The list of documents that the GIT sends before checking is very large, there are more than 70 items in it. They can be divided into blocks by topic:
1. Statutory documents
2. Payroll documents
3. According to personnel records:
- employment contracts and agreements;
- and changes to it;
- orders - admission, dismissals, transfers, vacations;
- work books and;
- local regulations(LNA).
4. On labor protection (OT):
- regulatory documents - orders, LNA, job descriptions;
- documents on medical examinations, training;
- and etc.
5. Documents for foreign workers.
The list can be expanded during the course of the review if additional information is required.
Stage 2. The most important directions
The volume of areas of work being checked can make even experienced professionals worry. What in the listed list will pay attention first of all? The most checked points are:
- Salary arrears - presence or absence.
- Timely payment of wages and vacation pay, as well as benefits.
- Availability and content of employment contracts.
- Availability of a vacation schedule and its implementation.
- Correctness of registration of dismissals and calculation.
- Employment books - availability and correctness of execution.
- and LNA related to wages.
- Documents for (if any).
- Everything related to labor protection. The list depends on the presence / absence, work-related injuries, etc.
Stage 3. Employment contracts
First you need to make sure that all employees have them. Then check the content of the contracts, namely, the presence of all the main conditions in them. For this, we turn to Art. 57 of the Labor Code of the Russian Federation. The main conditions include:
- Place of work.
- labor function.
- Payment amount and payment date.
- Work start date.
- The nature of the work.
- Working conditions in the workplace.
- Compensation and benefits, if any.
If any of these items is missing, you need to draw up additional agreements and enter the missing information.
Another step at this stage is to check additional agreements. Determine what changes have occurred during the work of employees and whether all additional equipment is available. agreements. Changes in wages, positions, working conditions are especially important.
Stage 4. Staffing and LNA
Staffing should be in any organization. Usually they request the current version of the document and the latest changes to it. Check if your full-time “forks” of salaries and whether the salary is the same for the same positions. In other words, there cannot be different salaries for the position of "manager" in the same department, just as there cannot be the number "20,000 - 25,000". It is also important that the size of payments correspond to the regional minimum wage for the current year.
Mandatory LNA - Internal Labor Regulations (PVTR) and Regulations on remuneration (bonuses). PVTR should contain sections:
- The procedure for admission, transfer and dismissal.
- Rights and obligations of the employee and the employer.
- Schedule, working time and rest time.
- Pay and incentives.
- Responsibility of the parties.
There should be a provision on bonuses if there are bonuses in the organization. If there is another system of payment, the "Regulation on remuneration" or another LNA must answer all questions of the inspectors about the basis for payments to employees.
The rest of the LNA are of interest to the GIT if they are related to benefits, compensation and other cash receipts. The Travel Regulations, for example, may be requested to be reviewed if your organization has increased per diem allowances. And here is the regulation 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 - 1 year, so efforts should be directed to the current and past years. The law does not provide for acquainting employees with the schedule, but it does provide that the employee must be notified of the upcoming vacation two weeks in advance. The inspectorate loves to check the timing of notifications. If it is customary in your organization to divide vacation into parts, this should be spelled out 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 to schedule several parts of the vacation.
Check if the schedule matches the actual vacation if you know that it is sometimes not followed. In each case of transferring vacation, you need to issue an employee application for transfer and an order. If there are several transfers in a month, the order can be one for all changes.
In the schedule, you need to enter 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 beginning of the year for which it was drawn up.
Stage 6. Personal cards and orders
T-2 personal cards must contain the maximum of the requested information. Check for records of transfers, salary changes, and vacations granted. Data can be entered both manually and in printed form. Be sure to take the signatures of the employee in the column "Reception and transfers" opposite each entered order.
Hiring and dismissal orders have a shelf life of 75 years, so it makes sense to keep them accurate, regardless of the checks. Each order must have a basis - a statement, an employment contract, an agreement of the parties, etc. Timely familiarization with the order of the employee is mandatory. It is unacceptable to draw up a document "backdated". The date of employment 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 the signatures of employees in orders before the vacation, preferably 2 weeks in advance if you do not have a practice of writing notice of the upcoming vacation.
Stage 7. Labor protection
This direction is one of the most checked, it is necessary to approach it as seriously as possible. Regardless of the specifics of the enterprise, the organization must have:
- Occupational safety specialist (OT), if the company has more than 50 people, or the person who is assigned the relevant duties, if the number is less than 50 people.
- Documents confirming .
- Labor protection instructions.
- Documents for (SUT)
In organizations where there are harmful conditions labor, the list is expanding significantly, it is also supplemented by primary and periodic briefing and magazines on it, additional instructions, documents on medical examinations.
If the SOUT has not yet been carried out, but there is already an order to conduct it, as well as, the inspectors will not be punished for the lack of special. estimates. Otherwise, you may face a fine.
In general, for labor protection, it is worth checking the presence of all signatures in the journals, the correspondence of the dates of admission and instruction, and if gaps are found, restore to the maximum.
Stage 8. "Special" employees
GIT pays close attention to the following categories of employees:
For these employees, all the papers drawn up for them are checked: contracts, orders, provisions on guarantees and compensations. It is important to check the content of the contract for each such employee: is there information on a reduced day for the disabled or on the grounds fixed-term contract at a foreigner. If the day is shortened, this is reflected in the report card, you need to check it too.
In conclusion, I would like to remind you that 10 days are given for the preparation of documents during a scheduled inspection, so even during this period you can do a lot. 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. In case of disagreement with the results, do not rush to pay the fine, you have the right to go to court, and only after its decision it will be clear whether the decision of the labor inspectorate remains in force.
Express your opinion about the article or ask the experts a question to get an answer
In 2018, scheduled inspections will be carried out according to checklists. Such innovations came into force on January 1 this year. What are the features of labor inspection checklists? You will learn the answer to this and other questions by reading the materials of this article.
From January 1, 2018, labor inspection checks in cultural institutions are carried out on the basis of checklists prepared by officials.
To date, 107 sheets have already been prepared. In the future, 47 more will be developed. The changes apply only to those institutions that belong to the moderate risk class. For all other organizations, the new rules will come into effect from July 2018.
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Features of a scheduled check according to checklists
Each of the checklists includes labor law questions that have a direct bearing on workers' rights, such as:
- For wages.
- Under an employment contract.
- On labor protection and others.
Attention is focused on the requirements, non-observance of which can lead to accidents.
A scheduled inspection of the labor inspectorate can be field and documentary. The first of these is carried out if the auditors believe that the documents submitted by the institution cannot provide complete and reliable information. This requirement presented in
The plan for conducting scheduled inspections is presented on the website of the Prosecutor General's Office of the Russian Federation. The information is available to all users, so the institution can know in advance when to expect auditors.
The main method of conducting scheduled inspections is risk-based.
Revision frequency in this case depends on such factors:
- number of personnel;
- the number of injuries;
- salary delays.
The lower these indicators, the less often the cultural institution will be checked.
Below is the frequency of scheduled inspections:
Scheduled inspection: what the labor inspectorate checks in 2018
In accordance with the changes that came into force on January 1, 2018, a scheduled inspection of the labor inspectorate is carried out according to checklists. They include issues related to compliance with labor laws. You can get acquainted with them on the website of Rostrud.
If any violation is detected, the auditor draws up a protocol and gives the employer an order to eliminate the errors. If the violations are minor, then they can be eliminated even in the presence of the inspector. In this case, they may be minimal.
If serious violations are identified, which cannot be eliminated immediately, the employer is issued an order to eliminate them within a certain period. When all errors are eliminated, the head of the cultural institution prepares documents confirming this and sends them to the appropriate inspection.
Violation of these requirements will result in serious consequences up to and including disqualification.
If the manager does not agree with the instructions of the inspector, he may not sign this document. However, experts advise not to do this. Initially, it is worth carefully studying the documents and making sure the accuracy of the information contained in them. Before signing, they write "I do not agree with the act (protocol)."
Consider an example. During a scheduled inspection, the labor inspector revealed violations and issued a decision on administrative punishment. The theater disagrees. As a result, the institution decided to appeal the decision of the labor inspector and went to court.
Also, the theater could apply to other authorities, for example, to a higher official or to a higher body. This must be done within ten days from the date of receipt of the decision on.
An unscheduled inspection may also be carried out in a cultural institution. The basis for its implementation is any revealed facts of non-compliance by the employer with the provisions of the Labor Code of the Russian Federation. One of the most common reasons is a violation complaint. labor rights received from an employee of the institution.
This document is in writing.
It must contain the following information:
According to labor law, inspectors are not entitled to inform the employer from whom exactly the complaint was received. This can be done only if the applicant gives his written consent to this.
The complaint must be considered within thirty days from the date of its registration. If the employee who wrote the complaint or appeal did not indicate his data, then such a document will not be considered.
What documents should labor inspectors present during the inspection
Legislation gives the labor inspectorate the right to inspect an institution at any time.
Arriving auditors must first submit two documents:
- Service certificates.
- Verification order.
The second document must be signed by the head of the regional state labor inspectorate. In the absence of the head, his deputy can sign the order. If the above documents are not available, then the institution has the right to refuse the auditors to carry out the audit.
If, but some of their actions raise doubts, you should call the labor inspectorate and find out whether the inspectors were really sent. The phone number can be found on the Rostrud website.
As a rule, the institution is audited by one auditor. Therefore, if several people came to the check, you need to make sure that they are all listed in the order. An inspector whose data is missing does not have the right to carry out an inspection, which means that the organization has the right to prevent him from entering the territory.
Rostrud automates control and supervision activities in the labor sphere. To do this, he created two interconnected information systems: "Onlineinspektsiya.rf" and "Automated system for managing control and supervisory activities." The first is for employees and employers, the second is to automate the work of labor inspectors. Employers have been familiar with the Electronic Inspector service since 2014, and during this time 244,000 self-checks have passed. Today we will talk about the second system, which will allow you to control the actions of the labor inspector, and how both systems will affect inspections in the future.
Rostrud developed automated system management of control and supervisory activities (ACS KND). What is this automated system? Are we talking about some kind of regulatory framework with a personal account, with the help of which employers and inspectors can interact contactlessly?
– This is a new information system that, regardless of the labor inspector, will be able to carry out the processes of control and supervision activities, track the timing of their implementation, block the possibility of illegal actions of the inspector and help protect the labor rights of citizens. We expect that it will reduce the burden on employers with a low level of violations, increase the efficiency and transparency of the work of our territorial bodies and reduce corruption risks. During the inspection, neither the inspector nor the employer will be able to ignore regulatory requirements.
It turns out that the labor inspector must enter the inspection data into an automated system. Tell me, how can she prevent the illegal actions of the labor inspector?
– As an example, we can cite the imposition of penalties and the amount of fines. We derived average statistical data based on the law enforcement practice of inspectors, which we will then enter into an automated system. If the labor inspector deviates from the established parameters, the system will notify the management, which in turn will evaluate the legality of his actions. Thus, all actions of the inspector will be controlled automatically. This will not allow him, at his own discretion or unknowingly, not to complete the necessary procedures and violate their deadlines.
When do you plan to introduce an automated system into the operation of the GIT?
– We connected the first five inspections to the system in September. From November 1, 2017, all territorial bodies of Rostrud will work in it.
From 2018, inspectors will use checklists during inspections. What requirements did you pay special attention to when compiling control questions?
– Checklists include those issues that directly affect the rights of employees, for example, an employment contract, remuneration, work and rest schedule, labor protection, etc. Special attention when developing checklists, they paid attention to the requirements, non-observance of which can lead to accidents, including fatal or serious ones. Currently, we have developed and posted 107 checklists on the Rostrud website. There will be 154 of them in total. From January 1, 2018, the SIT will begin to apply checklists for scheduled inspections of organizations with a moderate risk category, and from July 1, 2018, for all scheduled inspections. For unscheduled inspections, checklists will not be applied.
Do I understand correctly that if the inspector enters the results of the check-lists into the ACS of the KND, then they are planned to be included in this system?
– Yes, we plan to do it in January 2018. Thanks to this, an inspection report and documents will be automatically generated to eliminate violations and bring the perpetrators to justice.
Since the system automatically controls the verification, is it possible to say that soon employers will be checked remotely?
We are working on this idea. As early as 2018, we plan to combine the Onlineinspektsiya.rf system and ACS KND, create personal accounts employers. This will allow Rostrud to organize a full automated verification cycle, including remote one.
Currently, Rostrud, together with Sberbank, is implementing a pilot project to switch to electronic personnel document management. It will help introduce the technology of remote inspections, which will reduce the labor costs of the inspector and inspectors.
If the two systems are merged, will they be able to take into account the results of self-inspections that employers undergo on the Electronic Inspector service in the future, for example, downgrade the risk category of a company, apply incentives in the form of a reduction in the frequency of inspections?
- Now the law does not provide for the possibility of using the results of self-examinations. However, the Ministry of Labor of Russia has prepared a draft law on the introduction of Labor Code procedures internal control employers compliance with labor laws. After the organization answers the questions of the checklists on the Electronic Inspector service, it will be able to send the results of the self-assessment to the CND ACS. Rostrud will use them when determining the risk category or recalculating it.
When changes are made to the Labor Code, the Ministry of Labor of Russia, together with Rostrud, will prepare appropriate changes to the regulation on labor supervision, which will allow, based on the results of self-control, to determine the risk category of the employer. We assume that the implementation of internal control will help reduce the risk by one step.
Rostrud automates control and supervision activities in the labor sphere. To do this, two interconnected information systems have been created: "Onlineinspektsiya.rf" and "Automated system for managing control and supervisory activities." The first is for employees and employers, the second is to automate the work of labor inspectors. Employers have been familiar with the Electronic Inspector service since 2014, and during this time 244,000 self-checks have passed. Let's talk about the second system, which is a system that will allow you to control the actions of a labor inspector, and how both of them will affect further inspections.
The automated control and supervision activity management system (CND ACS) is a new information system that, regardless of the labor inspector, will be able to carry out the processes of control and supervision activities, track the timing of their implementation, block the possibility of illegal actions of the inspector and help protect the labor rights of citizens. It should reduce the burden on employers with a low level of violations, increase the efficiency and transparency of the work of territorial bodies and reduce corruption risks. During the inspection, neither the inspector nor the employer will be able to ignore regulatory requirements.
An example is the imposition of penalties and the amount of fines. The average statistical data is derived based on the law enforcement practice of inspectors, which are then entered into an automated system. If the labor inspector deviates from the established parameters, the system will notify the management, which in turn will evaluate the legality of his actions. Thus, all actions of the inspector will be controlled automatically. This will not allow him, at his own discretion or unknowingly, not to complete the necessary procedures and violate their deadlines.
The first five inspections were connected to the system in September. Since November 1, 2017, all territorial bodies of Rostrud have been working in it. Starting this year, inspectors will use checklists during inspections.
Checklists include those issues that directly affect the rights of employees, for example, an employment contract, remuneration, work and rest schedule, labor protection, etc. When developing checklists, special attention was paid to the requirements, non-compliance with which can lead to accidents , including fatal or severe. Currently, 107 checklists have been developed. They are posted on the Rostrud website. There will be 154 of them in total. From January 1, 2018, the SIT introduces checklists for scheduled inspections of organizations with a moderate risk category, and from July 1, 2018, for all scheduled inspections. They will not be used for unscheduled inspections.
If the inspector enters the results of the check-lists into the CND ACS, then they are planned to be included in this system as early as January 2018. Thanks to this, an inspection report and documents will be automatically generated to eliminate violations and bring the perpetrators to justice.
The option is being considered that soon employers will be checked remotely. Already in 2018, it is planned to combine the system "Onlineinspektsiya.rf" and ACS KND, to create personal accounts for employers. This will allow Rostrud to organize a full automated verification cycle, including remote one.
Currently, Rostrud, together with Sberbank, is implementing a pilot project to switch to electronic personnel document management. It will help introduce the technology of remote inspections, which will reduce the labor costs of the inspector and inspectors.
And if the two systems are combined, will they be able to take into account the results of self-tests that employers undergo on the Electronic Inspector service in the future, for example, downgrade the company's risk category, apply incentives in the form of reducing the frequency of inspections? Currently, the law does not provide for the possibility of using the results of self-examinations. However, the Ministry of Labor of Russia has prepared a draft law on the introduction into the Labor Code of a procedure for internal control by employers of compliance with labor laws. After the organization answers the questions of the checklists on the Electronic Inspector service, it will be able to send the results of the self-assessment to the CND ACS. Rostrud will use them when determining the risk category or recalculating it.
When changes are made to the Labor Code, the Ministry of Labor of Russia, together with Rostrud, will prepare appropriate changes to the regulation on labor supervision, which will allow, based on the results of self-control, to determine the risk category of the employer. It is assumed that the implementation of internal control will help reduce the risk by one step.
A pilot project of this system has already been launched in 65 constituent entities of the Russian Federation. It will be attended by 223 enterprises of various industries and forms of ownership. Among the participants are organizations that are part of the structures of Rosneft, Lukoil, Gazprom, Rostelecom, SUEK, RusHydro, etc. Large organizations with over 250 employees, that is, 62% of all participants, showed the greatest interest in conducting a pilot project.
There is an opinion that small organizations of a non-productive nature should not be afraid of inspections by the labor inspectorate. However, this is not quite true. Even if your company is not in the GIT inspection plan approved for the year, you should not relax. After all, any emergency situation can occur, for example, in a conflict with an employee. And in this case, it is quite possible that out-of-schedule check. This is where frequent violations come up that are allowed in organizations that do not expect labor inspectors.
By the way, the growth of unscheduled inspections at the request of citizens has become a trend over the past two years. Moreover, almost a third of them are based on applications submitted via the Internet.
It must be admitted that small firms, as a rule, pay little attention to personnel records. It is usually limited recruitment and dismissal of employees. And what is labor protection, most employers have no idea. But in vain, because violations in this area most often result in fines..
If a check came to you, in any case, you will need to prepare statutory documents, as well as staffing. For the employee whose appeal initiated the check, you will additionally have to prepare hiring and dismissal orders, an employment contract, a time sheet, documents on the accrual and payment of wages. In addition, you will need documents related to the entire process of organizing labor in company:
- documents confirming the dates of payment of salaries;
- labor regulations;
- materials on the assessment of working conditions;
- traffic ledger work books.
Other documents may be required. A complete list of them will be contained in the Inspection Order.
Top 3 Violations Detected by Labor Inspection
According to statistics, employers most often violate the rules of labor protection, payment of wages and registration of employees.
Occupational Safety and Health
Flaws in part allow not only small office companies, but also large industrial and construction organizations. It is they who most often become regulars of labor inspections. As for small firms, many of them even believe that labor protection rules do not apply to them. After all in article 217 of the Labor Code of the Russian Federation the phrase " production activity". Meanwhile, such activity is the production of not only products, but also any works or services.
An organization that has 50 or more people, must have a separate labor protection specialist or an appropriate service. With a smaller number of employees, this function is assigned to the head or an employee authorized by him. It is also permissible to involve a person or organization under a civil law contract for this activity.
What exactly will inspectors pay attention to in terms of labor protection? The main thing is job evaluation. Its results, as well as the benefits due to the employee (if he is engaged in hazardous work) must be included in the employment contract.
It is necessary to conduct a special assessment of working conditions with a certain frequency:
- for jobs created and certified before 2014 - once every 5 years(from the date of the last certification);
- for jobs created later - within 12 months after their creation.
Also, the interest of inspectors will be occupational safety training logs. Such briefing should be carried out when specialists are hired, as well as regularly during labor activity. This also applies to the leader. The latter must undergo training in labor protection, which must be confirmed by relevant documents.
Here's another Rules Employers Often Forget:
- issuance of appropriate equipment to employees of certain positions (drivers, cleaners, janitors);
- availability of disinfectants in the office;
- obligatory medical examination of employees who are entitled to it.
Wage rules
The second most popular group of violations is associated with wages. Here, auditors traditionally pay attention to the following:
- for holidays and weekends;
- terms of payment of wages;
- violation of these deadlines, that is, a delay in the RFP.
According to the new rules, which came into force in October 2016, a delay is considered to be a gap between the accrual and payment of wages of more than 15 calendar days.
Registration of employees
In third place are violations related to documentation workers. non-conclusion employment contract is not as common today as it used to be. Now the most popular violation in this part has become the absence in the contract of a provision on what type of work is entrusted to the employee. In addition to indicating that the employee holds a position in accordance with staffing and will carry out the duties of his job description, it is necessary to list the specific work that is entrusted to him.
Quite common violation of the rules for maintaining a book of accounting for the movement of work books. Employers forget to number the pages, as well as lace, certify and seal this book.
If violations are found
So, the inspector found flaws. What's next? Based on the results of the audit, in any case, an act will be drawn up, and if there are violations, it will be issued order to remove them. May be fined according to Articles 5.27 and 5.27.1 of the Code of Administrative Offenses. Moreover, a fine can be issued for each violation identified by the inspector, so the amount of sanctions in the end can become very tangible.
If the subject being inspected belongs to a small or medium-sized business, then for the first time, the inspector, instead of a fine, may issue warning(Article 4.1.1 of the Code of Administrative Offenses). This type of punishment is applied in case of:
- if the violation did not harm the life and health of people;
- if the violation did not cause property damage;
- if a specific article of the Code of Administrative Offenses does not provide for a warning in the form of the most lenient punishment.
But if the employer did not pay the employee wages may be subject to a fine. Such a violation can be qualified as property damage, and the case will not do with a warning. In this case, the officer will be fined. up to 20 000 rubles, and organizations up to 50,000 rubles. Penalties are also charged for each day of delay at the rate of 1/150 of the Central Bank rate.
Concerning labor protection violations, then the penalties are:
- 30,000 rubles - for an official;
- 130,000 rubles - for the organization.
In conclusion, we note that the imposition of a fine can and should be challenged, unless, of course, there are grounds for this. As practice shows, often companies and entrepreneurs manage to defend their innocence.
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