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
