Why the Labor Code is too late to read before the GIT review
I did not include the Labor Code and other regulations necessary for registration of labor relations in the list of documents recommended for reading before checking the documents.
The professional in charge of HR documents uses these documents in the current work.
GIT checks are not related to current work, but if they cannot be avoided, it is worthwhile to study the legal framework governing their conduct in advance.
Knowing the content of the documents guided and referenced by the auditors, you can effectively protect the interests of your company.
So, what regulations are worth studying, how they will help prepare for the GIT inspection.
1. Administrative regulations for the implementation by the federal service for labor and employment of federal state supervision over the observance of labor legislation
Approved by Order of the Federal Service for Labor and Employment No. 160 of June 13, 2019, the latest revision, in which there are a lot of changes compared to the previous one, entered into force on October 22, 2019.
This document should be studied very carefully, it defines the procedure for the implementation of the GIT measures for federal state supervision, the timing and sequence of administrative procedures and the procedure for interaction with employers.
How the inspection is carried out, what documents and how the inspection requests, how the inspection results are drawn up, what are the duties and rights of the inspected and inspected – detailed information about this is in this document.
It is this document that is a detailed instruction for inspectors of the State Inspectorate, violation of the Administrative Regulations gives the right to appeal against the actions of the inspectors.
2. GIT Checklists
Checklists can be found in Rostrud orders.
Order of Rostrud dated 10.11.2017 N 655 On approval of checklists (lists of checklists)
Order of Rostrud of 11.04.2018 N 201 On amendments to the Order of the Federal Service for Labor and Employment of 10.11.2017
There are 133 sheets in total, but do not be afraid of their number, 22 of them are intended to check compliance with the requirements of labor legislation, the remaining 111 are used to check the requirements of regulatory enactments in the field of labor protection.
According to the Administrative Regulations, when conducting scheduled inspections, state labor inspectors use checklists, the subject of a scheduled inspection of all employers is limited to the list of issues included in the checklists, the order or order for a scheduled inspection specifies the details of the checklist that will be used during scheduled inspection.
According to the GIT inspectors themselves, the use of checklists causes them certain difficulties, since there is no method of using checklists, but there are sheets, they will have to be filled in during a routine check, so it will be useful to carry out a self-check using checklists so as not to I then had to introduce unresolved violations into them.
3. Order of the Ministry of Economic Development of the Russian Federation of April 30, 2009 N 141 “On the implementation of the provisions of the federal law” On the protection of the rights of legal entities and individual entrepreneurs in the exercise of state control (supervision) and municipal control “
In this document you will find a standard form of an order or order of a supervisory authority to conduct an inspection, a standard application form for the approval of the supervisory authority with the prosecutor’s office to conduct an unscheduled on-site inspection, a standard form of an inspection report of a supervisory authority, a standard form of a register of audits of a legal entity.
All these documents are mentioned in the Administrative Regulations.
If you do not have a check log yet, it is worth starting one using the standard form from the Order, despite the fact that there is no penalty for not having a check log.
The rest of the forms that the GIT will use when conducting inspections should be studied in order to understand what documents you will be introduced to during and after the inspection.
4. Code of Administrative Offenses of the Russian Federation (CAO RF)
It is definitely worth studying the articles that establish penalties for violation of labor laws and regulations in the field of labor protection, the procedure for the appointment and appeal of administrative punishment, the possibility of mitigating it, aggravating circumstances, the statute of limitations for liability, the possibility of reducing the amount of fines when imposing an administrative penalty.
If you think that any violation of labor law is threatened with a fine, then this is a delusion – in many cases, an alternative administrative punishment is a warning.
If you have studied the articles of the Administrative Code listed below, you will understand what punishment you may face for certain violations, whether it is possible to replace the fine with a warning or reduce its size.
Here is a list of articles of the Code of Administrative Offenses that are worth studying:
Article 2.9. The possibility of exemption from administrative liability in case of insignificance of an administrative offense
Article 3.4. Warning
Article 4.1. General rules for the appointment of an administrative penalty
Article 4.1.1. Replacement of an administrative penalty in the form of an administrative fine with a warning
Article 4.2. Circumstances mitigating administrative responsibility
Article 4.3. Circumstances aggravating administrative responsibility
Article 4.4. Appointment of administrative penalties for committing several administrative offenses
Article 4.5. Limitation period of bringing to administrative responsibility
Article 5.27. Violation of labor laws
Article 5.27. 1. Violation of the requirements of regulatory enactments on labor protection
Article 28.2. Protocol on an administrative offense
Article 30.1. The right to appeal against a decision in a case of an administrative offense
5. Resolution of the Plenum of the Supreme Court of the Russian Federation of March 24, 2005 No. 5 “On some issues arising from the courts when applying the Code of the Russian Federation on Administrative Offenses”
It is not worth spending time on the entire document, you need clause 14 in it, in which the Plenum of the Supreme Court explains what should be considered a continuing and non-lasting administrative offense.
According to Art. 4.5. Administrative Code of the Russian Federation The limitation period for bringing to administrative responsibility for a non-lasting violation is limited to 1 year.
If you violated the term for issuing a work book or paying vacation pay more than a year ago, you cannot be brought to administrative responsibility, since, firstly, the term has expired, and secondly, these types of violations cannot be considered continuing.
The Code of Administrative Offenses does not contain a definition of continuing and non-continuing violations, so if you suddenly have to challenge the actions of the State Inspectorate’s inspector, you will refer to this Resolution.
6. Regulations on federal state supervision over compliance with labor legislation and other normative legal acts containing labor law norms
Most of the content of this document is duplicated in the Administrative Regulations, but there are also differences, namely, the Regulations describe the procedure for classifying enterprises into a certain risk category, on which the frequency of scheduled inspections depends.
This document is worth studying to understand why your business was classified in a particular risk category, and whether it is possible to change this category, thereby reducing the frequency of scheduled inspections.
7. Federal Law on the Protection of the Rights of Legal Entities and Individual Entrepreneurs in the Exercise of State Control (Supervision) and Municipal Control N 294-FZ
This is a document that describes the general rules for the work of supervisory authorities and the rights and obligations of auditors and auditors. The content of this document is also largely duplicated in the Administrative Regulations, but it is still worth reading it fluently, since references to it are often found in the documents listed above.
8. Criminal Code
I hope that the actions of your company’s officials will not be qualified under articles of the Criminal Code, but if there are such risks, study articles 143, 144.1, 145 and 145.1 of the Criminal Code of the Russian Federation – knowing what violations of labor laws and requirements of regulations in the field labor protection will be considered a criminal offense, it will not be superfluous.
Do not limit yourself to reading articles with expert comments and attending personnel seminars – do not be lazy to read the regulations yourself.
Only a thorough knowledge of these documents will allow you to feel confident during inspections and effectively protect the interests of your enterprise.
I wish everyone successful completion of the GIT checks, although, of course, it is better without them!
Author: Denis Karandashev
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