a rule for maintenance of salary in case of decrease in employee’s pay due to his relocation shall be cancelled, as the Draft LC does not presume changes of essential conditions in case of relocation in principle.the employer shall be entitled to transfer the employee to other work on temporary basis under employee’s consent if such temporary transfer causes a decrease in remuneration of labour, employee’s salary shall be maintained for two weeks from the transfer date.the amount of remuneration of labour in case of non-fulfillment of labour standards, job responsibilities by the employee through employer’s fault – not below the average monthly salary, calculated proportionally to hours worked, while the amount of remuneration in case manufactured products turned out to be spoiled through not employee’s fault – at regular prices (currently – at reduced rate) shall be set.the possibility of reimbursement of overtime work by providing a day off (compensatory leave) which is the subject of agreement between the employer and employee shall be set, at the same time the right of the employee to increased remuneration for overtime work is preserved.an increased remuneration of labour for overtime work (triple size) shall be set in case the number of overtime hours during the year exceeds 120, at the same time such payment shall be carried out no later than January 15th of the next year.an increased remuneration of labour for the division of working day into parts shall be set: such remuneration shall be at least 20 percent more than tariff rate (rate of pay).an increased remuneration of labour for work at night shall be set: such remuneration shall be at least 30 percent more than tariff rate (rate of pay), official rate of pay (rate of salary) for each hour (currently – 20 percent).Worth noting changes to be introduced by the Draft LC are the following: The Draft LC shall set additional requirement for the enterprise to prove such financial difficulties by respective documents and hold prior consultations with the trade union organization.įeatures of remuneration of labour in case of deviation from normal conditions 2. Sphere of contractual regulation of remuneration of labour.Nowadays the Law determines that the remuneration of labour below standards established by general, sectorial or regional agreements is allowable for no longer than six months period and only to overcome the period of financial difficulties of the enterprise. In case collective agreement was not concluded the said issue should be agreed with the trade union organization or with a representative of work collective in case trade union organization was not established at the enterprise. The Draft LC foresees the possibility to regulate this question by employer’s normative acts independently, provided that neither the collective agreement was signed nor the trade union organization was established 1. System of remuneration of labour.According to current legislation the question of remuneration of labour of an enterprise shall be regulated by collective agreement. The Draft LC does not foresee such obligation of the employer. Currently the Law fixes the obligation of the employer to pay salary within seven days after the period for which such payment is carried out. Reimbursement payments are not included in the additional salary in accordance with the Draft LC. Unlike the Law the Draft LC shall reckon the incentive payments to additional salary. According to current Law of Ukraine “On Labour” (hereinafter – “the Law”) the structure of salary consists of main, additional salary, and other incentive and reimbursement payments.
#ANOTHER WORD FOR YOU ARE IN ACCORDANCE WITH THE LAW CODE#
We avail ourselves of this opportunity to express to you assurances of our highest consideration and continuing the series of newsletters on the Draft Labour Code № 1108 in version as of Decem(hereinafter – “the Draft LC”), bring to your attention this letter, in which we analyze changes the Draft LC introduces in the regulation of remuneration of labour.