Check yourself in the new Rostrud check lists. The timing of inspections by the labor inspectorate wants to be clarified. The procedure for conducting inspections

All checks that may occur in the life of an organization are regulated by the Federal Law “On the Protection of the Rights of Legal Entities and Individual Entrepreneurs in the Exercise of State Control (Supervision) and Municipal Control.” The federal law has changed the provisions that relate to the procedure for conducting inspections of the State Tax Inspectorate.

The most significant can be considered the transition to a risk-based approach, when the regularity of scheduled inspections will depend on the risk category assigned to the company. A total of five categories have been identified; the frequency of inspections ranges from once every two years for the high-risk category, to once every six years for those classified as moderate risk. Organizations that are lucky enough to fall into the low-risk category will not be audited.

The second important innovation is the limitation of the list of documents by which the inspector has the right to check the employer. The list of legal acts containing mandatory requirements, compliance with which is assessed during federal state supervision of compliance with labor legislation and other regulatory legal acts containing labor law norms, was approved by Rostrud Order No. 538 dated December 30, 2016. The list is posted on the Rostrud website. It is quite voluminous, there are a lot of documents. Nevertheless, this innovation is more of a plus than a minus: if the inspector begins to demand something that goes beyond the scope of the listed documents, the head of the organization can protest this requirement. In addition, the presence of such a list allows the personnel officer to check himself and prepare for the audit in advance.

And the third change approved by the Law is checklists. Checklists (checklists) for the implementation of federal state supervision over compliance with labor legislation and other regulatory legal acts containing labor law norms are approved by Order of the Federal Service for Labor and Employment of November 10, 2017 No. 655. The State Labor Inspectorate, in an effort to reduce labor costs , has developed an online questionnaire that allows you to identify violators at the initial stage. The service officially launched on January 1, 2018, and now you can test yourself.

In general, when interacting with the State Tax Inspectorate, an employer should rely on several basic documents:

Federal regulations

By-laws

Russian Federation Russian Federation on administrative offenses Federal Law (as amended by Federal Law dated July 3, 2016 No. 277-FZ) “On the protection of the rights of legal entities and individual entrepreneurs in the exercise of state control (supervision) and municipal control”

Decree of the Government of the Russian Federation “On approval of the Regulations on federal state supervision of compliance with labor legislation and other regulatory legal acts containing labor law norms” (as amended on February 16, 2017 No. 197) Decree of the Government of the Russian Federation “On approval of general requirements for the development and approval of checklists (checklists)” Order of the Ministry of Labor and Social Protection of the Russian Federation “On approval of the Administrative Regulations for the execution by the Federal Service for Labor and Employment of the state function of exercising federal state supervision over compliance with labor legislation and other regulatory legal acts containing labor law norms”

Is everything going according to plan, or what kind of test awaits you?

Depending on the goals, the state labor inspectorate conducts scheduled and unscheduled inspections.

The schedule of scheduled inspections is approved on the eve of the New Year jointly by the prosecutor’s office and the State Inspectorate. The schedule is posted on the departments’ websites and can be viewed at any time. The State Inspectorate is obliged to additionally notify the employer of its visit three days in advance. Previously, notifications were sent by regular mail, but now they are most often sent by email.

The employer must learn about an unscheduled inspection visit no later than 24 hours in advance. In some cases, the Labor Code of the Russian Federation allows not to coordinate the departure of inspectors with the prosecutor's office and not to warn the organization being inspected (Article of the Labor Code of the Russian Federation). This applies to inspections initiated based on employee complaints, for example, non-payment or incomplete payment of wages. This assumption is an echo of the Federal Law, which tightened penalties for violations in the field of wages.

The State Duma is currently considering a draft of another law, which will give the right to unscheduled inspections on issues related to the execution of employment contracts when civil contracts have been concluded instead of labor contracts.

Types of unscheduled inspections:

1. Documentary checks are most often carried out based on an employee’s complaint. GIT does not go to the site, but requests certain documents, the organization provides them in the form of certified copies.

Important! The inspector does not have the right to request documents that he can obtain independently through other state or municipal control bodies.

1. On-site inspections are carried out in cases where it is impossible to verify compliance with labor law only through documents, for example, to assess the real condition of the territory, buildings, equipment, and the presence of personal protective equipment.
2. Comprehensive inspections are the worst for HR officers, because the State Inspectorate inspects everything: compliance with labor laws, local regulations, personnel documentation and labor protection measures.
3. Targeted checks. The reason for them is complaints from workers about violations of their labor rights. It’s easy to leave a request now: the Onlineinspektsiya.rf portal provides an online form through which you can report the problem directly. A targeted inspection is carried out strictly within the scope of the complaint; the inspector cannot request information on other issues.
4. Thematic checks. The reason for such a visit is also a complaint from an employee, but there are differences. If the author of the appeal does not want the employer to know his name, he has the right to indicate this (Article of the Labor Code of the Russian Federation). In this case, the GIT inspector checks the facts of violation of labor legislation not for a specific person, but examines the problem area as a whole for the organization or division.

Let's remember our responsibilities, don't forget our rights

When arriving at the employer’s office, the inspector must present an identification card and an order indicating the basis for the inspection.

What can an inspector study? We will tell you more about the objects of inspections and the most common violations in the following material. Here we will only list the main objects that may be of interest to the inspector. These are local regulations (Internal labor regulations, labor safety instructions, Regulations on the protection of personal data, etc.), personnel documents (personal files, work books, orders, etc.), accounting documents that relate to payments and deductions from wages employee pay, as well as documentation related to a special assessment of working conditions.

Important! The inspector has the right to demand only documents related to the subject of the inspection, for example, on the issues specified in the employee’s complaint.

The employer must provide the inspector with all requested documents and not interfere with their examination. Responsibilities of the employer during inspection (Federal Law of December 26, 2008 No. 294-FZ):

• organizations are obliged to ensure the presence of managers, other officials or authorized representatives of legal entities; individual entrepreneurs are required to be present in person or ensure the presence of authorized representatives;
• organizations (their managers, other officials or authorized representatives), individual entrepreneurs (their authorized representatives) who violated the Federal Law, unreasonably interfered with or evaded inspections, did not comply with the instructions of state control (supervision) bodies within the prescribed period, are liable in in accordance with the legislation of the Russian Federation.

A visit by representatives of state control is an unpleasant event, and employers often forget that they also have rights (Federal Law No. 294-FZ of December 26, 2008):

• be present during the inspection;
• give explanations on inspection issues;
• receive inspection information from the state control body;
• get acquainted with the results of the inspection;
• indicate in the inspection report your agreement or disagreement with the results of the inspection - this must be done immediately after the inspection is completed;
• appeal against the actions (inaction) of officials of control bodies that resulted in a violation of the rights of the employer - you can complain to a superior inspector or in court;
• demand compensation for damage caused during the inspection.

Based on the results of the inspection, the head of the organization will receive on receipt:

1. Checking act. This document is not subject to appeal, however, in case of disagreement, the employer can raise its objections within 15 days.
2. Protocol on administrative violation. It also cannot be appealed, but errors in its preparation will allow the employer to cancel the decision to impose an administrative penalty. If the head of the organization does not agree with the violations indicated in the protocol, he has the right to give explanations and comments in order to subsequently appeal the decision to impose an administrative penalty.
3. Order to eliminate violations. For each point of the order there must be links to specific articles and paragraphs of regulatory legal acts whose requirements have been violated. Subject to mandatory execution. The order can be appealed within 15 days to a higher official of the State Tax Inspectorate or within 10 days in court.
4. Resolution on imposing an administrative penalty. It is compiled by the state labor inspector based on the protocol compiled and other materials of the case. Term - no later than 1 year from the moment when the offense was discovered (for ongoing offenses) or committed.

Do not forget that sometimes the State Labor Inspectorate goes beyond its competence and begins to check third-party problems: issues that constitute the content of labor disputes (for example, about bringing an employee to disciplinary liability), issues of discrimination, compensation for moral damage, etc. This means that employers there is a right to challenge decisions of the State Tax Inspectorate. And today in judicial practice there are many cases when courts cancel the results of an inspection because inspectors exceeded their powers.

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

1. The entire verification process consists of several stages:. 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.
2. 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:

1. 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.
2. 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;
• Deadlines for eliminating violations. If a repeat inspection shows that the violations have not been eliminated, the company faces administrative liability.

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:

1. Check the employer at any time of the day. However, a prerequisite is the presence of a certificate and an order;
2. Receive papers and data for verification, both from the employers themselves and from federal or territorial authorities;
3. Take samples of substances for analysis. Only if the corresponding act is drawn up;
4. Investigate accidents that may have been caused by violations of labor safety standards;
5. Submit instructions to eliminate violations. Even the removal of certain persons from work. The employer has no right to refuse to fulfill them;
6. In extreme cases, submit a demand to the court to terminate the company’s activities;
7. 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:

1. Request information and samples that are not related to the object of inspection;
2. 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:

1. 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.

1. 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 of the Labor Code of the 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:

1. Employment contracts, personal cards of employees and other data about them;
2. Work books of employees at the enterprise and their accounting log;
3. Work schedule and time sheet for hours worked;
4. Sick leave certificates, documents on medical examinations of employees;
5. Vacation schedule, as well as other documents related to it (employee statements);
6. Calculation sheets;
7. Accounting statements, individual employee accounts and other information about employee payments;
8. Company charter and internal regulations;
9. Registration of work with citizens of other states and beneficiaries;
10. Regulations on wages, bonuses, and personal data of employees;
11. 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 pay slip (payment via bank transfer is no exception) - they do not have to be issued against signature, but employees should be aware of their right to know the 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 activities or a fine.

Depending on the violation, a fine may be imposed on the company itself, its director, 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
Evasion of concluding an employment contract with an employee or its incorrect execution	10,000 - 20,000 rubles		5,000 - 10,000 rubles	50,000 - 100,000 rubles
Repeated evasion of concluding an employment contract, deliberately incorrect execution of it, or re-admission to work of an employee who does not have the right to do so	Disqualification for up to three years		30,000 - 40,000 rubles	100,000 - 200,000 rubles
Violation of labor protection requirements	2,000 - 5,000 rubles			50,000 - 80,000 rubles
Repeated violation of labor protection	30,000 - 40,000 rubles or disqualification 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:

1. 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;
2. 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:

1. Date and place of its compilation;
2. Full name, position of compiler;
3. Reason for initiating an administrative case;
4. Testimony of witnesses and other possible evidence of the offense;
5. The corresponding article of the Code of the Russian Federation on administrative offenses;
6. 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, and 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 offense. 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.

Probably, every employer has had to go through such an unpleasant event as an inspection, and those who do not yet know all the nuances will sooner or later have to endure this. To help managers and HR specialists - a consultation-memo from Alexander Yuzhalin, consultant of the Labor Law Department of IPK Group.

Inspections by state control bodies can be initiated for various reasons, but the requirements and regulations are always the same, and they are established by the legislation of the Russian Federation.

Accordingly, the result of the inspection largely depends on how aware the employer is of his rights and how well he has information about the rules that the authorized inspection body is obliged to comply with.

In this article we will look at the procedure for passing an inspection by the State Labor Inspectorate of the Russian Federation (hereinafter referred to as the State Labor Inspectorate). To begin with, let’s define the key requirements that the law imposes on the procedure for checking organizations and individual entrepreneurs by state supervisory authorities.

Issues related to labor inspection inspections are regulated by two main legal acts:

• Federal Law of December 26, 2008 N 294-FZ “On the protection of the rights of legal entities and individual entrepreneurs in the exercise of state control (supervision) and municipal control”;
• Order of the Ministry of Labor of Russia dated October 30, 2012 N 354n “On approval of the Administrative Regulations for the execution by the Federal Service for Labor and Employment of the state function of exercising federal state supervision over compliance with labor legislation and other regulatory legal acts containing labor law norms.”

As is known, the legislation distinguishes two types of inspections: scheduled and unscheduled.

Scheduled inspection

Such an inspection is carried out without fail by state supervisory authorities (including State Tax Inspectorate) at certain intervals. Its purpose is to identify violations of certain legal requirements by a legal entity. In this case, non-compliance with labor law standards.

A scheduled inspection can be either on-site or documentary. During a documentary check, an organization or individual entrepreneur must send the necessary package of documents to the inspection body according to the relevant order. As a rule, a government agency is limited to a documentary check.

However, the law identifies cases when an on-site inspection can be initiated. Thus, according to Article 12 of Federal Law N 294-FZ, an on-site scheduled inspection is carried out in cases where during a documentary inspection it is not possible:

• verify the completeness and accuracy of the information contained in the notification of the commencement of certain types of business activities and other documents of the legal entity (individual entrepreneur);
• assess the compliance of the activities of a legal entity (individual entrepreneur) with the mandatory requirements of the law without on-site confirmation.

Unlike a documentary inspection, an on-site inspection - both scheduled and unscheduled - is carried out at the location of the legal entity (IP) and/or at the place of their actual activities.

You can find out whether your organization will be inspected this year on the official website of the Prosecutor General's Office of the Russian Federation. The annual consolidated plan of scheduled inspections is approved by the Prosecutor General's Office and published in the public domain by December 31 of the current calendar year. To find your company in the unified register, just enter the TIN, OGRN or name (surname of individual entrepreneur) in the search form.

Is it possible to escape supervision?

It must be remembered that scheduled inspections are carried out no more than once every three years (with the exception of certain cases - for example, inspections in the healthcare sector).

However, few employers know: even if the organization is included in the annual control plan, mandatory inspection can be avoided. This benefit is established by Article 26.1 of Federal Law No. 294-FZ. From January 1, 2016 to December 31, 2018, scheduled inspections are not carried out in relation to legal entities (IP) classified as small businesses in accordance with the provisions of Article 4 of the Federal Law of July 24, 2007 N 209-FZ “On the Development of Small and Medium-Sized Businesses” entrepreneurship in the Russian Federation".

The only exceptions are special cases. For example, if a resolution on administrative punishment for a gross violation was previously issued against the company and entered into legal force.

In other cases, having found themselves in the unified register of the Prosecutor General's Office, small or medium-sized businesses have the right to submit an application to the supervisory authority with a justified request to exclude the company from the inspection plan.

Unscheduled inspections

With regard to unscheduled inspections, things are completely different. A legitimate reason for an unscheduled inspection of the State Labor Inspectorate can be almost any identified facts of non-compliance by employers with the provisions of labor legislation and other regulations containing labor law norms, including violations of labor protection requirements that entail a threat of harm to the life and health of workers.

The Labor Inspectorate takes into account:

• information from government authorities;
• data from the media;
• appeals and applications from citizens, including individual entrepreneurs and legal entities;
• an employee’s appeal or statement about the employer’s violation of his labor rights;
• requests from employees to check labor conditions and safety at their workplace.

In addition, the following are considered justification:

• orders (instructions) of the head (deputy head) of the Federal Labor Inspectorate to conduct an unscheduled inspection, issued in accordance with the instructions of the President of the Russian Federation or the Government of the Russian Federation;
• demands of the prosecutor to conduct an unscheduled inspection as part of supervision over the implementation of legislative norms based on materials and appeals received by the prosecutor's office.

As practice confirms, one of the most common reasons for a sudden visit by labor inspectors is a complaint from an employee about a violation of his labor rights. That is, any statement by an employee who believes that his rights have been violated, filed in accordance with the requirements of labor legislation, is recognized as the basis for an unscheduled inspection of the employer.

It must be taken into account that anonymous statements and appeals from citizens cannot serve as a basis for an unscheduled inspection.

The powers of inspectors are not unlimited

It is important to know about the restrictions and requirements that the law establishes for the supervisory authority when conducting all types of inspections - both scheduled and unscheduled.

Limitations on the duration of events. Any verification cannot last more than 20 working days. Within one year, the total period of scheduled on-site inspections in relation to one small business entity cannot exceed 50 hours for a small enterprise and 15 hours for a micro-enterprise.

Limitations on the period of notification of the start of an inspection. The municipal control body must notify a legal entity or individual entrepreneur about the upcoming scheduled inspection no later than 3 working days before it starts. A copy of the manager's order or order is sent by registered mail with mandatory return receipt or by any other available method. About the event unscheduled on-site inspection supervisory authorities are required to notify at least 24 hours before the start of the event; notification is given by any available means.

The inspection inspector will certainly request documents for analysis, the results of which will draw a conclusion whether the employer violates any provisions of the law. When requesting certain documents, you need to make sure whether they are relevant to the subject of the audit. A closed list of documents that inspectors have the right to request from an employer is not established by law.

What do they check first?

In practice, you can identify the main documents that are most likely to be requested by the inspector. First of all, these include:

• employment contracts and agreements thereto;
• work books;
• staffing;
• vacation schedules;
• personal cards of employees;
• a book of accounting for the movement of work books and inserts for them;
• receipt and expenditure book for accounting of forms of work books and inserts for them;
• time sheets;
• local regulations (primarily - Internal Labor Regulations, local act on remuneration);
• orders for core activities and personnel.

But, as noted earlier, this list of documents is open. This means that the inspector has the right to demand another document related to the subject of the inspection. However, to minimize risks, the first step is to bring the above-mentioned personnel documents into compliance with the requirements of current legislation.

What to do during an inspection

So, let's return directly to the verification procedure itself. The employer is recommended:

1) demand the presentation of official identification of officials who arrived with the inspection, and make sure that these specialists have the right to act on behalf of the state labor inspectorate;

2) receive a stamped copy of the order (order) of the head (deputy) of the state control (supervision) body to conduct an inspection*.

*We would like to remind you that the order (order) of the head of the inspecting state supervisory body is the basis for conducting an inspection.

When presenting a copy of this document, the employer should carefully read its contents. In particular, it is important to study:

• legal basis for the inspection itself;
• list of direct participants of the inspection team;
• the period during which the inspection is carried out;
• documents that will be analyzed during the verification process.

It should be remembered that an inspection initiated for the purpose of performing a state function cannot be carried out, and one already begun must be terminated if it is established:

• there are no grounds for conducting an inspection;
• the subject of the inspection does not comply with the powers of Rostrud and its territorial bodies.

3) be directly present during the inspection, give explanations on issues related to its subject;

4) get acquainted with the results and confirm your awareness in the inspection report: in particular, express agreement or disagreement with the inspector’s conclusions and individual actions of officials of the state control body;

5) appeal the actions (inaction) of officials of the state control (supervision) body in administrative and/or judicial proceedings in accordance with the legislation of the Russian Federation;

6) involve the Commissioner under the President of the Russian Federation for the protection of the rights of entrepreneurs or the Commissioner for the protection of the rights of entrepreneurs in a constituent entity of the Russian Federation to participate in the inspection.

Check ends: what is important to remember?

You should approach the issue of paperwork at the end of the inspection no less carefully.

Based on the results of the inspection by officials of the state control (supervision) body, an act is drawn up in the prescribed form in two copies.

The act specifies:

1) date, time and place of its preparation;

2) name of the state control (supervision) body or municipal control body;

3) date and number of the order or order of the head, deputy head of the state control (supervision) body, municipal control body;

4) last names, first names, patronymics and positions of the specialists who conducted the inspection;

5) the name of the legal entity being inspected or the last name, first name and patronymic of an individual entrepreneur, as well as the last name, first name, patronymic and position of the manager, other official or authorized representative of the legal entity;

6) date, time, duration and place of the inspection;

7) information about the results of the inspection, including any violations of mandatory requirements identified;

8) information about familiarization or refusal to familiarize with the inspection report of the head, other official or authorized representative of the legal entity, the presence of their signatures or refusal to sign;

9) information about making an entry in the audit log about the inspection performed or about the impossibility of making such an entry due to the absence of the specified log at the legal entity or individual entrepreneur;

9) signatures of the official or officials who conducted the inspection.

Of course, when monitoring the preparation of the final act, it is extremely important to show utmost responsibility, and if any comments or objections arise, be sure to make a note.

Where labor inspectors stumble

Inspection bodies most often make the following mistakes:

• there are no grounds for conducting an inspection;
• the start or end dates of the inspection are violated;
• notification of the start of the inspection is not received within the prescribed period;
• the inspection begins without a directive or order from the head of the regulatory body;
• documents are requested that are not related to the subject of the inspection;
• the inspection report is not provided for review;
• a scheduled inspection of a legal entity (IP) not included in the annual plan is initiated.

Any of the above errors by the inspector will be grounds for invalidating the inspection results.

So, taking into account judicial and inspection practice, we can draw an unambiguous conclusion. The result of each inspection depends to a very large extent on the competent approach of the inspection body and the correct execution of all necessary documents. By and large, this result is expressed in whether the employer will be held administratively liable or not.

Accordingly, knowledge of your rights, careful monitoring of the actions of officials, and correct execution of documents greatly increases the employer’s chances of emerging victorious at the end of the inspection. After all, any deviation of the inspection body from the letter of the law can play a key role in the issue of bringing to administrative liability - especially considering that recently the state labor inspectorate has held employers accountable for each individual case of violation of labor legislation. Thus, the opportunity to appeal the actions of an inspector who himself does not comply with the requirements of the law can help save hundreds of thousands of rubles.

Alexander Yuzhalin, consultant of the Department of Labor Law "IPKGroup", labor law specialist

When a labor inspector comes to work, it does not cause any delight in the employer. As a rule, such a test does not end well. In this article, Evgeniy Poluboyarov, HR audit expert, co-founder of the Kadrium company, explains in detail how GIT audits are carried out today

Risk-based approach

Employers who do not have any arrears in paying salaries to employees who have not had any accidents at work, as well as those whose documents are in perfect order, can breathe easy. However, this is all in theory.

Now let's talk a little about practice. Employers were divided into five risk categories. Each type has its own timing for scheduled inspections:

• High risk. Inspections take place once every 2 years;
• Significant risk. Inspections take place once every 3 years;
• Medium risk. Inspections take place once every 5 years or less frequently;
• Moderate risk. Inspections take place once every 6 years or less often;
• Low risk. There are no scheduled checks.

In order for a company to be classified as high risk, the decision must be made by the chief state inspector of the Russian Federation. To assign a lower risk, a decision by the regional head of the GIT is sufficient.

If you are not satisfied with the category that has been assigned to your company, you have the right to submit a request to the inspectorate corresponding to the risk group assigned to justify the assignment of this risk category. After reviewing this request, you will be able to reduce the risk category if it is not true.

It is worth noting that the inspection plan for the next year automatically includes companies that this year have a confirmed complaint that employees do not receive wages or accidents have occurred on the company’s premises.

Scheduled checks

The inspector must inform the head of the company about the future inspection no later than three days before its start. In most cases, such inspections are carried out on-site. During the inspection, the head of the organization or a designated person must show the inspector all the documents he requests. Access to all company buildings, equipment, transport, etc. must also be provided. The inspector cannot carry out an inspection if the head of the company or his authorized representative is absent. If the employer refuses to comply with the inspector's requirements, he may receive a large fine.

There are maximum deadlines for conducting inspections:

1. For micro-enterprises, the duration is no more than 15 hours;
2. For small enterprises, the duration is no more than 60 hours;
3. For employers who do not fall under the criteria of a small business, up to 20 days. If there are branches in other areas, the maximum period increases to 60 working days. If lengthy investigations need to be carried out, the time frame can be doubled.

Unscheduled inspections

The employer must be notified of this type of inspection at least 24 hours before it begins. There are situations when the Labor Code of the Russian Federation allows not to coordinate the inspector’s visit with the prosecutor’s office, and, therefore, not to report it to the company that came under inspection. In most cases, this applies to situations where complaints are received from company employees regarding full or partial non-payment of wages.

There are several types of unscheduled inspections:

Targeted documentary checks. This type is in most cases initiated if complaints are received from company employees. In this case, the inspector does not go to the site, but requests certain documents. It is worth noting that the inspector is obliged to conduct an inspection strictly based on received complaints. He cannot demand information on other matters. When filing a complaint, a company employee can specify that his personal data not be disclosed. If this has been indicated, then the inspector will not check the violation for a specific person, but will investigate the problem as a whole for the company.

On-site inspections. This type of check is carried out if it is not possible to check whether there is a violation, the study takes place only based on documents.

Comprehensive checks. This is a real nightmare for a personnel officer. In this case, the inspector checks absolutely everything, from personal data to labor protection.

Using checklists

On July 1, 2018, the law came into force that the checklists are now applicable to all employers. At the moment, 107 checklist forms have been officially approved. These sheets check that all conditions are met. This applies to hiring, salary payments and many other important issues. The checklist also contains the risk category that the company falls under, the reason for this inspection, as well as information about the head of the company and the inspector. The following must be indicated: the place where the inspection is carried out, the inspection registration number, as well as the date when the registration number was assigned.

Checklists can be used by companies to independently check their condition, as well as to prepare for the upcoming visit of the inspector. In this way, you can minimize or completely eliminate all shortcomings, while avoiding unnecessary fines.

Greetings, friends! A long time ago I planned to write a “sharp” note about the State Labor Inspectorate in St. Petersburg, which, it seems to me, carries out an unlimited policy in relation to the real sector of the economy, i.e. to organizations and individual entrepreneurs. For some reason, I think that there will be people who want to contribute their 2 cents to this topic, because you can comment incognito 😉

What’s wrong with the St. Petersburg GIT, non-locals will ask? Let's think about it, and then look at fragments of real protocols on administrative punishment issued by the State Tax Inspectorate of St. Petersburg.

From my personal example, I have been convinced more than once, and continue to be convinced, that even at the level of a small team it is very difficult, if not completely impossible, to exclude manifestations of obvious sabotage in relation to the business. In any organization there is such an employee or even a group of employees who, in the recesses of their thoughts, firmly believe that the entire organization rests on their remarkable intelligence and abilities, and, therefore, they, the employees, always do the right thing, regardless of reality. The manager tells one of these employees that he needs to do this, stick to this, etc., to which the employee responds positively, with understanding, but in the end he does it for some reason in his own way, with consequences. And here the question arises: if sabotage occurs at the micro level, then what is happening at the macro level, on the scale of the entire country and its constituent regions? Let's try to be bold and make assumptions in the context of the topic of this note.

Can the authorities of St. Petersburg, represented by the GIT, pursue a policy different from the central government? Personally, I assume that is what they are currently doing. Why do they need this? For example, they may act from the motive of moving the capital to them, i.e. to become the center of All Rus', as it was before the revolution, and in general, they are the most cultural of all unwashed Russia. Dreaming, as they say, is not harmful. They dream in Novosibirsk, and in Yekaterinburg and somewhere else, probably. Yekaterinburg, by the way, is so alien to Russia that in the difficult 90s they even managed to introduce their own currency (within one plant, like a pilot project). In this matter, it is not so important what kind of motives are driving this or that subject, the main thing is that such a movement is permissible and takes place.

How does the St. Petersburg GIT discredit the current government? What do you think, what does he think, and most importantly, in relation to whom does the entrepreneur subsequently think, who first hears from the head of state that the policy to reduce the administrative burden on business is in action, and in fact, some Gavrila Mikhalych comes to him, the entrepreneur ( before that, working, say, as an investigator or a realtor or someone else) from the State Information Inspectorate, and writes a “footcloth” of violations of about ten pages, which, among other things, includes violations of regulatory and technical documents on fire safety? Of course, there is a big fine there. If you don't believe me, we'll show you. So who will the entrepreneur subsequently blame for this administrative blow below the belt? Hint: the first two letters of the last name are Pu. In a sense, he will be right, but at the same time, we must not forget that we are all people, not superhumans, and Pu is no exception, he just has the largest “organization” in Russia.

I once published a note in which I cited the State Labor Inspectorate compiled by Rostrud for its children - GIT, within the framework of which labor safety inspections should be carried out. Of course, it does not contain a single GOST on labor protection, because these are not regulatory legal acts. But the St. Petersburg GIT, anointed by someone from above, still writes in the regulations violations of these notorious GOSTs, they don’t care. If a few words about GOSTs, which are identified with labor safety standards under Article 211 of the Labor Code of the Russian Federation, then I personally know only one such labor safety standard, this is the labor safety standard “Providing workers with flushing and/or neutralizing agents”, approved by order of the Ministry of Health and Social Development of Russia dated 17.12 .2010 No. 1122n. In addition, the regulations issued by the State Technical Inspectorate of St. Petersburg are not the same only in GOSTs; there are also SNiPs and SPs, which are also not in the list of regulatory legal acts from Rostrud. Anyway.

In conclusion to the above, let's look at fragments of decisions on the imposition of administrative penalties, which especially clearly reflect the cynicism of the cultural State Inspectorate of St. Petersburg.

Go...

Especially paragraph 21, in which the GIT inspector refers to POT RM-007-98. Intersectoral rules on labor protection during loading and unloading operations and placement of cargo, which became invalid back in July 2015, and were checked in the spring of 2017:

Question: How do I comply with the regulations?

And finally, the end of the list of documents requested by GIT St. Petersburg:

How do you like this reduction in administrative burden on business? Check that your heating units are hung correctly on the walls, that you have the correct work chairs, etc...

This was the state of affairs before the checklists came into force, to which nothing can be added or taken away. As I understand it, these checklists were based on the same list of regulatory legal acts on labor protection that Rostrud developed for territorial GIT. We can only hope that the checklists and automated workstation of the GIT inspector will deprive inspectors of the opportunity to engage in verbiage, arbitrariness, and lawlessness. On the other hand, it is a good reason to gain experience in solving such cases in court. After all, as you know, there are 9 points of view on labor protection!

If anyone is sick or boiling, you are welcome to comment 😉

P.S. For dessert, a screenshot from the VKontakte page of the head of the GIT department of one of the regions (we’ll feel sorry for the person, we won’t say which region).

P.S.S. I don’t think at all that all representatives of the GIT, no matter what region, are bad, there are people everywhere, even where it would seem that decency and common sense did not run through.

That's all I have. If you liked the review of the St. Petersburg GIT, then we’ll put rating stars a little lower. Thank you for participating!

To be continued...