What documents are checked by the labor inspectorate. What does the labor inspectorate check during a scheduled inspection. Where should employment records be kept?

15.12.2020

A company that employs at least one employee needs to be prepared for a labor inspection check. When violations are found, fines are issued. If the violations are repeated, the company may be temporarily closed until they are corrected. To prevent spending and suspend activities, you need to prepare for inspections.

Scheduled and unscheduled inspections: what's the difference?

Scheduled check carried out according to the plan. It is of a regular nature and is carried out regardless of whether there are complaints against the company. This is a complex procedure, during which all aspects of the company's activities are checked.

Holding unscheduled inspection usually has certain grounds: complaints from workers, suspicion of illegal actions. The procedure is performed regardless of when the previous scheduled event was held.

Grounds for scheduled and unscheduled inspections

The grounds for conducting an audit are set out in Article 360 of the Labor Code of the Russian Federation. An unscheduled event is carried out under the following circumstances:

The deadline for the execution of the order to eliminate the offense issued earlier has expired.
The labor inspectorate received complaints against the employer from employees.
There is evidence that the employer violates the norms of the Labor Code of the Russian Federation.
The labor inspectorate received a request from a worker to check the working conditions in the company.
A corresponding order was issued by the head of the inspection, issued on the basis of requests from the prosecutor, instructions from the Government.

A scheduled inspection is carried out every 3 years. The basis for its implementation is the expiration of 36 months from the date of:

implementation of the last planned activity;
registration of individual entrepreneurs or legal entities;
filing an individual entrepreneur or legal entity with a notification of the start of work.

ATTENTION! The schedule of scheduled inspections is posted in advance on the website of the Prosecutor General's Office.

What will be checked?

During the event, inspectors request documentation related to labor relations. In particular, the following papers must be checked:

Labor contracts.
Labor documents.
Staff schedule.
internal acts.
and their content.
Orders for dismissal, hiring and transfer to another place, as well as signatures of employees on them.
Accounting for work books.
Orders about overtime work written consent of employees.
Papers related to the employment of people with disabilities, persons under the age of 18.
Compliance with labor protection standards.
Regulations on the personal data of workers.
Documents related to the employment of foreigners.

This is the main list of documentation that will be checked first. During an unscheduled inspection, the inspector usually requests those papers that are related to the cause of complaints against the company.

How to prepare for the test?

Article 357 of the Labor Code of the Russian Federation specifies the powers of representatives of the labor inspectorate:

The right to demand from employers the documents and information necessary for the performance of the supervisory functions of the inspector.
The right to seize materials and raw materials located at the enterprise for their analysis.

Often inspectors send a request to send documents. Papers must be provided in the form of copies certified by a signature or seal. Inspectors are not allowed to:

Ask for information that is not relevant to the subject of the audit.
Seize original papers.

The list of basic documentation that is usually requested is set out above. In some cases, inspectors require the following papers:

Employee payroll sheets.
Accounting statements.
The charter of YL.
Regulations on the RFP.

The exact list of securities is determined by the subject of verification.

The most common errors detected during verification

Before checking, it makes sense to familiarize yourself with the common violations that employers make and correct them if they occur in the company. Consider typical mistakes:

Not all the documents that should be. For example, the company is very small, and therefore the employer decided not to deal with the design of internal regulations. However, this document is essential for organizations of any size. Often the company does not have a rule for issuing settlement documents.
Missing work books professionals who work in the organization. These documents are stored incorrectly (they should be kept in the employer's safe).
Inaccuracies in registration employment contract with an employee: there is no indication of the amount of salary, there is no signature of the employee.
The vacation schedule was signed later than 2 weeks from the beginning of the year.
The annual paid leave is divided into several parts, but their totality does not amount to the required 2 weeks.
The salary is less than the minimum wage.
Salary indicated not in rubles.
Money is issued less frequently than once every 15 days, and there is no consent of the employee to this in writing.
Foreigners are hired fixed-term contract before the completion of their work permit (in this case, open-ended contracts are preferable).

IMPORTANT! As part of the event, not only documents are checked. Also, representatives of the labor inspectorate monitor the timeliness of certification, the safety of workers. If work requires it, you need to take care of the availability of protective masks, gloves and other protective accessories.

How are test results generated?

Based on the results of the control event, an act is drawn up in two copies. The following documents may be attached to it:

Protocols for the analysis of goods manufactured at the enterprise.
The results of the examinations carried out.
The order, which sets out the requirement for the elimination of offenses.
Explanations of workers.
Other documents that are important in the framework of the audit.

Usually, more paperwork is issued as part of a planned event. This is due to the fact that it is distinguished by a complex nature: all aspects of the company's activities are checked.

Penalties based on the results of the audit

What happens if Labour Inspectorate find the wrongdoing? First, an order is issued. If the employer does not eliminate the violations within the allotted time, a fine is issued or the company's activities are temporarily stopped. Who is obliged to pay it? It all depends on internal rules companies. It can be an individual entrepreneur, director, chief accountant.

Consider the list of common fines in 2017:

Violation of the Labor Code of the Russian Federation: 1,000-5,000 rubles for a legal entity.
Repeated offense: 50,000-100,000 for legal entities, 5,000-10,000 rubles for individual entrepreneurs.
Work permit for a worker without sanitary book: 10,000-20,000 rubles.
The absence of an employment contract or its incorrect completion: 50,000-100,000 rubles for legal entities and 5,000-10,000 rubles for individual entrepreneurs.
Repeated evasion from registration of TD: 30,000-40,000 rubles for individual entrepreneurs and 100,000-200,000 rubles for legal entities. For officials, this threatens to close the company for up to 3 years.
Violation of labor protection standards: 2,000-5,000 rubles for individual entrepreneurs and 50,000-80,000 rubles for legal entities.
Repeated similar offense: 30,000-40,000 rubles or closure for up to 3 years for individual entrepreneurs and 100,000-200,000 rubles or closure for up to 3 months for legal entities.

The more responsibility lies with the head or authorized person from the point of view of the law, the larger fine is presented to him.

What about in practice?

The fines for offenses are significant. However, in practice they are rarely written. Also, a full-fledged inspection of the labor inspectorate is rarely carried out. But this does not mean that the requirements of the law should be ignored. If the inspector finds real offenses, punishment cannot be avoided.

At the first stage, only an order is issued to the employer. That is, a legal entity or individual entrepreneur is given a chance to correct. The real problems come after a repeat offence. In this case, you will have to pay a large fine. The company may even close down.

If it is possible to fully prepare for a scheduled inspection, then an unscheduled event is carried out relatively suddenly. Therefore, it is advisable to draw up all the documents correctly, conclude an employment contract with each employee, enter all the necessary local acts. This is especially true for organizations that are checked most often (for example, catering establishments).

Any check can be passed successfully if you know what documents the inspector will check. This will help to bring the papers in line with the law in advance and avoid a fine.

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What does the GIT check during scheduled and unscheduled checks

The GIT inspections are regulated by two regulations:

Federal Law No. 294-FZ of December 26, 2008 (as amended on August 3, 2018) “On the Protection of the Rights of Legal Entities and individual entrepreneurs in the exercise of state control (supervision) and municipal control”,
Guidelines for the application by officials of Rostrud and its territorial bodies of the provisions federal law No. 294-FZ, approved by the order of Rostrud dated January 24, 2011 No. 14.

These documents establish that the GIT has the right to verify compliance with all norms labor law in the aggregate, including labor protection requirements and the procedure for carrying out special evaluation working conditions.

Scheduled checks can be:

thematic when one question is checked (for example, only the provision of holidays or only questions of wages),
integrated which checks compliance with all labor law issues.

An unscheduled inspection is carried out on a specific situation specified in the employee's complaint, as well as to verify the elimination of previously identified violations.

Advice from an expert of System Kadra

If you need details, look for them in the Kadra System. You'll find general characteristics scheduled and unscheduled inspections. Find out where and in what cases they take place and what documents are needed in specific situations.

In 2019 scheduled inspections can only be carried out according to checklists (lists of checklists) approved by Order No. 655 of Rostrud dated November 10, 2017 (as amended by Order No. 201 dated April 11, 2018). GIT has a lot of such sheets - 132.

Will the inspector really use all the sheets during a scheduled inspection? No, he will not need all the lists of questions, because more than 100 checklists are devoted to labor protection issues in the performance of specific jobs, and for most organizations they are irrelevant. Here are the checklists for labor relations, the inspector can check everything.

Checklists of GIT on personnel matters

How to submit documents for verification

If the inspection is on-site, all documents for examination are provided to the inspector in originals. But they cannot be taken away. If the verifier needs to keep any document with him, a certified copy is made.

If the verification is documentary, a request for the provision of documents is issued, signed by the head of the GIT. The request must be motivated.

GIT does not have the right to request documents that:

not related to the subject of documentary verification,
GIT can be obtained from other state and municipal control bodies.

Also, the inspector does not have the right to require notarization of copies of documents.

Within 10 working days after receiving the request, certified copies of all requested documents must be prepared. It is better to transfer a package of documents to the GIT according to the inventory. If these are orders staffing and contracts, then in the inventory, be sure to indicate the numbers and dates of these documents, if copies of work books, then to whom they belong.

If you do not have time to transfer the documents within 10 working days, the inspector may issue a fine under article 19.7. Code of Administrative Offenses of the Russian Federation for untimely provision of information. The penalty for this offense is a fine:

for organizations from 3,000 to 5,000 rubles,
for officials from 300 to 500 rubles.

What does the labor inspectorate check on the employee's complaint

Table. The procedure for conducting an audit on an employee's complaint

Verification stage

What to look out for

Issuance of an inspection order

The order must include:

Name and position of the inspector who came.

If there is another inspector in front of you, he does not have the right to conduct an inspection.

The full name of the organization (short is optional) and its location. For an individual entrepreneur - full name, his place of residence and place of actual activity.

Type of inspection (scheduled / unscheduled, field / documentary).

Number and date of the order, signature of the head of the GIT and seal, start date of the check, end date of the check.

Subject of verification. If the goal is to check the legitimacy of the provision annual leave, then the inspector has no right to check the issues of payment or labor protection.

Grounds for the audit. If the check is planned, the plan of checks will be the basis. During an unscheduled inspection, the grounds most often indicated are the expiration of the deadline for fulfilling the order or a statement from an individual.

If these data are not available, the results of the check can be appealed.

Examining the requested documents

If the purpose of the inspection is labor protection, then the inspectors have the right to get acquainted with the reports on the special assessment of working conditions, checking the actual state of affairs written in the map. To do this, experts are invited (not from the organization that carried out your certification, but others), who conduct control measurements. By the way, the names and positions of experts must be indicated in the inspection order.

The labor inspectorate, like any other inspection organization, can visit companies either according to a pre-arranged schedule (these are scheduled inspections) or suddenly (unscheduled inspections). Theoretically, planned events are held not so often - once every two years. In practice, however, not every firm existing years five or seven, can remember when the so-called labor inspector came to her, and if he came at all. Employees are not enough - inspectors admit. However, for unscheduled inspections, for some reason, people are always found.

The trick is that unscheduled inspections are carried out either in response to complaints from disgruntled employees, or at the initiative of others. government agencies such as prosecutors. The labor inspectorate cannot ignore such “signals”.

What links the labor inspectorate with the prosecutor's office? Yes, even an accident that can happen in any company (we are seeing exactly this today in connection with the tragic events in Vladivostok, where several people died as a result of a fire in a business center). If, as a result of such an event occurring in work time, an employee of the company has suffered, the doctors will certainly notify the prosecutor's office and the labor inspectorate, which will come to find out in what conditions the employee worked and why the misfortune occurred. By the way, unscheduled inspections can take place at any time, even the next day after the end of the scheduled event.

Scheduled inspections can be targeted, complex and joint. During the target, the inspector will not study all the documents of the company, but one section. Let's say everything that concerns the calculation and payment of salaries. During a comprehensive event, on the contrary, not only all documents, but also the working conditions of employees will be subjected to research. Well, the labor inspectorate can conduct joint inspections together with tax authorities, employees of the Fund social insurance or pension fund. The maximum period for a scheduled inspection is a month, but in reality it usually takes no more than one or two days small companies and a week in large organizations.

Having appeared in the organization, the labor inspector must present his official certificate and an order for verification, certified by the seal and signature of the head. The order must indicate: the name of your company, the date of the start of the inspection and the name of the inspector, which, of course, must match the name of the person who presented you with the certificate. If several inspectors came with the check, then all of them should be indicated in the order.

Please note: if the issue of verification is not named in the order, then it is not valid.

Violated? Fix it!

Naturally, during any inspection, the inspector will find at least some violation. Even if the organization carefully prepared for this event (about what documents the inspector may require, Business Journal wrote in No. 23 for 2005. - Approx. ed.). But even exact observance of all norms, most likely, will not help. Even a small violation, let it be revealed: such is the work of the inspector.

Generally speaking, experienced personnel officers and accountants deliberately leave small shortcomings "in sight": the inspector immediately finds them and gets the opportunity to quickly do their job, that is, achieve results.

In any case, having discovered any violation during the inspection, the inspector issues an order to eliminate it. This document should indicate the date of its compilation, describe the violation found with reference to the law that you ignored or did not fully comply with, and also what exactly the inspector orders to correct. In addition, the official is obliged to indicate the period during which you must eliminate the violation and report the fulfillment of the order to the labor inspectorate. The inspector to whom you report what has been done can take his word for it. But he can also visit again - with a control check. By the way, we recommend that the instructions of the Trudoviks, as well as other inspectors, not be ignored: in this case, a second visit of the inspector is simply guaranteed.

In addition to the order to eliminate violations, which in exceptional cases (when these same violations are not detected) is not drawn up, the inspector, based on the results of the inspection, without fail prepares an act on the conduct of the event. This document is compiled in two copies, one of which (with original signatures!) Remains with the organization. When signing the act, please note: it must contain a complete list of the documentation that the inspector studied during the inspection, and also describe in detail all identified violations. If you have comments, please indicate them directly in the act.

Many personnel officers note that during scheduled inspections, inspectors often try not so much to identify violations (and, of course, they will not turn a blind eye to them), but to provide organizations with practical advice and recommendations. Inspectors are people too, and with mutual understanding, they may well suggest how to rectify the situation. By the way, in this case we do not mean bribes at all. Here is what an employee of the Samara labor inspectorate said: “You know, the inspector is also a person. He may have problems. May be Bad mood. So think about how I will react to an organization in which I am greeted kindly, they talk with a smile, and to a company where they begin to be rude and point out my duties right from the doorstep? I'm not saying that during the inspection you can not protect your rights if the inspector violates something. But please do it politely. Then I will help you and give you advice, and not react formally.”

In general, even with difficult checks, no one has yet canceled human relationships.

Will they put me in?!

Basically, they can. But the worst - a little later. In most cases, for violation of the requirements of labor laws, the directors of the organization can rather be held administratively liable under the Code of Administrative Offenses of the Russian Federation. To do this, the inspector draws up a protocol that indicates the name of the inspector, the name of the organization, the name of the head, and the violation discovered during the inspection. Explanatory officials are attached to the protocol.

After preparing all these documents, the inspector may issue a decision on the imposition of an administrative penalty in the form of a fine. Consideration of the case must take place no later than 15 days after the protocol is drawn up (the organization must be notified of the time and place in advance). But the decision will be adopted in any case, even if the representative of the organization does not appear for consideration. A copy of the decision is most often issued immediately after the meeting, but they can also be sent by mail within three days. If the company does not agree with the decision, it can be appealed.

Penalty for violation labor law can be avoided if the violations are minor or if the perpetrator (for example, the head of the company) is currently absent, for example, on vacation or sick. In this case, the inspector will issue an order to eliminate the identified violations and will be limited to this. If the guilty person is present during the inspection, then you can try to reduce the amount of the fine by proving to the inspector that all possible consequences of violations have already been prevented, that you repent, committed the violation for the first time, and even under the influence of difficult personal circumstances. In the presence of such mitigating reasons, the inspector has the right to reduce the fine.

However, far from all violations, the inspector can hold the company management accountable. So, for violations provided for in Articles 19.5 and 5.42 of the Code of Administrative Offenses of the Russian Federation, only a court can be held accountable. The judge can impose a punishment not only in the form of a fine, but also disqualify the head of the organization: it is understood that the guilty person will not be able to work for leadership positions within a time period to be determined by the court. Most often, disqualification is applied in cases where the violation has not been committed for the first time.

Well, now, as promised, about the terrible. There are violations of labor law, for which not administrative, but criminal liability is provided. For example, in the event of unjustified dismissal or refusal to hire a pregnant woman or a woman with children under three years old, the head of the organization may be fined 200,000 rubles or even involved in compulsory work for up to 7.5 days. Punishment, according to the Criminal Code, is also provided for those managers who do not pay wages to their employees for two or more months. True, such a punishment is possible only if it is proved that the director of the company acted for selfish purposes. The head of the company can also be held criminally liable if the organization violates labor protection rules, especially if these violations caused harm to the life and health of the employee. He can only avoid punishment if it can be proven that the infringement was due to the negligence of some other person. official responsible for enforcing these rules. True, then the court can punish them both.

Give me a complaint book!

Based on the results of the audit, an organization dissatisfied with the actions or decisions of the inspector can either file a complaint with its head (to appeal against the actions of the inspector himself), or to a higher body (to appeal against the acts and decisions of the inspector). The complaint is drawn up in any form, but it must necessarily indicate: the name of the official to whom it is submitted, or the name of a higher authority, full information about your organization (including TIN and legal address), the date of the inspection, the name of the inspector and references to the laws violated, in your opinion. The main thing when drawing up a complaint is specific facts, supported by references to legislation and copies of documents confirming your requirements. The complaint must either be brought in person (by asking to be sure to register it), or sent by registered mail with notification. After consideration, your application may be granted in whole or in part, or the complaint may be denied. But any refusal can be challenged in court.

If you want to appeal against the actions of the inspector, the act of inspection, then you must draw up a statement of claim and pay a state fee. If you appeal against the decision to bring to administrative responsibility, then you need to write a complaint. State duty in this case is not paid. These documents are submitted to court of Arbitration location of the defendant. After considering the case, the court makes a decision. The decision on the claim for invalidation of the act shall enter into force immediately, on the claim for the invalidity of the decision - after 10 days, on other claims - after a month. If you are not satisfied with the decision of the court, you can appeal it to the appellate or cassation instance.

Visit, withdraw, demand...

The labor inspector has the right*:

freely at any time of the day, with a certificate of the established form, to visit in order to inspect employers and organize all organizational and legal forms and forms of ownership;
request from employers and their representatives, executive authorities, bodies local government and receive from them information, explanations, documents necessary for the performance of supervisory functions;
seize for analysis samples of used or processed materials and substances upon notification of the employer or his representative and draw up an appropriate act;
demand dismissal from work of persons who have not undergone, in the prescribed manner, training in safe methods and techniques for performing work, briefing on labor protection, internships at workplaces and testing knowledge of labor protection requirements;
to prohibit the use of personal and collective protective equipment for workers that do not have certificates of conformity or do not meet the requirements of labor protection;
present employers with binding orders to eliminate detected violations of labor law requirements;
suspend the work of organizations or their divisions, equipment in case of violations of labor protection requirements that pose a threat to the life and health of employees, until such violations are eliminated (the employer can appeal against such instructions within 10 days);
submit to the courts demands for the liquidation of organizations or their structural divisions if there are conclusions of the state examination of working conditions on violation of labor protection requirements.

* In accordance with the provisions of Art. 357 Labor Code.

HR records management

Keywords:

1 -1

The activities of organizations operating in Russia should comply with the requirements of the Labor Code. These include respect for the rights of employees, the proper organization of work areas, and acceptable working conditions.

Unscrupulous leaders must be held accountable. For this it is necessary detect violations in the activities of the organization that the labor inspectorate checks.

Dear readers! Our articles talk about typical ways to resolve legal issues, but each case is unique.

If you want to know how to solve exactly your problem - contact through the online consultant on the right or call by phone free consultation:

Legislative aspects of the activities of Rostrud

Foundations

Grounds for unscheduled inspections enshrined in article 360 of the Labor Code of the Russian Federation:

On employee's complaint about non-observance of his labor rights;
Inspection may come re. This happens if during the previous check, serious violations were revealed;
If information has reached the inspection that there is threat to life and health citizens who work there;
Upon enrolment condition check request labor activity from an employee of the company;
Based on the order of the prosecutor, the Government or the President of the country.

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

State registration of the company;
Carrying out the last check;
Submission by the entrepreneur of information that he began to carry out his activities.

Procedure

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

The management of the company in which the inspection is planned should be warned about this as much as possible. one day before the actual start. This duty is assigned to the authorized person of Rostrud.

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

Inspector officer, according to the law, has the right to demand any document relating to the activities of the company.

List of checked documents:

First of all, attention is paid employment contracts with employees. The rules for their execution are enshrined in article 57 of the Labor Code of the Russian Federation.
Will be subject to verification work books and keeping records of them.
Documents about liability . List financially responsible persons enshrined in the Decree of the Ministry of Labor No. 85.
Papers relating to employee benefits wages .
Tables that are kept time tracking employees.
schedule for employees go on vacation.
Charter organizations.
Schedule work.
Certificate confirming state registration.
If the check is caused by an emergency at work, documents with information on providing employees will not be left without attention safe conditions labor.
Documents related to socially vulnerable categories of employees– disabled people, pregnant women and minors.

In case of violations of this kind, the employer will face serious liability.

Watch a video about what the inspection checks first:

Powers of inspectors

Drawing up an act

After the verification is considered completed, an act with its results should be drawn up(4 article of the Federal Law No. 294). It must contain the personal data of the inspectors, the date of the audit, 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 an order is drawn up in the name of the employer with requirements to eliminate labor violations . In addition, penalties may be imposed.

Detection of inconsistencies in the activities of the organization entitles the inspector to start an administrative case, which will serve as the basis for sentencing.

Appealing the results

If the employer considers it necessary to challenge the results of the audit, he can do so, contacting a higher authority. Not necessarily the decision of the commission will be challenged. In this case, its appeal becomes possible only in court.

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

A dispute can only be made within 15 days after the signing of the inspection report.

Penalties

Based on the protocol with detected violations, a decision is made on what punishment an unscrupulous employer should suffer. Most often, his compelled to pay a fine. But this does not mean at all that if a fine has been paid, then it is not necessary to eliminate the shortcomings that the commission has identified.

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

Penalties vary depending on the severity of the violation. the size can reach 500 thousand rubles. For example, according to article No. 143 of the Criminal Code, if due to improper provision of the safety of employees, one of them 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, is punishable by a fine in the amount of up to two hundred thousand rubles. or in the amount of wages or other income of the convicted person for a period of up to eighteen months, or by compulsory works for a period of up to three hundred and sixty hours.

If the employer did not correct the violations in the company's activities, and the re-inspection confirmed this, the fine for legal entity will vary from 300.000 to 500.000 rubles.

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

State labor inspectors may conduct unscheduled and scheduled inspections of any employer in accordance with the procedure established by law. The subject of inspections is the compliance by the employer in the course of its activities with the requirements of the current regulatory legal acts, which contain labor law norms..

Grounds for labor inspections

What do employees complain about the most?

In progress professional activity employees may have a variety of claims against superiors. However modern practice shows that the most common of them are the following:

Delayed wages or unlawful refusal of the employer to fulfill its financial obligations. The salary is main reason and an incentive for the quality performance of regular professional obligations by employees. The employer, in turn, has a heavy responsibility to make regular payments.
In accordance with the established rules, funds must be issued to modern employees at least twice in one calendar month. That is why many companies have the following rule: first, employees receive an advance and only then - the rest of their earnings. Failure to comply with this rule is a serious violation on the part of the employer.
In addition, the funds due to employees must be issued to them on strictly defined dates. These dates are fixed in the relevant section of each employment contract, as well as in other internal documents of the company. Violation of the existing payment schedule by the employer also gives employees the legal right to file formal claims against superiors.
Illegal dismissal. As you know, each employee can be dismissed from the organization on the basis of own desire, by agreement of the parties, as well as by the unilateral decision of the head. It is in the latter case that employees, most often, have claims against their superiors.
Violation by the employer of the legal rights of employees to receive regular paid leave. According to the standard rules, a rest period must be granted to employees every year. Its duration, in most cases, is exactly 28 days. The departure of employees on legal leave is carried out on the basis of a predetermined schedule. At the same time, the employee can make an independent decision about whether he will take the entire vacation or divide this period into several parts. The employer, in turn, is obliged to fulfill the requirements of the employee. Otherwise, the employee will have every reason to contact the authorized body and file formal claims.
Illegal reduction by the employer. The head has the right to reduce, however, such actions must be justified in terms of legislative norms. Moreover, the current rules established a list of special categories of employees who cannot be subject to reduction under any circumstances. Therefore, if the employer does decide to lay off such employees, they will be able to recognize this decision illegal.

Is the inspector obliged to warn about an unscheduled inspection?

An inspection by the labor inspectorate is a special procedure during which special attention is paid to the activities of the organization and its compliance with established legislative standards. Naturally, for each employer, such a check is characterized by serious stress. The fact is that the violations discovered during the verification activities will be necessarily recorded by authorized persons in writing. Moreover, based on the discrepancies found, the employer may be subject to liability measures provided for by law.

That is why modern managers are often worried about whether the labor inspector is obliged to warn the employer in advance about the imminent visit. It should be noted right away that everything here will depend on the direct type of verification that was chosen by the authorized person, for example:

As you know, the inspection of the labor inspectorate can be carried out as planned. In this case, it will be a standard procedure that is performed by authorized persons at regular intervals. In this situation, the labor inspector will indeed be obliged to warn the head of the organization in advance about the upcoming inspection. Moreover, the warning must be in writing. For this, the labor inspector draws up a special notice, which is sent to the employer. This document may be in free form. The main thing is that it contains the following information: the name and address of the organization to which the labor inspector is sent, basic information that the company will be audited, etc.
During the preparation of the above notification, the authorized person must also observe another important rule, namely, the established deadlines within which the employer must be aware of the verification. In accordance with the current rules, the document must be handed over to the employer no later than three days before the actual start of the inspection.
The second type of inspection of the labor inspectorate can be called unscheduled. It is a special event that, as their name implies, takes place unscheduled. To appoint an unscheduled inspection, the authorized person must have certain grounds. In most cases, such a basis is the receipt of a written appeal from a disgruntled employee. In his letter, he can report various violations that are committed by the employer. The labor inspector never warns the head of the organization about an unscheduled inspection.

How to minimize the negative consequences of a labor inspection?

Of course, the results of any inspection by a labor inspector will directly depend on whether the employer carries out his activities in good faith. However, current practice allows us to identify several important tips, compliance with which will reduce the negative consequences to a minimum:

First of all, it is advisable to make contact with the inspector. No need to try to set obstacles for him to carry out the test. This behavior of the employer will only aggravate the situation and set the inspector against him.
When communicating with the inspector, you need to be as restrained as possible, not be rude, and, moreover, not try to intimidate him. All this will only result in additional problems for the director.
In addition, it is necessary to quickly and efficiently fulfill all the requirements of the authorized person. For example, the inspector may require the submission of some additional company documents for their careful study, etc.
After receiving the appropriate conclusion on the results of the audit, it is not necessary to try to challenge the violations indicated in the document. If the employer really considers them unfair, the labor inspector's decision will need to be challenged in court.