The Labour Code of Ukraine

Article 1. The task of the Labour Code of Ukraine

The Labour Code of Ukraine regulates labour relations of all employees, contributing to the growth of labour productivity, improving the quality of work, improving efficiency of social production and raising on this basis material and cultural standard of living of workers, strengthening labour discipline and gradually transforming labour for the benefit of society into the first vital need of every able-bodied person.

Labour legislation establishes a high level of working conditions and every kind of protection of employees ‘ labour rights.

Article 2. Basic labour rights of employees

The right of Ukrainian citizens to work – that is, to receive work with a salary not lower than the minimum amount established by the state – including the right to freely choose a profession, occupation and work is ensured by the state. The state creates conditions for effective employment of the population, promotes employment, training and professional development, and, if necessary, provides retraining of persons released as a result of transition to a market economy.

Employees exercise the right to work by concluding an employment contract on the work at an enterprise, institution, organisation or with an individual. Employees have the right to rest in accordance with the laws on restrictions of working day and working week and on annual paid leave, the right to healthy and safe working conditions, to join trade unions and to resolve collective labour conflicts (disputes) in accordance with the procedure established by the law, to participate in the management of an enterprise, institution, organisation, to material support in the order of social insurance in old age, as well as in the case of illness or rehabilitation, complete or partial disability, to material assistance in case of unemployment, to the right to apply to the court to resolve labour disputes regardless of the nature of the work performed or position held, except in cases provided for by the legislation, and other rights established by the legislation.

Article 2^–1. Equality of labour rights of Ukrainian citizens

Any discrimination in the sphere of work is prohibited, in particular violation of the principle of equality of rights and opportunities, direct or indirect restriction of rights of employees depending on race, skin color, political, religious and other beliefs, gender, gender identity, sexual orientation, ethnic, social and foreign origin, age, health status, disability, suspicion or presence of HIV/AIDS, family and property status, family responsibilities, place of residence, membership in a trades union or other citizens’ association, participation in a strike, appeal or intention to apply to a court or other authorities to protect their rights or provide support to other employees in protection of their rights, notification of possible facts of corruption or corruption-related offenses, other violations of the Law of Ukraine “On Prevention of Corruption”, as well as assistance to a person in the implementation of such notification, on language or other grounds not related to the nature of work or conditions of its performance.

Actions established by this Code and other laws, as well as restrictions on employees’ rights that depend on requirements inherent to a particular type of work — including age, education, health condition, or sex — or that are determined by the need for enhanced social and legal protection of certain categories of persons, are not considered discrimination in the field of labour.

The laws and charters of business companies, except joint-stock companies, agricultural cooperatives, farms, public associations, religious organizations, and legal entities established by religious organizations may provide advantages for their founders, participants, and members in employment, transfer to another job, and retention of employment in the event of dismissal.

Persons who believe they have been subjected to discrimination in the field of labour have the right to file a complaint with state authorities, authorities of the Autonomous Republic of Crimea, local self-government bodies and their officials, the Ukrainian Parliament Commissioner for Human Rights, and/or apply to court.

Article 2-2. Prohibition of Mobbing/Bullying

Mobbing/bullying means systematic, repeated, prolonged, intentional actions or omissions by an employer, individual employees, or a group of employees within the workforce, aimed at humiliating an employee’s honor and dignity or business reputation, including for the purpose of acquiring, changing, or terminating the employee’s labour rights and obligations. Such conduct takes the form of psychological and/or economic pressure, including through electronic communications, and may involve creating a tense, hostile, or offensive atmosphere toward the employee, including one that causes the employee to underestimate their professional competence.

Forms of psychological and economic pressure include, in particular:

• creating a tense, hostile, or offensive atmosphere toward an employee, including threats, ridicule, slander, derogatory remarks, threatening, intimidating, or humiliating behavior, and other methods of disturbing the employee’s psychological balance;
• unjustified negative singling out of an employee from the team or their isolation, including failure to invite the employee to meetings and conferences in which, under local regulations and organizational-administrative acts, the employee is required to participate; obstructing the employee’s performance of their employment duties; denying the employee access to the workplace; or relocating the workplace to premises unsuitable for the type of work performed;
• unequal opportunities for training and career growth;
• unequal pay for work of equal value performed by employees with the same qualifications;
• unjustified deprivation of part of the employee’s payments, including bonuses, incentive payments, and other rewards;
• unjustified and uneven distribution by the employer of workload and tasks among employees with the same qualifications and productivity who perform equivalent work.
• An employer’s requirements regarding the proper performance of an employee’s employment duties, or changes to the employee’s workplace, position, or remuneration made in accordance with the procedure established by law, a collective agreement, or an employment contract, are not considered mobbing/bullying.
• Mobbing/bullying is prohibited.

Persons who believe they have been subjected to mobbing/bullying have the right to file a complaint with the central executive authority responsible for implementing state policy in the field of supervision and control over compliance with labour legislation, and/or to apply to court.