Undoubtedly, this is a period of difficult tasks for both entrepreneurs and employees. The main goal is to create favorable conditions for the observance of the legal rights of the employer and employee.

Establishing partnerships with the State Labor Service of Ukraine, UAFM

 requested a comment on the procedure for quarantine workers. Against the background of the situation around preventive measures for the prevention of coronavirus, many workers began to get in touch with local departments of state labor.

Based on the explanations of State Labor, UAFM announces 3 ways to solve this problem:

1. One option is to use an employee paid annual or “additional” leave. Yes, for quarantine you can provide paid annual basic or additional unscheduled holidays or other types of paid holidays (including “for children”)
2. Another method provided for in Art. 26 of the Law “On Leave”: such leave is also granted without salary, but for the period stipulated by the agreement between the employee and the owner or his authorized body. However, this period should not exceed 15 calendar days per year (during quarantine, the number of days may be longer). Important guarantees for vacations without salary is that during their granting the employee retains his place of work (position), and the time spent on such vacations is credited to the length of service, which gives the right to annual basic leave.
3. According to Art. 113 of the Labor Code of Ukraine, downtime is not caused by the payment by an employee in the amount of at least two-thirds of the tariff rate established for an employee of this category (wages).

 

* Hospital letters of quarantine disease are issued and paid in a general manner.

 

And of course, if it is possible to perform work remotely. Article 9 of the Regulation on Working Conditions provides that persons with the necessary living conditions may work at home. There is no need to conclude a separate labor contract in case of temporary work at home: labor relations do not stop, only working conditions change. Salary in this case is paid in the amount stipulated by the conditions of the concluded labor contract. In this case, the employee is at home and continues to fulfill his duties. A change of place of work is carried out by order (order) of the employer on the basis of the application of the employee on changing working conditions for a certain period of time.

 

We also inform that in accordance with the LEGISLATION OF UKRAINE “On Amending the Tax Code of Ukraine and other laws of Ukraine on supporting taxpayers for the period of measures aimed at preventing the onset and spread of coronary heart disease (KOVID-19) and Art. 522. – Establish a moratorium and actual checks for the period from March 18 to May 31, 2020, with the exception of documentary unscheduled inspections on the grounds specified in paragraph 78 of Article 78 of paragraph 78.1 of this Code.

Evidence of force majeure