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UPEE statement on a bill amending the Labor Code

ABOUT: UPEE Statement to Deputy Prime Minister for Economic and Demographic Policy and Chairman of the National Council for Tripartite Cooperation and to the Chairman of the Committee on Labor, Social and Demographic Policy of the 44th National Assembly on the Bill on amendment of the Labor Code, № 054-01-5, submitted on 23.01.2020 by Alexander Sidi and a group of MPs.



The UPEE has repeatedly stated its principled position that the current Labor Code (LC) has regulated a well – developed system of leave for workers and employees, and mechanisms for bargaining in collective labor have been established contract or under the individual employment relationship in the amount of leave, more favorable than the minimum provided in the LC.

The UPEE is Solidarity with the state’s efforts to curb smoking, including strict compliance with the restrictions imposed by the Health Act. In this regard, it should be noted that compliance with these restrictions is recognized as a serious commitment by employers who exercise strict control over their observance of their jobs enterprises.

As for what is stated in the reasons to the said bill, the practice of working smokers to do so occupation outside the work premises and outside the regulated rest time, we will note that in addition to the stated commitment of employers to compliance the restrictive regimes provided for in the Health Act should be respected and the interest of the employer to create such an organization of work that optimally stimulates labor productivity and take into account the maximum the efficiency of the work done. That is why, in our opinion, it does not follow the employer to be imposed by law a solution to the problem of smoking in working hours that do not take into account the individual characteristics of the organization labor and working time in a particular enterprise, nor the general and the individual productivity in it.

The UPEE has repeatedly expressed its position that modern regulations on the issues of employment, reporting and remuneration must be linked primarily to indicators such as productivity and efficiency of the minimum regulatory regulation in the Code of Labor work on issues related to the implementation of others who do not have case law on labor law policies.

According to Art. 139, para. 1 of the LC the distribution of working time is established in the internal regulations labor order of the enterprise, and according to art. 4a of the Ordinance on working hours, the breaks and vacations in the regulations for the internal labor order of the enterprise are determine all issues related to the distribution of working time, the order for the accounting of working hours and the organization of work in the enterprise. The created normative mechanisms for regulating the issues of distribution and working time accounting are flexible enough to allow the employer to regulate the processes indicated in the reasons of the bill in a way that labor productivity is not affected and achieved satisfaction of all employees in the company – as both smokers and non-smokers.

In fact, whether in reality working smokers will provide themselves with unregulated extra time for rest and this will put non-smoking workers at a disadvantage situation depends on the organization of work in the enterprise and on the established distribution of working hours and the procedure for its reporting. It is impossible not to reported that the Labor Code in Art. 187, para. 1, item 1 has been classified as violation of labor discipline non-consolidation of working hours. Separately of this, in the conditions of a dynamic labor market and increased demand for skilled labor, no employer would have an interest in creating organization of work and distribution of working time that they would put its employees – whether smokers or non-smokers, at a disadvantage to each other, which could lead to an outflow of workers, and hence to difficulties in the operation of the enterprise.

It should be borne in mind that the Code of labor allows the employer to negotiate larger amounts of basic pay annual leave and the additional paid leave for employees its – both at the enterprise level in the collective labor agreement and at the individual level labor relations. This enables the employer to take into account the distribution and procedure for reporting the working hours established by him and at compliance with the efficiency of the work performed by all employees, to arrange appropriate incentives for those employees who may would be at a disadvantage compared to others, including more attitude of working non-smokers. In view of all the above, the Union for Business initiative does not support the Bill amending the Code of Labor, № 054-01-5, submitted on 23.01.2020 by Alexander Sidi and a group of people representatives