Rostrud approved the administrative regulation for the supervision of compliance with labor laws and other regulatory legal acts containing labor law norms. The corresponding order dated June 13, 2019 No. 160 was published on the Official Internet Portal of Legal Information.
The regulation defines the rules for inspections of employers by employees of Rostrud. The subject of such inspections is the observance by employers of the requirements of labor legislation, including the checks of:
- completeness and timeliness of salary payment, calculation upon dismissal, vacation pay;
- compliance with labor protection requirements;
- ensuring accessibility for disabled workers of special jobs and working conditions;
- fulfillment of instructions to eliminate previously identified violations and to take measures to prevent violations of labor rights of citizens.
According to the document, when exercising supervision, Rostrud employees have the right to:
- visit unimpeded at any time in order to conduct an inspection of employers;
- request and receive documents, explanations, information necessary for supervision;
- investigate industrial accidents;
- withdraw samples of used or processed materials and substances with notification to the employer for analysis;
- present binding instructions on elimination of violations to employers;
- send claims to the courts on the liquidation of organizations due to violation of labor protection requirements;
- issue instructions on the removal from work of persons who have not received training in safe methods and techniques for performing work, instruction on labor protection, internships at workplaces, and verification of knowledge of labor protection requirements;
- prohibit the use of personal and collective protective equipment for workers if they do not meet mandatory requirements;
- draw up protocols and consider cases of administrative offenses, prepare and send to the law enforcement authorities other materials on bringing the perpetrators to justice;
- act as experts in court in claims for violation of mandatory requirements and compensation for harm caused to the health of employees in connection with the performance of labor (official) duties.
The regulation determines that the duration of each inspection of Rostrud should not exceed 20 working days. In relation to a small enterprise, the total term for conducting a scheduled on-site inspection may not exceed 50 hours, in respect of a micro-enterprise – 15 hours.
The specified regulation will enter into force on October 22, 2019.