Instituto de Estudios Políticos y Derecho Público "Dr. Humberto J. La Roche"
de la Facultad de Ciencias Jurídicas y Políticas de la Universidad del Zulia
Maracaibo, Venezuela
Esta publicación cientíca en formato digital es continuidad de la revista impresa
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Vol.39 N° 71
2021
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Cues tio nes Po lí ti cas
La re vis ta Cues tio nes Po lí ti cas, es una pu bli ca ción aus pi cia da por el Ins ti tu to
de Es tu dios Po lí ti cos y De re cho Pú bli co “Dr. Hum ber to J. La Ro che” (IEPDP) de la Fa-
cul tad de Cien cias Ju rí di cas y Po lí ti cas de la Uni ver si dad del Zu lia.
En tre sus ob je ti vos fi gu ran: con tri buir con el pro gre so cien tí fi co de las Cien cias
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avan ces o re sul ta dos de in ves ti ga ción en las áreas de Cien cia Po lí ti ca y De re cho Pú bli-
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cul tad de Cien cias Ju rí di cas y Po lí ti cas. Ins ti tu to de Es tu dios Po lí ti cos y De re cho Pú bli co
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Vol. 39, Nº 71 (2021), 267-288
IEPDP-Facultad de Ciencias Jurídicas y Políticas - LUZ
Protection of the Rights of Persons
Who Have Lost Their Jobs Because of the
Spread of COVID-19
DOI: https://doi.org/10.46398/cuestpol.3971.13
Volodymyr Ya. Kyian *
Ruslan V. Kolosov **
Nataliia V. Bilianska ***
Hanna V. Churpita ****
Igor M. Dovban *****
Abstract
The aim of the study was to identify possible ways to protect
the rights of people who have lost their jobs due to the spread of
COVID-19, and thus to analyze the eectiveness of international
experience. The information in this article is obtained by three
methods: direct observation, comparison, and analysis of the
content of the documents. However, at the beginning of the pandemic, the
regulation of guarantees and social protection of the rights of dismissed
people was not enough. In the future, job seekers must learn the skills of
the most popular professions and specialties: in the eld of healthcare,
in the eld of digital technology and transportation. In turn, government
programs should promote the reconversion of the most vulnerable groups
in the labor market through free courses and online learning programs, and
assistance in the employment of people with disabilities. It is concluded that,
during the pandemic, most countries modied their labor regulations and
provided labor subsidies to preserve jobs. However, during recovery after
the pandemic, governments in all countries must change their approach.
Keywords: rights protection; dismissal of employees; spread of
COVID-19; labor law; international situation.
* Doctor of Law, Head of Department of Civil Law Disciplines, Dnipropetrovsk State University of
Internal Aairs. ORCID ID: https://orcid.org/0000-0002-8517-9876
** Candidate of Law, Associate Professor of the Department of Civil, Labor Law and Social Security Law,
faculty 3, Donetsk Law Inst Ute of the Ministry of Internal Aairs of Ukraine. ORCID ID: https://orcid.
org/0000-0002-3080-729X
*** Candidate of Law, Professor of Department of Civil Law Disciplines, National Academy of Internal
Aairs. ORCID ID: https://orcid.org/0000-0002-1650-5500
**** Doctor of Law, Professor of Department of Civil Law Disciplines, National Academy of Internal Aairs.
ORCID ID: https://orcid.org/0000-0003-3915-347X
***** Candidate of Law, Acting Chairman of the Board, PJSC "Kyiv - Dnipro intersectoral industrial railway
transportation company". ORCID ID: https://orcid.org/0000-0001-8590-2334
268 Volodymyr Ya. Kyian, Ruslan V. Kolosov, Nataliia V. Bilianska, Hanna V. Churpita y Igor M. Dovban
Protection of the Rights of Persons Who Have Lost Their Jobs Because of the Spread of COVID-19
Protección de los derechos de las personas que han
perdido su trabajo debido a la propagación del COVID-19
Resumen
El objetivo del estudio fue identicar posibles formas de proteger los
derechos de las personas que han perdido su empleo por la propagación
del COVID-19 y, por lo tanto, analizar la efectividad de la experiencia
internacional. La información de este artículo se obtiene mediante tres
métodos: observación directa, comparación y análisis del contenido de
los documentos. Sin embargo, al inicio de la pandemia, la regulación de
garantías y protección social de los derechos de las personas despedidas no
fue suciente. En el futuro, los solicitantes de empleo deben aprender las
habilidades de las profesiones y especialidades más populares: en el campo
de la atención médica, en el campo de la tecnología digital y el transporte. A
su vez, los programas gubernamentales deben promover la reconversión de
los grupos más vulnerables en el mercado laboral a través de cursos gratuitos
y programas de aprendizaje en línea, y ayudar en el empleo de personas
con discapacidad. Se concluye que, durante la pandemia, la mayoría de los
países modicaron sus regulaciones laborales y proporcionaron subsidios
laborales para preservar los empleos. Sin embargo, en el curso de la
recuperación después de la pandemia, los gobiernos de todos los países
deben cambiar su enfoque.
Palabras clave: protección de derechos; despido de empleados;
propagación del COVID-19; derecho laboral; situación
internacional.
Introduction
The crisis of the COVID-19 virus has led to massive job losses and
complicated the operation of the labour market around the world. According
to the National Statistics Service, the number of employed people aged 15 to
70 decreased by 4%, the number of applications to the employment service
increased by 33.1%, and the demand for jobs decreased by 28% one year after
the beginning of the coronavirus epidemic (Fund of Compulsory State Social
Insurance of Ukraine, 2021). Anti-epidemiological containment measures
have led to a signicant drop in employment worldwide. For example, these
gures were the following: in Mexico — 40%, in Korea and Japan — 8-9%
(OECD, 2020). In the United States, the number of applications to the
employment service 4 times (Fowler, 2020) exceeded the 1982 record in
one week of 2020, and the number of vacancy announcements decreased
by 30% (Shuai et al., 2021).
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Due to the pandemic, remote work “from home” using digital
technologies has become the norm for many countries and will continue
to be a requirement of employers. In general, the number of new vacancies
registered with public employment services has declined sharply, although
demand for certain occupations and industries has increased: agriculture
and food production, health care, logistics and IT services. By 2030,
the labour market is expected to reduce demand for retail, food and
manufacturing workers and increase demand for transport and health
workers. As a result, jobseekers need to learn the skills of in-demand
occupations and specialties that will have a higher salary level: in the eld
of health care, digital technology, and transportation.
Dismissed employees face numerous employment diculties: they have
psychological problems; low level of motivation; reduced working time of
the public employment service and other pandemic-related restrictions.
The lack of adequate social protection for employees dismissed through
COVID-19 has a negative impact on the labour market, people and society
(PRI, 2020). However, due to a coordinated international policy response,
the impact of coronavirus on employment has been signicantly reduced
(ILO, 2020c). Developed countries have taken large-scale measures
and additional steps to preserve jobs to be terminated: they facilitated
the mass transition to teleworking for persons whose physical presence
in the workplace is not mandatory (OECD iLibrary, 2020); introduced
wage subsidies for employers; introduced monthly subsidies to dismissed
employees; provided additional funds to enterprises that did not have
liquidity (Larue, 2020).
Combating the spread of COVID-19 at the company’s workplaces plays
an important anti-epidemiological role, as it protects not only workers but
also the society around them, as well as preserves the viability of doing
business (ILO, 2020d). This poses a need for additional jobs for doctors
and those who oppose the spread of infectious diseases, while for other
professions the spread of COVID-19 leads to a decreased need for workers,
even in the form of dismissal. The paradox of the legal protection of people
dismissed in connection with the spread of COVID-19 is that lawyers who
can protect them also lose their jobs.
In the real business world, the protection of the rights of individuals to
keep working while staying in safe workplaces should be a priority of public
policy and social activities, and not be resolved by workers alone after their
redundancy or dismissal. Despite the diculties in labour relations, the
majority of the working population remains in their jobs at the risk of losing
their jobs at any time.1.
270 Volodymyr Ya. Kyian, Ruslan V. Kolosov, Nataliia V. Bilianska, Hanna V. Churpita y Igor M. Dovban
Protection of the Rights of Persons Who Have Lost Their Jobs Because of the Spread of COVID-19
Expected results
The study will provide further development and improvement of ways
and means of protecting the rights of persons dismissed during COVID-19
taking into account the experience of other countries.
Topicality
By the end of 2020, 16 million people had lost their jobs due to the
pandemic. Low-skilled, low-paid and temporary workers were the rst to
be dismissed. Work is essential not only for their families, but also aects
the size of the pension (European Commission, 2021). At the same time,
self-employed and informal workers who have lost their jobs due to the
virus are less socially protected than those who work ocially because they
do not have access to sick leaves and other forms of social unemployment
benets (ILO, 2020b). According to the survey, 88% of Europeans believe
that in the context of a pandemic, the most pressing problem for citizens is
everyone’s access to the labour market (Data.europa.eu., 2020).
The pandemic crisis has accelerated the processes of digitalisation and
automation of production. Almost all jobs with close physical contact were
eliminated in a short time, and some will still experience a similar eect.
Work during the pandemic was supported by the rapid introduction of new
digital solutions: video conferencing and remote exchange of electronic
documents. By 2030, more than 100 million workers in eight countries
(China, France, Germany, India, Japan, Spain, the United Kingdom and
the United States, which together make up half of the world’s population)
are expected to change occupations. The problem of retraining and
the transition of workers to new professions is long-term. At the same
time, policymakers can play an important role in expanding the digital
infrastructure and supporting retraining, ensuring that lifelong learning
becomes a reality and distance work becomes the norm. The concept of
“workplace” should not have fundamental formal dierences between the
place of work in the oce or at home (McKinsey Global Institute, 2021).
It has been found that workers who are unable to do certain tasks at home
are more likely to lose their jobs in the future (Adams-Prassl et al., 2020).
Many countries have actively implemented unprecedented measures and
targeted programs to overcome the negative processes in the labour market
associated with the dismissal of employees. However, no changes have
been made to Ukraine’s labour law (Verkhovna Rada of Ukraine, 2021a)
to strengthen the legal protection of workers after their dismissal during
a pandemic (Free legal aid, 2020). As before, in case of violation of labour
rights regarding illegal dismissal and in case of ocial employment, people
should write complaints to the employer to the State Labour Department or
go to court (Legal 100, 2020).
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That is, apart from the ways and means of protecting workers from
coronavirus-related dismissal that existed prior to COVID-19, no other ways
and means has been introduced. With regard to the protection of dismissed
persons, the system of labour legislation and state social insurance in case of
unemployment was not “ready” to respond to the pandemic crisis, therefore
this issue is topical and needs comprehensive study.
Aim of the research
The aim of the study is to identify possible ways to protect the rights of
people who have lost their jobs due to the spread of COVID-19, analyse the
eectiveness of international experience and propose promising changes to
labour law in this matter.
The main research objectives included establishing measures have been
introduced in the labour market; what programs were adopted by the state
employment services; what short-term and long-term measures are planned
in the labour market in order to protect job seekers during quarantine.
1. Methods
The input data for this study were information obtained from scientic
papers and articles, generalizations of international human rights
organizations. In total, more than 70 ocial sources were used. At the
same time, the main empirical data were obtained using three methods:
direct observation, comparison, and analysis of the content of documents
governing the protection of the rights of persons dismissed during the
pandemic at the national level and in other countries.
The regulatory documents and programmes governing the procedure and
features of protection of the rights of persons dismissed during COVID-19
were reviewed in the course of direct observation. Typical programmes of
state employment services for overcoming unemployment were identied.
The signicance of specic programmes and active measures aimed at
protecting the rights of persons dismissed during COVID-19 is proved.
During the observation of modern scientic opinion, it was established
that there is a need for further development of legislative regulation of
telecommuting, as well as additional support for those dismissed during
the coronavirus pandemic.
It is established how the countries ensure the protection of the rights of
persons dismissed during quarantine through the method of comparison.
The public employment service is unable to respond to the changes in the
labour market without a sucient amount of reserve fund in a crisis. In
addition, it was found that at the national level, telecommuting is enshrined
only a year after the start of the pandemic.
272 Volodymyr Ya. Kyian, Ruslan V. Kolosov, Nataliia V. Bilianska, Hanna V. Churpita y Igor M. Dovban
Protection of the Rights of Persons Who Have Lost Their Jobs Because of the Spread of COVID-19
The information posted on social networks, scientic journals and on
news websites was studied in the course of the analysis of the content
of various documents. The programmes and ways chosen by the state
employment services in the labour market to reduce unemployment were
established.
2. Results
The right of citizens to social protection in case of unemployment is
provided by the Constitution of Ukraine and is guaranteed by the obligatory
state social insurance (Verkhovna Rada of Ukraine, 1996). The Law of
Ukraine “On Employment” provides that in case of unemployment everyone
has the right to social protection, in particular: to receive unemployment
benets in accordance with the social insurance programme, obtain
information and counselling services, training, advanced training for
employment at a proper position, receive special guarantees in connection
with changes in the organization of production and labor (Verkhovna Rada
of Ukraine, 1991).
The duration of unemployment benets is not reduced for persons
who resigned voluntarily during the quarantine period without good
reason or by agreement of the parties, but it does not exceed 270 calendar
days. It is recommended to apply directly to the employer or to the state
employment service for a job search (State Employment Center, n.d.).
In addition, Ukraine, as a signatory to the Employment Promotion and
Protection against Unemployment Convention, should follow the following
recommendations for the unemployed: take full account of them; increase
the amount and duration of unemployment benets; reduce the duration
for job search, including for part-time workers; provide them with medical
care (Verkhovna Rada of Ukraine, 2008). As a result of the pandemic,
employees and employers experienced gaps in labour legislation that needed
to be addressed immediately to curb the spread of the virus and maintain
a normal work schedule. National procedures or special bodies should be
established to plan, monitor and adjust job return plans (Lukianova and
Zaitseva, 2021).
However, the national labour legislation was nally amended in 2021
in response to the pandemic, but the bill itself was registered only in
early September 2020 (Verkhovna Rada of Ukraine, 2021b). From now
on, the Labour Code regulates the concepts of telecommuting and home-
based work in considerable detail, as well as the dierences between them
(Adams-Prassl et al., 2020).
When considering the basic skills listed in the current vacancy
announcements in the studied countries (Australia, Canada, New Zealand,
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CUESTIONES POLÍTICAS
Vol. 39 Nº 71 (2021): 267-288
the UK and the US), the increasing demand for workers with technical skills
in the medical sector such as “emergency and intensive care” or “rst aid
to patients” was found. Therefore, in the short term, it is important for the
government to support the development of skills that increase people’s
livelihoods by satisfying eorts in the labour markets. In the long run,
governments should support the low-skilled and imaginary worker through
eective government retraining and retraining programmes (OECD,
2021a).
The European Skills Agenda has identied a new and dynamic approach
to 2025 on skills policy for able-bodied people aged 16 to 74. European
countries, businesses, social partners and other stakeholders should
work to increase adult participation in learning and improve the level of
learning, especially digital and advanced skills. During 2021-2027, the
European Social Fund, with a budget of EUR 86 milliard, as well as EUR
4.6 milliard of the Erasmus+ programme, will remain an important source
of funding for national retraining programmes (European Commission,
2020a). Besides, the European Commission recommends to gradually
move away from emergency measures and consider the following strategic
(not short-term) policies in the labour market: incentives to support and
start a business; opportunities for advanced training and retraining;
strengthening support from youth employment services and workers most
aected by the pandemic. The Commission continues to support Member
States’ eorts to increase the availability of care services for children and
other dependents through investments from the European Social Fund+,
the European Regional Development Fund, the InvestEU Programme and
the European Agricultural Fund for Rural Development (Eurofound, 2021).
In Hong Kong, an analysis of the impact of telecommuting on business
success has shown that the government should consider the following in the
short term: introducing formal telecommuting guidance for employees and
employers; accounting for expected employees; determination of minimum
requirements for technology training for a virtual oce; and technical
means for telecommuting. In the long run, the government should focus
on: reviewing the opportunities of telecommuting to become the new
norm; revision of the current labour legislation and extension of labour
insurance policies to work from home; encouraging small and medium-
sized businesses by providing subsidies and other incentives; strengthening
the current distance business programme; promoting the practice of
employment, taking into account the fact of having a family (Vyas and
Butakhieo, 2021). The use of working time while working from home can
be more productive and benecial to people’s health (Hallman et al., 2021).
After the start of the pandemic, regulatory changes provided for
additional obligations of employers regarding the amount of severance
pay, dismissal and hiring. For example, Gabon provided for the payment of
274 Volodymyr Ya. Kyian, Ruslan V. Kolosov, Nataliia V. Bilianska, Hanna V. Churpita y Igor M. Dovban
Protection of the Rights of Persons Who Have Lost Their Jobs Because of the Spread of COVID-19
additional compensation to dismissed workers, which was not previously
provided for in the Labour Code (ILO, 2020a). In Suriname, the Ministry
of Labour recommended that the employment service worker hold joint
consultations between the parties and set up additional contacts of the
Labour Inspection Hotline, where dismissed workers can apply if their rights
are violated (Covid-19, 2020). In Azerbaijan, in order to prevent unjustied
dismissals or dismissals of private sector employees, the government has
provided daily monitoring through an electronic job protection system
(ILO, 2020a). In the Australian context, economic measures in the form of
nancial support for those aected by the pandemic have provided positive
health outcomes by reducing the number of people experiencing nancial
stress due to job loss (Griths et al., 2021).
Some countries also adapted their employment services during the
pandemic: they introduced new digital tools for online mediation in the
labour market in order to facilitate successful matches between workers
and employers; created new training and retraining programmes for
dismissed employees (Lukianova and Zaitseva, 2021). For example, the
Russian Federation has introduced a remote procedure for employment,
registration of unemployed citizens and the payment of compensation, as
well as increased unemployment benets (Verkhovna Rada of Ukraine,
2021b). Brazil, in turn, has introduced remote work with the transition
to a “home oce”, doubled the amount paid to men who are the head of
the family and created a digital platform to help and facilitate the hiring of
health workers in the ght against the pandemic (KPMG, 2020).
Lithuania and Germany have also expanded access to employment for
low-skilled older people, and the Republic of Korea has favoured employment
for young adults and increased the number of new employees in public
institutions (ShieldGeo, 2021). In Anguilla, with 23.5% of the population
suering from poverty, the government has oered free training courses
to more than 500 employers in the eld of tourism to overcome the crisis
(COVID-19: The Anguillian Response, 2020). Antigua and Barbuda paid
severance pay for retraining to citizens who once worked for the regional
airline (Oce of The Prime Minister Antigua and Barbuda, 2021). In the
UK, the government has introduced a scheme to provide nancial support
to companies to create jobs and train young people who have cash loans
(Gov.ua, 2020b). In Indonesia, a pre-employment program aimed at the
development and retraining of the unemployed has been introduced in the
budget: tuition fees; incentive payment for job search; incentive payment
for participation in social surveys (Bahar, 2020). In December 2020, the
Government of the Maldives allocated additional funds to the unemployed,
and in February 2021 announced a new programme to train young people
in tourism and construction (The President’s Oce Republic of Maldives,
2021). Zimbabwe has announced that it will involve the private sector in the
creation of training and retraining centres, labour-intensive public works
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CUESTIONES POLÍTICAS
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programmes, etc. as part of the 2021 National Development Plan (ITUC CSI
IGB, 2021). Sweden provided a partial nancial compensation of 60% of
the tuition fee (Myklebust, 2020).
In some countries, labour market support costs depend on the current
unemployment rate, making the employment system more responsive
to changing labour market needs. In Denmark, the Netherlands and
Switzerland, the size of the budget for labour market measures automatically
increases as unemployment increases. At the same time, some countries
still plan to increase the number of public employment service sta with
the increase in the number of unemployed, in particular: France, Great
Britain, Luxembourg and Turkey (OECD, 2021b). In addition, the Slovak
government has introduced the “First Aid” scheme to support self-employed
workers who have been forced to close down.
The measures implemented in the labour market were divided according
to the number of countries as follows (Table 1): about 50% of countries
implemented regulatory changes to labour regulations or provided wage
subsidies, about 25% of countries conducted training or the transition to
reduced working hours.
Table 1. Distribution of implemented measures in the labour
market (author’s own development)
Labour market measures Number of countries that have
implemented measures
Regulatory changes to the labour
regulations 125
Wage subsidies 120
Training activities (learning new skills) 76
Transition to reduced working hours 75
Only 16 countries have implemented a full set of four measures: Antigua
and Barbuda, Australia, Austria, Belgium, Brazil, Canada, Chile, France,
Greece, Honduras, Mauritius, the Netherlands, Norway, Serbia, the Slovak
Republic, and Uzbekistan; at least one of these measures was implemented
by about 80% of countries. Active measures in the labour market are aimed
at increasing the likelihood of employment in the short term and include:
training, employment promotion, sheltered and supported employment
and rehabilitation, direct job creation and promotion of start-up projects.
In addition, subsidised social security contributions (245 programmes),
unemployment benets (172 programmes) and paid sick leave (134
programmes) are widely used. Pension-related measures in some countries,
276 Volodymyr Ya. Kyian, Ruslan V. Kolosov, Nataliia V. Bilianska, Hanna V. Churpita y Igor M. Dovban
Protection of the Rights of Persons Who Have Lost Their Jobs Because of the Spread of COVID-19
such as Ecuador, allow for the early withdrawal of accumulated pensions
(World Bank, 2021).
However, due to the pandemic, most public employment services have
completely closed their oces to their clients (e.g., Germany, France,
Denmark, Croatia, Spain, Estonia, Lithuania, Greece, and Poland). To avoid
unnecessary visits to employment centres and vocational training centers,
channels and digital tools have been introduced to provide consultations.
A wide range of communication channels is used for remote counselling:
telephone, Skype (Estonia, Sweden, Denmark), electronic communication
programs, and to group meetings and webinars through audio and video
conferences (Netherlands, Portugal). In Slovenia, consulting services were
provided by regular website operators.
However, due to the pandemic, most public employment services have
completely closed their oces to their clients (for example, Germany,
France, Denmark, Croatia, Spain, Estonia, Lithuania, Greece and Poland).
The channels and digital tools have been introduced to provide consultations
in order to avoid unnecessary visits to employment centres and vocational
training centres. A wide range of communication channels is used for remote
counselling: telephone, Skype (Estonia, Sweden, Denmark), electronic
communication programmes, group meetings and webinars through audio
and video conferences (Netherlands, Portugal). In Slovenia, consulting
services were provided by on-duty website operators.
The services of a psychologist, medical tests and skills tests (to decide on
retraining measures) were not provided remotely. At the same time, there
were restrictions on the provision of consultations due to the fact that the
sta had not been previously trained (Austria, Slovakia, Croatia) (European
Commission, 2020c). Specialists from the Public Employment Service also
provided online correspondence services in electronic form (in Finland),
with digital access for people with hearing or vision problems through the
free mobile application RogerVoice (in France) (TE-palvelut, 2021).
Thus, many countries have comprehensively implemented their
programmes on the activities in the labour market mainly in two ways: the
activities of public employment services (Semaine Europeenne Pour, 2020)
and active measures in the labour market (OECD, 2021b; Eurofound,
2020a). The programmes implemented in the labour market will be
schematically presented in Figure 1.
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CUESTIONES POLÍTICAS
Vol. 39 Nº 71 (2021): 267-288
Figure 1. The programmes implemented in the labour market
(author’s own development)
At the same time, employment under a permanent contract has been
introduced in Portugal (Cabinet of Ministers of Ukraine, 2020). To help the
unemployed adjust to the labour market, the French Employment Service
provides access to free or paid employment courses in various professions
and specialties, as well as webinars (Estamos On, 2020). Besides, the Public
Employment Service in Germany has started providing information on
online learning opportunities, including free courses (Pole-Emploi, 2021).
The vast majority of public employment services have suspended the
introduction of incentives for employment. Only a minority of them
continue to launch specic programmes and implement new measures,
mainly for vulnerable groups. However, stimulating employment compared
to other measures in the labour market, such as training and retraining, has
longer-term prospects (KOFA, n.d.). Besides, the facts show that it is more
advantageous to retrain existing employees instead of dismissing them and
then nding new people (European Commission, 2020b).
Unemployment assistance programmes implemented by employment
services are presented in Table 2 (Unemployment assistance programmes).
Table 2. Unemployment assistance programmes (author’s own
development)
278 Volodymyr Ya. Kyian, Ruslan V. Kolosov, Nataliia V. Bilianska, Hanna V. Churpita y Igor M. Dovban
Protection of the Rights of Persons Who Have Lost Their Jobs Because of the Spread of COVID-19
Name of the
programme Countries where it
is introduced Peculiarities
Reducing the
duration of
processing
applications for
unemployment
benets
Spain, France, and
Finland
Norway and Finland have reduced
the time for receiving temporary
unemployment benets and
extended the period for paying
unemployment benets. In Norway,
the pay period for dismissal has been
reduced from 15 to 2 days. The state
bears the costs starting from day 3
(Sneader and Singhal, 2021).
Increasing
the amount of
unemployment
benets
Ireland and Norway
In Ireland, workers who lost their
jobs due to the Covid-19 crisis
received increased unemployment
benets in connection with the
pandemic of EUR 1,400 per month,
and those seeking — EUR 812 per
month. In Ukraine, unemployment
benets have been increased by UAH
350 for the period of quarantine
(Eurofound, 2020b).
Extension of
unemployment
benets for
several months,
despite the
availability of
vacancies
Germany, France,
Greece, Portugal,
Luxembourg, USA
In response to the pandemic, all U.S.
states provided 13 additional weeks
of unemployment benets from the
federal budget and several weeks
from state budgets (Ministry of
Economy of Ukraine, 2020).
Simplication
of the procedure
for applying for
unemployment
benets by means
of an online
programme or a
programme by
phone
France, Germany,
Spain, Italy, Spain,
Cyprus, Greece,
Estonia, the
Netherlands, Croatia,
Russia, Romania and
Ukraine (Center on
Budget and Policy
Priorities, 2021).
Aimed at reducing the administrative
burden. These programmes are valid
even without a signature, additional
documents can be scanned or sent by
mail if necessary.
In the period from March 20, 2020, to May 14, 2021, 3,333 social
protections were applied in 222 countries or territories. Most social
protection measures (55%) are provided in the form of social assistance,
in particular in the regions of Eastern Europe, Central Asia and high-
income countries. At the same time, in 186 countries social assistance
was provided in cash. About 17% of the world’s population has received
at least one Covid-19-related money transfer. Only a minority of countries
have the high exibility of nancial resources to respond to changes in the
labour market. For example, by the rst wave of COVID-19, in early 2020,
Israel and Switzerland had already prepared crisis management plans in
the labour market, which proved useful (Free legal aid, 2020). Croatia,
Finland and Slovenia believe that the adaptability and commitment of
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CUESTIONES POLÍTICAS
Vol. 39 Nº 71 (2021): 267-288
employment service sta, as well as the ability to redistribute tasks, have
been key to their success in tackling COVID-19 in 2020 (Gov.ua, 2020a). At
the same time, targeted activities for imaginary groups should be organised
at the company level rst aid available online or quick nancial assistance
for those who have partially or completely lost their way (OECD iLibrary,
2020).
3. Discussion
Countries with more exible rules have been able to review their
policies more quickly. About one third of the countries had very general
framework laws on employment before the crisis, so the introduction and
change of employment was practically implemented without the adoption
of additional emergency laws. For example, in the Czech Republic, Malta
and New Zealand, there was no need for the government or ministry to
bring regulations into line with the crisis conditions. In countries with less
exible labour regulations, adaptation has been carried out without the
involvement of parliament (Tušl et al., 2021). As a result of the pandemic,
the countries of the Anglo-Saxon legal family (USA, Great Britain) suered
the most in the labour market than the countries of the Romano-Germanic
legal family (Germany) (Adams-Prassl et al., 2020).
The results of monitoring the activities of the Government of Ukraine
after the pandemic indicate the need for further implementation of a
comprehensive approach to the legislative regulation of telework, as well as
additional support for those whose employment and welfare have suered
most from the crisis (Publications Oce of the EU, 2020).
Restrictions on the pandemic have forced automation of the workplaces
in many industries after dismissals, and therefore, many rms will not
return to the previous production process, even after the jobs are safe. At the
same time, women with medium and low wages will feel the greatest risk of
the negative impact of production automation (Filipchuk and Lomonosova,
2020).
Due to the pandemic, many industries in the market are unlikely to
fully recover for some time, and many companies will emerge from this
crisis in a negative nancial position. New policy decisions should promote
active labour market measures, including: investment in advanced skills
development; temporary employment and transition to related specialties;
increasing the volume of sta and qualications of employment services,
using the allocated funds.
To do this, it is necessary to develop and implement labour standards
suitable for future work. However, the labour world is constantly changing,
280 Volodymyr Ya. Kyian, Ruslan V. Kolosov, Nataliia V. Bilianska, Hanna V. Churpita y Igor M. Dovban
Protection of the Rights of Persons Who Have Lost Their Jobs Because of the Spread of COVID-19
especially due to digitization (European Commission, 2021). More than
80% of companies surveyed in 2018 have already used digital learning
tools, and approximately 70% of companies consider the use of digital
learning tools as an important tool to keep up with the times (Cherno and
Warman, 2021).
There is a direct link between the level of education, the results of practical
training and the chances of employment. Many European countries do not
provide training or retraining for those who have already received their
rst education. Women’s labour can gain popularity in the labour market
through education reforms and the introduction of childcare programmes.
Control and testing of the actual skills of the working population remains
low. The use of short-term schemes in work has already mitigated the
negative eects of the pandemic on the labour market (KOFA, 2020).
Due to the Covid-19 crisis, the implementation of training activities
seems dicult, as it is carried out only by digital means via the Internet.
The potential for work from home in developed economies is only 20-25
percent of workers who could work remotely ve days a week (ILO, 2020b).
Legal regulation of guarantees and social protection of the rights of
persons dismissed from work at the beginning of the pandemic was not
sucient. Depending on income levels, countries allocated wage subsidies
and labour regulations. Due to the prepared plans in case of crisis and rapid
response to the pandemic, the countries of the predominantly Romano-
Germanic legal family (Germany, Austria, Switzerland) suered less
losses in the labour market than the Anglo-Saxon family (USA, UK). The
advantage for the country is the provision of reserve funds in the budget in
proportion to the unemployment rate.
In order to protect the rights of those dismissed at the national level,
programmes to combat unemployment are being implemented rather
slowly. Such forms of work as telework and work at home are enshrined
in law only a year after the start of the pandemic, but the introduction of
a national digital system for receiving unemployment benets is positive.
Automation, digitisation and eciency in the processing of applications
for unemployment benets avoids physical contact of the unemployed with
the public employment service and speeds up the process of processing
applications.
Conclusion
During the pandemic, most countries amended their labour regulations
and provided labour subsidies to preserve jobs. However, in the course of
recovery after the COVID-19 pandemic, governments in all countries need
281
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to shift the focus from short-term immediate income and employment
support to the long-awaited return to work of large numbers of unemployed
by increasing labour demand. Although most European countries do not
promote retraining for those who already have an education. To achieve
this goal, governments and businesses need to: anticipate the current needs
of the labour market; promote redistribution between industries; promote
comprehensive development, training and retraining through free online
courses and programmes; provide material support to the most vulnerable
groups (women, youth, the elderly, unskilled workers).
In the short term, it is advisable to make changes to labour legislation:
the introduction of the procedure for ocial management of remote work
for employees and employers; determination of minimum requirements for
digital technology training programmes in the context of a virtual oce. In
the long run, the government should focus on: reviewing existing labour
legislation and ensuring the extension of remote work insurance policies
to work from home; promoting the practice of hiring women, taking into
account the availability of children and providing child care programmes
(accessibility of social babysitting). Besides, the government should
promote employment in safe remote working conditions for all those who
can switch to this form of work by providing for appropriate rules in a
standard employment contract.
The State Employment Service should develop a plan for crisis
management in the labour market to protect the rights of those who lost
their jobs due to the pandemic, which should include: increasing the sta of
highly qualied personnel; consulting and case management of job seekers;
providing nancial and intermediary assistance in nding a job from among
“hot” vacancies. Unemployment assistance programmes for the quarantine
period should provide for the extension of unemployment benets, despite
the availability of vacancies.
The active measures to help the unemployed should include: the use
of short-term work schemes; provision of funds for the development and
training on new skills in the budget; technological support of employment
for people with disabilities; provision of subsidies to employers to create
new jobs; active provision of nancial assistance and creation of incentives
to support the implementation of start-ups of newly established enterprises;
allocation of targeted subsidies to the unemployed.
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Esta revista fue editada en formato digital y publicada
en diciembre de 2021, por el Fondo Editorial Serbiluz,
Universidad del Zulia. Maracaibo-Venezuela
Vol.39 Nº 71
