Where to download Rostrud checklists for free

In order to ensure greater certainty and predictability of the results of control and supervision activities of state bodies, to increase the level of guaranteeing the rights of those being checked, checklists are being introduced, which, based on Part 11.3 of Art. 9 of the Law “On the Protection of the Rights of Legal Entities…” dated December 26, 2008 No. 294-FZ (hereinafter referred to as Law No. 294-FZ), are lists of questions, the answers to which accurately indicate the presence / absence of the violations being checked.

More than 100 such lists are defined in relation to control over compliance with legal regulation in the sphere of labor by the order of Rostrud “On approval of checklists…” dated November 10, 2017 No. 655 (hereinafter - Order No. 655).

These checklists have been prepared both to test issues related to the activities of the widest possible range of companies (for example, sheet No. 1 - to supervise how employment is processed), and to control in narrower areas (for example, sheet No. 29 - to control compliance with the safety of work during loading and unloading operations).

You can download the checklists of Rostrud for free on the official website of Rostrud at the link: Checklists for state supervision of compliance with labor laws.

Legal the basics of conducting checks using checklists

Checklists of Rostrud - 2018 are compiled on the basis of existing laws and by-laws. The legislative basis is the provisions of the previously mentioned law No. 294-FZ (in particular, part 11.3, article 9).

Among the main documents of a by-law nature that establish the procedure for adopting lists and directly the powers of control bodies in the field of labor regarding the introduction of verification questionnaires include General requirements ..., approved. Decree of the Government of the Russian Federation of February 13, 2017 No. 177, and regulation, approved. Decree of the Government of the Russian Federation of September 1, 2012 No. 875 (in particular, paragraphs 2, 3, 4, paragraph 8).

The legislator has established differentiated terms for the introduction of questionnaires. Labor inspection checklists are applied as follows:

• from February 4, 2018 (date of entry into force of Order No. 655) - in relation to control measures in relation to companies classified as moderate risk;
• from July 1, 2018 - in other cases (clause 2 of the Decree of the Government of the Russian Federation “On Amendments to the Regulations on Federal State Supervision ...” dated September 8, 2017 No. 1080).

According to part 11.5 of Art. 9 of Law No. 294-FZ, the completed questionnaire is an annex to the act drawn up based on the results of planned control measures.

So, from 07/01/2018, the state labor inspectorate applies checklists in full. You can download control questions on the official website of Rostrud at the link provided in this article. The completed sheets will be annexes to the acts that complete the execution of the planned control measures.

The use of a risk-based approach is provided for by Art. 8.1, Government Decree No. 801 dated July 5, 2017. ROP is a method of organizing supervision, in which the severity of inspections by regulatory authorities depends on the risk category of the organization being audited. Employers are assigned a hazard class. This takes into account the severity of the results of non-compliance.

When conducting inspections, an approach is used in which the close attention of inspection bodies is paid to potentially disadvantaged enterprises. Due to this, the number of checks against conscientious employers is reduced.

How the degree of risk of harm to workers is assessed

According to the ROP, there are the following risk categories for Rostrud enterprises:

How to find out the risk category of an enterprise GIT

Enterprise risk category - how to determine: the value of the indicator of the potential risk of harm to legally protected values ​​in the field of work (P) can be calculated using the formula specified in paragraph 24 of Decree of the Government of the Russian Federation of September 1, 2012 No. 875. The formula is as follows:

P \u003d T + Ku,

• T is an indicator of the severity of potential negative consequences of a possible non-compliance by organizations or individual entrepreneurs with mandatory requirements;
• Ku is the stability coefficient of the conscientious behavior of organizations or individual entrepreneurs related to the fulfillment of mandatory requirements.

A Ku is calculated for each employer based on the following indicators:

• the presence of accidents;
• fact of salary arrears;
• existence of the fact of imposition of administrative penalties.

To understand for what violations the organization was assigned a particular degree of risk, and hence the frequency of inspections, employers can use a special memo of Rostrud.

How to find out the employer about the frequency of verification

How often will scheduled inspections be carried out depending on the assignment of the enterprise to one or another category? According to the Letter of the Ministry of Labor of the Russian Federation of April 12, 2017 No. ТЗ / 1330-11-2, the sequence is as follows:

Organization risk category: where to look

Rostrud posted a list of employers by risk category on the official website. First of all, enterprises belonging to the categories of high and significant risk will be checked. According to Rospotrebnadzor, the risk categories of this level are the most unfavorable (violations are recorded again and again). You can find out if your organization is on their list on the Rostrud website.

Note: if the management of the company does not agree with the risk category assigned to it, it can apply to the labor inspectorate with a request for revision.

What can conscientious entrepreneurs expect?

According to the promises of officials, employers who do not have violations will not be checked. But in order not to attract the attention of regulatory authorities, they should not relax: they must report in a timely manner and submit various documents. You also need to remember that, upon a complaint from workers, inspectors may come to the enterprise to conduct an unscheduled inspection.

What are checklists

From 2019, inspectors will monitor compliance with labor laws by employers using checklists.

In checklists, approved. Order of Rostrud No. 655 dated November 10, 2017 (entered into force on January 1, 2018) will contain control questions that need to be answered. Each sheet is devoted to a particular subject of discussion: the correctness of contracts, the work and rest schedule of employees, the employment of persons with disabilities, etc. You can familiarize yourself with the sheets on the website of the Federal Service for Labor and Employment.

During scheduled inspections of employers belonging to the category of moderate risk, checklists are applied from 01/01/2018. From 06/01/2018, they will be used during scheduled inspections of all tenants.

On violations detected during inspections

The violations revealed during inspections are diverse. It must be understood that for non-compliance with labor legislation, the employer will have to be held liable in accordance with the Code of Administrative Offenses of the Russian Federation. Consider what the most frequent violations promise:

For example, evading the conclusion of an employment contract with an employee entails a fine (part 4):

• for legal entities - from 50,000 to 100,000 rubles.

The delay in wages or the establishment of a salary for an employee in the amount of less than the minimum wage entails a warning or a fine (part 6):

• for officials - in the amount of 10,000 to 20,000 rubles;
• per enterprise - from 30,000 to 50,000 rubles.

In order to avoid bringing to administrative responsibility, we recommend that employers comply with labor laws and prevent violations in the field of labor relations.

Express your opinion about the article or ask the experts a question to get an answer

On its website, Rostrud posted an approved list of employers that are at high risk.

They will come with scheduled inspections.

Search for yourself by region, an Excel file will open, where companies are listed by TIN and name.

What is a risk-based approach

Employers are divided into risk categories. The risk-based approach to inspections has been used by Rostrud since March 1, 2017.

Companies that are on the high-risk list will be subject to a scheduled inspection every 2 years.

Who do labor inspectors team up with?

Recently, the head of Rostrud, Vsevolod Vukolov, said that his department is working closely with the Investigative Committee, the Prosecutor's Office on the repayment of wage arrears.

In 2016, 697 criminal cases were sent to the courts for non-payment of wages. In the first half of 2017, 402 criminal cases were sent.

How audits will be carried out from 2018

From 2018, labor inspections will be subject to fundamentally new rules.

Inspectors will monitor compliance with the Labor Code in organizations and individual entrepreneurs according to checklists. Resolution No. 1080 of September 8, 2017 was signed by Dmitry Medvedev and published on the Government website.

Amendments were made to the Decree of September 1, 2012 No. 875, which regulates the issues of supervision in the sphere of labor.

When conducting control, checklists must be used, and the subject of a scheduled check is limited to the list of questions included in these sheets. That is, in theory, labor inspectors will not be able to ask any other questions.

During scheduled inspections of employers belonging to the category of moderate risk, checklists will be applied from January 1, 2018, and from July 1, 2018 - for scheduled inspections of all employers.

Where to see checklists

The Federal Service for Labor and Employment published 50 checklists on its website.

All sheets can be downloaded in Excel format.

Each sheet is on some issue: the correctness of employment contracts, the working hours of employees, the employment of disabled people and women with children, for example.

This is how, for example, a sheet with questions about employment contracts looks like. Click on the picture, it will enlarge.

Hospitals appear most frequently on lists of significant risk organizations!

The official website of the Federal Service for Labor and Employment (Rostrud) provided information on legal entities or individual entrepreneurs whose activities are classified as high and significant risks. The data is ranked by region. We invite our readers to familiarize themselves with these relevant data using the links below:

Searching for the desired region is not very convenient, because. not all of their names are in alphabetical order. Information is presented in tabular form in Excel format. The full name of the organization, TIN, PSRN, location, place of business of the legal entity, risk category are indicated.

The placement of this kind of information on the Internet is regulated by Decree of the Government of the Russian Federation of 09/01/2012 N 875 (as amended on 02/16/2017) "On approval of the Regulations on federal state supervision of compliance with labor laws and other regulatory legal acts containing labor law norms".

If the employer is not in both lists, then the risk category of his activity is not higher than the average. More information about this can be found in Rostrud by submitting an official request. The Inspectorate is obliged to respond no later than 15 working days from the date of receipt of the request.

• for the high risk category - once every 2 years;
• for the significant risk category - once every 3 years;
• for the medium risk category - no more than once every 5 years;
• for the category of moderate risk - no more than once every 6 years;
• for the low risk category - scheduled inspections are not carried out.

The potential risk indicator is calculated according to the method from the Annex to the above Resolution. It depends on industry indicators of potential harm, the average number of employees of the organization, data on the results of inspections and information on injuries for the 3 years preceding the current one, as well as information on wage arrears for the previous year. We add that if for 3 years there was at least one fatal accident at work, a high risk category is automatically assigned.

This measure is not as optimistic as it seems. On the one hand, for enterprises with a risk category not higher than the average, a favorable period of inspections has come once every 5 years or less. However, before the upcoming inspection every 3 years kept the employer in good shape. Now the intensity of passions will noticeably decrease. And this will primarily affect the connivance in the field of compliance with labor protection requirements at enterprises.

Judging by the calculation period of indicators for determining the potential risk, the risk category of the enterprise will be updated every 3 years. However, the employer, as before, is not insured against unscheduled inspections during this period.

Separately, it is worth noting that an impressive proportion of all organizations whose activities are classified as significant risk are hospitals. And this is clearly not the norm. Either the methodology for classifying organizations in this category is imperfect, or something urgently needs to be changed in the labor protection of domestic health care.