ORDER OF THE MINISTRY OF LABOUR AND SOCIAL PROTECTION OF THE RUSSIAN FEDERATION
AND THE FEDERAL SERVICE OF THE RUSSIAN FEDERATION ON WORK AND EMPLOYMENT

of June 13, 2019 No. 160

About approval of Administrative regulations of implementation by Federal Service for Labour and Employment of federal state supervision of observance of the labor law and other regulatory legal acts containing regulations of labor right

According to Item 2 of Article 2, Item 3 of part 2 of article 4 of the Federal Law of December 26, 2008 No. 294-FZ "About protection of the rights of legal entities and individual entrepreneurs when implementing the state control (supervision) and municipal control" (The Russian Federation Code, 2008, No. 52, Art. 6249; 2011, No. 30, Art. 4590; 2014, No. 42, Art. 5615; 2018, No. 32, Art. 5109), paragraph the second article 356 of the Labor Code of the Russian Federation (Russian Federation Code, 2002, No. 1, Art. 3; 2006, No. 27, Art. 2878; 2011, No. 30, Art. 4590; 2013, No. 52, the Art. 6986), Item 2 of Rules of development and approval of the administrative regulations of implementation of the state control (supervision) approved by the order of the Government of the Russian Federation of May 16, 2011 No. 373 "About development and approval of administrative regulations of implementation of the state control (supervision) and administrative regulations of provision of the state services" (The Russian Federation Code, 2011, No. 22, Art. 3169; No. 35, Art. 5092; 2012, No. 28, Art. 3908; No. 36, Art. 4903; No. 50, Art. 7070; No. 52, Art. 7507; 2014, No. 5, Art. 506; 2017, No. 44, Art. 6523; 2018, No. 6, Art. 880; No. 25, Art. 3696; No. 36, Art. 5623; to No. 46, of the Art. 7050), I order:

approve the enclosed Administrative regulations of implementation by Federal Service for Labour and Employment of federal state supervision of observance of the labor law and other regulatory legal acts containing regulations of labor right.

Appendix

to the Order of Federal Service for Labour and Employment of June 13, 2019 No. 160

Administrative regulations of implementation by Federal Service for Labour and Employment of federal state supervision of observance of the labor law and other regulatory legal acts containing regulations of labor right

I. General provisions

Name of function

1. The administrative regulations of implementation by Federal Service for Labour and Employment of federal state supervision of observance of the labor law and other regulatory legal acts containing regulations of labor right (further - Administrative regulations, federal state supervision respectively), determine procedure Federal Service for Labour and Employment and its territorial authorities - State Labour Inspection in subjects of the Russian Federation (further - territorial authorities of Rostrud) actions for federal state supervision in the established field of activity, by ensuring availability to the workers who are disabled people, special workplaces and working conditions in the established field of activity, terms and the sequence of actions (ministerial procedures) and also order of interaction with employers in the course of implementation of federal state supervision of observance of the labor law and other regulatory legal acts containing regulations of labor right.

The name of the body exercising federal state supervision

2. Federal state supervision is exercised directly by Rostrud and its territorial authorities.

The regulatory legal acts regulating implementation of federal state supervision

3. The regulatory legal acts regulating implementation of federal state supervision are posted on the official site of Rostrud on the Internet (further - Internet network), in the federal state information system "Federal Register of the State Services (Functions)" (further - the federal register) and in the federal state information system "Single Portal of the State and Municipal Services (Functions)" (further - the Single portal of the state and municipal services (functions)).

Subject of federal state supervision

4. Federal state supervision is exercised by authorized officers of Rostrud and its territorial authorities in the relation:

the legal entities or physical persons registered as individual entrepreneurs and who are performing business activity without formation of legal entity, entered employment relationships with citizens and also the physical persons who are not individual entrepreneurs, entered employment relationships with citizens for the purpose of personal servicing and the help with housekeeping (further - employers);

the citizens of the Russian Federation, foreign citizens and persons without citizenship who entered employment relationships with employers (further - workers).

5. Subject of federal state supervision in the established field of activity is observance of requirements of the labor law and other regulatory legal acts containing regulations of labor right (further - mandatory requirements), including completeness and timeliness of salary payment, calculation in case of dismissal, payments of leaves, observance of the state normative requirements of labor protection, ensuring availability to the workers who are disabled people, special workplaces and working conditions, and also accomplishment of instructions about elimination of the violations revealed during implementation of federal state supervision in the field of work and about holding actions for prevention of violations of mandatory requirements and on protection of labor rights of citizens.

The rights and obligations of officials when implementing federal state supervision

6. Authorized officers of Rostrud and its territorial authorities in accordance with the legislation of the Russian Federation when implementing federal state supervision have the right:

according to the procedure, established by the Convention No. 81 of the International Labour Organization "About inspection of work in the industry and trade" (is accepted in Geneva on July 11, 1947 at the 30th session of the General conference of the International Labour Organization) ratified by the Federal Law of April 11, 1998 No. 58-FZ "About ratification of the Convention of 1947 on inspection of work and the Protocol of 1995 to the Convention of 1947 on inspection of work, the Convention of 1978 on regulation of questions of work and the Convention of 1981 on safety and occupational health and the production circle" (The Russian Federation Code, 1998, No. 15, the Art. 1698) (further - the Convention No. 81 of the ILO), the Federal Law of December 26, 2008 No. 294-FZ "About protection of the rights of legal entities and individual entrepreneurs when implementing the state control (supervision) and municipal control" (The Russian Federation Code, 2008, No. 52, Art. 6249; 2019, No. 12, the Art. 1231) (further - the Federal Law No. 294-FZ), the Labor Code of the Russian Federation (The Russian Federation Code, 2002, No. 1, Art. 3; 2019, No. 14, the Art. 1461) (further - the Labor Code of the Russian Federation), Regulations on federal state supervision of observance of the labor law and other regulatory legal acts containing regulations of labor right, the approved order of the Government of the Russian Federation of September 1, 2012 No. 875 (The Russian Federation Code, 2012, No. 37, Art. 4995; 2015, No. 30, Art. 4586; 2016, No. 48, Art. 6773; 2017, No. 9, Art. 1361, No. 38, Art. 5618, No. 48, Art. 7233; 2018, No. 9, of the Art. 1386, No. 19, of the Art. 2752) (further - Regulations on federal state supervision), freely at any time in the presence of certificates of the established sample to visit for the purpose of conducting check of the organization of all forms of business and patterns of ownership, employers - physical persons;

request from employers and their plenipotentiaries, executive bodies and local government bodies, other organizations and to gratuitously receive from them the documents, explanations, information necessary for implementation of federal state supervision;

investigate labor accidents according to the procedure, No. 73 established by the Labor Code of the Russian Federation, the resolution of the Ministry of Labour and social development of the Russian Federation of October 24, 2002 "About approval of the document forms necessary for investigation and accounting of labor accidents, and regulations on features of investigation of labor accidents in separate industries and the organizations" (it is registered by the Ministry of Justice of the Russian Federation on December 5, 2002, registration No. 3999), with the changes made by orders of the Ministry of Labour and Social Protection of the Russian Federation of February 20, 2014 No. 103n (registration No. 32284) is registered by the Ministry of Justice of the Russian Federation on May 15, 2014, of November 14, 2016 No. 640n (registration No. 44893) is registered by the Ministry of Justice of the Russian Federation on December 22, 2016, (further - the resolution of Ministry of Labor of Russia No. 73);

according to the paragraph of "iv" of part 1 of article 12 of the Convention No. 81 of the ILO, the paragraph the fourth parts 1 of article 357 of the Labor Code of the Russian Federation, the subitem "v" of Item 13 of the Regulations on federal state supervision to withdraw for the analysis samples of the used or processed materials and substances with the notification on it of the employer or his representative and to draw up the relevant statement;

show to employers and their representatives instructions, obligatory for execution, about the elimination of violations of the labor law and other regulatory legal acts containing regulations of labor right, about recovery of the violated rights of workers, attraction guilty of the specified violations to disciplinary responsibility or about their discharge from position according to article 357 of the Labor Code of the Russian Federation;

send to courts of the requirement about liquidation of the organizations or the termination of activities of their structural divisions owing to violation of the state normative requirements of labor protection;

issue instructions about discharge from work of persons which did not pass according to the procedure, No. 1/29 established by the Labor Code of the Russian Federation, the resolution of the Ministry of Labour and social development of the Russian Federation, the Ministry of Education of the Russian Federation of January 13, 2003 "About approval of the Procedure for training in labor protection and examinations of requirements of labor protection of employees of the organizations" (it is registered by the Ministry of Justice of the Russian Federation on February 12, 2003, registration No. 4209), with the changes made by the order of the Ministry of Labour and Social Protection of the Russian Federation No. 697n, the Ministry of Education and Science of the Russian Federation No. 1490 of November 30, 2016 (registration No. 44767), (further - the resolution of Ministry of Labor of Russia, the Ministry of Education of Russia No. 1/29) training in safe methods and acceptances of performance of works is registered by the Ministry of Justice of the Russian Federation on December 16, 2016, instructing in labor protection, training on workplaces and check of knowledge of requirements of labor protection;

prohibit use of means of individual and collective protection of workers if such means do not conform to the mandatory requirements established in accordance with the legislation of the Russian Federation about technical regulation and the state normative requirements of labor protection;

constitute protocols and consider cases on administrative offenses within powers, prepare and direct to law enforcement agencies and to court other materials (documents) on involvement of guilty persons to responsibility according to the Labor Code of the Russian Federation, the Russian Federation Code of Administrative Offences (The Russian Federation Code, 2002, No. 1, Art. 1; 2019, No. 12, the Art. 1219) (further - the Administrative Code), Regulations on federal state supervision;

appear as experts in court in claims for violation of mandatory requirements and indemnification, caused to health of workers in connection with execution of labor (office) obligations.

7. When implementing federal state supervision authorized officers of Rostrud and its territorial authorities shall:

request within interdepartmental information exchange the documents and (or) information included in the list of the documents and (or) information requested and received within interdepartmental information exchange by state control (supervision) bodies, bodies of municipal control under the organization and conducting checks from other state bodies, local government bodies or subordinated to state bodies or local government bodies of the organizations at which disposal these documents and (or) information are (further - the interdepartmental list), No. 724-r approved by the order of the Government of the Russian Federation of April 19, 2016 (The Russian Federation Code, 2016, No. 18, the Art. 2647, No. 42, Art. 5972; 2017, No. 32, Art. 5152; No. 35, Art. 5385; 2019, No. 5, the Art. 410), from other state bodies, local government bodies or subordinated to state bodies or local government bodies of the organizations at which disposal the specified documents are;

timely and fully to perform the powers provided in accordance with the legislation of the Russian Federation according to the prevention, identification and suppression of violations of mandatory requirements;

observe the legislation of the Russian Federation, the right and legitimate interests of the legal entity, individual entrepreneur which it is performed;

not interfere with the head, to other official or the authorized representative of the legal entity, the individual entrepreneur, his authorized representative to be present when conducting check and make explanations on the questions relating to check subject;

provide to the head, other official or the authorized representative of the legal entity, the individual entrepreneur, his authorized representative who are present when conducting check, information and documents relating to check subject;

acquaint the head, other official or the authorized representative of the legal entity, the individual entrepreneur, his authorized representative with results of check, and also with the documents and (or) information received within interdepartmental information exchange;

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