Penalties are imposed by the Head of the State Inspectorate of Labour, his deputies, heads of departments and divisions of StateLabour and their deputies (in matters within their competence), heads of territorial bodies of StateLabour and their deputies

As promised earlier, after returning from vacation Mykola Azarov, decisions adopted earlier began to appear on Government Portal. So, including the resolution of the Cabinet of Ministers «On approval of imposition of penalties for violations of law on employment” № 509 from 07.17.2013

This procedure defines mechanism for imposing on businesses and employers the penalties for violations of the law on employment under Sections 2 - 7. 53 of the Law «On Employment». In particular, penalties provided for in the following cases:

- Failure by employer during the year on quotas for employment of nationals referred to in Part 1 of Art. 14 of the Employment Act;

- Non implementation by entity to provide mediation services in employment abroad without obtaining a license, or hiring employees for the subsequent performance of work in Ukraine from another employer without proper authorization;

- Failure or disturbance of an entity that provides mediation in employment, information on persons employed, and so on.

It is understood that in the case when checking the employer's enterprise, any violation of legislation on employment is found, the officer of StateLabour or local agency files an act as authorized officer no later than ten days after the assembly decides imposing a penalty during proceedings.

The case must be considered in fifteen days from the date of decision. At the initiative of offending the term of hearing may be prolonged, but not more than ten days. As a result of proceedings authorized officer under previously compiled act takes a decision.

Imposition of penalties is made in two copies, one of which remains in StateLabour or its territorial body, and the other - sent within three days to the company or employer against whom was issued or to his representative, as it is its label of certified signature of the representative.

The penalty is paid within one month from the day of decision to impose it, as reported by the company or employer to StateLabour or territorial authority. Decision on imposing a penalty may be appealed in court.

Penalty unpaid voluntarily are charged in court:

- Territorial bodies of the State Service of employment on the basis of the case, which was sent to them from territorial authorities of StateLabour (penalties under Part 2, 5, 6. 53 of the Law on employment);

- Territorial authorities of StateLabour (with penalties under Part 3, 4, 7. 53 of the Law on employment).

According to experts, «dispersion» mechanisms of penalty on two regulations (penalty against employers and advertisers - in accordance with the procedure and an administrative penalty on their own officials - according to order N390) adds undue complexity to the process. Much more constructive would be to combine both mechanisms of penalty, as well as the mechanism of checks in one regulation.