On 12 June 2016 Law no. 1367-VIII "On Amendments to the Labor Code of Ukraine (Concerning the Probation Period)" dated 17 May 2016 (the Law) came into force.
The Law extended the list of persons to whom the probation period may not be established (Article 26 of the Labor Code of Ukraine), in particular:
- Internally displaced persons
- Pregnant women
- Single mothers with a child under 14 years old or a disabled child
- Winners of competitive selection for filling in a vacant position
- Persons elected for the position
- Persons who completed internship upon entry into employment and suspended their primary employment
- Persons who concluded a fixed term employment agreement for a period of 12 months or less
- Persons hired for temporary and seasonal works.
The Law also sets the procedure for dismissal notification during the probation period, in case of an established employee's inconsistency with the job for which he/she was employed. Now the employer is required to notify the employee of the dismissal in writing at least three days in advance. Previously, the employer was allowed to terminate the labor agreement during probation without giving any notice.
From our experience, if the employee fails to pass the probation period we would recommend that the employer complete a document confirming the results of the probation.
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