With the extension of quarantine quarantine measures, the question of whether workers will receive wages during the quarantine period, whether they should go on planned leave or take leave “at their own expense”, is becoming increasingly important.
Remote work is a recommendation
The State Labor Service has published recommendations for employers to organize work during the quarantine period. In particular, in accordance with their provisions, employers are asked to ensure the maximum use of remote work or flexible working hours, to promote the right of employees to receive, at their request, paid leave and unpaid leave, etc. You can read more at the link:
http://dsp.gov.ua/main-news/prava-pratsivnykiv-pid-chas-oholoshennia-karantynnykh-zakhodiv/.
The Law of Ukraine “On labor protection” stipulates that the employee must take care of personal safety and health, as well as the safety and health of others in the process of work. That is why most companies have temporarily suspended their operations or started working remotely. What are the rights of employees in such cases?
Should wages be paid if the employer says “go to home”?
The most important is the issue of wages. According to labor law, the quarantine period should be considered as simple, ie such a period of non-performance or incomplete performance of work, in the event of a situation that can not be carried out daily activities through no fault of the employee, but for example, as in our case, due to dangerous epidemiological situation. Yes, given the art. 113 of the Labor Code of Ukraine, the employee during the quarantine period has the right to receive a salary in the amount of average earnings. However, we remind you that although these provisions apply to all employees, their actual implementation and ensuring such implementation is possible only for those employees who are officially employed.
Do I need to take quarantine leave?
Is it worth taking quarantine leave? If your leave does not coincide with the quarantine period, but you consider it necessary to postpone it, then in accordance with labor law, by submitting an application to the employer and reaching an agreement with him, you have the right to receive it. Whether you need to take it you decide for yourself. If you have a need for leave due to the need to care for loved ones, the legislator provides for the possibility of unquestioning receipt, for the period of quarantine in the relevant area, leave without pay. In general, you can take leave only if you wish, no one has the right to force you to do it or do it for you.
If your rights are violated, ask their lawyers to restore them. Professional defenders will help with filing a lawsuit and gathering the necessary evidence to obtain appropriate compensation.