Disciplinary responsibility issues in COVID-19 pandemic environment

Abstract

The article contains an analysis of the essence of labor discipline. The theoretical approaches to its understanding are considered. The article substantiates expediency to use in the concept of labor discipline definition purely legal categories. It is also emphasized on negative attributes and contradictions in the Labor Code of Ukraine and the Disciplinary Statute of the Armed Forces of Ukraine. The article proposes the author's definition of labor discipline. It is proposed to consider a service offense as the basis for disciplinary liability. At the same time the essence of disciplinary liability is characterized. The peculiarities of labor relations in the context of the COVID-19 pandemic include the following: a) legal gaps in the regulation of labor relations in the aspect of ensuring self-isolation of workers who had contact with COVID-19 confirmed patients; b) concealment by employees the facts of coronavirus disease (personal or family members); c) legal uncertainty regarding the evasion of workers in the presence of reliable information about the possibility of infection with COVID-19 from medical examination and testing; d) problems in understanding the legality of the refusal from vaccination of those employees, whose activity involves active social contacts. It has been found that deliberately placing others at risk of contracting COVID-19 while a person is on duty constitutes improper performance of their duties and may lead to disciplinary liability. Such a disciplinary offense carries signs of guilt and danger and constitutes a deliberate violation of established restrictions.