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Publication date: 17.05.2024
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SITUATION
2 persons appealed to the Eastern Interregional Department of the State Labor Service of Ukraine (hereinafter referred to as the Interregional Department) with a complaint against the employer of one of the enterprises in the city of Pokrovsk regarding the refusal of official employment.
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COMMENT
In accordance with Part 4 of Article 24 of the Labor Code of Ukraine (hereinafter referred to as the Labor Code), an employee may not be allowed to work without concluding an employment contract drawn up by order or decree of the employer, and notification of the central executive body on issues of ensuring the formation and implementation of state policy on administration of a single contribution to the mandatory state social insurance upon hiring an employee in accordance with the procedure established by the Cabinet of Ministers of Ukraine.Thus, the norm of the second paragraph of the second part of Article 265 of the Labor Code stipulates that legal entities and natural persons - entrepreneurs who use hired labor are liable in the form of a fine in the event of the actual admission of an employee to work without a labor contract (contract), registration of a part-time employee time or under an employment contract with non-fixed working hours in case of actual performance of work during the entire working hours established at the enterprise, and payment of wages (remuneration) without accrual and payment of a single contribution to mandatory state social insurance and taxes - in the amount of ten times the minimum wages established by law at the time of detection of the violation, for each employee against whom the violation was committed, and a warning is applied to legal entities and natural persons - entrepreneurs who use hired labor and are payers of the single tax of the first - third groups.
Committing such a violation repeatedly within two years from the date of detection of the violation shall be punished by a fine in the amount of thirty times the minimum wage established by law at the time of detection of the violation for each employee in respect of whom the violation was committed.
Legal labor relations guarantee significant benefits to those directly employed.During an unregistered employment relationship, the employee is deprived of any guarantees for safe and healthy work, timely payment of wages, vacations, payments in case of illness, accident and occupational disease, unemployment benefits, and subsequently, as a consequence, pension security.
At the same time, social responsibility of business is a guarantee of a high reputation. Consumers trust more businesses that care about social issues, work honestly and openly, creating new jobs.
Therefore, the Ministry of Labor once again draws attention to the fact that liability is provided for violations of labor legislation in matters of registration of labor relations.
Thus, the labor inspector carried out information and explanatory work with the employer regarding effective ways of complying with the legislation and preventing possible violations of it in the future, which will help to avoid illegal actions and liability for these violations in the future.
As a result, the employer renewed the rights of employees and accepted them in accordance with the current requirements of the law.
The Interregional Administration once again calls on all employers to work within the law, and on employees not to be indifferent to themselves and not to voluntarily become victims of undeclared work.
