Notwithstanding that 2012 did not become the year of adoption of the long awaited new Labour Code it was marked with enactment of several important laws in the labour law area, including the Law on Amending Certain Laws of Ukraine Related to Preventing and Combating Corruption. This Law resulted in amending Article 41 of the Labour Code with a new legal ground for an employee dismissal at the employer’s initiative, namely for working under direct supervision of the close person in the meaning of the Law on Preventing and Combatting Corruption.
The most important act adopted in 2012 in the employment area Important Changes in the Ukrainian Labour Legislation in 2012 is the Law on Employment dated 5 July 2012 (the “New Law on Employment”), which comes into effect as of 1 January 2013.
The other statute directly affecting the labour law area is the Law on Amending the Law of Ukraine on Personal Data Protection dated 20 November 2012 (the “Amending Law”), which came into force on 20 December 2012. On 1 July 2012, the Law on Amending Certain Laws of Ukraine Regarding Increasing Liability for Violating the Personal Data Protection Legislation dated 2 June 2011 came into force. The Law provides serious penalties for companies found in breach of the Law on Personal Data Protection (e.g. criminal liability of Important Changes in the Ukrainian Labour Legislation in 2012 the companies’ officers for unlawful collecting, storing, using, destroying and transferring confidential information about a person (i.e. personal data), or for unlawful modification of such information).
In 2012 the parliament passed several laws aimed at strengthening the role of the employers and the other stakeholders in shaping the state policy in the labour and employee social benefits area, including the Law on the Employers’ Associations, their Rights and Guaranties of their Activity and the Law on Amending Certain Laws of Ukraine to Bring Them Into Conformity with the Law on Social Dialogue in Ukraine. In addition, a number of Important Changes in the Ukrainian Labour Legislation in 2012 legislative acts were amended to guarantee a unified definition in the Ukrainian legislation of the parties to the collective bargaining.
The parliament also enacted the Law on Preventing and Combating Discrimination in Ukraine to ensure equal opportunities for exercising human rights and freedoms, including in the employment area.
Various state agencies have passed a number of regulations concerning regulation of the overtime work, business trips, labour law compliance inspections, labour safety, data protection, and other important employment law issues.