Complainee: The Main Department of the State Labor Service of Ukraine in Kyiv Oblast (MD SLS)
Complaint brief: A private joint stock company “AB InBev Efes”, a part of an International Brewing Corporation “Abinbev Efes”, operating in the Ukrainian market for over 20 years approached the Business Ombudsman Council. The company could not register the Declaration of Conformity of material and technical facilities with labor protection legislation requirements (Declaration of Conformity). Such declarations allow to perform hazardous works at the place of production. The company submitted Declarations of Conformity for three branches in Kharkiv, Mykolaiv and Chernihiv through administrative services center to the MD SLS, but the MD SLS later returned them for revision. Having corrected the package of documents, the complainant tried to register Declarations of Conformity for the second and third time, but the supervisory authority delayed consideration of the complainant’s declarations once again and subsequently returned the documents without indicating any certain deficiencies in declarations. Realizing that the production process was under threat, the company asked the BOC for assistance.
Actions taken: The investigator examined the case file and found the complaint substantiated. The BOC recommended the MD SLS to ensure a full, comprehensive and impartial consideration of the company’s declarations. In the Council’s view, the complainant had duly filled out all the documents and therefore there were no grounds for returning declarations without consideration. Despite this, the MD SLS continued to delay consideration of the complainant’s declarations. For this reason, the Deputy Business Ombudsman initiated a personal meeting with the administration of the State Labor Service of Ukraine to discuss the subject matter of the complaint.
Result achieved: Due to the Council’s mediation, the company registered the Declaration of Conformity of material and technical facilities with labor protection legislation requirements. “We truly thank you and your team for their efforts and professionalism, which resulted in support and protection of business interests in government bodies,” said the complainant. The case was successfully closed.
21.10.2021