HOW TO DO BUSINESS IN THE QUARANTINE CONDITIONS: LEGAL ASPECTS

On March 16, the Cabinet of Ministers of Ukraine, by Resolution № 215, intensified the application of quarantine measures in Ukraine to prevent the spread of infection. Restaurants, malls, entertainment centers, fitness clubs, beauty salons, dental offices should stop their work.

On March 17, the Verkhovna Rada adopted at an extraordinary session the Law “On amendments to some legislative acts of Ukraine aimed at preventing the occurrence and spread of Coronavirus Disease (COVID-19)” № 3219.

In such circumstances, Ukrainian business is forced to work in new conditions, because every employer now has many difficult questions: how to protect employees from illness, which actions will help to minimize costs? , how to save business reputation?.

Let’s analyze different options.

WORK FROM HOME

Of course, it is not possible to work from home in all spheres, but there are many types of business for which the implementation of remote work would be useful.

Pursuant to the amendments made to the Labor Code by Law № 3219, the employer has the right to entrust the worker to work temporarily from home.

Important: The employee must agree to work this way and have at  home all the conditions they need to work.

In addition, you should organize different aspects of management – effective communication between employees, monitoring at a distance and consultation about difficult working moments.

HOLIDAYS

In particular, workers are offered the opportunity to receive an unpaid leave for the duration of the quarantine. Moreover, before the amendment was made, the possibility of obtaining such leave was limited in terms – only 15 days a year.

In order to use the leave, the employee must write an application. After reading the application, the employer issues a leave order.

Important: It is forbidden to send an employee for forced “vacation” without his agreement.

PART-TIME WORK

The Law of Ukraine “On amendments to certain legislative acts of Ukraine aimed at preventing the occurrence and spread of Coronavirus Disease (COVID-19)” gives employers the right to change the mode of work in the company.

You can establish a limited order of reception and service in office. In order to avoid misunderstandings, it is advisable to inform visitors about changes on the company’s website.

If the worker has the desire to work during the quarantine, but does not have the opportunity to stay in the workplace during the whole working day, then by Art. 56 of the Code of Labor Law, an employer may set part-time work for such an employee.

Important: In this case, remuneration is paid in proportion to the working time or depending on production.

TERMINATION OF THE COMPANY’S ACTIVITY

According to a survey by the US Chamber of Commerce in Ukraine on the impact of COVID-19 on business, the greatest threat consist of a reduction in sales and cash flow (61%), limited customer service (52%), and the inability to continue business as usual (46%). .

So, the company may decide to stop all operations. However, it does not mean that salaries will not be paid.

Important: according to Article 113 of the Labor Code no-fault downtime is paid for two-thirds of the salary.

Therefore, we recommend support your business by:

  • cancellation of business trips;;
  • providing a remote mode of work;
  • providing employees with up-to-date information and advice;
  • provision of quarantine measures in offices and in production.

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