The audit is designed to identify violations of labor laws committed in relation to the rights of employees and ensuring their safety in the workplace. Done off schedule, it brings a lot of trouble to officials, as it leaves little time for its preparation.

The head of the company is notified of an unscheduled inspection a day before it starts (part 16 of article 10 of the Federal Law No. 294 of December 26, 2008). However, if there is evidence of a situation that threatens the health and life of a person, the investigation will be carried out immediately, without sending a notice (part 9 of article 360 ​​of the Labor Code of the Russian Federation).

According to the Labor Code, anonymous complaints are not subject to consideration, so they must contain the full name of the applicant, his place of residence and telephone number. These data cannot be disclosed without the written consent of the employee (Article 358 of the Labor Code of the Russian Federation), either directly or indirectly - during the investigation, which imposes appropriate requirements for its conduct.

The appearance of labor inspectors can be provoked not only by the appeal of employees, but also by violations identified by the tax service or pension fund. In this case, we will talk about a comprehensive audit with the participation of representatives from each institution.

Some facts

You can get information about whether an audit is planned in your organization on the website of the Prosecutor General's Office Russian Federation- http://www.genproc.gov.ru/. To do this, go to the section "Consolidated plan for inspections of business entities". It should be borne in mind that, in accordance with paragraph 7 of article 9 of Law No. 294-FZ, the Prosecutor General's Office has an obligation to form an annual consolidated plan for scheduled inspections and must post this document on its website until December 31 of the current calendar year. However, keep in mind that this applies to scheduled inspections by the labor inspectorate.

Foundations

The frequency of unscheduled inspections is not specified by law. They can be initiated in the following cases:

• according to the statement of the employees, there are violations at the enterprise provided for by the Labor Code of the Russian Federation;
• employees received a request to analyze the working environment for compliance with legal norms;
• a situation has arisen that poses a threat to the health of employees;
• the size wages lower than established by law;
• wages are not paid on time or partially;
• the deadline for fulfilling the order issued to the organization during the previous audit has expired (clause 2, article 10 of the Federal Law No. 294 of December 26, 2008);
• received an order from the prosecutor's office.

Powers

In Post. No. 875 indicated that it checks Labour Inspectorate on the complaint of the employee and what actions he has the right to:

1. Investigate at any time of the day.
2. Identify persons responsible for the occurrence of accidents, the alleged cause of which is non-compliance with labor protection requirements.
3. Require documents related to the case, both from the enterprise and from the federal authorities or the municipality.
4. Send samples to the laboratory. This action must be accompanied by the issuance of an act.
5. Assign measures to eliminate violations, up to the dismissal of some persons. These instructions cannot be rejected by the head of the enterprise.
6. Apply to the court with a petition to deprive the company of the rights to exercise labor activity.
7. Take part in the trial as an expert.

However, labor inspectors are not entitled to demand:

• papers or samples not related to the subject of the investigation;
• original documents for seizure.

Duration

The time allowed for an investigation depends on the size of the organization.

If the inspector does not have time to complete the investigation within the specified time, he has the right to apply for an extension of the period by:

1. 20 days - for large and medium-sized companies;
2. 15:00 - for small businesses.

The documents

What documents to prepare for verification by the labor inspectorate:

1. The charter of the organization and the rules governing the mode of operation.
2. Contracts concluded with employees, their personal files and other available information.
3. Employment contracts with foreign citizens and persons entitled to benefits.
4. Labor books of employees and a journal in which they are kept.
5. Work schedule and timesheet, which records the amount of time during which employees were at work.
6. A document reflecting the order of vacations granted, statements of employees and other related papers.
7. Local acts on the amount of wages, bonuses and personal data of employees.
8. Payroll records, employee invoices and other payroll related documents.
9. Settlement forms.
10. Forms with signatures of employees confirming their familiarization with the listed documents.

The exact list of what documents the labor inspectorate checks will depend on the reasons for the checks.

Violations

At small enterprises, a violation is often encountered, which is a banal absence of local documents relating to internal regulations, wages, personal files of employees, labor protection. Their presence is mandatory, even if the company's staff is limited to a single employee. There are other, more common mistakes.

Employment contracts

Sometimes an employee is hired a small firm by oral agreement, without a written agreement, which is a violation of the law. It is also possible that it is incorrectly formatted:

• the exact amount of salary is not indicated;
• there is no signature of the employee stating that he received the second copy of the contract.

The most frequent violations when checking the work of an organization are the absence of employment contracts in writing or their incorrect execution.

Vacation schedule

According to Art. 123 of the Labor Code of the Russian Federation, the schedule must be approved by the order of the director, issued 2 weeks before the coming year. A rare employer is able to comply with this rule in practice. Therefore, if this document is missing, you need to try to draw it up before the review, and do not forget to set the correct approval date.

Also, we must not forget that persons under the age of 18 are granted leave out of turn, at a time convenient for them (Article 267 of the Labor Code of the Russian Federation). However, such employees should also be included in the schedule. If they decide to go on vacation at another time, they will have to write a statement. Other bugs encountered:

1. Employees were not notified about the vacation 3 weeks before its occurrence.
2. Vacation pay was paid later than 3 days before the employee went on vacation.

See the video below for more details on labor inspections.

Result

The results of the audit are reflected in the act, which is drawn up in two copies. Usually, in order to sign and receive the act, the manager has to visit the Labor Inspectorate. If there were violations Labor Code(which can be avoided very rarely), the organization receives an order that indicates information about the violation:

1. What is it and when was it allowed.
2. What statutory act is confirmed.
3. What should be done to fix it.
4. How long does it take to be liquidated?

If a these recommendations were not taken into account, which will inevitably reveal a re-investigation, an administrative penalty may be imposed on the enterprise. In case of disagreement with the conclusions of the commission, the head can appeal against its results.

Penalties

Failure to comply with the order may result in disqualification or penalties. They are exposed to: an enterprise, director or other official (head of personnel department, chief accountant), individual entrepreneur.

Frequently occurring cases that entail the imposition of penalties.

All questions of interest can be asked in the comments to the article.

To check enterprises of any form of ownership for their compliance with labor legislation, special government bodies. Their goals, as well as the regulations, grounds and principles for the implementation of inspections are enshrined in the supervisory legislation.
What will be checked for field check labor inspectorate? What documents need to be prepared?

What does the labor inspectorate check?

In accordance with Art. 353 of the Labor Code of the Russian Federation and 356 of the Labor Code of the Russian Federation, the labor inspectorate will check the compliance of employers with the norms of labor legislation.
Conduct inspections of enterprises of all forms of ownership of the territorial offices of the State Labor Inspectorate. Inspections are regulated by the norms of the Labor Code of the Russian Federation, federal law No. 294 "On the protection of the rights legal entities and IP in the exercise of state and municipal control”, as well as Decree of the Government of the Russian Federation No. 875.
At the local and regional level, there are also legislative norms, which relate to inspections from the labor inspectorate.

Inspectors cannot conduct inspections of enterprises at any time convenient for them. Another thing is that inspections can be scheduled and unscheduled. But for any verification, good reasons are needed.

• It's been 3 years since the last check.
• Since state registration enterprises have already passed 3 years
• 3 years have passed since the state registration of IP

However, inspectors do not have the right to state the reasons for conducting a scheduled inspection.

To conduct an unscheduled inspection by the labor inspectorate, a more compelling reason is required. As a rule, they are held on the "signal" from the employees of the enterprise about various kinds of violations of the Labor Code of the Russian Federation.
The grounds for an unscheduled inspection of the employer by the labor inspectorate may include:

• A written appeal from an employee signaling a violation by the employer of his labor rights
• A written request from an employee to conduct a labor audit of working conditions at a particular workplace
• Receipt of allegations of violations of labor standards that may harm the life and health of employees. In this case, the application can come not only from employees, but also from unauthorized persons.
• The term for correcting violations under the order of the labor inspectorate has expired
• Request from the prosecutor, the Government of the Russian Federation or the President personally to conduct an unscheduled inspection at this enterprise. An order to conduct such an inspection is issued personally by the head of the territorial division of the State Labor Inspectorate

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

The list of documents for verification by the labor inspectorate is not legally fixed. In addition, it does not depend on whether the audit is scheduled or unscheduled.
Labor inspectors, during the inspection, have the right to request and verify any documents of the employer related to labor.
The employer is obliged to present the originals of all documents for the labor inspection, including evidence that employees were properly familiarized with these documents. That is, the employer must also present the signatures of the magazines.

All documents that inspectors can check can be conditionally divided into 3 large groups. It:

1. documents personnel service. It:

• charter
• founding documents
• employment contracts
• work books
• collective agreements
• employee personal cards
• job descriptions
• staffing
• personnel orders
• sick leave
• vacation schedules
• time sheet
• salary and bonus provisions
• registers of incoming and outgoing documents
• other documents related to the personnel service

2. accounting documents. It:

• pay slips for wages
• pay slips
• personal accounts
• other documents related to labor payments

3. documents on labor protection. It:

• regulation on personal data
• instructions related to labor protection
• attestation provisions
• employee training documents
• documents on medical examinations of employees
• safety briefing log
• accident register
• other documents related to labor protection

What period does the labor inspectorate check during a scheduled inspection

What years are usually checked by the labor inspectorate? A scheduled inspection is carried out once every 3 years. Accordingly, inspectors check all documents for the last 3 years that have passed since the last check.

Unscheduled inspections can be carried out at any time. At the same time, Rostrud must notify the enterprises 3 days before the start of the inspection. All documents are checked for the period that has passed since the last check.

The verification cannot last more than 20 days, and for branches, a period of 60 days is set. For small businesses and micro-enterprises, the period is 50 hours and 15 hours, respectively.

Checking the labor inspectorate of a small enterprise - step by step instructions

Small businesses cannot be inspected for 3 years from the date of state registration.

• local regulations that are often neglected by small businesses
• all personnel documents must initially be drawn up and executed “on a clean copy”. Don't leave it "for later". But, in any case, you need to check all the documents that are related to personnel - orders for hiring and dismissal, orders for holidays and bonuses, job descriptions. The employee must be personally acquainted with each such document. His signature should be not only on the order or job description, but should also be in the familiarization log
• all outgoing and incoming documents must be registered
• check the availability and "fullness" of all work books
• Check all payroll and bonus payrolls. They must be signed by the employer or a person who is authorized to do so.

It should be understood that the inspector will find a violation. This happens almost always. He will have to issue an order in which the detected violations will be clearly described, as well as the deadlines for their elimination.
In addition, the order must indicate the date of the violation and a reference to the law, which indicates that this is precisely the violation.

All violations indicated in the order must be corrected as soon as possible. The inspector can take the manager's word for it, but he can also come with a re-check.
If the violations are not corrected, the inspector has the right to make a decision to involve the employer and officials to administrative responsibility under Art. 5. 27 of the Administrative Code of the Russian Federation and 5. 27. 1 of the Administrative Code of the Russian Federation. Sanctions under these articles - a fine. The case will be considered within 15 days after the decision to impose a fine.

In addition to the prescription, at the end of the inspection, the inspector draws up an act in 2 copies. One is with the inspectors, the other is with a trusted company.
If the employer does not agree with the decision of labor inspectors, then it can be appealed in court.

To conduct an audit of personnel records management and bring documents into proper condition before the arrival of the SIT, it is necessary to prepare information on the type of activity of the organization, headcount employees, the period for which it is necessary to restore documents or conduct an audit with the issuance of recommendations.
In the following articles, we will cover in detail the requirements of the labor inspection.

INSTRUCTIONS for HR records management

Personnel records management is carried out by the personnel department of the Organization in accordance with this instruction. Responsibility for the conduct of personnel records management, compliance with established work rules, deadlines for registration and safety personnel documents are assigned to the Head of Human Resources.

Before checking personnel records management by the labor inspectorate, it is necessary to check:

1. Hiring new employees;
2. Transfer within the Organization;
3. Dismissal of employees;
4. Granting holidays;
5. Organization of work with work books;
6. Incentives and disciplinary sanctions;
7. Issuance of certificates and copies of documents to employees;
8. Use and storage of personal data of employees;
9. The procedure for transferring documents for archival storage;
10. Availability of a special assessment of working conditions of workplaces.

1. Hiring new employees

Audit of personnel records management checks compliance with the rules for registration of employees.

When applying for a job, a citizen must present, and an employee of the personnel department is obliged request the following documents:

For persons entering work for the first time, the personnel department draws up a work book, and bookkeeping is a certificate of state pension insurance.

If the candidate does not have a work book (loss, damage or other reason), then at the written request of this person, the employee of the personnel department draws up a new work book for him.

The employee of the personnel department responsible for processing documents when applying for a job is obliged to:

• check the availability of all necessary documents for concluding an employment contract;
• to acquaint the candidate against the signature with the current in the Organization local regulations before signing an employment contract, including with a job description;
• prepare a draft employment contract in two copies according to the template approved by the Organization;
• prepare a draft order for employment in a unified form No. T-1 (T-1a);
• hand over labor contract and an acceptance order for signature to the General Director or a person authorized by him.

After the documents are processed by the Organization, the employee of the personnel department is obliged:

1. sign an employment contract with the person being hired;
2. give the employee one copy of the employment contract. The employee confirms receipt of a copy of the employment contract by signing a copy of the contract of the organization;
3. familiarize the employee with the order of employment against signature (within three days from the date of the actual start of work);
4. fill out a personal card according to the unified form No. T-2 and familiarize yourself with all the records under the signature;
5. fill in the work book of an employee who has worked in the Organization for more than five days;
6. register the work book of the employee in the book of accounting for the storage of work books and inserts in them.

Personal cards are arranged in alphabetical order.

2. Transfer of employees within the Organization

Transfers of employees of the Organization are allowed only with their written consent, with the exception of cases provided for by the legislation of the Russian Federation.

When transferring an employee, the HR officer must:

1. obtain the employee's consent to the transfer by issuing a notice of transfer (when transferring at the initiative of the employer);
2. accept a transfer application signed by the head structural unit from where the employee is being transferred, by the head of the structural unit where the employee is transferred, and CEO or a person authorized by him (when transferring at the initiative of the employee);
3. draw up a draft supplementary agreement to the employment contract in two copies;
4. draw up a draft transfer order in a unified form No. T-5 (T-5a);
5. submit drafts of an additional agreement and order to the General Director or a person authorized by him for signature;
6. sign an additional agreement with the employee and give him one copy of the agreement. Check that the employee, upon receipt of a copy of the additional agreement, puts his signature on a copy of the agreement of the Organization;
7. familiarize the employee with the transfer order under signature.

If the transfer is permanent, then the HR officer must:

• make an entry about the transfer in the work book of the employee and in the personal card (form No. T-2) (no later than a week);
• familiarize the employee with this record under the signature in the personal card.

3. Dismissal of employees

An audit of personnel records management checks compliance with the requirement of the Labor Law on dismissal on the grounds provided for by the Labor Law. Compliance deadlines written notice of impending dismissal. The termination notice period begins on the day following the notice.

A letter of resignation is a written form of warning the employer about the termination of the employment contract at the initiative of the employee. The application is written by hand, addressed to the CEO, the text sets out the request for dismissal, the reason and date of dismissal. The document must contain the date of application.

Upon receipt of a letter of resignation, the employee of the personnel department is obliged to check the correctness of the letter of resignation (details, dates of dismissal and writing of the application), the presence of the necessary signatures on the application.

The dismissal of an employee (termination of an employment contract) is documented unified form No. T-8 "Order (instruction) on the termination of the employment contract with the employee."

The text of the dismissal order indicates the date of dismissal, last name, first name, patronymic of the employee, personnel number, position (profession) and structural unit, number and date of the employment contract. The date of termination is necessary props order, since the day of dismissal of the employee in all cases is the last day of his work.

Upon dismissal of an employee for any of the grounds for dismissal, the employee of the personnel department is obliged:

1. draw up a draft order for dismissal in the form No. T-8;
2. submit the draft order for signature to the General Director or a person authorized by him;
3. familiarize the employee with the order under the signature;
4. at the request of the employee, issue certified copies of documents related to his work.

On the last working day of the employee:

1. make an entry about the dismissal in the employee's work book and personal card in the form No. T-2 and familiarize the employee with them against signature;
2. give the employee his work book. The employee confirms receipt of the work book by signing the book of work books and their inserts.

If on the day of dismissal it is impossible to issue a work book to an employee due to his absence or his refusal to receive a work book in his hands, the employee of the personnel department sends a notification to the address (or addresses) of the dismissed employee about the need to appear for a work book or give written consent to send it by mail. From the date of sending the notification, the representative of the employer (employer) is released from liability for the delay in issuing a work book.

4. Granting holidays to employees

Annual paid leave is provided according to the vacation schedule approved by the Organization. The vacation schedule for the next year is drawn up by the personnel department in the first week of December of the current year, taking into account the opinion of employees on a unified basis and is approved no later than 14 calendar days before the start of the new year. An employee of the personnel department is obliged to familiarize employees with the approved vacation schedule against signature.

An employee of the personnel department no later than two weeks before the onset of the vacation notifies the employee against the signature of the upcoming vacation.

In agreement with the employer, the employee can postpone the vacation dates. To do this, he writes an appropriate application, which is signed by the immediate supervisor of the employee and the general director or a person authorized by him. When submitting such an application to the personnel department, an employee of the personnel department is obliged to check the application for the availability of information for drawing up an order.

When applying for leave without pay, the employee writes an application that is signed by the immediate supervisor and the general director or a person authorized by him.

When granting leave to an employee, the HR officer must:

• issue an order to grant unified leave (T-6a);
• familiarize with the order on leave under the signature;
• enter information about the vacation in the employee's personal card.

5. Organization of work with work books

The work book is drawn up and subsequently maintained in strict accordance with the "Rules for maintaining and storing work books, preparing work book forms and providing employers with them." The rules were approved by the Decree of the Government of the Russian Federation of April 16, 2003 No. 225, and the "Instructions for filling out work books", approved by the Decree of the Ministry of Labor of Russia of October 10, 2003 No. 69.

Responsibility for the maintenance, storage, accounting and issuance of work books is borne by a specially authorized person appointed by order (instruction) of the employer.

His responsibilities include:

• make entries in workbooks established by law terms;
• keep a book of accounting for the movement of work books and inserts to them;
• register (with the indication of the series and number) in the book of accounting for the movement of work books and inserts to them all work books of employees of the Organization hired, as well as work books and inserts to them, issued for employees who came to work for the first time;
• control over the signing of work books upon dismissal of an employee and receipt of a work book in his hands.

Forms of work books spoiled during filling out are subject to destruction in the manner prescribed by paragraph 42 of the "Rules for maintaining and storing work books, manufacturing work book forms and providing employers with them."

Checking the completion of work books

6. Incentives and disciplinary actions

Incentives for success in work and responsibility for disciplinary offenses
determined by the Labor Regulations.

Payment of wages is made by the Employer at least every half a month on the day established by the internal labor regulations, collective agreement, labor contract.

An order (instruction) to encourage an employee of the Organization is issued in a unified form No. T-11. The employer encourages employees who conscientiously fulfill their labor duties (declares gratitude, issues a bonus, rewards with a valuable gift, diploma, etc.). For special labor merit before the Society and the state, employees of the Organization may be presented for state awards.

The basis for issuing such orders is a memorandum. An employee of the personnel department, on the basis of a note and a resolution of the general director, prepares an order for promotion. The order must contain an indication of the type of reward (thank you, a valuable gift, certificate of honor, premium, etc.).

The original order for promotion remains in the custody of the personnel department. Based on it, information about the promotion is entered in the work book, personal card in the form No. T-2 of the employee.

For committing a disciplinary offense, that is, failure to perform or improper performance through the fault of the employee assigned to him job duties, the employer has the right to apply the following types disciplinary action:
- remark;
- reprimand;
- dismissal on the appropriate grounds.

Before applying a penalty, an explanation in writing must be requested from the employee. In cases where the employee refuses to give such an explanation, an appropriate act is drawn up. The explanatory note explains the reasons for the incident - violation labor discipline failure to complete a task, etc. Explanatory
the note is written by hand, in one copy.

A memorandum on violation of labor discipline is drawn up by the head of the structural unit of the Organization on the basis of an explanatory note of the employee. The head of the structural unit submits an explanatory and memorandum to the general director or a person authorized by him for consideration and resolution. The resolution is written on a memorandum and must contain a decision on the form disciplinary action.

A disciplinary sanction is applied no later than one month from the day the misconduct was discovered, not counting the time the employee was ill, on vacation, as well as the time required to take into account the opinion of the representative body of employees. The penalty cannot be applied later than six months from the date of the misconduct, and based on the results of an audit or audit of the financial and economic activity- not later than two years from the date of its commission.

Only one disciplinary sanction may be applied for each misconduct.

An order to impose a disciplinary sanction is drawn up:

• on the form of an order for personnel, if the penalty is a remark or reprimand;
• on the form of the order in the form No. T-8, if the penalty is dismissal on appropriate grounds.

The order is issued on the basis of a memorandum, an explanatory worker and a resolution of the general director or a person authorized by him.

The order to impose a disciplinary sanction, indicating the reasons for its issuance, is announced to the employee subjected to disciplinary action against signature within three working days from the date of its issuance. If the employee refuses to sign the order, an appropriate act is drawn up.

The original order remains in the custody of the personnel department.

7. Issuance of certificates and copies of documents to employees

The employee of the personnel department responsible for personnel records, within three days after the employee submits an application for the issuance of documents related to his labor activity, must provide the employee with:

• certificate from the place of work (at the request of the employee, information on wages is indicated in the certificate payment and other necessary information);
• a certified copy of the work book or an extract from it;
• a certified copy of orders relating to the employee's labor activity (on admission, transfer, dismissal, vacation);
• extract from the order, etc.

Help and extract are issued on the letterhead of the organization. Signed by the General Director or other authorized person.

Copies of documents are certified by putting on each sheet the inscription "Correct" and the following details:

• the position of the person who certified the copy;
• personal signature;
• signature decoding (initials, surname);
• date of certification;
• HR print.

A copy of the work book is certified by an employee of the personnel department. To confirm the fact of the employee's work in the Organization, on the copy of the work book after the final entry, the employee of the personnel department indicates: "Works to the present." After this entry, a copy of the work book is certified in the general manner in accordance with clause 7.3 of the Instruction.

8. Use and storage of personal data of employees

Personal data of the employee - information necessary for the employer in connection with labor relations and pertaining to a particular worker.

When processing personal data of an employee of the Organization, that is, receiving, storing, transferring or any other use of personal data, employees of the personnel department are required to comply with the requirements established by labor law and Regulations on work with personal data of employees.

Learn more about data storage validation

Personal cards of employees, orders on personnel, certificates reflecting socio-demographic information about the employee and his work in the past, other documents containing personal data of employees and information directly related to the employee are stored in specially designated lockable cabinets.

Employment books are stored in fireproof safes.

9. The procedure for transferring documents for archival storage

The general procedure for preparing HR records for archival storage, including the formation and execution of files, the examination of the value of documents, the compilation of inventories of cases of permanent and temporary (over 10 years) storage and the transfer of cases to the archive, is regulated by the Records Management Instructions
Organizations.

Upon the expiration of the period of need, documents of personnel records management are transferred to archival storage in the prescribed manner or are allocated for destruction. The selection of documents for storage or destruction is carried out by conducting an examination of the value of documents.

Work on the Organization and examination of the value of documents of personnel records management is carried out by a permanent expert commission of the Organization.

10. Availability of a special assessment of the working conditions of workplaces.

All existing workplaces in the organization are subject to a special assessment of the working conditions of workplaces in terms of working conditions. For each workplace a map of a special assessment of the working conditions of the workplace according to working conditions should be drawn up. www.ceut.ru

The employer, based on the results of the assessment, can bring jobs in accordance with the requirements of GOST and other legislative acts, in order to free themselves from paying additional contributions to the Pension Fund.

The results of the research can be used to provide guarantees and compensations to workers, increase the level of protection of workers' rights, provide them with PPE, VCS, MO, risk assessment at the workplace.
A special assessment of working conditions must be carried out at least once every five years. Documents on special evaluation working conditions of jobs are stored in the organization for 45 years.

Application No. 1. Mandatory documents that must be maintained:

• work books;
• Book of accounting for the movement of work books and inserts to them;
• employment contracts;
• job descriptions;
• staffing;
• Orders for core activities;
• Orders on personnel (recruitment, transfer, dismissal);
• Applications of employees for dismissal on their own initiative, vacation;
• Applications of employees for the provision of holidays without pay and orders for the provision of such holidays;
• Internal labor regulations;
• Regulations on wages;
• Regulations on bonuses;
• Regulations on the personal data of employees;
• Vacation schedule;
• shift schedule;
• vacation orders;
• Personal cards of T-2 employees;
• Time sheet;
• Regulations on remuneration (on bonuses, on allowances, on remuneration for the year);
• Agreements on full liability(in case of mentioning responsibility in the job description);
• Documents on labor protection, including information on the passage of medical examinations;
• Check register.

The state labor inspectorate checks the correctness of maintaining personnel documents. This instruction "How to prepare for the arrival of the labor inspectorate" - developed by the auditor educational center labor protection, based on the requirements of GIT.
Pay attention to the availability of documents on labor protection and training documents.

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 from 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 for 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 related to the subject of the audit.
• Remove 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 is 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 documents correctly, conclude an employment contract with each employee, and introduce all necessary local acts. This is especially true for organizations that are checked most often (for example, catering establishments).

Labor inspectorate inspections are among the most “popular” among employers and are perhaps second only to tax authorities. If even one hired employee is involved in the company, sooner or later he will visit it relevant commission.

Grounds, subjects of verification and its varieties

Visits to the enterprise can be both planned and unannounced. In the first case, this is a direct reason for inspecting absolutely any company or institution.

Unscheduled commission comes only if there is a weighty arguments which could be:

• the expiration of the management's compliance with the order issued during the previous visit;
• signing a prosecutor's order on the need to inspect a specific object of labor activity;
• systematic delays in material accruals to employees;
• below the statutory minimum wage;
• non-compliance with the norms of the Labor Code of the Russian Federation;
• official complaints of workers about non-observance or infringement of their rights and freedoms.

Scheduled inspections are carried out according to the established schedule. The exception is new individual entrepreneurs registered after its approval.

The order of conduct and the boundaries of what is permitted

The procedure for conducting the work of the labor inspectorate commission has the following algorithm of actions:

• opportunity to visit the organization around the clock;
• requesting counter documentation from business partners of the company;
• taking samples of substances for laboratory research;
• investigation of injuries and accidents at the enterprise;
• drawing up an order to eliminate violations and comments;
• in case of non-submission of the claim to the courts with subsequent participation in its meetings.

Go beyond what is permitted:

• requests for disclosure of information not related to the subject of the audit;
• seizure of original documents.

Full list of documents for 2020

Defined full list documents that fall under the control of the executive bodies of this service:

• labor agreements, registration cards of staff units;
• all work books of employees;
• internal personnel registers;
• accounting sheets, on the basis of which wages are calculated;
• sheets of temporary disability;
• scheduled annual leave and personal statements of employees in this regard;
• payrolls;
• information on material resources paid to employees for the period under review;
• internal charter of the enterprise or regulation on its production activities and all related papers;
• statements of bonuses, encouragement, preferential compensation, allowances for harmfulness;
• sheets of familiarization of the team with internal orders and orders of the management.

Depending on the purpose of the visit, this list may be shortened. It is important to understand that the administration is obliged to provide all Required documents at the request of the inspector. Refusal is understood as a violation of established legislative norms.

HR documentation

The main activity of the labor inspectorate is verification of personnel documentation. In this case, the right of access to this category of internal accounting is regulated by Decree of the State Statistics Committee of the Russian Federation No. 1.

The document has legal force, has undergone a number of additions. It contains a list of primary personnel records, a form of forms that are mandatory for use regardless of the type of work activity. The only category to which this rule does not apply is budget institutions.

Local internal documents

This category includes labor agreements, papers regulating the internal mode of operation of the organization, the provision on material accruals and bonuses, an order on the personal protection of personal information of employees and commercial secrecy.

All of them are required to have legal compliance and not bear mutual contradictions.

Vacation schedule

The inspector needs to be sure that over the past period of time, employees have gone to another vacation annually, their schedules were not violated, and vacation accruals were carried out regularly and completely.

The date of approval of the schedule for the next year is also important. This must be done no later than December 15th. The document must not be in conflict with the legislative acts RF. If the staff unit goes on vacation at the wrong time, this fact should be internal order of the head.

Salary payment

Most important point in the work of the inspector. Violations will not be detected if payments were made regularly, twice a month. The terms and place of settlements with employees must be indicated in collective labor agreement.

The value is also carefully checked. financial reward for the work done. It takes into account all forms of surcharges that exist in the enterprise. The situation with dismissed employees is also under control - all financial settlements with them must be carried out in a timely manner.

Information related to labor protection

This area of ​​inspection involves checking the working conditions of workers, their training and timely briefings, the availability of funds personal protection, if necessary, and compliance with safety measures at work.

Subject to verification the documents, reflecting the facts of the certification of employees and workplaces for compliance with established standards, depending on the type of activity.

Dates

Regulatory Framework strictly regulated timing of inspections. Depending on the type of work activity, next maximum allowable period:

• for branches large organizations and production centers - no more than 60 days;
• for small and medium individual businesses - within 50 hours;
• for micro-companies - no more than 15 hours;
• for other groups of organizations - no more than 20 calendar days.

As part of the inspection and on the basis of the results obtained, a relevant act. It is drawn up in duplicate - either directly at the enterprise, or the employer is summoned to the labor inspectorate.

If violations are revealed during the inspection, and this happens practically in 90% cases, the inspector will first write an order for the elimination of comments, which contains the following information:

• the essence of the detected violations - with a detailed description of the situation;
• reference to the legal framework and legislative acts governing this process;
• the time allotted to management to eliminate deficiencies and violations.

Fines and administrative investigation

If, after the expiration of the period prescribed in the inspection order, the administration has not taken appropriate measures, the violator may be subject to fine system or an internal investigation was carried out and an administrative penalty was imposed on those responsible for these shortcomings.

So, for the proven fact of violation of the current legislation, a material penalty for individual amount to up to 5000 rubles. For the legal from 30,000 to 50,000 rubles.

In case of discovery of repeated facts - from 10,000 to 100,000 rubles. respectively. This article also provides for the deprivation of the guilty employee of the qualification for a period of three years.

For serious violations, for example, the systematic avoidance of the employer from entering into labor agreements with employees or the admission to work of persons who do not have legal rights to do so, a fine is expected from 30,000 to 200,000 rubles.

Administrative investigation is carried out:

1. Based on the facts of detected violations, as a final action - if a deeper check is required, interviewing witnesses and employees involved. In addition, information is collected from injured workers.
2. As a response to a complaint filed with the inspection bodies, or receipt of information about the presence of administrative illegal actions in order to verify their reliability.

The paper, which is the basis for launching the investigation mechanism, is called definition.

The duration of the event is within 30 days since its inception.

Additional information about checks state inspection on labor presented in the video.