Publication date: 30.05.2024
Legal Regulation of Employee Protection in a Pandemic: Overview of Ukrainian Legislation
Introduction
The COVID-19 pandemic has presented governments and employers around the world with new challenges related to ensuring the safety and health of employees. Ukraine is no exception. To protect employees in the context of the pandemic, a number of laws and regulations have been adopted that govern occupational health and safety, social protection and labor relations.
Key Legislative Provisions
The Constitution of Ukraine
The Constitution of Ukraine guarantees the right of everyone to safe and healthy working conditions (Article 43) and the right to health protection (Article 49). These constitutional provisions are the basis for the development and implementation of specific legislation in the area of employee protection.
Labor Code of Ukraine (Labor Code)
The Labor Code is the main regulatory act governing labor relations in Ukraine. The following provisions are important in the context of the pandemic:
- Article 153: Establishes the employer's obligation to ensure safe and healthy working conditions.
- Article 179: Provision of leave to employees in need of childcare.
- Article 113: Regulation of remuneration during downtime through no fault of the employee, which is relevant in cases of quarantine.
The Law of Ukraine "On Labor Protection"
This law defines the rights and obligations of employers and employees in the field of labor protection. The pandemic conditions require special attention to such provisions:
- Article 13: Employer's obligation to implement measures to prevent accidents and occupational diseases in the workplace.
- Article 14: The rights of employees to safe working conditions, including the right to refuse to perform work in case of a threat to their life and health.
The Law of Ukraine "On Protection of the Population from Infectious Diseases"
This law defines the legal, organizational and financial framework for ensuring the sanitary and epidemiological well-being of the population. Important provisions include:
- Article 28: Obligation of enterprises and institutions to take measures to prevent infectious diseases.
- Article 29: The right of citizens to receive free information on the epidemic situation and necessary preventive measures.
Regulations and Recommendations
Resolutions of the Cabinet of Ministers of Ukraine
The Government of Ukraine has adopted a number of resolutions aimed at regulating the activities of businesses during the quarantine. For example, resolutions on the introduction of adaptive quarantine and regulation of the operating hours of enterprises.
Recommendations of the Ministry of Health
The Ministry of Health of Ukraine issues recommendations on the organization of anti-epidemic measures in the workplace, including:
- Maintaining social distance
- Use of personal protective equipment (masks, gloves)
- Ensure regular disinfection of premises
Social Protection of Employees
Temporary Disability and Leaves of Absence
Employees who fall ill with COVID-19 or are in self-isolation are entitled to sick leave and related payments. There is also leave to care for sick family members.
Support for small and medium-sized businesses
To support employees and employers, especially small and medium-sized businesses, the government has introduced a number of economic measures, such as compensation for part of the salary for forced downtime and tax benefits. You may be interested in the following articles: legal advice, legal advice, analysis of documents, legal analysis of the situation, written advice, verification of documents by a lawyer, lawyers documents, online legal advice, online lawyer, legal opinion, legal opinion of a lawyer, lawyer online.
Responsibility of Employers
Employers are responsible for complying with the established rules and regulations to protect employees during the pandemic. This includes:
- Administrative liability: Employers may be subject to administrative liability, including fines, for violations of sanitary and epidemiological standards.
- Criminal liability: In cases where violations have resulted in serious health consequences for employees, employers may be held criminally liable.
Conclusion.
Protecting employees in a pandemic is a complex task that requires coordinated efforts at the level of legislation, regulations and recommendations. Ukrainian legislation, including the Constitution, the Labor Code, the Law of Ukraine "On Occupational Safety and Health" and other regulations, provide the necessary legal framework for the protection of employees' rights. However, effective implementation of these regulations requires constant monitoring, adaptation to changing conditions and strict compliance by employers and employees.
In the context of the COVID-19 pandemic, it is important that all parties to labor relations act in accordance with the law and the recommendations of the Ministry of Health, thus ensuring safety and health in the workplace. This not only helps reduce health risks for employees, but also maintains the stability of economic activity in the country.
