Rezolut’s lawyers have once again managed to terminate the proceedings in the case of an administrative offense

In relation to the client Rezolut, on the basis of the relevant order of the State Labor Inspectorate in the Sverdlovsk Region, an audit was carried out to verify compliance with the current legislation in the field of labor protection. The reason for the unscheduled inspection was the complaint of a former employee of the organization, who alleged a violation of his labor rights upon dismissal, final settlement and issuance of a work book. In addition, in the complaint sent to Rostrud, the offended worker pointed to the payment of wages to him “in an envelope”, about the presence of “unofficial wages”, constant delays in its payment, etc.

According to the results of the check, accompanied by Vasily Dryga, and carried out within a month, most of the arguments of the complaint of the former employee of the enterprise were not confirmed and were declared untenable.

At the same time, during the audit, it was found that the final payment was issued to the employee only two days after the dismissal. This fact, according to the Labor Inspectorate, is a gross violation of the requirements of Art. 140 of the Labor Code of the Russian Federation. In addition, according to the inspectorate, the employer was obliged in accordance with Art. 236 of the Labor Code of the Russian Federation to calculate and pay compensation to the employee for the delay in the final settlement.

These violations were the basis for the drawing up by the state labor inspector of a protocol on an administrative offense, from which it followed that in the actions of an official of an enterprise – an accountant responsible for calculating wages, signs of an administrative offense under Part 1 of Art. 5.27 of the Code of Administrative Offenses.

Disagreeing with the said position of the inspector, managing partner Vasily Dryga, by the time of consideration of the named protocol and consideration of the administrative proceedings, presented a detailed reasoned position, according to which the violation committed is insignificant and to suppress it, it is possible to limit itself to announcing an oral comment according to the rules of Art. 2.9. Administrative Code of the Russian Federation. According to the lawyer, there were no grounds for bringing an official of the enterprise to administrative responsibility.

As a result, following the results of the consideration of the administrative proceedings, officials of the State Labor Inspectorate of the Sverdlovsk Region agreed with the position of Vasily Dryga and took into account the provisions of paragraph 21 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of March 24, 2005 No. 5 “On some issues arising from the courts when applying Of the Code of Administrative Offenses of the Russian Federation ”, terminating the proceedings on an administrative offense against the company’s accountant.

Thus, the specialists of Rezolut once again managed to prove their competence in labor law issues and the protection of the rights and interests of the employer during inspections of compliance with labor protection legislation.