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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.
The probation period, unless otherwise stated by the legislation of Ukraine, may not exceed:
*technical or manufacturing employees
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
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.
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:
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:
According to Ukrainian legislation, they cannot be dismissed under the article “failure to pass the probation period,” even during martial law.
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: