Personal Data Protection
In January 2014 new rules on the protection and processing of personal data became effective1. Personal data holders are now required to notify the Ukrainian Parliament Commissioner for Human Rights ("Ombudsman") only about the processing of any personal data that is particularly sensitive within 30 days of commencing the processing.
Such "particularly sensitive" personal data include information about (1) racial, ethnic or national origin, (2) political opinions, religious or philosophical beliefs, (3) membership of political parties and/or organizations, trade-unions, religious or civic organizations of a particular ideology, (4) data concerning health or (5) sex life, (6) biometrical data, (7) genetic data, (8) administrative record or criminal convictions, (9) pre-trial measures, (10) measures taken under the Law of Ukraine "On Investigative and Detection Measures", (11) violent acts committed, and (12) location and/or movements.
MOBILIZATION: CONSIDERATIONS FOR EMPLOYERS
In March 2014 partial mobilization was declared and related legislative amendments came into effect2. Males under 50 who have not served in the military or have the rank of Senior Warrant Officer and below may be mobilized. For those males who have a military rank of junior officer and above an age limit will be set according to their rank (e.g. 45 for a Second Lieutenant or 65 for a Major General). If necessary, females under 50 may be drafted too.
An employer may not terminate the employment of a mobilized employee. Employers also have some additional obligations connected with mobilization, namely to: 1) ensure the timely arrival of mobilized employees at military units; 2) maintain a record of employees who are liable for military service, reservists or called up for military service; 3) take the required actions to reserve certain persons otherwise liable for military service and provide the relevant records to the proper government and/or municipal authorities; 4) make, to the extent necessary, buildings, structures, transport or other materiel available (for compensation) to the Armed Forces of Ukraine or any other authority as determined by law.
EMPLOYMENT RELATIONSHIP WITH CORPORATE OFFICERS
Additional grounds for dismissal
On 1 June 2014, Law of Ukraine No. 1255-VII "On Amendments To Certain Ukrainian Legislation on Protection of Investors" (the "Law")3 became effective. The Law introduced new grounds for termination of the employment agreements with corporate officers, namely "removal from office." In the event of termination on this ground the corporate officer will be eligible for a severance payment of at least six months' average salary.
Liability of corporate officers
Full liability of corporate officers
Pursuant to the Law, only corporate officers may be held liable for the lost profit of the company, and only if responsible for such loss. The new rules apply to all officers because the Law establishes that companies have no discretion to include additional provisions on liability of their officers in the company's constituent documents. Instead, companies are allowed to remove or suspend from office any member of the company’s executive body at any time regardless of any restrictions set forth in the relevant constituent documents.
List of cases of limited liability is narrowed
Corporate officials have limited liability (in the amount of the caused damages but no more than one month's salary) only if the damage was caused by 1) unnecessary cash payments to employees; 2) incorrect accounting and storage of money or valuables; and 3) failure to take the necessary measures to prevent down time.
On 30 May 2014, Law of Ukraine No. 1236-VII "On Amendments to Certain (Anti-discrimination) Legislation"4 became effective. It introduced such new terms as "facilitation of discrimination" and "declared intent of discrimination"; and changed the notion of "discrimination". In particular, discrimination is now not "an act or omission of a certain person", it is "the existence of circumstances resulting in discrimination against certain persons or groups of persons". Moreover, a person who has experienced discrimination is required only to state the facts that prove that discrimination really occurred. Also, in addition to the Ombudsman and the courts, a discrimination claim can be made with other government authorities, authorities of the Autonomous Republic of Crimea, local government authorities, and the relevant officers of such bodies.