Job title requirements: Translation difficulties

28/ 11/ 2018

Svitlana Svyrydenko. Head of Legal Department Accountor Ukraine When staff is hired to work in a company with foreign investments, it is often necessary to translate into Ukrainian the job titles indicated in job offers. According to letter No. 4501/4/4.3-n-18 of the State Labor Service of Ukraine dated September 24, 2018 and Item 2.14 of Guidelines for Maintaining Employees’ Employment Record Books approved by Decree No. 58 of the Ministry of Labor, Ministry of Justice and Ministry of Social Security dated July 29, 1993, the job, profession or position titles must be recorded in employment record books in accordance with the job, profession or position titles specified in the List of Professions set out by law. When labor inspections are conducted (desk audits), labor inspectors may check the information about jobs recorded in employment record books, in particular, whether the job titles recorded in employment record books are in line with those in the List of Professions. If they do not match, a fine of UAH 3,723 (about EUR 120) could be imposed on offending companies, and an administrative fine from UAH 510 to UAH 1,700 (about EUR 16 to EUR 54) could be imposed on company officers. As provided for in the Law of Ukraine On Limited Liability Companies and Additional Liability (further “LLC Law”), company officers are executives (director, management board members), supervisory board members and other individuals as set out by company charters. When a similar job title cannot be found in the List of Professions derivative words should be used (for example, head, assistant, etc. in accordance with Appendix C of the List of Professions); concisely expanding, if necessary, with terms and words shedding light on the particular workplace, work performed, line of business. It should be noted that LLC Law allows providing in company charters for names other than director, management board and director general for sole executive body, collegial executive body and board chairman, respectively. When other names are provided for in charters, it is first necessary to determine whether a civil law agreement or employment contract will be entered into with company officers. If a civil law agreement is concluded, the law imposes no restrictions on executive body name. But if an employment contract is entered into, then names should be consistent with the List of Professions (for example, company president, executive board, executive board chairman respectively). We have gained extensive experience in labor law and HR administration, and we look forward to providing you with any advice and related services you may require.

Svitlana Svyrydenko

Head of Legal Department Accountor Ukraine

When staff is hired to work in a company with foreign investments, it is often necessary to translate into Ukrainian the job titles indicated in job offers.

According to letter No. 4501/4/4.3-n-18 of the State Labor Service of Ukraine dated September 24, 2018 and Item 2.14 of Guidelines for Maintaining Employees’ Employment Record Books approved by Decree No. 58 of the Ministry of Labor, Ministry of Justice and Ministry of Social Security dated July 29, 1993, the job, profession or position titles must be recorded in employment record books in accordance with the job, profession or position titles specified in the List of Professions set out by law. When labor inspections are conducted (desk audits), labor inspectors may check the information about jobs recorded in employment record books, in particular, whether the job titles recorded in employment record books are in line with those in the List of Professions. If they do not match, a fine of UAH 3,723 (about EUR 120) could be imposed on offending companies, and an administrative fine from UAH 510 to UAH 1,700 (about EUR 16 to EUR 54) could be imposed on company officers. As provided for in the Law of Ukraine On Limited Liability Companies and Additional Liability (further “LLC Law”), company officers are executives (director, management board members), supervisory board members and other individuals as set out by company charters.

When a similar job title cannot be found in the List of Professions derivative words should be used (for example, head, assistant, etc. in accordance with Appendix C of the List of Professions); concisely expanding, if necessary, with terms and words shedding light on the particular workplace, work performed, line of business.

It should be noted that LLC Law allows providing in company charters for names other than director, management board and director general for sole executive body, collegial executive body and board chairman, respectively. When other names are provided for in charters, it is first necessary to determine whether a civil law agreement or employment contract will be entered into with company officers. If a civil law agreement is concluded, the law imposes no restrictions on executive body name. But if an employment contract is entered into, then names should be consistent with the List of Professions (for example, company president, executive board, executive board chairman respectively).

We have gained extensive experience in labor law and HR administration, and we look forward to providing you with any advice and related services you may require.