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Law on quarantine benefits with amendments comes into forces in Ukraine

Source : 112 Ukraine

According to the amendments, the business is not guaranteed in the release from rental payment
13:45, 3 April 2020

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In Ukraine, on April 2, the law #540-IX has come into force on extra social and economical guarantees due to the spread of coronavirus.

The document is published with come amendments. Particularly, concerning the abolishing of payment for rent for enterprises, which cannot work due to quarantine, now, the formulation ‘released’ is changed for ‘might be released from payment’.

“The law, in fact, gives the regulation of the dismissal issue at the discretion of the sides, leaves uncertainty on the office spaces. It is not excluded that lessees who will not be able to agree with the owners of the commerce rooms and offices on the release from the rental, will be forces to defend their rights at the court,” senior lawyer Tymur Enkhbaiar said.

The law provides the right to the state enterprises, which are simultaneously the producers of spirits and disinfecting agents to use the denatured alcohol ethyl alcohol produced by them for the production of disinfecting agents without the presence of registered flow rate meters of ethyl alcohol on the production line. But only in the case that the equipment of each place of sale of disinfecting agents of consideration of the production corresponds to the demands of the legislation and has the positive result of the check or conformity assessment held in accordance with the legislation.

Besides, the document provides assistance on partial unemployment.

Who has the right for allowance on partial unemployment?

Such right is provided to insured people who during 12 months, preceding a month when the decline has begun, duration of working time provided by the legislation, have worked not less than six calendar months, paid insurance payments and whose decline of the working time make 50% or more % in a month.

In case, when the employer assumes measures on precaution and prevention of the spread of epidemic for the fulfillment of the proper decision of the regional state administration, all insured people with processed labor relations have right for allowance on partial unemployment.

Who provides unemployment assistance and when?

According to the law, the assistance on partial unemployment is provided by the territorial body of the central body of the executive power, implementing the state policy in the employment and labor migration. Such aid will be provided to insured people in case of loss of a part of the wage due to the stop (reduction) of production without termination of the employment in the case when:

  • stop (reduction) of production at the enterprise or production facility, closed-loop section (structural unit of the enterprise, which held all stages of the technological process on the production of particular type of goods within such unit), which has inexorable and temporary nature, lasts for not less than three months and does not exceed six months, does not depend on the employees and employer, covered not less than 20% of the number of the workers of the enterprise or production facility, closed-loop section, where the reduction of working time makes 30% or more in a month;
  • stop (reduction) of production and duration of the working time of the employees is forced as all possible measures for prevention are exhausted and it is confirmed by agreed decision of the employer and elected body of the trade union organization, with which the collective agreement is concluded, on the results of the consultations between them. Or the employer assumes measures on precaution and prevention of the epidemic spread for fulfillment of the proper decision of the local state administration.

The employer is obliged to inform the territorial body about the possible stop (reduction) of the production in written form in terms established by the central body of the executive power, implementing the state policy in the employment and labor migration.

In which case, the unemployment assistance is not provided?

In case, if stop (reduction) of production is seasonal or occurs only due to the organizational and production reasons. Or if there are possibility of employment (temporary redeployment) of the workers during the stop (reduction) of production to other sections, units. Besides, in case, when the employee refuses from employment (temporary redeployment) to suitable work at the enterprise with a full-time job, works at the enterprise on a part-time basis or holds alternative (non-military) service.

When enterprise may apply for the following allowances?

The enterprise cannot apply for following allowance from the Compulsory State Social Insurance Fund of Ukraine for payment of funds to the workers on partial unemployment earlier than in a year from the end of the payment of allowances on partial unemployment.

The period of time of payment of the allowances on partial unemployment in the case when the employed assumed measures on precaution and prevention of the epidemic spread for implementing the proper decision of the regional state administration, is not considered during the review of the application on following allowances on partial unemployment on the reasons of production nature.

The order of the provision of the assistance on partial unemployment is determined by the central body of the executive power, providing the forming of the state policy in the employment and labor migration.

The sum of the allowance on partial unemployment is provided by the employer from subjects of small and medium-sized entrepreneurship during the holding of events on prevention of appearance and spread of coronavirus disease (Covid-19) provided by the quarantine established by the Cabinet of Ministers of Ukraine.

The allowance on partial unemployment is not provided if the employer has debt in payment of wage and payment of single contribution for obligatory state social insurance, which appeared during five years preceding the stop of production.

How to get assistance on partial unemployment?

To get the assistance on partial unemployed, the employed has to appeal tot eh territorial body of the central body of the executive power, implementing the state policy in the employment and labor migration at the place of incorporation as the payer of single contribution for obligatory state social insurance and employer has to provide the following documents:

  • application in no particular form;
  • copy of the order with the date of the beginning of the stop (reduction) of production and list of the measures on the prevention of the appearance and spread of coronavirus disease (Covid-19) provided by the quarantine established by the Cabinet of Ministers of Ukraine;
  • information about workers (surname, name, patronymic name, registration number of registration card of payer of taxes or series and number of passport) who have the right to get the allowance on partial unemployment in accordance with the article’
  • certificate on absence of debt on payment of wage and single contribution for obligatory state social insurance, which appeared during five years preceding the stop of production.

The right for the allowance on partial unemployment in accordance with the article is provided to insured people with proceeded labor relations (excluding people who receive pension).

The allowance on partial unemployment is established for each hour, which was reduced, considering two-thirds of wages established for a worker with the proper position. The amount of allowance is defined due to the financial capabilities of the fund and cannot surpass the minimum wage established by the law.

The payment of the allowance on partial unemployment to the workers is held by the employed from the first day of reduction of the duration of the working time at the expense of the Fund within the term of the stop (reduction) of production but not longer than the term of holding of events on prevention of appearance and spread of coronavirus disease (Covid-19) provided by quarantine established by the Cabinet of Ministers of Ukraine.

In case of the violation of the guarantees of employment of people, who get the allowance on partial unemployment (termination of employment agreement during six months, if allowance is paid for less than 180 days, during the period of time equal to the term of payment of allowance), from the end of the payment of allowance on the grounds provided by point 1, article 40 (excluding the complete liquidation or stop of activity of the employer), point 1, article 36, part 4, article 38 of Code of the law of Ukraine on labor, funds are returned to the Fund.

The employer may appeal to get the funds for payment of allowance on partial unemployment to workers during 30 calendar days since the stop (reduction) of production.

The period of payment of allowance on partial unemployment in the case when the employer assumed measures on prevention of appearance and spread of coronavirus disease (Covid-19) provided by quarantine established by the Cabinet of Ministers of Ukraine, is not taken into account during the consideration of the appeal with the next provision of allowance on partial unemployment on reasons of production nature.

The decision on the provision of allowance on partial unemployment is made by the territorial body of the central body of the executive power, implementing the state policy in the employment and labor migration at the regional level during three days from the filing of documents by the employer, provided by the article of the territory boy as the payer of single contribution for obligatory state social insurance.

 

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