About penalties for violation of the legislation on work and labor protection (Chast1) ofa number of laws, so-called « was at the end of last year adopted; pension » package; laws. The official site of Pension Fund of the Russian Federation selects 8 such laws (pfrf. ru/paketzak/), but would be desirable to pay attention to one of them which increases penalties for violation of the legislation on work and about labor protection, it the Federal law from is called 28. 12. 2013 N 421 - Federal Law “ About modification of separate acts of the Russian Federation in connection with adoption of the Federal law “ About a special assessment of working conditions “
In it 421 - Federal Law is article 11 which begins the words “Bring in the Code of the Russian Federation about Administrative Offences the Following Changes“. However before to speak about changes, let`s remember what penalties exist now. Now in the Administrative Code there is unique article 5. 27 “Violation of the legislation on work both about labor protection“ and under this article the following penalties (sanctions)
the official (O) of 1 - 5 t are provided. river,
the person which is carrying out business activity without formation of legal entity (SP) - 1 - 5 t. river or suspension of operations (PR) - 90 days,
the legal entity (LE) - 30 - 50 t. r or PR - 90 days
For repeated violations suffer from DL disqualification (dihard currency) - 1 - 3 years.
Such here administrative responsibility exists now. Penalties if to compare to firefighters or Rostekhnadzor (at least 150 and 200 t. river on SPINNING TOPS respectively) small. As we see, there is some disproportion in the sums of penalties and it is decided to correct. How it becomes by means of article 11 421 - Federal Law? Rather simply.
In - the first, the existing article 5. 27 The Administrative Code is renamed and its name “Violation of the Labour Legislation and Other Regulations Containing Standards of the Labour Law“ and quantity of parts in it sounds increases to 5 (five). It is more interesting to become? We read the law further.
p.1 - Violation of the labor legislation and other regulations containing standards of the labor law if other is not provided by parts 2 and 3 of the present article and article 5. 27. 1 Administrative Code attracts the prevention or imposing of an administrative penalty on DL - 1 - 5 t. river, SP - 1 - 5 t. the river and SPINNING TOPS - 30 - 50 t. ruble
Pay attention that according to sanctions, this part practically repeats p.1 the existing article without disqualification and a suspension and there is prevention. Even became softer, but we continue studying of the document
of the p. 2 - The actual assumption to work as the person who is not authorized on it by the employer in case the employer or his representative on it the representative refuses to recognize the relations which arose between the person which is actually allowed to work and this employer, the labor relations (does not conclude with the person which is actually allowed to work, the employment contract) attracts imposing of a penalty on citizens of 3 - 5 t. r, on DL - 10 - 20 t. the river
Rather interesting part of article in which there is neither SP, nor SPINNING TOPS i.e. is not present the employer. Here, probably such situation is considered. The foreman Vasya with whom the employment contract is signed brings on building of workers like Ravshan and Dzhamshut who work together (instead of) with Vasya`s crew. All arrangements oral, these people on building as if are also them as if is not present, and Vasya`s director does not see them, does not know and respectively brings down everything on Vasya to whom the penalty threatens. Whether some sanctions directly will be applied to the employer if he suddenly begins to protect Vasya and recognizes the labor relations with Ravshan and Dzhamshut? We study article further.
p. 3. Evasion from registration either inadequate registration of the employment contract or the conclusion grazhdansko - the legal instrument which is actually governing the labor relations between the worker and the employer attracts imposing of a penalty on DL - 10 - 20 t. river, SP - 5 - 10 t. the river, SPINNING TOPS - 50 - 100 t. As we see river
, sanctions to the employer or his authorized officer already more rigid. Having considered the first 3 parts of new article 5. 27 Administrative Code we did not find sanctions for the persons which are earlier subjected to responsibility for a similar offense since these sanctions are provided in the p. 4 and 5 anywhere.
p. 4. Commission of the administrative offense provided by part of 1 present article, the person which is earlier subjected to administrative punishment for a similar administrative offense attracts imposing of an administrative penalty on
DL - 10 - 20 t. r or dihard currency. 1 - 3 years
of SP - 10 - 20 t. river
of SPINNING TOPS - 50 - 70 t. river
of the p. 5. Commission of the administrative offenses provided by part 2 or 3 of the present article, the person which is earlier subjected to administrative punishment for a similar administrative offense attracts imposing of a penalty on
citizens of 5 t. river, DL - dihard currency. 1 - 3 years, SP - 30 - 40 t. the river, SPINNING TOPS - 100 - 200 t. As we see river
, the sums a penalty changed and it is rather essential. In terms of money at the first check of the sizes of penalties by State Labour Inspection can be for
citizens - 3 - 5 t., DL of 21 - 45 t. r, SP - 6 - 15; SPINNING TOPS of 80 - 150 t. river. and these sums run without labor protection as you noticed, the phrase labor protection does not occur even in the name of new article. Really forgot about labor protection? Did not forget at all, in vain, perhaps accepted the whole package of laws and including (well as not to mention it) the Federal law from 28. 12. 2013 No. 426 - Federal Law “About a Special Assessment of Working Conditions“. However, we will return to article 11 421 - Federal Law.
In - the second, this article 11 adds new article 5 to the Administrative Code. 27. 1 which is called “Violation of the state standard requirements of labor protection which are contained in federal laws and other regulations of the Russian Federation“ and this article contains 5 (five) parts too, but we will continue analysis of the new, still not existing article Administrative Code later.
I thank for attention.