Information on labour books; data listed within; whether notes are made following a change job title; special procedures for the workbooks of police officers; penalties for employers failing to maintain accurate information in labour books [UKR42427.E]

During the Soviet era, a labour book, or trudovaya knizhka in Russian, was a document provided to all employees and registered with their employer for the duration of a person's employment (CDPR 1999, 9). State authorities used this book as evidence of the employee's duration of employment and to determine his or her right to social security and pensions after retirement (US Dec. 2003). Under the Soviet system, an individual would submit their labour book to their employer once hired and would have possession of only it if there was an interruption in their employment (CDPR 1999, 9).

The practice of submitting labour books was carried over into post-Soviet Ukrainian law (US Dec. 2003; Landwell Apr. 2002; Russian and Commonwealth Business Law Report 24 Feb. 1999; KPMG Ukraine Sept. 1999, 35; RICEEBL Mar. 1995, 53). Under the Labour Code, "[a]ll Ukrainian nationals are required to have special labour books listing their employment history" (Landwell Apr. 2002). These are to be submitted by employees with their passport to their employers upon hiring (US Dec. 2003; KPMG Ukraine Sept. 1999, 35; RICEEBL Mar. 1995, 53). Normally, employers will supply new labour books for those employed for the first time (Landwell Apr. 2002). Upon receipt of the documents, employers must sign, stamp and maintain books for each employee employed for more than five days (KPMG Ukraine Sept. 1999, 35), including seasonal and temporary workers but not subcontractors (RICEEBL Mar. 1995, 53). The Research Directorate did not find reports detailing penalties for employers' failure to maintain accurate employment records among the sources consulted.

Throughout the duration of a person's employment, employers are required to document their contractual relationship with an employee in the employee's labour book (Russian and Commonwealth Business Law Report 24 Feb. 1999). Annotations detail the duration of employment, descriptions of the type of work preformed and any awards received by the employee (US Dec. 2003; RICEEBL Mar. 1995, 53). With respect to termination, the labour book specifies the date (Russian and Commonwealth Business Law Report 24 Feb. 1999) and reason for dismissal (KPMG Ukraine Sept. 1999, 35).

The Research Directorate did not find specific mention of labour books of police officers or information on whether maintenance procedures differ from those used by other employees among the sources consulted. The United States Department of Commerce's Business Information Service for the Newly Independent States (BISNIS) does note that the Labour Code stipulations on labour books govern "all employers, including enterprises, institutions and organizations" (US Dec. 2003).

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim to refugee status or asylum. Please find below the list of additional sources consulted in researching this Information Request.

References


Centre for Development Policy and Research (CDPR). 1999. Deniz Kandiyoti. "Poverty in Transition: An Ethnographic Critique of Household Surveys in Post-Soviet Central Asia." CDPR Discussion Paper No. 1299. http://www.soas.ac.uk/cdprfiles/dp/DP12DK.PDF [Accessed 4 Dec. 2003]

KPMG Ukraine [Kiev]. September 1999. "Investment in Ukraine." (Embassy of Ukraine to the Kingdom of Sweden ) http://www.ukrainaemb.se/Econ_section/ukr_legal/Inv_Ukraine.pdf [Accessed 23 Mar. 2004]

Landwell Global [Kiev]. April 2002. Jorge Intriago and Natalia Burnosova. "Ukrainian Labour Law." Overview of Employment Law in Europe. http://www.landwellglobal.com/emp_cd/Documents/ukraine.pdf

Research Institute for Central and Eastern European Business Law (RICEEBL), University of Vienna. March 1995. Axel Frishberg. Briefing Paper on Ukrainian Corporate, Real Property and Privatisation Laws. http://fgr.wu-wien.ac.at/institut/fowi/Publika/PDF/Ap27.pdf [Accessed 23 Mar. 2004]

Russia and Commonwealth Business Law Report. 24 February 1999. Vol. 9, No. 20. Alex Frishberg. "Ukrainian Labor Code Makes it Hard to Reduce the Workforce." (NEXIS)

United States. December 2003. Department of Commerce, Business Information Service for the Newly Independent States (BISNIS). Andriy Vorobyov. "Opening an Office in Kyiv, Ukraine." http://www.bisnis.doc.gov/bisnis/bisdoc/0312UKr_Opening%20Office.htm [Accessed 22 Mar. 2004]

Additional Sources Consulted


Internet sites, including: Brama Law, Consulate General of Ukraine in New York, Draft Laws of Ukraine, European Union Tacis Programme (EUTP), Find Law, Laws of Ukraine, Odessa National Academy of Law, UCIPR Research Update, Ukrainian Law on Employment (1991), Ukrainian-European Policy and Legal Advice Centre (UEPLAC), Uryadovy Kuryer.

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