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Publication date: 30.04.2024
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Liability for violations of labor legislation for employers is an important element of legal regulation of labor and corporate relations in many countries, including Ukraine.
It is aimed at ensuring the rights and safety of employees, environmental protection, combating financial crimes and other offenses that may be committed by employers.
Liability for violation of labor legislation
1. Illegal dismissal of an employee from work for personal reasons or in connection with his notification as a whistleblower about the commission of a corruption or corruption-related offense by another person, other violations of the Law of Ukraine dated October 14, 2014 No. 1700-VII "On Prevention of Corruption" ", as well as another gross violation of labor legislation - Article 172 of the Criminal Code of Ukraine (hereinafter - Criminal Code).
They are punished by a fine from UAH 34,000 to UAH 51,000 or deprivation of the right to hold certain positions or engage in certain activities for up to 5 years, or corrective labor for up to 3 years, or corrective labor for up to 2 years.
The same actions, if they are 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 child with a disability, are punishable by a fine from UAH 51,000 to UAH 85,000 tax-free minimum incomes of citizens or deprivation of the right to hold certain positions or engage in certain activities for a period of up to five years, or correctional labor for a period of up to 2 years or arrest for a period of up to 6 months.
2.Gross violation of an employment agreement by an employee of an enterprise, institution, organization, regardless of the form of ownership, as well as by an individual citizen or a person authorized by them through deception or abuse of trust or coercion to perform work not stipulated by the agreement - Article 173 of the Criminal Code. reinstatement lawyer
Provides for punishment in the form of a fine of up to UAH 850 or deprivation of the right to hold certain positions or engage in certain activities for a period of up to 5 years, or arrest for a period of up to 6 months or restriction of freedom for a period of up to 2 years.
The same actions committed against a citizen with whom an agreement has been concluded regarding his work outside of Ukraine are punishable by a fine from UAH 850 to UAH 1,700 or by restriction of freedom for a period of up to 3 years.
3. Forcing to participate in a strike or preventing participation in a strike through violence or the threat of violence or through other illegal actions — Article 174 of the Criminal Code. Provides for punishment in the form of a fine of up to UAH 850 or community service for a period of 120 to 240 hours or arrest for a period of up to 6 months or restriction of freedom for a period of up to 3 years.
4. Unreasonable non-payment of wages, scholarships, pensions or other legally established payments to citizens for more than one month, committed intentionally by the head of an enterprise, institution or organization, regardless of the form of ownership, or by a citizen who is a subject of entrepreneurial activity - Article 175 of the Criminal Code.
Punishable by a fine from UAH 8,500 to UAH 17,000 or by correctional labor for a term of up to 2 years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to 3 years,
The same act, if it was committed as a result of improper use of funds intended for the payment of wages, scholarships, pensions and other payments established by law, is punishable by a fine from UAH 17,000 to UAH 25,500 or by imprisonment for a term of up to three years, or by imprisonment imprisonment for a term of up to five years, with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years.
Liability for tax evasion and other mandatory payments
• Evasion of payment of taxes, fees (mandatory payments) — Article 212 of the Criminal Code.
It is punishable by a fine from UAH 85,000 to UAH 425,000 with deprivation of the right to hold certain positions or engage in certain activities for a period of up to 3 years or without such, and with confiscation of property, depending on the sanction of the article.• Evasion of the payment of a single contribution to mandatory state social insurance and insurance contributions to mandatory state pension insurance — Article 212-1 of the Criminal Code.
Provides for punishment in the form of a fine from 17,000 to 425,000 UAH or deprivation of the right to hold certain positions or engage in certain activities for a period of up to 3 years, with confiscation of property, depending on the sanction of the article.
Responsibility in the field of production safety
Violation of the requirements of the legislation on labor protection (Article 271 of the Criminal Code) is punishable by a fine from 17,000 to 51,000 UAH or corrective labor for a term of up to 2 years or restriction of liberty for a term of 2 to 5 years or imprisonment for a term of up to 7 years, with imprisonment the right to hold certain positions or engage in certain activities for a period of up to 2 years or without such.
Responsibility in the field of official activity
Official negligence (Article 367 of the Criminal Code) is punishable by a fine from UAH 34,000 to 68,000 or corrective labor for a term of up to 2 years or restriction of freedom for a term of up to 3 years, with deprivation of the right to hold certain positions or engage in certain activities for a term of up to 3 years, or deprivation of liberty for a period of 2 to 5 years with deprivation of the right to hold certain positions or engage in certain activities for a period of up to 3 years (with or without a fine of UAH 4,250 to UAH 12,750).
The above list of norms of criminal legislation, according to which a business entity and its officials can be held criminally liable, is not exhaustive.
The main directions for which criminal liability of the employer is provided
In general, criminal liability for employers in Ukraine includes the following aspects:
1. Protection of workers' rights. Criminal liability for employers for violations of occupational safety and health regulations contributes to ensuring the safety and health of employees at workplaces. It makes employers responsible for meeting safety standards and provides a legal remedy to punish employers who violate labor and industrial relations laws.
2. Fight against discrimination. Criminal liability may apply to employers who discriminate in the workplace. This helps create equal opportunities for all employees, regardless of their race, gender, age, disability, etc.
3. Fight against financial crimes. Employers can also be criminally liable for financial crimes such as fraud, tax evasion and other financial offences. This is aimed at ensuring financial integrity in business.
4. Environmental responsibility. Employers may also be subject to criminal liability for violating environmental regulations.This is aimed at protecting nature and the environment. reinstatement lawyer
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5. Involvement in responsibility. Criminal liability for employers is designed to ensure that organizations and their managers do not avoid responsibility for offenses committed in the course of the company's activities.
6. Extension of liability to individuals. Criminal liability can extend not only to the enterprise as a whole, but also to specific officials in the company who were involved in offenses.
7. Necessity of professional consultation. It is important for employers to be aware of the laws and requirements regarding their activities and legal responsibilities. Consultation with a lawyer or an attorney can help to understand the legal aspects of their activities and prevent possible offenses, as well as follow the updates in the legislation and adapt their practice accordingly.
8. Compliance with the law and procedures. To avoid criminal liability, employers should comply with laws, including labor, tax, environmental and other laws, and take steps to prevent violations.
All these aspects help to maintain legality, justice and safety in the field of labor and business in Ukraine. Criminal liability for employers aims to protect the rights and interests of workers, citizens and the state, and it plays an important role in maintaining the rule of law in the economic and labor spheres.
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