Together with the lawyers of the law firm "Pravoe Delo" and invited experts, we reviewed all innovations in labor legislation, as well as "pitfalls" from all sides; listed the documents that will be needed during the audits; announced various types of fines and discussed all the risks.
The meeting lasted six hours, was supported by stormy discussions, the speakers constantly answered the questions, we used different numbers and tools, and everything ended with a stunning relaxation.
Oksana Gergil, the lead in the legal protection of business practice in the law firm "Pravoe Delo"
Oksana Gergil, the lead in the legal protection of business practice in the law firm "Pravoe Delo", spoke about the new order of the state labor inspections and audits of self-governing authorities, penalties for violation of labor legislation, practical recommendations for the preparation for the visit of inspectors.
What does the inspection mean by decree no. 295? Up to date, state labor inspectors are trained, and in this department, were recruited the best employees who specialize in this area. They are already being trained, and special authorization documents have been prepared for them (please follow the link http: //dsp.gov.ua/informatsiia-pro -...). This authorization document will give the inspectors the right of access to any premises, so that they can come to you at any time of the day or night, taking with them a law enforcement official. The incentive for businesses to accept inspectors is a fine for non-admission to the inspection, and this fine is 320 thousand UAH. For many people this is a significant amount, especially if it is a subject of small business, that's why you need to treat the inspector in a good way. If the inspector sees aggression on your part - nothing will prevent him from writing an act of not admission and write out a fine. And to prove the opposite, lawyers will have to take up the case. Also, Article 34 of the Law of Ukraine on Local Self-Government states that now local authorities are entitled to carry out labor inspections.
Zhelyabina Nataliya Alexandrovna, specialist in HD recordkeeping
Zhelyabina, Nataliya Alexandrovna, a specialist in HD recordkeeping, announced the main list of documents required by labor inspectors. She also talked about the mistakes in HD recordkeeping before the visit of inspectors, the independent contractor agreements and the employment agreements. We also examined special categories of workers (mobilized, disabled, Chernobyl workers, women with children), the procedure for granting leave, and what inspectors pay attention to during the audits. The approach of the inspectors didn’t change, they require a package of documents and sometimes they can request copies of all the necessary documentation. If you cooperate with them in right way, then these documents can be sent by e-mail.
The first basic document requested by the inspectors is the Labour Regulations. This document should be present at all employers and individual entrepreneurs. The next document is the staff schedule. The inspector has the right to demand a staff schedule of the last three years. The main thing that is checked in the staff schedule is the correspondence of job titles. The next documents are labour orders and a registration book. Employment record books are required / watched selectively. Inspectors can also demand a collective agreement, if it does not exist, then there must be a document on the Compensation and Benefit Policy. Also in the report of the expert has been given a host of other requirements and documents that can be required during audits.
Julia Alferova, one of the experts of the "deepest immersion" in the labor inspections field
Julia Alferova, one of the experts of the "deepest immersion" in the labor inspections field, showed the financial component of the issue on vivid examples. Certified CAP accountant, winner of the contest "Best Accountant of Ukraine", DipIFR Diploma. Together with Julia, we talked about the optimization of wages without consequences for the enterprise, on the modes of work on terms of part-time work. Also, we summarized the work time logging, estimated reserves for payments of vacation allowance: from the creation to the inventory, and examined the indexation of wages under new conditions.
Examples of calculations on the payroll accounting due to living wage were also given, considering the accrual of additional payments to the minimum wage for each place of work, taking into account the specification of the work field. The comparison of the total amount of income for the main place of work and part-time work was given, as well as the calculations of minimum wage for the work of one employee with two positions, the calculation of working hours, the calculation of extra payments for overtime hours. Julia also presented legislative acts and explanations of official bodies.
We also considered the algorithm of reserve creating:
determination of the number of days of carry-over vacations at the end of the year.
determination of the average daily wage with the consideration of unified social tax.
calculation of the reserve ratio: the ratio of the annual planned amount for payment of leave to the total wage fund, considering the corresponding amount of deductions for state social insurance.
how the amount of collateral is credited monthly during the next year.
Zasenko Alexander Vasilyevich - head of the Labour protection service.
He spoke about the importance of maintaining complete documentation on labor protection, and noted the peculiarities of their management in case of accidents at work. He emphasized the need to hire people with disabilities, if the staff consists of more than 7 people. Alexander opened the components of labour protection, and spoke about the inspections after the reorganization of the Gosgorpromnadzor and their peculiarities. He presented a short list of verification issues and documentation on labour protection and fire safety.
And as a "bonus" of the event, a psychologist Jana Bulatova was invited.
She examined the issues of moral preparation for inspections of the manager and employees of the company and other important psychological aspects when working with personnel under stress.
Jana elaborated on the following topics:
1. Fear, as the denominator of the "success formula".
2. Stress resistance. How to discern in the employee moral preparation for inspections.
3. Objective real fear and panic illusions. Origins. Causes and effects.
4. Prevention of stress: motivation, training and control.
5. Relaxation auto-training with directed imagology to work with proper fears of the participants of the event.
The seminar was very eventful, informative and interesting. We continue to inform our customers and subscribers about changes in the legislation, as well as protect them in any circumstances related to lawful business! See you in our educational space!