What the labor inspection checks. Inspection by labor inspection: what is being checked

State labor inspectors may carry out scheduled and unscheduled inspections of any employer. The law establishes a special procedure for carrying out this procedure. Let us further consider how the inspection by the labor inspectorate is carried out, which is verified by authorized persons.

Grounds

In Art. 360 TC lists the cases in which an unscheduled inspection of labor inspection is performed. These include:

1. The end of the period assigned to the employer by the authorized organization for the execution of the order to eliminate violations.
2. The receipt of applications, appeals, evidencing the facts of non-compliance by the employer with the requirements of industry regulatory legal acts.
3. Acceptance of a complaint from an employee about a violation of his labor law.
4. The receipt of a request from an employee with a request to monitor the conditions and health conditions at the place of his professional activity.
5. The presence of an order (order) of the head (deputy) of the authorized organization, issued in accordance with the request of the prosecutor, on behalf of the Government or the President.

As a rule, subject to the requirements of industry standards by the employer, the regulatory body visits the enterprise in a planned manner. The legislation indicates the period the labor inspectorate checks. The procedure is performed every three years. Thus, the basis for the audit is the expiration of this period from the moment of:

1. State registration of legal entities or individual entrepreneurs.
2. Completing the last inspection as planned.
3. Submission by the subject to the authorized body of a special notice on the start of his activities (in cases established by law).

Inspection by labor inspection: what do officials check?

The subject of control is the observance by the employer in the process of carrying out activities of the requirements of the current industry standards in the field of health and safety. This means that everything that the labor inspection checks must comply with the requirements of the law. Control, in the first place, is subject to local regulations adopted and approved by the enterprise, compliance with their provisions in practice. What documents does the labor inspectorate check? These include:

1. Rules for internal regulations.
2. Written employment contracts.
3. Staffing and local legal acts.
4. Labor books.
5. Orders for admission to the state, transfer to a particular position.
6. The magazine of the account of labor books and loose leaves.
7. Orders, consent of workers, confirmed by the union, on the performance of work overtime or on weekends.
8. Regulation on personal data of employees.

This is not all that the labor inspectorate checks. Control is also subject to work with privileged categories (minors, disabled people, and so on), foreign citizens. In addition, the authorized authority evaluates compliance with the OT rules.

Requirements for Officers

The procedure is carried out on the basis of an order or order of the head of the authorized control service or his deputy. A copy of this decision is transferred against signature to the entrepreneur or representative (manager) of the legal entity. At the request of these persons, state inspectors must:

1. Provide the necessary data on the specialists and bodies that will carry out the control measures.
2. Familiarize with administrative regulations and the procedure for conducting supervisory procedures.

How to prepare for a labor inspection check?

First of all, it should be said that the mere presence of the necessary title papers is not enough. Everything that is checked by the labor inspectorate must be formalized in accordance with the established procedure. So, standard orders and orders are drawn up in a special form. All statements that the employee writes by hand, receipts on familiarization with orders, instructions, rules must be certified by his signature. It is desirable that the magazines have a hard cover, glue binding, lacing. The labor inspection will definitely pay attention to this. What does an authorized person check in a magazine first?

The employee looks to see if all pages are numbered, whether the total number of sheets is indicated at the end, whether the information is certified by the signatures of the responsible persons and the company seal. To optimize office work and save time for both the controller and those directly responsible for maintaining papers, it is advisable to compile lists of “special” categories of workers. These include, for example, minors, employees with children under 3 years of age, disabled people, expectant mothers, people working in hazardous (harmful) work, and so on. Documents verified by the labor inspectorate must be provided upon request of an authorized person.

Control Procedure

The legislation establishes certain requirements for the inspector and the course of fulfillment of his duties. According to Art. 360 TC, an authorized employee may preliminarily notify the company of his visit if he considers that such a notification will not affect the quality and effectiveness of the control. The law, therefore, does not mandate a mandatory warning of an upcoming event. However, in practice, as a rule, authorized persons notify the production management in advance. After receiving the notice, before passing the inspection of the labor inspection, the head of the enterprise should make sure that all acts are drawn up in accordance with the law, necessary records are kept, and the requirements are observed. Having appeared at the enterprise, executive must present the appropriate certificate, as well as an order (order) on the implementation of the procedure in a particular organization. In case of doubt, the manager has the right to call the Labor Inspectorate to make sure that the employee was indeed referred. After confirmation, the fact of the start of control should be recorded in the appropriate journal.

Important point

Everything that the labor inspection checks is described in a special act. It shall indicate the place, time, date of implementation of supervisory measures, position, full name of the person conducting them, the grounds for their implementation. The same act will also contain information on the results. The paper is certified by the signatures of both parties, one copy remains at the enterprise, the second at the controller.

Rights of an official

What powers does the labor inspectorate have? What does a specialist check except for papers? An authorized person has the right in the daytime to inspect all premises of the enterprise. An employee can examine specific jobs, equipment. He has the right to ask questions to staff. If necessary, the inspector can request the missing information from the responsible employees of the enterprise.

Special competency

The authority of the official also includes the right to suspend the activities of production, workshops or departments in case of violations. If employees who have not been trained in TB are identified, the official removes them from their duties. The inspector has the right to bring to justice those responsible for violating the Labor Code. In the presence of the conclusions of the relevant examination, the official may send a claim to the court on the liquidation of the enterprise.

Audit certificate

Upon completion of the control measures, the specialist indicates which documents were checked and violations were found. If the papers are properly drawn up and do not cause any complaints, then this fact will also be reflected in the act. This document, as mentioned above, is signed by the head of the enterprise and the auditor. However, the signature of the head of the company does not mean that he agrees with these violations. Nevertheless, an autograph is necessary. Otherwise, this fact will also be reflected in the act. In case of disagreement with the opinion of the auditor, the act can be appealed.

A responsibility

If serious deficiencies in the enterprise’s activities are identified, the auditors draw up the appropriate protocol. Practice shows that without drafting such a document, not a single check passes. After drawing up a protocol on an administrative offense, a decision is made to impose a corresponding penalty. As a rule, it is fined. It must be said that payment of the established amount of the recovery does not exempt the company from eliminating the shortcomings of personnel work within the time period prescribed by the auditors. If more serious violations, for example, non-payment of salaries to employees, are detected, the head of the company may be prosecuted. The head of the enterprise may appeal the findings of the auditors in the order of subordination to the chief state inspector of labor of the Russian Federation. He may also file a lawsuit in court.

Frequently identified violations

The most popular shortcomings in personnel work that are discovered during the audit are the absence and incorrect execution of written employment contracts. Experts recommend putting signatures on all pages of the contract. This requirement is absent in the legislation, however, autographs will serve as a guarantee that one participant in the legal relationship will not make any changes without the knowledge of another. The next document, in which violations are often identified, is the work book. At the enterprise, every employee who has worked for more than five days should have it.

An exception in this case are combinators. The work book must be kept at the enterprise; it is not allowed to give it to the employee. If necessary, a copy is made in the personnel department and certified with appropriate signatures and stamps. The employee must be familiarized with the entries made in the book. For this, under orders and orders, which became the basis for their introduction, the employee puts his signature. Another document that may be associated with problems is the Internal Rules. They are approved by the head of the enterprise. All company employees should be familiar with this document on receipt. The absence of the Rules is a gross disciplinary violation. In addition, in the absence of such an act, it is difficult to attract workers for non-compliance with requirements.