Forced unpaid quarantine leave: is it legitimate?

On March 11, the Cabinet introduced a quarantine on the territory of Ukraine for the period from March 12, 2020 to April 3, 2020. The relevant decree No. 211 establishes a ban on the employment of business entities during this period, which provides for the reception of visitors, including catering establishments, shopping and entertainment centers, other entertainment establishments, fitness centers, cultural establishments, commercial and household services of the population, except retail trade in food, fuel, hygiene products, medicines and medical supplies, communications, banking and insurance activities and trade and catering activities with targeted delivery of orders, provided personal protective equipment is provided.

The same resolution recommended that central and local executive authorities, other state bodies, local self-governments, enterprises, institutions and organizations provide for the organization of shift work of employees, and, in the case of available technical conditions, work in real time via the Internet. At the same time, please note that the leave without saving wages in the resolution is not mentioned.

At the same time, subparagraph 1 of paragraph 2 of section II of the Law of Ukraine “On amendments to some legislative acts of Ukraine aimed at preventing the emergence and spread of coronavirus disease (COVID-19)” specifies that during the quarantine period or restrictive measures related to the spread the coronavirus, the employer may instruct the employee to perform the work specified in the employment contract at home for a certain period of time, as well as give him / her leave with his / her consent.

However, it should be understood that in the absence of the technical ability of the employee to continue working, there is an easy job. Part 1 of Art. 34 of the Labor Code of Ukraine, which is idle time, is a suspension of work caused by the absence of organizational or technical conditions necessary for the performance of the work, unavoidable force or other circumstances.

Downtime is not the fault of the employee, according to Part 1 of Art. 113 of the Labor Code of Ukraine, shall be paid at the rate of not less than two thirds of the tariff rate fixed to the employee of the category (salary).

So, without pay, a vacation is a right, not a duty of the employee, and is granted only at his request, regardless of the category of employee or company in which he works.

If, however, you are faced with actions of the employer, which are aimed at sending you on vacation without pay and you are not satisfied, then the algorithm is as follows:

- ask the employer to state their request in writing;
- address a letter to a senior manager, body, agency detailing the situation and requesting an assessment and taking action on the unlawful actions of your management;
- send a written statement to the State Labor Inspectorate about violations of your labor rights and request an employer check;
- contact the trade union committee;
- apply to law enforcement agencies with a statement of crime under Art. 172 of the Criminal Code of Ukraine (gross violation of labor law);
- apply to court. And here it can also be about collecting from the employer both the earnings for the time for which you were sent on vacation and moral compensation for the violated rights.

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