23:30, 21 October 2026
3 min
The draft does not explicitly mention some categories that currently have the right to work from home due to family circumstances, including parents of two or more children under 15 years old and employees caring for a child under six years old based on a medical certificate.
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Draft Labor Code No. 16010-1 proposes changes to the rules of remote work: to define the procedure for recording working hours, enshrine the right to disconnect, review guarantees for parents, and strengthen requirements regarding employer equipment liability, explained the Labor and Employment Inspection of the Dnipro City Council.
Remote Work Will Become a Separate Type of Employment Contract
The current Article 60-2 of the Labor Code of Ukraine (LCU) defines remote work as a form of labor organization where the employee performs work outside the employer’s premises or territory, at any chosen location, using information and communication technologies.
The draft Labor Code No. 16010-1 proposes a somewhat different approach. Article 79 explicitly defines the remote work contract as a special type of employment contract.
This wording emphasizes that remote work is not just permission to work from home but a distinct format of labor relations whose conditions must be defined by the corresponding contract.
At the same time, the draft retains the main principles of current legislation. The employee will still be able to work outside the employer’s premises or territory, independently choose the place of work, and use electronic communication technical means. By agreement of the parties, remote work can be combined with work in the office or on the employer’s premises.
The prohibition on concluding a remote work contract in the presence of harmful and/or dangerous professional factors also remains.
Thus, the possibility to work remotely is not canceled. Instead, the draft proposes to change certain rules for organizing such work and guarantees for its participants.
How Working Hours of Remote Employees Will Be Recorded
According to the current Article 60-2 of the LCU, a remote employee independently distributes working time. Internal labor regulations do not apply to them unless otherwise provided by the employment contract. At the same time, the total working time cannot exceed the legally established norms.
The draft retains this principle but adds a separate requirement. According to part nine of Article 79, the time worked by a remote employee will be recorded according to the procedure established by the employer.
Thus, the employer will be able to determine exactly how to record the working time of remote employees. The specific mechanism will depend on the work organization and established rules. This could be an electronic time tracking system, a timesheet, or another appropriate method of time recording.
At the same time, recording working time should be distinguished from controlling every action of the employee. The mere introduction of time tracking does not mean the employer gains unlimited rights to monitor the person.
The draft explicitly states that the procedure for performing remote work established by the employer must not violate the employee’s rights to personal data protection, private and family life.
Therefore, employers will need to clearly define the procedure for recording working time, and employees must understand how their job performance will be recorded. This should help avoid disputes regarding the actual time worked and task completion.
The Right to Disconnect: Will Employers Be Able to Demand Constant Availability?
The current LCU already provides a guarantee for remote employees — rest time during which they can interrupt any information and telecommunication connection with the employer. Such disconnection is not considered a violation of the employment contract or labor discipline.
The draft Labor Code retains this guarantee but formulates the corresponding norm differently.
According to part ten of Article 79, the employee will be granted rest time during which the right to disconnect is guaranteed. This will include the possibility to interrupt any connection with the employer, including
Rest time and disconnection periods will be defined in the employment contract.
Thus, the main change is not the introduction of a new right but its enshrinement in the future Labor Code. Since disconnection periods will be defined by contract, the parties will need to agree on them and formulate them clearly enough.
For employers, this will mean the need to review approaches to communication with remote employees, and for employees — the opportunity to better separate working time and rest.
Remote Work for Parents: The List of Employee Categories May Be Reduced
One of the most noticeable changes in the draft is the revision of the list of employees who can claim remote work due to family circumstances.
Currently, part twelve of Article 60-2 of the LCU provides the possibility to work remotely if it is possible considering the work performed and the employer has the appropriate resources and means. This norm applies to the following categories:
- pregnant women;
- employees with a child under three years old;
- employees caring for a child according to a medical certificate until the child reaches six years old;
- employees with two or more children under 15 years old;
- employees with a child with a disability;
- parents of a person with a childhood disability subgroup A of group I;
- persons who have taken custody of a child or a person with a childhood disability subgroup A of group I.
Separately, the current LCU provides the possibility to work remotely by agreement with the employer during the child’s remote learning period up to 14 years old in a general secondary education institution.
The draft proposes a different list. Part thirteen of Article 79 provides the possibility of introducing remote work upon application for:
- pregnant employees;
- employees with a child under one and a half years old;
- employees with a child with a disability.
At the same time, the fundamental condition remains: remote work must be possible considering the work performed, and the employer must have the appropriate resources and means.
Thus, the list of employee categories explicitly entitled to this possibility is narrowed in the draft. In particular, the current LCU covers employees with children under three years old, whereas the draft refers to children under one and a half years old.
The draft list also does not explicitly mention employees caring for a child under six years old based on a medical certificate, those with two or more children under 15 years old, raising a child with a childhood disability subgroup A of group I, or guardians of the respective categories of children or persons. Additionally, there is no separate guarantee regarding remote learning of a child under 14 years old.
Therefore, Article 79 of the draft contains a shorter list of employee categories who can claim remote work due to family circumstances.
Remote Work as Temporary Protection Against Discrimination, Mobbing, and Harassment
The current LCU allows an employee to demand temporary transfer to remote work for up to two months if discriminatory actions were taken against them at the workplace.
Part twelve of Article 79 of the draft provides the possibility to demand temporary introduction of remote work if actions containing signs of:
- discrimination;
- mobbing (bullying);
- harassment (sexual harassment).
Thus, the draft explicitly names mobbing and harassment.
At the same time, this norm does not mean automatic establishment of discrimination, mobbing, or harassment. The employee must provide facts confirming the relevant circumstances.
The employer may refuse if remote work is impossible considering the labor function or if the employee has not provided facts confirming the relevant circumstances.
The effectiveness of such a mechanism will depend on how employees can confirm the circumstances they refer to and how employers consider such requests.
Equipment for Remote Work: Who Will Pay the Costs
Full-fledged remote work may require a computer, software, information protection means, and technical maintenance.
The current Article 60-2 of the LCU provides that the procedure and timing for providing the employee with necessary means, compensation for using personal or rented equipment, and reimbursement of other expenses are determined by the employment contract.
If the contract does not contain provisions on providing the employee with necessary equipment and means, the employer provides them. The employer also organizes installation and technical maintenance of the respective means and pays related costs.
The draft retains this model in parts six to eight of Article 79.
At the same time, clear wording of contract conditions will be important to prevent disputes over cost compensation. Therefore, the parties should predefine:
- which equipment the employer provides;
- who organizes its installation and technical maintenance;
- who pays the related costs;
- whether the use of personal computer and other means is compensated;
- the procedure for the employee to report completed work;
- how and when the equipment is returned to the employer.
Full Material Liability: What Will Change Regarding Equipment Rules
The current Article 134 of the LCU provides full material liability if damage is caused by shortage, destruction, or damage to equipment and means provided to the employee for remote or home-based work.
It is separately noted that upon dismissal and failure to return the provided equipment, the employee may be charged the book value of this property according to the procedure established by the Code.
Article 135-1 of the LCU allows concluding a written agreement on full material liability with an employee aged 18 or older if appropriate conditions exist. This applies, in particular, to remote or home-based work using employer’s equipment.
The draft proposes to regulate these issues in Articles 227 and 228.
Part one of Article 227 explicitly provides full material liability if direct actual property damage is caused by:
- equipment shortage;
- failure to return equipment;
- equipment destruction;
- damage to equipment and means provided for home-based or remote work.
Thus, failure to return equipment is explicitly included in the list of cases of full material liability.
This clarification differs from the wording of the current Article 134, which separately links charging the book value of unreturned equipment with employee dismissal.
At the same time, this does not mean the employer can unconditionally claim any amount solely based on a statement about not returning a laptop. For applying material liability, it is necessary to consider the legal grounds, the presence of direct actual property damage, and the prescribed procedure for its compensation.
The method of formalizing the respective conditions may also change. While the current Article 135-1 provides the possibility of concluding a separate written agreement on full material liability, Article 228 of the draft proposes establishing such conditions directly in the employment contract with an employee aged 18 or older performing home-based or remote work using employer’s equipment and means.
This changes the way material liability is contractually formalized.
Employers will need to pay special attention to documenting equipment transfer, its value, condition, and return procedure. Employees should carefully check employment contract conditions, especially provisions on liability for employer’s property.
Long-Term Illness: Employer Must Consider Possibility of Remote Work
Articles 105 and 108 of the draft deserve special attention. They concern not only remote work but also the possibility of terminating labor relations.
The current LCU provides for the possibility of dismissing an employee due to absence from work caused by temporary incapacity for more than four consecutive months, except for cases established by law.
The draft proposes a different approach. According to part two of Article 105, the employer will have the right to terminate the employment contract on this basis only if the employee refused the offered remote work or remote work is prohibited due to their health condition.
This may become one of the most important changes for employees who cannot perform work in the usual mode for a long time.
For example, a person undergoes long-term treatment, but their health condition allows performing certain labor functions remotely. If the nature of the work allows remote work, the employer will have to consider this option.
At the same time, remote work will not become an automatic right for every employee who is ill for more than 120 days. The possibility of performing specific work remotely, the employee’s health condition, and other conditions provided by law will matter.
The essence of the proposal is that before terminating labor relations due to long-term incapacity, the employer must consider the possibility of continuing work remotely.
This is especially relevant for employees whose work is related to documents, information, consultations, analytics, or other tasks that can be performed outside the workplace.
At the same time, this norm should be considered taking into account other draft provisions and guarantees of job retention for certain illnesses.
Unsuitability for Position: Remote Work as an Alternative to Dismissal
Article 108 of the draft provides for the possibility of terminating the employment contract in case of employee unsuitability for the held position or performed work for specified reasons.
- health condition preventing continuation of work and confirmed by a medical certificate;
- qualification mismatch confirmed by certification results;
- loss of the right to drive vehicles or other permits necessary for work;
- refusal or cancellation of access to state secrets if required for work.
Part three of Article 108 provides for dismissal if the employee cannot be transferred to another job, including remote work, with their consent.
Thus, the remote format is considered one of the possible ways to continue labor relations.
For example, if the employee’s health condition does not allow performing certain tasks in the office but they can work remotely, this option may be considered provided there is appropriate work and the employee agrees to the transfer.
At the same time, the draft does not oblige the employer to create a new position or transfer the employee to work they cannot perform.
Thus, remote work can become one of the mechanisms to preserve employment but not a universal way to avoid dismissal.
Employer Will Inform Employee Representatives About Remote Employment
Another innovation is contained in part eleven of Article 79 of the draft.
The employer will have to create conditions for communication and cooperation between remote employees and colleagues working on the employer’s premises, as well as with employee representatives.
Additionally, the draft provides an obligation to inform employee representatives about concluded remote work contracts. Upon their request, the employer must provide relevant information regularly, but at least once a calendar year.
- the number of remote employees;
- their positions;
- average salary by professional groups if the group consists of more than two employees;
- gender distribution.
This should make the organization of remote work more transparent. Employee representatives will be able to receive information about the number of people working remotely, their positions, and average salaries in relevant professional groups.
Such data can help identify possible differences in working conditions, discuss equality issues, and represent employee interests.
At the same time, the volume of information must consider personal data protection requirements. In particular, information about average salaries is to be provided for professional groups with more than two employees.
Thus, remote work will be considered not only as an individual agreement between employee and employer but also as a matter subject to collective representation and social dialogue.
What the New Labor Code Will Change for Remote Employees
Draft Labor Code No. 16010-1 proposes a more comprehensive regulation of remote work. Its provisions concern the organization of working time, the right to rest, equipment provision, material liability, protection against discrimination, and the possibility to continue labor relations under certain circumstances.
Key changes include the introduction of working time recording procedures, enshrining the right to disconnect in the employment contract, revising the list of employees eligible for remote work due to family circumstances, and explicitly including failure to return equipment among cases of full material liability.
Separately, the draft provides for considering the possibility of remote work before dismissal due to long-term incapacity or unsuitability for the position. At the same time, this format will not be a universal solution: its application will depend on the nature of the work, the employee’s health condition, and other conditions provided by law.
Thus, remote work in the draft is viewed not only as a way to perform duties outside the office but also as one of the mechanisms for labor organization and employment preservation.
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