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Publication date: 15.05.2024
Lawyer, graduated from the National University "Odesa Law Academy" with honors. Since 2017, I have been specializing in legal and educational and general legal issues. I am the author of legal articles, scientific publications and articles in the educational environment. Mentor of the "Veritas" legal clinic. The owner of the legal blog "Educational_law_ua" on Instagram.
Ukrainian labor legislation regulates a wide range of relations between employers and employees, including working conditions, wages, labor relations and much more. The State Labor Inspectorate, more commonly known as Derzhpraty, plays a key role in ensuring that employers comply with labor legislation. One of its powers is the possibility of imposing fines on employers in cases of violation of labor legislation.
Legal Norms
The main legislative act regulating labor relations in Ukraine is the Labor Code. According to its provisions, the employer is obliged to ensure that the employees fulfill their labor duties within the established terms and in accordance with the conditions stipulated by the employment contract or legislation. The employer must also ensure safety and hygienic working conditions, as well as comply with the requirements for remuneration.
To determine when the State Labor Service can impose a fine on an employer, you should refer to the specific violations defined in the legislation. These include, but are not limited to:
Non-payment or violation of terms of wages: If the employer does not pay wages to his employees on time or does not comply with the terms of wages stipulated by law, this may result in the imposition of a fine by the State Labor Office.
Violation of occupational health and safety conditions: If the employer does not provide safe working conditions for its employees, does not fulfill the requirements to protect their health and safety, this may result in the imposition of a fine.Violation of rules during hiring: This may include violation of procedures when concluding an employment contract, lack of mandatory entries in the employee's work book, or non-fulfillment of other requirements for hiring employees.
Other violations of labor legislation: They may include the absence of mandatory health insurance for employees, non-compliance with requirements regarding working hours and rest, etc.
Order of Actions
In the event that the State Labor Service detects violations of labor legislation through social audits, inspections or employee appeals, it may initiate the procedure for imposing a fine on the employer. Before this, it is important to note that the employer has the right to defense and can use various forms of legal support, such as the advice of a lawyer or the advice of a lawyer.
The first step in such a situation may be an analysis of documents and a legal analysis of the situation by a lawyer or a lawyer's consultation. This will make it possible to understand all the circumstances of the violation and prepare a well-founded position to protect the interests of the employer. After that, a written consultation can be submitted with justification of the legal position and arguments regarding the absence of a violation of the law.
If the State Labor Service still decides to impose a fine, the employer has the right to appeal this decision in court. In this case, it is also important to keep in mind all the norms and requirements of the law, as well as to present all the necessary evidence and documents to successfully defend your rights.
Conclusion
The imposition of a fine on an employer by the State Labor Service is a serious measure aimed at ensuring compliance with labor legislation and protecting the rights of employees.At the same time, the employer has the right to consult an attorney or a lawyer, as well as a legal analysis of the situation and a lawyer's review of documents before making a decision on further actions. It is important to comply with all legal norms and protect your rights in case of conflict situations with State Labor.
