How can you defend yourself against the verdict of labor inspection

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If the labor inspection in the company reveals shortcomings, you have the option to appeal against it to the National Labor Inspectorate and later to the court.

If you are unexpectedly visited by a business inspector from a labor inspection, it’s never pleasant. Inspectors can nurture employers for a number of things for which entrepreneurs are responsible. If a company detects a violation of employment policies, they can charge a high fine.

There are several ways to prevent an inspection decision. First of all, it will be included in the inspection report. If the inspectors do not accept, you can appeal to the National Labor Inspectorate with the request to revoke the decision of the lower authority. If your objections are rejected by ten, the last option will remain. Ask the General Court to review the inspection decision.

Running control

Inspectors in most cases did not inform employers in advance. An unannounced check often reveals violations that employers have failed to hide. There is also the possibility of a reported check at which the Labor Inspectorate determines the day and the exact hour. Officials have the right to enter the premises of the company, access the workplaces, and have access to all documents when checking compliance with the company’s work regulations.

“The employer must allow access to the premises of the company and the workplaces, thereby creating an uninterrupted and rapid workplace inspection,” explains lawyer Róbert Bános. The company must inform the inspectors of all workplace hazards that can not be removed. The threat of workplace injuries is jeopardized not only by employees themselves, but also by visitors from the outside.

Officials have all the documents and facts. It is up to twice as much, especially when fines are imposed. They can therefore obtain backgrounds and produce outputs in the form of photo documentation, video, or even audio recordings. The most up-to-date documents that an inspection may carry out are corporate documents, in particular, extracts from the business register or trade license. You must also provide labor law documents, including in particular employment contracts, applications to the Social and Health Insurance Company, employment records of employees or holiday receipts. Finally, the inspectors draw up a protocol. During the inspection and all documented violations found by the inspection.

The most common violations

Mistakes for which the authorities impose the most fines are related to wage payment. Attorneys that deal with this agenda point to problems in employee payouts.

“Most often, we represent clients in non-payment of wages, non-payment of wages for overtime work, lack of evidence of work and illegal employment,” confirms Bános. In addition to problems with unfulfilled instances, labor law standards are violated in practice. There are various problems in working relationships or termination of employment. These statistics are also documented by the Labor Inspectorate.

“Labor inspectorates often experience unpaid wages in full or in time, failure to provide wages at the minimum wage, lack of employment contracts, and mismanagement of working time,” says Marek Heinrich, a spokesman for the Bratislava Laboratory. In some cases, employers do not provide adequate protection for disadvantaged groups of people. These are mainly women, pregnant women, adolescents and people with disabilities.

Another area in which inspectors find a number of employer defaults is health and safety at work. A frequent violation of regulations is the failure to provide personal protective equipment. Common signs such as protective gloves, spectacles, helmets, or clothing are considered to be such labels. Employing “nasty” is an area against which the Labor Inspectorate is struggling very hard. It has therefore set up a register of persons who have violated the ban on illegal employment. Labor inspections also record statistics on the number of illegal workers in our country. In September, inspectors uncovered 255 illegal workers and 84 companies employing people brutally. This is more than the last figure in August when the inspection revealed 216 illegal workers and 74 companies.

How to prevent an inspection?

1. If the company inspection revealed deficiencies, you have the option of submitting your statement on the detected mistakes in your report.

2. The opinion shall be assessed by the inspector who drew up the inspection report.

3. Another option is to file a law suit against the protocol. It is not possible to appeal the decision to the National Labor Inspectorate. Ten decides on the outcome of the appeal by a decision which either upheld the appeal or rejected it.

4. It is possible that the inspection itself, which granted the fine, changed and annulled the contested decision in its entirety.

5. If the Labor Inspectorate issues a decision to impose a fine, the employer may file an appeal

 
6. Entrepreneurs also have the opportunity to make a decision if the decision is already valid. Any such decision may be brought to the appropriate court. The employer may appeal to the court before the general court for the results of the inspection and for the lawfulness of the inspectorate’s inspection procedure.

What penalties can the inspectorate save?

Occupational injury – The maximum fine that the authorities can charge is hundreds of euros. It is imposed for an occupational accident involving death or serious injury. The lower limit of the fine in this category is 33-thousand euros.

Illegal employment – Fines for illegal employment can rise from two thousand euros to the sum of 200 euros for the most serious violations.

Unaccompanied activity – If you employ people without the necessary permits, certificates or licenses, the inspection will impose a fine of € 300 to € 33,000.

Failure to perform an inspection – if the inspection revealed deficiencies in the company and did not remove them, a fine of between EUR 300 and hundreds of euros is imposed.

Source: www.hnonline.sk

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