Dear colleagues!
We inform you about the main news in the labor legislation for the period from May 8 to June 16, 2021.
- Approval of the form of NOTIFICATION of possible suspension (reduction) of production
NAME OF THE REGULATORY LEGAL ACT:
Order of the Ministry of Economy dated 23.04.2021 № 858 “On approval of the form of the NOTIFICATION on possible suspension (reduction) of production. Entry into force – 28.05.2021.
ACCESS:
https://zakon.rada.gov.ua/laws/show/z0638-21#Text
ESSENCE OF CHANGES:
A new form of notification of a possible suspension (reduction) of production has been approved. From now on, employers will submit notifications at the place of their business activity. In the form itself it is necessary to indicate both the place of activity and the location of the employer according to the unified state register.
- The Law draft on Changes in the functioning of the national qualifications system was adopted in the first reading.
NAME OF THE REGULATORY LEGAL ACT:
Law draft of Ukraine dated 23.09.2020 N 4147 “On Amendments to Certain legislative acts of Ukraine concerning the functioning of the national qualifications system” (hereinafter – the Law draft). June 3, 2021 – adopted by the Verkhovna Rada in the first reading.
ACCESS:
http://w1.c1.rada.gov.ua/pls/zweb2/webproc4_1?pf3511=70043
ESSENCE OF CHANGES:
- According to the draft law, a professional qualification (full professional qualification) is a standardized set of acquired competencies and/or learning outcomes, that let performance of labor functions, recognized by an entity authorized to assess and recognize the learning outcomes of persons and certified by a relevant document.
- Partial professional qualification – qualification that indicates that a person has acquired some of the competencies and/or learning outcomes that are defined by the relevant educational and/or professional standard.
- If a person has full professional qualification, it allows him/her to perform a full set of job functions within such a qualification, one or more types of occupations (professions).
- If a person has partial professional qualification, gives him/her the right to perform labor functions only of a certain part of the qualification.
- The list of jobs that do not require a person to have full or partial professional qualifications will be established by the National qualifications a
- It is proposed to make appropriate changes to the Labor Code.
- In the Law “On Education”, the authors of the legislative initiative propose to stipulate that qualifications are classified in terms of volume into full and partial, and in terms of content into educational and professional ones.
- The qualification is considered complete if the person acquires a complete list of competencies of the relevant level of the National qualifications framework, defined by the relevant standard.
- The qualification is considered partial if a person acquires part of the competencies of the relevant level of the National qualifications framework, defined by the relevant standard.
- The Procedure for granting parental leave has been developed.
NAME OF THE REGULATORY LEGAL ACT:
Draft Resolution of the Cabinet of Ministers of Ukraine “On approval of the Procedure for granting parental leave at the birth of a child”.
ACCESS:
ESSENCE OF CHANGES:
The procedure determines the mechanism and conditions for granting one-time paid leave at the birth of a child in accordance with Article 19-1 of the Law on Leave.
- Leave is granted once for a period determined by the employee in a written application for its granting (but not more than 14 calendar days excluding holidays and non-working days), not later than three months from the date of birth of the child. This leave must be used by the employee no later than the 104th day after the child’s birth. Moreover, this leave is not subject to division.
- The husband whose wife has given birth to a child must present a document required for the state registration of the child’s birth or a child’s birth certificate, marriage certificate when applying for leave.
- The father of a child who is not in a registered marriage with the mother of the child, provided that they live together, have common rights and obligations, when applying for leave must present the document required for state registration of the child’s birth or birth certificate, as well as attach an application of the child’s father and mother on determining its origin and a certificate of actual residence, issued by the executive body of the village, town, city, district council in the city (if created), which certifies their cohabitation.
- The grandmother, grandfather, or other adult relative of a child whose father is single must present a document required for state registration of the child’s birth or a child’s birth certificate, as well as a single parent’s statement stating that he or she has not used the child. such leave and the person who will actually take care of the child is indicated.
- The grandmother, grandfather, or other adult relative of a child whose mother is single must present a document required for state registration of the child’s birth or a child’s birth certificate, as well as a single mother’s application indicating the person who will actually take care of the child.
- To confirm the status of a “single mother”, such persons also attach a copy of the birth certificate (if there is no birth certificate of the child, in which information about the child’s father is entered in the prescribed manner at the mother’s direction) or death certificate or court decision on deprivation of his parental rights, missing or declared dead.
- An employee who has been dismissed and employed by another enterprise (institution, organization) or to a natural person who uses hired labor within three months from the date of the child’s birth must also attach a certificate of its non-use at the previous place of work to the application for leave.
- In case of non-submission of the relevant documents or their submission in full, the employer shall inform these persons within one day about the refusal to grant leave at the birth of a child.
- Additionally, it is provided that in the case of the birth of two or more children from one pregnancy, the duration of leave does not increase.
- Wages for employees during this leave are paid no later than three days from the date of its beginning.
The draft resolution was made public for discussion.
Please note that the information contained in this information letter is for general use only and cannot be considered as legal advice. We hope you found this information useful. We continue to monitor the latest changes in the legislation of Ukraine and the practice of its application.
If you need a more detailed explanation of the provisions of the law, please contact us any time.
Contact persons:
Andriy Martyniuk, Director of Business Development of the Law offices of OMP
+38 098 244 6262; +380 44 391 30 01 a.martyniuk@omp.ua
Halyna Brun, Marketing Director of the Law offices of OMP
+380 95 497 66 05; +380 44 391 30 01 g.brun@omp.ua
Regards,
Law offices of OMP