Major changes in labor legislation in early 2022

The Law of Ukraine “On the State Budget for 2022”, which was adopted by the Verkhovna Rada of Ukraine on December 2, 2021 and enters into force on January 1, 2022, provides, in particular, as follows.

During 2022, the minimum wage, which increased by UAH 500 on December 1, 2021, will be UAH 6,500 per month. In October, its size will increase by 3% and will amount to 6700 UAH. The next increase in the minimum wage is planned from January 1, 2023 – up to 7,176 UAH.

The subsistence level for able-bodied people has increased on December 1, 2021 – to 2481 UAH and will remain the same from January 2022.

From December 1, the general subsistence level increased to 2,393 UAH, for children under six years of age to 2,100 UAH, for children under 6 to 18 years of age to 2,618 UAH, and for people who lost their ability to work to 1,934 UAH.

In 2022, two increases in the subsistence level are planned: in July and December.

The total figure will increase to 2,508 UAH on July 1 and to 2,589 UAH on December 1; for able-bodied persons – up to 2600 UAH and 2684 UAH; for children under the age of six – up to 2201 UAH and 2272 UAH; for children aged 6-18 years – up to 2744 UAH and 2833 UAH; for persons who have lost their ability to work – up to 2027 UAH and 2093 UAH, respectively.

In 2022, the total amount of the education subvention used to pay salaries to employees of educational institutions is UAH 108 billion, which is 8.8% more than in 2021.

The amount of the subvention for providing quality, modern and affordable general secondary education “New Ukrainian School” is UAH 15.7 billion; the amount of the subvention for the creation of educational and practical centers of modern professional (vocational) education is UAH 250 million.

Resolution of the Cabinet of Ministers of Ukraine of 15.12.2021 № 1336 “On Amendments to the Order of the Cabinet of Ministers of Ukraine of March 25, 2020 № 338 and Resolution of the Cabinet of Ministers of Ukraine of December 9, 2020 № 1236” extended the quarantine in Ukraine until March 31, 2022.

In addition, in 2022 the order of the Ministry of Health of Ukraine dated 04.10.2021 № 2153 “On approval of the List of professions, industries and organizations whose employees are subject to mandatory preventive vaccinations”, which includes employees of higher education institutions, continues to operate. postgraduate, professional higher, professional (vocational), general secondary, including special, preschool, extracurricular education, specialized education and research institutions, regardless of type and form of ownership.

Currently, the District Administrative Court of Kyiv continues to consider court cases № № 640/27797/21, 640/29053/21, 640/31045/21 to cancel this order with the participation of representatives of the Trade Union of Education and Science of Ukraine.

On January 1, 2022, amendments to the Law of Ukraine “On the Status and Social Protection of Citizens Affected by the Chornobyl Accident” come into force.

The changes stipulate that the supplementary pension for damage to health and the monthly compensation to families for the loss of a breadwinner as a result of the Chernobyl disaster are paid in full, regardless of salary, pension or other income.

In all cases, the amount of disability pension caused by injury or illness as a result of the Chernobyl disaster may not be lower: for group I disability – 6000 UAH; for the II group of disability – 4800 UAH; for group III disability – 3700 UAH; for children with disabilities – 3700 UAH.

According to the Ministry of Social Policy, from January 1, the minimum pension benefits for persons who received the first group of disability will be at least 14.6 thousand UAH, for the second – 9.5 thousand UAH, for the third – 7 thousand UAH.

In addition, the resolution of the Cabinet of Ministers of Ukraine “On additional social protection of certain categories of persons in 2022 and beyond” from 15.09.2021 № 963 from the beginning of 2022 provides for a 9% increase in pensions for women over 60 years.

According to the Resolution of the Cabinet of Ministers of Ukraine “On Amendments to Paragraph 1 of the Resolution of the Cabinet of Ministers of August 3, 2020 № 674”, from January the minimum pension payment to each of the disabled parents, wife (husband) of defenders who died in the area ATO / OOS, will be at least UAH 7,800.

In January, pension benefits for 65-year-olds will also increase due to the increase in the minimum wage from UAH 6,000 to UAH 6,500.

Article 28 of the Law of Ukraine “On Compulsory State Pension Insurance” provides that for persons over 65 years of age, the minimum old-age pension is set at 40% of the minimum wage set by the law on the State Budget of Ukraine for the year, but not less than the subsistence level for persons who have lost their ability to work, determined by law.

Such a payment is set for non-working pensioners, if men have 35 years of insurance experience, women – 30 years of insurance experience. From December 1, 2021, this figure will be UAH 2,600.00 (UAH 6,500.00 × 40 %).

From January 1, 2022, in accordance with the increase in the subsistence level for the disabled, the minimum pension is 1934 UAH; from July 1 – UAH 2,027, and from December 1 – UAH 2,093.

Legislative requirements for insurance experience at retirement in 2022: at the age of 60 – experience of 29 years; at the age of 63 – experience of 19–29 years; at the age of 65 – experience of 15-19 years.

Each following year, the required length of insurance will increase by one year. From January 1, 2028, the required insurance period for the award of an old-age pension after reaching the age of 60 will be at least 35 years.

For citizens with less than 15 years of service, pension benefits will not be accrued, they are provided for the payment of cash benefits, provided that the income is less than the subsistence level (2481 UAH in 2022).

Unemployed persons have the opportunity to acquire insurance experience by concluding a voluntary insurance contract (for at least one year), which may provide a one-time payment of a single contribution for previous periods when the person was not in employment with the employer and was not subject to mandatory state pension insurance.

The amount of the single contribution paid for each month must not be less than the minimum insurance premium on the date of the contract, and when paid for previous periods, it is multiplied by a factor of 2.

A number of normative legal acts have been adopted in 2021, which are the basis for the formation of the legal framework of the state for the coming years.

The Verkhovna Rada of Ukraine adopted the Law of Ukraine “On Mediation” of November 16, 2021 № 1875-IX (entered into force on December 15, 2021).

The law defines the legal basis and procedure for conducting mediation as an out-of-court procedure for resolving a conflict (dispute), the principles of mediation, the status of a mediator, the requirements for its preparation and other issues related to this procedure.

Its rules apply to public relations related to mediation in order to prevent conflicts (disputes) in the future or to resolve any conflicts (disputes), including civil, family, labor, economic, administrative, as well as in cases on administrative offenses and in criminal proceedings to reconcile the victim with the suspect (accused).

The Law of Ukraine “On Amendments to Certain Legislative Acts of Ukraine on Accounting for Employee Activities in Electronic Form” of February 5, 2021 (entered into force on June 10, 2021) provides that accounting for employee employment activities is carried out electronically in the State Register of Insured Persons. register of compulsory state social insurance in the manner prescribed by the Law of Ukraine “On collection and accounting of a single contribution to compulsory state social insurance”. However, the maintenance of paper workbooks is not canceled.

The Order of the Ministry of Health of Ukraine dated 01.06.2021 № 1066 “Some issues of forming medical reports on temporary incapacity for work and conducting their inspection” (with changes and additions), completed the formation of the legal framework for the introduction of electronic sick leaves. Approved the procedures for the formation of medical opinions on temporary incapacity for work in the Register of medical opinions in the electronic health care system; the Social Insurance Fund of Ukraine carried out inspections of the validity of the issuance and renewal of sick leaves and Instructions for working with medical reports on temporary incapacity in the Register of medical opinions in the electronic health care system and sick leaves for the period of transition. The new version contains the Regulations on the examination of temporary incapacity for work.

The Ministry of Defense of Ukraine by order of 11.10.2021 № 313 (entered into force on 17 December 2021) approved the List of specialties and / or professions related to the relevant military accounting specialties, after which women are enlisted in the military.

The Law on Military Duty and Military Service stipulates that women who have a specialty and / or profession related to the relevant military accounting specialty defined in the list approved by the Ministry of Defense of Ukraine and are fit for military service due to their health and age, are taken into military registration of conscripts (Part 11 of Article 1 of the Law).

Women who are on the military register may be called up for military service or recruited to carry out state defense work in wartime. In peacetime, women may be admitted to military service and service in the military reserve only on a voluntary basis (under contract) (Part 12, Article 1 of the Law).

Women perform military service on an equal basis with men (except as provided by the legislation on maternity and childhood protection, as well as the prohibition of discrimination on the grounds of sex), which includes voluntary admission (under contract) and conscription, military service, service in the military reserve, military service in reserve and compliance with the rules of military accounting.

Author: Vadim