Ukraine: New rules for the probation of employees


On 12 June 2016, amendments to the Labour Code of Ukraine regulating the probation of employees became effective.The main changes introduced to the probation procedure are as follows:

- List of employees who cannot be put on probation is extended to include, among others:

• persons elected to occupy public positions;
• winners of the competitive selection for vacant positions;
• persons hired post internship;
• pregnant women;
• single mothers to children under 14 years of age or disabled children;
• persons hired on the basis of a fixed-term employment contract for up to 12 months;
• persons hired for temporary and seasonal work; and
• persons relocated from ATO zone.

- Days during which an employee does not work (for example as a result of sick leave) are not included in his/her probation period, irrespective of the reasons;

- If an employee on probation does not fit the job, his/her employer can dismiss him/her upon giving 3 days written notice.The duration of probation remains unchanged (generally, three months).

Generally, the adopted changes aim to achieve the furthering protection of employees rights versus the rights of their employers.We recommend that you consider the aforementioned changes during your hire and dismissal process.

The Law: Law of Ukraine “On Amendments to the Labour Code of Ukraine regarding Probation Period” No. 1367-VIII dated 17 May 2016.