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.