Workers can be fired for “loss of confidence”

Ukrainians are preparing another innovation on employment law, which provide for a serious crackdown of employees.

Работников смогут увольнять за "утрату доверия"

From the text of the draft, the 8-hour day will remain only as a guide. Employers will be able to load staff overtime work. That is, according to experts, in fact, after the adoption of this code, enterprises will be able to set and 12-hour work day writes the Country.

Also the company can lay off workers, terminated the contracts prematurely. Moreover, the dismissal risk even such protected categories as, for example, pregnant women and mothers on maternity leave. One of the reasons for layoffs may become too frequent illnesses of the employee. The law on trade unions proposes to cancel. That is, to coordinate mass layoffs with the unions in the case of the adoption of the draft is not required.

But the other day in Parliament, a new bill on labor. Project No. 2584 registered the head of the profile Committee on social policy Galina Tretyakov.

The document is narrower than the “code Milovanova”. It provides for the amendments in existing labour laws only to the extent of the layoffs.

The new draft stipulates additional grounds for dismissal. This, in particular:

  • the change of the owner (in this case, can dismiss the head of the company and his deputies and chief accountant)
  • the loss of confidence of the owner to the employee. In this case, the employer can prematurely terminate the employment contract. But he is obliged to inform the employee about the termination not less than 15 days, if he worked at the plant for up to 6 months, 30 days, if the experience of the person for more than 6 months and 60-90 days if the employee worked for 5-10 years.

But these periods can be broken. The employer want to allow to put people out the door even in the day when he will “lose credibility”. However, have to pay double rate of daily earnings for each day reduction period “warning.” But if the employee does not agree to leave immediately with monetary compensation, then it can be dismissed without the consent of, but pay will have four rates of daily earnings for each day.

That is, if the company want to dismiss an employee with a salary of UAH 10 thousand, worked at this place less than six months, but will need to pay him from 7,5 thousand hryvnias or to endure it for another two weeks.

“Interestingly, the draft does not stipulate what is meant by “loss of confidence” of the employer, and therefore it can be interpreted as anything, — said the head of Department of legal protection of the trade Union Federation Dmitry Lyakh. That is, may lay off as in the case of, say, the failure of the contract, and in mood, or because of personal animosity. Dmitry Lyakh predicts that, if the project is accepted, the dismissal with the phrase “loss of confidence” will be perhaps the most common in Ukraine.”

It will be possible to dismiss pregnant women or those on maternity leave, but only if the reason for the dismissal is not connected with the birth of a child. To prove the absence of such causal relationships needs the employer. There are, obviously, quite useful to the point about “loss of confidence”.

“In such cases should at least be monetary compensation. But in nothing is written”, — says Dmitry Lyakh.

Also, the project indicated that if the employee refuse to sign a supplementary agreement stating that you agree to dismissal for the reasons listed above and others that are in the Labor code, the contract can break immediately — only on the basis of his disagreement.

Project No. 2584 proposes to remove from the current legislation trudovogo norm of neobhodimosti approvals of layoffs with the unions.

Also of the Labor code I want to delete the clause on mandatory employment of pregnant women and women with children up to three years in case of reorganization or liquidation or in case of termination of their employment contract.

In the explanatory note to the draft stated that it was developed “with the aim of attracting investment into the country”.

“No investor will invest without confidence in their security, which in turn is associated with providing him opportunities to control and influence the Manager of the company, the shareholder or the owner of which he is”, — stated in the explanatory Memorandum.

The authors of the project believe that its adoption will allow Ukraine to move forward in the World Bank rating Doing Business.

However, as says the head of the law firm “Kravets and partners” Rostislav Kravets, the proposed rules clearly violate the constitutional rights of Ukrainians to work. In addition, such “simplified” layoffs can lead to the opposite effect, when employees lose confidence in the employer and will be more likely to pretend to work than to work for the benefit of the company.