Russian labor legislation provides for the protection of workers from unpleasant, but at the same time regularly occurring actions of the employer - salary delays, unjustified fines, problems with going on vacation, etc. There are statistics that speak of hundreds of thousands of such violations in Russia (and this only officially registered cases; there is an opinion that their actual number is much larger). The state labor inspectorate is called upon to monitor the correct implementation of the laws by employers in the person of various territorial divisions.
What is this organ?
Article 35 of the Labor Code of Russia contains a norm according to which the supervision of how employers comply with the norms of laws governing labor relations should be carried out by an authorized authority - the Federal Labor Inspectorate. Among the people, she (and her territorial units) are simply called the "labor inspectorate". This authority is part of a larger structure - the Federal Service for Labor and Employment, which, in turn, is subordinate to the Ministry of Health and Social Development.
Labor inspectorates, in addition to supervision, consider cases related to administrative offenses related to labor issues, advise citizens and employers, and clarify the rules of law governing labor relations. Labor inspections can accept documents by mail or receive citizens in person. Some territorial structures have a hotline (for example, the labor inspectorate of Moscow) and solve a number of issues by telephone.
What does the Moscow labor inspection do?
The Federal Labor Inspectorate ensures that Russian laws governing relations between employers and employees are strictly observed. The activities of the state labor inspection are centralized - there are territorial bodies, but they are directly subordinate to the federal structure.
That is, the labor inspectorate of Moscow performs its functions, similar to similar structures in other cities on the territory of the capital of Russia. Employees of the capital’s firms turn to this body regarding violation of their rights. The labor inspection of the Moscow region works similarly.
How to find the Moscow Labor Inspectorate
The Moscow Labor Inspectorate is located on Domodedovo Street, at number 24 (building 3). Finding an organization is easy. The address of the labor inspectorate is laid out in almost all cartographic Internet services, as well as in the software of mobile navigators. This organization is ready to communicate with citizens also online. There is a website of the labor inspection of the capital (git77.rostrud.ru). The organization conducts a personal reception of citizens and legal entities (but at a different address - on Varshavskoye Shosse, building 108, building 1). The Moscow Labor Inspectorate has a specialized center, the main activity of which is related to public services. You can find him on the street Marxist, house 24. One of the channels of interaction, which offers the citizens of the Moscow Labor Inspectorate - a hot line, as we said above.
What can labor inspection do?
Federal laws of the Russian Federation require labor inspectorates to work within the framework of certain procedures. Among the main ones are inspections, issuance of various instructions related to violations, drawing up protocols, and work to attract employers to some form of responsibility.
Will come with a check
One of the key methods for labor inspections to carry out their activities is verification. Like many other state authorities, the inspection should have the basis for this procedure.
Any legal entities in any regions may be subject to checks, including those registered in the capital of Russia (the labor inspectorate of Moscow is responsible for working with them), as well as individual entrepreneurs (unless the entrepreneur works only for himself, without hiring anyone).
Regulatory framework for inspections
The federal legislation of the Russian Federation contains sources on which employees of labor inspectorates rely in their work. The main one is the Labor Code of Russia. Other significant ones are the Convention of the International Labor Organization (adopted in 1947), the Federal Law “On the Protection of the Rights of Legal Entities and Individual Entrepreneurs” (adopted in 2008), the provisions of the Government governing the activities of the Federal Service for Labor and Employment, orders of the Ministry of Economic Development of the Russian Federation, various methodological recommendations from Rostrud and other authorities related to labor issues.
Types of Checks
The main types of inspections conducted by Russian labor inspectorates are two - scheduled and unscheduled. The first type is carried out every three years according to a pre-compiled plan. On the websites of labor inspectorates, as a rule, he is posted in advance, the heads of organizations can familiarize themselves with him.
The second type of inspection can be carried out at any time, but the labor inspectorate must have good legal grounds. Among the most common lawyers are the following.
- The time period within which it is necessary to execute the order on violations of labor legislation previously issued by the inspection may expire. That is, employees of the labor inspectorate come to check whether the violations have been eliminated.
- The labor inspectorate may pay a visit if someone complains about the employer - employees or other organizations, including government agencies, trade unions. Some lawyers call this reason to check one of the most common.
How is the check?
Inspectors, when they pay a visit with an inspection, present the documents: their certificates confirming the fact of work in the labor inspection, as well as an order (or order) reflecting the decision taken on the inspection. The second document must indicate the details of the labor inspectorate, full name of the inspectors, information about the legal entity to which the inspectors arrived, as well as the goals, objectives of the inspection, its subject, and timing. Some lawyers believe that if goals and objectives are not in the document, then it can be considered invalid.
The inspection order must be shown to the head of the employer. If the inspectors do not have this document with them, then the organization has the right to prevent them from carrying out an inspection in their office. Upon detection of violations of labor law, a labor inspection order is issued. Compliance with the requirements contained therein is mandatory.
Attitude to labor inspections by citizens
In the expert community, there is an opinion that Russian citizens do not believe in the effectiveness of the work of labor inspectorates and therefore they go there quite rarely. In addition, employers themselves sometimes feel impunity for the law. Also, as analysts note, even if the labor inspectorate imposes a certain fine or applies a different form of influence on the employer, the employee can still be fired, citing any formal reasons.
At the same time, experts admit, the role of labor inspectorates can be great in cases when it comes to massive violations of workers' rights. Then you need to contact such authorities, and this can give a tangible positive effect.
How to contact the labor inspection?
Any standardized forms by which the appeals of citizens or organizations to the labor inspectorate should be compiled are not provided by law. The complaint can be made in any written form and sent by mail. Within 30 days, the appeal must be considered. This document should reflect a number of information.
- the name of the authority to which the document is sent (or the name of the official to whom the appeal is addressed);
- Name of the person who made the appeal, his address;
- the essence of the appeal with a description of key facts that give rise to talk about a violation of labor rights, the address of the employer company, phone number, and personal data of the management.
An interesting fact is that citizens and legal entities do not need to refer to any laws that the employer company may violate.
Personal visit
An alternative to contacting the labor inspectorate by mail is a personal visit to this body. You need to come during business hours and have a passport with you. You can communicate with inspectors both orally and by familiarizing them with certain documents. All facts are recorded in the personal card of the citizen who applied.
Depending on the nature of the appeal, an answer can be given immediately or later in writing. The legislation requires inspections to work with applicants in strict confidence. According to some lawyers, the labor inspectorate by law should not let the employer know that the inspection was initiated by one of the employees.