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Ukraine: The Concept of On-Call Work Is Introduced

On 10 August 2022, Law No. 2421-IX of Ukraine "On Amendments to Certain Laws of Ukraine on the Regulation of Certain Non-standard Forms of Employment", dated 18 July 2022 ("Law"), came into effect. The Law introduces the concept of on-call work and provides for other relevant changes to the Ukrainian labor law.

Key changes

  • The Law introduces the concept of on-call work ("employment with unfixed working hours"), which is new for Ukraine.
  • The number of employees hired on this condition may not exceed 10% of the total staff, and if the total number of employees is less than 10, only one such employee may be hired.
  • Salaries for on-call employees are to be paid for the time actually worked.
  • The minimum paid time should be 32 hours per month.
  • There is a maximum of work hours and days for on-call employees.
  • Employers may include additional grounds for terminating on-call employees in their employment agreements.
  • After 12 months of work, on-call employees may request to switch to fixed-term or regular full-time employment.
  • Employers that violate certain conditions of on-call employment may be subject to the following fines:
    • Hiring employees for on-call work but actually using them full-time may trigger a fine of 10 statutory minimum monthly salaries (approximately USD 1780) per employee.
    • Exceeding the permitted number of on-call employees or maintaining false records of an employee's working hours may result in a fine of three statutory minimum monthly salaries (approximately USD 535) per employee.

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