Self-isolation for arrivals, business trips abroad, self-isolation rules, sick leave, liability for violation
Over the past week, a number of acts have been adopted regulating issues arising in connection with COVID-19. In this connection, I made an overview of the most important points that you should know about.
The Decree of the Council of Ministers “On measures to prevent the importation and spread of infection caused by the COVID-19 coronavirus” No. 171 of March 25, 2020 obliged:
persons arriving in the Republic of Belarus from countries in which cases of COVID-19 infection are registered, to be in self-isolation at home for 14 calendar days from the date of arrival in the Republic of Belarus.
The list of countries in which cases of COVID-19 infection are recorded is available on the official website of the Ministry of Health of the Republic of Belarus (http://minzdrav.gov.by/ru/).
Decree of the Ministry of Health “On the rules of conduct in self-isolation and the form of the questionnaire for people who arrived from countries in which cases of COVID-19 infection are registered” No. 24 dated March 31, 2020 established the rules for such self-isolation:
not to leave the place of residence (stay), including visiting the place of work (study), shops, shopping centers, catering facilities, sports, exhibition and concert halls, cinemas, train stations and other places of mass stay of people, except in cases of emergency;
use the services of online stores to purchase goods, excluding direct contact with persons who delivered the goods;
carry out a number of hygiene measures (wash your hands thoroughly with soap for at least 20 seconds or use an antiseptic to treat your hands; use disposable handkerchiefs or napkins and then dispose of them in a closed garbage container or plastic bag, etc.);
in the event of a deterioration in health status (fever 37 or higher, cough, shortness of breath), seek emergency medical assistance by phone 103 or SMS, informing you of your stay in countries where cases of COVID-19 infection are recorded, and about being in self-isolation).
The resolution of the Council of Ministers “On official business trips abroad” of April 3, 2020 N 194 enshrined the following:
if it is impossible to return to the country an employee (serviceman, etc.) from a business trip, including one sent abroad to study (internship, seminar, conference and other events related to advanced training) from the country in which cases of COVID-19 are registered , the duration of a business trip is extended until the day they arrive in the Republic of Belarus inclusively. At the same time, employees retain their place of work (service) and position, as well as reimbursed expenses in accordance with the law for employees sent on business trips;
from the day of extending the business trip until the day of arrival in the Republic of Belarus inclusively, and also if it is impossible to carry out work while the seconded workers are staying after their return from the business trip in self-isolation, they retain a salary of at least two-thirds of their salary (tariff rate, etc.) .d.), unless otherwise specified by the local legal acts of the organization;
These rules apply to relationships that have arisen since March 12, 2020.
The Decree “On the interaction of government bodies and other organizations to ensure compliance with self-isolation measures” dated April 2, 2020 No. 27/73/4 distributed the responsibilities between the authorities as follows:
The Ministry of Internal Affairs daily forms from the automated border control system lists of people who entered the territory of the Republic of Belarus the previous day, supplements these lists with information about the place of residence and (or) the place of stay of citizens and sends this information to the Ministry of Health before 11:00.
The Ministry of Health every day until 12.00 provides information received to the main health departments of the oblast executive committees and the public health committee of the Minsk city executive committee, the Minsk city, city, district, zonal and district centers of hygiene and epidemiology.
Territorial centers of hygiene and epidemiology involving, if necessary, other state healthcare organizations and territorial internal affairs bodies within their competence visit persons who have arrived in the Republic of Belarus from countries in which cases of COVID-19 infection are registered at their place of residence and (or) place of residence in order to assess compliance with the requirement of being in self-isolation at home. The visit is carried out without entering the premises and direct contact with the arrivals, or persons living together with them by way of their oral questioning or in any other way. The information received is compiled and sent to the relevant local executive and administrative authorities.
In cases of the absence of an arriving person at the place of residence and (or) place of stay, the identification of another violation of the rules of conduct, the reasons for such violation are clarified, and within one business day the issue of the possibility of applying involuntary hospitalization is considered.
Decree of the Council of Ministers “On the introduction of restrictive measures” dated April 8, 2020 No. 208 supplemented the list of citizens of the Republic of Belarus, foreign citizens and stateless persons subject to self-isolation:
persons with COVID-19 infection;
persons related to contacts: first level with persons with COVID-19 infection – within 14 calendar days from the date of the last contact; the second level with persons with COVID-19 infection, in the presence of one or more respiratory symptoms – for the period of the presence of these symptoms.
A disability certificate for the period of stay in self-isolation is issued to these persons, a temporary disability allowance is paid. In case of violation by a citizen of the requirement of self-isolation, this benefit is reduced by 50 percent.
Citizens in self-isolation, in cases of emergency, can visit the nearest grocery stores or pharmacies, take household waste to the nearest collection point. When leaving the premises, it is imperative to use a mask and avoid contact with other persons.
Persons on self-isolation must notify the employer of the reason for absence from work, exclude the use of services involving contacts with other persons, except when such services are required to ensure life safety.
A form has been established for the requirement to comply with the rules of conduct in self-isolation, containing an indication of the possibility of bringing to “administrative (fine up to 50 basic units or administrative arrest) or criminal (up to imprisonment) liability”.
Thus, a person in respect of whom there is reason to believe that he is infected with COVID-19 can be hospitalized under the current legislation. If this person disobeys a lawful order or the requirement of an official of a state body participating in the process of placement for treatment, it is possible to bring to administrative responsibility under Art. 23.4 of the Code of Administrative Offenses: “Failure to comply with the lawful order or demand of an official of a state body (organization) while exercising his official powers by a person not subordinate to him in the service shall entail a fine of two to fifty basic units or administrative arrest.”
The article was prepared by the lawyer of the Law Office “Tarasyuk, Ihnatiuk and Partners” Travkina Natalya Romanovna