Collective labour agreement
incentive and compensation payments
combating gender-based violence
guarantees in case of remote work
2 days of additional leave for working with a computer
3 days of additional leave for members of the volunteer fire squad
additional guarantees in case of redundancy
supply of drinking water
supply of coffee, tea and sugar to all employees
the right to an additional leave to search for a new job during working hours
+20% for performing the duties of a temporarily absent employee
additional guarantees for trade union-related activities (paid hours for trade union work, leave for trade union training)
+10% surcharge for office space cleaners
Collective labour agreement
Combating gender-based violence
Additional guarantees in case of redundancy
Guarantees in case of remote work
Additional guarantees for trade union-related activities
Additional paid leave for working with a computer
Free supply of drinking water, coffee/tea and sugar for all employees, including those working remotely
"For the first time in Ukraine (and in our region), the NOVA POSHTA collective labour agreement contains a provision on the employer’s obligation to prevent gender-based violence at the workplace. This is important because combating various forms of violence and discrimination at work promotes a better atmosphere in the team and increases performance. Furthermore, the provision is not declarative since the employer has undertaken to perform specific prevention measures: informing, emphasizing, surveying, inspecting (auditing). Moreover, the very wording itself "gender-based violence" reflects the fact that both the trade union and the employer are following current trends in labour sphere. A new ILO Convention No. 190 on combating gender-based violence (Violence and Harassment Convention) was adopted in 2019. While other countries are still negotiating its ratification, the NOVA POSTA collective labour agreement already meets its requirements and specifically at the local level provides for preventive measures to prevent violence at work.
The administration undertakes:
to ensure prevention (informing, emphasizing, surveying, inspecting (auditing)) the prevention of gender-based violence (physical, psychological, sexual, economic) at the workplace."
This Collective Labour Agreement is unique also because the employees have enshrined guarantees in case of redundancy. According to the legislation and case-law, an employer shall be deemed to have observed the redundancy procedure if the employee has been offered all other vacancies (other jobs) that appeared in the company during the redundancy notice period (2 months) and existed on the day of dismissal.
The Collective Labour Agreement of NOVA POSHTA LLC (the only one in Ukraine) protects employees from such potential violations and intense litigation. Case-law became the basis for the formation of the provision that in case of redundancy "vacancies shall be offered to employees in the company at least three times within two months after the employee is notified of the redundancy."
"3.9. [...] Employees shall be offered vacancies at least three times within two months after the employee is notified of the redundancy in the number of employees or staff."
Yet another innovation of 2021 is paid working days to search for a new job in case of redundancy. It means that an employee may leave for an interview without fear of being fired for an unexcused absence.
"Employees who have been notified in accordance with the established procedure of dismissal from the Company on the grounds stipulated by clause 1 Art. 40 of the Labour Code of Ukraine, shall have the right to additional leave to search for a new job during working hours, but at least one business day a week during the second month from the date of notification of dismissal while the average salary shall be preserved."
These provisions are primarily positive for the employee, as well as — for the company since they form the loyalty of employees by guaranteeing security in case of structural changes within the company.
It was only at the end of February 2021 when amendments to the Labour Code on remote work and work from home entered into force in Ukraine. The NOVA POSHTA Collective Labour Agreement has been amended earlier demonstrating how cool the company and the trade union are keeping up with the times. In addition, some developments of the collective labour agreement have been cited as a positive practice during the preparation of draft law No. 4051 on the regulation of remote work in Ukraine.
"3.11. For employees working remotely, the provision of means of work related to information and communication technologies used by the employee shall be entrusted to the Administration ensuring relevant installation and maintenance, as well as payment of the related expenses. The Administration shall provide an equipped workplace (laptop/system unit, monitor, handle, keyboard, Internet access), if necessary — furniture (table, chair, shelves, etc.) and delivery of relevant equipment to the location of remote work."
"5.21. The company provides employees with short-term paid leaves if they organize and/or participate in the events held by the Trade Union Party of regional and national status up to 3 (three) calendar days".
The administration must
10.6. Provide free off-duty time with the preservation of average salary to members of elected trade union bodies not released from their job or official duties, to perform their powers and public duties in the interests of the staff: for the chairman of the trade union — 5 hours a week; members of the trade union — 3 hours a week. Provide free off-duty time only after approval by the immediate supervisor of the unit.
For the period of trade union training, to provide employees elected to elected trade union bodies with additional leave of up to 8 calendar days in a calendar year with the preservation of salary at the expense of the enterprise".
The list of positions for which leave for working with a computer is stipulated is constantly expanding.
"5.5. Employees working with a computer, whose work is associated with increased emotional and intellectual load, shall be provided with additional annual leave of 2 calendar days for a special nature of work."
"7.1.26. In order to improve the sanitary and utility working conditions, eliminate the risk of deterioration of employees' health due to consumption of poor-quality drinking water, to ensure the purchase of packaged drinking water, tea, coffee and sugar. To ensure free access to drinking water for tea, coffee, and sugar for all employees of the Company, and if employees work remotely or from home — to ensure delivery of drinking water, tea, coffee and sugar to such employees.
Such provisions are widely applied in the collective labour agreements of leading Western companies and non-governmental organizations, which highlights the progressive nature of NOVA POSHTA.
Combating gender-based violence
"For the first time in Ukraine (and in our region), the NOVA POSHTA collective labour agreement contains a provision on the employer’s obligation to prevent gender-based violence at the workplace. This is important because combating various forms of violence and discrimination at work promotes a better atmosphere in the team and increases performance. Furthermore, the provision is not declarative since the employer has undertaken to perform specific prevention measures: informing, emphasizing, surveying, inspecting (auditing). Moreover, the very wording itself "gender-based violence" reflects the fact that both the trade union and the employer are following current trends in labour sphere. A new ILO Convention No. 190 on combating gender-based violence (Violence and Harassment Convention) was adopted in 2019. While other countries are still negotiating its ratification, the NOVA POSTA collective labour agreement already meets its requirements and specifically at the local level provides for preventive measures to prevent violence at work.
The administration undertakes:
to ensure prevention (informing, emphasizing, surveying, inspecting (auditing)) the prevention of gender-based violence (physical, psychological, sexual, economic) at the workplace."
Additional guarantees in case of redundancy
This Collective Labour Agreement is unique also because the employees have enshrined guarantees in case of redundancy. According to the legislation and case-law, an employer shall be deemed to have observed the redundancy procedure if the employee has been offered all other vacancies (other jobs) that appeared in the company during the redundancy notice period (2 months) and existed on the day of dismissal.
The Collective Labour Agreement of NOVA POSHTA LLC (the only one in Ukraine) protects employees from such potential violations and intense litigation. Case-law became the basis for the formation of the provision that in case of redundancy "vacancies shall be offered to employees in the company at least three times within two months after the employee is notified of the redundancy."
"3.9. [...] Employees shall be offered vacancies at least three times within two months after the employee is notified of the redundancy in the number of employees or staff."
Yet another innovation of 2021 is paid working days to search for a new job in case of redundancy. It means that an employee may leave for an interview without fear of being fired for an unexcused absence.
"Employees who have been notified in accordance with the established procedure of dismissal from the Company on the grounds stipulated by clause 1 Art. 40 of the Labour Code of Ukraine, shall have the right to additional leave to search for a new job during working hours, but at least one business day a week during the second month from the date of notification of dismissal while the average salary shall be preserved."
These provisions are primarily positive for the employee, as well as — for the company since they form the loyalty of employees by guaranteeing security in case of structural changes within the company.
Guarantees in case of remote work
It was only at the end of February 2021 when amendments to the Labour Code on remote work and work from home entered into force in Ukraine. The NOVA POSHTA Collective Labour Agreement has been amended earlier demonstrating how cool the company and the trade union are keeping up with the times. In addition, some developments of the collective labour agreement have been cited as a positive practice during the preparation of draft law No. 4051 on the regulation of remote work in Ukraine.
"3.11. For employees working remotely, the provision of means of work related to information and communication technologies used by the employee shall be entrusted to the Administration ensuring relevant installation and maintenance, as well as payment of the related expenses. The Administration shall provide an equipped workplace (laptop/system unit, monitor, handle, keyboard, Internet access), if necessary — furniture (table, chair, shelves, etc.) and delivery of relevant equipment to the location of remote work."
Additional guarantees for trade union-related activities
"5.21. The company provides employees with short-term paid leaves if they organize and/or participate in the events held by the Trade Union Party of regional and national status up to 3 (three) calendar days".
The administration must
10.6. Provide free off-duty time with the preservation of average salary to members of elected trade union bodies not released from their job or official duties, to perform their powers and public duties in the interests of the staff: for the chairman of the trade union — 5 hours a week; members of the trade union — 3 hours a week. Provide free off-duty time only after approval by the immediate supervisor of the unit.
For the period of trade union training, to provide employees elected to elected trade union bodies with additional leave of up to 8 calendar days in a calendar year with the preservation of salary at the expense of the enterprise".
Additional paid leave for working with a computer
The list of positions for which leave for working with a computer is stipulated is constantly expanding.
"5.5. Employees working with a computer, whose work is associated with increased emotional and intellectual load, shall be provided with additional annual leave of 2 calendar days for a special nature of work."
Free supply of drinking water, coffee/tea and sugar for all employees, including those working remotely
"7.1.26. In order to improve the sanitary and utility working conditions, eliminate the risk of deterioration of employees' health due to consumption of poor-quality drinking water, to ensure the purchase of packaged drinking water, tea, coffee and sugar. To ensure free access to drinking water for tea, coffee, and sugar for all employees of the Company, and if employees work remotely or from home — to ensure delivery of drinking water, tea, coffee and sugar to such employees.
Such provisions are widely applied in the collective labour agreements of leading Western companies and non-governmental organizations, which highlights the progressive nature of NOVA POSHTA.
Law of Ukraine
On Collective Labour Agreement and Contracts
Article 1
A collective labour agreement, contract shall be entered into based on the current legislation, obligations assumed by the parties to regulate industrial, labour and socio-economic relations and alignment of interests of employees and employers.
Article 3
A collective labour agreement shall be entered into by and between an employer and one or more trade union bodies, and in the absence of such bodies — by employees' representatives elected and authorized by the staff.
Article 5
The terms and conditions of collective labour agreements and contracts entered into pursuant to the current legislation shall be binding upon the enterprises to which they apply and parties who have entered into them.
Article 9
The provisions of a collective labour agreement shall apply to all employees of enterprises, regardless of whether or not they are members of a trade union, and shall be binding upon both the employer and employees of the enterprise. The provisions of general, sectoral (intersectoral), territorial agreements shall apply directly and shall be binding upon all entities within the area of activity of the parties who have signed the agreement.
Parties to the Collective Labour Agreement:
the employer and the trade union operating in accordance with the charter.
Term of the Collective Labour Agreement:
it shall enter into force upon its signing and shall survive the expiration date until the parties enter into a new or revise the existing agreement. It shall also remain in full and effect in case of change of composition, structure, name of the body authorized by the owner, on whose behalf this agreement has been entered into.
Correlation between the legislation and collective labour agreement:
employment agreements shall only include terms and conditions that improve the position of employees.
Our collective labour agreement
LEGAL VALIDITY
This Collective Labour Agreement has been made pursuant to the Law of Ukraine "On Collective Labour Agreements and Contracts", determines the mutual industrial, labour and socio-economic relations between the Administration and the Trade Union Party.
BINDING NATURE
The terms and conditions of the Collective Labour Agreement shall be binding on the Parties who have signed it. In case of any disputes and disagreements, these conditions may not deteriorate the position of employees in comparison with the current legislation of Ukraine.
UNIVERSAL NATURE
The provisions of this Collective Labour Agreement shall apply to all employees and shall be binding upon both the Administration and each member of the staff.
UNILATERAL CONTINUITY
Neither Party who has signed the Collective Labour Agreement may unilaterally stop the compliance with the provisions thereof.
VALIDITY
This Collective Labour Agreement shall be valid in case of change in the composition, structure, and name of the Company, and in case of its reorganization, it may be revised subject to agreement of the Parties. The provisions of this Collective Labour Agreement shall be valid until a new agreement is signed.
COLLECTIVE NATURE
The highest body of the staff shall be the Staff Conference. Delegates to the staff conference shall be elected according to the rules of representation: 60 (sixty) delegates from the Operations Directorate in proportion to the number of employees in the regional network, and 1 (one) delegate from each other Directorate.
No employment agreement (contract) signed with the employees of Nova Poshta LLC may contradict this Collective Agreement in such a way that the rights and interests of the employee in the employment agreement (contract) are in any way limited compared to the latter. For the period of martial law, some provisions are suspended by the employer.
According to Labor Initiatives NGO, the Collective Labour Agreement of NOVA POSHTA LLC VPSP has been recognized as the
"Best Collective Labour Agreement among the Trade Unions of the Country".
