Reform Index №201: law to prevent mobbing of employees

Reform Index №201: law to prevent mobbing of employees

Photo: / AllaSerebrina
25 January 2023

In issue 201 (issue 194 before the audit) of the Reform Index, three changes have been included for the period from December 5 to December 18. The Reform Index remains as low as +0.3 points, with values ranging from -5 to +5.

In the same period, law 2825-IX on liquidating the District Administrative Court of Kyiv and forming the Kyiv City District Administrative Court was also signed. This law is an important, albeit technical, step to cleanse Ukraine’s judicial system since it eliminates a compromised court but does not change the global game rules in this area. Therefore, we dedicated a separate piece to this law. Experts rated the law at +2.0 points.

Chart 1. Reform Index Dynamics

Chart 2. Reform Index and its components in the current round

Law on  preventing mobbing of employees, +1.0 points

At the end of 2022, the President signed Law 2759-IX on combating workplace bullying that introduced the concept of “mobbing” into Ukrainian legislation and defined possible forms of putting psychological and economic pressure on employees.

Employers are obliged to take measures to ensure the safety and protection of their employees’ physical and mental health.

When instances of mobbing have been established in the court, the harmed employee has the right to quit at any time without giving two weeks’ notice as specified in the ‘usual’ Ukrainian legislation. In this case, the employer must pay the employee severance pay equal to at least three months’ average salary. Mobbing towards colleagues, as established by the court, is considered the reason for dismissing employees by their employers.

The anti-bullying law implements the provisions of the European Social Charter, ratified by Ukraine in 2006, as well as EU Directive 2000/78/EC, stating in particular that “direct discrimination shall be taken to occur where one person is treated less favourably than another is, has been or would be treated in a comparable situation on any of the grounds” and EU Directive 89/391/EU regarding safe working conditions.

Information about the Reforms Index project, the list of Index experts and the database of the regulations assessed are available here.

Chart 3. Value of Reform Index components and number of events

Reform Index from VoxUkraine aims to provide a comprehensive assessment of reform efforts by Ukraine’s authorities. The Index is based on expert assessments of changes in the regulatory environment in six areas: Governance, Public Finance, Monetary system, Business Environment, Energy, Human Capital.

This article was prepared with the financial support of the European Union. Its content is the sole responsibility of Kseniia Alekankina and does not necessarily reflect the views of the European Union.



The author doesn`t work for, consult to, own shares in or receive funding from any company or organization that would benefit from this article, and have no relevant affiliations