On 27 September 2024, the Law of Ukraine "On Amendments to the Labor Code of Ukraine on Establishing Additional Grounds for Termination of Employment Agreements at the Initiative of the Employer and Certain Other Issues" No. 3768-IX dated 4 June 2024 ("Law") (with certain exceptions) will come into force.
The Law, among other things, details the rules applicable to internal labor regulations ("Employee Handbook") and establishes new termination grounds.
Key changes
- The Employee Handbook may include, among other things, rules on (a) employees' nondisclosure obligations and (b) the terms of work with confidential information ("Information Rules").
- The Information Rules are obligatory for companies of strategic importance for the economy and security of the state and/or objects or operators of critical infrastructure.
- A new termination ground at the employer's initiative due to the employee's failure to comply with the Information Rules has been introduced.
Recommendations
We recommend that employers in Ukraine take the abovementioned legislative changes into account in their business activities and supplement the Employee Handbook with the Information Rules to protect the company's confidential information and to be able to rely on the new termination ground.
By Lina Nemchenko, Partner, Mariana Marchuk, Counsel, and Anna Stepanowa, Associate, Baker Mckenzie
