home Questions GIT check: what they check and how to prepare. Features and plan of inspections of the labor inspection

GIT check: what they check and how to prepare. Features and plan of inspections of the labor inspection

To all organizations, as well as individual entrepreneurs, regardless of the field of activity, organizational legal form, have to face compliance checks labor legislation. Inspections are carried out, as a rule, in two areas: compliance with Labor legislation and legislation in the field of labor protection.

Attention!

An inspection of the organization of the State Labor Inspectorate often takes management by surprise. Especially considering that according to the law, notification of a scheduled inspection is sent 3 days in advance, and an unscheduled inspection - 24 hours! Based on the results of the inspection, not only the head of the organization, but also those responsible for labor protection may be held accountable.

Important!

To prepare for a scheduled inspection by the labor inspectorate of the State Labor Inspectorate, it is necessary, first of all, to conduct mandatory training in various programs in the field of labor protection. This can be done in person or remotely.

For an organization with more than 50 people, the position of occupational safety specialist is being introduced. With a higher number of employees, an occupational safety service is created in the organization. Mandatory requirements for the professional level of such employees are the presence of a higher vocational education in the direction of “Technosphere Safety” or undergoing additional professional retraining in the field of labor protection (program of at least 250 hours). Occupational safety specialists are required to undergo advanced training (72 hours) once every 5 years.

All managers and specialists of the organization must undergo occupational safety training and be issued a certificate of the established form. In addition, all employees must be trained in first aid.

How to prepare for the GIT test

Let's note the most important factors checks!

Compliance with labor laws. Knowledge of regulations containing mandatory labor protection requirements.

Conducting mandatory training in the field of labor protection for all employees (labor safety, first aid, safe methods and techniques for performing work, working at height, etc.) and maintaining mandatory labor safety logs

Admission to work only after training and testing of knowledge in the field of labor protection,

Medical examinations and provision of workers with personal protective equipment (Article 5.27-1 of the Code of Administrative Offenses of the Russian Federation).

Carrying out special assessment working conditions .

Correct management of document flow in the field of labor protection ( local acts on labor protection, labor protection instructions, training logs, etc.)

Compliance with maintenance requirements personnel documentation(employment contracts, personnel orders, accounting documentation, personal files and work books, time sheets, calculations and salary payments, etc.)

It is important to know:

The rights and responsibilities of the employer during the inspection and execution of the regulations of the State Labor Inspectorate, and therefore the documents drawn up by the inspector based on the results of the inspection.

- administrative liability for violations of norms labor law (fines in accordance with Article 419 of the Labor Code of the Russian Federation, Article 5.27, Article 5.27.1, Article 14.54, Article 19.5)

ATTENTION!

24 August The educational center"TRAFECENTER" conducts FREE round table on the topic “What does the State Labor Inspectorate check?” .

The speakers of the event are experienced experts with long-term experience in the State Labor Inspectorate, who will help you understand complex issues using examples of practical cases.

You will learn:

Grounds for inspections by the state labor inspectorate. Scheduled and unscheduled inspections. What powers does the state labor inspector have during an inspection?

What can be subject to inspection by the state labor inspectorate? Typical errors in personnel documentation within the framework of labor legislation;

Preparing for the test. List of documents that must be provided to the state inspector?

Special assessment of working conditions and typical mistakes when conducting special labor assessment;

What are the consequences of violating labor laws?

All visitors will have the opportunity to ask questions to the event speakers, as well as receive a unique methodological manual with a complete list of documents that are required during a labor inspection inspection.

A company that employs at least one employee needs to be prepared for inspection by the labor inspectorate. If violations are found, fines are issued. If violations are repeated, the company may be temporarily closed until they are eliminated. To prevent waste and suspension of activities, you need to prepare for inspections.

Scheduled and unscheduled inspections: what's the difference?

Scheduled inspection carried out on the basis of the plan. It is regular and is carried out regardless of whether there are complaints against the company. This is a comprehensive procedure during which all aspects of the company's activities are checked.

Carrying out unscheduled inspection usually has certain grounds: complaints from workers, suspicion of illegal actions. The procedure is carried out regardless of when the previous planned event was carried out.

Grounds for scheduled and unscheduled inspections

The grounds for conducting an inspection are set out in Article 360 of the Labor Code of the Russian Federation. An unscheduled event is carried out under the following circumstances:

The deadline for executing the order to eliminate the offense issued earlier has expired.
The labor inspectorate received complaints against the employer from employees.
There is information that the employer is violating the norms of the Labor Code of the Russian Federation.
The labor inspectorate received a request from a worker to check working conditions in the company.
A corresponding order was issued from the head of the inspection, issued on the basis of requests from the prosecutor and instructions from the Government.

Scheduled inspections are carried out every 3 years. The basis for its holding is the expiration of 36 months from the date:

implementation of the last planned event;
registration of individual entrepreneur or legal entity;
Submitting an individual entrepreneur or legal entity notification of the start of work.

ATTENTION! The schedule of scheduled inspections is posted in advance on the website of the Prosecutor General's Office.

What will they check?

During the event, inspectors request documentation related to labor relations. In particular, the following documents must be checked:

Employment contracts.
Documents on labor regulations.
Staffing schedule.
Internal acts.
and their contents.
Orders of dismissal, hiring and transfer to another place, as well as employee signatures on them.
Accounting of work books.
Orders on overtime work, written consents of employees.
Papers related to the employment of disabled people and persons under 18 years of age.
Compliance with labor safety standards.
Regulations on personal data of workers.
Documents related to the employment of foreigners.

This is the main list of documentation that will be checked first. During an unscheduled inspection, the inspector usually requests those papers that are related to the reason for the complaints against the company.

How to prepare for the test?

Article 357 of the Labor Code of the Russian Federation specifies the powers of representatives of the labor inspectorate:

The right to demand from employers documents and information necessary to perform the supervisory functions of an inspector.
The right to seize materials and raw materials located at the enterprise for their analysis.

Often inspectors send a request demanding that documents be sent. Papers must be provided in the form of copies certified by signature or seal. Inspectors do not have the right:

Request information that is not relevant to the subject of the inspection.
Seize original papers.

The list of basic documentation that is usually requested is outlined above. In some cases, inspectors require the following documents:

Sheets for settlements with employees.
Accounting statements.
Charter of the legal entity.
Regulations on salary.

The exact list of papers is determined by the subject of the audit.

The most common errors detected during testing

Before an inspection, it makes sense to familiarize yourself with common violations that employers commit and correct them if they occur in the company. Let's look at typical mistakes:

There are not all the documents that should be there. For example, the company is very small, and therefore the employer decided not to deal with the preparation of internal regulations. However, this document is necessary for an organization of any size. Often the company does not have a rule for issuing settlement documents.
There are no work books for specialists who work in the organization. These documents are not stored correctly (they should be in the employer's safe).
There were inaccuracies in registration employment contract with an employee: there is no indication of the salary amount, there is no signature of the employee.
The vacation schedule was signed later than 2 weeks from the beginning of the year.
Annual paid leave is divided into several parts, but their total does not amount to the required 2 weeks.
The salary is less than the minimum wage.
Salary not stated in rubles.
Money is issued less frequently than once every 15 days, and there is no written consent from the employee.
Foreigners are hired under a fixed-term contract until the completion of their work permit (in this case, it is preferable to issue open-ended contracts).

IMPORTANT! During the event, not only documents are checked. Representatives of the labor inspectorate also monitor the timeliness of certification and the safety of workers. If the work requires it, you need to ensure that you have protective masks, gloves and other protective accessories.

How are the results of the audit compiled?

Based on the results of the control event, a report is drawn up in two copies. The following documents may be attached to it:

Protocols for the analysis of goods manufactured at the enterprise.
Results of the examinations carried out.
An order setting out the requirement to eliminate violations.
Explanations from workers.
Other documents that are important as part of the audit.

Typically, more paperwork is completed as part of a planned event. This is due to the fact that it is distinguished by its comprehensive nature: all aspects of the company’s activities are checked.

Fines based on the results of the inspection

What happens if Labour Inspectorate will find violations? First, an order is issued. If the employer does not correct the violations within the required time, a fine is issued or the company's activities are temporarily suspended. Who is obliged to pay it? It all depends on the internal rules of the company. This could be an individual entrepreneur, director, Chief Accountant.

Let's look at the list of common fines in 2017:

Violation of the Labor Code of the Russian Federation: 1,000-5,000 rubles for legal entities.
Repeated offense: 50,000-100,000 for legal entities, 5,000-10,000 rubles for individual entrepreneurs.
Admission to work for a worker without a health certificate: 10,000-20,000 rubles.
Absence of an employment contract or its incorrect completion: 50,000-100,000 rubles for legal entities and 5,000-10,000 rubles for individual entrepreneurs.
Repeated evasion of registration of TD: 30,000-40,000 rubles for individual entrepreneurs and 100,000-200,000 rubles for legal entities. For officials, this threatens to close the company for up to 3 years.
Violation of labor safety standards: 2,000-5,000 rubles for individual entrepreneurs and 50,000-80,000 rubles for legal entities.
Repeated similar offense: 30,000-40,000 rubles or closure for up to 3 years for individual entrepreneurs and 100,000-200,000 rubles or closure for up to 3 months for legal entities.

The more responsibility a manager or authorized person bears from the point of view of the law, the greater the fine he is subject to.

What in practice?

The fines for violations are considerable. However, in practice they are rarely prescribed. A full inspection by the labor inspectorate is also rarely carried out. But this does not mean that the requirements of the law should be ignored. If the inspector finds real violations, punishment cannot be avoided.

At the first stage, the employer is issued only an order. That is, a legal entity or individual entrepreneur is given a chance to correct it. The real problems arise after a repeat offense. In this case, you will have to pay a large fine. The company may even be closed down.

While it is possible to fully prepare for a scheduled inspection, an unscheduled event is carried out relatively suddenly. Therefore, it is advisable to prepare all documents correctly, conclude an employment contract with each employee, and introduce all necessary local regulations. This is especially true for organizations that are inspected most often (for example, catering establishments).

Inspections by government agencies of companies of various forms of ownership to determine whether their activities comply with labor law standards are enshrined in the legislation of the Russian Federation in the field of supervision. For similar actions government agencies there are appropriate grounds, regulations and procedures. The main goal labor inspection inspections are monitoring compliance by officials, entrepreneurs and organizations with the norms and requirements of labor legislation (Articles 353 and 356 of the Labor Code of the Russian Federation).

Conducting inspections of organizations by labor inspectorates (territorial divisions of Rostrud) is regulated by the Labor Code of the Russian Federation, Federal Law No. 294 “On the Protection of Rights legal entities and individual entrepreneurs in the exercise of state and municipal control”, Decree of the Government of the Russian Federation No. 875, which established the Regulations on supervision in the field of labor legislation and other regulations. There are also laws regulating such inspections at the regional and local levels.

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

Therefore, it is so important to know the characteristic features of such events and be prepared for them in advance.

Reasons for conducting inspections

Inspections carried out by state labor inspectors in organizations may be planned and unscheduled(which, in turn, are divided into documentary and visiting). Implementation procedure audits are strictly defined by law. To begin verification actions, both the first and second options require reasons (reasons, cases).

Scheduled inspection is possible for any organization and is performed once every three years.

To implement it, it is enough to have even one grounds, from called Law No. 294-FZ:

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

This list of grounds is closed, that is, inspectors do not have the right to name other reasons for carrying out planned inspections of compliance with labor law standards.

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

the employee’s application to the labor inspectorate about violation of his labor rights by the employer;
receipt of a request for an audit of working conditions at the workplace from an employee of an organization;
receiving applications from individuals, organizations, employers, government bodies, and the media about cases of violation of labor law standards. These actions must pose a threat to the life and health of employees;
completion of the period for the employer to correct violations as ordered by the labor inspectorate;
issuance of an order (instruction) of the head of the state labor inspection unit to carry out an unscheduled inspection at the request of the prosecutor, instructions of the President or the Government.

Useful information for the manager about this procedure

Anonymous requests labor inspectorate, as well as other government bodies, are not considered. In the Russian Federation, this rule is enshrined at the legislative level. The employee’s application to the labor inspectorate must indicate his basic information: full name, address and telephone number.

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

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

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

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

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

If you have not yet registered an organization, then easiest way do this using online services, which will help you generate all the necessary documents for free: If you already have an organization, and you are thinking about how to simplify and automate accounting and reporting, then the following online services will come to the rescue, which will completely replace an accountant in your company and save a lot money and time. All reporting is generated automatically and signed electronic signature and is sent automatically online. It is ideal for individual entrepreneurs or LLCs on the simplified tax system, UTII, PSN, TS, OSNO.
Everything happens in a few clicks, without queues and stress. Try it and you will be surprised how easy it has become!

Documentation for inspection by the inspectorate

There is no officially approved composition and order of documents that need to be checked by the inspectorate. It doesn’t matter what type of inspections are carried out in organizations - scheduled or unscheduled, labor inspection has the right to request any documents related to the activities of the organization in the field of labor. Especially when it comes to complex inspections. Both original documents for inspection and confirmation that workers have been familiar with them (signatures in logs) are presented. It is permissible to make copies and extracts from the received originals.

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

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

Conducting audits in accounting and human resources departments

Accounting and HR departments – key areas audit actions of authorized bodies. It is in these places in the enterprise that the bulk of the necessary documentation is concentrated.

The accounting department checks the compliance of the enterprise's remuneration system with current legislation and determines whether the economic rights of workers have been violated. Inspectors may request: pay slips, employee pay slips, employee personal accounts, cash register, check books.

Frequent violations This area of work may include:

ignoring notifications to employees about wages using pay slips;
Not correct design pay slips;
lack of employee signatures on documents, errors in employee personal accounts, etc.

Subject of inspection in the HR department are: constituent documents of the organization, collective and employment agreements, work books and their inserts, documents on leave and payment wages, local acts of the organization, documents related to labor protection, orders and instructions of the employer, notices and notices, statements and certificates, journals and accounting books with signatures of employees familiar with the rules and events.

Are being studied personnel orders : orders for hiring, transfer, vacation, dismissal, business trip, promotion, according to forms approved by the State Statistics Committee of the Russian Federation in 2004. Also, auditors may be interested in orders on disciplinary sanctions, overtime work, about suspension from work, about temporary transfer due to production needs, etc.

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

Frequent documentary violations in HR department:

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

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

Period of scheduled inspections

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

Rostrud must three days before the start notify the organization about carrying out a scheduled inspection on its territory. Conducting an inspection that is not included in the general annual schedule is prohibited, and its results are canceled.

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

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

By general rule deadline a scheduled inspection cannot last more than 20 working days; for branches the total period is no more than 60 working days. However, if we are talking about small businesses, then for a small enterprise and a microenterprise this period is equal to 50 hours and 15 hours, respectively. These findings do not apply to unscheduled inspections. If necessary, the period for an on-site scheduled inspection is extended by 20 working days (but not more), about which the employer must be notified 3 days in advance.

How to properly prepare for the test

Inspection of an organization by the labor inspectorate is a large-scale undertaking for which it is impossible to prepare at once. Therefore, it is recommended that periodic internal audit of enterprise documentation so that there is complete readiness even for an unscheduled audit.

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

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

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

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

For the convenience of the HR department, it is recommended place separately a list of special categories of workers: minors, those employed in hazardous work, employees with developmental disabilities, foreign citizens, etc. In case of inspections, the labor inspectorate pays increased attention to compliance with their labor rights.

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

The State Labor Inspectorate has significant powers to verify employers' compliance with labor legislation. So what documents does the labor inspectorate check? We'll tell you in the article.

Most often, the labor inspectorate comes with inspections based on complaints. Since there is no clearly established checklist, we recommend preparing for an audit of all documents related to personnel - employment contracts, various provisions (on wages, bonuses, daily routine), orders, work books, pay slips, timesheets, payment documents and payroll, labor protection and so on.

The main issues of conducting inspections are reflected in the Labor Code of the Russian Federation in Chapter 57 “State control (supervision) and departmental control over compliance with labor legislation and other regulatory legal acts containing labor law norms (Articles 353-368 of the Labor Code of the Russian Federation).”

According to the rule established by law, inspections carried out by state labor inspectors in organizations can be scheduled and unscheduled (which, in turn, are divided into documentary and on-site). The procedure for carrying out audits is determined by law. To begin verification actions, both the first and second options require reasons (reasons, cases).

Grounds for conducting an unscheduled inspection by the labor inspectorate

non-payment (delay) or incomplete payment of wages on time;
setting wages in an amount less than that provided for by labor legislation, that is, below the minimum wage;
failure by the employer to comply with the instructions of the labor inspector;
receipt of information about violations of labor legislation that resulted in a threat of harm to the life and health of workers;
employee complaint about violation of labor rights;
an employee’s request to check the labor conditions and safety at his workplace;
order of the heads of the labor inspection or Federal service on labor, issued on the basis of instructions from the Government of the Russian Federation, the President of the Russian Federation or the prosecutor.

Appeals and statements that do not allow identifying the person who applied to Rostrud or its territorial body, as well as appeals and statements that do not contain information about these facts, cannot serve as the basis for an unscheduled inspection of the employer.

The employer is notified of an unscheduled inspection by an authorized official of Rostrud or its territorial body entrusted with conducting the inspection at least twenty-four hours before the start of the inspection by any available means.

An unscheduled inspection of the employer can be carried out in the form of a documentary inspection and (or) an on-site inspection.

Scheduled inspection by labor inspectorate

A scheduled inspection is possible for any organization and is performed once every three years.

For its implementation, it is sufficient to have the grounds specified in Federal Law dated December 26, 2008 No. 294-FZ:

three years have passed since the date of state registration of the employer;
a three-year period has passed since the completion of the last scheduled inspection;
the employer actually carries out its business activities for three years (from the date of submission of a special notice to the authorized body).

This list of grounds is closed, that is, inspectors do not have the right to name other reasons for carrying out planned inspections of compliance with labor law standards.

Checking personnel documents.
Checking the safety of work performed.

Checking personnel documents

First of all, when preparing for the inspection visit, you should check the composition of the documents. The Labor Inspectorate will be interested in materials related to labor relations and with labor protection. It is necessary to make sure that these documents are in perfect order.

Personnel documents that will be checked:

constituent documents;
collective agreement;
all papers related to wages;
internal labor regulations;
employment contracts (Article 57 of the Labor Code of the Russian Federation establishes the essential conditions for concluding an employment contract);
staffing table;
time sheets;
time sheets for employees engaged in hazardous work;
salary sheets;
sick leave;
vacation schedule;
personal cards;
orders for appointment to a position;
work books;
a book of accounting for the movement of work books and inserts for them;
regulations on remuneration and bonuses;
Regulations on the protection of personal data.

Resolution of the State Statistics Committee of January 5, 2004 No. 1 “On approval of unified forms of primary accounting documentation for labor accounting and payment” establishes the form of orders, personal cards, vacation schedules, staffing tables, time sheets and other documents related to personnel accounting, calculation working hours and wages. Absolutely all enterprises, regardless of their form of ownership, are required to follow this resolution. There are a number of exceptions for budgetary organizations.

Checking local internal documentation

This includes a collective agreement, internal labor regulations, regulations on wages and bonuses, regulations on the protection of personal data, and regulations on trade secrets. The listed documents must comply with the law, must not contradict each other and not worsen the position of the company’s employees in comparison with the rules of the law.

All these documents should be compared with employment contracts; they often contain different operating modes. It is also necessary to compare the staffing table, the Regulations on remuneration and bonuses with the employment contract, in order to exclude different remuneration systems and different dates for receiving salaries.

Checking the vacation schedule

You should make sure that all employees have gone on vacation in recent years, and that vacation schedules have not been violated; pay attention to how vacation pay was paid. If one of your employees was not paid the required amount, do it right now. Do not forget that it must be approved no later than two weeks before the end of the calendar year. Pay attention to whether the duration of the vacation is against the law. In cases where one of the employees went on vacation unscheduled, it is necessary to make changes according to the orders and statements of the employees.

Checking salary payments

Inspectors will certainly pay attention to how wages are paid (by law it is necessary to pay them twice a month). The internal regulations, collective and labor agreements must reflect information about the time and place of payment of wages.

The inspectors will also pay attention to the size of the salary; remember that it should not be lower than the minimum established by law.

If an employee is paid bonuses or bonuses, the organization must document this fact. You should also check whether all laid-off employees have been paid.

Verification of information related to labor protection

When checking the safety of work performed, inspectors look for the following conditions:

requirements related to training and instructing employees;
safety measures during work;
providing workers with protective equipment;
organizing and conducting certification of workplaces according to working conditions (now SOUT), as well as using the results of automated workplace (SOUT) for providing benefits and compensation to employees, conducting periodic medical examinations and etc.

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

Check period

As a general rule, the period for conducting a scheduled inspection cannot be more than 20 working days; for branches, the general period is no more than 60 working days. If we are talking about small businesses, then for a small enterprise and a microenterprise this period is equal to 50 hours and 15 hours, respectively. These findings do not apply to unscheduled inspections. If necessary, the period for an on-site scheduled inspection is extended by 20 working days (but not more), about which the employer must be notified 3 days in advance.

Systematize or update your knowledge, gain practical skills and find answers to your questions on at the School of Accountancy. The courses are developed taking into account the professional standard “Accountant”.

To display the form, you must enable JavaScript in your browser and refresh the page.

Hello! Today we will discuss what an inspection by the labor inspectorate is, what violations it reveals, and what the employer faces if he breaks the law.

An audit from the tax office is 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 safety 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 inspection by the labor inspectorate

The entire verification process consists of several stages: 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 inspection order against signature. For its part, the person being inspected has the right to request complete information about the authorities and their employees who will carry out the inspection, and regulations with a detailed procedure for control activities. Even about an unscheduled inspection, the entrepreneur must be warned by letter a day before it begins. Document verification, on-site inspection by labor inspectorate

. Typically, an inspection begins with a request for copies of documents of interest to the inspection, but it happens that an on-site inspection is carried out first. The inspector must begin work by presenting an individual identification card and an inspection order, which you previously received as a notification. Only the inspection carried out by the person specified in the order to conduct the inspection will be legal.

Maximum scan duration: Based on the results of the inspection, two copies of the report are drawn up
. In rare cases, the report is drawn up immediately at the employer; most often, the person being inspected is called to the inspectorate to complete the documents. If the inspector finds violations

(it’s sad, but this happens in most cases), then he will issue an order containing:
Description of the violation and date of its commission;
Link to the relevant law;

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

Boundaries of what is permitted

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

The powers are specified in detail in Government Resolution No. 875, but here are the main ones:

Check the employer at any time of the day. However prerequisite is the presence of a certificate and an order;
Receive papers and data for verification, both from the employers themselves and from federal or territorial authorities;
Take samples of substances for analysis. Only if the corresponding act is drawn up;
Investigate accidents that may have been caused by violations of labor safety standards;
Submit instructions to eliminate violations. Even the removal of certain persons from work. The employer has no right to refuse to fulfill them;
In extreme cases, submit a demand to the court to terminate the company’s activities;
Participate in litigation as an expert.

Please note that in 2019 inspections will take place in a new format, which was established by Government Decree No. 1080 of September 8, 2017. The powers and procedures of inspectors remain the same. The changes affected the audit results. 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 entered into an employment contract with the company. If it turns out that it is not, and this is confirmed during the inspection, the contract was not presented by the company management upon request, a violation is entered into the checklist. All identified violations must be documented, so that later there are no disputes or disagreements with the results of the inspection.

In essence, 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 answers, requires them to be documented. A total of 132 checklists have been approved, but this does not mean that they will all be completed. In each specific case, the inspector, based on the company’s activities, decides independently which sheets to use and which not. What is noteworthy is that he does not have the right to check more than what is indicated in the checklists.

Inspectors cannot:

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

Grounds for inspection by the labor inspectorate

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

Any organization can be subject to a scheduled inspection by the labor inspectorate; more compelling reasons are needed for an unscheduled inspection.

So, the reason for an inspection can be:

A scheduled inspection may be based on one of the following reasons:

The employer registered or started doing business 3 years ago;
The previous inspection ended 3 years ago.

According to the moratorium on inspections of small businesses in Russia, until the end of 2018, enterprises covered by the law were exempt 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 inspection schedule for 2019 has already been presented on the website of the Prosecutor General's Office.

The impetus for an unscheduled inspection (there are no restrictions on the frequency of such inspections by law) can be:

Expiration of the deadline for fulfilling the order from the last inspection;
Issue of an order based on instructions from the prosecutor's office;
Delay by the employer of wages, as well as payment of them not in full;
Payroll below the minimum required by law;
Violation Labor Code Russian Federation, causing 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 requests to check working conditions (the inspectorate does not consider anonymous requests, but it must act confidentially, without advertising whose complaint the inspection was organized for).

What does the labor inspectorate check?

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

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

Employment contracts, personal cards of employees and other data about them;
Work books of employees at the enterprise and their accounting log;
Work schedule and time sheet for hours worked;
Sick leave certificates, documents on medical examinations of employees;
Vacation schedule, as well as other documents related to it (employee statements);
Calculation sheets;
Accounting statements, individual employee accounts and other information about employee payments;
Company charter and internal regulations;
Registration of work with citizens of other states and beneficiaries;
Regulations on wages, bonuses, and personal data of employees;
Evidence (personal signatures) that all employees are familiar with the above documents.

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

How to prepare for a labor inspection inspection

The most common violation that entails a fine for the employer is the lack of all necessary documents.

Local acts are mandatory for every organization, even the smallest one, with hired employees. For example, this is a set of internal regulations, regulations on personal data of employees.

It is also mandatory to issue a payslip (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 payment made for the month. If desired, the employer has a way to insure itself by maintaining a log of the issuance of pay slips.

The employer must keep work books for all employees in a safe.

Employers often make inaccuracies in the preparation of basic documents. For example:

The wage rate is not specified;
The copy of the employment contract (any other document) belonging to the employer does not bear the employee’s signature;
The vacation schedule was signed later than 14 days before the start of the calendar year.

In addition to documents, you should also take care of compliance with all labor law standards. Timely certification and safety of employees in their workplace are very important. Whether special clothing or accessories are required for workers, protective masks or gloves, and much more depends on the type of work they perform.

Other common mistakes:

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

Fines from the labor inspectorate

If the labor inspector reveals violations, then first of all the employer will be given an order. Failure to eliminate all points of the order may result in suspension of activity or a fine.

Depending on the violation, a fine may be imposed on the company itself, its manager, individual entrepreneur, or responsible persons(this may be the head of the personnel department or the chief accountant), if this is provided for by the company's rules.

The most common fines areissued by the labor inspectorateV2018 year:

Violation	Fine for an official		Fine for individual entrepreneurs	Fine for a legal entity
Violation of labor laws	1,000 - 5,000 rubles			30,000 - 50,000 rubles
Repeated violation of labor laws	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 health certificate), while the employee denies this.	10,000 - 20,000 rubles for the employer and 3,000 - 5,000 for the employee
Avoidance 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 for up to three years			100,000 - 200,000 rubles or termination of activity for up to three months
Violation of special inspection requirements	5,000 - 10,000 rubles			60,000 - 80,000 rubles
Permission to work for an employee who has not undergone labor safety training	15,000 - 25,000 rubles			60,000 - 80,000 rubles
Failure to provide employees with personal protective equipment (when required)	25,000 - 30,000 rubles			130,000 - 150,000 rubles

Administrative investigation by the labor inspectorate

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

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

An investigation is initiated in the following cases:

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

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

The text of the definition contains:

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

The investigation lasts no more than a month from the date of initiation of the case; it can be conducted either by the inspector who conducted the previous inspection or by another state labor inspector.

Further developments depend on the results of the investigation.

If the violation is not confirmed- the inspector makes a decision to terminate the case.

If the violation has been proven- the inspector draws up a protocol on an administrative violation. Within 15 days, the case will be reviewed by the state labor inspectorate; in rare cases (usually if the violation was repeated), the inspector will refer the case to court.

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