You have founded a company, and are you thinking of employing a worker? You may have been in business for a long time and you are probably familiar with basic legal provisions, but are you familiar with all your obligations as an employer? If not, defence lawyer toronto will help you learn more about this matter.
Employer misdemeanor liability
Specifically, the Labor Act pays special attention to misdemeanors and punishments to employers and prescribes exceptionally high fines in case of non-compliance and violation of certain provisions. The Labor Act categorizes the breaches of employers to be easier, harder and harder, and depending on which category of offense is involved, a fine is imposed on the employer.
Therefore, for easier misdemeanors, a fine is imposed on the employer legal person in the amount of 10.000,00 to 30.000,00 dollars, while for the same offense the employer is the physical person and the responsible person of the legal person shall be punished by a fine of 1.000,00 to 3.000,00 dollars.
The law foresees only two lighter offenses, in the case where the employer concludes an employment contract in which the probationary contract has been contracted for more than six months, and concludes a contract of employment in which the internship is contracted for more than one year.
For more severe violations, a fine is imposed on the employer’s legal person in the amount of HRK 31,000.00 to HRK 60,000.00, while for the same offense the employer’s natural person and the responsible person of the legal entity will have to allocate HRK 4.000,00 to 6.000,00.
For the most serious violations, a fine is imposed on the employer’s legal person in the amount of dollars 61,000.00 to dollars 100,000.00, while the same person and the responsible person of the legal entity for the same offense shall be punished by a fine of dollars 7,000.00 to dollars 10,000.00 .
For all three categories of offense, if the offense has been committed in relation to juvenile, the amount of the fine is increased twice.
Most common offenses
Of the more severe violations, the most commonly found violations were:
the termination of a fixed-term employment contract for which there is no objective reason or if the duration of all consecutive employment contracts concluded for a fixed period, including the first employment contract, lasted for more than three years (unless it is necessary to replace the temporary non-abandoned worker), on the inability to use a pause, daily or weekly rest.
Of the most serious violations, the most frequently found violations were:
omitting to keep records of employees and working hours,
to notify employees of a written confirmation of a contract of employment prior to the commencement of work when the employment contract is not concluded in writing or if the worker does not submit a copy of the application for compulsory pension and health insurance,
overtime work, and
to non-delivery of debts, unpaid salaries, salaries or severance pay, or if the bill has no prescribed content.
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