After years of delays and rejections State Labour Service extends permit validity term for dairy plant
Subject of complaint: The Main Department of the State Labor Service of Ukraine in Kharkiv Oblast (SLS)
Complaint in brief: A dairy plant from Kharkiv Oblast addressed the Council. The company complained against the SLS which delayed the renewal of the permit for performing hazardous works and exploiting hazardous machines, mechanisms, and equipment (permit).
In order to obtain this permit, the company must submit an occupational and production safety report to the SLS and officials must confirm the company’s capability to perform hazardous works.
In late 2018, the dairy plant appealed to the SLS with a request to extend the permit validity term. However, the authority kept quiet for four months. When the Complainant once again reminded of himself, the SLS reported the extension was only possible after the unscheduled company inspection. To do this, the company had to apply with a corresponding application to the SLS. We would like to point out under the legislation a public service cannot refuse extending permit validity term for the company should it have no violations.
Realizing that the SLS rejected unreasonably, the Complainant applied to the Main Department of the SLS and the Ministry of Social Policy for assistance. These government agencies supported the company and confirmed that SLS had to extend the permit term. One advised to reapply.
However, the SLS refused again. This time, for reasons associated with obtaining another permit in 2014-2015, which the SLS never mentioned about before at all. At this stage, the company appealed to the Business Ombudsman Council.
Actions taken: The Council’s investigator examined the documents and circumstances of the case. She concluded the SLS had repeatedly violated the procedure as well as permit issuance terms. In particular, when re-examining documents, a refusal to issue a permit document to the applicant for reasons not previously stated in the written notice is prohibited.
In order to quickly understand the situation, the investigator called the SLS officials and discussed the company’s issues. In addition, she arranged a meeting with the Deputy Head of SLS of Ukraine and discussed the preliminary position on the complaint. The Council upheld the company’s position in writing and asked to issue the necessary documents.
Result achieved: The Complainant informed the Council by email the SLS extended the permit term for the company till 10.01.2024. The dairy plant thanked Council for assistance in solving the problem: “Owing to the work of the Council, the company restored its violated rights and legitimate interests and finally solved a crucial issue on the permit extension, which the Main Department of the SLS in Kharkiv Oblast refused to resolve for almost a year, despite all legal grounds for that in place”. The case was closed successfully.