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Changes regarding the liability for violation of legislation requirements on labour

14 June, 2012 Newsletters

Dear Sirs,

We avail ourselves of this opportunity to express to you assurances of our highest consideration and feel it appropriate to inform you on entering the Law of Ukraine “On the Amendment to Article 41 of the Code of Ukraine on Administrative Offences Regarding the Liability for Violation of Legislation Requirements on Labour” as of May 17, 2012, № 4714-VI into force on June 13, 2012.

From now on officials of the company bear administrative responsibility for the violations indicated herebelow. We are to pay your attention that company’s director, members of the executive body, the head of the auditing committee (auditor), the head and members of the supervisory board, the chief accountant and other persons who are assigned organizational-directing, administrative-economic duties are recognized as officials. In other words, even when the mentioned below violations have become the result of non-fulfillment or improper fulfillment of the respective obligations by the employee, officials are to be called to administrative responsibility.

Thus, violations that entail administrative liability are as follows:

  • violation of the term of providing employees, including former employees, at their request with documents relating to their employment necessary for granting of the pension (on seniority, salary, etc.), determined by the Law of Ukraine “On Citizens’ Appeals” (we shall recall that such term is one month, and in case of inability to resolve the issue within a month – up to 45 days in accordance with the Law Ukraine “On Citizens’ Appeals”);
  • providing the abovementioned documents containing false information;
  • violation of the term of certification of workplaces for working conditions and procedure for its conduction. According to the Procedure for Certification of Workplaces for Working Conditions approved by the Cabinet of Ministers of Ukraine on August 1, 1992, № 442, the certification shall be conducted at least once every 5 years.

So, part 1 of Article 41 of the Code of Ukraine on Administrative Offences provides for the imposition of a fine for the abovementioned violations of thirty to one hundred tax exemption limits (510 to 1 700 UAH) upon the officials of the company.

The above letter presents the general statement for information purposes only and as such may not be practically used in specific cases without professional advice.

The above commentary presents the general statement for information purposes only and as such may not be practically used in specific cases without professional advice.

Kind regards,

© TOV "KM Partners", 2012

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