On 4 February 2021 the Draft Law No. 4051 aimed at enhancing legal regulation of remote work, work from home and flexible work regime was passed by the Verkhovna Rada of Ukraine in its second reading and as a whole (the Draft Law). The Draft Law amends the Labour Code of Ukraine and the Law of Ukraine on Labour Protection.
It differentiates between two separate forms of work arrangements – remote work and work from home. Each form has its own specifics in terms of legal regulation, namely:
- Work from Home:
- Employees` working places are fixed;
- Employees are covered by their company’s general working regime unless otherwise stipulated in their labour agreements;
- It is an employer’s obligation to provide employees with work equipment unless otherwise stipulated in their labour agreements;
- Employees are entitled to be reimbursed for expenses incurred due to the use of their own tools etc.
- Remote Work:
- Employees work out of the employer’s premises or territories, in any place as may be chosen by the employees and with information and communication technologies used;
- Employees may split their working hours at their own discretion and are not covered by their company’s internal labour regulations, unless otherwise stipulated in their labour agreements;
- Employees are guaranteed leisure time for them to have some rest (blackout time) etc.
- Labour protection and employees’ financial liabilities during remote work and work from home are now legally regulated;
- Should the threat of epidemic, pandemic spread arise and in some other cases, remote work, work from home and flexible work regime may be introduced by an employer’s order to be reviewed by an employee within 2 days upon its issue but before the introduction of new work arrangements. Complying with clause 3 of Article 32 of the Labour Code is not required!
- It is possible to make employees aware of necessary documents with the help of electronic means of communication;
- There are guarantees for some categories of employees enabling them to work on remote work and work from home terms, temporarily (up to 2 months) work in the remote mode if they experienced actions at their working places that may be classified as discriminating ones.
Should the Draft Law be signed by the President, it will enter into force on the day that follows its publishing.
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