checked specialists Rostrud
Administrative Regulation approved by Order of the Health Ministry of Russia dated November 7, 2011 № 1325n (entered into force on 27 March 2012).
Note that the new regulation does not go beyond the Federal Law of December 26, 2008 № 294-FZ "On protection of rights of legal entities ...".Rather, it complements it and explains in detail the procedure for actions of participants of the verification procedure.
guided by the new regulations will be required when checking how:
- implemented the right of employees to provide for compulsory social insurance against industrial accidents and occupational diseases;
- appointed temporary disability benefits at the expense of the organization.
What kinds of checks are
inspections are scheduled and unscheduled.
Scheduled inspections
This kind of inspections will be carried out in accordance with the annual plan.It is made on the basis of:
- accidents in the region, including fatalities;
- about the types of accidents and their causes;
- on the state of occupational injuries in the subject of the Russian Federation (statistics);
- employers on compliance with the order of the accident investigation.
As a result of these data formed the annual audit plan.
Moreover, in accordance with Paragraph 8 of Article 9 of the Law № 294-FZ, there are several grounds for the audit.
- State registration of the employer.
- End of the last scheduled inspection of the employer.
- Start of activity of the undertaking in accordance with the notification submitted to state agencies.
on planned activities of the employer to inform, not later than within three working days prior to the test by sending a notice by mail or other means.At the same time she checks can be conducted at the location of the Labor Agency, and be outgoing.
If necessary, the company can be directed to submit a request:
- extract from the statutory and organizational and administrative documents;
- securities, the certificate of registration of the employer to the tax office;
- documents confirming the registration of the employer as an insurer in the FSS;
- information on the results of previously conducted verification activities;
- acts on the investigation of accidents;
- data on workers laid off during the three years preceding the inspection, due to their death or due to disability;
- information that the organization conducted training on safe methods and techniques.
inspectors do not have the right to require the employer of information not related to the subject of the documentary checks, and notarized copies of documents, unless otherwise provided for by the legislation of the Russian Federation.
Unscheduled events
In accordance with Article 360 of the Labour Code grounds for an unscheduled inspection of the employer are:
- expiry of an employer Rostrud issued orders to eliminate violations;
- intake Rostrud appeals and statements of employees of the employer breaches the mandatory requirements;
- request the employee to perform the verification of working conditions at his workplace;
- existence of orders or order of the head Rostrud.
About the beginning of unplanned events employer must notify at least 24 hours before the test in any way possible.
unscheduled inspection can also be carried out in documentary form or on-site.When conducting inspections inspectors have the right to:
- request and receive from employers and the government needed to verify documents, explanations and information;
- at any time to carry out control measures;
- employers make orders to eliminate the revealed violations, bring the perpetrators to justice;
- to issue reports and to consider within its authority administrative proceedings and direct the relevant documents to the court;
- give an expert opinion in the courts of claims of violations of employers.
Dates check
investigation can not last more than 20 working days.The exceptions are small businesses, which set a limit of 50 hours, as well as micro-enterprises, a term test may not exceed 15 hours per year.
In some cases, the duration of the planned on-site inspection may be extended by 20 working days, and not more than 5 hours - in the case of small and micro enterprises.
What is not allowed checking
During the event Rostrud workers should take into account the requirements of the Federal Law of December 26, 2008 № 294-FZ "On protection of rights of legal entities ...".
In particular, those provisions, which is a list of what is prohibited controllers.So, they can not:
- conduct scheduled and unscheduled events in the absence of the employer or his authorized person;
- to check compliance with the requirements of non-Rostrud powers;
- seize documents and to require the provision of information not relevant to the object of inspection;
- exceed a timely audits;
- carry out actions by employers;
- without proper protocols selected to test samples of the products, take samples and measurements;
- distribute the resulting commercial, official or state secrets.
What rights do employers
Checking manufacturing plant should be carried out in compliance with all his rights, which are enshrined by law.
In accordance with the regulations the employer has the right to:
- be present during the inspection;
- obtain necessary information and explanations from officials of the Labor Agency;
- acquainted with the results of inspection and, if necessary, in the act of celebrating their disagreement;
- appeal the decision to the administrative and judicial procedure.
During the checking measures the employer must:
- provide the necessary information and documents;
- provide access for inspection of the on-site inspection;
- organize the presence of company executives, as well as responsible for carrying out checks of persons;
- fill a register of inspections.
The inspection report may be appealed
After the check is drawn.
It reflects the violations.It is also attached to this document:
- reports or conclusions of studies and assessments;
- explanations from officials of the employer;
- orders to eliminate violations and other related to the results of the verification documents or copies thereof.
Note that the employer has the right to specify in the act of checking their disagreement with him, as well as the individual actions of authorized officers to carry out checks.
is also worth noting that employers have the right to appeal taken during the inspection decisions in the pretrial order.
To do this, refer to the head of the territorial body of the Labor Agency in the manner prescribed in Article 361 of the Labor Code.That is to file a complaint.It must be made in writing and shall contain:
- name of the state body to which the complaint is directed;
- job title, name and patronymic of the authorized official of the Labor Agency, whose actions are appealed;
- name, name of a natural person or legal entity filing the complaint;
- postal address for sending a reply;
- applicant's signature and the date of the complaint;
- essence of the acts complained of.
When considering the appeal filed by the applicant has the right to submit supporting documents, and request the necessary information in the Labor Agency.
Decorator complaints can also get acquainted with the documents and materials relating to the complaint, if it does not affect the rights, freedoms and legitimate interests of others.
Rostrud complaint is considered within 30 days from the date of its registration.
After that the acts complained of may be deemed unlawful or a decision to dismiss the claim.What the applicant is sent a written reply.
