The Ministry of social policy of Ukraine has reminded about employees guarantees while concluding labor agreement

/11
April 2013

 

The Ministry of social policy of Ukraine (hereinafter – the Ministry) in the Letter dated 02/28/2013 N 292/021/106-13 has explained some issues of the labor agreements conclusion.

 The Ministry determined that, in accordance with the Labor code of Ukraine (hereinafter – the Code), employees implement their labor rights by signing the labor contracts. At the same time, article 22 of the Code provides special labor guarantees while concluding, changing and terminating such contracts and prescribes that groundless employment rejection is prohibited. In particular, groundless rejection can be consider as any kind of direct restriction or benefits while entering labor contract with regards to social or property status, nationality, language, sex, political or religious opinions, participation in labor union or other  social associations, hobbies and domicile.

Besides, third part of article 22 says that the requirements concerning age, study level, health can be prescribed by Ukrainian legislature.

Thus, as a sample, some mandatory requirements for employees are prescribed:

·         Article 24 of the Code prohibits  to conclude the labor contract with a person to whom the suggested job is against medical advice for health reason;

·         Article 12 of the Law of Ukraine ‘’On state service’’ prescribes some limitations on employment in state authorities;

Special requirements for employment with respect to education and qualification requirements (Article 74 of the Fundamentals of Legislation on health care, Article 64 of the Law of Ukraine "On the Judicial System and Status of Judges", Article 3 of the Law of Ukraine "On Notary" and etc.).