The employer has many responsibilities, and therefore problems. One of the most important is the inspection of regulatory authorities. They distract from the implementation of basic tasks, knock them off the beat. Let's see what the labor inspectorate checks during a routine check so that people can prepare and not worry in vain. There are many documents regulating relations between the administration and the employee. But if you understand the logic of the process, then you will not get confused.
What does the labor inspectorate check during a routine inspection?
It is proposed to understand based on the competence of this state body. It was created with the aim of identifying and suppressing violations of the law in the field of labor relations. Labor inspection rights are extensive. Specialists should provide all the documentation available at the enterprise regarding the relationship between the employee and the administration.
Inspection begins with consideration of employment contracts, assessment of their compliance with the law. It is recommended that you check these documents first. If there are flaws in them, urgent corrections should be made, additional agreements should be concluded with people.
There is a definite advantage in the construction of the work under consideration. The labor inspection does not hide the inspection plan. She is obliged to acquaint him with those organizations that are in the field of her attention in the current period. As a rule, the company receives a letter with information about the upcoming event. Workers have time to prepare.
Inexperienced specialists are trying to find out what the labor inspectorate checks during a scheduled inspection. We will help them, based on our experience and legislation.
How is the inspection of labor inspection organized?
A scheduled check can take place in two ways. The instructions of the labor inspectorate establish that control takes place both on site and in documentary form. In the first case, the inspector goes to the enterprise and understands the papers there. In the second - everything you need should be provided to the government agency.
Of course, personnel officers are more fond of, so to speak, documentary checks. Less trouble with “curious” inspectors. However, it should be prepared in any case. The audit affects not only the personnel department of the enterprise. Its specialists are required to assess compliance with legislation in the field of accrual and payment of funds to employees. Consequently, accounting departments will also have to take part in inspection activities, provide documents, personal accounts, defend their point of view, explain if errors are discovered, and so on.
Who falls under routine inspection
Legislation is written to protect enterprises from unreasonable interference by regulatory authorities. It expressly prohibits labor inspectorates from working with certain organizations. To get into the inspection plan, it is necessary that at least three years have passed since:
- last control event;
- state registration;
- start of actual activity.
That is, the administration has enough time to establish work in strict accordance with the law, to eliminate existing errors, to understand the intricacies and nuances.
In addition, scheduled inspections are different: complex and thematic. During the latter, only part of the observance of labor legislation is monitored. Typically, the company receives a message that checks the labor inspectorate during a planned inspection in a particular case. That is, the theme of the event is stated in order to avoid unnecessary fuss.
The initial stage of organizing inspections
We will reveal the operating procedure within the inspection relating to enterprises. At the end of the year, a plan is drawn up for the next period. So do all organizations. The labor inspectorate should establish a schedule of inspections before the start of next year. It includes enterprises to which experts, topics and dates of events will be sent. This document is subject to legal review for compliance with applicable law. Once approved, changes are rarely made. Good reasons are needed for this. It should be noted that the labor inspectorate of the Russian Federation is a state-owned enterprise. There is not allowed to "amateur activity", everything should be clearly in the regulatory field. Before the audit itself, the manager issues an order. This paper reflects:
- name and details of the enterprise;
- the official who is entrusted with the performance of the work;
- timing and topic of control measures.
Let's move on to consider the documents that need to be prepared.
Normative acts
First of all, the inspector will check whether the labor contracts with employees are drawn up correctly. They should be reviewed in advance for compliance with the law. If the texts find flaws or gaps, it is recommended to draw up additional agreements.
Then the inspector will proceed to study the orders of personnel. See if all signatures on familiarization with them have been supplied by employees. Their absence is a typical mistake.
When applying for a job, a person must provide a whole package of documents. They are determined by the relevant regulatory legal acts. If your company has requirements for qualifications, the formation of workers, check that all papers are in personal files.
Do not forget to open the order book . Corrections are not allowed in it.
Also, the inspector, if necessary, studies the correctness of filling out work books and a journal of their registration.
The correctness and timeliness of the provision of rest time
Holidays take pride of place in the list of reviewers' comments. Oddly enough, complaints to the labor inspectorate on this matter by employees are rarely filed. People often do not know their rights. And the regulatory authorities are aware of them and will look in this direction. Check that you do not have people who have not had a rest for more than two years in a row. This is strictly prohibited by law.
A common mistake of inexperienced personnel officers is the lack of a vacation schedule. It seems that this is an extra piece of paper. But the law established that such a schedule should be at the enterprise. Consequently, the inspector will require it. It is necessary to draw up a schedule and ensure that it does not diverge in dates with vacation orders. In case of violation, the text of the document is amended. Nothing complicated. Reapply the schedule with the changes (sign a new copy with the boss).
Salary
A typical (most common) appeal to the labor inspectorate is related to violations of the issuance of earnings. The inspector must check whether the company is in compliance with the legislation in this area. To do this, he will require a regulation on wages. It should be written and approved, if still not done. Accounting data, namely the date of issue of earnings, must strictly comply with the provisions of the above document. Payment is made twice a month. This must be reflected in the document and strictly observed.
In addition, the inspector will require a bonus provision. This document must also exist and comply with the law. The size of the prize is appointed by the head, therefore, the inspector will look at orders on this topic. Payments in excess of salary that are not documented are not allowed. At the same time, deprivation of the premium also needs to be justified.
Occupational Safety and Health
This is one of the most difficult topics to check. The company must be approved by the regulation on labor protection. A special order appoints the specialist responsible for this area of work. He keeps a magazine, instructs and the like. The inspector will check all his documentation. And also look at the job description. The document should reflect duties on labor protection.
In addition, you will have to provide internal rules. They should be drawn up in accordance with the law, approved by the head. The text should determine the time of rest, working conditions and so on.
Special Issues
We described the main areas of inspections and the required documents. Their inspector always asks. It does not matter whether he conducts a comprehensive check or thematic. Payment, the correctness of the drafting of employment contracts, orders, the provision of leave, he will definitely see.
But there are other documents that are checked less frequently. These include certification documentation. If your organization holds such an event, then it should be properly formatted.
Certificates of medical examination are also sometimes checked.
You need to see if there are any expired documents in your personal files. A common mistake of a novice personnel officer is the lack of systematization of documents. This work must be done constantly, so as not to get confused and not to tremble, waiting for the inspector.
How does the check go
The inspector will come or invite you to his place and request a list of documents. But to begin with, he will show the order of his boss, where his powers, topic and duration of the event are indicated. It should be guided by. If a person is assigned to work for three days, he will not leave you earlier. During this period, the inspector will examine the documents, draw up certificates and so on.
Conducting a scheduled audit is a common activity. The inspector needs to find flaws in your work. But in the final act, as a rule, he does not indicate everything. Some flaws can be corrected during the check. The inspector will offer to do this, and you should not refuse, so as not to receive punishment.
It should be noted that the most “bad” check is that carried out on the initiative of the employee. This happens when a complaint to the labor inspectorate has been forwarded by the person associated with your organization contract. In this case, do not expect concessions from the inspector. His duty is to protect the worker.
Final document
When the inspector completes his work, he will provide an inspection certificate. This document is compiled in duplicate. One goes to the inspection, the second remains at the enterprise. If additions are needed, then they must also be attached to each act. This paper reflects the essence of the work done, comments and suggestions. Identified violations are reflected in the order to eliminate them.
The management of the audited entity has the opportunity to object. Your reasoned comments must be sent to the inspection within fifteen days. But the order to eliminate the violation will still have to be executed and filed a report with the controlling organization. And it’s better to agree during the audit. Then the inspector will indicate that there were violations, but they were corrected even before the writing of the final document.