Checks government bodies companies of various forms of ownership for the compliance of their activities with the standards labor law are enshrined in the legislation of the Russian Federation in the field of supervision. For such actions of state structures, there are appropriate grounds, regulations and procedures. main goal inspections of the labor inspectorate is the control over the observance by officials, entrepreneurs and organizations of the norms and requirements labor law(Articles 353 and 356 of the Labor Code of the Russian Federation).

Labor inspections (territorial divisions of Rostrud) inspecting organizations are regulated by the Labor Code of the Russian Federation, Federal Law No. 294 “On the Protection of the Rights legal entities and IP in the exercise of state and municipal control”, Decree of the Government of the Russian Federation No. 875, which fixed the Regulation on supervision in the field of labor legislation and other regulatory acts. There are also laws regulating such inspections at the regional and local levels.

Labor inspection inspections are a difficult period in the life of any enterprise, a huge physical and moral burden on management, financial and personnel services.

That's why it's so important to know characteristics such events, and be prepared for them well in advance.

Grounds for conducting inspections

Inspections conducted by state labor inspectors in organizations can be scheduled and unscheduled(which, in turn, are divided into documentary and field). Implementation procedure audit is strictly defined by law. To start verification actions in both the first and second options, grounds (reasons, cases) are needed.

Scheduled check It is possible in relation to any organizations and is carried out once every three years.

For its implementation, it is enough to have even one grounds, from those called Law No. 294-FZ:

• three years have passed since state registration employer;
• a three-year period has elapsed since the completion of the last scheduled inspection;
• the employer actually carries out his entrepreneurial activity within three years (from the date of submission of a special notice to the authorized body).

This list of grounds is closed, that is, inspectors are not allowed to name other reasons for carrying out scheduled inspections of compliance with labor law standards.

For unscheduled inspection a certain reason is needed, emanating, as a rule, from employees of the enterprise and signaling various kinds of violations (part 7 of article 360 ​​of the Labor Code of the Russian Federation):

• the employee's application to the labor inspectorate about the violation of his labor rights by the employer;
• receipt of a request for an audit of working conditions at the workplace from an employee of an organization;
• receiving applications from individuals, organizations, employers, authorities state power, media about cases of violation of labor law. These actions must carry the threat of harm to the life and health of employees;
• completion of the term for the employer to correct violations as prescribed by the labor inspectorate;
• issuance of an order (instruction) by the head of the division of the state labor inspectorate on the implementation of an unscheduled inspection at the request of the prosecutor, on behalf of the President or the Government.

Useful information for the manager about this procedure

Anonymous calls the labor inspectorate, as well as other state bodies, are not considered. In the Russian Federation, this rule is enshrined at the legislative level. In the application of the employee to the labor inspectorate, his main data must be indicated: full name, address and telephone number.

If Complaint filed by an employee against an employer, then the latter, as a rule, wants to have information on whose behalf the fact of violations was declared. However, the employee can keep his personal data secret (be sure to mention this in the application), then the inspectors must act strictly confidentially (Article 358 of the Labor Code of the Russian Federation).

The law does not provide for a mandatory employer notices for unscheduled inspections. If a warning about the start date of the inspection is not able to affect the quality of the inspection as a whole, then the labor inspector can warn the employer no later than one day before the inspectors arrive at the enterprise, which most often happens in practice.

If there is not a comprehensive, but a thematic verification of compliance with the requirements of legislation in the field of labor, then the inspectors in their actions do not have the right to go beyond the designated issues, require information outside the subject of the audit. So, if the topic of the audit is documents on labor protection, then the inspectors cannot touch upon issues of activity personnel service.

During the revision inspectors the state labor inspectorate, in addition to checking the necessary documents, can inspect all the premises of the enterprise, ask questions to the staff, request missing information from responsible employees.

At detection of violations administrative responsibility (fine) can be imposed not only on the head of the organization, but also on its individual employees, for example, the head of the personnel department, an accountant. However, ordinary employees cannot be fined.

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Documentation for audit by the inspection

There is no officially approved composition and order of documents that need to be checked by inspections. It does not matter what kind of inspections are carried out in organizations - scheduled or unscheduled, labor inspection entitled to request any documents concerning the activities of the organization in the sphere of labor. Especially when it comes to complex checks. Both the original documents for inspection and confirmation that the employees were familiar with them (paintings in magazines) are presented. It is permissible to make copies and extracts from the received originals.

The entire array of inspected documents can be divided into three big groups:

• HR documents: and Memorandum of association, a collective agreement, with inserts, personal cards of employees, various job descriptions (for example, etc.) and, numerous orders for personnel (about, about dismissal, about transfer, about vacation, about incentives, about business trips, etc.), sick leave, and relevant notices, regulations on remuneration and bonuses, journals and books of accounting and familiarization (book of accounting for the movement of work books and inserts, journal of familiarization with local regulations, etc.).
• Accounting documents: numerous documents related to wages - pay slips, personal accounts of employees, etc.
• Documents on labor protection: regulations on personal data, instructions related to labor protection, regulations on certification, documents on training and medical examinations of citizens, a safety briefing log, relevant orders (instructions) of the employer, etc.

Conduct audits in accounting and human resources departments

Accounting and Human Resources - key areas audit actions of authorized bodies. It is in these places at the enterprise that the bulk of the necessary documentation is concentrated.

The accounting department checks the compliance of the remuneration system at the enterprise with the current legislation, it is revealed whether the economic rights of employees have been violated. Inspectors may request: pay slips, pay slips of employees, personal accounts of employees, cash desk, checkbooks.

Frequent violations This area of ​​work may include:

• ignoring the notification of employees about wages using payslips;
• incorrect registration of payrolls;
• lack of signatures of employees on documents, errors in personal accounts of employees, etc.

Subject of verification in the HR department are: founding documents organizations, collective and labor agreements, work books and their inserts, leave and payment documents wages, local acts of the organization, documents related to labor protection, orders and orders of the employer, notices and notifications, statements and certificates, journals and books of records with signatures of employees familiar with the rules and events.

Personnel orders are being studied: orders for employment, transfer, vacation, dismissal, business trip, encouragement, according to the forms approved by the State Statistics Committee of the Russian Federation of 2004. Also, auditors may be interested in orders on disciplinary sanctions, on overtime work, on suspension from work, on temporary transfer due to operational necessity, etc.

Local regulations must have form and content in strict accordance with the law, must not allow contradictions in relation to each other, as well as to employment contracts and staffing (different work schedules, different pay systems, etc.).

Frequent documentary violations in HR:

According to the results of the scheduled inspection a special act is drawn up, and if there were violations, the corresponding protocol. The employer is issued an order to eliminate them within a certain period of time.

If this is not followed, then administrative responsibility in relation to the head comes into force on the basis of the Code of Administrative Offenses. An inspection of an enterprise by a labor inspectorate can be appealed either to the chief state labor inspector of the Russian Federation, or by filing.

Period of scheduled inspections

Scheduled inspection of the supervisory authority in the field of labor inspects three-year period of activity of the enterprise. At the same time, at present, on the website of the Prosecutor General's Office of the Russian Federation, you can find out about the schedule of scheduled inspections of organizations for a certain year. Such a plan must be posted on the website until the end of the next year before the test year.

Rostrud must three days before the start notify the organization on the conduct of scheduled inspections on its territory. An inspection not included in the general annual schedule is prohibited, and its results are cancelled.

Despite the fact that scheduled inspections are supposed to be carried out no more than once every three years, this rule contains exceptions. Regarding educational, medical organizations and enterprises social sphere auditing activities are carried out twice or more within three years.

An unscheduled inspection can be carried out at any time. The dates of inspections are recorded in the register of control measures.

By general rule deadline a scheduled inspection cannot exceed 20 working days; for branches, the total period should not exceed 60 working days. However, if we are talking about small businesses, then for small enterprises and micro-enterprises this period is 50 hours and 15 hours, respectively. These regulations do not apply to unscheduled inspections. If necessary, the term of the on-site scheduled inspection is extended by 20 working days (but not more), which must be notified to the employer 3 days in advance.

How to properly prepare for an audit

Checking the organization by the labor inspectorate is a large-scale event for which it is impossible to prepare at once. Therefore, it is recommended that periodic internal audit of enterprise documentation to be fully prepared even for an unscheduled audit.

Better draw up correctly documents immediately, “after the fact”, without postponing “for later”, as well as tidy them up periodically. check for compliance with labor laws. The employer must have all mandatory documents on labor available and be properly executed.

First of all, specialists of the labor inspectorate pay attention to the presence and correct execution of various title documents in the organization. All standard instructions and orders must be drawn up according to special forms; under statements and receipts of employees - to stand their signatures; magazines - have hard covers, be bound and, with page numbering, indicating the total number of sheets, signatures of responsible persons and the seal of the organization.

Also, when conducting any type of inspection, in order to avoid a fine, maximum attention should be paid to preparation of missing documents. These often turn out to be local regulations that they like to neglect. small firms. Not only their presence is checked, but also the structure of registration, compliance with them in practice.

Every employer must provide its employees with safe working conditions. They are spelled out in the documents on labor protection, the presence of which is necessary in any organization. These can be various instructions, documents confirming that employees have been trained in labor protection. This kind documents must be available, regardless of the size of the organization and the number of employees hired.

For the convenience of the personnel service, it is recommended put separately a list of special categories of workers: minors employed in hazardous work, employees with special age development, foreign citizens, etc. In the case of inspections, the labor inspectorate pays increased attention to the observance of their labor rights.

For the rules and features of conducting inspections by the labor inspectorate, see the following video lecture:

State labor inspectors may conduct unscheduled and scheduled inspections of any employer in established by law okay. 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 progress professional activity employees may have a variety of claims against superiors. However modern practice shows that the most common of them are the following:

1. Delayed wages or unlawful refusal of the employer to fulfill his 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 established rules, funds must be issued modern workers 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.
2. Illegal dismissal. As you know, each employee can be dismissed from the organization on the basis of 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.
3. Violation by the employer legal rights 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.
4. Illegal reduction by the employer. The head has the right to reduce, however, such actions must be justified in terms of legislative norms. Moreover, current rules a list of special categories of employees was established, which 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?

Labor inspection is a special procedure during which Special attention is given to the activities of the organization and its compliance with the established legislative norms. 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, on the basis of the discrepancies found, the measures of responsibility provided for by law can be established against the employer.

That is why modern managers are often concerned 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:

1. As you know, the inspection of the labor inspectorate can be carried out as planned. In this case, it will be standard procedure, which 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, another important rule must be observed by the authorized person, 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.
2. 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, current practice allows us to identify several important tips, compliance with which will reduce the negative consequences to a minimum:

1. 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.
2. 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.
3. 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.
4. 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.

From October 22, 2019, the Administrative Regulations for the implementation by the Federal Service for Labor and Employment of federal state supervision over compliance with labor laws and other regulatory legal acts containing labor law norms come into force, approved. Order of Rostrud No. 160 dated June 13, 2019. The document clarifies what the labor inspectorate checks in 2019, for what and what penalties are imposed.

The regulation is written according to the norms on the protection of the rights of entrepreneurs in the exercise of state and municipal control and Government Decree No. 875 of September 1, 2012, therefore it does not introduce any new rules. But you should familiarize yourself with it in order to understand what the labor inspectorate checks during a scheduled inspection, and which points it omits.

As stated in the regulation, checks include control of:

• mandatory requirements, including those related to labor protection;
• procedures for paying salaries, vacations, settlements upon dismissal;
• accessibility of working conditions for persons with disabilities;
• fulfillment of previously issued orders.

In order to prepare for the GIT inspection, employers should study the section of the administrative regulations that describes what powers the GIT representatives have during a scheduled inspection and an unscheduled visit. Omitting the traditional rights to request documents and investigate accidents, Rostrud employees have the opportunity to:

• seize samples of materials and substances for analysis, having previously notified the employer about this;
• submit to the courts demands for the liquidation or termination of the activities of organizations (their structural divisions) due to violation of labor protection requirements;
• prohibit the use of personal and collective protective equipment if they do not meet mandatory requirements;
• act as experts in court on claims for violation of mandatory norms and compensation for harm to injured workers;
• freely come with checks to employers at any time of the day upon presentation of certificates.

According to the general rules, the duration of the inspection of Rostrud is no more than 20 working days. It is permissible to inspect a small enterprise for 50 hours a year, and a scheduled on-site inspection of a micro-enterprise should last no more than 15 hours a year.

Stage 1. What to prepare for verification

GIT before checking sends a large list of documents that are going to check, it has more than 70 items. We divide them into blocks by topic:

1. Statutory documents.
2. Payroll documents.
3. For personnel records:
   • employment contracts and additional agreements;
   • and changes to it;
   • orders - admission, dismissals, transfers, vacations;
   • work books and;
   • local regulations (LNA).
4. On labor protection (OT):
   • regulatory documents - orders, LNA, job descriptions;
   • documents on medical examinations, training;
   • and etc.
5. Documents for foreign workers.

The list is sometimes expanded during the course of the review if additional information is required.

Stage 2. The most important directions

The volume of areas of work being checked makes even experienced specialists worry, and preparation for a scheduled inspection of the labor inspectorate for 2019 is a must for every personnel officer. What do inspectors pay special attention to? Most Checked Moments:

1. Salary arrears - presence or absence.
2. Timely payment of wages, vacation pay, benefits.
3. Availability and content of employment contracts.
4. Availability of a vacation schedule and its implementation.
5. Correctness of registration of dismissals and calculation.
6. Employment records - availability and correctness of registration.
7. and LNA related to wages.
8. Documents for (if any).
9. Everything related to labor protection. The list depends on the presence or absence, work-related injuries, etc.

Stage 3. Employment contracts

First, make sure that all employees have them. Then check the content of the contracts, the presence of all the main conditions in them. For this, we turn to Art. 57 of the Labor Code of the Russian Federation. The main conditions include:

1. Place of work.
2. labor function.
3. Payment amount and payment date.
4. Work start date.
5. The nature of the work.
6. Working conditions in the workplace.
7. Compensation and benefits, if any.

If any of these items is missing, draw up additional agreements and enter the missing information.

These are not all the activities on how to prepare for the inspection of Rostrud. The next step is to check additional agreements. Determine what changes have occurred during the work of employees, and whether all extras are available. agreements. Especially important are changes in wages, positions, working conditions.

Stage 4. Staffing and LNA

Staffing is a must for any organization. Usually they request the current version of the document and the latest changes to it. Check if your full-time “forks” of salaries, and whether the salary is the same for the same positions. In other words, for the position of "manager" in the same department, they do not approve different salaries and do not put the numbers "20,000-25,000". It is important that the size of payments correspond to the regional minimum wage for the current year.

Mandatory LNA - Internal Rules work schedule(PVTR) and Regulations on remuneration (bonuses). PVTR should contain sections:

1. The procedure for admission, transfer and dismissal.
2. Rights and obligations of the employee and the employer.
3. Schedule, work time and rest time.
4. Pay and incentives.
5. Responsibility of the parties.

There should be a provision on bonuses if there are bonuses in the organization. If another pay system is in place, the pay statute or another LDA will answer any questions from auditors about the basis for employee benefits.

The rest of the LNA are of interest to the GIT if they are related to benefits, compensation and other cash receipts. The travel regulations, for example, are requested if the organization has increased per diem payments. And here is the regulation appearance specialist, regulations on document flow, etc. are unlikely to receive the attention of inspectors.

Stage 5. Vacation schedule

Vacation schedules have a short shelf life - 1 year, so efforts should be directed to the current and past years. The law does not provide for acquainting employees with the schedule, but it provides for a two-week notice to the employee of the upcoming vacation. The inspectorate loves to check the timing of notifications. If it is customary in your organization to divide vacation into parts, write this down in the PWTR or in the vacation regulation. The fact that an agreement with the employee on the division of vacation has been reached is evidenced by a statement with a request to schedule several parts of the vacation.

Check if the schedule matches the actual vacation if you know that it is sometimes not followed. In each case of transferring vacation, draw up an employee application for transfer and an order. If there are several transfers in a month, it is permissible to issue one order for all changes.

In the schedule, enter the dates of actually granted vacations and the reasons for their transfer - an application, an order.

And approve the schedule itself no later than 15 days before the beginning of the year for which it is drawn up.

Stage 6. Personal cards and orders

T-2 personal cards must contain the maximum of the requested information. Check for records of transfers, salary changes, and vacations granted. Data can be entered both manually and in hard copy. Be sure to take the signatures of the employee in the column "Reception and transfers" next to each entered order.

Hiring and dismissal orders have a shelf life of 75 years, so it makes sense to keep them accurate, regardless of the checks. Each order must have a basis - a statement, an employment contract, an agreement of the parties, etc. Timely familiarization with the employee's order is mandatory. It is unacceptable to draw up a document retroactively. The date of employment must coincide with the date of the order or be later.

Check vacation orders for availability and for compliance with the vacation schedule. It is important to take the signatures of employees in orders before vacation, for example, 2 weeks in advance, if you do not have a practice of writing notice of the upcoming vacation.

Stage 7. Labor protection

This direction is one of the most checked, approach it as seriously as possible. Regardless of the specifics of the enterprise, the organization must have:

1. Occupational safety specialist (OT), if the company has more than 50 people, or a person who is assigned the relevant duties, if the number is less than 50 people.
2. Documents confirming .
3. Labor protection instructions.
4. Documents on (SUT).

In organizations where there are harmful conditions labor, the list is significantly expanding, it is supplemented by primary and periodic briefings and magazines on it, additional instructions, documents on medical examinations.

If the SOUT has not yet been carried out, but there is already an order to conduct it and the inspectors will not be punished for the lack of a special assessment. Otherwise, you face a fine.

Types, frequency and duration of inspections

Joint checks

The Federal Labor Inspectorate is a department of the Department of Labor and social development RF (Ministry of Labor). It has its representative offices (state labor inspectorates) in the regions. The latter open their branches locally. But there may be exceptions. For example, in Moscow there is only a regional labor inspectorate. She checks companies.

Checks are:

planned and repeated;

targeted, complex and thematic;

joint.

Scheduled and repeated checks

Inspection plans are drawn up both by the inspection itself and by each inspector personally. Any company that is in the jurisdictional inspection of the territory can get into them.

Most often, for scheduled visits, inspectors choose firms where an accident occurred at work or violations were previously identified.

Inspectors usually warn about the upcoming inspection by phone in advance.

Having discovered violations, the Trudoviks issue an order to eliminate them. To check how it is done, the inspectors can come again. Such a check is called a control or re-check.

It can be prevented if you provide the inspectors with documents in advance (before the deadline set in the order) confirming that the order has been complied with.

During a scheduled inspection of Passiv LLC, a labor inspector found that the company violated Article 67 Labor Code RF: did not draw up employment contracts with some employees. The inspector fined the head of the firm for 1500 rubles. (part 1 of article 5.27 of the Code of Administrative Offenses of the Russian Federation) and issued an order to eliminate the violation within a month.

However, two weeks later, the head of the company's personnel department submitted completed employment contracts to the labor inspectorate. The inspector did not re-inspect.

Targeted, comprehensive and thematic audits

Targeted inspections are inspections based on employee complaints. They are carried out most often.

As a rule, any complaint (with the exception of anonymous ones) entails the visit of inspectors.

Mom came to the inspection underage worker. She complained that the rights of her son were being violated in OOO Passiv. The director of the company refuses to give him a vacation in the summer.

To verify the information on the complaint, a targeted unscheduled audit of the company was appointed.

If an employee asks that his complaint be kept secret, inspectors will conduct a thematic review. At the same time, they will determine the topic based on the application of the complainant and sections of the Labor Code of the Russian Federation: an employment contract; working time and rest time; labor of women and minors; salary; guarantees and compensations, etc.

Thematic can be not only an audit on a complaint, but also a scheduled audit.

In order to check how the firm complies with labor laws in general, inspectors will conduct a comprehensive audit. Most often it is planned.

Joint checks

If information about violations of labor legislation was received by the inspectorate from other regulatory agencies, the labor workers can conduct an inspection together with them.

The inspectorate received information from the Central Internal Affairs Directorate of Moscow that OOO Passiv was illegally recruiting foreigners.

It was decided to conduct a joint audit. It was attended by a labor inspector, an OVIR inspector, an inspector of the Migration Department of the Central Internal Affairs Directorate of Moscow.

Frequency and duration of the check

The maximum verification period is one month.

However, in practice, to look at the company's documents, inspectors only need one or two days. Due diligence at a large firm can take up to a week.

Not always the inspector works at the enterprise. Having received copies of the requested documents, he can continue checking in a few days. Then the inspector will notify you by phone.

Scheduled inspections should not be carried out more than once every two years. It says so in federal law dated August 8, 2001 N 134-FZ (Article 7).

This requirement does not apply to complaint checks. There are no time limits for them.

Come to the firm earlier due date inspectors can also:

if they receive information from other inspection departments about violations of labor laws;

if there was an accident at work or there was a threat to the life and health of employees.

Who and what are inspectors checking?

Who are the inspectors checking?

What do inspectors check?

Who are the inspectors checking?

The Labor Inspectorate can inspect any firm or entrepreneur. First of all, these are those who did not find mutual language with their own employees. After all, the inspectors must respond to the complaint within a month. And so they immediately come to see the company.

The inspection can learn about your enterprise not only from complaints. The prosecutor's office, the police, the tax authorities, and funds are actively cooperating with it.

Sometimes the inspector learns the necessary information from advertising newspapers. A lot of job search ads violate the Labor Code of the Russian Federation. For example, such a requirement as a Moscow residence permit.

However, keep in mind that having learned about violations from advertising, the press, anonymous messages, etc., inspectors can include the company in the plan of inspections, which are carried out no more than once every two years.

Trudoviks are not entitled to carry out unscheduled inspections based on such data. This is prohibited by the Federal Law of August 8, 2001 N 134-FZ (clause 5, article 7).

What do inspectors check?

Inspectors check how a firm or entrepreneur complies with labor laws.

For its violation, officials of the company (head, head of the personnel department, Chief Accountant(in terms of paying wages)) or an entrepreneur can be fined from 500 to 5000 rubles (Article 5.27 of the Code of Administrative Offenses of the Russian Federation).

Usually, Trudoviks begin the check by examining the registration certificate and the charter of the company. Sometimes it contains information about working conditions.

Then the inspectors look at employment contracts. Their absence is the most common violation.

Please note: both the employee and the employer must sign all pages of the contract. This is necessary so that later the employee cannot declare that he signed a completely different contract.

The second copy of the contract must be given to the employee. It is better to record the fact of transfer in writing. For example, start a journal in which employees, when receiving a contract, will put their signature.

Many violations are found by inspectors in the content of the employment contract. It must list all the rights and obligations of the employee. You can, of course, refer to the job description. But the Trudoviks advise not to do this.

Installing probation, you can not reduce wages for this period. The inspectors will make you pay the missing amount. In addition, you face a fine.

It is possible to change the terms of an employment contract only with the written consent of the employee (Article 72 of the Labor Code of the Russian Federation). Issue it like this: "Addendum N 3 to the employment contract of May 29, 2002 N 5 / p". The signature of the employee on this document is required.

If changes in the employment contract (salary, working hours, production standards, etc., with the exception of labor function) are caused by organizational or technological changes in the company, it is not necessary to ask the consent of the employee.

In such a situation, you must notify him in writing two months in advance. If the employee does not agree, you must also offer him in writing another job according to his qualifications. If there is no such job, then a vacant lower position or a lower paid job, taking into account his qualifications and state of health (Article 73 of the Labor Code of the Russian Federation). If the employee does not agree with this, you can fire him (clause 7, article 77 of the Labor Code of the Russian Federation).

At the same time, keep in mind: if an employee complains to the labor inspectorate or court, you will have to prove that you transferred or fired him for objective reasons, or rather, because of organizational or technological changes in working conditions.

The head of the company fired two accountants, stating the reason "changes in organizational working conditions." He distributed all the work among the remaining workers.

The labor inspector ordered the dismissed to be reinstated, because the intensity of work among those who remained increased. That is, there were no organizational grounds for dismissal.

In addition, the head of the firm was fined 1,500 rubles. (Article 5.27 of the Code of Administrative Offenses of the Russian Federation).

The head of the firm fired all the guards and signed a contract with a security firm. The labor inspector acknowledged that the manager acted legally, as there is organizational changes working conditions.

If you have a fixed-term employment contract, you will have to prove to the inspector that the nature of the work or the conditions for its performance did not allow you to conclude an indefinite contract with the employee.

If it does not work out, then the Trudoviks will issue an order to consider such an agreement as open-ended (Article 58 of the Labor Code of the Russian Federation). This means that you cannot fire an employee at the end of the contract.

Options urgent work listed in article 59 of the Labor Code of the Russian Federation. For example, replacing a temporarily absent employee, seasonal or temporary work, work that goes beyond the normal activities of the company. In addition, the firm can conclude a fixed-term employment contract with part-time workers, pensioners, managers, their deputies and chief accountants.

Keep in mind: it is impossible to prolong (that is, extend) a fixed-term employment contract for the same period. After prolongation, it becomes indefinite (Article 58 of the Labor Code of the Russian Federation). To avoid this, you will have to fire the employee whose contract has expired and sign a new one for the same (or another) period. At the same time, keep in mind: you must warn of dismissal in writing at least three days before the end of the contract (Article 79 of the Labor Code of the Russian Federation).

In addition to the employment contract with employees, a collective agreement is often concluded. If not, then you will not be fined. The inspectors can only recommend to the workers to conclude it. And if employees heed this advice, then you will have to put up with it.

If the company has a collective agreement, its provisions must be taken into account. You will break the law (Article 8 of the Labor Code of the Russian Federation) if you provide for conditions in the employment contract that worsen the position of the employee compared to the collective agreement. And the inspectors will have reason to fine you.

In the collective agreement of the medical company it was written: "Establish a five-day work week with two days off." However, in labor contracts with doctors, a six-day work week with a total duration of 40 hours.

Based on the results of the inspection, the labor inspector ordered to pay compensation to all workers who worked on Saturdays. In addition, the head of the firm was fined 1,500 rubles for violating labor laws. (Article 5.27 of the Code of Administrative Offenses of the Russian Federation).

The inspector will definitely check the availability of work books.

The company is obliged to issue this document for each employee who has worked for more than five days, with the exception of part-time workers (Article 66 of the Labor Code of the Russian Federation).

If the previous employer does not give the employee his work book, the inspectors recommend opening a new one, writing in it: "I had no confirmed work experience before entering the job."

Please note: you cannot give out a work book to the hands of employees, even after receiving a receipt from them. It is better to give the employee a certified copy. Otherwise, you face a fine.

In addition to books, inspectors will check their log book. In it, the employer must note the fact of receiving (when hiring) and issuing (when dismissing) work books.

After looking at work books, inspectors will check whether the company fills in the personal cards of employees. It is important that these documents are correctly completed and contain all signatures.

The form of a personal card (form N T-2) was approved by the Resolution of the State Statistics Committee of April 6, 2001 N 26.

The company must establish the labor schedule in the so-called internal labor regulations. This is stated in article 189 of the Labor Code of the Russian Federation. Inspectors will definitely check the availability of this document.

The labor rules should include:

the procedure for hiring and dismissing employees (Article 189 of the Labor Code of the Russian Federation);

basic rights, duties and responsibilities of employees and the employer (Article 189 of the Labor Code of the Russian Federation);

mode of operation (Articles 91 and 100 of the Labor Code of the Russian Federation);

breaks for rest and meals (Article 108 of the Labor Code of the Russian Federation);

vacations (Article 119 of the Labor Code of the Russian Federation);

days of issuance of wages (at least every half a month) (Article 136 of the Labor Code of the Russian Federation);

incentives for work not provided for in the Labor Code of the Russian Federation (Article 191 of the Labor Code of the Russian Federation).

This list is not exhaustive. You can establish other conditions in the internal labor regulations. The main thing is that they do not worsen the position of the employee in comparison with the Labor Code of the Russian Federation and the collective agreement (if any).

The company is obliged to familiarize each employee with the internal labor regulations against receipt when hiring or two months before their approval. The head of the company approves the internal labor regulations, taking into account the opinion of the representative body of employees (if any) (Article 190 of the Labor Code of the Russian Federation).

If the company has its own system of bonuses, bonuses, payment of annual remuneration, it must be spelled out in an internal document approved by the head, for example, in the labor regulations or the Regulation on remuneration.

The company is obliged to familiarize each employee with this document against receipt.

The inspectors will analyze whether the wage system at the enterprise complies with the law and whether it infringes on the rights of individual employees.

To check how the company pays wages, inspectors will look at payrolls, cash, checkbook.

Salary must be paid at least twice a month. This is stated in article 136 of the Labor Code of the Russian Federation. If it is more convenient for you to pay less often, get applications from employees asking them to pay money once a month.

When paying wages, the company is obliged to notify each employee in writing of its constituent parts, grounds and amounts of deductions, as well as the total amount payable (Article 136 of the Labor Code of the Russian Federation).

The form of the pay slip issued to the employee must be developed by the company itself.

Inspectors will definitely check whether pay slips are issued to employees and whether the enterprise has an order to approve the form of this document.

To determine the timing of settlements upon dismissal or vacation, the Trudoviks will look at the relevant orders, personal account, payment documents.

If the company violates these terms, it will have to pay the employee a salary with interest in the amount of at least 1/300 of the Central Bank refinancing rate for each day of delay (Article 236 of the Labor Code of the Russian Federation).

In addition, inspectors can fine the head of the company or the chief accountant under Article 5.27 of the Code of Administrative Offenses of the Russian Federation in the amount of 500 to 5000 rubles.

To account for personnel, the company must draw up a staffing table. This document is one of those checked by labor inspectors.

Form staffing approved by the Decree of the State Statistics Committee of April 6, 2001 N 26 (form N T-3).

This document must indicate which positions are provided for in each structural unit firms, number of staff positions, salary and allowance for each position, monthly payroll.

The staff list for the year is approved by the head of the company. Changes made during the year are issued by order.

If the enterprise has shift work, it is necessary to draw up a shift schedule (Article 103 of the Labor Code of the Russian Federation). At the same time, take into account the normal (without overtime) working hours in the company. It can't be more than 40 hours a week. For some workers, such as minors, this figure is lower (read more below).

If, due to the nature of the work, the weekly norm cannot be observed, accounting for a longer period of time (month, quarter, etc. up to a year) is allowed. But even then you need to meet the standard of working time at the rate of 40 hours a week.

The company is obliged to familiarize employees with the shift schedule no later than one month before its approval.

Do not forget: you cannot set two shifts in a row for the same workers. This is stated in article 103 of the Labor Code of the Russian Federation.

Each company is required to keep records of the working hours of its employees. For this, a time sheet is provided. Its form was approved by the Decree of the State Statistics Committee of April 6, 2001 N 26 (forms N T-12 and T-13).

Checking the report card, inspectors first of all pay attention to the accounting of overtime work. If the timesheet contains no more than "8" numbers, and the controllers found that employees worked overtime or on weekends (for example, the inspectors found an order to go to work on weekends), then the company will have to pay employees extra money.

Overtime work (no more than four hours for two consecutive days and 120 hours per year) is paid:

for the first two hours - not less than one and a half times;

for subsequent hours - at least double the amount (Article 152 of the Labor Code of the Russian Federation).

Instead of increased pay, the company can provide the employee (at his request) with time off for at least the time worked overtime.

Weekends and holidays are paid double. At the request of the employee, the company can provide him with another day to rest. Then work on a holiday or day off is paid in a single amount, and the day of rest is not paid. This is stated in article 153 of the Labor Code of the Russian Federation.

Be sure to take a statement from the employee that he agrees to replace the increased pay with time off. Otherwise, you face a fine.

The firm constantly attracted employees to work overtime, for which they paid them bonuses. The labor inspector made such a conclusion by examining the time sheet and orders for bonuses. The director of the company explained that the work begins only when the materials are brought. And this happens, as a rule, by the end of the working day.

Despite the fact that the amount of bonuses significantly exceeded the estimated amount of overtime pay, the inspector fined the director 1,000 rubles. (Article 5.27 of the Code of Administrative Offenses of the Russian Federation) and ordered to pay employees for overtime hours.

In addition to overtime work, inspectors will check the working hours of minors, women with benefits, disabled people and part-time workers.

You may only hire employees between the ages of 14 and 16 for 24 hours a week (and with the consent of a parent). Moreover, if they study, they can work no more than 2.5 hours a day, and if they do not study, then no more than five hours (Articles 92 and 94 of the Labor Code of the Russian Federation).

Minors between the ages of 16 and 18 may work seven hours a day, and the total working time per week must not exceed 36 hours.

If you hired a part-time job, indicate on the time sheet that he worked no more than four hours a day and 16 hours a week (Article 98 of the Labor Code of the Russian Federation).

The duration of working hours for disabled people of groups I and II is 35 hours per week (Article 92 of the Labor Code of the Russian Federation). Daily shift hours are set by doctors. Therefore, ask such workers for a medical certificate (Article 94 of the Labor Code of the Russian Federation).

Each firm should develop a vacation schedule to take into account the sequence of annual paid vacations of its employees. This is stated in article 123 of the Labor Code of the Russian Federation.

The form of this document is provided for in the resolution of the State Statistics Committee of April 6, 2001 N 26 (form N T-7).

The vacation schedule is approved by the head of the company (taking into account the opinion of the trade union (if any)) no later than two weeks before the start of the calendar year. If changes need to be made to the schedule during the year, the manager issues an order to that effect.

The company must familiarize its employees with the vacation schedule on receipt after it is signed by the head, and also notify each employee about the start of the vacation two weeks in advance. This will be checked by the inspectors.

Then they will see if the rights of some workers, such as minors, are respected. They can leave at any time convenient for them.

Not a single check is complete without studying personnel orders. The company is obliged to familiarize the employee with them against receipt. If you don't, you will have to pay a fine.

First of all, the Trudoviks will look at the orders for hiring (form N T-1), for transfer (forms N T-5 and T-5a), for vacations (forms N T-6 and T-6a), for dismissal (forms N T-8 and T-8a), about a business trip (forms N T-9 and T-9a), about promotion (forms N T-11 and T-11a).

Inspectors can also look at other orders that are somehow related to inspection issues. For example, disciplinary sanctions, overtime work, suspension from work, temporary transfer due to business needs, etc.

Keep in mind: Article 192 of the Labor Code of the Russian Federation provides for only three disciplinary sanctions: reprimand, reprimand, dismissal. Apply others (for example, demote) the employer is not entitled.

In addition, it is impossible to assign several penalties at once for one misconduct (Article 193 of the Labor Code of the Russian Federation).

The director of the company reprimanded the manager Petrov for absenteeism and fired him for the same reason (subclause "a", clause 6, article 81 of the Labor Code of the Russian Federation).

The labor inspector ordered Petrov to be reinstated, because two penalties cannot be applied for the same violation at once.

The head of the company was fined 1000 rubles. (Article 5.27 of the Code of Administrative Offenses of the Russian Federation).

If an employee needs certified copies of orders and other documents related to work (extract from the work book, salary certificates, about the period of work at the enterprise, etc.), the employer is obliged to issue them no later than three days after the employee wrote the corresponding statement. This is stated in article 62 of the Labor Code of the Russian Federation.

Information about employees necessary for the employer can be stored in their personal files. The labor inspector has the right to check how they are being conducted.

The obligation of the personnel service to keep personal files is provided only for public service(Article 8 of the Federal Law of July 31, 1995 N 119-FZ "On the Fundamentals of Public Service Russian Federation"). You can develop your own procedure for collecting and storing information about employees. To do this, the manager needs to approve the Regulation on the personal data of the employee. You must familiarize each employee with it against receipt.

Here are some documents that an employer can collect and store:

application for a job;

autobiography;

a copy of the work book;

a copy of diplomas, certificates of education, documents on awarding an academic title, degree;

medical report (if a medical examination is required by law);

a copy of the employment order;

personal sheet or questionnaire (full name, year of birth, gender, education, marital status, children, close relatives, passport details, TIN, pension insurance certificate number);

copy of the passport;

copies of orders related to the employee’s labor activity (on transfers, business trips, promotion, bonuses, disciplinary action etc.);

other documents related to the employee ( job description, a copy of the employment contract, certification documents, advanced training, copies of certificates of marriage, divorce, birth of children, etc.).

An employee has the right to look at his personal file at any time, make copies of the documents stored in it (Article 89 of the Labor Code of the Russian Federation).

The employer is obliged to observe the regime of secrecy, that is, not to disclose data about the employee to third parties without his consent (Article 88 of the Labor Code of the Russian Federation). Access to such data is allowed only to specially authorized persons (for example, police officers, prosecutors) and only to the extent necessary to perform their functions.

The employer is obliged to ensure safe working conditions and labor protection at the enterprise. This is stated in article 212 of the Labor Code of the Russian Federation.

First of all, inspectors will check whether employees are familiar with safety regulations. This must be done as soon as an employment contract has been concluded with the employee. The fact of instruction must be recorded in writing. It is best to keep a safety briefing log.

If you allowed an employee to work who did not pass a safety briefing or a mandatory medical examination, you face a fine.

On manufacturing plant with a staff of more than 100 people, it is necessary to create a labor protection service or introduce the position of a labor protection specialist (Article 217 of the Labor Code of the Russian Federation). The person appointed to this position must undergo special training.

If you do not want to create such a service yourself, you can conclude an agreement with a company providing services in the field of labor protection. This is stated in article 217 of the Labor Code of the Russian Federation.

Where does verification begin?

Documents to be submitted by inspectors

Before the start of the inspection, the inspector is obliged to present to the head of the company (his deputy) or the entrepreneur an official certificate and an order (order, instruction) to conduct an inspection.

The form of this document is not approved, so each region has its own sample.

The order is signed by the head of the labor inspectorate of your region or his deputy. The order must be certified by a seal.

It indicates the type of inspection (scheduled or unscheduled), the reasons for an unscheduled inspection (most often a complaint from an employee), the timing of the inspection, the subject of the inspection, full name. inspector.

The order must be issued specifically for your company or for you as an entrepreneur.

Here is an example of an order that Moscow inspectors come with:

Federal Labor Inspectorate

Ministry of Labor and Social Development of the Russian Federation

State Labor Inspectorate in Moscow Order N 5-187/3

In accordance with Article 7 of the Federal Law of 08.08.2001 No. N 134-FZ "On the protection of the rights of legal entities and individual entrepreneurs during state control(supervision)", the Labor Code of the Russian Federation and the Regulations on the Federal Labor Inspectorate, I entrust (ch.) the state labor inspector A.G. Fomina carrying out planned (unscheduled) activities for supervision and control over compliance with labor legislation (including labor protection legislation) of the Russian Federation in LLC "Passive" since April 4, 2003

At the same time, I explain that, in accordance with articles 19.4-19.7 of the Code of Administrative Offenses of the Russian Federation, disobedience to the lawful order of an official exercising state supervision and control, obstruction of his execution official duties, failure to provide the necessary information and failure to comply with a legal order within the time limit entails the imposition of a fine.

Head of State Inspectorate
labor - chief state
labor inspector in Moscow Fedorov N.I.

What to pay attention to first

Inspectors can conduct any inspection (scheduled, unscheduled, repeated, etc.) only if they have certificates and an order (order, instruction) signed by the head of the regional labor inspectorate.

If these documents are not presented to you, you can refuse the inspectors.

The labor inspector came to the firm with an unscheduled inspection. At the same time, he did not present the order, arguing that he simply wants to see how the order was executed. The head of the company did not let the controller into the office.

The inspector accused the head of interfering with the inspection, and tried to fine him through the court under part 1 of article 19.4 of the Code of Administrative Offenses of the Russian Federation. However, the court found that the head acted legally.

As a rule, the inspection is carried out by one inspector. But if several people come to you, see if they are listed in the order. Only the official whose name is in the presented document is entitled to conduct an inspection.

Make a copy of the order, or at least rewrite the data of the inspectors.

Pay attention to verification questions. Inspectors cannot go beyond their limits. For example, if the subject of the audit is the accrual and payment of wages, then controllers are not entitled to check issues related to the dismissal of employees. This is stated in the Federal Law of August 8, 2001 N 134-FZ (Article 8).

An order that does not specify the subject (questions) of verification is illegal.

If everything is in order with the documents presented, but you did not let the inspector into your territory, he can draw up a protocol on this violation and send it to the district or justice of the peace.

The judge has the right to fine:

entrepreneur or head of the company - in the amount of 1000 to 2000 rubles;

other employees - in the amount of 500 to 1000 rubles (part 1 of article 19.4 of the Code of Administrative Offenses of the Russian Federation).

Such measures are rarely used by workers. If things are really bad, they turn to the police for help (most often to the district police officer).

Verification procedure

Retrieval of documents

Getting an explanation

During an inspection, inspectors may:

freely enter any office premises of the company or entrepreneur (but only during their working hours);

request documents;

receive explanations.

This is stated in Article 357 of the Labor Code of the Russian Federation, Federal Law of August 8, 2001 N 134-FZ and the Code of Administrative Offenses of the Russian Federation.

Retrieval of documents

Before visiting a firm, inspectors usually send a request by mail or fax to the firm stating when and where the inspection will take place and what documents they will need.

If the company has not received such a request, the inspector will draw it up on the spot with his signature and indicate the time when the documents need to be prepared (at his discretion).

For refusal to submit documents, a fine is set: for firms - in the amount of 3,000 to 5,000 rubles; for entrepreneurs and company officials - from 300 to 500 rubles (Article 19.7 of the Code of Administrative Offenses of the Russian Federation).

If you submit the necessary documents on time, the inspector may not come to your office.

Documents must be submitted as copies. It is not necessary to verify them. The inspectors are not entitled to demand originals. This is prohibited by Federal Law No. 134-FZ of August 8, 2001 (Article 8).

If the inspector has questions about the documents received, he may require you to draw up a certificate, letter, etc. containing summary information, or explain unclear points orally. The penalty for refusal is the same as for non-submission of documents.

Getting an explanation

Having discovered a violation (drawing up a protocol on it), the labor inspector has the right to demand explanations from the employer (manager, his deputies), chief accountant or head of the personnel department.

You can refuse explanations. This right is granted to you by the Constitution of the Russian Federation (Article 51).

However, if the violation is obvious (for example, you did not conclude employment contracts with employees), then you should not deny it or refuse to explain. Instead, reassure the inspector that the violation will be corrected and draw his attention to the insignificance of the violation or extenuating circumstances. This will avoid the fine or reduce it. Read the next subsection for more details.

Keep in mind that it is not necessary to give explanations once the inspector has asked for them. You can say that because of the stressful situation you are not ready, and ask for time to think. Postponing will allow you to prepare.

It is better to write written explanations in your own hand and give them to the inspector before your case is considered. However, keep in mind: sometimes labor inspectors decide on a fine directly on the day the protocol is drawn up. But you can always ask for a meeting on a day that suits you. At the same time, it should be borne in mind that the consideration must be scheduled no later than 15 days from the date of the protocol.

Do not forget that as soon as the inspectors have issued a violation report on you, you can invite a defense lawyer. From now on, the Trudoviks can interrogate you only in his presence. A lawyer or other lawyer to whom you issued a power of attorney (Article 25.5 of the Code of Administrative Offenses of the Russian Federation) can act as a defender.

How are test results presented?

Checking act

Inspector orders

How labor inspectors should formalize the results of the inspection is described in the Federal Law of August 8, 2001 N 134-FZ and the Code of Administrative Offenses of the Russian Federation (CAO RF).

Checking act

After checking, the inspectors must draw up an act and make an entry in the register of control measures.

The accounting journal is drawn up by the company itself or the entrepreneur. To learn how to do this, read the "Trade Inspection" section, the "How the results of inspections are recorded" subsection, the "Control log book" situation.

In the act, the inspectors indicate what they checked and what violations they found. The act is also drawn up if no violations were found.

The act is drawn up in two copies. One copy remains with the inspector, and the other is handed over to the representative of the company against receipt.

Your signature on the verification act does not mean that you agree with what is written in it. It only confirms that you have read the content of the act and received one copy.

Before drawing up the act, the inspector, at your request, can hold a meeting at which he will analyze the results of the inspection and answer all your questions. A note is made about this event in the act.

Protocol on administrative violation

If the inspector discovers a violation of labor laws, he is obliged to draw up a protocol. Without this document, a fine cannot be imposed.

The inspector must hand over the protocol to the violator within a day (maximum two) from the date the act was drawn up (that is, the violation was discovered). The protocol drawn up later is invalid.

When signing the protocol, reflect in it all your comments (if any).

Sentencing decision

The decision is issued by the same inspector who conducted the inspection and drew up a protocol on an administrative offense.

The inspector can:

• assign punishment;
• terminate the proceedings.

You must be notified in advance of the time and place of the hearing. If you do not come, the decision will be made without you.

As a general rule, a meeting is scheduled no later than 15 days after the minutes are drawn up. Sometimes the inspector draws up a protocol and decides on a fine in one day.

A copy of the decision can be given to you immediately after the meeting or sent by mail within three days.

If the decision of the inspector does not suit you, you can appeal against it to a higher inspector or to the court within ten days.

If you agree with the decision, transfer the amount of the fine no later than 30 days after the deadline for appeal has expired.

Keep in mind: if you do not pay the fine voluntarily, the inspector will send an order:

to the bank (if the firm is fined) to collect a fine from Money on accounts;

to the company where the violator works (if a citizen is fined) in order to withhold the fine from wages or other income. With each payment of wages, more than 50% cannot be withheld (Article 138 of the Labor Code of the Russian Federation).

If a citizen does not work or there is no money in the company's accounts, the decision is sent to the bailiff to collect a fine at the expense of the offender's property. Read more about this in the section "Bailiffs".

Inspector orders

In order to eliminate the violations identified during the inspection, the inspector issues an order addressed to the director of the company, in which he indicates what needs to be done and within what time frame.

You must inform the inspector about the execution of the order within the time and manner (by phone, arriving in person) established by the inspector.

After receiving the message, the inspector decides whether to re-check or not.

If you have not complied with the order within the period specified in it, the inspector will draw up a protocol on this violation and send it to the court (magistrate).

The judge can fine the violator in the amount of 500 to 1000 rubles (part 1 of article 19.5 of the Code of Administrative Offenses of the Russian Federation).

The worst thing an inspector can do is to suspend the work of the company until the violations that pose a threat to the life and health of employees are eliminated. This is stated in article 357 of the Labor Code of the Russian Federation.

If you do not agree with this decision, you can go to court. If the judge takes your side, demand compensation from the inspectorate for the damages caused to you.

• HR records management

Keywords:

1 -1

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 facility 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 established schedule . The exception is new individual entrepreneurs 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 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, according to the results of which wages are calculated;
• sheets of temporary disability;
• scheduled annual leave and personal statements of employees in this regard;
• payrolls;
• information on material resources paid to employees for the period under review;
• internal charter of the enterprise or 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 of access to 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, an order on personal protection employees' personal information and commercial confidentiality.

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 carried out 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 documentation, 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 current legislation financial recovery for 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, systematic evasion of the employer from imprisonment labor agreements with employees or admission to work of persons who do not have legal rights to this, a fine is expected from 30,000 to 200,000 rubles.

Administrative investigation is carried out:

1. 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.
2. 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.