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14 Okt. 2024

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Dismissal of an employee at the initiative of the employer: current rules in Ukraine in 2024

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Dismissal of an employee at the initiative of the employer: current rules in Ukraine in 2024

According to the law, Ukraine has a certain procedure for dismissing employees. These rules must be followed by all employers. Find out more about the grounds for dismissal in 2024 and the latest changes in legislation

Legal assistance on entry, stay and legalization of foreigners in Ukraine
Legal assistance on entry, stay and legalization of foreigners in Ukraine
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In 2024, Ukraine has certain rules regarding dismissal of employees at the initiative of the employer. These rules are governed by the Labour Code of Ukraine (Labour Code) and other regulations. The procedure for dismissal of employees in Ukraine is described below.


Grounds for dismissing an employee


The main grounds for dismissing an employee at the initiative of the employer include:


- reduction of staff or reorganisation of the company;

- incompatibility of the employee with the position held;

- systematic failure to perform work duties;

- unauthorised absence from work;

- appearing at work in a drunken state;

- theft of employer's property.


In turn, the employer is obliged to follow a certain procedure.


Procedure for dismissing employees


According to Ukrainian law, when dismissing an employee, an employer must comply with the following rules:


- notify the employee of the impending dismissal within the timeframe established by law;

- obtain the consent of the trade union (if the employee is a member of the trade union);

- offer the employee another job at the company (in case of staff reduction);

- pay all amounts due to the employee upon dismissal.


For more information on how foreigners can get a job in Ukraine, please follow the link.




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Reasons for dismissing an employee in 2024: recent changes


On 27 September 2024, the Law of Ukraine 3768-IX came into force, which makes significant amendments to the country's labour legislation. The new provisions expand the powers of employers and establish additional grounds for dismissal of employees. Let's take a look at the key aspects of these changes.


Expansion of grounds for dismissal


Under the amended Article 40 of the Labour Code, employers have new grounds for termination of employment contracts, including


- сonviction of an employee for a crime against the national security of Ukraine (except in cases of release from serving a sentence with probation);

- failure to comply with the rules of conduct at the enterprise.


These changes apply to both open-ended and fixed-term employment contracts.


Introduction of rules of conduct at the enterprise


Тhe Law introduces a new concept - ‘rules of conduct at the enterprise’. Pursuant to Article 142 of the Labour Code, these rules may be included in the internal labour regulations and contain provisions on:


- obligations not to disclose restricted information;

- conditions of work with confidential information.


For companies of strategic importance and critical infrastructure, the establishment of such rules is mandatory.


New grounds for suspension from work


Article 46 of the Labour Code now allows for the suspension of employees in the event of an official inspection at state-owned facilities of strategic importance and critical infrastructure.


The role of trade unions


The Law requires the consent of the elected body of the primary trade union organisation to dismiss an employee for misconduct. However, this provision does not apply under martial law, except for the dismissal of employees elected to trade union bodies.


Peculiarities of martial law


Pursuant to Article 5(2) of the Law of Ukraine ‘On Organisation of Labour Relations under Martial Law’, the requirement for the consent of the trade union to dismiss does not apply during martial law, except in cases of dismissal of members of trade union bodies.


The new changes in the labour legislation of Ukraine reflect the state's desire to adapt labour relations to modern realities, in particular in the context of increased attention to national security issues. Experts recommend that both employers and employees carefully read the new provisions to avoid potential conflicts.


Sometimes it can be difficult for Ukrainians and foreigners to understand the employment procedure in Ukraine. For a better understanding of all the nuances, we advise you to contact a specialist. Visit Ukraine lawyers are ready to provide you with professional legal support in obtaining residence and work permits, as well as solving any other migration issues.


You can find out how to obtain a work permit for a foreigner in Ukraine and which of the country's guests do not need a permit by following the links.


Just to remind you. The issue of employment in Ukraine is quite common among foreigners, but finding a job is not the only part of the path you need to go through to stay in the country legally. To learn more about what is required to obtain a residence permit on the basis of employment in Ukraine, please follow the link.


Photo: Freepik


Want to know more? Read the latest news and useful materials about Ukraine and the world in the News section.




We recommend purchasing it for a safe and comfortable trip to Ukraine: 


Visit Ukraine Insurance – insurance covering military risks for entry and travel in Ukraine;

Visit Ukraine Car Insurance – car insurance with extended coverage in Ukraine;

Visit Ukraine Legal Advice – comprehensive legal support on entry to Ukraine;

Visit Ukraine Tickets – bus and train tickets to/from Ukraine;

Visit Ukraine Tours – the largest online database of tours to Ukraine for every taste;

Visit Ukraine Hotels – hotels for a comfortable stay in Ukraine;

Visit Ukraine Merch – patriotic clothing and accessories with worldwide delivery.




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Der Arbeitgeber kann einen Arbeitsvertrag mit einem Arbeitnehmer schneller kündigen, die Urlaubsbedingungen wurden geändert und die Kündigungsfristen wurden verkürzt. Es ist auch erlaubt, einen Arbeitsvertrag auszusetzen, wenn der Arbeitnehmer oder der Arbeitgeber seine Pflichten aufgrund des Krieges nicht erfüllen kann.

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