What does the Labor Inspectorate check each year? What does the labor inspectorate check during the inspection. Frequency of scheduled inspections

A company that employs at least one employee needs to be prepared for a labor inspection check. When violations are found, fines are issued. If the violations are repeated, the company may be temporarily closed until they are corrected. To prevent spending and suspend activities, you need to prepare for inspections.

Scheduled and unscheduled inspections: what's the difference?

Scheduled check carried out according to the plan. It is of a regular nature and is carried out regardless of whether there are complaints against the company. This is a complex procedure, during which all aspects of the company's activities are checked.

Holding unscheduled inspection usually has certain grounds: complaints of workers, suspicion of illegal actions. The procedure is performed regardless of when the previous scheduled event was held.

Grounds for scheduled and unscheduled inspections

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

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

A scheduled inspection is carried out every 3 years. The basis for its implementation is the expiration of 36 months from the date of:

implementation of the last planned activity;
registration of individual entrepreneurs or legal entities;
filing an individual entrepreneur or legal entity with a notification of the start of work.

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

What will be checked?

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

Labor contracts.
Labor documents.
Staff schedule.
internal acts.
and their content.
Orders for dismissal, hiring and transfer to another place, as well as signatures of employees on them.
Accounting work books.
Orders about overtime work written consent of employees.
Papers related to the employment of people with disabilities, persons under the age of 18.
Compliance with labor protection standards.
Regulations on the personal data of workers.
Documents related to the employment of foreigners.

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

How to prepare for the test?

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

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

Often inspectors send a request to send documents. Papers must be provided in the form of copies certified by a signature or seal. Inspectors are not allowed to:

Ask for information that is not relevant to the subject of the audit.
Seize original papers.

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

Employee payroll sheets.
Accounting statements.
The charter of YL.
Regulations on the RFP.

The exact list of securities is determined by the subject of verification.

The most common errors detected during verification

Before checking, it makes sense to familiarize yourself with the common violations that employers make and correct them if they occur in the company. Consider typical mistakes:

Not all the documents that should be. For example, the company is very small, and therefore the employer decided not to deal with the design of internal regulations. However this document Essential for organizations of any size. Often the company does not have a rule for issuing settlement documents.
There are no work books of specialists who work in the organization. These documents are stored incorrectly (they should be kept in the employer's safe).
Inaccuracies were made when drawing up an employment contract with an employee: there is no indication of the amount of salary, there is no signature of the employee.
The vacation schedule was signed later than 2 weeks from the beginning of the year.
The annual paid leave is divided into several parts, but their totality does not amount to the prescribed 2 weeks.
The salary is less than the minimum wage.
Salary indicated not in rubles.
Money is issued less frequently than once every 15 days, and there is no consent of the employee to this in writing.
Foreigners are hired fixed-term contract before the completion of their work permit (in this case, open-ended contracts are preferable).

IMPORTANT! As part of the event, not only documents are checked. Also, representatives of the labor inspectorate monitor the timeliness of certification, the safety of workers. If work requires it, you need to take care of the availability of protective masks, gloves and other protective accessories.

How are test results generated?

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

Protocols for the analysis of goods manufactured at the enterprise.
The results of the examinations carried out.
The order, which sets out the requirement for the elimination of offenses.
Explanations of workers.
Other documents that are important in the framework of the audit.

Usually, more paperwork is issued as part of a planned event. This is due to the fact that it is distinguished by a complex nature: all aspects of the company's activities are checked.

Penalties based on the results of the audit

What happens if the labor inspectorate finds violations? First, an order is issued. If the employer does not eliminate the violations within the allotted time, a fine is issued or the company's activities are temporarily stopped. Who is obliged to pay it? It all depends on the internal rules of the company. It can be an individual entrepreneur, director, chief accountant.

Consider the list of common fines in 2017:

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

The more responsibility lies on the head or authorized person from the point of view of the law, the greater the fine is presented to him.

What about in practice?

The fines for offenses are significant. However, in practice they are rarely written. Also, a full-fledged inspection of the labor inspectorate is rarely carried out. But this does not mean that the requirements of the law should be ignored. If the inspector finds real offenses, punishment cannot be avoided.

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

If it is possible to fully prepare for a scheduled inspection, then an unscheduled event is carried out relatively suddenly. Therefore, it is advisable to draw up all the documents correctly, conclude an employment contract with each employee, enter all the necessary local acts. This is especially true for organizations that are checked most often (for example, catering establishments).

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

Most often, the labor inspectorate comes with checks on complaints. Since there is no clearly established verifiable list, we recommend that you prepare for verification of all documents related to personnel - employment contracts, various provisions (on remuneration, bonuses, daily routine), orders, work books, pay slips, timesheets, documents on payment and accrual wages, labor protection and so on.

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

According to the rule established by law, inspections conducted by state labor inspectors in organizations can be scheduled and unscheduled (which, in turn, are divided into documentary and field inspections). The procedure for the implementation of audits is determined by law. To start verification actions in both the first and second options, grounds (reasons, cases) are needed.

Grounds for conducting an unscheduled inspection by the labor inspectorate

non-payment (delay) or incomplete payment of wages on time;
setting wages in an amount less than that provided for by labor legislation, that is, below the minimum wage;
non-compliance by the employer with the instructions of the labor inspector;
receipt of information about the facts of violation of labor legislation, which led to the emergence of a threat of harm to the life and health of employees;
employee's complaint labor rights;
an employee's request to check the conditions and labor protection at his workplace;
an order of the heads of the labor inspectorate or the Federal Labor Service, issued on the basis of instructions from the Government of the Russian Federation, the President of the Russian Federation or the prosecutor.

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

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

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

Scheduled inspection of the labor inspectorate

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

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

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

This list of grounds is closed, that is, inspectors are not allowed to name other reasons for carrying out scheduled inspections of compliance with labor law standards.

Checking personnel documents.
Checking the safety of work performed.

Checking personnel documents

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

Personnel documents that will be checked:

founding documents;
collective agreement;
all papers related to wages;
internal rules work schedule;
employment contracts, (Article 57 of the Labor Code of the Russian Federation establishes essential conditions conclusion of an employment contract);
staffing;
timesheets;
timesheets of employees employed in hazardous work;
payroll sheets;
sick leave;
vacation schedule;
personal cards;
appointment orders;
work books;
book of accounting for the movement of work books and inserts to them;
regulation on remuneration and bonuses;
regulation on the protection of personal data.

Decree of the State Statistics Committee dated January 5, 2004 No. 1 “On approval of unified forms of primary accounting documentation on the accounting of labor and its payment "establishes the form of orders, personal cards, vacation schedules, staffing, timesheets and other documents related to personnel records, calculation of working hours and wages. Absolutely all enterprises, regardless of the form of ownership, are obliged to follow this decree. There are a number of exceptions for budgetary organizations.

Checking local internal documentation

It includes a collective agreement, internal labor regulations, regulations on remuneration and bonuses, regulations on the protection of personal data, regulations on trade secret. The listed documents must comply with the law, must not contradict each other and not worsen the position of the employees of the enterprise in comparison with the rules of the law.

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

Checking the vacation schedule

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

Checking payroll

Inspectors will certainly pay attention to how wages are paid (according to the law, it must be paid twice a month). The Internal Regulations, collective and labor agreements must contain information on the time and place of payment of wages.

Inspectors will also pay attention to the size of the salary, remember that it should not be below the legal minimum.

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

Checking information related to labor protection

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

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

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

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

Time limit for the inspection

By general rule the period for conducting a scheduled inspection cannot exceed 20 business days; for branches, the total period is not more than 60 business days. If we are talking about small businesses, then for a small enterprise and a micro-enterprise this period is 50 hours and 15 hours, respectively. These regulations 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), which must be notified to the employer 3 days in advance.

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

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

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

From the article you will learn:

What does the labor inspectorate check?

Unequivocally 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 audits - scheduled and unscheduled. Planned supervision is carried out in accordance with federal law dated December 26, 2008 No. 294-FZ “On the protection of the rights legal entities and individual entrepreneurs when exercising state control (supervision) and municipal control”(hereinafter Law No. 294-FZ). Such events cannot be more frequent than the deadlines established by law.

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 regional GITs, 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 for 50 thousand rubles. for delaying wages, but also to collect debts without a trial. The experts of the magazine "Handbook of Personnel Officer" told how inspectors now collect wages in a simplified manner, and in what situations it is possible to achieve recognition of the decision to collect illegal.

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

Inspections can be carried out in field form or documentary. 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 regulation of GIT checks

In June 2019, a new Administrative regulation implementation Federal Service on labor and employment of federal state supervision over compliance with labor laws and other regulatory legal acts containing labor law norms (approved by Order of Rostrud of June 13, 2019 No. 160, hereinafter referred to as the Regulations). Inspectors have been working on it since October 22, 2019.

Companies will now have more time to prepare for inspection activities, since, according to the new Regulation, their schedule must be posted on the websites of regional inspections no later than November 10. Previously, such information was posted until December 1.

In the new year, the GIT is preparing a schedule, still relying on a risk-based approach (clause 2, article 8.1 of Law No. 294-FZ). When applying this approach, the frequency of visits of auditors for various categories 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.

Periodicity is affected by 3 factors:

Integrity of the company in relation to personnel. It evaluates the recorded number of citizens' complaints about violation of their rights over the past 3 years, as well as the number of accidents at work. If there is no such data for the company in the inspection, then the coefficient is assumed to be 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. It depends, first of all, on the size of the company, namely, on the number of employees. The higher it is, the higher the coefficient.

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

During 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 Regulations, 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 inspector may require any document from this list. Documentation should not be provided if it:

not related to the topic of the test;
is optional, as it does not correspond to the specifics of the company's activities;
can be obtained by the inspector within the framework of interdepartmental interaction (clause 14 of the Regulations);
already provided at the previous documentary check.

Also, inspectors are now given more freedom. They can collect wage arrears from the employer without a court decision. To begin with, upon detection of a violation, the inspector issues an order for elimination with a specific deadline for its execution. If the demand is not fulfilled or appealed within 10 days, then a decision is made on the forced collection of wages.

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

What does the labor inspectorate check during a scheduled inspection?

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

This means that during the audit, the inspector can touch on any issues related to personnel records management and compliance with the labor rights of personnel. But only within the scope of the questions listed in the checklist.

At the same time, inspectors can check:

conclusion of employment contracts and the correctness of their execution;
the presence of mandatory local regulations and staffing;
correct filling, storage and issuance of work books;
the presence of signatures in documents with which the employee must be familiarized in writing;
correct registration of exits of employees 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 inspectorate for 2020.

When carrying out supervisory activities, the inspectors of the State Inspectorate will have to use checklists (checklists), beyond which it is not allowed. A total of 107 pieces were developed. You can read more about checklists in our material: GIT Checklists.

Unscheduled inspection of the labor inspectorate

An unscheduled inspection is carried out in order to identify, confirm and fix the committed 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 supervision holidays, you cannot avoid the visit of inspectors.

An unscheduled inspection of the labor inspectorate may be of a field or documentary nature and is carried out in the following cases:

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

The head of the company must be notified of the holding of offsite events no later than one day before the start of the event. At the same time, the law does not establish how the employer is notified. They will not warn 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 cover the issue of interest. During a field event, inspectors carry out supervisory actions directly at the company's office.

Forced dismissal is the responsibility of the employer

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

The most common reason for an unscheduled visit by GIT inspectors is a complaint from an employee. Conducting field events will be legal if the inspectors present their certificates and a certified copy of the order to the head (Article 12 of Law No. 294-FZ).

The head 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 certificate, to provide copies of the documents on approval.

During the specified period, inspectors have the right to stay on the territory of the employer 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 to limit their communication with the staff. They have the right to demand from the head of the immediate elimination of violations.

You should not provide reviewers with documents that they do not request, as this may lead to negative consequences if they are incorrect.

Preparing for a GIT check

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

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

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

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

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

The check assumes that any norm of labor legislation falls under it. The inspector has the authority to require him to provide such acts:

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

It is necessary to understand how the management of the organization can prepare for verification activities. Most often, violations occur related to the application of sanctions to the employer in the form of fines. The reason is the lack of necessary documentation.

Each company must develop acts of local appointment. This applies to even the smallest firm. For example, these are internal labor regulations or a provision where the personal data of each employee is registered.

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

The management of the organization is responsible for keeping labor documentation, including books. Employers often make mistakes when generating baseline documentation.

For example, when the rate used for remuneration is not fixed in the agreement, the employee’s signature is not affixed to the documentation. In addition, the vacation schedule can be signed later than a couple of weeks before the start of the holiday.

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

dividing the rest time into small parts, while none of them is more than a couple of weeks;
earning less than the minimum wage;
the amount of wages is fixed not 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 liable, he needs to issue an indefinite contract of employment.

Grounds for verification

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

that the management of the company violated the provisions of labor law;
when a complaint is written that the rights of workers have been violated, for example, it takes place, incorrect payroll calculations have been made, benefits are not paid, or overtime work is not paid.

Also, violations may be related to the fact that the company's management refuses to draw up an agreement, incorrect execution of an employment contract, which is expressed in violation of the employee's rights. 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, the rules that apply within a particular company. It is also a provision according to which payment for labor activity is made, bonus payments, provisions related to secrets of a commercial type, protection of personal data.

The specified documentation must fully comply with the requirements of the law, there should not be provisions that would worsen the position of the employee, 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 as the employment agreement, a staff-type schedule and a provision are formed according to which salaries and bonuses are paid.

Checking the vacation schedule

In this case, employees of the labor inspectorate must make sure that in recent times all persons working in the company went on vacation. At the same time, vacation schedules were not violated. Attention should be paid to how vacation pay was calculated. If a certain amount has not been paid to a citizen, this must be done immediately.

The company's management should take into account the fact 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 revealed that the citizen did not rest according to the schedule, appropriate sanctions are applied to the management of the company.

Checking payroll

Employees of the labor inspectorate check the points 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 used internally by the company indicates information on when and where funds are issued. In addition, it is important that the amount of earnings is not less than limit value by 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.

Information related to the protection of labor activity is also subject to verification. It is the responsibility of the management of the company to create a safe environment for the performance of a person labor functions. This fact can be confirmed by using instructions or papers indicating the conduct of relevant activities. The specified type of paper must be in the company, regardless of how many people work in it and how many people are employed.

Inspectors check the following conditions:

requirements related to the provision of training and instruction for employees;
measures for the safe performance of the labor function;
citizens have the means to ensure security.

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

During the production of the measures in question, employees of the authorized body can not only check the papers, but also inspect the premises of the company and interview employees.

Labor protection documents

The Labor Inspectorate, when conducting a verification activity, may request documentation related to labor protection. Including:

Check procedure

There are several stages of production checks:

Initially, the firm is notified that an audit will take place. The labor inspectorate has a duty to notify 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 by means of a notification, which is transmitted against signature.
The acts are checked by the departure of employees of the labor inspectorate. Often, the beginning of the audit is associated with a request for documentation on the work carried out in the company. Inspector staff must carry a certificate indicating 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 of an unscheduled inspection 24 hours in advance. During the inspection, it is required to comply with the established duration of events. It is listed below.
Based on the results of the work performed, a pair of copies of the act is formed. Sometimes the document is formed directly at the enterprise, however, most often, the head of the company is called to the labor inspectorate.

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

the nature of the violation and the time of its commission;
description of the current legislation;
the period intended to eliminate the violation (if a violation remains after the re-inspection, administrative type liability is applied to the director).

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

The actions that can be taken 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 implemented at any time of the day. In this case, you must 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.

Time limit for the inspection

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

It is important to note that these exceptions do not apply to the production of an unscheduled on-site inspection. For its production, regardless of the company, a general period not exceeding 20 days applies. Only business days count.

If the organization has branches, then the verification period is determined for each division separately. However, the total duration of the verification cannot exceed 60 days. If necessary, you can extend the specified period of time, but no 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.

fines

When employees of the labor inspectorate reveal violations, the order is announced to the management of the company in the first place. This act assumes that the director should eliminate the violations within the established time limits, 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 firms the responsibility rises to 30 - 50 thousand. When this violation is committed a second time, the penalties become more severe. They are equal to 10-20 thousand rubles for an official, for an individual entrepreneur - 5-10 thousand. The company will have to pay from 50 to 100 thousand rubles.

If a person is admitted to work in the absence of such a right, for example, when he did not apply for a medical book, then the employer is fined in the range of 10-20 thousand rubles. If a citizen denies this, then for him the sanction is 3-5 thousand.

If an employment agreement is not concluded with an employee, the individual entrepreneur pays 10,000 - 20,000 rubles, for a 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 such a violation, the amounts will increase. For individual entrepreneurs - 30-40 thousand rubles, for a company from one hundred to two hundred thousand rubles.

What the labor inspectorate fines for, Yu. Zhizherina says:

Question form, write your

Sooner or later, a scheduled inspection by the labor inspectorate will affect all entrepreneurs and companies that have employees. There are also unscheduled inspections organized after statements or appeals from employees. We explain what the labor inspectorate checks and how to prepare for the visit in this article.

What you will learn about:

Types of scheduled inspections

Inspectors who check the working conditions of workers visit Russian entrepreneurs slightly less than taxpayers.

A labor audit, like a tax audit, can be scheduled, for which you can have time to prepare, and unscheduled, i.e. sudden.

The schedule of inspections of the labor inspectorate for 2019 includes only scheduled inspections. Calendar plan available on the website of the labor inspectorate of each of the regions. For this, a separate tab "Inspection plan" is highlighted, and the plan is also available on the website unified registry checks.

A scheduled inspection by the labor inspectorate of most medium and large entrepreneurs and companies is carried out once every three years (exceptions are companies where there may be a risk of labor hazards). However, this schedule does not apply to small businesses until 2022, since in 2018 Russian President V.V. Putin approved a moratorium on scheduled inspections of a number of departments until 2022. The labor inspectorate was included in this number of services.

However, the moratorium does not apply to unscheduled inspections by the labor inspectorate, which in 80% of cases occur on the basis of a complaint from employees (currently working or already dismissed).

You can remotely control the work of the store, assign tasks to employees and set up access rights to documents in the program from Business.Ru. It allows you to organize the "transparent" work of your employees, as well as ensure the accuracy of the completion of any task on time.

Other popular reasons for an unscheduled inspection:

the period of prescription has expired since the previous check;
the appearance in the media of information about violations of working conditions or delays in wages and an order from the Prosecutor General's Office to investigate;
the emergence of information from other departments about violations in the field of labor protection or in the field of wages.

Note that if one of your employees complained to the Labor Inspectorate, then you will not know who it was. By law, inspectors do not disclose information about the complainant, but they do not accept complaints anonymously.

The duration of an unscheduled inspection is no more than 20 days. However, their number is not standardized.

An inspection by a labor inspectorate can be both field and documentary: inspectors either visit you or request documents and evaluate your actions in their offices.

Field and documentary inspection by the labor inspectorate

What kind will unscheduled inspection labor inspectorate depends on the decision of the inspectors themselves. According to 294-FZ (“On the Protection of the Rights of Legal Entities”), it is permissible to leave with an inspection only if it is not possible to evaluate the work of the company according to the documents.

In practice, there is a court decision according to which an entrepreneur from Perm managed to appeal the results of the inspection, since the inspectors went to the site, although they could not have done so (decision of November 2, 2011 No. 2-3664 / 2011 of the Leninsky District Court of Perm).

The complexity of the on-site inspection by the labor inspectorate, initiated on the complaint of one of the staff, in the absence of notifications about the visit of inspectors. That is, the employer cannot prepare all the necessary documents ahead of time: orders, instructions, etc.

How is a labor inspection carried out?

The verification process by employees of the State Labor Inspectorate includes the following steps:

1. Three days prior notice(during a scheduled inspection, according to Part 9 of Article 360 of the Labor Code of the Russian Federation, it is prohibited to notify the company of an unscheduled inspection based on an employee’s complaint). The entrepreneur, having received a notification, may require information about the planned course of the inspection.

2. Verification procedure. First, labor inspectors require copies of the necessary documents. Then, if necessary, they come and work with the documents on the spot. Field check the labor inspectorate should begin by presenting its own documents: an order and a certificate.

How long does the check take

3. Obtaining an inspection certificate. One act remains with the labor inspectorate. The second is given to the entrepreneur (representative of the company). The act is handed over personally.

The act indicates violations, if any. This act can be challenged in court.

Usually, a short period of time is given to eliminate violations. If the company does not meet it, it faces a fine or more serious administrative responsibility.

Scheduled and unscheduled inspections of the labor inspectorate are always stressful for the manager. A business representative should remember the inspection rules in order to prevent violations by inspectors.

The inspectors are not allowed to:

ask for information that is not related to the subject of the check;
pick up original documents.

In doing so, inspectors can:

start an unscheduled inspection at any time of the day or night, upon presentation of a certificate;
request documents not only from the company, but also from the authorities;
take samples of substances only if this is accompanied by a document (act);
investigate incidents at the enterprise if there is a suspicion that violations in the field of labor protection led to the tragedy;
suspend company employees from work (by issuing an appropriate order);
sue the company or appear in court with an expert assessment.

Frequency of inspections

A scheduled inspection by the labor inspectorate under 294-FZ (Article 9) takes place every three years. However, recent edits to the article added exceptions. Depending on the risks, the Government of the Russian Federation may appoint a different frequency - twice every three years or more often.

For example, more stringent conditions for inspections will affect companies in the field of heat supply, energy, healthcare and others.

Scheduled Inspection Notification

The same article 9 294-FZ indicates that the control authorities are obliged to notify the company of a scheduled inspection no later than 3 working days before.

They must send a copy of the notice by mail or via the Internet (certified by an enhanced qualified digital signature).

In some cases, an unscheduled visit must be reported (part 16 of article 10 294-FZ) at least 24 hours in advance. However, if an unscheduled inspection by the labor inspectorate was initiated upon a complaint from employees or individual entrepreneurs, inspectors do not have the right to warn the company.

Checked period

The audited period by the labor inspectorate is three years. For example, if the verification takes place in 2019, then documents for 2017, 2018 and 2019 will be requested.

The Business.Ru program helps to automate the workflow. It provides reliable data storage, allows you to set user access levels to various documents and create financial reports, payment orders, receipts and expenses in a few clicks.

What documents does the labor inspectorate check during a scheduled inspection?

The package of documents may be different and include:

personal cards of employees and contracts with them;
work books and accounting journal;
schedule of work and holidays, internal regulations;
sick leave and vacation sheets;
registration of the work of beneficiaries;
documents on wages and bonuses;
consent to work with personal data of employees.

The full list of documents depends on the subject of verification. We repeat: labor protection inspectors do not have the right to request documents that are not related to the subject of the inspection.

Common mistakes:

the absence of a wage rate in the contract with the employee;
no employee signature employment contract.

Checking personnel documents

Personnel documents are the first thing that will be of interest to inspectors. All of the listed documents must be completed in the forms provided for by Resolution No. 1 of January 5, 2004 "On approval of unified forms of primary accounting documentation for accounting for labor and its payment."

The regulation applies to all companies, regardless of their size.

Verification of internal documents of the company

Internal documents may not be created according to the form, but they must be compared with personnel documents.

A common mistake: the employment contract specifies one work schedule, and the internal order on the working regime indicates a different schedule.

The staffing must also comply with personnel documents, as well as the provision on bonuses.

Vacation schedule

Errors in vacation documents are frequent, especially among large companies. Inspectors check not only vacation pay payments, but also whether all employees have been sent on vacation.

If one of the employees went on vacation during a period contrary to the schedule, you need to make sure that an appropriate order was issued for this.

The most common mistake: the regulation on the vacation schedule was issued later than 14 days after the start of the year.

Another mistake: a lot of small vacations for an employee: none of them reach 14 days.

Checking salary payments

Employees of the labor inspectorate pay attention to the salary payment schedule: according to the Labor Code, wages staff members must be issued strictly twice a month and not lower than the minimum wage.

The time and place of salary payments are reflected in internal documents companies. Bonuses and allowances must also be fixed.

Important! Inspectors check not only payments to those employees who are currently working, but in general - to everyone over the past three years. Including those fired.

It may be a mistake to indicate wages not in Russian rubles.

Checking information related to labor protection

Working conditions are regulated by various instructions, as well as through training of personnel in labor protection, which must be documented.

Inspectors may also evaluate:

the safety of the company's personnel when it comes to risks to the health of employees;
the frequency of medical examinations;
the issuance of compensation for harm, etc.

Shop labor inspection check: features

During a scheduled inspection by the labor inspectorate of the store, department employees check the list of documents listed above. However, there are those nuances that are paid attention only when checking the store.

AT point of sale often asked for a full agreement liability with an employee. They will definitely ask him if you have previously collected shortages from the staff. Article 241 Labor Code the amount to be recovered must not exceed average monthly salary, if there is no agreement on full matresponsibility.

Important! Such an agreement can only be concluded with those who are indicated in the decree of the Ministry of Labor of December 31, 2002. These are cashiers, sellers, warehouse employees.

If the store sells cigarettes or alcohol, inspectors will look at the employees' personal cards. It is important that only those over the age of 18 are employed. Anything else is prohibited by government decree of February 25, 2000 (No. 163).

Labor Inspectorate Penalties

Responsibility for violation of labor laws is different:

disciplinary (reprimand or dismissal);
administrative (fines are imposed by employees of the inspection in relation to an official or company);
material (imposed for direct harm to the institution, deducted from the employee's salary);
criminal (decided only by the court, if there is a danger to citizens).

Code of administrative offenses provides administrative penalties for:

managers and those who perform their duties;
head of the personnel department;
accountants and persons who are required to monitor labor protection.

Penalties are also provided for companies or individual entrepreneurs.

In addition to fines, it is planned to ban the work of officials for up to three years.

Administrative fines are expected if:

company does not comply with the terms of the agreement with an employee (a fine of up to 4 thousand rubles (5.33 of the Code of Administrative Offenses));
fires an employee who participated in a strike or swore about working conditions (a fine of up to 4 thousand (5.34 of the Code of Administrative Offenses)).

A large fine is provided if the company accepted a foreign citizen in violation of the rules. The company will recover up to 80 thousand rubles. Fine for officials - up to 50 thousand. For citizens - up to 5 thousand rubles.

If the employer conceals that employee injured at work, then executive is punishable by a fine of up to 1,000, and the company - up to 10,000 rubles.

Criminal liability is provided, for example, for:

dismissal of a pregnant woman or an employee with children under 3 years old (145 of the Criminal Code of Russia) - a fine of up to 200,000 rubles;
non-payment of wages for two months or more (Article 145.1 of the Criminal Code of the Russian Federation) - a fine of up to 80,000 rubles;
if security has been violated and the employee has been injured grievous harm health (Article 143 of the Criminal Code of the Russian Federation), a fine of up to 200,000 rubles.