Rostrud list of medium-risk employers. Check yourself in the new Rostrud check lists. What to expect for conscientious entrepreneurs
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.
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.
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.
Express your opinion about the article or ask the experts a question to get an answer
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.
On its official website, Rostrud has posted and plans to keep up to date information about all employers whose activities are classified as high and significant risks (https://www.rostrud.ru/rostrud/deyatelnost/?CAT_ID=9517, https:// www.rostrud.ru/rostrud/deyatelnost/?CAT_ID=9518). The information in each of the employer lists is presented by region and contains information about:
- name, OGRN, TIN;
- location of the activity;
- risk categories and the date of the decision to classify the activity as a high or significant risk category ().
Among the capital companies in the list of the high risk category, for example, there are OJSC Russian Railways, Federal State Unitary Enterprise Russian Post, PJSC Sberbank of Russia, Bank of Russia, and in the list of significant ones is the State Unitary Enterprise of the City of Moscow Automotive Transport Plant "MOSAVTOSANTRANS" of the Moscow Department of Health , JSC Transtelecom Company, Federal State Budgetary Educational Institution of Higher Education "Russian Economic University named after G.V. Plekhanov".
How to assess the legality of the actions of representatives of the labor inspectorate? Users of the GARANT system can receive prompt assistance from experts by phone by connecting a new product "Expert advice. Inspections, taxes, law".
Let us remind you that scheduled inspections in relation to the activities of a legal entity or individual entrepreneur classified as a high-risk category are carried out once every two years, and for those classified as a significant risk - once every three years (). At the same time, mining activities, in particular, are considered high risk. At significant risk are manufacturing industries, water supply, wastewater disposal, organization of waste collection and disposal, pollution elimination activities, construction, transportation and storage ().
