Law on Domestic Workers’ Employment Entered into Force

On August 24, 2024, the Law of Ukraine No.3680 “On Amendments to Certain Legislative Acts Regarding Regulation of Employment of Domestic Workers” (draft law No.5695) entered into force. 

The law introduces a new chapter ХІ-1 – Employment of domestic workers to the valid Labor Code. Under it:

• A domestic worker is an individual engaged in domestic work within employment relations with the employer. Domestic work is work performed on the terms of an employment agreement in or for the household.

• An employment contract concluded with domestic workers is the main document certifying employment relations’ creation, change, and termination. 

• Domestic work performed occasionally or sporadically but not more than 40 hours per month is not considered domestic work.

• The minimum age for domestic workers is 16 years.  

• Under legislative clauses, domestic workers are covered by all labor rights and guarantees. Domestic workers are subject to general provisions on normal hours of work, overtime compensation, periods of daily and weekly rest, and paid annual leave in accordance with national laws considering the special characteristics of domestic work.

• Every domestic worker has the right to a safe and healthy working environment. The law stipulates that the parties to the employment contract are responsible for ensuring safe and harmless working conditions, while the employer is responsible independently for the safety and proper technical condition of the equipment and means of production transferred to the domestic worker for the work performance. 

• The employer signs a written employment agreement with a domestic worker and shall notify the State Tax Service about a domestic worker. Under general rules, in such a case, the employer should pay a unified social contribution (USB) and be a tax agent for employees. However, this draft law stipulates that persons who work under an employment contract with other individuals (in particular, domestic workers) will independently pay a unified social contribution. According to the authors of the draft law, such a rule would optimize and ensure the effectiveness of USB payments.
More about LI experts` position on this law read here.