The Ministry of social policy: “shadow” salaries will be introduced fines

Now for the illegal employment relationship need to take responsibility.

Мінсоцполітики: за «тіньову» виплату заробітної плати буде введена система штрафів

Ukrainian government proposes to define at legislative level the concept of the employment relationship, as well as signs of the existence of an employment relationship, and then to penalize employers for labour exploitation in the framework of “shadow” employment, informs Rus.Media.

About it reported in a press-service of the Ministry of social policy the project “On amendments to some legislative acts of Ukraine on strengthening the protection of the rights of workers and to prevent the use of undeclared work”.

Thus, the draft proposes to amend article 21-1 of the Labor code, according to which measures are envisaged in the absence of three or more of these signs:

  • face periodically provided compensation in cash or in kind for work performed for the benefit of another person;
  • the person personally performs work on specific skills, positions or instructions from and under the control of the person for whom the work is done;
  • the remuneration for the work is the only source of income of a person, or is 75% of the income for 6 months;
  • the organization of working conditions, in particular, the provision of the means of production is provided by the person in whose interests the work is done, or an authorized person;
  • the person performs the work performed by such permanent employees of the employer.

In the Labor code will also be officially entered the definition of “employer – owner of the enterprise, institution, organization or authorized body or physical person within the employment relationship uses hired labor. The amendment will be made to article 21 of the Labor code.

Earlier in the State service of Ukraine on labour issues, said that in 2018 in Ukraine was fined 1738 employers for the use of hired labor without official registration of labour relations. Hotrod warns that they will continue to penalize employers after inspections in 2019. Action will be taken and if work is used without notification to DFS and “the substitution of labour relations civil law”.

At the end of 2018, the UN has invited Ukraine to strengthen control over withdrawal of capital out of the shadows, including encouraging citizens to apply for official work. Thus, the government will be able not only to ensure the stable increase of social payments (pensions, allowances, benefits) and wages for civil servants, but also to create new jobs for the population.

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