Ukraine: The concept of on-call work is introduced

11/ 08/ 2022

Listen to online Stop   On 10 August 2022, Law No. 2421-IX of Ukraine On Amendments to Certain Laws of Ukraine on the Regulation of Certain Non-standard Forms of Employment, dated 18 July 2022 (Law), came into effect. The Law introduces the concept of on-call work and provides for other relevant changes to the Ukrainian labor law. Key changes The Law introduces the concept of on-call work (employment with unfixed working hours), which is new for Ukraine. The number of employees hired on this condition may not exceed 10% of the total staff, and if the total number of employees is less than 10, only one such employee may be hired. Salaries for on-call employees are to be paid for the time actually worked. The minimum paid time should be 32 hours per month. There is a maximum of work hours and days for on-call employees. Employers may include additional grounds for terminating on-call employees in their employment agreements. After 12 months of work, on-call employees may request to switch to fixed-term or regular full-time employment. Employers that violate certain conditions of on-call employment may be subject to the following fines: - Hiring employees for on-call work but actually using them full-time may trigger a fine of 10 statutory minimum monthly salaries (approximately USD 1780) per employee. - Exceeding the permitted number of on-call employees or maintaining false records of an employees working hours may result in a fine of three statutory minimum monthly salaries (approximately USD 535) per employee. Contacts: Lina Nemchenko Partner Baker McKenzie   Mariana Marchuk Counsel Baker McKenzie

On 10 August 2022, Law No. 2421-IX of Ukraine “On Amendments to Certain Laws of Ukraine on the Regulation of Certain Non-standard Forms of Employment”, dated 18 July 2022 (“Law“), came into effect. The Law introduces the concept of on-call work and provides for other relevant changes to the Ukrainian labor law.

Key changes

• The Law introduces the concept of on-call work (“employment with unfixed working hours”), which is new for Ukraine.
• The number of employees hired on this condition may not exceed 10% of the total staff, and if the total number of employees is less than 10, only one such employee may be hired.
• Salaries for on-call employees are to be paid for the time actually worked.
• The minimum paid time should be 32 hours per month.
• There is a maximum of work hours and days for on-call employees.
• Employers may include additional grounds for terminating on-call employees in their employment agreements.
• After 12 months of work, on-call employees may request to switch to fixed-term or regular full-time employment.
• Employers that violate certain conditions of on-call employment may be subject to the following fines:

– Hiring employees for on-call work but actually using them full-time may trigger a fine of 10 statutory minimum monthly salaries (approximately USD 1780) per employee.

– Exceeding the permitted number of on-call employees or maintaining false records of an employee’s working hours may result in a fine of three statutory minimum monthly salaries (approximately USD 535) per employee.

Contacts: