What the labor commission checks. How to prepare for a scheduled labor inspection. Step-by-step instructions. Verification of internal documents of the company

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

What does the labor inspectorate check during a scheduled inspection

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

Inspection begins with a review of employment contracts, assessing their compliance with the law. It is recommended that you check these documents first. If there are flaws in them, corrections should be urgently made, conclude additional agreements with people.

There is a definite advantage in the considered structure of work. The Labor Inspectorate does not hide the inspection plan. She is obliged to acquaint with it those organizations that are in the field of her attention in the current period. As a rule, the company receives a letter with information about the upcoming event. Workers have time to prepare.

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

How is the inspection of the labor inspectorate organized

A routine check can be done in two ways. In instructions labor inspection it was found that the control takes place both on-site and in documentary form. In the first case, the inspector goes to the enterprise and understands the papers there. In the second, everything you need should be provided to a state institution.

Of course, personnel officers are more fond of, so to speak, documentary checks. Fewer problems with nosy inspectors. However, one should prepare in any case. The audit affects not only the personnel department of the enterprise. Its specialists are required to assess compliance with legislation in the field of accrual and payment of funds to employees. Consequently, the accounting department will also have to take part in inspection activities, provide documents, personal accounts, defend their point of view, explain if errors are found, and so on.

Who is eligible for scheduled inspection

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

the last control event;
state registration;
the beginning of the actual activity.

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

In addition, scheduled inspections are different: complex and thematic. During the latter, only part of compliance is monitored labor legislation... Usually, the company receives a message about what the labor inspectorate checks during a scheduled inspection in this or that case. That is, the theme of the event is announced to avoid unnecessary fuss.

The initial stage of organizing inspections

We will disclose the procedure for working within the inspectorate regarding enterprises. At the end of the year, a plan is drawn up for the next period. All organizations do this. The labor inspectorate must formulate a schedule of inspections before the start of next year. It includes enterprises to which specialists will be sent, topics and dates of events. This document subject to legal analysis for compliance with applicable law. Once approved, changes are rarely made. Good reasons are needed for this. It should be noted that the Labor Inspectorate of the Russian Federation - state enterprise... There is no "amateur performance" allowed, everything must be clear in the legal framework. Before the very check, the manager issues an order. This paper reflects:

name and details of the enterprise;
the official who is entrusted with the performance of the work;
timing and topic of control activities.

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

Normative acts

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

Then the inspector will move on to studying the orders for personnel. See if all the familiarization signatures have been provided by employees. Their absence is a typical mistake.

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

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

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

The correctness and timeliness of the provision of rest time

Holidays take place of honor in the list of reviewers' comments. Oddly enough, workers rarely file a complaint with the labor inspectorate on this matter. People often do not know their rights. And the regulatory authorities are aware of them and will look in this direction. Make sure that you do not have people who have not vacationed for more than two years in a row. This is strictly prohibited by law.

A common mistake of inexperienced personnel officers is the lack of a vacation schedule. It seems that this is an extra piece of paper. But the law stipulates that such a schedule should be in the enterprise. Therefore, the inspector will demand it. It is necessary to draw up a schedule and make sure that it does not differ in dates with vacation orders. In case of violation, changes are made to the text of the document. Nothing complicated. Re-approve the revised schedule (sign a new copy with your supervisor).

Salary

The typical (most common) appeal to the labor inspectorate is associated with violations of the issuance of earnings. The inspector is obliged to see if the company complies with legislation in this area. To do this, he will require a wage clause. It should be written and approved if not already done. Accounting data, namely the date of issue of earnings, must strictly comply with the provisions of the above document. Payment is made twice a month. This must be reflected in the document and strictly observed.

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

Occupational Safety and Health

This is one of the most difficult topics to check. The enterprise must approve a regulation on labor protection. By a special order, a specialist is appointed responsible for this direction work. He keeps a journal, gives briefings and the like. The inspector will check all his documentation. And he will also look at the job description. The document should reflect the responsibilities for labor protection.

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

Special Issues

We have described the main areas of checks and the required documents. The inspector always asks for them. It doesn't matter if he is doing a due diligence or a thematic one. He will definitely look at payment, correctness of drawing up labor contracts, orders, granting vacations.

But there are other documents that are checked less often. These include the attestation documentation. If your organization is holding such an event, then it should be properly designed.

Passage certificates are also sometimes checked.

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

How is the check

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

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

It should be noted that the “worst” test is the one that is carried out on the initiative of the employee. This happens when a complaint was sent to the labor inspectorate by a person associated with your organization by contract. In this case, do not expect indulgences from the inspector. His duty is to protect the worker.

Final document

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

The management of the audited enterprise has the opportunity to object. Your substantiated comments must be sent to the inspection within fifteen days. But the order to eliminate the violation will still have to be executed and a report submitted to the controlling organization. Better to come to an agreement during the audit. Then the inspector will indicate that there were violations, but they were corrected even before the final document was written.

Inspections by state bodies of companies of various forms of ownership for the compliance of their activities with labor law are enshrined in the legislation of the Russian Federation in the field of supervision. There are appropriate grounds, regulations and procedures for such actions by government agencies. The main goal inspections of the labor inspectorate is the control over 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).

Inspections of organizations by labor inspectorates (territorial divisions of Rostrud) are regulated by the Labor Code of the Russian Federation, Federal Law No. 294 "On the Protection of the Rights of Legal Entities and Individual Entrepreneurs in the Exercise of State and Municipal Control", Decree of the Government of the Russian Federation No. other regulations. At the regional and local levels, there are also laws governing such inspections.

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

Therefore, it is so important to know characteristics such events, and be prepared for them in advance.

Reasons for conducting inspections

The checks carried out by state labor inspectors in organizations can be planned and unplanned(which, in turn, are subdivided into documentary and offsite). Procedure for implementation revisions are strictly defined by law. To start checking actions in both the first and second options, grounds (reasons, cases) are needed.

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

For its implementation, even one grounds, from those called by Law 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 his entrepreneurial activity for three years (from the moment of submission of a special notification to the authorized body).

This list of grounds is closed, that is, inspectors have no right to name other reasons for carrying out planned inspections of compliance with labor law.

For unscheduled inspection a certain reason is needed, usually coming 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):

an employee's appeal to the labor inspectorate about a violation of it labor rights by the employer;
receipt of a request for revision of working conditions at the workplace from an employee of any organization;
receiving statements from individuals, organizations, employers, government bodies, the media about cases of violation of labor law. These actions must pose a threat to the life and health of employees;
expiration of the term for the employer to correct violations by order of the labor inspection
issuance of an order (instruction) of the head of a subdivision of the state labor inspectorate on the implementation of an unscheduled inspection at the request of the prosecutor, instructions from the President or the Government.

Useful information for the manager about this procedure

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

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

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

If there is not a complex, but a thematic verification of compliance with the requirements of legislation in the field of labor, then the inspectors in their actions have no right to go beyond the designated issues, require information outside the subject of the audit. So, if the subject of the audit is labor protection documents, then the inspectors cannot deal with issues of activity personnel service.

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

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

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Documentation for audit by inspection

There is no officially approved composition and order of documents that must be checked by the inspectorate. It does not matter what kind of inspections are carried out in organizations - planned or unscheduled, labor inspection has the right to request any documents concerning the activities of the organization in the world of work. Especially when it comes to complex audits. Both the originals of the documents for inspection and the confirmation that the workers were familiarized with them (listings in the magazines) are presented. It is permissible to make copies and extracts from the originals received.

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

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

Carrying out checks in the accounting department and in the personnel department

Accounting department and HR department - key sites revision actions authorized bodies... It is in these places at the enterprise that the bulk of the necessary documentation is concentrated.

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

Frequent violations in this area of work there may be:

ignoring the notification of employees about wages using pay slips;
not correct design payroll;
lack of signatures of employees on documents, errors in personal accounts of employees, etc.

The subject of verification in the personnel department are: constituent documents organizations, collective and employment contracts, work books and their inserts, documents on leave and payment of wages, local acts organizations, documents related to labor protection, orders and orders of the employer, notifications and notifications, statements and certificates, journals and books of records with the signatures of employees familiar with the rules and events.

Are being studied personnel orders : orders for employment, transfer, vacations, dismissals, business trips, incentives, according to the forms approved by the State Statistics Committee of the Russian Federation in 2004. Also, auditors may be interested in orders on disciplinary action, O overtime work, about suspension from work, about temporary transfer due to production necessity etc.

Local regulations must have a form and content in strict accordance with the law, must not allow contradictions in relation to each other, as well as to labor contracts and staffing table(different working hours, different systems of remuneration, etc.).

Frequent documentary violations in the personnel service:

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

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

Period of scheduled inspections

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

Rostrud should be three days before the start notify the organization on the conduct of a scheduled inspection on its territory. An audit that is not included in the annual schedule is prohibited, its results will be canceled.

Despite the fact that scheduled inspections are supposed to be carried out no more than once every three years, from this rule there are exceptions... With regard to educational, medical organizations and enterprises social sphere checking 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 logbook of control measures.

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

How to properly prepare for the test

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

Better correctly draw up documents immediately, "in fact", without postponing "for later", and tidy them up periodically, check for compliance with labor laws. The employer must have all the obligatory labor documents in stock and be properly executed.

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

Also, when carrying out any type of checks in order to avoid a fine, maximum attention should be paid to preparation of missing documents... These are often local regulations, which they like to neglect. small firms... Not only their presence is checked, but also the structure of the design, their observance in practice.

Every employer must provide its employees safe conditions labor. They are spelled out in labor protection documents, the presence of which is necessary in any organization. These can be various instructions, documents confirming that workers were trained in labor protection. This kind of documents 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 put separately a list of special categories of workers: minors, employed in hazardous work, employees with special age development, foreign citizens, etc. In the case of inspections, the labor inspection pays increased attention to the observance of their labor rights.

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

The system of labor inspectors was created by the state to monitor the observance of labor legislation by employers. You can understand what the labor inspectorate is checking by reading regulatory framework based on the constitution, Labor Code RF, ILO convention ( international organization labor) and a number of federal laws.

Legislation regulates:

the system of work of labor inspectors;
the reasons for the checks;
the breadth of powers of inspectors;
for violation of the law;
documentation required to provide inspection, etc.

Based on legal norms, several goals are set for the state labor protection.

These include control:

over the implementation of labor legislation by employers, including working conditions, document flow, etc .;
over the provision of employees with state-prescribed payments, subsidies and compensations, as well as over the fulfillment of wage obligations;
for the management of cases related to accidents in the workplace;
and the settlement of disputes concerning labor relations between employees.

In addition, the labor inspectorate provides protection for the unemployed and privileged categories of citizens in terms of receiving state. support and monitors the performance of duties by the guardian authorities.

The information function is also part of the area of what the labor inspectorate does, which should advise both managers and the employee on issues related to labor law.

The inspection system involves scheduled and unscheduled inspections. The number of the former is regulated by the state, and depends on the type of activity of the enterprise.

What does the labor inspectorate check during a scheduled inspection?

Inspectors' visits take place according to a predetermined schedule.

Scheduled inspections are divided into several types:

The due diligence is aimed at monitoring the firm's compliance with labor legislation in full. This type of control can be carried out in conjunction with other government agencies. For example, with the Tax Inspectorate or the Prosecutor's Office.
Documentary verification allows inspectors not to visit the facility, but only to demand the necessary documents from the organization. The latter is obliged to provide them within 10 days.
Control visits can also be classified as planned, since they are designed to check whether the violations identified have been eliminated. Although these visits are not scheduled, they are carried out according to the mandated time frame.

Interesting fact: Thanks to the moratorium introduced on 1.01.16 until 2019, some of the participants in small businesses are exempted from scheduled inspections.

Enterprises can not wait for inspectors if:

they have no gross violations;
have less than 800 ml. rubles of revenue per year;
their staff does not exceed 100 people;
the state has in them authorized capital less than 25%;
participation in business of foreign investments does not exceed 49%;
their activities do not fall within the scope excluded from the moratorium by federal law No. 294 ( social service, audit, health care, education, energy, energy supply, business associated with the state. secret, etc.).

For such enterprises, the law prohibits not only full-time scheduled inspection, but also verification of documents.

What is the characteristic of an unscheduled inspection of the labor inspection, and on what grounds is it carried out?

Unscheduled visits are based on the facts of violations. The grounds for an unscheduled inspection of the labor inspectorate are spelled out in government decree No. 875 (01.09.12).

Inspectors may order an inspection in cases where:

the wages of employees of the enterprise are delayed or paid in an amount less than established by law (see);
the norms prescribed for the quality of working conditions are not observed, which can pose a threat to the life or health of personnel;
the inspectors have an order drawn up on behalf of the prosecutor's office, the Government or the President of the Russian Federation;
the inspectorate received a complaint about violations of labor legislation at the enterprise, or a reasonable request for the need to conduct an inspection;
the previously identified violations were not eliminated within the time limit established by the order.

Most often, an unscheduled inspection of the labor inspectorate is carried out on the basis of an employee's complaint. The decision on its implementation is made within a month from the date of receipt of the claim. If the employee's appeal concerns a specific violation, then a targeted check is carried out at the enterprise.

Interesting fact: If the inspection is carried out at the request of the employee, the inspector can only consider the area of the enterprise to which the complaint was made. Accidents at work are also perceived as guaranteed prerequisites for an unscheduled inspection.

The planned visit of the regulatory authorities is intended to study how the organization complies with the legislative norms regarding labor protection and labor relations.

It is necessary to have the necessary documentation for the enterprise, as well as its compliance with the requirements of the Labor Code of the Russian Federation and Government Resolutions regarding personnel records at the enterprise. The working conditions must be safe, and the personnel must be informed about the safety precautions at the enterprise.

Interesting fact: An unscheduled check can be carried out after analyzing the requirements for candidates for the lesson vacant post at the enterprise. If the inspection considers that they contain a discriminatory component (for example, restrictions on age, sex, etc.), an extraordinary visit of inspectors may be initiated.

Inspection procedure

Regardless of whether it is a scheduled check or not, it follows a certain algorithm.

Notification.
Departure of specialists and request for documents.
Documenting the results.
Prescription.
Appeal.

The organization should be made aware of the upcoming visit of the inspector. If it goes on schedule, then a written notification is carried out three days in advance. For unscheduled inspections, the notification period is set at one day.

Face-to-face and documentary checks can be either sequential or alternate. Most often, a package of necessary documents is initially requested, and after studying them, a visit to the object is made.

At the end of the work, the inspector draws up an act in two copies.

If the organization does not agree with the results displayed in the act, it has the right to appeal them.

At the end of the period specified in the order, the inspector visits the facility again. If violations are not eliminated, then penalties are imposed on the organization.

A scheduled inspection cannot be carried out more than once every three years. Inspectors should be expected for those enterprises that have worked for three years (in fact or legally) or where three years have passed since the previous visit of inspectors. The number of unscheduled inspections is not limited by law.

The law gives twenty working days for one check. The period may be extended if the work required expertise or additional research. In this case, the inspection can carry out work 20 days longer.

Businesses with branches can be subject to audits lasting up to 80 days, as time frames are set for each department.

The maximum terms of inspection of the labor inspectorate for small and micro enterprises are set in hours (50 and 15, respectively).

Labor inspection specialists work on the basis of job description and have no right to go beyond it.

What is the inspector allowed?

The full scope of powers is reflected in the 875 Government Decree.

The main ones are:

Conducting an inspection at any time, if the inspector has an order and certificate.
The ability to demand the documents necessary for verification, both from the heads of organizations and from state authorities.
Investigate workplace accidents.
Carry out sampling, if necessary, and a corresponding act has been drawn up about the work performed.
Write out prescriptions based on the results of identified violations, including a ban on work by individuals or a ban on the use of unsafe equipment, which are mandatory.
Demand the suspension or complete cessation of the organization's activities by applying to the court.
Collect materials regarding persons guilty of administrative violations related to labor relations or labor protection and send them to law enforcement agencies or the court.
To act as an expert in court proceedings.

What is prohibited for the inspector?

The labor supervision specialist does not have the right to conduct an inspection without reason and outside the scope of his authority.

Check the organization without a special order and certification.
Violate the procedure or deadlines.
To withdraw the originals of the documentation from the enterprise.

If a specialist exceeds his authority or violates the verification procedure, the representative of the enterprise has the right to appeal against his actions. Then a penalty or fine will be imposed on the inspector.

The main list of documents when checking the labor inspection
It is the responsibility of the representative of the audited organization to provide documents for the labor inspection.

When checking, the following can be examined:

Documents responsible for the registration of labor relations
(contracts with employees, work books, personal cards, accounting journals personnel documents etc.).
Compliance of the system of local acts with legislation and each other
(constituent documentation, rules, orders and orders).
Employee hiring, disability and dismissal system
(sick leave, medical examination reports).
Ways of wage formation and frequency of payments
(payroll, payroll, regulations on wages and other payments).
Compliance with working hours and compensation payments
(work schedule and vacations, timesheets, etc.).
Working conditions and their compliance with safety standards for employees
(documentation defining labor standards, training, certifications, etc.).

If the document is required for familiarization of employees, then the signature of each employee must confirm the fact of informing him.

The main mistakes in the preparation of documentation and enterprise management are related to the failure to comply with the requirements of the Labor Code of the Russian Federation and the incorrect execution of business papers.

Errors in employment contracts

A written agreement with each employee is required. The copy kept by the employer must be signed by the employee and must contain information on the amount of wages.

Vacation schedule

Most often, the procedure for granting leave is violated. By law, you can divide your vacation into several parts, but one of them must be at least 14 days. Total amount rest days cannot be less than 28 days. Before the start of the vacation, the employee must be informed about its occurrence two weeks in advance. Employee leave must be paid three days before the leave. The timing of the approval of the schedule is also mistaken - 14 days before the beginning of the year for which vacations are planned.

Wage

It would be a serious violation wage below the established minimum (minimum wage). Its size should be reflected in rubles. If payments are made less than once every 15 days, the written consent of the employee is required. Each issue must be confirmed by a pay slip.

Registration of work books

A work book must be issued for each of the employees. These documents are stored only in the safe. All transfers from position to position should be recorded. Each entry must be confirmed by an order for the employee's signature.

Inspectors pay special attention to the certification of employees that affect the safety of work at the enterprise. Safety logs must be signed. Persons who have not received training cannot be allowed to work.

The order drawn up based on the results of the audit may include a fine to the company or its employee responsible for the violation.

The main fines of the labor inspectorate imposed in 2017

Violations	Legal entities	Individual entrepreneurs	Officials
Violation of the Labor Code of the Russian Federation	30-50 thousand rubles.	1-5 thousand rubles	1-5 thousand rubles
Repeated violation	50-100 thousand rubles.	5-10 thousand rubles	10-20 thousand rubles, or a restriction on work in a position of up to three years
Lack of an employment contract / incorrect paperwork	50-100 thousand rubles.	5-10 thousand rubles	10-20 thousand rubles
Repeated violation of registration of contractual relations	10-20 thousand rubles	30-40 thousand rubles.
Employee's admission to activities without the right to it	Employer - 10-20 thousand rubles, employee - 3-5 thousand rubles.
Re-admission	10-20 thousand rubles	30-40 thousand rubles.	Prohibition to work in a position up to three years
Violation of labor protection	50-80 thousand rubles.	2-5 thousand rubles	2-5 thousand rubles
Repeated violation in terms of labor protection	100-200 thousand rubles or a ban on work for up to three months	30-40 thousand rubles.	30-40 thousand rubles.
Identification at the workplace of an employee who has not been instructed in labor protection	60-80 thousand rubles.	15-25 thousand rubles	15-25 thousand rubles
Lack of personal protective equipment, if necessary	130-150 thousand rubles.	25-30 thousand rubles	25-30 thousand rubles

Serious violations can threaten the enterprise not only with a fine, but also with a ban on the conduct of activities, according to a court decision.

Test results

The result of the check is an act. It indicates the date of the event, the reason and the violations found. The representative of the organization is obliged to put his signature on the act. In case of disagreement, this fact is indicated in the act.

After the act, a protocol or Order to eliminate violations is created. It contains references to a law that has been violated, and a deadline is set for correction. When the violation has been corrected, a report should be sent to the inspector.

How do I know about a scheduled inspection?

You can find out about the time of the scheduled inspection according to the schedule drawn up by Rostrud. You can do this on his website. rostrud.ru or the website of the prosecutor's office genproc.gov.ru

Since the inspectors are warned about their visit in advance, the enterprise has time to prepare for the inspection of the labor inspection.

It is necessary to bring all business papers in accordance with the requirements of the Labor Code, eliminate contradictions between documents, check for all the signatures of employees that are required. Make sure that employees have employment contracts, work books, work permits, have passed the necessary instructions and certifications.

Particular attention should be paid to working conditions and bring them in line with legal norms.

The State Labor Inspectorate is structural unit Federal Service employment. It, in turn, is divided into territorial and federal supervisory inspectorates. Their powers are relevant in all subjects Russian Federation.

State labor inspectorate: features

The powers of the federal inspectorate are regulated by article 356 of the Labor Code. The main function is to supervise the implementation of the existing legislation by the employer, as well as to present him with relevant recommendations regarding the infringement of the labor rights of employees.

In addition, the duties of the representatives of the Federal Inspectorate are:

Bringing to administrative responsibility in case of violations;
organization of prosecution in case of violation of the law;
control over the implementation of the procedure for non-admission to the performance of professional duties of those employees who, for whatever reason, have not been instructed in safety or have not demonstrated the proper amount of knowledge in the field of labor protection.

The powers of the Federal Labor Inspectorate are quite extensive. This is evidenced by the fact that this structure has the right to initiate the suspension of the enterprise in the event of violations of the labor rights of workers. Moreover, the inspectorate has the right to block the work of all divisions of this organization.

Finally, it is the federal labor inspectorate that investigates all the circumstances that provoked man-made disaster or an accident with serious consequences. Legislative framework for professional activity this body is, first of all, the Labor Code, as well as the ILO Convention "On Labor Inspection in Industry and Commerce".

The rights of the inspection body enable its employees to initiate an inspection at any enterprise around the clock. In the event of a scheduled inspection of the labor inspection in 2020, the inspector of the body is obliged to notify the management of the enterprise in advance 3 days before the start of the work of inspectors.

This supervisory body has the right at any time to demand for examination the working and any specialized documentation related to the employer's observance of the interests of employees. If for carrying out inspection activities, samples of materials, raw materials or other substances are required with which work is carried out at the enterprise, then the administration is obliged to provide them upon request.

At the same time, the inspection should not be carried out if the management of the inspected enterprise is absent at the workplace for some reason. The main principle of this body is openness. So, for example, any citizen has the right to file a complaint or a proposal to the inspectors.

The first duty of inspectors is to provide free consultation on the question of interest. Sometimes the consideration of a complaint ends at this stage, because conflict situation in production may be associated with legal illiteracy of the employee.

In any case, employees of the federal inspectorate are charged with the obligation to record in writing the citizen's appeal and initiate an inspection. The results must be communicated to the applicant within one month. In some cases, only 10 days are given for the consideration of the complaint.

Scheduled labor inspection: what is checked

At the beginning of each year, a list of upcoming scheduled inspections is published on the official portal of Rostrud. Because the this information is available for review, the administration of any enterprise, institution or company can prepare documentation in advance and provide comfortable conditions for the work of inspectors.

Finding your company in this list will not be difficult. The plan of the forthcoming inspection is distributed among the constituent entities of the Russian Federation. Acquaintance with the list will make it possible to understand that not every organization falls into it. Usually, no more than 15% of officially registered legal entities are subject to verification within a year.

The material for the study of this supervisory authority is all documentation that is in one way or another related to labor relations... In addition, documentation on labor protection is the subject of close attention of inspectors of the federal inspectorate. The inspector has the right, during a routine inspection of the labor inspection, to request any local acts and orders.

During the inspection, inspectors should be in the field of view:

The subject of close examination of inspectors is all documentation on labor protection, as well as a book for recording work books and all available inserts. A special category includes documents covering work with foreign citizens. All the work of inspectors is prepared in advance, and the administration must prepare a package of all documents in advance.

How the work of field inspectors is organized

Before the start of the work of inspectors, an order is issued within the GIT. The head of the enterprise, on the basis of which the employees of the supervisory authority will work, is issued this order. It must be signed personally by the head or his deputy.

The head of the enterprise, which is subject to a routine inspection by the labor inspection, has the right to request information about all officials who will carry out the verification.

Inspectors have no right to demand for examination documentation or samples of raw materials that are not directly related to the subject of the inspection. In addition, inspectors of the supervisory authority have no right to seize any originals of relevant documents.

It is planned inspections that pursue the goal of finding out in what state the work on the formation of personnel records is at the enterprise. When the employer receives notification of the start of an inspection, the employer gets acquainted with the work plan of the inspectors. However, practice shows that the notification does not always reach the administration. Therefore, the inspectors of the supervisory authority retain the right to warn the employer by telephone.

The work of the Federal Inspectorate should not last more than 20 working days. The entire package of documents submitted for inspection must be pre-described. This will enable the employer to control their safety.

Labor inspection work can be carried out both locally and remotely. If inspectors go to the enterprise, then the administration is obliged to provide the members of the commission with a separate room. The law does not provide for the creation of any comfortable or special conditions for the working inspectors. However, a prerequisite is to provide the premises provided to them with high-quality access to the network.

For legal entities, a documentary check is preferable, rather than a visit to the enterprise. The complexity of this option lies in the additional burden on the administration of copying a large number of documents. However, this circumstance is also an advantage.

In the process of copying, it will be possible to correct or form documents that, for some reason, are not enough. If the inspectors work on the spot, then this will not be possible.

It is not recommended to offer for inspection a package of documents that have not been requested. First of all, this will serve as an additional burden on the inspectors. In addition, if the inspector has already looked into these documents, then there is a high probability that he will want to check other accompanying documentation. Thus, the likelihood of receiving a fine increases.

As for how often a scheduled inspection of the labor inspectorate is carried out, it was not long ago that inspectors were supposed to leave every 3 years. However, at present, scheduled inspections are carried out every 2 years for enterprises that are listed as high-risk. If the company is classified as a risk group, then the audit can be carried out more often than at other enterprises.

In order to determine the risk group, inspectors use the following criteria:

The employer has the right to challenge the assigned risk category if he does not agree with it and knows that he can prove the opposite.

The peculiarity of the scheduled inspection from the current year is the use of checklists. This optimizes the work of inspectors and makes the preparation for their exit as comfortable as possible. Filling in checklists is being introduced into practice (not everywhere, but in many regions). That is, the inspection is carried out according to a certain algorithm.

At present, 107 sheets have been approved on the official portal of Rostrud. Since the information of Rostrud is freely available, the manager has a good opportunity to prepare in advance and put all things in order. However, whatever form the inspectors use when checking, the main vector of their activity is the personnel system.

Penalties can be challenged if the inspector of the supervisory authority has drawn up a protocol in the absence of the director of the enterprise.

There are statistics, analyzing which, the employer can make the training stage more focused. For example, it is known that most labor inspectorate fines are issued for violations in the field of labor protection.

The second most popular reason for the imposition of penalties was the systematic delay in staff salaries. Moreover, the leader should bear in mind that for this category of violation, one can receive not only administrative, but also criminal punishment, in accordance with Article 145 of the Criminal Code.

Rules for drawing up the results of the inspection of the labor inspection

After the work of the inspectors is completed, an appropriate act must be drawn up. It is formed in two copies, one of which remains at the enterprise, and the second is taken by the employees of the supervisory authority.

In addition, the following documents must be attached to the final act:

technical protocols of carried out research and laboratory examinations;
protocols of sampling, analysis of raw materials or manufactured products;
explanations of employees that were required by inspectors to clarify a particular working moment during the work of the commission.

In addition, the result of the commission's work should be a list of recommendations aimed at minimizing or completely eliminating the detected violations.

As for an unscheduled check, it is usually initiated to analyze the situation with previously issued orders for violations. That is, inspectors can suddenly make a visit to the enterprise in order to find out whether the violations found in personnel records have been eliminated.

In addition, an unscheduled inspection with the visit of inspectors can be initiated upon complaints from employees. In this case, the employees of the supervisory authority are also obliged to notify the employer. However, the time limit has been reduced to 24 hours. If the complaint of employees is serious enough, and the inspector may suspect the destruction of compromising documents, then the warning for the legal entity may not follow.

With a planned, as with an unscheduled inspection, the purpose of the commission's work is the same: to defend the rights of citizens to safe work and decent working conditions.

Privacy agreement

and processing of personal data

1. General Provisions

1.1. This agreement on confidentiality and processing of personal data (hereinafter referred to as the Agreement) is freely accepted and of its own free will, applies to all information that LLC "Inseils Rus" and / or its affiliates, including all persons belonging to the same group with LLC "Inseils Rus" (including "EKAM service" LLC) may receive information about the User while using any of the sites, services, services, computer programs, products or services of "Inseils Rus" LLC (hereinafter referred to as the Services) and the course of execution of any agreements and contracts with the User by Insales Rus LLC. The User's consent to the Agreement, expressed by him within the framework of relations with one of the listed persons, applies to all other listed persons.

1.2 Use of the Services means the User agrees with this Agreement and the terms and conditions specified therein; in case of disagreement with these conditions, the User must refrain from using the Services.

"Insails"- Society with limited liability"Inseils Rus", PSRN 1117746506514, INN 7714843760, checkpoint 771401001, registered at the address: 125319, Moscow, Akademika Ilyushin st., 4, building 1, office 11 (hereinafter - "Insales"), on the one hand , and

"User" -

or individual possessing legal capacity and recognized as a participant in civil legal relations in accordance with the legislation of the Russian Federation;

or entity registered in accordance with the legislation of the state of which such a person is a resident;

or individual entrepreneur registered in accordance with the legislation of the state of which such a person is a resident;

which has accepted the terms of this Agreement.

1.4 For the purposes of this Agreement, the Parties have determined that confidential information is information of any nature (production, technical, economic, organizational and others), including the results of intellectual activity, as well as information about the methods of carrying out professional activities (including, but not limited to: information about products, works and services; information about technologies and research works; information about technical systems and hardware, including software elements; business forecasts and information about prospective purchases; requirements and specifications of specific partners and potential partners; information related to intellectual property, as well as plans and technologies related to all of the above) communicated by one party to the other in writing and / or electronic form clearly designated by the Party as its confidential information.

1.5. The purpose of this Agreement is to protect confidential information that the Parties will exchange during negotiations, concluding contracts and fulfilling obligations, as well as any other interaction (including, but not limited to, consulting, requesting and providing information, and performing other instructions).

2. Obligations of the Parties

2.1. The Parties agree to keep secret all confidential information received by one Party from the other Party during the interaction of the Parties, not to disclose, disclose, disclose or otherwise provide such information to any third party without the prior written permission of the other Party, with the exception of cases specified in the current legislation, when the provision of such information is the responsibility of the Parties.

2.2. Each of the Parties will take all necessary measures to protect confidential information at least using the same measures that the Party applies to protect its own confidential information. Access to confidential information is provided only to those employees of each of the Parties who reasonably need it to perform their official duties for the implementation of this Agreement.

2.3. The obligation to keep confidential information in secret is valid within the term of this Agreement, the license agreement for computer programs dated 01.12.2016, the agreement of accession to the license agreement for computer programs, agency and other agreements and for five years after termination their actions, unless the Parties separately agree otherwise.

(a) if the information provided has become publicly available without violating the obligations of one of the Parties;

(b) if the information provided becomes known to the Party as a result of its own research, systematic observations or other activities carried out without the use of confidential information received from the other Party;

(c) if the information provided is lawfully obtained from a third party without the obligation to keep it secret until it is provided by one of the Parties;

(d) if the information is provided at the written request of a public authority, other public authority, or body local government in order to fulfill their functions and its disclosure to these bodies is mandatory for the Party. In this case, the Party must immediately notify the other Party about the received request;

(e) if the information is provided to a third party with the consent of the Party, the information about which is being transferred.

2.5. Insales does not verify the accuracy of the information provided by the User and does not have the ability to assess his legal capacity.

2.6 The information that the User provides to Inseils when registering for the Services is not personal data as defined in Federal law RF No. 152-ФЗ dated July 27, 2006. "About personal data".

2.7 Insales reserves the right to amend this Agreement. When making changes in the current edition, the date of the last update is indicated. The new version of the Agreement comes into force from the moment it is posted, unless otherwise provided. new edition Agreements.

2.8. By accepting this Agreement, the User realizes and agrees that Inseils can send the User personalized messages and information (including but not limited to) to improve the quality of the Services, to develop new products, to create and send personal offers to the User, to inform the User about changes in Tariff plans and updates, to send the User marketing materials on the subject of the Services, to protect the Services and Users and for other purposes.

The user has the right to refuse to receive the above information by notifying this in writing to the email address of Inseils -.

2.9. By accepting this Agreement, the User understands and agrees that the Inseils Services may use cookies, counters, other technologies to ensure the performance of the Services in general or their individual functions in particular, and the User has no claims against Inseils in this regard.

2.10. The user is aware that the equipment and software used by him to visit sites on the Internet may have the function of prohibiting operations with cookies (for any sites or for certain sites), as well as deleting previously received cookies.

Insails has the right to establish that the provision of a certain Service is possible only if the acceptance and receipt of cookies is permitted by the User.

2.11. The user is solely responsible for the security of the means chosen by him to access the account, and also independently ensures their confidentiality. The User is solely responsible for all actions (as well as their consequences) within or using the Services under the User's account, including cases of voluntary transfer by the User of data to access the User's account to third parties on any terms (including under contracts or agreements) ... At the same time, all actions within or using the Services under the User's account are considered to have been performed by the User himself, except for cases when the User has notified Inseils about unauthorized access to the Services using the User's account and / or about any violation (suspicions of violation) of the confidentiality of his account access means.

2.12 The User is obliged to immediately notify Insails about any case of unauthorized (not authorized by the User) access to the Services using the User's account and / or about any violation (suspicion of violation) of the confidentiality of his account access means. For security reasons, the User is obliged to independently carry out a safe shutdown under his account at the end of each session of work with the Services. Insales is not responsible for possible loss or damage to data, as well as other consequences of any nature that may occur due to violation by the User of the provisions of this part of the Agreement.

3.Responsibility of the Parties

3.1. A Party that has violated the obligations stipulated by the Agreement regarding the protection of confidential information transferred under the Agreement is obliged to compensate, at the request of the affected Party, for real damage caused by such a violation of the terms of the Agreement in accordance with the current legislation of the Russian Federation.

3.2. Compensation for damage does not terminate the obligations of the offending Party to properly fulfill its obligations under the Agreement.

4.Other provisions

4.1. All notifications, inquiries, requirements and other correspondence under this Agreement, including those that include confidential information, must be made out in writing and delivered in person or through a courier, or sent by e-mail addresses specified in the license agreement for computer programs dated 01.12.2016, the agreement of accession to the license agreement for computer programs and in this Agreement or other addresses that may be further indicated by the Party in writing.

4.2 If one or more provisions (conditions) of this Agreement are or become invalid, then this cannot serve as a reason for the termination of other provisions (conditions).

4.3 The law of the Russian Federation shall apply to this Agreement and the relationship between the User and Insales arising in connection with the application of the Agreement.

4.3. All suggestions or questions regarding this Agreement, the User has the right to send to the Inseils User Support Service or to the postal address: 107078, Moscow, st. Novoryazanskaya, 18, p. 11-12 Business Center "Stendhal" LLC "Inseils Rus".

Date of publication: 01.12.2016

Full name in Russian:

Limited Liability Company "Insales Rus"

Abbreviated name in Russian:

LLC "Insales Rus"

Name in English:

InSales Rus Limited Liability Company (InSales Rus LLC)

Legal address:

125319, Moscow, st. Academician Ilyushin, 4, building 1, office 11

Mailing address:

107078, Moscow, st. Novoryazanskaya, 18, p. 11-12, BC "Stendhal"

INN: 7714843760 Checkpoint: 771401001

Bank details: