A new law regulating home, remote and flexible work took effect on 27 Feb 2021 in the Ukraine.
- Home-based work is available only for employees who have practical skills to perform certain jobs or who can be trained in such skills. The standard employment contract for home-based work is approved by the central executive body.
- Home-based work is done from the employee’s home, or another designated location. In such cases, the employee’s chosen workplace is fixed and generally can be changed only with the employer’s agreement. Employers must inspect the employee’s selected workplace or home prior to agreeing to home-based work, and employees must adhere to regular working hours, unless otherwise specified in the employment contract.
- Certain employees may work at home, if possible, given the work performed and employer resources. They include pregnant women, parents with children under three years of age, parents of two or more children under 15 years of age, and parents of a child with a disability.
- Employees have the right to use communication technologies to work remotely, from any place of their choosing. Employees can also request to combine remote working with work from the employer’s premises.
- Certain employees can request to work remotely part-time if possible, including pregnant women, parents with children under three years of age, parents of two or more children under 15 years of age, and parents of a child with a disability.
- Remote working arrangements, including the employee’s right to disconnect, must be specified in the employment contract and approved by the central executive body. Employees generally set their own work schedule. Internal labor regulations do not apply unless specified in the employment contract.
- Employers must provide employees with the necessary equipment to perform the job, and employees are responsible for its safe upkeep. Employers must reimburse employees for any additional expenses, unless otherwise detailed in the employment contract. Employers must provide safety training to remote workers.
- Employees may request to work remotely for periods up to two months in certain circumstances, for example, if they are victims of alleged acts of workplace discrimination or sexual harassment. Employers can refuse to agree to the request if the nature of the work means it cannot be done remotely, or if the employee has not provided evidence of discrimination or harassment.
Flexible working hours
- Employees are allowed to work flexibly either indefinitely or for a period of time, and the employment contract must specify the total number of hours to be worked per day, week, month, etc. The employee’s core working and variable hours, and rest periods, must be included in the employment contract.
- Employers can require employees to work flexibly for periods of up to one month in case of business need, subject to providing employees with two months’ notice, or immediately without prior notice in the case of a public emergency. Employers can also require employees to work regular hours as a disciplinary measure in cases of flexible work schedule breaches.
- Law on remote working (Ukrainian) (Government of Ukraine, 4 Feb 2021)
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