News of labor legislation from 13.07-16.08.2021Dear colleagues!

We inform you about the main news in the labor legislation for the period from July 13 to August 16, 2021.

  1. Entry into force of the Procedure for submitting information on employment of an employee, natural person – entrepreneur, natural person who provides himself/herself with work independently, in electronic form from July 23, 2021.

NAME OF THE REGULATORY LEGAL ACT:

Resolution of the PFU of March 12, 2021. № 11-1 “On approval of the Procedure for submitting information on employment of an employee, natural person – entrepreneur, natural person who provides himself/herself with work independently, in electronic form.” Entry into force – 23.07.2021

ACCESS:

https://zakon.rada.gov.ua/laws/show/z0802-21#Text

ESSENCE OF CHANGES:

  • Information on the employee’s employment is submitted by the insurer for employees or the employee himself/herself to the Pension Fund of Ukraine through the web portal of electronic services of PFU in electronic form with the obligatory imposition of a qualified electronic signature in one of the following ways:
    • in the form of copies of the documents provided by the legislation made by scanning;
    • in digital form – by creating an appropriate electronic record in the electronic account of the insurer or the insured person on the web portal of electronic services of the Pension Fund of Ukraine, which is accompanied by scanned copies of documents on the basis of which the record is created.
  • Electronic copies of the pages of the employment record book and documents on length of service, defined by the Procedure for confirming the available length of service for pensions in the absence of employment record book or relevant entries in it, approved by the Cabinet of Ministers of Ukraine dated 12.08.1993 № 637, are made by scanning.
  • Scanned copies are made in color from the original employment record book and documents on employment period, must contain all pages of the employment record book in chronological order and the fields of relevant documents, be suitable for the perception of their content, namely the series and number of document blanks, recommended scanning resolution – 300 dpi, image format must be jpg or pdf, the size of each file should not exceed 1 MB.
  • The electronic record consists of a list of information about the employee’s employment:

– name of the employer or full name (if any) and identification code according to the Unified State Register of Enterprises and Organizations of Ukraine or registration number of the taxpayer’s account card or series (if any) and/or passport number (for persons who refused to take registration number due to their religious beliefs);

– Periods of: work, study, practice, service, care, unemployment, internship, relations under contracts of civil law nature, correctional work, part-time work;

– transfer from one position to another position or another job;

– job title, profession, speciality, qualification, type of work performed, structural unit;

– the reason for termination of employment, training, practice, service, relations under contracts of a civil nature, care, unemployment, correctional work (paragraph, part, article of the law);

– type of document, its number and date on the basis of which the record of the beginning and/or termination is made: labor relations, training, practice, service, care, unemployment, internship, relations under contracts of civil law character, corrective works, part-time work.

  • If an electronic record is created with errors and sent, a new electronic record is formed.

  1. The Ministry of Economy provided clarification on the calculation of the average salary during the business trip.

NAME OF THE REGULATORY LEGAL ACT:

Letter of the Ministry of Economy dated July 13, 2021 № 4711-06 / 36275-07.

ACCESS:

https://ips.ligazakon.net/document/ME210556?an=1

ESSENCE OF EXPLANATIONS:

  • Warranties for employees sent on business trips are established by Article 121 of the Labor Code, according to which employees sent on business trips are paid for their work in accordance with the conditions specified in the employment or collective agreement, and the amount of such remuneration may not be lower than average earnings. That is, it is necessary to calculate the daily wage and the average daily wage, compare their values ​​and make a payment based on a larger value.
  • To determine the daily earnings, all elements of wages that the employee receives in accordance with the terms of the employment, collective agreement in the month in which he is sent on a business trip: salary, surcharges, allowances, bonuses, indexation, etc. are taken into account.
  • The calculation of the average daily wage, which is retained by the employee in the case of a business trip, is carried out in accordance with the rules of the Procedure for calculating the average wage.
  • Clause 2 of the Procedure stipulates that in all cases of maintaining the average salary (except for vacation time and payment of compensation for unused leave) the average salary is calculated based on payments for the last two calendar months of work preceding the event associated with the payment .
  • Clause 8 of the Procedure stipulates that accruals of payments calculated from the average salary for the last two months of work are made by multiplying the average daily (hourly) earnings by the number of working days (hours) to be paid at the average earnings. The average daily (hourly) wage is determined by dividing the wages for the working days actually worked up during the two months by the number of working days (hours) worked up during this period.
  • In the case when the average monthly salary is defined by law as an estimated value for the calculation of benefits and allowances, it is calculated by multiplying the average daily wage by the average monthly number of working days in the calculation period.
  • The average daily wage is calculated by dividing the wages for the working days actually worked up during the two months by the number of working days worked during this period.
  • The average monthly number of working days is calculated by dividing by two the total number of working days for the last two calendar months in accordance with the work schedule of the enterprise, institution, organization, established in compliance with the law.
  • The average wage is usually calculated based on the average daily wage.
  • The average hourly earnings are calculated in cases where, according to the law, the employee is required to pay the average earnings for only a few hours (for example, if the employee was summoned to court, sent for medical examination, etc.).

  1. Local governments will no longer be fined for violating labor laws.

NAME OF THE REGULATORY LEGAL ACT:

Resolution of the Cabinet of Ministers of July 28, 2021 № 780 “On Amendments to Certain Resolutions of the Cabinet of Ministers of Ukraine”.

ACCESS:

https://zakon.rada.gov.ua/laws/show/780-2021-%D0%BF#Text

ESSENCE OF CHANGES:

  • The resolution amends:

– The procedure for imposing fines for violations of labor and employment legislation;

– Regulations on the State Labor Service of Ukraine;

– The procedure for state control over compliance with labor legislation.

  • Deprivation of powers to supervise the observance of labor legislation of local government officials, namely the heads of executive bodies of city councils of cities of regional significance, village, settlement, city councils of united territorial communities and their deputies. These executive committees will not be fined for violating the legislation on labor and employment, and the State Labor Service of Ukraine will not monitor compliance with the legislation on state supervision by these bodies.

  1. Entry into force of the Procedure for issuance (formation) of sick leaves in the Electronic Register of sick leaves from July 20, 2021.

NAME OF THE REGULATORY LEGAL ACT:

Order of the Ministry of Health of Ukraine of June 17, 2021 № 1234 “On approval of the Procedure for issuance (formation) of sick leaves in the Electronic Register of sick leaves”. Entry into force – July 20, 2021.

ACCESS:

https://zakon.rada.gov.ua/laws/show/z0890-21#Text

THE ESSENCE OF THE ORDER:

  • The data of medical opinions on temporary incapacity for work, entered in the Register of medical opinions in the electronic health care system, come from the electronic health care system.
  • The certificate of incapacity for work is formed in the Register on the basis of a medical opinion (medical opinions) in case the patient is identified as an insured person in the register of insured persons of the State Register of Compulsory State Social Insurance.
  • The dates of opening and closing of the certificate of incapacity correspond to the dates of the beginning of the period of validity and the end of the period of validity of the medical report on the basis of which this certificate of incapacity for work is formed. The certificate of incapacity for work is considered to be issued from the day following the date of closing the certificate of incapacity for work.
  • Mandatory details of the certificate of incapacity for work as an electronic document:
  • a single registration number of the certificate of incapacity for work, a qualified electronic signature (electronic seal) specially designed for such purposes,
  • information on the record of temporary incapacity for work: on a person who is temporarily incapacitated for work, on a case of temporary incapacity for work.
  • Start and end date of e-sick leave. The dates of opening and closing of the certificate of incapacity correspond to the dates of the beginning of the period of validity and the end of the period of validity of the medical report on the basis of which this certificate of incapacity for work is formed. The certificate of incapacity for work is considered to be issued from the day following the date of closing the certificate of incapacity for work.
  • Based on these medical reports, which make up one case of temporary disability, sick leaves are formed in the order of medical reports, each of which is created as a continuation of the first, by adding the next sequence number after the sign “-” to the unique number of the first certificate of incapacity, and , in turn, constitute one insured event.
  • The certificate of incapacity for work with the reason of incapacity for work “Pregnancy and childbirth” is considered issued from the date of opening of the certificate of incapacity for work.
  • The period of temporary incapacity for work in the list of incapacity for work can be shortened on the basis of data receipt:

1) from the electronic health care system about:

– a new medical opinion within the case of temporary incapacity for work;

– medical opinion with a note about a new case of temporary incapacity for work within one category of medical opinions or medical opinion for another category, including in case of receipt of such medical opinions in one day;

2) from the centralized data bank on disability issues on the establishment of a disability group by a medical and social expert commission (changes in the disability group, confirmation of a previously established disability group). In this case, the period of validity of the certificate of incapacity for work is reduced by the date of the relevant decision by the medical and social expert commission.

  1. The Verkhovna Rada approved the Budget Declaration for 2022-2024.

NAME OF THE REGULATORY LEGAL ACT:

Resolution of the Verkhovna Rada “On the Budget Declaration for 2022-2024” of July 15, 2021 №1652-IX.

ACCESS:

https://zakon.rada.gov.ua/laws/show/1652-20#Text

ESSENCE OF CHANGES:

It provides for a gradual increase in the minimum wage, which will increase in the following stages:

–01.2021 – 6000 UAH.

–12.2021 – 6500 UAH.

–10.2022 – 6700 UAH.

–01.2023 – 7176 UAH.

–01.2024 – 7665 UAH.

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Please note that the information contained in this information letter is for general reference only and cannot be considered legal advice. We hope you found this information useful. If you need a more detailed explanation of the law, please contact us at any time convenient for you.

Contact persons:

Igor Ogorodniychuk, partner
+380 44 391 30 01 io@omp.ua

Kateryna Dolga, associate
+380 50 444 30 50 k.dolga@omp.ua

Regards,
Law offices of OMP


Igor Ogorodniychuk (Partner)