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Publication date: 22.05.2024
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Formalization of labor relations with persons working in unbreakable points
In a letter dated January 10, 2023 No. 266/27/10-23, the Ministry of Development of Communities, Territories and Infrastructure of Ukraine provided an explanation regarding the registration of labor relations with persons who will be on duty at inviolability points.
The issue of the deployment and operation of points of invincibility is regulated by the Procedure for the organization and operation of points of invincibility, approved by Resolution No. 1401 of the Cabinet of Ministers of Ukraine dated December 17, 2022 (hereinafter, Order No. 1401).
The organization and operation of points of inviolability are initiated by the bodies of executive power and local self-government, by state and private business entities (with consent) taking into account the available resources.
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In accordance with paragraphs 7 and 9 of Order No. 1401, stationary points of unbreakability are deployed in the premises of state and communal property, as well as private property — at the initiative of the owner or tenant of such premises.
Deployment and operation of stationary and mobile points of inviolability is carried out at the expense of state and local budgets, funds of state-owned economic entities, as well as other sources not prohibited by law.Format: recording • Date: September 26, 2022
According to paragraph 2 of Appendix 1 to Order No. 1401, round-the-clock duty is organized for the operation of the inviolability point, which includes:
- maintenance of equipment (means of autonomous power generation, autonomous lighting and heating, Internet access, etc.) to ensure the functioning and continuous operation of the point of unbreakability;
- control over compliance with fire safety rules and sanitary and hygienic norms in the unbreakable point;
- organization of sanitary treatment of premises, replenishment of drinking water and food products;
- preservation of property and equipment;
- keeping records of visitors to the invincibility point by filling out the log in an arbitrary form;
- interaction with emergency services;
- informing visitors about the locations of the nearest security points, shelters, and health care facilities.
According to the decision of the relevant entities provided for in clause 4 of Order No. 1401, medical workers, psychologists, social workers, public organizations and volunteers may be involved in duty (work) at the points of invincibility (clause 6 of Appendix 1 to Order No. 1401).
Taking into account the above, with regard to the registration of relations with persons who will be on duty at such points, Mingromad suggests contacting the relevant entity that directly organizes such a point.By the way, the Ministry informs that when registering part-time employees or combining with other types of activities, the restrictions established for local self-government officials, defined by Articles 25 and 27 of the Law of Ukraine dated October 14, 2014 No. 1700-VII "On Prevention of Corruption" should be taken into account.
Volunteers can also work in the points of invincibility, who must agree with the employer on the features and specifics of such work, his relationship with the employer, within the limits of current legislation. In particular, Resolution No. 556 dated August 5, 2015 approved the Procedure for providing volunteer assistance in certain areas of volunteer activity.
