Employees Nearing Retirement Age Have Preferential Right to Keep Their Jobs
On 30 April 2017, Law of Ukraine No. 2005-VIII "On Amendments to Article 42 of the Labor Code of Ukraine On Protection of Labor Rights of Employees," dated 6 April 2017, came into effect (the Law).
The Law extended the categories of employees who have a preferential right to keep their job in case of redundancy if the qualifications and productivity of the employees are equal. In particular, from now, such right is granted to employees who have less than three years before reaching their retirement age.
By way of reminder, the preferential right to keep a job in case of redundancy belongs to those employees who have better qualifications and higher productivity. However, if the qualifications and productivity of such employees are equal, certain categories of employees will have a preferential right to keep their job (in particular, employees with dependents; employees who have longer uninterrupted work history with their employer; war veterans; employees who are the sole breadwinner in their family, etc.).
To avoid unlawful terminations, employers should properly maintain the personnel files of their employees to ensure that they always contain up-to-date information, and duly analyze this information when deciding on which employees will be subject to redundancy.