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Passing of a draftlaw shall expand the list of persons for whom probation period when they are hired for work will not be established


Leonid Gilevich, lawyer at Ilyashev & Partners Law Firm
Source: the Yurydychna Praktyka

Гилевич Леонид Александрович

Recently the Ukrainian Parliament passed the Draftlaw No. 1639 “On introduction of amendments to the Labor Code of Ukraine (regarding a probation period upon entry into employment)” in the first reading. According to the Draftlaw probation period shall also not be established for: candidates who succeeded to win the competitive selection in the process of filling a vacant position; persons who served internship when hired for work when they are temporarily released from their principal place of employment; pregnant women and employees with family obligations who have children under 3 years old; employees fulfilling their obligations under the term labor contract.

Legal weekly professional newspaper Yurydychna Praktyka asked the legal specialists in this field about how this provision will protect employees at the current labor market. Leonid Gilevich, a lawyer at Ilyashev & Partners Law Firm, provided the following comments regarding the topic:

 “Passing of a draftlaw shall expand the list of persons for whom probation period when they are hired for work will not be established (and correspondingly establish additional guarantees for certain categories of employees).

The Draftlaw has wiped out illogical absence of such ground for dismissal as “poor work results demonstrated in the course of the probation period” among the grounds for dismissal of an employee stipulated by the special articles of the Labor Code of Ukraine on termination of a labor agreement (regardless of the fact that the possibility of such dismissal is stipulated by Article 28, strictly speaking, it is not listed among reasons for dismissal in the special relevant Article 36”).

In addition clarified was the procedure of termination of a labor agreement as a result of negative results of the probation period (in particular, it will be requisite to provide a 3-day notice to an employee). Taking the mentioned into consideration the passing of the draftlaw bears a positive effect. At the same time it needs to be kept in mind that pursuant to Article 22 of the Labor Code of Ukraine it is forbidden to grant an unreasonable refusal of employment”.

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