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Written Agreements

In Ukraine, employment contracts are generally concluded in writing. Written employment contracts are mandatory in the following cases:

• When the employer organizes recruitment of employees
• When concluding an employment contract for work in areas with special natural geographical and geological conditions and conditions of increased health risk
• In cases where the employee insists on concluding an employment contract in writing
• When concluding an employment contract with a minor
• When concluding an individual employment contract
• When concluding an employment contract for remote (home) work
• When concluding an employment contract with non-fixed working hours

Martial law is in effect in Ukraine from March 2022. Under this regime, the norms of Law of Ukraine "On the Organisation of Labour Relations Under the Martial Law" prevail over the norms of the Labor Code. Written contracts are not mandatory, and the form of an employment contract is determined by mutual agreement of the parties.

Oral Agreements

The Ukrainian Labor Code does not universally mandate the use of written contracts. However, written employment contracts are mandatory in several statutorily defined circumstances.

Martial law is in effect in Ukraine from March 2022. Under this regime, the norms of Law of Ukraine "On the Organisation of Labour Relations Under the Martial Law" prevail over the norms of the Labor Code. Written contracts are not mandatory, and the form of an employment contract is determined by mutual agreement of the parties.

Implied Agreements

The Ukrainian Labor Code does not contain provisions on implied employment contracts.

In Ukraine, the normal working hours cannot exceed 40 hours per week.

Reduced working hours are established by law for certain categories of employees:

• For employees aged 16 to 18 - 36 hours per week
• For persons aged 15 to 16 (and students aged 14 to 15 who work during the holidays) - 24 hours per week
• The working hours of students who work during the school year in their free time may not exceed half of the maximum working hours provided for above for persons of the appropriate age
• For employees engaged in work with harmful working conditions - no more than 36 hours per week.

Martial law is in effect in Ukraine from March 2022. Under this regime, the norms of Law of Ukraine "On the Organisation of Labour Relations Under the Martial Law" prevail over the norms of the Labor Code. The normal working hours can be increased to 60 hours per week for employees employed at critical infrastructure facilities. Reduced working hours can be increased to 40 per week. A 5-day or 6-day working week is established by the employer. The start and end time of daily work (shifts) is determined by the employer.

1st of January - The New Year Day; 7th of January - Christmas; 8th of March - International Women’s Day; 1st and 2nd of May - International Worker’s Day; 9th of May - Victory Day; 28th of June - Ukraine Constitution Day; 24th of August - Ukraine Independence; One day (Sunday) - Easter; One day (Sunday) - Trinity Day.

In Ukraine, the maximum length of the probationary period is 3 months for white-collar employees and 1 month for blue-collar workers. However, with the permission of the relevant trade union, the probationary period may be extended to 6 months. For certain statutorily prescribed categories of employees, a probationary period is not permitted.

Employers are obliged to serve employees with a 3-day prior notice in writing if an employee is to be dismissed for poor performance during the probationary period. Employees have the right to challenge such dismissals.

Martial law is in effect in Ukraine from March 2022. Under this regime, the norms of Law of Ukraine "On the Organisation of Labour Relations Under the Martial Law" prevail over the norms of the Labor Code. During martial law, employers can establish probationary period for all categories of employees.

Notice Period

In Ukraine, employees may voluntarily terminate an indefinite term employment contract after serving 2 weeks' written notice. When an employer is seeking to terminate an employee for economic or organizational reasons, the required notice period is at least 2 months. If the employee commits a gross violation of the employment contract, they may be dismissed without notice.

During a probationary period, an employer may cancel the employment contract by giving notice to the employee in writing at least 3 calendar days before terminating the contract.

Martial law is in effect in Ukraine from March 2022. Under this regime, the norms of Law of Ukraine "On the Organisation of Labour Relations Under the Martial Law" prevail over the norms of the Labor Code. Employees can terminate their employment contract without a notice in case of conduct of hostilities in the areas in which their workplace is located, and the existence of a threat to their life and health. It is also possible for employers to dismiss an employee during the period of temporary incapacity for work, as well as during the period of the employee's vacation by just specifying the date of dismissal which is the first working day following the date when a temporary inability to work or a vacation ends.

Severance Benefits

The Ukrainian Labor Code states that upon the termination of an employment contract for staff reduction or reorganization, the employee must be paid severance pay of at least 1 average monthly salary.

If the employment contract termination is due to the employer's violation of a labor law, collective agreement, or employment agreement, at least 3 months' average earnings is due as severance, although a collective agreement may stipulate a higher amount of severance. The termination of the employment contract of a corporate officer entitles the officer to 6 months' average salary of severance pay.

Martial law is in effect in Ukraine from March 2022. Under martial law, while employers must take all possible measures to ensure the realization of the right of employees to timely receipt of severance pay, they shall be exempted from liability for breach of the obligation regarding payment terms if they can prove that this breach occurred as a result of hostilities or other force majeure circumstances.

Minimum Wage

Under Ukrainian law, the parliament (Verkhovna Rada) establishes the minimum wage at the request of the Cabinet of Ministers at least once per year in the State Budget of Ukraine. The minimum wages are determined after taking into consideration proposals made by trade unions and employer groups.

The current monthly minimum wage is UAH 8,000 (Ukrainian hryvnia), effective January 1, 2025.

Overtime, Holiday & Vacation Pay

In Ukraine, the normal working hours cannot generally exceed 40 hours per week. Overtime is only allowed in certain statutorily prescribed cases.

An employee cannot be required to work more than 4 hours of overtime over 2 consecutive days and 120 hours of total overtime per year. Overtime work for unionized employees may be carried out only with the permission of the trade union. Overtime work is to be paid at a rate of at least double the normal hourly rate (200% of the normal wage rate).

Work on a public holiday must be compensated, with the consent of the employee, by providing another day off or 200% of the normal hourly wage in overtime.

Payment for annual leave must be made at least 3 working days before its start. The amount of annual leave pay is calculated by multiplying the average wages by the number of vacation days. At the request of the employee, part of the annual leave (above 24 calendar days) may be replaced by monetary compensation. Minors cannot be paid monetary compensation in lieu of basic or additional paid annual leave.

Under martial law that is in effect in Ukraine from March 2022, the restriction of 4 hours overtime within 2 days does not apply. There is no obligation to transfer the day off if it coincides with a holiday.

Visas

Ukrainian visas are issued under 3 general categories:

• Transit Visa (Type B): Stays may not exceed 5 days
• Short-term Visa (Type C): Stays may not exceed 90 days
• Long-term Visa (Type D): Stays exceeding 90 days

Ukraine has introduced a temporary visa-free entry regime for foreign employees of international medical or humanitarian organizations, funds or programs, and other organizations who arrive at the invitation of the Cabinet of Ministers of Ukraine to provide humanitarian aid to the population, except for citizens of a state recognized as an aggressor state. For the period of martial law and for 30 days after its abolition or termination, foreign nationals who arrived to Ukraine to work as correspondents or representatives of foreign media will not be subject to restrictions on the period of temporary stay in the territory of Ukraine.

Work Permits

Foreign nationals seeking to work in Ukraine must apply for a Long-term Visa (D) and obtain a Ukrainian residence permit. Employers apply for permits for their employees. Employees must be employed in a job that pays at least 10 times the minimum wage. Proof of sufficient funds is required. Permits are valid for 1 to 3 years, depending on the type of employment.

Ukraine has decided to issue temporary or permanent residence permits to foreign citizens (except those issued to Russian citizens) based on their previous permits for the period of martial law in the country and up to 30 days after its termination. They are obliged to submit documents for the exchange of such permits for temporary or permanent residence within 30 calendar days from the date of termination of martial law.