The new Procedure for Audits by Officers of the State Labour Inspectorate and its Territorial Authorities (the "Order") was approved by the Order of the Ministry of Social Policy No. 390 dated 2 July 2012. The new Procedure came into effect on 17 August 2012. This Procedure replaces the document, which used to govern similar audits by now-defunct State Department of Oversight over Compliance with Labour Law. The new Procedure does not change the name of the agency but also introduces substantive changes.

The Procedure sets out in greater detail what work conditions a company must disclose to the state labour inspector. It also contains more detailed rules as to the types of audits an inspector may conduct and the grounds for them. A audit report, which must be drafted by the labour inspector, would also need to be more detailed. The reports will contain a checklist with a number of items grouped into the following blocks of issues which must be checked by inspectors:

1. General provisions:
   1. formalization of labour relations;
   2. collective agreement;
   3. work time;
   4. leisure time;
   5. remuneration.
2. Additional requirements:
   1. work conditions for disabled persons, women and minors;
   2. work discipline;
   3. guarantees for employees;
   4. liability of employees;
   5. workplace safety;
   6. compliance with labour market regulations;
   7. mandatory state social insurance;
   8. evaluation of work places.

   The Procedure is important for all companies doing business in Ukraine. Companies familiar with its provisions will be more likely to avoid misunderstandings when being audited for compliance with labour law.

   
   

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   For further information please contact partner Oleksandr Padalka
   and senior associate Illya Onyschenko