The employer has many responsibilities, thereforeproblems. One of the most important are the checks of the controlling bodies. They distract from the fulfillment of the main tasks, they are knocked down from the rhythm. Let's figure out what the labor inspectorate is testing in a planned check-up, so that people can prepare and not experience in vain. Documents regulating the relationship of the administration with the employee, a lot. But if you understand the logic of the process, then you will not get confused.
It is proposed to sort out the competencethis state body. It is created with the purpose of revealing and suppression of infringements of the legislation in the field of labor relations. The rights of labor inspection are extensive. Specialists should provide all the documentation available at the enterprise concerning the relationship between the employee and the administration.
An inspection begins with a review of laborcontracts, assessing their compliance with the law. It is recommended that you first check these documents. If there are shortcomings in them, you should immediately make adjustments, conclude additional agreements with people.
There is a certain advantage inthe construction of the work under consideration. The inspections plan does not hide the Labor Inspectorate. She is obliged to familiarize with it 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. The workers have time to prepare.
Experienced specialists try to find out what the labor inspectorate is testing during the planned inspection. We will help them, based on the accumulated experience and legislation.
A routine check can take place in two ways.In the instructions of the labor inspection it is established that the control takes place both in the field and in the documentary form. In the first case, the inspector goes to the enterprise and understands it in papers. In the second - all necessary must be provided to the state institution.
Of course, HR staff are more fond of, if so it is possibleto say, documentary checks. Less problems with "curious" inspectors. However, you should prepare in any case. The audit affects not only the personnel division of the enterprise. Its specialists are obliged to assess compliance with the legislation in the field of accrual and payment of funds to employees. Consequently, the accounting department will also have to take part in the inspection activities, provide documents, personal accounts, defend their point of view, explain if errors are identified, and so on.
Legislation is written to protectenterprises from unreasonable interference of controlling bodies. It explicitly prohibits labor inspection from working with some organizations. To get into the audit plan, it is necessary that at least three years have elapsed since:
That is, the administration has enough time to adjust work in strict accordance with the law, eliminate existing errors, understand the intricacies and nuances.
In addition, the planned checks are different:integrated and thematic. In the latter, only part of compliance with labor legislation is controlled. Usually a message comes to the enterprise that it checks the labor inspection during the scheduled inspection in this or that case. That is, the theme of the event is announced in order to avoid unnecessary fuss.
We will disclose the order of work within the inspection,concerning the enterprises. At the end of the year, a plan is drawn up for the next period. So do all organizations. Labor inspection schedule of inspections should form before the beginning of next year. It includes enterprises for which specialists, themes and terms of events will be sent. This document is subject to legal analysis for compliance with applicable law. After approval, changes are rarely made to it. For this, good reasons are needed. It should be noted that the Labor Inspectorate of the Russian Federation is a state enterprise. There is not allowed "amateur", everything should be clearly in the regulatory field. Before the verification, the head issues an order. This paper reflects:
Let's move on to review the documents that need to be prepared.
First of all, the inspector will check whether it is correctlabor contracts with employees have been drawn up. They should be reviewed in advance for compliance with the law. If there are shortcomings or gaps in the texts, it is recommended that you sign additional agreements.
Then the inspector will proceed to study the orders for personnel. Look, whether all signatures about acquaintance in them are put by workers. Their absence is a typical mistake.
When applying for work, a person mustprovide a whole package of documents. They are determined by the relevant regulations. If your company has requirements for qualifications, education of workers, check that all papers are in private matters.
Do not forget to open the register of orders. Corrections in it are not allowed.
Also, the inspector, if necessary, examines the correctness of the filling of labor books and the register of their accounting.
Leaves occupy a place of honor in the listcomments by reviewers. Strangely enough, workers complain to the labor inspectorate rarely. People often do not know their rights. And the controlling bodies are aware of them and will look in this direction. Check that you do not have people who have not rested for more than two years in a row. This is strictly prohibited by law.
A common mistake of inexperienced personnel officers is the lack ofschedule of holidays. It seems that this is an extra piece of paper. But the law established that such a schedule in the enterprise should be. Consequently, the inspector will require it. It is necessary to draw up a schedule and make sure that it does not differ in dates with orders for holidays. In the event of a violation, the text of the document is amended. Nothing complicated. Re-approve the schedule with changes (sign a new copy from the head).
A typical (most common) treatment inlabor inspection is associated with violations of the issuance of earnings. The inspector is obliged to see whether the company complies with the legislation in this area. To do this, he will require a provision on wages. It should be written and approved if it has not been done so far. The accounting data, namely the date of issue of earnings, must strictly comply with the provisions of the above-mentioned document. Payment is made twice a month. This must be reflected in the document and strictly observed.
In addition, the inspector willbonuses. This document must also exist and comply with the law. The size of the award is appointed by the head, therefore, the inspector will look at orders on this topic. Payments in excess of salary, not documented, are not allowed. At the same time, the deprivation of the premium should also be justified.
This is one of the hardest topics to check.At the enterprise, a provision on labor protection must be approved. A special order appoints a specialist responsible for this area of work. He leads a magazine, conducts briefings and the like. All of his documentation will be checked by the inspector. And he will look into the job description. The document should reflect the responsibilities for labor protection.
In addition, you will have to provide rulesinternal routine. They should be formalized according to the law, approved by the head. The text should determine the time of rest, working conditions and so on.
We described the main directions of inspections andrequired documents. Their inspector always asks. It does not matter, the complex check is conducted or thematic. The payment, the correctness of drawing up employment contracts, orders, the granting of holidays, he will necessarily look.
But there are other documents that are checked less often. These include the documentation of the certification. If such an event is held in your organization, then it should be properly drawn up.
Information about the medical examination is also sometimes checked.
We need to see if there are any documents that are latein personal matters. A common mistake of a beginning personnel officer is the lack of systematization of documents. This work must be done constantly, so as not to be confused and not tremble, waiting for the inspector.
The inspector will come or invite you to himself andwill require a whole list of documents. But to begin with will show the order of the chief where it is specified its powers, a theme and term of action. It should be guided. If a person is instructed to work for three days, he will not leave you before. During this period, the inspector will study documents, draw up certificates and so on.
Conducting a routine inspection is normalevent. The inspector needs to find faults in your work. But in the final act, as a rule, it does not indicate everything. Some shortcomings can be corrected during the audit. The inspector will propose to do this, and you should not refuse to not receive punishment.
It should be noted that the most "bad" testis the one that is conducted at the initiative of the employee. This happens when a complaint to the labor inspection was sent by a person connected with your organization contract. In this case, indulgences from the inspector do not wait. His duty is to protect the worker.
When the inspector has completed his work, hewill provide an audit report. This document is made in two copies. One goes to the inspection, the second remains at the enterprise. If additions are necessary, then they must also be attached to each act. This paper reflects the essence of the work done, comments and suggestions. The revealed violations are reflected in the instruction on their elimination.
The management of the audited enterprise hasthe opportunity to object. Their reasoned comments must be sent to the inspection within fifteen days. But the order to remove the violation still have to be executed and submitted to the controlling organization. And it is better to agree during the verification. Then the inspector will indicate that the violations were, but they were corrected even before the final document was written.
