The relevant order of the Ministry of Economy of May 19, 2020 № 919 entered into force.

What does approval of a warning form mean?

This form should be provided to all employers based on the results of inspection visits.

It should be noted that in accordance with the Procedure for state control over compliance with labor legislation (paragraph 16) based on the results of the inspection, in addition to the act and order, the labor inspector must also fill out and issue a warning of liability for violation of labor legislation.

Prior to the appearance of the approved warning form, the procedure for registration of inspection results did not work completely. Therefore, employers had reason to claim that fines for violations of labor laws were applied to them illegally.

However, giving a warning to the employer does not mean that he has to pay a fine based on the results of the inspection. This form only warns that the current legislation provides for certain liability for violations identified by the employer.

The basis for the payment of a financial fine (under Article 265 of the Labor Code), as before, is only the decision of the authorized official of the State Labor, and for the administrative fine (under Article 41 of the Code of Administrative Offenses) - a court decision on an administrative offense.

As stated in the explanatory note to the draft Order №919 on the approval of the form, “currently the form of the warning is not defined, which makes it impossible to ensure the implementation of Art. 265 of the Labor Code.

Now that the warning form has been approved, the State Labor Service will be able to impose fines under Art. 265 of the Labor Code, without the risk of their cancellation due to non-compliance with the procedure for registration of the inspection.

What does a warning look like?

The warning form itself contains general information and a table. The general part will contain information about the labor inspector who issued the warning and about the object of the visit. The table will indicate the content of the identified violation, references to the rules of law (regulations) that have been violated, and the rules of law under which liability applies.

How will the warning be sent?

As provided for in the procedure, copies of the notice will be provided to employers personally under signature or, if personal delivery is not possible, will be sent to the objects of visit by registered letter with acknowledgment of receipt.