Dear colleagues!
We inform you about the main news in the labor legislation for the period from October 18 to November 22, 2021.
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Changes are made to DK 003: 2010 “Classifier of professions”.
NAME OF THE REGULATORY LEGAL ACT:
Order of the Ministry of Economy of October 25, 2021 № 810 “On approval of Amendment № 10 to the national classifier DK 003:2010”.
ACCESS:
https://zakon.rada.gov.ua/rada/show/v0810930-21#Text
ESSENCE OF CHANGES:
23 names of classification groups and 60 existing names of professions were changed, new classification groups and new names of professions (positions) were introduced, some names of professions were abolished.
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The Ministry of Healthcare approved the List of Professions for Mandatory Vaccination and Amendments thereto.
NAME OF THE REGULATORY LEGAL ACT:
- Order of the Ministry of Healthcare of October 4, 2021 № 2153 “On approval of the List of professions, industries and organizations whose employees are subject to mandatory preventive vaccinations” (hereinafter – Order of the Ministry of Healthcare № 2153). Entry into force – November 8, 2021.
- Order of the Ministry of Healthcare of November 1, 2021 № 2393 “On approval of changes to the List of professions, industries and organizations whose employees are subject to mandatory preventive vaccinations” (hereinafter – Order of the Ministry of Healthcare № 2393). Entry into force – December 9, 2021.
- Draft Order of the Ministry of Healthcare “On approval of changes to the List of professions, industries and organizations whose employees are subject to mandatory preventive vaccinations” (hereinafter – the Draft Order of the Ministry of Healthcare).
ACCESS:
- https://zakon.rada.gov.ua/laws/show/z1306-21#Text
- https://moz.gov.ua/uploads/6/34192-dn_2393_01_11_2021_dod.pdf
- https://moz.gov.ua/uploads/ckeditor/%D0%93%D1%80%D0%BE%D0%BC%D0%B0%D0%B4%D1%81%D1%8C%D0%BA%D0%B5%20%D0%BE%D0%B1%D0
ESSENCE OF CHANGES:
- Order of the Ministry of Healthcare № 2153 stipulates that employees are subject to mandatory preventive vaccination against COVID-19 for the period of quarantine:
– Employees of central executive bodies and their territorial bodies;
– Employees of local state administrations and their structural subdivisions;
– Employees of institutions of higher, postgraduate, professional before higher, professional (professional-tehnical), general secondary, including special, preschool, extracurricular education, specialized education and research institutions, regardless of type and form of ownership.
- Employees who have absolute contraindications to vaccinations, according to the List of medical contraindications and warnings to preventive vaccinations, approved by the order of the Ministry of Healthcare of Ukraine of September 16, 2011 № 595 (as amended by the order of the Ministry of Healthcare of Ukraine of 11 October 2019 № 2070), are not subject to mandatory vaccination.
- By the order of the Ministry of Healthcare № 2393 the following employees were added to the List:
– employees of enterprises, institutions and organizations belonging to the sphere of management of central executive bodies;
– employees of institutions and establishments providing social services, social protection establishments for children, rehabilitation establishments;
– employees of enterprises, institutions and organizations included in the List of state-owned objects of strategic importance for the economy and security of the state, approved by the Cabinet of Ministers of Ukraine dated 4.03.2015 № 83.
- The draft order of the Ministry of Healthcare provides for supplementing the List with employees:
– of local governments;
– of health care institutions of state and communal ownership;
– of utilities, institutions and organizations.
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The Ministry of Economy has approved the procedure for introducing electronic document flow in the labor protection management system.
NAME OF REGULATORY LEGAL ACT:
Order of the Ministry of Economy of Ukraine of October 28, 2021 N 839-21 “Procedure for introduction of electronic document flow in the management system of labor protection”, registered in the Ministry of Justice of Ukraine of November 11, 2021 N 1488/37110. Status – has not entered into force; the order of entry into force – from the date of publication.
ACCESS:
ESSENCE OF CHANGES:
- Electronic document flow in the labor protection management system has been introduced.
- The employer will have the right to issue a relevant order to decide on the introduction of electronic document flow, the creation and use of which is provided by regulations on labor protection.
- Simultaneously with the adoption of this decision, the employer will be obliged to approve:
– list of documents, the maintenance of which is provided in electronic form;
– the procedure for creating, sending, transmitting, receiving, storing, processing, using and destroying the documents listed.
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Bill № 6171-2 on amendments to some legislative acts of Ukraine on the activity of the Social Insurance Fund of Ukraine has been registered.
NAME OF REGULATORY LEGAL ACT:
Draft Law on Amendments to Certain Legislative Acts of Ukraine Concerning the Activity of the Social Insurance Fund of Ukraine and Optimization of Its Expenditures.
ACCESS:
http://w1.c1.rada.gov.ua/pls/zweb2/webproc4_1?pf3511=73112
ESSENCE OF CHANGES:
- The bill proposes to establish the following types of leave:
- Basic leave.
- Additional vacations:
– maternity leave;
– childcare leave
– leave to care for a child until he or she reaches the age of three;
– leave in connection with the adoption of a child;
– leave for employees with family responsibilities;
– unpaid leave.
Other types of leave may be established by law, collective agreement, contract and employment contract.
- It is proposed to determine the duration of leave on working days, not on calendar days.
- Annual basic leave should consist of basic leave, which is calculated from the date of the employment contract and sick leave. Employees are granted basic leave of at least 29 working days per working year, of which 10 are working days due to family circumstances and health conditions. Family leave and leave due to health condition are granted immediately and at any time at the request of the employee, including oral request.
- The bill proposes to abolish such types of leaves as study leave, creative leave, leave to prepare for and participate in competitions, leave without pay by agreement of the parties, when the employee due to family circumstances and other reasons had the opportunity to receive unpaid leave of 15 calendar days for a year.
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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