Quarantine is making adjustments to the activities of many sectors of the economy and businesses. Undoubtedly, this is a period of challenging challenges for both entrepreneurs and employees. The main objective is to create favorable conditions for the respect of the legitimate rights of the employer and the employee.
In establishing a partnership with the State Labor Service of Ukraine, UAFM asked for appropriate comments on quarantine workers’ leave arrangements. Against the background of the situation around preventive measures to prevent coronavirus, many of the workers began to contact local branches of the State Labor.
Based on the explanations of the State Labor, UAFM announces 3 ways to resolve this issue:
- One of the options is to use the employee paid annual or “extra” leave. Yes, for quarantine, you can provide paid annual basic or extra off-schedule holidays, or other types of paid holidays (including “for children”).
- Another method provided for in Art. 26 of the Law “On Leave”: such leave is also granted without saving salaries, 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 when giving vacations without saving wages are that at the time of their giving the employee retains his / her place of work (position), and the time of stay in such vacations is credited to the length of service, which gives the right to annual basic leave.
- According to Article 113 of the Labor Code of Ukraine, idle time is not due to the employee’s fault being paid at the rate of not less than two-thirds of the tariff rate set for the employee of the category (salary).
* Hospital letters for quarantine sickness are issued and paid for in the general order.
And of course, if there is an opportunity to do the job remotely. Clause 9 of the Working Conditions Regulation stipulates that persons who have the necessary living conditions can work at home. It is not necessary to conclude a separate employment contract in the case of temporary work at home: the employment relationship is not terminated, only the working conditions change. The salary, in this case, is paid in the amount stipulated by the terms of the concluded employment contract. In this case, the employee is at home and continues to perform his / her duties. Changing the place of work is made by order (order) of the employer on the basis of the employee’s application for changing working conditions for a certain period of time.
We also inform you that under the LAW OF UKRAINE On Amendments to the Tax Code of Ukraine and other laws of Ukraine on support of taxpayers for the period of measures aimed at preventing the emergence and spread of coronary virus disease (COVID-19) and item 522 – Establish a moratorium on and actual inspections for the period from 18 March to 31 May 2020, except for documentary unscheduled inspections on the grounds specified in Article 78, paragraph 78.1.8, paragraph 78.1 of this Code.