The Labor Code will be changed in Ukraine: new rules for dismissals

A new bill has been introduced in Ukraine, aimed at increasing the protection of employees in cases of threat of dismissal. The bill, numbered 13380, proposes amendments to the Labor Code of Ukraine to improve existing norms, which, according to the authors, are often incorrectly implemented by employers.

The document proposes to supplement Article 49-2 of the Code with new provisions. One of the most important innovations is the requirement to inform employees about open vacancies during the period between the notice of dismissal and the actual date of dismissal. This rule will remain in force even if the employee independently agrees to a reduction in the notice period, which is aimed at ensuring real opportunities for employment of the employees above, by their qualifications.

The bill also provides for clarification of the reasons for dismissal, in particular in cases of systematic improper performance of labor duties without good reason. In such situations, the employer will have the right to dismiss the employee only after applying appropriate disciplinary measures to eliminate legal gaps.

Currently, the legislation already obliges employers to warn employees about dismissal at least two months in advance, take into account the preferential right to retain the position, and offer other vacancies. However, practice shows that these requirements are often ignored. The proposed changes should become an additional mechanism to protect employees from unfair dismissals.

If the bill is adopted, the new rules will come into force the day after their official publication, which will allow employees to receive new guarantees soon.

Currently, the dismissal of employees is regulated by the norms of the Labor Code. An employee can be dismissed for objective reasons, such as staff reduction or incompatibility with the position, based on the results of the certification. In this case, the employer must comply with the procedural conditions: issue an order, timely notify the employee, make a final calculation, and pay compensation for unused vacation days.

In conditions of martial law, specific rules have been established related to dismissal, for example, the possibility of dismissal during temporary incapacity for work or vacation, except in cases related to pregnancy and childbirth. These rules are designed to ensure a balance between the interests of business and the rights of employees in a difficult period for the country.