How to prepare for the GIT test according to the new rules: what you need to know and what to pay attention to
Irina Plotnikova talks in detail about inspections of state labor inspectorates (GIT) of employers, describes the innovations that must be paid attention to when preparing for the visit of inspectors
Employers know that Rostrud in the face of its territorial bodies – state labor inspectorates (GIT) is closely monitoring their activities. GIT inspectors conduct routine inspections of employers’ compliance with labor laws and promptly respond to complaints received from employees who believe that their labor rights have been violated.2018 significantly changed GIT’s approach to conducting routine inspections of employers: firstly, the risk-based principle of choosing organizations for inclusion in the registry of scheduled inspections for the next year began to be actively applied, and secondly, from July 1, 2018, scheduled inspections of all employers conducted using checklists.
Consider these innovations in more detail.
The essence of the risk-based approach when conducting scheduled inspections is that Rostrud assigns all employers certain risk categories: from low to high. Depending on the assigned category, the frequency of scheduled inspections is determined. So, employers of the high risk category will be checked once every two years, significant risk – once every three years, medium risk – no more than once every five years, moderate risk – no more than once every six years. For employers whose activities are classified as low risk, scheduled inspections are not carried out.
The risk category depends on a number of factors: on the type of economic activity of the employer, on the number of employees, on the number of violations of labor legislation committed by the employer.
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For example, a coal mining enterprise will have a higher degree of risk than a company with office workers; an employer with more than a thousand employees is higher than a small company with only 15 employees.
A high risk coefficient will be assigned to employers who have had industrial accidents over the past three years or who have revealed a wage arrears in the previous year, or who have been held liable for violation of labor laws.
An employer can find out about their risk category by contacting Rostrud. In addition, information on employers who are assigned high and significant risk categories is available on the Rostrud website.
Thus, a risk-based approach determines how often you will be checked. The use of checklists indicates how such checks will be carried out.
Checklists are lists of control questions in various areas of labor relations: the procedure for applying for a job, the contents of an employment contract, the payment of wages, the regulation of labor of foreign workers, compliance with labor protection requirements, and other issues. The Rostrud approves the forms of verification sheets, and currently 133 verification sheets are already in force (a total of 135 sheets are to be approved).
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It is worth noting that they are available for public use on the site of Rostrud. Thus, the employer can familiarize themselves in advance with what exactly the inspectors of GIT will pay attention to during the inspection. Using checklists, a company can independently assess the risks of its having violations of labor laws and eliminate them.
It is important to take into account that the risk-based approach and checklists are applied by the inspectors of GIT only during scheduled inspections.
Unscheduled inspections (for example, based on complaints from employees, or in the event the employer fails to comply with the GIT order to eliminate the identified violations) are most often carried out by the GIT in documentary form: the employer receives a request from the regulatory authorities to provide copies of certain documents.
It is important to remember that the requested documents must be submitted to the GIT within 10 working days, otherwise the company will face a fine. If the employer does not have the opportunity to prepare copies of the documents within the specified period, it is recommended to contact the GIT in writing with a request to provide a delay for the provision of documents.