From a harmless request from the labor administration and social protection of the population to a full inspection of the State Service of Ukraine on labor issues: how to prevent it. 11/03/2020

Recently, quite often, seemingly harmless letters have come from departments of labour and social protection of the population of local administrations asking them to provide this or that information, often calling such requests monitoring.

But are these requirements legal, and how to respond to such requests?

In order to obtain legal assistance, specialists of the Felix Legal and Security Enterprise asked a business entity to legally competently conduct an inspection of the Main Directorate of Gostrud in the Kharkiv region.

During the follow-up of this check, the employees of the Felix UOP found that at one time the Office of Labor and Social Protection of the Population of the Shevchenkovsky District Administration of the Kharkiv City Council sent a request to this enterprise with a request to provide certain information. Usually requested indicators of social and labour relations, information on the level of remuneration, the presence of a collective agreement, etc. The enterprise provided the requested information, but the answer was legally illiterate, which later entailed the appeal of the Labor and Social Security Directorate to the Main Directorate of Gostrud in the Kharkiv region with a request to conduct an audit of this enterprise.

Only high-quality legal support of this audit by lawyers of the Felix Law Firm allowed the company to receive an audit report without violations and not to “get hold” of the order of Gostrud.

But in this case, one could not have brought the State Labor Inspectorate to an inspection if, at the time of receiving a request from the Department of Labor and Social Protection of the Population, this enterprise would promptly seek legal assistance from the lawyers of Felix Law Firm. In this case, a correctly prepared answer by lawyers would not even give rise to the appearance on the threshold of the enterprise of an inspector of the Main Directorate of Gostrud in the Kharkiv region.

 

Senior lawyer
Andrey Mezheritsky