The List of Persons Hired without Probation Period Extended and Possible Dismissal Grounds Added Up

On 17 May, the Verkhovna Rada of Ukraine passed the Law “On Amending the Labour Code of Ukraine (Regarding Probation Period in Hiring for Work)” (draft law No. 1639).

The Law has materially extended the list of persons eligible to be hired for work without any probation period. Specifically, the following persons have been included in the category:

  • persons elected for the position;
  • winners of competitive selection for vacant positions;
  • persons who have completed a full-time internship when hired for work;
  • pregnant women;
  • single mothers having a child under 14 years old or a disabled child;
  • persons with whom a fixed-term employment contract is entered into for up to 12 months;
  • persons hired for temporary and seasonal works;
  • internally displaced persons.

Days when the employee does not actually work, for whatever reason, will not count towards the probation period.

In addition, Article 40 of the Labour Code of Ukraine “Employment Termination Initiated by the Owner or the Owner’s Authorized Body” has been added by clause 11, allowing to dismiss the employee during the probation period if he or she is found unsuitable for the position held or the job performed. In this case, the respective notice may be given to such employee just 3 days before the actual dismissal and always in a written form.

The Law has not been yet signed by the President, therefore, its effective date is so far unknown.

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