Natalie brown: From the beginning, the Ternopil region is not assigned any penalty in the amount of 320 thousand hryvnias
All remember the excitement that rose in the beginning of the year as a result of stringent legislation increase penalties in the field of labor protection in connection with the establishment of the minimum wage in the amount of 3200 UAH. Entrepreneurs were shocked by the size of the maximum possible penalty – UAH 320 thousand, for noncompliance with labor legislation. It took almost six months. Lee was justified in their fears and horror stories? we ask Natalia Rus. Of course not. Somehow our service from January 1, 2017, some believe punitive authority. Obviously, simply because of the lack of information, especially among entrepreneurs. And in fact, in recent times the efforts of the staff of our service are focused on advocacy work. It is first of all preventive measures aimed at the implementation of our primary task — to prevent the violation, not to punish violators. Why was such an unhealthy excitement? The fact that from January 1, significantly increased minimum wage, and in parallel greatly increased the amount of fines for violation of labor laws, because they are tied to the "minimum salary". Particularly frightened of the amount of the maximum fine — 320 thousand UAH. People, even without realizing it and how to use it, suddenly imagined that tomorrow the company comes our inspector and will immediately write them a fine. In fact, our planned inspections are conducted in accordance with the schedule approved for the current year in the previous year. Thus, all the entities can see (on the website of our Department or on the Internet portal of the Ministry of economic development), there is a company in the list and when they should expect the check. In addition, planned inspections of economic entities is necessarily warn for 10 days. However, our inspectors also carry out unscheduled inspections, for which our management must obtain permission from the Central structure, and only when necessary bases. Among these may be workers ' complaints, appeals to the government hotline or to law enforcement authorities. Just collecting documents that may be grounds for unscheduled inspections, and conducting their analysis, we send a confirmation to the Central body of the Service Gastrula, and if they believe that reasonable grounds for an unscheduled inspection, our inspectors give permission to do so. Therefore, when we say that we create unnecessary pressure on business, to put it mildly, not true. No threshold gives penalties to entrepreneurs, there is no! Our inspectors did not issue any penalties after the check, and draw up the relevant documents, which consider authorized persons Control. The subject test needs to be warned before such meeting. This meeting resembles the court, that is, the employer can submit documents on elimination specified in regulations of the shortcomings and only then appoint (or not appoint) penalties. During any test, we first check the documents about the official employment, timely payment of wages and minimum guarantees of social protection. The three basic constitutional human rights check, regardless of what the complaint was the reason for the test or when the test routine. By the way, the check is carried out not for one day, and within two to ten, depending on the scope of the subject of verification and other features. All violations which are eliminated during the validation period, subsequently, when the potential penalties are not considered. For the past five months, we are trying to explain to employers that there is no pressure on the business. Very interesting, for example, was a meeting with entrepreneurs that operate in the markets. It got to the point that they told their workers not to come to work. We therefore maximum attention is given to consultation and explanation. This outreach gives the result: many businesses, making sure that we are not a punitive body, come to us, consult on how to fix certain disorders, and some even ordered checks to identify deficiencies, to pay even the minimum fines and then to work quietly. I repeat: our goal is not to penalize the business, because we understand its tremendous social weight. And that, according to the legislation, is among the main tasks and responsibilities of your Department? The main objectives of management Gastrula is: 1) implementation of state policy in the spheres of industrial safety, labour protection, occupational safety, handling of explosives, the implementation of state mining supervision, and also issues of supervision and control over observance of legislation on labor, employment, state social insurance regarding the appointment, calculation and payment of aid, compensation, social services and other types of financial security to ensure compliance with the rights and guarantees of insured persons; 2) implementation of integrated safety management and industrial safety at the regional level; 3) implementation of state regulation and control in activities associated with high risk; 4) organization and implementation of state supervision (control) in the sphere of natural gas market functioning to maintain proper technical condition of systems, components and metering of natural gas at its production and ensure safe and reliable operation of the Unified gas transportation system. As you can see, duties enough already, what we talked about above... Yes, but you must admit that the new fines, especially a maximum of 320 thousand UAH. really shocking and very heavy... The amount of the fine I want to say separately. First of all, let's explain why the amount of fines increased. Increased the minimum wage, and our fines attached to it. So now the amount of the minimum fine, and it is classified as "other labor law violations", as before, is the size of one minimum salary, and it is now RS 3200. Now — about the highest penalty — 100 minimum wages — 320 thousand UAH. For what it is? For the non-admission of inspectors to check enterprises on legal registration of employees. I will emphasize, the maximum penalty is imposed only in the case when it comes to themed checks at the enterprise illegal workers. If the test does not have such status, for non-admission of inspectors penalty is much lower — 9600 UAH. (three minimum wages). The imposition of the maximum fine is preceded by a procedure. Check, as I said, lasts two to five, and sometimes up to ten days. And now imagine that on the first day the inspector was not allowed to check or made impediments to its activities. Then it happened again the following days to check, although the inspector has made a written request, recorded and documented the facts of the refusal and the facts confirmed by the police. Only then there is reason for imposing such a fine. This is no penalty in the first five minutes after the arrival of the inspector, when emotions rage, and only as a result of meeting the necessary evidence — including law enforcement and other competent authorities. By the way, I note that with the new year in our area there is not a single case of appointment of a penalty in the amount of 320 thousand UAH. Unhappy businessmen rallied, came under the CAA, shouting slogans about the pressure on business, and really nothing there. On the other hand, very pleased that we have not a single fact of non-admission of inspectors to check. Dialogue with business is civilized, we are not a punitive body and do not aim to fill the budget with fines. This is absurd! Every day we are increasingly becoming a state of law and becoming the awareness that any activity, including business or public administration, should be conducted in the legislative field. RESPONSIBILITY FOR VIOLATION OF LABOR LEGISLATION From 01.01.2017, installed a new types of liability for violations of labour legislation (article 265 of the Labor code): - prevention to conduct checks on compliance with labor laws, the creation of obstacles in its implementation - to 3-fold of the minimum wage established by law at the time of the violation (from 01.01.2017 — 9600 UAH.); Commission of acts provided by the sixth paragraph of this part, when conducting inspections to identify violations referred to in paragraph two of this subsection, within 100-fold of the minimum wage established by law at the time of the violation (from 01.01.2017 — 320 000 UAH.). We are talking about avoiding the inspection on the actual admittance of employee to work without issuing an employment agreement (contract), registration of the employee on part-time work in the case of actual execution of work the full working time set in the company, and the payment of wages (compensation) without calculation and payment of single fee for obligatory state social insurance and taxes Also recall that legal and physical persons — entrepreneurs who use hired labor, are liable to a fine if: - the actual admittance of employee to work without issuing an employment agreement (contract), registration of the employee on part-time work in the case of actual execution of work the full working time set in the company, and the payment of wages (compensation) without calculation and payment of single fee for obligatory state social insurance and taxes - a sum 30 times the minimum wage established by law at the time of detection of violations for each employee, with respect to which the violation occurred (01.01.2017 — 96 000 UAH.); - violation of the terms of payment of wages to employees and other payments stipulated by the labor legislation, for more than one month, payments are not in full - within 3-fold of the minimum wage established by law at the time of the violation (from 01.01.2017 — 9600 UAH.); - failure to comply with the minimum state guarantees in wages - a 10-fold size minimum wage established by law at the time of detection of violations for each employee, with respect to which the violation occurred (from 01.01.2017 — 32 000 UAH.); - failure to comply with statutory guarantees and benefits to employees, which are involved in the performance of duties stipulated by the law of Ukraine "On military duty and military service", "On alternative (civilian) service", "On mobilization preparation and mobilization", in a 10-fold size minimum wage established by law at the time of detection of violations for each employee, with respect to which the violation occurred (from 01.01.2017 — 32 000 UAH.); - prevention to conduct checks on compliance with labor laws, the creation of obstacles in her conduct — three times the minimum wage established by law at the time of the violation; Commission of acts provided by the sixth paragraph of this part, when conducting inspections to identify violations referred to in paragraph two of this subsection, in the hundredfold size of minimum wage established by law at the time of the violation; - other violations of labor legislation, except as provided by paragraphs second - the seventh of this part, in minimum wage (from 01.01.2017 — 3200 UAH.). This was reported in the Ternopil regional state administration.Ïåðåâåäåíî ñåðâèñîì "ßíäåêñ.Ïåðåâîä÷èê": translate.yandex.ru.
Source: http://uzinform.com.ua/
