In December 2016, the Verkhovna Rada of Ukraine decided to once again “support” the development of business in Ukraine and sharply increased the responsibility of employers for violations of labor legislation.

The amount of fines is set with reference to the minimum wage set at the time when such an offense is detected. Given that according to the Law of Ukraine “On the State Budget of Ukraine for 2017” the minimum wage during 2017 will be unchanged and will amount to UAH 3,200, the amount of fines will be as follows:

• if during the inspection of a legal or natural person-entrepreneur it is established that the employee is not officially employed or employed part-time, in the actual performance of work during all working hours – the employer will have to pay a fine of 96,000 UAH .;
• for wages in the amount of less than UAH 3,200. (minimum wage) – the fine will be UAH 32,000;
• for non-admission to the inspection – the amount of the fine will range from UAH 9,600. up to UAH 320,000

Of course, the state must help increase social guarantees for each employee, while obliged to prevent the imposition of unfair fines, which may be unaffordable and simply harmful to the employer.

As you can see, the largest fine is provided in case of non-admission to the inspection, and this, in my opinion, can be used by dishonest inspectors to implement the “plan” to fill the state budget. That is why you need to be vigilant and clearly clarify the rights and responsibilities of inspectors.

According to the Regulation “On the State Labor Service of Ukraine”, state labor employees have the right to carry out inspections of legal and natural persons-entrepreneurs without hindrance and without notice, involving specialists of state bodies, local governments, trade unions, public organizations and police. Inspectors are willing to receive written and oral explanations from the employer, provide mandatory recommendations, record violations of labor legislation and a number of other powers.

However, it should be remembered that the rights of labor inspectors specified in the Regulation should be considered in conjunction with the Law of Ukraine “On Basic Principles of State Supervision (Control) in the Sphere of Economic Activity”, which clearly defines the grounds for scheduled and unscheduled inspections. , which the inspector is obliged to present to the employer for his admission to inspection.

So, before the beginning of implementation of check, the following are obligatory for presentation by the inspector:

• certificate (referral) for inspection;
• inspector’s service certificate;
• a copy of the approval of the State Labor Office for an unscheduled supervision measure.
• also the authorized person of the business entity has the right to get acquainted with the decision (order, instruction), on the basis of which the certificate (direction) for carrying out check was issued.

Therefore, if the inspector is unable to provide you with the necessary documents, you have the right to deny him the inspection. You may not allow state labor inspectors to conduct an inspection if you have not been notified in writing of the scheduled inspection 10 days before the event.

To protect the violated rights, the business entity may apply to the State Regulatory Service (DRS) with a complaint about the illegal actions of the inspector. The DRS is authorized to consider such appeals and draw up administrative reports on the perpetrators.

In any case, remember that a timely appeal to a qualified lawyer will help you save time and money.