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RESOLUTION OF THE CABINET OF MINISTERS OF UKRAINE

of April 26, 2017 No. 295

Some questions of implementation of Article 259 of the Labor code of Ukraine and article 34 of the Law of Ukraine "About local self-government in Ukraine"

According to part one of Article 259 of the Labor code of Ukraine the Cabinet of Ministers of Ukraine decides:

1. Approve enclosed:

Procedure of the state control of compliance with law about work;

Procedure of the state supervision of compliance with law about work.

2. Make changes which are applied to resolutions of the Cabinet of Ministers of Ukraine.

3. Recommend to city councils of the cities of regional value and village, settlement, city councils of the integrated territorial communities when implementing the powers provided by part three of article 34 of the Law of Ukraine "About local self-government in Ukraine", be guided by this resolution.

4. Recognize invalid:

the resolution of the Cabinet of Ministers of Ukraine of November 17, 2010 "About approval of criteria by which the risk degree from implementation of economic activity by subjects of managing regarding observance of requirements of the legislation on work is estimated and is determined No. 1059 frequency of implementation of planned actions of the state supervision (control)" (The Official Bulletin of Ukraine, 2010, No. 88, the Art. 3099);

the resolution of the Cabinet of Ministers of Ukraine of October 10, 2012 "About modification of criteria by which the risk degree from implementation of economic activity by subjects of managing regarding observance of requirements of the legislation on work is estimated and is determined No. 937 frequency of implementation of planned actions of the state supervision (control)" (The Official Bulletin of Ukraine, 2012, No. 77, the Art. 3127).

Prime Minister of Ukraine

V. Groysman

Approved by the Resolution of the Cabinet of Ministers of Ukraine of April 26, 2017, No. 295

Procedure of the state control of compliance with law about work

General questions

1. This Procedure determines the procedure of implementation of the state control of compliance with law about work by legal entities (including their structural and separate divisions, not being legal entities) and the physical persons using wage labor (further - subject to visit).

2. The state control of compliance with law about work is exercised in the form of carrying out inspection visits and inspections not eligible to travel abroad by inspectors of work:

State work and its territorial authorities;

executive bodies of city councils of the cities of regional value and village, settlement, city councils of the integrated territorial communities (concerning timely and in full compensations, observance of the minimum guarantees in compensation, registrations of employment relationships) (further - executive bodies of councils).

3. Inspectors of work are officials of Gostrud and her territorial authorities, executive bodies of councils (further - control facilities) which job responsibilities provide powers on implementation of the state control of compliance with law about work (further - control powers).

Control powers of the inspector of work are confirmed by the official ID of the form established by Minsotspolitiki issued Gostruda.

State work keeps the register of certificates of inspectors of work.

The basis for certification of the inspector of work to the official of executive body of council is the letter of the rural, settlement, city chairman to which the accounting card of data of the inspector of work according to the form approved by Minsotspolitiki is put.

The certificate concerning which there is no information in the register of certificates of inspectors of work is considered invalid.

About loss of the certificate it is instantly reported to the head of executive body of council and Gostrud.

In case of decision making about cancellation of the right and in case the certificate is spoiled or lost, information on him is excluded from the register of certificates of inspectors of work.

4. The procedure for creation and form of the act, reference, instruction, requirement are determined by Minsotspolitiki.

The procedure for creation and form of magazines, instructions for document creation constituted by preparation in the course and by results of inspection visit, inspection not eligible to travel abroad, procedure for notifying registration of inspection visits and decisions of the inspector of work on visit of the employer, the stipulated in Item 33 presents of the Procedure, are determined Gostruda.

Forms of the official ID of the inspector of work, the act, the reference, the instruction, the requirement, the list of the questions which are subject to inspection are published on the official site of Gostrud.

Carrying out inspection visits and organization of exit inspections

5. Inspection visits are carried out:

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