This Bill (Reg. No.4060), tabled by the Cabinet of Ministers, is aimed at overcoming wage arrears, which is a shameful phenomenon of our society.
The Bill will provide the necessary legal mechanism to reduce the number of offences and crimes concerning labour.
The Bill proposes to strengthen the economic sanctions laid down in Clause 175 of the Criminal Code of Ukraine, and at the same time reduce criminal liability in the form of custody for a crime committed by officials of business entities. This legal rule is in line with the course taken by Ukraine for the adaptation of its current legislation to that in the EC countries, with respect to the reduction in criminal liability in the form of custody, and instead strengthening the economic sanctions against the infringers.
The reason underlying these amendments is, according to the authors, the very rare occasions of custody awards made pursuant to the current rule in the Criminal Code.
A strengthened Administrative Liability is also envisaged in cases of failure to fulfil legitimate claims by Officials of the bodies operating under a specially authorised Executive Office for the State supervision of compliance with the labour legislation, necessitating the elimination of violations associated with the labour and obligatory State social insurance legislation, and obstruction of activities by said bodies.
The Committee Secretariat reported that there is a need for legal regulation, and the introduction of stricter sanctions against administrative and criminal violations, brought about by the limited liability for violations of the Labour Law which has resulted in an increase in the overall number of such offences.
A further reason for the drawing up of this Bill by The Ministry of Labour and Social Policy is the requirement for a greater improvement in the social protection of citizens´ labour rights guaranteed by the Constitution of Ukraine, and effectively bringing to life the main guidelines of Ukraine´s Social Policy.
The passing of this Bill will allow the State Authorities to exert a more efficient influence on processes in the labour sphere, to secure the right of all citizens to an appropriate labour remuneration, to reinforce and strengthen the liability of those violating the Labour Law, and to improve social stability within our society.