Probationary Period in a Store: Hiring, Pay, and Dismissal

In Ukraine, an employer may establish a probationary period with the employee’s agreement when concluding an employment contract. Before the first shift, the employer must formalize the hire by order, include the probation condition in it, and notify the tax authority that the employee has been hired. During probation, the employee receives wages and is entitled to employment protections, so a sales assistant may not be asked to serve customers during an unpaid “trial shift.”

Before work begins, determine the permitted duration of probation, explain the duties, appoint someone responsible for training, and set clear assessment criteria. If the employee does not meet the requirements of the assigned work, the employer must substantiate this with specific facts, check for special protections, obtain any required approvals, give the employee three days’ written notice, and complete the dismissal during the probationary period. If the period ends and the person continues working, they are considered to have passed probation.

How to Agree on Probation and Hire an Employee Before the First Shift

These rules apply to Ukrainian enterprises and individual entrepreneurs who hire employees under employment contracts. The main requirements are set out in the Labor Code of Ukraine (Labor Code). During martial law, special rules are provided by the Law of Ukraine “On the Organization of Labor Relations under Martial Law” No. 2136-IX. The provisions of that Law described below apply while martial law is in effect.

Under Article 26 of the Labor Code, both parties agree on probation when the employee is hired. The employer cannot unilaterally add this condition after work has begun. The probation condition must be included in the hiring order. The law does not require it to be repeated simultaneously in the application, a separate written contract, and the order as three independent conditions for probation to be valid.

Practical recommendation: record the employee’s agreement to probation and its duration in writing, then ensure the wording of the order matches that agreement. The employee’s signature confirming that they have read the order helps show that they knew the established conditions. Keep separate evidence of the parties’ agreement.

1. Agree on the position and working conditions. Define the job function, workplace, start date, schedule, pay, and probation period.
2. Obtain the documents needed for employment. Article 24 of the Labor Code requires a passport or other identity document, an employment record book if available, or employment history information from the register of insured persons. In cases specified by law, documents confirming education and health status, the relevant military registration document, and other documents are also required. An employee taking a job for the first time may request an employment record book. It is prohibited to enter into a contract for work that a medical opinion says is contraindicated for the person.
3. Formalize the employment contract and order. As a general rule, a written contract is mandatory, including when an individual hires an employee and when a contract is made with a minor. During martial law, the parties may agree on the form of the contract under Part One of Article 2 of Law No. 2136-IX. Recording the agreement in writing helps avoid disputes about its terms.
4. Submit the hiring notice before work begins. Keep proof of its submission before the employee is actually allowed to start work. Probation does not remove this requirement.

5. Inform the employee and conduct briefings before work begins. Using an agreed method, provide information about the employer, including its location, workplace, position, duties, start date, rights, and working conditions. Identify the workplace and provide the necessary equipment. Familiarize the employee with the internal labor rules or the terms for setting the work schedule, working and rest hours, and the provisions of the collective agreement, if one has been concluded.

   Explain the pay conditions and amount, annual leave duration, arrangements for any professional training to be provided, and the procedure and notice periods for termination of the contract by either party. Obtain the employee’s signature confirming that they have been informed about any unresolved hazardous or harmful workplace factors, their possible health effects, and the applicable benefits and compensation. Conduct briefings on occupational safety, workplace sanitation, occupational hygiene, and fire safety.

The legal basis for these steps is set out in Articles 24, 26, and 29 of the Labor Code and Article 2 of Law No. 2136-IX.

Who May Be Required to Serve a Probationary Period

As a general rule under Article 26 of the Labor Code, probation may not be established for the following employees:

• persons under 18 years of age;
• young workers who have graduated from vocational education institutions and young specialists who have graduated from higher education institutions;
• persons discharged to the reserve from military or alternative service;
• persons with disabilities who have been referred to work in accordance with the law;
• persons elected to a position and winners of a competitive selection for a vacant position;
• persons who completed an internship as part of hiring while released from duties at their primary job;
• pregnant women and single mothers with a child under 14 years of age or a child with a disability;
• persons hired under a fixed-term employment contract of up to 12 months, as well as employees in temporary and seasonal jobs;
• internally displaced persons;
• persons hired to work in another locality or transferred to another enterprise, institution, or organization.

Other prohibitions may be set out in legislation. Check the precise terms of the list: for example, the general rule concerning persons with disabilities applies to those referred to work in accordance with the law.

A special exception applies during martial law: Part Two of Article 2 of Law No. 2136-IX allows probation to be established for any category of employee. The employee’s consent and inclusion of the condition in the order are still required. This authorization does not cancel special protection against dismissal, including family protections and the requirement to obtain consent from the children’s affairs service when dismissing a minor. Therefore, before making a decision, the employer must separately check whether probation may be established and whether the employee may be dismissed based on its outcome.

What Probation Period to Set for a Store Employee

Under Article 27 of the Labor Code, the general maximum period is three months unless legislation provides otherwise. For employees in the worker occupational category (робітники), it may not exceed one month. In certain cases, a period of up to six months is possible with the agreement of the relevant elected body of the primary trade union organization. The employer cannot decide on a six-month probation period alone.

The law does not set a minimum probation period of one month. The parties may agree to a shorter period. Before formalizing the hire, check which category the specific occupation falls into: the general three-month maximum cannot automatically be applied to every store employee.

Practical recommendation: specify the probation period in the order and track its end date separately. Days when the employee did not actually work are excluded from the period, regardless of the reason. Confirm such periods using working-time records and relevant documents, and keep the calculation of the final date. This rule does not permit arbitrarily adding another month because of doubts about the results or setting another probation period for the same job.

When the Special Period of Up to 45 Calendar Days Applies

Part Three of Article 2 of Law No. 2136-IX sets a separate rule for employees liable for military service at certain enterprises, institutions, and organizations defined in that provision. These are employers critical to meeting the needs of the Armed Forces of Ukraine, other military formations established under Ukrainian law, or the functioning of the economy and the public’s livelihood during a special period in the defense industrial complex. For any category of employees liable for military service working for such employers, probation may not exceed 45 calendar days.

The fact that a store sells goods to the public does not establish that it belongs to this category of employers. Before applying the special rule, check the documents confirming the enterprise’s status and compliance with all the conditions in the provision.

These employers may also, for the probation period, conclude employment contracts with employees liable for military service whose military registration documents are missing or improperly completed, who are not registered for military service, have not updated the personal information specified by law, or are wanted for violations of the rules on military registration or legislation on defense, mobilization preparation, and mobilization.

For these employees, Paragraph Two of Clause 4 of Part One of Article 25 of the Law of Ukraine “On Mobilization Preparation and Mobilization” No. 3543-XII provides for reservation from mobilization regardless of the number of employees already reserved. The reservation period may not exceed 45 calendar days from the date the employment contract is concluded. An employee may receive this reservation no more than once per calendar year. If the employee remedies the relevant violations during the reservation period, any subsequent reservation is made on general terms under the established procedure. The reservation itself does not release the employee from liability for violations.

Under Part Four of Article 5 of Law No. 2136-IX, the employer may dismiss such an employee if, during the established reservation period, they fail to bring their military registration documents into compliance with legal requirements. Before applying this separate ground, check the actual reservation period and evidence of noncompliance. The probation period and reservation period must be tracked separately, even if both are limited to 45 calendar days. These options do not automatically apply to all stores.

How to Pay Employees During Probation

Employment legislation applies to an employee during probation. The employer pays the agreed wages in compliance with state minimum guarantees and provides rest, safe working conditions, and social insurance rights. An unsuccessful probation outcome does not cancel payment for work already performed.

Agree on the pay system before the first shift: a fixed rate or hourly pay, bonus conditions, and payment dates. Article 97 of the Labor Code requires the pay system to be established in a collective agreement in compliance with statutory guarantees. If there is no collective agreement, the employer agrees on the relevant matters with the trade union body representing the interests of most employees or, if there is no such body, with another body authorized by the labor collective.

Under Article 115 of the Labor Code, wages must be paid on working days at least twice a month, no more than 16 calendar days apart, and no later than seven days after the end of the period for which they are accrued. The payment dates are set in the collective agreement or in an employer’s regulatory act agreed with the relevant employee representative body, or, if there are no such bodies, with representatives elected and authorized by the labor collective.

If a payment date falls on a weekend, public holiday, or non-working day, wages are paid on the preceding day. During martial law, Part Six of Article 6 of Law No. 2136-IX provides that Article 73 of the Labor Code on public holidays and non-working days does not apply, so check the actual work schedule.

For the first half of the month, pay at least the amount due for time actually worked, calculated using the tariff rate or salary. Do not defer all pay until a decision is made on whether the employee passed probation.

Practical recommendation: record working hours and any training the employee performs during a shift as part of their job duties. Do not impose monetary fines for a new employee’s mistakes or reduce the agreed pay at your discretion. Set bonus conditions in advance in accordance with the established pay system. The rules on pay are set out in Articles 94, 97, and 115 of the Labor Code.

During martial law, Article 10 of Law No. 2136-IX requires employers to take all possible measures to pay wages on time. An employer may be released from liability for a delay if it proves that the delay was caused by hostilities or other circumstances of force majeure. The obligation to pay earned wages remains. If hostilities make timely payment impossible, Part Four of this article allows payment to be deferred until the enterprise resumes operations.

How to Organize Training and Assess Work

We recommend preparing a short plan before probation begins: which tasks the employee must learn, who will train them, when the results will be checked, and which documents will confirm them. Assess tasks that are part of the agreed work and for which the employee has received instructions, equipment, and access.

The table below is an example of how to organize probation in a store. It contains recommendations for an internal plan, not statutory standards.

First demonstrate how to perform the task, then let the employee try it under supervision, and finally check their independent work within the scope of their authority. After the assessment, explain specific errors and how to correct them. Schedule an interim assessment in advance so there is time before the end of probation to recheck the skill and lawfully formalize a decision.

In your records, distinguish the employee’s actions from issues within the store’s control. For example, if a transaction cannot be completed because access is unavailable, the person responsible should fix the settings. Low sales during a shift with no customers do not, by themselves, demonstrate professional unsuitability. To reach a conclusion, it is helpful to record the specific task, the requirement for its completion, the actual result, the training provided, and the employee’s explanation.

How to End Probation While Observing Deadlines and Protections

If the Employee Meets the Requirements

Under Article 28 of the Labor Code, if the probation period ends and the employee continues working, they are considered to have passed it. There is no need to renew the employment contract or issue a special order confirming the hire. For management records, the employer may keep a training summary and a list of tasks for further development.

The end of probation does not automatically terminate the employment contract. If the contract is fixed-term, its agreed duration is assessed separately: probation does not change it. After probation is passed, dismissal is possible only on general grounds.

If the Employer Finds the Employee Unsuitable

The ground for dismissal is a finding during probation that the employee is unsuitable for the position or work performed. The employer applies Article 28 and Clause 11 of Part One of Article 40 of the Labor Code. The statement “did not pass probation” alone is not enough to substantiate the decision.

1. Check that the probation condition is lawful and confirm the end date. Verify the parties’ agreement, the entry in the order, the permitted duration, and periods of actual absence.
2. Prepare a substantiated finding. Compare the job duties and criteria with specific results. Attach transaction documents, assessment records, and the employee’s explanation, if obtained.
3. Check for special protections and required approvals. Take account of family protections, the employee’s age, election to a trade union body, temporary incapacity for work, and leave. Dismissal of a minor requires the consent of the district or city children’s affairs service; dismissal of the relevant trade union employees requires prior approvals under Article 252 of the Labor Code.
4. Give the employee three days’ written notice. We recommend stating the reasons, supporting facts, legal ground, and planned dismissal date. Keep proof of delivery or proper notification.
5. Formalize the dismissal during probation. State the legal ground and supporting documents in the order. The notice itself does not terminate employment.
6. Provide the documents and settle the final payment. Give the accountant the dismissal date and verified work records in advance.

Giving notice on the last day of probation does not entitle the employer to dismiss the employee on this ground three days after the period ends. Schedule the assessment so that both the notice period and the contract termination date comply with Article 28 of the Labor Code.

Family Protections That Restrict Dismissal

Article 184 of the Labor Code prohibits dismissal on the employer’s initiative of pregnant women; women with children under three years of age, or under six in the case provided for by Part Six of Article 179; and single mothers with a child under 14 years of age or a child with a disability. The exception concerns complete liquidation, with mandatory employment placement. Article 186-1 extends the relevant protections to fathers raising children without a mother, guardians, custodians, one foster parent, and one foster parent-educator.

Permission to establish probation for any category of employee during martial law does not cancel these protections. Before preparing a notice, check the circumstances that affect whether dismissal is possible. If an employment contract with a woman protected by Part Three of Article 184 is fixed-term, its expiration also requires consideration of mandatory employment placement. Average wages are maintained during the employment placement period, but for no more than three months from the date the contract ends.

What Is Required to Dismiss a Minor

Under Article 198 of the Labor Code, an employee under 18 may be dismissed on the employer’s initiative only with the consent of the district or city children’s affairs service and in compliance with the general procedure. This also applies to dismissal based on probation established during martial law. Parental consent does not replace the consent of this service.

The additional requirement in Article 198 that dismissal be exceptional and that employment placement be mandatory applies to the grounds under Clauses 1, 2, and 6 of Article 40 of the Labor Code. Dismissal based on probation uses Clause 11, but consent from the children’s affairs service is still required. We recommend contacting the service in advance: waiting for its decision does not, by itself, extend probation.

When Trade Union Approvals Are Required

Under Article 43-1 of the Labor Code, an unsatisfactory result of probation agreed upon at hiring generally allows dismissal without prior consent from a trade union body. During martial law, Part Two of Article 5 of Law No. 2136-IX also provides that Article 43 of the Labor Code does not apply, except when dismissing employees of enterprises, institutions, or organizations who have been elected to trade union bodies.

Part Three of Article 252 of the Labor Code establishes a separate protection. In addition to following the general procedure, dismissal of members of an elected trade union body, its leaders, and a trade union representative where no elected body is established requires prior consent from the body of which they are members and from the higher elected body of that trade union or trade union association. The general permission in Article 43-1 does not remove these special requirements.

Part Four of Article 252 also provides protection for one year after the term for which a trade union body was elected ends. Exceptions include complete liquidation, unsuitability for the work due to a health condition that prevents it from being continued, and conduct for which the law provides the possibility of dismissal. This protection does not apply when the employee’s powers end early because of improper performance of duties or at their own request, except where the request is related to their health. Before making a decision, establish when and why the employee’s powers ended and check whether the relevant exception covers the situation.

How to Account for Sick Leave or Other Leave

As a general rule, Article 40 of the Labor Code restricts dismissal on the employer’s initiative during sick leave or other leave. During martial law, Part One of Article 5 of Law No. 2136-IX allows such a decision to be formalized with the dismissal date set as the first working day after the period of temporary incapacity for work or leave ends. The exceptions are maternity leave and leave to care for a child under three years of age.

This provision does not cancel the requirements for the ground for dismissal, three-day notice, or probation period. Before issuing the order, check that all these conditions align and recalculate the probation end date to account for documented days when the employee did not actually work.

How to Deliver a Notice if the Employee Is Absent

We recommend agreeing on a method for exchanging employment documents and confirming current contact information when hiring. During martial law, Part Two of Article 7 of Law No. 2136-IX allows the parties to agree on alternative methods for creating, sending, and storing documents, and an available method of electronic communication. For a dismissal notice, keep the notice itself, proof of the agreed channel, and evidence of notification.

Each party is required to ensure ongoing contact is possible, including while the employment contract is suspended, and to report any change in contact details without delay and no later than within 10 calendar days. An employer that is an individual entrepreneur or a legal entity fulfills this obligation by updating the relevant information in the Unified State Register of Legal Entities, Individual Entrepreneurs, and Public Formations. The employee sends the information to the employer’s registered address or email address listed in that register. If postal or electronic notification is impossible, the employee may send a text message to the employer’s official telephone number.

If a party fails to report a change in contact details, communication to the last known postal address, email address, or telephone number is considered proper notification under Part Four of Article 7. If postal service and/or electronic communications are unavailable using the last known contact details, this provision also states that the statutory requirement to notify the other party of the creation or termination of employment rights and obligations, or termination of the contract, does not apply. Before relying on this exception, we recommend documenting the relevant circumstances: the employee’s failure to respond alone does not prove them.

If the workplace is located in an area of active hostilities, Part Three of Article 5 of Law No. 2136-IX prohibits dismissing an absent employee for absenteeism under Clause 4 of Part One of Article 40 of the Labor Code. Under this provision, the period of absence is unpaid and is not counted toward the service period entitling the employee to annual basic leave. Take this into account when calculating wages and compensation for unused leave. Do not record the absence as professional unsuitability without facts about the performance of assigned work. Account for periods when the employee did not actually work when calculating the probation end date under Article 27 of the Labor Code.

What Payments and Documents to Provide Upon Dismissal

Under Articles 47 and 116 of the Labor Code, as a general rule, on the day of dismissal the employer issues a copy of the order, a written statement of amounts accrued and paid, and pays all amounts due to the employee. At the employee’s request, the employer must make the appropriate entry in the employment record book kept by the employee.

The final settlement must include earned wages, any supplements and bonuses due under the pay terms, compensation for unused leave, and other amounts due. Under Part One of Article 24 of the Law of Ukraine “On Leave” No. 504/96-VR, dismissal requires compensation for all unused days of annual leave and additional leave for employees with children or an adult child with a disability since childhood classified in subgroup A of Group I. Part One of Article 12 of Law No. 2136-IX expressly preserves payment of this compensation upon dismissal during martial law.

Practical recommendation: before settling the payment, ask the accountant to check the leave service period, the applicable leave duration, days used, and the applicable method for calculating compensation. An unsuccessful probation outcome does not deprive the employee of this payment.

If the employee did not work on the dismissal date, the amounts due must be paid no later than the day after the employee submits a request for settlement. On the payment date, the employer must provide a written statement itemizing each type of amount. A dispute over part of the settlement does not allow the employer to withhold an amount it does not dispute.

If an employer who is an individual is called up for military service during mobilization or for military service through the conscription of reservists during a special period, Article 47 of the Labor Code allows that employer to perform the specified obligations within one month after discharge from such service without sanctions or fines.

For termination of a suspended employment contract, Part One of Article 13 of Law No. 2136-IX sets a special deadline for settlement and issuance of the employment record book, if it is kept by the employer: no later than the next working day after the dismissed employee’s written request. If the book is inaccessible or has been lost, the employer must issue a duplicate in accordance with the procedures and deadlines established by law.

How an Employee Can Challenge a Dismissal

Article 28 of the Labor Code allows an employee to challenge a dismissal based on probation under the procedure for reviewing dismissal disputes. Under Part Two of Article 233, the employee may apply directly to court within one month from the date they receive a copy of the dismissal order. For a dispute over all amounts due upon dismissal, this part sets a three-month period from the date the employee receives the written statement of amounts accrued and paid.

Under Article 234, a court may renew a deadline missed for valid reasons if no more than one year has passed since the relevant order or notice was received. We recommend that employers keep hiring, training, assessment, notice, and settlement documents together with proof of delivery. The legal grounds and deadlines are set out in Articles 28, 233, and 234 of the Labor Code.

How to Track Working Time and Review Employee Transactions in Torgsoft

The paid add-on “Зарплата та мотивація персоналу” (“Salary and Staff Motivation”), code 025, is intended for shift planning and tracking hours worked. Under the current commercial terms, the licensing requirement is one license per workstation for separate versions, one per local network, or one per terminal license server. It is available from version 7.6.4, database 354. In settings, create retail locations, shifts, and positions, and select the time calculation method. The “За тривалістю зміни” (“By shift duration”) mode counts only scheduled shifts; calculation based on employee or team logs also allows unscheduled shifts to be entered.

In the work schedule, you can compare planned and actual hours, specify the reason for an absence, and add a comment. The employee log is populated by recording the start and end of the workday, and the team log through the “Нова зміна” (“New shift”) action. Manual corrections are available; automatic completion skips schedule entries filled in manually. We recommend restricting editing rights, appointing someone to check for missing workday start or end registrations, and verifying absences against supporting documents. A label in the software does not determine the legal ground for dismissal.

Use the “Протокол дій користувачів” (“User Actions Log”) to review transactions; it has filters and Excel export. Entries cannot be edited manually, but they can be deleted up to a selected date and are cleared together with the statistics for the relevant period. We recommend using personal user accounts and exporting required materials before they are cleared. Review them alongside training results and the employee’s explanations to establish the cause of a specific error.

Official Legal Sources

• Labor Code of Ukraine, approved by Law No. 322-VIII of December 10, 1971: Article 2—employment rights; Articles 24, 26–29—hiring formalities and probation; Clause 11 of Part One and Part Three of Article 40—ground for dismissal and restrictions during temporary incapacity for work and leave; Articles 43 and 43-1—trade union consent; Articles 47, 94, 97, 115–116—pay, documents, and settlement; Part Three of Article 184 and Article 186-1—family protections; Article 198—dismissal of minors; Parts Three and Four of Article 252—special protections for trade union employees; Part Two of Article 233 and Article 234—court filing deadlines and their renewal.
• Law of Ukraine “On the Organization of Labor Relations under Martial Law,” dated March 15, 2022, No. 2136-IX: Article 1—scope; Parts One–Three of Article 2—contract form and special probation conditions; Parts One–Four of Article 5—specifics of dismissal; Part Six of Article 6—non-application of rules on public holidays and non-working days; Parts Two–Four of Article 7—document exchange and contact details; Article 10—pay; Part One of Article 12—compensation upon dismissal; Part One of Article 13—settlement when a suspended contract is terminated; Clause 3 of the “Final Provisions”—duration of the Law.
• Law of Ukraine “On Leave,” dated November 15, 1996, No. 504/96-VR: Part One of Article 24—compensation upon dismissal for unused annual leave and statutory additional leave for employees with children.
• Law of Ukraine “On Mobilization Preparation and Mobilization,” dated October 21, 1993, No. 3543-XII: Paragraphs Two–Four of Clause 4 of Part One of Article 25—special reservation for specified employees liable for military service for up to 45 calendar days from the date the employment contract is concluded, limited to once per calendar year, with subsequent reservation and continued liability for violations.