To the legal labor inspectorate of the trade union. Trade union control over working conditions. How to prevent abuse by inspectors The participation of a trade union inspector in an additional investigation of an accident is not mandatory

05.11.2021

Art. 370 of the Labor Code of the Russian Federation provides for the right of trade unions to create technical labor inspectorates of trade unions. The task of TITP is to exercise control over compliance with labor legislation and other regulatory legal acts containing labor law norms. TITP of all-Russian trade unions and their associations are vested with the powers provided for by the regulations approved by the all-Russian trade unions and their associations. TITP of interregional and regional associations (associations) of trade union organizations act on the basis of the regulations adopted by these associations in accordance with the model regulation of the corresponding all-Russian association of trade unions. Trade union technical labor inspectors have the right to freely visit organizations where members of a given trade union or trade unions belonging to an association work to conduct inspections. At the same time, the powers of trade union inspectors include not only verification of compliance with labor legislation and other regulatory legal acts containing labor law norms, but also verification of compliance with the legislation on trade unions, as well as compliance with the terms of the collective agreement, agreement. Trade union technical labor inspectors have the right to: exercise control over compliance by employers with labor legislation and other normative legal acts containing labor law norms; conduct an independent examination of working conditions and ensuring the safety of employees of the organization; take part in the investigation of accidents at work and occupational diseases; receive information from managers and other officials of organizations about the state of working conditions and labor protection, as well as about all accidents at work and occupational diseases; protect the rights and interests of members of the trade union on the issues of compensation for harm caused to their health at work; present employers with demands to suspend work in cases of a direct threat to the life and health of employees; send employers submissions on the elimination of identified violations of laws and other regulatory legal acts containing labor law norms that are mandatory for consideration; to check the state of conditions and labor protection, the fulfillment of the obligations of employers, provided for by collective agreements and agreements; take part in the work of commissions for testing and commissioning of production facilities and means of production as independent experts; participate in the consideration of labor disputes related to violation of labor protection legislation, obligations stipulated by collective agreements and agreements, as well as changes in working conditions; take part in the development of laws and other regulatory legal acts containing labor law norms; participate in the development of draft by-laws on labor protection; apply to the relevant authorities with a demand to bring to justice those guilty of violating laws and other acts containing labor law norms, concealing the facts of accidents at work. In exercising its powers, TITP interacts with state bodies of supervision and control over compliance with laws and other acts containing labor law norms.

PRESIDIUM OF THE TRADE UNION OF WORKERS OF PUBLIC EDUCATION
AND SCIENCES OF THE RUSSIAN FEDERATION

RESOLUTION

On Approval of the Regulations on Legal Inspection
labor union

In order to monitor compliance with labor legislation, strengthen and develop forms of legal protection of social and labor rights and professional interests of trade union members and in accordance with the Presidium of the Central Committee of the trade union

decides:

1. To approve the attached Regulations on the legal labor inspection of the Trade Union of workers of public education and science of the Russian Federation (hereinafter - the Regulations).

3. Until January 1, 2003, the territorial committees of the trade union should take the necessary measures to form a legal labor inspectorate at the territorial level of the organizational structure of the trade union in accordance with the Regulations.

4. Recognize paragraph 6 of the resolution of the Presidium of the Central Committee of the trade union of 21.04.98 N 15 as invalid "On the practice of organizing work to provide legal assistance to trade union members and to exercise the rights to exercise trade union control over compliance with labor legislation by the Sverdlovsk, Kaluga, Irkutsk, Perm territorial organizations of the trade union."

5. To impose control over the execution of this resolution on the deputy chairman of the trade union V.S. Pavlikhin.

Trade union chairman
V.M. Yakovlev

Application. Regulations on the Legal Labor Inspectorate of the Trade Union of Public Education and Science Workers of the Russian Federation

Application
to the decision of the presidium
Central Committee of the Trade Union
dated 04.10.2002 N 11

I. General provisions

1.1. workers of public education and science of the Russian Federation (hereinafter referred to as the legal labor inspectorate of the trade union) is a federal system of bodies exercising trade union control over compliance by employers and their representatives with labor legislation and other regulatory, as well as other social and labor issues in educational institutions of various types and types, organizations, enterprises and institutions of the education and science system, regardless of their organizational and legal forms and forms of ownership (hereinafter referred to as organizations), in which trade union members work on the territory of the Russian Federation.

1.2. The legal labor inspectorate of the trade union in its activities is guided by the Constitution of the Russian Federation, the Labor Code of the Russian Federation, the Federal Law "On Trade Unions, Their Rights and Guarantees of Activity", the Law of the Russian Federation "On Education", the Federal Law "On Higher and Postgraduate Vocational Education", other laws and regulatory legal acts, as well as the Charter of the Trade Union of Public Education and Science Workers of the Russian Federation and these Regulations.

1.3. The legal labor inspectorate of the trade union, in the exercise of its powers, interacts with the federal labor inspectorate, other bodies of state supervision and control over compliance with labor legislation and other regulatory legal acts containing labor law norms, other bodies exercising supervisory and control functions, the prosecutor's office and other law enforcement agencies, public authorities, local governments, labor protection authorities and employers, other state and public organizations.

1.4. The legal labor inspectorate of the trade union is formed at the federal and territorial levels of the organizational structure of the trade union, forming a system of trade union control in organizations in which trade union members work and study.

The legal labor inspectorate of the trade union is independent and independent in its assessments of the state and conditions of compliance with labor legislation by the authorized representative body of the trade union, which ensures the protection of the social and labor rights of trade union members throughout the Russian Federation.

II. Functions of the legal labor inspectorate of the trade union

The legal labor inspectorate of the trade union, in accordance with the tasks assigned to it, performs the following functions:

2.1. Carries out trade union control over compliance by employers and their representatives with labor legislation and other regulatory legal acts containing labor law norms, as well as related legislative and other regulatory legal acts in the field of social partnership, regulation of trade union activities, employment, privatization, liquidation and reorganization in organizations where trade union members work.

2.2. Provides legal and social protection of the rights of employees (trade union members) and trade union organizations from illegal actions (inaction) of employers and their representatives that violate or restrict the rights of employees established by international norms, laws and other regulatory legal acts, as well as social and labor benefits and guarantees stipulated by agreements, collective agreements, labor contracts.

2.3. Organizes and conducts inspections of compliance by employers and their representatives with labor legislation and other regulatory legal acts containing labor law norms, related legislative and other regulatory legal acts, legislation on trade unions, as well as compliance with the terms of collective agreements and agreements.

2.4. Participates in the development of draft laws and other normative legal acts containing labor law norms, in the development of collective agreements and agreements, in the preparation of decisions of trade union bodies on social and labor issues.

2.5. Develops recommendations, gives explanations on the practice of implementing social partnership in the industry, concluding collective agreements and agreements, on the application of labor, pension, housing legislation, as well as on social insurance, employment, organizing summer holidays and improving children's health and other social and labor issues .

2.6. Summarizes and analyzes the activities of primary and territorial trade union organizations, legal labor inspectors of the trade union in monitoring compliance by employers with labor legislation and other regulatory legal acts containing labor law norms.

2.7. Informs the relevant state authorities, local governments about the facts of violation of labor legislation.

In case of non-compliance with the requirements of legal labor inspectors, the trade union sends reports to the federal labor inspectorate, prosecutor's offices about violations of labor legislation, legislation on trade unions and other violations of the rights of workers and their representatives.

2.8. Interacts with the relevant state authorities, local governments on the issues of participation in the development of laws and other regulatory legal acts containing labor law norms, preliminary study of draft regulatory legal acts affecting the socio-economic and labor rights and professional interests of employees, and if necessary makes proposals on them to the governing bodies of the trade union, territorial trade union organizations.

2.9. Interacts with judicial and law enforcement agencies in order to form and study law enforcement practice on issues of legal protection of employees.

2.10. Participates in the work on legal education, dissemination of legal knowledge on compliance with labor laws.

2.11. Submits proposals for consideration by the relevant elected trade union body on issues of compliance with labor legislation, improvement of the system of trade union control in this area.

2.12. Provides methodological and practical assistance to primary and territorial trade union organizations, legal labor inspectors of the trade union in their work to monitor compliance by employers and their representatives with labor legislation and other normative legal acts containing labor law norms.

2.13. Organizes and conducts regular training and advanced training of legal labor inspectors of the trade union and trade union activists on the application of labor legislation and the protection of social and labor rights and professional interests of employees.

2.14. Provides assistance to trade union members, primary and territorial trade union organizations in preparing statements of claim and other documents necessary for judicial and other protection of social and labor rights and professional interests of trade union members.

2.15. Receives, considers applications, complaints and other appeals of trade union members, primary and territorial trade union organizations on issues of compliance with labor legislation and protection of social and labor rights and professional interests of employees, takes the necessary measures to eliminate the facts of violation of labor legislation and the rights of applicants, provides consulting assistance union members on legal issues.

III. Formation of the legal labor inspection of the trade union

3.1. The general management of the activities of the legal labor inspection of the trade union is carried out by the presidium of the Central Committee of the trade union, the current management is carried out by the chairman of the trade union.

The activities of the legal labor inspectorate of a trade union operating on the territory of a constituent entity of the Russian Federation are managed by the relevant governing body of the territorial organization of the trade union.

3.2. The legal labor inspectorate of the trade union is formed according to the sectoral principle at the federal and territorial levels of the trade union structure and consists of the legal labor inspectorate of the Central Committee of the trade union, headed by the chief legal labor inspector of the Central Committee of the trade union, and the legal labor inspectorates of the territorial organizations of the trade union, headed by the chief legal labor inspectors of the relevant governing bodies of the territorial trade unions. organizations.

The legal (main legal) labor inspectors of the trade union are full-time employees of the apparatus of the trade union, territorial trade union organizations.

3.3. A person who has a higher or specialized secondary legal education and at least three years of practical work experience in the specialty is appointed to the position of a legal labor inspector of a trade union.

A person who has a higher legal education and at least five years of practical work experience in the specialty is appointed to the position of chief legal inspector of the trade union.

3.4. The legal labor inspector of the trade union is appointed and dismissed by the decision of the authorized body of the trade union, the territorial organization of the trade union.

3.5. The trade union, the territorial organization of the trade union independently, taking into account financial possibilities, determines the staffing of legal labor inspectors of the trade union.

3.6. The chairman of the territorial organization of the trade union without fail notifies the Central Committee of the trade union and the chief legal labor inspector of the Central Committee of the trade union of the appointment and dismissal of legal labor inspectors of the trade union.

3.7. The legal labor inspector of the trade union is issued a certificate of the established form (Appendix 5).

The certificate is certified by the seal of the territorial trade union organization (trade union) and signed by the chairman of the territorial trade union organization (trade union chairman).

Upon dismissal of the legal labor inspector of the trade union (upon termination of the activities of the freelance legal labor inspector of the trade union), the certificate is subject to return.

3.8. The legal labor inspector of the trade union is directly subordinate to the chairman of the territorial trade union organization (trade union chairman), and also implements decisions made by the governing bodies of the trade union, territorial trade union organizations and the chief legal labor inspector of the Central Committee of the trade union, within his competence.

3.9. The status of a non-staff legal labor inspector of a trade union in terms of authority and responsibility is equated to the status of a full-time legal labor inspector of a trade union.

3.10. The chairman of the territorial trade union organization has the right to instruct the legal labor inspector of the trade union, taking into account his knowledge and practical experience, to perform certain functions of the technical labor inspector of the trade union, if the position of the latter is not provided for by the staffing table.

3.11. Legal labor inspectors of the trade union at least once every three years undergo training and certification according to the program approved by the Central Committee of the trade union.

3.12. The legal labor inspector of the trade union must be a member of the trade union.

IV. Powers of legal labor inspectors of the trade union

The legal labor inspectors of the trade union have the right to:

4.1. To exercise control over compliance by employers, their representatives with labor legislation and other normative legal acts containing labor law norms.

4.2. In accordance with the established procedure, freely visit organizations where trade union members work to conduct inspections of compliance with labor laws and other regulatory legal acts containing labor law, trade union legislation, as well as compliance with the terms of collective agreements, agreements, labor contracts and draw up an act on identified violations (form N 3-PI) (Appendix 3).

4.3. Conduct consultations with employers and their representatives on the adoption of local regulations containing labor law norms.

4.4. Discuss and receive information from employers on issues that directly affect the interests of employees of organizations in the field of observance of their labor rights and professional interests, the legality of reorganization or liquidation of organizations.

4.5. Participate in the development and implementation of control over the implementation of collective agreements and agreements.

4.6. Protect the rights and interests of trade union members, act as representatives on their own initiative or at the request of trade union members in courts and other bodies considering labor disputes, to protect the social and labor rights and professional interests of industry workers.

4.7. Send employers mandatory for consideration submissions on the elimination of identified violations of laws and other regulatory legal acts containing labor law norms (Form N 1-PI) (Appendix 1).

4.8. Take part in the consideration of labor disputes related to violation of labor legislation, obligations stipulated by collective agreements and agreements, labor contracts, as well as changes in working conditions.

4.9. Participate in the development of draft regulatory legal acts containing labor law norms, as well as their coordination in the prescribed manner, in the development of collective agreements and agreements, in the preparation of decisions of trade union bodies on social and labor issues.

4.10. Apply to the relevant authorities with a request to bring to justice persons guilty of violating laws and other regulatory legal acts containing labor law norms (form N 2-PI) (Appendix 2).

4.11. Apply to the state labor inspectorate on an issue that is under consideration by the relevant body for the consideration of an individual or collective labor dispute (with the exception of claims accepted for consideration by a court or issues on which there is a court decision).

4.12. To receive for the implementation of their activities free of charge and without hindrance from employers, their associations (unions, associations), state authorities and local governments information on social and labor issues relating to workers in the industry.

4.13. The chief legal labor inspector of the trade union, along with the rights specified in paragraphs 4.1-4.12 of this Regulation, has the right to consider disagreements that have arisen between employers, their representatives and other officials of organizations (if they apply) and the legal labor inspectors of the trade union on issues within their competence and make decisions on them.

4.14. The chief legal labor inspector of the Central Committee of the trade union performs the following functions:

- direct organizational and methodological management of the activities of the legal labor inspection of the trade union, wide information about its activities;

- coordination of the work of the legal labor inspectors of the trade union, assistance in the fulfillment of the tasks assigned to them;

- monitoring the compliance with the current legislation of the decisions adopted by the legal labor inspectors of the trade union;

- submission to the Central Committee of the trade union, as well as to the FNPR, of annual information on the activities of the legal labor inspectorate of the trade union and making proposals for its improvement and bonuses to the legal labor inspectors of the trade union;

- organization of training and advanced training of legal labor inspectors of the trade union in accordance with the plans approved by the presidium of the Central Committee of the trade union.

4.15. Disagreements on decisions taken by the chief legal labor inspector of the Central Committee of the trade union are considered at a meeting of the presidium of the Central Committee of the trade union.

V. Final provisions

5.1. Complaints against the decisions made by the legal labor inspectors of the trade union are considered by the relevant governing body of the territorial organization of the trade union, and, if necessary, by the elected trade union body of the higher organization of the trade union. The final decision is made by the Presidium of the Central Committee of the trade union.

5.2. The legal labor inspector of the trade union keeps a record of his activities and reports to the organization in which he is hired.

5.3. The legal labor inspector of the trade union annually, no later than February 1 of the year following the reporting year, submits to the Central Committee of the trade union a report on the work of the legal labor inspectorate of the territorial organization of the trade union in the prescribed form (form N 4-PI) (Appendix 4).

The report on the work of the legal labor inspectorate of the territorial organization of the trade union must be accompanied by an explanatory note with information disclosing the content of the points of the report marked with *, as well as other additional information of a legal nature.

5.4. The freelance legal labor inspector of the trade union is released from the main work to perform the duties provided for by this Regulation, to participate in seminars, meetings, conferences, congresses and in the work of other elected trade union bodies. The conditions for his release from his main job and the procedure for paying for the time of fulfilling the duties of a legal labor inspector of the trade union and training are determined by the collective agreement, agreement.

Annex 1 to the Regulations. Submission N from "" _______ 200_. on the elimination of revealed violations of laws and other regulatory legal acts containing labor law norms

Attachment 1
to the Regulation on legal
union labor inspectorate
people's workers
education and science of the Russian Federation

Form N 1-PI

Legal Labor Inspectorate of the Trade Union

REPRESENTATION N __ dated "__" _______ 200_
on the elimination of identified violations of laws and other regulatory
legal acts containing labor law norms




(position, name of organization, last name, first name, patronymic)

In accordance with Article 370 of the Labor Code of the Russian Federation, Article 19 of the Federal Law "On trade unions, their rights and guarantees of activity" I propose fix the following violations:


	List of identified violations		Terms of elimination

I ask you to report the results of consideration of the submission and the measures taken to the legal labor inspectorate of the trade union by "__" _______ 200_.


Submission received "__" __________ 200_
	(position, surname, name, patronymic)

Note. The representation is issued to a person who has violated labor laws. Copies of the submission are sent to the head of the organization and to the elected trade union body of the organization.

Annex 2 to the Regulation. Requirement N dated "" _______ 200_ to bring to justice persons guilty of violating laws and other acts containing labor law norms

Annex 2
to the Regulation on legal
union labor inspectorate
people's workers
education and science of the Russian Federation

Form N 2-PI

TRADE UNION OF WORKERS OF PUBLIC EDUCATION AND SCIENCE OF THE RF
Legal Labor Inspectorate of the Trade Union

DEMAND N__ from "__" _______ 200_
on the prosecution of persons guilty of violating laws
and other acts containing labor law norms



	(position, name of state,
law enforcement agency, organization, full name)


In accordance with Article 370 of the Labor Code of the Russian Federation, Article 19 of the Federal Law "On Trade Unions, Their Rights and Guarantees of Activity", I appeal to *requirement* about attracting to _____________________
	(disciplinary, administrative, criminal)
responsibility


(position, full name of the person (persons) who committed the violation)



and other normative legal acts)

I ask you to inform the legal labor inspectorate of the trade union about the decision made by "__" _______ 200_.


Application. Submission N ____ dated "__" __________ 200_
Legal (Chief Legal) Labor Inspector of the Trade Union
	(signature, date, surname, name, patronymic)

Appendix 3 to the Regulation. Act on violation of labor legislation and other regulatory legal acts containing labor law norms

Appendix 3
to the Regulation on legal
union labor inspectorate
people's workers
education and science of the Russian Federation

Form N 3-PI

TRADE UNION OF WORKERS OF PUBLIC EDUCATION AND SCIENCE OF THE RF
Legal Labor Inspectorate of the Trade Union

ACT
on violation of labor laws and other regulatory
legal acts containing labor law norms

Compiled by the legal (chief legal) labor inspector of the trade union



(Full Name)
On violation of labor law

(last name, first name, patronymic, position, name of organization)


(summary of labor law violations

with indication of articles of legal acts)
Explanation of the official who committed the violation:


"__" __________ 200_
		(signature)

Decision of the legal (chief legal) labor inspector of the trade union


Legal (Chief Legal) Labor Inspector of the Trade Union
	(signature, date, surname, name, patronymic)

"__" _____ 200_

Note. The act is drawn up in three copies: the first is issued to the person who violated labor laws, the second is sent to the head of the organization, the third is transferred to the elected trade union body of the organization.

Annex 4 to the Regulation. Report on the work of the legal labor inspectorate ____________ of the territorial organization of the trade union for 200_

Appendix 4
to the Regulation on legal
union labor inspectorate
people's workers
education and science of the Russian Federation

Form N 4-PI


	Section name
	Number of legal labor inspectors
	Number of freelance legal labor inspectors
	Checked institutions comprehensively (on all issues of application of labor legislation): a) preschool education
	The number of submissions (requirements) for the elimination of violations of labor legislation by institutions / of which were fulfilled:
	a) preschool education
	b) general secondary education
	c) primary and secondary vocational education
	d) higher professional education
	Restored to work: a) at the request of the trade union organization b) based on the results of applying to the state labor inspectorate
	At the request of the trade union organization, it was brought to responsibility of officials for violation of labor legislation, the terms of the collective agreement, agreement: a) disciplinary, including dismissed b) other liability (material, administrative, criminal)
	Materials sent to the commission on labor disputes
	Materials sent to the State Labor Inspectorate The number of instructions of the state labor inspectorate on the elimination of violations of labor legislation
	Materials sent to the prosecutor's office The number of protests and submissions on the elimination of violations of the law
	Materials sent to the court / of them satisfied in whole or in part:
	a) on the recovery of wages, benefits and other mandatory social payments
	b) about reinstatement
	c) other individual labor disputes
	e) on appealing against actions and decisions of authorities and officials that violate the social and labor rights of employees
	Number of labor disputes considered with the participation of the trade union organization: a) collective, incl. strikes b) individual
	Of these, the following were resolved positively: a) collective, incl. as a result of strikes b) individual
	The number of expert reviews of projects, as well as existing regulatory legal acts affecting the rights and interests of educators
	Letters reviewed
	Taken in person

"__" _____ 200_


Legal (Chief Legal) Labor Inspector of the Trade Union

Chairman of the territorial organization of the trade union
	(signature, surname, name, patronymic)

Appendix 5 to the Regulation. Form of the Certificate of the legal (main legal) labor inspector of the trade union

Annex 5
to the Regulation on legal
union labor inspectorate
people's workers
education and science of the Russian Federation

Front side

CERTIFICATE

Inner side (left side)


Trade Union of Public Education and Science Workers of the Russian Federation CERTIFICATE N _____

	Place for a photo	Issued "__" ________ 200_


	Personal signature

Inner side (right side)




(Full Name)
works in office

legal (chief legal) labor inspector
(name of the territorial organization of the trade union)
Chairman of the territorial organization
trade union

The text of the document is verified by:
"Official documents in education",
N 1, 2003

Trade unions and other representative bodies authorized by employees represented by legal and technical labor inspectorates, authorized (trusted) persons for labor protection have the right to exercise control over compliance by employers with labor legislation, including labor protection legislation.

Trade union representative (trustee) may be a trade union organizer, trade union group organizer, head of a trade union, union (association) of trade unions, trade union body or another person authorized to represent by the charter of the trade union, union (association) of trade unions, the regulation on the primary trade union organization or the decision of the trade union body. This definition is enshrined in Art. 3 of the Federal Law of January 12, 1996 No. 10-FZ "On trade unions, their rights and guarantees of activity."

Control over labor protection by authorized persons is carried out continuously. This quality distinguishes this type of control from all its other forms. The more workers will be involved in public control, the higher will be its effectiveness.

Authorized persons for labor protection act on the basis of the Recommendations on the organization of the work of an authorized (trusted) person for labor protection of a trade union or labor collective, approved by the Decree of the Ministry of Labor of Russia dated April 8, 1994 No. 30, as well as on the basis model provision on the authorized trade union body for labor protection, approved by the relevant resolution of the governing elected body of the relevant all-Russian trade union association, or a similar document.

Trade unions provide election of commissioners within the organization and its departments. Commissioners are elected by open or secret ballot at a meeting (conference) of the primary trade union organization or at a general meeting of employees of the organization and structural unit for the term of office of the elected trade union body. From the total number of authorized persons may be elected senior commissioner for labor protection of the organization, who may be a member of the trade union committee. The senior authorized person and other authorized persons (from structural subdivisions) may be elected to the composition of the joint committee (commission) on labor protection of the organization. If there are several trade unions in the organization, each of them is given the right to nominate candidates for the selection of their representatives. The senior labor protection commissioner of the trade union coordinates the work of all labor protection commissioners of the organization.

In accordance with Art. 25–27 of the Federal Law "On Trade Unions, Their Rights and Guarantees of Activity" guarantees apply to the authorized person as an employee who is a member of a trade union body and is not released from his main job or elected (delegated) to trade union bodies.

Technical labor inspectorate of the trade union, its rights

In accordance with Art. 370 of the Labor Code of the Russian Federation to exercise control over compliance with labor legislation and other regulatory legal acts containing labor law norms, the implementation of collective agreements, agreements, all-Russian trade unions and their associations can create legal and technical labor inspectorates of trade unions who are empowered by the provisions approved by the all-Russian trade unions and their

associations. Interregional as well as territorial associations (associations) of organizations of trade unions operating on the territory of a constituent entity of the Russian Federation may create legal and technical labor inspectorates of trade unions, which act on the basis of the regulations adopted in accordance with the model regulation of the corresponding all-Russian association of trade unions.

Decree of the Executive Committee of the General Council of the Federation of Independent Trade Unions of Russia (FNPR) dated December 19, 2005 No. 7-6 approved a new version of the Regulations on the technical labor inspectorate, which fixes the main tasks of the technical inspectorate, as well as its powers.

In accordance with the aforementioned Regulations, the technical labor inspectorate is an authorized representative body of trade unions, is independent and independent in its activities and is guided by the norms of the Constitution of the Russian Federation, laws and other regulatory legal acts of the Russian Federation on labor, labor protection and the environment, social insurance against accidents at work. production and occupational diseases, the charters of trade unions and the Regulations on the technical labor inspection.

The Technical Labor Inspectorate carries out its activities in cooperation with federal executive authorities that carry out the functions of developing state policy, legal regulation, control and supervision in the established field of activity, legislative and judicial authorities, law enforcement agencies, territorial bodies of federal services and agencies, executive authorities of the constituent entities of the Russian Federation, local authorities, bodies exercising functions in the field of compulsory social insurance against industrial accidents and occupational diseases, as well as with employers and their associations. Works in close contact with the primary trade union organizations, authorized (trusted) persons for labor protection of trade unions, joint committees (commissions) for labor protection, public unions and associations in the field of labor protection and the environment.

The heads of the technical labor inspectorate of the all-Russian association of trade unions, the all-Russian trade union and their trade union organizations, the territorial association of trade union organizations are the chief technical labor inspectors of the relevant trade union body. Their deputies are deputies of the chief technical labor inspector.

Technical labor inspectorates, in accordance with the tasks assigned to them, perform the following functions:

– take part in the development and formation of federal, regional and sectoral programs on labor protection and the environment, special measures for the social protection of workers injured at work;
– make proposals on issues of labor protection, industrial and environmental safety and compulsory social insurance against industrial accidents and occupational diseases in general, regional, sectoral (intersectoral), territorial and other agreements;
– summarize the experience of applying federal, regional legislation in the field of labor protection, the environment, compulsory social insurance against accidents and occupational diseases and make proposals for their improvement;
– provide advisory assistance to primary trade union organizations on issues of working conditions and labor protection, the environment, the health of workers, as well as on the formation of measures for the section of the collective agreement and the agreement on labor protection;
- inform the relevant state authorities and local self-government about the facts of violation of the legislation on labor protection, the environment and compulsory social insurance against accidents at work and occupational diseases;
– participate in the dissemination of knowledge in the field of labor and environmental protection, compulsory social insurance against industrial accidents and occupational diseases;
– conduct a selective examination of projects for the construction and reconstruction of existing production facilities, new technologies, equipment, machines, mechanisms, vehicles, for compliance with their requirements for labor protection and environmental safety, as well as means of collective and individual protection of workers for the presence of a certificate of conformity or safety ;
– consider the appeals of trade union members on issues of labor protection, the environment and compulsory social insurance against industrial accidents and occupational diseases;
- together with the labor protection trade union activists, they monitor the implementation by employers of measures to improve working conditions and labor protection provided for in the collective agreement and agreement, as well as the certification of workplaces in terms of working conditions;
- provide methodological assistance to authorized (trusted) persons for labor protection of trade unions, perform other functions.

14.04.2015

REGULATIONS
ABOUT THE CHIEF TECHNICAL LABOR INSPECTOR
TRADE UNION OF EMPLOYEES RAS

1. GENERAL PROVISIONS

1.1. This Regulation was developed on the basis of and in accordance with the Charter of the Trade Union of Workers of the Russian Academy of Sciences, (hereinafter referred to as the Trade Union) Federal Laws: "Labor Code of the Russian Federation", "On Trade Unions, Their Rights and Guarantees of Activity", "On Mandatory Social Illness", "On Special assessment of working conditions”, as well as other laws and regulations of the Russian Federation.

1.2. This Regulation determines the main areas of activity, the rights and obligations of the chief technical labor inspector of the trade union.

1.3. The chief technical labor inspector of the trade union, together with committees (commissions) for labor protection, authorized (trusted) persons of the trade union for labor protection, exercises trade union control over compliance with labor protection legislation in organizations.

1.4. Works in close contact with the primary trade union organizations, public unions and associations in the field of labor and environmental protection.

1.5. The chief technical labor inspector is an authorized representative of the trade union, is independent and independent in his assessments of the state of conditions, labor protection, industrial safety in organizations, is guided by the norms of the Constitution of the Russian Federation, laws and other regulatory legal acts of the Russian Federation on labor, labor protection and social insurance against accidents accidents at work and occupational diseases, the Charter of the Trade Union and these Regulations and protects the rights of trade union members throughout the Russian Federation.

2. FUNCTIONS OF THE CHIEF TECHNICAL LABOR INSPECTOR OF THE TRADE UNION

2.1. Implementation of trade union control over compliance by employers and their representatives with labor protection legislation (including a special assessment of working conditions), environmental protection, compulsory social insurance against accidents at work and occupational diseases, other regulatory legal acts containing labor law norms, as well as for fulfillment of the terms of collective agreements, agreements in the field of labor protection in organizations in which members of the Trade Union of Workers of the Russian Academy of Sciences work.

2.2. Organization and conduct of inspections of the state of conditions and labor protection in organizations that were previously part of the Russian Academy of Sciences. In the control activities of the inspector, most of the checks should be thematic checks.

2.3. Protection of the legitimate rights and interests of trade union members for healthy and safe working conditions: control of the level of guarantees and compensations provided to the employee in connection with harmful and dangerous working conditions based on the results of the SAUT, for compensation for harm caused to the health of the employee by injury, occupational disease, or other damage to health, related to the performance of their duties.

2.4. Providing practical and advisory and legal assistance to authorized (trusted) persons of the trade union for labor protection, members of the committee (commission) for labor protection, members of the trade union.

2.5. Control, together with the trade union activists, of the completeness and correctness of the spending of funds provided for by collective agreements and agreements for measures to protect labor and the environment.

2.6. Analysis and generalization of the causes of injuries, violations of labor protection requirements and preparation of recommendations for their elimination. Preparation of proposals on the need to make changes and additions to regulatory legal acts and local regulations on labor protection.

2.7. Informing FASO of Russia about the facts of violation of the legislation on labor protection, the environment and insurance against accidents at work and occupational diseases.

2.8. Study and generalization of problematic issues on labor protection. Taking necessary measures within their powers to resolve issues on the spot. Submission to the Central Council of the Trade Union of proposals on issues that need to be addressed at the federal level. Preparation of proposals on these issues for their introduction into an intersectoral agreement.

2.9. Consideration of letters, appeals and statements of primary trade union organizations, trade union members on issues of labor protection and insurance against accidents at work and occupational diseases. Preparation of substantiated explanations, recommendations and taking the necessary measures to eliminate the established facts of violation of the applicants' rights.

2.10. Submission for consideration of the elected trade union body of proposals on issues of labor protection, insurance against accidents at work and occupational diseases, improvement of the system of trade union control in these areas.

2.11. Providing methodological and practical assistance to the heads of primary trade union organizations, authorized (trusted) persons of the trade union for labor protection in organizations. Organization of their periodic training and advanced training.

2.12. Advisory assistance and organization of the preparation of trade union activists for participation in the commissions for the implementation of the SOUT. Control over the mandatory participation of a trade union representative in the commission for a special assessment of working conditions and compliance with the requirements of the SOUT procedure.

2.13. Making proposals to the relevant trade union bodies and employers to improve the conditions, labor protection of workers, as well as the application of economic sanctions against officials for violations in this area.

2.14. Preparation of an annual progress report.

3. RIGHTS AND OBLIGATIONS OF THE CHIEF TECHNICAL LABOR INSPECTOR

3.1. To freely visit (upon presentation of a certificate of the established form) organizations, their structural subdivisions, workplaces where members of this trade union of workers of the Russian Academy of Sciences work, to conduct inspections of compliance with labor laws and other regulatory legal acts containing labor law norms, legislation on trade unions, compulsory social insurance against accidents at work and occupational diseases, as well as the fulfillment of the terms of the collective agreement, agreement.

3.2. Send employers mandatory for consideration submissions on the elimination of identified violations of laws and other regulatory legal acts on labor protection, as well as identified violations of the legislation on compulsory social insurance against industrial accidents and occupational diseases.

3.3. Submit demands to the employer for the suspension of work in cases of a direct threat to the life and health of employees.

3.4. Participate in the investigation of accidents at work and occupational diseases.
Take part (regardless of the statute of limitations) in the investigation, together with the state inspector for labor protection, of a hidden accident at work, upon receipt of a complaint, statement, other appeal from the victim, his authorized representative or relatives of the deceased as a result of the accident about their disagreement with the conclusions of the commission on investigation, as well as upon receipt from the employer (authorized representative) of information about the consequences of an accident at work after the end of the temporary disability of the victim.
Represent the interests of the victim (at his request) during the medical and social examination with the right of an advisory vote.
Protect the rights and interests of trade union members on issues of compensation for harm caused to their health at work.
Participate in the work of a special commission for the technical investigation of accidents at hazardous production facilities.

3.5. Apply to the relevant authorities with a demand to bring to justice officials guilty of violating the legislation on labor protection, the environment, compulsory social insurance against accidents at work and occupational diseases, concealing the facts of accidents at work, as well as failure to comply with the recommendations of the chief technical inspector labor.

3.6. Receive information from managers and other officials, organizations about the state of working conditions and labor protection, as well as about all accidents at work and occupational diseases.

3.7. Participate in the development of regulatory legal acts containing labor law norms.

3.8. To check the state of conditions and labor protection, the fulfillment by employers of obligations stipulated by collective agreements and agreements.

3.9. Take part in the consideration of labor disputes related to violation of labor protection legislation, obligations established by collective agreements and agreements, as well as changes in working conditions.
Contact the state labor inspectorate on issues of an individual or collective labor dispute to take measures to eliminate violations of labor protection legislation.

3.10. The results of the inspection are documented in writing in the form of the following documents, filled in according to the established forms:
form 1-TI - a presentation on the elimination of identified violations of the norms of labor protection legislation (Appendix No. 1);
form 2-TI - a requirement to bring to justice persons guilty of violating labor protection legislation (Appendix No. 2); form 3-TI - requirement to suspend work in cases of direct threat to the life and health of workers (Appendix No. 3).

Appendix No. 1
to the Regulation on technical
labor inspectorates

Form 1-TI

PRESENTATION N ____ __ ________ 20__
on the elimination of identified violations of the law
on labor protection, environmental protection, accident insurance
accidents at work and occupational diseases,
special assessment of working conditions

To whom_____________________
(Full Name)

___________________________________________________________________________

organizations
__________________________________________________________________
(Full Name)

insurance against accidents at work and professional

labor"

I SUGGEST FIXING THE FOLLOWING:

	List of identified violations	Terms of elimination

On the results of consideration of the Submission and the measures taken, I ask
notify the technical labor inspectorate by __ ___________ 20__

labor inspector _______________
(signature)
___________________________________________________________________________
(Full Name)

Submission received by ___________________________________________________________
(last name, first name, patronymic, position)
_____________________ _________________________________________________
(Signature) (date, time)

Appendix No. 2
to the Regulation on technical
labor inspectorates

Form 2-TI

Trade Union of Workers of the Russian Academy of Sciences
Technical Labor Inspectorate
__________________________________________________
__________________________________________________
__________________________________________________
__________________________________________________
(postal address, telephone, fax)

REQUIREMENT N ___ __ ________ 20__
on bringing to justice those responsible for the violation
norms of legislation on labor protection, environment,
industrial accident insurance
and occupational diseases, special assessment
working conditions

To whom __________________________________________________________________
(position, surname, name, patronymic of the head)
___________________________________________________________________________
body of state control (supervision)
In accordance with Article 20 of the Federal Law "On Professional
unions, their rights and guarantees of activities", Article 370 of the Labor Code
Russian Federation, Article 68 of the Federal Law "On Environmental Protection
Wednesday", Article 26 of the Federal Law "On Compulsory Social
insurance against accidents at work and professional
diseases", Article 25 of the Federal Law "On a special assessment of the conditions
labor"
I am filing a claim for _________ liability.
(disciplinary,
administrative,
criminal)

___________________________________________________________________________
(position, full name of the person (persons) who committed the violation)
per ________________________________________________________________________
(summary of violations with reference to legislative and other
normative legal acts on labor protection,
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
environment, industrial accident insurance and
occupational diseases, special assessment of working conditions)

I ask you to inform the technical labor inspectorate about the decision made.
up to _______________________________
(day month Year)
Appendix: Submission dated __ ____________ 20__ N _______________
Technical (chief technical) labor inspector _________________________
(signature)
___________________________________________________________________________
(Full Name)

Appendix No. 3
to the Regulation on technical
labor inspectorates

Form 3-TI

Trade Union of Workers of the Russian Academy of Sciences
Technical Labor Inspectorate
_____________________________________
_____________________________________
_____________________________________
_____________________________________
(postal address, phone number, fax number)

REQUIREMENT N ____________ __ ____________ 20__
on the suspension of work in cases of imminent threat
life and health of workers

To whom ______________________________________________________________________
(Full Name)
___________________________________________________________________________
___________________________________________________________________________
(position, organization name)
Copy: Chairman of the trade union committee
organizations ____________________________________________
(Full Name)
In accordance with Article 20 of the Federal Law "On Professional
unions, their rights and guarantees of activities", Article 370 of the Labor Code
Russian Federation I demand to suspend
___________________________________________________________________________
(name of works, machines, machines, equipment,
___________________________________________________________________________
vehicles, production sites)
___________________________________________________________________________
(statement of violations of regulatory requirements for labor protection,
___________________________________________________________________________
creating a direct threat to the life and health of workers,
with reference to articles and paragraphs
___________________________________________________________________________
legislative and other normative legal acts on labor protection)

Technical (chief technical)
labor inspector ________________ signature
____________________________________________________________________
(Full Name)

Request received on __ ___________ 20__ at __ hours __ minutes
________________ __________________________________________________________
(signature) (surname, name, patronymic)
___________________________________________________________________________
(job title)

As you noticed, in order to get to the website of the labor inspection in your region, it is enough to enter the following in the address bar of your browser: git (number of your region).rostrud.ru Powers of the state labor inspector In order to successfully protect your rights, it is important to know how the state labor inspector can help you! Familiarize yourself with these powers of inspectors before contacting the labor inspectorate. First, you will better understand what action it makes sense to ask for in your particular case. Secondly, you will find out what powers the labor inspector does not have (for example, the inspector does not initiate criminal cases, does not seize property, etc.).

Based on this, you choose the addressee for a written appeal: the chairman of the regional committee of your trade union or the chairman of the territorial association of trade unions. They, in turn, will entrust the case to their legal inspectors. Written appeals can be brought in person or sent by mail.

Attention

There are no deadlines for responding to appeals for trade unions, therefore, unless otherwise established by trade union documents, your appeal should be considered within a reasonable time. As a general rule, a month is a reasonable time. The legal inspector of the trade union has significant powers. Firstly, he can freely visit any employer who employs trade union members to monitor compliance with the law - that is, the employer is obliged to let the inspector into the organization.

Secondly, the employer is obliged to provide the inspector with the relevant documents.

15. rights of trade union labor inspectors.

Thirdly, the inspector has the right to send the employer a proposal to eliminate violations, and the employer is obliged to report within a week on the results of the consideration of the requirement and the measures taken. An employee should also be aware of one nuance when contacting a trade union. The inspector conducts an inspection in two cases: at the request of a member of the trade union (problem inspection) and according to the plan of inspections (scheduled inspection), which is accepted, as a rule, once every six months.
Therefore, if an employee needs to quickly solve a problem, then, most likely, they will have to “order” a problem check. If the matter is not so urgent, you can use another option: contact the chairman of the regional committee of the trade union in which you are a member, with a request to include your employer in the inspection plan, explaining the essence of the problem.

Rights of trade union labor inspectors

Site: http://www.rostrud.ru On the same site, in the subsection "Territorial bodies of Rostrud" there is information about the territorial inspection bodies - in the subjects of the Russian Federation: http://www.rostrud.ru/rostrud/territorialnye-organy/ All labor inspectorates at the level of subjects of the Russian Federation have their own websites. For example: The State Labor Inspectorate in Moscow - http://git77.rostrud.ru/ The State Labor Inspectorate in the Chuvash Republic - http://git21.rostrud.ru/ The State Labor Inspectorate in the Samara Region - http://git63. rostrud.ru/ State Labor Inspectorate in the Kirov region - http://git43.rostrud.ru/etc.

Powers of the Labor Inspectorate

Important

Otherwise, the application will be recognized as anonymous, and the inspection does not consider anonymous letters. All information that the citizen indicated in the application should in no case be disclosed. The rights of trade union labor inspectors Important According to this plan, the legal inspector will come to an unsuspecting employer as if with an ordinary scheduled inspection and, studying the documents, as if by chance discovers a violation of your right.

Thus, you will remain “nothing to do with it”, but your problem will be dealt with. It should be remembered that the employer is not obliged to fulfill the requirement specified in the submission, which is a minus for the employee.

An employee can send an appeal to the state labor inspectorate in the form of an electronic document to the legal labor inspectorate of the trade union Federal Law “On the procedure for considering the appeal of citizens of the Russian Federation”. git77.rostrud.ru/room/ (appeal to the Moscow Inspectorate). Functions of the State Labor Inspectorate: monitoring compliance by employers with labor legislation by conducting inspections, surveys, issuing binding orders to eliminate violations, drawing up protocols on administrative offenses, considering cases of administrative offenses - i.e.
Labor Code of the Russian Federation, - suspension of work in case of delay in payment of wages 2) the employee has the right to refuse to perform work not provided for by the employment contract, in particular, from work with harmful and (or) dangerous working conditions, if their performance is not provided for by the employment contract. 3) The employee has the right to refuse to perform labor duties and go to work due to non-payment of wages, including partial wages. 4) The employee has the right to refuse to comply with illegal orders of the employer. 5) The employee has the right to refuse to give explanations when bringing to disciplinary responsibility, as well as to refuse to testify in labor cases against his relatives. In accordance with Part 1 of Art. 51 of the Constitution of the Russian Federation, an employee may refuse to testify against himself, his spouse and close relatives.

Do trade union bodies have the right to apply to the labor inspectorate

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labor consultant
To the legal labor inspectorate of the trade union

So, if your right is violated, you can contact the union legal labor inspector. If the regional branch of your trade union has its own full-time legal inspector, then he will deal with you. If not, then the problem will be solved by the legal labor inspectorate of the trade union association.

If the reasoned opinion of the elected body of the primary trade union organization does not contain agreement with the draft local normative act or contains proposals for its improvement, the employer may agree with it or is obliged to conduct additional consultations with the elected body of the primary trade union within three days after receiving the reasoned opinion. trade union organization of workers in order to reach a mutually acceptable solution. 4) If agreement is not reached, the disagreements that have arisen are documented in a protocol, after which the employer has the right to adopt a local normative act, which can be appealed by the elected body of the primary trade union organization to the relevant state labor inspectorate or to the court.
The procedure for taking into account the reasoned opinion of the elected body of the primary trade union organization when terminating the employment contract at the initiative of the employer According to Article 373 of the Labor Code of Russia to the elected body of the relevant primary trade union organization a draft order, as well as copies of the documents that are the basis for the adoption of this decision. 2) The elected body of the primary trade union organization, within seven working days from the date of receipt of the draft order and copies of documents, considers this issue and sends its reasoned opinion to the employer in writing. An opinion not submitted within seven days is not taken into account by the employer.
If not, then the problem will be solved by the legal labor inspectorate of the trade union association.

The name of the authority to which the complaint is directed;
Information about the complainant: full name, address, contact phone number;
Full name of the employer's organization where the violations occurred;
Address of the organization, full name of the head and, if possible, TIN;
The essence of the appeal: a detailed description of the violations, indicating the evidence supporting the applicant's words;
Information about the consideration of a controversial issue within the organization;
If a complaint is filed with law enforcement agencies, it is desirable to indicate the signs of what offense or crime are there in the actions of the employer;
Date of writing the appeal;
Signature.

Download a sample complaint against the employer Attached to the complaint are documents proving violations of labor laws.
The State Labor Inspectorate, within ten days from the date of receipt of the complaint (application), considers the issue of dismissal and, if it is recognized as illegal, issues to the employer a binding order to reinstate the employee at work with payment for forced absenteeism.

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labor consultant
To the legal labor inspectorate of the trade union

Trade unions have the right to monitor how the employer complies with labor laws and collective agreements and agreements. To do this, trade unions can create legal and technical labor inspectorates of trade unions (Labor Code Art. 370). If the trade union is large enough, its regional branch has its own legal inspectorate, if not, then it is in the territorial association of trade unions.
So, if your right is violated, you can contact the union legal labor inspector.