Important and/or distinctive aspects of recruitment legislation in Ukraine
Generally, employers should only ask applicants to provide documents and information as required by law. The basic list of the documents to be submitted upon employment is as follows:
- passport or other ID;
- employment record book; and
- academic qualification documents.
The Labor Code of Ukraine directly prohibits employers requesting information relating to an applicant's political party membership, nationality, origin, residence or any other documents unless required by law.
There is specific legislation regulating recruitment for certain roles and professions. For instance, candidates for positions with state and local government authorities (including judges and positions with law enforcement agencies) must satisfy a special check including, inter alia:
- criminal record and conviction check;
- administrative liability check with regard to corruption offences;
- transparency return (property check);
- corporate rights;
- health and education checks;
- screening of officials;
- military service check; and
- access to official secrets.
Candidates are also required to undergo a health check before they are employed, as well as periodic health checks if employed in relation to certain roles and industries including:
- service industry, where employees are in contact with other people (e.g. hotels and leisure, public catering);
- healthcare facilities;
- educational institutions;
- employees with heavy, harmful or dangerous work conditions or where a health check is required for professional reasons;
- military service; and
- employees under the age of 21.
Applicants may be asked to voluntarily disclose certain information in the course of the recruitment process. However, employers must obtain their consent before processing an applicant's personal data and inform the applicant on how such data will be collected, processed, stored and transferred to third parties. Background checks and online and social media checks are not regulated in Ukraine, but some companies have their own internal security policies which require additional checks.
Employers must comply with the above applicable laws and only request documents and information as required by law to avoid any potential discrimination claims from employees or sanctions from the relevant authorities.