State Labor Service Inspections in 2026: When They Take Place and What to Expect

On What Grounds Does the State Labor Service Inspect Businesses During Martial Law?

The State Labor Service oversees market surveillance, occupational safety and health, and mining supervision. The peak of its inspection activities occurred in 2019, when the authority had broader powers than even law enforcement agencies and conducted both scheduled and unscheduled inspections of businesses.

Currently, the State Labor Service operates under the primary laws governing state supervision of business activities. According to the Law of Ukraine “On the Organization of Labor Relations Under Martial Law” dated March 15, 2022, scheduled inspections are suspended during martial law. Unscheduled inspections may be initiated following a complaint from an employee or a trade union in order to:

• ensure compliance with labor legislation during martial law;
• identify undeclared employment relationships;
• verify the legality of employment contract termination;
• stop workplace mobbing (economic or psychological pressure on an employee intended to force them to violate labor legislation).

The employer is responsible for preventing workplace mobbing, as creating a work environment free from pressure, harassment, and abuse is their direct obligation. However, according to established court practice, differences in employee bonuses or additional payments are not considered mobbing.

Starting from July 1, 2026, the State Labor Service also began inspecting employers for compliance with regulations concerning the employment of persons with disabilities. Instead of administrative fines, employers are now required to pay a special targeted contribution. However, judicial practice regarding this new requirement has not yet been established.

As a defense, an employer may demonstrate that it has taken all reasonable measures to employ persons with disabilities, including notifying public organizations, advertising vacancies, and cooperating with the Employment Center. If no candidates with disabilities are referred to the company, failure to meet the statutory quota cannot be considered the employer’s fault.

How Can an Employee File a Complaint with the State Labor Service?

An employee may request an inspection by the State Labor Service if they believe their labor rights have been violated or if they expect to be unlawfully dismissed. A complaint may be submitted through the official website of the State Labor Service or by contacting its hotline.

The complaint must relate directly to the employee and clearly describe the alleged violation. For example, the employee may state that wages were not paid for a specific month or that the employment relationship has not been properly formalized.

Before filing a lawsuit, an employee may submit a complaint to the State Labor Service so that labor inspectors can inspect the company and collect evidence. If the employer fails to respond to an attorney’s request for information, the inspection report issued by the State Labor Service may be used as evidence in court.

What Documents Must a State Labor Service Inspector Have?

When a State Labor Service inspection arrives at an enterprise, the first step is to verify the inspector’s documents. The inspector must have:

• an official identification document;
• a written inspection authorization specifying the company’s address;
• an order authorizing the inspection;
• in certain cases (for inspections initiated following an employee’s complaint) — approval from the central executive authority overseeing the inspection body.

Inspector identification documents should be published on the official website of the State Labor Service with inspectors’ photographs, although during martial law this requirement is not always fully observed. The documents presented must clearly specify the grounds for the inspection and the exact scope of issues to be reviewed.

Can Inspectors Be Denied Access to the Enterprise?

The absence of at least one of the required documents or errors in their preparation may constitute a legal basis for refusing inspectors access to the enterprise. In such a case, the inspection authority prepares a relevant report and leaves the premises.

Further developments may include court proceedings or the imposition of a fine. Therefore, before deciding whether to allow or refuse an inspection, it is advisable to consult a lawyer.

How Does the Inspection Process Take Place?

Inspections are regulated by the Tax Code of Ukraine, the Criminal Procedure Code of Ukraine, and Cabinet of Ministers Resolution No. 303 “On Termination of State Supervision (Control) Measures Under Martial Law”, which establishes specific rules and exceptions for inspections during martial law.

By analyzing the requirements of these regulations, a lawyer can determine whether the inspection is lawful, whether inspectors have the necessary authority, what exactly they are entitled to examine, and how the enterprise should provide documents. Understanding the inspectors’ powers, the scope of the inspection, and the company’s current situation allows the inspection to be conducted within legal boundaries, avoiding sanctions and reducing future risks.

In particular, lawyers recommend:

• the employer’s task is to ensure that inspectors do not go beyond the scope of the inspection specified in the authorization document. Inspectors should be provided with a separate office, the necessary documents, and their movement around the enterprise should be limited;
• employees may refuse to participate in interviews, referring to the provisions of the Constitution of Ukraine;
• during the inspection, all employees may leave the premises. In this case, the State Labor Service will have to prove independently who was present at the enterprise and whether they were working without a properly formalized employment agreement;
• clarify which documents inspectors require and determine whether these documents relate to the subject matter of the inspection. Certified copies of documents should be provided for review;
• if the State Labor Service requests a document that, in the employer’s opinion, does not relate to the inspection subject, the employer may refuse to provide it by submitting a written statement or recording objections in the inspection report.

It often happens that inspectors come to examine one specific issue but attempt to review the company’s activities more broadly. Inspectors do not have the right to search drawers, cabinets, or take documents from desks and shelves without appropriate court authorization. The company owner has the legal right to require inspectors not to enter their private office.

What Is the Outcome of an Inspection?

Following the inspection, an official report is prepared. If violations are identified, the inspector issues an order requiring their elimination and makes a decision regarding the imposition of a fine. The documents are signed by the head of the enterprise.

During martial law, if the employer voluntarily complies with the order within the established deadline, no fine is imposed. For single tax payers, a warning is applied first.

Can the Inspection Commission’s Conclusions Be Challenged?

As a rule, challenging inspection results through administrative procedures is not always effective. In practice, it is often more practical to pay the fine and then appeal the decision in court.

A claim must be filed within 10 days from the date of receiving the fine decision or the order. It should be noted that if an enterprise allowed an inspector to conduct an inspection despite having legal grounds to refuse access (for example, if the company address was incorrectly stated in the inspection authorization), the court will most likely support the position of the State Labor Service.

A lawyer from “DE-JURE” can help prepare the necessary evidence and effectively protect the company’s interests.