A few hours after the release of the first part of our analysis of the draft Labor code, this project was published in the Telegram-channel people’s Deputy from the party “servant of the people,” Alexander Dubinsky with reference to the channel “the Dark knight”. In addition to the actual project was published analytical note to it. The author (presumably an employee of the Ministry of social policy) drew attention to a number of violations of the Constitution and international obligations of Ukraine in the project of labor reform. What else awaits us in addition to groundless dismissals and contracts with no guarantee of work?
Work without end
Although formally the project and establishes a 40-hour normal work week, it is in fact not required. If today is more than this norm, you can only work 120 hours a year, the project “milovanovich” of the Labour code, such a limitation does not provide. That is, you can work as many… employer. The fee for overtime is reduced by 80% – with double the size to 20% (article 71 of the draft).
Short-term contracts – all!
Employers may be able to translate into short-term contracts all employees – supposedly with their consent (paragraph 14 of part 3 of article 18 of the draft). In practice, if desired, the employer may sign a labor contract only for a certain period, automatically continue after renegotiation will not occur, as is the case today.
Such changes violate the provisions of part 3 of article 2 and article 4 of the Convention International labour organization Convention 158, which prohibits arbitrary dismissals, and the use of fixed-term contracts as measures to bypass such a ban.
Foreign employer foreign court
Today, in order to hire employees in Ukraine, foreign companies need to create a company-resident of Ukraine. Article 12 of the draft relieves non-residents from such need. International corporations or foreign individuals will be able to hire Ukrainian employees to perform work in Ukraine directly.
This will lead to the actual impossibility to defend any employment law dispute with a foreign owner – the employment agreement may submit disputes to the foreign court. But even if the dispute will be resolved in the Ukrainian court a foreign defendant in accordance with the international acts need to be notified of each meeting not less than six months, making it impossible to consider the labour dispute within a reasonable time.
It is possible that local employers will use the loophole to walk away from any litigation, signing contracts with employees directly and through his company, registered in an offshore jurisdiction.
To court for the money not immediately
Such limitation of access to justice the authors of the project was not enough, and they decided to avail one of the lobby groups – to impose on workers the mediation. Only after the pre-trial dispute settlement with participation of mediator paid the employee is entitled to go to court without paying court fees (article 87 of the draft). For comparison, currently employees are exempt from paying court fees in cases of reinstatement and recovery of wages. By the way, to recover the arrears of wages will be possible only in the course of the year, but not without limitation any term as it is now.
Contract with many unknowns
At the mercy of agreement between the parties, and since in most cases the workers are the weaker party to the contract at the mercy of the employer transferred the following issues: the duration of interruptions, the terms of engagement of the weekend, the terms of the leave cases the granting of leave without pay, the introduction of collective liability.
If such conditions (e.g. interruptions) are not included in the employment agreement, then such rights, the employees simply will not. The employer may provide in the contract conditions, worsening the position of the employee, including additional grounds for suspension from work without pay.
Miners and metallurgists without leave
Article 54 of the draft actually cancel holiday for work with harmful and heavy working conditions, as well as for special nature of work, which are now provided for by article 76 of the Labor code.
The abolition of the basic obligations of Ukraine in the sphere of labor
The draft Labour code prepared by the office of Timofey Milovanov, provides for the repeal of all acts in the field of labor of the USSR and the Ukrainian SSR. And it is primarily the instruments of ratification (recognition of commitment) most conventions of the International labour organization. Ukraine may lose power more than 40 ILO conventions, including 6 basic, including the right to form trade unions, collective bargaining, equal pay for women and men.
Today Ukraine is also a party to the Convention of the International labour organization No. 29 “Concerning forced or compulsory labour”, which prohibits the transfer of prisoners at the disposal of private firms. Since this Convention was ratified by Ukraine in 1956 and the draft code provides for the abolition of all acts of the Soviet period in employment, the act of ratification is planned to cancel, and therefore the ban will lose its strength.
Instead, a provision of article 7 of the draft, which, however, contains no prohibition against the use of prison labor by private individuals. As a result, we can expect not only to replace the number of productions freelance work is hard labor, but the emergence of private prisons in the United States.
The emergence of such a project can attest to the fact that the representatives of the current government has embarked on economic growth through increased exploitation of the workforce: increase in working time with the simultaneous creation of onerous conditions of contracts without the real possibility of judicial protection. While increasing outflows of workers abroad will be offset by a further reduction in rest time, and perhaps also the increased use of forced labour and the recruitment of foreign labour.
Obviously, for economic breakthrough needed to stop the outflow of qualified economically active population, which would be facilitated by the extension of the labor warranty, and not their abolition.