Liquidation of enterprises subject to violation of labor protection. Occupational Safety and Health

OCCUPATIONAL SAFETY AND HEALTH
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Liquidation of enterprises subject to violation of labor protection. Occupational Safety and Health

Occupational Safety and Health

Occupational Safety and Health / Legislative basis for labor protection

At present, despite the reduction in employment of the population, the liquidation and reorganization of a number of hazardous and heavy industries, the situation with the realization of the right of citizens to safe working conditions remains unsatisfactory. The level of injuries and occupational diseases at enterprises and organizations of all forms of ownership continues to be high. The change in the labor protection management system, the reduction of its financing, the unsatisfactory material and technical support for labor safety, the incompetence of many managers and officials in matters of labor protection have led today to the fact that tens and hundreds of workers are dying in production.

Among employers, facts of hiding accidents from accounting are common. The bodies of the Federal Labor Inspectorate do not respond actively enough to facts of violations of labor protection legislation. Prosecutorial oversight is also insufficient.

Measures of criminal liability are not always applied to the perpetrators. There is no interaction with authorities and administration, public and human rights organizations, the media to collect, analyze and verify information about violations of labor protection legislation.

In accordance with the current legislation, state labor inspectors, when exercising state supervision and control over compliance with labor legislation and other regulatory legal acts containing labor law norms, have the right to send requests to the courts for the liquidation of organizations or the termination of the activities of their structural divisions due to violation of labor protection requirements. This requires the presence of the conclusion of the state examination of working conditions. In such cases, the decision to liquidate the organization or terminate the activities of its structural unit is taken only by the court and no other body.

However, the right is granted, but in practice it is not implemented. There is also no case law on this issue. It seems that it is in the interests of employers to correct the violations identified by inspectors than to completely liquidate the enterprise.

Author: Bobkova O.V.

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