12-hour day and “fast” dismissal even for pregnant women. As Goncharuk rewrite the labour code

12-часовой рабочий день и "быстрые" увольнения даже для беременных. Как у Гончарука переписывают трудовой кодекс

Photo: happymigration.com.Ukrainians forced to work in new ways.
As it became known “the Country”, the government hastily put a new version of the Labour code, which can be brought to Cabinet this week, after which it will submit to Parliament. Further, the document allegedly planned to take under the accelerated procedure (especially for this he was even reduced, leaving more than 130 articles 99, as required by the regulations).

While the bill itself yet few people have seen – it’s not on the website of the Ministry (which supposedly is the developer), nor on the website of the Ministry of social policy.

“Although such projects should undergo public discussion, which usually lasts a month, but in a good – and even relevant expertise”, – says the head of the law firm “Kravets and partners” Rostislav Kravets.

“The country” managed to find the text of the bill. And after reading it becomes clear – the turbo mode and strict privacy of power included not in vain. Through Parliament expect to hold a number of controversial provisions that are unlikely to appeal to the public.

For example, the plan to cut sick leave and revise the leave, begging dismissal of people, including employees of privileged categories – pregnant women and mothers on maternity leave, professionals pre-retirement and retirement age, the disabled and others In new labour reality from the head of the Ministry of Timofey Milovanov, who is the chief ideologue of the project, there was no place, also to the unions.

“In fact, Ukrainians offer labor slavery. The current Labour code and in practice often not met. But it is for the citizens of some straw, which in a difficult situation can get a grip. Now take it” – the analyst of Institute Grouford Alex Kush.

At the same time, Executive Vice-President of the Confederation of trade unions Alexey Miroshnichenko considers that the current Labor code “too social” and even “socialist”. And it supposedly connects the business owner, allowing you to develop. Strict Ukrainian labor laws, according to him, discourages foreign investors. However, Miroshnichenko admitted with them in the development of the controversial bill the government is not consulted. It is not excluded that he had consulted with “foreign investors”, which are going to involve a narrowing of the rights of employees.

“Country” understood, what are the new conditions of labour authorities are preparing to Ukrainians.

Working intrigue

The idea to rewrite the Labor code ze have occurred long ago. Back in September, the head of the profile Committee on social issues Galina Tretyakov gathered an expert group to work on a new version of TK. The main message – the existing Labour code, which was written in the Soviet era (it dates from the 70-ies of the last century), significantly outdated and no longer reflect the real labor relations.

Actually it is not so, because in recent years to the Code of labour laws were made hundreds of edits.

However, in a modernization of TK, certainly needs. For example, there is no prescribed conditions for freelancers, contracts, concepts such as outsourcing of resources, etc.

But in addition to the “updates” from ze planned to “simplify” a number of rules. For example, there were ideas on the reduction of sick leave and at their own expense, which immediately alerted the public. Although the text of the new TK Tretyakova never showed.

“I was at a round table according to the Labour code in September, in Odessa. There talked about the fact that, say, the employer is difficult to fire staff, offered to reduce benefits for the employees and “forget” about the trade unions in regulating labor relations”, – said “the Country” the lawyer Rostislav Kravets, who is also the head of the Union of lawyers.

Later on the need to thoroughly rewrite the Code of laws on labour said the Prime Minister Alexey Goncharuk, who was outraged by the fact that in Ukraine it is easier to divorce than to dismiss the hired worker.

But submit your version of TK to Parliament, the relevant Committee did not have time. In the Wake of rumors about the impending “crackdown” for Ukrainians, the opposition factions launched a preemptive strike – were registered two alternative draft law No. 2410 2410-1 and that is largely similar (they filed opzz and “Fatherland”), and lobbying for the preservation of the system of protection of workers ‘ rights.

So now make the project Tretyakova without consideration of alternative bills simply unrealistic. But it is at least the delay time.

So, obviously, ze decided to go the roundabout way and to push a new bill through the relevant Committee and through government, and as away from alternative variants of the labour code (in particular, the name, it’s called “On labor”).

“Last week a wild pace evolved the backstage float Zelensky of the government for the introduction of slavery in Ukraine. Urgently, as directed by Zelensky, one Milovanov puts the task of their sixes to write the text of the new Labour Code (sounds like the draft of the labour law). Six Milovanova is slip them in the IMF of the text. This text Milovanov sends Minsoc demanding (on behalf of the President) to become the official sponsors of the draft, where in the transitional provisions generally override the unions! Minsoc (to honor ministress), after reading it, refused to sign it! Then Milovanov decides that let its economy it will make. But! The employee, who was given the text… wrote a report in which it was about the fact that he is not ready to put his signature under that, which negates the eleven articles of the Constitution! Then Milovanov gives this text some V. O. Secretary of the economy Ministry. He does not in the tooth foot on these topics. Puts his signature, and now for the authorship of the Ministry of economy project send to the ministries for approval. This time Minsoc bend over, and Minsoc washes his hands… the authorship’re not them. They endorse. The Ministry of justice more time to decide how to put the signature under what is contrary to the Constitution. Text Milovanova consists of 99 articles. All the working Code they have put in 99 articles! Where only one article indirectly referred to the right to collective defence of labour rights! In the transitional provisions repeal the law on trade unions” – describes on his page in Facebook the intrigue surrounding the new bill-known political scientist and human rights activist Mikhail Chaplya.

Galina Tretyakov said, “the Country” of the situation: “We are already three months consult with all parties of social dialogue. Instead, the unions are in agreement with the opposition factions made their projects. The government this week should make the laws concerning the labour market. We will consider all together”.

The contract, and who does not sign the dismissal

A new bill from the Cabinet never officially published. In the profile groups walk some of its variants. And all of their experts, which talked of a “Country” called “informal” and watch “strictly secret”, However, these versions are similar to each other, with the exception that the number of articles in pair options 130-135 and one 99. As explained by experts, the text podsokratili to spend it in the Parliament reduced the voting process.

“In a network there was a draft Labor Code, allegedly developed under the leadership Milovanova. If this project is real, then that Julia and Peter A. you can order sociology CH. It will not be simple. Most interesting, no one will be able to answer why permission to fire pregnant women, people on sick leave etc. just like it should, and everything,” – wrote in his Telegram the people’s Deputy from “public Servants” Max Buzhansky.

Even a cursory reading of the bill enough to understand why he is not in a hurry to stand in public.

Thus, the Ukrainians are, in fact, offer to go to work on labour contracts. They can be short or perpetual, with defixionum working time, school, etc. so It turns out that in Ukraine want to realize the American model, where each worker laid down certain conditions and salary for themselves. The employer also has plenty to keep the employee on the “short” employment contract, that is constantly under threat of losing their job. What is particularly useful, for example, in the case of employees of pre-retirement and retirement age, which can be at any moment to put the door.

Fixed-term contract of not more than five years are encouraged to conclude with teachers, journalists, members of the Supervisory Board and top managers of companies, as well as “transfer the employee to work for another employer”.

There will be shorter contracts of up to two months. And their employers will generally be able to terminate for any reason (even if it is not connected with a professional), notifying the employee of dismissal for three days. Similarly, just employers will be able to break seasonal labor contracts, in fact, without a good reason.

Know-how from Milovanova – some contracts with non-fixed work schedule. Burden on expert, in fact, can be any. The rule on 8-hour working day in the project, but only as a point of reference – stated that it is “normal” working hours, but may be overtime. Provided that the rest between shifts shall be not less than 12 hours, that is legitimate will be considered a 12-hour day.

The only limitation is “irregular” contracts, the employer should be no more than 10% of the total.

Also, employers can terminate an employment contract before the expiry of their actions. For example, the company can point to the door employee, that “on the basis of the medical conclusion of the work is contraindicated.” Also not active (or dormant) a contract for, say, a College employee.

The bill entered a whole list of reasons that will allow employers to quickly and without unnecessary red tape to fire people. One of the points, for example, is dismissal at “own the initiative of the employer”. It does not need long to explain the reasons, simply to inform the employee 15 days (if he worked on this place for up to six months) or 30-90 days (if the experience from six months to 10 years). The draft follows the wording is interesting: “the timing of the warning can be replaced by monetary compensation”. That is really to put the employee out the door even on the same day, just need to give him some money. Let’s remind that now in the TC dismissal or reduction of the need to warn no less than two months, and the dismissal for reasons beyond the control of the employee, he’s entitled to double salary.

If the employee refuses to sign such onerous conditions, the employer may only on this basis to terminate the contract unilaterally.

To dismiss an employee “because of”, to look for such also not have long. So, enough of the breach of employment contract more than two times in six months. One such cause may be failure to report to work “due to temporary incapacity for work”, i.e. due to prolonged illness (from 4 months). The argument for dismissal – the failure to report for work more than 10 days.

There are risks and categories of workers, which is now protected by law from dismissal. For example, women on maternity leave can remain without work “in connection with the liquidation or reorganization” of the enterprise, and this scheme, as told by Rostislav Kravets, many businesses now conduct mass layoffs say about the alleged reorganization, change the title of the post and leave a person without work.

National holidays I want to leave just nine: 1 January (New year), 25 December and 7 January (Christmas), March 8, 1 and 9 may, 28 June (Constitution Day), August 24 (independence Day), October 14 (the Day of defender of Ukraine).

Labor “reshaly” instead of trade unions

Individual attention, the transitional provisions of the new bill. As soon as it enters into force (six months after adoption), immediately annulled the existing laws – the Code of laws on labour “On labour remuneration”, “On leave” , “On trade unions” and others.

“Reconcile,” employers and employees will be a kind of national service of mediation and reconciliation – the government body that will be “put out” of the labor conflict. She, in particular, will prepare some of conciliators and arbitrators, which will then be send to the “problematic” enterprises. About the role, which is in the process of collective labour disputes is given to the trade unions, the draft says nothing.

“The workers Union is free legal help immediately offer a defense in court for the money. The unions will also be deprived of the right of public control over the implementation of labour legislation. And that is important – the unions will be deprived of the right to participate in the development of state policy in the sphere of labor relations, wages, social protection”, – explained the “Country” in the Federation of trade unions.

But employers in this respect a different opinion.

“Real trade unions, not now. This “mummers”, and they should be excluded from the labor market and to return through the time when there will be real trade unions,” – said the head of the company “Yaroslav” Alexander Badger.

“It’s one thing to inform the trade unions about some innovation, but it is another to get their approval. It is often difficult, which complicates the work of business”, – said Alexey Miroshnichenko.

Preparing for mass layoffs?

According to Miroshnichenko, the main comments to the current Ukrainian labor legislation from foreign partners and investors – excessive “security” workers.

“The labour code should not hinder the development of the business. We have, for example, more than ten privileged categories that have the priority right to employment. And for them, the company needs to hold 4% of jobs or to pay fines. The company also can not dismiss not only the worker’s retirement age, but retired, so there’s no way to take the place of the young specialist. This hinders the modernization of the economy. Understand, the valuable human resources employers themselves will run. And they are willing to pay, but only for the case. For example, to pay for training, study, and not obscure the penalties for quotas for beneficiaries,” – said Miroshnichenko.

According to him, foreign investors, labor laws, along with the tax and customs included in the list of priorities when making decision about opening a business in Ukraine.

Want to “simplifications” are not only foreigners, but also our businesses.

“We’re not that great live, to disallow overtime, celebrated all the world holidays and not be able to kick bum,” says Alexander Badger.

In fact many commercial companies already have long ignored the Labour code – there is also overtime and work on weekends, and additional load and go “not at all”. So alive, in fact, most companies are small and medium-sized businesses.

“The main element of pressure on the employees there – of salaries. The employer may formally you and not to fire, it will simply cease to pay “grey” part of the salary. And you will leave as lost economic meaning of the work. Another thing – the large enterprises, where everything is white and according to the Labour code. It is possible that the concessions lobbied for a financial-industrial group, preparing for a new economic crisis in the Wake of which will probably have to cut the whole army of workers. It is one thing to fire them with the payment of the considerable sums, and the other is just put before the fact”, – concluded Alexei Kusch.Liudmila Ksenz

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