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Telecommuting adjustments to Ukrainian labour legislation

December 2020 – Ukraine’s parliament is set to proceed with the second and hopefully final reading of the Telecommuting Bill No. 4051 (the "Bill"), which has been introduced in response to the Covid-19 pandemic to clarify the labour law regulations for employees working from home. We expect parliament to proceed with its second reading promptly in the New Year.

The most notable changes for businesses proposed by the Bill are as follows:

  • the regimes for telecommuting and remote work shall be clearly delineated to eliminate legal uncertainties between these two types of flexible work arrangements;
  • the flow of documentation between the employer and employee under the rules for the telecommuting work regime shall be limited to electronic means of communication only;
  • the daily working schedules of each telecommuting employee shall be fully adaptable as per his/her arrangement with the employer;
  • the employer shall be authorised to implement the fully flexible telecommuting work regime at the company upon giving a two-month prior notice to its employees;
  • both parents of a child shall be allowed to volunteer for the telecommuting work regime until their child becomes six years old;
  • an employee who might have been mistreated at his/her workplace shall be allowed to volunteer for the telecommuting work regime; and
  • employees working on either the telecommuting or remote work regime shall be fully liable for any damage caused to the equipment/tools provided to them to perform their work.

Once the Bill becomes law, employers will be required to adjust their corporate documents accordingly.

For more information please contact Olexander Martinenko, Partner, at

e-mail

, and Yulia Eismont, Associate, at .