Ukraine: new termination locations and requirements

in short

Law of Ukraine of September 27, 2024 “On Amendments to the Labor Code of Ukraine Creating Additional Grounds for the Proactive Termination of Employment Agreements by the Employer and Certain Other Issues”, dated June 4, 2024 No. 3768-IX (“law“) (with certain exceptions) will come into force. Among other things, the Act details the rules applicable to internal labor regulations (“Employee Handbook“) and establish new grounds for termination.

• The Employee Handbook may include, among other things, rules regarding (a) employee confidentiality obligations and (b) terms of employment regarding confidential information (“information rules“).
• Information rules are mandatory for companies of strategic importance to the economy and security of objects or operators of national and/or critical infrastructure.
• The employer proactively proposed new grounds for dismissal due to the employee’s failure to comply with the information rules.

We recommend that Ukrainian employers consider the above legislative changes in their business activities and supplement the Employee Handbook with information rules to protect the company’s confidential information and to be able to rely on the new grounds for termination.

We would like to thank BakerMcKenzie colleague Anna Stepanowa for her cooperation with this alert.

Click here to read the Ukrainian version.