Labor check what is checked. What documents are checked by the labor inspectorate

14.08.2015 00:17

Labor inspection documents

Immediately, we note that the list of documents requested during the inspection of the labor inspectorate is not defined anywhere. During the inspection, the labor inspector may request any document confirming (or not confirming) the employer's compliance labor legislation.

Therefore, we can say that all obligatory labor documents must be available with the employer, and these documents must be drawn up properly.

Contracts

The organization must have the following agreements:

1. Employment contracts... All employment contracts must contain the mandatory conditions established by article 57 of the Labor Code.

2. Contracts for complete individual material responsibility and agreements on full collective (brigade) material liability.

The lists of jobs and categories of workers with whom these contracts may be concluded are approved by the Resolution of the Ministry of Labor of the Russian Federation of December 31, 2002 No. 85.

3. Apprenticeship agreements... These agreements must be in the organization when registering the apprenticeship.

Mandatory local acts of the organization

Each organization must necessarily have:

1 . internal rules work schedule ;

2 . regulation on remuneration and bonuses... This provision is mandatory only if the remuneration system is not reflected in the collective agreement or in another local act of the organization, for example, in the internal regulations (Article 135 of the Labor Code of the Russian Federation).

3.provision on personal data of employees(Article 88 of the Labor Code of the Russian Federation);

In the presence of certain conditions, the organization must have the following local acts:

1 ... local normative act, which indicates the positions of employees with irregular working hours.

This document is mandatory if there are employees in the organization who have an irregular working day, provided that this information is not reflected in the collective agreement or other local act, for example, in the internal regulations (Article 101 of the Labor Code of the Russian Federation).

2. shift schedule.

The presence of this document is necessary in cases when work in the organization is carried out in shifts. The shift schedule can be drawn up as an annex to the employment contract (Article 103 of the Labor Code of the Russian Federation);

3. local regulation providing division of the working day into parts.

This document is mandatory in those organizations where the working day can be divided into parts (Article 105 of the Labor Code of the Russian Federation);

4. local regulatory act providing for the procedure and conditions for employees to pass vocational training or retraining.

The document should be in the organization only if the employer decides on the need to send employees for training, retraining or advanced training (part three of article 196 of the Labor Code of the Russian Federation). Instead of being approved by the LNA, training conditions can be included in a collective agreement or, for example, in internal labor regulations.

5. local normative act establishing the application procedure rotational method (part four of article 297 of the Labor Code of the Russian Federation). The condition on the establishment of the procedure for the application of the rotational method does not have to be formalized in a separate local act; this condition may be included in the collective agreement or the internal labor regulations.

Labor protection documents

All employers are responsible for ensuring safe conditions and labor protection (Article 212 of the Labor Code of the Russian Federation).

Employers must have:

1. Instructions for labor protection

Labor protection instructions refer to mandatory local acts of the organization. Ministry of Labor of Russia published Guidelines on the development of instructions for labor protection (approved on May 13, 2004). Employees must be familiarized with the labor protection instructions against their signature. To do this, you should keep a log of familiarization of workers with instructions on labor protection.

2. Documents confirming the passage instruction and training on labor protection.

All employees, including heads of organizations, are required to undergo occupational health and safety training and test their knowledge of occupational health and safety requirements (Article 225 of the Labor Code of the Russian Federation). The procedure for teaching and testing knowledge is established by the Decree of the Ministry of Labor of Russia and the Ministry of Education of Russia dated January 13, 2003 No. 1/29 (hereinafter referred to as the Procedure).

For all employed persons, as well as for employees transferred to another job, the employer (or a person authorized by him) is obliged to provide instruction on labor protection (clause 2.1.1 of the Procedure). In addition to initial briefing, the employer is obliged to conduct repeated and, in established cases, unscheduled instructions.

All types of briefings are recorded in the corresponding briefing logs with the signature of the instructor and the signature of the instructor, as well as the date of the briefing (clause 2.1.3 of the Procedure).

Note that by general rule all employees must be instructed. However, it is obvious that in fact only employees of blue-collar professions need such instruction. Therefore, workers who are not associated with the operation, maintenance, testing, adjustment and repair of equipment, the use of electrified or other tools, storage and use of raw materials and materials can be exempted from undergoing primary instruction at the workplace.

At the same time, the list of professions and positions of employees exempted from primary instruction at the workplace is approved by the employer (clause 2.1.4 of the Procedure). The same workers are also exempted from re-training. Therefore, the employer must have training logs.

So, the documents confirming the conduct of the induction briefing:

• minutes of the meeting of the commission for testing knowledge on labor safety;
• personal training card;
• introductory briefing journal;
• workplace briefing log;
• a list of professions and positions of workers exempted from primary instruction at the workplace.

Forms confirming the passage of the introductory briefing contains GOST 12.0.004-90. “Interstate standard. Occupational safety standards system. Organization of occupational safety training. General Provisions". All of these forms are recommended.

Orders (instructions) of the employer

Order is an administrative document issued and signed by the head of the organization. Labor legislation establishes the obligation to issue orders, while there is no list of possible orders. Therefore, the organization is obliged to keep all "labor" orders.

Orders on personnel must be kept in the organization for 75 years (Article 19 of the List approved by Order of the Ministry of Culture of Russia dated August 25, 2010 No. 558).

Documents related to the payment of salaries

The employer is obliged to notify each employee in writing upon payment wages(part one of article 136 of the Labor Code of the Russian Federation). Labor inspectors will definitely check whether the organization has approved the pay slip form. Therefore, the company must have an order to approve the pay slip.

In addition, labor inspectors pay attention to whether the days of payment of wages are indicated:

• in an employment contract with an employee;
• in the internal labor regulations;
• in the collective agreement (if any).

"Vacation" documents

The organization must have an approved vacation schedule. The schedule is approved no later than two weeks before the onset of the calendar year (part one of article 123 of the Labor Code of the Russian Federation).

In addition to the vacation schedule, labor inspectors will check whether employees are notified of the start time of the vacation no later than two weeks before it starts. Therefore, the organization must have either a special journal for notifying employees about the start of vacation, or copies of notices, which must be signed by employees and dates.

Personnel documents

The organization must have the following documents:

1. Labor books... The employer is obliged to keep work books for each employee for whom this work is the main one.

2. Personal cards of employees... Personal cards can be kept in accordance with the unified form No. T-2.

Time and staff records

The organization must have:

1. Timesheet... The employer's obligation to keep records of working hours is enshrined in Article 91 of the Labor Code of the Russian Federation. The time sheet can be kept using the unified form No. T-12.

2. Staffing table. It does not directly follow from the Labor Code that staffing table- a mandatory document for all employers. So if labor function employees are determined through the specific type of assigned work (for example, "an employee is hired to clean the territory", etc.), formally, you can not approve the staffing table. Meanwhile, in most cases, it is impossible to do without a staffing table. The employer draws up the staffing table based on the norms of Articles 15, 57 of the Labor Code.

Notices and notifications

Labor law obliges the employer to notify employees about the occurrence of certain events, therefore, the employer must have:

• vacation start notifications;
• notifications of reductions in the number or staff of employees;
• notice of termination of a fixed-term employment contract;
• other notifications.

Statements and certificates received from employees

The organization must store statements workers:

• on the provision or postponement of vacations;
• on the provision of maternity leave and parental leave;
• termination of an employment contract at the initiative of the employee;
• other statement.

Spravki. received from employees:

• confirmation of pregnancy;
• on the presence (absence) of a criminal record;
• other help.

Logs and accounting books

Organizations should maintain the following journals and books:

1. Traffic book work books and inserts in them (the form was approved by the decree of the Ministry of Labor of Russia dated October 10, 2003 No. 69).

2. Receipt and expense book for accounting of work book forms and an insert in it (the form was approved by the decree of the Ministry of Labor of Russia dated October 10, 2003 No. 69).

3. The register of employees leaving on business trips from the sending organization (the form was approved by order of the Ministry of Health and Social Development of Russia dated September 11, 2009 No. 739n).

4. A register of employees who arrived at the organization to which they were sent (the form was approved by order of the Ministry of Health and Social Development of Russia dated September 11, 2009 No. 739n).

5. Journal of registration of accidents at work (the form was approved by the decree of the Ministry of Labor of Russia dated October 24, 2002 No. 73).

6. Journal of induction training (the form is recommended by GOST 12.0.004-90. "Interstate standard. Occupational safety standards system. Organization of occupational safety training. General provisions").

In addition, the organization must have a Local Recognition Journal. regulations... Note that the fact of familiarization with local acts can be confirmed differently, for example, make familiarization sheets for local regulations.

So, here we have given an extensive, but not full list documents that the labor inspector may require during the inspection.

If you are not sure that you can correctly assess the availability and correctness of paperwork, we suggest you use the help of our specialists and order the "personnel audit" service.

(according to the magazine "Personnel business")

The activities of organizations operating on the territory of Russia should comply with the requirements of the Labor Code... These include respecting the rights of employees, correct organization places to work, as well as acceptable working conditions.

Unscrupulous leaders must be held accountable. This requires detect violations in the activities of the organization that is checked by the labor inspectorate.

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Legislative aspects of the activities of Rostrud

Foundations

Reasons for outside scheduled inspectionsenshrined in Article 360 ​​of the Labor Code of the Russian Federation:

• On employee complaint about non-compliance with it labor rights;
• Inspection may strike re... This happens if, during the previous inspection, serious violations were identified;
• If the inspection has received information that there is threat to life and health citizens who work there;
• On admission condition check request labor activity from a company employee;
• Based on the order of the prosecutor, Government or President of the country.

Federal Law No. 294 gives grounds for inspections according to the plan. They are held three years after:

1. State registration of the company;
2. Carrying out the last check;
3. Providing information by the entrepreneur that he has begun to carry out his activities.

Procedure

Typically, this procedure instills fear in employers. In fact, it is enough just to understand what the labor inspectorate checks during a scheduled inspection, what it does at the enterprise, and prepare in advance for the visit. A ready-made package of documents for verification will significantly speed up the process.

The managers of the company in which the audit is planned should be warned about this as much as possible. one day before its actual start... This responsibility is assigned to an authorized person of Rostrud.

The manager needs to know what documents the labor inspectorate checks during the inspection.

Inspection officer, according to the law, has the right to demand any document, which concerns the activities of the company.

List of documents to be checked:

• First of all, attention is paid to labor contracts with employees. The rules for their registration are enshrined in article 57 of the Labor Code of the Russian Federation.
• Will be tested work books, as well as keeping records on them.
• Documents about material responsibility... The list of financially responsible persons is enshrined in the decree of the Ministry of Labor No. 85.
• Papers that relate to employee benefits wages.
• Tables according to which time tracking employees.
• Schedule by which employees go on vacation.
• The charter organizations.
• Schedule work.
• Certificate confirming state registration.
• If the check is caused by an emergency in production, documents with information about the provision of employees will not be ignored safe working conditions.
• Documents related to socially vulnerable categories of employees- disabled people, pregnant women and minors.

If violations of this kind are revealed, the employer will face serious responsibility.

Watch a video about what the inspectorate checks first:

Inspectors' powers

Drawing up an act

After the check is considered complete, an act with its results must be drawn up(Article 4 of the Federal Law No. 294). There must be indicated the personal data of the inspectors, the date of the inspection, on what grounds it was carried out, as well as its results.

The document is drawn up in two copies, one of which must be handed over to the head of the organization, under a personal signature. By signing the document, the head of the company is not deprived of the right to challenge the results of the audit.

Also in the name of the employer, a prescription is drawn up with requirements to eliminate labor violations ... In addition, penalties can be imposed.

The discovery of inconsistencies in the activities of the organization gives the inspector the right to initiate an administrative case, which will serve as the basis for the imposition of punishment.

Appealing the results

If the employer considers it necessary to dispute the results of the check, he can do so, by contacting a higher authority... The decision of the commission will not necessarily be challenged. In this case, his appeal becomes possible only in court.

During the trial, the grounds for the inspection and its legality will be considered. AND, if the inspectorate acted contrary to the law, its verdict regarding this company may be declared illegal.

Challenge can only be made within 15 days after signing the act of the performed verification.

Penalties

On the basis of the protocol with the revealed violations, a decision is made on what punishment the unscrupulous employer should incur. More often than not, it oblige to pay a fine... But this does not mean at all that if a fine is paid, then there is no need to eliminate the shortcomings that the commission revealed.

If suddenly there are several violations, the company's management will be fined on each count.

Depending on the severity of the violation, the amounts of fines differ, their the size can reach 500 thousand rubles... For example, according to article 143 of the Criminal Code, if due to inadequate security of employees, one of them has suffered, the employer will have to pay 200 thousand rubles.

Violation of the rights of a pregnant woman or mother of a small child, in particular, her dismissal, is punishable by a fine of 200 thousand rubles(Article 145 of the Criminal Code of the Russian Federation).

Article 145 of the Criminal Code of the Russian Federation. Unjustified refusal to hire or unjustified dismissal of a pregnant woman or a woman with children under the age of three.

Unjustified refusal to hire or unjustified dismissal of a woman on the grounds of her pregnancy, as well as unjustified refusal to hire or unjustified dismissal from work of a woman with children under the age of three, for these reasons - shall be punished with a fine of up to two hundred thousand rubles or in the amount of the wages or other income of the convicted person for a period of up to eighteen months or compulsory labor for a period of up to three hundred and sixty hours.

If the employer has not corrected the violations in the company's activities, and a second check has confirmed this, the fine for the legal entity will vary from 300,000 to 500,000 rubles.

In order not to guess what your organization may be fined by the inspection, keep the documents in order and do not violate the rights of workers.

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

Most often, the labor inspectorate comes with checks on complaints. Since there is no clearly established checklist, we recommend preparing for a check on all documents related to personnel - employment contracts, various provisions (on remuneration, bonuses, daily routine), orders, work books, pay slips, timesheets, payment documents and payroll, labor protection and so on.

The main issues of conducting inspections are reflected in Labor Code RF in Chapter 57 "State control (supervision) and departmental control over the observance of labor legislation and other normative legal acts containing labor law (Articles 353-368 of the Labor Code of the Russian Federation)".

According to the rule established by law, inspections carried out by state labor inspectors in organizations can be planned and unscheduled (which, in turn, are subdivided into documentary and field). The procedure for carrying out audits is determined by law. To start checking actions in both the first and second options, grounds (reasons, cases) are needed.

Grounds for an unscheduled inspection by the labor inspectorate

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

Appeals and statements that do not allow to identify the person who applied to Rostrud or its territorial body, as well as appeals and statements in which there is no information about these facts, cannot serve as a basis for an unscheduled inspection of the employer.

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

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

Scheduled inspection of the labor inspectorate

Routine inspection is possible for any organization and is performed once every three years.

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

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

This list of grounds is closed, that is, inspectors have no right to name other reasons for carrying out planned inspections of compliance with labor law norms.

1. Examination personnel documents.
2. Checking the safety of the work performed.

Verification of HR documents

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

Personnel documents to be checked:

• constituent documents;
• collective agreement;
• all papers that are related to wages;
• internal labor regulations;
• employment contracts (Article 57 of the Labor Code of the Russian Federation establishes the essential conditions for concluding an employment contract);
• staffing table;
• time sheets;
• time sheets of employees engaged in hazardous work;
• payroll sheets;
• sick leave;
• vacation schedule;
• personal cards;
• orders of appointment;
• work books;
• book of accounting for the movement of work books and inserts to them;
• regulations on remuneration and bonuses;
• the regulation on the protection of personal data.

Resolution of the State Statistics Committee of January 5, 2004 No. 1 "On approval of unified forms of primary accounting documentation for labor accounting and payment" establishes the form of orders, personal cards, vacation schedule, staffing table, time sheets and other documents related to personnel accounting, calculation working time and remuneration. Absolutely all enterprises, regardless of their form of ownership, are obliged to follow this resolution. There are a number of exceptions for budget organizations.

Checking local internal documentation

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

All these documents should be compared with employment contracts, they often contain different modes of operation. Also, it is necessary to compare the staffing table, the Regulation on remuneration and bonuses with the employment contract, in order to exclude different systems of remuneration and different dates of receipt of wages.

Checking the vacation schedule

Make sure that for last years all employees went on vacation, while vacation schedules were not violated, pay attention to how vacation pay was paid. If some of the employees were not paid the due amount, do it right now. Remember to be approved no later than two weeks before the end of the calendar year. Pay attention to whether the length of the vacation is against the law. In cases where some of the employees went on vacation not on schedule, it is necessary to make changes according to the orders and statements of employees.

Checking salary payments

Inspectors will certainly pay attention to how wages are issued (according to the law, it must be paid twice a month). The internal regulations, collective and labor contracts must contain information about the time and place of payment of wages.

The inspectors will also pay attention to the size of the salary, remember that it should not be lower than the legal minimum.

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

Checking information related to labor protection

Every employer must provide its employees with a safe working environment. They are spelled out in labor protection documents, the presence of which is necessary in any organization. These can be various instructions, documents confirming that workers were trained in labor protection. Such documents must be available, regardless of the size of the organization and the number of employees hired.

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

• requirements related to training and instruction of employees;
• safety measures during work;
• providing employees with protective equipment;
• organizing and carrying out certification of workplaces for working conditions (now SOUT), as well as using the results of AWP (SOUT) to provide benefits and compensation to employees, conduct periodic medical examinations, etc.

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

Inspection period

As a general rule, the period for a scheduled inspection cannot be more than 20 working days, for branches the total period is not more than 60 working days. If we are talking about small businesses, then for a small business and a micro-enterprise, this period is, respectively, 50 hours and 15 hours. These establishments do not apply to unscheduled inspections. If necessary, the term of the on-site scheduled inspection is extended by 20 working days (but not more), about which it is necessary to notify the employer 3 days in advance.

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In this article, we will look at how to act when the labor inspectorate comes to the enterprise, what documents it can check and what you need to be ready for.

Legislative regulation of the issue

Legislative regulation of the issue is carried out by such normative acts as:

• Federal Law No. 294 of December 26, 2008, which indicates on what grounds an inspection can be carried out;
• Labor Code, in particular Chapter 57, which describes the main aspects of inspections by the inspection.

What are the checks

• Unscheduled. Conducted, as a rule, after a complaint has been received against the employer or if the TI has any grounds for suspicion of a violation of Russian legislation in the field of labor law
• Planned. As a rule, it is carried out no more often than once every three years.

How to find out about a scheduled check

To find out about a scheduled inspection against an organization or an individual entrepreneur, you need to go online to the website of the General Prosecutor's Office of the Russian Federation. Every year, the data on scheduled TI inspections is updated. After December 31 of the current year, you can find information for the next year.

What does the labor inspectorate check during a scheduled inspection

Inspection by inspectors is carried out according to Checklists. For each individual question there is a sheet, according to which the inspector performs verification actions. There are two areas of inspections - personnel and working conditions. The personnel area of ​​work includes checking all the necessary documentation and the correctness of its execution, as well as the availability of all documents that must be present at any event. Here you can select a whole list of documents that can be checked selectively or by a complete check, but in general, the execution of the following operations is checked:

• Hiring and firing employees ( labor contract, applications for admission and dismissal, orders for admission and dismissal);
• Working hours, rest and work hours (timesheet, labor contract, internal labor regulations, vacation orders, vacation applications, vacation pay calculation);
• Labor remuneration (payroll and payroll, staffing, employment contracts);
• Labor protection (register of instructions on labor protection, labor contract, order of the head).

In order to know the rights and obligations of the employer and the employee, you can use special teaching materials issued by the labor inspectorate. Methodical materials for employers can be downloaded here:

Service "Electronic Inspector"

The TI website has a very informative service that allows both employers and employees to test themselves. This service is called "Electronic Inspector". For employers, the service will be useful in that you can check whether everything is doing correctly personnel worker and is it all Required documents personnel records executed in accordance with the legislation of the Russian Federation. For an employee, the service allows you to find out if his rights are violated from the point of view of labor legislation. In the "Electronic Inspector" service, the following areas of labor legislation can be distinguished for inspection:

• Work time;
• Labor protection of employees;
• Rules for the admission and dismissal of employees;
• Responsibility of both parties to the employment contract;
• Employee certification;
• Protection of personal information;
• Hours of work and rest;
• Salary;
• Labor contract and its amendments and others.

If you have concerns about the execution of certain personnel documents, it is very easy to check yourself in the "Electronic Inspector" service, this will help you avoid fines when checking the TUE.

Inspection frequency

In order for TI to be included in the plan for future inspections, it is necessary that at least of the following conditions be met:

1. After state registration of a company or individual entrepreneur, at least three years must pass. What does it mean? This means that if an individual entrepreneur or a legal entity was registered less than three years ago, then the TI will not be able to include it in the inspection plan.
2. More than three years should pass after the previous scheduled inspection. In the same way as in the previous paragraph, if three years have not passed since the previous inspection, then the inspection cannot include it in the list of planned inspections.

Verification period

Verification should not pass longer term specified in Russian law. In Federal Law No. 294 of December 26, 2008, Article Thirteen gives a clear indication of the timing. These instructions are shown in the table.

The table shows the maximum possible time frame, but the check may be completed earlier than the specified time frame.

Inspection bodies are increasingly using the possibilities of interdepartmental information exchange when carrying out control activities. So, the Federal Tax Service of the Russian Federation and Rostrud agreed to conduct joint inspections in order to identify companies evading personal income tax and insurance premiums due to improper registration labor relations with employees, when the employer, instead of the labor one, proposes to conclude a civil contract or does not draw up any documents at all.

The Labor Inspectorate specializes in detecting such violations, and now the results of the inspection can be not only fines for violating labor laws, but also additional charges of "salary" taxes.

Recall that inspections by the labor inspectorate can be planned and unscheduled.

Any company can find out if it was included in the plan of inspections on the website of the Prosecutor General's Office. Usually the plan is posted in December of the current year for the next year, and you can prepare for such a check.

But an unscheduled check can come as a complete surprise. At the same time, the most common reason for an unscheduled inspection is an employee's complaint.

What do workers most often complain about?

• Wages were not paid.
• I was unlawfully fired.

At the same time, an employee who is himself a violator often comes with a complaint to all instances, which becomes an additional aggravating circumstance for the employer.

It should be borne in mind that with 03.10.2016 payment of wages in the amount of less than the minimum wage is an independent basis for an unscheduled inspection. Corresponding changes were made to para. 4 h. 7 tbsp. 360 of the Labor Code of the Russian Federation Federal law dated 03.07.2016 No. 272-FZ.

By the way, an employee can also apply to the prosecutor's office. Then an unscheduled check will be carried out at the request of the prosecutor (paragraph 7, part 7, article 360 ​​of the Labor Code of the Russian Federation). In this case, the inspectorate has the right to go out for inspection immediately without additional approval from the prosecutor's office. It is enough to inform the latter about the beginning of the check.

Does the inspector have to warn about an unscheduled inspection?

If an inspection is carried out on the basis of an employee's complaint, it is forbidden to warn the company about this (part 9 of article 360 ​​of the Labor Code of the Russian Federation), unlike, for example, a scheduled inspection, about which the employer is notified at least 3 working days in advance.

In what form will the check be carried out?

The inspector can request the relevant documents, and then it will be a documentary check, or come in person (field check).

A documentary check can smoothly develop into an on-site check if the inspector was unable to verify the completeness and reliability of the information contained in the documents submitted to the inspection (part 4 of article 12 of Law No. 294-FZ).

The employer's refusal to submit documents or evasion of their submission will lead to the impossibility of checking the documents and will also serve as the basis for the appointment of an on-site inspection.

Can I ignore an email request for documents?

Should not be doing that. Law of December 26, 2008 No. 294-FZ "On the Protection of Rights legal entities and individual entrepreneurs when exercising state control (supervision) and municipal control ”allows the inspector to use any means of notification.

In case of documentary verification, the deadline for submitting documents is 10 working days from the date of receipt of the request (part 5 of article 11 of Law No. 294-FZ). Please note that the request for documents must be motivated.

Evasion of submission of documents can be regarded as obstruction of the legitimate activities of an official of the state control body. For this, the director faces a fine from 5 to 10 thousand rubles, and the company from 20 to 50 thousand rubles. Responsibility for a repeated violation is even tougher:

• for the director - a fine from 10 to 20 thousand rubles. or disqualification from 6 months. up to 1 year;
• for a company - a fine from 50 to 100 thousand rubles.

In addition, as mentioned above, without receiving the documents within the prescribed period, the inspector has the right to visit the employer in person on the basis of an order to conduct an on-site inspection. The absence of the head of the company or other authorized person on site, refusal to provide documents for control and unwillingness to agree with the inspector on a different date and time of the inspection will inevitably lead to administrative liability (see, for example, the decision of the Altai Regional Court of June 23, 2016 No. in case No. 4a-483/2016).

What is the peculiarity of submitting documents as part of an on-site inspection?

For on-site inspection, the deadline for submitting documents is not established by law. The inspector, leaving for inspection, is obliged to inform the head of the company or otherwise executive with an order (decree) on the appointment of an inspection, its goals and objectives, as well as with the terms and conditions of the conduct (part 4 of article 12 of Law No. 294-FZ). In this case, the inspector has the right to demand the immediate submission of all documents necessary for the control.

If the volume of documents is large and it is difficult to collect them quickly, it is necessary to writing notify the inspector about this and ask for additional time for the submission of documents.

What documents is the inspector entitled to request in connection with the employee's complaint?

The subject of inspection is determined by the employee's complaint. Accordingly, the inspector has the right to request documents directly related to the verification of the complaint. Another thing is that the list of such documents can be quite extensive.

So, checking the employee's complaint about non-payment of wages, the inspector has the right to request in relation to this employee:

• application for registration of labor relations;
• staffing table;
• The order of acceptance to work;
• labor contract;
• regulation on remuneration;
• provision on bonuses;
• an employee's application for the transfer of wages to a bank account,
• time sheets;
• pay slips;
• payment documents for the payment of wages.

And if the employee simultaneously indicates that a civil law contract has been concluded with him instead of a labor contract, then the inspector will also require the contract itself and a journal for registering civil contracts. In addition, the inspector may ask for explanations regarding the reasons for the conclusion of a civil contract.

At the same time, the inspector is not entitled to demand documents that are not related to the employee's appeal (see, for example, the decision of the Inta City Court of the Komi Republic dated October 13, 2015 in case No. 12-81 / 2015).

The main rules of state control are the inadmissibility of arbitrary implementation of control measures and strict adherence to the procedure for carrying out these measures (Article 3 of Law No. 294-FZ). The prohibition of the requirement of documents that are not related to the subject of the audit follows from clause 3 of part 1 of Art. 15 of the Law. Failure to comply with this rule is recognized as a gross violation during the audit, entailing the invalidity of its results (clause 5 of part 2 of article 20 of Law No. 294-FZ).

The result of the inspection carried out by the labor inspectorate

In case of revealing the facts of violation of the employee's labor rights, the result of the inspection by the labor inspectorate will be the initiation of an administrative offense case and bringing the employer to justice. The employer will also receive an order to eliminate the identified violations, failure to comply with which may entail a new inspection and new fines.

Also, it's okay now communication with the tax authorities, the labor inspectorate will transfer to the tax authorities information about the violations found and copies of documents testifying to such violations, for example, evidence of an unreasonable conclusion with an employee of a civil law contract and payments made under it.

What will the tax authority do with these documents?

The tax authority will be able to use the documents received as part of an in-house audit when the organization submits a personal income tax calculation. In addition, taking into account the transfer of the functions of administering insurance premiums to the tax authority, similar actions may follow when checking the calculation of insurance premiums.

Having established the existence of discrepancies in the documents, the tax authority will require clarifications within 5 days or make appropriate corrections (clause 3 of article 88 of the Tax Code of the Russian Federation).

In case of establishing the fact of violation of the legislation on taxes and fees, the organization is threatened with additional accruals for personal income tax and insurance premiums.

The tax authorities will report the results of the measures taken to the labor inspectorate.

In turn, if the tax authorities, as part of their inspections, reveal violations of labor laws, they will also share information with the labor inspectorate.

How to minimize the negative consequences of inspection by the labor inspectorate?

• It is ideal to contact the inspector if you manage to find common interests - the inspector is, first of all, a person.
• Not to enter into a conflict, and even more so not to be rude - who, in principle, might like it?
• Try to work out the request as much as possible - the inspector needs to make an informed decision on the inspection.
• Provide a description of the employee, especially in a conflict situation when the employee is abusing - the inspector should have a general picture, including the real reason for the employee's complaint.

It is possible that in this case the case will end with a warning, and the documents will not go beyond the labor inspection.