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Business urges to allow irregular transportation of employees to workplaces

19/ 03/ 2020

This week, the European Business Association has already informed about the CMU resolution №215, which set to ban on all regular and irregular transportation of passengers by road in suburban, intercity, interurban (intraregional and interregional) traffic, except for cars, until April 3 (for the time of quarantine). More details on the link.

It is quite obvious that some companies have questions about the organization of transportation of employees during this period because during quarantine there are employees who cannot work remotely as their work is directly related to the production and supply of food, medical care, etc. Therefore, it is extremely important for enterprises to arrange timely transportation in order to provide citizens with the necessary products.

At the same time, not all companies have their transport, so they need to rent it to carry out irregular transportation of employees.

However, the CMU Resolution No. 215 of March 16, in fact, prohibits the irregular transportation of passengers by road in intercity, interurban (intraregional and interregional) traffic (except for cars). And according to the Law of Ukraine “On Road Transport”, irregular passenger transportation is the transportation of passengers by bus, ordered by a legal or physical person with the conclusion of a written contract for each service, which determines the route of travel, date, time and other terms of transportation, and form of payment for the service, or transportation at the company’s expense. In other words, this definition implies all the transportation carried out by the company unless it has its transport.

In this regard, companies have questions about the organization of transportation for their employees during this period. For example, only on the first day of the ban, on March 18, grocery store workers came late to their workplaces with a significant delay of several hours. In this context, the losses for one sales network amounted to about 3.6 million UAH per day (VAT included).

The factories also suffer from the situation, along with the product stores.

For understanding, in addition to other losses incurred by the employer for the organization of transportation to deliver employees to workplaces, for carrying out irregular transportation of workers, as of today, the Law of Ukraine “On protection of the population against infectious diseases” imposes a fine for citizens in the amount of 1 to 2 thousand non-taxable minimum incomes (from 17 thousand to 34 thousand UAH), for officials – in the amount of two to ten thousand non-taxable minimum incomes (from 34 thousand to 170 thousand UAH) for the violation of transportation restrictions outlined in the Law.

Given this situation, the European Business Association is still waiting for the prompt changes to Resolution No. 215 clarifying that irregular transportation with all permits to deliver employees is not a restriction, and allowing irregular transportation of workers to the workplaces during the time of quarantine. We call on the Cabinet of Ministers of Ukraine to pay attention to this situation.

The business community continues to keep abreast of the latest developments and keep you updated!

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