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
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
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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The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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