To dismiss and to resign may become easier. In the case of amendments to the Labor code (Labor code) the employer, it does not need anything except the desire, and the staff will be able to work for two weeks.
Exposure draft of the bill published on his page in Facebook the Minister of economic development, trade and agriculture of Ukraine Tymofiy mylovanov.
What will be dismissed and in some cases you have to pay money for it at OBOZREVATEL
- If the employee wants to quit – he just needs to report it for two weeks (you can even e-mail);
- The refusal to dismiss will be considered a violation of the Labor code;
- If the employer violates an employment contract, the employee can quit anytime and receive compensation amounting to 50 average salaries;
- Fire too can be no reason – to warn in advance, and in case, if you do it urgently, have to pay compensation;
- If an employee 180 days more than two times have violated the employment contract, it can be fired without warning.
To quit will be easier: testing is not needed, the application can be send to elektronku
Now the employee can quit on their own initiative at any time, we only need to notify the employer two weeks. In fact, this process will replace the two-week testing. However, this time may be adjustments that should be celebrated in the employment contract:
- the list of valid reasons for which he may be dismissed without such notice;
- other terms of the prevention of dismissal (the employer may reduce or, conversely, to increase this period)
In this case, if the employer refuses to sign the statement of the employee, it would violate labor laws in a rude manner. In addition, the employer may not use harassment to force the employee to write a statement “on their own”. By the way, to warn of intention to resign can now be not only in writing but also by e-mail, if it’s written in the employment contract.
If the employer has violated the terms of the employment contract, the quit will be easier. In this case, the employee may write a statement on any date that is convenient to him and to specify the facts of violations by the employer. If he refused to sign the statement, the employee can terminate the employment contract unilaterally – for this it is enough to send the employer a letter stating that he gave the statement.
By the way, if the employer did sign this statement, you will be obliged to pay the compensation prescribed in the employment contract but not less than 50 average daily wage.
Fire will also become easier: without explanation, but with compensation
Now the employer can fire an employee at will and without explanation, but warn about it must in advance:
- for 15 days, if the person works less than six months;
- for 30 days if from six months to five years;
- 60 days, if from five to ten years;
- 90 days if more than ten years.
Also, the employee and the employer may agree to shorten these terms, but for the money – every day reduction will cost one average salary. But there is a caveat – the supervisor may on its own initiative to reduce this period, but will have to pay twice. That is, if you work 5 years and you said that tomorrow you are fired, you are required to pay the salaries of 120 days.
By the way, if the employee refuses to sign an additional agreement in order to break the employment contract in such way it can be fired unilaterally – simply notify by letter. Of course, after this can be challenged in court.
Also, the employer can dismiss the employee without notice if the one in the last 180 days violated the labor agreement more than two times. Same thing here: the refusal to sign it just notifies of resignation, and then it can go to court.
The draft Labour code States – a discrepancy officer position is not a violation of the employment contract. That is, for dismissal “under article” looking for clear violations. In other cases only one way – advance warning or compensation.
Changes useful but belated
In General, experts positively respond about the initiative, published Milovanov. However, there are comments: the first issue is long overripe, and the second – while it’s only posts to Facebook, not a legislative act. However, the fact that there stated, should positively influence the business climate in the country, said the chief expert of the Council of entrepreneurs under the Cabinet of Ministers Andrei Zablovsky.
“But until the situation is so that more benefits to employees. For example, an optional two-week testing. […] But in order to protect the employment relationship that are offered are definitely a plus. Well, and the liberalization of labour legislation – the requirement of the business for a long time. Because the current relationship is a serious barrier to the qualitative improvement of the business climate and to attract foreign investment,” said Zablovsky in the comments OBOZREVATEL.
HR-expert website rabota.ua Tatyana Pashkina told OBOZREVATEL that, in General, too, for these changes, but wants to see their system. Now, in her opinion, “to shed the Christmas tree hung with toys.” She also believes that the Labour code is necessary to register so that compliance was easy and cheap, and the violation is complex and expensive.
“The programmers called it “foolproof”. If these updates will prescribe what is right to do – fast, cheap, beautiful and elegant, and wrong – it’s a chore, long and punishable, then it would be good. While I can see that there is some relief, but a special “protection against the fool” I did not see” – said the expert.