The inspection of any control body usually ends in a fine for the company, or even more significant negative consequences. It is at this stage that the business turns to lawyers to appeal the inspector's fine. However, sanctions can be avoided if you prepare properly for the inspection and give it some time.
Bright case: a visit to the enterprise with a scheduled inspection of SES inspectors (firefighters). At the checkpoint, they show the guards their IDs and directions for the inspection. Security is signed in this document, and inspectors undertake the inspection, and its consequences, after identifying numerous violations of fire safety rules, - file a lawsuit ("on the application of response measures by stopping the enterprise").
Could this have been prevented? It turns out that yes. Note what mistakes the staff made. At the stage of admission to the inspection, the security guard signed the inspection, although it had a number of shortcomings. The wrong address of the enterprise was specified in the direction, and other inspectors than were specified in the document came for check. If the guards were properly instructed and the trained documents were inspected by a trained person, firefighters could be legally barred from inspection and all further problems avoided.
We will protect during inspection of controlling body
Here is another case. The Ecological Inspectorate came to the enterprise with a scheduled inspection. During the inspection on the territory of the enterprise a pile of construction waste was found, which remained after the repair of the warehouses. The director said he did not know it was a violation. The company was fined, and after that the prosecutor's office in the interests of the Ecoinspection also appealed to the company to recover several hundred thousand hryvnias in damage caused by land pollution. What could be done in this case? Before the scheduled inspection, the director of the enterprise could properly prepare, "walk" on all possible violations, remove construction debris, and thus avoid liability.
Another case. The company employed a person under a civil contract, who was engaged in cleaning the territory. During the inspection of the State Labor Inspectorate to identify undocumented employees, the said person, not fully understanding the essence of the JRS, stated that he was an employee of this enterprise and worked under an employment contract. The company was fined 125,000 hryvnias, and the company's lawyers argued in court for a long time that the person worked under a civil law contract, not an employment contract. However, it was possible to train employees, to explain to them that it was superfluous to give an explanation to the inspector without a lawyer.
As our legal practice shows, the culprits in these sanctions are primarily managers who ignore the need to prepare for the inspection. So what needs to be done to minimize the likely consequences?
First, make sure that your company is included in the inspection plan of one of the regulatory authorities. This can be done on the website inspections.gov.ua.
Conduct an audit of the company for possible violations in a particular area. For this purpose it is necessary to take the act which is made by each controlling body by results of checks. This act contains a list of issues that are inspected by inspectors of controlling bodies. Examine these questions and check if your company violates the law, find weaknesses. The audit can be conducted both independently and with the involvement of lawyers or other specialists in certain areas.
Prepare staff for inspection. Identify the people who will be responsible for meeting and communicating with the controllers. Conduct trainings and game checks for other employees, give them clear instructions on how to deal with controllers, as well as what can and cannot be said.
Such simple actions can reduce the possible negative consequences of the test and transfer it with minimal discomfort.
Andriy Gevko, attorney, partner of the law firm Bargen
Article by Fr.published in the newspaper "AgroMarket”
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