Those who work in Ukraine have the right to leave on an equal footing with citizens of Ukraine.

Posted by on Jul 5, 2020 in blog | No Comments

Those who work in Ukraine have the right to leave on an equal footing with citizens of Ukraine.

According to the nature of the influence of the worker on the result of labor payment systems are divided into direct and indirect. The conditions providing for the expediency of the use of piecework pay, known to all, are:

the presence of quantitative indicators of production or work performed, accurately reflecting the labor costs of the worker; the availability of workers a real opportunity to increase production or volume of work against the established norm in the real technical and organizational conditions of production; the need to stimulate the growth of production (services), increase the volume of work or reduce the number of workers by intensifying the work of workers; the possibility and economic feasibility of developing labor standards and accounting for the production of workers; the absence of a negative impact of piecework on the level of product quality (work), the degree of compliance with technological regimes and safety requirements, the rational use of raw materials and energy.

The absence of such conditions determines the use of hourly wages.

In the conditions of transition to the market at some enterprises there can be a tendency to replacement of piece payment on hourly. The hourly rate, as well as the dispatcher, must be paid strictly for compliance with labor standards. In this case, the rationing of hourly workers should not be limited to the establishment of their number on the basis of service standards or standards of numbers. If such norms are observed, the indicators of the relevant unit, section, shop and so on may be low. Therefore, the work of hourly paid workers should be normalized and evaluated on the basis of some other indicators that take into account the results of their work.

Such indicators, first, should be normalized (production) tasks, which are determined for each hourly volume of work per shift, week or month. These indicators should be used for manual and machine-manual work, as well as in continuous and sometimes continuous hardware production, where the direct influence of workers on production.

Secondly, such indicators may be the planned norms or tasks for the production of the team (unit, station, shop). Such indicators are appropriate for workers servicing conveyor lines, machine systems, units, where the performance of each worker is not taken into account and the individual rate of production (standardized tasks) are not set.

Third, the labor standards for hourly workers can be accounted for https://123helpme.me/buy-compare-and-contrast-essay/ in the form of the degree of implementation of technological parameters and modes, the growth rates of raw materials and other production resources, schedules of certain types of work. Such indicators should be used in strictly regulated continuous production, as well as in many jobs performed by auxiliary workers.

The main legislative act is the Constitution of Ukraine, on which all legislation is based, including labor legislation. In Art. 43-46 of the Constitution of Ukraine states that everyone has the right to work, to rest, to social protection, to safe and healthy working conditions and to wages, and not below the established minimum. Interestingly, every citizen has the right to timely remuneration for their work and this right is protected by law. The state must create the conditions necessary for the citizen to fully exercise their rights.

The following laws, regulations, Resolutions of the Cabinet of Ministers of Ukraine, and instructions approved by the Cabinet of Ministers of Ukraine are used to regulate remuneration issues.

Law of Ukraine on Remuneration of Labor, which came into force on May 1, 1995.

This Law defines the economic, legal and organizational principles of remuneration of employees who are in employment on the basis of an employment contract with enterprises, institutions of all forms of ownership and management, and aims to ensure the reproductive and incentive function of wages.

This law defines “salary”, “basic salary”, “additional salary”.

The minimum wage is determined, the amount of wages for simple, unskilled work is legally established, below which no payment can be made for the employee’s monthly, hourly rate of work.

The minimum rates (salaries) of wages, as minimum guarantees in wages, are determined by general agreement. The source of funds for the remuneration of employees of enterprises is part of the income and other funds received as a result of their economic activities.

The activities of institutions and organizations financed from the budget are funds allocated from the respective budgets, as well as part of the income received as a result of economic activity and from other sources. Citizens’ associations pay for the work of employees from funds formed in accordance with their statutes.

Deductions from wages can be made only in cases provided by law.

For violation of the legislation on remuneration, guilty persons are subject to disciplinary, material, administrative and criminal liability in accordance with the law.

The control over observance of the legislation on payment of work at the enterprise is carried out:

The Ministry of Labor of Ukraine and its bodies; financial authorities; Bodies of the State Tax Inspectorate; trade unions and other bodies (organizations) representing the interests of employees.

When calculating the average salary are not taken into account:

a) payments for the performance of certain assignments (one-time) that are not part of the employee’s responsibilities (except for surcharges for combining professions and positions, expansion of service areas or additional work and performance of duties of temporarily absent employees, as well as the difference in salaries paid to employees who perform the duties of the temporarily absent head of the enterprise or its structural unit and are not full-time deputies); b) lump-sum payments (compensation for unused leave, financial assistance, assistance to retired employees, severance pay, etc.); c) compensation for business trips and transfers (per diems, travel expenses, rental costs, lifting, allowances paid instead of per diems); d) income (dividends, interest) accrued on shares of the labor collective and contributions of members of the labor collective to the property of the enterprise; e) awards for inventions and innovation proposals, for promoting the implementation of inventions and innovation proposals, for the introduction of new equipment and technology, for collection and disposal of scrap ferrous, non-ferrous and precious metals, collection and delivery for recovery of used car parts, car tires, introduction into operation of production facilities and construction facilities (except for these bonuses to employees of construction companies, which are paid as part of bonuses for business results); f) monetary and material rewards for prizes in competitions, reviews, competitions, etc .; g) pensions, state aid, social and compensation payments; g) literary fee to full-time employees of newspapers and magazines, paid under the copyright agreement; h) cost of free issued overalls, footwear and other personal protective equipment, soap, detergents and disinfectants, milk and medical and preventive nutrition; i) subsidies and lunches, train, the cost of paid by the company vouchers to sanatoriums and rest homes; i) payments related to anniversaries, birthdays, for long and impeccable work, active community service, etc.; j) the cost of utilities, housing, fuel provided free of charge to certain categories of employees and the amount of funds for their reimbursement; j) wages in part-time work (except for employees for whom its inclusion in the average earnings is provided by current legislation); j) the amount of compensation for damage caused to the employee by injury or other damage to health.

When calculating the average salary for the last two months, in addition to the above payments, also do not take into account payments for the period during which the average salary of the employee (during state and public duties, annual and additional leave. Business trips , etc.) and assistance in due to temporary disability.

If before the onset of temporary incapacity for work or in other cases where the accruals are made on the basis of the average wage. the employee had no earnings. calculations are made on the basis of the tariff rate, official (monthly) salary established by it in the employment contract.

Holidays and non-working days that fall during the holiday period are not included in the calculation of the duration of the holiday and are not paid to foreign citizens and stateless persons. Those who work in Ukraine have the right to leave on an equal footing with citizens of Ukraine.

The following types of vacations are established:

Annual leave:

basic leave; additional leave for work with harmful and difficult working conditions; additional leave for the special nature of work; other additional leave provided by law; additional study leave; creative leave;

Social leave:

maternity leave; leave to care for a child until he or she reaches the age of three; additional leave for employees who have children; unpaid leave.

Legislation, collective agreement, contract and employment contract may establish other types of leave.

Annual basic leave is granted to employees for at least 24 calendar days for the working year, which is counted from the date of conclusion of the employment contract.

Industrial and production personnel of the coal, shale, metallurgical, electric power industry, as well as employed in opencast mining, work on the surface of mines, cuts, quarries and mines, construction and installation work in mine construction, transportation and beneficiation of minerals annual basic leave lasting 24 calendar days is granted with an increase for every two years worked by two calendar days, but not more than 28 calendar days.