Employment without a work record book: when the employer faces a fine
Employers face fines for hiring employees without a work record book or information about their employment history. Such a violation can cost the enterprise an amount equal to one minimum wage.
According to Article 24 of the Labor Code of Ukraine, when concluding an employment contract, the employee is obliged to provide the employer with a work record book (if available) or information about employment activity from the Register of Insured Persons of the State Register of Compulsory State Social Insurance.
Therefore, hiring after June 10, 2021, without one of these documents is considered a violation of labor legislation.
For such a violation, the employer may be held liable. According to paragraph 10 of part 2 of Article 265 of the Labor Code of Ukraine, other violations of labor law requirements entail a financial sanction in the amount of one minimum wage.
At the same time, experts note that detecting such a violation in practice is not easy. After the transition to electronic record-keeping, employers no longer keep employees' work record books or maintain their accounting in the Book of Work Record Books and Inserts.
Most often, the fact of violation can be established during an inspection visit if the employee was hired:
- as a primary place of work, although at the time of hiring they already had another primary place of work;
- part-time, although they did not have a primary place of work.
Specialists also emphasize that the legislation does not require the employer to make a copy of the employee’s work record book or keep it after hiring.
As previously written by the "Judicial and Legal Newspaper", Ukrainians are actively transferring work record books to digital format to preserve information about their work experience and avoid problems in the future. At the same time, after submitting documents through the Pension Fund portal, many unexpectedly receive a notification with the status "Execution Cancelled."
The Pension Fund reminds that after submitting electronic copies, the user can track the processing of the application by its status. The "Completed" mark means that the documents have been verified and the information about the work experience has been successfully entered into the system.
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