ПРАВОВІ АСПЕКТИ ПРОЦЕДУРИ ПРИТЯГНЕННЯ РОБОТОДАВЦЯ ДО ШТРАФНОЇ ВІДПОВІДАЛЬНОСТІ

Keywords: penalty responsibility, state control, delegation, act, authorized person, employer

Abstract

The procedure for bringing an employer to punitive liability is an essential element of the entire institute of labour-legal responsibility because it appears to us as a means of guaranteeing by the State the observance of the rights and interests of the employer himself. Since the grounds for the occurrence of punitive liability are subject to certain establishment and proof, the amount of penalties in some cases seems to be quite high. In terms of the employer's ability to fulfil such an obligation, it is logical to be concerned about employers in the context of protecting their rights against the arbitrariness of state regulatory authorities. The article considers the legal aspects of the procedure for bringing the employer to justice. The powers of the subjects of state control over the implementation of labour legislation to impose fines on employers are considered.

It is determined that the State Labor Service and its territorial bodies are the main subject of bringing employers to justice and acts as an enforcement body in relation to other acts of authorized bodies and persons issued to apply state coercion to employers.

The mechanism of bringing the employer to justice in the form of an algorithm is presented, which shows a complex and structured procedure for imposing fines on employers and is regulated by several regulations, namely: Art. 265 of the Labor Code of Ukraine; Law of Ukraine "On Basic Principles of State Supervision (Control) in the Sphere of Economic Activity"; The procedure for state control over compliance with labor legislation, approved by the Resolution of the Cabinet of Ministers of Ukraine dated 04.12.2019 № 1132; The procedure for state supervision of compliance with labor legislation, approved by the Resolution of the Cabinet of Ministers of Ukraine dated 21.08.2019 № 82 "On Some issues of state supervision and control over compliance with labor legislation"; The procedure for imposing fines for violations of labor and employment legislation, approved by the Resolution of the Cabinet of Ministers of Ukraine dated 17.07.2013 № 509.

Published
2021-09-30
How to Cite
Клєц, Т. (2021). ПРАВОВІ АСПЕКТИ ПРОЦЕДУРИ ПРИТЯГНЕННЯ РОБОТОДАВЦЯ ДО ШТРАФНОЇ ВІДПОВІДАЛЬНОСТІ. Scientific Notes of Lviv University of Business and Law, 30, 43-50. Retrieved from https://nzlubp.org.ua/index.php/journal/article/view/470