Inspections by the State Labor Service in 2025: what do HR managers need to know?

During the martial law period, with the adoption of Cabinet of Ministers Resolution No. 303 in 2022, scheduled inspections by state regulatory authorities were suspended in Ukraine. At the same time, the State Labor Service of Ukraine can conduct unscheduled inspections at enterprises. How do they work and how to prepare for them? We will discuss this in the article.

What types of inspections does the State Labor Service conduct?

Law of Ukraine No. 877 defines the following types of inspections:

• scheduled —- the State Labor Service conducts them according to a schedule drawn up in advance. The frequency of scheduled inspections is determined by the degree of risk of the company’s activities;
• unscheduled — unlike scheduled inspections, their number is not fixed. The State Labor Service can conduct unscheduled inspections at any time if it gets to know that a company does not comply with labor laws.

Let’s take a closer look at how each type of inspection is conducted under martial law.

📌 Scheduled inspections by the State Labor Service during martial law

According to Part 1 of Art. 5 of Law of Ukraine No. 877, scheduled inspections are included in the annual plans of state control bodies. Therefore, they are not carried out under martial law, even if the State Labor Service has included the company in the list of entities subject to inspection.

The State Labor Service may resume scheduled inspections only after martial law is lifted or after changes in legislation are adopted.

📌 Unscheduled inspections by the State Labor Service during martial law

Resolution No. 303 allows for unscheduled inspections if the company faces a threat of negative impact on the rights, legitimate interests, human life and health, or state security.

In addition, the State Labor Service may conduct unscheduled inspections based on Article 16 of Law of Ukraine No. 2136. In particular, the grounds for unscheduled inspections during martial law may include:

• an appeal regarding the existence of unregistered labor relations at the enterprise, illegal termination of an employment contract;
• an appeal from a trade union regarding violations of labor legislation in relation to its members;
• failure of the enterprise to comply with orders to eliminate violations of the law issued after May 1, 2022;
• an order from the Cabinet of Ministers of Ukraine regarding an unscheduled inspection;
• an appeal from the Kyiv City Military Administration or the Regional Military Administration.

As practice shows, the most common reason for an unscheduled inspection by the State Labor Service is an employee complaint. Therefore, proper HR documentation will help not only to successfully pass the inspection, but also to prevent it.

Reasons for unscheduled inspections

Unscheduled inspections are carried out only in cases expressly provided for by Ukrainian legislation. For example, in accordance with paragraph 2 of the Cabinet of Ministers’ Resolution No. 303, regulatory authorities have the right to carry out unscheduled state supervision (control) measures based on decisions of central executive authorities in the event of a threat that has a negative impact on:

• rights, legitimate interests, human life and health;
• environmental protection;
• ensuring the security of the state;
• to fulfill Ukraine’s international obligations during the period of martial law.

Inspections by the State Labor Service of Ukraine are carried out in accordance with the Law of Ukraine “On Basic Measures of State Supervision (Control) in the Sphere of Economic Activity” No. 877-V of April 05, 2007, and during the period of martial law are regulated by Article 16 of the Law of Ukraine “On Organization of Labor Relations under Martial Law” No. 2136-IX of March 15, 2022.

The grounds for an inspection by the State Labor Service of Ukraine during martial law are:

• an employee`s appeal on violation of labor legislation;
• the order of the Prime Minister of Ukraine to inspect business entities in connection with identified systemic violations and/or the occurrence of an event that has a significant negative impact on the rights, legitimate interests, human life and health, environmental protection and state security;
• the occurrence of an accident, fire, death of a victim as a result of an accident or occupational disease that was related to the activities of the business entity;
• a court decision;
• an appeal from the Kyiv City Military Administration or the Regional Military Administration, officials of local self-government bodies on violation of the legal requirements by a business entity.
• in connection with the failure of a business entity to comply with orders to eliminate violations of the legal requirements issued after May 1, 2022.

Procedure for unscheduled inspections by the State Labor Service

The procedure for unscheduled inspections is set out in Law of Ukraine No. 877.

Before starting the inspection, State Labor Service officials are required to present the following documents

• the original certificate (referral) for the inspection and provide a copy thereof;
• an official identity card certifying the official.

The inspection certificate (referral) must contain the following information:

• name of the supervisory authority conducting the inspection;
• name of the business entity being inspected;
• location of the business entity;
• number and date of the order (decision, order) pursuant to which the inspection is carried out;
• list of officials involved in the inspection, indicating their position, surname, name and patronymic;
• start and end date of the inspection;
• type of event (scheduled or unscheduled);
• form of event (audit, inspection, examination, review, inspection, etc.);
• grounds for the inspection;
• subject of the inspection;
• information on the previous event (type of event and its duration).

Based on the results of an unscheduled inspection, representatives of the State Labor Service draw up:

• an inspection report in duplicate;
• an order to eliminate violations, if they were found during the inspection.

The order is binding. The deadlines for eliminating violations are set individually by representatives of the State Labor Service.

The employer may appeal the order if it considers the actions of the State Labor Service inspector to be unjustified. This can be done administratively (by submitting an application to the territorial body of the State Labor Service where the inspector works, in accordance with clauses 23, 26 of Procedure No. 823) or through the courts.

Personnel documents inspected by the State Labor Service

Inspections by the State Labor Service may relate to the following personnel issues:

• hiring;
• granting vacations;
• dismissal.

In each of these cases, the inspector may examine all documents related to the subject of the inspection.

Inspectors of the State Labor Service can also check internal documents that regulate the labor process at the enterprise. In particular:

• staffing table;
• timesheets;
• collective bargaining agreement;
• internal labor regulations;
• payroll records;
• documents related to civil law contracts (in particular, confirmation of payments).

The inspector has the right to request only those documents that relate to the subject of the inspection. Demands for other documents are an abuse of power and are illegal. An employee of the State Labor Service of Ukraine has no right to seize original documents — he or she can only receive certified copies or excerpts.

Penalties for violations of labor laws

During martial law, there are relaxations of penalties for violations of Article 265 of the Labor Code. The SLS does not impose a fine on an employer if it complies with the order to eliminate violations in a timely manner and in full (part 3 of Article 16 of Law No. 2136).

If the employer fails to comply with the deadlines for fulfilling the order or partially complies with it, the State Labor Service imposes a fine in accordance with Procedure No. 509. However, its amount can be reduced if 50% of the fine is paid within 10 days from the date of delivery of the decision to impose a fine (amendments to Part 5 of Article 265 of the Labor Code of 12.12.2019).

The employer may appeal the imposed fine in court (clause 10 of Procedure No. 509).

How to prepare for an inspection?

If an employer has received a notice from the State Labor Service of Ukraine about an inspection, it is worth preparing for it. To do this, you need to follow a few steps:

Prepare documents. Conduct an internal audit of HR documents. Check the availability of all documents related to the subject of the audit and their compliance with the law.

Separately, review the accounting records. If the audit involves cash payments to employees, it is important that all accruals are made on time and in the proper amount.

Prepare employees. Identify responsible employees who will accompany the inspector during the inspection. Instruct employees on their rights and responsibilities. If necessary, hold a meeting with a lawyer.

Such measures will help minimize risks during the inspection by the SLS.

How does Vchasno help you prepare for an inspection?

Electronic document management services make it easier to maintain HR records at enterprises and help prepare for possible inspections by the State Labor Service.

In particular, Vchasno.Kadry allows you to quickly draw up and sign HR documents in compliance with all the requirements of labor law. The service’s capabilities allow you to automate procedures that are usually time-consuming. For example:

• Arranging vacations. Employees submit vacation requests online, and managers and supervisors approve them.
• Familiarize employees with internal documents. After familiarizing themselves with them, employees sign them electronically, which eliminates the risk of fines during an audit.
• Maintain personal files of employees. The system stores all the necessary documents of an employee in a secure electronic archive. This allows HR employees to control the availability of all mandatory documents (passports, tax IDs, military registration documents).

The electronic archive is reliably protected from unauthorized access. When checking, you can instantly find the documents you need by searching by keywords, document types, dates, and other details.

In 2025, companies should be prepared for possible unscheduled inspections by the State Labor Service. To do this, you need to carefully check HR records and internal documents. E-document management services will help you control HR workflow and prepare if an inspection is inevitable.