European guide to support employers. Remote work in Europe. Ukraine

Implementation of remote work

Ukrainian labor laws recognize the following specific regimes of work:

• telework – a way of organizing work whereby work is performed by an employee outside of an employer’s premises/territory, in any location chosen by the employee and using information- telecommunication technologies;
• homeworking – a form of organizing work whereby work is performed by an employee at his/her home or some other specifically determined location (other than the employer’s premises/ territory) and the employee is equipped with all equipment and other resources necessary for the production of goods/ provision of services;
• combined work – a combination of telework with work at the employee’s workplace on the employer’s premises/ territory.

There are some regulatory differences between the above regimes, mainly related to particularities of the performance of work under each of such regimes. However, the general principle is that all of them shall be introduced on the basis of the mutual consent of employee and employer and shall be regulated by a written employment agreement on teleworking (which may contain provisions on combined work) or homeworking, entered into according to the standard form agreement approved by the state regulator. A standard form agreement may not be amended by the parties but may only be completed with working conditions of the individual employee concerned.

However, in cases of emergency, such as a pandemic or military aggression, teleworking may be introduced by the employer on a unilateral basis by issuing the relevant internal order, in which case it is not mandatory to enter into a written employment agreement on teleworking/homeworking. An employee must be notified of such and order within in two days of its issuance and in any event prior to the introduction of teleworking/ homeworking.

Certain categories of employees (such as pregnant women, employees with children) can request that the employer permit them to work remotely/at home, if such work is technically/technologically feasible.

Required involvement of employee representatives and public / immigration authorities

There is no obligation to involve employee representativesintheintroductionoftelework, as it is introduced either upon the mutual consent of the employee and the employer through a written employment agreement or by the order of an employer (in the event of a pandemic / epidemic / military aggression).

However, the employee has the right to seek assistance from employee representatives (if any), when negotiating with the employer on the conditions of the telework.

There is also no obligation to inform state authorities about the introduction of telework.

There are no special immigration rules for third-party digital nomads.

Equipment & compensation for remote work expenses

Conditions on the provision of necessary equipment, software, data protection means, reimbursement by the employer of the employee’s expenses in connection with the use of his/her own equipment, software, data protection means or other expenses incurred by the employee in connection with teleworking, may be stipulated in in the written employment agreement on teleworking. There are no statutory rules to be followed by the employee and the employer in this regard.

If the written employment agreement is silent on the above matters, it shall be presumed that the employer is responsible for providing theemployeewithallequipment,softwareand other resources necessary for teleworking, as well as reimbursing the relevant expenses incurred by the employee in connection with the use thereof.

There are no specific tax rules in connection with teleworking.

Working time, performance and right to disconnect

Teleworking employees can decide at what time to perform their work, unless otherwise stipulated in the written employment agreement on teleworking but are always subject to applicable statutory working time standards.

Teleworking employees shall have a clearly determined rest period, during which they are permitted to disconnect from the employer’s network and such disconnection shall not be considered a disciplinary offense.

Health and safety and data protection

The employee is responsible for ensuring safe and non-harmful working conditions at his/ her teleworking place of work. The employer is not required to verify the employee’s compliance with the statutory measures applicable to working conditions.

The employer is responsible for the safety and proper technical condition of all equipment which he/she provides to the employee. The employer shall conduct regular training sessions on the use of the equipment so provided.

There are no other specific statutory provisions regarding occupational safety, psychological stress or data protection in connection with teleworking.

Liability

Accidents during teleworking are not specifically regulated. According to the general rules, the employer is liable for accidents that occur during the performance of work tasks. That principle also applies to telework.

The labor laws permit the employer to enter into a full material liability agreement with a teleworking employee which provides for the full liability of the employee for any material damage caused to equipment provided to the employee by the employer. If no such agreement is entered into, the employee shall be liable for the direct real damage caused by his/her guilty action/omission within the amount of his/her average monthly salary.

The laws do not require the employer to take out any specific insurance in connection with teleworking.