The fines, which were discharged by the labour Inspectorate can be cancelled in court.
The decision of the Cabinet on the state labour Inspectorate declared illegal in the court of appeal. It was the lawyers from the Dnieper were made to the labor Inspectorate have ceased “koshmarit” small and medium business. And here, on 14 may, the Kyiv appeal court found their claims and ruled that the Cabinet’s decision Getrude violates quite a lot of the current norms and conventions.
“Gastrula can’t walk on inspections in the form in which it was created and the powers with which he was endowed. Inspectors (by the way, in order to become an inspector on labor do not need specialized education and skills to take actually anyone) can come anytime, in any company and to carry out an inspection and issue a multi-million fines. This violates not only current standards, but also international conventions on labor,” says the lawyer Yuk CompLex Group Julia franskevich.
But to win in the court of appeals it does not mean to completely defeat overgrown for a couple of years Hydra under the name of “labour Inspectorate”. In addition, the Cabinet of Ministers, likely will compete for Rostruda, referring to the court of cassation complaint (they still have almost a month). But in the regions too, too, are the courts established by local authorities the labour inspection. So in the river for a court challenge the establishment by local authorities of the Dnieper labour Inspectorate.
“Entrepreneurs who were inspectors fined can go to court with a demand to recognize their actions are illegal,” he franskevich.
Those to whom the labour inspectors only came to check or coming in the near future can write letters to them that the Cabinet’s decision Getrude already invalid (since may 14, according to the decision of the Kyiv court of appeal) and if the local inspection still continue to check is to go to court.
“We hope that people will take advantage of our victory and also go to the courts. Now we already have an algorithm to counter the checks and and marine practice for the abolition of penalties. We can oppose illegal inspections”,- assured the lawyers.
Author: Christina Vykhristenko