Misdemeanour proceedings

The main functions of the Labour Inspectorate are the implementation of the working environment policy and the exercising of state supervision over compliance with legislation on occupational health, occupational safety, and labour relationships in working environments. As there is a risk of infringement or violation of legal rights (right to life, health, property, freedom) in working environments, the Labour Inspectorate has been granted the right to implement the state’s penal policy, i.e. to act as out-of-court proceedings authority for misdemeanours.

Legislation on the basis of which misdemeanour proceedings are initiated by the Labour Inspectorate as a body conducting extra-judicial proceedings:

• Chapter 7 of the Employment Contracts Act
• Chapter 7¹ of the Occupational Health and Safety Act
• Chapter 15 of the Traffic Act
• Chapter 7 of the Employees’ Trustee Act
• Chapter 6¹ of the Trade Unions Act

Example: An employee finishes working at 22:00 and starts working again at 5:00 next morning. Pursuant to subsection 51 (1) of the Employment Contracts Act, an employee must receive at least 11 consecutive hours of rest in a 24-hour period. Therefore, the employer has violated the daily rest time requirement. If the required daily rest time is not provided, the Labour Inspectorate has the right to initiate misdemeanour proceedings against the employer on the basis of § 126 of the Employment Contracts Act and to impose a fine.

Rights and obligations of a party to proceedings

In misdemeanour proceedings, the party to the proceedings is the person subject to proceedings and their defence counsel. A person subject to proceedings may be a natural or legal person against whom the Labour Inspectorate has initiated misdemeanor proceedings. The rights and obligations of persons subject to proceedings are laid down in § 19 of the Code of Misdemeanour Procedure.

Payment of imposed fines

A fine imposed by a decision of the Labour Inspectorate in misdemeanour proceedings must be paid in full by the party to the proceedings within 45 days from receipt of the decision if made under expedited procedure or, if made under regular procedure, of the date of the decision becoming available to the party to the proceedings at the offices of the Labour Inspectorate.
 

Contestation

A party to the proceedings may file an appeal with the county court against a decision made under regular procedure within 15 calendar days from the date of the decision of the out-of-court proceedings authority becoming available to the party at the offices of the out-of-court proceedings authority. A decision made under regular procedure will enter into force on the 16th calendar day after acknowledgement of receipt of the decision by signature, unless an appeal has been filed against the decision with the county court.

The term for filing an appeal against a decision made under expedited procedure is 15 calendar days after receipt of the decision. A decision made under expedited procedure will enter into force on the 16th day after acknowledgement of receipt of the decision by signature, unless an appeal has been filed against the decision with the county court.