No one is protected from conflicts or interactions with authorities. Even if your business is lucky enough not to become of interest to the authorities, you will always interact with state representatives during inspections, reporting, etc. In this regard, every business owner has to spend enough time to train employees how they should interact with authorities.
As a matter of VigoLex team experience, typically, interactions between workers and authorities take place during company inspection. It is necessary to prearrange internal rules or instructions for employees’ actions prior such encounters. Such instructions can cover:
- «clean workplace» rule;
- procedure of access and storing of documents and other data storage devices during inspection;
- rules of communications with public authority representatives, etc.
Besides, security and surveillance systems should be installed in office to keep office space on record and eliminate all blind zones.
VigoLex also recommends CEOs and project leaders of the company to have a folder with excerpts from laws and bylaws that relate to the duties of inspector, company rights as the object of inspection and inspection procedure.
We endorse to perform trainings of employees, detailing how to act in certain situations and what should not be done in any case during company inspection
Employees must be prepared to avoid unnecessary disclosures during inspection. They need to know that they have the right to not answer inspectors’ inquiries, and be aware of the Article 63 of Constitution of Ukraine, providing that the person is not be responsible for refusal of giving evidences or submissions against oneself, family members, close relatives, scope of which is defined by special law.
Actions in case of inspectors’ arrival
Employees are divided into two groups when inspector arrive: those who will come along with inspector – lawyers, project leaders, etc., and all others, who will not. VigoLex team recommend training employees to act in case of inspection as follows:
Rule №1: clean work place. If an employee was told that there will be an inspection in the company, one must immediately liberate working table from documents, notes, schemes, etc., and put them to a safe box (if any) or to the dedicated locations, identified by internal documents of the company..
Rule №2: less talks. Every employee must be aware of having right to not to answer inspectors’ questions, and know, where this rule is enforced. VigoLex recommend preparing a short note for each employee in case of inspection that should contain the most important information about employees’ actions during inspection.
Rule №3: device protection. Inspectors have the right to seize any device or its part, as provided by applicable law and having relevant documents, but only with specialist involvement and with affixing a protocol. If inspector tries to seize computers, flashcards, mobile phones, etc. from employee without a reason – he must not surrender anything and must tell the lawyer or director accordingly.
Rule №4: no signatures. Employees should be informed that they must decline signing any documents that were provided by inspector without presence of lawyer or director. Employee must not do that even in case, if inspector is insisting or threatening.
This simple roadmap of employees’ actions helps significantly decrease risks of giving up extra files or information about the company to inspector.
Vigolex team recommend all business owners to pay much attention for protection of their business, and if necessary – call for help of professionals.