Labor inspection - guest uninvited, serious and unwanted. The heads of firms and enterprises of representatives of the federal labor inspection, as a rule, do not like and are afraid. From the point of view of management, the labor inspectorate will almost always find an opportunity to find fault with any, even the most insignificant errors in the field of documentation or will reveal existing violations of the rights of workers. And they, in principle, today exist in almost any enterprise. In order for the labor inspection to be carried out as painlessly as possible, the company management needs not only to carefully observe the legislation, but also to know the basic legal acts that underlie the activities of this body.
The management of the organization should remember that the labor inspectorate has the right to conduct scheduled inspections only once every two years. If we are talking about a small enterprise, then its leaders can expect a scheduled audit only three years after registration.
Examiners usually warn about their visit a few days before the start of the procedure, however, in some cases, a labor inspection may appear without warning. This is especially often the case when checking complaints received from an employee of the enterprise. Such inspection of the labor inspection is considered unplanned. This body is obliged to respond to a complaint within a month. The complaint itself is made in writing, indicating the name, patronymic, last name and home address of the employee who has a complaint to the company. These data are confidential, they can be disclosed only with the written consent of the employee who filed the complaint.
Another type of unscheduled inspection is on the instructions of the prosecutor's office. It should be expected if the company has gross violations of the Labor Law.
The so-called control checks are also unplanned. They are carried out in order to control the elimination of violations identified during the audit.
The labor inspectorate may come suddenly and in those cases when it has good information supported by material evidence on the existence of adverse conditions at the enterprise that threaten the health or life of workers, as well as the risk of harm to the environment.
A separate category should include the inspection by the labor inspectorate of accidents that have occurred at the enterprise.
The representative of this body is required to have an order to conduct this kind of procedure and a certificate. If the management of the audited company has any doubts about the legality and legitimacy of the actions of the representative of the labor inspectorate, it is best to contact the labor inspectorate directly and clarify all the nuances of the procedure.
Its maximum term is no more than one month. This period may be extended only in exceptional cases.
What does the labor inspectorate check? In the first place is the establishment of the correctness of registration of the constituent documents of the company. Further, the auditors will take an interest in the state of collective and labor contracts, the accounting and storage rules for labor books will be checked, and the records in them will correspond to the records in the orders. Also, all personnel records and documents governing the norms of rest and labor of employees of the enterprise will be checked. The issue of salary payment will not remain without audit attention. The described verification plan is considered standard; in the presence of special circumstances, amendments and additions may be made to it.
At the end, the labor inspectorate draws up an act in which all the results of the work performed are indicated. In case of violations, an order is prepared to eliminate them and a protocol on an administrative offense is drawn up , according to which a fine may be imposed on the management of the enterprise. The amount depends on the number and severity of the identified violations.
To avoid troubles and huge fines, the company management should carefully monitor the implementation of all labor laws and properly keep records and documentation of personnel documents.