Can an anonymous complaint become the basis for verification?

An enterpreuer turned to the court, challenging the decision of the State Labor Law to impose a fine on him. He substantiated his position by saying that, during the inspection visit, the Inspector was not presented with a service certificate.

The local court found that the inspecting visit of the plaintiff was made on the basis of an anonymous communication from an unknown person of the defendant on the possible use of the work of unregistered persons.

Thus, the materials of the inspection visit did not contain any appeals from citizens, but the information about the possible violation (use of the employer of hired workers without the employment contracts) was obtained from anonymous sources.

However, the procedure for carrying out state control over the observance of labor legislation provides for only the following grounds for carrying out inspection visits:

- an application by an employee or person in respect of which the rules of employment relations have been violated;

- the decision of the supervisor of the inspection body on the verification of issues of identification of unregistered labor relations, adopted on the basis of the analysis of information of the media or other prohibited sources;

- court decision, reports of law enforcement agencies;

- reports from other inspection bodies of detected violations;

- information: from State statistics, the SFS, the Pension Fund, as well as trade union bodies.

In addition, no special law has given the defendant the right to consider anonymous appeals from citizens and use them as a basis for an inspection visit.

Therefore, the court concluded that the defendant had violated the requirements of Order No. 295 concerning the existence of legal grounds for conducting an inspection visit to the plaintiff and satisfying the claims. The relevant decision in case No. 260/1131/18 was adopted on January 31, 2019 by the Carpathian District Administrative Court and can be appealed.

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