Nannies, Domestic Helpers, Drivers, and Gardeners: What Employers Are Legally Required to Provide

Until 2024, Ukrainian labor legislation did not contain definitions of domestic work and domestic workers. The Law of Ukraine "On Amendments to Certain Legislative Acts of Ukraine Regarding the Regulation of Domestic Workers' Labor" supplemented the Labor Code of Ukraine (LCU) with a separate chapter regulating the specifics of such work. This was reminded by the State Labor Service of Ukraine.

Domestic work is work performed by an individual for a household based on an employment contract. Accordingly, a domestic worker is an individual who is in an employment relationship with an employer and performs work within the household. Such workers may include, in particular, nannies, caregivers, domestic helpers, drivers, gardeners, and others.

At the same time, work is not considered domestic work if it is irregular and its duration does not exceed 40 hours per month.

The employer in such legal relations is an individual — a member of the household who concludes an employment contract with the worker. The employment contract is the main document confirming the establishment, modification, and termination of labor relations, defining the rights and obligations of the parties, and is the basis for admitting the worker to work after the employer submits the relevant notification to the authorized body.

The employment contract with a domestic worker may include additional conditions compared to the legislation regarding rights, guarantees, social and domestic benefits, and mutual obligations of the parties.

At the same time, the legislation defines the main guarantees regarding the working conditions of domestic workers, in particular:

- the working hours cannot exceed 40 hours per week unless otherwise provided by the contract;

- a flexible work schedule or summarized accounting of working hours is allowed by agreement of the parties;

- working hours are recorded by the worker in a form agreed with the employer;

- overtime work is allowed only with the consent of the parties and in compliance with legal requirements;

- waiting time for work performance, as well as accompanying household members, including during rest, is included in working hours and must be paid;

- remuneration cannot be lower than the legally established minimum wage;

- annual paid leave is at least 24 calendar days.

Domestic workers enjoy all labor rights and guarantees provided by labor legislation, including the right to safe and healthy working conditions.

Additionally, the right of a domestic worker to unilaterally terminate the employment contract early is separately provided for in case household members commit acts infringing on their honor, dignity, or private life.

In general, termination of labor relations with domestic workers is carried out according to the general grounds defined by the Labor Code of Ukraine, namely:

▪ at the initiative of the worker (Articles 38, 39);

▪ by agreement of the parties (paragraph 1 of Article 36);

▪ at the initiative of the employer (Articles 40, 41).

Thus, the legislative regulation of domestic workers' labor aims to ensure an adequate level of social protection for this category of workers and to establish clear rules for employers — individuals.

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