In recent years, numerous amendments have been made to labor legislation and the Code of Administrative Offenses. In connection with this, new requirements for employers were added, and the amount of administrative fines was increased several times.

However, the demands of labor inspectors are not justified in all cases.

In this article, we will consider what tools employers have to protect their rights.

Employer's liability

In 2015, amendments to the Code of Administrative Offenses came into force, as a result of which new offenses of labor legislation and fines for them were introduced.

Thus, individual violations of labor protection requirements were separately identified:

Violation by the employer of the established procedure for conducting a special assessment of working conditions at workplaces or failure to conduct it (fine for a legal entity from 60 to 80 thousand rubles);

Admission of an employee to perform job duties without undergoing training in the established order and testing knowledge of labor protection requirements, as well as mandatory preliminary (upon entry to work) and periodic (during employment) medical examinations, mandatory medical examinations at the beginning of the working day (shift) ), mandatory psychiatric examinations or in the presence of medical contraindications (fine for a legal entity from 100 to 130 thousand rubles);

Failure to provide workers with personal protective equipment (fine for a legal entity from 130 to 150 thousand rubles).

The following requirements of labor legislation are also highlighted as separate violations:

Actual admission to work by a person not authorized to do so by the employer, if the employer or his authorized representative refuses to recognize the relationship that has arisen between the person actually admitted to work and this employer as labor (they do not conclude a labor agreement with the person actually admitted to work agreement);

Evasion of registration or improper execution of an employment contract or conclusion of a civil contract that actually regulates labor relations between an employee and an employer (fine for a legal entity from 50 to 100 thousand rubles).

New changes to the legislation also have some relaxations. Thus, an employer who has committed minor violations may be subject to a warning rather than an administrative fine.

Note: A warning as a type of administrative liability was not previously provided for.

Supervision of government bodies over compliance with labor laws

Federal state supervision over compliance with labor legislation and other acts containing labor law norms is carried out by the federal labor inspectorate.

However, state control and/or supervision of compliance with safe work at individual facilities can also be carried out by other authorized executive authorities (for example, Rostekhnadzor).

Supervision of employer compliance with labor legislation is carried out through scheduled and unscheduled inspections of organizations. The procedure for conducting inspections is determined by Federal Law No. 294-FZ of December 26, 2008 “On the protection of the rights of legal entities and individual entrepreneurs in the exercise of state control (supervision) and municipal control” (hereinafter referred to as Law No. 294-FZ) and other regulations.

When conducting inspections, the inspector has the right:

Freely visit the organization's facilities;

Request from the employer all necessary documentation and information necessary to carry out supervisory functions

Take samples of used materials and substances for analysis (with notification to the employer and drawing up the necessary reports);

Submit binding orders to the employer to eliminate violations of labor legislation;

Draw up protocols on administrative offenses (within the limits of their powers.

Note: In accordance with Art. 4.5 of the Code of Administrative Offenses of the Russian Federation, the statute of limitations for bringing to responsibility for violations of labor legislation is one year.

Documents drawn up during inspection

At the end of each inspection, the inspector draws up a report. The act is drawn up in 2 copies, one of which is given to the employer or an authorized representative.

The employer has the right to reflect in the act his disagreement with the results of the inspection, as well as with individual actions of the officials who conducted the inspection.

If during the inspection violations of labor legislation requirements were revealed, the inspector draws up the following documents:

Order to eliminate violations. In which the requirements for the elimination of detected offenses are indicated. The order is served simultaneously with the inspection report;

Protocol on administrative violation. The specified protocol must be drawn up no later than 2 days from the moment of discovery (if additional investigation is required);

Resolution on bringing to administrative responsibility or on termination of proceedings in a case of an administrative offense. Issued based on the results of the consideration of the case. A copy of the affixation is given to the employer within 3 days from the date of its issuance.

A case of an administrative offense is considered initiated from the moment the protocol is drawn up and must be considered by a labor inspectorate official within 15 days. When transferring the protocol to the court within 2 months.

In accordance with Art. 361 of the Labor Code of the Russian Federation, the decisions of a labor inspector can be appealed to the relevant head of subordination, the Chief State Labor Inspector of the Russian Federation and (or) in court. Decisions of the Chief State Labor Inspector can be appealed in court.

Appealing the inspector's decision

Appealing an inspection report or an order to eliminate violations.

In case of disagreement with the facts, conclusions, proposals set out in the inspection report, or with the issued order to eliminate the identified violations, within 15 days from the date of their receipt, the employer may submit a written objection with an attachment to a higher authority in the order of subordination or to a higher person in the order of subordination documents confirming the validity of such objections. The above documents can be sent in the form of electronic documents signed with an enhanced qualified electronic signature.

Also, the order can be appealed in court within 3 months from the day the employer became aware of the violation of his rights, freedoms and legitimate interests.

Note: In the case provided for in Part 2, the period for appealing the decision in court is 10 days.

It is also worth remembering that failure to comply with the order to eliminate identified violations may result in the employer being held administratively liable under Art. 19.5 of the Code of Administrative Offenses of the Russian Federation (providing for a fine of up to 200,000 rubles).

Appealing a decision to impose administrative liability.

A complaint against a decision in a case of an administrative offense may be filed within 10 days from the date of delivery of a copy of the decision.

In accordance with Art. 30.5 of the Code of Administrative Offenses of the Russian Federation, the period for consideration of a complaint by the labor inspectorate is 10 days, by the court - 2 months.

Based on the results of consideration of the complaint, a decision is made, a copy of which is sent to the employer within 3 days.

In accordance with Art. 2.9 Code of Administrative Offenses of the Russian Federation. The employer may also file a petition for exemption from administrative liability due to the minor nature of the offense.

If violations of labor legislation are detected during an inspection, the inspector issues an order to the employer to eliminate these violations, indicating the deadline for elimination (clause 1, part 1, article 17 of Law No. 294-FZ, paragraph six of part one, article 357 of the Labor Code of the Russian Federation).

Unlike an inspection report, an order is an administrative document obliging the employer to take specific measures and giving rise to legal consequences based on the results of the inspection, which is subject to appeal.

An order issued by a labor inspector can be appealed by the employer to the head of the state labor inspectorate or to court (Article 361 of the Labor Code of the Russian Federation, Part 12 of Article 16 of Law No. 294-FZ, Clause 113 of Regulation No. 354n).

With regard to challenging the orders of state labor inspectors, the legislation does not establish requirements for mandatory compliance with the pre-trial procedure for resolving the dispute, so a complaint against the order can be filed immediately
employer to court.

After the CAS of the Russian Federation came into force on September 15, 2015, cases of appealing the orders of the labor inspectorate were considered by the courts in accordance with Chapter 22 of the CAS of the Russian Federation.

However, subsequently the letter of the Supreme Court of the Russian Federation No. 7-ВС-7105/15 dated 05.11.2015 was brought to the attention of the courts, which provides clarifications on the categories of cases that raise questions regarding the determination of the type of legal proceedings (claim or administrative). The letter contains categories of civil cases considered by courts of general jurisdiction in the procedure of civil proceedings, among which are cases challenging the orders of the State Labor Inspectorate.

Therefore, at present, the orders of the labor inspectorate are being challenged in a court of general jurisdiction in the manner of civil litigation according to the rules of subsection II of section II of the Code of Civil Procedure of the Russian Federation.

An application to challenge an employer's order should be submitted to the district court at the location (location of actual location) of the relevant state labor inspectorate (Article 28 of the Code of Civil Procedure of the Russian Federation).

A civil claim in court to declare invalid (illegal) an order issued by the labor inspectorate is filed within 10 days from the date of its receipt (part two of Article 357 of the Labor Code of the Russian Federation). This appeal period is special in relation to the general three-year limitation period established by paragraph 1 of Art. 196 of the Civil Code of the Russian Federation, and is subject to application by the courts when considering cases challenging the orders of state labor inspectors. If the employer misses the specified period without good reason, the court may decide to reject the claim without examining other factual circumstances in the case (Part 6 of Article 152 of the Code of Civil Procedure of the Russian Federation).

Since the requirement to invalidate (illegal) the order of the state labor inspectorate relates to non-property claims, then by virtue of paragraphs. 3 p. 1 art. 333.19 of the Tax Code of the Russian Federation, employers - individuals pay state tax
duty of 300 rubles; employers - organizations - 6,000 rubles.

An employer filing a civil lawsuit in court does not mean that the order issued to him by the labor inspectorate does not need to be followed. The judge has the right to suspend the effect of the contested order on his own initiative, but is not obligated to do so. To suspend the validity of the order, the employer should apply to the court with a corresponding application at any stage of the proceedings, before the decision enters into legal force.

If the employer's civil claim is satisfied, the court makes a decision to invalidate (illegal) the labor inspectorate's order in whole or in part (Part 5 of Article 198 of the Code of Civil Procedure of the Russian Federation).

Also, the order of the state labor inspector can be appealed by the employer to the relevant manager according to his subordination in the manner established by Part 12 of Art. 16 of Law No. 294-FZ. To do this, it is necessary, within 15 days from the date of receipt, to submit written objections to the head of the state labor inspectorate regarding the issued order to eliminate the identified violations in general or its individual provisions. In this case, the employer has the right to attach documents (certified copies thereof) to the objections confirming their validity; or send them in the form of electronic documents signed with an enhanced qualified electronic signature of the person being verified. Objections are subject to consideration by the head of the state labor inspectorate (his deputy) within 10 working days, based on the results of which a written decision is made and brought to the attention of the employer within 3 days after its issuance (clause 63 of Regulation No. 354n).

However, in practice, this method of appeal is ineffective, since a superior manager extremely rarely satisfies the employer’s complaint about the issued order. In addition, unlike challenging an order in court, the legislation does not provide for the possibility of suspending the effect of an order when filing objections in an administrative manner. Also, the fact of filing objections to the relevant subordinate manager regarding the issued order does not interrupt or suspend the ten-day period for going to court.

Therefore, if the employer does not agree with the order received, it is better to appeal it immediately in court.

In the process of production activities, enterprises are visited by various regulatory authorities. They conduct checks and audits and, based on them, issue their verdict. The management does not always agree with him. but there is an opportunity to exercise your legal right and challenge the decisions made. An appeal against a labor inspectorate order is carried out as follows:

1. Appeal to officials by subordination: the head of the inspector, the chief state labor inspector of Russia. If their decisions remain negative, it is worth going to court. The period for appeal is 10 days after the order is issued. After the end of this period, the employer will be required to pay the fine within thirty days.

2. The basis for the complaint is the illegality of the instructions. Supervisory authorities must act within their competence, protect the rights of employers, and adhere to the legislation of the Russian Federation.

3. An instruction that interferes with the further work of the enterprise or stops its economic activity is subject to protest. It must be remembered that an appeal to the court cannot be a basis for suspension or failure to comply with the labor inspectorate’s order. If such a deadline is missed, then the reasons for this must be indicated and evidence must be provided.

The following requirements apply to the text of the complaint:

Such court cases are heard in courts of general jurisdiction, since we are talking about violations of labor law. A pleasant advantage for the employer is exemption from paying state duty.

Appealing a labor inspectorate order

According to Art. 361 of the Labor Code of the Russian Federation. actions of state labor inspectors, including decisions imposing an administrative penalty, can be appealed. However, the appeal must take place in accordance with the procedure established by law in compliance with the deadlines for filing the application.

Methods of appeal

In accordance with Art. 361 of the Labor Code of the Russian Federation. An appeal against a labor inspectorate order can be carried out in two ways: by subordination or in court. In the first case, the actions of the labor inspector are challenged by filing an application with the head of the relevant labor inspectorate. There is also the possibility of filing a complaint with the chief state labor inspector of the Russian Federation.

The person to whom the order of the state labor inspectorate was sent is given the opportunity to independently choose the method of appeal. It is necessary to take into account that decisions imposing punishment in the form of suspension of activities can only be appealed in court.

Terms and procedure for appealing an order

The time frame within which a labor inspectorate order can be challenged in the order of subordination is not established by law. There is a 10-day filing period for filing a complaint with the courts.

If a decision on an administrative offense made by a labor inspector is appealed, then in accordance with Art. 30.3 of the Code of Administrative Offenses of the Russian Federation, it can be challenged within 10 days from the date of its receipt.

A complaint filed with a higher authority must be considered no later than 30 days from the date of its filing. If the applicant does not receive a response within the specified period, then within 3 months he can go to court. If a higher authority refuses, the employer has the right to appeal its decision through the court within a month.

How to file a complaint against a decision of a state labor inspector

There are a number of requirements that must be met when filing a complaint. The document must indicate:

When filing a complaint, you must have two copies of the document, the first of which is transferred to the office, and the second is marked with an incoming number indicating that the document has been accepted for consideration. Also, a complaint against a labor inspectorate order can be sent by registered mail with notification.

Determination of jurisdiction

Before sending a response to the order of the labor inspectorate, it is necessary to determine the jurisdiction for consideration of this type of dispute.

Individuals brought to administrative responsibility may file a complaint:

Complaints from a legal entity or a person carrying out economic activity are also sent to a court of general jurisdiction, since they arise from the labor relationship between an employee and an employer and are not subject to consideration by an arbitration court.

Download a sample application for declaring an order of a state labor inspector illegal here.

Appealing an order from a government agency

Appealing orders from state control (supervision) bodies.

1. The procedure for appealing an order.

Instructions of the labor inspectorate, government supervision, fas, Rospotrebnadzor and other control or supervision bodies are non-normative legal acts.

The procedure for appealing non-normative legal acts is regulated by the Civil Procedural Code of the Russian Federation and the Arbitration Procedural Code of the Russian Federation.

These codes establish the following rules on jurisdiction. If the order of the state control (supervision) body affects the rights and legitimate interests in the field of entrepreneurial and other economic activities, then it is subject to appeal to the Arbitration Court. In other cases, the dispute will be subject to the jurisdiction of a court of general jurisdiction.

In accordance with the provisions of the Arbitration Procedure Code of the Russian Federation, a person has the right to appeal an order if two conditions are met:

1. the order unlawfully imposes an obligation or creates obstacles to the person’s carrying out entrepreneurial or other economic activities

2. the order does not comply with the law or other regulations

The application sent to the Arbitration Court must comply with the requirements of Part 1 of Article 199 of the Arbitration Procedure Code of the Russian Federation (see sample below).

The application must be accompanied by the original of the order, or its duly certified copy, as well as other documents listed in Art. 126 Arbitration Procedure Code of the Russian Federation.

2. Deadline for appealing the order.

The law establishes that a person can appeal a non-normative legal act to a court of general jurisdiction or to an arbitration court within 3 months from the moment the person learned of a violation of his rights or legitimate interests.

In relation to an order, such period will be calculated from the moment the order is received by the person to whom it is addressed.

Missing this deadline does not deprive a person of the right to go to court, but in this case it is necessary to prove that the procedural deadline was missed for a good reason.

3. State fee for appealing the order.

If you apply to the Arbitration Court to challenge the order of the control (supervision) body, a state fee must be paid. Its amount for an individual is 200 rubles, for a legal entity – 2000 rubles.

You can always find the details for paying the state fee on the website of the court that has jurisdiction over your dispute. When applying to the court, a receipt confirming payment of the state duty must be sent along with the application.

4. Sample of appealing an order.

To the Arbitration Court

(name, address)

Applicant:

(name, location address)

Interested people:

(name of the authority that issued the order, location address)

on declaring illegal the order ___(name of the body that issued the order)____ No. _____________ dated “__”___________2013.

“__”___________ 2013, based on the results of an inspection carried out by ___(name of body)_ in the period from “__”___________ 2013 to “__”___________ 2013, an order No. _________ was issued against the applicant to eliminate the violation of _________ legislation.

This order obliges the applicant to take the following actions (eliminate the following violations): _____________________________________________.

We believe that these duties were imposed on the applicant illegally, for the following reasons: _________________________________________________________________________.

On the basis of the above,

Declare illegal and cancel the order ___(name of the authority that issued the order)____ No. _____________ dated “__”___________2013.

Application:

Documents confirming the fact of delivery to interested parties of a copy of the application and documents attached to it. which they do not have (for example: notification of delivery.

Receipt of payment of state duty.

Documents that confirm the circumstances used by the applicant as the basis for the requirements.

The order of the control (supervision) body challenged by the applicant.

A copy of the OGRNIP or OGRNUL certificate.

Power of attorney or other documents confirming the person’s authority to sign the application.

FULL NAME. position, person signing the application

"__"_________2013 signature

The statement must indicate only those factual circumstances that are directly related to the essence of the dispute. The text of the statement must refrain from assessing the actions of officials from the point of view of ethics or morality. It is necessary to indicate how exactly your rights were violated by the disputed order. It is also necessary to indicate exactly how the order does not comply with the requirements of the law: violations during the inspection, the order was signed by an unauthorized official, the requirements specified in the order go beyond the authority of the body. The application must contain references to specific legal provisions. Violations committed by officials must be significant. If you missed the deadline for filing an application, you must indicate for what reasons it was missed and provide arguments indicating that such reasons are valid.

5.Conclusion

In the order specified in this article, the following occurs:

Appealing a labor inspectorate order

Appealing a fire inspection order

Appealing the order of Rospotrebnadzor

Appealing a traffic police order

Appeal against the order

Appealing the Ms's order

Appealing the order of the State Traffic Safety Inspectorate

Appealing the order of the Ministry of Emergency Situations

Appealing the Rostekhnadzor order

The non-profit partnership “Legitimate Business” will provide you with legal assistance with any types of inspections.

Appealing a labor inspection order - trudinspection ru

So, for example, signing an act of clarification does not mean that the employer actually agrees with its contents, but only says that the employer is familiar with this document. This means that he is not considered the object of investigation by the municipal labor inspector and did not at all have the opportunity to be included in the basis of the investigation he carried out: the standard for writing off materials is a sample. After the specified period, the materials are sent to the bailiff for forcible collection****. To recover from the State Labor Inspectorate in the Khanty-Mansi Autonomous Okrug Yugra for the benefit of Tursunt CJSC the costs of paying the state duty in the amount of 200 rubles.. Legal entities and personal traders must keep a journal of control events, in which a record is made of the name of the GIT, date, time of the event, reasons, goals, objectives and subject of the event, violations detected, protocols drawn up, orders issued. If there is a disagreement with the actions of the head of the State Labor Inspectorate in a constituent entity of the Russian Federation, his decisions have every chance of being appealed to the Main State Labor Inspector of the Russian Federation, and also to the tribunal. Appealing an order in a case of an administrative crime Prototype of a claim to appeal decisions of municipal labor inspectors Regulatory legal acts in labor law Main punishments for violation of migration legislation Distinguishing a labor agreement from civil agreements, which are difficult From judicial practice: on the collection of wages In order to upload files, You will need to log in to the website Methodological advice for research Regulations on the division all displayed files were downloaded by users of the website, take into account the date the file was added to the website and its relevance. When copying in full or in part, which was used, a link to the source page is required. When applying to the tribunal, a receipt confirming payment of the state duty had to be submitted along with the application. And the order in the case of an administrative crime committed by a legal entity or a person performing entrepreneurial work in the absence of formation of a legal entity, as a result of part. Failure to comply with labor and labor protection legislation entails the imposition of an administrative fine on officials in the amount of one thousand to five thousand . rub. for persons carrying out entrepreneurial activities without forming a legal entity, from one thousand to 5 thousand rubles. or administrative suspension of activities for up to ninety days for legal entities from 30 thousand to fifty thousand rubles. or administrative suspension of activities for up to ninety days. Attention! Once the order was sent by mail, confirmation of the date of its receipt will be the postmark on the envelope or the date noted in the notification of receipt.

Among other things, there are no legal barriers to appealing decisions of state labor inspectors by other individuals whose rights and freedoms are violated (curtailed) by the decision. Krasnodar and the Department of Movement Affairs of the Main Internal Affairs Directorate of the Krasnodar Territory conducted an audit of the Community related to compliance with labor legislation. Is a psychological test advisable during the professional assessment of applicants (I’m against it, the boss is for it)? With the upcoming New Year holidays or summing up the results of the past, the largest event in the field of Event business 2015 will be held in the Capital: Event Revolution A methodology has been developed to reduce the class (subclass) of hazards criterion for labor in the workplace The number of unemployed people registered with the employment service was 959,445 people Included changes to the norm of providing foreign gentlemen with primary health care support and carrying out preventive vaccinations Changes have been made to the competent standard Educator Changes have been made to the Methodology for conducting a special assessment of labor criteria Appealing decisions of municipal labor inspectors st complaint against the order of the labor inspectorate sample.

The claim must be signed by an authorized person (personal businessman, manager of a legal entity or their adherents). According to the Labor Code of the Russian Federation, on the day the labor relationship is stopped, the employer must make a settlement with the worker.

An administrative fine must be paid by the person held administratively liable no later than 30 days from the date of the preface of the order imposing an administrative fine into legal force. After 30 days, if a document indicating payment of the administrative fine is not available, the body that issued the order applies the appropriate materials ly to the bailiff to collect the amount of the administrative fine in accordance with the norm provided for by federal legislation. If a person who has received an order in a case of an administrative crime, adopted by a municipal labor inspector on the scale of considering an administrative case, is not in accordance with the decision made, then it is appealed in accordance with the norm established.

Labor Code of the Russian Federation, and my labor rights and interests are also infringed. If an employee who is considered a trade union member illegally leaves work, this period is compressed to 10 days. The forms of documents used by the Federal Service for Labor and Employment (Rostrud) have been confirmed. Confirmation of the gentleman's wishes for assistance in the implementation of his constitutional rights and freedoms or the constitutional rights and freedoms of other persons, or information about non-compliance with laws and other regulatory legal acts, shortcomings in the work of municipal bodies, district self-government bodies and officials, or criticism of the work of these bodies and officials, municipal labor inspectors, when implementing government supervision and control over compliance with labor legislation and other regulatory legal acts containing generally recognized standards of labor law, are authorized to: present employers and their adherents with mandatory instructions to eliminate violations of labor legislation and other regulatory legal acts , containing generally accepted standards of labor law, on the restoration of the violated rights of workers, bringing those responsible for the noted violations to disciplinary liability or on their removal from office in the prescribed manner, draw up protocols and examine cases of administrative crimes whenever possible, prepare and refer them to law enforcement agencies and tribunal other materials (documents) on bringing the perpetrators to justice in accordance with federal laws and other regulatory legal acts of the Russian Federation

Complaints against the order of the labor inspectorate (FIT), currently called administrative claims, are an effective method of protecting the interests of participants in labor relations. By virtue of Part 1 of Article 357 of the Labor Code of the Russian Federation, Clause 1 of Part 1 of Article 17 of Law No. 294-FZ, Article 218 of the CAS of the Russian Federation, FIT instructions are issued to employers in the event of violations of labor law standards.
By regulations, the governing bodies of business entities undertake to eliminate the detected violations within a specific time frame.

Thus, instructions are administrative documentation that imposes on the employer the obligation to take specific measures. Based on the results of the audit, they give rise to a complex of legal consequences and, therefore, are subject to appeal. This is directly indicated by Article 16 of Law No. 294-FZ, Article 361 of the Labor Code of the Russian Federation, Article 218 of the CAS of the Russian Federation and Clause 113 of Administrative Regulation No. 354n.

Individuals can challenge an order of an FIT inspector that affects their interests by filing a complaint:

• to a senior official of the FIT, up to the chief labor inspector of Russia
• to the district court

According to Article 17 of the CAS of the Russian Federation, complaints sent by legal entities have the same addressees. Article 24 of the CAS RF assigns jurisdiction in accordance with the choice of the plaintiff. According to this argument, administrative plaintiffs can choose a district court (at the location of the FIT or at the place of residence of the applicant).

Practicing lawyers recommend that when appealing orders, you should immediately go to court. This position is explained by the fact that the fact of filing a complaint with a higher official of the FIT is not a basis for suspending the 3-month period allotted for filing an appeal to the court (Part 1 of Article 219 of the CAS RF). By missing this deadline, the applicant significantly limits his own ability to protect his interests.

It must be remembered that at present Article 357 of the Labor Code of the Russian Federation continues to be in force, according to which orders are subject to appeal to the court within 10 days from the date of their receipt. In this case, it is also important to take into account Art. 19.5 of the Code of Administrative Offenses, which provides for the need to comply with the order within a clearly defined period. An analysis of the listed articles together indicates that it is safer to challenge the FIT order within 10 days.

Challenging orders from higher officials of the FIT does not imply the possibility of suspending their action, while the courts have such a right and can apply it on their own initiative (Article 223 of the CAS RF). In order to suspend the validity of the orders, interested parties are required to apply to the court with a corresponding application at any stage of consideration of the complaint.

Complaints about the order must be submitted in 2 copies. One of them is sent to higher officials of the FIT (or to the court), the second - with a mark of acceptance - remains with the applicant. When generating these requests, applicants must ensure that they indicate:

• details of the court or personal data of the official to whom the FIT order is being appealed
• details of the FIT that issued the appealed order
• personal data or details of the applicant
• dates and numbers of the appealed FIT order
• substantiation of the applicant's demands with a detailed explanation of the reasons why the applicant considers the appealed order illegal;
• the applicant's demands aimed at recognizing the order issued by the FIT as illegal.

An important provision is contained in Part 4 of Article 218 of the CAS of the Russian Federation, according to which administrative claims to challenge FIT orders in defense of the interests of participants in labor relations may be brought to court:

• public authorities;
• prosecutor;
• Commissioner for Human Rights in Russia;
• ombudsman for human rights in the region.

Everyone can make mistakes, including labor inspectors. In particular, when checking an organization, they may incorrectly apply legal norms or violate the procedure for holding them accountable. Perhaps the employer simply does not agree with the inspector’s opinion and will exercise its right to appeal his decision. You will learn from the article how to do this correctly, which authority to contact and within what time frame.

Powers of the labor inspector

By virtue of Art. 353 of the Labor Code of the Russian Federation, federal state supervision of compliance with labor legislation and other regulatory legal acts containing labor law norms is carried out by the federal labor inspectorate in the manner established by Decree of the Government of the Russian Federation of September 1, 2012 N 875 “On approval of the Regulations on federal state supervision of compliance with labor legislation and other regulatory legal acts containing labor law norms" (hereinafter referred to as the Regulations).

Based on the results of an inspection by the State Labor Inspectorate (GIT), a legal entity, as well as managers and other officials of organizations guilty of violating labor legislation and other acts containing labor law norms, are held liable in cases and in the manner determined by the Labor Code of the Russian Federation and other federal laws.

Labor inspectors carrying out inspections have quite a lot of rights established by clause 13 of the Regulations: the right to freely visit employers at any time of the day in order to inspect them, request from them documents, explanations, information necessary to perform supervisory and control functions, etc. . If, during an inspection, violations of labor and labor protection legislation are discovered, the inspector may hold the organization or official liable under Art. 5.27 Code of Administrative Offenses of the Russian Federation. To do this, upon completion of the inspection, he must document the fact of violations. Such documents are:

- inspection report - it contains information about the results of the inspection. The report is drawn up immediately after the inspection, in two copies, one of which is transferred to the employer. It does not matter whether a violation of labor legislation and labor protection was discovered. If violations were discovered, the nature of the violations and the persons who committed them are recorded in the act. The requirements for the act are established in paragraph 2 of Art. 16 Federal Law No. 294-FZ of December 26, 2008 “On the protection of the rights of legal entities and individual entrepreneurs in the exercise of state control (supervision) and municipal control” (hereinafter referred to as Law No. 294-FZ);

- an order to eliminate violations - is issued simultaneously with the inspection report, immediately after the end of the inspection (clause 3 of Article 16 of Law No. 294-FZ). The order specifies the identified violations and the time frame for their elimination;

- a protocol on an administrative offense - is drawn up in the event of detection of offenses. A copy of the protocol is sent to the person in respect of whom it was drawn up within three days from the date of its drawing up. The protocol is signed by the labor inspector who compiled it and the legal representative of the employer. If the representative refuses to sign the protocol, a corresponding entry is made in it (clauses 4.1, 5, Article 28.2 of the Code of Administrative Offenses of the Russian Federation). From the moment the protocol is drawn up, the case of an administrative offense is considered initiated (clause 3, clause 4, article 28.1 of the Code of Administrative Offenses of the Russian Federation);

- a resolution to impose an administrative penalty or to terminate proceedings in a case of an administrative offense. It is drawn up within 15 days from the date of drawing up the protocol after the consideration of the case of an administrative offense. A copy is handed over to the employer (employer's representative) against signature or sent by mail within three days from the date of this decision (Clause 2 of Article 29.11 of the Code of Administrative Offenses of the Russian Federation).

Let us recall that Art. 5.27 of the Code of Administrative Offenses of the Russian Federation provides for the following types of liability:

- administrative penalty;

— disqualification of the manager;

— administrative suspension of the employer’s activities.

Moreover, if a labor inspector has the right to bring administrative responsibility and suspend the activities of an organization, then disqualification is carried out only by a court decision. That is, if an inspector identifies an offense for which liability is provided in the form of disqualification, he draws up a protocol and within three days submits the documents to the court (which considers the case and makes a decision), and sends a copy of the protocol to the employer.

Right to appeal

By virtue of Art. 361 of the Labor Code of the Russian Federation, decisions of state labor inspectors can be appealed to the relevant head of subordination, the chief state labor inspector of the Russian Federation and (or) to court. Decisions of the chief state labor inspector of the Russian Federation can be appealed to the court.

According to paragraph 12 of Art. 16 of Law N 294-FZ, a legal entity whose inspection was carried out, in case of disagreement with the facts, conclusions, proposals set out in the inspection report, or with the issued order to eliminate the identified violations, has the right to appeal these documents to the labor inspectorate, attaching documents confirming the validity of the objections .

Note! The order to eliminate the identified violations is mandatory. If the organization does not fulfill it, it will be brought to administrative liability under clause 1 of Art. 19.5 Code of Administrative Offenses of the Russian Federation.

Guided by Art. 361 of the Labor Code of the Russian Federation, an employer can appeal any document - an act, an order, a protocol, a resolution on bringing to administrative responsibility. In this case, the act is usually appealed together with the order, and the protocol with the resolution.

In addition, the employer can appeal the actions of the inspector to his supervisor or the chief state inspector. By virtue of Art. 364 of the Labor Code of the Russian Federation for illegal actions or inaction, state labor inspectors bear responsibility established by federal laws.

Jurisdiction and terms of appeal

If the employer decides to appeal the order to the state labor inspectorate, he must do this within 15 days from the date of receipt of the act and order (Clause 12 of Article 16 of Law No. 294-FZ). Please note: if during the consideration of the complaint the deadline for eliminating the violations specified in the order arrives, and they are not eliminated, the employer may be held administratively liable.

Some employers simultaneously appeal to both the labor inspectorate and the court. This is not worth doing, since then only the court will consider the complaint (clause 2 of article 30.1 of the Code of Administrative Offenses of the Russian Federation).

Appeals against orders in court are carried out according to the rules established by the Civil Code of the Russian Federation. However, there is some controversy regarding the timing. So, by virtue of paragraph 1 of Art. 256 of the Code of Civil Procedure of the Russian Federation, the employer may go to court within three months from the date of receipt of the order. But there is Art. 357 of the Labor Code of the Russian Federation, according to which in the event of an appeal by a trade union body, an employee or another person to the state labor inspectorate on an issue being considered by the relevant body for consideration of an individual or collective labor dispute (with the exception of claims accepted for consideration by the court, or issues for which there is a court decision), the state labor inspector, upon identifying an obvious violation of labor legislation or other acts containing labor law norms, has the right to issue an order to the employer that is subject to mandatory execution. This order can be appealed by the employer in court within 10 days from the date of its receipt by the employer or his representative.

If we take the norm literally, then the employer is given 10 days to appeal if a trade union or employee contacts the inspectorate on issues related to labor disputes.

Judicial practice on the issue of what time frame to apply - 10 days or three months - is contradictory, so in any case the employer is recommended not to delay filing a complaint and to do so within 10 days from the date of receipt of the order.

At the same time, in order for the employer not to be held accountable for failure to comply with the order during the consideration of the complaint, an application for suspension of the order should be attached to the complaint. The court can do this on its own, but this is only its right, not its obligation.

For your information. The issue of suspending the validity of a contested decision may be resolved by the court at any stage of the proceedings: when preparing the case for trial, during the consideration of the case, as well as after the resolution of the case, but before the court decision enters into legal force, if from the materials attached to the case , the applicant’s explanations indicate that the suspension of the contested decision can prevent possible negative consequences for the applicant (clause 19 of the Resolution of the Plenum of the Armed Forces of the Russian Federation dated February 10, 2009 No. 2).

An appeal against a decision to impose administrative liability occurs accordingly in an administrative manner. Complaint against the decision in accordance with paragraph 1 of Art. 30.3 of the Code of Administrative Offenses of the Russian Federation is submitted within 10 days from the date of delivery or receipt of a copy of the resolution. If a complaint is submitted to the labor inspectorate, the period for its consideration is 10 days, if to the court - two months (Clause 1.1 of Article 30.5 of the Code of Administrative Offenses of the Russian Federation).

Let us note that the complaint is filed in a court of general jurisdiction, and not in an arbitration court, as established by Art. 30.1 of the Code of Administrative Offenses of the Russian Federation, since by virtue of Art. 207 of the Arbitration Procedure Code of the Russian Federation, arbitrators consider cases of bringing to administrative liability in connection with the implementation of entrepreneurial and other economic activities. Labor relations are subject to the jurisdiction of courts of general jurisdiction.

Circumstances excluding administrative liability

In conclusion, let us pay attention to the procedural points in which an organization cannot be held administratively liable. This is, first of all, a violation of the deadlines for attracting her.

Thus, a decision in a case of an administrative offense cannot be made after two months from the date of the violation. And for administrative offenses that entail the disqualification of a manager, he can be held accountable no later than one year from the date of commission of the offense (Clause 3 of Article 4.5 of the Code of Administrative Offenses of the Russian Federation).

In case of a continuing administrative offense, the two-month period begins to be calculated from the date of discovery of this violation.

For your information. Continuing is an administrative offense (action or inaction) that is expressed in long-term ongoing failure to fulfill or improper fulfillment of duties provided for by law. The day of discovery of a continuing administrative offense is the day when the official authorized to draw up a protocol on the administrative offense discovered the fact of its commission.

In addition to violating deadlines, a labor inspector may also violate procedural rules when drawing up a protocol on an administrative violation. Since the Code of Administrative Offenses of the Russian Federation has established a special procedure for drawing up and filling out a protocol, its violation can also become a reason for exemption from administrative liability. But such violations must be significant. The requirements for drawing up a protocol are established by Art. 28.2 Code of Administrative Offenses of the Russian Federation.

According to paragraph 10 of the Resolution of the Plenum of the Supreme Arbitration Court of the Russian Federation dated 02.06.2004 N 10 “On some issues that have arisen in judicial practice when considering cases of administrative offenses,” violation by an administrative body in the proceedings on a case of an administrative offense of the procedural requirements established by the Code of Administrative Offenses of the Russian Federation is the basis for refusal to satisfy the request of an administrative body to bring to administrative responsibility or to declare illegal and cancel the contested decision, provided that these violations are of a significant nature.

The significant nature of the violations is determined based on the consequences that these violations cause and the possibility of eliminating these consequences when considering the case.