Legalisation of maids and gardeners: Zelensky signed the law
23 May 2024 14:11
President Volodymyr Zelenskyy has signed a law that regulates the employment of domestic workers in Ukraine, such as maids, cleaners, repairmen, gardeners, etc. This is evidenced by the card of Law No. 5695 on the website of the Verkhovna Rada.
Members of parliament adopted the document in the second reading on 28 April, with 231 MPs voting in favour.
According to the document, the Labour Code will be supplemented with a new section on “Labour of Domestic Workers”. A domestic worker will be defined as a person who “ensures the livelihood of the household” for at least 40 hours a month. In other words, the work of apartment cleaners invited by advertisements once a week does not fall under the definition of “domestic work”.
The employer will be considered one of the family members. He or she will need to conclude an employment contract with the employee in duplicate, which will include
- the full name and address of the employer and the employee;
- the place of work of the domestic worker;
- the date of commencement of the agreement and, in case of a fixed-term employment agreement (contract), the date of its expiry;
- type and scope of work of the domestic worker;
- the amount of wages, the method of calculation and the terms of payment;
- the duration of working hours and rest for a domestic worker, including the conditions for granting annual paid leave;
There are other important conditions. For example, a domestic worker will be prohibited from disclosing confidential information that he or she has become aware of due to living in the household.
A domestic worker’s working day may be divided into parts. The main thing is that the duration of work should not exceed 8 hours per day in total.
In addition to the mandatory terms of an employment contract, it may contain additional terms. For example, it may provide for the possibility of paid or free housing for a domestic worker. In this case, a guarantee is introduced to prohibit the employer from making deductions from wages to pay for the use of such housing (if the housing is paid for).
The employer must give at least 14 days’ notice of dismissal of a domestic worker, unless otherwise provided for in the employment contract.
Amendments to the contract may be made only with the consent of both parties and must be recorded in writing. In this way, a domestic worker will receive the rights and guarantees provided for by the Labour Code. However, compulsory state social insurance for domestic workers, as well as the maintenance of employment records, will be carried out on a voluntary basis.
No one under the age of 16 may be employed as a domestic worker.
