Ukrainian labour law

TEXT 1

Read and translate the text.

I. WARMING-UP

Write the words to complete the chart

V. OVER TO YOU

IV. WRITING

Write an essay using on of the topics:

1) Business-government partnerships, cooperation by government and certain types of businesses to further protection of intellectual property rights.

2) Intellectual property laws and corporations in Cyberspace.

3) Globalization in the coming decades.

civil		court
	law
criminal		school
magistrates'		action
	…
open		order
grand		service
	…
petty		box
under		work
	…
service		law
small		form
	…
legal		back

Unit 3 The Basic Aspects of Labour Law in Ukraine Section 1 Ukrainian Labour Law

1. Have you ever looked for a job? Have you already had a work experience or have been interviewed? What do you know about the procedure of employment? Speak about your experience. Use the synonyms of words and word combinations given below.

Шукати роботу – to look for a job

to seek employment

job-hunt

Особа, яка шукає роботу – job-seeker

Наймати - to hire

to employ

to recruit

2. Match English verbal expressions with their Ukrainian ones:

1) to proclaim major labour rights а) вимагати внесення поправок та змін у законодавство

2) to come into effect б) здійснювати тільки зі згоди

3) to be adjoined by innumerous acts в) укладати колективний договір

4) the working week shall not г) проголошувати головні трудові права

exceed

5) to permit overtime work д) доповнювати численними актами

6) to carry out only with the consent е) наділяти профспілки повноваженнями

7) to vest trade unions with powers ж) визначати межі поширення

8) to conclude a collective agreement з) дозволяти понаднормову працю

9) to call for amendment of и) робочий тиждень не може legislation перевищувати

10) to determine the borders of extension к) набувати чинності

Notes: Br.E: labour; Am.E: labor

Br.E: trade union; Am.E: labor union

Apart from the Constitution of Ukraine, which proclaims major labour rights and guarantees, the Labour Code of Ukraine (LCU) has remained the main source of Ukrainian Labour Law since 1972, the year when it came into effect. It has been adjoined by innumerous acts and subordinate legislation.

The LCU provides for the conclusion of an employment agreement between an employer and an employee as the basis of their employment relations. An employment agreement shall contain the following: the employee’s application and the relevant employer’s administrative order on employment; the execution of a written agreement by the parties and the actual start of work by the employee.

Ukrainian law distinguishes between an employment agreement and an employment contract. The latter is a particular form of the former that can provide for additional terms and conditions (e.g., additional grounds for employment termination and liabilities of the parties) as compared to the statutory requirements. Employment contracts can only be concluded with employees strictly specified by the law: as a rule, for private companies this refers only to a chief executive.

As basic work conditions the following major requirements are to be observed by an employer: the monthly wage of an employee shall not be less than a minimum wage established by law; the working week shall not exceed 40 hours;

overtime work is permitted only (1) under the circumstances provided for by the law, (2) upon the prior consent of a trade union (if any), (3) with a limited duration, and (4) with payment at double rates; the basic annual paid vacation of an employee shall not be less than 24 calendar days; transfer to another job, work at another company or in another location can be carried out only with the consent of an employee; changes in material work conditions (modification of the system and amount of labour remuneration, benefits, work regime, etc.) can be introduced upon provision of 2-months prior notice to an employee, etc.

Employees are entitled to join the trade unions. Ukrainian law vests trade unions with significant powers, namely: to conclude a collective agreement on behalf of the employees; to consider issues on introduction, revision and change of work norms, labour remuneration, additional payments and benefits; to consider the need for overtime work, issues on the dismissal of employees at the demand of the employer; to control the performance of employer’s obligations with regard to labour and labour protection law, etc.

In 2003 the Parliament accepted the new draft Labour Code as a basis. The bill is still being worked on. The latest draft determines the borders of extension of the labour law to relations with foreign participation, stipulates the rules of succession in employment relationship, the terms and conditions of employment of a chief executive, etc.

Дата добавления: 2014-11-20