Publication date: 22.05.2024
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On the payment of sick leave to part-time employees: will the legislative "errors" be eliminated
After the entry into force of the new version of the Law of Ukraine dated September 23, 1999 No. 1105 "On Mandatory State Social Insurance" (hereinafter - Law No. 1105), problems arose regarding the provision of assistance for temporary disability and pregnancy and childbirth to insured persons who, in addition to the main places of work, working part-time at the same or another enterprise.
In the period up to January 1, 2023 (before the new version of Law No. 1105), the specified allowance was paid both for the main place of work and for the place of part-time work.
Currently, Article 22 of Law No. 1105 provides that temporary disability benefits, pregnancy benefits and maternity benefits are provided to insured persons:
• by the main place of work
or
• at the place of work on a part-time basis.
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Such a change led to the fact that clarifications are provided on the ground that temporary disability benefits and maternity benefits to insured persons are provided at the main place of work, and if the insured person has not exercised the right to such benefits at the main place of work, then the benefit provided part-time.
Depriving insured persons of receiving insurance benefits at the place of work on a part-time basis is unfounded.After all, in accordance with Article 11 of Law No. 1105 and Articles 4, 7, 8 of the Law of Ukraine dated July 8, 2010 No. 2464-VI "On Collection and Accounting of a Single Contribution to Mandatory State Social Insurance", both by main place of work and part-time workers are subject to mandatory state social insurance and, accordingly, a single social contribution is paid for these jobs.
According to the first part of Article 15 of Law No. 1105, assistance for temporary incapacity for work is provided to the insured person in the form of insurance payments, which fully or partially compensate for the loss of wages (income), in the event of the occurrence of one of the insured events specified by it. Thus, in case of temporary incapacity for work, the aid should be provided both as compensation for the loss of wages at the main place of work, and as compensation for the loss of wages at the place of part-time work.
Part one of Article 25 of Law No. 1105 stipulates that when calculating the average salary (income) for the provision of benefits for temporary disability, pregnancy and childbirth, all types of salary (income) are taken into account within the limit of the monthly salary (income), which insurance premiums are charged. At the same time, it is not noted that only the salary for the main place of work is taken into account.
The Federation of Trade Unions of Ukraine appealed to the Ministry of Social Policy to eliminate this problem.In addition, the SPO of the Union of Trade Unions appealed to the Chairman of the Committee of the Verkhovna Rada of Ukraine on Social Policy and Protection of Veterans' Rights with a request to initiate changes to Article 22 of Law No. 1105 on ensuring the rights of insured persons to receive benefits for temporary disability and pregnancy and childbirth as per the main place of work, as well as part-time.
According to the Ministry of Social Policy, it is currently working on the issue of introducing the necessary legislative changes. At the same time, the Head of the Committee of the Verkhovna Rada of Ukraine on social policy and protection of veterans' rights H.M. Tretyakova did not support the proposal to initiate legislative changes, but the trade union proposals were sent to the Cabinet of Ministers of Ukraine for their processing.
