Who and what will the State Labor Service fine in 2021?
28.01.2021 16:05
One of the most common fears of an employer is an inspection by the State Labor Service, as the amount of the fine that an inspector can issue is simply enormous. In 2021, the amount of the fine is tied to the minimum wage, so from January to December, the fine will be slightly less than in December.
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What can be fined for |
How much will you have to pay |
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From January 1, 2021 |
From December 1, 2021 |
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Admission to work without a labor contract. Employment of a part-time employee when the employee actually works full-time. Paying salaries without withholding taxes and unified social tax. |
10 minimum wage (minimum salary) for each unregistered employee - UAH 60,000 |
10 minimum wages for each unregistered employee - UAH 65,000 |
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Instead of a fine, employers of the single tax of groups 1-3 (individual entrepreneurs and legal entities) will be issued a warning |
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For repeated violation within 2 years, a fine of 30 minimum wages - UAH 180,000 |
For a repeated violation within 2 years, a fine of 30 minimum wages - UAH 195,000. |
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Not allowing an inspector to conduct an inspection on issues of previously identified violations or creating obstacles during the inspection |
16 MFA - 96 000 UAH |
16 MFA - 104 000 UAH |
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Violation of the terms of payment of wages, delay of more than 1 month |
3 MFA - 18 000 UAH |
3 MFA - 19 500 UAH |
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Salary is less than the minimum wage |
2 MFA - 12 000 UAH |
2 MFA - 13 000 UAH |
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Failure to comply with guarantees and benefits for employees engaged in the performance of duties provided for by the Laws of Ukraine "On Military Duty and Military Service", "On Alternative (Non-Military) Service", "On Mobilization Preparation and Mobilization" |
4 minimum wages for each employee - UAH 24,000 |
4 minimum wages for each employee - UAH 26,000 |
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Instead of a fine, employers of the single tax of groups 1-3 (individual entrepreneurs and legal entities) will be issued a warning |
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Failure to allow an inspector to conduct an audit of compliance with labor laws or creating obstacles during the audit |
3 MFA - 18 000 UAH |
3 MFA - 19 500 UAH |
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Violation of other requirements of labor legislation |
1 MFA - 6 000 UAH |
1 MFA - 6 5000 UAH |
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For a repeated violation within a year, 2 minimum wages - UAH 12,000. |
For a repeated violation within a year, 2 minimum wages - UAH 13,000. |
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These fines are financial sanctions. In addition, Chapter 27 of the Commercial Code provides for administrative fines.
Due to recent amendments, Article 265 of the Labor Code has a new provision: if a sole proprietor or legal entity pays 50% of the fine within 10 banking days from the date of delivery of the decision to impose a fine, such a decision is considered to be executed.
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