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Registration of employees and inspections of the State Labor Service in IT

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17.10.2018 Law firm "BARGEN" with Kyiv IT Cluster held a seminar on "Should IT businesses be afraid of inspections by the State Labor Inspectorate."

The event consisted of several blocks. First lawyer Andriy Gevko told about inspections of the State Labor Service of Ukraine.

 Andriy told the audience about the grounds for conducting inspections (inspection visits), as well as about what documents the labor inspector should have during the inspection. Andrew drew the attention of the participants of the event: before admitting the inspector it is necessary check your ID, the form of which is approved by the Ministry of Social Policy. In addition to the service certificate, the inspector must also provide a copy of the direction for the inspection visit.

Andriy Gevko also noted that despite the wide range of powers of labor inspectors, the inspector should conduct an inspection within the circumstances that were the basis for leaving the inspection visit. For example, if you come to check compliance with the legislation on the employment of minors, the check of employment of other employees will go beyond such a check.

The speaker also paid attention grounds for non-admission to the inspection visit and noted that in addition to the identity card and referral inspector must sign the log of inspections, and the term of the inspection visit cannot exceed 2 days (for small businesses). If these requirements are not met, the inspector may not be allowed to inspect.

Andriy also shared with the guests of the seminar the current court practice of appealing the fines of the State Labor Service. In particular, he noted that the courts clearly distinguish between civil and labor relations. If the purpose of the civil contract is a specific result, then such a relationship can not be employment, and the employer can not be fined for undocumented workers.

The second block was dedicated to structuring the IT business and the design of employees. Lawyer Tetyana Petrenko told the audience about the advantages of civil relations in relation to labor, as well as the risks of such relations.

Tatiana drew the participants' attention to the mandatory conditions that must be met by contracts concluded with a private individual. In particular, there is no reference to working time or subordination in the contract. The contractor must perform the work at a time convenient to him. Working under such an agreement must have a concrete result.

The speaker paid special attention to the execution of work lease agreements and coworking agreements. Tatiana drew attention to the fact that under the lease agreement, only a specific job can be transferred. At the same time, under the coworking agreement, the place where the service provider will sit under the contract has not been determined.

Below you can see the presentations of Andrew and Tatiana.

Gevko AV - Should businesses be afraid of inspections by the State Labor Inspectorate

Petrenko TS_Is the IT business to be afraid of inspections

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If you want to prepare for the inspection, or if you have already been inspected and fined, please contact us for assistance.


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