Draft bill #7731 of September 5, 2022 

Cosponsors: a group of 7 MPs from the Servant of the People faction with Halyna Tretiakova as the first signatory 

Status: adopted in full 

Who is affected: employees and employers 

Summary: 

  • new grounds for dismissing an employee were introduced. It is allowed to dismiss an employee if: 
    • a court decision came into force declaring the employee guilty of a crime committed against the foundations of national security of Ukraine (does not apply to cases with exoneration from serving a sentence with a probationary period) 
    • the employee failed to provide information about relatives living or registered in the territory of the aggressor state or in the temporarily occupied territories of Ukraine 
    • the employee disclosed information with limited access, including information that is a state or commercial secret, or confidential information about working conditions 
  • the requirements introduced by this law are to be applied at enterprises, institutions, and organizations that have strategic importance for the economy or security of the state and at objects and operators of critical infrastructure 
  • new grounds for suspending employees from work were also introduced: 
    • an employee is to be suspended while an official internal check is conducted by an employer recognized as an enterprise, institution, or organization of strategic importance for the economy or security of the state or as an object or operator of critical infrastructure. 

What is right: fewer collaborators will be able to apply for or work at critical infrastructure facilities. 

What is wrong: 

  • procedures and grounds for conducting the internal check are unclear 
  • there is no disciplinary action procedure 
  • the absence of a mechanism for an employer to conduct an official internal investigation to determine whether there are sufficient grounds for taking disciplinary action may lead to ambiguous interpretations of the law and abuses against the rights of the employees. 

Alternative solution: to provide clearly defined legal grounds and procedures for conducting special checks and internal disciplinary investigations.