On 25 April 2024, Ukrainian Parliament adopted the Law of Ukraine “On Amendments to Certain Legislative Acts of Ukraine Regarding the Regulation of Labour of Domestic Workers”, which introduces regulation of labour relations with domestic workers. The Law supplements the Labour Code of Ukraine (the “Labour Code”) with a new Chapter "Labor of Domestic Workers".
In particular, the following provisions are introduced to the Labour Code:
- a domestic worker is defined as an individual who performs domestic work for a household within the framework of an employment relationship with an employer
- a household is a group of people who live together in one dwelling or part of it, provide themselves with all the necessities of life, run a common household, and fully or partially pool and spend their funds
- an employer is an individual who is a member of the household and with whom a domestic worker has entered into an employment agreement
The amendments clarify the legal status of domestic workers, essential terms of an employment agreement with them, and set forth additional rights, obligations and guarantees for domestic workers. For instance:
- the employer shall enter into a written employment agreement with the domestic worker and shall notify a local tax authority of the hire of the domestic worker
- the parties may skip creating usual employment-related paperwork and making entries in the employee’s employment record book
- social contributions are payable on a voluntary basis
- the employee may be provided with housing on a paid or free basis, however, the employer can not deduct housing costs from the salary
- the employee is prohibited from disclosing information about the household without the employer's consent
- domestic workers are subject to the provisions on working hours and rest periods provided for by labour law
- domestic workers independently keep records of their working hours in a form that is convenient for them and approve such records with the employer within the timeframes specified in the employment agreement
- an employment agreement concluded with a domestic worker may be terminated at the initiative of one of the parties with a 14-day notice, unless otherwise provided by the employment agreement.
The amendments come into force on 24 August 2024.
By Inesa Letych, Counsel, and Iryna Shaposhnikova, Associate, Asters
