Features and plan of inspections of the labor inspectorate. What does the labor inspectorate check and what fines threaten the employer What does the labor inspectorate check in

The company's activities must comply with legal requirements. The Labor Inspectorate monitors employers' compliance with the requirements labor legislation... When checking an organization, a regulated sequence of actions is performed. What the labor inspectorate checks is described in the article.

Verification assumes that any labor law norm falls under it. The inspector has the authority to require him to provide the following acts:

In addition, it is required to check the regulation regarding the calculation of earnings, the personal data of each employee. It is necessary to documentarily prove that all employees have read the specified documents. The exact list of acts that must be checked depends on what basis is used to carry out the check.

You need to understand how the management of the organization can prepare for verification activities. Most often, there are violations associated with the application of sanctions to the employer in the form of fines. The reason is the lack of the necessary documentation.

Acts of local appointment should be developed in each company. This applies even to the smallest company. For example, these are the internal labor regulations or a regulation where the personal data of each employee is spelled out.

In addition, there is an obligation to issue a payment slip, and the situation when the settlement is made in a non-cash form is not an exception. These acts may not be issued against signature, but the employee has the right to know about the charges. To insure itself, the management of the company, as a rule, forms a journal where the calculations are recorded.

The management of the organization is responsible for keeping labor documents, including books. Employers often make mistakes in the formation of the documentation of the base value.

For example, when the agreement does not specify the rate used for remuneration, the employee's signature is not affixed to the documentation. In addition, the vacation schedule can be signed after a couple of weeks before the start of the vacation.

Also, the management of the organization must make sure that all provisions of labor legislation are observed. It is important to carry out activities such as certification, organization of safety at the place of work. Depending on where the citizen works, sometimes it is required to comply with specific conditions, use protective masks, gloves. Also, errors include:

dividing the rest time into small parts, with none of them being more than a couple of weeks;
earnings less than the minimum wage are charged;
the amount of wages is not fixed in rubles;
funds are issued less than once every couple of weeks.

In addition, foreigners may be hired on the basis of a fixed-term employment agreement until the work permit expires. In order for the director not to be held accountable, he needs to draw up an open-ended employment agreement.

Grounds for verification

The Inspectorate is empowered to carry out verification activities. This applies to such situations:

that the company's management violated the provisions of labor laws;
when a complaint is written that the rights of workers have been violated, for example, there is an incorrect calculation of wages, benefits are not paid or overtime work is not paid.

Also, violations may be associated with the fact that the company's management refuses to draw up an agreement, not correct design an employment contract, which is expressed in violation of the employee's powers. In this act, the actual conditions labor activity may not comply with the provisions of the Labor Code of the Russian Federation.

Local internal documents

This type of documentation is presented in the form of a collective agreement, rules in force within a particular company. It is also a provision according to which payment for work activities, bonuses, provisions related to commercial secrets, protection of personal data are made.

The specified documentation must fully comply with the requirements of the law, there must be no provisions that would worsen the employee's position when compared with what is prescribed in the law.

The listed papers need to be compared with labor agreements, often they contain different labor regimes... At the same time with the employment agreement, a staff-type schedule and a regulation are formed according to which salaries and bonuses are paid.

Checking the vacation schedule

In this case, the workers labor inspection must ensure that all persons employed by the company have recently taken holidays. At the same time, the vacation assignment schedules have not been violated. Attention should be paid to how the vacation pay was calculated. If a citizen has not been paid a certain amount, it must be done immediately.

The management of the company should take into account that the vacation schedule must be approved no later than a couple of weeks before the end of the calendar year. It is also worth considering that the duration of the rest time should not be less than that prescribed in the legislation.

If the inspection staff found that the citizen was not on schedule, the company management is subject to appropriate sanctions.

Checking salary payments

Employees of the labor inspection check the issues related to the calculation and payment of wages. The legislation says that payments must be made at least a couple of times a month. The documentation that is applied internally to the company provides information on when and where funds are dispensed. In addition, an important point is that the amount of earnings is not less than the marginal value for the region.

In a situation where the company's management pays bonuses to employees or makes allowances, then it is required to conduct documenting such charges. Citizens who are laid off from the state must be paid specific amounts. They are defined by law.

Also, information related to labor protection is subject to verification. The company's management is responsible for creating a safe environment for a person to perform labor functions. This fact can be confirmed by using instructions or papers indicating the implementation of the relevant activities. The specified type of paper should be in the company, regardless of how many people work in it and how many people are employed.

The inspectors check the following conditions:

requirements related to the conduct of training and instruction for employees;
measures for the safe performance of the labor function;
the availability of security tools among citizens.

Management should periodically conduct. This is necessary in order to be able to legally accrue benefits and compensation-type payments to them. In addition, all employees must undergo examinations in medical-type organizations at a certain time.

When carrying out the activities under consideration, employees of the authorized body can not only check the papers, but also conduct inspections of the company's premises and interview employees.

Labor protection documents

The labor inspectorate, when conducting a verification event, may request documentation related to labor protection. Including:

Checking procedure

Several stages of the production of checks are envisaged:

Initially, the firm is notified that a check will take place. The labor inspectorate has a duty to inform the employer that an inspection will be carried out. At the same time, this must be done no later than three days before the check. This must be done using a notification that is sent against signature.
Acts are checked by the departure of the labor inspection staff. Often the beginning of the audit is associated with a request for documentation on the work in the company. Inspection staff must be in possession of a certificate stating that they have the right to conduct an inspection.
The inspector has the authority to request all documents related to the conduct of this event. The company is notified about an unscheduled check 24 hours in advance. During the audit, it is required to adhere to the established duration of events. It is spelled out below.
Based on the results of the work carried out, a couple of copies of the act are formed. Sometimes the document is formed directly at the enterprise, however, most often, the head of the company is summoned to the labor inspectorate.

When the members of the commission revealed the presence of violations, then the conclusion states:

the essence of the violation and the time of its commission;
a description of the current legislation;
the period intended for the elimination of the violation (if, after a second check, a violation remains, administrative liability is applied to the director).

The firm has the authority to file a complaint about the results of the audit.

The actions that can be performed by the members of the commission are reflected in the decree of the Government of the Russian Federation under No. 875. For example, verification activities can be carried out at any time of the day. In this case, you must definitely have a certificate with you. In addition, you can request the papers that are required to make a decision on the activities of the company.

Inspection period

The legislation describes the period during which the inspection staff carry out verification activities. It equals 20 days. It should be noted that there are some exceptions to this rule. They are classified as companies with a small number of staff. In this case, the inspection period is 50 hours. If it comes about a micro-enterprise, then the period is 15 hours.

It is important to take into account that these exceptions do not apply to the production of an unscheduled on-site inspection. For its production, regardless of the company, a total period of not more than 20 days is applied. Only working days are counted.

If the organization has branches, then the check production period is determined for each department separately. However, the total duration of the check cannot be more than 60 days. If necessary, you can extend the specified period of time, but not more than 20 days. For enterprises with a small number - no more than 15 hours.

The period of unscheduled and documentary inspections cannot be extended.

Penalties

When the labor inspectorate detects violations, the first order is issued to the company management. This act assumes that the director should eliminate the violations within the established timeframe, if this is not done, the company's activities will be suspended. In addition, penalties may apply. The measure can be applied both to the firm itself and to the management, individual entrepreneur.

If there is a violation of labor legislation, then the entrepreneur is liable within 1 - 5 thousand rubles, for companies the responsibility rises to 30 - 50 thousand. When a given violation is committed a second time, the penalties are increased. They are equal to 10-20 thousand rubles for an official, for individual entrepreneurs - 5-10 thousand. The company will have to pay from 50 to 100 thousand rubles.

If a person is allowed to work in the absence of such a right, for example, when he has not drawn up a medical book, then the employer is assigned a fine in the range of 10-20 thousand rubles. If a citizen denies this, then the sanction for him is 3-5 thousand.

If an employment agreement is not concluded with an employee, the individual entrepreneur pays 10,000 - 20,000 rubles, for the company the fine is 50 - 100 thousand. In case of violation of the rules relating to labor protection, the fine for an entrepreneur is from two to five thousand rubles, for a company - from 50 to 80 thousand. In case of repeated such violation, the amounts will increase. For individual entrepreneurs - 30-40 thousand rubles, for a company - from one hundred to two hundred thousand rubles.

For which the labor inspectorate is fined, says Yu. Zhizherina:

Form for accepting a question, write your

During a scheduled inspection, employees of the labor inspectorate are required to check the accuracy and timeliness of the implementation of labor legislation by employers. During the on-site inspection, state inspectors will analyze the activities of the controlled organization.

To check the legality of the actions taken by the employer and the decisions taken, civil servants will need to analyze the documents prepared for the labor inspection by the head of the company.
The Labor Inspectorate bases its activities on the following principles:

respect, observance and protection of civil rights;
independence and transparency of the audit;
the legality and objectivity of decisions made based on the results of the study of the employer.

During the preparation and implementation of control measures in 2018, officials of the labor inspectorate are aimed at performing such tasks as:

prevention and identification of the facts of deviation from labor standards or labor safety rules;
informing employers and workers about modern methods compliance with applicable regulations;
notification to authorized state bodies on the discovery of the facts of committing illegal acts (actions or inaction), abuse of the right or making decisions that do not comply with the instructions of labor legislation.

Documents required for verification

The legislator delegates to labor inspectors the rights to:

requesting from employers and free study of any documentation, information or explanations that are required for the most complete and comprehensive study of the controlled object;
seizure for analysis of samples of substances and materials that are processed or otherwise used by production workers;
sending official requests to the employer with a request to provide specific documents. Having received such a written request, the head must give the civil servants a copy of the required document, certified by the seal of the enterprise, as well as the personal signature of the head or an official of the organization authorized by him.

Labor law does not allow government inspectors to leave requests for documents or seize samples that are not related to the inspection being carried out. Also, employees of the labor inspection are not entitled to withdraw from the organization original copies of any documents.

What documents are checked by the labor inspectorate during a scheduled inspection

For a comprehensive study of the facility, authorized inspectors need to analyze:

constituent documents of the organization (charter or constituent agreement);
documents about individual entrepreneurs or information about the participants of a legal entity;
extract from the Unified State Register of Legal Entities;
local regulations approved by the company's management;
officially acting in the organization job descriptions, internal labor regulations, as well as staffing;
the content of individual and collective labor contracts concluded with employees and the head of the company;
an act on the procedure for processing personal data of employees;
regulations on the organization of work on labor protection, regulations on the labor protection service;
the vacation schedule approved by the head, required in accordance with Art. 123 of the Labor Code of the Russian Federation;
provisions on wages (Article 129 of the Labor Code of the Russian Federation) and the calculation of incentive payments (Article 135 of the Labor Code of the Russian Federation);
pay slip form and shift work schedule;
personal cards of employees, drawn up in accordance with applicable standards;
work books and a journal of the movement of work books;
working time log;
management scheme for production and economic activities;
a log of introductory and working briefing, programs for conducting briefings at the workplace, instructions on labor protection;
orders on the procedure for passing the internship, orders for admission to independent work;
acts of commissioning of buildings and structures, acts of acceptance of production mechanisms;
personal accounting cards for issuing funds individual protection, documents on the purchase of special clothing and footwear;
protocols of certification for labor protection, certificates of completion of training in the rules of labor safety;
documents on the passage of medical examinations.

What period is checked by the labor inspectorate during a scheduled inspection

According to legal instructions, a scheduled inspection of the employer, carried out by employees of the labor inspection, should occur no more than 1 time within 3 years.

What years does the labor inspectorate usually check?

Most often, information is checked for the last 3 years. The inspector requests an inspection log from the employer's representative. This document allows you to track the frequency of control activities. In the magazine, labor law enforcement agencies note:

the name of the control body;
start and end date of the inspection;
tasks and subject, legal basis for the organization of control activities;
list of revealed violations and issued instructions.

Inspection by the labor inspectorate of a small enterprise

The purpose of the inspection of small businesses is to find violations labor rights employees. If requested, the inspector acquaints the manager with the administrative regulations of the inspection. Then the officials carry out control measures and inform the head of the organization about the results of the check.

If the state inspector reveals deviations from the current law, he:

issues an order to a representative of a legal entity in order to eliminate the identified violations within a specific time frame, as well as to take measures to prevent injuries among employees;
monitors the execution of the issued instructions.

Employers are required to comply with labor laws. The state checks from time to time how this obligation is being fulfilled. In practice, if a company of any form of ownership has at least one person on its staff, the labor inspectorate will come there: planned, and sometimes unplanned.

What do labor inspection specialists check? The main purpose of inspections is to monitor compliance by entrepreneurs and officials with labor legislation. The procedure and standards for this control are regulated at the legislative level. In particular, articles from chapter 57 of the Labor Code are devoted to this.

Legislative acts that control the implementation of labor law norms:

Federal Law No. 294 of 26.12.2008 is aimed at protecting legal entities and individual entrepreneurs during inspections. It regulates the procedure for state supervision, sets the timing, and contains other important information for entrepreneurs.
Government Decree No. 875 of 01.09.2012 approves the Regulation on State Supervision in the Field of Labor Law.

Grounds for control

Supervision activities fall into two main categories: planned and unplanned... The first are of a preventive nature and depend only on the regulations established by law. The latter are aimed at identifying specific violations and depend on the actions of the employer or requests from individuals.

Scheduled visits of the GIT

The basis for scheduled inspections from the State Inspection Service is the statutory need for state supervision over the implementation of labor legislation. Control is carried out periodically, depending on the risk category that is assigned to the enterprise. This approach is stipulated by the Federal Law No. 294 and paragraphs 17-24 of the Regulation on labor supervision.

How often and for what period does the labor inspectorate regularly check:

Once every 2 years - companies from the high-risk category.
Once every 3 years - organizations that have been assigned a significant risk category.
Once every 5 years - companies with medium risk.
Once every 6 years - enterprises from the category with moderate risk.

Legal entities in the low-risk segment are not subject to scheduled inspections.

Unscheduled checks

The grounds for unscheduled inspections are described in article 360 of the Labor Code of the Russian Federation. Among them:

Contacting the State Inspectorate for Labor Complaints. For example, the reason may be a delay in wages or if its level is below the minimum wage, neglect of labor protection conditions, incorrect registration labor relations and etc.
The end of the period that was set by the previous check to correct the identified shortcomings.
Initiative of the Government, the President or the Prosecutor's Office. In this case, the head of the inspection issues an appropriate order.

What the GIT checks: the procedure

Schematically, the regulations for conducting supervisory activities can be reflected as follows:

Alert... A warning about a scheduled inspection must be received at the enterprise at least 3 days before the visit of the inspector. During this time, you have the right to request details of the upcoming inspection: which body is sending the commission, the regulations for the inspection of the labor inspection, for what period they check, in what order and what measures are provided. If the check is unscheduled, then the law does not oblige the GIT to notify. The inspection can start at the same moment when the inspector came to the company. But in practice, they are often notified a day in advance.

Verification of documents... Since 2018, the check has been taking place in the format of a questionnaire. The powers and rights of inspectors have not changed, but the regulations for their actions have become more structured: the results of control are entered into checklists formed by topic (for example, in the topic "Labor contract", the labor inspectorate checks the existence of contracts, the correctness of their drafting, the timeliness of signing).

The Institute of Professional Personnel Officer has recorded several videos about working with checklists. Watch the introduction and other videos.

We will talk in detail about what documents the labor inspectorate checks.

Drawing up an act with the results... Sometimes it is compiled at the enterprise, but most often you need to go to the GIT for it.

Drawing up a prescription... This point is carried out if there are violations. The document contains a description of the violation, I give its commission, a link to the legislative act, a deadline for elimination. At the end of the term, there will be another check.

What does the labor inspectorate check during a scheduled inspection

There is no fixed list of documents that mandatory requests an inspection. The list of acts that you are required to present at the request of the inspector includes:

Labor contracts.
Personal files and personal cards.
Labor books and registers of their accounting.
Time sheet.
Work schedule and vacation schedule.
Calculated sheets and accounting sheets.
PVTR and some other local acts.
Registers of familiarization with LNA, personnel and accounting documents.

What does the labor inspectorate check during an unscheduled inspection

Unscheduled inspections are thematic in nature. That is, the GIT receives a signal about a specific violation and conducts an investigation on this topic. For example, an employee complained that the employer did not pay on the last working day or did not give the work book.

If the check is thematic, the inspector is limited to the scope of the request. That is, in the above example, he has no right to check compliance with labor protection standards or request documents related to other employees.

A special case is what the labor inspectorate checks when an employee complains who wants his name to remain unknown to the employer. This right is given to workers by Article 358 of the Labor Code of the Russian Federation. In this situation, the inspector, in order to keep the applicant's incognito in front of the company, may request documents from several employees.

How to check the registration of a complaint with the labor inspectorate? The employer cannot do this: he only has access to the order presented by the inspector. But the applicant can track the status of his application through Personal Area on the website onlinespetskiya.rf.

What the labor inspectorate checks: the boundaries of authority

The scope of authority of inspectors depends on the type and subject matter of inspection. As already mentioned, there is no universal list of documents to be checked, but there are 3 main limitations.

What an inspector can't do: 3 restrictions

Check more than the questionnaires provide.
Require documents or information that is not relevant to the subject of the audit.
Seize originals of documents.

If there are violations, administrative responsibility can be applied not only to the manager, but also to the top-level executives. For example, the chief accountant. But ordinary employees cannot be held liable based on the results of the inspection from the State Inspectorate.

How to prepare: instructions

After examining legislative framework, the regulations for conducting inspections and what the GIT on labor protection checks, you will be better prepared for both scheduled and unscheduled inspections. For additional help, we will also provide a kind of TOP-list of "punctures" in terms of personnel affairs.

TOP list of employers' mistakes during verification

Not all employees have signed labor contracts (TD). If there is no employee's signature on the contract, it is also considered not concluded.
The required parameters are not specified in the TD. For example, working conditions or wages.
There are no mandatory LNAs. For example, the rules of the internal labor schedule. Or they are, but there is no evidence that employees are familiar with them before signing the TD.
The vacation schedule is too late (less than 14 days before the start of the calendar year).
Vacation of one or several employees is broken up incorrectly: all parts are less than 14 days.
Salaries are paid less frequently than every 15 days without the written consent of the employee. Watch our video on preparing for HR audits.

Checks are always an additional burden on the head of the enterprise, accounting and personnel department. The visit of the GIT inspectors is no exception. A course from the Institute of Professional Personnel Officer will help prepare, reduce stress and unwanted consequences. Watch a video on preparing for HR audits or

State audits of companies different forms 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 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).

Labor inspectorates (territorial divisions of Rostrud) conduct inspections of organizations Labor Code RF, Federal law No. 294 "On the protection of rights legal entities and individual entrepreneurs in the exercise of state and municipal control ”, Resolution of the Government of the Russian Federation No. 875, which enshrined the Regulation on supervision in the field of labor legislation and 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 management, financial and personnel services.

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

Reasons for conducting inspections

Checks carried out by state labor inspectors in organizations can be planned and unplanned(which, in turn, are subdivided into documentary and exit). 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 foundations, from those called by Law No. 294-FZ:

three years have passed since state registration employer;
a three-year period has passed since the completion of the last scheduled inspection;
the employer actually carries out his entrepreneurial activity within three years (from the 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 norms.

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

the employee's appeal to the labor inspectorate about the violation of his labor rights by the employer;
receipt of a request for an audit of working conditions at the workplace from an employee of 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 as ordered by the labor inspectorate;
the 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, on the instructions of 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 employee's application 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 in secret (be sure to mention this in a statement), 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 a warning about the start date of the inspection is not capable of affecting the quality of the inspection as a whole, then the labor inspector can warn the employer no later than a day before the inspectors arrive at the enterprise, which most often happens in practice.

If there is not a comprehensive, 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.

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

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, 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 audit actions of 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. The inspectors may be required to: pay slips, pay slips of employees, personal accounts of employees, cash desk, check books.

Frequent violations in this area of work there may be:

ignoring the notification of employees about wages using pay slips;
incorrect execution of payrolls;
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 of the organization, collective and employment contracts, work books and their inserts, documents on leave and payment of wages, local acts of the organization, documents related to labor protection, orders and orders of the employer, notifications and notifications, statements and certificates, journals and books of records with signatures familiar with the rules and events employees.

Personnel orders are being studied: 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, about 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 routine 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.

Unscheduled check 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 business entities, 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 of 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, specialists of the labor inspection 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 pagination, indicating the total 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 small firms like to neglect. Not only their presence is checked, but also the structure of the design, their observance in practice.

Every employer must provide its employees with a safe working environment. 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. Such 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 list of special categories of workers: minors in, employed hazardous production, employees with special age development, foreign citizens, etc. In the case of inspections, the labor inspectorate pays increased attention to the observance of their labor rights.

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

Checking the labor inspection is always not a pleasant event. Whether it is planned or unplanned, you need to properly prepare for it. In what cases it is worth waiting for inspectors, and how to prepare for it yourself, we will tell you in our article.

From the article you will learn:

What does the labor inspectorate check

Unambiguously answer the question "What does the labor inspectorate check?" will not work. Since everything depends, first of all, on the type of verification and its basis.

There are two types of inspections - scheduled and unscheduled. Scheduled supervision is carried out in accordance with the Federal Law of December 26, 2008 No. 294-FZ "On the Protection of the Rights of Legal Entities and individual entrepreneurs when exercising state control (supervision) and municipal control ”(hereinafter Law No. 294-FZ). Such events cannot be more often than the deadlines set in the law.

The planned inspections are reflected in a special schedule for the year, which is approved annually before the end of the year preceding the year of inspection. Such a schedule is posted on the websites of the regional GIT, as well as on the Rostrud website. But you can download it in our article >>>

During a scheduled visit, inspectors can check any area of the organization's activities, one way or another related to labor law.

From December 13, 2019, the GIT can not only fine the company by 50 thousand rubles. for delayed wages, but collect debts without trial. The experts of the "Handbook of the Personnel Officer" magazine told how inspectors now collect salaries in a simplified manner, and in what situations it is possible to achieve recognition of the decision to collect unlawful.

If we are talking about an unscheduled inspection of the GIT, then it has a narrower specialization. The reason can be either a complaint from an employee, or an extraordinary situation that has occurred at work (accident, strike, etc.).

Checks can be carried out in an on-site or documentary form. The total duration is no more than 20 working days (part 1 of article 13 of Law No. 294-FZ). The law provided for a special period only for scheduled on-site inspections of small enterprises - no more than 50 hours, micro-enterprises - no more than 15 hours.

New regulations for inspections of the GIT

In June 2019, a new Administrative Regulation was approved for the implementation of Federal Service on labor and employment of the federal state supervision over the observance of labor legislation and other regulatory legal acts containing labor law norms (approved by Order of Rostrud dated 13.06.2019, No. 160, hereinafter the Regulation). Inspectors have been working on it since October 22, 2019.

Now companies will have more time to prepare for verification activities, since, according to the new Regulation, their schedule must be posted on the websites of regional inspectorates no later than November 10. Previously, such information was posted before December 1.

In the new year, the GIT prepares a schedule, still relying on a risk-based approach (clause 2 of article 8.1 of Law No. 294-FZ). With this approach, the frequency of inspection visits for different categories of employers will not be the same. The greater the risk of violation of labor rights in the company, the more often you may be visited.

The frequency is influenced by 3 factors:

Conscientiousness of the company in relation to personnel. It estimates the recorded number of citizens' complaints about violation of their rights over the past 3 years, as well as the number of industrial accidents. If there is no such data on the company in the inspection, then the coefficient is taken equal to 0.
Potential harm. This indicator is calculated not for a specific employer, but for the industry as a whole, so the employer cannot somehow change it.
The scale of the spread of negative consequences. Depends, first of all, on the size of the company, namely, on the number of employees. The higher it is, the greater the coefficient.

Thus, the higher the final coefficient, the more often inspectors will visit you. For companies with high risk this is once every 2 years, and for companies with moderate risks - only once every 6 years. Whereas employers belonging to the low-risk group will not be audited at all.

During training on the program professional retraining"Organization of work with personnel" you will learn how to draw up personnel documentation according to the new rules, how to evaluate candidates and hire a new employee, how to implement professional standards and what to do if the qualifications of employees do not meet their requirements, and much more. After finishing training course an official diploma awaits you.

In the Regulation, Rostrud determined which documents the labor inspectorate checks during the inspection (clause 13). The list includes 26 types of documents. However, this does not mean that the examiner can demand any document from this list. Documentation should not be provided if it:

has nothing to do with the topic of verification;
optional, since it does not correspond to the specifics of the company's activities;
can be received by the inspector within the framework of interdepartmental interaction (clause 14 of the Regulations);
already provided during the previous documentary audit.

Also, the inspectors are now given a lot of freedom. They can collect wage debts from the employer without a court decision. To begin with, when a violation is found, the inspector issues an order for elimination with a specific deadline for its execution. If the demand is not fulfilled or is appealed within 10 days, a decision is made to enforce the collection of wages.

If such a decision is ignored by the company, then the materials of the case are transferred to the bailiffs.

What does the labor inspectorate check during a scheduled inspection

The GIT inspection schedule for 2020 reflects the purpose of the inspection visit. As a rule, you can find the following wording: “Verification of compliance with labor legislation and other regulatory legal acts containing labor law norms”.

This means that the inspector during the audit can touch on any points related to HR administration and observance of labor rights of personnel. But only within the framework of the questions listed on the checklist.

In this case, inspectors can check:

conclusion of employment contracts and the correctness of their execution;
availability of mandatory local regulations and staffing tables;
the correctness of filling, storing and issuing work books;
the presence of signatures in documents with which the employee must be familiarized in writing;
the correctness of registration of the exits of workers on weekends, holidays and overtime;
observance of the rights of privileged categories of citizens;
compliance with labor protection standards, etc.

You can find out if your company is included in the schedule of inspections by the state labor inspectorate for 2020 in our material: Plan of inspections of the labor inspection for 2020.

When carrying out supervisory activities, inspectors of the State Inspectorate for Information Technologies will have to use checklists (checklists), which are not allowed to go beyond. A total of 107 pieces have been developed. You can read more about checklists in our material: GIT checklists.

Unscheduled inspection of the labor inspectorate

An unscheduled check is carried out in order to identify, confirm and fix the violations of labor legislation by the employer. Therefore, even if your company is not included in the schedule, or there is still a period of supervisory holidays, you cannot avoid the visit of inspectors.

An unscheduled inspection of the labor inspectorate can be of an on-site or documentary nature and is carried out in the event of:

receipt of a complaint from an employee, including a dismissed one;
the expiration of the previously issued order to eliminate violations;
receipt by the prosecutor's office of information on the existing facts of violations of legislative requirements in the organization.

The head of the company must be notified about the holding of offsite events no later than one day before the start. At the same time, the law does not establish how the employer is notified. They will not warn them only if the committed violation threatens the life and health of employees.

During the documentary inspection, the inspector sends a request to the organization for the provision of documents necessary to highlight the issue of interest. During an off-site event, inspectors carry out supervisory actions directly at the company office.

Compulsion to terminate employment is the employer's responsibility

Unscheduled inspection of the labor inspectorate on the complaint of an employee

The most frequent reason for an unscheduled visit of inspectors from the State Inspectorate for Information Technologies is a complaint from an employee. Off-site events will be legal if the inspectors present their IDs and a certified copy of the order to the head (Article 12 of Law No. 294-FZ).

The manager has the right to familiarize himself with the text of the order and make a copy of it. The order reflects not only the documents that are subject to verification, but also the timing of its implementation.

Attention! According to the new Regulations, if an on-site inspection of the State Inspectorate is carried out in agreement with the prosecutor's office, the inspector is obliged, in addition to the order and certification, to provide copies of the approval documents.

During this period, inspectors have the right to stay on the employer's territory for as long as necessary (part 1 of article 357 of the Labor Code of the Russian Federation). As a rule, a separate room is allocated for them in order to limit their communication with the staff. They have the right to demand from the head of the immediate elimination of violations.

It is not necessary to provide the reviewers with documents that they do not request, as this can lead to negative consequences in the event of their incorrect execution.

Preparing to check the GIT

When the manager became aware of the upcoming visit of inspectors, it is necessary to conduct self-control of the internal HR documentation... This will help avoid additional penalties.

If the employer is unlikely to have time to make adjustments to labor contracts or local regulations, then it is possible to check the presence of all the necessary signatures.

For self-control, it is advisable for the HR officer to use a tool such as checklists. Checklists are freely available on the Online Inspection.rf portal. After answering the questions, you will receive a conclusion indicating the errors and shortcomings that need to be eliminated. Also, you will be given a legal basis that will confirm the fact of the error.

Such an event will help to "tighten up the tails" before the visit of inspectors and will help to avoid fines, which currently amount to 50,000 rubles. for the first violation (Article 5.27 of the Code of Administrative Offenses of the Russian Federation).