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The company “Inform Asset” decided to enlarge the range of provided staff services

The company “Inform Asset” decided to enlarge the range of provided staff services due to a considerable increase of penalties for the violation of labour legislation from the 1 January 2015.

The Law of Ukraine No. 77-VIIIfrom 28.12.2014 entered into force. This is the Law “On the introduction of changes to certain Legislative Enactments of Ukraine concerning the reforms of compulsory national insurance and legalization of remuneration for work labor fund”, which increased the responsibility of the employer for violation of labour legislation. Thus, in accordance with the changes to the Labour Code of Ukraine, financial liability of employers is established, which manifests itself in the form of penalties for violating the requirements of Labour Legislation. In particular, this is the work of employers, payment of salaries without proper registration of employment relationships, disregard of minimum state guarantees in the sphere of remuneration, violation of the salary due dates and other payments. Depending on the kind of violation, the size of such penalties ranges from one minimum wage (currently 1218 UAH) to thirty minimum wages (36540 UAH) per one violation.

Penalties will be imposed by the territorial bodies of State Inspection of Ukraineinlaboraffairs in manner specified by the Cabinet of Ministers of Ukraine.

The changes were also introduced to the Code of Ukraine about administrative violations, which fall within administrative liability of the employer’s officials, according to which:

- administrativediscipline is established as a penalty:

  • equal to the amount of 510 to 1700 UAH for not paying the full salary;
  • equal to the amount of 510 to 1700 UAH for violating the terms of giving to the workers, as requested by them, the documents concerning their labour activity at the certain enterprise, which are necessary to grant a pension;
  • equal to the amount of 510 to 1700 UAH for other violations of labour legislative norms, such as: illegal transference of employees to the part-time job without warning them about it 2 months before, granting the workers with vacation without keeping their salary for the longer period than it is prescribed by legislation or discharge of the employee without fulfilling the compliances of labour legislation;
  • equal to the amount of 510 to 1700 UAH for repeated commencement of all activities mentioned above during the year, for which the person has already been subject to administrativediscipline or for activities committed towards juveniles, pregnant women, single parents;
  • equal to the amount of 8500 to 17000 UAH for allowing a person to work without registering a labour agreement;
  • equal to the amount of 8500 to 17000 UAH for allowing work to foreign citizens, persons without citizenship and those who are registering a refugee status without receiving a corresponding permission for work in Ukraine;
  • equal to the amount of 17000 to 34000 UAH for a repeated commencement of all activities mentioned above during the year.

-the sum of administrative penalties is also increased for violating the norms of labour legislation, accountability of the unified social tax on the general state social insurance and state pension provision.

Changes were introduced to the Criminal Code of Ukraine concerning criminal liabilities of the employer’s officials. Thus, the gross violation also includes an illegal discharge of the employee. The amounts of penalties for gross violations of labour legislation and defaulting the unified social tax and state pension provision.

Other changes to the Labour Code of Ukraine:

- it is forbidden to permit the employee to work without registering an order of the employer concerning the recruitment;

- there is a compulsory notification of the body which is responsible for administrating aunified social tax (right now it is State Fiscal Service of Ukraine) concerning the recruitment of an employee as prescribed by the Cabinet of Ministers of Ukraine;

- the demand for registrating labour agreements with employers (physical persons at State Employment Office of Ukraine) is cancelled;

- there is a possibility of delivering a judgment on the registration of labor relations with an employee and establishing their time limits (in case of actual work without any labor agreement or actual work on conditions of the full-time job, while the employee is registered for a part-time job). While delivering such judgments, at the same time the courts may decide to pay the employee a salary not less than an average salary according to the kind of economic activity in the certain region and to impute income taxes on the physical persons and the sum of unified social tax;

Due to numerous appeals, the company “Inform Asset” has enlarged the range of staff services, which now include:

  • Staff documents;
  • Consultations concerning labour legislation and company’s staff strategy development;
  • Conduction of staff audit, identification of the extent of violation and reinstatement of the staff records;
  • Staff outsourcing involves transference of functions from your personnel department to our Company;
  • Outstaffing involves the transference of certain emplyees, not functions.

Professionals from the company “Inform Asset” possess all the necessary skills and knowledge in staff issuesand are always glad to help you!