In order for workers to finally emerge from the “shadow”, a little is needed: to change their legal awareness and legal awareness of employers. The Labor Code and … the labor inspector can help with this.
Tells “Law and Business”.
Is it better in the light?
There are several main reasons for the instability of the labor market: business does not trust the state and workers with low social responsibility. An even more trivial reason not to register labor is high cost. That is why, after announcing the appearance of the draft Labor Code, a committee of the Association of Labor Lawyers arrange a meeting to discuss its potential content and impact on the current situation on the labor market.
After all, the market, in fact, stands idle: employees of IT companies are not considered as such, everyone becomes individuals – entrepreneurs. It is enough to say about digital sphere, but even waiters use this scheme to rent tables in restaurants.
Shadow employers often choose outsourcing or civil contracts from their arsenal of workarounds. After all, they know: if a labor inspector suddenly arrives, he does not need to show papers, because it is none of his business. In a word, everyone tries to touch with the Labor Code a ten foot pole, and at the same time it is unknown whether they will trust the democratic Labor Code, as it is painted, while is not published.
Although the Labor Code of the Soviet era is called such that it takes the side of workers, new ideas throw even more firewood into the fire. Therefore, people have a chance to get a paid weekend, and young and green people who are employed will not pay income tax for individuals until they are 26 years old.
At the same time, employers who complain of red tape with recruitment and dismissal may receive from the legislator a simplified mechanism for such procedures. Lawyers approve of innovation.
The chairman of the committee, Sergey Silchenko, called on the authors of the project to reduce the paper volume when applying for a job. And official employment should be carried out a few days after being hired and started to fulfill its duties.
In addition, employers who faithfully fulfill all the requirements of the law should receive some kind of reward from the state. There are many things that are truly capable of motivating them. S. Silchenko jokingly suggested that such a difference could be insurance for 5 years from the inspection visit.
In practice, without such a model, employers primarily suffer, or rather, the part of them that adheres to the letter of the law. An employee is recruited and they are waiting for him on Monday at 9:00, but he is not coming. This setup costs money and nerves, and also partially answers the question of why a person works without an entry in the work book.
Representatives of small and medium-sized businesses consider uninvited guests as labor inspectors another enemy. The latter behave as if they were all allowed. However, their role, according to the new code, will not decrease, but rather increase.
Controllers they love
Representatives of the state, who verify compliance with the Labor Code, businessmen do not like it primarily because they do not trust it. However, Igor Degner, director of the state labor department of State Service of Ukraine for Labor, believes that the inspection should be regarded as a free audit and in fact be like that. And while updated labor laws will start flying under a liberal flag, the authority of the inspection should be strengthened.
There are cases that confirm the complete lack of authority of such auditors. It even happened that they were subjected to physical violence.
In a comfortable and effective legal environment, both employers and employees must understand that it is not beneficial for them to violate labor laws. For this, there must be a real sanction, even the very existence of which will be preventive in nature.
However, the main thing should be that the inspector, coming to the enterprise, assess the existence of an employment relationship. Although they are scattered around the code, as I. Degner noted, lawyers do not approve of their consolidation.
In aggregate, labor shortcomings that may be embodied in the law do not yet have unequivocal support.
However, lawyers with cautious optimism rely on doctors of science in labor law who are in parliament and work on a new set of rules in labor relations.