This Collective Agreement is also unique in that employees have fixed guarantees in case of redundancy. In accordance with the law and court practice, the employer must offer all other relevant vacant positions at the company when making employees redundant.
The collective agreement of Nova Poshta LLC is the only one in Ukraine that protects employees from possible violations and lengthy litigation. It was based on the court practice that the provision was formulated that in the event of redundancy, 'employees shall be offered vacancies at the company at least three times within two months after the employee is notified of the redundancy' (clause 3.9).
The collective agreement set the timeframe for the trade union to agree on the dismissal of employees at the initiative of the company's administration (i.e. redundancy) at three months, and also obliged to provide information on the reasons for the following dismissals, the number and categories of employees to whom it may apply, i.e. employees will be notified three months before the redundancy (instead of two months as stated in the Labour Code).
At the same time, the Law stipulates that employees subject to redundancy shall be offered available vacancies in accordance with their speciality/qualifications inthe first instance and at least three times.
Another innovation is paid leave in the last month of employment to search for a new job in the event of redundancy for at least one day on Sunday. This means that an employee can take time off for a job interview without fear of being fired for absenteeism.
Another important provision is that employees dismissed in connection with the liquidation or reorganisation of the Company, reduction in the number or staff, in addition to severance pay provided for by applicable law, are paid an allowance, the amount of which depends on the total length of service at the company:
3 to 5 years + 1 average monthly salary
5 to 8 years + 2 average monthly salaries
8 to 10 years + 3 average monthly wages
10 years + 4 average monthly wages
These provisions are primarily positive for the employee and also for the company, as they build employee loyalty by guaranteeing security in the event of structural changes in the company and significantly encourage the employer to do everything possible to preserve the employee's job, and if not, to provide him or her with another suitable job.