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Labor inspection visit. Effects

So, your company has been visited by the labor inspectorate, or in other words, the public labor service. Sanctions and their magnitude You know for what particular offenses they are imposed, too.
Only two questions remain unknown.
How are the results of a check drawn up when an inspector finds out of a misdemeanor in attracting workers to work? What are the acts of response in these cases are made by the labor inspector?
What should companies do with these acts of action and possible fines?
But first things first.

Acts of response in case of misconduct.
According to the results of the inspection, the labor inspector has the right to:
issue prescriptions demanding to eliminate violations of labor legislation from which you do not has the right to evade;
- to make proposals to the management of the company or the state body regarding disciplinary proceedings against officials who have committed misconduct;
- to apply fines in accordance with Art. 265 of the Labor Code (fines are financial sanctions and do not belong to any of the classical types of responsibility: disciplinary, administrative or criminal);
to bring to administrative responsibility those who have committed misconduct of labor legislation, in cases where this falls under the competence of the public workplace;
- draw up reports on administrative offenses concerning persons who have committed misdemeanors, with their subsequent referral to the court, in cases where the consideration of this category of cases falls within the competence of the court;
According to the inspector, the offense contains evidence of a crime, he has the right to transfer materials about the violation to law enforcement agencies to bring the perpetrators to criminal responsibility.

A few words about the acts of response in case of failure of the inspectors to fulfill their functions, namely:
- the company actively objects to the inspector’s inspection and admission;
- inspections have begun, but the inspector is subject to an “information hunger” and has no materials for passing a verdict;
- the company does not have a legal address;
- no documents are being kept that are mandatory due to direct instructions of the legislation.
In this case, the public servant draws up an act on the impossibility of carrying out an inspection, indicating one of the above reasons. This act is sent to higher authorities to decide on the possibility of an inspection.

Appealing the actions of the inspector.
The prescription is appealed in two ways:
to the supervisor of the public procurement department; < br /> - in court.
Complaints to a higher manager are filed within 10 days from the date of receipt of the prescription. It is subject to review within 30 days.
The complaint is made in Ukrainian, indicating the name, location of the complainant, accurate information about whose actions are being appealed. The complaint indicates all the circumstances that refute the fact of committing the offense and the admission of violations. The complaint should refer to the documents that are relevant to the case and are held by the official who made the decision, in addition, attachments to the complaint should be attached to the complaint confirming the circumstances to which the complainant refers as a basis for his claims, indicate these appendices in the text of the complaint.
It is necessary to prove in the complaint that either the absence of the fact of the violation or point to other circumstances that exclude liability for violation of labor legislation.
In the case of an appeal against a prescription, a complaint is filed directly to the supervisor of the labor court. In case of disagreement with the decision of the head or deputy head of the relevant territorial body of the Gostrud, this decision may be appealed against to the head or deputy head of the Gostrud.
However, the order may be appealed in court.
In this case, an administrative the claim is in accordance with the provisions of the KAFU in the local general court, acting as administrative.
A petition to appeal the decisions of the subjects of authority in cases of bringing to administrative responsibility may be filed within 10 days.
The requirements for the form and content of the administrative claim are determined by the provisions of the CACU.
The term for consideration by the local general court, acting as an administrative court, is 10 days from the moment of commencement of the proceedings.

It should be noted that both the injunction and any act of response of the public servant can be appealed both to the superior public servant and to the court, regardless of each other. That is, the use of one method of appeal does not deprive you of the opportunity to resort to the second.

The decree on bringing the court to administrative responsibility by administrative agencies is subject to appeal in the same 10-day period.
Complaint to the ruling on imposing administrative fine is submitted through Inspector Gostrud, who made the decision. Upon receipt of the complaint, the said inspector must, within three days, send it along with the case to a superior inspector authorized to examine such complaints.
The content of the complaint is essentially the same as the complaint against the prescription, with the amendment that it is submitted in accordance with the requirements of the Administrative Code of Ukraine.

Any the ruling of the guest room (both about imposing an administrative fine, and applying sanctions on the basis of article 265 of the Labor Code of Ukraine) can be appealed to the court by filing an administrative lawsuit. The order of appeal is the same as the order of appeal.

In this regard, I would like to note that a judicial appeal against acts of state labor court seems appropriate. The advantages of a judicial appeal procedure are obvious: first, an act of an official can be appealed to a court always, while an appeal to a higher official is possible in cases expressly specified in the law. Secondly, often the regulatory act provides only the possibility of appealing the act to a higher manager, but the mechanism for handling complaints is not defined. Thirdly, in the act being appealed, the position of one official is set forth, which the superior official (head) may well adhere to when considering a complaint.

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