LABOUR ORGANIZATION DURING QUARANTINE
Due to implementation of quarantine in Ukraine from March 12th to April 3rd 2020 to prevent the spread of COVID-19 we offer HR managers to get familiar with peculiarities of labour rights exercise within the mentioned period.
The right to leave without preservation of salary for care after a child under 14 years old for the period of quarantine.
Such a leave can be granted to one of parents or other relatives who in fact take care of a child, adoptive parents, guardians on condition of submission of the leave application and copy certificate confirming suspension of studies. Upon consideration of the mentioned documents employer issues a corresponding order.
In addition, it should be noted that an employee upon agreement with employer can take annual paid leave for the period of quarantine, and social categories of employees (persons having 2 and more children under 15, a disabled child, single, etc.) are granted an additional 10-day annual paid leave.
Persons who fell ill during the quarantine have the right to pecuniary aid due to temporary inability to work which fully or partially compensates loss of salary.
Employers should not forget about possibility of distant work. Women with children under 15 years old, disabled and working pensioners have the prevailing right to work from home. However, use of distant work is also allowed for other workers. Even temporary work from home is modification of essential terms of work and must be agreed with your employee.
Also employer can set reduced working hours for workers in order to minimize risks for the latter of staying in mass of people, for example, on the way to or from work. Such changes in working schedule must be agreed with employees same as distant work.
It should be noted that absence of employee at work for more than 3 hours cannot be considered absenteeism. Thus, due to quarantine employees can confirm good reasons for absence from work, in particular if they are due to necessity of medical examination or caring for relatives. In addition, persons who fell ill, were in contact with ill people are subject to compulsory medical supervision and quarantine, which apparently affects their labour organization. According to WHO recommendations, such persons and also those who recently returned from countries with COVID-19 spread must be subjected to medical supervision.
These factors must be considered by employer at sending an employee for a business trip abroad, in particular to countries which restrict their transport connection and crossing of the border. In case of unforeseeable circumstances, compelled delay in business trip of employee must be reimbursed by employer as actual expenses subject to provision of documents which confirm objective reasons of delay in accordance with the Labour Code an Instruction No. 59 as of March 13th, 1998.
In should be taken into account that pursuant to Order of the Cabinet of Ministers of Ukraine No. 287-p as of March 14th, 2020 from March 16th, 2020 to April 3rd, 2020 entrance of foreigners to Ukraine is temporarily prohibited, except for those who have temporary or permanent residence in Ukraine, are spouses and children of Ukrainian citizens. Entrance to Ukraine of some categories of employees is subject to approval of the Ministry of Foreign Affairs.
After termination of temporary measures entrance to Ukraine of foreigners and Ukrainians and vehicles from countries where COVID-19 is registered can be additionally restricted.
Employers should remember that they are obliged to carry anti-epidemic measures, for example provide employees with personal hygiene means, antiseptics, inform of disease prevention ways. Employee, of its part, should take care of own health and health of surrounding people. In case of detection of first signs of the disease or if there is information of a contact of such an employee with a sick person, it is recommended to send such a person immediately for medical examination to make a diagnosis. In case of evasion from compulsory medical examination, the employee may be removed from work.
We realize social responsibility of business before the society, therefore if you have additional questions on organization of working process during the quarantine, you can contact Legal Alliance Company via email firstname.lastname@example.org or email@example.com for free answers to your questions.