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EBA Lviv – White Collar Defence Chamber: Liability of business: spring 2020

15/ 04/ 2020
  On April 15, 2020, at the White-Collar Defense Chamber, we figured out when and under which conditions top manegment is responsible for breaking-down quarantine rules. Oleg Kyryievskyi, a managing partner at First Chair Legal and Iryna Pavlenko, a lawyer at First Chair Legal underlines the followings: Criminal liability for dismissal during quarantine: The employer cannot dismiss a worker on the basis of quarantine. The dismissal must have a legal basis and be in accordance with the procedure laid down in the labor legislation of Ukraine. The employer could hold a criminal responsibility for illegal dismissal in the following cases: - the unlawful dismissal of an employee for personal reasons; - other serious violations of labor law. However, the concept of serious violation is estimated. In each case, the court determines whether there was a serious violation, such as forcing an employee to resign. There is no prohibition on dismissal of employees, including mass dismissals. Administrative liability for violation of quarantine  Purpose: violation of quarantine rules: Operation of institutions (PE’s) whose activities are prohibited during quarantine (restaurants, shopping centers, gyms, etc.); Transportation of employees to work in spheres, which are not defined in paragraph 9 of Part 2 of KMU Resolution №211 of 11.03.2020; Violation of rules for transportation of employees to work (non-approval of the transport map-route with the National Police); Admission to work of employees 60+ (except for work on critical infrastructure).  Fines: 17 000 – 34 000 UAH: individual / PE with no employees 34 000 – 170 000 UAH: PE with employees/legal entities Criminal liability for violation of quarantine  Purpose: similar violations to administrative liability. However, such violations should cause one of the following consequences: spread of Covid-19 a real threat of the spread of Covid-19 death of people other grave consequences. If employees with Covid-19 are identified at the enterprise, we recommend sending for 14-day observation this particular employee and other employees whith whom such a person has or may have a physical contact. Liability: fine - from 17,000 to 51,000 UAH arrest for up to 6 months restriction of freedom up to 3 years imprisonment for up to 8 years At the meeting, the draft of the Law on “Mask Show Stop 3” were also discussed. The aim of it is to limit the unreasonable seizure of PCs during the temporary access and searches.

On April 15, 2020, at the White-Collar Defense Chamber, we figured out “when and under which conditions” top manegment is responsible for breaking-down quarantine rules.

Oleg Kyryievskyi, a managing partner at First Chair Legal and Iryna Pavlenko, a lawyer at First Chair Legal underlines the followings:

Criminal liability for dismissal during quarantine:

  • The employer cannot dismiss a worker on the basis of quarantine. The dismissal must have a legal basis and be in accordance with the procedure laid down in the labor legislation of Ukraine.
  • The employer could hold a criminal responsibility for illegal dismissal in the following cases:

– the unlawful dismissal of an employee for personal reasons;

– other serious violations of labor law. However, the concept of “serious violation” is estimated. In each case, the court determines whether there was a serious violation, such as forcing an employee to resign.

  • There is no prohibition on dismissal of employees, including “mass dismissals”.

Administrative liability for violation of quarantine 

Purpose: violation of quarantine rules:

  • Operation of institutions (PE’s) whose activities are prohibited during quarantine (restaurants, shopping centers, gyms, etc.);
  • Transportation of employees to work in spheres, which are not defined in paragraph 9 of Part 2 of KMU Resolution №211 of 11.03.2020;
  • Violation of rules for transportation of employees to work (non-approval of the transport map-route with the National Police);
  • Admission to work of employees 60+ (except for work on critical infrastructure). 

Fines:

  • 17 000 – 34 000 UAH: individual / PE with no employees
  • 34 000 – 170 000 UAH: PE with employees/legal entities

Criminal liability for violation of quarantine 

Purpose: similar violations to administrative liability. However, such violations should cause one of the following consequences:

  • spread of Covid-19
  • a real threat of the spread of Covid-19
  • death of people
  • other grave consequences.

If employees with Covid-19 are identified at the enterprise, we recommend sending for 14-day observation this particular employee and other employees whith whom such a person has or may have a physical contact.

Liability:

  • fine – from 17,000 to 51,000 UAH
  • arrest for up to 6 months
  • restriction of freedom up to 3 years
  • imprisonment for up to 8 years

At the meeting, the draft of the Law on “Mask Show Stop 3” were also discussed. The aim of it is to limit the unreasonable seizure of PCs during the temporary access and searches.

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