The State Labor Inspectorate in the Sverdlovsk Region carried out an unscheduled on-site inspection of compliance with labor laws and working conditions in relation to the client Rezolut. The prerequisite for the inspection was the complaint of the former head of the transport department of the enterprise, who, having worked for only about two months, did not cope with his labor duties and quit, holding a grudge.
As a result, the offended ex-employee sent complaints to a number of regulatory authorities detailing the violations that, in his opinion, were present in the activities of his former employer.
Rezolut’s lawyers, having sufficient experience in interacting with regulatory and supervisory authorities, were able to convince the State Labor Inspectorate of the illegality of demanding those documents that they can receive from other regulatory authorities, while reasonably referring to the Federal Law “On the Protection of the Rights of Legal Entities and Individual entrepreneurs in the exercise of state control (supervision) and municipal control “, as well as the existing law enforcement practice on this issue.
As a result, by presenting only some of the requested documents, as well as accompanying and monitoring the legality of the inspectors’ actions, Rezolut’s lawyers managed to achieve a positive result following the inspection. The claims stated in the complaint of the former employee were found unfounded.
According to Vasily Dryga, “inspections carried out by the labor inspectorate, as a rule, end with an order to eliminate violations – and this is the minimum. It is much more painful for an enterprise to be brought to administrative responsibility under Art. 5.27 of the Administrative Code of the Russian Federation. Especially if the head of the organization or the enterprise itself is brought to justice, since a repeated violation already entails the disqualification of an official for a period of one to three years, and for a legal entity, even the initially revealed violation may entail an administrative suspension of activities. Not to mention the possible criminal and legal risks and the risks of detecting other violations transferred under jurisdiction to other regulatory authorities. The task is also complicated by the fact that according to the law, during an unscheduled on-site check, a legal entity must be notified in any possible way only 24 hours before the start of the check, and in certain cases, the organization may not be notified at all. Naturally, under such conditions, it is almost impossible to properly prepare for the arrival of a labor inspector.
That is why we always recommend our clients not to let such inspections go by chance, always carefully monitor the progress of their implementation, and, no less important, to level out any possible risks in the course of the company’s current activities and in preparation for the inspection. “