The Labor Inspectorate can check any organization and any individual entrepreneurs who have a staff of workers.
The reason for the start of an unscheduled inspection may be: a complaint from an employee, materials provided by the prosecutor's office, tax service, police, pension fund, social insurance fund, etc.
Labor inspectors also draw information they are interested in from job advertisements that contain discriminatory conditions, for example, "we will hire women," etc., but an inspection on such grounds can be carried out no more than once every three years.
First of all, the inspector checks the employer's compliance with the requirements of labor legislation. The most common violations are the absence of a formalized employment contract signed by both parties to the employment relationship, or an incorrectly drawn up employment contract, that is, it does not contain the mandatory conditions listed in Art. 57 of the Labor Code of the Russian Federation.
When concluding a fixed-term employment contract with an employee in the cases provided for in Part 1 of Art. 59 of the Labor Code of the Russian Federation, you should pay attention to the fact that such an agreement is not extended for the same period. If necessary, you need to dismiss the employee by terminating the fixed-term contract, and conclude a new one for the same period. Or in the case when the term of the contract has expired, and the employee, by mutual agreement with the employer, continues to work, the employment contract becomes indefinite.
If the organization has a collective agreement, the labor inspector during the inspection will make sure that labor agreements do not worsen the employee's position in comparison with the conditions of the collective agreement.
In addition, inspectors check the availability and correctness of filling out work books for each employee who has worked for more than five days, as well as a log book for the acceptance and issue of books. However, part-time workers can keep books at their main place of work.
The labor inspector is also interested in the presence of internal labor regulations in the organization, as well as the compliance of this document with the Labor Code of the Russian Federation. The employee is introduced to the rules when hiring him or two months before the adoption of the new rules.
Checking the correctness of the calculation and payment of wages, the labor inspector will request payrolls, cash books, the cashier itself, etc. Article 145.1. The Criminal Code of the Russian Federation provides for the criminal liability of the head of the company for non-payment of wages for more than two months in a row. Employees must be issued pay slips on a monthly basis. Compliance with the deadlines for dismissal and leave on vacation is also subject to verification.
Labor inspectors also check the following documents of the enterprise: staffing table, shift schedule, timesheet, vacation schedule, personnel orders (about hiring, about transfer, about vacations, about dismissal, about a business trip, about incentives, etc.)), as well as the procedure for maintaining and storing the personal files of employees.
In the field of labor protection, inspectors will check whether employees are familiar with the safety rules, obligatory medical examinations and examinations are carried out, etc.
In addition, the object of verification of the labor inspection is the correctness of the investigation and registration of accidents at work. Moreover, the state labor inspector can conduct an additional investigation of the accident, regardless of when it happened and issue an appropriate order to the employer.
Based on the results of the inspection of the labor inspector, an act is drawn up, a copy of which is handed over to the employer.
