The President of Ukraine signed Law of Ukraine “On Amendments to the Law of Ukraine “On Ensuring Sanitary and Epidemic Welfare of the Population” to Prevent the Spread of Coronavirus (COVID-19)” No. 1113-IX of December 17, 2020, which entered into force on January 14, 2021.
It should be reminded that this law amends Art. 46, 47 of the Law of Ukraine “On Ensuring the Sanitary and Epidemic Welfare of the Population”, which stipulates that financial sanctions in the form of a fine in the amount of 200 to 300 non-taxable minimum incomes (from UAH 3,400 to 5,100) are set for legal entities, sole proprietors for:
- admission of a person to public buildings, structures where public services are provided, and public transport during the quarantine period established to prevent the spread of acute respiratory disease COVID-19 in Ukraine, without warning, communicated in any form and manner about wearing personal protective equipment, in particular a respirator or a protective mask covering the nose and mouth, including self-made;
- lack of response to the stay in such places of persons without personal protective equipment (oral remark about the need to wear personal protective equipment, termination of service, call a representative of the National Police with a report of an administrative offense);
- customer service during the quarantine period by employees of business entities and/or directly by a sole proprietor without wearing personal respiratory protective equipment, including respirators or protective masks that cover the nose and mouth.
The law also stipulates that officials of territorial bodies of the central body of executive power, which implements the state policy in the field of sanitary and epidemic welfare of the population, are authorized to make resolutions on imposition of fines and application of financial sanctions.
The Cabinet of Ministers of Ukraine has reminded that on January 16, 2021, Art. 30 of the Law of Ukraine “On Ensuring the Functioning of the Ukrainian Language as the State Language” became effective. From this day on, the final transition of the service sector to the state language will take place. According to the law, all service providers, regardless of ownership, are obliged to serve consumers and provide information about goods and services in Ukrainian.
“In practice, this means that Ukrainian consumers will finally have the right to get service in the state language by default – in a supermarket or online store, in a cafe or restaurant, in a bank or pharmacy, at a gas station or train station, in a gym or library, etc. There are few exceptions: only at the client's request can the personal service be provided in another language acceptable to both parties,” Taras Kremin, the State Language Commissioner, said.
“It is important to remember that the requirement to use the state language does not only apply to trade. We are also talking about educational services (including clubs and sections), medical care, social services, etc.,” he stressed.
Taras Kremin also noted that information in price tags, instructions, technical characteristics, markings, tickets, menus, etc. should be provided in Ukrainian. However, he noted that information in the state language about goods and services might be duplicated in other languages.
“In case of violation of the right to receive information and services in Ukrainian, it is advisable for the consumer, first of all, to ask the employee of the relevant institution to provide services in Ukrainian, the manager or senior management with a request to correct the situation, record violations in the complaint book. Every citizen may also file a complaint addressed to the Commissioner for the Protection of the State Language, send it in writing or by e-mail to the address of the Commissioner. At the same time, it is important to provide the most complete information about the business entity, the circumstances and the evidence that confirms the violation,” said Taras Kremin.
The State Tax Service of Ukraine has reminded that the Tax Code of Ukraine stipulates that from January 1, 2021 during settlement operations for paid services in the field of health care the use of payment transactions recorder (hereinafter – PTR) and/or software payment transactions recorder (hereinafter – SPTR) is mandatory.
At the same time, Art. 9 of the Law of Ukraine “On the use of PTR in the field of trade, catering and services” No. 265/95-ВР of July 6, 1995 provides that PTR/SPTR is not used in the case of payments for paid services in the field of health in non-cash form (from account to account), through banking institutions and exclusively through money transfer services or through remote banking systems.
Thus, in particular, in the case of a family doctors who are registered as private entrepreneur, receiving funds at their own accounts, the use of PTR is not required.
The State Employment Center has explained about the peculiarities of remote (home) work.
As you know, during quarantine, employers began to use more forms of remote (distance) work. The spread of coronavirus has forced officials to take steps to improve legislation in this area. Thus, in 2020 there was Art. 60 of the Labor Code of Ukraine (hereinafter – the Labor Code), which defined the features of remote and home work. According to the Ministry of Social Policy of Ukraine, previously the issues of home work were regulated mainly by the provisions of the Soviet era, as well as the collective agreement. The new provisions have saved the jobs of thousands of people who could produce products or perform their job functions using information and communication technologies at home.
The State Employment Center reminds of the main features of work outside the premises of the employer.
1. Mandatory conclusion of an employment contract for home (remote) work in writing
An employment contract is usually concluded in writing. Observance of the written form is obligatory in case of the conclusion of the employment contract on remote (home) work (item 61, part 1, Art. 24 of the Labor Code). At the time of threat of epidemic, pandemic and/or military, man-made, natural or of other nature, the condition of remote (home) work and flexible working hours may be established in the order of the owner or authorized body without mandatory conclusion in writing of an employment contract for remote (home) work.
2. Equality of home (remote) employees with employees performing work at the employer's premises
Performing remote (home) work does not entail any restrictions on the scope of labor rights of employees. In this case, if the employee and the employer have not agreed otherwise in writing, remote (home) work involves payment in full and within the time specified in the existing employment contract (Art/ 60 of the Labor Code). In this case, for homeworkers whose organizational and technical working conditions are close to those adopted during the calculation of production standards for employees performing similar work in production conditions, the same standards are set as for these employees.
3. Features of accounting for working time of home (remote) employees
In the case of remote (home) work, employees distribute working time at their discretion, they are not subject to the rules of internal labor regulations, unless otherwise provided in the employment contract. At the same time, the total duration of working hours may not exceed the rules provided for in Art. 50 and 51 of this Code (Art. 60 of the Labor Code).
At the same time, the competent authorities emphasize that the employer is obliged to keep records of all homeworkers who perform work, and to keep registration sheets of work assignments entrusted to the home employee, indicating the time allotted for the tasks.
4. Reimbursement of certain expenses to home (remote) employees
Employees can perform work on their own equipment. The content of Art. 125 of the Labor Code should be borne in mind. Employees who use their tools for the needs of the enterprise, institution, organization, have the right to receive compensation for their wear (depreciation). The amount and procedure for payment of this compensation, if they are not established in a centralized manner, must be determined by the owner or authorized body in agreement with the employee.
The administration may allow remote employees to manufacture products for the enterprise from their own materials and using personal machinery and tools. The list of types of own materials and quantity of the products made of them, and also the order of granting of raw materials and materials are defined in the branch instruction.
The organization of work processes at home is allowed only for persons who have the necessary living conditions, as well as practical skills or can be trained in these skills to perform certain tasks.
By agreement of the parties, the home employee may be reimbursed for expenses related to the performance of work at home for the enterprise (electricity, water, etc.). This issue should be resolved during the conclusion of the employment contract, the Ministry of Social Policy says.
5. The preemptive right of certain categories of persons to perform work at home
The preemptive right to enter into an employment contract for work at home is granted to:
- women who have children under the age of 15;
- disabled people and retired (regardless of the type of assigned pension);
- persons who have reached retirement age but do not receive a pension;
- persons with reduced working capacity, who are duly recommended to work at home;
- people caring for people with disabilities or family members who are long-term ill and in need of health care;
- persons engaged in work with seasonal nature of production (in the off-season), as well as studying in full-time educational institutions;
- persons who, for objective reasons, cannot be directly employed in production in this area (for example, in regions and areas that have free labor resources).
At the request of a woman or other persons who actually care for a child under three years of age during their stay on childcare leave, may work at home (Part 8 of Art. 179 of the Labor Code). Persons with disabilities who are unable to work in enterprises, institutions, organizations, the state employment service assists in employment with the possibility of work at home (Part 4 of Art. 18 of the Law of Ukraine “On Fundamentals of Social Protection of Persons with Disabilities in Ukraine”).
