Labour inspectorate audits

What is happening

A dismissed employee complained to the inspectorate, and a few weeks later a request arrived for dozens of documents: time sheets, payslips, orders and internal policies. The reply is urgent, and some of the documents contain errors.

The company has received a warning about the inadmissibility of a breach, or notice of a preventive visit. Management does not know how serious this is or whether it needs a response.

The audit has ended with an order to remedy breaches on a short deadline and offence reports against the company and its director. Some of the requirements are disputable, and the rest cannot physically be met in time.

What the law says

• Labour inspectorate control measures are governed by Federal Law No. 248-FZ of 31 July 2020 "On State Control (Supervision) and Municipal Control in the Russian Federation": the types of measure, the grounds, time limits and the rights of the business being inspected.
• An unscheduled control measure requires grounds set out in the State Control Law and in some cases the prosecutor's approval; checking those grounds is where our work begins.
• A warning is not a penalty; if the facts it states are wrong, an objection can be filed against it.
• A decision following a control measure, including an order to remedy breaches, must first be challenged through the pre-trial procedure, usually via the state services portal, and only then in court.
• Administrative liability for breaches of employment legislation is set by Article 5.27 of the Code of Administrative Offences, and for breaches of occupational safety requirements by Article 5.27.1; fines are imposed on both the company and its officers.
• For small and medium-sized businesses, a fine may in certain circumstances be replaced with a warning (Article 4.1.1 of the Code of Administrative Offences).

What we do

• We check the grounds for the control measure and compliance with the procedure under the State Control Law.
• We carry out a rapid review of the documents within the scope of the audit and help put in order whatever can lawfully be corrected.
• We prepare replies to the inspectorate's requests, explanations and the set of documents.
• We support the company in dealing with the inspector during an inspection visit or on-site audit.
• We prepare objections to warnings and pre-trial appeals against decisions and orders.
• We defend the company and its director in administrative offence proceedings and apply for a fine to be replaced with a warning where there are grounds.
• We challenge orders and penalty decisions in court.

What we will need from you

• The decision ordering the control measure, the request for documents or the warning.
• The content of the employee's complaint, if known.
• HR documents within the scope of the audit: employment contracts, orders, time sheets, payroll statements, internal policies.
• Occupational safety documents where relevant: safety briefings, the special assessment of working conditions, the occupational risk assessment.
• The audit report, order and offence reports, if the audit has already ended.