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Publication date: 20.08.2024
I am studying in the third year of the State University of Economics and Technology.I specialize in contractual, economic and corporate law, in particular, I provide consultations and write articles.
The State Labor Service of Ukraine
The State Labor Service of Ukraine (State Labor Service) monitors compliance with labor legislation in Ukraine. State Labor has an important role in ensuring the rights of employees and supervising the implementation of labor legislation by employers. Here are the main aspects of State Labor:
Functions of the State Service of Ukraine on Labor Issues
- Supervision and control: State Labor Service conducts scheduled and unscheduled inspections of enterprises, institutions, and organizations to check compliance with labor legislation, in particular, working conditions, payment of wages, and compliance with the labor rights of employees. State labor inspectors identify violations of labor legislation, draw up inspection reports and provide recommendations for their elimination.
- Consideration of complaints and statements: The State Labor Service considers employee complaints about violations of labor rights and legislation by employers. After reviewing the complaint, inspectors can take appropriate measures, such as issuing orders to eliminate violations, imposing fines, or taking the case to court.
- Consultations and information support: Derzhpraty provides consultations on labor legislation, helps clarify the rights and obligations of employees and employers. Publication of informational materials, explanations and recommendations on compliance with labor legislation.
Question
What are the scheduled inspections of the State Labor Service?
Answer
These inspections are carried out in accordance with the approved inspection plan for the year. Planned inspections are usually carried out on a regular basis and include checking compliance with labor laws, working conditions and ensuring workers' rights. As a rule, employers are warned in advance about planned inspections, but the exact order and timing of notification may vary.
Question
What are the features of unscheduled inspections?
Answer
Unscheduled inspections are conducted on the basis of specific circumstances or signals of violations of labor legislation. It can be information from employees, information from competitors, or data from other government agencies. Unscheduled inspections may be carried out without prior notice to the employer.
The most important aspects of the State Labor inspection:
Inspection visits conducted by the State Labor Service of Ukraine (State Labor Service) have specific rules and procedures that must be followed both to protect the rights of employees and to ensure the legality of employers' activities. Here are more details about these procedures and the labor inspector's rights:
- Rights and duties of a labor inspector: An inspection visit can be initiated on the basis of any information about possible violations of labor legislation, including undeclared work. This may be information from employees (including former employees), third parties, competitors, state bodies, local self-government bodies.
- Inspection visit procedure: The inspector has the right to carry out an inspection without prior notification of the visit. The inspector is obliged to present an official certificate and, upon request, a copy of the referral for the inspection visit. The inspector has the right of free access to any production, service and administrative premises.
- Actions of the Inspector: The inspector may check documents relating to employees and communicate with the manager and employees alone or in the presence of witnesses. The inspector has the right to take photos, video or audio recordings of the inspection process.
- Rules for the Employer: If the inspector refuses to show the service certificate or there are doubts about its validity, the employer has the right to check the certificate through the register on the State Labor website. If such a document is not in the register, this may be grounds for preventing the inspector from inspecting.
- Documents for inspection: The inspector has the right to request only those documents that directly relate to the subject of the inspection. Requests to provide documents that are not related to the inspection are an excess of the inspector's authority and are illegal.
General advice
Preparation for the inspection: Prepare all the necessary documents and check them for compliance with labor legislation. This will help avoid possible problems during the inspection.
Record Retention: Keep copies of all inspection-related documents and communications for future reference if necessary.
These procedures and rules help ensure the transparency and fairness of inspections, as well as protect the rights of both employees and employers.
Services of a lawyer during the verification:
The assistance of a lawyer during an inspection by the State Labor Service of Ukraine (State Labor Service) can significantly affect the outcome of the inspection and help avoid or minimize negative consequences. Here are the types of legal services that can help:
Lawyer consultation and legal analysis of the situation: Lawyers online will assess the potential risks and possible consequences of the audit, and also explain how to prepare for the audit. The lawyer will check the company's documents and internal policies for compliance with labor legislation and the requirements of the State Labor Office. Development of an action plan to prepare for the audit, including document review, staff training and workflow organization.
Lawyer services for representation during the inspection: A lawyer services online can be present during the inspection, which will help control the inspection process and ensure the correctness of the procedure. The lawyer protects the employer's rights, ensuring compliance with legal inspection procedures, including checking the inspectors' certificates and the availability of the necessary documents.
Legal services when communicating with inspectors: A lawyer help can assist in communicating with State Labor inspectors, ensuring that the inspectors' demands are legal and appropriate to the subject of the inspection. The lawyer explains the rights and obligations of the employer and helps in case of illegal demands or actions by inspectors.
State labor is an important tool for protecting the rights of workers and ensuring compliance with labor legislation, which helps create fair working conditions and protect the interests of workers. A lawyer advice can significantly reduce the risks associated with inspections by the State Labor Office and help effectively manage labor relations in the company.
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