Is it really going to do more good than harm, and what the Cabinet still wants to present under the guise of integrating European norms — Roman Lykhodid, managing partner at Conflict Lawyers, in a special material for AIN.UA: http://bit.ly/ConflictLawyers503AIN
Background: In 2019, the EU adopted Directive 2019/1152. The document adapted the labor market regulation to the changed conditions and digitalization.
And now, just 2 years later, they want to introduce similar initiatives on the basis of the directive into the legislation of Ukraine.
But already right off the bat you can notice a number of inaccuracies and inconsistencies between our version of the act and the European one:
The term "freelancer" is not defined — how will it differ from the employee?
The specifics of freelancers (most often — sole proprietors) have not been taken into account — they are unlikely to give preference to social guarantees over the opportunity to relax at any time
Working under a service agreement and a new employment agreement is taxed differently — and the law does not provide sufficient motivation for a freelancer to switch to the second format
According to clause 48 of the Directive, countries should avoid imposing restrictions on the operation of business — but the draft law just provides for sanctions for violation of the use of the new form of contract
Great prospects, isn't it?
And the business will not even have time to adapt: no grace period is included in the project.
This means that the State Labor Service will arm itself with a new reason for inspections: in a state where the result of work is measured by the amount of realized fines, it is unlikely to be any other way...