The Verkhovna Rada has regulated domestic work at the legislative level

On April 25, 2024, the Verkhovna Rada of Ukraine adopted the Law of Ukraine "On Amendments to Certain Legislative Acts of Ukraine on the Regulation of Domestic Workers" (Draft Law No. 5695).

By the decision of the People's Deputies of Ukraine, the Labor Code of Ukraine was supplemented with a new Chapter XI-A "Labor of Domestic Workers", which defines:

1) the concept of domestic work (work performed for a household under an employment contract) and a domestic worker (an individual who performs domestic work within the framework of an employment relationship with an employer)

2) legal status of domestic workers and peculiarities of its regulation, including mandatory terms of an employment contract with domestic workers;

3) additional rights, obligations, guarantees and working conditions of domestic workers;

4) working hours and rest periods of domestic workers;

5) peculiarities of termination of an employment contract with a domestic worker;

6) peculiarities of monitoring compliance with the legislation on the labor of domestic workers.

The Draft Law introduces relevant amendments to other articles of the Code in order to bring them in line with the new Chapter XI-A (on overtime and weekend work, the procedure for consideration of labor disputes, etc.)

In addition, taking into account the specifics of the relationship between a domestic worker and an employer, the draft law proposes to provide for the voluntary participation of domestic workers in the system of compulsory state social insurance.

It is worth noting that the new law in the social sphere implements the provisions of the International Labor Organization's Domestic Workers Convention No. 189 into Ukrainian law, which is very important in the process of Ukraine's integration into the European Union, as well as in the process of updating Ukraine's labor legislation in general.

This Law comes into force three months after its publication. The Cabinet of Ministers of Ukraine shall, within three months from the date of publication of this Law, bring its regulations in line with this Law.

The Committee on Social Policy and Protection of Veterans' Rights notes that it is of great importance to regulate at the legislative level the activities of employees who perform household maintenance under an employment contract. First and foremost, it is to protect the rights of such employees. To this end, the draft law defines the mandatory terms of an employment contract with domestic workers (timely salary in a certain amount, state protection against illegal actions of the employer), as well as additional rights and guarantees for domestic workers living in the household. Secondly, it is to enable domestic workers to form their future pension. To this end, the draft law provides for the voluntary participation of domestic workers in the system of compulsory state social insurance.

In addition, the official employment of citizens in household services will reduce the level of undeclared labor in Ukraine, as most of these workers are currently in the shadow economy.

As a reminder, on October 3, 2024, the Committee on Social Policy and Protection of Veterans' Rights decided to recommend that the Verkhovna Rada of Ukraine adopt the draft law reg. No. 5695 in the second reading and as a whole as a law.