Hello! Today we will discuss what an inspection by the labor inspectorate is, what violations it reveals, and what the employer faces if he breaks the law. An audit from the tax office is the second most popular after the tax audit.
If you have at least one hired employee, be prepared to be checked for compliance with labor laws and labor safety standards. But, as they say, forewarned is forearmed. Undesirable consequences can be avoided if you know when, how they will check, and how you can prepare.
The procedure for conducting an inspection by the labor inspectorate
The entire verification process consists of several stages:
- Alert . The inspectorate notifies the employer of a planned on-site or documentary inspection no later than three days in advance by sending him a copy of the inspection order against signature. For its part, the person being inspected has the right to request complete information about the authorities and their employees who will carry out the inspection, and regulations with a detailed procedure for control activities. Even about an unscheduled inspection, the entrepreneur must be warned by letter a day before it begins.
- Document verification, on-site inspection by the labor inspectorate . Typically, an inspection begins with a request for copies of documents of interest to the inspection, but it happens that an on-site inspection is carried out first. The inspector must begin work by presenting an individual identification card and an inspection order, which you previously received as a notification. Only the inspection carried out by the person specified in the order to conduct the inspection will be legal.
Maximum scan duration:
| What they check | Deadlines |
| Branches | 2 months |
| Small business | 50 hours |
| Microenterprises | 15 hours |
| Other enterprises | 20 days |
- Based on the results of the inspection, two copies of the report are drawn up . In rare cases, the report is drawn up immediately at the employer; most often, the person being inspected is called to the inspectorate to complete the documents.
- If the inspector finds violations (it’s sad, but this happens in most cases), he will issue an order containing:
- Description of the violation and date of its commission;
- Link to the relevant law;
- Deadlines for eliminating violations. If a repeat inspection shows that the violations have not been eliminated, the company faces administrative liability.
According to the law, the results of the inspection can be appealed.
What documents may specialists require?
There is no clear list of documents that State Labor Inspectorate inspectors have the right to check, be it a scheduled or unscheduled, on-site or documentary inspection - labor safety inspectorate employees can request documents that relate to the topic of inspection, and also have the right to make copies of them or extracts from these papers.
During an unscheduled inspection, GIT employees can only require documentation on the topic of the audit: for example, if a complaint is received about refusal to conclude contracts, then the inspectors do not have the right to demand documentation on labor protection.
All documents that the labor inspectorate checks can be divided into three blocks:
- Personnel records (contracts and work books, personal cards, etc.);
- Accounting (statements, statements, payslips);
- On labor protection.
Documents checked by the inspection are not always available. In order not to run into a fine, we recommend reading this article.
Boundaries of what is permitted
What do labor inspectors have the right to do, and what actions are beyond the scope of their job descriptions?
The powers are specified in detail in Government Resolution No. 875, but here are the main ones:
- Check the employer at any time of the day. However, a prerequisite is the presence of a certificate and an order;
- Receive papers and data for verification, both from the employers themselves and from federal or territorial authorities;
- Take samples of substances for analysis. Only if the corresponding act is drawn up;
- Investigate accidents that may have been caused by violations of labor safety standards;
- Submit instructions to eliminate violations. Even the removal of certain persons from work. The employer has no right to refuse to fulfill them;
- In extreme cases, submit a demand to the court to terminate the company’s activities;
- Participate in litigation as an expert.
Please note that in 2021 inspections will take place in a new format, which was established by Government Decree No. 1080 of September 8, 2017. The powers and procedures of inspectors remain the same. The changes affected the audit results. Now they will be entered into checklists, which are grouped by topic. One sheet - one topic.
Take, for example, an employment contract. The inspector has the right to ask the employee whether he has entered into an employment contract with the company. If it turns out that it is not, and this is confirmed during the inspection, the contract was not presented by the company management upon request, a violation is entered into the checklist. All identified violations must be documented, so that later there are no disputes or disagreements with the results of the inspection.
In essence, checklists are a kind of questionnaire - a guide, according to which the inspector asks questions within the framework of a certain topic of the checklist, and upon receiving answers, requires them to be documented. A total of 132 checklists have been approved, but this does not mean that they will all be completed. In each specific case, the inspector, based on the company’s activities, decides independently which sheets to use and which not. What is noteworthy is that he does not have the right to check more than what is indicated in the checklists.
Inspectors cannot:
- Request information and samples that are not related to the object of inspection;
- Seize the originals of any documents.
Paid services of scammers
Remember, any inspection begins with the inspector’s identification and an inspection order, which must be signed and sealed by the head of the territorial body. Don’t even let them near your documents without them.
Fraudsters know how to play on the feelings of entrepreneurs - they introduce themselves as employees of the labor inspectorate, scare them with an upcoming unscheduled inspection and offer to help them prepare for it. For money, of course. Remember: no government departments provide paid services.
Grounds for inspection by the labor inspectorate
Inspections by the labor inspectorate, like most other inspections, can be scheduled or unscheduled.
Any organization can be subject to a scheduled inspection by the labor inspectorate; more compelling reasons are needed for an unscheduled inspection.
So, the reason for an inspection can be:
- A scheduled inspection may be based on one of the following reasons:
- The employer registered or started doing business 3 years ago;
- The previous inspection ended 3 years ago.
According to the moratorium on inspections of small businesses in Russia, until the end of 2021, enterprises covered by the law were exempt from scheduled inspections by the labor inspectorate. Currently, the Ministry of Economic Development and the Prosecutor General, on behalf of the Government, are developing amendments to the legislation providing for the extension of this moratorium until 2022.
The inspection schedule for 2021 has already been presented on the website of the Prosecutor General's Office.
- The impetus for an unscheduled inspection (there are no restrictions on the frequency of such inspections by law) can be:
- Expiration of the deadline for fulfilling the order from the last inspection;
- Issue of an order based on instructions from the prosecutor's office;
- Delay by the employer of wages, as well as payment of them not in full;
- Payroll below the minimum required by law;
- Violation of the Labor Code of the Russian Federation, causing a threat to the health of employees;
- Receipt of complaints from employees about violation of their rights specified in the Labor Code of the Russian Federation or requests to check working conditions (the inspectorate does not consider anonymous requests, but it must act confidentially, without advertising whose complaint the inspection was organized for).
Types of unscheduled inspection
Unscheduled inspections by the GIT inspector are different.
And they depend on the reason and purpose for which they are carried out (table). Unscheduled inspections
| Types of checks | Procedure |
| Documentary | The inspector requests the necessary documents. The inspector does not have the right to demand from the employer documents that he can obtain himself from other state or municipal control bodies |
| Visiting | Appointed if, during a documentary check, the labor inspectorate did not verify the completeness and accuracy of the information contained in the documentation. Inspectors check the compliance of workplaces with the number of employees, the condition of territories, buildings, premises, equipment, vehicles, manufactured and sold goods |
| Complex | The inspector checks how the employer complies with legal requirements in general: labor safety issues, the correct maintenance of personnel documentation, local regulations |
| Target | Targeted inspections are carried out based on employee complaints. These are the most common checks |
| Thematic | If an employee does not want management to know about his complaint, the inspectorate conducts a thematic inspection. Its topic is directly linked to the employee’s application and adapted to the sections of the Labor Code |
What does the labor inspectorate check?
Compliance with any labor legislation at the enterprise is subject to verification.
The labor inspector has the right to request (and you will be required to provide) the following documents:
- Employment contracts, personal cards of employees and other data about them;
- Work books of employees at the enterprise and their accounting log;
- Work schedule and time sheet for hours worked;
- Sick leave certificates, documents on medical examinations of employees;
- Vacation schedule, as well as other documents related to it (employee statements);
- Calculation sheets;
- Accounting statements, individual employee accounts and other information about employee payments;
- Company charter and internal regulations;
- Registration of work with citizens of other states and beneficiaries;
- Regulations on wages, bonuses, and personal data of employees;
- Evidence (personal signatures) that all employees are familiar with the above documents.
The exact list of documents for inspection by the labor inspectorate depends on the basis for its conduct.
How to prepare for a labor inspection inspection
The most common violation that entails a fine for the employer is the lack of all necessary documents.
Local acts are mandatory for every organization, even the smallest one, with hired employees. For example, this is a set of internal regulations, regulations on personal data of employees.
It is also mandatory to issue a payslip (payment via bank transfer is no exception) - they do not have to be issued against signature, but employees should be aware of their right to know the payment made for the month. If desired, the employer has a way to insure itself by maintaining a log of the issuance of pay slips.
The employer must keep work books for all employees in a safe.
Employers often make inaccuracies in the preparation of basic documents. For example:
- The employment contract does not specify the wage rate;
- The copy of the employment contract (any other document) belonging to the employer does not bear the employee’s signature;
- The vacation schedule was signed later than 14 days before the start of the calendar year.
In addition to documents, you should also take care of compliance with all labor law standards. Timely certification and safety of employees in their workplace are very important. Whether workers need special clothing or accessories, protective masks or gloves, and much more depends on the type of work they perform.
Other common mistakes:
- Annual leave is divided into small parts, and none of them reaches 14 days;
- Salary is below the minimum wage;
- The salary amount is not indicated in Russian rubles;
- Salaries are paid less than once every 15 days, and there is no written consent of the employee to such a payment schedule;
- Hiring foreign citizens under a fixed-term contract before the expiration of the work permit. To avoid administrative liability with foreign citizens, it is better to enter into standard open-ended contracts.
On-site inspections of the State Tax Inspectorate: how can an employer prepare? Rights of employers during inspections
T. N. Malitskaya author of the article, specialist in accounting and taxation, HR issues, payroll taxation, application of labor legislation, head of the Ascon CSC
Every year, Rostrud draws up a plan identifying employers who will be inspected next year. This plan is consistent with the prosecutor's office and is freely available. In order to check whether your organization is included in the inspection plan, you need to visit the labor inspectorate website https://git78.rostrud.ru/plan/ or the prosecutor’s office website https://procspb.ru/plan-proverok. The information posted on these sites will, among other things, indicate the month of the inspection, the grounds for its conduct, the type of inspection (B - on-site or D - documentary), as well as the name of the state control (supervision) body with which this inspection will be carried out jointly . The approved plan is not adjusted during the year.
It would be a good idea to look at this plan before the vacation schedule for the next year is approved, so that key employees do not end up on vacation during the check month indicated in the schedule. And if you have already approved the schedule, then, if necessary, it will have to be adjusted. An extract from the 2021 inspection plan is shown in Table 1.
In addition, if in the inspection plan you see an unauthorized basis for its conduct (for example, 3 years have not passed since the date of state registration of the legal entity), then you should write a letter about this to the state labor inspectorate, attach copies of supporting documents, and then the inspection will not take place. As practice shows, about 10% of companies included in the inspection plan end up in it without legal grounds.
Table 1
Plan for conducting scheduled inspections of legal entities and individual entrepreneurs for 2021 (extract)
The nature, types, grounds, timing and purposes of inspections are given in Table 2.
table 2
GIT inspections: types, grounds, timing
| Nature of checks | ||
| Planned | Unscheduled | |
| Subject of inspection |
| |
| Reasons for carrying out | Carried out after three years from the date: 1) state registration of a legal entity; 2) completion of the last scheduled inspection of the legal entity; 3) the start of business activities by a legal entity. | 1) Expiration of the deadline for the organization to comply with a previously issued order to eliminate violations; 2) receipt by the labor inspectorate of appeals and statements about violations by employers of the requirements of labor legislation and other regulatory legal acts, including labor protection requirements, which resulted in a threat of harm to the life and health of workers; - if the federal labor inspectorate received: a) an employee’s appeal or statement about the employer’s violation of labor rights; b) an employee’s request to conduct an inspection of labor conditions and safety at his workplace (Article 219 of the Labor Code of the Russian Federation); — publication by the head of the labor inspection of an order (instruction) on instructions from the President of the Russian Federation, the Government of the Russian Federation, or on the basis of the prosecutor’s request to conduct such an inspection as part of supervision over the implementation of laws on materials and appeals received by the prosecutor’s office. |
| notice period | No later than 3 working days before the start by any available method. | No later than 24 hours before it starts by any available means. In cases where notification of an inspection may harm its effectiveness and will conceal the fact of a violation, notification of the employer about the upcoming inspection is not permitted. |
| The notification received from the State Tax Inspectorate should be registered in the registration journal for incoming correspondence in order to record the period of notification. | ||
| Dates | The general rule is that the inspection period should not exceed 20 working days. For small businesses, the period for conducting a scheduled inspection is:
When conducting an unscheduled on-site inspection, as well as a documentary inspection of small businesses, the generally established rule is applied - 20 working days. If necessary, the labor inspectorate may extend the inspection period, but by no more than 20 working days, and in relation to small enterprises and micro-enterprises - by no more than 15 hours. If the labor inspectorate has decided to extend the inspection period, it must be brought to the attention of the employer at least 3 working days before the end of the main inspection period. For a legal entity that operates in the territories of several constituent entities of the Russian Federation simultaneously, inspection deadlines are set separately for each branch, separate division, or representative office, but the total period cannot exceed sixty working days. Extension of the period for unscheduled and documentary inspections is not allowed. | |
| Types of checks | ||
| Visiting | Documentary | |
| Location | On the employer's premises. | On the territory of the inspection authority. |
| Pros and cons of types of checks | pros – there is no need to copy, certify, staple and submit a large number of documents for verification. Minuses – inspectors can request any document. Inspectors can also check the premises occupied by the company and ask questions to the staff. | pros – documents for verification are requested in advance, it is possible to prepare them. If the documents provided to the regulatory authority are not sufficient to conduct a full inspection, then a request for additional information may be sent to the employer. The employer is obliged to provide the documents or other information specified in the request within ten working days. Minuses – with a large document flow, you will have to prepare a large number of documents, draw up inventories and transfer documents according to the act. |
The Government of Russia submitted bill No. 983383-6 [15] to the State Duma, which proposes to establish special fines for late payment of wages, increase the percentages provided for in Article 236 of the Labor Code, increase the period for workers to go to court, and allow State Labor Inspectors to carry out unscheduled inspections without coordination with the prosecutor's office.
The draft assumes that in case of late payment of wages
or setting wages below
the minimum wage
, GIT inspectors will have the right to conduct an unscheduled inspection of the employer. Now, to conduct such an inspection, the presence of complaints and the consent of the prosecutor's office are required.
The author of the bill is the Government of Russia, so the likelihood that the State Duma will consider and adopt this bill in the near future is very high. Thus, in the near future, the number of unscheduled inspections may increase significantly.
According to information posted on the website of the labor inspectorate for St. Petersburg, in 2015, 7,153 inspections were carried out, of which only 1,170 were on-site inspections, the remaining 5,983 were documentary (see diagram 1).
Diagram 1
Based on the inspections carried out in 2015, it can be concluded that in 78% of cases of inspections of the State Inspectorate for Civil Inspections, the basis for the inspections were citizens’ appeals and only 16% were scheduled inspections (see Diagram 2).
Diagram 2
Based on the weekly reports posted on the website of the labor inspectorate for St. Petersburg for 2021, the following conclusions can be drawn:
1) in 85 cases out of 100, inspections end in identifying violations;
2) of the identified violations, more than half relate to labor protection at the enterprise;
3) the average administrative fine is 50,000 rubles.
Employer's rights during an on-site inspection
At the request of the employer, inspectors are required to present official identification.
Before starting the inspection, the head of the organization (representative) must receive a copy of the order (order) of the head of the State Inspectorate against signature; the persons conducting the inspection must provide it.
The employer has the right to request from officials all information about the body that sent them to conduct the inspection, as well as about the experts and expert organizations participating in it, Part 3 of Art. 14 [2].
The head of the organization being inspected or his authorized person has the right to be present during the inspection, as well as to give appropriate explanations to paragraph 1 of Art. 21 [2], para. 2 clause 8 [3] and inspectors have no right to interfere with this.
The employer has the right to become familiar with all administrative regulations for control measures and the procedure for their implementation at those facilities that the legal entity uses in conducting its activities.
If the head of the organization (authorized representative) is absent during the inspection, an on-site inspection (scheduled, unscheduled) cannot be carried out. The exception is cases when an inspection is carried out on such grounds as: causing harm to the life or health of citizens, harm to animals, plants, the environment, or cultural heritage sites.
At the end of the inspection, the inspector must draw up a report in which the manager (authorized person) puts his signature, thereby confirming that he is familiar with the results of the activities carried out in Part 1 of Art. 16 [2], para. 1 clause 61 [3].
If the employer does not agree with the conclusions or facts set out in the report based on the results of the inspection (or in the order to eliminate the identified violations), he can submit his objections in writing. Objections are submitted to the body that carried out the control measures within 15 days from the date of receipt of the inspection report, part 12, article 16 [2], para. 1 clause 63 [3].
If the organization has documents that can confirm the validity of the objections, then certified copies of such documents are attached to the act.
The employer has the right to appeal administratively or judicially against the actions (inactions) of officials of the body conducting the inspection, as a result of which his rights were violated, Art. 254 Code of Civil Procedure of the Russian Federation [10].
If an administrative penalty was applied to an employer based on the results of an inspection, it can also be challenged. To do this, you should provide documents, evidence or other arguments that can confirm that you are right.
The employer also has the right to file a claim in court to recover damages or lost profits that were caused by the actions (inaction) of officials of the state control body, and which were declared unlawful by Art. 22 [2].
Employer's responsibilities during an on-site inspection
The employer is obliged to provide documents for verification only if a documentary check of Part 5 of Art. 12 [2], para. 7 clause 8 [3].
If original documents are transferred, it is best to formalize such transfer in writing. This can be done in the form of a transfer and acceptance certificate or an inventory.
When preparing documents, the employer must be guided by the procedure for transferring personal data of employees, which is provided for in Art. 88 Labor Code of the Russian Federation [1]. Namely: the act must indicate that the transmitted data can only be used for control procedures.
The head of the organization being inspected is obliged to be personally present during the inspection, or to ensure the presence of authorized representatives who are responsible for organizing and conducting activities to fulfill all mandatory requirements in the field of labor and its protection, Part 1 of Art. 25 [2], para. 9 clause 8 [3].
In addition, the employer is obliged to ensure unimpeded access for inspectors to the territory of the organization, as well as to buildings, structures, and premises that are used by the organization in carrying out its business activities, as well as to equipment and transport.
Registration of inspection results
At the end of the inspection, the inspector must draw up a report in two copies, the standard form of the report is approved by Order of the Ministry of Economic Development of Russia dated April 30, 2009 N 141 [9].
One copy is handed over to the head (authorized person) of the organization being inspected against signature. If the manager refuses to sign, a corresponding entry is made on the act.
All legal entities and entrepreneurs must keep a log of inspections in accordance with Part 8 of Art. 16 [2] and, in turn, the employer has the right to require inspectors to make an entry in such a journal.
If violations are identified based on the results of the inspection, state labor inspectors, simultaneously with the act, have the right to present employers or their representatives with an order to eliminate violations of labor legislation, Part 3 of Art. 16 [2], para. 4 paragraph 60 [3].
The instructions presented are mandatory for the execution of Art. 357 of the Labor Code of the Russian Federation [1].
The period for appealing an order must not exceed:
- 15 days if the appeal is made to a superior manager or the Chief State Labor Inspector of the Russian Federation, clause 12 of Art. 16 [2].
- 10 days when appealing to the court, Part 2 of Art. 357 of the Labor Code of the Russian Federation [1].
The appeal period begins to count from the date the employer receives the order attached to the inspection report.
If during the inspection violations of labor legislation and the deadlines for bringing to responsibility, which are established by Art. 4.5 of the Code of Administrative Offenses of the Russian Federation [12], have not yet expired, the inspector, in addition to the act, draws up a protocol on the administrative offense, paragraph. 6 clause 60 of the Regulations [3], clause 1 art. 28.5 Code of Administrative Offenses of the Russian Federation [12].
It may happen that during the inspection there will be gross violations of the established requirements for organizing and conducting inspections, then, according to Part 1 of Art. 20 [2], its results cannot be evidence of violation by the employer of mandatory requirements and requirements provided for by municipal legal acts. The results of such inspections are subject to cancellation by a higher state control (supervision) body or a court based on an application from the employer.
Gross violations during inspections are (Part 2 of Article 20 [2]):
- lack of grounds for conducting a scheduled inspection;
- failure to comply with deadlines for notification of inspections;
- failure to comply with scheduled inspection deadlines;
- involvement in the implementation of control measures of legal entities and individual entrepreneurs not accredited in the established manner, as well as citizens who have not passed certification;
- lack of grounds for conducting an unscheduled on-site inspection;
- failure to agree with the prosecutor's office on an unscheduled on-site inspection of a legal entity or individual entrepreneur;
- violation of the terms and time of scheduled on-site inspections in relation to small businesses;
- carrying out an inspection without a directive or order from the head (deputy) of a state or municipal control body;
- requesting documents not related to the subject of the inspection;
- exceeding the established deadlines for the inspection;
- failure to submit an inspection report;
- carrying out a routine inspection not included in the annual plan;
- conducting an on-site inspection with the participation of experts and expert organizations that have civil and labor relations with legal entities and individual entrepreneurs in respect of whom the inspection is being carried out.
Depth of inspection
Article 357 of the Labor Code of the Russian Federation [1] states that when conducting inspections, state labor inspectors have the right to request from employers and receive from them free of charge documents, explanations, and information necessary to perform control functions. However, the law does not limit controllers regarding the period for inspection coverage. However, the employer is not required to submit documents whose retention period has expired.
All personnel documents must be stored in the organization in accordance with the established retention periods. There is a List regulating the storage periods for personnel documents, it was approved by order of the Ministry of Culture of Russia dated August 25, 2010 N 558 [16]. All organizations, regardless of their form of ownership, must comply with the deadlines specified in the List.
Please note Federal Law No. 43-FZ dated March 2, 2016 [17], according to which documents on personnel created after 2003 must be stored for 50 years. For documents on personnel that relate to civil service (except for state civil service), this law provides for special rules.
What documents do inspectors request?
To date, there is no legally established single list of documents that every organization should have available. An analysis of various regulations shows that organizations must formulate separate local regulations, maintain certain journals, issue orders and other documents, and also comply with their storage periods. Each organization can create its own list of documents that should be in this particular company. In such a list it is necessary to indicate not only the names of documents, but also the reasons for their maintenance, as well as document logs.
An approximate list of documents that the labor inspectorate may require during an inspection is given in Table 3.
Table 3
| Item no. | Title of the document |
| 1 | Employment contracts and additional agreements thereto |
| 2 | Agreements on full individual financial liability and agreements on full collective (team) financial liability |
| 3 | Student contracts |
| 4 | Work records |
| 5 | Movement accounting book and receipt and expenditure book for accounting of work books and inserts for them |
| 6 | Personal cards of employees |
| 7 | Staffing table |
| 8 | Vacation schedule and notice of the start of vacation |
| 9 | Time sheet |
| 10 | Pay slips and order to approve the pay slip form |
| 11 | Local acts. Mandatory local acts include internal labor regulations, regulations on wages and bonuses, regulations on personal data of employees (Article 87 of the Labor Code of the Russian Federation) and instructions on labor protection (Article 212 of the Labor Code of the Russian Federation) |
| 12 | Occupational safety documents |
| 13 | Orders (instructions) of the employer |
| 14 | Military registration documents for citizens |
| 15 | Regulations on the branch, representative office |
| 16 | Regulations on certification |
| 17 | Regulations on the protection of trade secrets |
| 18 | Shift schedule |
| 19 | Results of medical examinations of employees, if necessary (Article 212 of the Labor Code of the Russian Federation) |
| 20 | Other documents (must be available only in cases where any actions of the employer depend on the will of the employee or are provided for by the legislation of the Russian Federation) |
Labor inspectors have the right to supervise and control the implementation of workers' rights to receive coverage for compulsory social insurance against accidents at work and occupational diseases, as well as the appointment, calculation and payment of temporary disability benefits at the expense of employers (Article 356 of the Labor Code of the Russian Federation [1]). In addition to documents confirming the payment of benefits, labor inspectors can check the availability of a first aid kit, since Article 223 of the Labor Code of the Russian Federation [1] obliges employers to create sanitary posts with first aid kits. All organizations are required to have a first aid kit, regardless of whether their activities are industrial or not. Inspectors can check not only the presence of a first aid kit in the organization, but also its contents.
Statute of limitations for prosecution and amounts of fines for violation of labor laws
When touching on the topic of inspections, it is impossible to ignore information about the statute of limitations for holding people accountable for violations of labor laws. After this period, the employer cannot be held liable for the offense committed, regardless of whether he was guilty of the offense.
A decision in a case of an administrative offense cannot be made after 1 year from the date of commission of the administrative offense, Art. 4.5 Code of Administrative Offenses of the Russian Federation [12].
If the statute of limitations for bringing to justice has expired, the case of an administrative offense must be terminated, paragraph 1 of Art. 24.5 Code of Administrative Offenses of the Russian Federation [12].
The statute of limitations for bringing to administrative responsibility for an offense in respect of which the obligation provided for by a legal act was not fulfilled by a certain date begins to expire from the date of the specified period.
The amount of administrative responsibility is given in Table 4.
Table 4.
Responsibility for “labor” violations
| Norm Code of Administrative Offenses of the Russian Federation | Offense | Responsibility | ||
| officials | IP | organizations | ||
| Part 2 Art. 5.27 | Actual admission to work by a person not authorized by the employer, if the latter refuses to enter into an employment contract with the person admitted to work | 10 000 – 20,000 rub. | No | |
| Part 3 Art. 5.27 | Evasion or improper execution of an employment contract | 10 000 – 20,000 rub. | 5,000 – 10,000 rub. | 50,000 – 100,000 rub. |
| Conclusion of a civil law contract that actually regulates labor relations | ||||
| Part 5 Art. 5.27 | Committing an offense under Part 2 or 3 of Art. 5.27 of the Code of Administrative Offenses of the Russian Federation by a person previously punished for a similar offense | Disqualification for 1–3 years | 30,000 – 40,000 rub. | 100,000–200,000 rub. |
| Part 1 Art. 5.27 | Other violations of labor laws and regulations | Warning or 1,000 – 5,000 rubles. | Warning or 30,000 – 50,000 rubles. | |
| Part 4 Art. 5.27 | Committing an offense under Part 1 of Art. 5.27 of the Code of Administrative Offenses of the Russian Federation by a person previously punished for a similar offense | 10 000 – 20,000 rub. or disqualification for 1–3 years | 10,000 – 20,000 rub. | 50,000 – 70,000 rub. |
| Part 3 Art. 5.27.1 | Admission to work for an employee who has not passed:
| 15,000 – 25,000 rub. | 110,000 – 130,000 rub. | |
| Admission to work for an employee if he has medical contraindications | ||||
| Part 4 Art. 5.27.1 | Failure to provide workers with personal protective equipment | 20,000 – 30,000 rub. | 130,000 – 150,000 rub. | |
| Part 1 Art. 5.27.1 | Violation of other state regulatory requirements for labor protection | Warning or 2,000 – 5,000 rubles. | Warning or 50,000 – 80,000 rubles. | |
| Part 5 Art. 5.27.1 | Committing administrative offenses under Parts 1 - 4 of Art. 5.27.1 of the Code of Administrative Offenses of the Russian Federation by a person previously punished for a similar offense | 30,000 – 40,000 rub. or disqualification for 1 – 3 years | 30,000 – 40,000 rub. or suspension of activities for up to 90 days | 100,000 – 200,000 rub. or suspension of activities for up to 90 days |
| part 23 art. 19.5 | Failure to comply on time or improper compliance with a legal order of a state labor inspector | 30,000 – 50,000 rub. or disqualification for 1–3 years | 30,000 – 50,000 rub. | 100,000 – 200,000 rub. |
The most common violations of labor legislation based on the results of inspections of the State Labor Inspectorate in St. Petersburg for 2015, the number of decisions made to impose administrative liability and the amount of fines are shown in diagrams 3, 4 and 5.
Diagram 3
Diagram 4
Diagram 5
Bibliography
1. Labor Code of the Russian Federation dated December 30, 2001 N 197-FZ. 2. Federal Law of December 26, 2008 N 294-FZ “On the protection of the rights of legal entities and individual entrepreneurs in the exercise of state control (supervision) and municipal control.” 3. Administrative regulations for the execution by the Federal Service for Labor and Employment of the state function of exercising federal state supervision over compliance with labor legislation and other regulatory legal acts containing labor law norms, approved by Order of the Ministry of Labor of Russia dated October 30, 2012 N 354n. 4. Methodological recommendations for planning by state labor inspectorates in the constituent entities of the Russian Federation of activities for the implementation of federal state supervision over compliance with labor legislation and other regulatory legal acts containing labor law norms approved by Order of Rostrud dated October 28, 2010 N 455 5. Decree of the Government of the Russian Federation dated November 23 .2009 N 944 “On approval of the list of activities in the field of healthcare, education and social sphere, carried out by legal entities and individual entrepreneurs, in respect of which scheduled inspections are carried out at established intervals.” 6. Decree of the Government of the Russian Federation of September 1, 2012 N 875 “On approval of the Regulations on federal state supervision of compliance with labor legislation and other regulatory legal acts containing labor law norms.” 7. Convention No. 81 of the International Labor Organization “On Labor Inspection in Industry and Commerce”. Concluded in Geneva on July 11, 1947. 8. Decree of the Government of the Russian Federation of June 30, 2010 N 489 “On approval of the Rules for the preparation by state control (supervision) bodies and municipal control bodies of annual plans for conducting scheduled inspections of legal entities and individual entrepreneurs.” 9. Order of the Ministry of Economic Development of the Russian Federation dated April 30, 2009 N 141 “On the implementation of the provisions of the Federal Law “On the protection of the rights of legal entities and individual entrepreneurs in the exercise of state control (supervision) and municipal control.” 10. Civil Procedural Code of the Russian Federation dated November 14, 2002 N 138-FZ. 11. Resolution of the State Standard of the Russian Federation dated 03.03.2003 N 65-st “On the adoption and implementation of the state standard of the Russian Federation (together with “GOST R 6.30-2003. State standard of the Russian Federation. Unified documentation systems. Unified system of organizational and administrative documentation. Documentation requirements"). 12. Code of the Russian Federation on Administrative Offenses dated December 30, 2001 N 195-FZ. 13. Resolution of the Plenum of the Supreme Court of the Russian Federation dated March 24, 2005 N 5 “On some issues that arise for courts when applying the Code of the Russian Federation on Administrative Offenses.” 14. Order of the Ministry of Health and Social Development of the Russian Federation dated 03/05/2011 N 169n “On approval of requirements for equipping first aid kits with medical products to provide first aid to employees.” 15. Draft Federal Law N 983383-6 “On Amendments to Certain Legislative Acts of the Russian Federation on the Issues of Increasing the Responsibility of Employers for Violations of the Legislation Regarding Remuneration” (as amended by the State Duma of the Federal Assembly of the Russian Federation, text as of 27.01. 2016). 16. Order of the Ministry of Culture of Russia dated 08/25/2010 N 558 “On approval of the “List of standard management archival documents generated in the process of activities of state bodies, local governments and organizations, indicating storage periods” 17. Federal Law dated 03/02/2016 N 43- Federal Law “On Amendments to the Federal Law “On Archival Affairs in the Russian Federation”.
Fines from the labor inspectorate
If the labor inspector reveals violations, then first of all the employer will be given an order. Failure to eliminate all points of the order may result in suspension of activities or a fine.
Depending on the violation, a fine may be imposed on the company itself, its director, individual entrepreneur, or responsible persons (this may be the head of the personnel department or the chief accountant), if this is provided for by the company’s rules.
The most common fines issued by the labor inspectorate in 2021:
| Violation | Fine for an official | Fine for individual entrepreneurs | Fine for a legal entity | |
| Violation of labor laws | 1,000 - 5,000 rubles | 30,000 - 50,000 rubles | ||
| Repeated violation of labor laws | 10,000 - 20,000 rubles or disqualification for up to three years | 5,000 - 10,000 rubles | 50,000 - 100,000 rubles | |
| Admission to work of an employee who does not have the right to do so (for example, without a health certificate), while the employee denies this. | 10,000 - 20,000 rubles for the employer and 3,000 - 5,000 for the employee | |||
| Evasion of concluding an employment contract with an employee or its incorrect execution | 10,000 - 20,000 rubles | 5,000 - 10,000 rubles | 50,000 - 100,000 rubles | |
| Repeated evasion of concluding an employment contract, deliberately incorrect execution of it, or re-admission to work of an employee who does not have the right to do so | Disqualification for up to three years | 30,000 - 40,000 rubles | 100,000 - 200,000 rubles | |
| Violation of labor protection requirements | 2,000 - 5,000 rubles | 50,000 - 80,000 rubles | ||
| Repeated violation of labor protection | 30,000 - 40,000 rubles or disqualification for up to three years | 100,000 - 200,000 rubles or termination of activity for up to three months | ||
| Violation of special inspection requirements | 5,000 - 10,000 rubles | 60,000 - 80,000 rubles | ||
| Permission to work for an employee who has not undergone labor safety training | 15,000 - 25,000 rubles | 60,000 - 80,000 rubles | ||
| Failure to provide employees with personal protective equipment (when required) | 25,000 - 30,000 rubles | 130,000 - 150,000 rubles | ||
Scheduled and unscheduled inspections: grounds and purposes
According to Art. 360 of the Labor Code of the Russian Federation, inspections carried out by the labor inspectorate are:
- Planned. They are carried out according to a specific schedule drawn up and approved by the State Labor Inspectorate (hereinafter referred to as the State Labor Inspectorate). In accordance with Part 8 of Art. 9 of the Law “On Protection...” of December 26, 2008 No. 294-FZ, such inspections can be carried out no more than once every three years. The inspection plan is posted on the website of the regional division of Rostrud. For example, a schedule of inspections carried out in Moscow can be found on the GIT website in Moscow.
- Unscheduled. Conducted outside the established schedule in the following cases:
- at the end of the period to eliminate violations identified during the previous inspection;
- when the labor inspectorate receives an application for violation of the rights of workers (through non-compliance with deadlines for payment of wages, evasion of concluding an employment contract, etc.).
Purposes of the audit:
- assessing the effectiveness of measures aimed at maintaining occupational safety in the workplace;
- assessment of the employer’s compliance with the requirements of regulations establishing the rights of the employee;
- consulting employees and employers on certain issues of compliance with labor laws;
- identifying cases of violation of workers' rights.
