Dear colleagues!

We inform you about the main news in the labor legislation for the period from November 23 to December 29, 2021.

1. Entry into force of the List of specialties after obtaining which women are registered for military service (order of the Ministry of Defense №313) and clarification of the provisions of the order of the Ministry of Defense №313

NAME OF REGULATORY LEGAL ACT:

Order of the Ministry of Defense of Ukraine dated October 11, 2021 № 313 “On approval of the List of specialties and/or professions related to the relevant military-related specialties, after obtaining which women are registered for military service” (hereinafter – the List or Order of the Ministry of Defense №313). Entry into force – December 17, 2021.

ACCESS:

https://zakon.rada.gov.ua/laws/show/z1566-21#Text

ESSENCE OF CHANGES:

1. The list approves the list of industries and professions according to which working women must be on the military register, namely 35 specialties, each of which represents dozens of separate specialties of economic activity.
2. The employer must ensure that women who already work for the company are registered in the List. Also, when hiring women according to the List, it is necessary to check the availability of military registration documents and marks of military registration. The maximum age of being in reserve and in the military reserve is 60 years. Failure to comply with these norms is punishable by a fine from the State Labor Office and the Territorial Center for Recruitment and Social Support in the amount of three hundred to five hundred non-taxable minimum incomes (from UAH 5,100 to UAH 8,500).
3. Clarification of the provisions of the order of the Ministry of Defense №313 on the list of professions for women and their registration in the military service at the briefing:

• Until the end of 2022, women will not be fined if they do not register for the military service.
• Administrative liability does not threaten the heads of enterprises where they work until the end of 2022.
• To be registered, women must visit the recruitment center at the place of their registration.
• The algorithm for registration of women is similar to the algorithm for registration of men.
• To be registered in the army, it is necessary to appear in person at the military commissariat at the place of registration by the end of 2022 and provide the relevant documents, pass a medical commission that will determine fitness for military service.
• Online registration is not provided (in particular due to the need for a medical examination). However, in the event of a change of residence, it is possible to change the place of military registration through the website of the service “Diia”.
• Individual entrepreneurs do not keep military records (form P-2) and are therefore exempt from this duty, as well as from liability for not keeping it. However, this obligation applies to the heads of all enterprises, organizations and institutions, regardless of form and ownership.
• Registration does not involve the conscription of women for military service. Women who are on the military register may be called up for military service or recruited to carry out state defense work in wartime. Women, like men, can be called up for military training.
• In the event of a change of profession or credentials (including the place of registration), the military recruitment center must be notified. This is also the responsibility of heads of enterprises.
• The process of enlistment of women began on December 17, 2021.

It should be noted that at the end of December 2021, the Verkhovna Rada registered Bill № 6482 “On Amendments to Article 1 of the Law of Ukraine “On Military Duty and Military Service”. According to the bill, women must register for military service only if they wish, i.e. voluntarily. The exception is female doctors.

2. The Ministry of Health has approved Amendments to the List of Occupations for mandatory caccination.

NAME OF REGULATORY LEGAL ACT:

Order of the Ministry of Healthcare of November 30, 2021 № 2664 “On approval of changes to the List of professions, industries and organizations whose employees are subject to mandatory preventive vaccinations” (hereinafter – the List or Order of the Ministry of Healthcare № 2664). Registered at the Ministry of Justice of Ukraine on December 16, 2021. Entry into force – in one month after the date of its publication.

ESSENCE OF CHANGES:

1. According to the order of the Ministry of Healthcare № 2664, for the period of quarantine established by the Cabinet of Ministers of Ukraine, in order to prevent the spread of coronavirus disease, the following employees are additionally subject to mandatory vaccination against COVID-19:

• Employees of local governments;
• Employees of state and communal health care institutions;
• Employees of public utility companies, institutions and organizations.

3. Quarantine prolongation and renewal of quarantine measures.

NAME OF REGULATORY LEGAL ACT:

Resolution of the Cabinet of Ministers of Ukraine of December 9, 2020 № 1236 “On the establishment of quarantine and introduction of restrictive anti-epidemic measures to prevent the spread of acute respiratory disease COVID-19 caused by coronavirus SARS-CoV-2” as amended on November 24, 2021 № 1240 and on December 15, 2021 № 1336.

ACCESS:

https://zakon.rada.gov.ua/laws/show/1236-2020-п#Text

ESSENCE OF CHANGES:

1. Quarantine is prolongued throughout Ukraine until March 31, 2022.
2. New quarantine rules came into force in Ukraine on December 6. The tightening of the rules applies primarily to unvaccinated citizens.
3. The validity of yellow COVID certificates has been reduced to 30 days from the date of dose administration.
4. Educators can work with a certificate of absolute contraindications to vaccination.

4.  From December 1, 2021 the subsistence level and the minimum wage are increased.

NAME OF REGULATORY LEGAL ACT:

Law of Ukraine of December 15, 2020 № 1082-IX “On the State Budget of Ukraine for 2021”.

ACCESS:

https://zakon.rada.gov.ua/laws/show/1082-20#Text

ESSENCE OF CHANGES:

1. Minimum salary from December 1, 2021 is: UAH 6,500 per month; in the hourly amount – UAH 39.12.
2. Subsistence level per person per month from December 1, 2021 is UAH 2,393.
3. The subsistence level for able-bodied persons from December 1, 2021 is UAH 2,481.

5. The State Budget for 2022 has been approved.

NAME OF REGULATORY LEGAL ACT:

Law of Ukraine of December 2, 2021 № 1928-IX “On the State Budget of Ukraine for 2022”. Entry into force – January 1, 2022.

ACCESS:

https://zakon.rada.gov.ua/laws/show/1928-20#Text

ESSENCE OF CHANGES:

1. Minimum wage in 2022 is:

• per month: UAH 6,500 – from January 1; UAH 6,700 – from October 1;
• in the hourly amount: UAH 39.26 – from January 1, UAH 40.46 – from October 1.

2. Subsistence level for able-bodied persons in 2022 is:

UAH 2,481 – from January 1, 2022,

UAH 2,600 – from July 1, 2022,

UAH 2,684 – from December 1, 2022.

6. Fines for discrimination in vacancies have been established.

NAME OF REGULATORY LEGAL ACT:

Law of Ukraine of September 10, 2021 № 1750-IX “On Amendments to the Law of Ukraine” On Advertising “to combat discrimination on the grounds of sex.” Entry into force – January 8, 2022.

ACCESS:

https://zakon.rada.gov.ua/laws/show/1750-20#Text

ESSENCE OF CHANGES:

1. Employers will be fined ten times the minimum wage in Ukraine at the time of the violation (UAH 65,000) if they indicate in vacancies the gender of employees, age and other discriminatory wording.
2. Art. 24-1 of the Law of Ukraine “On Advertising” of July 3, 1996 № 270/96-VR will provide for fines for:

• indicating the age of the candidates;
• job offer only for women/men (exception – specific work that can be performed only by a person of a certain sex);
• specifying requirements:

– which give preference to women/men, members of a certain race, skin color (exceptions – cases specified by law, and cases of specific work that can be performed only by a person of a certain sex);

– regarding political, religious and other beliefs;
– regarding trade union membership, etc .;
– regarding ethnic and social origin;
– regarding property status;
– regarding the place of residence;
– on language or other grounds.

3. The employer must pay the fine within 15 days from the date of the State Labor Inspection and delivery to the employer of the relevant act on the identified violations.

7. Updated labor reporting from 2022.

NAME OF REGULATORY LEGAL ACT:

Order of the State Statistics Service of Ukraine of June 25, 2021 № 135 “On approval of forms of state statistical observation № 1-PV (monthly)“ Labor Report”and № 1-PV (quarterly)“ Labor Report”.

ACCESS:

https://zakon.rada.gov.ua/rada/show/v0135832-21#Text

ESSENCE OF CHANGES:

1. New forms of state statistical observation have been updated and put into effect, starting with the report:

• for the first quarter of 2022 – № 1-PV (quarterly) “Labor Report”;
• for January 2022 – № 1-PV (monthly) “Labor Report”.

2. In the future, the monthly form of labor reporting should be provided monthly, quarterly – every quarter.
3. These forms of statistical reporting apply to legal entities, separate divisions of legal entities in accordance with the approved methodology.
4. At the same time, the orders of the State Statistics Service of Ukraine of June 17, 2020 shall lose their force as of February 1, 2022:

• № 178 “On approval of the form of state statistical observation № 1-PV (quarterly)“ Labor report”;
• № 179 “On approval of the form of state statistical observation № 1-PV (monthly)“ Labor Report”.

8. Bill № 6392 on Amendments to Certain Legislative Acts of Ukraine Concerning Improvement of Legal Regulation of Labor of Certain Categories of Workers has been registered.

NAME OF REGULATORY LEGAL ACT:

Draft Law of December 3, 2021 №6392 on Amendments to Certain Legislative Acts of Ukraine on Improving the Legal Regulation of Labor of Certain Categories of employees.

ACCESS:

http://w1.c1.rada.gov.ua/pls/zweb2/webproc4_1?pf3511=73358

ESSENCE OF CHANGES:

1. The bill proposes to:

• Prohibit discrimination in employment on the grounds of pregnancy (Article 21 of the Labor Code).
• Clarify in Art. 40 of the Labor Code that dismissal of an employee at the initiative of the owner or his authorized body during his temporary incapacity, as well as during the employee’s leave is not allowed in case of termination of employment on the grounds provided for in paragraph 1 (except liquidation of enterprise, institution, organization), 2, 6, 11 of the first part of Article 40 of the Labor Code.
• To state in new edition of Art. 174 of the Labor Code “Works that prohibit the use of female labour, including pregnant women and women who are breastfeeding children under one and a half years.”
• Exclude from the Labor Code:
  • Article 175 on restrictions on women’s work at night;
  • Article 176 on the prohibition of the involvement of pregnant women and women with children under the age of three in night and overtime work, work at weekends and sending them on business trips. Restrictions on involvement in night and overtime work, work at weekends, holidays and non-working days, referrals for business trips are proposed to be prescribed in the updated article 177 of the Labor Code.
• To supplement the Labor Code with a new Article 178-1 “Guarantees for the period of passing the recommended medical examinations conducted in connection with pregnancy”, according to which a pregnant woman is released from work for the period of passing the recommended medical examinations conducted in connection with pregnancy, during working hours. At the time of the medical examination of a pregnant woman, the average salary is maintained.
• In Art. 179 of the Labor Code to clarify that the duration of leave in connection with pregnancy and childbirth is calculated in total and is not less than 126 calendar days (140 calendar days – in case of birth of two or more children and in case of delivery complications).
• In the new edition to state Article 184 of the Labor Code “Guarantees of employment and prohibition of dismissal.”
• Relevant amendments will also be made to the Law on Labor Protection. In particular, the updated Art. 10 of the Law “On labor protection” prohibits the use of pregnant women and women who are breastfeeding the child under the age of one and a half years, in heavy work and work with harmful or dangerous working conditions, underground work, except for some underground work (non-physical work or work related to sanitary and household services).

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Please note that the information contained in this information letter is for general reference only and cannot be considered as legal advice. We hope you have found this information useful. If you need a more detailed explanation of the law, please contact us any time convenient for you.

Contact persons:

Igor Ogorodniychuk, partner
+380 44 391 30 01 io@omp.ua

Kateryna Dolga, associate
+380 44 391 30 01 k.dolga@omp.ua

Sincerely,
Law offices of OMP