On 12 June 2016, Law of Ukraine No. 367-VIII "On Amendments to the Labor Code of Ukraine On Establishment of Probation", dated 17 May 2016, came into effect (the "Law").  The Law has introduced: new categories of employees who cannot be subject to a probation period and the procedure for termination of an employee who has not passed probation.

Establishment of probation

Under the Law, in addition to the existing categories of employees who cannot be subject to a probation period, an employer cannot place the following categories of persons on probation: (i) persons elected to office; (ii) winners of a competition for vacant positions; (iii) persons who have completed an internship before the hiring; (iv) pregnant women; (v) certain categories of single mothers; and (vi) certain categories of employees hired for a fixed term, among others.

In addition, according to the Law, the days on which an employee was not actually at work for any reason do not count towards the length of a probation period.  Previously, this exception applied only to the days when the employee was absent from work due to temporary disability or on other justifiable grounds.

Termination due to failure to pass probation

The Law also establishes a procedure for termination of an employee who has not passed probation.  To terminate such an employee, the employer must notify the relevant employee in writing three days prior to the termination.  Additionally, the Law has established a new ground for employee termination at the initiative of the employer: failure to pass probation.

Additional notes

This LEGAL ALERT is issued to inform Baker & McKenzie clients and other interested parties of legal developments that may affect or otherwise be of interest to them. The comments above do not constitute legal or other advice and should not be regarded as a substitute for specific advice in individual cases.