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OCCUPATIONAL SAFETY AND HEALTH
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Violation of labor protection rules. Occupational Safety and Health

Occupational Safety and Health

Occupational Safety and Health / Legislative basis for labor protection

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Given the importance of ensuring the rights of an employee in the field of labor protection, the state establishes administrative and criminal liability for violation of labor laws.

К administrative responsibility may be involved: an employer (an official - the head of an organization, regardless of the legal form and form of ownership), an individual entrepreneur, a legal entity. Thus, an official of an organization who has violated labor and labor protection legislation may be fined from 5 to 50 minimum wages, and for a repeated offense - disqualified for a period of one to three years (Article 5.27 of the Code of Administrative Offenses of the Russian Federation ). For legal entities and individuals engaged in entrepreneurial activities without forming a legal entity, a new type of administrative penalty is provided as an alternative to an administrative fine - an administrative suspension of the activities of these entities for up to 90 days.

You should know that only officials of the Federal Labor and Employment Service and state labor inspectorates subordinate to it are entitled to draw up protocols on administrative offenses. However, only judges have the right to consider cases of an administrative offense for the application of punishment in the form of an administrative suspension of activity.

An official who negligently violated the rules of labor protection, if this caused serious or moderate harm to human health or his death, is held criminally liable in accordance with Art. 143 of the Criminal Code of the Russian Federation. Article 145 of the Criminal Code of the Russian Federation also provides for criminal liability for unjustified refusal to hire or unjustified dismissal of a pregnant woman or a woman with children under the age of three.

Criminal liability managers and other officials of the employer can have both a property nature (a fine of up to 200 thousand rubles) and a personal one (compulsory work for a period of 120 to 180 hours - Article 145 of the Criminal Code of the Russian Federation; corrective labor for up to two years or deprivation freedom for up to one year - part 1 of article 143 of the Criminal Code of the Russian Federation, imprisonment for a term of up to three years with deprivation of the right to hold certain positions or engage in certain activities for up to three years or without it (part 2 of article 143 of the Criminal Code of the Russian Federation ).

Author: Bobkova O.V.

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