Legal news in Ukraine: Official salaries of prosecutors have been approved, rules for delivery of subpoena and labor inspections changed, new bill was registered to replace Labor Code
Salaries for the Office of the Attorney General and local prosecutors were approved
The Cabinet of Ministers of Ukraine on December 11, 2019 has approved the official salary schemes for prosecutors of the Office of the General Prosecutor, regional and district prosecutors.
The Cabinet of Ministers has granted the right to heads of prosecution authorities within the established wage fund to establish official salaries for prosecutors in accordance with official salary schemes approved by this resolution, as well as an allowance for labor intensity or for performing especially important work in the amount of up to 100 percent of official salary.
So, the official salary of the Prosecutor General is approved at the level of 93 648 UAH. The official salary of the Office of the Prosecutor General Department’s Head is 40 341 UAH, of the head of the independent department –38 612 UAH, of the head of the independent department – UAH 36 883, and of the prosecutor – 28 815 UAH.
For heads of regional prosecutor’s office the salary is is established in the amount of 38 038 UAH, and for regional prosecutors – 32 052 UAH.
For heads of district prosecutor’s offices this figure is 32 273 UAH and accordingly for district prosecutors – 22 764 UAH.
A monthly allowance is established for years of service in the presence of work experience: more than one year in the amount of 10%, more than three years – 15%, more than five years – 18%, more than 10 years – 20%, more than 15 years – 25%, more than 20 years – 30%, over 25 years – 40%, over 30 years – 45%, over 35 years – 50% of the official salary.
A bonus has been introduced for fulfilling the duties of a temporarily absent prosecutor who is in an administrative position or for a vacant administrative position – in the amount of 50% of the official salary.
And also – an allowance to the salaries of state experts on secrets and compensation for work that provides access to state secrets.
The government has changed the rules for the delivery of the subpoena
The Cabinet of Ministers of Ukraine on December 27, 2019 changed to the Rules for the provision of postal services.
In particular, the Rules are supplemented by paragraphs 99-1 and 99-2.
Clause 99-1 stipulates that registered letters marked «Judicial Summons» addressed to individuals shall be delivered personally to the addressee upon delivery to the indicated address, and in case of his absence, to one of the adult members of his family living with him.
If there is no addressee (one of the adult members of his family) at the address indicated on the recommended letter, the postal worker informs the addressee by the available phone number and/or puts a notification on the receipt of the registered letter marked «Judicial subpoena» in the subscription mailbox.
If, within three working days after informing, the addressee did not appear to receive a registered letter marked «Judicial subpoena», the postal worker makes a note «the addressee is absent at the specified address», which is verified by signature with a calendar stamp and no later than the next working day returns it to court.
Paragraph-92 establishes that the recommended mail items marked «Judicial subpoena», addressed to legal entities, upon delivery to the specified address are handed over to the representative of the legal entity authorized to receive mail, against signature.
In the absence of the addressee at the specified address, the postal worker makes a mark «addressee is absent at the specified address», which is certified by the signature and calendar stamp and returns it to court the next business day.
There is a new procedure for inspections conducted by labor inspectors
On December 31, 2019, amendments to the Procedure for exercising state control over the observance of labor law came into force.
The procedure stipulates that the measures of state control over the observance of the labor legislation are carried out in the form of inspection visits, carried out by labor inspectors of the State Labor Service of Ukraine and its territorial bodies.
Reasons for inspection visits are:
1) the employee’s complaint about violations of his labor law;
2) the appeal of an individual in respect of whom the rules of registration of labor relations have been violated;
3) the decision of the head of the inspection body to carry out inspection visits, made on the basis of the analysis of information received from the media, other sources, access to which is not restricted by law;
4) court decision;
5) notification of officials of state oversight (control) bodies, law enforcement agencies about the signs of violation of labor legislation concerning non-registration and/or violation of the labor relations’s registration procedure revealed during the performance of their powers.
Appeal of individuals in respect of which the rules for registration of labor relations are violated, employees and employers may be filed through an authorized representative.
The duration of the inspection visit may not exceed 10 working days.
A new bill was registered to replace the Labor Code
On December 28, 2019, the Verkhovna Rada registered draft Law No. 2708 On Labor.
The explanatory note states that the Labor Code of Ukraine adopted in 1971 is Soviet in both content and spirit and demonstrates the pronounced dominance of the regulatory function of the paternalistic state in the field of labor relations, which was characteristic of a planned socialist economy, under which the actual employer in all economic relations was the state.
The main principles of the new project were balancing the interests of the parties to labor relations, reducing the level of state intervention in individual relations in the field of labor and recognizing the employment contract as the main source of regulation of individual labor relations.
The draft law «On Labor» consists of ten chapters (98 articles).
