The regional prosecutor's office has identified a number of violations in the work of OJSC "Banner of Industrialization"
Protection of the rights and legitimate interests of citizens and organizations, as well as public and state interests, is one of the main tasks of the prosecutor's office.
During the inspection conducted by the Vitebsk Regional Prosecutor's Office at OJSC "Znamya Industrializatsii", significant violations of the requirements of the legislation in the enterprise's activities were revealed.
It was established that for several months in 2019, the enterprise failed to ensure the timely payment of wages, final settlement upon dismissal, and average wages during annual leave.
Despite the enterprise's problems with ensuring sufficient funds and significant credit burden, the employer's obligation to pay wages and related payments to employees in a timely and full manner is of paramount importance; otherwise, the rights of employees are significantly violated.
It should be noted that paragraph 1 of Decree of the President of the Republic of Belarus No. 344 of August 30, 1996 "On timely payment of wages, pensions, scholarships and benefits" establishes the personal responsibility of heads of enterprises (organizations), regardless of ownership, for the timely payment of wages and making payments to the budget, up to dismissal from their positions.
For improper performance of the corresponding duty, the director of the enterprise was brought to administrative responsibility by the regional prosecutor's office.
At the same time, the statistical bodies were not notified of the existence of debt to employees, and the data of state statistical reporting were distorted, thereby violating the requirements of the legislation on state statistical reporting. The violations revealed during the inspection in this area, taking into account their nature, were a weighty reason for the regional prosecutor's office to decide to bring the guilty person to administrative responsibility under Article 23.18 of the Code of Administrative Offenses of the Republic of Belarus, and subsequently, to initiate a criminal case under Part 2 of Article 427 of the Criminal Code of the Republic of Belarus.
In addition, on
based on the order issued by the regional prosecutor's office, the company's management has been required to immediately rectify the violations, by submitting a report to the state statistics bodies reflecting the actual situation regarding labor remuneration.In addition, a number of other labor law violations were identified, in particular, concerning the payment of advances to seconded employees, for which the responsible person was also brought to administrative liability by the regional prosecutor's office.
The aforementioned violations, in conjunction with the violations identified in other areas of the company's activities (regarding citizens' and legal entities' appeals, administrative procedures, contract and claim-legal work, etc.), formed the basis for submitting a representation to the supervisory board of OJSC "Znamya Industrializatsii".
Prosecutor of the Department for Supervision
over Legislation Enforcement
and Legality of Legal Acts
P. Sukhov.