Work in a new way. How to change the Labour code

Работа по-новому. Как изменят Трудовой кодекс

Yuri Kuzovoi from the employers ‘ Federation considers that it is not enough to adopt the Code — it should all run

The rights and obligations of employees and employers will be released in a new edition of the Labour code.

For the Metallurgist Yuri Palivoda black days began when his native Krivoy Rog turbine factory Constar year ago stopped in time to pay salaries, says Ksenia, Tsivirko at No. 11 in the magazine Reporter on March 25, 2016. According to him, 13 months the brass is finished with a small charity in 10-15% of monthly salary.

When in the beginning of the year the workers have not received this amount, palyvoda, with seven companions stopped to work. According to the estimates of krivorozh, the plant on average owed them from 30-40 thousand UAH per person.

In such a situation to seek justice employee still could only through the courts that determined for the employer the punishment up to the criminal. In practice, however, often goes otherwise suffer employees, which management in some way makes you work in vain.

“Young people afraid of what they will hand out “vouchers in the ATO”, and the three of us have fired for absenteeism, and without warning,” says Moscow.

To survive, he and his colleagues have to look for part-time work in a circle of acquaintances: who the plumber to fix it who the garden to dig up.

Right Palivoda and similar compatriots would defend the new Labour code, which the Verkhovna Rada is going to take in April.

The new Labour code would legalize the refusal of the employee to perform his duties, if he paid with a delay or not in full. In addition, delayed salary will be imposed penalty

He will legalize the refusal of the employee to perform his duties, if he paid with a delay or not in full. In addition, delayed salary will be imposed penalty.

A new set of laws not only re-defines the rights and duties of subjects of labour relations, but also raises social standards for the employees.

Salary for work at night and overtime hours increase, and the graph can be adjusted individually.

In addition, the reasons for refusal to accept a job, the employer will be required to formalize in writing that the candidate could use this document in court. If earlier it was impossible to fire only a single mother, we now propose to give this immunity and fathers.

But the main achievement of the new Labour code, according to experts, will be a clear definition of the employment relationship, the position of the employee and the employer, as well as the concepts of career growth.

The main idea of developers of amendments in the Labour code — to bring together scattered throughout the legislation documents regulating labour relations.

“This initiative came about in 2001, 15 years ago. The basic idea has not changed, just each political configuration in the Parliament looks different on study “poperednik”, — said Yuri kuhta, Director of the Department of social policy of the Federation of employers of Ukraine. But the main snag is that the debate between parts of society — trade unions, employers and authorities rarely leads to unanimity”.

April theses

Battery WESTA Industrial plant in Dnepropetrovsk went bankrupt at the end of 2014. By law, money received from the sale of the company and its assets, had to go on the payroll, but the funds were not enough to pay for the services of the company liquidator.

Vladimir Glushchenko, who worked at the plant as a Turner, says that it did not receive from the company a dime from September 2014 to March 2015, however, regularly went to work.

“The court held that the need to pay the insolvency practitioner, the liquidator of bankruptcy. But already in March 2016, and I still can’t get the money,” he says. According to the calculations of Turner, he was owed 15 thousand USD, but this amount is depreciated over the time jumps of the dollar financial exchange.

All this time Glushchenko regularly goes to work and performs his duties, explaining that enthusiasm difficult situation on the labour market.

“The average number of applicants per vacancy 60 people — people are afraid of losing their job because the new is quite difficult to find,” explains Yuri Kuzovoi, Director of the Department of social policy of the Federation of employers of Ukraine.

Workers today cannot rely on the protection of the law. The code of laws on labour in its present form, operates since 1972 and is long outdated morally

On the other hand, employees today can’t count on the protection of the law. The code of laws on labour in its present form, operates since 1972 and long out of date morally, experts say.

According to Kukhta, the current Soviet arch is paternalistic in nature — does the worker helpless and amorphous, suggesting that he was not interested in their rights.

“Departing from this shameful ideology, the new code needs to develop the ability of the parties to negotiate on equal positions,” — emphasizes the expert.

265 articles from the old code, the reformers changed the lion’s share — 235, and some have. However, this massive attack on the original act gave birth to many of his inconsistencies by-laws.

The working group, composed of representatives of the Ministry of social policy, Federation of trade unions and Federation of employers of Ukraine, considered just 1.690 amendments of deputies and prepares to present the final version of the code to an April second reading.

Its content significantly influenced the instructions of experts of European Union and the International labour organization. With their submission, the duration of annual leave will increase to four days and would be 28 days.

Following the example of European countries with a hot climate Ukrainian lawmakers offer to formally introduce the Siesta — break work in the heat of the day for those employees who have to work in hot conditions.

Vladimir Tsybulsky, Director General of the company GFR Ukraine (Lutsk bearing plant) sees this initiative as a populist nonsense.

“In conditions of deep economic crisis, the increase in leave will contribute to the reduction of production volume, he explains his position. — Moreover, there are other countries to which you can navigate. In the US for the employee’s leave is 10 days, while in Japan 18 days, and use no larger than 12”.

According to him, the first cost would unreasonably reduce the many festive days of the year, and then to lengthen the vacation.

However, the new code prepares another bonus to the staff — under the forty-hour work week employee will now be able, with the consent of the employer to create their own work schedules.

The law will introduce the concept of “work at home”, and be paid for remote work will be the same as the office, which, however, has long been a de facto reality in many companies. The employer can control not office visits, and delivery in time.

Accurate terminology and interpretation of labor relations, which, in the opinion of experts, lacked the old code, but not yet a dignity and a new

In General, a clear terminology and interpretation of labor relations, which, in the opinion of experts, lacked the old code, but has not yet become the dignity and new.

“For example, one article I have no right to allow night work of pregnant women and women with children up to three years. And another article says that I can do it with the employee’s consent — gives the example Chusovoi. In the end I can still be accused by the inspector.”

Check out businesses and offices for implementation of civil service code would be on labour, which in 2015 merged into the state inspection on labour, the Gospromnadzor and public health services.

“The inspector should have the right to enter the company at any time and without notice. And now it has a lot of restrictions for the performance of its powers”, — says Sergey Ukrainets, Deputy Chairman of the Federation of trade unions of Ukraine.

Contract cheaper money

Alexander Okhrimenko, President, Ukrainian analytical center, calls the new draft Labour code “light painting the old buildings.” “All the articles are declarative in nature, and proper control over their observance is not provided,” — he explained.

According to the state Service for labour, in Ukraine a total of 13 million working population, and about 4-4,5 million of them work without official employment

Changing the code will not be able to overcome the main problem of the labour market — its vast illegal sector. According to the state Service for labour, in Ukraine a total of 13 million working population, and about 4-4,5 million of them work without official employment.

In 2014, the penalty for the detection of undeclared labour rose from 2 thousand to 30 thousand UAH, but the statistics after the legality of this has not changed.

“Because of this situation every year 200 billion USD paid by cash, and in the budget misses 22% of the single tax”, — says the Ukrainian.

The shadow labour market exists largely due to the situation, when between the employer and the worker are not employment and civil legal relationships, which legally defines the maximum contract

The shadow labour market exists largely due to the situation, when between the employer and the worker are not employment and civil legal relationships, which legally defines the maximum contract — one provides services and the second pays for them.

“Such agreements do not establish the employer’s liability, warranty, employee, and labor law can protect the parties in court — said the lawyer of the Kyiv Hope Bordunova. In civil relationships the parties are equal, without obligations and rights”.

In the Ministry consider that the transition from civil law to the employment relationship will contribute to the increase in the volume of officially employed persons. Employers will need to have employment records, and workers will assume more stringent responsibilities.

But you can also expect a reverse effect, says Bordunova. “Since the salary is exempt from many taxes employers it will be unprofitable,” she suggests.

Not find support from employers and the proposal of the Ministry of social policy about the Siesta. “Not only is Ukraine a tradition alien to and difficulties with the break, the heat can not be avoided — explains Cybulski. — Imagine if in the midst of a busy day to make a three-hour break from work. You will need to stop all the equipment, and then to start again and undertake costly adjustment”.

However, even if this break and will appear, the duration of the working day is reduced, and at work have to stay longer. In addition, the law stated and the parameters that will be set break.

Enough ambiguity in the provisions of the law that will govern the relationship with little-protected groups of workers. For example, to dismiss a woman with a child up to three years will be possible only after liquidation of the enterprise.

On the one hand, may lead, according to Borgonovo, rachelaziani employees and unscrupulous performance of their duties. And employers will be able, as before, to insure themselves against this norm by recruiting pregnant with two statements. About job application and the voluntary resignation with a blank date.

“The beauty of the law is not in rigidity, and that the written rule must be obeyed by all”, — said Chusovoi.

In addition to correcting inconsistencies in the code that the authors have to make up the consideration in the Parliament, should be amended to other sources of law.

For example, according to the draft code, when applying for a job to make collective agreement will not necessarily, while, according to article 64 of the Commercial code of Ukraine, large enterprises entering the contract.

Domestic unions are far from European, to expect them to have proper control over let and is ideally drawn up by the law should not

It is a kind of protection that unions provide to the employee. However, according to Okhrimenko, national trade unions are far from European, to expect them to have proper control over albeit perfectly prepared, the law is not worth it.

In order for the trade unions qualitatively earned, they must be outside of the enterprises and to operate independently, he said. And in the trade Union assistance people will need still.

The superior and subordinate will be much less able to negotiate the increase of leave or change of schedule, says about the cons of the project Chusovoi.

“I don’t think the code will seriously affect the situation [labour market], he believes. According to the old law, i.e. jurisprudence, but on the new it will have to develop for dozens of years. We still need to expand the normative base, which will serve the code.”

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This material is published in No. 11 of the magazine Reporter on March 25, 2016. Reprinting of publications of magazine Correspondent in full is prohibited. With the rules of use magazine Reporter, published on the website Корреспондент.net can be found here.

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