11.06.08

The Head of the Department for Supervision and Inspection for Labor Law Compliance of the Federal Labor and Employment Service (RosTrud) Igor Vorob’ev explained some details about labor inspections.

- Igor Anatolievitch, what companies are candidates for labor inspections in 2008?

- One of our main goals right now is the complete and final liquidation of back payments on salaries. Accordingly, companies backlogged on salaries will become first candidates for labor inspections.

In general RosTrud and its local offices schedule inspections in organizations, and sometimes in an industry sector as a whole, where, according to analysis, the most flagrant violations take place. Our schedule also includes companies with higher levels of industrial injuries, companies where the last inspection was held over 2 years ago, and for small business enterprises who registered with the government more than 3 years ago.

- Our readers noticed that in 2007 labor inspectors most often visited companies with foreign employees. Will foreigners remain the focus in 2008?

- In the last few years, the Russian government has taken active measures to bring order to the sphere of immigrant labor. That’s why companies employing foreigners were scheduled for inspections in 2007. We will continue our work in this direction in 2008.

- Besides scheduled inspections there are also unscheduled checks by labor inspectors. What is the purpose of these checks?

- Unscheduled checks are conducted by labor inspectors based on a employee’s complaints against their employer. These inspections are usually focused on one specific aspect of labor legislation, such as salary disputes with former employees. Scheduled checks are all-inclusive inspections of how employers observe all aspects of labor legislation.

- Is every employee’s complaint followed by an unscheduled check?

- Yes, unscheduled checks are appointed for every appeal from a worker regarding a violation of his labor rights.

- Are there more scheduled or unscheduled inspections?

- There are a lot more unscheduled checks.

- What do employees complain about the most?

- Most of the time people complain about salary payments, work hours and time off, labor agreements, mandatory provision of work clothes, shoes, and other means of individual protection.

- How far in advance is an employer notified about an upcoming inspection?

- An inspector has a right not to notify the employer about the inspection if it may compromise the effectiveness of the inspection. When inspectors do notify employers, it is usually done a month in advance for scheduled checks, and a week in advance for unscheduled checks.

- According to the law, certain violations of labor legislation may be punished by suspension of company’s operations. What companies may be subject to it?

- Administrative suspension of company’s operations for up to 90 days is prescribed by Article 5.27 of the Administrative Offense Code. It is applied in cases when company’s activity may be harmful to people’s life and/or health.

- How often do labor inspectors issue fines to chief accountants?

- Chief accountants are held liable for violations of labor legislation, but we do it much less frequently than for senior managers.

- Could you give an example when this could happen?

- When chief accountants are proven guilty as in their capacity as executive officers. Most of the time, it is related to withholding salaries or other payments to an employee upon their dismissal, or to unlawful salary deductions.

- Tax inspectors aim at highest possible additional charges for every audit check. Do labor inspectors strive for maximal fines?

- No. Labor inspectors fine companies at every check. Often inspectors detect violations but do not impose fines, but instead issue a directive to correct the violation.

- Do you have statistics available on this subject?

- Yes. During 2007 labor inspectors checked over 230,000 organizations and detected approximately 1,855,000 administrative violations, - roughly in every other inspected case.

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Source: "Клерк.Ру"