Companies often violate the requirements of the law when staff selection and job ads making. Kirovograd region State Labor Organization explained what conditions can be indicated in job advertisement.
What the Employment Law prohibits
According to Art. 11 of the Law of Ukraine “On employment of the population” it is prohibited in job announcements (advertisement) to indicate restrictions on the age of candidates, to offer employment only to women or only men, except for specific work that can be performed only by persons of a certain sex, to require that is preferred for one of the sex, as well as to demand providing information about personal life of people being employed.
Restrictions defined by the Law on Advertising
Restrictions on the content of ads on vacancies (hiring) and responsibility for violation of the established procedure of their distribution are established by the Law of Ukraine “On Advertising”.
Article 241 of this Law stipulates that it is prohibited to advertise vacancies (hiring) to indicate the age of candidates, to offer employment only to women or men, with the exception of specific work that can be performed only by persons of a certain sex, to nominate requirements that favor women or men sex, representatives of a certain race, color of the skin (except in cases determined by law, and cases of specific work that can be performed only by persons of a certain sex), on political, religious and other beliefs, membership in professional unions or other associations of citizens of ethnic and social origin, property status, place of residence, language or other grounds.
The text of the advertisement of the business entity providing employment mediation services in Ukraine should contain a note that is forbidden to receive fees, commission or other remuneration from citizens who have been provided with job-seeking services and promotion of employment, other related services.
In case of violation of this article requirements, the advertiser pays to the Social Insurance Fund in the event of unemployment a fine of ten times the minimum wage established by the law at the time of the detection of the violation.
There are no requirements for obligatory indication of the size of wages in job ads by the current legislation.
The Labor Code requirements
According to Art. 29 of the Labor Code prior to starting work under a concluded employment contract, the owner or an authorized body thereof is obliged:
- explain to the employee the rights and obligations of the employee and inform the employee about the conditions of work, the presence of hazardous and harmful production factors that have not yet been eliminated, and the possible consequences of their health effects in the workplace, where he/she will work; his/her rights to benefits and compensation for work in such conditions in accordance with the current legislation and collective agreement;
- familiarize the employee with the rules of internal labor regulations and the collective agreement;
- determine the workplace of the worker, provide him/her with the tools needed for work;
- instruct the employee on safety, industrial sanitation, occupational health and fire protection.
Other requirements
In accordance with the Rules of the organization of record keeping and archival storage of documents in state bodies, local self-government bodies, enterprises, institutions and organizations, approved by the order of the Ministry of Justice dated June 18, 2015 No. 1000/5, in regulatory documents on personnel issues (staff) in case of an employee appointment, it should be indicated the full date (number, month, year) of the actual date of commencement of the employee, the size of his/her salary in accordance with the staffing, allowances and benefits.
The executive document on employment issues (staff) is necessarily shown to persons named in it, who put their signatures with the indication of the date of familiarization on the first copy of the document or on a special form.
