On 11 December 2022, Law No.2759-IX of Ukraine "On Amendments to Certain Legislative Acts of Ukraine on Preventing and Countering Mobbing (Hostile Environment)" dated 16 November 2022 (Law) came into effect. Among other things, the Law: (i) provides the definition of "mobbing"; (ii) introduces new grounds for dismissal of employees in connection with mobbing; and (iii) guarantees compensation of moral damages for employees who have suffered from mobbing.
Key changes
- The Law establishes liability for "mobbing (hostile environment)" for both the employer and/or employees.
- An employee may require termination of his/her employment on a date chosen by the employee (i.e., without notice) on the ground that the employee was subject to mobbing and/or the employer has not taken measures to stop it.
- New dismissal ground: employers may dismiss employees for committing mobbing.
- The Law requires payment of the severance of at least three months' average salary of the employee resigning in connection with mobbing (hostile environment).
- New obligations for employers have been introduced. From now on, the employer is responsible (i) for counteracting mobbing and (ii) for ensuring the safety and protection of the physical and mental health of employees. The employer should arrange relevant trainings and implement organizational measures.
- In case of damage to the employee's health caused by mobbing, the employee must be reimbursed in full for the relevant treatment costs.
- The employer is obliged to compensate the employee for moral damages if violations of the employee's rights (as a result of discrimination or mobbing) has led to their moral suffering and affected their normal life.
We recommend that employers promptly implement the steps and actions required by the Law into their business activities.
By Lina Nemchenko, Partner, Mariana Marchuk, Counsel, Baker McKenzie
