The services of domestic workers in Ukraine are becoming increasingly popular, as time is the most valuable resource in the modern world, and many people seek to delegate household chores to devote themselves to work, family, or hobbies. However, the employment of domestic staff has its own peculiarities, which are important for both employers and employees to consider.
Until 2024, the concepts of domestic work and domestic workers did not exist in the labor legislation of Ukraine, but the Law of Ukraine No. 3680 dated 25.04.2024 supplemented the Labor Code of Ukraine with Chapter XI-A on the work of domestic workers, in accordance with the provisions of which:
- Domestic work is work performed for a household under an employment contract.
- Work for a household that is performed by a person irregularly and for no more than 40 hours per month is not considered domestic work.
- An employer is an individual who is a member of the household and with whom a domestic worker has entered into an employment contract.
- A domestic worker is an individual who performs domestic work within the framework of an employment relationship with an employer.
- It is not about household services, but about daily care, assistance with childcare, support for the elderly, and ensuring comfort in the home. Nannies, caregivers, domestic helpers, drivers, and gardeners - their work is not visible to society, but should be treated with dignity and protection, just like any other labor.
An employment contract is concluded with domestic workers, which is the main document certifying the emergence, change and termination of employment relations and defining the rights and obligations of the parties, and is the basis for the admission of a domestic worker to work after the employer notifies the central executive body that implements the state policy on the administration of a single contribution to the obligatory state social insurance of the hiring of a domestic worker in accordance with the procedure established by the Cabinet of Ministers of Ukraine.
An employment agreement concluded with a domestic worker may provide for additional rights, guarantees, social benefits and mutual obligations of the parties, in addition to those provided for by law.
Ukrainian legislation clearly regulates working hours, rest periods and remuneration of domestic workers:
- Working hours - no more than 40 hours per week (or less, if provided for in the contract). A domestic worker keeps records of his or her working hours in a form convenient for him or her and agrees them with the employer.
- Flexible work schedules or summarized working hours are allowed - the main thing is that it must be agreed between the employer and the employee.
- Overtime work is allowed with the consent of the employee and in compliance with the law.
- Time spent waiting for a call to work or accompanying household members on vacation is also working time and must be paid.
- The amount of payment cannot be less than the minimum wage established by law.
- Vacation is a minimum of 24 calendar days per working year.
An employment contract concluded with a domestic worker may be terminated at the initiative of either party.
A domestic worker has the right to immediately unilaterally terminate an employment contract with an employer if a household member commits culpable acts against him or her that infringe on the honor or dignity of the domestic worker or interfere with his or her private life.
Taking into account the specifics of domestic work and the peculiarities of working conditions provided for by the Labor Code, domestic workers enjoy all labor rights and guarantees provided for by labor legislation, including the right to safe and healthy working conditions.
A domestic worker has the right to respect for his or her work, and the employer is obliged to create conditions for this.
Answers to the most pressing questions on the application of labor legislation, including in wartime, can be found on the information portal of the State Labor Service: pratsia.in.ua