Scientific and Information Bulletin

Ivan-Frankivsk University named King Danylo Halytsky

Issue № 9(21)

DOI:10.33098/2078-6670.2020.9.21.52-58 Kosmii L. Features of labor relations in quarantine conditions

Kosmii L. Features of labor relations in quarantine conditions

Goal. The purpose of this work is to analyze the norms of the current labor legislation regarding the regulation of the relations between the employee and the employer in the introduction of any restrictions and anti-epidemic measures in the conditions of national quarantine and prevention in such conditions of violations of labor rights of employees. It is important that during the course of the COVID-19 coronary pandemic measures, they were not only effective but also violated human rights, including work. Method.The methodology includes a comprehensive analysis and generalization of available scientific and theoretical material, experience of foreign countries and formulation of relevant conclusions and recommendations. During the research the following methods of scientific knowledge were used: terminological, comparative, functional, system-structural, logical-normative. Results. During the research it was found that the Ukrainian legislature, including foreign experience, was able to respond promptly to the quarantine situation by adopting anti-crisis laws, which did not neglect labor legislation. This is understandable, because in connection with the announcement of quarantine in the whole territory of Ukraine, employers had to make personnel decisions, and the current legislative framework did not clearly regulate the issues that arose. Scientific novelty. The study found that the updating of labor legislation in the area of labor relations regulation during the national quarantine period allows the employer to use certain forms of labor organization, in which the basic labor rights and guarantees of employees can be preserved. Practical importance. The results of the study can be used in law-making and law enforcement activities, as well as by employers in regulating labor relations with employees during the quarantine period.

Key words: labor law, legal regulation of labor relations, employer, employee, quarantine, COVID-19 coronavirus infection, telework, idle time, quarantine leave.

References

1. On prevention of the spread of coronavirus COVID-19 on the territory of Ukraine: Resolution of the Cabinet of Ministers of Ukraine№ 211 (2020, March 11). Retrieved from:https://www.kmu.gov.ua/npas/pro-zapobigannya-poshim110320rennyu-na-teritoriyi-ukrayini-koronavirusu-covid-19  (accessed 19March 2020) (in Ukrainian)

2. On urgent measures to ensure restrictive and safety measures in the event of an outbreak of acute respiratory disease COVID-19 caused by coronavirus SARS-CoV-2: order of the Mayor of Ivano-Frankivsk№ 128-r (2020, March 16). Retrieved  from: http://www.namvk.if.ua/rozpmg/ (accessed 19March 2020) (in Ukrainian)

3. On Amendments to Certain Legislative Acts Aimed at Providing Additional Social and Economic Guarantees in Connection with the Spread of Coronavirus Disease (COVID-2019): Law of Ukraine № 540-IX (2020, March 30). Retrieved  from: https://zakon.rada.gov.ua/laws/show/540-20 (accessed 17April 2020) (in Ukrainian)

4. Labor Code of Ukraine № 322-VIII(1971,December 10). Retrieved from: https://zakon.rada.gov.ua/laws/show/322-08 (accessed 17April 2020) (in Ukrainian)

5. Hnuchkyi hrafik robochoho chasu ta dystantsiina robota: zminy v zakonodavstvi. Pon.org.ua. Retrieved  from:https://pon.org.ua/novyny/7763-gnuchkiy-grafk-robochogo-chasu-ta-distancyna-robota-zmni-v-zakonodavstv.html (accessed 17April 2020) (in Ukrainian)

6. About vacations: Law of Ukraine № 504/96–VR(1996,November 15). URL: https://zakon2.rada.gov.ua/laws/show/504/96-%D0%B2%D1%80 (data zvernennia: 17.04.2020).

7. My boss says I have to work from home because of coronavirus pandemic. Do I have to? Retrieved  from: https://www.sandiegouniontribune.com/business/story/2020-03-15/my-boss-says-i-have-to-work-from-home (accessed 17April 2020)

8. AUSTRALIAN VISA SUPPORT. Retrieved from: https://www.fairwork.gov.au/about-us/news-and-media-releases/website-news/coronavirus-and-australian-workplace-laws#stuck-overseas-quarantined (accessed 17April 2020)

9. Pratsivnyky, yaki pereishly na viddalenu robotu, staly pratsiuvaty na dvi-try hodyny dovshe. Khmarochos [[Workers who switched to telecommuting began to work two to three hours longer].Retrieved  from: https://hmarochos.kiev.ua/2020/03/24/pratsivnyky-yaki-perejshly-na-viddalenu-robotu-staly-pratsyuvaty-na-dvi-try-godyny-dovshe/ (accessed 17April 2020) (in Ukrainian)

Науково-інформаційний вісник

Івано-Франківського університету права імені Короля Данила Галицького