Transition to electronic labor records

On June 10, the Law "On Amendments to Certain Legislative Acts of Ukraine on Electronic Employee Records" was published, amending the Labor Code. The law comes into force in three months, but some provisions come into force from the date of its publication. Let's take a closer look at what changes await employers and employees.

What will change when you hire an employee?

Prior to the introduction of e-labor books, employees had to provide their employers with a paper employment record book, according to Article 24 of the Labor Code. However, there were no clear actions for employees or employers to take if they did not have an employment record book, or if they were hired as a part-time employee and kept their employment record book at their main place of work.

Now, Law No. 1217 stipulates that an employee must provide his or her employment record book to the employer if it is available. Also, the employee may decide to provide the employer with an employment record book or information on employment activities (now called an electronic employment record book) from the register of insured persons of the State Register of Compulsory State Social Insurance.

Another innovation. If a future employee does not have an employment record book because this is his or her first job, he or she must submit a request for an employment record book. It is not yet known what this requirement is and how to submit it.

Employment record books will now be kept by employees. When hired, an employee will only have to provide an employment record book to obtain information about previous jobs, i.e. the paper record book will only be a source of information.

What will change when an employee is dismissed?

As of today, upon dismissal of an employee, the employer must issue a duly completed employment record book. The new Law provides for an entry to be made in the employment record book only at the request of the employee, meaning that there will no longer be any need to fill out the employment record book upon dismissal.

Now, when dismissing an employee, the employer must provide the employee with a copy of the dismissal order. The reason for the dismissal (at the employer's initiative, at the employee's own request or by agreement of the parties) does not matter.

How to keep records of labor activity?

Despite the fact that paper employment record books will be kept at the request of the employee and entries will be made only at the employee's initiative, the record of employment will continue.

From now on, all data on hiring, transfer, dismissal, maternity leave, etc. will be kept in electronic form. The information from Annex 5, the combined report on ERUs, personal income tax, and social security, will be transferred to the register of insured persons. Such information has been accumulated since the beginning of 2000.

Information from paper employment records will be transferred to the register by employees and employers within five years. Employees will be given their work record books against signature.