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In Which Cases the Formalization of Remote Work Is Mandatory
Remote work in Ukraine is primarily regulated by Articles 24 and 60-2 of the Labor Code of Ukraine (KzPP). During the period of martial law, the Law of Ukraine “On the Organization of Labor Relations under Martial Law” also applies, which establishes special rules regarding the form of the employment contract.
Therefore, it is important to distinguish: when an employer is obliged to formalize remote work, and when they only can introduce it.
When the employer is obliged to formalize remote work:
The employer is obliged to formalize remote work when an employee demands a temporary transfer to remote work for a period of up to two months, if actions with signs of discrimination were committed against them at the workplace.
Important! The employer can refuse such a transfer if remote work is objectively impossible given the labor function or if the employee did not provide corroborating facts that discrimination, sexual harassment, or other forms of violence took place.
When the employer can formalize remote work:
- when the parties (employee and employer) have agreed on a remote form of work,
- during the threat of the spread of an epidemic or pandemic, the need for self-isolation of an employee in cases established by law, the threat of armed aggression or an emergency situation of a technogenic, natural, or other nature,
- for the period of remote learning of an employee’s child under 14 years of age in a general secondary education institution under a remote form of obtaining education in accordance with the order (instruction) of the head of such educational institution for the period of such learning.
for:
- pregnant women;
- employees who have a child under three years of age;
- those who care for a child under six years of age according to a medical conclusion;
- employees who have two or more children under 15 years of age or a child with a disability;
- parents or guardians of a person with a disability since childhood of subgroup A of group I.
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