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Report

9 Jan 2023

Author:
ILAW

Telework in Ukraine

This report assesses teleworking in Ukrainian labor law, with particular focus on new legislation adopted in February 2021, as well as practical implementation of the laws and their impact on worker rights in Ukraine. The report is part of a series supported by the International Lawyers Assisting Workers (ILAW) Network on the regulation and impact of telework in different national contexts. Telework refers to the organization or performance of work at home or another location other than an employer’s premises through the use of information and communication technologies (ICT).

Well-regulated telework can benefit workers by creating greater autonomy, flexibility, and an improved balance between work and personal life. In Ukraine, telework has allowed many workers to maintain employment in the midst of an unprovoked invasion by the government of Russia. The fact that telework has been vital tool to maintaining livelihoods and income at such a challenging time makes its proper regulation all the more critical. Poorly-regulated telework risks pushing the costs associated with maintaining a worksite onto workers, increasing work hours, and blurring the boundaries between work and personal time. It can also leave isolated workers vulnerable to discrimination, harassment and abuse. As the world hopes for peace in Ukraine, telework must be a central component of rebuilding a sustainable, equitable economy where worker rights are protected.

This report consists of six parts. Part 1 discusses legislative changes introducing telework in Ukraine. Part 2 contains a comprehensive analysis of the law on telework. Part 3 reviews practical aspects of implementation of statutes and jurisprudence related to telework. Part 3-1 outlines peculiarities of remote work in the midst of war in Ukraine. Part 4 discusses labor inspection activities regarding telework. Part 5 compares the Ukrainian rules on telework for compliance with European Union principles of its regulation. Part 6 lists recommendations to a number of stakeholders on the basis of this research.