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New Grounds for Termination of Employment and Suspension of Employees

Ukraine
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On 25 April 2024, Ukrainian Parliament adopted the Law of Ukraine “On Amendments to the Labour Code of Ukraine on Establishing Additional Grounds for Termination of Employment Agreement at the Initiative of the Employer and Certain Other Issues” (the “Law”), which is aimed at strengthening the protection of Ukraine's national security.

On 4 June 2024, the Law was revised and re-adopted considering the proposals of the President of Ukraine. In particular, the provision on the mandatory notification of the employer about the existing ties of the employee with individuals located on the territory of the aggressor state or the temporarily occupied territory of Ukraine was excluded.

New grounds for dismissal. According to the Law, an employer may terminate an employment agreement on the following grounds:

  • conviction of an employee for committing a crime against the national security of Ukraine (except for exemption from serving a sentence with probation)
  • non-compliance by the employee with the rules that oblige employees not to disclose information with limited access (state, commercial secrets) and establish conditions for working with confidential information

The rules of conduct are a part of the internal labour regulations and, their adoption becomes mandatory for entities of strategic importance for the economy and security of the state and critical infrastructure facilities or operators.

New grounds for suspension from work. Commencement of an official investigation by an employer listed as state-owned object of strategic importance for the economy and security of the state or critical infrastructure facility may serve as a ground for suspension of an employee.

The changes come into force on 27 September 2024.

By Inesa Letych, Сounsel, Asters

Ukraine Knowledge Partner

AVELLUM is a leading Ukrainian full service law firm with a key focus on Finance, Corporate, Dispute Resolution, Tax, and Antitrust.

Our aim is to be the firm of choice for large businesses and financial institutions in respect of their most important and challenging transactions.

We build lasting relationships with our clients and make them feel secure in new uncertain economic and legal realities.

We incorporate the most advanced Western legal techniques and practices into our work. By adding our first-hand knowledge, broad industry experience, and unparalleled level of service we deliver the best results to our clients in their business endeavours. Our partners are taking an active role in every transaction and ensure smooth teamwork.

AVELLUM is recognised as one of the leading law firms in Ukraine by various international and Ukrainian legal editions (Chambers, The Legal500, IFLR1000, The Ukrainian Law Firms, and others).

Firm's website: www.avellum.com

 

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