Who is audited by the Labor Inspectorate? You should know

The audit is designed to detect violations labor law made in relation to the rights of employees and ensuring their safety in the workplace. Done off schedule, it brings a lot of trouble to officials, as it leaves little time for its preparation.

The head of the company is notified of an unscheduled inspection a day before it starts (part 16 of article 10 of the Federal Law No. 294 of December 26, 2008). However, if there is evidence of a situation that threatens the health and life of a person, the investigation will be carried out immediately, without sending a notice (part 9 of article 360 ​​of the Labor Code of the Russian Federation).

According to the Labor Code, anonymous complaints are not subject to consideration, so they must contain the full name of the applicant, his place of residence and telephone number. These data cannot be disclosed without the written consent of the employee (Article 358 of the Labor Code of the Russian Federation), either directly or indirectly - during the investigation, which imposes appropriate requirements for its conduct.

The appearance of labor inspectors can be provoked not only by the appeal of employees, but also by violations identified by the tax service or the Pension Fund. In this case, we will talk about a comprehensive audit with the participation of representatives from each institution.

Some facts

You can get information about whether an audit is planned in your organization on the website of the Prosecutor General's Office Russian Federation- http://www.genproc.gov.ru/. To do this, go to the section "Consolidated plan for inspections of business entities". It should be borne in mind that, in accordance with paragraph 7 of Article 9 of Law No. 294-FZ, the Prosecutor General's Office has an obligation to form an annual consolidated plan for scheduled inspections and must post this document on its website until December 31 of the current calendar year. However, keep in mind that this applies to scheduled inspections by the labor inspectorate.

Foundations

The frequency of unscheduled inspections is not specified by law. They can be initiated in the following cases:

• according to the statement of the employees, there are violations at the enterprise provided for by the Labor Code of the Russian Federation;
• employees received a request to analyze the working environment for compliance with legal norms;
• a situation has arisen that poses a threat to the health of employees;
• size wages lower than established by law;
• wages are not paid on time or partially;
• the deadline for fulfilling the order issued to the organization during the previous audit has expired (clause 2, article 10 of the Federal Law No. 294 of December 26, 2008);
• received an order from the prosecutor's office.

Powers

In Post. No. 875 indicated that it checks Labour Inspectorate on the complaint of the employee and what actions he has the right to:

1. Investigate at any time of the day.
2. Identify persons responsible for the occurrence of accidents, the alleged cause of which is non-compliance with labor protection requirements.
3. Require documents related to the case, both from the enterprise and from the federal authorities or the municipality.
4. Send samples to the laboratory. This action must be accompanied by the issuance of an act.
5. Assign measures to eliminate violations, up to the dismissal of some persons. These instructions cannot be rejected by the head of the enterprise.
6. Apply to the court with a petition to deprive the company of the rights to carry out labor activities.
7. Take part in the trial as an expert.

However, labor inspectors are not entitled to demand:

• papers or samples not related to the subject of the investigation;
• original documents for seizure.

Duration

The time allowed for an investigation depends on the size of the organization.

If the inspector does not have time to complete the investigation within the specified time, he has the right to apply for an extension of the period by:

1. 20 days - for large and medium-sized companies;
2. 15:00 - for small businesses.

Documentation

What documents to prepare for verification by the labor inspectorate:

1. The charter of the organization and the rules governing the mode of operation.
2. Contracts concluded with employees, their personal files and other available information.
3. Employment contracts with foreign citizens and persons entitled to benefits.
4. Labor books of employees and a journal in which they are kept.
5. Work schedule and timesheet, which records the amount of time during which employees were at work.
6. A document reflecting the order of vacations granted, statements of employees and other related papers.
7. Local acts on the amount of wages, bonuses and personal data of employees.
8. Payroll records, employee invoices and other payroll related documents.
9. Settlement forms.
10. Forms with signatures of employees confirming their familiarization with the listed documents.

The exact list of what documents the labor inspectorate checks will depend on the reasons for the checks.

Violations

In small enterprises, a violation is often encountered, which is a banal absence of local documents relating to internal regulations, wages, personal files of employees, and labor protection. Their presence is mandatory, even if the company's staff is limited to a single employee. There are other, more common mistakes.

Employment contracts

Sometimes an employee is hired a small firm by oral agreement, without a written agreement, which is a violation of the law. It is also possible that it is incorrectly formatted:

• the exact amount of salary is not indicated;
• there is no signature of the employee stating that he received the second copy of the contract.

The most frequent violations when checking the work of an organization are the absence of employment contracts in writing or their incorrect execution.

Vacation schedule

According to Art. 123 of the Labor Code of the Russian Federation, the schedule must be approved by the order of the director, issued 2 weeks before the coming year. A rare employer is able to comply with this rule in practice. Therefore, if this document is missing, you need to try to draw it up before the review, and do not forget to set the correct approval date.

Also, we must not forget that persons under the age of 18 are granted leave out of turn, at a time convenient for them (Article 267 of the Labor Code of the Russian Federation). However, such employees should also be included in the schedule. If they decide to go on vacation at another time, they will have to write a statement. Other bugs encountered:

1. Employees were not notified about the vacation 3 weeks before its occurrence.
2. Vacation pay was paid later than 3 days before the employee went on vacation.

See the video below for more details on labor inspections.

Result

The results of the audit are reflected in the act, which is drawn up in two copies. Usually, in order to sign and receive the act, the manager has to visit the Labor Inspectorate. If violations of the Labor Code have been recorded (which can be avoided very rarely), the organization receives an order that indicates information about the violation:

1. What is it and when was it allowed.
2. How normative act is confirmed.
3. What should be done to fix it.
4. How long does it take to be liquidated?

If these recommendations were not taken into account, which will inevitably reveal a second investigation, an administrative penalty may be imposed on the enterprise. In case of disagreement with the conclusions of the commission, the head can appeal against its results.

Penalties

Failure to comply with the order may result in disqualification or penalties. They are exposed to: an enterprise, director or other official (head of personnel department, chief accountant), individual entrepreneur.

Frequently occurring cases that entail the imposition of penalties.

Violations	The amount of the fine (R.) for
	IP	Official	YL
Non-compliance with the Labor Code	1000–5000		30 000–50 000
Repeated violation	5000–10 000	1) 10 000–20 000 2) Disqualification, with a maximum period of 3 years.	50 000–100 000
Illegal admission to work (for example, in the absence of a sanitary book)	For an employee: 3000–5000 For the employer: 10,000–20,000
No employment contract or correct design	5000–10 000	10 000–20 000	50 000–100 000
Repeated admission to work or lack of a contract	30 000–40 000	Disqualification, the maximum period of which reaches 3 years	100 000–200 000
Failure to comply with labor protection standards	2000–5000		50 000–80 000
Repeated non-compliance	1) 30 000–40 000 2) Disqualification for up to 3 years		1) 100 000–200 000 2) Suspension of activities up to 3 months.
Improper implementation of the special check	5000–10 000		60 000–80 000
Admission to work without a briefing on labor protection	15 000–25 000		60 000–80 000
Absence protective equipment(if their presence is prescribed by the Labor Code of the Russian Federation)	25 000–30 000		130 000–150 000

All questions of interest can be asked in the comments to the article.

Any employer should be prepared for the visit of Rostrud inspectors. Even if you:

• did not fine employees for violating the rules with which they were not previously acquainted;
• did not fire pregnant women;
• reliably indicated in the employment contract the amount of salary and incentive payments;
• paid salaries on time and provided all employees with vacations;
• paid vacation pay, business trips and paid sick leave;
• notified employees in advance of the impending dismissal, and on the last working day they issued work books, - do not consider yourself insured against inspection by the State Labor Inspectorate

Once every three years, a scheduled inspection may come to you. And if an employee wrote a complaint, wait for an unscheduled check.

An unscheduled on-site inspection will follow within 24 hours if there is damage:

• life, health of citizens;
• animals, plants, environment,
• cultural heritage sites,
• state security.

Either - emergency. In such cases, the prosecutor's office will be notified within 24 hours.

Complaint of an employee: we solve the world

The state inspector is obliged to consider a complaint from an employee (or team) within 30 days. Prior to verification, he may (but is not obliged to!) Offer the parties a settlement agreement.

If it was not possible to solve the case peacefully, wait for the check!

Employee Complaint: Author Unknown

The manager may not know which of the employees wrote the complaint. The inspector who came will not say this either: according to Art. 358 Labor Code(TC), he has no right to tell who the complaint came from.

However, if the employee himself does not mind “revealing himself” (and confirmed this in writing), the inspector has the right to name him.

But the inspection does not consider anonymous complaints.

Getting ready for testing

Therefore, the manager needs to be sure that all personnel documents formatted correctly. Namely:

• Rules of the internal work schedule;
• staffing;
• Book of accounting for the movement of work books and inserts in them;
• Regulations on the personal data of employees;
• Instructions on labor protection by profession;
• Briefing log;
• Vacation schedule;
• Employment contract signed by both parties. It must contain all the mandatory conditions, the amount of wages. This amount must correspond to what is written in the payroll. The employee must have his own copy of the contract;
• The order of acceptance to work;
• Employee's personal card;
• Employment history;
• An order to grant leave to an employee;
• Timesheet and payroll.

If the duties of employees are not regulated in employment contracts, it will also be required job descriptions and the regulation on the remuneration of employees.

In cases liability employees will need liability contracts. If you work in shifts, you will need a shift schedule. If the employment contract states that the employee must keep trade secret, - a trade secret clause would be required.

What is allowed to the inspector

Representatives of the GIT have the right to:

• at any time of the day, if you have certificates, visit employers for verification;
• request documents, explanations, information;
• seize samples of materials and substances used or processed,
• investigate accidents;
• present orders to eliminate violations, restore the rights of employees, bring those responsible for violations to disciplinary liability or dismissal from office;
• submit to the courts demands for the liquidation of organizations or the termination of their activities structural divisions due to violation of labor protection requirements.

When the inspector came

And now a man is standing at the entrance to the organization and presents a certificate of the GIT inspector. You must let him in. What's next?

Call GIT

To make sure that this is an official of the specified organization, call the GIT yourself and ask if an inspection is really scheduled in your company.
You can find the telephone numbers of the territorial departments on the Rostrud website.

Ask for Documents

GIT inspectors may also appear in the company of colleagues from the tax or social insurance fund, if the reason for the inspection is information from the Federal Tax Service or off-budget funds. Everyone must have identification.

Inspectors of the GIT are required to have, in addition to certificates, an order to conduct an inspection. The order is signed by the head of the regional labor inspectorate or his deputy. The names of all inspectors, the reason, timing and subject of an unscheduled inspection should be indicated there (Article 8 of Law No. 134-FZ).

The absence of any of these points makes it possible to legally prevent those who came to the territory of the organization.

If, however, the inspectors have everything Required documents, but they were not let in, they will return with representatives of law enforcement agencies. Then the employee who did not let the commission in may be fined.

Show reporting

The first check will look at how and where work books are stored, whether they are recorded. Entries in the books will be checked against orders for employment or appointment new position. Very likely, they will want to get acquainted with accounting documents: with a payroll, for example.

Make sure everything is described correctly

After checking, the inspector is obliged to draw up an act.

If violations are noted, in addition to the act, an order is drawn up to eliminate them.

If the inspector qualifies violations as falling under administrative responsibility, another protocol is drawn up on administrative offense and a decision on bringing to administrative responsibility.

Manager's responsibility: fines

If you nevertheless found violations and were fined, 60 days are allotted for payment from the date the decision comes into force.

You can apply to the GIT for a deferral or installment plan. The payment of the fine should be reported to the GIT.

Within the framework of one inspection, several penalties can be imposed for various violations of labor legislation. For example, for improper execution of an employment contract, a fine of 30,000 rubles threatens, for violation of the procedure for sending employees on vacation - 30,000 rubles, for violation of the procedure for bringing an employee to liability - another 30,000 rubles.

For failure to comply with the decision, administrative liability is provided in the form of a fine in the amount of two times the unpaid fine, administrative arrest for up to 15 days, compulsory works up to 50 days.

If the company's management has eliminated the mistakes made, the GIT will terminate the proceedings.

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Challenging the GIT decision

In accordance with Art. 361 of the Labor Code of the Russian Federation, the order of the labor inspectorate can be appealed. Initially - with the head of that inspector of the GIT itself, who was with the check.

A higher official of the GIT is obliged to accept your appeal within:

• 15 days after the inspection, if only an order to eliminate violations has been drawn up;
• 10 days after the inspection, if a decision on an administrative offense has been drawn up.

You can attach documents confirming the validity of your objections to the appeal.

The decision of the inspectorate can also be challenged in court. In practice, it is better to immediately apply to both instances, since the fact of filing a complaint with the GIT does not interrupt or stop the period for applying to the court, and this period is easy to miss.

The court considers the complaint two months from the date of receipt.

Keep in mind that labor relations do not relate to entrepreneurial activity, therefore cases on them are within the jurisdiction of a court of general jurisdiction (Determination of the Constitutional Court of July 11, 2006 No. 262-O).

Summing up

• Any employee can file a complaint against an employer.
• If it was not possible to reach an agreement with him, it is worth waiting for the GIT check.
• State inspectors will look at documents, workplaces, they can interrogate the team.
• After checking, regardless of its results, they are required to draw up an act.
• If there are violations, another order will be drawn up, and in case of administrative responsibility - a resolution and a protocol.
• You can appeal the conclusions of the inspectors with their superiors and in a court of general jurisdiction.

Keep literate personnel accounting, observe the norms of labor protection and take care of employees!

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

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

The procedure for conducting an audit by the labor inspectorate

The entire verification process consists of several stages:

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

Maximum scan duration:

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

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

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

Limits of what is permitted

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

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

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

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

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

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

Inspectors cannot:

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

Grounds for verification by the labor inspectorate

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

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

So, the reason for the inspection can be:

1. A scheduled check may be based on one of the reasons:

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

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

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

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

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

What does the labor inspectorate check?

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

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

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

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

How to Prepare for a Labor Inspection Check

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

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

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

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

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

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

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

Other common mistakes:

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

Penalties from the labor inspectorate

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

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

The most common penaltiesissued by the labor inspectorateV2018 year:

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

Administrative investigation by the labor inspectorate

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

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

An investigation is initiated in the following cases:

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

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

The definition text contains:

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

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

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

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

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

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

Consider what the labor inspectorate checks during a scheduled inspection, and how often they can be carried out.

Scheduled inspections of the labor inspection: the procedure for conducting

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

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

Frequency of scheduled inspections

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

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

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

Inspection Notification

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

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

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

Attention! Inspectors cannot:

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

Checked period

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

What documents are checked by the labor inspectorate

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

Treaties

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

Constituent documents

• Charter;
• Certificate of state registration.

Local legal acts

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

Labor protection documents

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

Orders

• About hiring;
• About dismissal;
• About bringing to disciplinary responsibility, etc.

The legislation does not contain a closed list of orders that the head of the organization can issue, therefore, all orders relating to labor law must be stored in the personnel department.

Important information

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

Accounting documents

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

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

Vacation documents

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

Documentation on accounting of working hours

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

Other documents

This may include:

• work books;
• Personal cards of employees (form T-2);
• Notifying employees about the transfer of working hours, staff reduction, termination of an employment contract, etc.;
• Applications of employees for vacation, termination of an employment contract, etc.;
• sick leave;
• Various accounting journals (business trips, movement of work books, accidents at work, etc.).

Types of scheduled inspections

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

Field check

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

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

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

The table shows the maximum duration of the check

Documentary verification

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

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

Such requisite as an acknowledgment signature includes:

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

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

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

How long does the check take

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

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

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

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

How is an on-site inspection carried out?

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

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

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

Labour Inspectorate is a system government agencies for the implementation of state supervision and control over the implementation and compliance by employers with the requirements of labor legislation.

State supervision and control is carried out by conducting inspections in relation to legal entities of any form of ownership and organizational and legal form, as well as individuals with whom the employees are in labor relations.

Tasks of the labor inspectorate

The main tasks of the labor inspectorate are:

Control over compliance with labor law by employers, carried out by conducting scheduled and unscheduled inspections;

Supervision of the implementation of social payments and state support unemployed citizens and privileged categories of bodies;

Supervision of compliance with the procedure for investigating accidents that occurred at work and their accounting at the enterprise;

Supervision of the activities of guardianship and guardianship authorities in relation to incapacitated persons;

Consideration of collective labor disputes in organizations funded by the state.

Informing employees and employers on labor law issues;

Carrying out an examination of working conditions for hazardous and harmful conditions for the purpose of providing compensation to employees;

Assessment of compliance with labor protection rules at the enterprise.

Grounds for an audit

The Labor Inspectorate conducts inspections in the following cases:

Upon receipt of applications from employees of the organization about the facts of violation by the employer of labor legislation;

If there is a complaint from an employee of the enterprise about a violation of his labor law. Such violations include, for example:

Delay in payment or non-payment of wages;

Incorrect calculation of compensation upon dismissal;

Non-payment of benefits or overtime pay;

Lack of desire of the employer to conclude an employment contract;

Incorrectly executed employment contract, entailing a violation of the rights of the employee;

Discrepancy between the actual working conditions and the wording of the employment contract.

Upon receipt of a request from an employee of the enterprise to verify the compliance of his workplace with the conditions of labor protection requirements;

At the end of the term to eliminate violations of labor laws prescribed by the employer.

Forms and types of control

The labor inspectorate can conduct both scheduled and unscheduled inspections, which, in turn, are divided into documentary and field inspections.

Scheduled check

A scheduled inspection is carried out after three years from the date of:

State registration;

Completion of the last scheduled inspection;

The beginning of the actual implementation of entrepreneurial activities.

At the same time, planned activities can be complex or thematic.

When conducting a comprehensive audit, control over compliance with the requirements of labor legislation is carried out on a set of general issues of labor legislation, for example, on a set of labor protection issues.

When conducting inspections of a thematic nature, they check the implementation of a particular section of labor legislation.

Thematic inspections include inspections of the working conditions of employees of special categories, as well as inspections on compliance with the requirements of legislation on wages, maintenance of work books, compliance with the procedure for concluding collective agreements and making changes and additions to them.

Unscheduled check

Unscheduled inspections are scheduled in the intervals between scheduled inspections.

The reasons for their appointment are:

Expiration of the term for the execution of a previously issued order to eliminate the identified violation;

Receipt by Rostrud of statements, information about the facts of the occurrence of a threat or the already occurring harm to the life and health of citizens;

Appeals of the employee about the violation by the employer of his labor rights;

An employee's request to check the conditions and labor protection at his workplace;

Order of the head of the Rostrud body (his deputy), issued in accordance with the instructions of the President of the Russian Federation or the Government of the Russian Federation.

Documentary verification

A documentary check is carried out at the location of the territorial bodies of the labor inspectorate.

During this event, the following documents are requested:

Documents that confirm the correct execution labor relations (employment contracts, orders for hiring and dismissal, job descriptions, work books, a book of accounting for the movement of books, etc.);

Regulations approved by the employer. Such documents include, for example:

Regulations on remuneration and bonuses;

Internal labor regulations;

Labor protection instructions;

Other normative acts.

Moreover, the requested documents are submitted in originals with documents that confirm that employees are familiar with them;

Documents related to accounting for working time and rest (vacation schedules, sick leave, vacation orders, etc.);

Documents related to payroll. Such documents include payrolls for the payment of wages, pay slips, personal accounts of employees, etc.

Field check

An on-site inspection is appointed if, during a documentary inspection, the labor inspectorate did not verify the completeness and reliability of the information contained in the documentation of the employer being checked, or in the case when it is impossible to assess how the employer fulfills the requirements of labor legislation.

During an on-site inspection, it is established what measures are taken by the employer to comply with the requirements of labor legislation.

It also checks the compliance of workplaces with the number of employees, the condition of the equipment used, Vehicle, territories, buildings, premises, etc.

Timing of the audit

The term for the verification should not exceed 20 working days.

However, there are exceptions to this rule that apply to small businesses.

So, for a small enterprise, the period for a scheduled inspection is 50 hours.

For a micro-enterprise, the scheduled inspection period is 15 hours.

At the same time, when conducting an unscheduled on-site inspection, as well as any documentary inspection of small enterprises, the above rule does not apply and the generally established number of inspection days is applied - 20 working days.

If the organization has branches, then the verification period is set for each separate subdivision. In this case, the total verification period cannot be more than 60 working days.

If necessary, the labor inspectorate may extend the inspection period, but by no more than 20 working days, and for small enterprises and micro-enterprises by no more than 15 hours.

At the same time, the extension of the term for unscheduled and documentary inspections is not allowed.

Still have questions about accounting and taxes? Ask them on the forum "Salary and personnel".

Labor inspection: details for an accountant

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