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Labor inspection visit. Violations and penalties 2019

Being engaged in this or that business, you do not always have the opportunity to perform all necessary actions independently. The question arises about the need to hire labor. By attracting workers to your business, you enter into labor relations with them, which are regulated by the Labor Code and other regulations in the field of labor law.
But the correctness of your building relationships with the staff, under the prism of labor legislation, is the subject of verification of labor inspection.
You will say that there is a tax audit case: once a fine is imposed and the business can be closed.
But we will object that the labor inspectorate is not so harmless and “low tariff” in terms of the size of fines , inspecting authority.
Now we’ll work it out together.

What can be checked.
Coming to the employer, among other things, the inspector checks the correctness of the application of the legislation on:

  • • labor;
  • • engaging potential workers, including the disabled,
  • • social benefits (assistance, compensation, the provision of other types of material protection);
  • • advertising (in terms of posting information about vacancies);
  • • Dosimetric monitoring of workplaces of personnel units and their exposure doses.

In particular, labor inspectors will be interested in the following questions:

  • • delays in remuneration for labor, other payments, indexations;
  • • setting the value of remuneration for work below the minimum;
  • • compliance with the rules for formalizing relations with the personnel unit;
  • • legality / illegality of transfers and movements of personnel units;
  • • timeliness of issuance to the personnel unit of the workbook;
  • • timeliness of solving all material issues when parting with a personnel unit;
  • • correctness of making records in workbooks;
  • • signing a contract with a team of workers;
  • • observance of labor time and rest time, etc.

What is a violation. Responsibility.
By types of liability violations can be divided into two main groups:

  • • Misdemeanors for which a benefactor who attracts workers to work is subject to financial sanctions under Article 265 of the Labor Code of Ukraine.
  • • Misdemeanors for which an administrative penalty is imposed on him on the basis of the norms of the Administrative Code of Ukraine.

Financial sanctions.
It should be noted right away that the base for calculating sanctions is the minimum wage (hereinafter - M), which from January 1, 2019 is 4 173 UAH. per month.
So, what are the financial sanctions for 2019?


Sanction

Essence of misconduct

30 M ( 125 190 UAH .) for each misdemeanor for each affected personnel unit

- use of labor by a personnel unit without taking into account the legal requirements for the procedure for attracting it to labor
- engaging a labor unit in a reduced working time mode along with its actual labor in a full day (week) mode
payment of remuneration for labor without taking into account all necessary payments to the budget

100 M ( 417 300 UAH .)

- disagreement with the start of the inspection of the labor inspector on these issues
- obstruction during its implementation

3 M ( 12 519 UAH .)

- disagreement with the start of the inspection of the labor inspector on compliance with labor legislation in general,
- obstruction during its implementation

3 M ( 12 519 UAH .)

- the delay in the issuance of remuneration for labor, other payments in favor of the personnel unit, more than one month, or not fully paid

10 M ( 41 730 UAH .) for each affected personnel unit

defiance of the minimum guarantees in the law regarding remuneration for work

10 M ( 41 730 UAH .) for each affected personnel unit

Violation of the guarantees and benefits set forth in the law to workers who are involved in the performance of military duties provided for by the relevant laws

1 M ( 4 173 UAH .)

any other violations of labor laws, except those listed above

Administrative penalties

In this part, it is necessary to divide the entire amount of penalties into two groups, depending on the authority of the state labor department:

  • misdemeanors, in which the public labor independently makes decisions about the imposition of a penalty;
  • misdemeanors, on which the state labor agency has the right to draw up reports, with subsequent transfer to the court for a decision on the imposition of an administrative penalty.

We also make a reservation that the basis for calculating sanctions is the size of the non-taxable minimum income of citizens (hereinafter - nm).

Misdeeds, according to which guest service itself attracts to administrative responsibility


Fine

Essence of misconduct

20 to 50 nm ( 340 - 850 UAH .)

violation of the procedure for notification of an accident at work

- for workers from 4 to 10 nm ( 68 - 170 UAH .);
- for managers from 20 to 40 nm ( 340 - 680 UAH .)

violation of the requirements of the legislation on the safe conduct of work in industries and on objects controlled by the State Labor Company

on executives from 50 to 100 nm ( 850 - 1 700 UAH .)

- failure to comply with the legal requirements of officials to eliminate violations of labor and social insurance laws or
- creating obstacles for their activities

Violations, according to which the workplace makes protocols, with subsequent transfer to court


Fine

Essence of misconduct

fine from 30 to 100 nm ( 510 - 1 700 UAH .)

- late payment of remuneration for work, or its payment is not fully,
- late delivery of work for workers, including those who were previously dismissed, at their request, documents on their work, for assigning a pension (about work experience, salary, etc. e.), or
- the provision of these documents containing inaccurate data,
- the untimely certification of the workplaces of personnel units,
- other violations of labor legislation requirements.

fine from 100 to 300 nm ( 170 - 5 100 UAH .)

- this is a violation committed repeatedly, or
against a minor, a pregnant woman, a single father, a mother or a person who replaces them and brings up a child under the age of 14 or a disabled child

fine from 500 to 1,000 nm ( 8 500 - 17 000 UAH .)

- Actual admission to work without proper formalization of relations with the personnel unit,
- Admission to work of a foreigner or stateless person and persons, without permission to use their labor

fine from 1 000 to 2 000 nm ( 17 000 - 34 000 UAH .)

The same violation is repeated

fine from 50 to 100 nm ( 850-1700 UAH .)

- violation of statutory guarantees and benefits to workers who are involved in the performance of military duties,

A fine of 3 to 10 nm ( 51 - 170 UAH .)

- evasion of participation in negotiations to conclude an agreement with the collective of workers,
- deliberate violation of the deadline for the start of these negotiations or
failure to ensure the work of the relevant commissions from representatives of the parties to the deadlines determined by the parties

fine from 50 to 100 nm ( 850 - 1 700 UAH .)

violation or failure to fulfill obligations under an agreement with the collective of workers

fine from 1 to 5 nm ( 17 - 85 UAH .)

failure to provide information necessary for negotiating with the team of workers

fine on executives from 5 to 8 nm ( 85 - 136 UAH .)

Failure to comply with the order of the relevant authority to attract the worker to work

fine from 10 to 20 nm ( 170 - 340 UAH .)

- failure to comply with the standard for workplaces for disabled workers,
- failure to submit a report on the employment of disabled people to the Social Protection Fund for the Disabled

You are confused about the fines that a labor inspector can apply?
Don't you understand how the inspection will take place, and what documents will be issued upon its completion?
You do not know how to appeal against the labor inspection ?
Doubt your abilities and independent ability to resist the inspection bodies?

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