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26.05.2023 22:11

The Code of Labor Laws of Ukraine provides a list of reasons when an employer can fire an employee on his own initiative.

The dismissal order must include a reference to the article of the above-mentioned law under which you are dismissed. Since you are required to familiarize yourself with this order, you will know the reason for your dismissal.

According to the requirements of Article 40 of the Labor Code, an employment contract concluded for an indefinite period, as well as a fixed-term employment contract before the expiration of its validity period, can be terminated by the employer only in the following cases:

  • changes in the organization of production and work, including liquidation, reorganization, bankruptcy or repurposing of an enterprise, institution, organization, reduction in the number or staff of employees;

  • revealed inadequacy of the employee to the position held or the work performed due to insufficient qualifications or a state of health that prevents the continuation of this work, as well as in the case of refusal to grant admission to state secrets or cancellation of such admission, if the performance of the duties assigned to him requires access to state secrets;

  • systematic non-fulfillment by the employee without good reason of the duties assigned to him by the employment contract or the rules of the internal labor procedure, if disciplinary sanctions were previously applied to the employee;

  • absenteeism (including absence from work for more than three hours during the working day) without valid reasons;

  • failure to report to work for more than four months in a row due to temporary incapacity, not counting maternity leave, unless the legislation establishes a longer period of retention of the workplace (position) in the event of a certain illness. For employees who have lost their ability to work due to an occupational disability or occupational disease, their place of work (position) is retained until their ability to work is restored or their disability is established;

  • reinstatement of an employee who previously performed this job;

  • appearing at work in a drunken state, in a state of narcotic or toxic intoxication;

  • committing theft (including small) of the employer's property at the workplace, established by a court verdict that has entered into force, or by a decision of a body whose competence includes the imposition of an administrative fine;

  • draft or mobilization of an employer - a natural person during a special period;

  • establishment of the employee's incompatibility with the position he was hired for or the work performed during the probationary period.

26.05.2023 21:57

Usually, in order for law enforcement officials to be able to enter your home and check electronic devices without your consent, they need a ruling from the investigating judge.

As for SBU employees, in accordance with Article 25 of the Law of Ukraine "On the Security Service of Ukraine", SBU employees have the right to prosecute persons suspected of having committed them, exclusively in the case of immediate termination of criminal offenses, the investigation of which is assigned by law to the competence of the Security Service of Ukraine * enter dwellings, service, production and other premises, territories and land plots and inspect them in accordance with the procedure stipulated by the Criminal Procedure Code of Ukraine*.

And therefore, in accordance with the above, guided by the requirements of the Criminal Procedure Code of Ukraine, in order to enter your home and check electronic devices, SBU employees also need a decision of the investigating judge.

If you did not give your consent to enter your home, and the SBU employees did not present the decision of the investigating judge, then these actions were illegal.

The law provides for only a few cases when law enforcement officers can enter your home without a warrant from the investigating judge:

  • in cases related to saving lives and property;

  • in connection with the direct prosecution of persons suspected of committing a criminal offense.

26.05.2023 19:58

YES, you can report to the police.

The threat of physical violence is covered by the composition of the criminal offense provided for in Part 1 of Art. 129 of the Criminal Code of Ukraine - a threat to kill, if there were real reasons to fear the execution of this threat.

Importantly! Responsibility arises only if there are real reasons to fear the actions specified in the threats.

Liability for the following actions: arrest for a term of up to six months or restriction of liberty for a term of up to two years.

26.05.2023 16:42

According to Part 3 of Article 286-1 of the Criminal Code of Ukraine, violations of the rules of road traffic safety or operation of transport by a person who drives a vehicle in a state of alcohol intoxication, which caused the death of the victim, are punishable by imprisonment for a term of five up to ten years with deprivation of the right to drive vehicles for a period of five to ten years.

25.05.2023 23:36

From May 1 to September 30, subsidies for the non-heating period are recalculated in Ukraine. Most consumers will automatically receive a recalculation using the information available in the Pension Fund.

However, this applies only to those who have not experienced changes in their property status or family composition. If there have been changes, subsidy recipients must contact the Fund within 30 days.

Some persons are obliged to apply for a subsidy for the non-heating period. This applies, in particular, to consumers of houses where displaced persons live, as well as to persons who rent housing.

25.05.2023 23:30

You are given the opportunity to take advantage of the subsidy, which can be issued if the average monthly income of your family, calculated for one person, does not exceed UAH 3,760 during the last six months. This defined "threshold" of income is valid during 2023 for receiving social benefits.

In addition, the subsidy, taking into account the average monthly income, is provided to the following categories of persons:

  • To persons who have special merits to the Motherland, as well as family members of a deceased person with special merits to the Motherland.

  • To pensioners who previously worked as teachers, doctors, pharmacists, plant protection specialists, library workers in rural areas and urban settlements.

  • To persons who live in rural areas and urban-type settlements and work or previously worked in museums, state and communal cultural institutions, as well as educational institutions in the field of culture.

For these categories of citizens, the state guarantees a 100% discount on the payment of communal services.

50% discount provided for:

  • to large families, family-type orphanages, foster families, guardian families;

  • to parents and family members of private and senior members of the civil defense service who died (died) or went missing during the performance of official duties;

  • persons dismissed from the civil protection service due to age, illness or seniority, and who became disabled during the performance of official duties, and their family members;

  • to the wife (husband) of deceased citizens from among participants in the liquidation of the consequences of the accident at the Chernobyl NPP and to the guardians of children (for the duration of guardianship) of deceased citizens from among the participants in the liquidation of the consequences of the accident at the Chernobyl NPP, who belonged to category 3, and whose death is connected with Chornobyl disaster;

  • families with a child with a disability;

  • war participants;

  • to certain categories of persons, from among the victims of Nazi persecution.

Children of war are entitled to a 25% discount.

25.05.2023 23:17

The applicant has the right to appeal to the court the decision of the authorized body regarding the amount of the assigned subsidy or the refusal to assign a housing subsidy.

If the court decision is not in your favor, you have the right to appeal it in the court of appeal.

The rules for filing an appeal and the requirements for its form are defined in Section III of the CAS of Ukraine.

In the appeal, the following are indicated:

  1. name of the appellate court to which the complaint is filed;

  2. name of the court of first instance that made the decision, case number and date of decision;

  3. full name (for legal entities) or first name (surname, first name and patronymic) (for individuals) of the person who files an appeal, his location (for legal entities) or place of residence or stay (for individuals individuals), postal code, identification code of a legal entity in the Unified State Register of Enterprises and Organizations of Ukraine, registration number of the taxpayer's registration card (for individuals) if available or passport number and series for individuals - citizens of Ukraine, numbers of means of communication and e-mail address, official e-mail address, if available;

  4. full name (for legal entities) or name (surname, first name and patronymic) (for individuals) of other participants in the case, their location (for legal entities) or place of residence or stay (for individuals);

  5. requirements of the person filing an appeal to the court of appeal;

  6. substantiation of the claims of the person who filed the appeal, indicating the incorrectness or incompleteness of the research of the evidence and the establishment of the circumstances in the case and (or) the application of the rules of law;

  7. if necessary - a request by the person filing an appeal to demand new evidence, to call witnesses, etc.;

  8. the date of receipt of a copy of the court decision of the court of first instance, which is being appealed;

  9. list of attached materials.

An appeal may contain a request by a person to consider the case with his participation. In the absence of such a petition, it is considered that the person does not wish to participate in the court session of the court of appeal.

If new evidence that was not provided to the first-instance court is presented in the appeal, it shall state the reason why this evidence was not provided.

The following are attached to the appeal:

  1. a document on the payment of a court fee;

  2. copies of the appeal in accordance with the number of participants in the case;

  3. copies of the written materials attached to the appeal, which are missing from the participants in the case, according to the number of participants in the case;

  4. evidence confirming the date of receipt of a copy of the contested judgment of the court of first instance, if available.

If the appeal is filed by a person exempted from paying the court fee in accordance with the law, it shall state the reasons for the exemption from paying the court fee.

An appeal is submitted directly to the court of appeal.

25.05.2023 23:10

No, an employer cannot fire an employee for leaving the union. Participation in a trade union organization is voluntary and a person can leave the trade union at his own will at any time without giving reasons.

25.05.2023 22:53

Article 45 of the Constitution of Ukraine guarantees every employee the right to rest.

It is necessary to study the employment contract, HOWEVER, in accordance with Art. 70 of the Code of Labor Laws, the duration of weekly uninterrupted rest must be at least forty-two hours. In addition, during the summary accounting of working hours, work schedules (shifts) must be developed in such a way that the duration of a break in work between shifts is not less than twice the duration of work time in the previous shift (including a lunch break) (Part 1 of Article 59 of the Labor Code)

Assigning an employee to work for two consecutive shifts is prohibited. (Part 2 of Article 59 of the Labor Code)

25.05.2023 22:43

Family members of soldiers who are missing or captured are entitled to social protection. In case of disappearance of servicemen, relatives can receive financial support, which includes wages and one-time additional payments from the moment of their capture until the completion of treatment, if there is a need for medical assistance after return. Family members of missing persons can also receive payments from the moment the cause of disappearance is established and throughout this period, if the reasons for the disappearance are justified.

"Hotline" of the Ministry of Defense of Ukraine: 0-800-500-442