What does git check during a routine check? Preparing for the GIT inspection: a checklist for the personnel officer. Characteristics of a scheduled inspection

We will describe in detail what the labor inspectorate checks during a scheduled inspection in this material, and we will also explain how the inspection plan for the State Labor Inspectorate is formed, where to get acquainted with it and what powers the inspectors have.

Regulatory regulation of scheduled inspections of the labor inspectorate

The legal basis for conducting inspections by the State Labor Inspectorate is contained in the following regulations:

• convention International organization Labor “On Labor Inspection...” dated July 11, 1947 No. 81 (hereinafter referred to as the ILO Convention);
• chapter 57 Labor Code RF (hereinafter referred to as the Labor Code of the Russian Federation);
• Law “On the Protection of Rights...” dated December 26, 2008 No. 294-FZ (hereinafter referred to as Law 294-FZ);
• Regulations on supervision of compliance with labor legislation, approved. Decree of the Government of the Russian Federation dated September 1, 2012 No. 875 (hereinafter referred to as the Regulations);
• Administrative regulations for the performance by the State Labor Inspectorate of the function of supervising compliance with labor legislation, approved. by order of the Ministry of Labor dated October 30, 2012 No. 354n (hereinafter referred to as the Regulations);
• Methodological recommendations for planning GIT in the constituent entities of the Russian Federation of activities to supervise compliance with labor legislation, approved. by order of Rostrud dated October 28, 2010 No. 455 (hereinafter referred to as the Methodological Recommendations).

What does the State Tax Inspectorate check during a routine inspection?

Supervisory activities labor inspection is aimed at detecting any violations of labor legislation and bringing those responsible to justice. For this purpose, the law specifically provides for such a form of supervision as conducting scheduled and unscheduled inspections (Article 356 of the Labor Code of the Russian Federation).

Methodological recommendations (subclause 2.6, clause 2) highlight comprehensive and thematic scheduled inspections of GIT. The subject of the first is compliance with labor legislation in general (by main institutions labor law). Thematic checks may concern a specific aspect labor relations, For example:

• their proper registration;
• wages;
• concluding a collective agreement;
• working time and rest time;
• providing guarantees and compensation;
• provision of personal protective equipment;
• registration and investigation of industrial accidents;
• respect for women's labor rights, etc.

In practice, the plans indicate “compliance with labor and labor protection legislation” as the purpose of the inspection. It is hardly possible to predict in advance what exactly inspectors will be interested in.

The State Tax Inspectorate also has the right to verify compliance with orders to eliminate violations and take measures to prevent them, issued based on the results of previously conducted inspections.

The employer's compliance with the terms of local regulations (LNA), collective and labor agreements is not directly included in the subject of GIT inspections. But the obligation to fulfill them is established in Part 2 of Art. 22 Labor Code of the Russian Federation. Therefore, checks are carried out in this part as well.

How to find out when there will be a scheduled GIT inspection in 2018?

How to find out when the labor inspectorate will check? You can do this in 2 ways:

• Firstly, labor inspectorates in the constituent entities of the Russian Federation are required to publish plans on the official website on the Internet (Part 5, Article 9 of Law 294-FZ). Typically the plan is posted as an Excel file. Among other information, the month the inspection began is indicated. The placement period is until December 1 of the year preceding the year of inspection (clause 40 of the Regulations).
• Secondly, before December 31 of each year, information about inspections for the next year is included in a single consolidated plan for inspections of business entities (Part 7, Article 9 of Law 294-FZ).

On the website of the Prosecutor General's Office of the Russian Federation there is a service that allows you to find out whether there are inspections planned for an enterprise (and not only from the State Tax Inspectorate). To do this, it is enough to enter at least the TIN of the organization or entrepreneur. The result will show:

• inspection bodies;
• subject of inspection;
• month the inspection began;
• period of verification activities.

It is impossible to know the specific start date of the inspection in advance. However, according to Part 12 of Art. 9 of Law 294-FZ, the enterprise is notified of the start of control measures no later than 3 working days before the start by sending a copy of the relevant order.

Frequency of planned control by labor inspectorate

Previously, GIT inspections were carried out no more often than once every 3 years. Since February 2017, a risk-based approach has been applied to labor supervision (clause 17 of the Regulations). Inspection plans for 2018 were developed taking this approach into account.

The essence of the approach is that all organizations and entrepreneurs are assigned a certain risk category. The procedure for its assignment is regulated by the Rules, approved. Decree of the Government of the Russian Federation dated August 17, 2016 No. 806. Depending on the risk category, the frequency of inspections is established:

• high - once every 2 years;
• significant - once every 3 years;
• average - once every 5 years;
• moderate - once every 6 years.

IMPORTANT! Scheduled inspections of low-risk enterprises are not carried out. If a risk category has not been assigned, the enterprise is considered to have low risk.

Information about companies with the first two risk categories is published on the official website of the Federal Service for Labor and Employment. In addition, any enterprise can find out its risk category by written request to the State Labor Inspectorate. The response is sent within 15 working days from the date of receipt of the request. It is possible to submit an application to change the risk category.

For enterprises operating in the fields of healthcare, electricity, education and some others, special inspection periods are established, regardless of the risk category (see Part 9, Article 26.1 of Law 294-FZ; List approved by Decree of the Government of the Russian Federation dated November 23. 2009 No. 944). They can be checked even more often than once every 2 years.

Principles for forming a GIT inspection plan

An exhaustive list of grounds for conducting scheduled inspections by the labor inspectorate is established in Part 8 of Art. 9 of Law 294-FZ. They are the expiration of the above deadlines from the date:

• Registration of an organization or entrepreneur.
• The end of the previous scheduled inspection.
• The enterprise begins to conduct certain types of business activities.

In the event of unfounded inspections, the following consequences simultaneously occur:

• their results are invalid;
• guilty officials are subject to administrative liability under Art. 19.6.1 Code of Administrative Offenses of the Russian Federation.

In accordance with Art. 26.1 of Law 294-FZ, scheduled inspections are not carried out in relation to small businesses until the end of 2018. There are 2 exceptions:

1. Companies for which special inspection periods have been established (we mentioned them earlier).
2. Enterprises that, based on the results of a previous scheduled inspection carried out over the previous 3 years, were held administratively liable for gross violations legislation or suffered punishment in the form of suspension/revocation of a license, disqualification, or suspension of activities.

Small businesses unreasonably included in the inspection plan have the right to apply for exclusion from this plan.

Let us note that the presence of grounds for a scheduled inspection does not mean that the company will certainly be included in the plan. And if it is not included in the approved plan, then its inclusion there in the future is not allowed. The exhaustive grounds for adjusting the plan are contained in clause 41 of the Regulations. They only concern exclusions from the plan and changes in information about those being audited.

Powers of inspectors during inspections

The rights of state labor inspectors are enshrined in Art. 357 Labor Code of the Russian Federation. So, as part of the check they can:

• at any time of the day, freely visit the territory of any employers (including individuals);
• request documents, explanations and other information from employers;
• select samples of processed and used substances and materials for analysis, etc.

In addition, on the basis of Art. 12 of the ILO Convention, GIT inspectors can ask questions directly to the enterprise personnel.

At the same time, inspectors must strictly comply with the requirements of the law (Article 358 of the Labor Code of the Russian Federation). The employer needs to examine what responsibilities and limitations are imposed on inspectors. In case of violations, their actions should be appealed. Thus, inspectors can enter the employer’s territory only upon presentation of their official identification and an inspection order (clause 47 of the Regulations).

Restrictions for inspectors are set in Art. 15 of Law 294-FZ. For example, it is prohibited:

• carry out an inspection in the absence of the head of the enterprise, entrepreneur, other official or their authorized representatives;
• request information not related to the subject of the inspection;
• disseminate information obtained during the inspection that constitutes a secret protected by law;
• offer to pay control activities;
• require information before the inspection begins, etc.

Unreasonably obstructing inspectors or evading an inspection threatens the employer with fines under Part 1 of Art. 19.4 and/or art. 19.7 Code of Administrative Offenses of the Russian Federation.

What documents may the State Tax Inspectorate require?

Representatives of the labor inspectorate have the right to demand from the employer any documents related to the subject of the inspection. Among them:

1. Charter of the organization, certificates of registration and registration with the tax office, regulations on the branch, etc.
2. Personnel documents: labor and collective agreements, work books, orders, staffing tables, time sheets, etc.
3. Local regulations: about remuneration, personal data, business trips, internal rules labor regulations, on labor protection, etc.
4. Accounting documents relating to accrual and payment wages: pay slips, personal accounts, payslips, etc.
5. Logs of safety briefings, accident records, etc.

IMPORTANT! Inspectors do not have the right to request information that they can obtain as part of interdepartmental interaction: information from the Unified State Register of Legal Entities, Unified State Register of Individual Entrepreneurs, Unified State Register of Entities, data on the status of settlements for insurance premiums, etc. (Clause 8 of Article 15 of Law No. 294-FZ, p. 51.1 of the Regulations).

The law does not establish restrictions on the period for which the inspection is carried out. However, it is possible that the storage period for the documents has expired and they have been destroyed. Then the employer may not provide these documents by sending written explanations about the reasons for their absence. Please note that shelf life personnel documents and other documents related to labor relations are established in the list, approved. by order of the Ministry of Culture dated August 25, 2010 No. 558.

Planned control activities of the State Labor Inspectorate are aimed at identifying and suppressing violations of labor legislation and bringing those responsible to justice. The audit can be devoted to both general institutions of labor law and specific ones. It is impossible to know in advance which documents the supervisory authority will be interested in. The employer is recommended to review the inspection plan annually to meet inspectors fully prepared.

State monitoring of employers' compliance with labor law norms is carried out by labor inspectorates (Article 353 of the Labor Code of the Russian Federation). State Labor Inspectorates carry out the functions assigned to them through inspections - scheduled and unscheduled. You can learn that an enterprise should prepare for a visit from labor inspection specialists from the published schedules of inspection activities for the year.

Labor inspectorate inspection plan for 2018

The inspection schedule is formed a year in advance, taking into account the provisions of the Decree of the Government of the Russian Federation on the preparation of annual inspection plans dated June 30, 2010 No. 489 (as amended on September 9, 2016). Its compilation is carried out in several stages:

• V this year analytical reports on previously conducted inspections are prepared, “draft” schedules of on-site inspections for the next year are created, taking into account the gradation of employers according to the degree of risk of detection of offenses;
• from June to September Rostrud compiles lists of those subject to inspection in next year enterprises and individual entrepreneurs, this data is sent to the prosecutor's office;
• the prosecutor’s office agrees on the schedule within a month, all comments and wishes are communicated to the plan’s drafters;
• October is dedicated to making adjustments to the schedules and creating their final version;
• before November 1, the labor inspectorate submits the final version of the inspection plan (for 2018 or another period) to the prosecutor's office, which, before December 1, sends the plan of all inspections for approval to the Prosecutor General's Office of the Russian Federation, after which a consolidated plan of inspection activities of government agencies is drawn up;
• by the end of the year, the Prosecutor General's Office must publish a consolidated verification schedule on its website on the Internet (this algorithm for drawing up a plan is prescribed in Article 9 of Law No. 294-FZ of December 26, 2008).

The labor inspectorate inspection plan for 2018 includes legal entities and individual entrepreneurs that have been operating for at least 3 years. The frequency of monitoring procedures is determined taking into account the risk factor assessed by the labor inspectorate. The 2018 inspection schedule is presented in table form with the following data:

• region of the Russian Federation;
• names of employers indicating their registration data (address, OGRN and TIN);
• the purpose of verification activities; justification of the reasons for inclusion in the labor inspectorate inspection schedule for 2018;
• the date on which the start of the inspection is scheduled;
• the period of work of a labor inspector when inspecting a specific employer (in working days, hours);
• the form of inspection is indicated - with a visit to the employer’s facilities (on-site) or at the labor inspector’s workplace (documentary);
• the name of the department of the government agency that will conduct the inspection together with the labor inspectorate;
• risk class assigned to the employer in matters of compliance with labor law.

The labor inspectorate cannot include small businesses in scheduled inspections for 2018 (Article 26.1 of Law No. 294-FZ). This restrictive rule is temporary and will no longer apply to 2019.

In 2018, this exception does not apply to representatives of small businesses and individual entrepreneurs who operate in the following areas (Part 9, Article 9 of Law No. 294-FZ):

• healthcare sector;
• provision of educational services;
• system social security and service;
• heat supply structures;
• introduction of energy-saving technologies.

The inspection plan for 2018 includes firms and individual entrepreneurs working in these areas - inspections can be carried out at intervals of two times every three years (specific types of activities and periods of scheduled inspections for them are established by Government Resolution No. dated November 23, 2009). 944).

The full list of business entities subject to inspection in 2018, presented on the Rostrud website, can be found ]]> ]]> .

The labor inspectorate of each region of the Russian Federation traditionally approved the inspection plan for 2018 at the end of 2017. Let us consider the features of inspection activities carried out by the labor inspectorate for 2018.

Labor regulation: from the Ministry of Labor to the labor inspectorate

Labor legislation covers very wide range issues (registration of hiring and dismissal, establishment of rest time, organization, labor protection and discipline, work in special conditions or for special categories of employees, responsibilities of the parties, features of calculations and determination of deadlines). And this requires not only the settlement of individual issues that arise in the process of its application, but also updating (if the need arises) of existing standards, as well as systematic monitoring of compliance with established rules.

The body that carries out legislative developments in the field of labor is the Ministry of Labor of Russia (Ministry of Labor and social protection RF), and labor issues are not the only ones under his jurisdiction. The structure of the Ministry of Labor includes an executive body, whose activities are focused exclusively on the implementation of labor legislation and related topics (providing employment, social support vulnerable segments of the population, issues of labor migration, resolution of collective labor disputes). This is the Federal Service for Labor and Employment (Rostrud).

In the regions, Rostrud operates through its territorial divisions - labor inspectorates, providing not only general management of their activities, but also ensuring their interaction with other authorities of all levels and with public associations. Thus, labor inspectorates directly work with employers in each of the constituent entities of the Russian Federation. And they plan their work, drawing up work plans for each next calendar year in relation to their main task (control).

Speaking about such a plan, it is not entirely correct to call it, for example, “the inspection plan of the Ministry of Labor for 2018,” since the Ministry of Labor itself does not conduct such inspections. It would be more correct to use the definitions “Rostrud inspection plan for 2018” or “labour inspectorate inspection plan for 2018”.

On what basis and what does Rostrud control?

Basic issues of monitoring compliance with labor legislation are included in a separate chapter in the Labor Code of the Russian Federation (Chapter 57). This is where it is indicated that this process is carried out federal body executive power, specially authorized for this, and its territorial divisions (Article 354 of the Labor Code of the Russian Federation).

Issues to be checked include:

• respecting the labor rights of workers;
• creation safe conditions labor;
• occurrence of cases of industrial injuries;
• social security of employees;
• carrying out certification of workplaces.

For this purpose, state inspectors are granted the following rights (Article 357 of the Labor Code of the Russian Federation):

• unhindered access to employers' premises at any time of the day;
• request necessary documents, explanations and information;
• removal of samples for analysis with the execution of a report on this;
• independently conducting accident investigations or participating in such investigations;
• issuing mandatory orders:
  • on eliminating identified violations;
  • on bringing the perpetrators to justice, up to and including their removal from work;
  • suspension of the activities of unsafe industries up to the submission of demands to the court for their liquidation;
  • prohibition of the use of personal protective equipment that does not meet the requirements;
• administrative punishment of the perpetrators and transfer of materials on them to law enforcement agencies and to court.

At the same time, inspection inspectors must strictly comply with the law, not allow infringement of the rights of employers and not disclose information that has become known to them that constitutes a secret at any of the existing levels.

Principles for establishing the frequency of inspections

The control procedure carried out by the labor inspectorate is regulated by the Regulations on federal state supervision of compliance with labor legislation, approved by Decree of the Government of the Russian Federation dated September 1, 2012 No. 875. This document prescribes scheduled and unscheduled inspections, conducting them in a documentary and (or) on-site manner.

The need for unscheduled inspections arises in situations:

• the expiration of the period allotted by the order to eliminate the identified violations;
• receipt of complaints to the inspectorate about violations committed by the employer;
• the occurrence of an order from a higher authority.

Scheduled inspections are carried out once every few years (from 2 to 6). This frequency is determined by the risk category with which each employer is assessed. The frequency depending on the risk category is as follows:

• 2 years – high risk;
• 3 years – significant risk;
• 5 years - average risk;
• 6 years – moderate risk.

This frequency is what the annually drawn up inspection plans are based on. At the end of 2017, labor inspectorates approved inspection plans for 2018.

The criteria for classifying an employer into one category or another are given in the appendix to the Regulations on State Labor Supervision, approved by Decree of the Government of the Russian Federation No. 875.

Lists of employers classified as high risk can be found on the Rostrud website, broken down by region. They are drawn up in advance (no later than six months before the planned year of the inspection) and allow the employer to take measures to reduce the risk category. But in order for this to affect an already assigned category, you will have to submit a corresponding application to the State Labor Inspectorate.

What's new in labor inspection inspections in 2018?

From 01/01/2018, the text of the Regulations on State Labor Supervision, approved by Government Decree No. 875, was updated by Decree of the Government of the Russian Federation dated 09/08/2017 No. 1080.

In terms of the inspection procedure, the changes boiled down to the following: when conducting scheduled inspections, inspectors are required to use an approved checklist to collect information on compliance with labor legislation. These questions relate to the most significant points reflecting compliance with labor law standards. The scope of the scheduled inspection should be limited to these issues.

In the period from January to June 2018, the use of such lists is mandatory when conducting inspections of employers classified as moderate risk, and from 07/01/2018 they are used when inspecting all employers (clause 2 of Government Resolution No. 1080).

The forms of checklists reflecting the list of questions for each of the items of the scheduled inspection (their total number is 107) are given in the appendices to the order of Rostrud dated November 10, 2017 No. 655.

Where can I find the Rostrud inspection plan for 2018?

Where can I find out the labor inspectorate inspection plan for 2018? It is available for viewing on the Rostrud website.

WITH home page, by selecting the “Labor Inspection” icon, proceed to selecting the desired region. The choice is made either by marking the corresponding territory on the map of the Russian Federation, or by entering the name of the locality in the search bar. And already on the page of the selected subject of the Russian Federation in the menu of pages offered for viewing, we look for the words “Inspection Plan”. On the page dedicated to them, among the plans you need to find one relating to 2018.

The plan can be single for a constituent entity of the Russian Federation or broken down by type of employer being inspected or individual territories of the region. But in any case it will be compiled according to standard form, approved by Decree of the Government of the Russian Federation dated June 30, 2010 No. 489. The form assumes that it reflects:

• information about the person being checked (name, address, codes);
• information about the inspection (purpose, basis, timing, form of conduct);
• consequences of an inspection carried out against a small business entity (administrative punishment, suspension or revocation of a license);
• information about risk category assignment.

The labor inspectorate will adhere to the approved inspection plan for 2018 when carrying out control activities. But the plan can be adjusted, and then information about the changes made to it will also appear on the Rostrud website on the page of the corresponding region dedicated to the plan.

Results

The need to verify the employer’s compliance with the requirements of labor legislation is included in the text of the main document on labor - the Labor Code of the Russian Federation. Such activities are carried out by labor inspectorates, which are territorial divisions of Rostrud. Inspections are divided into scheduled and unscheduled. The frequency of scheduled inspections depends on the risk category assigned to the employer. From 01/01/2018, the subject of the scheduled inspection is limited to the approved list of questions related to a specific topic of the control event.

The State Labor Inspectorate (GIT) is the main “detector” of violations of labor legislation committed by employers. The frequency of detection of violations depends not only on the specifics of the activities of employers, but also on the already developed line of inspection activities of state labor inspectorates. Let's take a closer look at where exactly employers make mistakes.

In general, violations identified over the last three to four years can be classified into several groups, doing this in a similar way to the sections of the Labor Code of the Russian Federation.

The most “popular” violations are identified in the region:

• conclusion, modification and termination of an employment contract;
• remuneration, including upon dismissal;
• labor protection;
• work and rest schedule;
• failure to provide guarantees and compensation provided for by the Labor Code of the Russian Federation;
• labor discipline and penalties;
• guarantees provided by the Labor Code of the Russian Federation to certain categories of workers;
• advanced training;
• violations when adopting local regulations;
• compliance with legal requirements when applying foreign work force.

1. Violations when concluding, amending and terminating an employment contract

Since labor relations with employees begin from the moment the employment contract is concluded, this is where the first violations occur. According to GIT inspections, they most often consist of the following:

• employment contract in violation of the requirements of Art. 67 of the Labor Code of the Russian Federation is not concluded in writing;
• not included in the employment contract prerequisites, established by Art. 57 of the Labor Code of the Russian Federation (most often the terms of remuneration (amount tariff rate or employee’s salary, additional payments, allowances and incentive payments));
• When hired, the employee was not familiarized with the Internal Labor Regulations, the collective agreement, the Regulations on remuneration and other local regulations related to labor function employee (Article 68 of the Labor Code of the Russian Federation);
• the hiring was not formalized by order (instruction) of the employer or was not announced under a personal signature within three days from the date of signing the employment contract (Article 68 of the Labor Code of the Russian Federation);
• persons under 18 years of age were hired without undergoing a mandatory medical examination (Article 69 of the Labor Code of the Russian Federation) or to work under hazardous working conditions (Article 265 of the Labor Code of the Russian Federation);
• the procedure for maintaining and storing the work book was violated (information about transfers, awards, dismissals was not entered, the wording of the dismissal records does not correspond to the wording of the Labor Code of the Russian Federation, etc. federal law; on the day of dismissal, a work book was not issued) (Article 66 of the Labor Code of the Russian Federation);
• the two-month period for notifying the employee about changes in the terms of the employment contract determined by the parties was not observed (introduction of new forms of remuneration, change in work hours, etc. - Articles 72, 74 of the Labor Code of the Russian Federation);
• a test has been established for hiring persons for whom the test is not established (those applying for work through a competition, pregnant women, minors elected to elective position for paid work, those entering work for the first time after graduation educational institutions vocational training);
• instead of an employment contract, a civil law one was concluded (contract, provision of services, assignments, etc.), or a fixed-term employment contract was concluded in cases not provided for in Art. 59 Labor Code of the Russian Federation.

In most cases, violations are detected either during a scheduled inspection of the State Inspectorate, or an unscheduled inspection based on a written complaint from an employee. Often, it can be initiated by the prosecutor’s office, to which workers turn no less often than to the state labor inspector.

At concluding an employment contract the most common is the absence of a written employment contract and/or employment order (Articles 67 and 68 of the Labor Code of the Russian Federation).

One of the common types of violations when concluding an employment contract is its specific subtype: hiring workers without the presence of mandatory documents for them, established by both the Labor Code of the Russian Federation and others legislative acts. Such documents, for example, are a driver’s license for a driver, a certificate of admission to work in a certain electrical safety group for an electrician, a certificate of no criminal record for persons applying for work in child care institutions.

Example 1

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GIT qualified the hiring of employees who did not submit a certificate of the presence (absence) of a criminal record and/or facts of criminal prosecution in their personal files as a violation of Art. 65, 351.1 Labor Code of the Russian Federation. A decision was made against a legal entity imposing an administrative penalty in the form of an administrative fine.

Violations in the area changes to the employment contract Most often they involve incorrect registration of employee transfers to another job. The employer, as a rule, violates the requirement for the employee’s written consent to the transfer.

Even more often, according to inspections of the State Labor Inspectorate, violations occur when the terms of the employment contract determined by the parties are changed, in terms of the procedure for remuneration and components wages.

Example 3

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In violation of Art. 74 of the Labor Code of the Russian Federation, the employer did not notify employees in writing about the change in the remuneration system at the Beloyarsky CD&T Municipal Institution. The manager was issued an order and was brought to administrative responsibility.

At termination of an employment contract inspectors often note violations of the procedure for termination (for example, a fixed-term employment contract or on the basis provided for in Article 71 of the Labor Code of the Russian Federation - based on the results of an unsatisfactory test), as well as the requirements of the Labor Code of the Russian Federation on the performance of certain actions by the employer on the day of dismissal - on issuing a work book and conducting final settlement.

2. Violations in the field of remuneration, including dismissal

Violations in the field of remuneration occupy, perhaps, the second place in the frequency of violations of labor legislation. In this case, the following types of GIT are recorded:

• payment of wages once a month (Article 136 of the Labor Code of the Russian Federation);
• delay in payment of wages (Article 136 of the Labor Code of the Russian Federation);
• failure to pay all amounts due upon dismissal (Article 140 of the Labor Code of the Russian Federation).

ABOUT judicial practice For more details, read the article "" on page 80 of magazine No. 2" 2012

Article 136 of the Labor Code of the Russian Federation establishes that wages are paid at least every half month on the day established by the internal labor regulations, collective agreement, or employment contract. However, in many enterprises with financial difficulties and a small workforce, as well as those who use “black cash” when making payments to employees, such a violation is common. There are even cases when the employer is simply too lazy to pay wages twice a month, burdening both the accountant and the cashier, carrying out transactions on the current account, etc.

Note that failure to pay employees all amounts due upon dismissal on the day of dismissal from work is a very common violation of the requirements of the Labor Code of the Russian Federation. In this case, the requirement of Art. 140 of the Labor Code of the Russian Federation: upon termination of an employment contract, payment of all amounts due to the employee is made on the day of his dismissal. If the employee did not work on the day of dismissal, then the corresponding amounts must be paid no later than the next day after the dismissed employee submits a request for payment. Most often, this violation is established not during scheduled inspection activities, but as a result of an unscheduled inspection carried out on the basis of a request from an already dismissed employee in respect of whom the violation was committed.

Example 4

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On November 12, 2011, the State Tax Inspectorate revealed violations of Art. 140, 183 of the Labor Code of the Russian Federation regarding non-payment of full monetary compensation upon dismissal, including benefits for temporary disability. The manager was issued an order, he was brought to administrative responsibility under Part 1 of Art. 5.27 of the Code of Administrative Offenses of the Russian Federation in the form of an administrative fine.

Practice shows that in violation of Art. 136 of the Labor Code of the Russian Federation, which is expressed in delays in wages, relapses are very often recorded. This state of affairs is usually associated with an unstable financial situation at the enterprise. However, the organization is not necessarily in bankruptcy. A common reason is non-payments on the part of counterparties, a situation of conflict with tax and customs authorities that arose as a result of under-assessment of taxes, non-payment of customs duties. And, as a result, account transactions are suspended. And this prevents timely settlements with your own employees for wages without performing certain complex and lengthy actions to receive Money from your own account to pay employees. However, the indicated “plight” situation of the employer enterprise does not in any way affect its obligation to pay timely wages, as well as the liability to which it may be held for this type violations of the Labor Code of the Russian Federation.

Example 5

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On November 18, 2011, the State Tax Inspectorate conducted an inspection of the execution of the previously issued order to pay wage arrears to the employees of the Bezenchuk Communal Services Municipal Unitary Enterprise. The order was not fulfilled. A protocol was drawn up on bringing a legal entity to administrative liability under Part 1 of Art. 19.5 of the Code of Administrative Offenses of the Russian Federation, which was sent to court.

Debt to employees may be small in size and duration, but this does not affect not only the possibility of bringing the employer to administrative responsibility, but also the size of the sanction.

3. Violations in the field of labor protection

The types of violations in the field of labor protection almost exceed in number the violations detected during the conclusion, modification and termination of an employment contract. Their diversity is due to big amount requirements of the Labor Code of the Russian Federation in this area. Therefore, for almost every requirement established by the Labor Code of the Russian Federation there is its own violation and its own violator.

Most often, employers ignore the requirements for conducting workplace certification , established by Art. 209-212 Labor Code of the Russian Federation. Let us recall that certification of workplaces for working conditions is an assessment of working conditions at workplaces in order to identify harmful and (or) dangerous production factors and implementation of measures to bring working conditions into compliance with state regulatory requirements for labor protection.

Certification of workplaces for working conditions is currently carried out in the manner established by order of the Ministry of Health and social development RF dated April 26, 2011 No. 342n “On approval of the Procedure for certification of workplaces based on working conditions.” It should be noted that the timing of certification is set by the employer, but certification cannot be carried out less frequently than every five years for each workplace.

Certification of workplaces is a costly, rather lengthy undertaking and has many nuances that can lead to its invalidity. Not wanting to get involved with such a questionable matter from the point of view of productivity and necessity, employers often ignore the legal requirements in this area of ​​labor protection.

Example 6

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Based on the results of an inspection carried out at LLC Most on November 21, 2011, the GIT found that the company had not certified workplaces for working conditions; register registration induction training did not meet the requirements of GOST 12.0.004-90; The contingent of persons subject to mandatory preliminary and periodic medical examinations does not include office employees working with PCs. An order was issued to eliminate violations of labor legislation; the guilty official was brought to administrative liability under Part 1 of Art. 5.27 Code of Administrative Offenses of the Russian Federation, in the form of a fine.

Keep in mind that even an employee’s failure to familiarize himself with the workplace certification card for working conditions is assessed as a violation of labor legislation. Thus, in November last year, the Financial Service of the Kuibyshevskaya Administration was brought to justice for this violation. railway branch of JSC Russian Railways.

Often, the employer ignores the requirements of the Labor Code of the Russian Federation in terms of conducting medical examination their employees. The mandatory nature of this procedure is stated in Art. 213 of the Labor Code of the Russian Federation, requiring it to be carried out for workers engaged in heavy work and work with hazardous and/or hazardous conditions labor (including underground work), as well as work related to traffic (preliminary - upon entry to work and periodic (for persons under the age of 21 - annual) medical examinations (examinations)). Employees of organizations must also undergo a medical examination Food Industry, Catering and trade, water supply facilities, medical and preventive care and children's institutions, as well as some other employers.

Most often, the requirement to conduct a medical examination is violated at those enterprises that are less frequently subject to inspections in this regard. For example, “office” companies or those that are not directly related to production. But at food industry enterprises and in child care institutions, in industries with harmful factors such a violation is less common due to their frequent inspections to ensure compliance with these legal requirements.

Example 7

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The State Tax Inspectorate revealed violations of the requirements of Art. 212, 213, 221 of the Labor Code of the Russian Federation in Samara River Passenger Enterprise LLC. In particular, the organization did not conduct preliminary and periodic medical examinations; employees were not provided special clothing, shoes and other personal protective equipment. The director was fined.

Absence occupational safety training (that is, a violation of the requirements of Articles 212, 225 of the Labor Code of the Russian Federation) in most cases is detected during scheduled inspections of the GIT.

Read more in the article “” on page 12 of magazine No. 2’ 2012

Quite a lot of violations of labor and labor protection legislation are committed by employers when investigation of industrial accidents .

Such violations include:

• failure to timely inform relevant supervisory authorities about injuries with serious outcomes;
• failure to create commissions to investigate the circumstances and causes of an accident at work with an easy outcome;
• incomplete completion of the established forms for conducting investigations of industrial accidents with a minor outcome (protocols for interviewing the victim, officials; protocols for inspecting accident sites; documents confirming the training and instruction of workers on labor protection and safe methods of performing work in their profession or type of work; documents , confirming the issuance of PPE to the employee);
• absence in the acts in form N-1 of a record of familiarization with them to employees and handing over of copies.

Often, such violations are revealed only when it comes to initiating a criminal case regarding the death of an employee. The amount of the fine also differs from that usually applied under Art. 5.27 Code of Administrative Offenses of the Russian Federation.

Example 8

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An audit at RSU Primorsky District LLC established the fact of a fatal industrial accident that occurred in February 2011 with a citizen of the Republic of Ukraine. The accident was not investigated by the employer. Based on the results of the inspection, the assistant to the prosecutor's office sent materials to the Primorsky District Court on the suspension of the Company's activities. The State Tax Inspectorate issued an order to the employer obliging him to conduct an investigation in the prescribed manner. OJSC RSU Primorsky District was found guilty of committing an administrative offense and fined 50,000 rubles. In addition, it was established that there was an employment relationship with a foreign worker who did not have a properly issued work permit. The materials were sent to the Federal Migration Service for St. Petersburg and the Leningrad Region to bring the employer to administrative responsibility for this violation as well.

Another important aspect to keep in mind: it is violations in the field of labor protection that lead to accidents at work.

4. Violations in the field of work and rest regime

Systematized data from inspections of the State Labor Inspectorate showed that the most common violations of the requirements in the area of ​​work and rest are:

• Art. 100, 103, 108, 123 of the Labor Code of the Russian Federation, related to the lack of local regulations in organizations regulating working time and rest time (internal labor regulations, shift schedules, vacation schedules);
• Art. 125 of the Labor Code of the Russian Federation, caused by the recall of employees from vacation without their written consent;
• Art. 114-117, 124, 125 of the Labor Code of the Russian Federation, related to the provision of vacations of shorter duration to employees than established by labor legislation, as well as the failure to provide employees engaged in work with harmful and/or dangerous working conditions with annual paid vacations and additional paid vacations;
• Art. 126, 127, 291 of the Labor Code of the Russian Federation, caused by the replacement of unused vacation by an employee with monetary compensation, non-payment monetary compensation for unused vacation upon dismissal;
• Art. 284 of the Labor Code of the Russian Federation, related to the employer’s failure to comply with working time standards for persons working part-time.

Example 9

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GIT in the Primorsky Territory revealed a violation of the requirements of Part 1 of Art. 123 of the Labor Code of the Russian Federation in the Municipal Children's and Youth Sports School "Vodnik", which was expressed in the preparation of not one (single), but two vacation schedules for 2010 - for the teaching and other school staff. In addition, both vacation schedules for 2010 were approved on May 1, 2010.

5. Violations in the field of provision of guarantees and compensation

Guarantees and compensation are established in Section VII of the Labor Code of the Russian Federation. Cases of providing guarantees and compensation are listed in Art. 165 Labor Code of the Russian Federation. In addition to the general guarantees and compensations provided for by the Labor Code of the Russian Federation (guarantees for hiring, transfer to another job, wages, etc.), employees are provided with guarantees and compensation, for example, when sent to business trips, moving to work in another area; when combining work with training, etc.

Example 10

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In the USO Khanty-Mansi Autonomous Okrug - Yugra KTsSON "Zashchita" the employee was not paid compensation for the cost of travel and baggage transportation to the place of use of the vacation and back, requiring confirmation of the purchase of the ticket cash register equipment. Based on the results of the inspection, an order was issued with demands to eliminate the violation of labor legislation.

As the practice of the State Tax Inspectorate shows, violations in the field of guarantees and compensation are revealed, as a rule, during comprehensive inspections. The reason for this is the failure of workers to report these types of violations to state labor inspectors, since labor relations most often continue. Despite the State Tax Inspectorate’s guarantee that the author of the complaint will remain incognito for the employer, the likelihood of identifying the “complainant” is quite high. And since no one wants to fall into disgrace just because of a complaint to the State Labor Inspectorate, most workers prefer to resolve the issue of providing guarantees and compensation peacefully.

6. Violations when applying disciplinary sanctions

If we talk about disciplinary sanctions, then, according to inspections of the State Tax Inspectorate, the procedure for their application is most often violated due to the lack of explanations from the guilty persons, which are either not requested at all, or are requested after the order is issued. Based on Art. 193 of the Labor Code of the Russian Federation, before applying a disciplinary sanction, the employer must request a written explanation from the employee. If after two working days the employee does not provide the specified explanation, then an appropriate act must be drawn up. Please keep in mind that violation of this procedure may result in an order from the State Tax Inspectorate to cancel the disciplinary order.

Example 11

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The inspector found that an explanation for the misconduct committed by the employee was not requested before applying a disciplinary sanction; after two days, an act on the refusal to give an explanation was not drawn up. In this regard, the director of the Sherkala municipal enterprise of housing and communal services municipality"Rural settlement of Sherkali" an order was issued obliging the order to apply a disciplinary sanction to be declared invalid due to violation of the application procedure disciplinary sanctions, provided for in Art. 193 Labor Code of the Russian Federation.

Remember that state labor inspectors also consider an employee’s failure to familiarize themselves (or untimely familiarization) with the order (instruction) on disciplinary action as a violation.

In addition, the one-month period for applying disciplinary sanctions is often violated. But the most dangerous violation in this area is the unlawful application of such a sanction as dismissal on the appropriate grounds provided for in Art. 81 Labor Code of the Russian Federation. Such a violation threatens the employer not only with the cancellation of the dismissal order and reinstatement of the employee at work with payment of average earnings for the period of forced absence, but also with bringing the employer to administrative responsibility for violating labor laws.

7. Failure to provide guarantees in accordance with the Labor Code of the Russian Federation to certain categories of workers

In this area, the rights of women, people with family responsibilities and workers under the age of 18 are most often violated. One such violation is the illegal dismissal of a pregnant woman. The result of its detection, as a rule, is the reinstatement of the employee at work and the recovery of average earnings for the period of forced absence.

The problem of observance of women's labor rights continues to remain relevant.

Example 12

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State Labor Inspectorate in the Khanty-Mansiysk Autonomous Okrug in the organizations inspected in 2011 identified 36 (in the same period in 2010 - 27) violations of women's rights, regarding the labor of minor workers - 22 violations (in the same period in 2010 - 12).

Since the Khanty-Mansiysk Autonomous Okrug belongs to northern regions, the main violation of labor legislation regarding the use of women’s labor is the failure to establish a 36-hour period in the collective agreement or employment contract working week women working in areas similar to the conditions of the Far North. In addition, labor protection rules and ensuring healthy and safe working conditions are not observed; female workers work in conditions that do not meet sanitary, hygienic and other safety and health standards. A lot of violations are detected when registering the movement of female employees within one organization.

The rights of minors are often violated. And if Art. 268 of the Labor Code of the Russian Federation on the prohibition of sending a minor employee on business trips, attracting overtime work, work at night, on weekends and non-working hours holidays, as well as the requirement of Art. 265 of the Labor Code of the Russian Federation on the prohibition of work in hazardous working conditions are practically not violated, then the requirement for mandatory preliminary inspection(Article 266 of the Labor Code of the Russian Federation) and the specific procedure for terminating an employment contract with an employee under 18 years of age (Article 269 of the Labor Code of the Russian Federation) are violated quite often. Failure to comply with the extended duration requirement is even more common. annual leave such an employee established by Art. 267 Labor Code of the Russian Federation.

Example 13

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As a result of a scheduled inspection carried out at Data-M LLC, the State Labor Inspectorate revealed violations of labor legislation in relation to a minor employee. In his employment contract, the duration of the main annual leave is set at 28 calendar days; he did not undergo a preliminary medical examination upon joining the job. The manager was brought to administrative responsibility.

8. Violations of requirements for advanced training of employees

In terms of “popularity,” this type of violation ranks one of the last. The reason for this is the extreme inactivity of the workers themselves. As is known, the Labor Code of the Russian Federation, together with other laws, provides for mandatory periodic advanced training only for certain categories of workers (medics, teachers, prosecutors, employees of the investigative committee, etc.). For other employees, advanced training is not mandatory. And the completion of this procedure is entirely at the discretion of the employer.

The violation is complicated by the fact that advanced training is carried out at the expense of the employer. This means that often the root cause of the violation is the employer’s lack of financial resources to fulfill the obligation assigned to him to improve the qualifications of his employees.

All such cases are identified both during inspections and already at the controversial situation with an employee. Moreover, in almost half of them the violation is discovered not by the State Tax Inspectorate, but by the prosecutor’s office or the court. This applies to the prosecutor challenging the dismissal of employees for inadequacy of the position held or disputes about forcing the employer to provide advanced training for employees.

9. Violations identified in the content of local acts of organizations

When conducting a comprehensive inspection, the State Labor Inspectorate also checks the content of the Internal Labor Regulations. In most cases, violations in this document occur simultaneously with violations when concluding an employment contract, but can also exist separately. Most often, the Internal Labor Regulations do not contain all the necessary conditions, and sometimes directly contradict the norms of the Labor Code of the Russian Federation. Most of the violations concern the lack of organization of working time recording at enterprises that use shift work and summarized recording of working hours.

Example 14

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The State Labor Inspectorate found that the employer's internal labor regulations do not establish the duration of additional paid leave for employees - 8 calendar days, and do not establish special breaks for heating and rest for employees working outdoors in the cold season (Article 109 of the Labor Code of the Russian Federation). In addition, a shift work schedule has been introduced for some employees, but the accounting for such time in the Internal Labor Regulations is not established or indicated accounting period. Taken together with other documents of the company, the audit showed that the employment contracts of workers working outdoors do not indicate their working hours and rest regime, although it differs from the working time and rest regime established for the main category of workers. The issued order has been fulfilled. The same violation was discovered during a scheduled comprehensive inspection.

10. Violations of legal requirements when using foreign labor

Over the five months of 2011, the GIT in St. Petersburg conducted 95 inspections of employers’ compliance with labor legislation when using labor foreign workers(for comparison: for the whole of 2010 - 146 inspections). 610 violations were identified (1,138 for the entire 2010, 100 mandatory orders were issued in relation to them, 54 officials and legal entities were brought to administrative responsibility (in 2010 - 96) total amount RUB 328,000 (RUB 427,000 for 2010).

About FMS inspections, read the article “” on page 56 of magazine No. 12’ 2011

The most common violations of labor legislation against foreign workers are:

• when concluding an employment contract;
• when preparing work books;
• when applying for a job;
• due to untimely payment of wages;
• due to improper training and instruction of workers on labor protection (in the complete or partial absence of these actions);
• in the field of certification of workplaces for working conditions, etc.

As the results of inspections of the State Labor Inspectorate in this area show, violations when using foreign labor are almost identical to violations committed when using the labor of Russians. And yet there is one difference: in order to use the labor of foreign workers, the legislation of the Russian Federation in the field of migration registration and visa regime establishes a number of requirements both for the foreign worker and for the employer hiring such a worker. In a nutshell, these requirements boil down to the employee having a work permit, which he often does not have, as well as to his compliance with migration registration requirements. In addition, when using foreign labor, an employer must have appropriate permission to attract and use foreign workers and comply with the quota established by the Government of the Russian Federation.

Causes of violations and measures of action

An analysis of the results of inspections by state labor inspectorates (SIT) suggests that the main reasons for violations of labor laws by employers are:

• ignoring current labor legislation;
• legal illiteracy of a large number of employers (especially among individual entrepreneurs and managers of small enterprises);
• legal nihilism of individual employers who do not want to comply labor legislation;
• low level of legal training of workers who do not know how and cannot defend their rights;
• absence or extremely passive work of primary trade union organizations in business entities;
• unprofitability of enterprises, their bankruptcy, lack of own funds against the background of the presence of large debts of counterparties to the employers themselves and the debt of the local budget (for violations in the field of wages).

Enforcement measures are provided for by administrative (and in some cases criminal) legislation. Beyond the limits established by law The State Tax Inspectorate and the court have no right to impose sanctions. Often, as most government labor inspectors agree, even the maximum sanctions for a particular violation of legal requirements in the field of labor relations and labor protection do not correspond to the degree of danger of the violation committed and the possible consequences that may occur.

So, the most applicable is Art. 5.27 of the Code of Administrative Offenses of the Russian Federation, which provides for administrative liability for violation of labor and labor protection legislation. A fine may be imposed on violators (for officials and individual entrepreneurs in the amount of 1,000 to 5,000 rubles; for legal entities - from 30,000 to 50,000 rubles). For individual entrepreneurs and legal entities, administrative suspension of activities for up to ninety days is also provided as an option.

In case of repeated violation by an official who was previously subjected to administrative punishment for a similar administrative offense, disqualification may be applied for a period of one to three years.

As can be seen from the indicated range, the sanctions are quite mild. Suspension of activities is used quite rarely, and then only in cases of identified violations of labor protection requirements. Disqualification began to be used more often - in relation to persistent violators. But, as a rule, officials manage to evade responsibility due to the imperfection of the administrative procedure for bringing to responsibility and the restrictive deadlines for bringing them to justice.

Much more stringent sanctions are provided for in the Criminal Code of the Russian Federation:

1. Article 143 of the Criminal Code of the Russian Federation provides for liability for violation of labor safety rules and establishes sanctions ranging from a large fine (up to 200,000 rubles) to imprisonment of the person charged with compliance with labor safety rules. However, liability under this provision arises only if the specified violation negligently resulted in the infliction of serious harm to a person’s health or death.
2. Article 145 of the Criminal Code of the Russian Federation provides for liability for an unjustified refusal to hire or unjustified dismissal of a pregnant woman or a woman with children under three years of age. Sanctions - from a large fine (up to 200,000 rubles) to compulsory work the culprit. The article is considered practically “dead”, non-functional. It is extremely difficult to hold accountable for this type of violation, and practically no one needs it.
3. Article 145.1 of the Criminal Code of the Russian Federation is the most popular in the field of violations of labor law, providing for liability for non-payment of wages, pensions, scholarships, benefits and other payments. Sanctions - a fine, deprivation of the right to hold certain positions or engage in certain activities, forced labor or imprisonment. The article is valid, often applied to malicious violators, especially during periods of economic crisis.

The frequency of violations does not depend too much on the activity of HIT in a particular region. Basically, the number of violations depends on the economic situation and financial stability of the region. Currently, unfortunately, the State Labor Inspectorate is recording an increase in the number of violations of labor legislation.

If the employer is a persistent offender

As we noted earlier, not all employers, having received an order, immediately rush to comply with it and eliminate the identified violations. There are employers who, after paying a fine, do nothing. Or, what’s even worse, after calculating the likely costs associated with proper compliance with the requirements of the law, and the maximum amount of fines in combination with the likelihood of detection of these violations, they come to the conclusion that it is cheaper to pay a fine than to comply with the requirements of the Labor Code of the Russian Federation.

Let us note that the Code of Administrative Offenses of the Russian Federation includes a rule establishing punishment for failure to comply with the GIT order on time - Art. 19.5 of the Code of Administrative Offenses of the Russian Federation “Failure to comply on time with a legal order (resolution, presentation, decision) of the body (official) exercising state supervision (control).” A citizen can be fined 300-500 rubles; official - 1000-2000 rubles. or disqualified for up to three years; entity- for 10,000-20,000 rubles.

Example 15

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In 2010, due to the expiration of the deadline for fulfilling the order, the Autonomous Non-Profit Organization “City Fountain” carried out unscheduled inspection fulfillment of the order. It was found that a number of violations specified in the order had not been eliminated. The inspector sent the case materials to the magistrate's court, which found the head of the organization - an official guilty of the offense committed and sentenced him to an administrative fine in the amount of 1000 rubles.

It happens that the employer undertakes certain actions(and more often - inaction) aimed at creating obstacles to the labor inspector conducting a full inspection. However, such actions (inaction) are also an administrative offense, as is failure to comply with the order of the State Tax Inspectorate, for which appropriate sanctions are provided (see, for example, Article 19.5 of the Code of Administrative Offenses of the Russian Federation).

As practice shows, regulations often impose requirements on the employer, the “price” of which is tens of times higher than the fine for failure to comply with such a regulation. In this regard, the GIT proceeds as follows: after the deadline for fulfilling the order has expired and information about its implementation has not been received, an unscheduled check of the implementation of the order is carried out. A protocol is drawn up under Art. 19.5 of the Code of Administrative Offenses of the Russian Federation and a new order is issued with the same points, but with different deadlines. This practice has also been established in court. This allows inspectors to ultimately achieve restoration of the violated rights of the employee.

In conclusion, we note that the number of labor disputes is growing year by year. Moreover, if previously workers first went to the state labor inspector for help, clarification of the law and restoration of justice, now very often they go directly to the court. And this implies completely different sanctions and other consequences, so there is no need to bring the matter to court.

Footnotes

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The list of documents that the State Tax Inspectorate sends before the inspection is very large, it contains more than 70 items. They can be divided into blocks by topic:

1. Statutory documents

2. Payment documents

3. For personnel records:

• employment contracts and additional agreements;
• and changes to it;
• orders - hiring, dismissals, transfers, vacations;
• work books and;
• local regulations (LNA).

4. Labor protection (OHS):

• regulatory documents - orders, LNA, job descriptions;
• documents on medical examinations, training;
• and etc.

5. Documents for foreign workers.

The list may be expanded during the audit if additional information is required.

Stage 2. The most important areas

The volume of areas of work being inspected can make even experienced specialists nervous. What in the above list will they pay attention to first? The most checked points are:

1. Wage arrears - presence or absence.
2. Timely payment of wages and holiday pay, as well as benefits.
3. Availability and content of employment contracts.
4. Availability of a vacation schedule and its implementation.
5. Correct registration of dismissals and calculations.
6. Work records- availability and correctness of design.
7. and LNA related to wages.
8. Documents for (if it is carried out).
9. Everything related to labor protection. The list depends on the presence/absence, industrial injuries etc.

Stage 3. Employment contracts

First you need to make sure that all employees have them. Then check the contents of the contracts, namely, the presence of all basic conditions in them. To do this we turn to Art. 57 Labor Code of the Russian Federation. The main conditions include:

1. Place of work.
2. Labor function.
3. Payment amount and payment dates.
4. Work start date.
5. Nature of the work.
6. Working conditions in the workplace.
7. Compensation and benefits, if any.

If any of these points are missing, you need to draw up additional agreements and fill in the missing information.

Another step at this stage is checking additional agreements. Determine what changes have occurred during the employees’ work and whether all additional equipment is available. agreements. Changes in wages, positions, and working conditions are especially important.

Stage 4. Staffing and LNA

Any organization must have a staffing table. Usually they ask for the current version of the document and last changes to him. Check if there are any salary differences in your staff and if the salaries for the same positions are the same. In other words, there cannot be different salaries for the position “manager” in the same department, just as there cannot be the figure “20,000 - 25,000”. It is also important that the size of payments corresponds to the regional minimum wage for the current year.

Mandatory LNA - Internal Labor Regulations (ILR) and Regulations on Remuneration (Bonus). PVTR should contain sections:

1. Procedure for admission, transfer and dismissal.
2. Rights and obligations of the employee and employer.
3. Schedule, work time and rest time.
4. Remuneration and incentives.
5. Responsibility of the parties.

There should be a provision on bonuses if there are bonuses in the organization. If there is another payment system, the “Regulations on Remuneration” or another LNA must answer all the inspectors’ questions about the basis for payments to employees.

The remaining LNA are of interest to the State Tax Inspectorate if they are related to benefits, compensation and others cash receipts. The Travel Policy, for example, may be requested to be reviewed if your organization has increased per diem allowances. And here are the "Regulations" appearance specialist”, “Regulations on document flow”, etc. are unlikely to receive the attention of inspectors.

Stage 5. Vacation schedule

Vacation schedules have a short shelf life of 1 year, so efforts should be directed at the current and past years. The law does not provide for introducing employees to the schedule, but it does provide that the employee must be notified of the upcoming vacation two weeks in advance. The inspectorate really likes to check notification deadlines. If it is customary in your organization to divide vacation into parts, this should be stated in the PVTR or in the Vacation Regulations. The fact that an agreement with the employee on the division of vacation has been reached may be indicated by statements asking for several parts of the vacation to be included in the schedule.

Check if the schedule matches actual vacations if you know that it is sometimes not followed. In each case of transferring leave, you must fill out an employee application for transfer and an order. If there are several transfers in a month, there can be one order for all changes.

The schedule must include the dates of actually granted vacations and the reasons for their transfer - an application, an order.

And, of course, the schedule itself must be approved no later than 15 days before the start of the year for which it was drawn up.

Stage 6. Personal cards and orders

Personal T-2 cards must contain the maximum of the requested information. Check for records of transfers, salary changes and vacations granted. Data can be entered either manually or in printed form. Be sure to take the employee’s signature in the “Reception and transfers” column opposite each entered order.

Orders on hiring and dismissal have a shelf life of 75 years, so it makes sense to keep them carefully, regardless of audits. Each order must have a basis - a statement, an employment contract, an agreement of the parties, etc. It is mandatory to timely familiarize yourself with the employee’s order. It is unacceptable to draw up a document “retroactively”. The hiring date must coincide with the date of the order or be later.

Vacation orders must be checked for availability and compliance with the vacation schedule. It is also important to take employee signatures on orders before vacation, preferably 2 weeks in advance if you do not have the practice of giving written notice of the upcoming vacation.

Stage 7. Labor protection

This direction is one of the most tested, and you need to approach it as seriously as possible. Regardless of the specifics of the enterprise, the organization must have:

1. Occupational safety (OHS) specialist, if the company has more than 50 people, or a person assigned the corresponding responsibilities if the number is less than 50 people.
2. Documents confirming .
3. Labor safety instructions.
4. Documents on (SOUT)

In organizations where there are hazardous working conditions, the list expands significantly; it is also supplemented by initial and periodic briefing and journals on it, additional instructions, and documents on medical examinations.

If the SOUT has not yet been carried out, but there is already an order to carry it out, and also, the inspectors will not punish for the lack of special equipment. assessments. Otherwise, you may face a fine.

In general, regarding labor protection, it is worth checking the presence of all signatures in the logs, compliance with the dates of reception and instruction, and if gaps are found, restore them to the maximum.

Stage 8. “Special” employees

GIT pays close attention to the following categories of workers:

For these employees, all papers drawn up on them are checked: contracts, orders, provisions on guarantees and compensation. It is important to check the contents of the contract for each such employee: is there information about a shortened day for people with disabilities or the grounds fixed-term contract from a foreigner. If the day is shortened, this is reflected in the timesheet, you need to check that too.

In conclusion, I would like to remind you that 10 days are given to prepare documents for a scheduled inspection, so even during this period you can get a lot done. And one more thing - do not rush to sign the inspection report, carefully read all the comments, sometimes employers manage to prove their case even before orders and fines. If you disagree with the results, do not rush to pay the fine; you have the right to go to court, and only after its decision will it be clear whether the labor inspectorate’s decision remains in force.

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