What liability is envisaged for an employer who violates the law when using the labour of employees with non-fixed working hours?

For employers who use the labour of employees with non-fixed working hours, both general labour law and special liability for this type of labour relationship apply.

Special liability when using the labour of employees with irregular working hours:

1) Penalty for exceeding the permissible number of contracts with non-fixed working hours:

• If an employer enters into more than 10% of such contracts out of the total number of employment contracts (more than one for companies with fewer than 10 employees), a fine of three times the minimum wage is imposed for each employee in respect of whom the violation was committed.

2) Penalty for keeping inaccurate records of working hours:

• In the case of inaccurate record-keeping of working hours of an employee with irregular working hours, a fine of three times the minimum wage for each such employee is also provided.

General liability in case of missed wage payment deadlines:

1) Financial liability of the employer in accordance with the labour law:

• Fines for delay in payment of wages for more than one month or payment of wages in full - three times the minimum wage.

2) Administrative liability of officials in accordance with the legislation on administrative offenses:

• Fines on company officials for violation of the established terms of payment of wages and payment of wages in full - in the amount of 30 to 100 non-taxable minimum incomes (repeated violation, or committed in relation to particularly vulnerable categories of the population, in the amount of 100-300 NTMI).

3) Criminal liability of the manager in accordance with the Criminal Code:

• Penalty for unjustified non-payment of wages for more than one month committed intentionally by a director of an enterprise is in the amount of 500 to 1000 tax-free minimum wages or correctional labour/imprisonment for up to two years with a ban on managerial activities for up to three years.

In addition to the above-mentioned types, employers may also be held liable for failure to comply with statutory guarantees for employees, namely for

• Illegal dismissal of employees;
• Violation of labour protection rules;
• Failure to fulfil obligations under collective bargaining agreements;
• Obstruction of the legitimate activities of trade unions;
• Failure to provide vacations;
• Violation of working hours;
• Discrimination against employees;
• Failure to provide proper working conditions.