If new Labour code will take in the proposed revisions, employees will be removed from the work and to pay the wages in part or to pay compensation, said the Director of “Labor initiatives” Yelena Mikhalchenko. Remove can the Ukrainian, who “was in contact with infectious patients”, for example, during a flu epidemic. Or employees who should be vaccinated, but refused a medical checkup and vaccinations. Another option, if the time of the medical examination it turned out that the employee is unable to perform the work. The lawyer said: from a document, it is unclear who should pay for medical examinations and whether protected information about the health condition of the employee.
The employer may remove an employee if doing his work threatens the lives and health of children or cause damage to property, disrupts the normal operations of a legal entity. “To suspend someone from work can the employee who “disrupts the normal operations of legal entities”. It is a value judgment. Every employer has its own way to treat this situation. If an employee is late five minutes, you can say that broke the normal work of the enterprise”, – says Yelena Mikhalchenko.
The employer is obliged to suspend from work without pay of an employee who violates the requirements of labor protection, did not apply the established norms of personal or collective protection and/or past instruction (training, verification of knowledge) on the issues of occupational safety or fire safety.
“Of concern is the large number of grounds for dismissal, it leads to manipulation. According to article 92 can be fired for divulging confidential information. This can be information about internal rules. The company may any information to keep private,” says lawyer Yelena Mikhalchenko.
Read more about the innovations of the Labour code, can be read here.