Ukraine plans to lift bans on women’s work
According to the explanatory note, its purpose is to strengthen the system of guarantees of legal protection of working women during pregnancy, childbirth and breastfeeding, to enshrine in law non-discrimination of pregnant women and nursing mothers, to improve the legal regulation of workers with children.
What is proposed to change?
In Art. 21 of the Labor Code to prescribe a ban on discrimination in employment on the grounds of pregnancy.
In Art. 40 of the Labor Code to clarify that the dismissal of an employee on the initiative of the owner or his authorized body during his temporary incapacity, as well as during the employee’s leave is not allowed in case of termination of the employment contract on the grounds provided for in paragraph 1 (except liquidation) , 2, 6, 11 of the first part of Article 40 of this Code.
In the new edition to state Art. 174 of the Labor Code. It will be entitled “Works that prohibit the employment of women, including pregnant women and women who are breastfeeding children under one and a half years of age”.
Exclude from the Labor Code:
Article 175, which restricts women’s work at night;
Article 176 on the prohibition of the involvement of pregnant women and women with children under the age of three in night work, overtime work, work on weekends and sending them on business trips.
Restrictions on involvement in night and overtime work, work on weekends, holidays and non-working days, referrals for business trips are proposed to be prescribed in the updated article. 177 of the Labor Code.
To supplement the Labor Code with a new Article 1781 “Guarantees for the period of passing the medical examinations recommended by a doctor in connection with pregnancy”. It states that a pregnant woman is released from work for the period of medical examinations recommended by a doctor during working hours. At the time of the medical examination of a pregnant woman, the average salary is maintained.
In Art. 179 of the Labor Code to clarify that the duration of leave in connection with pregnancy and childbirth is calculated in total and is not less than 126 calendar days (140 calendar days – in case of birth of two or more children and in case of complications).
In the new wording to set out Article 184 of the Labor Code “Guarantees of employment and prohibition of dismissal”.
Relevant amendments will also be made to the Law on Labor Protection.
In particular, under the updated Art. 10 of the Law, prohibits the use of labor of pregnant women and women breastfeeding under the age of one and a half, in heavy work and work with harmful or dangerous working conditions, underground work, except for some underground work (non-physical work or work related to sanitary and household services).
When will these changes take effect?
If adopted, this Law shall enter into force on the day following the day of its official publication.
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