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Ukraine passed law on supplementary payments to combat Covid-19 crisis

Author : 112.ua News Agency

Source : 112 Ukraine

Parliament has eased the work of state-owned enterprises, producers of alcohol and disinfectants
21:17, 30 March 2020

The Verkhovna Rada adopted bill No. 3275 aimed at providing additional social and economic guarantees in connection with the spread of coronavirus disease. 312 MPs voted “for” it

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The law gives the right to state-owned enterprises, producers of alcohol and disinfectants, to use the denatured ethyl alcohol they manufacture for the production of disinfectants without the use of registered ethanol flow meters-counters on the production line. But only on the condition that the equipment of each place of dispensing disinfection means of accounting for manufactured products, meet the requirements of the law and have a positive result of verification or conformity assessment carried out in accordance with the law.

The document also provides assistance for partial unemployment.

Related: Monitoring points for coronavirus-infected people appear in Ukraine

Who is eligible for partial unemployment benefits?

This right is provided to insured persons who worked for at least six calendar months during the 12 months preceding the month, in which the reduction of working hours prescribed by law began, paid insurance premiums and for which the reduction in working hours is 50 percent or more per month.

If the employer takes measures to prevent the spread of the epidemic to enforce the relevant decision of the regional state administration, the right to assistance in partial unemployment is reserved to all insured persons with whom the employer has an employment relationship.

Who provides unemployment assistance?

According to the law, assistance on partial unemployment is provided by the local executive body that implements the state policy in the field of employment and labor migration. Such assistance will be provided to insured persons in the event they lose part of their wages in connection with the suspension (reduction) of production without termination of employment in the event that:

  • suspension (reduction) of production at an enterprise or in a workshop, a closed-cycle production section (structural unit of the enterprise, in which all stages of the technological process for the production of a certain type of product are carried out within such a unit) lasts at least three months and does not exceed six months, does not depend on workers and the employer, has covered at least 20% of the number of employees in an enterprise or workshop, site, in which labor time is 30% or more per month;
  • the suspension (reduction) of production and the working hours of workers is forced, since all possible measures to prevent it have been exhausted, which is confirmed by the agreed decision of the employer and the elected body of the trade union organization with which the collective agreement was concluded, based on the results of consultations between them;

The employer is obliged to notify the local body of a possible stop (reduction) of and within the time period, determined by the central executive body that implements the state policy in the field of population employment and labor migration.

Related: Covid-19: Ukraine reports 480 coronavirus cases

When is partial unemployment assistance not provided?

In the event that the suspension (reduction) of production is seasonal or occurs solely for organizational and production reasons. Or if there is a possibility of employment (temporary transfer) of workers for the period of suspension (reduction) of production in other areas. Also, if an employee refuses to find a job (temporary transfer) to suitable work at the enterprise with a full working day, works at the company part-time or performs alternative (non-military) service.

When can an enterprise apply for the next assistance?

An enterprise cannot apply for the next receipt from the State Social Insurance Fund in case of unemployment of funds for the payment of partial unemployment benefits to employees earlier than one year after the deadline for payment of partial unemployment assistance.

The period of payment of partial unemployment benefits when the employer has taken measures to prevent the spread of the epidemic to enforce the relevant decision of the regional state administration is not taken into account when considering applications for the next receipt of partial unemployment benefits for industrial reasons.

The procedure for providing assistance in partial unemployment is established by the central executive body, which ensures the formation of state policy in the field of population employment and labor migration.

The amount of partial unemployment benefits is provided to small and medium-sized enterprises employers for the period of measures to prevent the occurrence and spread of coronavirus disease (Covid-19), stipulated by the quarantine established by the Cabinet of Ministers of Ukraine.

Partial unemployment benefits are not provided if the employer has arrears in the payment of wages and the payment of a single contribution to compulsory state social insurance, which arose during the five years preceding the year the production was stopped.

Related: Coronavirus lockdown in Ukraine to be tightened

How to get help with partial unemployment?

In order to receive assistance with partial unemployment, the employer has the right to apply to the local executive body that implements the state policy in the field of employment and labor migration at the place of registration as a single contributor to mandatory state social insurance and submits the following documents:

1) an application in an arbitrary form;

2) a copy of the order indicating the start date of the shutdown (reduction) of production and a list of measures to prevent the occurrence and spread of coronavirus disease (Covid-19) provided for by quarantine established by the Cabinet of Ministers of Ukraine;

3) information about employees, who have the right to get assistance in partial unemployment in accordance with this article;

4) a certificate of the absence of arrears in the payment of wages and the payment of a single contribution to compulsory state social insurance that arose during the five years preceding the year the production was stopped (reduced).

The right to partial unemployment benefits in accordance with this article is reserved for insured persons with whom the employer has an employment relationship (except for persons who receive a pension).

Partial unemployment benefits are established for each hour (by which the employee has been reduced to the length of working time prescribed by law), based on two-thirds of the tariff rate (salary) established by the employee of the corresponding category. The amount of assistance is determined based on the financial capabilities of the Fund and cannot exceed the minimum wage established by law.

Related: Apps against infections: solutions help fighting coronavirus 

Partial unemployment benefits are paid to employees by the employer from the first day of reducing the duration of their working time at the expense of the Fund within the period of suspension (reduction) of production, but not more than the period of measures to prevent the onset and spread of coronavirus disease (COVID-19), provided for by quarantine established by the Cabinet of Ministers of Ukraine.

In case of violation of employment guarantees for persons who were paid partial unemployment benefits (termination of the employment contract within six months (if the benefit was paid in less than 180 calendar days - for a period equal to the period of payment of the benefit), from the date the benefit is paid on the grounds provided for paragraph 1 of article 40 (except for the complete liquidation or termination of the employer's activity), paragraph 1 of article 36, part three of article 38 of the Code of Labor Laws of Ukraine, the funds are returned in full to the General Fund compulsory state social insurance of Ukraine in case of unemployment.

An employer may apply for funds to pay employees partial unemployment benefits within 30 calendar days from the date of suspension (reduction) of production.

The period of payment of partial unemployment benefits in the event that the employer has taken measures to prevent the occurrence and spread of coronavirus disease (COVID-19) stipulated by the quarantine established by the Cabinet of Ministers of Ukraine is not taken into account when considering applications for the next receipt of partial unemployment benefits for industrial reasons.

Related: Government intends to cut salaries of top officials by half during coronavirus pandemic

The decision to provide partial unemployment assistance is taken by the local executive body that implements the state policy in the field of employment and labor migration within three working days.

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