On 16 May 2017 the Resolution of the Cabinet of Ministers of Ukraine “On Certain Issues of Implementation of Article 259 of the Labor Code of Ukraine and Article 34 of the Law of Ukraine “On Municipal Governance in Ukraine” dated 26 April 2017 No. 295 became effective (the “Resolution”).
The Resolution introduces new rules for control over labor law compliance, extends current powers of labor inspectors and amends the procedures for imposing relevant fines.
Inter alios, the Resolution:
- introduces specific forms for the exercise of control by labor inspectors, namely, inspection visits and remote inspections;
- provides the list of grounds and the information serving as a basis for labor inspectors to perform inspection visits (or remote inspections in certain cases). These grounds include, among others, an employee’s application regarding violation of labor law or information regarding possible unreported employment from public sources or from other state authorities; and
- introduces certain new powers of labor inspectors to control labor law compliance, for example, free access to any workplace of the employer.
In accordance with the Resolution, the heads of executive bodies of municipal authorities are now directly empowered to impose fines for labor law violations, in addition to officers of the State Labor Service and the audit of an employer by tax authorities. If any labor law violations are identified, it may result in a fine imposed by labor inspectors.