What to expect from new legislative initiatives in the labor field in 2017?
Kateryna Manoylenko, Senior Lawyer, GOLAW
In January 1st, 2017 came into force the Law of Ukraine “On amendments to some legislative acts of Ukraine» № 1774-VIII, which main purpose is to legalize the employment relationship.
The Law not only increased the minimum wage, but also determined to avoid responsibility for the audit on compliance with labor legislation and creating obstacles to its implementation.
In pursuance of this Lawof the State Labour Service of Ukraine, the Cabinet of Ministers of Ukraine drafted the Resolution “Some issues of implementation of Article 259 of the Labor Code of Ukraine and Article 34 of the Law of Ukraine “On local government in Ukraine”.
The mentioned Resolution provides for the approval of the following documents:
- About the state control over observance of labor legislation and employment;
- Procedure for state supervision over the observance of labor legislation and employment;
- Providing guidelines for the implementation of city councils of regional centers, local communities united powers referred to in the third paragraph of Article 34 of the Law of Ukraine “On local government in Ukraine”;
- Regulations on the procedure for issuing officials of city councils of regional centers and local communities united labor inspector certificates.
It is assumed that state control over the observance of labor legislation and employment be carried out by inspectors of inspection visits and off-site inspections.
Such labor inspectors in the presence of official identification are entitled to enter freely and without previous notice at any hour of the day to provide inspection, including:
- self-freely, without prior notice to take any industrial, office, administrative offices facility visits that use hired labor;
- become familiar with any books, registers and documents, driving under the legislation on labor and employment, containing information or data on issues that are the subject of an inspection visit, off-site inspection to verify their compliance legislation and getting certified visit object copies or extracts;
- alone or in the presence of witnesses put the head and / or employees visiting object questions concerning labor law and employment, receive on these issues oral and / or written explanations;
- involve law enforcement officers;
- to provide a workplace with the ability to conduct confidential conversations with employees on the subject of the inspection visit;
- record of an inspection visit on detection unformed employment by means of audio, photo and video equipment;
- receive from state authorities the information necessary to conduct inspection visits, off-site inspection.
In addition, the requirement to provide labor inspector visiting the object for inspection of documents, or copies, or extracts from documents, explanations and access to the premises of the workplace, included within the authority are binding.
Сonsequently, the result of such legislative initiatives will strengthen the inspections by controlling bodies at companies’ workplaces.
The draft resolution stated promulgated by posting on the official website of the State Labour Service of Ukraine: www.dsp.gov.ua.