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Ministry of Justice of Ukraine

May 16, 2013

No. 756/23288

ORDER OF THE MINISTRY OF SOCIAL POLICY OF UKRAINE

of March 7, 2013 No. 103

About approval of the Procedure for assistance on partial unemployment

(as amended of the Order of the Ministry of social policy of Ukraine of 15.07.2014 No. 468)

According to article 47 of the Law of Ukraine "About employment of the population" PRIKAZYVAYU:

1. Approve the Procedure for assistance on partial unemployment which is applied.

2. Recognize invalid orders of the Ministry of Labour and Social Policy of Ukraine:

of September 2, 2009 No. 330 "About approval of Changes to the Procedure for financing of payments for partial unemployment and assistance on partial unemployment", registered in the Ministry of Justice of Ukraine on September 24, 2009 for No. 900/16916.

3. To provide to department of the labor market and employment (M. Lazernaya) provision of this order on state registration in the Ministry of Justice of Ukraine.

4. I reserve control over the implementation of this order.

5. This order becomes effective from the date of its official publication.

The deputy minister of social policy of Ukraine - the chief of staff

V. Kolomiyets

 

Approved by the Order of the Ministry of social policy of Ukraine of March 7, 2013, No. 103

Procedure for assistance on partial unemployment

І. General provisions

1.1. This Procedure determines the mechanism and conditions of provision to insured persons of the help with partial unemployment.

1.2. In this Procedure terms are used in such values:

the help with partial unemployment - fund of obligatory national social insurance of Ukraine on unemployment case (further - Fund) which is provided by territorial authorities of Public service of employment in areas, the cities, areas in the cities (further - territorial authorities) to the company for payment to insured persons (further - workers) in case of loss of part of the salary by them as a result of forced reducing stipulated by the legislation duration of working hours in connection with stop (reducing) of production without the termination of employment relationships;

the stop (reducing) of production - stop (reducing) of production at the company or in the shop, the site with the closed production cycle (structural division of the company in which all stages of engineering procedure on production of certain type of products within such division are performed) which have inevitable and temporality, lasts at least three months and does not exceed six months, does not depend on workers and the employer, covered at least 20 percent of number of employees of the company or the shop, the site in which reducing working hours constitutes 30 and more percent a month, and also the stop (reducing) of production and duration of working hours of workers which is forced as all feasible measures of its prevention are exhausted that is confirmed by agreed decision of the employer and elected body of the trade-union organization with which the collective agreement is signed by results of consultations between them; Inevitable and the temporality of stop (reducing) of production arises in connection with: financial or economic crisis, economic blockade, accident, the fire, mass riots, act of terrorism, war, natural disaster (earthquake, hurricane, flood, tornado, etc.), closing of sea passages that there are on the regular sea way between ports of shipment and unloadings; the prohibition of export (import), currency restrictions accepted by public authorities; prohibition public authorities to use materials, raw materials, accessories which were used in this production; other unpredictable and insuperable events which are taking place irrespective of will and desire of the company also lead to stop (reducing) of production and duration of working hours;

the commission concerning assistance on partial unemployment - the commission created by territorial authority for consideration of question concerning assistance on partial unemployment (further - the commission);

the organizational and production reasons - reshaping, technical retrofitting, change of the production technology, transition to other types of raw materials for the purpose of overcoming the reasons which led to stop (reducing) of production at the company are also not connected with the termination of employment relationships with workers;

partial unemployment - forced temporary reducing stipulated by the legislation duration of working hours in connection with stop (reducing) of production for the reasons of economic, technological and structural nature without the termination of employment relationships.

The term "insured persons" is used in the value given in the Law of Ukraine "About collection and accounting of single fee on obligatory national social insurance".

The term "company" is used in the value given in the Economic code of Ukraine.

1.3. Payment to workers of the help with partial unemployment is performed by the company in case of stop (reducing) of production.

1.4. The help with partial unemployment is provided to the companies irrespective of their pattern of ownership and subordination which activities are connected with production.

The help with partial unemployment is provided to the companies which do not have debt on the salary payment which arose to stop (reducing) of production; not having outstanding debt concerning payment of insurance premiums for obligatory national social insurance on unemployment case for the period till January 1, 2011 and (or) the debts on payment of single fee on obligatory national social insurance which arose to stop (reducing) of production; not having unpaid financial sanctions on not respect for the provisions of the law of Ukraine "About obligatory national social insurance on unemployment case" and (or) the Law of Ukraine "About employment of the population".

1.5. Workers who within 12 months preceding month in which reducing stipulated by the legislation duration of working hours began worked at least six calendar months, for whom the single fee on obligatory national social insurance is paid in the amount of have the right to the help with partial unemployment, it is at least minimum size of insurance premium and at which reducing duration of working hours constitutes 50 and more percent a month. Persons who were on vacation for child care before achievement of three-year age by it and on the date of the beginning of stop (reducing) of production got to work also have the right to the specified help.

1.6. The help with partial unemployment is not provided in case:

the stop (reducing) of production has seasonal nature or arises only for the organizational and production reasons;

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