News date: 5 December 2018
Valeriia Gudiy, an Attorney at Ilyashev & Partners Law Firm, and a lawyer Leonid Gilevich, addressed the 7-th All-Ukrainian conference organized within the framework of the project “HR-Brand Ukraine 2018 Award”, which was held on 04 December 2018 in Kyiv.
In their report, Valeriia Gudiy and Leonid Gilevich highlighted the legal aspects of inspections performed by the State Labor Service of Ukraine (Labor Service). Leonid Gilevich zeroed in on the legislative framework regulating the work of the Labor Service, the forms of inspections and the grounds on the basis of which an inspection can be carried out. Valeriia Gudiy drew the employers’ attention to their rights and the procedure of conducting the inspection, the consequences of not letting the inspector conduct the inspection and possible fines that may be imposed if any violations are revealed, as well as to the mechanisms of protection and appeal against the decisions upheld by the Labor Service.
“In spite of the absence of the legislative prohibition of using the services of individual persons on the basis of civil contracts, as well as the services of individual entrepreneurs on the basis of commercial agreements, there have been known certain instances when the Labor Service imposed substantial fines onto business entities for the “substitution of labor contracts, – as Valeriia Gudiy stated. – The only method of protection is the provision of professional legal assistance when a labor inspector is visiting the company”.
The experts of Ilyashev & Partners stressed that only legal entities, including their structural and separate sub-divisions, as well as individuals who use hired labor, can be subjected to inspections for their compliance with labor legislation. Persons without the status of a legal entity, for example, representative offices of international organizations shall not be subjected to the corresponding visits.
«HR-Brand Ukraine Award» is a unique annual contest organized among the specialists of HR-sphere, which allows tracing hot-button tendencies and new effective ideas in recruiting. The judging panel evaluates what effective HR-instruments were used by the nominated companies in the reporting year. During the seven-year period of the project’s history more than 180 companies have taken part in it having presented more than 220 business cases.