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What does the labor inspectorate check? What does the labor inspectorate check?

Consider what checks Labour Inspectorate during routine inspections, and how often they can be carried out.

Scheduled inspections of the labor inspection: the procedure for conducting

The Labor Inspectorate conducts inspections of compliance with labor legislation in organizations based on Articles 353 and 356 of the Labor Code. There are no specialized regulatory legal acts that would specifically regulate labor law audits in the Russian Federation. Therefore, in their activities, inspectors are guided by:

ILO Convention No. 81, drawn up in 1974;
Law "On the protection of the rights of legal entities and individual entrepreneurs in the implementation state control(Supervision)" dated December 19, 2008 No. 294-FZ.

Frequency of scheduled inspections

The audit schedule is drawn up annually. That is, the labor inspection plan for 2020 was prepared in 2016. Anyone can get acquainted with it on the official website of Rostrud.

The schedule is drawn up taking into account the fact that compliance with labor laws can be checked at the enterprise no earlier than 3 years after:

State registration of a legal entity or individual entrepreneur;
Completion of the last check.

Inspection Notification

Before the start of the inspection, the head of the labor inspectorate at the location of the organization issues an appropriate order. It states:

Publication date;
Officials authorized to inspect the organization;
full name and legal address the audited organization;
The exact date of the audit, its goals and objectives.

A copy of the order is sent to the head of the audit object, so that he is notified of the audit no later than 3 days before it starts. The notice may be sent by fax, mail or hand-delivered.

Attention! Inspectors cannot:

Request information, samples that are not related to the object of verification;
Seize the originals of any documents.

Checked period

During the audit, documents for the last 3 years are examined. Thus, during the scheduled inspection of the labor inspectorate in 2017, documents from 2015 to 2017 will be studied.

What documents are checked by the labor inspectorate

The law does not restrict the inspector in their actions. He may require for verification any document that in one way or another relates to compliance with labor laws. In any case, before the arrival of the inspectors, the organization must put the following papers in order.

Treaties

Employment contracts with employees must comply with the requirements of Article 57 of the Labor Code.
Agreements on individual or collective liability. They can be concluded with employees whose list of positions is indicated in the Decree of the Ministry of Labor No. 85 dated 12/31/2002.
Apprenticeship agreements, if the organization practices apprenticeship.

Constituent documents

Charter;
Certificate of state registration.

Local legal acts

Internal labor regulations.
Collective agreement.
The regulation governing wages and bonuses to employees (this is an optional document, the same information may be contained in the collective agreement).
Regulations on the personal data of employees in accordance with Article 88 of the Labor Code.
Other possible local acts of the organization that establish a shift schedule, shift method, irregular working hours or division of the working day for employees.

Labor protection documents

Labor protection instructions;
Journal of training and briefing on labor protection;
Other documents: an introductory briefing log, a personal employee training card, a list of positions released from initial briefing etc.

Orders

About hiring;
About dismissal;
About attraction to disciplinary responsibility and etc.

The legislation does not contain a closed list of orders that the head of the organization can issue, therefore, all orders relating to labor law must be kept by the Human Resources Department.

Important information

In addition to the documents, it is necessary to take into account the observance of all norms of labor law. Timely assessments and the safety of employees in their workplace are also important. Whether workers need special clothing or accessories, protective masks or gloves, and much more depends on the type of work they do.

Accounting documents

The labor inspectorate checks employment contracts for information on the days of payment wages, and then compares these dates with the actual payment dates. Inspectors study:

Forms of settlement sheets;
Notice of payment of wages, drawn up in accordance with Article 136 of the Labor Code.

Vacation documents

Leave notices to employees. According to Article 123 of the Labor Code, the employee must be notified of the next vacation no later than 2 weeks before the start.

Documentation on accounting of working hours

Accounting sheet (compiled in accordance with Article 91 of the Labor Code);
Staffing table (optional document).

Types of scheduled inspections

Depending on the method of studying the documentation, scheduled inspections are divided into field and documentary.

Field check

With this method of verification, authorized officials come directly to the organization included in the inspection schedule of the labor inspectorate for 2020 to examine documents.

An individual entrepreneur or the head of the organization in which the audit is carried out is obliged:

Provide inspectors with the opportunity to familiarize themselves with documents related to the subject of verification;
Provide them with access to the office, buildings and facilities of the audited enterprise.

The table shows maximum duration checks

Documentary verification

The inspector carries out such an inspection at his workplace, that is, in the territorial body of the labor inspectorate. Documents for the study are provided to him by the audited organization after receiving notification of the audit.

For verification, it is necessary to send copies of documents certified by the seal and signature of the head of the organization to the inspection. Printing on copies can be any: “for documents”, “for the personnel department”, etc. If an individual entrepreneur or organization does not have its own seal, a certified signature of the head is sufficient on the copy.

Such requisite as an acknowledgment signature includes:

Caption - True; either - The copy is correct;
The position of the person who certified the copy;
His signature with decoding (surname and initials);
date.

Since the list of what the state labor inspectorate checks is not exhaustive, during the check the inspector may request additional documents that he deems necessary for the study. To do this, he sends a corresponding request to the subject of verification. The head of the organization must provide the requested documents to the inspection within 10 working days (clause 5, article 11 of Law No. 294).

A specialist tells in detail about the inspections of the state labor inspectorate

How long does the check take

The total period for conducting an inspection by the labor inspectorate is 20 days. But there are exceptions to this rule for small businesses:

At a small enterprise, a scheduled on-site inspection can be carried out for no longer than a total of 50 hours;
A similar check of a micro-enterprise is 15 hours.

This exception applies only to scheduled field inspections. Unscheduled or documentary inspections are carried out according to the general rule.

On the territory of Russia, a moratorium on inspections of small businesses is in effect until the end of 2018; these organizations are exempted from scheduled inspections by the labor inspectorate.

How is an on-site inspection carried out?

The algorithm of actions of the inspector is approximately the same in all organizations.

According to the inspection schedule of the labor inspectorate for 2020, the inspector arrives at the enterprise. Presents his official ID and an order to conduct an inspection.
Conducts verification of documents of the personnel service: employment contracts, work books, orders for personnel, etc.
Checks accounting documentation (all papers related to wages).
Examines documents on labor protection.
Draws up an audit report, which indicates the detected violations. The document is drawn up in 2 copies: the first - for the inspector, the second - for the audited organization.

Do you have any questions? Ask them in the comments to the article

The Labor Inspectorate is called upon by the state to control how, in the production process, labor legislation is observed, as well as other applicable norms of the law regulating labor activity.

Regardless of the form of ownership of the enterprise and the number of full-time employees, inspections of their activities are carried out according to plan, and on complaints at any time.

Knowing which documents are usually viewed by representatives of the inspection, and how the control itself goes, you can bring the documentation in line with the required standards, subsequently avoiding trouble.

What is the order of verification?

The process of supervision can be conditionally divided into several stages:

1. At least 3 days before the start of the inspection, the head of the enterprise is sent against signature a copy of the order to carry out planned or documentary measures to control compliance with labor laws.

If the inspection is unscheduled, the employer is notified in writing one day before the arrival of the inspector.

2. To provide documents or offsite events, the arrived inspector is obliged to present an identity document and a written order.

Depending on the scale of the enterprise and the number of employees, time is given to study its activities and maintain documentation.

For example:

branches within two months;
small businesses - up to 50 hours;
other enterprises and institutions - almost three weeks (maximum 20 days).

3. The results of the check are reflected in an act drawn up in two copies.

4. All detected violations are recorded in a written order, reflecting:

the essence of the identified non-compliance with the norms of labor legislation and the date of the specific violation;
reference to legal acts, articles of the law, which are violated;
time frame to remedy deficiencies.

Leaving the management of identified violations without correction is fraught with punishment.

Powers of the inspector

In September 2012, Decree No. 875 came into force, approving the Regulations state supervision compliance with regulations covering emerging issues labor relations.

According to this Decree, latest changes made on February 16, 2017, a labor inspector appointed by a written order to inspect a particular enterprise has the authority to:

1. If there is an identity card issued according to the established model, freely control the employer at a convenient time for him.

2. Receive both directly from the employer and his representative, other management bodies the necessary documentation, explanations, allowing to fully carry out the verification.

3. Having drawn up an appropriate act of withdrawal, take samples of materials used in production, notifying the management of the audited organization in advance.

4.Investigate cases of receipt industrial injuries as a result of violations of labor protection requirements by the employer.

5. Issue instructions to eliminate the identified violations, indicating the terms, in case of repeated violations - to bring the guilty officials to disciplinary responsibility, up to the removal of the head from his position.

6. When gross violations management of the enterprise expressed in non-compliance with the elementary requirements of labor protection - to petition the judicial authorities for a ban on activities legal entity or individual subdivisions.

7. To act as experts in court hearings when the claims of the victims are justified by the violation of the requirements in the sphere of labor by the employer.

The labor inspector has no right:

1. seize original documents;

2. demand information that is not related to the control being carried out.

Reasons for the arrival of the inspector

Monitoring compliance by the employer with legislation and other legal norms of labor relations can be planned and as necessary.

Usually scheduled inspections are carried out:

When 3 years have passed since registration individual as an individual entrepreneur or organization as a legal entity;
Three years have passed since the last inspection of the operating enterprise.

Important: during 2017-2018, planned supervision by labor inspections of small businesses will not be carried out.

In order not to surprise the holding of planned events, the schedule for 2018 can be found on the Internet by going to the official website of the Prosecutor General's Office of the Russian Federation.

Unscheduled control is carried out if there are good reasons:

The expired period specified in the prescription for the elimination of violations;
Receipt of complaints about violations of the basic rights guaranteed by law by the employees of the enterprise to the actions of the management;
Received signals about late payment of wages by the owner;
Submission of a request by an employee with a request to check the conditions and compliance with the labor protection of his workplace;
A written instruction to conduct an audit at the request of the prosecutor's office as part of supervisory measures for compliance with the law, in connection with the increasing number of complaints received against a certain manager.

What can the checking inspector request for review

The exact list of documentation that the employer is obliged to prepare for the labor inspector is not approved in legal regulations.

The labor inspector may request any documents regulating labor relations with employees:

1. Personnel documentation for which the chief inspector or a person authorized by order of the head is responsible, for example:

the correctness of entering information about changes in the work books of employees and personal cards;
orders for transfers to another position and dismissals, timely familiarization of interested persons with them;
vacation schedule and compliance with the procedure for providing rest, etc.

2. Accounting documents:

payroll records and accounting of working hours;
settlement sheets of employees of the enterprise;
statements confirming the timeliness of payments made.

3. Documentation of accounting for information on ongoing work in the field of labor protection:

availability of instructions for conducting safe work and compliance with labor protection requirements;
briefing logs with personal signatures of the instructed employees and the person who conducted the briefing;
compliance with the deadlines for regular briefings;
employee training protocols, and others related to compliance with labor protection requirements.

A more precise list of documents to be checked depends on the reason for the supervision measures being taken.

What the manager needs to know before the arrival of the checking representatives

Since the representative of the state labor inspectorate primarily supervises compliance with legislative and legal norms so that the interests of workers are not infringed, the owner of the enterprise must be ready to submit the main documents that any organization should have.

These include: local legal acts that define the rules of labor behavior and working hours, mandatory for any organization, even with a small number of employees.

Pay slips must be issued monthly, regardless of whether employees receive wages at the cash desk of the enterprise or to a current account in banking institutions.

It is worth paying attention to filling out basic documents, for example:

the presence of a personal signature of the employee in the labor document concluded with him during employment;
indication in the contract tariff rate or salary in accordance with the position for which the person is accepted;
approval of the vacation schedule no later than the established deadlines - two weeks before the upcoming new calendar year.

It is the responsibility of management to provide employees with the means personal protection and timely assessment of working conditions, created jobs, providing employees of especially hazardous areas with benefits provided by law.

The most common errors that lead to the issuance of prescriptions include:

splitting up annual leave into small parts, when the obligatory provision that one of the parts must be at least 14 days old is not respected;
wages from calculations below the stipulated minimum amount;
payment of wages once a month, in the absence of a written application from the employee for agreement with such a payment schedule.

Simply put, the manager responsible for the life and fate of his subordinates is obliged to familiarize himself with the norms of the Labor Code of the Russian Federation and other labor acts relating to the scope of the enterprise.

Penalties

If, before the end of the period given in the prescription, all violations are eliminated, the employer does not take any measures, this threatens to suspend the activities of the organization or best case- collecting a fine.

Depending on whose fault and the consequences of the violation for the life and health of employees, a fine is issued to the enterprise, and responsible persons- chief accountant, director.

In 2017, the amount of the fine issued on the instructions of the labor inspector is:

1. Violation of the norms of the Labor Code of the Russian Federation:

1-5 thousand rubles - for a responsible person;
30-50 thousand rubles - for the enterprise.

2. Similar violations revealed during the re-inspection will increase the amount of the fine collected:

up to 10 - 20 thousand rubles per official, up to deprivation of the right to hold leadership positions for up to 3 years;
an individual registered as an individual entrepreneur will pay from 5 to 10 thousand rubles in favor of the state;
from 50 to 100 thousand rubles will be collected from the enterprise.

3. Hiring an employee without a properly drawn up employment contract will cost:

from 10 to 20 thousand rubles personally for the employer;
from 5 to 10 thousand rubles, if it is an individual entrepreneur;
50 - 100 thousand rubles to the enterprise.

More details about the amounts of fines can be found in Art. 5. 27 of the Code of Administrative Offenses of the Russian Federation.

How is an administrative investigation conducted?

If, during the inspection, the inspector recorded committed violations by the employer, an investigation is conducted to hold him accountable, in accordance with the provisions of the Code of Administrative Offenses.

Administrative proceedings start:

1. As a result of the audit, which showed a significant number of violations.

First of all, explanations of the guilty official must be requested, testimony of witnesses and interested employees must be taken, after which official information is requested.

2. If an individual or collective complaint is received from the employees of the enterprise about the facts of administrative violations.

A copy of the decision issued within 24 hours to initiate an investigation against signature is handed over to the head (or other guilty official) and the employee who filed the complaint (may be a letter to the specified address).

The definition is made according to general rules compiling such documentation, indicating:

Dates and places of its compilation (location of the labor inspectorate);
Personal data of the inspector making the determination
The reasons that gave rise to the initiation of the investigation;
Evidence of the fact of the offense;
Reference to the norms of the legislation;
At the end of the text part, a note is made that the participants in the investigation were explained their rights and obligations, after which they must put a personal signature.

The term of the ongoing investigation lasts up to 30 days from the date of the ruling.

An administrative investigation can be carried out either by the inspector who conducted the inspection or by another person appointed by a written order of the Chief Labor Inspector.

Depending on the results obtained:

In the event that these offenses have not been confirmed, a decision is made to terminate the investigation.
If evidence is collected confirming violations, a protocol is drawn up.
In case of repeated violations, the collected materials are transferred to the judicial authorities, where a decision is made on the measures of possible administrative punishment.

When the owner is sure of the legality of his actions, the order and the decision can be appealed to the higher management of the inspecting state supervisory inspection, or through the court.

During a scheduled inspection, employees of the labor inspectorate are required to check the accuracy and timeliness of the implementation of labor legislation by employers. During the on-site inspection, state inspectors will analyze the activities of the controlled organization.

To verify the legality of actions taken by the employer and decisions made, civil servants will need to analyze the documents prepared for the labor inspection by the head of the company.
The Labor Inspectorate bases its activities on the following principles:

respect, observance and protection of civil rights;
independence and publicity of the inspection;
legitimacy and objectivity of decisions made on the basis of the study of the employer.

During the preparation and implementation control measures in 2018, the officials of the labor inspectorate are aimed at performing such tasks as:

prevention and detection of the facts of deviation from labor standards or labor safety regulations;
informing employers and employees about modern methods compliance with applicable regulations;
reporting to authorized state bodies about the discovery of facts of commission of illegal acts (actions or inactions), abuse of the right or adoption of decisions that do not comply with the instructions of labor legislation.

Documents required for verification

The legislator transfers to labor inspectors the right to:

requesting from employers and free study of any documentation, information or explanations that are required for the most complete and comprehensive study of the controlled object;
withdrawal for analysis of samples of substances and materials that are processed or otherwise used by production workers;
sending official requests to the employer with a request to provide specific documents. Upon receipt of such a written request, the manager must provide government officials with a copy of required document, certified by the seal of the enterprise, as well as the personal signature of the head or an authorized official of the organization.

Labor law does not allow government inspectors to request documents or seize samples that are not relevant to the inspection being carried out. Also, employees of the labor inspectorate are not entitled to confiscate original copies of any documents from the organization.

What documents does the labor inspectorate check during a scheduled inspection?

For a comprehensive study of the object, authorized inspectors need to analyze:

constituent documents of the organization (charter or memorandum of association);
documents about the individual entrepreneur or information about the participants of the legal entity;
extract from the Unified State Register of Legal Entities;
local regulations approved by the management of the company;
official in the organization job descriptions, internal labor regulations, as well as staffing;
the content of individual and collective labor contracts concluded with employees and the head of the company;
an act on the procedure for processing personal data of employees;
regulations on the organization of work on labor protection, regulations on the labor protection service;
vacation schedule approved by the head, required in accordance with Art. 123 of the Labor Code of the Russian Federation;
provisions on wages (Article 129 of the Labor Code of the Russian Federation) and the accrual of incentive payments (Article 135 of the Labor Code of the Russian Federation);
payslip form and schedule shift work;
personal cards of employees, issued in accordance with applicable standards;
work books and a journal of the movement of work books;
time log;
scheme of management of production and economic activities;
a journal of introductory and working briefings, programs for conducting briefings at the workplace, instructions for labor protection;
orders on the procedure for passing an internship, orders for admission to independent work;
acts of commissioning of buildings and structures, acts of acceptance production mechanisms;
personal cards for issuing personal protective equipment, documents on the purchase of special clothing and footwear;
certification protocols for labor protection, certificates of training in safety rules labor activity;
documents on passing medical examinations.

What period does the labor inspectorate check during a scheduled inspection

According to legal guidelines, a scheduled inspection of the employer, carried out by employees of the labor inspectorate, should occur no more than 1 time within 3 years.

What years does the labor inspectorate usually check?

Most often, information for the last 3 years is subjected to verification. The inspector requests from the representative of the employer a register of inspections. This document allows you to track the frequency of control activities. In the journal, labor law enforcement authorities note:

name of the control body;
start and end date of the audit;
tasks and subject legal grounds to organize control measures;
list of detected violations and issued orders.

Inspection by the labor inspectorate of a small enterprise

The purpose of conducting an inspection of small enterprises is to search for violations of the labor rights of employees. If there are relevant requests, the inspector introduces the manager to the administrative regulations of the audit. Then the officials carry out control measures and inform the head of the organization about the results of the inspection.

If the state inspector detects deviations from current law, he:

issues an order to the representative of the legal entity in order to eliminate the identified violations within a specific time frame, as well as to take measures to prevent injuries among employees;
supervises the execution of issued orders.

Hello! Today we will discuss what a labor inspection is, what violations it detects, and what threatens an employer who violates the law. Check from tax office the second most popular after the tax audit.

If you have at least one hired employee - be prepared that you will be checked for compliance with labor laws and labor protection standards. But, as they say, forewarned is forearmed. Undesirable consequences can be avoided if you know when, how they will check, and how you can prepare.

The procedure for conducting an audit by the labor inspectorate

The entire verification process consists of several stages:

Alert. The inspectorate notifies the employer of a scheduled on-site or documentary inspection no later than three days in advance by sending him a copy of the order to conduct the inspection against signature. For its part, the person being checked has the right to request complete information about the bodies and their employees who will carry out the check, and a regulation with a detailed procedure for control measures. Even about an unscheduled inspection, the entrepreneur must be warned by letter a day before it starts.
Verification of documents, on-site verification by the labor inspectorate. Usually, the check begins with a request for copies of the documents of interest to the inspection, but it happens that the first check is carried out on site. The inspector must begin work by presenting an individual certificate and an inspection order that you received earlier as a notification. Only the inspection carried out by the person specified in the inspection order will be legal.

Maximum scan duration:

Based on the results of the inspection, two copies of the act are drawn up.. In rare cases, the act is drawn up immediately with the employer, most often the person being checked is called to the inspection to draw up documents.
If the inspector finds violations(however sad, but this happens in most cases), then he will issue an order containing:

Description of the violation and the date it was committed;
Link to relevant law;
Deadlines for elimination of violations. If a re-inspection shows that the violations have not been eliminated, the company faces administrative liability.

According to the law, the results of the audit can be appealed.

Limits of what is permitted

What do labor inspectors have the right to do, and what actions are outside the scope of their job descriptions?

The powers are detailed in Government Decree No. 875, but here are the main ones:

Check the employer at any time of the day. However prerequisite is the presence of a certificate and an order;
Receive papers and data for verification, both from the employers themselves and from federal or territorial authorities;
Take samples of substances for analysis. Only if an appropriate act is drawn up;
Carry out investigation of accidents, the cause of which could be a violation of labor protection standards;
Submit instructions to eliminate violations. Even about the removal from work of certain persons. The employer has no right to refuse their execution;
In extreme cases, send a request to the court to terminate the activities of the company;
Participate in litigation as an expert.

Please note that in 2019 inspections will be held in a new format, which was established by Government Decree No. 1080 of 09/08/2017. The powers and procedures of the inspectors remained the same. The changes affected the results of the check. Now they will be entered into checklists, which are grouped by topic. One sheet - one topic.

Take, for example, an employment contract. The inspector has the right to ask the employee whether he has concluded an employment contract with the company. If it turns out that it is not, and this will be confirmed by the course of the audit - the contract was not presented by the company's management upon request, a violation is entered on the checklist. All identified violations must be documented so that later there are no disputes - disagreements with the results of the audit.

In fact, the checklists are a kind of questionnaire - a guide, according to which the inspector asks questions within the framework of a certain topic of the checklist, and when receiving answers, requires documenting them. A total of 132 checklists have been approved, but this does not mean that they will all be completed. In each case, the inspector, based on the activities of the company, decides independently which sheets to use and which not. Remarkably, he is not entitled to check more than indicated in the checklists.

Inspectors cannot:

Request information, samples that are not related to the object of verification;
Seize the originals of any documents.

Grounds for verification by the labor inspectorate

Inspections by the labor inspectorate, like most other inspections, can be scheduled or unscheduled.

Any organization can fall under a scheduled inspection by the labor inspectorate; for an unscheduled inspection, more compelling reasons are needed.

So, the reason for the inspection can be:

Scheduled check may be based on one of the reasons:

The employer has registered or started to conduct entrepreneurial activity 3 years ago;
The previous audit ended 3 years ago.

According to the moratorium on inspections of small businesses in Russia, until the end of 2018, enterprises falling under the law were exempted from scheduled inspections by the labor inspectorate. Currently, the Ministry of Economic Development and the Prosecutor General, on behalf of the Government, are developing amendments to the legislation providing for the extension of this moratorium until 2022.

The schedule of inspections for 2019 is already presented on the website of the Prosecutor General's Office.

The impetus for an unscheduled inspection (the law does not provide for restrictions on the frequency of such inspections) can be:

The expiration of the term for the execution of the order from the last audit;
Issuance of an order on the basis of an order from the prosecutor's office;
Delay by the employer of wages, as well as its issuance not in full;
Calculation of wages below the minimum provided by law;
Violation Labor Code RF, which caused a threat to the health of employees;
Receipt of complaints from employees about violation of their rights specified in the Labor Code of the Russian Federation or a request to check working conditions (the inspection does not consider anonymous appeals, but it must act confidentially, without advertising on whose complaint the check is organized).

What does the labor inspectorate check?

Compliance with any norms of labor legislation at the enterprise is subject to verification.

The labor inspector may request (and you will be required to provide) the following documents:

Employment contracts, personal cards of employees and other data about them;
Employment books of employees at the enterprise and their accounting journal;
Work schedule and time sheet;
Sick leave certificates, documents on medical examinations of employees;
Vacation schedule, as well as other related documents (employee statements);
Settlement sheets;
Accounting statements, individual employee accounts and other details of employee benefits;
The charter of the company and internal regulations;
Registration of work with citizens of other states and beneficiaries;
Regulations on wages, bonuses, personal data of employees;
Proof of ( personal signatures) the fact that all employees are familiar with the above documents.

The exact list of documents to be checked by the labor inspectorate depends on the basis for its conduct.

How to Prepare for a Labor Inspection Check

The most common violation, entailing a fine to the employer, is the lack of all necessary documents.

Local acts are obligatory for each, even the smallest organization with employees. For example, this is a set of internal regulations, a regulation on the personal data of employees.

It is also mandatory to issue a pay slip (payment via bank transfer is no exception) - they do not have to be issued against signature, but employees should be aware of their right to know the monthly payment made. If desired, the employer has a way to insure himself by keeping a journal of issuing pay slips.

The employer must keep the employment records for all employees in a safe.

Often, employers make inaccuracies in the preparation of basic documents. For example:

The rate of remuneration is not prescribed;
The copy of the employment contract (any other document) owned by the employer is not signed by the employee;
The vacation schedule is signed later than 14 days before the beginning of the calendar year.

In addition to documents, it is worth taking care of compliance with all labor laws. Timely certification and safety of employees at their workplace are very important. Whether workers need special clothing or accessories, protective masks or gloves, and much more depends on the type of work they do.

Other common mistakes:

The annual leave is divided into small parts, and none of them reaches 14 days;
Wages below the minimum wage;
The amount of wages is not indicated in Russian rubles;
Wages are issued less than once every 15 days, while there is no written consent an employee on a similar payment schedule;
Hiring foreign citizens fixed-term contract before the expiration of the work permit. To avoid administrative liability with foreign citizens, it is better to conclude standard open-ended contracts.

Penalties from the labor inspectorate

If the labor inspector reveals violations, then first of all the employer will be presented with an order. Failure to comply with all points of the order may result in suspension of activities or a fine.

Depending on the violation, a fine may be brought against the company itself, its manager, individual entrepreneur, or responsible persons (this may be the head personnel department or Chief Accountant), if it is provided by the rules of the company.

The most common penaltiesissued by the labor inspectoratein2018 year:

Violation	Official fine		Penalty for IP	Penalty for a legal entity
Violation of labor law	1,000 - 5,000 rubles			30,000 - 50,000 rubles
Repeated violation of labor law	10,000 - 20,000 rubles or disqualification for up to three years	5,000 - 10,000 rubles		50,000 - 100,000 rubles
Admission to work of an employee who does not have the right to do so (for example, without a permit book), while the employee denies this.	10,000 - 20,000 rubles for an employer and 3,000 - 5,000 for an employee
Evasion of concluding an employment contract with an employee or its incorrect execution	10,000 - 20,000 rubles		5,000 - 10,000 rubles	50,000 - 100,000 rubles
Repeated evasion of concluding an employment contract, deliberately incorrect execution of it or re-admission to work of an employee who does not have the right to do so	Disqualification for up to three years		30,000 - 40,000 rubles	100,000 - 200,000 rubles
Violation of labor protection requirements	2,000 - 5,000 rubles			50,000 - 80,000 rubles
Repeated violation of labor protection	30,000 - 40,000 rubles or disqualification up to three years			100,000 - 200,000 rubles or termination of activities for up to three months
Violation of the requirements for conducting a special inspection	5,000 - 10,000 rubles			60,000 - 80,000 rubles
Admission to work for an employee who has not been instructed in labor protection	15,000 - 25,000 rubles			60,000 - 80,000 rubles
Failure to provide employees with personal protective equipment (when required)	25,000 - 30,000 rubles			130,000 - 150,000 rubles

Administrative investigation by the labor inspectorate

The labor inspectorate visits the enterprise with an inspection in order to monitor compliance with the law, but if the inspector works to establish and record the fact of violations by the employer and bring the violator to justice in accordance with the RF Code of Administrative Violations, then we are talking about an administrative investigation.

The decision to start an investigation is made by the employee of Rostrud or an employee of the state labor inspectorate.

An investigation is initiated in the following cases:

As a result of the check that revealed violations. But before proceeding with the investigation, the inspector is obliged to obtain the explanations of the suspect in the violation, the testimony of witnesses and victims (if any), then formally request information to resolve the case;
As a result of a complaint against the employer or a message containing enough data to suspect the employer of an administrative violation.

The document on the initiation of an investigation is called a determination. Within 24 hours after its preparation, a copy of the document against receipt is provided to the employer and the victim.

The definition text contains:

Date and place of its compilation;
Full name, position of the compiler;
The reason for initiating an administrative case;
Testimony of witnesses and other possible evidence of the offense;
The relevant article of the Code of the Russian Federation on Administrative Offenses;
A record about explaining to the participants in the investigation their rights and obligations.

The investigation lasts no more than a month from the date of initiation of the case, it can be conducted both by the inspector who conducted the earlier inspection, and by another state labor inspector.

Further development of events depends on the results of the investigation.

If the violation is not confirmed- The inspector issues a decision to dismiss the case.

If a violation has been proven- the inspector forms a protocol on administrative offense. The case will be reviewed within 15 days. state inspection labor, in rare cases (as a rule, if the violation was repeated), the inspector takes the case to court.

The completion of the investigation will be the issuance by the inspection or the court of a decision to impose an administrative penalty or to dismiss the case.

Employers are required to comply with labor law. The state checks from time to time how this obligation is being fulfilled. In practice, if a company of any form of ownership has at least one person in the state, the labor inspectorate will come there: planned, and sometimes unscheduled.

What do labor inspectors check? The main purpose of audits is to monitor compliance by entrepreneurs and officials labor legislation. The procedure and standards for this control are regulated at the legislative level. In particular, articles from chapter 57 of the Labor Code are devoted to this.

Legislative acts that control the implementation of labor law:

Federal Law No. 294 of December 26, 2008 is aimed at protecting legal entities and individual entrepreneurs during inspections. It regulates the state supervision procedure, sets the deadlines, and contains other important information for entrepreneurs.
Government Decree No. 875 of 09/01/2012 approves the Regulations on state supervision in the field of labor law.

Grounds for control

Oversight activities fall into two main categories: planned and unscheduled. The former are of a preventive nature and depend only on the regulations established by law. The latter are aimed at identifying specific violations and depend on the actions of the employer or the appeals of individuals.

Scheduled GIT visits

The basis for scheduled inspections from the GIT is statutory the need for state supervision over the implementation of labor legislation. Control is carried out periodically, depending on the risk category assigned to the enterprise. This approach is due to Federal Law No. 294 and paragraphs 17-24 of the Regulations on Labor Supervision.

How often and for what period the labor inspectorate routinely checks:

1 time in 2 years - companies from the high-risk category.
Once every 3 years - organizations that have been assigned a significant risk category.
Once every 5 years - companies with medium risk.
Once every 6 years - enterprises from the category with moderate risk.

Legal entities that fall into the low-risk segment are not subject to scheduled inspections.

Unscheduled checks

The grounds for unscheduled inspections are described in Article 360 of the Labor Code of the Russian Federation. Among them:

Appeal to the GIT with complaints about violation of labor standards. For example, the reason may be a salary delay or if its level is below the minimum wage, neglect of labor protection conditions, improper registration labor relations and etc.
The end of the period that was set by the previous audit to correct the identified shortcomings.
Initiative of the Government, the President or the Prosecutor's Office. At the same time, the head of the inspection issues an appropriate order.

What does the GIT check: the procedure for conducting

Schematically, the regulations for conducting supervisory activities can be reflected as follows:

Alert. A notice of a scheduled inspection must be received by the enterprise at least 3 days before the visit of the inspector. During this time, you have the right to request details forthcoming review: which body sends the commission, the regulations for checking the labor inspectorate, for what period they check, in what order and what measures are provided. If the check is unscheduled, then the law does not oblige the GIT to notify. The inspection can start at the same moment when the inspector came to the company. But in practice, more often they notify you a day in advance.

Verification of documents. Since 2018, the check has been carried out in the form of a questionnaire. The powers and rights of inspectors have not changed, but the rules of their actions have become more structured: the results of the control are entered into checklists formed by topics (for example, in the topic “Labor Contract”, the labor inspectorate checks the existence of contracts, the correctness of their preparation, and the timeliness of signing).

The Institute of Professional Personnel Officer has recorded several videos about working with checklists. Check out the intro and other videos.

We will talk in detail about what documents the labor inspectorate checks.

Drawing up an act with results. Sometimes it is compiled at the enterprise, but most often you need to go to the GIT for it.

Drafting an order. This paragraph is performed if there are violations. The document contains a description of the violation, even its commission, a link to a legislative act, a deadline for elimination. At the end of the term, there will be another check.

What does the labor inspectorate check during a scheduled inspection?

There is no fixed list of documents that the inspection requires without fail. The list of acts that you are required to present at the request of the inspector includes:

Labor contracts.
Personal files and personal cards.
Labor books and registers of their accounting.
Time sheet.
Work schedule and vacation schedule.
Settlement sheets and accounting statements.
PVTR and some other local acts.
Registers of familiarization with LNA, personnel and accounting documents.

What does the labor inspectorate check during an unscheduled inspection

Unscheduled inspections are thematic in nature. That is, the GIT receives a signal about a specific violation and conducts an investigation on this topic. For example, an employee complained that the employer did not pay on the last working day or did not give the work book.

If the check is thematic, the inspector is limited to the scope of the request. That is, in the example above, he does not have the right to check compliance with labor protection standards or request documents related to other employees.

A special case is what the labor inspectorate checks when an employee complains who wishes his name to remain unknown to the employer. Article 358 of the Labor Code of the Russian Federation gives workers such a right. In this situation, the inspector, in order to keep the applicant incognito in front of the company, may request documents from several employees.

How to check the registration of a complaint to the labor inspectorate? The employer cannot do this: only the order that the inspector presents is available to him. But the applicant can track the status of his application through Personal Area on the site onlineinspeckiya.rf.

What the labor inspectorate checks: limits of authority

The limits of authority of inspectors depend on the type and subject of the inspection. As already mentioned, there is no universal list of documents to be checked, but there are 3 main limitations.

What an inspector can't do: 3 restrictions

Check more than the questionnaires provide.
Require documents or information that is not related to the subject of the check.
Seize original documents.

If there are violations, administrative responsibility can be applied not only to the head, but also to senior executives. For example, the chief accountant. But ordinary employees cannot be held accountable based on the results of an audit from the GIT.

How to prepare: instructions

Having studied legislative framework, the regulations for conducting inspections and what the SIT on labor protection checks, you will be better prepared for both scheduled and unscheduled inspections. For additional help, we will also give a kind of TOP-list of "punctures" in terms of personnel matters.

TOP list of employers' mistakes during verification

Not all employees are framed employment contracts(TD). If the contract does not contain the signature of the employee, it is also considered not concluded.
There are no required parameters in the TD. For example, working conditions or salary rate.
There are no mandatory LNAs. For example, internal labor regulations. Or they are, but there is no evidence that employees are familiar with them before signing the TD.
Leave schedule too late (less than 14 days before the start of the calendar year).
Vacation of one or more employees is broken incorrectly: all parts are less than 14 days.
Wages are paid less frequently than every 15 days without the written consent of the worker. Watch our video on preparing for personnel audits.

Checks are always an additional burden on the head of the enterprise, accounting and personnel service. The visit of GIT inspectors is no exception. A course from the Institute of Professional Human Resources will help you prepare, reduce stress and undesirable consequences. Watch a video about preparing for personnel audits or