By the Decree No. 1104 dated December 18, 2017, the Cabinet of Ministers approved the list of state bodies that are not subject to a moratorium on inspections.
As far as the State Labor Inspectorate of Ukraine is among such bodies, attention should be paid to the Cabinet of Ministers’ Decree dated 26.04.2017 No. 295, which approved the procedure for implementation of state control and state supervision over compliance with labor legislation.
Thus, state control is carried out in the form of inspection visits and non-visiting inspections by the labor inspector, upon the decision of the control body’s head based on information received about violation of the labor legislation, including applications from employees, individuals, messages of the State Fiscal Service, the Pension Fund of Ukraine, State Statistics Committee, law enforcement bodies, court decisions.
Now the powers of the labor inspector should be confirmed solely by a certificate, information about which should be placed in the registry of the State Labor Service of Ukraine. In the absence of a certificate in the register, such should be considered as invalid.
The duration of inspection visits cannot exceed 10 working days, and for a micro and small enterprises – not more than 2 working days.
The resolution provides for rights and prohibitions for labor inspectors, including the prohibition to withdraw from the object of inspection the originals of financial and economic, accounting and other documents, as well as computers and parts thereof.
Based on the results of an inspection, an act is drawn up, and in case of revealing violations of labor legislation – an order to eliminate them. In case of elimination of violations within the time limits stipulated in the order, responsible persons of the object of inspection are not summoned. This rule concerns all permissible violations of labor legislation, except for violations related to the use of labor by unregistered workers, untimely, not fully paid wages or failure to comply with minimum guarantees in wages. For such violations, responsibility occurs simultaneously with introduction of the order.