What should the employer do if an employee has filed complaints with the Labor Inspectorate? First and foremost, the employer should make sure they are compliant, and to have that compliance documented, beforehand.
How are labor inspections regulated in Russia?
Federal Labor Inspectorate is part of Ministry of Labor and Social Protection of the Russian Federation. The ministry maintains state oversight and control to ensure that labor legislation is followed. This includes ensuring that workers' rights are observed – including the right to safe working conditions. In this capacity, the Federal Labor Inspectorate has the right to carry out inspections, which can be both scheduled and unscheduled, on the basis of requests or complaints made by employees.
How and for what purposes are labor inspections carried out?
By law, government labor inspectors have the right to carry out checks without hindrance on the basis of an inspection order. They may inspect both businesses and individuals who employ others. They have the right to request from the employer or government authorities any documents, explanations, and other information which are needed to fulfil its oversight and control functions.
Ask for the documents.
When the inspector arrives, it is advisable to ask for the inspection order, issued by the head or deputy head of the inspectorate. If after reviewing the documents, it appears that the inspection is lawful, the inspector should be granted unhindered access to all facilities.
And how to avoid claims by the Labour Inspectorate? What you need to do when hiring employees?
The employer must ensure that all personnel documentation is in order. This includes a signed employment contract, written in accordance with labor law. It also includes documentation of the employee's receipt of his or her copy of the contract. All changes to wages must be documented with supplementary agreements. The employer should check local regulations: internal labor department regulations, regulations on wages, bonuses, and other issues. All employees should be familiar with internal and legal regulations pertinent to the employee. Records of time worked and payroll receipts should be accurately maintained.
What are the possible outcomes?
Article 419 of the Labor Code provides for liabilities for violations of labor legislation and other normative acts for labor issues. Such liability includes criminal (Articles 143, 145, 145-1 of the Criminal Code) as well as administrative, disciplinary, and material.
Actions of the state labor inspector may be appealed. A complaint can be filed with either the head of the inspection, or to a superior organization, or in court.
Infractions repeated within a year are liable to higher fines and potentially the disqualification of the responsible party within the offending organization.
Translated by Alinga Consulting Group.
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