The main news in labor legislation from 10.06-15.07.2021

INFORMATION LETTER

Dear colleagues!

We inform you about the main news in labor legislation for the period from June 10 to July 15, 2021.

1. The Cabinet of Ministers approved the Procedure for granting 14-day leave at the birth of a child for men and other family members.

NAME OF THE REGULATORY LEGAL ACT:

Resolution of the Cabinet of Ministers of Ukraine “On approval of the Procedure for granting leave at the birth of a child” as of July 7, 2021. № 693.

ACCESS:
https://zakon.rada.gov.ua/laws/show/693-2021-%D0%BF#Text

ESSENCE OF CHANGES:

  • A husband whose wife has given birth to a child will be entitled to leave; the child’s father, who is not in a registered marriage with the child’s mother, provided that they live together, have a common life and responsibilities, as well as the child’s grandfather, grandmother or other adult relative who actually care for a child whose mother or father is single.
  • The term within the leave is granted is specified: once for the duration determined by the employee in the application for its granting (but not more than 14 calendar days excluding holidays and non-working days), not later than three months from the child’s birth. This leave can be used no later than the 104th day after the child’s birth. It is not subject to division into parts. The salary for this vacation is paid no later than three days from the date of its beginning.
  • The procedure determines the list of documents for each category of persons.
  •  The duration of leave for the birth of two or more children is determined (in this case, the duration of leave is not increased).
  •  There is a procedure for granting leave in case of change of place of work during the period that gives the right to leave.

2. Entry into force on June 10, 2021 by the Law of Ukraine “On Amendments to Certain Legislative Acts of Ukraine” as of February 5, 2021 № 1217-IX.

NAME OF THE REGULATORY LEGAL ACT:
Law of Ukraine “On Amendments to Certain Legislative Acts of Ukraine Concerning the Accounting of Employee Labor Activity in Electronic Form” as of February 5, 2021 № 1217-IX (hereinafter – the Law № 1217). Entry into force – 10.06.2021.

ACCESS:
https://zakon.rada.gov.ua/laws/show/1217-20#Text

ESSENCE OF CHANGES:

  • Employers, in particular, are obliged to issue a copy of the dismissal order (instruction) to the employee on the day of dismissal, to make a settlement with him/her within the time limits specified in Art. 116 of the Labor Code, as well as at the request of the employee to make appropriate records of dismissal in the employment record book kept by the employee. That is, from June 10, 2021, a copy of the dismissal order must be issued on any grounds for dismissal of the employee, and not, as before, only when dismissing the employee at the initiative of the employer.
  • Law № 1217 abolishes the obligation to have a paper employment record book and requires that an employee’s employment record be recorded electronically in the register of insured persons. Law № 1217 provides a 5-year transition period. After digitization or scanning, the original employment record book is transferred to the employee for safekeeping as an official document. At the request of the employee, the paper employment record book can be kept in parallel with the electronic one. Information on employment can be entered by both the insured person and the employer through the web portal of electronic services PFC.

3. Introduction of e-sick note at the enterprise for the purpose of material support to the insured person from 04.06.2021, explanation of the FSS and updating the reasons for disability in the e-sick note.

NAME OF THE REGULATORY LEGAL ACT:
“The procedure for organizing the Electronic Register of sick notes and providing information from it”, approved by the Resolution of the Cabinet of Ministers of April 17, 2019 № 328
(as amended by the resolution of the Cabinet of Ministers of Ukraine of March 31, 2021 № 323) (hereinafter – the Procedure as amended by the resolution 323). Entry into force – 01.05.2021.

INSTRUCTION for working with medical opinions on temporary incapacity for work in the Register of medical opinions in the electronic health care system and sick notes for the period of transitional model, approved by the Order of the Ministry of Health from 01.06.2021 № 1066 (hereinafter – the Instruction № 1066). Entry into force – 04.06.2021.

ACCESS:
https://zakon.rada.gov.ua/laws/show/323-2021-%D0%BF#n17 (Procedure as amended by Resolution № 323)
https://zakon.rada.gov.ua/laws/show/z0730-21#Text (Instruction № 1066)
http://www.fssu.gov.ua/fse/control/vin/uk/publish/article/110479 (FSS explanation)
http://www.fssu.gov.ua/fse/control/main/uk/publish/article/976143 (causes of disability)

ESSENCE OF CHANGES:

  • An electronic incapacity certificate (hereinafter referred to as an e-sick note) is a sick leave certificate generated (published) by the Register of Incapacity for Work on the basis of a medical certificate of temporary incapacity, which (as well as a paper sick note) is the basis for providing help to employees on temporary disability, as well as pregnancy and childbirth.
  • The intermediate (preparatory) stage is defined by Instruction № 1066:

– from June 1 to August 31, 2021 e-sick notes will be issued together with sick notes in paper form;
– From September 1, 2021, the use of e-sick notes will become mandatory for all health care institutions.

  • If an electronic medical report is formed on the employee’s insured event instead of issuing a paper medical certificate, an e-sick note will be automatically formed on its basis.
  • Notification on the opening of e-sick note will be sent to the employer in the personal account of the insured person on the web portal of electronic services of the Pension Fund of Ukraine (portal.pfu.gov.ua).
  • The formed e-hospital will be available for viewing on the day of its creation, but the basis for providing material support will be only after its closing. And in the case of assistance during pregnancy and childbirth – immediately after creation.
  • No more than 10 calendar days from the date of expiration of the e-sick note period shall be allotted to the employee for material support.
  • E-sick note is printed or remained in electronic form (at the discretion of the employer).
  • The personnel service or the responsible person of the personnel service determines the insurance record of the insured person (benefits) and the number of calendar days of incapacity for work to be paid at the expense of the employer and the Social Insurance Fund of Ukraine. The specified information (at the request or definition of the employer) is formed in paper form or in electronic one.
  • E-sick note, information on the determined insurance period and the number of days of incapacity for work to be paid, are transferred to the commission (commissioner) for social insurance of the enterprise.
  • The Commission on Social Insurance at Enterprises continues its work and retains the full range of functions provided by the Regulations on the Commission (Commissioner) for Insurance in connection with temporary disability, approved by the Board of the Social Insurance Fund of Ukraine from 19.07.2018 № 13.
  • The decision on appointment or refusal to appoint material support is submitted by the commission (commissioner) for social insurance of the enterprise to the accounting department of the enterprise, which accrues material support.
  • The accounting department calculates the material support on the basis of e-sick note (if necessary, its paper printout) and the decision of the commission (commissioner) for social insurance of the enterprise. This calculation is recorded in electronic or paper form (at the discretion of the employer) and is reflected in the accounting entries.
  • The application-calculation is filled in and submitted to the Fund’s branch at the place of registration.
  • The employer must submit an application-calculation to the FSSU no later than 5 working days from the date of the decision on the appointment of material support by the commission (commissioner).
  • If the employer has several sick notes of different types, he/she must submit applications-calculations separately for each type of sick note.
  • The e-sick note does not have a series, but it is assigned a unique number. The single registration number of the certificate of incapacity for work is a unique number, which is formed and assigned automatically by the software of the Register, consists of digits forming natural numbers by adding a unit to the last available number, and by which a case of temporary incapacity and all documents in the register can be identified.
  • The e-sick note has updated the reasons for disability, which are:

1. “Temporary disability due to illness or injury not related to an accident at work
2. “Pregnancy and childbirth”
3. “The need to care for a sick child”
4. “The need to care for a sick family member”
5. “The need to care for a child under the age of three or a child with a disability under the age of 18 in the event of illness of the mother or other person caring for such a child”
6. “Quarantine established in accordance with the law”
7. “Prosthetics with hospitalization in permanent establishment of prosthetic and orthopedic enterprise”
8. “Stay in the department of the sanatorium”
9. “Temporary transfer of an insured person in accordance with a medical report to a lighter, lower-paid job” (may be marked as the connection between the case of temporary incapacity for work and the patient’s professional activity)
10. “Staying in self-isolation, observation during the quarantine established by the Cabinet of Ministers of Ukraine in order to prevent the spread of acute respiratory disease COVID-19 caused by the coronavirus SARS-CoV-2.” If there is a note in the medical report on the connection between the case of temporary incapacity for work and the patient’s professional activity, the reason for incapacity “Temporary incapacity due to illness or injury not related to an accident at work” may be changed by the Social Insurance Fund of Ukraine on the basis of acts of investigation of an accident or occupational disease on the causes:
11. “Temporary disability due to occupational disease”
12. “Temporary disability due to an accident at work.”

4. 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 the establishment of quarantine and the introduction of restrictive anti-epidemic measures to prevent the spread of acute respiratory disease COVID-19 caused by coronavirus SARS-CoV-2” as amended on June 16, 20.

ACCESS:
https://zakon.rada.gov.ua/laws/show/1236-2020-%D0%BF#n5

ESSENCE OF CHANGES:
The quarantine was extended throughout Ukraine until August 31, 2021. Ukraine is in the “green” zone of epidemic security. The list of quarantine restrictions has been significantly reduced.

5. Change of the subsistence level from July 1, 2021.

NAME OF THE REGULATORY LEGAL ACT:
Law of Ukraine “On the State Budget of Ukraine for 2021” of December 15, 2020 № 1082-IX.

ACCESS:
https://zakon.rada.gov.ua/laws/show/1082-20#Text

ESSENCE OF CHANGES:

  • From July 1, 2021, the new subsistence level will take place. In particular, the generalized indicator per person is 2,294 UAH per month (it was 2,189 UAH). At the same time for able-bodied persons – 2379 UAH.
  •  The size of the minimum wage does not change and is:

– in the monthly rate – 6,000 UAH,
– in an hourly rate – 36.11 UAH.

  • Wage indexation. The salary is subject to indexation within the subsistence level established for able-bodied persons. Thus, from 01.07.2021 the salary of employees in the amount of 2,379 UAH is subject to indexation.

6. The State Statistics Service of Ukraine updates the forms of labor reporting.

NAME OF THE REGULATORY LEGAL ACT:
Order of the State Statistics Service of Ukraine “On approval of forms of state statistical observation № 1-PV (monthly)” Labor Report “and № 1-PV (quarterly)” Labor Report “dated 25.06.2021. № 135.

ACCESS:
https://zakon.rada.gov.ua/rada/show/v0135832-21#Text

ESSENCE OF CHANGES:

  • Updated forms of state statistical observation № 1-PV (monthly) “Labor Report” and № 1-PV (quarterly) “Labor Report”.
  • We will submit a new monthly form of labor reporting for the first time in January 2022, and a quarterly form for the first quarter of 2022.
  • These forms of statistical reporting apply to legal entities, separate divisions of legal entities in accordance with the approved methodology.
  • As of February 1, 2022, the orders of the State Statistics Service of June 17, 2020 № 178 and № 179, which approved the forms № 1-PV (quarterly) and № 1-PV (monthly) will expire.

7. A new procedure for receiving partial unemployment benefits during quarantine.

NAME OF THE REGULATORY LEGAL ACT:
Resolution of the Cabinet of Ministers of 22.04.2020 № 306 “On approval of the Procedure for providing and refunding funds aimed at financing partial unemployment benefits for quarantine and / or emergency, established by the Cabinet of Ministers of Ukraine to prevent the spread of acute respiratory disease COVID-19 caused by coronavirus SARS-CoV-2 ”(hereinafter – the Resolution of the Cabinet of Ministers of Ukraine № 306).
“Procedure for providing and refunding funds aimed at financing partial unemployment benefits for the period of quarantine and / or emergency, established by the Cabinet of Ministers of Ukraine”, approved by Resolution of the Cabinet of Ministers № 306 (as amended by the Cabinet of Ministers of Ukraine dated June 16, 2021. № 635) .

ACCESS:
https://zakon.rada.gov.ua/laws/show/306-2020-%D0%BF#Text

ESSENCE OF CHANGES:
From June 23, 2021, there is a new Procedure for receiving partial unemployment benefits during quarantine. The amount of benefits will be determined and provided for each month in proportion to the reduced working hours. For employees it is 2/3 of the tariff rate (salary), for sole proprietors it is 2/3 of the average monthly base of accrual of SSC for the year preceding the year of application. The amount of benefits will not exceed the subsistence level for able-bodied persons. Previously, the benefit did not exceed the minimum wage.

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Please note that the information contained in this information letter is for general reference only and cannot be considered as legal advice. We hope you found this information useful. If you need a more detailed explanation of the provisions 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

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

Regards,
Law offices of OMP