Work Downtime: Where the Employee Should Be and What the Employer Can Require
Work downtime is a temporary suspension of work caused by the absence of necessary organizational or technical conditions to perform job duties, the effect of force majeure circumstances, or other reasons beyond the control of the employee or employer. It can occur due to technical malfunctions, lack of necessary resources, accidents, or other reasons that make it impossible to perform work.
The State Labor Service explained whether the employer has the right to determine the location of employees during downtime. They emphasize that such conditions can be stipulated by an order introducing the downtime.
In particular, the employer may require employees to remain at the workplace during the downtime period or, conversely, allow them to be absent. If the employee must stay at work, they must adhere to the established working hours, although job duties are not performed during this period.
If the order does not provide for mandatory presence at the workplace, employees may independently determine their location, including being either in Ukraine or abroad. At the same time, they must be able to promptly return to work after the downtime ends.
Previously, we wrote about whether an employee receives sick leave payments during downtime.
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