Российское трудовое законодательство provides for the protection of workers from unpleasant, but at the same time, regularly encountered actions of the employer - wage delays, unjustified fines, problems with going on leave, etc. There are statistics talking about hundreds of thousands of such violations in Russia (and these are only officially registered cases ; there is an opinion that their real amount is much more). The state labor inspectorate is called upon to monitor the correct fulfillment of laws by employers.
What is this body?
Статья 35 ТК России содержит норму, по которой Supervision over how employers comply with the laws governing labor relations should be carried out by an authorized authority - the Federal Labor Inspectorate. In the people it (and its territorial divisions) are called simply “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.
Трудинспекции, кроме надзора, рассматривают дела, related to administrative offenses relating to labor issues, advise citizens and employers, explain the rules of law governing labor relations. Labor inspections can receive 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 Inspectorate do?
Federal Labor Inspectorate supervisesensure that Russian legislation regulating relations between employers and employees is strictly followed. The activities of the state labor inspectorate are centralized — there are territorial bodies, but they are directly subordinate to the federal structure.
То есть трудовая инспекция Москвы выполняет свои functions, like similar structures in other cities in the capital of Russia. Employees of the capital's companies are turning to this body regarding the violation of their rights. Similarly, the labor inspection of the Moscow region.
How to find a Moscow labor inspection
Moscow Labor Inspectorate is on the streetDomodedovo, in the house number 24 (building 3). Finding an organization is easy. The address of the labor inspectorate is embedded 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 site of labor inspection of the capital (git77.rostrud.ru). The organization conducts personal reception of citizens and legal entities (but at a different address - on the Warsaw highway, building 108, building 1). The Moscow Labor Inspectorate has a specialized center whose main activity is related to servicing the population. You can find it on Marxist Street, Building 24. One of the interaction channels that the Moscow Labor Inspectorate offers is a hot line, we have already mentioned above.
What can a labor inspectorate do?
Federal laws of the Russian Federation prescribe the labor inspectorateto work within certain procedures. Among the main ones are inspections, issuing various regulations related to violations, drawing up protocols, and work to bring employers to certain forms of responsibility.
Will come with a check
One of the key methods of the labor inspectorate to carry out its activities - verification. Like many other government agencies, the inspectorate must have grounds for carrying out this procedure.
Any legal entity in anyregions, including those that are registered in the capital of Russia (the labor inspectorate of Moscow is responsible for working with them), as well as the individual entrepreneurs (unless the entrepreneur works only for himself, without hiring anyone).
Regulatory framework for audits
Federal legislation of the Russian Federation containssources on which labor inspectorate staff 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 Entrepreneurs” (adopted in 2008), government regulations governing the activities of the Federal Service for Labor and Employment, orders of the Ministry of Economic Development and Trade, various guidelines from Rostrud and other authorities related to labor issues.
Types of checks
The main types of inspections conducted by Russianlabor inspections, two - planned and unscheduled. The first type is carried out every three years according to a previously drawn up plan. As a rule, he is posted in advance at the labor inspectorate websites, and the heads of the organizations can familiarize themselves with it.
The second type of inspection can be carried out at any time, but the labor inspectorate must have a valid legal basis. Among the most common lawyers are the following.
- May expire within which you need toexecute the order on violations of labor legislation, previously issued by the inspectorate. That is, the labor inspectorate officers come to check whether the violations have been fixed.
- A labor inspectorate may visit ifSomeone will complain to the employer - employees or other organizations, including government agencies, trade unions. Some lawyers call this reason for checking one of the most common.
How is the test?
Inspectors, making a visit with a check, imposedocuments: their certificates confirming the fact of work in the labor inspectorate, as well as an order (or order) reflecting the decision on the inspection. In the second document, the details of the labor inspectorate, the names of the inspectors, data on the legal entity to which the inspectors arrived, as well as the goals, objectives of the inspection, its subject matter, and deadlines should be indicated. Some lawyers believe that if the goals and objectives in the document are missing, then it can be considered invalid.
Verification order must be shownthe head of the company-employer. If the inspectors do not find this document with them, then the organization has the right to prevent them from carrying out the inspection in their office. Upon detection of violations of labor legislation, a labor inspectorate is issued. Requirements contained therein are mandatory.
Attitudes towards labor inspections by citizens
В экспертной среде есть мнение, что граждане Russia does not believe in the effectiveness of the work of the labor inspectorate and therefore they go there rarely enough. In addition, employers themselves sometimes feel unpunished for the law. Also, as analysts say, even if the Labor Inspectorate imposes a certain penalty 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 acknowledge the roleLabor inspections can be great in cases when it comes to massive violations of workers' rights. Then you need to apply to such instances, and this can have a tangible positive effect.
How to contact the labor inspectorate?
Any standardized forms for whichappeals of citizens or organizations must be compiled in the labor inspectorate, are not provided by law. The complaint can be made in any written form and sent by mail. The appeal must be reviewed within 30 days. 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);
- The name of the person who made the appeal, his address;
- the essence of the treatment with a description of the key facts that give rise to talk about the violation of labor rights, the address of the company-employer, telephone, personal data management.
An interesting fact is that citizens and legal entities do not necessarily refer to any laws that may violate the company-employer.
Personal visit
Alternative to contacting the labor inspectorate by mail -personal visit to this body. You need to come during business hours and have a passport with you. You can communicate with inspectors orally or by familiarizing them with certain documents. All the facts are recorded in the personal card of the citizen who applied.
Depending on the nature of the appeal, the answer maybe given immediately or later in writing. The law requires inspections to work with applicants in a strictly confidential manner. According to some lawyers, the labor inspectorate should not legally let the employer know that the inspection was initiated by someone from the staff.
