New conditions for probation period

On 17 May 2016, the Verkhovna Rada adopted changes to the Labour Code of Ukraine in relation to probation period.

Thus, the Law extended the list of categories of employees which are not subject to probation period. These include:

• individuals elected for the position;
• winners of a tender for the vacancy;
• individuals who had internship before admission to work with separation from main job;
• pregnant women;
• single mothers with a child under 14 years old or disabled child;
• individuals with whom a labour agreement is concluded for a term of up to 12 months;
• individuals for temporary or seasonal work;
• internally displaced persons.

In addition, the Law specifies that probation period does not include days when the employee was actually not working irrespective of any reason. Also, the employer has a mandatory obligation to notify the employee within three days about termination of a labour agreement due to failure to pass probation period or due to non-compliance of the employee to his/her position.

The Law becomes effective upon its signing by the President.