Legal Regulation of Homework: Changes in Labor Legislation of Ukraine

The publication examines labor issues concerning domestic workers in accordance with the Law of Ukraine “On Amendments to Certain Legislative Acts of Ukraine on the Regulation of the Labor of Domestic Workers.” The article analyzes the concepts of “domestic worker”, “domestic work”, and “household”; defines their characteristics; and distinguishes between domestic work, home work, and remote work. The article considers the rights and guarantees granted to employee under national legislation and ILO Convention No. 189, including general labor rights, as well as respect for personal dignity, privacy, and the right to determine working hours with regard to time needed for education. The article elaborates on labor law provisions concerning employment contracts with domestic workers; for example, contracts should include information about food and housing (if provided), the length of the trial period (if applicable), and other relevant terms. It is established that the employer may be a member of the household, the entire household, a representative of an individual, or a healthcare agency, while a domestic worker may be any individual over the age of 16. The article highlights the problems identified by specialized Committees of the Verkhovna Rada of Ukraine during the drafting stage, including the absence of a law ratifying ILO Convention No. 189, failure to account for the employee’s right to determine their living conditions in the household, and lack of protection against being forced to remain in the household during rest periods. The article examines a decision of the European Court of Justice emphasizing the importance of upholding domestic workers’ right to access social security benefits, regardless of the specific nature of their employment relationship. The study concludes that incorporating provisions on domestic work into national legislation reflects Ukraine’s consistent fulfillment of human rights obligations and represents a progressive step toward EU accession.