How the federal inspectorate of work carries out inspections?
Labour discipline, fortunately, become really obligatory for most of businessmen and it testifies to the increasing social orientation of business.
However toughening of requirements and change in the legislation raise the mass of new questions for that businessman. What it is right at it and what - at inspection of work which according to Art. 353 and 354 of the Labour code of the Russian Federation exercises the state supervision and control of observance of the labor legislation in all organizations in the territory of the Russian Federation.
We will try to understand it, perhaps, the most important question that at any check you accurately knew whether the state inspector of work exceeds the authority. So, one after another.
The state inspectors of work have the right:
to visit the organizations for carrying out inspection at any time (at the same time the inspector surely has to show you the certificate);
to request the documents, explanations, information necessary for performance of supervising and control functions from employers;
to withdraw samples of the used or processed materials and substances for the analysis. You have to be notified on it and are informed of the relevant statement which is drawn up by the inspector;
to investigate industrial accidents;
to demand from you elimination of the allowed violations, restoration of the violated rights of workers, attraction guilty of the specified violations to a disciplinary responsibility or their discharges from a position;
to suspend work of the organization, separate production divisions and the equipment if requirements of labor protection which create threat of life and to health of workers, before elimination of the specified violations are violated;
to send to courts of the requirement about liquidation of the organizations or the termination of activity of their structural divisions owing to violation of requirements of labor protection. The inspector can direct this requirement only in the presence of the conclusion of state examination of working conditions;
to discharge of work of the persons who were not trained in accordance with the established procedure to safe methods and methods of performance of work, instructing in labor protection, training on workplaces and examination of requirements of labor protection;
to forbid use and production of not having certificates of conformity or means of individual and collective protection of workers which are not conforming to requirements of labor protection (for example, overalls, footwear);
to bring to administrative responsibility the persons guilty of violation of the laws and other regulations containing standards of the labor law if necessary to invite them in body of inspectorate of work, and also to direct materials about involvement of specified persons to criminal liability to law enforcement agencies, to make claims in court;
to appear as experts in court.
Trade-union body, the worker or other person can address to State Labour Inspection with the complaint to your actions at any time. The state inspector of work at identification of violation of the labor legislation has the right to issue you the instruction which is subject to obligatory execution. If you consider that this instruction is illegal, can appeal against it in court within ten days from the moment of receiving.
the State inspectors of work are obliged to keep the state, office, trade and other secret which became to them to the activity, known at implementation, and also after leaving of the position. The state inspector of work has to consider confidential a source of any complaint and therefore it is not obliged to report to you about the one who made the complaint about you.
the State inspectors of work inspect any organizations in all territory of the Russian Federation irrespective of them organizationally - legal forms and forms of ownership. the state inspector of work can notify by
At inspection check on the presence the employer or his representative. But if he considers that such notice can cause damage to efficiency of control, he can not inform you of the stay at the enterprise.
the Decision of the state inspectors of work can be appealed against it to the head, the chief state inspector of the work Russian Federation or in a judicial proceeding. The decision of the chief state inspector of work of the Russian Federation can be appealed in a judicial proceeding.
For employees - fortunately, and for businessmen - unfortunately, the labor legislation of Russia is constantly improved, and in favor of the employee. Not to get to anywhere: our country - the constitutional state asserting, first of all, the rights of citizens therefore I recommend not to break current laws, and you will extremely seldom meet the state inspector of work at the office.