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In brief

On 16 July 2021, the Order of the Ministry of Economy of Ukraine No. 913-21 approving the templates of employment agreements on home and distance work came into effect (“Order“). 


  1. Key takeaways
  2. Recommended actions

Key takeaways

Employers can use the templates approved by the Order for drafting employment agreements on home and distance work with their employees, because Ukrainian law requires making such employment agreements in writing, except in certain exceptional situations.

As a reminder, starting from 27 February 2021, home work and distance work are treated as two separate work time arrangements, which are legally different from work in the office or production facilities of the employer. In particular, special norms apply regarding work safety of distance and home-based employees, the provision of the tools and materials to perform work, the employees’ material liability for their employer’s property, etc. The law also mentions the possibility of combining distance work with work at the workplace provided by the employer, but there is no detailed regulation in this regard and employers must fill this gap on their own. 

Recommended actions

  • Bring the employment agreements of employees working from home or remotely in line with the law.
  • To avoid employee claims and court disputes, prepare and implement internal policies to govern work arrangements when work is done partially at the office and partially remotely.

Click here to access the Ukrainian Version.


Lina Nemchenko is partner in Baker McKenzie's Real Estate Practice Group in Kyiv. She also advises clients on natural resources and M&A law. Ms. Nemchenko has been recommended by PLC Which Lawyer? 2009 for her prominent advises in the field of real estate and construction, and has been acknowledged as one of the top advisers for land law by Ukrainian Law Firms: A Handbook for Foreign Clients. She has likewise been cited by Chambers Europe in its 2008-2009 editions for her “deep experience in handling the peculiarities of Ukranian law.” Chambers Global has also ranked Ms. Nemchenko as a leading individual in the her area of practice for three consecutive years.


Mariana Marchuk is a counsel in Baker McKenzie's Kyiv office. She has over 17 years of practical experience in the areas of corporate law, M&A, reorganizations, labor and employment, as well as compliance and anti-corruption. Prior to joining the Kyiv office of Baker McKenzie in 1997 as an associate, Ms. Marchuk worked as a legal adviser for one of the Big Six consulting firms. From 1999 up to 2004, she worked in Moscow as an associate for a major Wall Street law firm and subsequently for Baker McKenzie. In 2004, she returned to the Kyiv office of the Firm and in 2010 she was made a counsel.

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