In view of the expiration of the quarantine period on June 30, 2023, stipulated by the Resolution of the Cabinet of Ministers of Ukraine No. 1236 dated 09.12.2020, labor relations will undergo certain changes:
1. Regarding scheduled inspections
Back in 2020, the quarantine became the basis for limiting the conduct of routine inspections by the State Labor Service (in accordance with the Law of Ukraine No. 533-IX dated 03.17.2020). Due to the moratorium, only unscheduled inspections were carried out in the form of sending advisory messages to employers.
Currently, restrictions on planned control measures are already in effect due to martial law (in accordance with CMU Resolution No. 303 dated 03.13.2022).
That is, conducting routine inspections by the State Labor Service will be possible only in the case of termination of the validity period and/or cancellation of martial law on the territory of Ukraine.
2. Regarding remote work
In view of the introduction of quarantine in 2020, a significant part of employers chose the transition to remote work, which, in most cases, continues even today.
Accordingly, the quarantine, namely the "threat of the spread of the pandemic", became the basis for the documentary justification of the introduction of remote work. Accordingly, the period for which this form of work was introduced usually corresponded to the period of validity of the quarantine.
With this in mind, we recommend making changes to the orders on the introduction of remote work, or approving new editions.
In the updated version, we recommend referring to the martial law and the threat of armed aggression, as provided for in Art. 60-2 of the Labor Code of Ukraine.
3. Regarding leave without salary
For a long time, there was a rule regarding the absence of vacation periods without salary due to the introduction of quarantine (Part 4 of Article 84 of the Labor Code of Ukraine). Accordingly, after the termination of the quarantine, the period of validity of such employee leave will also end.
At the same time, martial law also allows the time limit (15 days) for leave without pay to be taken into account. We draw your attention to the fact that this is already provided for in Art. 12 of the Law of Ukraine No. 2136-IX dated 15.03.2022, i.e. the grounds for issuing leave are different.
Taking into account the above changes, we recommend requesting a new application from the employee and issuing a corresponding new order.
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