201923.01
Inspection by State Labor Service: what to do and how to avoid a fine?

Some businessmen in the work of their company are resorting to different ways to circumvent the law. Because of this, employers are afraid to face with inspection provided by inspectors of the State Labor Service.

The State Labor Service of Ukraine controls how the employer adheres to the rights and interests of his employees. The Informant talked with attorneys Alexander Melnyk and Anna Belolipetsky from the company “MAKMEL” and found out how the inspection takes place and what to fear.

Why businessmen are afraid of inspection provided by State Labor Service?

The State Labor Inspectors have a wide range of competencies. In Ukraine, there are cases where employees of the firm are not formally organized. In this way, companies often evade tax payments. Usually inspections are carried out without warning, so employers are afraid of an unexpected inspection visit. It is worth noting that all information about the inspection is captured on video and audio. When violations are found in the company, the employer is imposed by sanctions in the amount of 111,690 UAH. According to Anna Belolipetsky, in 2019 this amount will increase to 125,290 UAH.

How to avoid a fine?

Experts recommend to timely conduct a personnel audit. That is to monitor the system of personnel management in the organization. In addition, employers should keep track of the accounting documentation. Constant monitoring of such details will help the owner to identify possible violations by the accountant or the head of the firm. Also, attorney Belolipetsky advises employers to instruct employees and protect the company. It will psychologically prepare workers for inspection, and will also develop an algorithm for action during the inspection visit.

What to do in case of inspection?

The whole inspection is divided into three stages: it is the employer’s actions before, during and after the inspection. In order to avoid any problems, the employer must provide a checking log of visits. Before the inspection, it is imperative to check the certificate of the inspector. It should have a seal, a signature of the head of the territorial body of the State Labor Service and the term of validity. Also, there must be a photo that corresponds to the personality of the inspector. The employee of the State Labor Service should submit a referral to the inspection.

During inspection, the employer must obtain a list of documents which are going to be inspected. If the list is not provided, you can make it yourself. These actions will help protect you in the event of an unlawful behavior by the inspector. Inspection of an individual entrepreneur may be up to two days, and a legal entity – a maximum of 10 days.

After the inspection the employer receives the act with a decision that can be appealed within three days. To avoid having problems, define the form of the cooperation document in advance. This may be a labor or civil law contract.

Which employers are inspected more offer?

Inspectors check first of all those employers who provoked or ignored conflicts with an employee. Also companies that incorrectly built a human resources management system are inspected. Experts advise to solve problems with employees at the local level. It is not necessary to prove the conflict to a stage when your warder will write a statement to the State Labor Service. Suspicable companies, in which, according to reports, the number of jobs does not match the number of employees. If amount of work provided by the company does not match with the number of employees according to the reports, such company will be identified as a suspected company.

  What is “civil law relations”?

When an employer is looking for an employee for inconvenient work, it makes no sense to draw such a warder. The company must understand that this format is regarded as civil law. They are not considered as tax evasion. Therefore, this aspect of the relationship between employer and employee is considered to be quite safe.

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