Finding a dream job is a great happiness. You already have all the knowledge to find cool vacancies for yourself and successfully pass an interview. There is one more very important topic that we want to discuss with you – labor rights.
Unfortunately, you can often come across an unscrupulous employer who neglects the rights of the employee. So that you never get into such a situation, let’s talk about what labor rights you need to know and how to defend them in the workplace.
What are labor rights?
Labor rights are norms that regulate labor relations between an employer and an employee.
The first thing you should know: your labor rights are protected by the state and relevant laws. Labor legislation consists of the Code of Labor Laws of Ukraine (KZpP) and other acts adopted on its basis.
Therefore, if your rights are violated, this is a reason to ask for help or go to court.
Labor rights exist at the stage of hiring, during the performance of work tasks and if you decide to resign. Let’s consider each stage in more detail.
Labor rights during recruitment
Prohibition of discrimination
In the text of the vacancy, it is forbidden to indicate restrictions on the age of the candidate, to offer work only to women or men (if this is not provided for by the specifics of the job), and to request information about personal life.
Article 11 of the Law on Employment and Article 24 of the Law on Advertising tell us about this.
But, frankly speaking, most employers ignore this law and openly prescribe their restrictions. If you send a complaint to the State Production and Consumer Service of the Commissioner for Human Rights, such an employer may even be fined.
Should such vacancies be ignored? More likely no than yes. There can be quite good working conditions, and all possible options should be used.
There is a list of persons who are prohibited from refusing work
This group includes:
orphans
pregnant women
women with children up to 3 years old
single mothers with a child under 14 or a disabled child
youth sent due to the quota
persons with disabilities (if their health condition does not prevent them from performing their professional duties)
persons of pre-retirement age
This does not mean that you must be hired for a specific position without prior selection. But if you are refused only because you are an orphan or a pregnant girl, you have the right to appeal this decision in court. For this, a period of 3 months from the day of receiving the refusal is set aside. The legal basis is Article 233 of the Criminal Code.
Most likely, personal relations with such an employer will deteriorate during the legal proceedings and you will not want to work with him. And you can inspire other teenagers to defend their rights. In any case, remember the consequences of your actions and decisions. Because they will.
Do not give the originals of your documents for safekeeping
Remember that the original documents should always be kept only by you. If the employer asks for your documents (passport, identification number, diploma, etc.), make copies and hand them over only in exceptional cases.
Demand official employment
Official employment entitles you to all social guarantees:
paid annual leave of 24 calendar days
payment of sick leave
day off on public holidays or double pay for going to work on such a day
reduced working day or week due to harmful working conditions
leave due to pregnancy or childbirth
accrual of work experience
All conditions must be recorded in the acceptance order and staff list. Read these documents very carefully. If the information is reliable, put your signature on the documents.
Another option is to sign a civil law agreement. Under the terms of such an agreement, you will not be subject to the rules of the employer’s internal labor regulations. However, social guarantees and accrual of seniority are not provided for in this case.
Conditions of the probationary period
The trial period must be paid.
Its presence must be recorded in the employment contract or order.
The duration should not exceed 1 month for manufacturing occupations and 3 months for all other occupations.
You can be fired during your probationary period. But they have to warn you about it at least 3 days in advance.
The test cannot be established for young people, pregnant women, persons with disabilities and socially vulnerable persons.
The employer can offer free internship. If it’s a few days or a week, it might be worth agreeing. Although by law your work must be paid from the first day. Free internship is provided only for students undergoing internship.
Labor rights at the enterprise
The size of the salary and the terms of its payment
The amount of salary must be clearly recorded in the staff list. Make sure that such information is there. Otherwise, you will have nothing to refer to if conflict situations arise.
The amount of wages cannot be lower than the minimum established by the state. As of December 2021, it is 6,500 hryvnias. Any changes to the payment (increase or decrease) must be recorded in the staff list. If the employer plans to reduce your salary, he must notify you at least 2 months in advance.
You should be paid twice a month. Although we know cases when the payment was daily, weekly or once a month.
If at the time of hiring you agreed with the employer on one amount (and it is clearly written in the staff list), and he pays you less, this is a reason to defend your legal rights. It is necessary to contact the State Labor Service in order to bring the guilty persons to administrative responsibility. And also to the court so that he recognizes such actions as illegal and obligates him to pay the salary in full.
Hospitalized
If you are injured or sick and cannot perform your work duties, you are required to provide paid sick leave. The employer pays for the first 5 days of incapacity for work, and from the 6th day – the social insurance fund.
To get such help, you need to contact your family doctor. He fills out and issues a sick leave sheet, which must be handed over to the employer.
Vacation
You are entitled to paid annual leave. It lasts at least 24 calendar days. If your boss tells you to go on vacation at your own expense, know that your rights are being violated here and this is a reason to seek help.
The right to work from the age of 14
Yes, you have the right to work from the age of 14. However, with certain conditions: the work must be easy, not harm your health and not interfere with the educational process.
Additional benefits for certain categories
Pregnant women and women with children under 3 years of age have the right to additional social holidays. They are not allowed to work overtime, night shift or go on business trips. This right also extends to parents raising a child without a mother, guardians and adoptive parents.
Labor rights at the time of dismissal
Grounds for dismissal
The grounds for dismissal are:
consent of the parties (Article 36 of the Labor Code)
of your own free will (Article 38 of the Labor Code)
reduction (Article 40 of the Labor Code)
gross violations of labor regulations (Article 41 of the Labor Code)
Who cannot be exempted
This category includes pregnant women, women with children under 3 years old, single mothers with children under 14 years old or with a child with a disability. If the company is reducing the number of employees, then such women should be offered a vacancy in another company.
Terms of dismissal
With the agreement of the parties, you can be released even on the day of the decision.
If you resign voluntarily, you must notify your employer at least 14 days in advance (except for cases such as moving to a new place of residence, pregnancy, etc.).
In case of a reduction, you must be warned about it in 2 months. You must also receive benefits for at least 2 months of work.
Dismissal procedure
On the day of dismissal (the last working day), the employer must give you a copy of the dismissal order, make a settlement with you and make a corresponding entry in the labor book that is kept with you.
We really hope that this information will help you better understand your rights and know how to defend them.
Remember that our team also has lawyers who can advise you or help you in conflict situations. Contact us as soon as such support becomes relevant for you.
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