The State Service of Ukraine for Labor, threatens with fines for an incorrectly indicated position in the workbook

The State Service of Ukraine for Labor, threatens with fines for an incorrectly indicated position in the workbook

The form of the inspection certificate of the State Labor Committee, approved by the order of the Ministry of Social Policy of August 18, 2017 No. 1388, provides for the possibility of studying the issue of compliance with the requirements of Part 4 of Art. 48 of the Labor Code, in accordance with which information on work at the enterprise is entered into the workbook. In turn, clause 2.14 of Instruction No. 58 states that records in the workbooks are made in accordance with the Classification of occupations. From here, the Gostrud concluded that they have the right to check the conformity of employment records to the Classifier of professions.

But as for the fines in case of discrepancies, the Trudoviks plan to punish for this with a fine in the amount of 1 payroll according to par. 8 h. 2 Art. 265 Labor Code.

As for the "violation of other requirements of labor law."

For our part, we note that if during the inspection visit or outside travel inspection other violations of labor laws than “especially dangerous” are revealed, then the employer will be given an order to eliminate them without applying “penalties”. And if the order is fulfilled in time, financial sanctions should not be applied to the employer.

True, there is still an open question about the use of an administrative fine for such a violation in accordance with Part 1 of Art. 41 КУоАП. Although the Gostrud did not recall him in the letter, he, too, fits into the “penalty” logic of the Trudoviks. Moreover, with the "amnesty" from this administrative fine through the implementation of the instructions of the labor inspector, all is not going smoothly. Not the fact that it will be possible to get rid of it.