ARE THE STATE PRACTICE INSPECTIVE INSPECTIONS 2020?

The State Labor Inspectorate of Ukraine (State Labor Inspectorate) stated that from February 10, 2020, their inspectors will inspect enterprises. The priority plans are to inspect 15,000 employers who use undeclared work.

The fact is that in accordance with Article 10 of the Law of Ukraine "On Basic Principles of State Supervision (Control) in the Sphere of Economic Activity", the employer has the full right not to allow inspectors to inspect, if not approved and published on the website of the State Labor Service inspection, which provides a list of issues depending on the degree of risk.

The form of the act has not been published on the site so far. In turn, the inspectors during the inspections refer to the resolution of the Cabinet of Ministers of August 21, 2019 №823, which tried to legalize the form of the act approved by the order of the Ministry of Social Policy № 18.08.2017 № 1338.

Thus, the following scenarios are possible during the visit of the controller:

•  non-admission of the inspector and, as a consequence, drawing up of the act on impossibility of carrying out inspection visit (with a penalty of 3 minimum salaries - 14169 UAH);

• admission of an inspector with subsequent appeal of the inspection results in court.

As you can see, everything is in the hands of the court. Employers may refuse on the basis of Article 10 of the Law, but the risk of being fined remains.

It is necessary to remember the exception when the inspector goes for an inspection on the complaint of an employee with whom no employment contract has been concluded. In this case, the amount of the fine will be ten times the minimum wage, with exceptions for "simplified" regardless of whether or not the inspector was allowed.

In all likelihood, the act of non-admission and fine can be appealed in court in the administrative court, after receiving a copy of the act.

The appeal procedure includes filing a lawsuit, paying court fees and filing a lawsuit.

 In addition, the inspector must have a referral for an inspection visit in addition to the certificate. The inspector is also required to register in the logbook. Verification of the certificate on the website of the State Labor Service is also mandatory.

It is not necessary to admit anyone else to the enterprises, except for the inspectors who are specified in the direction. These can be patrol officers or third parties. Inspectors have the right to use photo and video equipment during the inspection visit with restrictions on labor protection and personal life of employees. Employees of the enterprise are not obliged to answer any questions of inspectors.

Risk areas include almost all areas, especially transport, retail, catering, services and manufacturing. This is due to the relative ease of obtaining evidence.

As a rule, all these are representatives of small business. Large and medium-sized businesses often do not commit violations in the workplace, as these are poorly managed risks. Any business with open offices, sites, production facilities is exposed to the risk of inspections and vice versa, the business operates in a closed mode is less prone to such inspections. But do not forget to check the mailbox, which may be dusty act of the impossibility of an inspection visit.