Rostrud will carry out a check in accordance with the New Regulations

What will Rostrud experts check?

The Administrative Regulations were approved by Order No. 1325n of the Ministry of Health and Social Development of Russia of November 7, 2011 (entered into force on March 27, 2012).

Note that the new regulations do not go beyond the scope of Federal Law No. 294-FZ of December 26, 2008 "On the Protection of the Rights of Legal Entities ...". Rather, it complements it and explains in detail the procedures for the participants in the verification procedure.

To be guided by the new regulations will be necessary when verifying how:

• The rights of employees to receive collateral for compulsory social insurance against accidents at work and occupational diseases are realized;
• Temporary disability benefits are paid at the expense of the organization's funds.

What types of inspections are

Checks can be planned and unplanned.

Scheduled checks
Such kind of inspections will be conducted in accordance with the annual plan. It is compiled on the basis of data:

• On accidents in the region, including fatalities;
• About types of incidents and their causes;
• On the state of occupational traumatism in the subject of the Russian Federation (statistical data);
• The employers' compliance with the procedure for investigating accidents.

Based on the results of these data, an annual audit plan is formed.

Moreover, according to Part 8 of Article 9 of Law No. 294-FZ, there are several grounds for conducting the audit.

1. The state registration of the employer.
2. End of the last scheduled check of the employer.
3. The beginning of the activity of the entrepreneur in accordance with the notification submitted to the state bodies.

The planned event of the employer shall be notified at least three working days prior to the commencement of the audit, by sending a notification by post or by other available means. At the same time, the check itself can be carried out both at the location of the Rostrud and on site.

If necessary, an enterprise can be sent a request for submission:

• Extracts from statutory and organizational and administrative documents ;
• Papers that testify to the registration of the employer in the tax inspection;
• Documents confirming the registration of the employer as an insured in the FSS;
• Information on the results of previous verification activities;
• Acts on the investigation of accidents;
• Data on employees who were laid off during the three years preceding the verification, due to their death or as a result of disability;
• Information that the organization conducted staff training in safe methods and work methods.

Inspectors do not have the right to demand information from the employer that is not related to the subject of documentary verification, and notarization of copies of documents, unless otherwise provided by Russian law.

Unplanned activities
In accordance with Article 360 of the Labor Code of the Russian Federation, the grounds for an unscheduled inspection of the employer are:

• Expiration of the term of the employer's execution of the order issued by Rostrud to eliminate the detected violation;
• Receipt in Rostrud complaints and applications of employees on violation of mandatory requirements by the employer;
• An employee's request for a check of working conditions at his workplace;
• Presence of an order or an order of the head of Rostrud.

The beginning of unscheduled activities of the employer must be notified at least 24 hours before the start of the audit in any accessible way.

An unscheduled audit can also be carried out in documentary or exit form. During inspections inspectors are entitled to:

• Request and receive from employers and authorities the documents, explanations and information necessary for verification;
• At any time of the day to carry out control measures;
• To issue instructions to employers to eliminate identified violations, to bring the perpetrators to justice;
• Draw up protocols and review administrative cases within their powers and send relevant documents to the court;
• Give expert judgment in the courts on claims of violations of employers.

Terms of inspection

The check can not last more than 20 business days. The exception is small business entities, for whom a limit of 50 hours is established, as well as microenterprises, the verification period of which can not exceed 15 hours per year.

In some cases, the duration of a scheduled on-site inspection can be increased by 20 working days and not more than 5 hours - for small enterprises and microenterprises.

What is not allowed by inspectors

During the event, Rostrud employees must take into account the requirements of Federal Law No. 294-FZ of December 26, 2008 "On the protection of the rights of legal entities ...".

In particular, those provisions, which provide a list of what is forbidden to controllers. So, they can not:

• Conduct planned and unscheduled activities in the absence of the employer or his authorized person;
• Verify compliance with requirements that are not related to the authority of Rostrud;
• Withdraw documents and require the provision of information not related to the object of verification;
• To exceed the established time limits for inspections;
• Carry out activities at the expense of employers;
• Without appropriate protocols, to take samples of products for testing, take samples and perform measurements;
• To disseminate the obtained commercial, official, state secret.

What rights do employers have?

Verification of a manufacturing enterprise must be carried out in compliance with all of its rights, which are fixed by law.

In accordance with the regulations, the employer has the right:

• Be present during the inspection;
• Receive necessary information and explanations from Rostrud officials;
• To get acquainted with the results of the audit and, if necessary, to note their disagreement in the act;
• Appeal the decision in administrative and judicial order.

During the verification activities the employer is obliged:

• Provide the necessary information and documents;
• To provide access of inspectors for field inspection;
• To organize the presence of company managers, as well as those responsible for conducting the verification of persons;
• Fill out the audit log.

The act of verification can be appealed

Upon completion of the audit, an act is drawn up.

It reflects the violations found. This document is also accompanied by:

• Protocols or conclusions of the conducted studies and examinations;
• Explanations of the employer's officials;
• Instructions for the elimination of identified violations and other documents related to the results of verification or copies thereof.

It should be noted that the employer has the right to indicate in the verification report his disagreement with him, as well as with the individual actions of the authorized officials who conducted the audit.

It is also worth noting that employers have the right to appeal decisions taken during the examination in a pre-trial order.

To do this, it is necessary to apply to the head of the territorial agency of Rostrud in the manner established by Article 361 of the Labor Code of the Russian Federation. That is, to file a complaint. It must be in writing and contain:

• The name of the state body to which the complaint is sent;
• The name of the post, the surname, name and patronymic of the authorized official of Rostrud, whose actions are being appealed;
• Surname, first name, patronymic of the natural person or the name of the legal entity that lodges the complaint;
• Postal address for sending a response;
• The applicant's signature and the date of the complaint;
• Essence of the action complained of.

When considering the submitted appeal, the applicant has the right to submit supporting documents, as well as to request the necessary information in Rostrud.

The complainant can also get acquainted with the documents and materials concerning the consideration of the complaint, if this does not affect the rights, freedoms and legitimate interests of others.

The complaint is considered by Rostrud within 30 days from the date of its registration.

After that, the actions complained of can be recognized as illegal or a decision is made to refuse to satisfy claims. About which the applicant is sent a written response.