The landscape of remote work in Ukraine has evolved significantly in recent years, becoming a mainstream practice for many companies. This is fueled by technological advancements and legal reforms.

Legal Framework

The Law of Ukraine "On Amendments to Certain Legislative Acts Concerning Improving the Legal Regulation of Teleworking" (Law No. 1215-IX), which came into effect on February 27, 2021, established the legal framework for remote work in Ukraine. This law distinguishes between two primary categories:

• Remote Work: Performed from a location outside the employer's premises using information and communication technologies.
• Home Work: Performed from the employee's home using their own equipment.

The law outlines several key aspects of remote work arrangements:

• Employee Rights: Employees have the right to request remote work arrangements, particularly pregnant women, parents with young children, and people with disabilities.
• Employer Obligations: Employers are required to specify the terms and conditions of remote work, including work schedule, communication methods, and performance evaluation, within the employment contract.
• Equipment and Expenses: The law doesn't explicitly mandate employers to provide equipment or reimburse internet/phone costs for remote work. However, agreements within employment contracts can address these aspects.
• Right to Disconnect: Remote workers have the right to disconnect outside working hours and during rest periods.

Technological Infrastructure

A robust technological infrastructure is crucial for successful remote work in Ukraine. Key considerations include:

• Reliable Internet Connectivity: Both employers and employees need access to high-speed and stable internet connections to facilitate seamless communication and data transfer.
• Secure Communication Tools: Secure video conferencing platforms, instant messaging applications, and cloud-based collaboration tools are essential for effective communication and project management.
• Data Security Measures: Strong data encryption, access controls, and cybersecurity protocols are necessary to safeguard sensitive company information while working remotely.

Employer Responsibilities

Employers in Ukraine have several responsibilities regarding remote work:

• Policy Development: Creating a comprehensive remote work policy outlining expectations, communication protocols, data security measures, and the right to disconnect is crucial.
• Training and Support: Providing training on remote work tools, data security practices, and effective communication techniques can enhance employee productivity and well-being.
• Performance Management: Establishing clear performance metrics and conducting regular performance evaluations are essential for managing remote teams effectively.
• Workplace Safety Considerations: While there are no specific legal guidelines on ergonomics for remote work in Ukraine, employers should encourage employees to maintain a safe and healthy workspace at home.

The Ukrainian labor market is increasingly offering a variety of flexible work options beyond the traditional full-time employment. These options provide employees with the opportunity to balance their work and personal life more effectively.

Part-Time Work

Part-time work is a flexible work arrangement that allows employees to work a reduced schedule compared to a full-time position. The Labor Code of Ukraine (LCU) doesn't specify a minimum or maximum number of working hours for part-time positions. It's crucial for both the employer and employee to establish clear agreements regarding working hours, compensation (pro-rated based on full-time pay), and benefits eligibility (if any) in a written employment contract.

Flexitime

Flexitime is another flexible work arrangement that allows employees some variation in their start and finish times within a set daily or weekly working hour range. This arrangement can be beneficial for managing personal commitments or errands outside of traditional working hours. While there are no specific legal guidelines on flexitime in Ukraine, employers can establish company policies outlining core working hours (when everyone is expected to be available) and flexible working windows.

Job Sharing

Job sharing is a flexible work arrangement that allows two or more employees to share the responsibilities of a single full-time position. This arrangement can be a good option for those seeking reduced workloads or wanting to re-enter the workforce after a break. Similar to part-time work, compensation and benefits should be pro-rated and documented in a written agreement following the Labor Code of Ukraine.

The rise of remote work in Ukraine necessitates strong data protection and privacy measures to safeguard both employer and employee information.

Employer Obligations

The Law of Ukraine "On Protection of Personal Data" (PDL) establishes the foundation for data privacy in Ukraine. Employers with remote workers have specific obligations under the PDL:

• Lawful Processing: Data collection from employees, whether remote or in-office, must adhere to the principles of legality, purpose limitation, and data minimization.
• Transparency and Consent: Employees have the right to be informed about the data collected, its purpose, and with whom it's shared. Employers must obtain employee consent for data processing.
• Security Safeguards: Employers must implement appropriate technical and organizational security measures to protect personal data from unauthorized access, disclosure, alteration, or destruction.

The Law of Ukraine "On Amendments to Certain Legislative Acts Concerning Improving the Legal Regulation of Teleworking" (Law on Teleworking) further emphasizes employer responsibilities in remote work settings:

• Clear Communication: Employers are required to specify data security measures within the employment contract for remote work arrangements.

Employee Rights

The PDL empowers remote employees with data privacy rights:

• Access and Correction: Employees have the right to access their personal data held by the employer and request corrections if inaccurate.
• Objection and Restriction: Employees can object to the processing of their data or request restrictions on its use.
• Data Erasure: Under certain circumstances, employees can request the erasure of their personal data.

Best Practices for Securing Data

Employers and employees should collaborate to ensure data security in remote work environments. Here are some best practices:

• Company Policy: Establish a clear data protection policy outlining acceptable data usage, storage protocols, and security measures for remote work, complying with the PDL.
• Secure Equipment: Provide or ensure employees have access to secure work devices with firewalls, antivirus software, and encryption for data at rest and in transit.
• Access Controls: Implement strong access controls to limit access to sensitive data only to authorized personnel.
• Employee Training: Train employees on data security best practices, including password management, phishing awareness, and recognizing suspicious activity.
• Regular Backups: Maintain regular data backups to ensure recovery in case of data breaches or loss.

By understanding their obligations and rights under Ukrainian data protection laws and implementing best practices, both employers and remote employees can work towards a secure and privacy-conscious work environment.