List of employers by risk categories Rostrud. Lists of organizations classified as high and significant risk

From January 1, 2018, supervisory authorities are required to use checklists when inspecting businesses. These are lists of questions, topics and parameters that are being checked.

Each authority approves sheets for its area. For example, Rostrud checks according to its lists, Roszdravnadzor and Rospotrebnadzor - according to theirs. Checklists can be found in advance: they are officially published and are in the public domain.

Where to find them

The government has approved general requirements for checklists. Based on these requirements, each department develops its own list of questions. Checklists are always officially published. They are easy to find on the website of the desired department.

There are checklists that apply to all businesses: for example, Rostrud has questions about registration of employees, payroll and dismissal. The same department has checklists for certain industries: bridge repair, gas welding, bread baking or printing houses. Even for operating a bulldozer, Rostrud has a separate checklist. Because of this, it seems that there are a lot of sheets - as many as 107 - and as if they all need to be studied. Most companies will need less than ten to prepare for the inspection. The main checklists for checking labor laws are at the beginning of the list.

How to use

During a scheduled inspection, it is known in advance which checklist will be used to conduct it. The entrepreneur will be able to take this sheet and conduct a self-test. All questions are clear, for each there is a link to a regulatory document. You can immediately see what documents need to be drawn up and what to notify the employee about, so that the inspector ticks the “yes” box - this means that the requirements are met.

Why checklists won’t help everyone

Checklists are not used by all businesses. There is a gradation according to the degree of risk and type of activity. For example, Rostrud now uses its checklists only for businesses with moderate risk. If the risk is low, there are no scheduled checks at all, but for the rest, checklists will go into effect from July 1, 2018. You can find out your risk class through a request to Rostrud.

Checklists are used only for routine inspections. And only those departments where they are approved. In case of an unscheduled inspection, checklists will not save you. The questions may be the same, and the same documents will be required, but inspectors are not required to strictly adhere to the questions from the checklist.

The labor inspectorate may suddenly come in with an inspection based on a complaint from a dismissed employee and decide to check why your employees are registered as individual entrepreneurs. Referring to the list of questions on the checklist is of no use.

How to use checklists to benefit your business

Using your TIN you can check who will be checking you this year and whether a specific authority will be checking you. Find out the date, type and topic of the inspection.

If you are on the inspection plan, find out whether the inspectors have approved the checklists and on what topics. Find questions and prepare.

If a scheduled inspection does not threaten you, still check yourself at least using the basic checklists of Rostrud or Rospotrebnadzor. Some documents cannot be drawn up retroactively - when you are included in the inspection plan, it will be too late to correct the errors.

Use checklists to check with your lawyer, accountant or HR person. Ask any question from the list or ask to see documents for a specific item. This can be done with a full-time specialist or an outsourcing company. You will learn a lot of interesting things and calculate how much you will lose on fines.

Hospitals are the most common on the list of significant risk organizations!

The official website of the Federal Service for Labor and Employment (Rostrud) provided information about 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 current data using the links below:

Finding the desired region is not entirely convenient, because... not all of their names are in alphabetical order. The information is presented in tabular form in Excel format. The full name of the organization, INN, OGRN, location, place of activity of the legal entity, risk category are indicated.

The placement of this type of information on the Internet is regulated by Decree of the Government of the Russian Federation of September 1, 2012 N 875 (as amended on February 16, 2017) “On approval of the Regulations on federal state supervision of compliance with labor legislation and other regulatory legal acts containing labor law norms.”

If the employer is not on both lists, then the risk category of its activities is not higher than average. You can find out more about this in Rostrud by submitting an official request. The inspection 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 moderate risk category - no more than once every 6 years;
for the low risk category - no scheduled inspections are carried out.

The potential risk indicator is calculated using the methodology from the Appendix 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 on information on wage arrears for the previous year. Let us add that if there has been at least one fatal accident at work within 3 years, 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 no higher than average, a blissful period of inspections has begun every 5 years or less. However, previously the upcoming inspection every 3 years kept the employer on its toes. Now the intensity of passions will noticeably decrease. And this will primarily affect connivance in the field of compliance with labor protection requirements at enterprises.

Judging by the calculation period of indicators for determining potential risk, the enterprise’s risk category will be updated once 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 share of all organizations whose activities are classified as a significant risk are hospitals. And this is clearly not the norm. Either the methodology for classifying organizations into this category is imperfect, or something urgently needs to be changed in the labor protection of domestic healthcare.

HR specialists and their managers will be interested to know that Rostrud has published on its website lists of employers that labor inspectors will check more often than others. This list includes organizations with a high risk category.

What's happened?

Rostrud published on its website lists of organizations in respect of which labor inspectors will conduct inspections more often than others. Officials note that the frequency of inspections depends on the risk category of employers' activities. The higher the risk, the more checks. There are two such lists of “unreliable organizations”:

a list of employers whose activities are classified as high risk;
list of employers whose activities are classified as a significant risk.

How to find out your risk category?

In order to find out the risk category assigned to an organization, its manager or personnel officer must go to the main page of the official website of Rostrud and find the “Inspection Plans” tab there. Next, you need to find your region of the Russian Federation in one of the two categories listed above and see if the name of the organization is in the list. Those employers who are on the list with a high risk category can expect scheduled inspectors once every two years, and those employers who have received the status of a significant risk category - once every three years. At the same time, all employers that the State Tax Inspectorate is going to inspect this year must be included in the Consolidated Plan of Scheduled Inspections of Legal Entities and Individual Entrepreneurs for 2018, which is also posted on the official website of Rostrud.

What should employers do?

If the management of an organization does not agree with the risk category assigned to it, it has the right to apply to the labor inspectorate with a request to revise this category.

On its website, Rostrud has posted an approved list of employers who are considered high risk.

They will come to them for scheduled checks.

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 and the Prosecutor’s Office on issues of paying off 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 filed.

How inspections will be carried out from 2018

From 2018, labor inspection inspections will be carried out according to fundamentally new rules.

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

Changes were made to Resolution No. 875 of September 1, 2012, regulating labor supervision issues.

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

For routine inspections of employers classified as moderate risk, checklists will be used from January 1, 2018, and from July 1, 2018 - for routine inspections of all employers.

Where can I see the 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.

For example, this is what a sheet with questions about employment contracts looks like. Click on the picture, it will enlarge.

The use of a risk-based approach is provided for in Art. 8.1, Government Decree No. 801 dated 07/05/2017. ROP is a method of organizing supervision, within the framework of which the severity of inspections by regulatory authorities depends on the risk category of the organization being inspected. Employers are assigned a hazard class. The severity of the results of non-compliance is taken into account.

When conducting inspections, an approach is used in which close attention of the inspection authorities is paid to potentially troubled enterprises. Thanks to this, the number of checks against bona fide employers is reduced.

How to assess the risk of harm to workers

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

How to find out the risk category of an enterprise GIT

Risk category of an enterprise - how to determine: the value of the indicator of the potential risk of harm to legally protected values in the sphere of labor (P) can be calculated using the formula specified in clause 24 of the Government of the Russian Federation of September 1, 2012 No. 875. The formula is as follows:

P = T + Ku,

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

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

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

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

How can an employer know about the frequency of inspections?

How often will scheduled inspections be carried out depending on the classification of the enterprise into a particular category? According to the Letter of the Ministry of Labor of the Russian Federation dated April 12, 2017 No. TZ/1330-11-2, the sequence is as follows:

Organization's risk category: where to look

Rostrud posted a list of employers by risk category on the official website. Enterprises belonging to high and significant risk categories will be inspected first. According to Rospotrebnadzor, 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 company’s management does not agree with the risk category assigned to it, it can contact the labor inspectorate with an application for revision.

What to expect for conscientious entrepreneurs

According to officials' promises, employers who have no 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 following a complaint from workers, inspectors may come to the enterprise to conduct an unscheduled inspection.

What are checklists

Starting from 2019, inspectors will monitor employers’ compliance with labor laws using checklists.

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

For scheduled inspections of employers classified as moderate risk, checklists are used from 01/01/2018. From 06/01/2018 they will be used during routine inspections of all employers.

About violations detected during inspections

The violations identified during inspections are of a diverse nature. You need to understand that for non-compliance with labor legislation, the employer will have to bear responsibility in accordance with the Code of Administrative Offenses of the Russian Federation. Let's look at what the most common violations promise:

For example, evasion of concluding an employment contract with an employee entails a fine (part 4):

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

Delaying wages or setting an employee’s salary at an amount 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;
for an enterprise - from 30,000 to 50,000 rubles.

To avoid administrative liability, we recommend that employers comply with labor laws and avoid violations in the field of labor relations.

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