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“Green light” from the State Labor Service: company’s activities are in line with the labor protection legislation

23.09.2020

Complainee: Main Department of the State Labour Service in Dnipropetrovsk region (State Labor Service)

Complaint in brief: The Council received a complaint from a company from Dnipropetrovsk region that renders technical audit services. The enterprise could not register the Declaration of compliance of  material and technical facilities  with the requirements of labor protection legislation (declaration of compliance).
The registration of such a declaration would give the company a right to conduct evaluation and assessment of technical state of high-risk equipment.
When the complainant first appealed to the department of the Center of Administrative Services (CAS) in Dnipro, he got rejected. Having appealed to the CAS for the second time, the complainant faced bad luck: the declaration was returned with a signature of rejection by an unknown person. The Council commenced immediate consideration of the company’s complainant.

Actions taken: Having examined case materials, the investigator came to the conclusion that the decision to refuse the declaration registration was ungrounded. This indicated a violation of the legitimate rights and interests of the company.
Aссording to the law, the territorial body of the State Labor Service has to register the declaration of compliance within five working days from the date of its receipt. Unfortunately, for our complainant, this process lasted more than three months.
In the letter to the State Labor Service the Council asked to ensure a comprehensive, impartial and timely consideration of the enterprise’s complaint and explain the reasons for refusing registration of the previous documents. In particular, the Council recommended to immediately take prompt measures for restoring legal rights of the complainant in case if violation of the current legislation by public officials was detected.

Results achieved: Thanks to the Council’s interference and intensive actions of the complainant, the State Labor Service satisfied the company’s complaint and registered the Declaration of compliance of material and technical facilities with the requirements of the labor protection legislation. The case is successfully closed.