Probation period in Ukraine: Overview of the conditions and length | News Flash

Establishing a probation period is an essential step in the process of hiring a new employee. It allows an employer to assess whether a new colleague is the right fit. According to the Article 26 of the Labour Code of Ukraine, a probation period can be established by mutual agreement when concluding an Employment Contract.

The probation period is the time for onboarding training and getting to know each other. However, the establishment of a probation period in Ukraine has its specifics, and in some cases, it is not even applicable. This article covers all the essential information employers need to know.

Probation period in Ukraine for an execution (lower level) position

The probation period, unless otherwise stated by the legislation of Ukraine, may not exceed:

In some cases, and with the approval of the relevant elected body of the primary trade union, the probation period can last up to 6 months.

Based on Article 27 of the Labour Code of Ukraine, the probation period does not include days when the employee did not actually work, regardless of the reason

Probation period in Ukraine for a management (higher level) position

The law provides for specific conditions for the heads of organizations and their deputies, chief accountants and their deputies, and heads of branches. Such employees may be assigned a probation period of six months.

Exceptions

During peacetime:

In general, it is prohibited to establish a probation period for certain categories of individuals (Part 3, Article 26 of the Labor Code of Ukraine). This mainly includes:

• individuals under eighteen years of age
• young workers after graduation from vocational training institutions
• young specialists after graduation from higher education institutions
• individuals discharged from military or alternative (non-military) service
• persons with disabilities directed to work in accordance with the legislation
• individuals elected to a position, winners of a competitive selection for a vacant position
• individuals who have completed an internship when hired with a break from their main job

During martial law:

Currently, martial law is in effect in Ukraine, during which certain conditions for the probation period are legislatively established.

During martial law, the employer may impose a probation period conditions for almost any category of employees (according to Part 2, Article 2 of the Law of Ukraine from 15.03.2022 No. 2136-IX “On the Organization of Labor Relations under Martial Law”).

However, it is strongly discouraged to assign a probation period for the following categories of employees:

• Pregnant women
• Single mothers with a child under 14 years old or a child with a disability
• Women with a child under three years old, or if the child requires home care, up to six years old
• Fathers raising a child without a mother, particularly if the mother is in a medical facility for an extended period
• Guardians (custodians), one of the foster parents, or one of the adoptive parents

According to Ukrainian legislation, they cannot be dismissed under the article “failure to pass the probation period,” even during martial law.

How an outsourcing partner can help

A reliable outsourcing partner, such as Accace, helps businesses navigate various complexities, including employment regulations. An outsourcing company can help ensure that the probation period is set up correctly and in full compliance with the law.

Get in touch with us so we can help:

• Draft employment contracts, including probation period terms
• Monitor probation deadlines and conditions to prevent legal risks
• Advise on proper dismissal procedures for employees who do not pass probation
• Automate certain related HR administration processes
• Monitor legislation changes to ensure full legal compliance

Yuliia Bibikova

HR Specialist | Accace Ukraine

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