Consolidated plan of GIT checks for the year. Scheduled inspections of the GIT: frequency and timing. Expert opinion on the question of how to proceed during the inspection of the GIT

The procedure for checking the GIT in 2019 has changed. Find out what the labor inspectorate will check and what punishment threatens the organization if violations are revealed

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Labor Inspectorate 2019

The entire process takes no more than 20 days. GIT can request both original documents and their copies. All documents handed over to inspectors must be accompanied by an inventory, so that they can then be reclaimed. Such an audit can be both field and documentary.

With the exit option, you will have to prepare a separate room with Internet access for the work of labor inspectors.

In our opinion, documentary checks are more priority for legal entities. You will have to copy a lot of documents, but there will be little time to prepare the missing ones or correct the existing ones. Whereas during an on-site inspection, this will not work.

You should not provide papers that were not requested, even if they are impeccably executed. This can lead to a chain reaction and the auditor will want to see other related documentation, which in direct proportion increases the risk of running into a fine.

Unscheduled inspection of the labor inspectorate

The basis for conducting an unscheduled inspection is an audit of previously issued instructions and appeals from employees. But a large share is occupied by inspections of employee complaints. Therefore, it is extremely important in the activities of the enterprise to be attentive to the staff and somewhere to compromise. After all, violations found can cost more.

With sudden inspections, the period for notifying the employer is reduced to a minimum and is only 24 hours. And with a significant risk of destroying compromising information or circumstances, legal entities may not be warned at all.

With unscheduled inspections, there is a specific goal - to defend the rights of the applying employee, so the inspectors begin with an audit of the documentation that will reveal, confirm or refute the fact of violation of labor laws. At the same time, the employer should remember that the inspectors are initially on the side of the employee, since he is a priori the weak side.

The application of this approach began in 2019. The main criteria for classifying an enterprise into a particular class are:

• type of economic activity;
• number of staff;
• wage arrears for the last 3 years;
• accidents in the last 3 years.

Previously, it was possible to check the planned company only once every 3 years. After implementation new system this interval has been reduced to 2 years for high-risk enterprises.

If the company does not agree with the category assigned to it, it can appeal this decision to Rostrud.

Use of checklists by labor inspectors

It used to be a mystery what documents will be routinely checked. Since 2019, Rostrud has been introducing new tool for inspectors. Now, during the audit, a GIT employee fills out special “checklists”, which are available for download on the Rostrud website. Each of them covers a specific topic.

Before conducting a scheduled inspection of the GIT, the employer can, according to the relevant "checklists", inspect the state of the personnel system and bring it into proper form.

Preparing for a GIT check

It is necessary to prepare for an audit or not - it is up to each individual leader to decide independently. It seems to us that it is worth checking not only the presence of all necessary documents but also the presence of signatures. After all, it is easier to prevent mistakes than to pay for them.

Frequent and delayed wages. The punishment for this violation is not limited to fines. If the delayed amounts are significant, criminal liability is also possible (Article 145.1 of the Criminal Code of the Russian Federation).

Penalties for inaccuracies in the LNA are also not uncommon and range from 30 to 50 thousand rubles. (Clause 1, Article 5.27 of the Code of Administrative Offenses of the Russian Federation).

One of the indicators of the quality of the work of a personnel officer is the absence or presence of prescriptions and fines based on the results of inspections by labor inspectors. The absence of claims from the inspectors is the result of your correct operation. A fine was issued - it means that they got into the pocket of the founder, which undermined their reputation. To exclude such incidents, you need not only to know how the GIT is checked, what inspectors check, but also how to behave during checks. After all, inspectors cannot just come and turn over all your documents, they also have rules that you must know!

What is GIT

The entire 57th chapter of the Labor Code is devoted to how the state is obliged to oversee the implementation of the norms of the Labor Code. Supervision functions are assigned to Rostrud (this is the common name Federal Service for labor - FTS). The service has territorial bodies - GIT.

GIT is the state labor inspectorate. Part 6 of the Order of the Ministry of Labor No. 354n, it is these inspections that have the right to check the activities of all organizations and entrepreneurs for compliance with the Labor Code.

Legal grounds

Inspections operate on the basis of the Regulations approved by Government Decree No. 875 of 09/01/2012. And it is in the 8th part of this Regulation that there is a phrase that all inspections of the State Inspectorate must be carried out in strict accordance with the law on the protection of the rights of organizations and entrepreneurs during inspections (No. 294-FZ of 12/26/2008). It is this law that requires special attention.

What is a GIT check

In part 2 of article 294, paragraph 6 of the Law, there is a definition of the term “verification”. This is a set of actions of labor inspectors to assess the compliance of the company's activities for compliance with standards labor law. That is, inspectors check whether you are acting (or inactive) correctly when conducting personnel matters.

By the nature of the check can be:

• documentary (inspectors simply demand that they bring the documents of interest);
• visiting (inspectors come to you).

The inspection can be scheduled (on schedule) or unscheduled.

Scheduled check

By general rule such inspections are carried out no more than once every three years (Article 9
law). But there are some activities that give inspectors the right to visit with a check and more often:

• healthcare;
• education;
• social sphere;
• heat supply;
• electric power industry;
• energy saving.

These deadlines for scheduled inspections are set in the list, which.

How the audit plan is formed:

• The FTS develops an audit plan for the year (which organizations will be audited and within what time frame);
• before December 1 of the year, before checking, the plan is transferred to the Prosecutor General's Office;
• Until December 31, the Prosecutor General's Office places a consolidated plan of inspections on its website ( can be found at this link http://plan.genproc.gov.ru/plan2016 /).

Did you find yourself? Get ready for the test!

Attention!

Important: the first check should not be carried out earlier than three years from the date of registration of the company or individual entrepreneur!

Three days before the inspection, you must be warned (part 12, article 9).

Unscheduled check

There are times when inspectors can raid and not according to the schedule of the Prosecutor General's Office. And this happens if:

• the term of the prescription has expired, according to which your company was supposed to correct any identified violations;
• received a complaint from an employee.

About this check You must be informed the day before the event..

Important!

Pay Attention : a warning can be sent in any way, even by fax or telephone message!

Documentary verification

The check acquires such a character when it is enough for inspectors to see a minimum of documents of your organization. If you are checked in this way, consider the nuances (Article 11 of Law 294):

• you have the right to demand if the check is unscheduled (in the event of an employee’s complaint, you are required to provide this complaint for review, and it should not be anonymous);
• you must bring the required documents to the inspector within 10 days from the date of request ;
• documents do not have to be brought in originals - make copies and certify with your seal(it is not necessary to certify them with a notary, and the requirement is illegal);
• documents not related to the complaint not entitled to claim .

Field check

On-site verification is carried out only when it is impossible to conduct a documentary
(documents were not provided), or it was carried out, but violations were found in the execution of documents or cases.

At the beginning of the check you are required to submit:

• service certificates;
• inspection order.

The order or order must contain:

• the composition of the inspectors ( who is not on the list, you have the right to admit to cases);
• base(complaint, for example, or plan);
• verification tasks (should be clearly defined - not “check the documents of the personnel department”, but “check the availability of employment contracts and their compliance with the law.” At the same time apart from contracts, you are not required to show other documents);
• timing of the inspection.

By the way, about the deadlines: they are also written in the law! Therefore, the verification is carried out in the following framework:

• 20 days - for city-forming and other large enterprises;
• 50 hours - if your company belongs to a small business (staff up to 100 people);
• 15 hours - for micro-enterprises (staff up to 15 people).

If you take into account all these rules of checks, you can safely appeal them.

Example

For instance, verification of the correctness of payroll. It is in your competence to show the inspectors only an employment contract in which the salary is fixed, staffing, on the basis of which the salary is established and the regulation on wages. According to the 294th law, you should not require other documents.

What can you get a warrant or a fine for?

Any violation of labor law is punishable. But the most typical ones are:

• salary delay;
• failure to issue a work book on the last day of work;
• incorrect execution of employment contracts;
• illegal dismissal or transfer;
• illegal deductions from wages.

Some firms still use a system of fines, even though it's forbidden . If this is your case, advice: do not fine, but charge a smaller premium. But for this, the employee's salary must consist of a salary and a bonus. And non-payment of bonuses must be justified, for example, by failure to meet bonus targets.

Conclusion

Attention!

If you are threatened with a GIT check what is checked in the personnel department you will learn from the notice. Your first action: immediately correct the violations, if any, and served as the basis for verification.

If violations are found during the inspection, you will be given an order that is mandatory for execution.. If you do not comply, you will be fined (up to 50 thousand).

But it’s better, of course, not to bring things to the prescriptions, just do your job right from the beginning so as not to redo it later.

Every employer will sooner or later have to meet with a labor inspector during a scheduled inspection. But how often should scheduled inspections be carried out? How is a scheduled inspection of GIT for legal entities carried out?

The task of scheduled inspections of the GIT is to verify compliance by the employer working conditions. As a general rule, such inspections should be carried out every 3 years. Before sending an inspector to a particular company, the state labor inspectorate is obliged to draw up an order for a future inspection, as well as send a notice of a scheduled inspection to the GIT.

After the completion of the inspection, an act must be drawn up, which indicates information about the violations. If the manager does not agree with the instructions, he has the legal right to appeal the test results.

Who can check a company out of plan and where to look

How often are scheduled inspections of the GIT

During a scheduled inspection, the labor inspector checks:

1. the fact that the employer complies with labor standards;
2. implementation of instructions to eliminate previously detected violations.

Scheduled inspection is carried out according to the approved annual plan once every 3 years. The maximum period of its implementation is 20 working days.

Other dates for scheduled inspections of the GIT

There are certain categories of activities for which the GIT planning period is carried out more often:

1. The sphere of education;
2. Power industry;
3. Health sector;
4. Social sphere;
5. Energy saving;
6. Sphere of heat supply.

Theme of the issue

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Pending Review Notice

Ch. 12 Art. 9 of the Law on the Protection of Rights states that the employer whose company a visit is planned must be notified of such an event at least 3 labor prior to the start of the audit.

1. arrange searches in the employer;
2. conduct face-to-face bets;
3. seize documentation;
4. to interrogate witnesses.

The list of the head of the company includes providing access to the office of the enterprise of the inspector and experts. He must also provide the entire list of documents that were requested for the on-site inspection.

Results of scheduled GIT inspections

After reviewing all the documentation provided, the labor inspector is obliged to call the employer to draw up an inspection report. The act is filled out according to form No. 141, which was approved by order of the Ministry of Economic Development of April 30, 2009.

The act is drawn up in two copies:

1. One copy remains with the labor inspectorate;
2. The second copy is handed over to the head of the company against receipt.

If violations were found during the inspection, the following must be attached to the act:

1. Conclusions or protocols on the conducted scheduled inspections, examinations and tests;
2. Explanations of employees of the audited employer who are responsible for violations of mandatory labor requirements;
3. Instructions on the need to eliminate the violations found;
4. Other documents or their photocopies that are related to the results of the inspection.

Refusal to fill out an act on the results of an inspection is a gross violation of the law. In such a situation, the employer has every chance to cancel the results of the audit.

Typical violations of employers

Any violation of labor laws is punishable. But, as a rule, labor inspectors observe the following violations:

1. Employees are delayed wages;
2. The dismissed employee was not given a work book on the last working day;
3. Labor agreements were issued with violations;
4. Some of the employees were fired or transferred to another place of work illegally;
5. The employer practices illegal deductions from wages.

If the head of the company in which the scheduled inspection of the GIT of legal entities was carried out found violations, does not agree with the instructions of the labor inspector, he has the right to appeal them.

Appealing the results of the audit

The head of the company has the right to appeal the verification act:

1. Within 15 days from the date of receipt of the document to a higher authority (according to clause 12, article 16 of the Law on the Protection of Rights);
2. Within 10 days from the date of receipt of the document to the court (according to Article 361 of the Labor Code of the Russian Federation).

The employer may also appeal against the decision on administrative liability. According to Art. 361 of the Labor Code of the Russian Federation, a complaint must be filed:

1. Head of the state labor inspector;
2. Chief labor inspector in the Russian Federation.

If necessary, the decision of the chief labor inspector should be appealed to the court.

You can within 10 days from the date of receipt of the decision. Such a period is provided for in paragraph 1 of Art. 30.3 of the Code of Administrative Offenses of the Russian Federation.

To appeal against a decision on administrative liability for violation of labor standards, it is necessary to apply to a court of general jurisdiction. This rule will be relevant if administrative responsibility involves:

1. Employer-organization;
2. Director of company.

The Arbitration Court does not deal with these complaints.

GIT has already formed an inspection plan for 2019. You can also see your organization among the companies being checked. What does a personnel officer need to know about scheduled inspections of the GIT? Download the plan for your county.

In the article:

Download related documents:

How to determine the frequency of scheduled inspections for your company

The introduction of a risk-based approach allows employers to independently calculate how often they will be tested in a planned manner. This will help us "Regulations on the federal state supervision for compliance with labor legislation and other regulatory legal acts containing labor law norms” (approved by Decree of the Government of the Russian Federation of 01.09.2012 No. 875, as amended in 2017).

The Regulation defines the criteria by which all employers are assigned a category of risk of violation of labor rights. Three criteria:

1. Sustainability of good employer behavior. If the GIT has no information about violations in your company, then this indicator is zero. It increases if the organization delayed wages, there were cases of injuries in the previous year, or a decision on administrative punishment (fines or warnings) in the previous three years.
2. Potential Harm. The employer cannot influence this indicator. It depends on the number of affected workers in the industry as a whole and is calculated statistically by Rostrud. This figure is reviewed every three years.
3. Scale of spread of negative consequences. This figure depends on the size of the company. The larger the number of employees, the higher the specified coefficient.

The frequency of scheduled inspections directly depends on the assigned category:

	Frequency of scheduled inspections of the GIT for 2019
high risk	1 time in 2 years	Chief Inspector of the State Inspectorate of the Russian Federation
Significant Risk	1 time in 3 years	Chief Inspector of the GIT in a constituent entity of the Russian Federation
Medium Risk	1 time in 5 years
moderate risk	1 time in 6 years
low risk	Checks are not carried out

If you are unsure of your knowledge, take a course in high school HR:

Download the GIT inspection plan for 2019 in your region

On the websites of the territorial GIT, plans for inspections of legal entities and individual entrepreneurs are published in the public domain. In order not to search for your region on the site, use the summary table from the editors.

If your organization was illegally included in the inspection plan, the employer has the right to write an application for exclusion from the inspection register.

One statement is not enough. If the employer believes that he was unreasonably included in the annual GIT inspection plan for 2019, he needs to collect a whole package of documents. The expert of "System Kadra" will tell, what papers are needed and what to do after submitting documents

If you do not agree with the assigned risk category, you can apply to change the category. Moreover, if in the current year your company was not punished for violations of the Labor Code of the Russian Federation, then you can apply for a reduction in the risk group by one category.

Scheduled Check Characteristics

The first scheduled inspection can happen no earlier than three years after registration legal entity or individual entrepreneur (or three years after notification of the start of a new activity).

A scheduled inspection of the GIT in 2019 can be on-site, when the inspector arrives at the company's office, or a documentary one, when you bring it to the GIT Required documents. The second option is more gentle.

Characteristics of a scheduled inspection	Documentary verification	Field check
Location	Location of GIT	At the location of the organization or the place of actual implementation of activities
Deadline	General rule: No more than 20 working days The inspection period for each branch, representative office or separate division of the organization is set separately, but not more than 60 working days
		For a small business - no more than 50 hours per year For a micro-enterprise - no more than 15 hours per year
Documents - the grounds for verification, which are presented by the inspector	Request for submission of documents for verification	Inspector's license Certified copy of the inspection order The procedure for carrying out control measures (at the request of the person being checked)

In the "Personnel System" you will find a list of checklists, and a description of all the important points - from periodicity to mandatory documents. Look into the material to prepare for audits in 2019.

How to find out about the start of the test?

The GIT review plan for 2019 does not specify specific dates for the review. Only the month for which the check is scheduled is defined. How to find out the exact date?

The GIT must notify the employer of the exact day of the inspection three days before the start of the inspection activities by sending an order to the organization to conduct a scheduled inspection.

Usually a copy of the order is sent by mail with acknowledgment of receipt. And here the trick “if I don’t receive a letter, I will avoid verification” does not work. Because "... persons who refused to receive the sent materials or did not appear to receive them, despite the postal notice, in judicial practice are recognized as duly notified."

The sending of an electronic document signed with an enhanced qualified electronic signature is also considered a proper notification, if the address Email the person being checked is contained in the Unified State Register of Legal Entities (EGRIP).

Article 9, paragraph 12 federal law No. 294-FZ allows other available methods of notification. As such methods, delivery of a copy of the order directly to the representative of the organization with receipt of a receipt, as well as sending a letter by fax can be considered.

It happens that the git check in 2019 is carried out later than indicated in the plan. If it happens in the same year, and the notification came on time, then such a check is legal.

Unfortunately, the answer is wrong. Look for clues in the ready-made solution How the labor inspectorate conducts a scheduled inspection.

Hello! Today we will discuss what a labor inspection is, what violations it detects, and what threatens an employer who violates the law. Check from tax office the second most popular after the tax audit.

If you have at least one hired employee - be prepared that you will be checked for compliance with labor laws and labor protection standards. But, as they say, forewarned is forearmed. Undesirable consequences can be avoided if you know when, how they will check, and how you can prepare.

The procedure for conducting an audit by the labor inspectorate

The entire verification process consists of several stages:

1. Alert. The inspectorate notifies the employer of a planned on-site or documentary inspection no later than three days in advance by sending him a copy of the order to conduct the inspection against signature. For its part, the auditee has the right to request full information about the bodies and their employees who will carry out the inspection, and the regulations with a detailed procedure for control measures. Even about an unscheduled inspection, the entrepreneur must be warned by letter a day before it starts.
2. Verification of documents, on-site verification by the labor inspectorate. Usually, the check begins with a request for copies of the documents of interest to the inspection, but it happens that the first check is carried out on site. The inspector must begin work by presenting an individual certificate and an inspection order that you received earlier as a notification. Only the inspection carried out by the person specified in the inspection order will be legal.

Maximum scan duration:

1. Based on the results of the inspection, two copies of the act are drawn up.. In rare cases, the act is drawn up immediately with the employer, most often the person being checked is called to the inspection to draw up documents.
2. If the inspector finds violations(however sad, but this happens in most cases), then he will issue an order containing:

• Description of the violation and the date it was committed;
• Link to relevant law;
• Deadlines for elimination of violations. If a re-inspection shows that the violations have not been eliminated, the company faces administrative liability.

According to the law, the results of the audit can be appealed.

Limits of what is permitted

What do labor inspectors have the right to do, and what actions are outside the scope of their job descriptions?

The powers are detailed in Government Decree No. 875, but here are the main ones:

1. Check the employer at any time of the day. However, a prerequisite is the presence of a certificate and an order;
2. Receive papers and data for verification, both from the employers themselves and from federal or territorial authorities;
3. Take samples of substances for analysis. Only if an appropriate act is drawn up;
4. Carry out investigation of accidents, the cause of which could be a violation of labor protection standards;
5. Submit instructions to eliminate violations. Even about the removal from work of certain persons. The employer has no right to refuse their execution;
6. In extreme cases, send a request to the court to terminate the activities of the company;
7. Participate in litigation as an expert.

Please note that in 2019 inspections will be held in a new format, which was established by Government Decree No. 1080 of 09/08/2017. The powers and procedures of the inspectors remained the same. The changes affected the results of the check. Now they will be entered into checklists, which are grouped by topic. One sheet - one topic.

Take, for example, an employment contract. The inspector has the right to ask the employee whether he has concluded an employment contract with the company. If it turns out that it is not, and this will be confirmed by the course of the audit - the contract was not presented by the company's management upon request, a violation is entered on the checklist. All identified violations must be documented so that later there are no disputes - disagreements with the results of the audit.

In fact, the checklists are a kind of questionnaire - a guide, according to which the inspector asks questions within the framework of a certain topic of the checklist, and upon receiving the answers, requires documenting them. A total of 132 checklists have been approved, but this does not mean that they will all be completed. In each case, the inspector, based on the activities of the company, decides on his own which sheets to use and which not. Remarkably, he is not entitled to check more than indicated in the checklists.

Inspectors cannot:

1. Request information, samples that are not related to the object of verification;
2. Seize the originals of any documents.

Grounds for verification by the labor inspectorate

Inspections by the labor inspectorate, like most other inspections, can be scheduled or unscheduled.

Any organization can fall under a scheduled inspection by the labor inspectorate; for an unscheduled inspection, more compelling reasons are needed.

So, the reason for the inspection can be:

1. A scheduled check may be based on one of the reasons:

• The employer has registered or started to conduct entrepreneurial activity 3 years ago;
• The previous audit ended 3 years ago.

According to the moratorium on inspections of small businesses in Russia, until the end of 2018, enterprises falling under the law were exempted from scheduled inspections by the labor inspectorate. Currently, the Ministry of Economic Development and the Prosecutor General, on behalf of the Government, are developing amendments to the legislation providing for the extension of this moratorium until 2022.

The schedule of inspections for 2019 is already presented on the website of the Prosecutor General's Office.

1. The impetus for an unscheduled inspection (the law does not provide for restrictions on the frequency of such inspections) can be:

• The expiration of the term for the execution of the order from the last audit;
• Issuance of an order on the basis of an order from the prosecutor's office;
• Delay by the employer of wages, as well as its issuance not in full;
• Calculation of wages below the minimum provided by law;
• Violation Labor Code RF, which caused a threat to the health of employees;
• Receipt of complaints from employees about violation of their rights specified in the Labor Code of the Russian Federation or a request to check working conditions (the inspection does not consider anonymous appeals, but it must act confidentially, without advertising on whose complaint the check is organized).

What does the labor inspectorate check?

Compliance with any norms of labor legislation at the enterprise is subject to verification.

The labor inspector may request (and you will be required to provide) the following documents:

1. Employment contracts, personal cards of employees and other data about them;
2. Employment books of employees at the enterprise and their accounting journal;
3. Work schedule and time sheet;
4. Sick leave certificates, documents on medical examinations of employees;
5. Vacation schedule, as well as other related documents (employee statements);
6. Settlement sheets;
7. Accounting statements, individual employee accounts and other details of employee benefits;
8. The charter of the company and internal regulations;
9. Registration of work with citizens of other states and beneficiaries;
10. Regulations on wages, bonuses, personal data of employees;
11. Evidence (personal signatures) that all employees are familiar with the above documents.

The exact list of documents to be checked by the labor inspectorate depends on the basis for its conduct.

How to Prepare for a Labor Inspection Check

The most common violation, entailing a fine to the employer, is the lack of all necessary documents.

Local acts are obligatory for each, even the smallest organization with employees. For example, this is a set of internal regulations, a regulation on the personal data of employees.

It is also mandatory to issue a pay slip (payment via bank transfer is no exception) - they do not have to be issued against signature, but employees should be aware of their right to know the monthly payment made. If desired, the employer has a way to insure himself by keeping a journal of issuing pay slips.

The employer must keep in a safe work books for all employees.

Often, employers make inaccuracies in the preparation of basic documents. For instance:

• The rate of remuneration is not prescribed;
• The copy of the employment contract (any other document) owned by the employer is not signed by the employee;
• The vacation schedule is signed later than 14 days before the beginning of the calendar year.

In addition to documents, it is worth taking care of compliance with all labor laws. Timely certification and safety of employees at their workplace are very important. Whether workers need special clothing or accessories, protective masks or gloves, and much more depends on the type of work they do.

Other common mistakes:

• The annual leave is divided into small parts, and none of them reaches 14 days;
• Wages below the minimum wage;
• The amount of wages is not indicated in Russian rubles;
• Wages are issued less than once every 15 days, while there is no written consent of the employee for such a payment schedule;
• Hiring foreign citizens fixed-term contract before the expiration of the work permit. To avoid administrative liability with foreign citizens, it is better to conclude standard open-ended contracts.

Penalties from the labor inspectorate

If the labor inspector reveals violations, then first of all the employer will be presented with an order. Failure to comply with all points of the order may result in suspension of activities or a fine.

Depending on the violation, a fine may be brought against the company itself, its manager, individual entrepreneur, or responsible persons (this may be the head personnel department or Chief Accountant), if it is provided by the rules of the company.

The most common penaltiesissued by the labor inspectoratev2018 year:

Violation	Official fine		Penalty for IP	Penalty for a legal entity
Violation of labor law	1,000 - 5,000 rubles			30,000 - 50,000 rubles
Repeated violation of labor law	10,000 - 20,000 rubles or disqualification for up to three years	5,000 - 10,000 rubles		50,000 - 100,000 rubles
Admission to work of an employee who does not have the right to do so (for example, without a permit book), while the employee denies this.	10,000 - 20,000 rubles for an employer and 3,000 - 5,000 for an employee
Evasion of concluding an employment contract with an employee or its incorrect execution	10,000 - 20,000 rubles		5,000 - 10,000 rubles	50,000 - 100,000 rubles
Repeated evasion of concluding an employment contract, deliberately incorrect execution of it or re-admission to work of an employee who does not have the right to do so	Disqualification for up to three years		30,000 - 40,000 rubles	100,000 - 200,000 rubles
Violation of labor protection requirements	2,000 - 5,000 rubles			50,000 - 80,000 rubles
Repeated violation of labor protection	30,000 - 40,000 rubles or disqualification up to three years			100,000 - 200,000 rubles or termination of activities for up to three months
Violation of the requirements for conducting a special inspection	5,000 - 10,000 rubles			60,000 - 80,000 rubles
Admission to work for an employee who has not been instructed in labor protection	15,000 - 25,000 rubles			60,000 - 80,000 rubles
Failure to provide employees with personal protective equipment (when required)	25,000 - 30,000 rubles			130,000 - 150,000 rubles

Administrative investigation by the labor inspectorate

The labor inspectorate visits the enterprise with an inspection in order to monitor compliance with the law, but if the inspector works to establish and record the fact of violations by the employer and bring the violator to justice in accordance with the RF Code of Administrative Violations, then we are talking about an administrative investigation.

The decision to start an investigation is made by the employee of Rostrud or an employee of the state labor inspectorate.

An investigation is initiated in the following cases:

1. As a result of the check that revealed violations. But before proceeding with the investigation, the inspector is obliged to obtain explanations from the suspected violation, testimony from witnesses and victims (if any), then formally request information to resolve the case;
2. As a result of a complaint against the employer or a message containing enough data to suspect the employer of an administrative violation.

The document on the initiation of an investigation is called a determination. Within 24 hours after its preparation, a copy of the document against receipt is provided to the employer and the victim.

The definition text contains:

1. Date and place of its compilation;
2. Full name, position of the compiler;
3. The reason for initiating an administrative case;
4. Testimony of witnesses and other possible evidence of the offense;
5. The relevant article of the Code of the Russian Federation on Administrative Offenses;
6. A record about explaining to the participants in the investigation their rights and obligations.

The investigation lasts no more than a month from the date of initiation of the case, it can be conducted both by the inspector who conducted the earlier inspection, and by another state labor inspector.

Further development of events depends on the results of the investigation.

If the violation is not confirmed- The inspector issues a decision to dismiss the case.

If a violation has been proven- the inspector forms a protocol on an administrative offense. Within 15 days, the case will be considered by the state labor inspectorate, in rare cases (as a rule, if the violation was repeated), the inspector takes the case to court.

The completion of the investigation will be the issuance by the inspectorate or the court of a decision to impose an administrative penalty or to dismiss the case.