Dear colleagues!

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

1. Continuation of quarantine and settlement of quarantine measures.

NAME OF THE REGULATORY LEGAL ACT:
Resolution of the Cabinet of Ministers of Ukraine of December 9, 2020 № 1236 “On quarantine and introduction of restrictive anti-epidemic measures to prevent the spread of acute respiratory disease COVID-19 caused by coronavirus SARS-CoV-2 in Ukraine” as amended on August 11, 2021.

ACCESS:
https://zakon.rada.gov.ua/laws/show/1236-2020-п#Text

ESSENCE OF CHANGES:

  • Throughout Ukraine, the Cabinet of Ministers has extended adaptive quarantine, as well as the state of emergency until October 1, 2021.

2. The Cabinet of Ministers has amended the Procedure for accrual and payment of a single contribution to the obligatory state social insurance for certain categories of insured persons.

NAME OF THE REGULATORY LEGAL ACT:
Resolution of the Cabinet of Ministers of August 4, 2021 №850 “On approval of changes to the Procedure for accrual and payment of a single contribution to the obligatory state social insurance for certain categories of insured persons”. Entry into force – 17.08.2021

ACCESS:
https://zakon.rada.gov.ua/laws/show/850-2021-п#Text

ESSENCE OF CHANGES:

  • Leave without pay for care of a child with disability, issued by an able-bodied person on the basis of paragraph 3 of part 1 of Article 25 of the Law of Ukraine “On Leave”, will be included in the insurance period. The state will pay SSC at the expense of the total expenditures provided for in the State Budget of Ukraine for the respective year for the PFC.

3. The full transition to e-hospitals has been postponed from September 1, 2021 to October 1, 2021.

NAME OF THE REGULATORY LEGAL ACT:
Order of the Ministry of Healthcare of Ukraine of August 28, 2021 № 1836 “On Approval of Amendments to Certain regulatory legal Acts of the Ministry of Healthcare of Ukraine”.

ACCESS:
https://moz.gov.ua/uploads/6/32692-dn_1836_28_08_2021.pdf

ESSENCE OF CHANGES:

  • Amendments to some regulatory legal acts of the Ministry of Healthcare have been approved. The innovations are primarily related to the Procedure for forming medical certificates of temporary incapacity in the Register of medical certificates in the electronic health care system, approved by the Ministry of Healthcare from 01.06.2021 № 1066. The main change is full transition to electronic sick leaves, from October 1, 2021, and not from September 1, as had been planned before.

4. Entry into force on September 1, 2021 by the National Standard DSTU 4163: 2020 “State Unified Documentation System. Unified system of organizational and administrative documentation. Requirements for registration of documents.”

NAME OF THE REGULATORY LEGAL ACT:
Order of the State Enterprise “UkrNDNC” of July 1, 2020 №144 “On adoption and abolition of national standards.”

ACCESS:
https://zakon.rada.gov.ua/rada/show/v0144774-20#Text

ESSENCE OF CHANGES:

  • From 01.09.2021 registration of official documents is carried out in a new way. Enterprises must apply DSTU 4163: 2020. For individual persons-entrepreneurs – voluntarily.
  • The new standard establishes:
    • composition of details of documents;
    • requirements for the content and location of details in the documents;
    • requirements for blanks and documents execution;
    • requirements for preparation of documents.
  • The norms of the new standard apply, for example, to the following documents:
    • organizational (job descriptions, staff lists, etc.);
    • administrative (orders, instructions);
    • information-analytical (acts, certificates, reports, explanatory notes, official letters, etc.).

5. The Cabinet of Ministers changed the Procedure for calculating the average salary.

NAME OF THE REGULATORY LEGAL ACT:
Resolution of the Cabinet of Ministers “Some issues of calculating the average salary” of September 1, 2021 №917.

ACCESS:
https://zakon.rada.gov.ua/laws/show/917-2021-п#Text

ESSENCE OF CHANGES:

  • Amendments to the Procedure for Calculating the Average salary, approved by the Resolution of the Cabinet of Ministers of February 8, 1995 № 100, in particular regarding:

–taking into account bonuses when calculating the average salary. The calculation of the average salary will include:

♦ Amounts of accrued salary, except for bonuses (including per month) and other incentive payments based on the results of work for a certain period, are taken into account in the month in which they are accrued and in the amounts in which they are accrued, excluding tax deductions, alimony, etc., except for deductions from the salaries of persons sentenced by a court to correctional labor.

♦ Bonuses (including per month) and other incentive payments based on the results of work for a certain period when calculating the average salary are taken into account in the earnings of the period corresponding to the number of months for which they are accrued, starting from the month in which they are accrued. To do this, the earnings of the corresponding months of the calculation period are added to the part determined by dividing the amount of the bonus or other incentive payment based on the results of work for a certain period by the number of working days of the period for which they are accrued, and by multiplying by the amount of working days of the relevant month, which are accounted for the settlement period.

–list of payments that are not included in the average salary. These will include holiday pay and reward for diligent work and exemplary performance.

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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)