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Labour code Ukraine
A code is brought into action from June, 1, 1972
By Law of Ukrainian SSR
from December, 10, 1971 N 322-VIII
With the amendments and supplements borne
by the decrees of Presidium of Supreme Soviet of Ukrainian SSR
from September, 18, 1973 N 2048-VIII, ВВР, in 1973, N 40, item 343,
from June, 5, 1975 N 3866-VIII, ВВР, in 1975, N 24, item 296,
from December, 24, 1976 N 1616-IX, ВВР, in 1977, N 1, item 4,
from January, 17, 1980 N 5584-IX, ВВР, in 1980, N 5, item 81,
from July, 29, 1981 N 2240-X, ВВР, in 1981, N 32, item 513,
from December, 30, 1981 N 2957-X, ВВР, in 1982, N 2, item 23,
from January, 24, 1983 N 4617-X, ВВР, in 1983, N 6, item 87,
from December, 21, 1983 N 6237-X, ВВР, in 1984, N 1, item 3,
from February, 27, 1985 N 8474-X, ВВР, in 1985, N 11, item 205,
from June, 27, 1986 N 2444-XI, ВВР, in 1986, N 27, item 539,
from February, 10, 1987 N 3546-XI, ВВР, in 1987, N 8, item 149,
from September, 3, 1987 N 4534-XI, ВВР, in 1987, N 37, item 715,
from October, 30, 1987 N 4841-XI, ВВР, in 1987, N 45, item 904,
from May, 27, 1988 N 5938-XI, ВВР, in 1988, N 23, item 556,
from May, 19, 1989 N 7543-XI, ВВР, in 1989, N 22, item 235,
from May, 14, 1990 N 9280-XI, ВВР, in 1990, N 22, item 367,
by the laws of Ukrainian SSR
from March, 20, 1991 N 871-XII, ВВР, in 1991, N 23, item 267,
from June, 18, 1991 N 1205-XII, ВВР, in 1991, N 30, item 382,
By Decision of Supreme Soviet of Ukrainian SSR
from July, 4, 1991 N 1292-XII, ВВР, in 1991, N 36, item 474,
by the laws of Ukraine
from January, 4, 1992 N 2032-XII, ВВР, in 1992, N 17, item 209,
from February, 18, 1992 N 2134-XII, ВВР, in 1992, N 22, item 302,
from June, 5, 1992 N 2417-XII, ВВР, in 1992, N 33, item 477,
from June, 5, 1992 N 2418-XII, ВВР, in 1992, N 33, item 478,
By Decree of Cabinet of Ministers of Ukraine
from December, 9, 1992 N 7-92, ВВР, in 1993, N 5, item 34,
By the law of Ukraine
from December, 15, 1992 N 2857-XII, ВВР, in 1993, N 6, item 35,
By Decree of Cabinet of Ministers of Ukraine
from December, 31, 1992 N 23-92, ВВР, in 1993, N 11, item 93,
by the laws of Ukraine
from November, 17, 1993 N 3610-XII, ВВР, in 1993, N 47, item 435,
from November, 19, 1993 N 3632-XII, ВВР, in 1993, N 49, item 461,
from December, 15, 1993 N 3693-XII, ВВР, in 1994, N 3, item 9,
from December, 15, 1993 N 3694-XII, ВВР, in 1994, N 3, item 10,
from December, 16, 1993 N 3706-XII, ВВР, in 1993, N 51, item 478,
from December, 16, 1993 N 3719-XII, ВВР, in 1994, N 3, item 16,
from July, 12, 1994 N 92/94-ВР, ВВР, in 1994, N 33, item 297,
from January, 19, 1995 N 6/95-ВР, ВВР, in 1995, N 5, item 30,
from January, 27, 1995 N 35/95-ВР, ВВР, in 1995, N 28, item 201,
from February, 28, 1995 N 75/95-ВР, ВВР, in 1995, N 13, item 85,
from July, 5, 1995 N 263/95-ВР, ВВР, in 1995, N 28, item 204,
from June, 28, 1996 N 256/96-ВР, ВВР, in 1996, N 30, item 143,
from September, 10, 1996 N 357/96-ВР, ВВР, in 1996, N 45, item 229,
from January, 23, 1997 N 20/97-ВР, ОВУ, in 1997, number 6, с. 21,
from June, 19, 1997 N 374/97-ВР, ВВР, in 1997, N 35, item 223,
from December, 26, 1997 N 785/97-ВР, ОВУ, in 1998, N 2, item 38,
from September, 18, 1998 N 117-XIV, ОВУ, in 1998, N 40, item 1473,
from April, 8, 1999 N 576-XIV, ОВУ, in 1999, N 16, item 634,
from June, 30, 1999 N 784-XIV, ОВУ, in 1999, N 33, item 1699,
from December, 24, 1999 N 1356-XIV, ОВУ, in 2000, N 2, item 28,
from February, 1, 2000 N 1421-XIV, ОВУ, in 2000, N 6, item 2031,
from June, 1, 2000 N 1766-III, ОВУ, in 2000, N 25, item 1036,
from June, 8, 2000 N 1807-III, ОВУ, in 2000, N 27, item 1113,
from October, 19, 2000 N 2056-III, ОВУ, in 2000, N 46, item 1975,
from January, 11, 2001 N 2213-III, ОВУ, in 2001, N 8, item 309,
from April, 5, 2001 N 2343-III, ОВУ, in 2001, N 17, item 718,
from July, 11, 2001 N 2620-III, ОВУ, in 2001, N 30, item 1354,
from October, 17, 2002 N 184-IV, ОВУ, in 2002, N 45, item 2064,
from January, 16, 2003 N 429-IV, ОВУ, in 2003, N 6, item 211,
from February, 6, 2003 N 487-IV, ОВУ, in 2003 N 9, item 336,
from February, 6, 2003 N 490-IV, ОВУ, in 2003 N 9, item 338,
from March, 20, 2003 N 639-IV, ОВУ, in 2003, N 16, item 698,
from May, 15, 2003 N 762-IV, ОВУ, in 2003, N 23, item 1021,
from July, 10, 2003 N 1096-IV, ОВУ, in 2003, N 32, item 1680,
from May, 11, 2004 N 1703-IV, ОВУ, in 2004, N 22, item 1483,
from October, 21, 2004 N 2103-IV, ОВУ, in 2004, N 45, item 2963,
from October, 22, 2004 N 2128-IV, ОВУ, in 2004, N 46, item 3010,
from November, 18, 2004 N 2190-IV, ОВУ, in 2004, N 50, item 3257
from March, 3, 2005 N 2454-IV, ОВУ, in 2005, N 13, item 654,
from December, 20, 2005 N 3248-IV, ОВУ, in 2006, N 1, item 7,
from December, 22, 2006 N 534-V, ОВУ, in 2007, N 1, item 15,
from February, 7, 2007 N 609-V, ОВУ, in 2007, N 18, item 690,
from May, 11, 2007 N 1014-V, ОВУ, in 2007, N 44, item 1776,
from December, 28, 2007 N 107-VI
(changes, borne by Law of Ukraine from December, 28, 2007 N 107-VI
operate for December, 31, 2008,
changes borne by the point 96 of section of an II Law of Ukraine
from December, 28, 2007 N 107-VI,
it is acknowledged such, that Constitutions of Ukraine (are unconstitutional) do not answer
in obedience to the decision Constitutional Court of Ukraine
from May, 22, 2008 N 10-рп/2008),
from April, 15, 2008 N 274-VI
(From January, 1, 2009 to this Code the changes will be borne pursuant to Law of Ukraine from December, 14, 2006 N 466-V)
(From January, 1, 2009 to this Code the changes will be borne pursuant to Law of Ukraine from September, 23, 2008 N 573-VI)

Term "legislation", that is used official interpretation is given in part third of the article 21 of this Code,
(in obedience to the decision Constitutional Court of Ukraine
from July, 9, 1998 N 12-рп/98)

To the concept "trade union, that operates on an enterprise, in establishment, organization", which is used in an indention sixth of part first of the article 43 1 this Code, official interpretation is given
(in obedience to the decision Constitutional Court of Ukraine
from October, 29, 1998 N 14-рп/98)

(In the text of Code of the reference "administration", "administration of enterprise, organization", "administration of enterprise, establishment, organizations" are transferable by reference "proprietor or an organ" is empowered by him, references are "work and office workers" - the reference "workers" pursuant to Law of Ukrainian SSR from March, 20, 1991 N 871-XII)
(In the name and text of Code of word of "Ukrainian SSR" to replace by the word of "Ukraine" pursuant to Law of Ukraine from February, 18, 1992 N 2134-XII)
(In the text of Code of word a "folk court" in all cases is transferable by the word "court" in the proper cases pursuant to Law of Ukraine from January, 19, 1995 N 6/95-ВР)
A labour code Ukraine determines legal principles and guarantees of realization by the citizens of Ukraine of right to dispose of the capacities for productive and creative labour.
(With the changes borne pursuant to the decrees of Presidium
Supreme Soviet of Ukrainian SSR from 29.07.81 N 2240-X,
from 27.02.85 N 8474-X;
in the release of Law of Ukrainian
SSR from 20.03.91 N 871-XII)
Head And
GENERALS
Article 1. Task of labour Code Ukraine
A labour code Ukraine regulates the labour relations of all workers, instrumental in growth of labour, productivity to the improvement of quality of work, to the increase of efficiency of public production and getting up on this basis of standard of culture of life of workers material and, strengthening of labour discipline and gradual transformation of labour for the good of society in the first vital necessity of capable of working everybody.
The legislation about labour sets the high level of terms of labour, every kind guard of labour rights for workers.
(With the additions borne pursuant to Decree of Presidium
Supreme Soviet of Ukrainian SSR from 27.05.88 N 5938-XI)
Article 2. Basic labour rights for workers
A right to of citizens of Ukraine work, - that on the receipt of work with payment of labour of the minimum size not below set by the state,- including a right to the free choice of profession, of line of business and work, is provided by the state. The state creates terms for effective employment of population, is instrumental in employment, preparation and labour in-plant, training and if necessary provides retraining of the persons freed as a result of transition on a market economy.
Workers will realize a right to work by the conclusion of labour treaty about work on an enterprise, in establishment, organizations or with a physical person. Workers have a right to rest in accordance with laws about limitation of working day and workweek and about the annual paid vacations, right to the healthy and safe terms of labour, on association in trade unions and on the decision of collective labour disputes (disputes) in the order set by a law, on participation in the management by an enterprise, establishment, organization, on the material providing in order of social security in old age, and also in the case of illness, complete or partial loss of capacity, on the material help in the case of unemployment, on a right for the address to the court for the decision of labour disputes regardless of character of executable work or a held position, except for the cases foreseen by the legislation, and other rights set by the legislation.
(With the changes borne pursuant to the decrees of Presidium
Supreme Soviet of Ukrainian SSR from 29.07.81 N 2240-X,
from 27.02.85 N 8474-X,
from 27.05.88 N 5938-XI;
By Law of Ukrainian SSR from 20.03.91 N 871-XII;
By the law of Ukraine from 05.07.95 N 263/95-ВР)
The article 2 is a 1. Equality of labour rights for the citizens of Ukraine
Ukraine provides equality of labour rights for all citizens regardless of origin, social and property state, racial and national belonging, floor, language, political looks, religious persuasions, family and character of employments, place of residence and other circumstances.
(It is complemented by the article 2 1 pursuant to Law
Ukrainian SSR from 20.03.91 N 871-XII)
Article 3. Adjusting of labour relations
The legislation about labour regulates the labour relations of workers of all enterprises, establishments, organizations regardless of patterns of ownership, type of activity and of particular a branch belonging, and also persons which work by labour agreement with physical persons.
Features of labour of members of cooperative stores and their associations, collective agricultural enterprises, farmer economies, of workers of enterprises with foreign investments is determined by the legislation and their regulations. Thus guarantees in relation to employment, of labour, protection of labour of women, youths, invalids are given in the order foreseen by the legislation about labour.
(With the changes borne pursuant to Decree of Presidium of Supreme Soviet
Ukrainian SSR from 27.05.88 N 5938-XI;
By Law of Ukrainian SSR from 20.03.91 N 871-XII;
by the laws of Ukraine from 05.07.95 N 263/95-ВР,
from 03.03.2005 N 2454-IV)
Article 4. Legislation about labour
The legislation about labour consists of labour Code Ukraine and other acts of legislation of Ukraine, accepted in accordance with him.
(In the release of Law of Ukrainian
SSR from 20.03.91 N 871-XII;
Law of Ukraine from 05.07.95 N 263/95-ВР)
Article 5. Eliminated.
(With the changes borne pursuant to Decree of Presidium
Supreme Soviet of Ukrainian SSR from 29.07.81 N 2240-X;
eliminated pursuant to Law
Ukrainian SSR from 20.03.91 N 871-XII)
Article 5 of a 1. Guarantee of providing of right for citizens on labour
The state guarantees to the capable of working citizens which constantly live on territory of Ukraine:
free choice of type of activity;
free assistance by government services of employment in підборі of suitable work and employment in accordance with calling, capabilities, professional preparation, education, taking into account public necessities;
grant by enterprises, establishments, organizations in accordance with their preliminary given requests of work on speciality to the graduating students of state more higher educational, professional educational-educating establishments;
free studies of unemployed new professions, retraining in educational establishments or in the system of government service of employment with payment of grant;
indemnification in accordance with the legislation of material charges in connection with direction on work in other locality;
legal defense from the groundless refusal in the hire for job and illegal liberation, and also assistance in saving of work.
(It is complemented by the article 5 1 pursuant to
By the law of Ukraine from 05.07.95 N 263/95-ВР)
Article 6. Eliminated.
(pursuant to Law of Ukrainian
SSR from 20.03.91 N 871-XII)
Article 7. Features of adjusting of labour of some
categories of workers
Features of adjusting of labour of persons, which work in districts with the special natural geographical and geological terms and terms of the promoted risk for a health, floaters temporal and , and and also workers which work at physical persons by labour agreements, additional (except for foreseen in the articles 37 and 41 of this Code) of foundation for stopping of labour contract of some categories of workers at certain terms (violation of the set rules of hire for job and other) is set by the legislation.
(With the amendments and supplements borne pursuant to Decree of Presidium
Supreme Soviet of Ukrainian SSR from 27.05.88 N 5938-XI;
by the laws of Ukraine from 15.12.93 N 3694-XII,
from 24.12.99 N 1356-XIV)
Article 8. Adjusting of labour relations of citizens which work outside the states
Labour relations of citizens of Ukraine, which work after its scopes, and also labour relations of foreign citizens which work on enterprises, in establishments, organizations of Ukraine, is regulated by the legislation of the state, in which realizable employment (renting) of worker, and international agreements of Ukraine.
(In the release of laws of Ukraine
from 05.07.95 N 263/95-ВР,
from 08.06.2000 N 1807-III)
Article 8 of a 1. Correlation of international agreements about labour and
legislation of Ukraine
If by an international agreement or international agreement, in which Ukraine takes part,other rules are set, than those that they are contained by the legislation of Ukraine about labour, the rules of international agreement or international agreement are used.
(It is complemented by the article 8 1 pursuant to Law
Ukrainian SSR from 20.03.91 N 871-XII)
Article 9. Ineffectiveness of terms of agreements about labour, which worsen position of workers
The terms of agreements about labour, which worsen position of workers comparative with the legislation of Ukraine about labour, are invalid.
(With the changes borne pursuant to Decree of Presidium
Supreme Soviet of Ukrainian SSR from 27.05.88 N 5938-XI;
By Law of Ukrainian SSR from 20.03.91 N 871-XII;
By the law of Ukraine from 05.07.95 N 263/95-ВР)
Article 9 1. Additional comparative with the legislation labour and
соціально-побутові privileges
Enterprises, establishments, organizations within the limits of the plenary powers and due to the personal funds can set labour and соціально-побутові privileges additional comparative with the legislation for workers.
An enterprise can materially encourage the workers of medical, child's, cultural and educational, educational and sporting establishments, organizations of public food consumption and organizations, that serve a labour collective and does not enter to his composition.
(It is complemented by the article 9 1 pursuant to Law
Ukrainian SSR from 20.03.91 N 871-XII)
Head II
COLLECTIVE AGREEMENT
(Head with the amendments and supplements, borne pursuant to the decrees of Presidium
Supreme Soviet of Ukrainian SSR from 24.01.83 N 4617-X,
from 27.02.85 N 8474-X,
from 27.05.88 N 5938-XI,
from 19.05.89 N 7543-XI;
By Law of Ukrainian SSR from 20.03.91 N 871-XII;
in the release of Law of Ukraine from 15.12.93 N 3693-XII)
Article 10. Collective agreement
A collective agreement consists on the basis of current legislation, accepted by the sides of obligations with the purpose of adjusting of production, labour and socio-economic relations and concordance of interests a worker, proprietors and organs empowered by them.
Article 11. Sphere of conclusion of collective agreements
A collective agreement consists on enterprises, in establishments, organizations regardless of patterns of ownership and menage, which use wage labour and have rights for legal personality.
A collective agreement can consist in structural subdivisions of enterprise, establishment, organization within the limits of jurisdiction of these subsections.
Article 12. Sides of collective agreement
A collective agreement consists between a proprietor or organ (by a person) empowered by him, and from one side, and primary trade-union organizations,, which operate in accordance with the regulations, and in the case of their absence - representatives freely select on common collections of the hired workers or organs empowered by them, from the second side.
If on an enterprise, in establishment, organizations are created a few primary trade-union organizations, they must on bases of proportional representative office (pursuant to the amount of members of every primary trade-union organization) to form the incorporated representative organ for the collective bargaining. In this case every primary trade-union organization is to be determined in relation to the concrete obligations under a collective agreement and responsibility for their non-fulfillment. Primary trade-union organization, that gave up participation in the incorporated representative organ, is delivered right to be of interests of workers at signing of collective agreement.
(With the changes borne pursuant to the laws of Ukraine
from 05.04.2001 N 2343-III,
from 10.07.2003 N 1096-IV)
Article 13. Table of contents of collective agreement
The table of contents of collective agreement is determined by sides within the limits of their jurisdiction.
The mutual obligations of sides in relation to adjusting of production, labour, socio-economic relations are set in a collective agreement, in particular:
the changes in organization are productions and labours;
providing of productive employment;
setting of norms and payment of labour, establishment of forms, system, wages rates and other types of labour payments (additional charges, raises, bonuses and other);
establishment of guarantees, indemnifications, privileges;
participation of labour collective in forming, distributing and use of income of enterprise, establishment, organization (if it is foreseen by regulation);
mode of operations, of duration of working hours and rest;
terms and labour protection;
providing of житлово-побутового, cultural, medical service, organization of making healthy and rest of workers;
guarantees of activity of trade-union or other representative organizations a worker;
terms of adjusting of funds of payment of labour and establishment of interqualifying (interpost) correlations in payment of labour;
providing of even rights and possibilities of women and men.
A collective agreement can foresee the guarantees additional comparative with the current legislation and agreements, and соціально-побутові privileges.
(With the additions borne pursuant to
by the laws of Ukraine from 23.01.97 N 20/97-ВР,
from 15.04.2008 N 274-VI)
Article 14. Collective negotiations, development and conclusion
collective agreement, responsibility after
his implementation
Collective negotiations precede to the collective bargaining.
Terms, order of conduct of negotiations, decision of disagreements which arise up during their conduct, order of development, conclusion and bringing of amendments and supplements to the collective agreement, responsibility for his implementation is regulated by Law of Ukraine "About collective agreements and agreements".
Article 15. Registration of collective agreement
Collective agreements are subject to повідомній registration by local executive public authorities.
The order of registration of collective agreements is determined by Cabinet of Ministers of Ukraine.
Article 16. Ineffectiveness of conditions of the collective agreement
The conditions of the collective agreement, that worsen position of workers comparative with the current legislation agreements, are invalid.
Article 17. Term of action of collective agreement
A collective agreement goes into effect from the day of his signing by the representatives of sides or from the day marked in him.
Upon termination of term of action a collective agreement continues to operate to that pore, while sides will not conclude new or will not revise operating, if other is not foreseen by an agreement.
A collective agreement keeps action in the case of change of composition, structure, name of the organ empowered by a proprietor, which this treaty is concluded on behalf of.
In the case of reorganization of enterprise, establishment, to organization a collective agreement keeps action during a term, which he is concluded on, or can be revised on the consent of sides.
In the case of change of proprietor action of collective agreement is kept during the term of his action, but not more than one year. In this period sides must begin negotiations about the conclusion of new or change or addition of running collective agreement.
In the case of liquidation of enterprise, establishment, a collective agreement operates organizations during all term of conducting of liquidation.
On the accrued enterprise, in establishment, to organization a collective agreement consists on initiative one of sides in three months term after registration of enterprise, establishment, organization, if the legislation foresees registration, or after the decision about foundation of enterprise, establishment, organization, if their registration is not foreseen.
Article 18. Distribution of collective agreement on
all workers
The provisions of collective contract spread on all workers of enterprise, establishment, organization regardless of whether there are they by the members of trade union, and are obligatory both for a proprietor or organ empowered by him, and and for the workers of enterprise, establishment, organization.
Article 19. Control after implementation of collective
agreement
The control after implementation of collective agreement is conducted directly by sides, which concluded him in an order certain by this collective agreement.
If a proprietor or organ (person) empowered by him violated the conditions of the collective agreement, trade unions, that he was concluded, a right to send to the proprietor or organ (to the person) of picture empowered by him of removal of these violations, which is examined in an a week term, is had. In the case of refusal to remove violation or no achievements of consent in the noted term of trade union have a right to appeal the wrong acts or inactivity of public servants to the court.
(With the amendments and supplements borne accordant
with Law of Ukraine from 05.04.2001 N 2343-III)
Article 20. Reports about implementation of collective
agreement
Sides which signed a collective agreement, annually in the terms foreseen by a collective agreement, report about his implementation.
Head III
LABOUR CONTRACT
Article 21. Labour contract
A labour contract is agreement between a worker and proprietor of enterprise, establishment, organizations or the organ or physical person, after which empowered by him a worker is obligated to execute work, certain by this agreement, with subject to the internal labour order, and proprietor of enterprise, establishment, organizations or an organ or physical person is empowered by him is obligated to pay to the worker the wages and provide the terms of labour, the necessary for implementation works foreseen by the legislation about labour, by a collective agreement and agreement of sides.
A worker has a right to realize the capacities for productive and creative labour by the conclusion of labour treaty on one or simultaneously on a few enterprises, in establishments, organizations, if other is not foreseen by the legislation, collective agreement or agreement of sides.
A contract in which is,the special form of labour contract term of his action, rights, duties and responsibility of sides (in that number material), terms of the material providing and organizations of labour of worker, the terms of dissolution of agreement, in that number ahead of shedule, can be set by the agreement of sides. A purview contract is determined by the laws of Ukraine.
(term "legislation", that is used in part third of the article 21, official interpretation in obedience to the decision of Constitutional Court of Ukraine is given from 09.07.98 N 12-рп/98)
(With the changes borne pursuant to Decree of Presidium
Supreme Soviet of Ukrainian SSR from 24.01.83 N 4617-X;
By Law of Ukrainian SSR from 20.03.91 N 871-XII;
by the laws of Ukraine from 05.07.95 N 263/95-ВР,
from 24.12.99 N 1356-XIV)
Article 22. Guarantee at the conclusion, change and stopping
labour contract
The groundless refusal in the hire for job is forbidden.
In accordance with Constitution of Ukraine some direct or indirect limitation of rights or establishment of direct or indirect advantages at the conclusion, change and stopping of labour contract depending on the origin, social and property state, racial and national belonging, floor, language, political looks, religious persuasions, membership in a trade union or other association of citizens, family and character of employments, places of residence is shut out.
Requirements in relation to age, level of education, to the state of health of worker can be set by the legislation of Ukraine.
(With the changes borne pursuant to Law
Ukrainian SSR from 20.03.91 N 871-XII;
in the release of Law of Ukraine from 19.01.95 N 6/95-ВР)
Article 23. Terms of labour contract
A labour contract can be:
1) permanent, that consists on an indefinite term;
2) on a certain term, set on the concordance of sides;
3) such, that consists in a time of implementation of certain work.
An urgent labour contract consists in the cases when the labour relations can not be set on an indefinite term taking into account character of a next work, either terms of its implementation or interests of worker and in other cases foreseen by legislative acts.
(With the amendments and supplements borne pursuant to
By Law of Ukrainian SSR from 20.03.91 N 871-XII;
By the law of Ukraine from 19.01.95 N 6/95-ВР)
Article 24. Conclusion of labour treaty
A labour contract consists, as a rule, in the writing form. of Inhibition of writing form is obligatory:
1) at the organized set of workers;
2) at the conclusion of labour treaty about work in districts with the special natural geographical and geological terms and terms of the promoted risk for a health;
3) at closing of deal;
4) in the cases when a worker insists on the conclusion of labour treaty in writing;
5) at the conclusion of labour treaty with minor (the article 187 of this Code);
6) at the conclusion of labour treaty with a physical person;
7) in other cases foreseen by the legislation of Ukraine.
At the conclusion of labour treaty a citizen is under an obligation to give a passport or other document, that certifies person, labour book, and in cases foreseen by the legislation, - also document about education (speciality, qualification), about the state of health and other documents.
The conclusion of labour treaty is designed by the order or order of proprietor or organ empowered by him about including of worker on work.
A labour contract is considered concluded and then, when it was not given out the order or order, but a worker was actually admitted to work.
To the person, invited on work in order of translation from other enterprise, establishment, organization on the concordance between the leaders of enterprises,, it can not be said no establishments, organizations in the conclusion of labour treaty.
The conclusion of labour treaty with a citizen to which after a medical conclusion the offered work contra-indicated on the state a health is forbidden.
(With the amendments and supplements borne pursuant to Decree
Presidium of Supreme Soviet of Ukrainian SSR from 19.05.89 N 7543-XI;
By Law of Ukrainian SSR from 20.03.91 N 871-XII;
by the laws of Ukraine from 15.12.93 N 3694-XII,
from 19.06.97 N 374/97-ВР,
from 24.12.99 N 1356-XIV)
The article 24 is a 1. Registration of labour contract
In the case of conclusion of labour treaty between a worker and physical person a physical person must in an a week term from the moment of actual assumption of worker to work register a concluded in writing labour treaty in government service of employment after the place of the residence in an order, certain by Ministry of labour and social policy of Ukraine.
(It is complemented by the article 24 1 pursuant to
By the law of Ukraine from 24.12.99 N 1356-XIV)
Article 25. Prohibition to require a labour contract at the conclusion
some information and documents
At the conclusion of labour treaty is forbidden to require from persons, which start work, information about their party and national affiliation, origin, registration and documents, presentation of which is not foreseen by the legislation.
(With the amendments and supplements borne pursuant to
By Law of Ukrainian SSR from 20.03.91 N 871-XII,
from 19.06.97 N 374/97-ВР)
Article 25 of a 1. Limitation of joint work of relatives on
enterprise, in establishment, organization
Proprietor right to inculcate limitation in relation to joint work on the same enterprise, in establishment, organizations of persons, which are near relation or brother-in-laws (parents, married couple, brothers, sisters, children, and also parents, brothers, sisters and children of the married couple), if in connection with implementation of labour duties they are directly inferior or підконтрольні to each other.
On enterprises, in establishments, organizations of state pattern of ownership order of introduction of such limitations is established by the legislation.
(It is complemented by the article 25 1 pursuant to
By the law of Ukraine from 19.01.95 N 6/95-ВР)
Article 26. Test at the hire for job
At the conclusion of labour treaty can be conditioned by the agreement of sides of test with the purpose of verification of accordance of worker to work which to him is charged. A condition about the test must be cautioned in the order (order) about the hire for job.
In the period of test the legislation about labour spreads on workers .
The test is not set at the hire for job: persons which did not attain eighteen years; young works upon termination of professional educational-educating establishments; young specialists upon termination of more higher educational establishments; persons, exempt in a supply from military or alternative (невійськової) service; of the invalids directed on work in accordance with recommendation of медико-соціальної examination. The test is not set also at the hire for job in other locality and during translation on work on other enterprise, in establishment, organization, and also in other cases, if it is foreseen by the legislation.
(With the changes borne pursuant to Law
Ukrainian SSR from 20.03.91 N 871-XII;
By the law of Ukraine from 19.01.95 N 6/95-ВР)
Article 27. Term of test at the hire for job
The term of test at the hire for job, if other is not set by the legislation of Ukraine, can not exceed three months, and on occasion, on the concordance with the proper elected body of primary trade-union organization, - six months.
The term of test at the hire for job of works can not exceed one month.
If a worker in the period of test was absent at work in connection with temporal disabled or on other good reasons, test can be extended on the proper amount of days, which he was absent during.
(With the amendments and supplements borne pursuant to Decree of Presidium
Supreme Soviet of Ukrainian SSR from 27.05.88 N 5938-XI;
By Law of Ukrainian SSR from 20.03.91 N 871-XII;
by the laws of Ukraine from 05.07.95 N 263/95-ВР,
from 10.07.2003 N 1096-IV)
Article 28. Results of test at the hire for job
When the term of test ended, and a worker continued to work, he is considered such, that passed muster, and a next dissolution of labour contract is assumed only on the common grounds.
If during the term of test disparity of worker is set to work, which he is accepted on, proprietor or an organ is empowered by him during this term right to tear a labour contract. Dissolution of labour contract from these grounds can be appealed by a worker in the order set for consideration of labour disputes in the questions of liberation.
Article 29. Duty of proprietor or organ empowered by him to instruct a worker and define him a workplace
To beginning of work by concluded labour agreement proprietor or an organ obliged is empowered by him:
1) to explain to the worker of his right and duties and to inform under a receipt about the terms of labour, a presence on a workplace, where he will work, dangerous and harmful production factors, which are not yet removed, and possible consequences of their influencing on a health, his rights to the privileges and indemnifications for work in such terms in accordance with the current legislation and collective agreement.
2) to acquaint a worker with the rules of internal labour order and collective agreement;
3) to define to the worker a workplace, to provide him by facilities necessary for work ;
4) to instruct a worker from accident, production sanitation, hygiene of labour and fire-guard prevention.
(With the changes borne pursuant to Decree of Presidium
Supreme Soviet of Ukrainian SSR from 27.05.88 N 5938-XI;
By the law of Ukraine from 15.12.93 N 3694-XII)
Article 30. Personally to perform the duty of worker work incumbent to him
A worker must execute work incumbent to him personally and has no authority to turn its implementation to other person, except for the cases foreseen by the legislation.
Article 31. Prohibition to require implementation of the work not conditioned by a labour contract
A proprietor or organ empowered by him has no authority to require from the worker of implementation of work, not of conditioned by a labour contract.
Article 32. Translation on other work. Change of substantial terms of labour
Translation on other work on that enterprise, in establishment, organizations, and also translations on work on other enterprise, in establishment, organization or in other locality, even together with an enterprise, establishment, organization, is assumed only on the consent of worker, except for the cases, foreseen in the article 33 of this Code and in other cases foreseen by the legislation.
Ignores by translation on other work and does not need consent of worker of moving of him on that enterprise, in establishment, organization into other working place, in other structural subdivision in that locality, commission of work on other mechanism or aggregate within the limits of speciality, qualification or position, conditioned by a labour contract. Proprietor or organ empowered by him has no authority to move a worker to work contra-indicated to him on the state a health.
In connection with the changes in organization productions and labours the change of substantial terms of labour at continuation of work after that speciality, qualification or position is assumed. About the change of substantial terms of labour - systems and sizes of payment of labour, of privileges, office hours, establishment or abolition of half-time, of combination of professions, change of digits and name of positions and other is a worker must be put in a fame not later than two months.
If the former substantial terms of labour can not be well-kept, and a worker does not agree on continuation of work in new terms, a labour contract is halted after the point 6 of the article 36 of this Code.
(With the changes borne accordant by Decree of Presidium
Supreme Soviet of Ukrainian SSR from 27.05.88 N 5938-XI;
By Law of Ukrainian SSR from 20.03.91 N 871-XII;
By the law of Ukraine from 24.12.99 N 1356-XIV)
Article 33. Temporal translation of worker on other work not conditioned by a labour contract
Temporal translation of worker on other work, not conditioned by a labour contract, is assumed only after his consent.
A proprietor or organ empowered by him has a right to translate a worker within one month on other work not conditioned by a labour contract, without his consent, if she not contra-indicated to the worker on the state a health, only for the distraction or liquidation of consequences of elemental misfortune, epidemics, епізоотій, production failures, and also other circumstances which put or can put under the threat of life or normal vital terms of people, with payment of labour for the executed work, but not below, than average earning at previous work.
In cases marked in part second of this article, temporal translation to other work of expectant mothers, women, which have a child-invalid or child under age six years, and also persons, under age eighteen years without their consent is forbidden.
(In the release of Law of Ukraine
from 24.12.99 N 1356-XIV)
Article 34. Temporal translation on other work in the case of outage
Outage is it is the halt of work, caused by absence of organizational or technical terms necessary for implementation of work, inevitable force or other circumstances.
In the case of outage workers can be translated after their consent taking into account speciality and qualification on other work on that enterprise, in establishment, to organization on all time I will stand or on other enterprise, in establishment, organization, but in that locality within one month.
(In the release of Law of Ukraine
from 24.12.99 N 1356-XIV)
Article 35. Eliminated.
(pursuant to Law of Ukraine
from 24.12.99 N 1356-XIV)
Article 36. Grounds of stopping of labour contract
The grounds of stopping of labour contract are:
1) agreement of sides;
2) ending of term (points 2 and 3 of the article 23), exept for the cases when the labour relations actually last and none of sides proposed the requirement about their stopping;
3) appeal or entry of worker on military service, of direction on alternative (невійськову) service;
4) dissolution of labour contract on initiative of worker (of the article 38, 39), on initiative of proprietor or organ (of the article 40, empowered by him 41) or on call of trade-union, or other empowered on a representative office by the labour collective of organ (the article 45);
5) translation of worker, after his consent, on other enterprise, in establishment, organization or transition on elective position;
6) waiver of worker of translation on work in other locality together with an enterprise, establishment, organization, and also waiver of continuation of work in connection with the change of substantial terms of labour;
7) set of legal force by the sentence of court, which a worker is condemned (except for the cases of release from serving of punishment with the test) to imprisonment or to other punishment which eliminates renewal option of this work;
8) the grounds, are foreseen by a contract.
Change of subordination of enterprise, establishment, does not halt organization to action of labour contract.
In the case of change of proprietor of enterprise, and also in the case of his reorganization (confluence, joining, division, selection, transformation) action of labour contract of worker proceeds. Stopping of labour contract on initiative of proprietor or organ empowered by him is possible only in the case of reduction of quantity or state of workers (point 1 of part first of the article 40).
(With the amendments and supplements, borne pursuant to the decrees of Presidium
Supreme Soviet of Ukrainian SSR from 29.07.81 N 2240-X,
from 21.12.83 N 6237-X,
from 27.05.88 N 5938-XI;
By Law of Ukrainian SSR from 20.03.91 N 871-XII;
by the laws of Ukraine from 19.01.95 N 6/95-ВР,
from 06.02.2003 N 487-IV)
Article 37. Stopping of labour contract with the worker directed after the court ruling on the forced treatment
Except for the grounds foreseen by the article 36 of this Code, a labour contract is halted also in the case of direction of worker after the court ruling to лікувально-трудового to профілакторію.
Article 38. Dissolution of the labour contract concluded on an indefinite term, on initiative of worker
A worker has a right to tear a labour contract, concluded on an indefinite term, warning about it a proprietor or an organ in writing in two weeks is empowered by him. In the case when the statement of worker about liberation from work is of own free will conditioned by impossibility to continue work (move into new place of residence; translation of man or wife on work in other locality; entry in educational establishment; impossibility of residence in this locality, confirmed by a medical conclusion; pregnancy; baby-care to achievement by her чотирнадцятирічного age or child-invalid; care of sick family member in accordance with a medical conclusion or invalid And groups; output on a pension; hire for job after competition, and also on other good reasons), a proprietor or organ empowered by him must tear a labour contract in a term, which a worker asks about.
If a worker upon termination of term of warning about liberation did not leave work and does not require dissolution of labour contract, proprietor or an organ is empowered by him not right to free him on an application, handed in earlier exept for the cases when into his place other worker to which in accordance with the legislation it can not be said no in the conclusion of labour treaty is invited.
A worker has a right in a term certain by him to tear the labour contract of own free will, if a proprietor or organ empowered by him does not execute the legislation about labour, conditions of the collective or labour agreement.
(With the amendments and supplements, borne pursuant to the decrees of Presidium
Supreme Soviet of Ukrainian SSR from 17.01.80 N 5584-IX,
from 21.12.83 N 6237-X,
from 19.05.89 N 7543-XI;
By Law of Ukrainian SSR from 20.03.91 N 871-XII;
by the laws of Ukraine from 15.12.93 N 3694-XII,
from 19.01.95 N 6/95-ВР,
from 24.12.99 N 1356-XIV
(Кодекс законів про працю від 1971.12.10, "Кодекс законів про працю України")

зараз остельне скину.

щось в мене комп висне...

Дуже ДЯКУЮ!!!!!!!!!!!!!!!

Urgent labour contract (points 2 and 3 of the article 23) is subject to dissolution before the appointed time on call of worker in the case of his illness or disability, which hinder to implementation of work by agreement, violation by a proprietor or organ of legislation empowered by him about labour, collective or labour agreement and in cases foreseen by part first of the article 38 of this Code.
Spores about ahead of shedule dissolution of labour contract decide in the general order set for consideration of labour disputes.
(With the changes borne pursuant to
By the law of Ukraine from 19.01.95 N 6/95-ВР)
Article 39 of a 1. Continuation of action of urgent labour contract
on an indefinite term
If upon termination of term of labour contract (the points 2 and 3 of the article 23) labour relations actually last and none of sides requires their stopping, action of this agreement is considered continued on an indefinite term.
Labour contracts, that were renewed one or a few times, except for the cases foreseen by part second of the article 23, is considered such, that is concluded on an indefinite term.
(It is complemented by the article 39 1 pursuant to
By the law of Ukraine from 19.01.95 N 6/95-ВР)
Article 40. Dissolution of labour contract on initiative of proprietor or organ empowered by him
It is entered into labour contract, on an indefinite term, and also urgent labour contract to ending of term of his action can be torn by a proprietor or organ empowered by him only in cases:
1) changes in organization productions and labours, in that number of liquidation, reorganization, of bankruptcy or перепрофілювання of enterprise, establishment, organization, reduction of quantity or state of workers;
1 1) it is eliminated
2) exposed disparity of worker to a held position or executable work as a result of insufficient qualification or state of health, which hinder to continuation of this work, and similarly in the case of abolition of admittance to the state secret, if implementation of the duties laid on him requires access to the state secret;
3) systematic non-fulfillment by a worker without the good reasons of the duties fixed on him by a labour contract or rules of internal labour order, if to the worker the measures of disciplinary or public penalty were earlier used;
4) truancy (in that number of absence at work more than three hours during a working day) without good reasons;
5) absence from work during more than four months successively as a result of temporal disabled, not counting vacation on pregnancy and births, if by the legislation the not set more protracted term of saving of job (positions) at the certain disease. After workers, which lost a capacity in connection with labour injury or professional disease, job (position) is kept to renewal of capacity or establishment of disability;
6) renewal at work of worker, which earlier executed this work;
7) appearances at work in the drunk state, in the state of narcotic or toxic intoxication;
8) accomplishing after job theft (in that number of shallow) of property of proprietor, of the court set by the sentence, and that collected legal force, whether by the decision of organ, to jurisdiction of which imposition of administrative penalty or application of measures of the public influencing enters.
9) it is eliminated
Liberation from the grounds marked in the points 1, 2 and 6 this article, is assumed, if it is impossible to translate a worker, after his consent, on other work.
Liberation of worker on initiative of proprietor or organ empowered by him in the period of his temporal disabled (except for liberation after the point 5 of this article) is shut out, and also in a period the stay of worker on leave. This rule does not spread in case of complete liquidation of enterprise, establishment, organization.
(With the amendments and supplements borne pursuant to decrees
Presidium of Supreme Soviet of Ukrainian SSR from 21.12.83 N 6237-X,
from 27.06.86 N 2444-XI,
from 27.05.88 N 5938-XI;
By Law of Ukrainian SSR from 20.03.91 N 871-XII;
by the laws of Ukraine from 12.07.94 N 92/94-ВР,
from 19.01.95 N 6/95-ВР,
from 05.07.95 N 263/95-ВР,
from 30.06.99 N 784-XIV,
from 24.12.99 N 1356-XIV,
from 11.05.2004 N 1703-IV)
Article 41. Additional grounds of dissolution of labour contract on initiative of proprietor or organ empowered by him with the separate categories of workers at certain terms
Except for the grounds foreseen by the article 40 of this Code, a labour contract on initiative of proprietor or organ empowered by him can be torn also in cases:
1) non-permanent gross violation of labour duties by the leader of enterprise, establishment, organization of all patterns of ownership (branch, representative office, separation and other separated subsection), his deputies, chief accountant of enterprise, establishment, organizations of all patterns of ownership, by his deputies, and also official persons of custom organs, state tax inspections which the personal ranks are appropriated to, and official persons of government control-revision service and organs of state control after prices;
1 1) guilty actions of leader of enterprise, establishment, organization, as a result the wages were paid too late or in sizes more low from the size of wages set by a law ;
2) guilty actions of worker which directly serves money, commodity or cultural values, if these actions ground for the loss of trust to him from the side of proprietor or organ empowered by him;
3) accomplishing by a worker which executes educating functions, amoral misconduct, not of compatible with continuation of this work.
Dissolution of agreement in cases foreseen by this article is carried out with inhibition of requirements of part third of the article 40, and in cases foreseen by the points 2 and 3, - also requirements of the article 43 of this Code.
(With the amendments and supplements, borne pursuant to Decree of Presidium
Supreme Soviet of Ukrainian SSR from 27.05.88 N 5938-XI;
By Law of Ukrainian SSR from 20.03.91 N 871-XII;
By the laws of Ukraine from 19.11.93 N 3632-XII,
from 19.01.1995 N 6/95-ВР,
from 17.10.2002 N 184-IV,
from 22.12.2006 N 534-V)
Article 42. Overwhelming right to abandonment at work at
freeing of workers in connection with the changes
there are productions and labours in organization
At reduction of quantity or state of workers in connection with the changes in organization productions and labours to abandonment at work workers get an overwhelming right with higher qualification and labour productivity.
At the even terms of labour and qualification productivity advantage in abandonment at work is given:
1) domestic - at presence of two and more of утриманців;
2) to the persons, in family of which there are no other workers with independent earnings;
3) to the workers with the protracted continuous experience of work on this enterprise, in establishment, organization;
4) to the workers which study in more higher and middle special educational establishments without tearing off from production;
5) to the participants of battle actions, invalids of war and persons, which action of Law of Ukraine "About status of veterans of war, guarantee of their social defence spreads on";
6) to the authors of inventions, useful models, industrial prototypes and rationalization suggestions;
7) to the workers which got on this enterprise, in establishment, organizations labour injury or professional disease;
8) to the persons from a number deported from Ukraine, during five years, since returning into permanent place of residence to Ukraine;
9) to the workers from a number the former servicemen of urgent service and persons which passed alternative (невійськову) service, - during two years from the day of liberation of them from service.
In abandonment at work other categories of workers can get advantage, if it is foreseen by the legislation of Ukraine.
(With the amendments and supplements borne pursuant to Decree of Presidium
Supreme Soviet of Ukrainian SSR from 19.05.89 N 7543-XI;
By Law of Ukrainian SSR from 20.03.91 N 871-XII;
by the laws of Ukraine from 16.12.93 N 3706-XII,
from 19.01.95 N 6/95-ВР,
from 28.02.95 N 75/95-ВР,
from 05.07.95 N 263/95-ВР)
The article 42 is a 1. Overwhelming right to the conclusion of labour treaty
in the case of turning hire for job
Worker, with which a labour contract is torn from the grounds foreseen by the point 1 of the article 40 of this Code (except for the case of liquidation of enterprise, establishment, organization), during one year has a right to the conclusion of labour treaty in the case of turning hire for job, if a proprietor or organ empowered by him carries out the hire for job of workers of a similar qualification.
To the conclusion of labour treaty in the case of turning hire for job the persons, marked in the article 42 of this Code, and in other cases foreseen by a collective agreement, get an overwhelming right.
The terms of renewal of соціально-побутових privileges which workers had to freeing are determined by a collective agreement.
(It is complemented by the article 42 1 pursuant to
By the law of Ukraine from 19.01.95 N 6/95-ВР)
Article 43. Dissolution of labour contract on initiative of proprietor or organ empowered by him after the previous consent of the elected body of primary trade-union organization (trade-union representative)
Dissolution of labour contract from the grounds foreseen by the points 1 (except for the case of liquidation of enterprise, establishment, organization), 2 - 5, 7 articles 40 by the points 2 and 3 of the article 41 of this Code, it can be conducted only after the previous consent of the elected body (of trade-union representative) of primary trade-union organization, by the member of which there is a worker.
In cases foreseen by the legislation about labour, the elected body of primary trade-union organization, the member of which there is a worker, examines in a п'ятнадцятиденний term the обґрунтоване writing picture of proprietor or organ empowered by him of dissolution of labour contract with a worker.
Presentation of proprietor or organ empowered by him is to be examined in presence a worker, on which it it is borne. Consideration of presentation in the case of absence of worker is assumed only on his writing statement. At will of worker other person, including advocate, can come forward from his name. If a worker or his representative failed to appear on meeting, consideration of statement is put aside to a next meeting within the limits of term certain by part second of this article. In the case of the repeated failure to appear of worker (his representative) without good reasons presentation can be examined at his absence.
In case if the elected body of primary trade-union organization does not appear, a consent on dissolution of labour contract is given by the trade-union representative empowered on the representative office of interests of members of trade union pursuant to regulation.
The elected body of primary trade-union organization (trade-union representative) reveals to the proprietor or an organ about the accepted decision in writing in a three-day term after his acceptance is empowered by him. It is considered in the case of admission of this term, that the elected body of primary trade-union organization (trade-union representative) gave a consent on dissolution of labour contract.
If a worker simultaneously is the member of a few primary trade-union organizations, which operate on an enterprise, in establishment, organization, a consent on his liberation is given by the elected body of that primary trade-union organization, to which a proprietor appealed or an organ is empowered by him.
The decision of the elected body of primary trade-union organization (trade-union representative) about the refusal in the grant of consent on dissolution of labour contract must be обґрунтованим. In case if in the decision there is no обґрунтування refusal in the grant of consent on dissolution of labour contract, a proprietor or organ empowered by him has a right to free a worker without the consent of the elected body of primary trade-union organization (trade-union representative).
A proprietor or organ empowered by him has a right to tear a labour contract not пізніш as in a month from the day of receipt of consent of the elected body of primary trade-union organization (trade-union representative).
If dissolution of labour contract with a worker is conducted by a proprietor or organ empowered by him without the address to the elected body of primary trade-union organization (trade-union representative), a court stops realization in business, asks the consent of the elected body of primary trade-union organization (trade-union representative) and after its receipt or refusal of the elected body of primary trade-union organization (trade-union representative) in the summer residence of consent on liberation of worker (part first of this article) examines a dispute in essence.
(With the amendments and supplements, borne pursuant to the decrees of Presidium
Supreme Soviet of Ukrainian SSR from 24.01.83 N 4617-X,
from 27.06.86 N 2444-XI,
from 27.05.88 N 5938-XI;
By Law of Ukrainian SSR from 20.03.91 N 871-XII;
by the laws of Ukraine from 18.02.92 N 2134-XII,
from 16.12.93 N 3719-XII,
from 19.01.95 N 6/95-ВР,
from 05.04.2001 N 2343-III,
from 10.07.2003 N 1096-IV)
Article 43 of a 1. Dissolution of labour contract on initiative
proprietor or organ empowered by him without
previous consent of the elected body of primary trade-union organization (trade-union representative)
Dissolution of labour contract on initiative of proprietor or organ empowered by him without the consent of the elected body of primary trade-union organization (of trade-union representative) is assumed in cases:
liquidations of enterprise, establishments, organizations;
unsatisfactory result of the test conditioned at the hire for job;
liberation from суміщуваної work in connection with the hire for job of other worker which is not сумісником, and also in connection with limitations on work holding two jobs, foreseen by the legislation;
renewal on the robot of worker, which earlier executed this work;
liberation of worker which is not the member of primary trade-union organization, that operates on an enterprise, in establishment, organization;
liberation from an enterprise, establishment, organization, where no primary trade-union organization is ;
liberation of leader of enterprise, establishment, organization (branch, representative office, separation and other separated subsection), his deputies, chief accountant of enterprise, establishment, organization, his deputies, and also official persons of custom organs, state tax inspections, to which the personal ranks, and official persons of government control-revision service and organs of state control, are appropriated after prices; leading workers, which are elected, is become firmly established or is assigned for positions by state organs, organs of local and regional self-government, and also public organizations and other associations of citizens;
liberation of worker, which accomplished after job theft (in that number shallow) of property of proprietor, set by the sentence of court, that collected legal force, whether by the decision of organ, to jurisdiction of which imposition of administrative penalty or application of measures of the public influencing enters.
The legislation can foresee other cases of dissolution of labour contract on initiative of proprietor or organ empowered by him without the consent of the proper elected body of primary trade-union organization (of trade-union representative).
(to position of indention sixth of part first of the article 43 1 official interpretation in obedience to the decision of Constitutional Court of Ukraine is given from 29.10.98 N 14-рп/98)
(It is complemented by the article 43 1 pursuant to
By the law of Ukraine from 18.02.92 N 2134-XII;
with the amendments and supplements, borne pursuant to
by the laws of Ukraine from 19.11.93 N 3632-XII,
from 16.12.93 N 3719-XII,
from 19.01.95 N 6/95-ВР,
from 10.07.2003 N 1096-IV)
Article 44. Discharge pay
At stopping of labour contract from the grounds marked in the point 6 of the article 36 and points 1, 2 and 6 articles 40 of this Code, to the worker are paid discharge pay in a size not less average monthly earning; in the case of appeal or entry on military service, of direction on alternative (невійськову) service (point 3 of the article 36) - in size of two wages; as a result of violation by a proprietor or organ of legislation empowered by him about labour, collective or labour agreement (of the article 38 and 39) - in the size foreseen by a collective agreement, but not less three months average earning.
(With the amendments and supplements borne pursuant to Decree of Presidium
Supreme Soviet of Ukrainian SSR from 27.05.88 N 5938-XI;
By Law of Ukrainian SSR from 20.03.91 N 871-XII;
by the laws of Ukraine from 15.12.93 N 3694-XII,
from 19.01.95 N 6/95-ВР,
from 24.12.99 N 1356-XIV,
from 11.05.2007 N 1014-V;
in the release of Law of Ukraine from 28.12.2007 N 107-VI)
(changes borne by the point 96 of section of an II Law of Ukraine from 28.12.2007 N 107-VI, it is acknowledged such, that Constitutions of Ukraine (are unconstitutional) do not answer , in obedience to the decision Constitutional Court of Ukraine from 22.05.2008 N 10-рп/2008)
Article 45. Dissolution of labour contract with a leader on call of the elected body of primary trade-union organization (trade-union representative)
On call of the elected body of primary trade-union organization (of trade-union representative) a proprietor or organ empowered by him must tear a labour contract with the leader of enterprise, establishment, organization, if he violates the legislation about labour, about collective agreements and agreements, Law of Ukraine "About trade unions, their rights and guarantees of activity".
If a proprietor either is empowered by him organ or a leader, in relation to which the requirement is produced about dissolution of labour contract, does not agree with this requirement, he can appeal the decision of the elected body of primary trade-union organization (trade-union representative) to the court in a two-week term from the day of receipt of decision. In this case implementation of requirement about dissolution of labour contract is stopped to taking away of cramps of decision.
In the case when the decision of the elected body of primary trade-union organization (trade-union representative) is not executed and not appealed in the noted term, the elected body of primary trade-union organization (trade-union representative) in the same term can appeal to the court activity or inactivity of public servants, organs, to jurisdiction of which dissolution of labour contract with the leader of enterprise belongs, establishment, organization.
(In the release of Decree of Presidium of Supreme Soviet
Ukrainian SSR from 27.05.88 N 5938-XI;
Law of Ukrainian SSR from 20.03.91 N 871-XII;
laws of Ukraine from 19.01.95 N 6/95-ВР,
from 05.04.2001 N 2343-III;
with the changes borne pursuant to
By the law of Ukraine from 10.07.2003 N 1096-IV)
Article 46. Removal from work
The removal of workers from work by a proprietor or organ empowered by him is assumed in time: appearances at work in the drunk state, in the state of narcotic or toxic intoxication; waivers or deviations of obligatory medical reviews, of studies, to instructing and verifications of knowledges from a labour protection and fire-guard; in other cases foreseen by the legislation.
(In the release of Law of Ukraine
from 19.01.95 N 6/95-ВР)
Article 47. Duty of proprietor or organ empowered by him to conduct a calculation with a worker and give out him a labour book
Proprietor or an organ obliged is empowered by him in the day of liberation to give out to the worker the properly designed labour book and conduct with him a calculation in the terms marked in the article 116 of this Code.
In the case of liberation of worker on initiative of proprietor or organ empowered by him he is under an obligation also in the day of liberation to give out him the copy of order about liberation from work. In other cases of liberation the copy of order is given out on call of worker.
(With the additions borne pursuant to Decree of Presidium
Supreme Soviet of Ukrainian SSR from 29.07.81 N 2240-X)
Article 48. Labour books
A labour book is a basic document about labour activity of worker.
Labour books are conducted on all workers, which work on an enterprise, in establishment, organizations or at a physical person over five days. Labour books are conducted also on supernumerary workers subject to the condition, if they are subject to obligatory state social security.
To the workers, that become on work first, a labour book is designed not later than five days after the hire for job.
To the labour book information about work, encouragement and rewards for successes in work on an enterprise is brought, in establishment, organization; information about the penalty to her is not brought.
The order of conduct of labour books is determined by Cabinet of Ministers of Ukraine.
(With the amendments and supplements, borne pursuant to
by the laws of Ukraine from 19.06.97 N 374/97-ВР,
from 24.12.99 N 1356-XIV,
from 16.01.2003 N 429-IV)
Article 49. Delivery of certificate about work and wages
Proprietor or an organ obliged is empowered by him to give out to the worker on his requirement a certificate about his work on this enterprise, in establishment, organization with pointing of speciality, qualification, of position, time of work and wages rate .
Head III-А
PROVIDING OF EMPLOYMENT OF THE FREED WORKERS
(It is complemented by the head ІІІ-А pursuant to Decree of Presidium
Supreme Soviet of Ukrainian SSR from 27.05.88 N 5938-XI)
Article 49 1. Eliminated.
(With the changes borne pursuant to Law
Ukrainian SSR from 20.03.91 N 871-XII;
eliminated pursuant to Law of Ukraine from 05.07.95 N 263/95-ВР)
The article 49 is a 2. Order of freeing of workers
About a next freeing of workers personally warn not later than two months.
At freeing of workers in cases of changes in organization productions and labours an overwhelming right to abandonment at work is taken into account, foreseen by the legislation.
Simultaneously with warning about liberation in connection with the changes in organization productions and labours a proprietor or organ empowered by him offers to the worker other work on that enterprise, in establishment, organization. In default of work after the proper profession or speciality, and also in the case of waiver of worker of translation on other work on that enterprise, in establishment, organizations worker, after the discretion, appeals for help to government service of employment or працевлаштовується independently. At the same time a proprietor or organ empowered by him notifies government service of employment about a next freeing of worker with pointing of his profession, speciality, qualification and size of payment of labour.
Government service of employment offers to the worker work in that or other locality after his profession, speciality, qualification, and at its absence - carries out the selection of other work taking into account the individual wishes and public necessities. It can be directed at a necessity a worker, after his consent, on studies to a new profession (specialities) with a next grant to him works.
(With the changes borne pursuant to Law
Ukrainian SSR from 20.03.91 N 871-XII;
By the law of Ukraine from 05.07.95 N 263/95-ВР)
Article 49 3. Eliminated.
(In the release of Law of Ukrainian
SSR from 20.03.91 N 871-XII;
eliminated pursuant to Law
Ukraine from 11.01.2001 N 2213-III)
The article 49 is a 4. Employment of population
Employment publicly by useful work of persons, which halted the labour relations from the grounds foreseen by this Code, at impossibility of their independent employment, is provided in accordance with Law of Ukraine "About employment of population".
Liquidation, reorganization of enterprises, change of patterns of ownership or partial stop of production, that result in reduction of quantity or state of workers, worsenings of terms of labour, can be carried out only after the done early grant to the trade unions of information through this question, including information about the reasons of next liberations, amount and categories of workers, which it can be up to, about the terms of conducting of liberation. A proprietor or organ empowered by him not later than three months since the decision-making conducts consultations with trade unions about measures on prevention of liberation or report of their amount to the minimum or softening of unfavorable consequences of some liberation.
Trade unions have a right to make suggestions to the proper organs about transference of terms or temporal stopping or abolition of the measures related to freeing of workers.
(It is complemented by the article 49 4 pursuant to
By the law of Ukraine from 20.03.91 N 871-XII;
with the additions borne pursuant to
By the law of Ukraine from 05.04.2001 N 2343-III)
(Кодекс законів про працю від 1971.12.10, "Кодекс законів про працю України")

Head IV
WORKING HOURS
Article 50. Norm of duration of working hours
Normal duration of working hours of workers can not exceed 40 hours for a week.
Enterprises and organizations at the collective bargaining can set the less norm of duration of working hours, than it is foreseen in part first of this article.
(With the changes borne pursuant to Law of Ukrainian
SSR from 20.03.91 N 871-XII;
By the law of Ukraine from 17.11.93 N 3610-XII)
Article 51. Brief duration of working hours
Brief duration of working hours it is set:
1) for workers in age from 16 to 18 years - 36 hours for a week, for persons in age from 15 to 16 years (students in age from 14 to 15 years, which work in the period of vacations) - 24 hours for a week.
Duration of working hours of students which work during a school year in time spare from studies can not exceed the half of maximal duration of working hours, foreseen in an indention first of this point for the persons of the proper age;
2) for the workers, of busy at works with the harmful terms of labour, - no more than 36 hours for a week.
List of productions, workshops, professions and positions with the harmful terms of labour, work in which gives a right to brief duration of working hours, becomes firmly established in the order set by the legislation.
In addition, the legislation sets brief duration of working hours for the separate categories of workers (teachers, doctors and other).
Brief duration of working hours can be set due to the personal funds on enterprises and in organizations for women which have children under age fourteen years or child-invalid.
(With the amendments and supplements borne pursuant to Decree of Presidium
Supreme Soviet of Ukrainian SSR from 19.05.89 N 7543-XI;
By Law of Ukrainian SSR from 20.03.91 N 871-XII;
By the law of Ukraine from 05.07.95 N 263/95-ВР)
Article 52. Five-day and шестиденний workweek and duration of everyday job
For workers duration of everyday job (changes) is set five-day workweek with two week ends. At a five-day workweek is determined by the rules of internal labour order or graphs of changeable, which are asserted by a proprietor or an organ on the concordance with the elected body of primary trade-union organization (by the trade-union representative) of enterprise, establishment, organization with inhibition of the set duration of workweek (of the article 50 and 51 is empowered by him).
On those enterprises, in establishments, organizations, where after character of production and terms of work of introduction of five-day workweek is inadvisable, duration of everyday job is set шестиденний workweek with one day. off At a шестиденному workweek can not exceed 7 hours at an a week norm 40, about 6 hours at an a week norm 36 hours and 4 hours at an a week norm 24 hours.
Five-day or шестиденний workweek is set by a proprietor or organ empowered by him jointly with the elected body of primary trade-union organization (by a trade-union representative) taking into account the specific of work, of opinion of labour collective and on the concordance with local Advice of folk deputies.
(With the amendments and supplements, borne pursuant to the decrees of Presidium
Supreme Soviet of Ukrainian SSR from 24.01.83 N 4617-X,
from 27.05.88 N 5938-XI;
by the laws of Ukraine from 17.11.93 N 3610-XII,
from 10.07.2003 N 1096-IV)
Article 53. Duration of work in канун festive and non-working and initial days
In канун day-offs festive and the article 73( duration of work)of workers except for,the workers of marked in,the article 51 of this Code grows short on one hour both at five-day and at a шестиденному workweek.
In канун week ends duration of work at a шестиденному workweek can not exceed 5 hours.
(With the changes borne pursuant to Law
Ukrainian SSR from 20.03.91 N 871-XII;
By the law of Ukraine from 17.11.93 N 3610-XII)
Article 54. Duration of work in a night-time
During work in a night-time the set duration of work (changes) grows short on one hour. This rule does not spread on workers, which reduction of working hours is already foreseen for (point 2 of part first and part third of the article 51).
Duration of nightly work is evened with daily in those cases, when it is needed after the terms of production, in particular in continuous productions, and also at variable works at a шестиденному workweek with one day off.
Time from a 10 o'clock of evening a to 6 o'clock of morning is considered nightly.
(With the changes borne pursuant to Law
Ukrainian SSR from 20.03.91 N 871-XII)
Article 55. Prohibition of work in a night-time
Bringing in to work in a night-time is forbidden:
1) expectant mothers and women, that have children under age three years (the article 176);
2) persons, more junior eighteen years (the article 192);
3) other categories of the workers foreseen by the legislation.
Work of women in a night-time is shut out, except for the cases foreseen by the article 175 of this Code. of Robot of invalids in a night-time is assumed only after their consent and on condition that it does not conflict with medical recommendations (the article 172).
(With the changes borne pursuant to Decree of Presidium
Supreme Soviet of Ukrainian SSR from 30.10.87 N 4841-XI;
By Law of Ukrainian SSR from 20.03.91 N 871-XII)
Article 56. Half-time
On the agreement between a worker and proprietor or organ empowered by him can be set both at the hire for job and afterwards incomplete workday or incomplete workweek. On the request of expectant mother, woman which has a child under age fourteen years or child-invalid, in that number such, that is on its care or carries out the care of sick family member in accordance with a medical conclusion, proprietor or an organ obliged is empowered by him to set to her incomplete workday or incomplete workweek.
Payment of labour in these cases is carried out to the proportionally worked time or depending on making.
Work subject to the conditions half-time does not result in some limitations of volume of labour rights for workers.
(With the changes borne pursuant to Decree of Presidium
Supreme Soviet of Ukrainian SSR from 30.10.87 N 4841-XI;
By Law of Ukrainian SSR from 20.03.91 N 871-XII)
Article 57. Beginning and ending of work
Time of beginning and ending of everyday job (changes) is foreseen by the rules of internal labour order and graphs of changeable in accordance with the legislation.
Article 58. Work by the changes
At variable works workers are alternated in the changes evenly in the order set by the rules of internal labour order.
Transition from one change in other, as a rule, is to take place in every workweek at o'clock certain by the graphs of changeable.
Article 59. Interruptions between the changes
Duration of interruption in work between the changes is to be not less double duration of time of work in the previous change (including time of interruption on dinner).
Setting of worker on work during two changes підряд is forbidden.
(Кодекс законів про працю від 1971.12.10, "Кодекс законів про працю України")

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