home > Efficiency > Terms of unscheduled inspections of the labor inspectorate. Inspection of the labor inspectorate - a list of necessary documents for preparing for the inspection Grounds for inspection by the labor inspectorate of the enterprise


Terms of unscheduled inspections of the labor inspectorate. Inspection of the labor inspectorate - a list of necessary documents for preparing for the inspection Grounds for inspection by the labor inspectorate of the enterprise




The employer has many responsibilities, and therefore problems. One of the most important are inspections of regulatory authorities. They distract from the performance of the main tasks, knock down the rhythm. Let's figure out what the labor inspectorate checks during a scheduled inspection so that people can prepare and not worry in vain. There are many documents regulating the relationship between the administration and the employee. But if you understand the logic of the process, you will not get confused.

What does the labor inspectorate check during a scheduled inspection?

It is proposed to understand based on the competence of this state body. It was created with the aim of identifying and suppressing violations of legislation in the field of labor relations. inspections are extensive. Specialists should provide all the documentation available at the enterprise regarding the relationship between the employee and the administration.

The inspection begins with the consideration of employment contracts, assessing their compliance with the law. It is recommended that you check these documents first. If there are gaps in them, adjustments should be urgently made, additional agreements should be concluded with people.

There is a certain advantage in the construction of the work under consideration. The Labor Inspectorate does not hide the plan of inspections. It is obliged to familiarize with it those organizations that are in the field of its attention in the current period. As a rule, the company receives a letter with information about the upcoming event. Employees have time to prepare.

Inexperienced specialists are trying to find out what the labor inspectorate checks during a scheduled inspection. We will help them, based on our experience and legislation.

How is a labor inspection organized?

Scheduled checks can be done in two ways. In the instructions of the labor inspectorate, it is established that the control takes place both in field and in documentary form. In the first case, the inspector goes to the enterprise and understands the papers there. In the second - everything you need should be provided to the state institution.

Of course, personnel officers are more fond of, so to speak, documentary checks. Less problems with "curious" inspectors. However, you should be prepared anyway. The audit affects not only the personnel department of the enterprise. Its specialists are obliged to assess compliance with the legislation in the field of accrual and payment of funds to employees. Consequently, the accounting department will also have to take part in inspection activities, provide documents, personal accounts, defend their point of view, explain if errors are identified, and so on.

Who is subject to scheduled screening

The legislation is written in such a way as to protect enterprises from unreasonable interference by regulatory authorities. It expressly prohibits the labor inspectorate from working with certain organizations. To be included in the audit plan, it is necessary that at least three years have passed since:

  • the last control measure;
  • state registration;
  • start of actual activity.

That is, the administration has enough time to organize work in strict accordance with the law, eliminate existing errors, and understand the intricacies and nuances.

Besides, scheduled inspections are different: complex and thematic. In the course of the latter, only part of compliance with labor laws is monitored. Usually, the enterprise receives a message about what the labor inspectorate checks during a scheduled inspection in one case or another. That is, the theme of the event is declared to avoid unnecessary fuss.

The initial stage of organizing inspections

We will reveal the procedure for working within the inspection regarding enterprises. At the end of the year, a plan for the next period is drawn up. This is what all organizations do. The labor inspectorate must draw up a schedule of inspections before the start next year. It includes enterprises to which specialists will be sent, topics and dates of events. This document is subject to legal analysis for compliance with applicable law. Once approved, changes are rarely made to it. This requires a strong reason. It should be noted that the labor inspectorate of the Russian Federation is a state enterprise. “Amateur activities” are not allowed there, everything must be clearly within the legal framework. Before the inspection itself, the head issues an order. This paper reflects:

  • the name and details of the enterprise;
  • the official who is entrusted with the performance of the work;
  • terms and subject of control measures.

Let's move on to reviewing the documents that need to be prepared.

Regulations

First of all, the inspector will check whether employment contracts with employees are drawn up correctly. They should be reviewed in advance for compliance with the law. If you find shortcomings or gaps in the texts, it is recommended to draw up additional agreements.

Then the inspector will proceed to the study of orders for personnel. See if all the familiarization signatures were put by the employees. Their absence is a typical mistake.

When applying for a job, a person must provide a whole package of documents. They are determined by the relevant regulatory legal acts. If your company has requirements for qualifications, education of workers, check that all papers are in personal files.

Don't forget to open orders. Corrections are not allowed.

Also, the inspector, if necessary, examines the correctness of filling work books and their journal.

The correctness and timeliness of the provision of rest time

Vacations take pride of place in the list of inspectors' comments. Oddly enough, a complaint to the labor inspectorate on this issue is rarely filed by employees. People often do not know their rights. And the regulatory authorities are aware of them and will look in this direction. Check that you do not have people who have not rested for more than two years in a row. This is strictly prohibited by law.

A common mistake of inexperienced personnel officers is the lack of a vacation schedule. It looks like it's just a piece of paper. But the law establishes that such a schedule should be at the enterprise. Therefore, the inspector will require it. It is necessary to draw up a schedule and make sure that it does not differ in dates with vacation orders. In case of violation, changes are made to the text of the document. Nothing complicated. Re-approve the schedule with changes (sign a new copy with your boss).

Salary

A typical (most common) appeal to the labor inspectorate is related to violations of the issuance of earnings. The inspector is obliged to see if the enterprise complies with the legislation in this area. To do this, he will request a position on wages. It should be written and approved if it has not yet been done. Accounting data, namely the date of issue of earnings, must strictly comply with the provisions of the above document. Payment is made twice a month. This must be reflected in the document and strictly observed.

In addition, the inspector will require This document must also exist and comply with the law. The amount of the bonus is appointed by the head, therefore, the inspector will look at the orders on this topic. Payments in excess of salary that are not documented are not allowed. At the same time, it also needs to be justified.

Occupational Safety and Health

This is one of the most difficult topics to test. The company must approve the regulation on labor protection. A special order appoints a specialist responsible for this area of ​​work. He keeps a journal, conducts briefings and the like. The inspector will check all his documentation. Also take a look at the job description. The document should reflect the responsibilities for labor protection.

In addition, you will have to provide them. They should be drawn up in accordance with the law, approved by the head. The text should define rest time, working conditions, and so on.

Special questions

We have described the main areas of inspections and the required documents. Their inspector always asks. It does not matter whether he conducts a comprehensive audit or a thematic one. He will definitely look at the payment, the correctness of the drafting of employment contracts, orders, and the provision of vacations.

But there are other documents that are checked less frequently. These include certification documentation. If your organization hosts such an event, then you should properly arrange it.

Certificates of passage are also sometimes checked.

You need to see if there are any expired documents in personal files. A common mistake of a novice personnel officer is the absence. This work must be done constantly so as not to get confused and not to tremble, waiting for the inspector.

How is the verification

The inspector will come or invite you to his place and request a whole list of documents. But first, he will show the order of his boss, which indicates his authority, topic and duration of the event. It should be guided by. If a person is assigned to work for three days, he will not leave you earlier. During this period, the inspector will study documents, draw up certificates, and so on.

Conducting a scheduled inspection is a common event. The inspector needs to find flaws in your work. But in the final act, as a rule, he does not indicate everything. Some errors can be corrected during the review. The inspector will offer to do this, and you should not refuse, so as not to receive punishment.

It should be noted that the most "bad" check is the one that is carried out at the initiative of the employee. This happens when a complaint to the labor inspectorate was sent by a person associated with your organization by contract. In this case, do not expect concessions from the inspector. His duty is to protect the worker.

final document

When the inspector completes his work, he will provide an inspection certificate. This document is made in two copies. One is sent to the inspection, the second remains at the enterprise. If additions are necessary, they must also be attached to each act. This paper reflects the essence of the work done, comments and suggestions. Identified violations are reflected in the order to eliminate them.

The management of the audited enterprise has the opportunity to object. Substantiated comments must be sent to the inspection within fifteen days. But the order to eliminate the violation will still have to be executed and a report submitted to the controlling organization. And it is better to agree during the check. Then the inspector will indicate that there were violations, but they were corrected even before the final document was written.

It all depends on what kind of inspection is to be carried out - scheduled or unscheduled (according to a complaint, an application from employees or information received from law enforcement agencies, state authorities, etc.). In any case, the inspector will definitely pay attention to the registration of labor relations, keeping records of working hours, the establishment and payment of wages. These three groups of labor law violations are the most common. Let's consider them in more detail.

Employment contracts with employees are studied by inspectors especially carefully. The main violations here are related to the following:

1) non-compliance with the written form of concluded labor contracts;

2) replacement of employment contracts with civil law labor agreements (work contracts, paid services, etc.);

3) the absence of a number of mandatory conditions in employment contracts, in particular, an indication of the labor function, remuneration, characteristics of working conditions, work and rest regimes, types and conditions of social insurance;

4) the conclusion of fixed-term contracts for the performance of works that are obviously permanent in nature and do not fall under Art. 59 of the Labor Code of the Russian Federation;

5) establishment of a probationary period for heads of organizations and their deputies, chief accountants and their deputies, heads of branches, representative offices or other separate structural divisions of organizations for more than six months, and for other employees - more than three months;

6) failure to familiarize employees with orders for employment;

7) hiring without registration of work books;

8) inclusion in employment contracts of norms that worsen the situation of employees in comparison with the current legislation. For example, the introduction of conditions into the specified contract that if the employee fails to comply with the job description, the employer may reduce the salary for the current month, the possibility for the employer to unilaterally amend and supplement the employment contract;

9) failure to issue one copy employment contract in the hands of an employee;

10) non-familiarization of employees when hiring with the rules of internal work schedule, job descriptions and other local regulations related to the labor function of the employee, the collective agreement.

We add that it is impossible to use the wording "with payment according to the staffing table" in the employment contract without an exact indication of the salary (tariff rate) - this violates the provisions of Art. 57 of the Labor Code of the Russian Federation. It is also wrong to establish a lower salary for the probationary period - the requirement of Art. 132 of the Labor Code of the Russian Federation on equal pay for equal work. In a fixed-term employment contract, you need to without fail indicate the basis for its urgency (Article 59 of the Labor Code of the Russian Federation).

The second group (recording of working hours) includes, for example, such violations:

1) there are no vacation schedules in the institution;

Note. The vacation schedule must be approved no later than two weeks before the start of the calendar year (Article 123 of the Labor Code of the Russian Federation).

2) employees are provided with monetary compensation in exchange for unused days of the next paid vacation (an exception here is the provision of compensation upon dismissal);

3) attracting employees to overtime work not supported by an order for the establishment;

4) the employee's consent to work on weekends and holidays has not been obtained.

In terms of remuneration (the third group), the problematic points, as a rule, are:

1) untimely payment of wages;

2) salary payment once a month;

3) failure to provide the employee with a pay slip;

4) the form of the payslip, not approved by the head of the institution;

5) delays in settlement with dismissed employees, non-payment of monetary compensation for unused vacation upon dismissal;

6) errors in remuneration when combining professions and performing the duties of a temporarily absent employee, when working on weekends and non-working holidays, at night, as well as errors in calculating and paying vacation pay, paying overtime;

7) payment of remuneration in the form of bonuses, allowances to employees, not regulated by the internal local act of the institution (regulation on wages).

In addition, the labor inspector will study the internal local acts of the institution - a collective agreement, internal labor regulations, regulations on remuneration and bonuses, regulations on the protection of personal data, etc.

Thus, when preparing for the visit of a labor inspector, it is advisable to conduct a thorough inspection within the institution to identify violations of labor legislation.

In this article, we will consider how to act when the labor inspectorate comes to the enterprise, what documents it can check and what you need to be prepared for.

Legislative regulation of the issue

Legislative regulation of the issue is carried out by such normative acts as:

  • Federal Law No. 294 of December 26, 2008, which indicates on what grounds an audit can be carried out;
  • Labor Code, in particular Chapter 57, which describes the main aspects of conducting inspections by the inspectorate.

What are the checks

  • Unscheduled. It is carried out, as a rule, after a complaint has been received against the employer or if TI has any grounds for suspecting a violation of Russian legislation in the field of labor law
  • Planned. It is usually held no more than once every three years.

How to find out about a scheduled check

To find out about a scheduled inspection of an organization or an individual entrepreneur, you need to go online to the website of the Prosecutor General's Office of the Russian Federation. Every year, data on scheduled inspections of TI are updated. After December 31 of the current year, you can find information for the next year.

What does the labor inspectorate check during a scheduled inspection?

Inspection by inspectors is carried out according to the Checklists. Each individual question has its own sheet, according to which the inspector performs verification actions. There are two types of inspections - personnel and working conditions. The personnel direction of work includes checking all the necessary documentation and the correctness of its execution, as well as the availability of all documents that must be present at any event without fail. Here you can select a whole list of documents that can be checked selectively or by a complete check, but in general, the execution of the following operations is checked:

  • Hiring and dismissal of employees (employment contract, applications for hiring and dismissal, orders for hiring and dismissal);
  • Working hours, rest and work hours (time sheet, employment contract, internal labor regulations, leave orders, leave applications, calculation of vacation pay);
  • Remuneration of labor (calculations and payrolls, staffing, employment contracts);
  • Occupational safety (recording log of briefings on labor protection, labor contract, order of the head).

In order to know the rights and obligations of the employer and employee, you can use special methodological materials issued by the labor inspectorate. Methodological materials for employers can be downloaded here:

Service "Electronic Inspector"

The TI website has a very informative service that allows both employers and employees to test themselves. This service is called "Electronic Inspector". For employers, the service will be useful in that you can check whether the personnel worker is doing everything right and whether all the necessary personnel records are drawn up in accordance with the legislation of the Russian Federation. For an employee, the service allows you to find out if his rights are violated in terms of labor legislation. In the "Electronic Inspector" service, the following areas of labor legislation can be distinguished for inspection:

  • Working time;
  • Labor protection of employees;
  • Rules for the admission and dismissal of employees;
  • Responsibility of both parties to the employment contract;
  • Certification of employees;
  • Protection of personal information;
  • Hours of work and rest;
  • Salary;
  • Employment contract and its amendments and others.

If you have concerns about the execution of certain personnel documents, it is very easy to check yourself in the "Electronic Inspector" service, this will help you avoid fines when checking TI.

Frequency of inspections

In order for TI to be included in the plan for future audits, at least one of the following conditions must be met:

  1. After the state registration of a company or individual entrepreneur, at least three years must pass. What does it mean? This means that if an individual entrepreneur or legal entity was registered less than three years ago, then TI will not be able to include it in the inspection plan.
  2. More than three years must have elapsed since the previous scheduled inspection. In the same way as in the previous paragraph, if three more years have not passed since the previous inspection, then the inspection cannot include it in the list of planned inspections.

Verification period

The verification should not take longer than the period specified in Russian legislation. In Federal Law No. 294 of December 26, 2008, article number thirteen gives a clear indication of the timing. These instructions are given in the table.

The table shows the maximum possible deadlines, but the verification may be completed earlier than the specified deadlines.

The powers of the labor inspectorate are enshrined in Article 356 Labor Code of the Russian Federation (Labor Code of the Russian Federation) and in the Decree of the Government of the Russian Federation No. 875 of September 1, 2012 “On Federal State Supervision of Compliance with Labor Legislation”, as well as in the Constitution of the Russian Federation.

The implementation of control and supervision within the framework of labor legislation is called upon to be carried out by such an executive authority as the federal labor inspectorate.

Rights of the labor inspector

In the end, you will be checked by an individual holding the position of inspector. Article 357 of the Labor Code of the Russian Federation establishes the basic rights of the state labor inspector, namely:

State labor inspectors, when exercising federal state supervision over compliance with labor legislation and other regulatory legal acts containing labor law norms, have the right to:

  1. in the manner prescribed by federal laws and other regulatory legal acts Russian Federation, freely at any time of the day, in the presence of certificates of the established form, to visit in order to inspect the organization of all organizational and legal forms and forms of ownership, employers - individuals;
  2. request from employers and their representatives, executive authorities and local governments, other organizations and receive from them free of charge documents, explanations, information necessary to perform supervisory and control functions;
  3. withdraw for analysis samples of used or processed materials and substances in the manner prescribed by federal laws and other regulatory legal acts of the Russian Federation, with notification of the employer or his representative and draw up an appropriate act;
  4. investigate accidents at work in the prescribed manner;
  5. present employers and their representatives with binding orders to eliminate violations of labor legislation and other normative legal acts containing labor law norms, to restore the violated rights of employees, to bring those responsible for these violations to disciplinary liability or to remove them from office in the prescribed manner;
  6. submit to the courts demands for the liquidation of organizations or the termination of the activities of their structural divisions due to violation of labor protection requirements;
  7. issue orders to dismiss from work persons who have not undergone, in the prescribed manner, training in safe methods and techniques for performing work, briefing on labor protection, internships at the workplace and testing knowledge of labor protection requirements;
  8. prohibit the use of personal and collective protective equipment for workers if such equipment does not comply with mandatory requirements established in accordance with the legislation of the Russian Federation on technical regulation, and state regulatory requirements for labor protection;
  9. draw up protocols and consider cases of administrative offenses within the limits of authority, prepare and send to law enforcement agencies and the court other materials (documents) on bringing the perpetrators to justice in accordance with federal laws and other regulatory legal acts of the Russian Federation;
    1. Reference: Protocol on an administrative offense.
  10. act as experts in court on claims for violation of labor legislation and other regulatory legal acts containing labor law norms, for compensation for harm caused to the health of workers at work;
  11. present to the organization that conducts a special assessment of working conditions, binding orders to eliminate violations of the requirements of the legislation on special evaluation working conditions.

In the event of an appeal by the trade union body, employee or other person to the state labor inspectorate on an issue that is under consideration by the relevant body for the consideration of an individual or collective labor dispute (with the exception of claims accepted for consideration by the court, or issues on which there is a court decision), the state labor inspector upon revealing the obvious violations of labor legislation or other regulatory legal acts containing labor law norms, has the right to issue an order to the employer that is subject to mandatory execution. This order may be appealed by the employer to the court within ten days from the date of its receipt by the employer or his representative.

Scheduled and non-scheduled inspections of labor legislation

Article 360 ​​of the Labor Code of the Russian Federation establishes the rules for scheduled and non-scheduled inspections of compliance with labor laws.

Scheduled check

A scheduled inspection is approved annually with the obligatory notification of the inspector.

Not a scheduled check

The grounds for an unscheduled inspection are prescribed in the Labor Code of the Russian Federation, they are:

  1. the expiration of the term for the employer to fulfill the order issued by the federal labor inspectorate to eliminate the identified violation of the requirements of labor legislation and other regulatory legal acts containing labor law norms;
  2. admission to the federal labor inspectorate:
  3. appeals and statements of citizens, including individual entrepreneurs, legal entities, information from public authorities (officials of the federal labor inspectorate and other federal executive authorities exercising state control (supervision), local governments, trade unions, from the media 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, resulting in a threat of harm to the life and health of employees, as well as leading to non-payment or incomplete payment within the prescribed period wages, other payments due to employees, or the establishment of wages in an amount less than the amount provided for by labor legislation;
  4. appeals or statements of the employee about the violation by the employer of his labor rights;
  5. an employee's request for an inspection of the conditions and labor protection at his workplace in accordance with Article 219 of this Code;
  6. the presence of an order (instruction) of the head (deputy head) of the federal labor inspectorate to conduct an unscheduled inspection, issued in accordance with the instructions of the President of the Russian Federation or the Government of the Russian Federation or on the basis of the prosecutor's request to conduct an unscheduled inspection as part of supervision over the implementation of laws upon receipt by the prosecutor's office materials and appeals.

Immediate unscheduled inspection

An unscheduled on-site inspection on the grounds specified in paragraph 3 of this block may be carried out immediately with the notification of the prosecutor's office in the manner prescribed by federal law, without the consent of the prosecutor's office.

The period of verification of compliance with the legislation of the labor inspectorate

The legislation does not limit the period that may be covered by an inspection conducted by the labor inspectorate. It is for this reason that the order to conduct a labor inspection, handed over to the employer (his representative) before it begins, does not indicate the period to be checked.

At the same time, the depth of the verification is objectively limited by the terms of storage by the employer of documents related to labor relations and staffing and which are necessary for the inspectors in accordance with the objectives of the verification. So, for example, timesheets (graphs), working time logs (except for difficult, harmful and dangerous working conditions), acts, safety instructions and documents (certificates, memorandums, reports) on their implementation, safety certification protocols should stored for 5 years (Articles 586, 603 of the List of typical managerial archival documents generated in the course of the activities of state bodies, local governments and organizations, indicating the storage periods, approved by Order of the Ministry of Culture of Russia dated 08.25.2010 N 558).

The employer is not required to submit documents that have expired. Draw him to liability for failure to provide such documents unlawfully.

How is a labor inspection carried out?

The inspector must show his certificate and the order or order to conduct an inspection (scheduled or unscheduled). The order specifies individuals, only they have the right to conduct inspections, others are prohibited.

What questions can auditors ask?

Any questions regarding verification. In the order of the inspection document, it must be indicated what exactly they are checking, while inspectors cannot go beyond their scope (Article 15 of Law N 294-FZ).

On July 1, 2018, Decree of the Government of the Russian Federation dated September 8, 2017 No. 1080 came into force, according to which absolutely all scheduled inspections conducted by the State Labor Inspectorate on compliance by employers with the requirements of labor legislation must be carried out using checklists. Until now, the use of checklists was mandatory only for inspections of employers classified as moderate risk.

What is a checklist?

Checklists are a special list of questions that the management of the employing organization must answer. In other words, these are lists of issues, topics and parameters for which the GIT is being checked in accordance with the requirements for a risk-based approach. Rostrud approved 107 such sheets for checking labor legislation last year. True, they do not apply to all organizations.

Documents with issues of Rostrud were published last year, they were approved by the Ministry of Justice, and anyone can familiarize themselves with them. Inspectors do not have the right to change or supplement checklists at their discretion. The risk-based approach to inspections by Rostrud by default applies to all individual entrepreneurs and organizations, regardless of the type of activity and scale of business, if they have employees. At the same time, with a low risk of the employer, scheduled inspections are not provided for him.

Lack of a checklist for inspectors and additional questions

Such actions of inspectors directly violate the rights of entrepreneurs, so the results of such an inspection, carried out with violations, can be canceled in court. However, how much time and effort it may take, is unknown.

Check time

During the inspection, inspectors have the right to freely enter any office premises of the company or entrepreneur (but only in their working time), request documents and receive explanations.

If you didn't let the inspectors in

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 the entrepreneur or the head of the firm - in the amount of 2,000 to 4,000 rubles, and other employees - in the amount of 500 to 1,000 rubles. (part 1 of article 19.4 of 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 papers, 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. Papers can be sent within 10 business days. Documents must be submitted in the form of copies certified by a seal (if any) and a signature. Inspectors are not entitled to demand originals (Article 11 of Law N 294-FZ). If the inspector has questions about the documents received, he may require you to draw up a certificate, letter, etc. containing summary information, or give oral comments on incomprehensible points. 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 receive explanations from the employer, manager, chief accountant or head of the personnel department. You can refuse explanations. This right is granted to you by Art. 51 of the Constitution of the Russian Federation.

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.

Keep in mind: it is not necessary to give explanations once the inspector has requested them. You can 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 auditors 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.

Checking act

How labor inspectors should document the results of the inspection is described in federal law dated December 26, 2008 N 294-FZ, the Code of Administrative Offenses of the Russian Federation (CAO RF) and the Administrative Regulations of Rostrud on the implementation of federal state supervision, approved by Order of the Ministry of Health and Social Development of Russia dated September 21, 2011 N 1065n.

After the inspection, the inspectors must draw up an act and make an entry in the inspection register.

The accounting journal is drawn up by the company itself or the entrepreneur. Its standard form was approved by Order of the Ministry of Economic Development of Russia dated April 30, 2009 N 141. The absence of a journal or keeping it out of form is an independent violation, about which the inspector will make an entry in the inspection report.

In the act, the inspectors indicate what they checked and what violations they found. It also reflects information about the facts of violations of labor rights of employees. 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.

The form of the act of verifying compliance with labor laws is given below. Its form is also approved by the Order of the Ministry of Economic Development of Russia N 141.

The act must be accompanied by an order demanding to eliminate the violations identified during the audit and a protocol on an administrative offense, if an administrative case was initiated as part of the audit, as well as protocols or conclusions of the studies, tests and examinations, explanations of the employees of the audited person who are responsible for violation.

If the inspected person eliminates the identified violation during the inspection, the inspector will write about this in the act.

From 2019, they plan to introduce non-judicial recovery of wage debts.

The bill provides that the inspectorate has the right to take measures to enforce the collection from employers of accrued but not paid wages, as well as other mandatory payments that are due to the employee by law. Also, the labor inspectorate is given the right, during inspections, to demand from the employer documents that are related to the remuneration of employees.

The bill proposes to establish the following procedure for the forced collection of wages from the employer. First, the inspector will issue an order to the violating employer, in which he will indicate the period for paying wages to the employee. If the order is not fulfilled on time, then a decision is made on its enforcement. Such a decision has all the power of enforcement documents, the list of which is contained in the Federal Law "On Enforcement Proceedings", and in essence is a writ of execution. For execution, it is sent to the FSSP, which is already taking measures for its enforcement by the employer, for example, it can seize money in a bank account or property.

The order can be appealed in court within 10 days from the date of its receipt. At the same time, the inspection will not be able to make a decision on the forced collection of wages if an agreement has been concluded between the employee and the employer on the restructuring of wage arrears for a period of up to two months.

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 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 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, cash must be issued to current 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.
  2. 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.
  3. 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.
  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, 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:

  1. 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, 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, modern practice allows us to highlight several important tips, the observance of 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.