LIST OF GROUNDS ON WHICH GOSTRUD HAS THE RIGHT TO CARRY OUT CONTROL MEASURES DURING MARIAL LAW

First, due to quarantine restrictions, and later as a result of the war, a number of bans were introduced on inspections by state bodies. This also affected the State Labor. After all, during martial law, inspections by this body can be carried out on exceptional grounds. In particular, according to the clarification of the Ministry of Economy of Ukraine dated August 01, 2022, there are a number of grounds on which the State Labor Service can conduct inspections even during martial law. This applies to unscheduled inspections, namely:

• Compliance with the requirements of the Law of Ukraine "On the organization of labor relations under martial law", adopted on March 15, 2022.
• In the presence of identified unregistered labor relations. That is, if the State Labor authorities become aware in one way or another that employees work without an employment contract, this is already the basis for an unscheduled inspection.
• Issues of the legality of termination of employment contracts. This applies to those moments when the law of a certain procedure for terminating an employment contract is not observed.

It should be noted that unscheduled inspections of the State Labor Service should be carried out only in those areas that caused the inspection. For example, if an audit is carried out on the grounds of revealing unregistered labor relations, then it cannot fully or partially address the issue of the legality of termination of employment contracts.

Basic rules for State Labor inspections in 2023

• The person authorized to conduct the inspection must have a referral to conduct the inspection. A copy of such a direction, according to the requirements of the law, must be provided to the employer.
• If the person authorized to conduct an inspection does not have a referral to conduct an inspection, the employer has the right not to allow such a person to conduct an inspection.
• The period of an unscheduled inspection cannot exceed 10 days, and for small business entities - 2 days.

It should be noted that during martial law, fines for violation of labor laws are not applied. But sanctions can be applied for an administrative offense, for example, for allowing an employee to work without drawing up an employment contract, preventing officials from the State Labor Service from conducting an inspection, etc.

So, as can be seen from the above, despite the introduction of a moratorium on inspections, State Labor authorities can nevertheless conduct them on exceptional grounds. In order that there are no grounds for conducting such inspections, the employer should comply with the requirements of labor legislation, and also not neglect the legal assistance of specialists in the field of labor law.