Rules for staff of the Kharkiv Human Rights Protection Group

19.04.2024

APPROVED:

30 December 2012

Director Yevgen Zakharov

Introduction

Civil Organisation "Kharkiv Human Rights Protection Group" (hereinafter – the KHPG) is a nonprofit organisation registered under the laws of Ukraine. The KHPG acts according to the Law of Ukraine "On Public Associations" and the Statute.

The KHPG implements its statutory goals and objectives based on the following principles:

1) Rule of law;

2) objectivity;

3) the priority of human rights and fundamental freedoms protection;

4) commitment to protect the public good;

5) political and religious impartiality;

6) privacy of personal data;

7) prevention of conflict of interest and corruption;

8) resolving conflicts within the organization;

9) solidarity - relationships of the KHPG members and staff are based on the principles of mutual trust, mutual respect, mutual support;;

10) equality;

11) benevolence, tolerance, respect for minority positions.

Goal

These Rules are intended to provide the KHPG staff with information on organizational structure, internal policy of the KHPG, internal work order regulations and the rights and duties of the staff and the KHPG as an employer.

These Rules are developed under the decision (permanent executive body and date) as amended on (date)

The Director or the entitled persons provide familiarization of staff with current version of these Rules including the mission and main objectives of the KHPG at the conclusion of employment agreement s or civil contracts.

Guarantees of employment, labor protection, employment of women, youth and people with disability are provided according to labor legislation.

Mission of the KHPG is human rights and fundamental freedoms protection from encroachments by the state as well as providing assistance to the latest in implementation and protection of these rights.

The KHPG consists of 8 basic structural departments that implement specific programs and carry out coordination and support of the organization activity (see the diagram below).

In 2012-2015 the KHPG implements the following programs:

1. Fight against political persecution.

2. Prevention of torture and ill-treatment

2.1. Public campaign against torture and ill-treatment

2.2. Strengthening of Juvenile Justice System (fight against torture and ill-treatment of children).

3. Protection of freedom of expression, access to information and the right to privacy, improvement of transparency and openness of government and local governments.

4. Fight against discrimination, racism, xenophobia and hate crimes.

5. Security Services in a constitutional democracy

6. Dissemination of information on human rights and fundamental freedoms in Ukraine

7. Civic Education and Human Rights

8. Monitoring of implementation of decisions of international bodies

9. Studying the history of the human rights movement in the USSR and Ukraine, the history of political repression in the USSR

Chapter I. General Provisions

These Rules regulate the relationship between the KHPG and individuals who perform their duties in accordance with the employment agreements or civil contracts.

These Rules are also applicable to members of the Board of the KHPG and the Audit Commission of the KHPG, unless otherwise is decided by the General Meeting, as well as to the members of these statutory bodies

These Rules are applicable to the cases of free provision of services of the KHPG which are specified in the Rules or in the legislation of Ukraine

These Rules are not applicable to individual entrepreneurs who provide services or perform works on request of the KHPG in accordance with the Regulations of the KHPG on policy of procurement of goods, works and services.

Making amendments

These Rules are subjected to regular review to ensure compliance with certain provisions of the mission and strategic plans of the KHPG, the laws of Ukraine as well as the best practices in human resources management.

Regular review of these Rules and making amendments thereto shall be performed by the Director and the Senior Office Manager with Chiefs of Departments of the KHPG at least once a year.

In the case of amendments to the rights and / or duties of staff provided byr these Rules the Director and the Chiefs of Departments of the KHPG ensure conducting individual or joint consultations with staff before the Director’s decision to make corresponding amendments.

Protection from discrimination

The KHPG follows a policy of equal opportunities for employment, working conditions and professional development of staff regardless of the race, national origin, ethnicity, age, gender, language, social and economic status, political views, religious beliefs, occupation, place of residence, labour union membership or other association membership as well as other personal status.

Employees who are not citizens or residents of Ukraine perform these Rules with the limitations and additional requirements provided by legislation or international treaties of Ukraine.

Any program of positive support of certain categories of persons who suffer systematic violations of human rights in the work or professional development shall not be considered as discrimination.

Any complaints of employees on harassment, discrimination or promotion of discrimination on the basis of their personal status shall be considered by the Board of the KHPG, which shall notify the applicant about the decision on the merits within 10 working days after receipt of such complaint.

Chapter ІІ. Recruitment and career guidance of employees

The purpose of recruitment and career guidance of staff is providing performance of works and services for the goals of statutory activities of the KHPG by the persons who have necessary qualifications and capacity and meet the special requirements for certain works or services.

The recruitment and career guidance of employees tend to occur on the basis of the Strategic Plan or other plans and long-term contracts of the KHPG

The recruitment of employees, permanent or temporary, is based on principles of transparency, protection from discrimination and improvement of statutory activities of the KHPG.

Volunteers

The KHPG encourages volunteer to work based on the goal of education of young people who shares the goals and principles of the KHPG and training to fill vacancies. The volunteers are mostly but not necessarily young people - lawyers, journalists, historians, political scientists and others (students, postgraduate students, university professors, etc.) who in their free time do work in one of the department of the KHPG according to one of the programs of the KHPG. The volunteers always work under the guidance of the employee of the KHPG who answers all questions, helps him\\her in his work and accepts work.

Before volunteering the volunteer agreement is to be created, which determines the amount and nature of work, the duration of the work of volunteer per day, working hours, number of working days per week and the duration of work of volunteer. The volunteers work without pay. They have the right to receive all information materials created by the KHPG, access to data bases, a preferential right to participate in educational activities of the KHPG, the participation of which is based on conditions of competition. The volunteer agreement shall be agreed by the Chief of Department and approved by the Director of the KHPG. The KHPG carries out recording of working time and work performed by volunteer.

According to experience of the KHPG the volunteer work results in training of highly qualified employee who has a much better chance of getting a job at the KHPG in competition than other candidates for the position.

Job vacancies

The Director of the KHPG or empowered persons provide access to information about any job vacancies, permanent or temporary. Information about these job vacancies shall be disseminated according to the Ukrainian labor legislation through the employment centers as well as in electronic or print media, website of the KHPG and social networks.

Information should define the main duties and qualification requirements to fill the vacancy.

The KHPG provides the staff with the information about planned future vacancies, permanent or temporary, upon condition providing confidentiality of such information by the staff.

The employees who previously performed the relevant work and/or fill the office of other employees have the priority for future job vacancies. They can be moved to other positions or combine their position with vacant one as agreed by the Chiefs of Departments and the Director of the KHPG.

If required to fill the vacancy urgent, which is caused by the circumstances beyond the control of the KHPG, the Director of the KHPG may temporarily fill the vacancy for up to two months upon condition that public access to the information about the job vacancy is provided till the end of the period of the temporary filling of the vacancy.

Appointment without competition

The appointment of the employee to a position without competition may be made by the Director of the KHPG as agreed with the Chief of the relevant department in following cases:

1) availability of requirements in the Statute of the KHPG on appointment on a certain position by the decision of the General Meeting or the Board of the KHPG;

2) necessity of urgent substitution of another employee before competition to fill the vacancy, but not longer than for a period of two months;

3) performance of particular activities by the non-residents of Ukraine according to the civil contracts of the KHPG with foreign or international organizations;

4) holding of a competition to fill the vacancy or re- competition is not possible without the involvement of specialized agencies or professionals in the field of recruitment as evidenced by the decision of the Director of the KHPG.

The order on appointment of an employee to a position shall be signed by the Director of the KHPG. The employee shall confirm in writing his\\her agreement with such order and the agreed conditions of work.

Employment of the related persons

The persons related with the employees and any elected officials of the KHPG (parents, spouse, children and their parents, spouses, children, including adopted) have no right to participate in competitions open to other groups of candidates.

Appointment of related person without competition may be held for the period until the decision of the Director of the KHPG about such appointment or the impossibility of holding of the competition.

Related person of the employee and the employee can not be directly subordinate to each other.

The related persons of the employee shall not participate in making of any decisions concerning the establishment, modification, suspension or termination of employment relationship between the KHPG and employee, concluding civil contracts and other transactions between the KHPG and the employee or in favor of the employee as well as in consideration of disputes between the KHPG and employee.

Competitions to fill the vacancy

In other cases than those listed in the preceding paragraph, the Director of the KHPG and Chiefs of Departments disseminate the information about the terms and conditions of competitions for corresponding positions not later than 20 working days before the decision making on the results of such competition.

The KHPG provides free access to the information on all the terms of competitions, including, but not limited, the following:

1) job title,
2) duties,
3) requirements for education,
4) requirements for qualification and / or experience,
5) requirements for health and
6) other documents which contestants must provide or fill in accordance with these Rules.

The total duration of competition shall not be less than 20 days but not more than 30 working days.

During the mentioned period the Competition Commission comprised of at least three members appointed by the Director of the KHPG shall decide about the results of the competition.

The main criterias for deciding as to the participants of competitions are the following:

1) confirmation of the required qualification and / or practical skills, duration and results of similar works or services;

2) lack of factual or legal constraints to perform certain activities or taking certain positions;

3) confirming compliance with the goals and ethical principles of the KHPG.

The assessment of participants’ conformity to criteria is fulfilled on the basis of documents provided by participants of competitions or third parties (recommendations, resumes, questionnaires, etc.), the results of personal interviews and, if necessary, test or other test tasks.

Assessment of participants of competitions

The terms of competitions require from participants to provide documentation, which includes, in particular, but not exclusively, the following:

1) a copy of the passport or other document certifying the identity and right of residence in Ukraine;

2) a copy of the document certifying the education, experience or qualification according to the terms of the competition;

3) a copy of an individual taxpayer identification number;

4) employment records (if any);

5) an information on the lack of legal or medical restrictions on occupation of certain positions, and

6) a curriculum vitae of the employee.

The KHPG employees have no right to participate in the Competition Commission, which decides on the candidates who are related persons of such employees.

The participants of the competitions are interviewed by at least two members of the Competition Commission or other persons authorized by the Director of the KHPG. The members of competitions undergo appropriate written tests or other writing test tasks for verification of the qualification, if such tests are approved by the Director of the KHPG or authorized persons.

Following the results of interview and written tasks (if any) evaluation form shall be created for all participants, which have undergone interviews and testing. The evaluation form shall be signed by the Director of the KHPG or not less than two members of the Competition Commission.

The participant of the competition has the right to obtain the information regarding the results of his/her test or other writing tasks under written request within five working days

Results of the competitions

The KHPG provides equal opportunities for candidates, in particular, prevents any discrimination on the above-mentioned grounds.

The references on personal status of candidates or assumptions about their impact on the proper performance of official duties shall not be considered when making decisions. The decision on refusal should be based only on the information about direct damage caused previously by the candidate to the statutory goals and objectives of the KHPG or its reputation.

Based on the evaluation form no later than three working days the Director of the KHPG director or Chiefs of Departments make decisions about the following: 1) approval of the results of the competition and issuing the order on appointment on position of the candidate who received the greatest number of points; or 2) approval of the results of the competition and issuing the order on appointment on certain position of one of the candidates who received an equal greatest number of points; or 3) on holding of the re-competition not earlier than two months after the date of the decision, if any assessment of a candidate was not carried out or if no candidate received the required number of points predefined in the conditions of competition.

The participants of the competitions have the right to appeal the decisions specified in the preceding paragraph to the Board of the KHPG within 10 days after they got to hear or had to get to hear about the following: 1) significant breach of competition conditions; 2) errors, including arithmetic ones, in scoring; 3) appointment to a position of a person who has no right to hold this position as of the date of the decision on his\\her appointment.

Authority to appoint employees

Position	The body that appoints	The body that approves the appointment
Director of the KHPG	Board of the KHPG	-
Deputy Director of the KHPG	Director of the KHPG	Board of the KHPG
Directors of programs and projects	Director of the KHPG	–
Other paid positions	Director of the KHPG	Directors of programs and projects

Not later than the next working day after the date of the decision on approval of the results of the competition the candidate shall be notified of his\\her appointment to a position.

The notice may contain other necessary information (start date of work, proposed wage if it is not defined by the conditions of competition or staff schedule, etc.)

The notice of appointment of an employee to a position shall be signed by the Director of the KHPG or his authorized persons. The employee shall confirm in writing his\\her consent with such order as well as the agreed working conditions before the beginning of the actual performance of official duties. In case of the absence of the above-mentioned consent the KHPG must decide in not later than three working days.

The contracts with elected officials of the KHPG can be signed by Chairman of the Board authorized by the decision of the General Meeting.

Duty of the Director or Chief of Department to instruct employee and to determine his\\her workplace

Before the beginning of the actual performance of official duties under the concluded employment agreement the Director or Chief of Department shall do the following:

to explain to the employee his\\her rights and duties and inform on receipt of working conditions, the presence in the workplace, where he\\she will work, dangerous and harmful factors that are not yet resolved and the possible consequences of their impact on health, his\\her right to benefits and compensations for work in such conditions in accordance with current law;

inform the employee of internal labor regulations and collective agreement;

to determine the workplace for the employee, to ensure necessary supplies;

to instruct the employee regarding the safety norms, hygiene, occupational health and fire protection.

Processing of employee data

The data processing for the purposes of these Rules include the collection, storage, modification, synthesis and destruction of data on qualification, productivity and other required data on employee.

The data processing is carried out on the physical and / or electronic format, including the following:

1) applications of the candidates and supporting documents (CV, copies of documents on person identification and qualification, etc.);

2) recommendations and informations of other employers and other persons;

3) contact information periodically confirmed by the employee;

4) copies of the employment agreement and the position description signed by the employee;

5) copies of the reports and other documents drawn up by the employee regarding an implementation of these Rules;

6) documents certifying the income and additional benefits received by the employee;

7) other documents which the Director of the KHPG or Chief of Department deemed necessary for the implementation of these Rules.

The employees are required to notify the Director of the KHPG or Chiefs of Departments with ongoing changes of contact information or other data required within three working days.

The Director of the KHPG or Chiefs of Departments provide confidentiality of employee’s data and access of the employee to the data or its copying in the office of the KHPG

The transfer of employee data to third parties is carried out on the basis of documented consent of the employee or in cases provided by law.

Chapter ІІІ. Working time and rest time

These Rules regulate working hours, work in days off as well as short-term (up to three hours) absence of staff in the workplace.

Standard working hours and rest periods

Normal working hours of staff can not exceed 40 hours per week.

Standard working hours in the KHPG are from 9 AM to 6 PM, excluding lunch breaks, holidays (days off) and weekends.

The employees have no right to stay in the office of the KHPG or provide staying of other persons who are not staff of the KHPG outside normal working hours without the prior consent of the Director of the KHPG or Chief of Department.

Five-day working week with two days off are set in the KHPG. Days off are Saturday and Sunday, unless otherwise is provided by the law of Ukraine or the employment agreement between the employee and the KHPG.

If an employee works on holidays (days off) he\\she has the right to get an additional day off with the prior consent of the Director of the KHPG or Chief of Department.

A written employment agreement between the employee and the KHPG may provide flexible working time to perform official duties of the employee. The forms of working time in this case are not to be filled.

The staff have right to a break between working hours for 60 minutes, which is not included in the working time.

If an employee uses a break in whole or in part at the other time than from 1 PM to 2 PM the employee shall notify the Director of the KHPG or persons authorized by him of the actual start and end of break

Additional working hours

With the consent of the employee the Director of the KHPG may attract employee to works longer than prescribed working hours (overtime work) or to works on holidays or days off according to the legislation of Ukraine.

In particular, it is required that the further properly work of the KHPG should depend from the immediate execution of the specified not stipulated in advance works.

The total duration of the specified works shall not exceed four hours for two consecutive days, or 120 hours per calendar year for any employee.

The employees are not involved in the specified work in certain provided by law cases (persons under 18, pregnant women, women with children under three years, etc.).

Notification of absence of the employee

The absence of the employee who works mainly in the office of the KHPG for any reason for more than 3 hours is permitted by previous notice to the Director of the KHPG or Chief of Department.

Absence of employee more than three working hours requires the written consent of the Director of the KHPG or persons authorized by him.

Absence of employee due to the use of paid leave requires a written employee’s application based on the annual plan of leaves of the KHPG no later than five working days before the beginning of the leave.

The employee or his\\her authorized persons shall inform the Director of the KHPG or Chief of Department of absence due to illness, actions of government authorities or emergency within the last standard working hour of the first day of absence.

Recording of working time

The employee or supervisor performs the recording of working time of employee independently according to the form of working time recording.

The employee transfers the form of working time recording to the supervisor and Chief Book-keeper of the KHPG, usually in electronic form no later than the last working day of the month.

The Financial Director may to reconcile differences and to carry out consultation on drafting refined form of working time recording within one month after receipt of the form of working time recording but not later than the last day of the employee in the KHPG in the following cases:

1) the distribution of working time of the employee between activities that the KHPG funds by various grants or other sources;

2) the distribution of working time between overlapping positions of the employee;

3) involving an employee to overtime work or work on weekends or holidays;

4) business trips of employee;

5) leaves of the employee or personal days off, other compensatory days of rest;

6) temporary disability of the employee;

7) other documented cases of absence in the workplace.

Business trips

The business trips of employees shall be carried out under the orders of the Director of the KHPG according to grant agreements.

The staff provides written reports about business trips not later than the third working day after returning from such business trip.

Compensation for business trips expenses and other expenses

The KHPG provides employees with funds for each day of trip per day in accordance with current law and order on business trip.

Compensation for other business trip expenses (including visa or other permission to enter or leave the country) is to be paid where there are supporting documents in accordance with current law.

Paid leaves

The KHPG employees have the right to basic and additional annual paid leaves as well as social and other paid leaves the limited duration of which is provided by the legislation.

The KHPG employees have the right to use unused days of the basic and social leaves during 18 subsequent months according the annual plan of leaves, which is set before 15 March each year after consultation with staff and approved by the Director of the KHPG.

If leave covers the holidays the corresponding number of holidays adds to the leave. The term of the leave is also increasing to the number of days of temporary disability (illness), confirmed by a certificate of medical institution.

The employee has the right to distribute days of annual leave during the year or transfer it on next year under the petition to the Director of the KHPG to make amendments in the annual plan of leaves no later than 30 working days before the date of such distribution or transfer. If wage is paid from grant annual leave can not be transferred, and leaves of future years can not be used this year

If at the time of dismissal the employee did not use the right to leave for reasons other than disruption of a plan of annual leaves he shall be provided with the compensation for all unused days of leave.

Unpaid leaves

The employees shall be provided with the leave without salary payment (unpaid leave) under request of employee if the reasons, beginning and duration of such leaves are prescribed by law

The Director of the KHPG may decide to grant unpaid leave in other circumstances specified in the written request of an employee, which is usually filed not later than 15 working days before the leave, but not more than for 15 days a year.

Chapter IV. Conditions of employment

Duties

For every employee the Director of the KHPG or the Chief of the relevant department approves the Position Description for fulfillment of duties of a certain position.

In the case of permanent positions overlapping by an employee or performance of uniform duties in various long-term projects the Position Description in respect of such duties can be contained in a single document

The probation period

The probation period in the KHPG is established by the written agreement between the employee and the Director of the KHPG or the Chief of the relevant department. The probation period shall not be established in the cases determined in the law or in the terms of competition, the probation period can not be established in cases when the employee is appointed to the position without competition.

The probation period for any positions in the KHPG shall not exceed three months.

The employee shall inform the Director of the KHPG or the other authorizing persons about the termination of the work in the KHPG during the probation period not later than three working days before such termination.

The Director of the KHPG or the authorized persons shall inform the employee of the termination of the work in the KHPG not later than one business day before the expiration of the probation period.

Remuneration of labor during the probation period is conducted on the basis of a written agreement about this period.

Fixed-term employment agreements

The staff works under fixed-term employment agreements, usually for the term of fulfillment of the certain works or services, including those envisaged by the programs and projects of the KHPG.

The KHPG has the right to conclude contracts with employees in respect of which the legislation of Ukraine does not prohibit using of contractual form of employment agreement.

Positions overlapping and part-time work

The KHPG encourages overlapping by its employees the positions which require part-time employment and which do not prevent performance of any other official duties by an employee.

These provisions are applied for the part-time employees who simultaneously perform work for another employer, unless otherwise are provided by agreements concluded between employees and the KHPG.

The staff is obliged to notify the Director of the KHPG about their part-time work for other employers not later than five working days after the beginning of such work.

Instructing and labor protection

The KHPG provides the employee with the permanent workplace that complies with labor protection legislation and health standards.

The Chief of Department conducts the instructing of an employee about risks and rules of safety before the beginning of the work, if such work requires the observance of the certain rules.

The staff familiarizes itself with the rules of fire safety in the office of the KHPG.

The KHPG provides the drafting of reports on accidents during working hours as well as first medical aid in the office in accordance with the legislation in force.

The staff provides contact information of other persons who shall be informed about accidents or other emergencies related to the performance of their official duties.

Salaries

The salaries of employees are determined by the staff schedule of the KHPG and written agreements between the employees and the KHPG.

The salaries can not be lower than the minimum wage per month or hour established by the legislation of Ukraine.

Periodic calculation of salaries conducted according to the days or hours during which an employee actually worked in a calendar month, unless otherwise is provided by the civil contract.

Consultations between the staff and the KHPG concerning changing of salaries are generally performed in the framework of attestation procedure of the staff.

Peculiarities of payment of salaries

The terms of payment of salaries to employees of the KHPG and the intervals between payments are established according to the legislation of Ukraine.

The overwork in weekends and other days off is compensated by the provision of additional days of rest.

The KHPG fulfills duties of a tax agent concerning the taxation of salaries and other remuneration that employees receives on the basis of employment agreements or civil contracts.

The KHPG provides information about the composition and amount of the received salary under written request of an employee.

Other compensations

The KHPG provides the staff with additional benefits in non-monetary form in cases specified by the legislation or long-term plans and projects of the KHPG.

The KHPG pays unified tax for compulsory social insurance of employees in accordance with the legislation of Ukraine.

The KHPG can pay taxes on pension insurance or pension contributions on behalf of the staff and on their funds.

The KHPG pays taxes on liability insurance for the staff in cases specified by the legislation or long-term plans and projects of the KHPG

Payment for the period of temporary disability

Payment for the period of temporary disability for account of the KHPG, including that, which is the result of illness or injury as well as care for the ill related persons shall not exceed 80 hours per calendar year.

The employee is not eligible for payment for the period of temporary disability for account of the KHPG over 16 hours during a calendar year without providing supporting documentation of medical institutions or insurance companies.

Unused hours by an employee shall not be compensated and can not be transferred to the following calendar year.

Chapter V. Access to information

Confidential information

The Board of the KHPG approves the list of types of information on the KHPG or its activities that are considered confidential and amendments to this list

The Director of the KHPG or other authorized persons provide documented confirmation of employees about their familiarization with this list, and the conclusion of agreements on the protection of confidential information with employees and other persons who will have or are likely have access to the information specified in the list.

The employee of the KHPG is not entitled without the prior written consent of the Director of the KHPG or the Chief of Department completely or partially provide confidential information to any person with whom an agreement on the protection of confidential information was not conducted.

Confidential information includes, particularly, but not exclusively: 1) any personal data of the staff and officials of the KHPG, 2) drafts of decisions, contracts or other documents of the KHPG and 3) descriptions of long-term projects of the KHPG, and 4) any financial information that was known to the staff as the result of performance their duties, 5) personal data of people who applied to the KHPG for protection of their rights.

Public speeches and publications

Public speeches and publications of employees in media containing information on activities of the KHPG or plans for such activities are permitted under the consent of the Director of the KHPG or the Chief of Department.

The employee has no right without prior permission of the Director of the KHPG or the Chief of his\\her Department and without previous explicit explanation, to make any public statements, oral or written, on behalf of the KHPG that expresses a personal opinion in a public speech which may not coincide with the position of the KHPG.

The employee has no right without prior orders or coordination of the Director of the KHPG or the Chief of his\\her Department to invite any other person for public speaking, oral or written, concerning the statutory activity of the KHPG.

Communications with the staff

The Director of the KHPG periodically conducts personal meetings with the Chiefs of Departments and Program Managers, individually or together with other Managers, at least once a week (except for periods of leaves or absence of the employee). In case of any contradictions, which were not solved in such meetings, the results of joint meetings are recorded in the minutes, which are sent to the Board of the KHPG and to participants of the meeting in electronic form not later than the next business day. Also, the most important decisions that were taken during the meetings are recorded in the minutes.

The Director of the KHPG and the Chiefs of Departments hold joint meetings with the staff of the KHPG at least 1 time per month. The results of these meetings are recorded in the minutes, which shall be sent to the participants of the meeting via email not later than the next day.

The Chiefs of Departments and Program Managers conduct personal periodic individual meetings with employees at least twice a week. The Chief of Department/ Program Manager shall promptly inform the Director of the KHPG via email about unresolved contradictions and adopted important decisions, a copy is sent to the employee, who participated in the meeting.

The Director of the KHPG or authorized persons also conducts personal meetings with the employee not later than the next working day after receipt of the petition for such meeting from the employee (excluding periods of leaves or absence of the authorized person for other reasons).

The Director of the KHPG or authorized persons provides a written response to any written requests or statements of the staff not later than 16 working hours.

The Director of the KHPG or authorized persons has the right to refuse to provide respond to requests from the employee on the grounds established by the informational legislation of Ukraine.

Contact information and personal data of an employee

An employee shall inform about the changes in his/her personal contact information. The contact information includes, particularly, but not exclusively the following:

1) home address;

2) numbers of the stationary and/or mobile telephone

3) personal email address;

4) personal name of an employee;

5) passport data or data of other identified documents;

6) emergency contact information.

Contact information of an employee is confidential and can be collected, processed and distributed without his/her consent only in cases envisaged by legislative acts.

The staff of the KHPG familiarizes itself with the rules on the protection of personal data against receipt (attached).

Processing of personal data the KHPG of an employee and their transfer to third parties is carried by his/her previous documented consent. Obtaining of the consent from an employee for processing or transfer of his/her personal data to third parties is not required in cases specified by the legislation of Ukraine.

Chapter VI. Standards of behavior in the workplace

Ethical behavior

The staff of the KHPG constantly observes the mission and principles of the KHPG and ethical standards established by law or the rules of the KHPG for certain professional groups, and contribute to observance of them by other employees.

The staff observes generally accepted ethical standards in the office, in written and oral communication with visitors, as well as addressees of communication.

Discrimination of any person by the above-mentioned signs in the workplace or in public speeches or publications of an employee constitutes the disciplinary violation

The staff of the KHPG does not participate in lotteries, paid or free sweepstakes and other games in the office the KHPG.

The staff of the KHPG has no right to consume or encourage others to consumption of the following: 1) alcohol, psychotropic substances, precursors and other toxic substances during working hours, and 2) any tobacco or substitutes in office of the KHPG outside the specially equipped places.

Conflict of interest

Conflict of interest is created by any action or omission of an employee which allows the employee to acquire or save property or property rights owned by the employee or related persons of an employee as a result of loss or reduction in value of property or property rights which the KHPG owns or could own in the future and also as the result of discrediting of its business reputation

The employee has to notify the Director of the KHPG or the other authorized person of cases where he knows or has reasons to suppose the existence of specified conflicts of interest.

The employee has no right participate in making any decisions on behalf of the KHPG for which he knows or has reason to suppose the existence of the conflict of interest.

If the employee failed to notify about the existence of the conflict of interest or had participated in making of the decision related to the conflict of interest previous decisions shall be urgent reviewed, and the employee shall reimburse the damages caused to the KHPG not later than three months after the review of the decision.

Restriction of competition

The staff should refrain from competing with the KHPG for the duration of the employment agreement or civil contract and for not more than 12 months after the termination of such contract.

Competition is direct or indirect activity of the employee in the sphere of activity of the KHPG without the prior written consent of the Director of the KHPG or the Chief of Department.

Competition in the mentioned sphere includes, particularly, but not exclusively the following:

1) participation as a founder, member or owner of the share of the capital of a legal entity;

2) participation as related party of a legal entity ;

3) conclusion of employment agreements or civil contracts with any person;

4) providing consultations, expertise and other related services to any person.

Gifts and friendly services

The staff of the KHPG has no right to receive gifts or friendly services from persons who are not the staff of the KHPG, to offer such gifts or services, including in favor of the KHPG or other employees, without the prior consent of the Director of the KHPG or the Chief of Department.

Personal belongings

Employees have the right to use their personal belongings (including office equipment, supplies) to perform duties or statutory activities of the KHPG by the prior consent of the Director of the KHPG or other authorized person.

Employees are not allowed to keep or use in office of the KHPG personal belongings that cause or could cause the following:

1) encouraging of oppression of certain persons or restriction of human rights;

2) failure to perform or improper performance of official duties by an employee or other employees;

3) violate the standards of sanitary-epidemiological safety or personal hygiene;

4) allergic reactions or other adverse effects on the health of others;

5) damage to the property or business reputation of the KHPG.

Employees have the right to keep and consume personal edible things in office rooms of the KHPG only in specially equipped places.

Environment protection

The staff of the KHPG promotes environmental protection in the statutory activity of the KHPG. The staff uses minimum required amount of water, gas and / or electricity in office of the KHPG.

The Director of the KHPG or authorized persons shall inform the staff about the rules of treating with toxic ssubstances (batteries, etc.), waste and used paper or other consumables.

The staff of the KHPG informs the Director of the KHPG or members of the Board of any authentically known to them violations of these Rules.

Toxic substances and tobacco products

The staff of the KHPG has no right:

1) to drink alcohol, to use psychotropic substances, precursors and other toxic substances during working hours;

2) to perform any actions or public speeches on behalf of the KHPG at any time under the influence of alcohol, psychotropic substances, precursors and other toxic substances;

3) to smoke in office of the KHPG any tobacco products or their substitutes outside the specially equipped places;

4) to encourage employees or other persons to violation of the above restrictions.

Charter VII. Use of the funds or other assets of the KHPG

Funds and other assets of the KHPG owned by the KHPG according to its property right, lease or uncompensated use are used by the staff solely for the performance of their official duties and the statutory purposes and objectives.

The Board, if necessary, has the right to give written approval for use of the funds or other assets of the KHPG by the staff for other purposes, under conditions of prior safeguard by the staff the value of money or other assets (with the exception of natural deterioration).

The KHPG under any circumstances can not act or be considered as having providing property obligations of employees that are not related to the performance of their statutory duties and the statutory purposes and objectives in the form of sureties, guarantees, collateral etc

Accounting and Inventory

Any property acquired for the amount of the KHPG shall be temporarily or permanently inventoried not later than one month after purchase. Permanent inventory is conducted at least once a year, not later than the date of the financial statements.

Inventory is exercised by the Commission, which includes the Director of the KHPG or authorized persons and the Chief Book-keeper. The Commission gives an inventory number for each unit of the KHPG’s property and makes an inventory card.

Periodic assessment of assets of the KHPG is carried out not later than the date of the annual financial statements in accordance with the Regulations on assessment of the assets of the KHPG.

Use of any property of the KHPG in other places than specified in the inventory card for such unit of property is allowed on the basis of special forms of property records of the KHPG, which is signed by the Director of the KHPG and / or the person who is responsible for such unit of the property of the KHPG.

Use of the office equipment

The staff of the KHPG is entitled to use office equipment and supplies owned by the KHPG to perform their official duties.

Use of office equipment and supplies for other purposes within time frames and numerical limitations and maximum amount set by order of the Director of the KHPG shall not preclude enforcement of official duties of the employee and other employees.

Use of office equipment and supplies for other purposes that exceed the above mentioned time and quantitative restrictions is possible upon prior consent of the Director of the KHPG or the Chief of Department and is recognized as the debt of the employee.

Office equipment and supplies under no circumstances can be used for activities that preclude for performing of the statutory activity of the KHPG or discredits or may discredit its business reputation.

Office equipment under no circumstances can be used for activities that cause or may cause damage to such equipment (including damage or unauthorized changes to computer programs or databases).

The staff of the KHPG has the right to use international telephone services for the amount of the KHPG on condition of the prior consent of the Director of the KHPG or authorized person, under circumstances of further payment by the staff cost of such services if they are not related to the performance of official duties.

Rights of intellectual property

The staff has the right to use publications, educational materials and other works protected under the legislation of Ukraine and belonged to the KHPG to perform their duties and to promote statutory activities of the KHPG.

The KHPG is the owner of any changes to these works and objects of related works made by staff within the framework of their duties and assistance for statutory activity of the KHPG.

The staff of the KHPG who are authors or co-authors of works protected under the legislation of Ukraine and created within their official duties or projects of the KHPG have no right to interfere with the right of the KHPG to use of these works for purposes of its statutory activities.

The staff of the KHPG who are authors or co-authors of works protected under the legislation of Ukraine and created within their official duties or projects of the KHPG have no right to interfere with the KHPG using of these works for purposes of its statutory activities.

Use of the name and symbols of the KHPG

Use of the name and symbols of the KHPG on items that are not protected under the legislation of Ukraine on Copyright and are acquitted at the expense of the KHPG (among others, on stationery, business cards, etc.), requires the prior consent of the Director of the KHPG or the Chief of Department.

The staff of has no right to use the name and symbols of the KHPG for purposes that are not related to the performance of their official duties or to statutory activities of the KHPG.

The staff shall urgently inform the Director of the KHPG or the Chief of Department about any known by them cases of use of the names and symbols of the KHPG by any persons for purposes that are not related to statutory activities of the KHPG.

Chapter VIIІ. Consideration of disputes and termination of the employment

Disciplinary procedures

In case of violation by an employee of particular official duties or provisions of these Rules the Director of the KHPG or authorized persons shall notify an employee about the incompatibility.

In the case of repeated violations during the month a written notice (which is recorded in the employees database) or further disciplinary action shall be applicable as to the employee.

All disciplinary sanctions are imposed only in accordance with the grounds and the procedure established by the labor legislation.

Any disciplinary sanction may be appealed by an employee in the manner prescribed by the legislation of Ukraine.

Disputes resolution procedure

Any disputes between the employee and the KHPG concerning the conclusion, performance, amendment or termination of agreements covered by these Rules as well as on the implementation of these Rules shall be considered in the order of individual consultations between the employee and the Director of the KHPG or the Chief of the department where the employee works.

Under written request of an employee the Director of the KHPG or authorized persons shall transmit the consideration of disputes unrelated to disciplinary procedures to the Conciliation commission designated by the Board of the KHPG or an independent mediator, who is not an employee or elected official of the KHPG.

Reconciliation Commissions or independent mediators have no right to consider disputes relating to disciplinary procedures and other matters which are exclusively considered by the courts.

Decisions on consideration of disputes and their scope

Reconciliation Commission or independent mediators deliver decision on particular dispute not later than three working days after receiving explanations and necessary documents from an employee, the Director of the KHPG or the Chief of Department, in which an employee works.

Not later than the next day Reconciliation Commission or an independent mediator sends to interested parties a written notice of the decision on the merits.

Decisions related to property claims may establish another size of satisfaction of such requirements than is proposed by the party who submitted the request for the consideration of the dispute.

Specified decisions concerning the implementation of these Rules may be applicable to future disputes, if it is not contrary to the merits and the party who filed the request for the consideration of the dispute, did not include warnings about the spread of the decision only on an individual dispute.

Decisions delivered under this Chapter are recorded in a personal data of employees and can be challenged in court according to the law.

Reductions or changes in the organization of work

The KHPG warns employees about reducing of positions and other future changes in the organization of work according to the legislation of Ukraine but not later than two months before such change.

In case of reduction or change of the staff schedule the priority right for extension of employment agreement or civil contracts with the KHPG belongs to the employees who:

1) have higher qualification and labor productivity, which is confirmed documentary;

2) have high experience of the longer work in the KHPG;

3) have family responsibilities or other preferential rights established by legislative acts;

4) have smaller number disciplinary measures recorded in the database of employees.

Other grounds for termination of employment agreement or civil contracts with employees are prescribed by legislative acts.

Confirmation of work in the KHPG

Under written request of an employee who dismissed the Director of the KHPG or the Chief of Department provides letters of recommendation or informations regarding employment in the KHPG, confirmation of qualifications or performance of official duties of the employee.

The Director of the KHPG or authorized persons does not provide letters of recommendation in the case of dismissal of an employee as a disciplinary measure.

Termination payments

The KHPG pays to the staff severance payments in the amount and in cases specified by legislative acts.

Additional severance payments may be provided for some categories of employees according to the decisions of the Board of the KHPG. Specified decisions should not involve any discrimination of employees on grounds of personal status, be connected with the performance their official duties.

The employee shall return to the KHPG any property owned due to fulfillment of the official duties (such as keys, office equipment, etc.) not later than the last working day.

The employee shall return to the KHPG any imprest or the amount of other indebtedness to the KHPG that exceed the debt of the KHPG for payment of his/her salary not later than the last working day.

If the amount of such debt exceeds 50% of the minimum wage upon prior consent of the Director of the KHPG or the Chief of Department the return of the debt shall be held within 30 days if civil contract between an employee and the KHPG does not provide other terms.

The KHPG shall pay for an employee any wage arrears, imprest and accrued compensation (including compensations for unused leaves) not later than the last working day.