Declaring the activities of the enterprise for the implementation of labor rights. Employer Trust Certificate

30.06.2020

"HR officer. Labor law for a personnel officer", 2010, N 4

Employer Trust Certificate

In order to identify employers who are guaranteed to respect the rights of workers, to raise their status in the modern labor market, in Russia, at the regional level, a project is being implemented to declare the activities of enterprises for the implementation of labor rights workers. Project participants are issued a certificate of trust to the employer.

The project is already being developed in full force in Russia. On the basis of agreements between state labor inspectorates and local branches of the Association of Industrialists and Entrepreneurs, a regulation on participation in such a project, application forms and certificates are adopted.

The first initiators can be called the state labor inspectorate in the Kirov region together with the Vyatka Chamber of Commerce and Industry. In the declaration form they have adopted, employers fill out a 17-point questionnaire, where they indicate how the rights of employees are respected: whether written contracts are concluded, whether wages are paid on time and whether they are above the minimum level, whether deductions are made to off-budget funds, what attention is paid to labor protection.

It is unlikely that the enterprise will take the risk of submitting the mentioned declaration just like that, without properly establishing personnel records, because the specialists of the state labor inspectorate must assess the conformity of the declared information with reality. After checking the organization, a certificate of trust is issued (or not issued) to the Employer and the company is entered in a special "honorary" register posted on the website of the inspection.

In case of detection of inconsistencies, the state labor inspectorate, as expected, issues an order to eliminate violations of the norms labor law. Thus, it turns out that the enterprise voluntarily runs into an unscheduled inspection. Although for the enterprise itself this inspection, of course, will be perceived as planned, since they themselves initiated it and should have been properly prepared.

It is interesting that such a check is not implied in all subjects of the Russian Federation. Looking at the draft regulation on the participation of organizations and individual entrepreneurs of Moscow in the project "Declaring the activities of an enterprise for the implementation of the labor rights of employees and employers", we will see that the state labor inspectorate, within 10 days from the date of receipt, must consider the application-declaration for compliance of the declared facts with the requirements of labor legislation and make a decision on the admission (denial of admission) of the employer to participate in the project. The decision is made on the basis of the employer's "presumption of truthfulness". Non-participation in the project does not entail any consequences for the organization (entrepreneur).

Appendix

To the Regulation on the participation of organizations and individual

Entrepreneurs of Moscow in the project

"Declaring the activities of the enterprise for the implementation

Labor Rights of Employees and Employers"

To the State Labor Inspectorate in Moscow

Application-declaration of participation in the project

"Declaring the activities of the enterprise for the implementation

Labor Rights of Employees and Employers"

1. ____________________________________________________________________

name of the employer (enterprise) in accordance with the Unified

state register legal entities (USRLE) (last name, first name,

patronymic of an individual entrepreneur)

2. ____________________________________________________________________

address of the employer in accordance with the Unified State Register of Legal Entities (EGRIP)

3. Number of employees - _______ people

		Declaration (yes/no)
	Employment contracts are drawn up in writing
	Work records are kept for all employees
	The rules of internal labor routine
	Local regulation approved, establishing the procedure for processing personal employee data
	Each employee is provided with a weekly uninterrupted rest of at least 42 hours
	Schedule of annual paid holidays approved employees for the current year
	Wages of employees not below the minimum the amount of wages in Moscow, established tripartite commission agreement
	Work on weekends and non-working holidays, night work, heavy work and work with harmful and (or) hazardous conditions labor are paid at a higher rate
	Salary is paid in full established deadlines (no debt more than 2 months)
	Employees who combine work with study in educational institutions, all are provided statutory guarantees and compensation
	Social insurance for all employees in the manner prescribed by federal laws
	Has its own labor protection service (position labor protection specialist, for organizations with with less than 50 people, a conclusion is possible agreements with a specialized organization labor protection service)
	Employees are provided with all types of training and labor protection briefings
	Managers and specialists have passed the mandatory occupational safety training and knowledge testing labor protection requirements
	Workers engaged in hard work and work with harmful and (or) dangerous working conditions, are obligatory at the expense of the employer pre-employment and periodic medical examinations
	All employees are provided with certified means of individual and collective protection for account of the employer's funds under conditions not lower than established rules and regulations. At the enterprise work is underway to introduce new tools protection
	Certification of workplaces is carried out according to the conditions labor (appendix - certification schedule jobs, action plan for workplace certification results)
	Funding is provided for activities labor protection on conditions and in sizes not lower than established by federal law (indicate the amount of funding directed to these goals last year, and the target amount for current year with a list of completed works)
	No accidents at work throughout the year
	Compliance with the regime of work and rest of employees
	Ensuring workers are informed about the conditions and labor protection in the workplace, about the risk damage to health and relying on them compensation and funds personal protection
	Presence of a primary trade union organization
	Presence of a commission on labor disputes
	Collective agreement signed
	Availability of benefits and compensations provided employees in addition to the provisions of the labor legislation (for example, fares, lunch compensation, additional medical insurance, additional pension insurance etc.)
	Decision of review bodies individual labor disputes; labor compliance audits legislation and other regulatory legal acts, containing labor law norms; response measures based on the results of inspections in throughout the year
	No strikes
	The introduction of a part-time work regime, downtime for a year
	Mass release of workers during the year (50 or more people within 30 calendar days; 200 or more people within 60 calendar days; 500 or more people within 90 calendar days days - according to the Agreement between the Government of Moscow, Moscow Federation of Trade Unions and MK industrialists and entrepreneurs dated 11.12.2007)

4. I hereby declare that I have complied with the requirements of the law Russian Federation on labor and labor protection.

Explanations and comments are attached on a separate sheet.

Supervisor legal entity(individual entrepreneur)

Surname I. O., signature, date.

Declaration purposes

Is a certificate of trust worth the effort? Why should an employer burden itself with filing a declaration, bringing personnel affairs in full order?

The goals of the project are stated as:

Increasing the attractiveness of organizations and individual entrepreneurs in the labor market;

More successful promotion of goods and services using competitive advantage manufacturers as holders of a certificate of trust to an employer who has declared his work to comply with the main provisions of the labor legislation of the Russian Federation;

Achievement of a new qualitative level of protection of labor rights of workers.

Are these goals being achieved? Since the project is initiated by associations, confederations of industrialists and entrepreneurs, we can say that they form a circle of organizations that have this certificate, and it is quite prestigious to enter this circle.

There is already material for analysis on the first initiators. In order to obtain a Certificate of Trust in an Employer, enterprises independently began the process of attestation of workplaces. Wherein positive moment it can be noted that there is no direct influence of the inspector's response measures on the employer's decisions. This action is one of the most costly, therefore, not all organizations were able to perform it, and, accordingly, not all declarants received positive decisions to be included in the number of project participants.

Of course, those employers who maliciously violate labor laws, go to various tricks for the sake of economy, will not join the project and it will not affect their employees. But those of their competitors who have taken care of their image as an employer can overtake them in the market.

However, there are a considerable number of employers who recognize the need for certification of workplaces, proper control over labor protection, but they always have something urgent, they can start and not finish. They are afraid of checking, but it seems that now it will not come, but just one of these days they will finish everything. For such organizations, the project should serve as an occasion for the timely bringing all cases in the labor sphere into full order and obtaining a certificate.

The State Labor Inspectorate of the Kirov Region believes that the efforts to implement the project under consideration, despite the short period of its implementation, have had a positive impact on the dynamics of the development of labor relations in the Kirov Region. Thus, as of June 1, 2008, compared with the figure for June 1, 2007, the debt of employers in the Kirov region for wages to employees decreased by more than 5 times (from 122.139 million to 22.872 million rubles).

The project is already being implemented in almost all regions. The head of the State Labor Inspectorate of the Novosibirsk Region Andrey Nesterenko solemnly presented a certificate of trust to the employer with the number "001" to the deputy CEO- Director of the Novosibirsk branch of Sibirtelecom OJSC Yury Kupriyanov. The company itself believes that it has worked a lot on the organization of labor protection and is proud of this certificate.

The State Labor Inspectorate in the Primorsky Territory, with the participation of the Primorsky Tripartite Commission for the Regulation of Social and Labor Relations, has implemented a project entitled "Declaring the Organization's Activities for the Implementation of the Labor Rights of Employees and Employers." Vladivostok Air became one of the eight companies in Primorsky Krai that received such an honorary certificate of trust (not shown).

Certificate of trust to the employer N 002

Not given.

Not so long ago, a corresponding agreement came into effect in the Kamchatka Territory. With regard to organizations that have received a certificate of trust in the employer, the state labor inspectorate in the Kamchatka Territory guarantees: the provision of all forms of consulting services on labor law issues free of charge; conducting scheduled inspections compliance with the requirements of labor legislation at the request of the employer. Thus, having received a certificate, the company experiences less pressure from the supervisory authority, at the same time improves its image and increases the attractiveness for existing and potential employees and commercial partners.

Some employers in different regions have already been excluded from the register, on the one hand, this is not encouraging, on the other hand, it indicates that this register is not an empty formality, in case of violation of labor rights, the employer will not be able to stay there. This means that the very fact of being in the register of employers who are guaranteed to observe labor rights will be valued. And it seems that the employers included in the register will take the observance of the rights of workers even more seriously. It's one thing when you come to the enterprise Labour Inspectorate with a check, found violations, issued a fine. Who will know about this if the employer himself does not share? But the exclusion from the registry speaks for itself.

Employees and Employers"

1. INTRODUCTION

The State Labor Inspectorate in the Saratov region is implementing a project "Declaring the activities of the enterprise for the implementation of the labor rights of employees and employers."

2. PROJECT OBJECTIVES

More successful promotion of goods and services using the competitive advantage of manufacturers as holders of the “Certificate of Trust in the Employer”, which has declared its work to comply with the main provisions of the labor legislation of the Russian Federation.

Achievement of a new qualitative level of protection of labor rights of workers in the Saratov region.

3. PROJECT OBJECTIVES

Activation of the activities of employers in the Saratov region, aimed at the most complete and comprehensive implementation of the labor rights of employees.

Providing organizations and individual entrepreneurs of the Saratov region with the implementation of the principles of social partnership based on the situation of mutual loyalty of employees and employers.

Increasing the resource of organizations (entrepreneurs) by reducing the burden on the part of the supervisory authority.

4. MEANS OF PROJECT IMPLEMENTATION

Priority direction of the efforts of organizations and individual entrepreneurs to ensure compliance with the requirements of labor and labor protection legislation.

Information, legal and organizational support for employers from outside government agency authorized to exercise supervision and control in the field of labor and directly related relations.

5. PROJECT PARTICIPANTS

Organizations of any organizational and legal forms and forms of ownership, registered on the territory of the Saratov region.

Individual entrepreneurs registered in accordance with the established procedure without forming a legal entity, carrying out entrepreneurial activities using hired labor (hereinafter - individual entrepreneurs, entrepreneurs);

In accordance with Art. 370 of the Labor Code of the Russian Federation, trade union labor inspectors, authorized (trusted) persons for labor protection of trade unions can be involved in the project participants.

The condition for the participation of organizations and individual entrepreneurs in the implementation of the project is the compliance of the parameters of their activities with the requirements of labor legislation. Non-participation in the project does not entail any legal consequences for the organization (entrepreneur).

To participate in the project, an organization (individual entrepreneur) sends a package of documents to the Expert Commission of the State Labor Inspectorate in the Saratov Region (an application-declaration in the prescribed form, with supporting documents attached, objective information in the form of a certificate of the organization’s field of activity, number of employees, availability or the absence of a position of a specialist / service for labor protection and social policy pursued at the enterprise, on the formation of a positive image of the company, on the territory of the Saratov region), certified by the seal of the organization and the signature of the head of the organization. The expert committee meets once a year in December.

The expert commission for consideration of applications-declarations of enterprises, within thirty days from the date of receipt, considers this application-declaration for compliance of the declared facts with the requirements of labor legislation and makes a decision on the admission (denial of admission) of the employer to participate in the project.

The decision is made by the commission on the basis of the employer's "presumption of truthfulness", taking into account the analysis of unscheduled and scheduled inspections carried out in the organization since its inception. If the facts declared by the employer do not comply with the requirements of labor legislation or if there is objective evidence of any violations of labor legislation (debt to employees for wages, an accident at work through the fault of the employer, etc.), the Expert Commission rejects the application for participation in the project, indicating the reasons for refusal .

Information about organizations awarded SDRs will be posted on the official website of the State Labor Inspectorate in the Saratov Region. The issuance of SDRs is a right, not an obligation, of the Panel of Experts. No more than 10 certificates can be approved at one meeting of the Expert Commission.

In the case of a positive decision, the organization (entrepreneur) is included in the register of employers who guarantee the observance of the labor rights of employees. The specified register is formed by the State Labor Inspectorate and posted on the official website of the Inspectorate. The employer (the head of the enterprise / organization or the acting head) is solemnly awarded the document “Certificate of Trust in the Employer”, which is also published in the media. The document is prepared by the State Labor Inspectorate in the Saratov Region. Registration of the issued SDRs is carried out in the appropriate register, with the obligatory filling in of the columns: number, name of the organization, date of issue of the SDR, protocol number, start and end dates of the SDR, information on the withdrawal or cancellation of the SDR.

The validity period of the certificate is 5 years. Every year, employers with "Certificates of Employer's Trust" need to confirm their right (to renew) certificates by March 1 by submitting the existing certificate to the State Labor Inspectorate, as well as an application - a declaration and a brief information about the organization's activities. If employers do not provide required documents, to consider null and void issued and not renewed (not confirmed their right to SDR) until March 01 "Employer Trust Certificates".

The State Labor Inspectorate in the Saratov region in relation to organizations (entrepreneurs) awarded the "Certificate of Trust in the Employer" guarantees:

Provision of all forms of consulting services and prompt consideration of appeals (within 10 days) on labor law issues;

Exemption from conducting scheduled inspections at the initiative of the State Labor Inspectorate in the Saratov Region for 5 years from the date of issuance of the “Certificate of Trust in the Employer”;

Providing, upon request, the necessary information on the absence of violations of labor legislation and labor protection for submission to the award.

In the absence of violations of labor legislation and accidents at work, the expert commission, by its decision, may prolong the validity of the certificate for a period established by the decision of the commission, at the request of the organization. If there are violations of labor laws in the organization that previously received the SDR, the Expert Commission has the right to cancel it, about which information is posted on the website of the State Labor Inspectorate, and an entry is made about the cancellation in the register.

The list of legislative requirements contained in the annex to this Regulation may be reviewed by the State Labor Inspectorate in connection with changes in legislation or a change in the priorities of supervisory activities. This circumstance has no retroactive effect.

Revocation of the "Certificate of Trust in the Employer" may be carried out by the Expert Commission in connection with violations by the employer of the requirements of labor and labor protection legislation. Information about all violations of labor legislation is submitted to the Expert Commission in the form of a memo from the state labor inspector who conducted an unscheduled inspection or investigation of an accident and established violations of labor legislation and labor protection. In this case, the Certificate, at the request of the employer, can be renewed no earlier than one year from the date of its withdrawal. The employer is informed about the revocation of the certificate in writing, indicating the reasons for the revocation. Information about the revocation of the certificate is posted on the official website of the State Labor Inspectorate in the Saratov region, and an entry is made about the cancellation in the register.

APPENDIX
to the Regulations on the participation of organizations

and individual entrepreneurs of the Saratov region in the project "Declaring the activities of the enterprise for the implementation of the labor rights of employees and employers"

To the State Labor Inspectorate in the Saratov Region

Application-declaration of participation in the project "Declaring the activities of the enterprise for the implementation of the labor rights of employees and employers"

1.
name of the employer (enterprise) in accordance with the Unified State Register of Legal Entities (EGRLE) (surname, name, patronymic of an individual entrepreneur)

2.
_________________________________________________________________
address of the employer in accordance with the Unified State Register of Legal Entities (EGRIP)

3. number of employees - __________ people

4. I hereby declare that I comply with the requirements of the legislation of the Russian Federation on labor and labor protection:

		declaration (yes/no)
	Employment contracts are drawn up in writing.
	Work records are maintained for all employees.
	The rules of the internal labor schedule have been approved.	copy of the document
	Each employee is provided with a weekly uninterrupted rest of at least 42 hours.
	The schedule of annual paid vacations of employees for the current year until December 17 of last year was approved.
	The salary of employees who have worked the norm of hours per month and performed their duties is not lower than the minimum wage established by federal law or established by the regional agreement on minimum wages
	Work on weekends and non-working holidays and work at night is paid at an increased rate.
	Wages are paid in full on time (there is no debt).
	Employees who combine work with education in educational institutions are provided with all guarantees and compensations provided for by law.
	Social insurance is provided for all employees in the manner prescribed by federal laws.
	Has its own labor protection service or labor protection specialist (for organizations with more than 50 (persons)
	Employees are provided with all types of trainings and briefings on labor protection.
	Managers and specialists have undergone mandatory training in labor protection.
	Employees engaged in heavy work and in work with harmful and (or) dangerous working conditions undergo mandatory preliminary medical examinations upon admission to work and periodic medical examinations at the expense of the employer.
	All employees are provided with certified personal and collective protective equipment at the expense of the employer under conditions not lower than those established by the rules and regulations. The company is working on the introduction of new means of protection.
	A special assessment of working conditions / attestation of workplaces in terms of working conditions has been or is being carried out (attachment - schedule special evaluation working conditions, action plan based on the results of certification of workplaces).
	Financing of labor protection measures is carried out on conditions and in amounts not lower than those established by federal legislation. (Indicates the amount of funding allocated for these purposes last year and the planned amount for the current year).
	The working conditions of disabled people are observed (working hours, duration annual leave, labor protection conditions, etc.)
	The working conditions of minors are observed (working hours, annual leave, labor protection conditions, etc.)
	Compliance with the obligations under the Industry Tariff Agreements (general terms of remuneration, guarantees, compensations and benefits for industry employees)

Head of a legal entity (individual entrepreneur)

FULL NAME. signature, date

POSITION

on the participation of organizations and individual entrepreneurs of the Samara region in the project "Declaring the activities of an enterprise for the implementation of the labor rights of employees and employers"

1. INTRODUCTION

The State Labor Inspectorate in the Samara Region, with the participation of the Chamber of Commerce and Industry of the Samara Region, the Federation of Trade Unions of the Samara Region, is implementing the project “Declaring the activities of an enterprise to implement the labor rights of workers and employers”.

2. PROJECT OBJECTIVES

More successful promotion of goods and services using the competitive advantage of organizations - holders of the "Certificate of Trust in the Employer", which has declared its work to comply with the requirements of the labor legislation of the Russian Federation and other regulatory legal acts containing labor law norms.

Achievement of a new qualitative level of protection of the health of workers, ensuring safe working conditions, with an increase in its productivity.

3. PROJECT OBJECTIVES

Activation of the activities of employers in the Samara region, aimed at the most complete and comprehensive implementation of the labor rights of employees.

Providing organizations and individual entrepreneurs of the Samara region with the implementation of the principles social partnership based on the situation of mutual loyalty of employees and employers.

Reducing administrative barriers in the implementation of state supervision and control over compliance by small and medium-sized businesses with the requirements of labor legislation and other regulatory legal acts containing labor law norms.

4. MEANS OF PROJECT IMPLEMENTATION

Priority direction of the efforts of organizations and individual entrepreneurs to ensure compliance with the requirements of labor and labor protection legislation.

Employers have the right to independently choose an organization to provide information and legal support in the preparation of documentation for participation in the Declaration project and the possible receipt of a "Certificate of Trust in the Employer".

5. PROJECT PARTICIPANTS

Organizations of any organizational and legal forms and forms of ownership, registered on the territory of the Samara region.

Individual entrepreneurs registered in accordance with the established procedure without forming a legal entity, carrying out entrepreneurial activity using hired labor (hereinafter - individual entrepreneurs);

State Labor Inspectorate in the Samara Region;

Chamber of Commerce and Industry of the Samara Region;

Federation of Trade Unions of the Samara Region;

The condition for the participation of organizations and individual entrepreneurs in the implementation of the project is the compliance of the parameters of their activities with certain requirements of labor legislation and other regulatory legal acts containing labor law norms.

To participate in the project, an organization (individual entrepreneur) sends a set of documents in accordance with the "Regulations for declaring the activities of enterprises to implement the labor rights of employees and employers of the Samara Region" (hereinafter referred to as the Regulations) (Appendix No. 1 to this Agreement).

The decision on the admission (denial of admission) of the employer to participate in the project is made in accordance with the Regulations, within 15 days from the date of submission of the application - declaration.

The State Labor Inspectorate in the Samara Region informs the applicant and other project participants of the decision in writing.

The decision is made on the basis of the employer's "presumption of truthfulness". Non-participation in the project does not entail any consequences for the organization (individual entrepreneur).

If the decision is positive, the organization (individual entrepreneur) is included in the register of employers who ensure that the labor rights of employees are observed. The specified register is formed by the State Labor Inspectorate and posted on the official websites of the State Labor Inspectorate in the Samara Region, the Chamber of Commerce and Industry of the Samara Region, the Federation of Trade Unions of the Samara Region.

The employer in an official setting is awarded the document "Certificate of Trust in the Employer". Information about the presentation of the “Certificate of Trust to the Employer” is placed in the mass media.

The preparation of the document is carried out at the expense of the employer participating in the project.

The validity of the Certificate is not limited by time frames (indefinitely, with confirmation every 5 years).

In case of discrepancy between the information declared by the employer on the fulfillment of the requirements of labor legislation and other regulatory legal acts containing labor law norms, or in the presence of objective data on gross violations of labor legislation (debt to employees for wages, accident at work, etc.), the State Inspectorate labor rejects the application for participation in the project, indicating the reasons for the refusal.

If the employer timely eliminates violations of labor legislation that served as the basis for rejecting his participation in the project, he has the right to reapply on this issue with an application to the State Labor Inspectorate.

The list of requirements of labor legislation and other regulatory legal acts containing labor law norms contained in the annex to this Regulation may be revised by the State Labor Inspectorate in connection with changes in federal legislation or a change in the priorities of supervisory and control activities and taking into account the opinions of other participants in the project. This circumstance has no retroactive effect.

The State Labor Inspectorate in the Samara Region, the Department of Labor and Employment of the Samara Region, in relation to organizations (individual entrepreneurs) awarded the "Certificate of Trust in the Employer" guarantee:

— informing and advising employees and employers on compliance with labor laws and other regulatory legal acts containing labor law norms;

- when planning the supervisory and control activities of the State Labor Inspectorate, the Department of Labor and Employment of the Population, the Federation of Trade Unions, take into account the presence of the "Certificate of Trust in the Employer" in the organization.

The “Certificate of Trust in the Employer” can be revoked by the State Labor Inspectorate in connection with gross violations by the employer of the requirements of the legislation on labor and labor protection, which resulted in damage to the health of the employee and violation of his labor rights.

The validity of the Certificate at the request of the employer is renewed in accordance with the established procedure.

The State Labor Inspectorate informs about the revocation of the certificate in writing, indicating the reasons for the revocation:

Employer (individual entrepreneur);

Chamber of Commerce and Industry of the Samara Region;

Federation of Trade Unions of the Samara Region;

The State Labor Inspectorate, the Federation of Trade Unions, the Chamber of Commerce and Industry of the Samara Region are analyzing the causes of violations of labor legislation and other regulatory legal acts containing labor law norms, followed by informing employers (individual entrepreneurs) through the media, the websites of the State Labor Inspectorate, the Chamber of Commerce and Industry Samara region, the Federation of Trade Unions of the Samara region on the state of compliance with labor legislation in the organizations of the region.

APPENDIX No. 1
to the Regulations on the participation of organizations and
individual entrepreneurs
Samara region in the project

"Declaring the activities of the enterprise for the implementation of the labor rights of employees and employers"

To the State Labor Inspectorate in the Samara Region

To the Chamber of Commerce and Industry of the Samara Region

To the Federation of Trade Unions of the Samara Region

Declaration statement

on participation in the project "Declaring the activities of the enterprise for the implementation of the labor rights of employees and employers"

1._________________________________________________________________

name of the employer (enterprise) in accordance with the Unified State Register of Legal Entities (EGRLE) (surname, name, patronymic of an individual entrepreneur)

2._________________________________________________________________

address of the employer in accordance with the Unified State Register of Legal Entities (EGRIP)

3. number of employees - __________ people

4. I hereby declare that I comply with the requirements of the legislation of the Russian Federation on labor and labor protection:

No. pp		declaration (yes/no)
	Registration employment contracts in writing
	On all workers keeping work books
	Conclusion collective agreement. Dates of acceptance and notification registration with the labor authority, validity period. Agreement on labor protection
	Availability of approved internal labor regulations
	Providing an employee with a weekly uninterrupted rest of at least 42 hours
	The schedule of annual paid vacations of employees for the current year was approved
	Tariff rates(salaries) of employees not lower than the minimum wage established by federal law
	Work on weekends and non-working holidays and work at night is paid at an increased rate
	Salary is paid in full on time (no debts)
	Employees who combine work with education in educational institutions are provided with all guarantees and compensations provided for by law
	Social insurance is provided for all employees in the manner prescribed by federal laws
	The presence of its own labor protection service (the position of a labor protection specialist, for organizations with less than 50 employees it is possible to conclude an agreement with a specialized organization for labor protection services)
	Providing employees with training and briefing on labor protection, internships
	Managers and specialists have undergone mandatory training in labor protection
	Implementation of mandatory pre-employment and periodic medical examinations workers engaged in hard work and work with harmful and (or) dangerous working conditions, at the expense of the employer
	Provision of employees with certified means of individual and collective protection at the expense of the employer under conditions not lower than those established by the rules and regulations. Carrying out work on the introduction of new means of protection
	Carried out or carrying out work on certification of workplaces for working conditions
	Availability of the conclusion of the state examination of working conditions on the quality of the certification of workplaces in terms of working conditions for the enterprise as a whole or its individual divisions.
	Carrying out certification of the organization of work on labor protection in the organization or preparatory work for its implementation.
	Implementation of financing measures for labor protection on conditions and in amounts not lower than those established by federal legislation (for it appears the amount of funding allocated for these purposes last year and the planned amount for the current year)
	No accidents at work during the year.
	Compliance with the regime of work and rest of employees.
	Ensuring that employees are informed about the conditions and labor protection in the workplace, about the risk of damage to health and the compensation and personal protective equipment they are entitled to
	Lack of civil legal contracts, actually regulating labor Relations between employees
	Ensuring the creation and functioning of the labor protection management system

Head of a legal entity (individual entrepreneur)

surname acting, signature, date

Application No. 2

to the Regulations on the participation of organizations

and individual entrepreneurs

Samara region in the project

"Declaration of activities

enterprises for the implementation of labor rights of employees and employers”

Regulations for declaring the activities of enterprises for the implementation of labor rights of employees and employers of the Samara region

1. To participate in the project, the employer, individual entrepreneur submits to the Chamber of Commerce and Industry of the Samara Region an application - a declaration in the prescribed form.

2. The Chamber of Commerce and Industry of the Samara Region registers an application-declaration of participation in the project “Declaring the activities of enterprises to implement the labor rights of workers and employers”, sends copies to the State Labor Inspectorate in the Samara Region, the Federation of Trade Unions of the Samara Region.

3. The parties to the project implementation within 15 days from the date of receipt consider this application - declaration in the exercise of their powers for compliance of the declared facts with the requirements of labor legislation.

4. The project participants have the right to consider the application directly from the employer, individual entrepreneur.

5. Each of the parties to the project implementation issues a written opinion on the admission of the applicant to participate in the project.

6. The decision is made on the basis of the "presumption of veracity" of the employer, taking into account the information available in the databases of the project organizers.

7. The decision on admission (denial of admission) is entered into the minutes of the meeting of the project organizers.

8. The Chamber of Commerce and Industry of the Samara Region informs the applicant in writing of the decision taken.

9. If the decision is positive, the employer, individual entrepreneur is included in the register of employers who ensure that the labor rights of employees are observed.

10. The register is formed by the Chamber of Commerce and Industry of the Samara Region and posted on the official websites of the State Labor Inspectorate in the Samara Region, the Chamber of Commerce and Industry of the Samara Region and the Federation of Trade Unions of the Samara Region.

11. The employer is formally awarded a "Certificate of Trust in the Employer", about which information is posted in the media and on the websites of the Chamber of Commerce and Industry of the Samara Region, the State Labor Inspectorate of the Samara Region, the Federation of Trade Unions of the Samara Region.

12. The production of the certificate is carried out by the Chamber of Commerce and Industry of the Samara Region at the expense of the employer - a participant in the project.

13. "Certificate of confidence in the employer" is issued for an indefinite period, with confirmation every 5 years in the manner prescribed by these Regulations.

14. If the information declared by the employer does not comply with the requirements of labor legislation, or if there is objective evidence of violations of labor legislation (debt to employees for wages, an accident at work, etc.), the project implementation parties reject the application - declaration of participation in the project indicating reasons for refusal, about which the Chamber of Commerce and Industry of the Samara Region notifies the applicant in writing.

15. If the applicant timely eliminates violations of labor legislation that served as the basis for rejecting his participation in the project, he has the right to re-apply on this issue with a statement - a declaration to the Chamber of Commerce and Industry of the Samara Region.

16. In case of violation by the employer of the requirements of labor legislation, resulting in damage to the labor rights of employees, after an audit carried out by the organizers of the project, the prosecutor's office, according to the decisions of the judiciary, appeals from citizens, trade unions, state funds (pension, medical, social insurance) The State Labor Inspectorate in the Samara Region may cancel or suspend the "Certificate of Trust in the Employer", about which the employer and project organizers are informed in writing, indicating the reasons for the withdrawal. In this case, the "Certificate of Trust in the Employer" at the request of the employer can be renewed no earlier than 3 months from the date of its cancellation or suspension.

17. The list of requirements of the labor legislation contained in the application - declaration may be reviewed by the organizers of the project in connection with a change in labor legislation or a change in the priorities of supervisory activities, in connection with which changes are made to the Regulations in the prescribed manner and the project participants are informed in writing. This circumstance has no retroactive effect.

Position
on the participation of organizations and individual entrepreneurs of the Chuvash Republic in the project "Declaring the activities of an enterprise for the implementation of the labor rights of employees and employers"

1. Introduction

The State Labor Inspectorate in the Chuvash Republic, with the participation of the Union "Chamber of Commerce and Industry of the Chuvash Republic" and the Union "Chuvash Republican Association of Trade Union Organizations" Chuvashressovprof ", is implementing the project "Declaring the activities of an enterprise to implement the labor rights of workers and employers."

2. Project goals

Increasing the attractiveness of organizations and individual entrepreneurs of the Chuvash Republic in the labor market.

More successful promotion of goods and services using the competitive advantage of manufacturers as holders of the "Certificate of Trust in the Employer" (hereinafter referred to as the Certificate), which has declared its work to fulfill the main provisions of the labor legislation of the Russian Federation.

Achievement of a new qualitative level of protection of the health of workers, ensuring safe working conditions, with an increase in its productivity.

3. Project objectives

Activation of the activities of employers of the Chuvash Republic, aimed at the most complete and comprehensive implementation of the labor rights of employees.

Providing organizations and individual entrepreneurs of the Chuvash Republic with the implementation of the principles of social partnership based on the situation of mutual loyalty of employees and employers.

Increasing the resource of organizations (entrepreneurs) by reducing the burden on the part of the supervisory authority.

4. Means of project implementation

Priority direction of the efforts of organizations and individual entrepreneurs to ensure compliance with the requirements of labor and labor protection legislation.

Information, legal and organizational support for employers from the State Labor Inspectorate in the Chuvash Republic, and the Chamber of Commerce and Industry of the Chuvash Republic.

5. Project participants

Organizations of any organizational and legal forms and forms of ownership registered in the territory of the Chuvash Republic.

Individual entrepreneurs registered in accordance with the established procedure without forming a legal entity, carrying out entrepreneurial activities using hired labor (hereinafter referred to as individual entrepreneurs, entrepreneurs);

State Labor Inspectorate in the Chuvash Republic;

Union "Chamber of Commerce and Industry of the Chuvash Republic";

Union "Chuvash Republican Association of Trade Union Organizations "Chuvashressovprof"

To participate in the project, an organization (individual entrepreneur) sends an application-declaration in the prescribed form (attached) to the State Labor Inspectorate in the Chuvash Republic.

The State Labor Inspectorate, within ten days from the date of receipt, considers this application-declaration for compliance of the declared facts with the requirements of labor legislation and makes a decision on the admission (denial of admission) of the employer to participate in the project.

The decision is made on the basis of the employer's "presumption of truthfulness". Non-participation in the project does not entail any consequences for the organization (individual entrepreneurs).

The applicant shall be informed of the decision in writing.

The employer in an official setting is awarded the document "Certificate of Trust in the Employer" (hereinafter referred to as the Certificate), about which information is placed in the publication of the Chamber of Commerce and Industry of the Chuvash Republic, magazines in other media.

The production of the document is carried out by the Chamber of Commerce and Industry of the Chuvash Republic at the expense of the employer - a participant in the project.

The State Labor Inspectorate in the Chuvash Republic in relation to organizations (individual entrepreneurs) awarded the Certificate guarantees:

Providing free of charge all forms of information and provision of consulting services on compliance with labor legislation and other regulatory legal acts containing labor law norms;

If you are a user of the online version of the GARANT system, you can open this document right now or request hotline in system.

Organizations in Novgorod that guarantee the observance of the labor rights of employees will be awarded "Certificates of Trust in the Employer". The decision to issue such a document will be made by a commission consisting of representatives of the State Labor Inspectorate in the Novgorod Region, the Novgorod Chamber of Commerce and Industry, the Regional Association of Employers "Union of Industrialists and Entrepreneurs of the Novgorod Region", and the Association of Trade Union Organizations "Novgorod Regional Federation of Trade Unions". Certificates are planned to be issued within the framework of the project "Declaring the activities of the enterprise for the implementation of the labor rights of employees and employers."

The term of validity of the Certificate, according to preliminary data, will be 5 years. During this time, the holder of the Certificate is guaranteed to be informed and provided with consulting services on labor law issues, restriction in conducting inspections of compliance with labor law requirements. The regulation provides for situations when the Certificate may be revoked.

The implementation of such a project will increase the authority and attractiveness of organizations and individual entrepreneurs of the Novgorod region in the labor market, promote more successful promotion of goods and services using the competitive advantage of manufacturers who have declared their work to comply with the main provisions of the labor legislation of the Russian Federation. Also, the project will contribute to the achievement of a new qualitative level of protection of the labor rights of workers in the Novgorod region, expressed by the responsible observance of labor laws by employers.

Organizations of any organizational and legal forms and forms of ownership, registered in the Novgorod region and operating for at least three years, and individual entrepreneurs can become participants in the project. They will need to send an application-declaration in the prescribed form to the State Labor Inspectorate in the Novgorod region.

It should be noted that in order to develop the economy and the labor market, improve the living standards of the population, achieve positive results in the field of labor protection, social guarantees, a tripartite agreement is in force in the Novgorod region. It was concluded between the regional Federation of Trade Unions, the Regional Association of Employers "Union of Industrialists and Entrepreneurs of the Novgorod Region" and the Administration of the region.

Source: Press Center of the Administration of the Novgorod Region, 2012

POSITION on the participation of organizations and individual entrepreneurs of the Novgorod region in the project "Declaring the activities of the enterprise for the implementation of the labor rights of employees and employers"