Labor inspection check. Rating of violations of labor legislation according to inspections of git. What's new on offer

07.05.2020

What the labor inspectorate checks during a scheduled inspection, we will describe in detail in this material, and also explain how the GIT inspection plan is formed, where to get acquainted with it and what powers the inspectors have.

Regulatory regulation of scheduled inspections of the labor inspectorate

The legal basis for conducting inspections by the State Labor Inspectorate is contained in the following regulations:

Convention of the International Labor Organization “On Labor Inspection…” dated July 11, 1947 No. 81 (hereinafter referred to as the ILO Convention);
chapter 57 Labor Code Russian Federation (hereinafter referred to as the Labor Code of the Russian Federation);
Law No. 294-FZ of December 26, 2008 “On the Protection of Rights” (hereinafter referred to as Law 294-FZ);
Compliance Supervision Regulation labor law, approved Decree of the Government of the Russian Federation of September 1, 2012 No. 875 (hereinafter referred to as the Regulation);
Administrative regulations for the execution of the GIT functions of overseeing compliance with labor laws, approved. by order of the Ministry of Labor of October 30, 2012 No. 354n (hereinafter referred to as the Regulations);
Methodological recommendations for planning GIT in the constituent entities of the Russian Federation of measures to supervise compliance with labor laws, approved. Order of Rostrud dated October 28, 2010 No. 455 (hereinafter referred to as the Guidelines).

What does the GIT check during a scheduled check?

Supervisory activities of the labor inspectorate are aimed at detecting any violations of labor legislation and bringing those responsible for them to justice. For this, the law provides for such a form of supervision as the conduct of scheduled and unscheduled inspections (Article 356 of the Labor Code of the Russian Federation).

Methodological recommendations (Subclause 2.6 clause 2) highlight complex and thematic scheduled inspections of the GIT. The subject of the first is compliance with labor legislation in general (according to the main institutions of labor law). Thematic reviews may relate to a specific aspect of the employment relationship, for example:

their proper execution;
wages;
conclusion of a collective agreement;
working time and rest time;
providing guarantees and compensations;
provision of personal protective equipment;
registration and investigation of accidents at work;
compliance labor rights women, etc.

In practice, the plans indicate “observance of labor and labor protection legislation” as the purpose of the inspection. It is hardly possible to predict in advance what exactly the inspectors will be interested in.

The SIT also has the right to check the implementation of instructions to eliminate violations and take measures to prevent them, issued on the basis of the results of previously conducted inspections.

Compliance by the employer with the terms of local regulations (LNA), collective and labor agreements is not directly included in the subject of GIT inspections. But the obligation to fulfill them is established in Part 2 of Art. 22 of the Labor Code of the Russian Federation. Therefore, checks are carried out in this part.

How to find out when there will be a scheduled inspection of the GIT in 2018?

How to find out when the labor inspection will be checked? You can do this in 2 ways:

Firstly, labor inspectorates in the constituent entities of the Russian Federation are required to publish plans on the official website on the Internet (part 5 of article 9 of law 294-FZ). Usually the plan is placed in the form of an Excel file. Among other information, the month of the beginning of the check is also indicated. The placement period is until December 1 of the year preceding the year of the audit (clause 40 of the Regulations).
Secondly, before December 31 of each year, information about inspections for the next year is included in a single consolidated plan for inspections of business entities (part 7, article 9 of Law 294-FZ).

The website of the General Prosecutor's Office of the Russian Federation has a service that allows you to find out if there are inspections planned for the enterprise (and not only by the State Inspectorate). To do this, it is enough to enter at least the TIN of the organization or entrepreneur. The result will show:

inspection bodies;
subject of verification;
month of the beginning of the check;
period of verification activities.

It is impossible to know in advance the specific date of the beginning of the inspection. However, according to Part 12 of Art. 9 of Law 294-FZ, the enterprise is notified of the start of control measures no later than 3 working days before the start of the conduct by sending a copy of the relevant order.

Periodicity of planned control of the labor inspectorate

Previously, GIT inspections were carried out no more than once every 3 years. Since February 2017, a risk-based approach has been applied in the implementation of labor supervision (clause 17 of the Regulations). Inspection plans for 2018 were already formed with this approach in mind.

The essence of the approach is that all organizations and entrepreneurs are assigned a certain category of risk. The procedure for its assignment is regulated by the Rules, approved. Decree of the Government of the Russian Federation of August 17, 2016 No. 806. Depending on the risk category, the frequency of inspections is established:

high - 1 time in 2 years;
significant - 1 time in 3 years;
medium - 1 time in 5 years;
moderate - 1 time in 6 years.

IMPORTANT! Scheduled inspections of low-risk establishments are not carried out. If a risk category has not been assigned, the enterprise is considered to be of low risk.

Information about companies with the first two risk categories is published on the official website of the Federal Service for Labor and Employment. In addition, any enterprise can find out its risk category upon a written request to the State Labor Inspectorate. The response is sent within 15 working days from the date of receipt of the request. It is possible to apply for a change in risk category.

For enterprises operating in the areas of healthcare, electricity, education and some others, special inspection periods have been established regardless of the risk category (see Part 9 of Article 26.1 of Law 294-FZ; List approved by Decree of the Government of the Russian Federation of November 23. 2009 No. 944). They can be checked even more often than once every 2 years.

Principles for the formation of a GIT inspection plan

An exhaustive list of grounds for conducting scheduled inspections of the labor inspectorate is established in Part 8 of Art. 9 of the law 294-FZ. They are the expiration of the above terms from the day:

Registration of an organization or entrepreneur.
Completion of the previous scheduled inspection.
The beginning of the enterprise conducting certain types of business activities.

In the case of groundless inspections, the following consequences simultaneously occur:

their results are invalid;
guilty officials are subject to administrative liability under Art. 19.6.1 of the Code of Administrative Offenses of the Russian Federation.

In accordance with Art. 26.1 of Law 294-FZ, scheduled inspections until the end of 2018 are not carried out in relation to small businesses. There are 2 exceptions:

Companies for which there are special deadlines for inspections (we mentioned them earlier).
Enterprises that, following the results of the previous scheduled inspection conducted over the previous 3 years, were brought to administrative responsibility for gross violations of the law or were punished in the form of suspension / revocation of a license, disqualification, suspension of activities.

Small businesses unreasonably included in the inspection plan have the right to apply for exclusion from this plan.

Note that the existence of grounds for a scheduled inspection does not mean that the company will certainly be included in the plan. And if it did not fall into the approved plan, then its inclusion there in the future is not allowed. The exhaustive grounds for adjusting the plan are contained in clause 41 of the Regulations. They concern only exclusions from the plan and changes in information about those being checked.

Powers of inspectors during inspections

The rights of state labor inspectors are enshrined in Art. 357 of the Labor Code of the Russian Federation. So, as part of the check, they can:

at any time of the day, freely visit the territory of any employers (including individuals);
request documents, explanations and other information from employers;
take samples of processed and used substances and materials for analysis, etc.

In addition, on the basis of Art. 12 of the ILO Convention, GIT inspectors can ask questions directly to the personnel of the enterprise.

At the same time, inspectors must strictly comply with the requirements of the law (Article 358 of the Labor Code of the Russian Federation). The employer needs to study what duties and restrictions are placed on inspectors. In case of violations, their actions should be appealed. So, inspectors can enter the territory of the employer only upon presentation of service certificates and an inspection order (paragraph 47 of the Regulations).

Restrictions for inspectors are established in Art. 15 of the law 294-FZ. For example, it is forbidden:

conduct an audit in the absence of the head of the enterprise, entrepreneur, other official or their authorized representatives;
request information that is not related to the subject of verification;
disseminate the information obtained during the inspection, constituting a secret protected by law;
offer to pay for control measures;
require information before the start of the check, etc.

Groundless obstruction of the inspectors or evasion of the inspection threatens the employer with fines under Part 1 of Art. 19.4 and/or Art. 19.7 of the Code of Administrative Offenses of the Russian Federation.

What documents may be required by the GIT?

Representatives of the labor inspectorate have the right to demand from the employer any documents related to the subject of the inspection. Among them:

Charter of the organization, certificates of registration and registration with the tax office, regulations on the branch, etc.
Personnel documents: labor and collective agreements, work books, orders, staffing, timesheets, etc.
Local regulations: on remuneration, on personal data, business trips, internal work schedule, on labor protection, etc.
Accounting documents relating to accrual and payment wages: pay slips, personal accounts, pay slips, etc.
Journals of safety briefings, accident records, etc.

IMPORTANT! The inspectors do not have the right to request information that they can receive as part of interdepartmental interaction: information from the Unified State Register of Legal Entities, Unified State Register of Legal Entities, Unified State Register of Legal Entities, data on the status of payments for insurance premiums, etc. (Clause 8, Article 15 of Law No. 294-FZ, p 51.1 of the Regulations).

The law does not establish restrictions on the period for which the audit is carried out. However, it is possible that the storage period for the documents has expired and they have been destroyed. Then the employer may not provide these documents by sending a written explanation of the reasons for their absence. It should be noted that the terms of storage of personnel documents and other documents related to labor relations, established in the list, approved. by order of the Ministry of Culture of August 25, 2010 No. 558.

The planned control measures of the GIT are aimed at identifying, suppressing violations of labor laws and bringing the perpetrators to justice. The check can be devoted to both general institutions of labor law and specific ones. It is impossible to know in advance which documents will be of interest to the supervisory authority. The employer is recommended to review the inspection plan annually in order to meet the inspectors fully armed.

Since this year, the risk-based approach has been applied to federal state supervision in the sphere of labor. C provides criteria for assigning employers to a particular risk category. The risk category is calculated according to the formula and the frequency of scheduled inspections in relation to the employer depends on it:

high risk - 1 time in 2 years
significant risk - once every 3 years
medium risk - 1 time in 5 years
moderate risk - once every 6 years
low risk - no scheduled inspections are carried out

Rostrud on its official website publishes lists of organizations that are threatened with GIT inspections. There is a list of employers whose activities are classified as high risk, and a list of employers whose activities are classified as significant risk.

open the plan of checks by the link ;
select a region in one of two risk categories;
check if the organization is on the list.

Another important point: in 2017, Rostrud continues to implement the measures provided for by the Concept for Improving the Efficiency of Ensuring Compliance with Labor Legislation and Other Regulatory Legal Acts Containing Labor Law Regulations (for 2015-2020), which was approved.

As part of this concept, the Online Inspection.rf service was put into operation, which can be used by both employers and employees to check the accuracy of planned or completed procedures online. Based on the results of filling out the “checklist”, the user receives a conclusion from the system about the absence or presence of violations, in case of violations, the service offers tools to eliminate them.

Rostrud continues to expand the number of checklists this year as well. As part of the implementation of the Concept, it is planned to create specific tools to encourage employers to use the service. In particular, we are talking about the regulatory framework, on the basis of which the employer will be able to voluntarily submit a declaration on compliance with the requirements of labor legislation to the state labor inspectorate. The declaration will be automatically generated based on the results of using the Online Inspection.rf resource, including the passage by the employer of verification procedures using checklists and the elimination of identified violations. After confirming the results of the inspection, the labor inspectorate will be able to decide on incentive measures for the respective employer, which can be expressed in the form of a guarantee of protection from planned inspections by the supervisory authority and other benefits.

Any employer can conduct an "audit" of the internal labor regulations. To do this, just open and check the presence of all sections in the rules. In most cases, problems when checking the GIT arise due to the absence of any sections.

Local regulations establishing wage systems ()

All employers should also have such acts. And it doesn't matter how they are called. It may even be an independent section of remuneration in the internal labor regulations.

Trade secret provisions

The document is required if there is a trade secret regime in the company. If there is such a regime and the employer wants to protect commercial secrets, then he needs to develop a local regulation that will define the rules for protecting commercial secrets.

Rules and instructions for labor protection (see section X of the Labor Code of the Russian Federation)
Local regulations establishing labor standards (Chapter 22 of the Labor Code of the Russian Federation)
Vacation schedule ()

This document must be looked at during GIT checks.

Within the framework of the law on combating corruption, organizations (not individual entrepreneurs!) Should develop codes of ethics (rules of conduct), as well as local regulations establishing job quotas for people with disabilities.

In addition to the documents that are mandatory for almost all employers, there is a list of local regulations and contracts, taking into account the specifics of the business. These are the following documents:

Collective agreement

Often, when receiving a request from the GIT for verification and among the list of documents, finding a collective agreement that he does not have, the employer gets scared. However, by referring to, he can justify the absence of this document.

Shift schedules ()

This document is required only for those employers who have a shift schedule.

Regulations on business trips

If we are talking about a state institution, municipal institution or body local government(listed in), then the procedure for sending an employee on a business trip is determined by regulatory legal acts. All other employers must determine the procedure for sending an employee on a business trip by local regulations.

Local act on traveling nature of work

If the organization has employees with itinerant character work, they need to compile this local act or provide for a separate section in the internal labor regulations. The positions of workers with a traveling nature of work should be named there.

Local acts establishing the procedure for attestation of employees

Local normative act regulating the division of the working day into parts

If there are no workers who work in the mode of dividing the working day into parts, then there may not be a corresponding local regulatory act. If there are such employees, then the presence of a local regulatory act is mandatory. Issues governing the division of the working day into parts can also be spelled out in the internal labor regulations.

Local regulations that establish the conditions and procedure for conducting vocational training, retraining, advanced training of employees, as well as sending employees to independent evaluation qualifications

Evgenia Konyukhova, Leading Expert Consultant on Labor Law and personnel office work, in the webinar "" tells which primary accounting documents for personnel records, working hours and wages the GIT checks:

Among the orders that the GIT checks are: employment orders (employees get acquainted with him against signature no later than 3 days from the date of the actual start of work); transfer orders; orders to attract employees to work on a day off (if there is such a practice); termination orders employment contract; orders and supporting documents to them related to the imposition disciplinary action; vacation orders; orders (instructions) on the removal of employees from work; order on the appointment of an authorized person responsible for the maintenance, accounting, storage work books.

Do not forget about the whole list of documents on labor protection that should be in the organization. If we talk about the complete set, then these are about 50 documents - various magazines, orders, instructions, regulations, schedules, plans, etc. But in this matter, much depends on the specifics of the business.

Concerning work books, then the GIT checks that, firstly, they are kept for each employee and, secondly, that the entire block of issues related to their execution and maintenance is observed, starting with the order on an authorized person.

As soon as the employer changes the terms of the employment contract, he has Agreement on changing the terms of the employment contract ().

Full liability agreement is in the event that the employee is connected in the process labor activity with the factors under which such an agreement is concluded.

Any assignment to an employee additional work issued through Agreement to assign additional work. This document checks whether the employer has prescribed the term for additional work, its content and volume.

It is also important not to forget about such a document as Vacation notice no later than two weeks before its start (Article 123 of the Labor Code of the Russian Federation).

Compliance with labor laws is the responsibility of the employer (Article 22 of the Labor Code of the Russian Federation). In turn, Rostrud and its territorial bodies (state labor inspectorates) exercise federal state supervision over compliance by employers with labor legislation (Article 353 of the Labor Code of the Russian Federation). The regulation on federal state supervision of compliance with labor laws was approved by Government Decree dated 09/01/2012 No. 875, and the corresponding inspection regulations - by Order of the Ministry of Labor dated 10/30/2012 No. 354n. And how do you know if Rostrud included you in the inspection plan for 2018?

How is the audit plan formed?

Issues of regulating relations in the field of federal state supervision of compliance with labor laws are regulated by Federal Law No. 294-FZ of December 26, 2008. This law provides that Rostrud and its territorial bodies, as well as other bodies state control and supervision, annually before September 1 of the year preceding the year of scheduled inspections, send draft plans for inspections to the prosecutor's office (part 6 of article 9 of the Federal Law of December 26, 2008 No. 294-FZ). After considering the proposals received from the prosecutor's office, Rostrud sends the already approved annual inspection fees to the prosecutor's office by November 1 (part 6.2 of article 9 of the Federal Law of December 26, 2008 No. 294-FZ).

These plans can be found on the official websites of the prosecutor's offices of the constituent entities of the Russian Federation.

Regional bodies of the Prosecutor General's Office, before December 1 of the year preceding the year of scheduled inspections, send annual plans to the Prosecutor General's Office (part 6.4 of article 9 of the Federal Law of December 26, 2008 No. 294-FZ).

The Prosecutor General's Office, in turn, forms an annual consolidated plan for scheduled inspections and places it on the Internet by December 31 of the current calendar year (Part 7, Article 9 of the Federal Law of December 26, 2008 No. 294-FZ).

Labor inspection and inspection plan for 2018

On the website of Rostrud, the plan of inspections for the current year is contained in the section "Employer" - "Information and services". However, at the time of preparation of the material, the plan of inspections by the labor inspectorate for 2018 was not updated - there was a link to last year's plan of inspections.

But on the website of the Prosecutor General's Office, the Consolidated Plan of Inspections for 2018 has already been formed. Entering information about the person being checked (OGRN, TIN or name of the organization), the control body (for example, "the state labor inspectorate in the city of Moscow") according to

The inspection plan for 2018 was traditionally approved by the labor inspectorate of each of the regions of the Russian Federation at the end of 2017. Consider the features of the verification activities carried out by the labor inspectorate for 2018.

Regulation in the sphere of labor: from the Ministry of Labor to the labor inspectorate

Labor legislation covers a very wide range of issues (registration of hiring and dismissal, setting rest periods, organization, labor protection and discipline, work in special conditions or for special categories of workers, responsibility of the parties, peculiarities of calculations and timing). And this requires not only the settlement of individual issues that arise in the process of its application, but also the updating (if necessary) of existing norms, as well as systematic monitoring of compliance with established rules.

The body carrying out legislative developments in the sphere of labor is the Ministry of Labor of Russia (Ministry of Labor and social protection RF), and labor issues are not the only ones under its jurisdiction. The structure of the Ministry of Labor includes an executive body, whose activities are focused exclusively on the implementation of labor legislation and related topics (employment, social support for vulnerable segments of the population, labor migration issues, resolution of collective labor disputes). it federal Service on labor and employment (Rostrud).

In the regions, Rostrud operates through its territorial divisions - labor inspectorates, not only exercising general management of their activities, but also providing them with interaction with other authorities at all levels and with public associations. Thus, labor inspectorates work directly with employers in each of the constituent entities of the Russian Federation. And they also plan their work, drawing up work plans for each regular calendar year in relation to their main task (control).

Speaking of such a plan, it is not entirely correct to call it, for example, “the inspection plan of the Ministry of Labor for 2018,” since the Ministry of Labor does not conduct such inspections itself. It would be more correct to use the definitions “Rostrud audit plan for 2018” or “Labor inspection plan for 2018”.

On what basis and what does Rostrud control?

The basic issues of monitoring compliance with labor laws are included in a separate chapter in the Labor Code of the Russian Federation (Chapter 57). It is here that it is indicated that this process is carried out by the federal executive body specially authorized for this, and its territorial divisions (Article 354 of the Labor Code of the Russian Federation).

Questions to be checked are:

with observance of the labor rights of employees;
creation of safe working conditions;
the occurrence of industrial injuries;
social security of employees;
carrying out certification of workplaces.

For this, state inspectors are granted the following rights (Article 357 of the Labor Code of the Russian Federation):

unhindered visits to the territory of employers at any time of the day;
request required documents, explanations and information;
withdrawal of samples for analysis with the execution of an act on this;
independent investigation of accidents or participation in such investigations;
issuance of binding orders:
- about elimination of the revealed violations;
- on bringing the perpetrators to justice up to their removal from work;
- suspension of the activities of unsafe production facilities up to sending claims to the court for their liquidation;
- prohibition of the use of personal protective equipment that does not meet the requirements;
administrative punishment of the perpetrators and transfer of materials on them to law enforcement agencies and to the court.

At the same time, inspecting inspectors must strictly comply with the law, not allow infringement of the rights of employers and not disclose information that has become known to them, constituting a secret of any of the existing levels.

Principles for establishing the frequency of inspections

The control procedure carried out by the labor inspectorate is regulated by the Regulations on Federal State Supervision of Compliance with Labor Legislation, approved by Decree of the Government of the Russian Federation of 09/01/2012 No. 875. This document prescribes scheduled and unscheduled inspections, conducting them documentary and (or) field method.

Need for unscheduled inspections occurs in situations:

expiration of the period allotted by the order to eliminate the identified violations;
receipt of complaints about violations committed by the employer to the inspection;
an order from a higher authority.

Scheduled inspections are carried out at intervals of 1 time in several years (from 2 to 6). This frequency is determined by the category of risk, which evaluates each of the employers. The frequency depending on the risk category is as follows:

2 years - high risk;
3 years - significant risk;
5 years - medium risk;
6 years is moderate risk.

This frequency is the basis of the annual plans for verification activities. At the end of 2017, labor inspectorates approved inspection plans for 2018.

The criteria for classifying an employer as one category or another are given in the appendix to the Regulation on State Labor Supervision, approved by Decree of the Government of the Russian Federation No. 875.

Lists of employers classified as high-risk can be found on the Rostrud website, broken down by region. They are drawn up in advance (no later than six months before the planned year of the inspection) and allow the employer to take measures to reduce the risk category. But in order for this to affect the already assigned category, the State Labor Inspectorate will have to submit an appropriate application.

What's New in Labor Inspection Inspections in 2018?

From 01/01/2018, the text of the Regulations on State Labor Supervision, approved by Government Decree No. 875, was updated by Decree of the Government of the Russian Federation of 09/08/2017 No. 1080.

In terms of the procedure for conducting inspections, the changes were reduced to the following: when conducting scheduled inspections, inspectors are required to use an approved list to collect information on compliance with labor legislation control questions. These questions relate to the most significant points reflecting the observance of labor law norms. The scope of these issues should be limited to the subject of a scheduled inspection.

In the period from January to June 2018, the use of such lists is mandatory when conducting inspections of employers classified as moderate risk, and from 07/01/2018 they are applied when conducting inspections of all employers (paragraph 2 of Government Decree No. 1080).

Forms of checklists reflecting the list of questions for each of the subjects of the scheduled inspection (their total number is 107) are given in the annexes to the order of Rostrud dated November 10, 2017 No. 655.

Where can I find the Rostrud inspection plan for 2018?

Where can I get acquainted with the plan of inspections of the labor inspectorate for 2018? It is available for viewing on the Rostrud website.

FROM home page, selecting the "Labor Inspection" icon, proceed to the selection of the desired region. The choice is made either by marking the corresponding territory on the map of the Russian Federation, or by entering the name locality in the search bar. And already on the page of the selected subject of the Russian Federation in the menu of pages offered for viewing, we are looking for the words “Inspection plan”. On the page dedicated to them, among the plans, you need to find one related to 2018.

The plan can be unified for a constituent entity of the Russian Federation or broken down by types of employers being inspected or by individual territories of the region. But in any case, it will be standard form, approved by Decree of the Government of the Russian Federation of June 30, 2010 No. 489. The form assumes the reflection in it:

information about the person being checked (name, address, codes);
data on the verification (purpose, basis, timing, form of conduct);
the consequences of an audit conducted in relation to a small business entity (administrative punishment, suspension or cancellation of a license);
information on assigning a risk category.

The labor inspectorate will adhere to the approved inspection plan for 2018 by carrying out control measures. But the plan can be adjusted, and then information about the changes made to it will also appear on the Rostrud website on the page of the corresponding region dedicated to the plan.

Results

The need to verify compliance by the employer with the requirements of labor legislation is laid down in the text of the main document on labor - the Labor Code of the Russian Federation. Such events are carried out by labor inspectorates, which are territorial divisions of Rostrud. Inspections are divided into scheduled and unscheduled. The frequency of scheduled inspections depends on the risk category assigned to the employer. From 01/01/2018, the subject of the scheduled inspection is limited to the range of the approved list of issues related to a specific topic of the control event.

In January 2018. The audit plan is publicly available. Enterprises and entrepreneurs can familiarize themselves with its content and, if necessary, carefully prepare for the upcoming audit . Unscheduled inspections occur when there are grounds, among which, for example, there may be a statement or appeal from employees about delays in wages, violations of their labor rights: not granting vacation, working without an employment contract, not issuing PPE, violation of the dismissal procedure and other.

Inspection schedules are formed by inspectors no later than September 1 of the year preceding the year of inspection. Then they are sent to the prosecutor's office to establish the legality of inclusion in the schedule of legal entities or individual entrepreneurs. Until December 1, the Territorial Prosecutor's Office issues a preliminary schedule, on the basis of which the Prosecutor General's Office forms the final version of inspections by December 31.

The inspection plan includes the following details of enterprises: the name of the organization or the full name of the individual entrepreneur; the purpose of its implementation; duration and dates of the event; responsible for checking the GIT.

When forming the plan, prosecutors studied about 412,000 proposals from control bodies at all levels to conduct inspections of business entities in 2018.

As a result of the work done, the Consolidated Plan for Conducting Scheduled Inspections of Legal Entities and Individual Entrepreneurs for 2018 included scheduled inspections in relation to 350,000 business entities.

How does the GIT draw up an audit plan?

The inspection plan of the State Labor Inspectorate for 2018 includes enterprises, based on the frequency of inspections, no more than 1 time in 3 years. If entity exists less than this period, then they cannot come to it with the next check.

There are areas of activity in which this period can be reduced, and two or even more inspections can be carried out within 3 years. The list of such areas of activity can be found in paragraph 9 of Article 9 No. 294-FZ, they include: education; the medicine; energy and others.

What is included in the GIT inspection plan for 2018

The inspection plan of the State Labor Inspectorate for 2018 is divided into plans for each individual region. It is drawn up on a standard form and is a table that displays the following data of employers and information about the check: company name; place of registration and location; OGRN; TIN; the purpose of the inspection; start date, date of the previous inspection, date of registration of the legal entity (IE); number of days of verification; type of verification (documentary, field, etc.); the name of the body carrying out the inspection.

Features in GIT checks in 2018

From January 01, 2018, some changes are made to the course of inspections, which are approved by Decree of the Government of the Russian Federation of September 8, 2017 No. 1080 “On Amendments to the Regulations on Federal State Supervision of Compliance with Labor Legislation and Other Regulatory Legal Acts…”. Since 2018, when checking the activities of an enterprise, inspectors fill out checklists. The checklist (checklist) is a list of control questions that relate to particularly significant requirements of labor legislation and other regulations governing legal relations that arise between an employee and an employer. The inspector cannot go beyond the scope of the checklist. To date, checklists (of which there are 107) are published on the Rostrud website, the contents of which can be found by clicking on the link www.rostrud.ru/rostrud/deyatelnost/?ID = 583925

Applying a risk-based approach to audits

From 2018, a risk-based approach will be applied during inspections in accordance with paragraph 2 of Art. 8.1 of the Federal Law No. 294. According to this principle, all enterprises are divided into 4 hazard classes. With an increase in the class, there is also a reduction in the time between checks. If the risk at the enterprise is not high, then the employer is exempt from inspections for up to 6 years. The assignment of a company to one or another class occurs on the basis of a check on the risk scale, in accordance with paragraph 4 of Art. 8.1 of the Federal Law No. 294. If the organization has already had an audit, then it has already been assigned to any group. You can find out about this on the Rostrud website.