Labor inspections under martial law
Please note that under martial law, the Law of Ukraine "On Organization of Labor Relations under Martial Law" sets forth the specifics of state control and liability of employers for violations of labor legislation.
Pursuant to Article 16 of the said Law, during the period of martial law, if the orders to eliminate violations identified during unscheduled state supervision (control) measures are fully complied with and within the established timeframe, the fines provided for in Article 265 of the Labor Code shall not be applied.
Thus, fines for violations of labor legislation under Article 265 of the Labor Code are imposed in case of failure to comply with the orders to eliminate the identified violations of the law issued as a result of an unscheduled control measure within the established time limit.
For reference. The grounds for conducting state control measures under martial law are an employee's request for violation of his or her labor rights, an order of the Prime Minister of Ukraine, and the occurrence of an accident, fire, death of a victim as a result of an accident or occupational disease related to the activities of a business entity.
Issues subject to inspection in the context of martial law:
- compliance with the requirements of the legislation on occupational health and safety;
- detection of unformalized labor relations and legality of termination of labor contracts;
- compliance with the requirements of the Law of Ukraine "On Organization of Labor Relations under Martial Law".
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