What should an employer do if his employee is elected to the local council?

What should an employer do if his employee is elected to the local council?

Every citizen has the right to be elected to a local council under to the Constitution of Ukraine. But it is unclear what will happen to his place of work. Will he be able to keep his position and what should the employer do?

Is it obligatory to fire an employee when he is elected a deputy?

The law on the status of local councilors provides that they can combine political affairs with earnings. It is allowed to exercise power without interrupting the main activity: production or service.

There are significant exceptions. For example, if a member of a local council is elected secretary, chairman of the council, or deputy chairman, he has no right to combine official activities with other work. It also means that you cannot run a business or profit from it. The only thing that is possible: to engage in teaching, creative or scientific activities in their free time.

If a deputy is a secretary, chairman of the council or deputy chairman, he must be relieved of the position he held before his appointment. The initiator of the dismissal must be an employee. He must notify about the termination of the employment contract with the company in advance at his will.

Does the employee keep his place of work in the event of his election to the deputy?

Former employees of the company are entitled to certain guarantees in accordance with the law if elected. So, after the expiration of their parliamentary powers, they must be transferred to their previous position. If it is not possible to provide a previous place of work, then an equivalent job with the consent of the employee is supposed.

When the company hires another employee instead of the one elected to the local council, a fixed-term employment contract must be concluded with this specialist. It terminates when the powers of a local council deputy are terminated. These guarantees remain even in the event of early dismissal.

What if a former employee cannot be given a similar job?

The former deputy retains the average salary for the last six months, when he was in the civil service in the council. The money is paid from the local, regional or rural budget, depending on the place of the elections. For this, two documents are submitted:

✅ The employment history

✅ The certificate from the company about the impossibility of employment for a previous or similar job

✅ If a deputy was unemployed before the elections, such guarantees do not apply to him

How can an employer draw up documentation in the absence of his deputy employee at work?

Sometimes MPs who do not receive a salary for government activities must be present at a local council meeting. They need to officially give up their main job. According to the law, they cannot be dismissed for this and their average monthly salary is retained. The company is not obligated to pay him the hours spent at the city council meeting. The salary is paid from the local budget.

The company must release an employee from production or duties during his term of office. For example, it is a scheduled session. It is formalized by an official order of the employer. There are director of the enterprise or other authorized person. The employee must provide the following documents:

? The people’s deputy ID

? The document confirm the right to be absent from work. It is an official message about the planned convocation of a meeting of deputies for example

? The employee statement

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