the Developers of the new draft Cao decided to pay more attention to violations of labour legislation. If the current code of administrative offences violations of labour law and occupational safety is devoted to only two articles (they concerned the violation of labor legislation in General and some of its parts), the new draft as many as twenty. “The isolation of separate compositions of administrative offences indicates that the question of reducing the number of violations in the field of labour law began to come to the fore” – said lawyer Michael Herman.
special attention deserves article about repeated violation of labor laws, which appeared in the draft Cao. For a second offense in the area of labour law were fined before. For each violation, committed repeatedly, was provided their own amount of the fine. Now decided to introduce a General article and a total penalty for all types of labor law violations that were committed again. The offense will be considered repeated if it is committed by two or more times for the same article.
for Example, for the admission of the employee to employment without passing the examination, the organization will have to pay a fine of 110 to 130 thousand rubles, if the violation concerns a single worker. And from 130 to 150 thousand if it concerns two or more employees (according to the new draft of the administrative code).
According to the article, if the offence is committed again, the fine may be twice. “The question for the consideration of administrative offences in the sphere of labour legislation referred to the competence of the court. The judge depending on the circumstances of each case assigns a penalty in accordance with the law,” says lawyer Iryna Shakhray.
