In March 2022, I was charged 6,500 from eSupport, at that time I received a salary as if I was on layoff.
Payments have been resumed in full since April.
The director turned to me with a request to return the funds from eSupport.
Should I return this money?
Lorina Fedan
In accordance with the conditions for receiving Esupport, assistance was provided to insured persons who work under the terms of an employment contract (contract), a gig contract, another civil law contract, on other grounds provided for by law, and to natural persons — entrepreneurs, whose insured persons simultaneously meet the following characteristics :
are registered as payers of a single contribution to mandatory state social insurance in separate administrative-territorial units according to the list approved by the Cabinet of Ministers of Ukraine at the request of the State Emergency Service;
submitted tax returns for the IV quarter of 2021 or annual returns for 2021 in accordance with the procedure established by law;
are not budget institutions, mandatory state insurance funds.
That is, for example, teachers, lecturers, laboratory assistants who work in public educational institutions did not have the right to receive the mentioned funds.
Labor relations run parallel, this is labor law, it is not possible to withdraw previously received state aid from the worker due to a fine or reprimand. There may be a request to the employees, the employee can voluntarily return the funds, but if the employee of the budget institution who mistakenly received assistance refuses to return the funds, the state authorities have the opportunity to apply to the court, and then, according to the court's decision, the amount of the illegally provided assistance will be collected from him .