- Title II
- COLLECTIVE CONTRACT
- Title III
- LABOUR CONTRACT
- Title III-А
- EMPLOYMENT OF DISMISSED EMPLOYEES
- Title IV
- WORKING HOURS
- Title V
- REST TIME
- Title XII
- WOMEN’S LABOUR
- Title XIII
- YOUTH’S LABOUR
Title II
COLLECTIVE CONTRACT
(Title II read as Law No. 3693-12 of 15 December 1993)
Article 10. Collective Contract
Collective contract shall be entered into on the basis of current legislation and parties' liabilities in order to govern industrial, labour and social-economical relations, as well as to agree interests of workers, owners and authorized by them bodies.
(Article 10 as amended under Decrees of the Presidium of the Verkhovna Rada No. 4617-10 of 24 January 1983, No. 8474-10 of 27 February 1983, No. 5938-11 of 27 May 1988; Law No. 3693-12 of 15 December 1993)
Article 11. Scope of Collective Contracts
Collective contract shall be entered into at enterprises, in institutions and organizations irrespective of ownership and business form which employ hired labour and have the rights of legal entity.
Collective contract may be entered into at structural subdivisions of enterprise, institution and organization within the competence of these subdivisions.
(Article 11 as amended under Decrees of the Presidium of the Verkhovna Rada No. 4617-10 of 24 January 1983, No. 8474-10 of 27 February 1983, No. 5938-11 of 27 May 1988; Law No. 3693-12 of 15 December 1993)
Article 12. Parties of Collective Contract
Collective contract shall be entered into between the owner or authorized by him/her body (person), on the one part, and primary trade union organization, acting on the ground of their charters, and in case they are unavailable - by representatives freely elected at general meetings of hired employees or authorized by them bodies, on the other part.
If there are several primary trade union organizations at enterprise, in institution and organization, they shall on the grounds of pro-rata representation (according to the number of members of each primary trade union organization) create the unified representative body for entering into collective contract. If this is the case, each primary trade union organization shall decide on its liabilities under collective contract and responsibilities for failure to fulfill them. Primary trade union organization which refused to participate in the unified representative body shall be deprived of the right to represent interests of employees when signing collective contract.
(Article 12 as amended under Law No. 3693-12 of 15 December 1993, read as Law No. 2343-III (2343-14) of 5 April 2001, as amended under Law No. 1096-IV (1096-15) of 10 July 2003)
Article 13. Content of Collective Contract
Content of collective contract shall be determined by parties within their competence.
Collective contract shall define mutual liabilities of parties as to governing industrial, labour and social-economical relations, in particular:
changes in production and labour organization;
ensuring efficient employment;
work measurement and remuneration of labour, establishment of forms, system and amounts of salary and other kinds of labour payments (extra payments, allowances, bonuses, etc);
granting guarantees, compensations, benefits;
participation of labour collective in formation, allocation and use of profits gained by enterprise, institution and organization (provided that this is prescribed by the charter);
work schedule, working and rest hours;
conditions and protection of labour;
ensuring housing, cultural, medical services, organization of health improvement and rest of employees;
guaranties of activity of trade union or other representative organizations of workers;
conditions of regulating salary funds and establishing inter-qualification (inter-official) relationships in remuneration of labour.
As compared with current legislation and agreements, the collective contract may provide for additional guarantees and social benefits.
(Article 13 as amended under Decrees of the Presidium of the Verkhovna Rada No. 8474-10 of 27 February 1985, No. 7543-11 of 19 May 1989; Laws No. 3693-12 of 15 December 1993, No. 20/97-ВР of 23 January 1997)
Article 14. Collective Negotiations, Framing and Entering into Collective Contract, Responsibility for Its Execution
Before entering into collective contract collective negotiations shall take place.
Periods, procedure of holding negotiations, settlement of disputes arising when holding thereof, procedure of framing, entering into and making alterations and amendments to collective contract, responsibility for its execution shall be governed by Law of Ukraine “On Collective Contracts and Agreements” (3356-12).
(Article 14 as amended under Law No. 3693-12 of 15 December 1993)
Article 15. Registration of Collective Contract
Collective contract shall be subject to informative registration by local state executive authorities.
Procedure of registration of collective contracts shall be determined by the Cabinet of Ministers of Ukraine.
(Article 15 as amended under Law No. 3693-12 of 15 December 1993)
Article 16. Invalidity of Collective Contract Provisions
Provisions of collective contract which deteriorate position of employees as compared with current legislation and agreements shall be invalid.
(Article 16 as amended under Decrees of the Presidium of the Verkhovna Rada No. 4617-10 of 24 January 1983, No. 5938-11 of 27 May 1988, No. 871-12 of 20 March 1991; Law No. 3693-12 of 15 December 1993)
Article 17. Collective Contract Period
Collective contract shall come into force as from the date of its signing by representatives of parties, or as from the date set forth therein.
Upon completion of its validity period the collective contract shall continue to be valid until parties enter into new collective contract or revise current collective contract, unless otherwise prescribed in the contract.
Collective contract shall remain valid in case of changes in membership, structure, denomination of authorized by the owner body on which behalf this contract was entered into.
In case of reorganization of enterprise, institution or organization, the collective contract shall remain valid within the period for which it was entered into, or it may be revised as agreed by the parties.
In case of replacement of the owner, the collective contract shall remain valid within its validity period, however not more than one year.
Within this period the parties shall commence negotiations on entering into new collective contract, or on making alterations or amendments to current collective contract.
In case of liquidation of enterprise, institution or organization, the collective contract shall be valid within the whole period of liquidation.
At newly created enterprise, in institution or organization the collective contract shall be entered into on the initiative of one of the parties within three-month period upon registration of enterprise, institution or organization, if registration is prescribed by legislation, or upon taking decision on creation of enterprise, institution or organization, if registration is not prescribed.
(Article 17 as amended under Law No. 3693-12 of 15 December 1993)
Article 18. Application of Collective Contract to All Employees
Provisions of collective contract shall apply to all employees of enterprise, institution or organization irrespective of whether they are members of trade union, and shall be binding both for the owner or authorized by him/her body, and for employees of enterprise, institution or organization.
(Article 18 as amended under the Decree of the Presidium of the Verkhovna Rada No. 4617-10 of 24 January 1983; Law No. 3693-12 of 15 December 1993)
Article 19. Control over Execution of Collective Contract
Control over execution of collective contract shall be exercised directly by the parties which entered into thereof in accordance with the procedure determined in this collective contract.
If the owner or authorized by him/her body (person) violated provisions of collective contract, trade unions which entered into thereof shall be entitled to request the owner or authorized by him/her body (person) to remedy this violation which is to be considered within one-week period. In case of refuse to remedy violation or failure to reach agreement within the above period, trade unions shall be entitled to claim against illegal actions or omissions of officials at court.
(Article 19 as amended under Decrees of the Presidium of the Verkhovna Rada No. 4617-10 of 24 January 1983, No. 5938-11 of 27 May 1988; Laws No. 3693-12 of 15 December 1993, No. 2343-III (2343-14) of 5 April 2001)
Article 20. Reports on Execution of Collective Contract
Parties which signed the collective contract shall report on execution thereof on annual basis within the periods prescribed in the collective contract.
(Article 20 as amended under Law No. 3693-12 of 15 December 1993)
Title III
LABOUR CONTRACT
Article 21. Labour Contract
Labour contract is an agreement entered into between the employee and the owner of enterprise, institution or organization or authorized by him/her body or individual according to which the employee shall undertake to perform work determined in this agreement subject to observance of internal regulations, and the owner of enterprise, institution or organization or authorized by him/her body or individual shall undertake to pay the employee salary and provide working conditions required for performance of work as prescribed by labour legislation, collective contract and agreement of the parties.
The employee shall be entitled to realize his/her abilities as to efficient and creative work by entering into labour contract at one or simultaneously at several enterprises, institutions or organizations, unless otherwise prescribed by legislation, collective contract or agreement of the parties.
Special form of labour contract is an agreement in which its validity period, rights, liabilities and responsibilities of the parties (including material ones), conditions of material security and organization of employee’s work, conditions of termination of the contract, including before the appointed time, may be determined as agreed upon by the parties. Scope of the contract shall be determined by Laws of Ukraine.
(Article 21 as amended under Laws No. 871-12 of 20 March 1991, No. 263/95-ВР of 5 July 1995, No. 1356-XIV (1356-14) of 24 December 1999)
(Official interpretation of part three of Article 21 is given in the Decision of the Constitutional Court No. 12-рп/98 (v012p710-98) of 9 July 1998)
Article 22. Guarantees When Entering into, Making Alterations and Termination of Labour Contract
Unreasonable refusal of employment shall not be allowed.
According to the Constitution of Ukraine (888-09) any direct or indirect limitation of rights or establishment of direct or indirect advantages when entering into, making alterations and termination of labour contract depending on origin, social and property position, race and nationality, sex, language, political convections, religious beliefs, membership in trade union or other association of citizens, kind and character of activity, place of residence shall not be allowed.
Requirements to age, level of education, state of health of the employee may be established by legislation of Ukraine.
(Article 22 as amended under Laws No. 871-12 of 20 March 1991, No. 6/95-ВР of 19 January 1995)
Article 23. Validity Periods of Labour Contract
Labour contract may be:
1) termless, that is entered into for indefinite period of time;
2) entered into for definite period of time as agreed upon by the parties;
COLLECTIVE CONTRACT
(Title II read as Law No. 3693-12 of 15 December 1993)
Article 10. Collective Contract
Collective contract shall be entered into on the basis of current legislation and parties' liabilities in order to govern industrial, labour and social-economical relations, as well as to agree interests of workers, owners and authorized by them bodies.
(Article 10 as amended under Decrees of the Presidium of the Verkhovna Rada No. 4617-10 of 24 January 1983, No. 8474-10 of 27 February 1983, No. 5938-11 of 27 May 1988; Law No. 3693-12 of 15 December 1993)
Article 11. Scope of Collective Contracts
Collective contract shall be entered into at enterprises, in institutions and organizations irrespective of ownership and business form which employ hired labour and have the rights of legal entity.
Collective contract may be entered into at structural subdivisions of enterprise, institution and organization within the competence of these subdivisions.
(Article 11 as amended under Decrees of the Presidium of the Verkhovna Rada No. 4617-10 of 24 January 1983, No. 8474-10 of 27 February 1983, No. 5938-11 of 27 May 1988; Law No. 3693-12 of 15 December 1993)
Article 12. Parties of Collective Contract
Collective contract shall be entered into between the owner or authorized by him/her body (person), on the one part, and primary trade union organization, acting on the ground of their charters, and in case they are unavailable - by representatives freely elected at general meetings of hired employees or authorized by them bodies, on the other part.
If there are several primary trade union organizations at enterprise, in institution and organization, they shall on the grounds of pro-rata representation (according to the number of members of each primary trade union organization) create the unified representative body for entering into collective contract. If this is the case, each primary trade union organization shall decide on its liabilities under collective contract and responsibilities for failure to fulfill them. Primary trade union organization which refused to participate in the unified representative body shall be deprived of the right to represent interests of employees when signing collective contract.
(Article 12 as amended under Law No. 3693-12 of 15 December 1993, read as Law No. 2343-III (2343-14) of 5 April 2001, as amended under Law No. 1096-IV (1096-15) of 10 July 2003)
Article 13. Content of Collective Contract
Content of collective contract shall be determined by parties within their competence.
Collective contract shall define mutual liabilities of parties as to governing industrial, labour and social-economical relations, in particular:
changes in production and labour organization;
ensuring efficient employment;
work measurement and remuneration of labour, establishment of forms, system and amounts of salary and other kinds of labour payments (extra payments, allowances, bonuses, etc);
granting guarantees, compensations, benefits;
participation of labour collective in formation, allocation and use of profits gained by enterprise, institution and organization (provided that this is prescribed by the charter);
work schedule, working and rest hours;
conditions and protection of labour;
ensuring housing, cultural, medical services, organization of health improvement and rest of employees;
guaranties of activity of trade union or other representative organizations of workers;
conditions of regulating salary funds and establishing inter-qualification (inter-official) relationships in remuneration of labour.
As compared with current legislation and agreements, the collective contract may provide for additional guarantees and social benefits.
(Article 13 as amended under Decrees of the Presidium of the Verkhovna Rada No. 8474-10 of 27 February 1985, No. 7543-11 of 19 May 1989; Laws No. 3693-12 of 15 December 1993, No. 20/97-ВР of 23 January 1997)
Article 14. Collective Negotiations, Framing and Entering into Collective Contract, Responsibility for Its Execution
Before entering into collective contract collective negotiations shall take place.
Periods, procedure of holding negotiations, settlement of disputes arising when holding thereof, procedure of framing, entering into and making alterations and amendments to collective contract, responsibility for its execution shall be governed by Law of Ukraine “On Collective Contracts and Agreements” (3356-12).
(Article 14 as amended under Law No. 3693-12 of 15 December 1993)
Article 15. Registration of Collective Contract
Collective contract shall be subject to informative registration by local state executive authorities.
Procedure of registration of collective contracts shall be determined by the Cabinet of Ministers of Ukraine.
(Article 15 as amended under Law No. 3693-12 of 15 December 1993)
Article 16. Invalidity of Collective Contract Provisions
Provisions of collective contract which deteriorate position of employees as compared with current legislation and agreements shall be invalid.
(Article 16 as amended under Decrees of the Presidium of the Verkhovna Rada No. 4617-10 of 24 January 1983, No. 5938-11 of 27 May 1988, No. 871-12 of 20 March 1991; Law No. 3693-12 of 15 December 1993)
Article 17. Collective Contract Period
Collective contract shall come into force as from the date of its signing by representatives of parties, or as from the date set forth therein.
Upon completion of its validity period the collective contract shall continue to be valid until parties enter into new collective contract or revise current collective contract, unless otherwise prescribed in the contract.
Collective contract shall remain valid in case of changes in membership, structure, denomination of authorized by the owner body on which behalf this contract was entered into.
In case of reorganization of enterprise, institution or organization, the collective contract shall remain valid within the period for which it was entered into, or it may be revised as agreed by the parties.
In case of replacement of the owner, the collective contract shall remain valid within its validity period, however not more than one year.
Within this period the parties shall commence negotiations on entering into new collective contract, or on making alterations or amendments to current collective contract.
In case of liquidation of enterprise, institution or organization, the collective contract shall be valid within the whole period of liquidation.
At newly created enterprise, in institution or organization the collective contract shall be entered into on the initiative of one of the parties within three-month period upon registration of enterprise, institution or organization, if registration is prescribed by legislation, or upon taking decision on creation of enterprise, institution or organization, if registration is not prescribed.
(Article 17 as amended under Law No. 3693-12 of 15 December 1993)
Article 18. Application of Collective Contract to All Employees
Provisions of collective contract shall apply to all employees of enterprise, institution or organization irrespective of whether they are members of trade union, and shall be binding both for the owner or authorized by him/her body, and for employees of enterprise, institution or organization.
(Article 18 as amended under the Decree of the Presidium of the Verkhovna Rada No. 4617-10 of 24 January 1983; Law No. 3693-12 of 15 December 1993)
Article 19. Control over Execution of Collective Contract
Control over execution of collective contract shall be exercised directly by the parties which entered into thereof in accordance with the procedure determined in this collective contract.
If the owner or authorized by him/her body (person) violated provisions of collective contract, trade unions which entered into thereof shall be entitled to request the owner or authorized by him/her body (person) to remedy this violation which is to be considered within one-week period. In case of refuse to remedy violation or failure to reach agreement within the above period, trade unions shall be entitled to claim against illegal actions or omissions of officials at court.
(Article 19 as amended under Decrees of the Presidium of the Verkhovna Rada No. 4617-10 of 24 January 1983, No. 5938-11 of 27 May 1988; Laws No. 3693-12 of 15 December 1993, No. 2343-III (2343-14) of 5 April 2001)
Article 20. Reports on Execution of Collective Contract
Parties which signed the collective contract shall report on execution thereof on annual basis within the periods prescribed in the collective contract.
(Article 20 as amended under Law No. 3693-12 of 15 December 1993)
Title III
LABOUR CONTRACT
Article 21. Labour Contract
Labour contract is an agreement entered into between the employee and the owner of enterprise, institution or organization or authorized by him/her body or individual according to which the employee shall undertake to perform work determined in this agreement subject to observance of internal regulations, and the owner of enterprise, institution or organization or authorized by him/her body or individual shall undertake to pay the employee salary and provide working conditions required for performance of work as prescribed by labour legislation, collective contract and agreement of the parties.
The employee shall be entitled to realize his/her abilities as to efficient and creative work by entering into labour contract at one or simultaneously at several enterprises, institutions or organizations, unless otherwise prescribed by legislation, collective contract or agreement of the parties.
Special form of labour contract is an agreement in which its validity period, rights, liabilities and responsibilities of the parties (including material ones), conditions of material security and organization of employee’s work, conditions of termination of the contract, including before the appointed time, may be determined as agreed upon by the parties. Scope of the contract shall be determined by Laws of Ukraine.
(Article 21 as amended under Laws No. 871-12 of 20 March 1991, No. 263/95-ВР of 5 July 1995, No. 1356-XIV (1356-14) of 24 December 1999)
(Official interpretation of part three of Article 21 is given in the Decision of the Constitutional Court No. 12-рп/98 (v012p710-98) of 9 July 1998)
Article 22. Guarantees When Entering into, Making Alterations and Termination of Labour Contract
Unreasonable refusal of employment shall not be allowed.
According to the Constitution of Ukraine (888-09) any direct or indirect limitation of rights or establishment of direct or indirect advantages when entering into, making alterations and termination of labour contract depending on origin, social and property position, race and nationality, sex, language, political convections, religious beliefs, membership in trade union or other association of citizens, kind and character of activity, place of residence shall not be allowed.
Requirements to age, level of education, state of health of the employee may be established by legislation of Ukraine.
(Article 22 as amended under Laws No. 871-12 of 20 March 1991, No. 6/95-ВР of 19 January 1995)
Article 23. Validity Periods of Labour Contract
Labour contract may be:
1) termless, that is entered into for indefinite period of time;
2) entered into for definite period of time as agreed upon by the parties;
(Title II read as Law No. 3693-12 of 15 December 1993)
Article 10. Collective Contract
Collective contract shall be entered into on the basis of current legislation and parties' liabilities in order to govern industrial, labour and social-economical relations, as well as to agree interests of workers, owners and authorized by them bodies.
(Article 10 as amended under Decrees of the Presidium of the Verkhovna Rada No. 4617-10 of 24 January 1983, No. 8474-10 of 27 February 1983, No. 5938-11 of 27 May 1988; Law No. 3693-12 of 15 December 1993)
Article 11. Scope of Collective Contracts
Collective contract shall be entered into at enterprises, in institutions and organizations irrespective of ownership and business form which employ hired labour and have the rights of legal entity.
Collective contract may be entered into at structural subdivisions of enterprise, institution and organization within the competence of these subdivisions.
(Article 11 as amended under Decrees of the Presidium of the Verkhovna Rada No. 4617-10 of 24 January 1983, No. 8474-10 of 27 February 1983, No. 5938-11 of 27 May 1988; Law No. 3693-12 of 15 December 1993)
Article 12. Parties of Collective Contract
Collective contract shall be entered into between the owner or authorized by him/her body (person), on the one part, and primary trade union organization, acting on the ground of their charters, and in case they are unavailable - by representatives freely elected at general meetings of hired employees or authorized by them bodies, on the other part.
If there are several primary trade union organizations at enterprise, in institution and organization, they shall on the grounds of pro-rata representation (according to the number of members of each primary trade union organization) create the unified representative body for entering into collective contract. If this is the case, each primary trade union organization shall decide on its liabilities under collective contract and responsibilities for failure to fulfill them. Primary trade union organization which refused to participate in the unified representative body shall be deprived of the right to represent interests of employees when signing collective contract.
(Article 12 as amended under Law No. 3693-12 of 15 December 1993, read as Law No. 2343-III (2343-14) of 5 April 2001, as amended under Law No. 1096-IV (1096-15) of 10 July 2003)
Article 13. Content of Collective Contract
Content of collective contract shall be determined by parties within their competence.
Collective contract shall define mutual liabilities of parties as to governing industrial, labour and social-economical relations, in particular:
changes in production and labour organization;
ensuring efficient employment;
work measurement and remuneration of labour, establishment of forms, system and amounts of salary and other kinds of labour payments (extra payments, allowances, bonuses, etc);
granting guarantees, compensations, benefits;
participation of labour collective in formation, allocation and use of profits gained by enterprise, institution and organization (provided that this is prescribed by the charter);
work schedule, working and rest hours;
conditions and protection of labour;
ensuring housing, cultural, medical services, organization of health improvement and rest of employees;
guaranties of activity of trade union or other representative organizations of workers;
conditions of regulating salary funds and establishing inter-qualification (inter-official) relationships in remuneration of labour.
As compared with current legislation and agreements, the collective contract may provide for additional guarantees and social benefits.
(Article 13 as amended under Decrees of the Presidium of the Verkhovna Rada No. 8474-10 of 27 February 1985, No. 7543-11 of 19 May 1989; Laws No. 3693-12 of 15 December 1993, No. 20/97-ВР of 23 January 1997)
Article 14. Collective Negotiations, Framing and Entering into Collective Contract, Responsibility for Its Execution
Before entering into collective contract collective negotiations shall take place.
Periods, procedure of holding negotiations, settlement of disputes arising when holding thereof, procedure of framing, entering into and making alterations and amendments to collective contract, responsibility for its execution shall be governed by Law of Ukraine “On Collective Contracts and Agreements” (3356-12).
(Article 14 as amended under Law No. 3693-12 of 15 December 1993)
Article 15. Registration of Collective Contract
Collective contract shall be subject to informative registration by local state executive authorities.
Procedure of registration of collective contracts shall be determined by the Cabinet of Ministers of Ukraine.
(Article 15 as amended under Law No. 3693-12 of 15 December 1993)
Article 16. Invalidity of Collective Contract Provisions
Provisions of collective contract which deteriorate position of employees as compared with current legislation and agreements shall be invalid.
(Article 16 as amended under Decrees of the Presidium of the Verkhovna Rada No. 4617-10 of 24 January 1983, No. 5938-11 of 27 May 1988, No. 871-12 of 20 March 1991; Law No. 3693-12 of 15 December 1993)
Article 17. Collective Contract Period
Collective contract shall come into force as from the date of its signing by representatives of parties, or as from the date set forth therein.
Upon completion of its validity period the collective contract shall continue to be valid until parties enter into new collective contract or revise current collective contract, unless otherwise prescribed in the contract.
Collective contract shall remain valid in case of changes in membership, structure, denomination of authorized by the owner body on which behalf this contract was entered into.
In case of reorganization of enterprise, institution or organization, the collective contract shall remain valid within the period for which it was entered into, or it may be revised as agreed by the parties.
In case of replacement of the owner, the collective contract shall remain valid within its validity period, however not more than one year.
Within this period the parties shall commence negotiations on entering into new collective contract, or on making alterations or amendments to current collective contract.
In case of liquidation of enterprise, institution or organization, the collective contract shall be valid within the whole period of liquidation.
At newly created enterprise, in institution or organization the collective contract shall be entered into on the initiative of one of the parties within three-month period upon registration of enterprise, institution or organization, if registration is prescribed by legislation, or upon taking decision on creation of enterprise, institution or organization, if registration is not prescribed.
(Article 17 as amended under Law No. 3693-12 of 15 December 1993)
Article 18. Application of Collective Contract to All Employees
Provisions of collective contract shall apply to all employees of enterprise, institution or organization irrespective of whether they are members of trade union, and shall be binding both for the owner or authorized by him/her body, and for employees of enterprise, institution or organization.
(Article 18 as amended under the Decree of the Presidium of the Verkhovna Rada No. 4617-10 of 24 January 1983; Law No. 3693-12 of 15 December 1993)
Article 19. Control over Execution of Collective Contract
Control over execution of collective contract shall be exercised directly by the parties which entered into thereof in accordance with the procedure determined in this collective contract.
If the owner or authorized by him/her body (person) violated provisions of collective contract, trade unions which entered into thereof shall be entitled to request the owner or authorized by him/her body (person) to remedy this violation which is to be considered within one-week period. In case of refuse to remedy violation or failure to reach agreement within the above period, trade unions shall be entitled to claim against illegal actions or omissions of officials at court.
(Article 19 as amended under Decrees of the Presidium of the Verkhovna Rada No. 4617-10 of 24 January 1983, No. 5938-11 of 27 May 1988; Laws No. 3693-12 of 15 December 1993, No. 2343-III (2343-14) of 5 April 2001)
Article 20. Reports on Execution of Collective Contract
Parties which signed the collective contract shall report on execution thereof on annual basis within the periods prescribed in the collective contract.
(Article 20 as amended under Law No. 3693-12 of 15 December 1993)
Article 21. Labour Contract
Labour contract is an agreement entered into between the employee and the owner of enterprise, institution or organization or authorized by him/her body or individual according to which the employee shall undertake to perform work determined in this agreement subject to observance of internal regulations, and the owner of enterprise, institution or organization or authorized by him/her body or individual shall undertake to pay the employee salary and provide working conditions required for performance of work as prescribed by labour legislation, collective contract and agreement of the parties.
The employee shall be entitled to realize his/her abilities as to efficient and creative work by entering into labour contract at one or simultaneously at several enterprises, institutions or organizations, unless otherwise prescribed by legislation, collective contract or agreement of the parties.
Special form of labour contract is an agreement in which its validity period, rights, liabilities and responsibilities of the parties (including material ones), conditions of material security and organization of employee’s work, conditions of termination of the contract, including before the appointed time, may be determined as agreed upon by the parties. Scope of the contract shall be determined by Laws of Ukraine.
(Article 21 as amended under Laws No. 871-12 of 20 March 1991, No. 263/95-ВР of 5 July 1995, No. 1356-XIV (1356-14) of 24 December 1999)
(Official interpretation of part three of Article 21 is given in the Decision of the Constitutional Court No. 12-рп/98 (v012p710-98) of 9 July 1998)
Article 22. Guarantees When Entering into, Making Alterations and Termination of Labour Contract
Unreasonable refusal of employment shall not be allowed.
According to the Constitution of Ukraine (888-09) any direct or indirect limitation of rights or establishment of direct or indirect advantages when entering into, making alterations and termination of labour contract depending on origin, social and property position, race and nationality, sex, language, political convections, religious beliefs, membership in trade union or other association of citizens, kind and character of activity, place of residence shall not be allowed.
Requirements to age, level of education, state of health of the employee may be established by legislation of Ukraine.
(Article 22 as amended under Laws No. 871-12 of 20 March 1991, No. 6/95-ВР of 19 January 1995)
Article 23. Validity Periods of Labour Contract
Labour contract may be:
1) termless, that is entered into for indefinite period of time;
2) entered into for definite period of time as agreed upon by the parties;
Title III
LABOUR CONTRACT