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RESOLUTION OF THE CABINET OF MINISTERS OF UKRAINE

of August 21, 2019 No. 823

Some questions of implementation of the state supervision and control of compliance with law of work

(as amended of the Resolution of the Cabinet of Ministers of Ukraine of 04.12.2019 No. 1132)

According to the International Labor Organization Convention No. 81 of 1947 about inspection of work in the industry and trade ratified by the Law of Ukraine of September 8, 2004 No. 1985-IV parts one of Article 259 of the Labor code of Ukraine the Cabinet of Ministers of Ukraine decides International Labor Organization Conventions No. 129 of 1969 about the inspection of work in agricultural industry ratified by the Law of Ukraine of September 8, 2004 No. 1986-IV:

1. Approve such which are applied:

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.

Prime Minister of Ukraine

V. Groysman

Approved by the Resolution of the Cabinet of Ministers of Ukraine of August 21, 2019 , No. 823

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 physical persons which use wage labor (further - subject to visit), taking into account the features determined by the International Labor Organization Convention No. 81 of 1947 about inspection of work in the industry and trade ratified by the Law of Ukraine of September 8, 2004 No. 1985-IV, the International Labor Organization Convention No. 129 of 1969 about the inspection of work in agricultural industry ratified by the Law of Ukraine of September 8, 2004 No. 1986-IV and the Law of Ukraine "About the basic principles of the state supervision (control) in the sphere of economic activity" (further - the Law).

Measures of the state control of compliance with law about work, except actions for questions of identification of not properly executed employment relationships, are performed according to requirements of parts four and the fifth article 2 of the Law.

2. Events of the state control of compliance with law about work are held in the form of the inspection visits which are carried out by inspectors of work of Gostrud and her territorial authorities.

Control measures behind compliance with law about work are performed by inspectors of work of 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 state guarantees in compensation, registrations of employment relationships) (further - executive bodies of councils) in the form determined by paragraph one of this Item.

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 which is provided Gostrud and her territorial authorities.

The basis for issue of the official ID 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 completed accounting card of data of the inspector of work according to the form approved by Minsotspolitiki encloses.

State work will promulgate information on the issued official IDs of inspectors of work.

The official ID concerning which information is promulgated is considered invalid.

The inspector of work instantly notifies Gostrud on loss of the official ID.

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