Among working population of our country, there is a significant percentage of welfare beneficiaries. They have additional guaranty in employment. However, often beneficiaries are refused to hire. What responsibility is provided?
Welfare beneficiaries are one parent or the person who replaces them and:
- has dependent children under the age of six years;
- brings up without husband or wife a child under 14 or a disabled child;
- supports without husband or wife disabled since childhood (regardless of age) and/or disabled of group I (regardless of disability reason).
In accordance with the Law of Ukraine 'On Employment' of 05.07.2012 № 5067-VI in case of default by the employer within a year quotas for the employment of welfare beneficiaries, the employer should pay penalty for each unjustified refusing to hire beneficiaries within the respective quotas in the amount of doubled minimum wage established at the time of violations detection.
Charging a penalty is carried out by the State labor Inspection (SLI) in Order, approved by the Cabinet of Ministers of Ukraine of 17.07.2013 № 509. According to this document in case of detection during inspection of entity or employer's violation of the legislation on employment officer from SLI or its territorial body puts together an act and authorized officer not later than 10 days after it makes a decision on legal investigation for charging a penalty. legal investigation should be done within fifteen days from the date of the decision on its approval. In case of getting from entity or employer a reasonable request on putting off legal investigation, time of its consideration might be extended by the Chairman of SLI, his deputies but not more than 10 days.
On legal investigation by SLI its territorial bodies should inform entities and employers no later than five days to the date of consideration by registered mail or by telegram , fax, telephone or by handing the message by their representatives. Copy of the message which should be in SLI or its territorial body has to be signed by a representative. legal investigation should be done with a representative of the business entity or employer. legal investigation should be done without a representative, if he is informed in accordance with paragraph 6 of the above Order and he did not send a reasonable request on putting off legal investigation.
legal investigation begins from the presentation of an authorized officer who considers it. The officer explains the parties, involved in the investigation, their rights and obligations. During investigation should listen to people who takes part investigation, investigate the evidence and decide whether to meet the request.
After legal investigation process authorized officer under the Act shall make appropriate decision. The regulation on charging a penalty should be drawn up in duplicate in the form approved by the Ministry of Social Policy of Ukraine, one of which should be in SLI or its territorial body, other - sent within three days to the business entity or employer or should be given to their representative. When you send a copy of the regulation by mail, in the paper of legal investigation process should be put relevant mark.
The penalty shall be paid within one month from the date of the decision to charge it. Business entity or employer should report to SLI or its territorial body about it. The regulation on charging a penalty might be appealed in court. Unpaid voluntarily penalties charged by courts:
- by territorial authorities of the State Employment Service on the basis legal investigation papers transferred to them by regional bodies of SLI (regarding penalties, provided by paragraphs two, five and six of Article 53 of the Law of Ukraine 'On Employment ');
- by territorial authorities od SLI (regarding penalties, provided by paragraphs three, four and seven of Article 53 of the above mentioned the Law).
