Who checks employment? Inspection of the employer by the labor inspectorate

Before agreeing to a job offer, you need to check the employer and draw up a detailed portrait of him. The Raboty.ru expert will tell you what information you need to know about the company and what ways to get it.

Vera Ignatkina,
editor-in-chief of the information and legal portal "Garant.ru"

Study the "black lists" of employers.

Method No. 1

Read reviews about the company. On the Internet you can find many sites with “black lists” of employers. I won’t provide specific links - just type the query in the search bar and get dozens of resources with reviews of companies.
If you find negative reviews about a future employer, do not rush to put an end to employment. Firstly, the opinion can be written by dissatisfied employees with whom the employer parted ways on his own initiative. Secondly, you can become a person who will change the situation in the company for the better. Thirdly, negative statements can be left by competitors - the goal is clear: to scare off promising candidates in order to minimize the success of a competitor.

Additional information can be provided by people who work or have worked in the company you are interested in. When communicating with people, you should not blindly trust their reviews - rely on your intuition. I know of a case where a lazy, uninitiated employee spoke negatively about one company, saying that “the activity there is like in a swamp...”. The applicant who was interested in his opinion, despite the bad review, decided to get a job at the company and was right: by the end of the probationary period, he managed to launch a successful startup, which he “out of nothing to do” proposed to the management.

Checking “blacklists” is a popular method of checking employers, but it is controversial. Ask a search engine the query “writing online reviews for money” and you will understand the ambiguity of this method.

Collect information about the state of affairs in the company.

Method number 2

If relations with staff characterize the internal world of the company, then with clients, contractors, partners - the external one. To understand how things are going in the company, interview your acquaintances and friends, become a client of the company (place one or two orders). Why is this necessary? Let's say you get a job as a sales manager, and the Internet is full of negative reviews about the customer service policy: poor quality goods are sold at inflated prices, replacement under warranty is difficult, parts for repairs arrive two months after the order. Will you be able to sell a lot of products and still keep your nerves in order?

There are signs by which one can draw disappointing conclusions about the state of affairs in the company:

• you cannot get through to the number listed on the website or you are constantly switched from one employee to another, asking you to wait (listen to a wonderful melody). And this disgrace continues for more than 10 minutes;
• you cannot find the company at the specified address. And the reason is not your topographical abilities, but that the HR manager mixed up the building number or there is no sign on the building at all, and the office is in the attic, which you need to climb up the fire escape;
• in the office you are greeted by chaos or, conversely, silent silence.

Check the employer on the electronic service of the Federal Tax Service of Russia.

Check the judicial history of the future employer.

Method No. 4

Take a look at the file of arbitration cases, which contains information on both completed court cases and cases in progress, and also look for court decisions in legal reference systems. This can often be done for free. To search, the company name will be enough.
It will be useful to find out whether the employer is a plaintiff, a defendant, a third party, on what grounds and what is the outcome of the case. A large number of disputes in a short period will obviously indicate poorly organized business processes in the organization and a tarnished reputation.

Hello! Today we will discuss what an inspection by the labor inspectorate is, what violations it reveals, and what the employer faces if he breaks the law. An audit from the tax office is the second most popular after the tax audit.

If you have at least one hired employee, be prepared that you will be checked for compliance with labor laws and labor protection standards. But, as they say, forewarned is forearmed. Undesirable consequences can be avoided if you know when, how they will check, and how you can prepare.

The procedure for conducting an inspection by the labor inspectorate

The entire verification process consists of several stages:

1. Alert. The inspectorate notifies the employer of a planned on-site or documentary inspection no later than three days in advance by sending him a copy of the inspection order against signature. For its part, the person being inspected has the right to request complete information about the authorities and their employees who will carry out the inspection, and regulations with a detailed procedure for control activities. Even about an unscheduled inspection, the entrepreneur must be warned by letter a day before it begins.
2. Document verification, on-site inspection by labor inspectorate. Typically, an inspection begins with a request for copies of documents of interest to the inspection, but it happens that an on-site inspection is carried out first. The inspector must begin work by presenting an individual identification card and an inspection order, which you previously received as a notification. Only the inspection carried out by the person specified in the order to conduct the inspection will be legal.

Maximum scan duration:

1. Based on the results of the inspection, two copies of the report are drawn up. In rare cases, the report is drawn up immediately at the employer; most often, the person being inspected is called to the inspectorate to complete the documents.
2. If the inspector finds violations(it’s sad, but this happens in most cases), then he will issue an order containing:

• Description of the violation and date of its commission;
• Link to the relevant law;
• Deadlines for eliminating violations. If a repeat inspection shows that the violations have not been eliminated, the company faces administrative liability.

According to the law, the results of the inspection can be appealed.

Boundaries of what is permitted

What do labor inspectors have the right to do, and what actions are beyond the scope of their job descriptions?

The powers are specified in detail in Government Resolution No. 875, but here are the main ones:

1. Check the employer at any time of the day. However, a prerequisite is the presence of a certificate and an order;
2. Receive papers and data for verification, both from the employers themselves and from federal or territorial authorities;
3. Take samples of substances for analysis. Only if the corresponding act is drawn up;
4. Investigate accidents that may have been caused by violations of labor safety standards;
5. Submit instructions to eliminate violations. Even the removal of certain persons from work. The employer has no right to refuse to fulfill them;
6. In extreme cases, submit a demand to the court to terminate the company’s activities;
7. Participate in litigation as an expert.

Please note that in 2019 inspections will take place in a new format, which was established by Government Decree No. 1080 of September 8, 2017. The powers and procedures of inspectors remain the same. The changes affected the audit results. Now they will be entered into checklists, which are grouped by topic. One sheet - one topic.

Take, for example, an employment contract. The inspector has the right to ask the employee whether he has entered into an employment contract with the company. If it turns out that it is not, and this is confirmed during the inspection, the contract was not presented by the company management upon request, a violation is entered into the checklist. All identified violations must be documented, so that later there are no disputes or disagreements with the results of the inspection.

In essence, checklists are a kind of questionnaire - a guide, according to which the inspector asks questions within the framework of a certain topic of the checklist, and upon receiving answers, requires them to be documented. A total of 132 checklists have been approved, but this does not mean that they will all be completed. In each specific case, the inspector, based on the company’s activities, decides independently which sheets to use and which not. What is noteworthy is that he does not have the right to check more than what is indicated in the checklists.

Inspectors cannot:

1. Request information and samples that are not related to the object of inspection;
2. Seize the originals of any documents.

Grounds for inspection by the labor inspectorate

Inspections by the labor inspectorate, like most other inspections, can be scheduled or unscheduled.

Any organization can be subject to a scheduled inspection by the labor inspectorate; more compelling reasons are needed for an unscheduled inspection.

So, the reason for an inspection can be:

1. A scheduled inspection may be based on one of the following reasons:

• The employer registered or started doing business 3 years ago;
• The previous inspection ended 3 years ago.

According to the moratorium on inspections of small businesses in Russia, until the end of 2018, enterprises covered by the law were exempt from scheduled inspections by the labor inspectorate. Currently, the Ministry of Economic Development and the Prosecutor General, on behalf of the Government, are developing amendments to the legislation providing for the extension of this moratorium until 2022.

The inspection schedule for 2019 has already been presented on the website of the Prosecutor General's Office.

1. The impetus for an unscheduled inspection (there are no restrictions on the frequency of such inspections by law) can be:

• Expiration of the deadline for fulfilling the order from the last inspection;
• Issue of an order based on instructions from the prosecutor's office;
• Delay by the employer of wages, as well as payment of them not in full;
• Payroll below the minimum required by law;
• Violation of the Labor Code of the Russian Federation, causing a threat to the health of employees;
• Receipt of complaints from employees about violation of their rights specified in the Labor Code of the Russian Federation or requests to check working conditions (the inspectorate does not consider anonymous requests, but it must act confidentially, without advertising whose complaint the inspection was organized for).

What does the labor inspectorate check?

Compliance with any labor legislation at the enterprise is subject to verification.

The labor inspector has the right to request (and you will be required to provide) the following documents:

1. Employment contracts, personal cards of employees and other data about them;
2. Work books of employees at the enterprise and their accounting log;
3. Work schedule and time sheet for hours worked;
4. Sick leave certificates, documents on medical examinations of employees;
5. Vacation schedule, as well as other documents related to it (employee statements);
6. Calculation sheets;
7. Accounting statements, individual employee accounts and other information on employee payments;
8. Company charter and internal regulations;
9. Registration of work with citizens of other states and beneficiaries;
10. Regulations on wages, bonuses, and personal data of employees;
11. Evidence (personal signatures) that all employees are familiar with the above documents.

The exact list of documents for inspection by the labor inspectorate depends on the basis for its conduct.

How to prepare for a labor inspection inspection

The most common violation that entails a fine for the employer is the lack of all necessary documents.

Local acts are mandatory for every organization, even the smallest one, with hired employees. For example, this is a set of internal regulations, regulations on personal data of employees.

It is also mandatory to issue a payslip (payment via bank transfer is no exception) - they do not have to be issued against signature, but employees should be aware of their right to know the payment made for the month. If desired, the employer has a way to insure itself by maintaining a log of the issuance of pay slips.

The employer must keep work books for all employees in a safe.

Employers often make inaccuracies in the preparation of basic documents. For example:

• The wage rate is not specified;
• The copy of the employment contract (any other document) belonging to the employer does not bear the employee’s signature;
• The vacation schedule was signed later than 14 days before the start of the calendar year.

In addition to documents, you should also take care of compliance with all labor law standards. Timely certification and safety of employees in their workplace are very important. Whether special clothing or accessories are required for workers, protective masks or gloves, and much more depends on the type of work they perform.

Other common mistakes:

• Annual leave is divided into small parts, and none of them reaches 14 days;
• Salary is below the minimum wage;
• The salary amount is not indicated in Russian rubles;
• Salaries are paid less than once every 15 days, and there is no written consent of the employee to such a payment schedule;
• Hiring foreign citizens under a fixed-term contract before the expiration of the work permit. To avoid administrative liability with foreign citizens, it is better to enter into standard open-ended contracts.

Fines from the labor inspectorate

If the labor inspector reveals violations, then first of all the employer will be given an order. Failure to eliminate all points of the order may result in suspension of activity or a fine.

Depending on the violation, a fine may be imposed on the company itself, its director, individual entrepreneur, or responsible persons (this may be the head of the personnel department or the chief accountant), if this is provided for by the company’s rules.

The most common fines areissued by the labor inspectorateV2018 year:

Administrative investigation by the labor inspectorate

The labor inspectorate visits the enterprise with an inspection to monitor compliance with the law, but if the inspector carries out work to establish and record violations on the part of the employer and bring the violator to justice in accordance with the Code of the Russian Federation on Administrative Violations, then we are talking about an administrative investigation.

The decision to initiate an investigation is made by the Rostrud employee himself or by an employee of the state labor inspectorate.

An investigation is initiated in the following cases:

1. As a result of an inspection that revealed violations. But before starting an investigation, the inspector is obliged to obtain explanations from the person suspected of violation, testimony from witnesses and victims (if any), then formally request information to resolve the case;
2. As a result of receiving a complaint against the employer or a message containing sufficient data to suspect the employer of an administrative violation.

The document initiating an investigation is called a determination. Within 24 hours after its preparation, a copy of the document is provided to the employer and the victim against receipt.

The text of the definition contains:

1. Date and place of its compilation;
2. Full name, position of compiler;
3. Reason for initiating an administrative case;
4. Testimony of witnesses and other possible evidence of the offense;
5. The corresponding article of the Code of the Russian Federation on administrative offenses;
6. A record of explaining to the participants in the investigation their rights and responsibilities.

The investigation lasts no more than a month from the date of initiation of the case, and can be conducted either by the inspector who conducted the previous inspection or by another state labor inspector.

Further developments depend on the results of the investigation.

If the violation is not confirmed- the inspector makes a decision to terminate the case.

If the violation has been proven- the inspector draws up a protocol on an administrative offense. Within 15 days, the case will be reviewed by the state labor inspectorate; in rare cases (usually if the violation was repeated), the inspector will refer the case to court.

The completion of the investigation will be the issuance by the inspectorate or court of a decision to impose an administrative penalty or to terminate the case.

The employer has many responsibilities, and therefore problems. One of the most important is inspections by regulatory authorities. They distract you from performing your main tasks and throw you off your rhythm. Let's figure out what the labor inspectorate checks during a scheduled inspection, so that people can prepare and not worry in vain. There are many documents regulating the relationship between the administration and the employee. But if you understand the logic of the process, you won’t get confused.

What does the labor inspectorate check during a routine inspection?

It is proposed to investigate based on the competence of this government body. It was created with the aim of identifying and suppressing violations of legislation in the field of labor relations. inspections are extensive. Specialists should provide all documentation available at the enterprise regarding the relationship between the employee and the administration.

The inspection begins with the examination of employment contracts and assessment of their compliance with the law. It is recommended that you check these documents first. If there are shortcomings in them, adjustments should be urgently made and additional agreements should be concluded with people.

There is a definite advantage in the construction of the work under consideration. The Labor Inspectorate does not hide the inspection plan. She is obliged to familiarize with it those organizations that are in the field of her attention in the current period. As a rule, a company receives a letter with information about an upcoming event. Workers have time to prepare.

Inexperienced specialists are trying to find out what the labor inspectorate checks during a routine inspection. We will help them based on our accumulated experience and legislation.

How is a labor inspection inspection organized?

A scheduled inspection can take place in two ways. The instructions of the labor inspectorate state that control takes place both on-site and in documentary form. In the first case, the inspector goes to the enterprise and sorts out the papers there. In the second, everything necessary should be provided to the government agency.

Of course, personnel officers are more fond of, so to speak, documentary checks. Fewer problems with “curious” inspectors. However, you should be prepared in any case. The audit affects not only the personnel department of the enterprise. Its specialists are required to assess compliance with legislation in the field of accrual and payment of funds to employees. Consequently, the accounting department will also have to take part in inspection activities, provide documents, personal accounts, defend their point of view, explain if errors are identified, and so on.

Who is subject to scheduled inspection?

The legislation is written in such a way as to protect enterprises from unjustified interference by regulatory authorities. It directly prohibits the labor inspectorate from working with certain organizations. To be included in the inspection plan, it is necessary that at least three years have passed since:

• last control event;
• state registration;
• the beginning of actual activities.

That is, the administration has enough time to organize work in strict accordance with the law, eliminate existing errors, and understand the subtleties and nuances.

In addition, scheduled inspections are different: comprehensive and thematic. During the latter, only part of compliance with labor legislation is monitored. Usually, the enterprise receives a message about what the labor inspectorate checks during a scheduled inspection in a particular case. That is, the theme of the event is stated to avoid unnecessary fuss.

The initial stage of organizing inspections

Let us reveal the work procedure within the inspection regarding enterprises. At the end of the year, a plan for the next period is drawn up. All organizations do this. The Labor Inspectorate should formulate a schedule of inspections before the beginning of next year. It includes the enterprises to which specialists will be sent, the topics and timing of the events. This document is subject to legal analysis for compliance with current legislation. Once approved, changes are rarely made. This requires compelling reasons. It should be noted that the labor inspectorate of the Russian Federation is a state enterprise. “Amateur activities” are not allowed there; everything must be clearly within the legal framework. Before the inspection itself, the manager issues an order. This paper reflects:

• name and details of the enterprise;
• the official who is entrusted with performing the work;
• timing and topic of control activities.

Let's move on to reviewing the documents that need to be prepared.

Regulatory acts

First of all, the inspector will check whether employment contracts with employees are drawn up correctly. They should be reviewed in advance for compliance with the law. If you find any shortcomings or gaps in the texts, it is recommended to draw up additional agreements.

Then the inspector will move on to studying personnel orders. See if all the familiarization signatures have been signed by the employees. Their absence is a typical mistake.

When applying for a job, a person must provide a whole package of documents. They are determined by the relevant regulations. If your company has requirements for the qualifications and education of workers, make sure that all the papers are in your personal files.

Don't forget to open orders. Corrections are not allowed.

Also, if necessary, the inspector examines the correctness of filling out work books and their logbook.

Correctness and timeliness of providing rest time

Vacations take pride of place in the list of inspectors’ comments. Oddly enough, employees rarely file a complaint to the labor inspectorate on this matter. People often do not know their rights. And the regulatory authorities are aware of them and will look in this direction. Make sure you don't have people who haven't taken a vacation for more than two years in a row. This is strictly prohibited by law.

A common mistake made by inexperienced personnel officers is the lack of a vacation schedule. It seems like an extra piece of paper. But the law establishes that an enterprise must have such a schedule. Therefore, the inspector will require it. It is necessary to draw up a schedule and ensure that it does not differ in dates from vacation orders. In case of violation, changes are made to the text of the document. Nothing complicated. Re-approve the schedule with changes (have your boss sign a new copy).

Salary

A typical (most common) appeal to the labor inspectorate is related to violations in the issuance of earnings. The inspector is obliged to see whether the enterprise complies with legislation in this area. To do this, he will request a wage clause. It should be written and approved if it has not already been done. Accounting data, namely the date of issue of earnings, must strictly comply with the provisions of the above document. Payment is made twice a month. This must be reflected in the document and strictly observed.

In addition, the inspector will request This document must also exist and comply with the law. The amount of the bonus is set by the manager, therefore, the inspector will look at the orders on this topic. Payments in excess of salary that are not documented are not allowed. At the same time, it is also necessary to justify.

Occupational Safety and Health

This is one of the most difficult topics to review. The enterprise must have a labor safety regulation approved. A specialist responsible for this area of ​​work is appointed by special order. He keeps a log, gives instructions and the like. The inspector will check all his documentation. He will also look at the job description. The document should reflect the responsibilities for labor protection.

In addition, you will have to provide them. They should be drawn up in accordance with the law and approved by the manager. The text should define rest times, working conditions, and so on.

Special questions

We have described the main areas of inspection and the required documents. The inspector always requests them. It does not matter whether he conducts a comprehensive audit or a thematic one. He will definitely look at payment, the correctness of drafting employment contracts, orders, and the provision of vacations.

But there are other documents that are checked less often. These include certification documentation. If your organization hosts such an event, it should be properly formatted.

Certificates of completion are also sometimes checked.

You need to see if there are any expired documents in your personal files. A common mistake of a novice personnel officer is the absence of this work, which must be done constantly, so as not to get confused and tremble while waiting for the inspector.

How is the verification carried out?

The inspector will come or invite you to his place and ask for a whole list of documents. But first, he will show the order of his boss, which indicates his powers, topic and duration of the event. You should focus on it. If a person is assigned to work for three days, he will not leave you before that. During this period, the inspector will study documents, draw up certificates, and so on.

Carrying out a routine inspection is a common event. The inspector needs to find flaws in your work. But in the final act, as a rule, he does not indicate everything. Some shortcomings can be corrected during the inspection. The inspector will offer to do this, and you should not refuse so as not to receive punishment.

It should be noted that the “worst” test is the one that is carried out on the initiative of the employee. This happens when a complaint to the labor inspectorate was sent by a person connected with your organization by contract. In this case, do not expect any favors from the inspector. His duty is to protect the worker.

Final document

When the inspector completes his work, he will provide an inspection report. This document is drawn up in two copies. One is sent to the inspection, the second remains at the enterprise. If additions are necessary, they must also be attached to each act. This paper reflects the essence of the work done, comments and suggestions. Identified violations are reflected in the order to eliminate them.

The management of the company being inspected has the opportunity to object. Your justified comments must be sent to the inspectorate within fifteen days. But the order to eliminate the violation will still have to be executed and a report must be submitted to the regulatory organization. It’s better to come to an agreement during the inspection. Then the inspector will indicate that there were violations, but they were corrected before the final document was written.

Often, when hiring a new employee, the head of the company needs to obtain comprehensive, and most importantly, reliable information about the personal and business qualities of the hired employee. The procedure for obtaining and verifying information about him, despite the rather strict regulation, is, however, in many ways not perfect.

Managers, personnel workers, employees of the own security service, in search of the “ideal” employee who meets all the criteria for personnel cleanliness and safety of the enterprise, are too “zealous”, as a result of which they not only overstep moral principles and values, but also grossly violate the norms current legislation. Such actions of the employer can be understood, because... In the process of constantly changing working conditions, scientific and technological progress and fierce competition, the requirements for the training of specialists are in dire need of improving the staffing system. And if until recently, during employment, the main emphasis was placed, first of all, on determining the level of professional preparedness of the candidate for work, which was often determined by formal criteria (education, work experience in the specialty, rank, etc.), but at the moment it is essential the demands placed on the personal qualities of employees, and consequently, on job candidates, are increasing. In such conditions, a conflict of interests between the employee and the employer automatically arises, caused by the distinctive feature of labor relations based on the divergent interests of the employer and employee.

The task of the first, especially in the current situation of economic crisis, is to “sell yourself” in the most profitable way. At the same time, during employment, the employee often hides information that is “unnecessary” from his point of view or provides unreliable information. The other’s task is to acquire not a “pig in a poke”, but the most valuable and suitable employee for performing the assigned tasks, who can increase the profitability of the company, contribute to its promotion in the market and increase competitiveness. At the same time, the most effective way to assess an applicant and prevent his possible “unfavorable” behavior that runs counter to the interests of the company is to check in advance the information he provides when applying for a job, as well as the information accumulated during the employment relationship.

In the Labor Code, personal data of an employee is understood as information necessary for the employer in connection with labor relations and relating to a specific employee (Part 1 of Article 85 of the Labor Code of the Russian Federation). It is easy to see that any information about an employee can be included under this definition. And employers often collect all the information about an employee. To achieve this goal, various kinds of questionnaires and tests are used, a number of companies carry out lie detector tests on employees, the employer resorts to the help of private detectives, etc. Quite often, an employee is required to provide comprehensive information about his marital status and immediate relatives, living conditions, health status, facts of criminal prosecution, permanent registration at his place of residence, and much more, citing the fact that they want to have the most complete idea about it, thereby crossing the fine line separating personal data from information that constitutes a secret of private life, personal or family secret of a citizen.

It is not without reason that the Labor Code was supplemented with a corresponding chapter (No. 14) devoted to the protection of employee personal data, in which the following fundamental constitutional principles were specified in relation to labor relations:

1) a person, his rights and freedoms are the highest value (Article 2);

2) human and civil rights and freedoms in accordance with generally recognized principles and norms of international law and in accordance with the Constitution (Part 1 of Article 17);

3) the rights and freedoms of man and citizen are directly applicable. They determine the meaning, content and application of laws, the activities of the legislative and executive powers, local self-government and are ensured by justice (Article 18);

4) everyone has the right to privacy, personal and family secrets, protection of their honor and good name. Everyone has the right to privacy of correspondence, telephone conversations, postal, telegraph and other messages. Restriction of this right is allowed only on the basis of a court decision (Article 23);

5) collection, storage, use and dissemination of information about the private life of a person without his consent is not allowed (Part 1 of Article 24);

6) everyone has the right to freely use their ability to work, choose their type of activity and profession (Part 1, Article 37).

Among the documents and materials containing information necessary for the employer in connection with labor relations, the main place is occupied by:

1) documents presented when concluding an employment contract (see Article 65 of the Labor Code)

Passport or other identification document;

Work book (except for cases of employment for the first time, registration on a part-time basis, loss, damage to the work book);

Insurance certificate of state pension insurance (except for cases of entering work for the first time, as well as loss of the certificate);

Military registration documents (for those liable for military service and persons subject to conscription for military service);

Document on education, qualifications or special knowledge (when applying for a job that requires special knowledge or special training). Such documents include a driver’s license (Resolution of the Government of the Russian Federation dated December 15, 1999 N 1396, Order of the Ministry of Internal Affairs of Russia dated May 13, 2009 N 365), a certificate of a pilot, navigator, flight operator (Article 52 of the Air Code of the Russian Federation, Order of the Ministry of Transport of Russia dated September 12, 2008 N 147), diploma, qualification certificate of a crew member of an inland navigation vessel (Resolution of the Government of the Russian Federation of May 31, 2005 N 349);

A certificate confirming the presence (absence) of a criminal record and (or) the fact of criminal prosecution or the termination of criminal prosecution on rehabilitative grounds (when applying for a job to which, in accordance with the Labor Code of the Russian Federation or other federal law, persons who have or have had a criminal record, are subject to or have been subject to criminal prosecution - in particular Article 331 - The right to engage in teaching activities and Article 351.1 of the Labor Code of the Russian Federation - Restrictions on employment in the field of education, upbringing, development of minors, organization of their recreation and recovery, medical care, social protection and social services, in the field of children's and youth sports, culture and art with the participation of minors). The certificate is issued by the Russian Ministry of Internal Affairs.

As can be seen from the content of the above article, the above list is closed and does not contain an indication of such documents as an application, questionnaire, autobiography, etc., however, this article establishes that in some cases, taking into account the specifics of work, this Code, other federal laws, decrees of the President of the Russian Federation and decrees of the Government of the Russian Federation may provide for the need to present additional documents when concluding an employment contract (job application, autobiography, questionnaire, income certificate), in addition to the documents specified in Art. Art. 65, 283 Labor Code of the Russian Federation.

So, in particular, according to the Federal Law of July 21, 1997 N 114-FZ “On Service in the Customs Authorities of the Russian Federation,” a citizen entering service in the customs authorities must also submit a personal statement and autobiography.

In case of admission to the civil and municipal service, you must present a completed questionnaire and application in your own hand (Part 2, Article 26 of the Federal Law dated July 27, 2004 N 79-FZ “On the State Civil Service of the Russian Federation”, Part 3, Article 16 of the Federal Law dated 02.03.2007 N 25-FZ “On municipal service in the Russian Federation”).

Federal Law of December 25, 2008 N 273-FZ “On Combating Corruption” established the obligation of citizens applying for a position in a state or municipal service to provide information about their income, property and property-related obligations, as well as the income of their spouse and minors children.

Clause 3 art. 5 of the Regulations on the procedure for military service (approved by Decree of the President of the Russian Federation of September 16, 1999 N 1237) it is established that a citizen who has expressed a desire to enter military service under a contract, in addition to the documents specified in this norm, submits an autobiography, handwritten in any form .

Appendix No. 3 to the Instructions on the procedure for selecting citizens for service (work) in the federal fire service (approved by Order of the Ministry of Emergency Situations of Russia dated November 11, 2009 N 626) states that the autobiography is written in one’s own hand, in any form, without erasures or corrections. Information that must be reflected in this document is also provided, for example, last name, first name, patronymic, date and place of birth, education, including in the system of additional education, academic degree, academic title, marital status, information on criminal records, employment history, including last place of work and position held, etc.

In terms of the content of information indicated in the autobiography, the latter is identical to the questionnaire that is filled out when entering the civil service and is a mandatory document (Part 2, Article 26 of the Federal Law of July 27, 2004 N 79-FZ “On the State Civil Service of the Russian Federation”). The form of the questionnaire was approved by order of the Government of the Russian Federation dated May 26, 2005 N 667-r.

If regulations do not provide for the obligation of a person applying for a job to provide the employer with any documents (for example, a certificate of assignment of a TIN, a document of registration at the place of residence or stay), the latter’s requirement to present them when concluding an employment contract is illegal. The absence of such documents cannot serve as a basis for refusal to conclude an agreement. In a letter dated December 18, 2008 N 6967-TZ, Rostrud points out the inadmissibility of direct or indirect restrictions on rights or the establishment of direct or indirect advantages when concluding an employment contract depending on the place of residence.

2) documents on the composition of the employee’s family, necessary to provide him with guarantees related to the fulfillment of family responsibilities;

3) documents on the employee’s health status, if in accordance with the law he must undergo preliminary and periodic medical examinations;

4) documents confirming the right to additional guarantees and compensation on certain grounds provided for by law (on disability, donation, being in the area affected by radiation in connection with the accident at the Chernobyl nuclear power plant, etc.);

5) a document about the employee’s pregnancy and the age of the children to provide the mother with the working conditions, guarantees and compensation established by law. The above can be represented in the following table:

Tab. 1 The main evaluation criterion is the nature of the information collected by the employer

In order to establish to what extent the employer has the right to receive information about his personal data from the employee, it is necessary to pay attention to a very important limitation - the targeted nature of the use of personal data. The processing of this type of information can be carried out exclusively for the purposes specified in paragraph 1 of Article 86 of the Labor Code of the Russian Federation.

In accordance with Art. 3 of the Federal Law of July 27, 2006 N 152-FZ “On Personal Data”, personal data is any information relating directly or indirectly to a specific or identifiable individual (subject of personal data). According to Art. 85 of the Labor Code of the Russian Federation, personal data of an employee means information necessary for the employer in connection with labor relations and relating to a specific employee. The Labor Code of the Russian Federation does not specify what information about the employee is required by the employer. Based on this, we can conclude that the employer has the right to request from the employee only that information that characterizes the latter precisely as a party to the employment contract, and not as an individual. Consequently, the employer cannot require the employee to provide personal information that is not related to his work activities in a specific organization.

However, based on the definition of personal data, which is given in the Law on Personal Data, we can conclude that personal data is any information that allows you to identify a specific person.

Thus, to determine the composition of personal data required by the employer within the framework of labor relations, it is recommended to be guided by the wording given in the Labor Code of the Russian Federation.

Personal data may contain the following information:

Full Name;

Gender, age;

Physiological characteristics of a person;

Education, qualifications, professional training and information on advanced training;

Health status and sexual orientation;

A person’s belonging to a specific nation, ethnic group, race;

Location;

Habits and hobbies, including harmful ones (alcohol, drugs, etc.);

Marital status, presence of children, family ties;

Biographical facts and previous work activity (place of work, amount of earnings, criminal record, military service, work in elected positions, public service, etc.);

Religious and political beliefs (belonging to a religious denomination, membership in a political party, participation in public associations, including a trade union, etc.);

Financial situation (income, debts, ownership of real estate, cash deposits, etc.);

Business and other personal qualities that are evaluative in nature;

Other information that may identify a person.

From this list, the employer has the right to receive and use only that information that characterizes the citizen as a party to the employment contract.

During the employee’s working life, the employer accumulates and stores documents containing the employee’s personal data. Based on the definition of personal data given in Art. 85 of the Labor Code of the Russian Federation and Art. 3 of the Law on Personal Data, such information may be contained in the following documents:

Questionnaire, autobiography, personal sheet for personnel records, which are filled out by the employee when applying for a job. These documents contain the employee’s personal and biographical information;

A copy of the employee's identity document. Here the last name, first name, patronymic, date of birth, registration address, marital status, family composition of the employee, as well as the details of this document are indicated;

Personal card N T-2. It indicates the last name, first name, patronymic of the employee, place of birth, family composition, education, as well as details of the identity document, etc.;

Work record book or a copy thereof. Contains information about work experience, previous places of work;

Copies of marriage and birth certificates. Such documents contain information about family composition that the employer may need to provide the employee with certain benefits provided for by labor and tax legislation;

Military registration documents. They contain information about the employee’s attitude to military service and are necessary for the employer to carry out military registration of employees in the organization;

Certificate of income from previous place of work. Needed by the employer to provide the employee with certain benefits and compensation in accordance with tax legislation;

Education documents. Confirm the employee’s qualifications and justify the occupation of a certain position;

Documents of compulsory pension insurance. Needed by the employer to pay appropriate contributions for the employee;

Employment contract. It contains information about the employee’s position, salary, place of work, workplace, as well as other personal data of the employee;

Originals and copies of orders for personnel. They contain information about admission, transfer, dismissal and other events related to the employee’s work activity;

If necessary, other documents containing personal data of employees.

In addition, the employer, in the course of its activities, collects information about applicants necessary to make a decision on entering into labor relations with them. If this information contains personal data of applicants, it fully applies to the requirements established by law for the collection, processing, storage, and protection of personal data.

In accordance with paragraph 3 of Art. 86 of the Labor Code of the Russian Federation, all personal data of the employee should be obtained from him personally. This provision excludes the collection of information about an employee without his knowledge. The Federal Law of June 27, 2006 contains similar provisions. No. 149-FZ “On information, information technologies and information protection”, establishing the inviolability of private life, the inadmissibility of collecting, storing, using and distributing information about the private life of a person without his consent.

In accordance with paragraph 1 of Art. 9 of the Law on Personal Data, the subject of personal data decides to provide his data and consents to their processing of his own will and in his own interest. Consent to the processing of personal data must be specific, informed and conscious. This Law also imposes on the employer the obligation to provide evidence of obtaining consent to the processing of personal data, and in the case of processing publicly available data, the obligation to prove that this data was publicly available (clause 3 of Article 9 of the Law on Personal Data). However, it should be taken into account that by virtue of clause 5, part 1, art. 6 of the Law on Personal Data, the consent of the subject of personal data is not required when the processing of such data is carried out for the purpose of fulfilling a contract, one of the parties to which is the subject of personal data. Since the employee is a party to the employment contract, written consent to receive his personal data is not required.

According to paragraph 3 of Art. 86 of the Labor Code of the Russian Federation, if the employee’s personal data can only be obtained from a third party, then the employee must be notified about this in advance and written consent must be obtained from him. The employer must inform the employee about the purposes, intended sources and methods of obtaining personal data, as well as the nature of such data and the consequences of the employee’s refusal to give written consent to receive it. If the employee refuses to familiarize himself with the notification about the intended receipt of his personal data from another person, an act is drawn up, which must be signed by the persons who presented the corresponding notification to the employee.

The notification must indicate the purposes for obtaining the employee’s personal data from another person, the intended sources of information (persons from whom the data will be requested), methods for obtaining the data, their nature, as well as the consequences that will occur if the employee refuses the employer to obtain personal data from another person.

The purposes of obtaining personal data of an employee from a third party in accordance with paragraph 1 of Art. 86 of the Labor Code of the Russian Federation are exclusively compliance with laws and other regulatory legal acts, assistance to employees in employment, training and promotion, ensuring their personal safety, monitoring the quantity and quality of work performed and the safety of property. Consequently, the employer has no right to request other information not related to the above-mentioned purposes from third parties, even with the consent of the employee.

So how is it possible to verify information about an employee and at the same time comply with the requirements of current legislation? To do this, you must follow a number of the following recommendations.

1. Obtaining any information about an employee is possible only from established sources, which, according to the Labor Code of the Russian Federation, can be the employee himself or a source to which he has given consent. It is necessary to remember the following. The Labor Code of the Russian Federation provides for the provision of false documents by an employee as one of the grounds for termination of an employment contract (Clause 11, Part 1, Article 81 of the Labor Code of the Russian Federation).

It should be noted that the current legislation does not fall within the competence of the employer’s representatives to establish the fact of forgery of documents or reporting of knowingly false information.

Important! The main condition under which an employee can be dismissed under clause 11, part 1, art. 81 of the Labor Code of the Russian Federation, is that the employee submitted forged documents precisely when concluding an employment contract. For example, if, after being hired, an employee who has a disabled child under the age of 18 receives a fake certificate stating that his spouse does not enjoy the benefits provided for in Art. 262 of the Labor Code of the Russian Federation, then he cannot be fired.

Dismissal under clause 11, part 1, art. 81 of the Labor Code of the Russian Federation can be considered legal if documents recognized as forged were the basis for concluding an employment contract or for refusing to conclude it.

For example, if an employee is hired for a job that requires higher professional education, then the presentation of the appropriate diploma directly affects the conclusion of an employment contract. If, after hiring an employee, it turns out that the diploma presented by him is false, then the employer can terminate the contract, and in some cases is obliged to do so. Before dismissing an employee under clause 11, part 1, art. 81 of the Labor Code of the Russian Federation, the employer, through an internal investigation, must try to establish whether there was intent in the employee’s actions.

To assess the significance of a forged document when concluding an employment contract, the following must be taken into account:

a) whether this document served as the basis for the employer’s decision to hire the employee;

b) whether this document was mandatory for submission;

c) to what extent recognition of a document as fraudulent makes it impossible for the employee to continue working.

The falsity of the submitted document must be established accordingly. In accordance with the requirements of the Civil Procedure Code (Articles 55, 60), evidence is information obtained in the manner prescribed by law about the facts, on the basis of which the court establishes the presence or absence of circumstances justifying the demands and objections of the parties, as well as other circumstances that are important for the correct consideration and resolution of the case, and they must meet the admissibility requirements. Those. evidence obtained by the Employer in violation of procedural requirements has no legal force and cannot be used as the basis for a court decision. Thus, the employer does not have the right to independently establish the authenticity of the documents presented by the employee when concluding an employment contract.

2. The information received by the employer must relate exclusively to the employee’s official activities and not affect his private life. At the moment, the current legislation does not contain a legal definition of “private life”, just as there is no unambiguous understanding of it in the legal doctrine.

3. It is necessary to obtain the employee’s consent to receive and verify relevant information regarding him, as well as to apply the necessary monitoring or control measures. It is necessary to take into account that such intangible benefits as honor and dignity, personal and family secrets are inalienable (Article 150 of the Civil Code of the Russian Federation, clause 9 of Article 86 of the Labor Code of the Russian Federation), accordingly, the consent given by the employee will be recognized as invalid in the event of a conflict situation, due to infringement of his rights.

Violation of the above rules may serve as a basis for bringing the perpetrator to disciplinary, administrative, civil or criminal liability (Article 90 of the Labor Code), and it should be noted that the current legislation quite severely punishes violation of the rules on working with personal data.

In accordance with Art. 13.11 of the Code of Administrative Offenses of the Russian Federation, violation of the procedure established by law for the collection, storage, use or dissemination of information about citizens (personal data) entails a warning or the imposition of an administrative fine:

For citizens – from 300 to 500 rubles;

For officials - from 500 to 1000 rubles;

For legal entities – from 5,000 to 10,000 rubles.

From the text of this norm we can conclude that the employer as a legal entity may be held administratively liable for violating the procedure for collecting, storing, using or distributing personal data.

In addition to the organization, its head as an official is responsible for the violation. This follows from the meaning of Art. 2.4 of the Code of Administrative Offenses of the Russian Federation, which states that an official is understood to be a person performing organizational, administrative or administrative functions. As the Supreme Court of the Russian Federation indicated in Resolution No. 6 of February 10, 2000 “On judicial practice in cases of bribery and commercial bribery,” organizational and administrative functions include team management, placement and selection of personnel, organization of labor or service of subordinates, maintaining discipline, application of incentive measures and imposition of disciplinary sanctions.

Based on the meaning of Art. 90 of the Labor Code of the Russian Federation, an employee whose fault was a violation of the rules governing the receipt, processing and protection of personal data of other employees may be subject to disciplinary and material, as well as civil, administrative and criminal liability.

Based on Art. Art. 2, 3, 5, 6 of the Law on Personal Data, personal data refers to information to which access is limited. In accordance with Art. 13.14 of the Code of Administrative Offenses of the Russian Federation, disclosure of such information (except for cases where such disclosure entails criminal liability) by a person who has gained access to it in connection with the performance of official or professional duties shall entail the imposition of an administrative fine:

For citizens – from 500 to 1000 rubles;

For officials - from 4,000 to 5,000 rubles.

Consequently, if it is established that the disclosure of personal data occurred through the fault of an employee responsible for storing, processing and using the personal data of other employees, then he may be held administratively liable in the form of a fine.

Personal data refers to information that is protected by federal law. Wrongful disclosure of personal data by a person whose responsibilities include compliance with the rules for storing, processing and using such information is also grounds for bringing this person to disciplinary liability (Article 90 of the Labor Code of the Russian Federation). According to paragraphs. “c” clause 6, part 1, art. 81 of the Labor Code of the Russian Federation, an employment contract with an employee may be terminated due to the disclosure of a legally protected secret that has become known to the employee in connection with the performance of his job duties, including due to the disclosure of personal data of another employee. Since such dismissal refers to dismissals for violation of labor discipline, the employee who disclosed personal data must be dismissed in compliance with the procedure provided for in Art. 193 Labor Code of the Russian Federation.

In accordance with Art. 137 of the Criminal Code of the Russian Federation, illegal collection or dissemination of information about the private life of a person, constituting his personal or family secret, without his consent, or dissemination of this information in a public speech, publicly displayed work or the media is punishable by a fine of up to 200 thousand rubles. or in the amount of wages or other income of the convicted person for a period of up to 18 months, or by compulsory work for a period of 120 to 180 hours, or by correctional labor for a period of up to one year, or by arrest for a period of up to four months.

Part 2 of this article provides that the same acts committed by a person using his official position are punishable by a fine in the amount of 100 thousand to 300 thousand rubles. or in the amount of wages or other income of the convicted person for a period of one to two years, or by deprivation of the right to hold certain positions or engage in certain activities for a period of two to five years, or by arrest for a period of four to six months.

Consequently, if an employee responsible for storing, processing and using the personal data of other employees abused his official powers and disseminated information about the private lives of other employees without their consent, then he may be subject to criminal liability.

Article 90 of the Labor Code of the Russian Federation provides for financial liability for culpable violation of the rules governing the receipt, processing and protection of personal data of employees. Thus, as a result of the illegal dissemination of information about an employee’s personal data, the latter may suffer moral damage that is subject to compensation by the employer. In accordance with Art. 238 of the Labor Code of the Russian Federation, the employee is obliged to compensate the employer for direct actual damage caused to the latter. According to Part 2 of this article, direct actual damage also means the need to compensate for damage to third parties. Consequently, if harm to an employee was caused by the fault of a person who was responsible for non-disclosure of personal data, then the employer can hold the latter financially liable for the damage caused to the employee by such actions. In accordance with clause 7, part 1, art. 243 of the Labor Code of the Russian Federation, financial liability in the full amount of damage caused is assigned to the employee in the event of disclosure of information that constitutes a secret protected by law.

In accordance with Art. 151 of the Civil Code of the Russian Federation, if a citizen has suffered moral harm (physical or moral suffering) by actions that violate his personal non-property rights or encroach on other intangible benefits belonging to the citizen, as well as in other cases provided for by law, the court may impose on the violator the obligation of monetary compensation for said damage . According to Part 2 of Art. 1099 of the Civil Code of the Russian Federation, moral damage caused by actions (inaction) that violate the property rights of a citizen is subject to compensation in cases provided for by law. Based on Art. 152 of the Civil Code of the Russian Federation, a citizen has the right to demand in court a refutation of information discrediting his honor, dignity or business reputation, unless the person who disseminated such information proves that it is true. Consequently, if, as a result of a violation of the rules governing the storage, processing and use of an employee’s personal data, committed by the person responsible for carrying out the above actions with personal data, the employee suffered property damage or moral harm, then it is subject to compensation in cash in accordance with the articles of the Civil Code. Code of the Russian Federation.

Taking into account the above, the employer must very carefully determine the sources of receipt and generation of information regarding the candidate being checked, carefully study the documents provided during employment, comparing them with other available data about the employee. Accordingly, the latter can be obtained both publicly and secretly. However, in the second case, violation of the established framework remains unacceptable.

And in conclusion, let us touch on an issue that is not directly, but very closely related to the receipt and verification of personal data. We are talking about a refusal to hire, a decision about which the employer often makes under the influence of information obtained from documents submitted by the applicant or other sources. Art. 3 of the Labor Code of the Russian Federation states: no one can be limited in labor rights depending on gender, race, skin color, nationality, language, origin, property status, etc. The ban on refusal to conclude an employment contract on the same grounds is contained in Art. . 64 Labor Code of the Russian Federation. Therefore, whatever the true reasons for the employer’s negative attitude towards the applicant, they cannot be used as the basis for a refusal (especially a written one) to hire. In such cases, it is necessary to find a legitimate and acceptable reason (lack of experience, insufficient qualifications, inappropriate education, etc.). Moreover, the Supreme Court of the Russian Federation in its resolution of March 17, 2004 No. 2 “On the application by the courts of the Russian Federation of the Labor Code of the Russian Federation” indicated that if an employer refuses to hire due to circumstances related to the business qualities of a given employee, such refusal is justified.

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Documents for inspection by labor inspectorate

Let us immediately note that the list of documents requested during the inspection by the labor inspectorate is not defined anywhere. During the inspection, the labor inspector may request any document confirming (or not confirming) the employer’s compliance with labor laws.

Therefore, we can say that the employer must have all mandatory labor documents, and these documents must be properly executed.

Treaties

The organization must have the following agreements:

1. Employment contracts. All employment contracts must contain the mandatory conditions established by Article 57 of the Labor Code.

2. Agreements on full individual liability and agreements on full collective (team) financial responsibility.

The lists of works and categories of workers with whom these contracts can be concluded were approved by Decree of the Ministry of Labor of the Russian Federation of December 31, 2002 No. 85.

3. Student agreements. These agreements must be in the organization when registering an apprenticeship.

Mandatory local acts of the organization

Every organization must have:

1 . internal labor regulations;

2 . regulations on wages and bonuses. This provision is mandatory only if the remuneration system is not reflected in the collective agreement or in another local act of the organization, for example, in the internal regulations (Article 135 of the Labor Code of the Russian Federation).

3. Regulations on personal data of employees(Article 88 of the Labor Code of the Russian Federation);

If certain conditions exist, the organization must have the following local acts:

1 . local regulatory act, which specifies the positions of employees with irregular working hours.

This document is required if the organization has employees who have irregular working hours, provided that this information is not reflected in the collective agreement or other local act, for example, in the internal regulations (Article 101 of the Labor Code of the Russian Federation).

2. shift schedule.

The presence of this document is necessary in cases where work in the organization is carried out in shifts. The shift schedule can be drawn up as an annex to the employment contract (Article 103 of the Labor Code of the Russian Federation);

3. local regulatory act providing dividing the working day into parts.

This document is required in those organizations where the working day can be divided into parts (Article 105 of the Labor Code of the Russian Federation);

4. local regulatory act providing for the procedure and conditions for employees to pass vocational training or retraining.

The document must be in the organization only if the employer decides on the need to send employees for training, retraining or advanced training (part three of Article 196 of the Labor Code of the Russian Federation). Instead of approval by the LNA, training conditions can be included in a collective agreement or, for example, in internal labor regulations.

5. local regulatory act establishing the procedure for application rotation method(Part four of Article 297 of the Labor Code of the Russian Federation). The condition for establishing the procedure for applying the rotation method does not have to be formalized in a separate local act; this condition can be included in a collective agreement or internal labor regulations.

Occupational safety documents

All employers are responsible for ensuring safe conditions and labor protection (Article 212 of the Labor Code of the Russian Federation).

Employers must have:

1. Occupational safety instructions

Labor protection instructions refer to mandatory local acts of the organization. The Russian Ministry of Labor issued Methodological Recommendations for the development of labor protection instructions (approved on May 13, 2004). Workers must be familiar with the labor safety instructions against signature. To do this, you should keep a log of familiarizing workers with labor safety instructions.

2. Documents confirming completion instructions and training on labor protection.

All employees, including heads of organizations, are required to undergo occupational safety training and testing of knowledge of occupational safety requirements (Article 225 of the Labor Code of the Russian Federation). The procedure for training and testing knowledge is established by Resolution of the Ministry of Labor of Russia and the Ministry of Education of Russia dated January 13, 2003 No. 1/29 (hereinafter referred to as the Procedure).

For all persons hired, as well as for employees transferred to another job, the employer (or a person authorized by him) is obliged to provide instructions on labor protection (clause 2.1.1 of the Procedure). In addition to the initial briefing, the employer is obliged to conduct repeated and, in certain cases, unscheduled briefing.

All types of briefings are recorded in the appropriate briefing logs, indicating the signature of the person being instructed and the signature of the instructing person, as well as the date of the briefing (clause 2.1.3 of the Procedure).

Please note that, as a general rule, all employees must undergo training. However, it is obvious that in fact only blue-collar workers need such instruction. Therefore, employees not involved in the operation, maintenance, testing, adjustment and repair of equipment, the use of electrified or other tools, the storage and use of raw materials and materials may be exempt from undergoing initial training at the workplace.

At the same time, the list of professions and positions of employees exempt from undergoing initial training at the workplace is approved by the employer (clause 2.1.4 of the Procedure). These same employees are also exempt from undergoing repeated training. Therefore, the employer must have training logs.

So, documents confirming the induction training:

• minutes of the meeting of the commission for testing knowledge on occupational safety;
• personal training card;
• induction training log;
• on-the-job training log;
• a list of professions and positions of workers exempt from undergoing initial training at the workplace.

Forms confirming completion of induction training are contained in GOST 12.0.004-90. "Interstate standard. System of occupational safety standards. Organization of occupational safety training. General provisions." All of these forms are recommended.

Orders (instructions) of the employer

Order- This is an administrative document issued and signed by the head of the organization. Labor legislation establishes the mandatory issuance of orders, but there is no list of possible orders. Therefore, the organization is obliged to store all “labor” orders.

Orders for personnel must be kept in the organization for 75 years (Article 19 of the List approved by Order of the Ministry of Culture of Russia dated August 25, 2010 No. 558).

Documents related to salary payment

The employer is obliged to notify each employee in writing when paying wages (part one of Article 136 of the Labor Code of the Russian Federation). Labor inspectors will definitely check whether the payslip form has been approved by the organization. Therefore, the company must have an order approving the payslip.

In addition, labor inspectors pay attention to whether the days of payment of wages are indicated:

• in the employment contract with the employee;
• in internal labor regulations;
• in the collective agreement (if any).

"Vacation" documents

The organization must have an approved vacation schedule. The schedule is approved no later than two weeks before the start of the calendar year (part one of Article 123 of the Labor Code of the Russian Federation).

In addition to the vacation schedule, labor inspectors will check whether employees are notified of the start time of the vacation no later than two weeks before it begins. Therefore, the organization must have either a special journal notifying employees about the start of vacation, or copies of notifications that must contain employee signatures and dates.

Personnel documents

The organization must have the following documents:

1. Work records. The employer is obliged to keep work books for each employee for whom this work is the main one.

2. Personal cards of employees. Personal cards can be maintained using the unified form No. T-2.

Documents for recording working hours and staff

The organization must have:

1. Time sheet. The employer’s obligation to keep records of working hours is enshrined in Article 91 of the Labor Code of the Russian Federation. The time sheet can be kept using the unified form No. T-12.

2. Staffing. It does not directly follow from the Labor Code that the staffing table is a mandatory document for all employers. Therefore, if the labor function of employees is determined through a specific type of assigned work (for example, “an employee is hired to clean the territory,” etc.), the staffing table may not be formally approved. Meanwhile, in most cases, it is impossible to do without a staffing table. The employer draws up the staffing table based on the norms of Articles 15, 57 of the Labor Code.

Notices and Notifications

Labor legislation obliges the employer to notify employees of the occurrence of certain events, therefore the employer must have:

• notifications about the start of vacation;
• notifications about reduction of number or staff of employees;
• notices of termination of a fixed-term employment contract;
• other notifications.

Applications and certificates received from employees

The organization must keep statements workers:

• on granting or postponing vacations;
• on the provision of maternity leave and child care leave;
• on termination of an employment contract at the initiative of the employee;
• other statement.

Spravki., received from employees:

• about confirmation of pregnancy;
• about the presence (absence) of a criminal record;
• other certificates.

Journals and books of account

Organizations must maintain the following journals and books:

1. A book for recording the movement of work books and inserts in them (the form was approved by Decree of the Ministry of Labor of Russia dated October 10, 2003 No. 69).

2. Receipt and expense book for recording work book forms and the insert into it (the form was approved by Decree of the Ministry of Labor of Russia dated October 10, 2003 No. 69).

3. Log book for employees leaving on business trips from the sending organization (form approved by order of the Ministry of Health and Social Development of Russia dated September 11, 2009 No. 739n).

4. A logbook of employees who arrived at the organization to which they are seconded (form approved by order of the Ministry of Health and Social Development of Russia dated September 11, 2009 No. 739n).

5. Journal of registration of accidents at work (form approved by Decree of the Ministry of Labor of Russia dated October 24, 2002 No. 73).

6. Journal of induction training (form recommended by GOST 12.0.004-90. “Interstate standard. System of occupational safety standards. Organization of occupational safety training. General provisions”).

In addition, the organization must have a log of familiarization with local regulations. Note that the fact of familiarization with local regulations can be confirmed in another way, for example, by making familiarization sheets for local regulations.

So, here we have provided an extensive, but not complete list of documents that a labor inspector may require during an inspection.

If you are not sure that you can correctly assess the availability and correctness of documents, we suggest you use the help of our specialists and order the “personnel audit” service.

(according to the magazine "Personnel Affairs")