Keywords: penalty liability, employer, labor legislation, legal entity, legal liability


The article considers the grounds for penalties of the employer for violation of labour legislation. By its content punitive responsibility as a legal, consists of applying the state system of coercive measures to a person who has violated generally recognized and legitimized in a certain way the legal order of implementation of relations in the coquetry sphere.  Given the provision that the rights and interests of a person, including a person of an employer, are inviolable, and the State guarantees their inviolability and inevitability of observance, it is obvious that the application of state coercive measures to such a person must be justified and justified.  Justifiability consists in the presence of predetermined in the legislature grounds and conditions, the occurrence of which means the possibility of application state coercion.  However, the mere occurrence of such conditions does not mean the categorical choice of the State to apply coercive measures.  We consider the fact that the mere violation by the employer of the labor legislation does not yet mean the obligatory occurrence of responsibility, since what the state regards as a violation of the law can only be a subjective statement of a particular person, as performs quite certain functions of the state in terms of bringing to responsibility.  This element of subjectivism contradicts the essence of legal responsibility as a reasonable measure of coercion, and therefore it should be minimized by the State itself.  For this reason, in the mechanism of bringing an employer to punitive responsibility for violation of labour legislation, an important element is the basis of the occurrence of such responsibility. The peculiarities of the employer's penalty liability are analyzed. The scientific views of scientists on the definition of "employer" and the main aspects of the employer's guilt in bringing him to justice are substantiated. The following components of the employer's labour offence were studied: the object (regulated by labour law legal relations in the field of realization of the right to work) and the subjective side. We determined that the employer's penalty liability peculiarities include the peculiar nature of the labour offence as the basis of such liability, the specificity of the features that make up the composition of such an offence. We concluded that the grounds for the employer's penalty are a set of legal facts and circumstances that, due to a specific model of the employer's behaviour, object to the occurrence of negative consequences for him due to violation of the legally defined procedure for employment. And the main component of the mechanism of bringing the employer to justice is compliance with a specific procedure, which is a set of operations and actions of public authorities ranging from fixing the case of violation of labour legislation by the employer to the direct application of state coercion in the form of specific penalties.

How to Cite
Клєц, Т. С. (2021). ПІДСТАВИ ШТРАФНОЇ ВІДПОВІДАЛЬНОСТІ РОБОТОДАВЦЯ ЗА ПОРУШЕННЯ ЗАКОНОДАВСТВА ПРО ПРАЦЮ. Scientific Notes of Lviv University of Business and Law, 28, 182-190. Retrieved from https://nzlubp.org.ua/index.php/journal/article/view/404