Labour Inspectorate

The Labor Inspectorate is an uninvited guest, serious and unwanted. Heads of firms and enterprises of representatives of the federal labor inspection, as a rule, dislike and are afraid. From the point of view of management, the labor inspectorate will almost always find an opportunity to find fault with any, even the most insignificant errors in the field of documentation or identify existing violations of workers' rights. And they, in principle, today exist in almost any enterprise. In order to check the labor inspection as painlessly as possible, the company's management must not only carefully observe the legislation, but also have a good knowledge of the basic legal acts that form the basis of the activity of this body.

The management of the organization should remember that the labor inspectorate has the right to conduct planned inspections only once every two years. If we are talking about a small enterprise, then its leaders can expect a planned inspection only three years after registration.

Inspectors usually warn of a visit several days before the procedure begins, however, in some cases, labor inspection may appear without warning. This is especially often in the case of an audit of a complaint received from an employee of an enterprise. Such a check of labor inspection is considered unplanned. On the received complaint this body is obliged to react within a month. The complaint itself is made in writing, indicating the name, patronymic, surname and home address of the employee who has claims to the enterprise. These data are confidential, they can be disclosed only with the written consent of the employee who filed the complaint.

Another type of unplanned inspection is the task of the prosecutor's office. It should be expected if there are gross violations of the Labor Law at the enterprise.

Unplanned include so-called control checks. They are conducted in order to control the elimination of violations identified during the audit.

Labor inspectorate may come suddenly and in those cases when it has valid information supported by material evidence on the existence of unfavorable conditions at the enterprise, which threaten the health or life of workers, and also about the danger of harm to the environment.

The inspection by labor inspection of accidents occurring at the enterprise should be classified as a separate category.

The representative of this body is obliged to have an order to conduct such a procedure and certification. If the management of the audited enterprise has any doubts about the legality and legitimacy of the actions of the representative of the labor inspection, it is best to contact the labor inspectorate directly and clarify all the nuances of the procedure.

The maximum period is not more than one month. This period can be extended only in exceptional cases.

What does the labor inspection verify? In the first place is the establishment of the correctness of registration of the company's constituent documents . Next, the auditors will inquire about the state of collective and labor contracts, will check the accounting and rules of keeping labor books, the correspondence of records in them to records in orders. Also, all documents of personnel records and documents regulating the norms of rest and labor of employees of the enterprise will be checked. The question of payment of wages will not remain without audit attention. The described verification plan is considered standard, if there are special circumstances, changes and additions can be made to it.

At the end, the labor inspection prepares an act in which all the results of the work performed are indicated. If violations are detected, an order is prepared for their elimination and a protocol on administrative violation is drawn up , according to which a fine may be imposed on the management of the enterprise. The amount depends on the number and severity of the violations found.

To avoid trouble and payment of huge fines, the company management should carefully monitor the implementation of all norms of labor legislation and properly keep records and registration of personnel documentation.