Labor inspectorate inspections are among the most “popular” among employers and are perhaps second only to tax authorities. If even one hired employee is involved in the company, sooner or later he will visit it corresponding commission.
Grounds, subjects of verification and its varieties
Visits to the enterprise can be both planned and unannounced. In the first case, this is a direct reason for inspecting absolutely any company or institution.
Unscheduled commission comes only if there is weighty arguments which could be:
- the expiration of the management's compliance with the order issued during the previous visit;
- signing a prosecutor's order on the need to inspect a specific object of labor activity;
- systematic delays in material accruals to employees;
- below the statutory minimum wage;
- non-compliance with the norms of the Labor Code of the Russian Federation;
- official complaints of workers about non-observance or infringement of their rights and freedoms.
Scheduled inspections are carried out according to the established schedule. The exception is new individual entrepreneurs who have registered after its approval.
The order of conduct and the boundaries of what is permitted
The procedure for conducting the work of the labor inspectorate commission has the following algorithm of actions:
- opportunity to visit the organization around the clock;
- requesting counter documentation from business partners of the company;
- taking samples of substances for laboratory research;
- investigation of injuries and accidents at the enterprise;
- drawing up an order to eliminate violations and comments;
- in case of non-submission of the claim to the courts with subsequent participation in its meetings.
Go beyond what is permitted:
- requests for disclosure of information not related to the subject of the audit;
- seizure of original documents.
Full list of documents for 2020
Defined full list of documents that fall under the control of the executive bodies of this service:
- labor agreements, registration cards of staff units;
- all work books of employees;
- internal personnel registers;
- accounting sheets, on the basis of which wages are calculated;
- sheets of temporary disability;
- schedules of planned annual holidays and personal statements of employees on this occasion;
- payrolls;
- information on material resources paid to employees for the period under review;
- the internal charter of the enterprise or the regulation on its production activities and all related papers;
- statements of bonuses, encouragement, preferential compensation, allowances for harmfulness;
- sheets of familiarization of the team with internal orders and orders of the management.
Depending on the purpose of the visit, this list may be shortened. It is important to understand that the administration is obliged to provide all the necessary documents at the first request of the inspector. Refusal is understood as a violation of established legislative norms.
HR documentation
The main activity of the labor inspectorate is verification of personnel documentation. In this case, the right to access this category of internal accounting is regulated by Decree of the State Statistics Committee of the Russian Federation No. 1.
The document has legal force, has undergone a number of additions. It contains a list of primary personnel records, a form of forms that are mandatory for use regardless of the type of work activity. The only category to which this rule does not apply is budget institutions.
Local internal documents
This category includes labor agreements, papers regulating the internal mode of operation of the organization, the provision on material accruals and bonuses, the order on the personal protection of personal information of employees and commercial secrecy.
All of them are required to have legal compliance and not bear mutual contradictions.
Vacation schedule
The inspector needs to be sure that over the past period of time, employees went on regular vacation annually, their schedules were not violated, and vacation accruals were made regularly and completely.
The date of approval of the schedule for the next year is also important. This must be done no later than December 15th. At the same time, the document should not contradict the normative legislative acts of the Russian Federation. If the staff unit goes on vacation at the wrong time, this fact should be internal order of the head.
Salary payment
The most important point in the work of the inspector. Violations will not be detected if payments were made regularly, twice a month. The terms and place of settlements with employees must be indicated in collective labor agreement.
The amount of material remuneration for the work performed is also carefully checked. It takes into account all forms of surcharges that exist in the enterprise. The situation with dismissed employees is also under control - all financial settlements with them must be carried out in a timely manner.
Information related to labor protection
This area of inspection involves checking the working conditions of workers, their training and timely briefings, the availability of personal protective equipment, if necessary, and compliance with safety measures at work.
Subject to verification the documents, reflecting the facts of the certification of employees and workplaces for compliance with established standards, depending on the type of activity.
Dates
Regulatory Framework strictly regulated timing of inspections. Depending on the type of work activity, next maximum allowable period:
- for branches of large organizations and production centers - no more than 60 days;
- for small and medium individual businesses - within 50 hours;
- for micro-companies - no more than 15 hours;
- for other groups of organizations - no more than 20 calendar days.
As part of the inspection and on the basis of the results obtained, a relevant act. It is drawn up in duplicate - either directly at the enterprise, or the employer is summoned to the labor inspectorate.
If violations are revealed during the audit, and this happens practically in 90%
cases, the inspector will first write an order for the elimination of comments, which contains the following information:
- the essence of the detected violations - with a detailed description of the situation;
- reference to the legal framework and legislative acts governing this process;
- the time allotted to management to eliminate deficiencies and violations.
Fines and administrative investigation
If, after the expiration of the period prescribed in the inspection order, the administration has not taken appropriate measures, the violator may be subject to fine system or an internal investigation was carried out and an administrative penalty was imposed on those responsible for these shortcomings.
So, for the proven fact of violation of the current legislation, the material penalty for an individual will be up to 5000 rubles. For the legal from 30,000 to 50,000 rubles.
In case of discovery of repeated facts - from 10,000 to 100,000 rubles. respectively. This article also provides for the deprivation of the guilty employee of the qualification for a period of three years.
For serious violations, for example, the systematic evasion of the employer from entering into labor agreements with employees or the admission to work of persons who do not have legal rights to do so, a fine is expected from 30,000 to 200,000 rubles.
Administrative investigation is carried out:
- Based on the facts of detected violations, as a final action - if a deeper check is required, interviewing witnesses and employees involved. In addition, information is collected from injured workers.
- As a response to a complaint filed with the inspection bodies, or receipt of information about the presence of administrative illegal actions in order to verify their reliability.
The paper, which is the basis for launching the investigation mechanism, is called definition.
The duration of the event is within 30 days since its inception.
For more information about inspections by the state labor inspectorate, see the video.
14.08.2015 00:17
Documents for verification by the labor inspectorate
We note right away that the list of documents requested during the verification of the labor inspectorate is not defined anywhere. During the inspection, the labor inspector may request any document confirming (or not confirming) the employer's compliance with labor laws.
Therefore, we can say that all mandatory labor documents must be available to the employer, and these documents must be properly executed.
Treaties
The organization must have the following agreements:
1. Employment contracts. All employment contracts must contain the mandatory conditions established by Article 57 of the Labor Code.
2. Agreements on full individual liability and agreements on full collective (brigade) liability.
The lists of works and categories of employees with whom these contracts can be concluded are approved by the Decree of the Ministry of Labor of the Russian Federation of December 31, 2002 No. 85.
3. Student agreements. These agreements must be in the organization when applying for an apprenticeship.
Mandatory local acts of the organization
Every organization must have:
1
. internal labor regulations;
2
. salary and bonus regulations. This provision is mandatory only if the wage system is not reflected in the collective agreement or in another local act of the organization, for example, in the internal regulations (Article 135 of the Labor Code of the Russian Federation).
3. regulation on personal data of employees(Article 88 of the Labor Code of the Russian Federation);
Under certain conditions, the organization must have the following local acts:
1
. local normative act, which indicates the positions of employees with irregular working hours.
This document is required if the organization has employees who have irregular working hours, provided that this information is not reflected in the collective agreement or other local act, for example, in the internal regulations (Article 101 of the Labor Code of the Russian Federation).
2.
shift schedule.
The presence of this document is necessary in cases where work in the organization is carried out in shifts. The shift schedule can be drawn up as an annex to the employment contract (Article 103 of the Labor Code of the Russian Federation);
3.
local regulation providing for division of the working day into parts.
This document is mandatory in those organizations where the working day can be divided into parts (Article 105 of the Labor Code of the Russian Federation);
4.
a local normative act that provides for the procedure and conditions for employees to pass vocational training or retraining.
The document should be in the organization only if the employer decides on the need to send employees for training, retraining or advanced training (part three of article 196 of the Labor Code of the Russian Federation). Instead of the approval of the LNA, the conditions for training can be included in the collective agreement or, for example, in the internal labor regulations.
5.
local normative act establishing the procedure for the application shift method(part four of article 297 of the Labor Code of the Russian Federation). The condition for establishing the procedure for applying the rotational method does not have to be drawn up in a separate local act; this condition can be included in a collective agreement or internal labor regulations.
Labor protection documents
All employers are obligated to ensure safe conditions and labor protection (Article 212 of the Labor Code of the Russian Federation).
Employers must have:
1. Labor protection instructions
Labor protection instructions are among the mandatory local acts of the organization. The Ministry of Labor of Russia issued Guidelines for the development of labor protection instructions (approved on May 13, 2004). Employees must be familiar with the instructions on labor protection against signature. To do this, you should keep a log of familiarization of workers with instructions on labor protection.
2.
Documents confirming the passage instruction and training in labor protection.
All employees, including heads of organizations, are required to undergo labor protection training and testing knowledge of labor protection requirements (Article 225 of the Labor Code of the Russian Federation). The procedure for training and testing knowledge is established by the Decree of the Ministry of Labor of Russia and the Ministry of Education of Russia dated January 13, 2003 No. 1/29 (hereinafter referred to as the Procedure).
For all persons hired, as well as for employees transferred to another job, the employer (or a person authorized by him) is obliged to instruct on labor protection (clause 2.1.1 of the Procedure). In addition to the initial briefing, the employer is obliged to conduct repeated and, in established cases, unscheduled briefings.
Conducting all types of briefings is recorded in the relevant briefing logs indicating the signature of the instructed and the signature of the instructing person, as well as the date of the briefing (clause 2.1.3 of the Procedure).
Note that, as a general rule, all employees must undergo training. However, it is obvious that in fact only employees of working professions need such instruction. Therefore, employees who are not associated with the operation, maintenance, testing, adjustment and repair of equipment, the use of electrified or other tools, the storage and use of raw materials and materials, may be exempted from undergoing primary briefing at the workplace.
At the same time, the list of professions and positions of employees exempt from primary briefing at the workplace is approved by the employer (clause 2.1.4 of the Procedure). The same employees are also exempted from undergoing re-instruction. Therefore, the employer must have training logs.
So, the documents confirming the introductory briefing:
- minutes of the meeting of the commission for testing knowledge on labor safety;
- personal card of training;
- introductory briefing log;
- logbook of briefing at the workplace;
- a list of professions and positions of employees exempted from primary briefing at the workplace.
Forms confirming the passage of the introductory briefing contains GOST 12.0.004-90. “Interstate standard. System of labor safety standards. Organization of labor safety training. General Provisions". All of these forms are recommended.
Orders (instructions) of the employer
Order- This is an administrative document issued and signed by the head of the organization. Labor legislation establishes the obligation to issue orders, while there is no list of possible orders. Therefore, the organization is obliged to keep all "labor" orders.
Orders on personnel must be kept in the organization for 75 years (Article 19 of the List approved by Order of the Ministry of Culture of Russia dated August 25, 2010 No. 558).
Documents related to payroll
The employer is obliged to notify each employee in writing when paying wages (part one, article 136 of the Labor Code of the Russian Federation). Labor inspectors will definitely check whether the form of the payslip is approved by the organization. Therefore, the company must have an order to approve the payslip.
In addition, labor inspectors pay attention to whether the days of payment of wages are indicated:
- in an employment contract with an employee;
- in the internal labor regulations;
- in the collective agreement (if any).
"Vacation" documents
The organization must approve the vacation schedule. The schedule is approved no later than two weeks before the start of the calendar year (part one, article 123 of the Labor Code of the Russian Federation).
In addition to the vacation schedule, labor inspectors will check whether employees are notified of the start time of the vacation no later than two weeks before it starts. Therefore, the organization must have either a special journal for notifying employees about the start of vacation, or copies of notices that must be signed by employees and dated.
personnel documents
The organization must have the following documents:
1. Employment books. The employer is obliged to keep work books for each employee for whom this work is the main one.
2. Personal cards of employees. Personal cards can be kept according to the unified form No. T-2.
Documents on accounting of working hours and staff
The organization must have:
1. Timesheet. The obligation of the employer to keep records of working hours is enshrined in Article 91 of the Labor Code of the Russian Federation. The time sheet can be maintained using the unified form No. T-12.
2. Staffing. It does not directly follow from the Labor Code that the staff list is a mandatory document for all employers. Therefore, if the labor function of employees is determined through a specific type of assigned work (for example, “an employee is hired to clean the territory”, etc.), formally it is possible not to approve the staffing table. Meanwhile, in most cases, it is impossible to do without a staffing table. The employer draws up a staffing table based on the norms of articles 15, 57 of the Labor Code.
Notices and notices
Labor law obliges the employer to notify employees of the occurrence of certain events, so the employer must have:
- vacation notices;
- notices of reduction in the number or staff of employees;
- notice of termination of a fixed-term employment contract;
- other notifications.
Applications and certificates received from employees
The organization must keep statements employees:
- granting or postponing vacations;
- on granting maternity leave and leave to care for a child;
- on termination of the employment contract at the initiative of the employee;
- other statement.
Rightvki. received from employees:
- confirmation of pregnancy;
- on the presence (absence) of a criminal record;
- other references.
Journals and ledgers
Organizations must maintain the following journals and books:
1.
The book of accounting for the movement of work books and inserts in them (the form was approved by the Decree of the Ministry of Labor of Russia dated October 10, 2003 No. 69).
2.
Income and expense book for accounting for work book forms and an insert in it (the form was approved by the Decree of the Ministry of Labor of Russia dated October 10, 2003 No. 69).
3.
Register of employees leaving on business trips from the sending organization (the form was approved by order of the Ministry of Health and Social Development of Russia dated September 11, 2009 No. 739n).
4.
Register of employees who arrived at the organization to which they are seconded (the form was approved by order of the Ministry of Health and Social Development of Russia dated September 11, 2009 No. 739n).
5.
Journal of registration of accidents at work (the form was approved by the Decree of the Ministry of Labor of Russia dated October 24, 2002 No. 73).
6.
Journal of introductory briefing (form recommended by GOST 12.0.004-90. "Interstate standard. System of labor safety standards. Organization of labor safety training. General provisions").
In addition, the organization must have a Journal of Acquaintance with Local Regulations. Note that the fact of familiarization with local regulations can be confirmed differently, for example, by making familiarization sheets for local regulations.
So, here we have given an extensive, but not complete list of documents that a labor inspector may require during an audit.
If you are not sure that you can correctly assess the availability and correctness of paperwork, we suggest you use the help of our specialists and order the service "personnel audit".
(according to the magazine "Personnel business")
Inspections by labor inspectors, who carry out federal state supervision of compliance with labor laws, affect all employers - both organizations (regardless of their organizational and legal forms and forms of ownership) and individuals.
The entrepreneur may try to find out in advance what the State Inspectorate checks during an unscheduled inspection, but, as a rule, the subject of the inspection is not only the general compliance with the requirements of labor legislation and other regulatory legal acts containing labor law norms, but also the implementation of instructions to eliminate those identified during previous inspections violations, as well as control over the implementation of measures to prevent violations of labor law norms and to protect the labor rights of citizens.
What's new on offer?
By the end of July 2020, State Duma deputies promise to consider a bill that will clarify the timing of inspections of legal entities that have branches, representative offices and separate structural divisions. The authors of the initiative propose to supplement Part 4 of Article 13 of the Federal Law of December 26, 2008 No. 294-FZ “On the Protection of the Rights of Legal Entities and Individual Entrepreneurs in the Implementation of State Control (Supervision) and Municipal Control” with the rule that the total period of a scheduled inspection cannot exceed 60 working days within three years.
It should be noted that in the legislation a similar rule was introduced in relation to certain types of state and municipal control back in 2011. But due to the vagueness of the wording, the situation when a company with separate divisions in different regions is checked several times and exceeding the deadline of 60 days has not changed. Most often, Rosselkhoznadzor, Rospotrebnadzor, the Ministry of Emergency Situations violate the rule, sometimes Rostrud also delays the deadlines, the State Duma found out.
In order to reduce the administrative burden on organizations that have branches in various constituent entities of the Russian Federation, Law No. 294-FZ proposes to clearly indicate the terms for checking the labor inspectorate: in the new version, they cannot exceed 60 working days, regardless of the presence of separate divisions. And this rule will apply to all types of municipal and state planned control without exception.
Types of checks
By their nature, inspections by the state labor inspectorate are divided into scheduled and unscheduled.
Scheduled check
A scheduled inspection can be carried out after three years from the date of:
- state registration of a legal entity;
- completion of the last scheduled inspection of the legal entity;
- the commencement by a legal entity of entrepreneurial activities related to the performance of work or the provision of services requiring the provision of a notification of the commencement of such activities. In particular, we are talking about hotel and personal services, catering services, retail and wholesale trade, some types of services for the transportation of passengers and goods. A detailed list of these types of activities can be found in the List of Works and Services approved by the Government of the Russian Federation (Decree of the Government of the Russian Federation of July 16, 2009 No. 584).
In addition, the Government has established a list of organizations in respect of which inspections can be carried out more often than once every three years. These include companies operating in the field of healthcare, education, social services, heating, electricity, energy conservation and energy efficiency.
Until December 31, the federal executive authorities authorized to exercise control draw up a plan for scheduled inspections for the next year and post it on their official websites on the Internet. You can find lists of checks at the following addresses: http://git78.rostrud.ru/plan/ , https://proverki.gov.ru , http://plan.genproc.gov.ru/ . This is the only reliable way to find out about the labor inspection and slowly prepare for it.
If your company is included in the verification plan, then the first thing to check is whether this inclusion is legal.
In accordance with Article 26.1, from 01/01/2016 to 12/31/2018, scheduled inspections are not carried out in relation to legal entities, individual entrepreneurs classified as small and medium-sized businesses under Article 4 of the Federal Law of 07/24/2007 No. medium business in the Russian Federation”. In connection with the adoption of Federal Law No. 480-FZ of December 25, 2018, the moratorium on inspections was extended until December 31, 2019, although there are some peculiarities. In particular, inspections organized by supervisory authorities that have switched to risk-based control are not prohibited.
The exceptions remain the same: companies operating in the field of healthcare, education, social services, heat supply, electricity, energy conservation and energy efficiency.
In addition, supervisory holidays do not apply to organizations that have committed gross violations or lost their licenses within three years before the time of scheduled inspections.
The company has the right to submit to the state control body an application for exclusion from the annual plan for scheduled inspections, if it believes that the inspection is included in the plan in violation of the provisions of this article. The procedure for filing and considering such an application is determined by Decree of the Government of the Russian Federation of November 26, 2015 No. 1268.
Unscheduled check
An unscheduled inspection of the labor inspectorate is a way for the control bodies to “put out the fire”, quickly respond to a problem, to a violation of the law. Therefore, supervisory holidays do not apply to unscheduled inspections.
An unscheduled check is carried out:
- if the term for execution by the organization of a previously issued order to eliminate violations has expired;
- if the Labor Inspectorate received relevant appeals and statements about the facts of violations by employers of the requirements of labor legislation and other regulatory legal acts containing labor law norms, including labor protection requirements, which entailed a threat of harm to the life and health of employees, as well as led to non-payment or incomplete payment in due time of wages, other payments due to employees, or the establishment of wages in the amount less than the amount provided for by labor legislation;
- if the labor inspectorate received:
- appeal or statement of the employee about the violation by the employer of labor rights;
- an employee's request for an inspection of the conditions and labor protection at his workplace in accordance with Art. 219 of the Labor Code of the Russian Federation;
- if the head of the labor inspectorate issues an order (instruction) in accordance with the instructions of the President of the Russian Federation, the Government of the Russian Federation, as well as on the basis of the prosecutor's request to conduct such an inspection as part of supervision over the implementation of laws on materials and appeals received by the prosecutor's office.
IMPORTANT!
From 01/01/2017, when considering these appeals and statements, information about facts, the results of consideration of previously received similar appeals and statements, information, as well as the results of previously carried out control measures in relation to the relevant legal entities, individual entrepreneurs, should be taken into account. In practice, this should mean that with regular complaints against the company, or if the company or manager has already been issued orders or held liable, the notion of the presumption of innocence will disappear in relation to this employer. However, the mechanism has not yet been developed, and it is difficult to say now how this will happen in reality.
What does the labor inspectorate check during an unscheduled inspection? First of all, inspectors must find evidence of violations of workers' rights or labor laws in general. In the absence of reliable information about the person who committed the violation of labor legislation, an official of the labor inspectorate may conduct a preliminary check of the information received. During the preliminary check, measures are taken to request additional information and materials (including orally) from the persons who sent applications and appeals. As part of a preliminary check, clarifications may be requested from a legal entity, individual entrepreneur regarding the information received, but the provision of such clarifications and other documents is not mandatory.
If, based on the results of the preliminary inspection, the persons who committed the violation are identified, the official of the labor inspectorate prepares a reasoned submission on the appointment of an unscheduled inspection. Based on the results of the preliminary check, measures to bring a legal entity, an individual entrepreneur to liability are not taken.
How to find out about an unscheduled inspection of the labor inspectorate? It is impossible to find such information on your own. But the law states that the organization must be notified of the audit by any available means:
- on a scheduled inspection - no later than three working days before its start;
- about an unscheduled inspection - at least 24 hours before the start of its conduct.
Documentary checks
A documentary check can be both scheduled and unscheduled, and is carried out at the location of the territorial body of the state labor inspectorate. During this inspection, the labor inspector has the right to request documents confirming employment and directly related relations.
At the same time, if he considers that the available documents are not enough to conduct an inspection, then a reasoned request may be sent to the employing organization to provide additional information with a certified copy of the order (order) of the head (his deputy) of the inspection. The employer, in response to the letter, is obliged to send the documents specified in the request in the form of certified copies or in electronic form within ten working days.
Field checks
During an on-site inspection, which can also turn out to be both scheduled and unscheduled, the information contained in the documents provided by the employer is checked at the location of the employer organization. It is important to note that within the framework of an unscheduled on-site inspection, state labor inspectors, in the presence of an official certificate of the established form, have the right to freely visit employers at any time of the day.
Advance notification of an employer that an unscheduled on-site inspection is being conducted against him by the Federal Labor Inspectorate is prohibited by law in the following situations:
- when an unscheduled on-site inspection is carried out in connection with the receipt by the state labor inspectorate of appeals and statements about the facts of violations that resulted in a threat of harm to the life and health of employees, as well as led to non-payment or incomplete payment of wages and other payments due to employees on time, or setting wages in an amount less than the amount provided for by labor legislation;
- when such an inspection is organized on the basis of an employee’s appeal or statement about a violation by the employer of his labor rights.
IMPORTANT!
From 01/01/2017, during an on-site inspection, it is prohibited to require from the inspected to provide documents and information that they provided during the documentary inspection. In practice, this means that after a documentary check, the labor inspectorate should rely on the documents provided to it earlier, and not demand them again and again.
The term of the inspection by the labor inspectorate
The period of verification by the labor inspectorate should not exceed 20 working days. At the same time, for a micro-enterprise, such a period is set at 15 hours, and for a small enterprise - 50 hours. However, such an exception does not apply to the timing of an unscheduled inspection by the labor inspectorate, when it comes to field and documentary inspections: their period is strictly limited to 20 days.
If necessary, the inspectorate may extend the inspection period, but by no more than 20 working days, and for small enterprises and micro-enterprises - by no more than 15 hours.
If the decision to extend the inspection period is made, then it must be brought to the attention of the employer at least three working days before the end of the main inspection period.
Extension of the period of unscheduled and documentary inspections is not allowed.
What does the labor inspectorate check?
What documents and for what period is the labor inspectorate entitled to check?
In Art. 357 of the Labor Code of the Russian Federation states that during inspections, state labor inspectors have the right to request from employers and their representatives and receive from them free of charge documents, explanations, and information necessary to perform control functions.
Inspectors have the right to request all mandatory personnel documents and documents on labor protection. First of all, labor contracts with employees will be checked. The correctness of their design, the content, the design of all the changes that have occurred - all this will be carefully checked.
Personnel orders will also be checked: admission, transfer, dismissal, vacations. All orders must have a number, a documentary basis, the employee's signature on familiarization.
Be sure the inspector will request a staffing table, internal labor regulations, local regulations (for example, on material incentives for employees), magazines for familiarization with local acts, labor protection magazines, a register and movement of work books.
Moreover, the law does not limit controllers in relation to the period for coverage by verification. As for the depth of verification, there can be restrictions only in relation to the terms of storage of documents. Therefore, the employer is not obliged to provide documents whose retention period has expired.
Personnel documents must be stored in the organization in accordance with the terms established in the Order of the Ministry of Culture of Russia dated August 25, 2010 No. 558 “List of typical managerial archival documents generated in the course of the activities of state bodies, local governments and organizations, indicating the storage periods”. All organizations, regardless of the form of ownership, must comply with the deadlines specified in the List (clause 1.2 of the List, Decision of the Supreme Arbitration Court of the Russian Federation dated February 21, 2012 No. 14589/11).
The rights and obligations of the employer during the on-site inspection
The employer has the right:
- be notified in due time about the upcoming inspection;
- require inspectors to show official identification;
- receive a copy of the order (order) of the head (deputy) of the labor inspectorate certified by the seal to conduct an inspection;
- demand to present a copy of the document on the coordination of the inspection with the prosecutor's office, if an unscheduled on-site inspection is organized on the grounds requiring such coordination;
- request information from officials about the body that sent them to conduct the audit, as well as about the experts and expert organizations participating in it;
- be present during the inspection and give explanations on issues related to it;
- ask to get acquainted with the administrative regulations for the inspection and the procedure for its conduct;
- refuse to pay for the check;
- get acquainted with the results of the check;
- provide objections in writing if he does not agree with the facts, conclusions set out in the inspection report (instruction to eliminate the identified violations). Objections, together with certified copies of supporting documents, are submitted to the relevant labor inspectorate within 15 days from the date of receipt of the inspection report;
- to appeal in administrative and (or) judicial procedure the actions (inaction) of officials of the body conducting the inspection, which entailed a violation of the rights of the employer;
- challenge the application of administrative punishment based on the results of the audit.
During an on-site inspection, the employer must:
- provide for verification documents related to the subject, goals, tasks of verification;
- organize the personal presence of the head during the inspection or ensure the presence of officials or authorized representatives of the organization responsible for organizing and conducting activities to comply with mandatory requirements in the field of labor and labor protection;
- ensure unhindered access of inspectors to the territory of the organization, to buildings, structures, structures, premises used in the implementation of economic activities, to equipment and transport;
- keep a log of inspections, the standard form of which is approved by Order of the Ministry of Economic Development No. 141.
Result of checking
How are the results of inspections documented if there are no violations? The law obliges inspectors, upon completion of the inspection, to draw up an act in the prescribed form (approved by Order of the Ministry of Economic Development No. 141) in two copies. One of them with copies of the applications is handed over to the authorized representatives of the employer against a personal signature on familiarization or refusal to familiarize with the inspection report. At the same time, the head (or authorized representative) of the organization has the right to reflect in the act his agreement or disagreement with the results of the audit, as well as with individual actions of the officials who conducted it.
In case of disagreement with the conclusions contained in the act, the employer may appeal against it within 15 days. To do this, it is necessary to submit written objections to the appropriate body specified in the act.
If during the inspection violations were revealed, the inspectors present the employer with an order to eliminate them. It specifies the requirements for the elimination of identified violations of labor legislation and other regulations containing labor law norms, for the restoration of violated rights of employees, for bringing those responsible for violations to justice, etc.
If the employer needs to eliminate violations, then the order must contain a reference to the paragraph, paragraph, part and number of the article of the law, the provision of which is violated. If the inspector violates the procedure for issuing an order, the employer has the right to appeal it.
In addition, the employer and its officials may be held administratively liable. The decision to bring to administrative responsibility may be appealed to the head of the inspection or to a higher organization and in court.
Penalties based on inspection results
Bringing to administrative responsibility is most often expressed in the imposition of a fine. Employers should remember that several violations of labor law norms identified within the framework of one inspection form independent administrative offenses (Resolution of the Presidium of the Supreme Court of the Russian Federation of August 15, 2014 No. 60-AD14-16). This means that following the results of one check, if several different violations are found, a fine will be imposed for each.
At the same time, employers should be aware that the same violations revealed during two different inspections can form a single offense, which means that in this case there should be only one fine. A similar case was considered by the Supreme Court of the Russian Federation: several employees complained to the GIT about the violation of their rights during the reduction. As a result of two unscheduled inspections, the inspectors issued two separate decisions to hold the employer's official accountable, while the type of offense was the same. When deciding on this case, the judges emphasized that the same type of violations should be included in a single administrative offense, which means that the fine should be one, not two. The fact that the fines were issued based on the results of two different inspections, and the fact that the victims were different people, the judges did not consider a fact that allows imposing double punishment for the same violation of labor legislation (Resolution of the Supreme Court of the Russian Federation dated 01.10.2018 No. 41-AD18 -21).
Summing up, it is worth saying the following: do not consider the maintenance of personnel records management and the proper execution of labor protection requirements as a secondary function in the organization's business processes. Competent and accurate observance of the necessary procedures will protect the company both from large penalties and from lawsuits and other complaints from employees.
State labor inspectors may conduct unscheduled and scheduled inspections of any employer in accordance with the procedure established by law. The subject of inspections is the compliance by the employer in the course of its activities with the requirements of current regulatory legal acts, which contain labor law norms..
Grounds for labor inspections
What do employees complain about the most?
In the process of carrying out professional activities, employees may have a variety of claims against their superiors. However, modern practice shows that the most common of them are the following:
- Delayed wages or unlawful refusal of the employer to fulfill its financial obligations. Salary is the main reason and incentive for the quality performance of regular professional obligations by employees. The employer, in turn, has a heavy responsibility to make regular payments.
In accordance with the established rules, funds must be issued to modern employees at least twice in one calendar month. That is why many companies have the following rule: first, employees receive an advance and only then - the rest of their earnings. Failure to comply with this rule is a serious violation on the part of the employer.
In addition, the funds due to employees must be issued to them on strictly defined dates. These dates are fixed in the relevant section of each employment contract, as well as in other internal documents of the company. Violation of the existing payment schedule by the employer also gives employees the legal right to file formal claims against superiors.
- Illegal dismissal. As you know, each employee can be dismissed from the organization on the basis of his own desire, by agreement of the parties, as well as by the unilateral decision of the head. It is in the latter case that employees, most often, have claims against their superiors.
- Violation by the employer of the legal rights of employees to receive regular paid leave. According to the standard rules, a rest period must be granted to employees every year. Its duration, in most cases, is exactly 28 days. The departure of employees on legal leave is carried out on the basis of a predetermined schedule. At the same time, the employee can make an independent decision about whether he will take the entire vacation or divide this period into several parts. The employer, in turn, is obliged to fulfill the requirements of the employee. Otherwise, the employee will have every reason to contact the authorized body and file formal claims.
- Illegal reduction by the employer. The head has the right to reduce, however, such actions must be justified in terms of legislative norms. Moreover, the current rules established a list of special categories of employees who cannot be subject to reduction under any circumstances. Therefore, if the employer nevertheless decides to lay off such employees, they will be able to recognize this decision as illegal.
Is the inspector obliged to warn about an unscheduled inspection?
An inspection by the labor inspectorate is a special procedure during which special attention is paid to the activities of the organization and its compliance with established legislative standards. Naturally, for each employer, such a check is characterized by serious stress. The fact is that the violations discovered during the verification activities will be necessarily recorded by authorized persons in writing. Moreover, based on the discrepancies found, the employer may be subject to liability measures provided for by law.
That is why modern managers are often worried about whether the labor inspector is obliged to warn the employer in advance about the imminent visit. It should be noted right away that everything here will depend on the direct type of verification that was chosen by the authorized person, for example:
- As you know, the inspection of the labor inspectorate can be carried out as planned. In this case, it will be a standard procedure that is performed by authorized persons at regular intervals. In this situation, the labor inspector will indeed be obliged to warn the head of the organization in advance about the upcoming inspection. Moreover, the warning must be in writing. For this, the labor inspector draws up a special notice, which is sent to the employer. This document can be drawn up in free form. The main thing is that it contains the following information: the name and address of the organization to which the labor inspector is sent, basic information that the company will be audited, etc.
During the preparation of the above notification, the authorized person must also observe another important rule, namely, the established deadlines within which the employer must be aware of the verification. In accordance with the current rules, the document must be handed over to the employer no later than three days before the actual start of the inspection.
- The second type of inspection of the labor inspectorate can be called unscheduled. It is a special event that, as their name implies, takes place unscheduled. To appoint an unscheduled inspection, the authorized person must have certain grounds. In most cases, such a basis is the receipt of a written appeal from a disgruntled employee. In his letter, he can report various violations that are committed by the employer. The labor inspector never warns the head of the organization about an unscheduled inspection.
How to minimize the negative consequences of a labor inspection?
Of course, the results of any inspection by a labor inspector will directly depend on whether the employer carries out his activities in good faith. However, modern practice allows us to highlight several important tips, the observance of which will reduce the negative consequences to a minimum:
- First of all, it is advisable to make contact with the inspector. No need to try to set obstacles for him to carry out the test. This behavior of the employer will only aggravate the situation and set the inspector against him.
- When communicating with the inspector, you need to be as restrained as possible, not be rude, and, moreover, not try to intimidate him. All this will only result in additional problems for the director.
- In addition, it is necessary to quickly and efficiently fulfill all the requirements of the authorized person. For example, the inspector may require the submission of some additional company documents for their careful study, etc.
- After receiving the appropriate conclusion on the results of the audit, it is not necessary to try to challenge the violations indicated in the document. If the employer really considers them unfair, the labor inspector's decision will need to be challenged in court.
