Category: Uncategorized

Probation upon hiring is an agreement between the parties to verify the employee’s suitability for the job. In Ukraine, during the period of martial law, the Law “On Organization of Labor Relations Under Martial Law” No. 2136-IX is in effect, which expanded the employer’s possibilities (before martial law, there were categories of employees for whom a probation period was not established), but the requirements of the Labor Code (KzPP) regarding formalization and terms remain valid.

How to record the condition?

Art. 26 of the Labor Code requires: the probation period must be specified in the hiring order (instruction).

The best practice is a “triangle” of documents: the employee’s application with consent to probation, an order with a specific term, and a written agreement/contract (if applied).

Law No. 2136-IX allows the parties to determine the form of the employment contract by mutual consent (Part 1 Art. 2), but when the agreement is not recorded, it quickly turns into a dispute.

Terms.

According to Art. 27 of the Labor Code: up to 3 months, in exceptional cases — up to 6 months with the agreement of the elected body of the primary trade union organization. For workers (blue-collar) — not more than 1 month.

Separately: for persons liable for military service at enterprises critically important for defense, a limit of 45 calendar days is established (Part 3 Art. 2 of Law No. 2136-IX).

Days when the employee did not actually work, regardless of the reason, are not counted towards the probation period (Art. 27 of the Labor Code), so the actual completion date may shift.

Employee Rights.

During the probation period, the employee is subject to the same conditions as all other employees (Art. 26 of the Labor Code): remuneration, labor protection, sick leave, vacations, etc.

According to the general rule: transfer to another job (i.e., assigning an employee another labor function not provided for by the employment contract) is carried out only with their consent. Without consent — this is an exception that works not “when the manager needs it,” but when there is a threat to people or consequences of emergency events.
Otherwise, the transfer order easily turns into evidence in a labor dispute.

Temporary Transfer Under Art. 33 of the Labor Code (KzPP)

The employer has the right to transfer an employee without their consent for a period of up to one month to another job not stipulated by the contract if the following conditions are simultaneously met:

• the work is not contraindicated for the employee due to health reasons;
• the transfer is needed only to avert or eliminate the consequences of natural disasters, epidemics/epizootics, industrial accidents, and other circumstances that pose or may pose a threat to the life or normal living conditions of people;
• payment for the work performed — but not lower than the average earnings at the previous job.

Additionally, the law prohibits transferring without consent in such cases pregnant women, women with a child with a disability or a child under six years old, as well as persons under 18.

---

Transfer During Martial Law (Art. 3 of the Law of Ukraine “On Organization of Labor Relations Under Martial Law”)

During the period of martial law, the employer may transfer an employee without their consent to another job not provided for by the employment contract if:

• such work is not contraindicated due to health reasons;
• the transfer is carried out exclusively to avert or eliminate the consequences of hostilities or other circumstances that pose or may pose a threat to the life or normal living conditions of people;
• payment for the work performed is not lower than the average salary at the previous job.

The Draft Labor Code of Ukraine (Bill No. 14386), initiated by the Cabinet of Ministers of Ukraine, is an attempt to “reassemble” labor rules for the realities of the 2020s and move them away from the logic of the Labor Code (KzPP) of 1971. The idea is not to rewrite everything for the sake of rewriting, but to codify modern employment formats, make norms predictable, and reduce legal uncertainty in daily HR processes and labor disputes.

The Government and the Ministry of Economy, Trade and Agriculture of Ukraine report that the draft was prepared in a format of social dialogue and is aimed at approximating European Union standards through the implementation of over 30 directives (working time, transparent and predictable working conditions, work-life balance, occupational safety, etc.).

For the employee, this means clearer rules of the game and protection mechanisms, and for the employer — more understandable procedures and fewer “grey areas” that often end in prescriptions, fines, and courts.

Among the innovations declared by the draft:

• digitalization of labor relations (electronic documents are equated to paper ones, and an employment contract can be concluded in electronic form);
• systematization and expansion of types of employment contracts to legalize work formats that are already in use;
• introduction of signs of labor relations to distinguish them from civil law constructions and reduce the shadow economy;
• a more transparent approach to determining the minimum wage in monthly and hourly dimensions with a calculation formula consistent with international approaches;
• transition of labor inspection to a risk-oriented model with a focus on preventing violations and protecting the life and health of employees.

CMU Resolution No. 303 dated 13.03.2022 introduced a moratorium on most state supervision (control) measures during martial law.
However, CMU Resolution No. 121 dated 28.01.2026 did not “cancel inspections” but rewrote the exceptions: scheduled and unscheduled measures generally remain suspended, but the list of grounds for unscheduled inspections has become broader and more detailed.

BASIC GROUNDS THAT WORKED BEFORE:

• court decision;
• application of the business entity for an inspection “at its own request”;
• verification of compliance with a prescription/order issued based on the results of a previous measure.

NEW/CLARIFIED EXCEPTIONS WHEN AN UNSCHEDULED INSPECTION IS POSSIBLE:

• instruction of the Prime Minister of Ukraine in connection with systemic violations and/or an event with a significant negative impact on human rights, the environment, or state security;
• presence of a threat to life or health, the environment, or state security;
• fulfillment of Ukraine’s international obligations;
• accident, fire, death, or severe accident/occupational disease related to the enterprise’s activity;
• verification of license conditions when the threat is documentarily confirmed by an authorized body;
• by decisions of bodies shaping state policy in the relevant sphere.

In parallel, the “corridor” of spheres where control measures are allowed has been expanded: from regulated prices and consumer rights protection (including utilities) and food/veterinary safety — to subsurface use, land control, and retail trade in medicines and medical devices.
For business, this means: risks can come not only from a “classic” inspection but also from adjacent regulators.

---

WHAT DOES THIS MEAN FOR HR AND OCCUPATIONAL HEALTH AND SAFETY?

In focus are three triggers for the employer: unfulfilled prescriptions, employee complaints citing danger, and accidents. In these situations, the “moratorium” does not save: control becomes targeted and legally tied to a specific event.