Ukraine is consistently enhancing labor legislation under martial law to ensure it aligns with widely recognized standards and the present circumstances.
Professions must meet the requirements of the times and the needs of the labor market, so the Ministry of Economy, by Order No. 22571 dated 13 December 2024, updated the list of professions in the National Classifier of Professions. The changes include new occupational titles and codes, cancellation and updating the job titles in law, film industry, prosecution, judiciary, and IT. New professions, such as those related to demining, medical care, etc., open new opportunities for citizens and contribute to the formation of new areas of activity that have arisen in connection with the war. In connection with the above, the HR departments should reflect these changes in the company’s staffing tables and personnel documents.
On 3 December 2024, the President of Ukraine signed the Law No. 4158-IX amending certain legislative acts on compulsory state social insurance. The relevant legal act regulates the possibility of receiving temporary disability and pregnancy benefits both at the main place of work and at a part-time job. As a result, part-time employees will be entitled to sick pay at both their main and part-time jobs.
Ukrainian employers can still reserve their employees, which protects them from being called up for military service. Currently, all reservations in the country are valid until the end of their term, but no longer than 28 February 2025. Due to a cyber-attack on Ukraine's state registers, the Cabinet of Ministers of Ukraine has automatically extended the validity of existing reservations for another month (but no longer than until 28 February). Accordingly, for those employees whose reservations were due to expire in January-February, they have been automatically extended and employers do not need to go through the reservation procedure again. This also allows reserved employees to travel abroad on business trips during this period.
On 5 June 2024, the Supreme Court issued an important opinion regarding discrimination against an employee (case No. 202/5012/21).
The employee referred to the fact that other employees working with him in the section, under the same conditions of tension and workload, were offered a significantly higher salary increase.
In its defense, the employer noted that setting a specific salary for employees is the exclusive right of the employers, and that the difference in the salary is differentiated by the time of hiring.
The decision was made in favor of the employee, and the Supreme Court concluded that discrimination was committed by the employer. This position is based on the fact that there is no evidence of the circumstances of the employee's performance of work of a different qualification, complexity, or intensity than employees of the same position whose salaries are higher. The employer also did not provide evidence of his decision based on the results of the assessment of the employee’s workload, performance indicators or the results of production of a particular unit.
Therefore, Ukrainian labor legislation continues to evolve in various directions despite the ongoing military conflict in the country. Considering the challenges of today, the legislator adopts changes that provide employees and employers with more guarantees and opportunities. The labor sector is important for the development of the country's economy, which in turn ensures a certain level of competitiveness for the state.
Published: The Legal Industry Review, February 2025
Authors: Oksana Voynarovska, Anna Odynokova