​Amendments to the regulation of labour relations during the quarantine


On March 30, 2020 amendments to the regulation of labour relations have been made. These amendments are aimed to optimize the use of hired labour under the conditions where employers are forced to limit their business activities because of the threat of the COVID-19 virus spread.

The approach to the legal definition of an employment agreement has been changed. From now on, working under an employment agreement does not necessarily imply that an employee is subject to the internal employment regulations of the employer. The new approach has expanded the use of so-called alternative (non-traditional) forms of work, such as working from home, or using flexible working hours.

The working from home (remotely) agreement, according to the amendments made, must be concluded in writing. Use of flexible working hours has been expanded. In the face of spread of epidemic, pandemics, etc., remote work (work from home) or flexible working hours may be set unilaterally by the employer without the employee’s consent.

However, the transfer of a worker to working remotely (from home) or the introduction of flexible working hours does not entail restrictions on the employee’s labour rights or changes in pay. Salary provisions may be modified if agreed between the employee and the employer.

For the period of implementation of measures to prevent the spread of COVID-19, temporary amendments were introduced to the regulation of the use of foreign nationals work in Ukraine. The Cabinet of Ministers has the right to suspend the issuance of work permits for foreigners in Ukraine.

Also among other adopted changes, the Law foresees increase of annual limits for individual entrepreneurs, under which they will be able to maintain reduced tax rates. Namely, for the third group of simplified taxation system allowable income increased from 5 to 7 million UAH per year.