What does the labor inspectorate check during a scheduled inspection. How is a labor inspection carried out? Requirements of the labor inspectorate during the inspection

The audit is designed to identify violations of labor laws committed in relation to the rights of employees and ensuring their safety in the workplace. Done off schedule, it brings a lot of trouble to officials, as it leaves little time for its preparation.

The head of the company is notified of an unscheduled inspection a day before it starts (part 16 of article 10 of the Federal Law No. 294 of December 26, 2008). However, if there is evidence of a situation that threatens the health and life of a person, the investigation will be carried out immediately, without sending a notice (part 9 of article 360 of the Labor Code of the Russian Federation).

According to the Labor Code, anonymous complaints are not subject to consideration, so they must contain the full name of the applicant, his place of residence and telephone number. These data cannot be disclosed without the written consent of the employee (Article 358 of the Labor Code of the Russian Federation), either directly or indirectly - during the investigation, which imposes appropriate requirements for its conduct.

The appearance of labor inspectors can be provoked not only by the appeal of employees, but also by violations identified by the tax service or the Pension Fund. In this case, we will talk about a comprehensive audit with the participation of representatives from each institution.

Some facts

You can get information about whether an audit is planned in your organization on the website of the Prosecutor General's Office of the Russian Federation - http://www.genproc.gov.ru/. To do this, go to the section "Consolidated plan for inspections of business entities". It should be borne in mind that, in accordance with paragraph 7 of Article 9 of Law No. 294-FZ, the Prosecutor General's Office has an obligation to form an annual consolidated plan for scheduled inspections and must post this document on its website until December 31 of the current calendar year. However, keep in mind that this applies to scheduled inspections by the labor inspectorate.

Foundations

The frequency of unscheduled inspections is not specified by law. They can be initiated in the following cases:

according to the statement of the employees, there are violations at the enterprise provided for by the Labor Code of the Russian Federation;
employees received a request to analyze the working environment for compliance with legal norms;
a situation has arisen that poses a threat to the health of employees;
the amount of wages is lower than established by law;
wages are not paid on time or partially;
the deadline for fulfilling the order issued to the organization during the previous audit has expired (clause 2, article 10 of the Federal Law No. 294 of December 26, 2008);
received an order from the prosecutor's office.

Powers

In Post. No. 875 states what the labor inspectorate checks on the employee’s complaint and what actions it has the right to:

Investigate at any time of the day.
Identify persons responsible for the occurrence of accidents, the alleged cause of which is non-compliance with labor protection requirements.
Require documents related to the case, both from the enterprise and from the federal authorities or the municipality.
Send samples to the laboratory. This action must be accompanied by the issuance of an act.
Assign measures to eliminate violations, up to the dismissal of some persons. These instructions cannot be rejected by the head of the enterprise.
Apply to the court with a petition to deprive the company of the rights to carry out labor activities.
Take part in the trial as an expert.

However, labor inspectors are not entitled to demand:

papers or samples not related to the subject of the investigation;
original documents for seizure.

Duration

The time allowed for an investigation depends on the size of the organization.

If the inspector does not have time to complete the investigation within the specified time, he has the right to apply for an extension of the period by:

20 days - for large and medium-sized companies;
15:00 - for small businesses.

The documents

What documents to prepare for verification by the labor inspectorate:

The charter of the organization and the rules governing the mode of operation.
Contracts concluded with employees, their personal files and other available information.
Employment contracts with foreign citizens and persons entitled to benefits.
Labor books of employees and a journal in which they are kept.
Work schedule and timesheet, which records the amount of time during which employees were at work.
A document reflecting the order of vacations granted, statements of employees and other related papers.
Local acts on the amount of wages, bonuses and personal data of employees.
Payroll records, employee invoices and other payroll related documents.
Settlement forms.
Forms with signatures of employees confirming their familiarization with the listed documents.

The exact list of what documents the labor inspectorate checks will depend on the reasons for the checks.

Violations

In small enterprises, a violation is often encountered, which is a banal absence of local documents relating to internal regulations, wages, personal files of employees, and labor protection. Their presence is mandatory, even if the company's staff is limited to a single employee. There are other, more common mistakes.

Employment contracts

Sometimes an employee is hired by a small firm by verbal agreement, without a written agreement, which is a violation of the law. It is also possible that it is incorrectly formatted:

the exact amount of salary is not indicated;
there is no signature of the employee stating that he received the second copy of the contract.

The most frequent violations when checking the work of an organization are the absence of employment contracts in writing or their incorrect execution.

Vacation schedule

According to Art. 123 of the Labor Code of the Russian Federation, the schedule must be approved by the order of the director, issued 2 weeks before the coming year. A rare employer is able to comply with this rule in practice. Therefore, if this document is missing, you need to try to draw it up before the review, and do not forget to set the correct approval date.

Also, we must not forget that persons under the age of 18 are granted leave out of turn, at a time convenient for them (Article 267 of the Labor Code of the Russian Federation). However, such employees should also be included in the schedule. If they decide to go on vacation at another time, they will have to write a statement. Other bugs encountered:

Employees were not notified about the vacation 3 weeks before its occurrence.
Vacation pay was paid later than 3 days before the employee went on vacation.

See the video below for more details on labor inspections.

Result

The results of the audit are reflected in the act, which is drawn up in two copies. Usually, in order to sign and receive the act, the manager has to visit the Labor Inspectorate. If violations of the Labor Code have been recorded (which can be avoided very rarely), the organization receives an order that indicates information about the violation:

What is it and when was it allowed.
What statutory act is confirmed.
What should be done to fix it.
How long does it take to be liquidated?

If these recommendations were not taken into account, which will inevitably reveal a second investigation, an administrative penalty may be imposed on the enterprise. In case of disagreement with the conclusions of the commission, the head can appeal against its results.

Penalties

Failure to comply with the order may result in disqualification or penalties. They are exposed to: an enterprise, director or other official (head of personnel department, chief accountant), individual entrepreneur.

Frequently occurring cases that entail the imposition of penalties.

Violations	The amount of the fine (R.) for
Violations	IP	Official	YL
Non-compliance with the Labor Code	1000–5000		30 000–50 000
Repeated violation	5000–10 000	1) 10 000–20 000 2) Disqualification, with a maximum period of 3 years.	50 000–100 000
Illegal admission to work (for example, in the absence of a sanitary book)	For an employee: 3000–5000 For the employer: 10,000–20,000
Lack of an employment contract or incorrect execution	5000–10 000	10 000–20 000	50 000–100 000
Repeated admission to work or lack of a contract	30 000–40 000	Disqualification, the maximum period of which reaches 3 years	100 000–200 000
Failure to comply with labor protection standards	2000–5000		50 000–80 000
Repeated non-compliance	1) 30 000–40 000 2) Disqualification for up to 3 years		1) 100 000–200 000 2) Suspension of activities up to 3 months.
Improper implementation of the special check	5000–10 000		60 000–80 000
Admission to work without a briefing on labor protection	15 000–25 000		60 000–80 000
Lack of protective equipment (if their presence is prescribed by the Labor Code of the Russian Federation)	25 000–30 000		130 000–150 000

All questions of interest can be asked in the comments to the article.

It all depends on what kind of inspection is to be carried out - scheduled or unscheduled (based on a complaint, an application from employees or information received from law enforcement agencies, state authorities, etc.). In any case, the inspector will definitely pay attention to the registration of labor relations, keeping records of working hours, the establishment and payment of wages. These three groups of labor law violations are the most common. Let's consider them in more detail.

Employment contracts with employees are studied by inspectors especially carefully. The main violations here are related to the following:

1) non-compliance with the written form of concluded labor contracts;

2) replacement of employment contracts with civil law labor agreements (work contracts, paid services, etc.);

3) the absence of a number of mandatory conditions in employment contracts, in particular, an indication of the labor function, remuneration, characteristics of working conditions, work and rest regimes, types and conditions of social insurance;

4) the conclusion of fixed-term contracts for the performance of works that are obviously permanent in nature and do not fall under Art. 59 of the Labor Code of the Russian Federation;

5) establishing a probationary period for the heads of organizations and their deputies, chief accountants and their deputies, heads of branches, representative offices or other separate structural divisions of organizations for more than six months, and for other employees - more than three months;

6) failure to familiarize employees with orders for employment;

7) hiring without registration of work books;

8) inclusion in employment contracts of norms that worsen the situation of employees in comparison with the current legislation. For example, the introduction of conditions into the specified contract that if the employee fails to comply with the job description, the employer may reduce the salary for the current month, the possibility for the employer to unilaterally amend and supplement the employment contract;

9) non-issuance of one copy of the employment contract to the hands of the employee;

10) failure to familiarize employees when hiring with the internal labor regulations in force in the organization, job descriptions and other local regulations related to the labor function of the employee, the collective agreement.

We add that it is impossible to use the wording "with payment according to the staffing table" in the employment contract without an exact indication of the salary (tariff rate) - this violates the provisions of Art. 57 of the Labor Code of the Russian Federation. It is also wrong to establish a lower salary for the probationary period - the requirement of Art. 132 of the Labor Code of the Russian Federation on equal pay for equal work. In a fixed-term employment contract, it is imperative to indicate the basis for its urgency (Article 59 of the Labor Code of the Russian Federation).

The second group (recording of working hours) includes, for example, such violations:

1) there are no vacation schedules in the institution;

For your information. The vacation schedule must be approved no later than two weeks before the start of the calendar year (Article 123 of the Labor Code of the Russian Federation).

2) employees are provided with monetary compensation in exchange for unused days of the next paid vacation (an exception here is the provision of compensation upon dismissal);

3) the involvement of employees in overtime work is not supported by the order of the institution;

4) the employee's consent to work on weekends and holidays has not been received.

In terms of remuneration (the third group), the problematic points, as a rule, are:

1) untimely payment of wages;

2) salary payment once a month;

3) failure to provide the employee with a pay slip;

4) the form of the payslip, not approved by the head of the institution;

5) delays in settlement with dismissed employees, non-payment of monetary compensation for unused vacation upon dismissal;

6) errors in wages when combining professions and performing the duties of a temporarily absent employee, when working on weekends and non-working holidays, at night, as well as errors in calculating and paying vacation pay, paying overtime;

7) payment of remuneration in the form of bonuses, allowances to employees, not regulated by the internal local act of the institution (regulation on wages).

In addition, the labor inspector will study the internal local acts of the institution - a collective agreement, internal labor regulations, regulations on remuneration and bonuses, regulations on the protection of personal data, etc.

Thus, when preparing for the visit of a labor inspector, it is advisable to conduct a thorough inspection within the institution to identify violations of labor legislation.

14.08.2015 00:17

Documents for verification by the labor inspectorate

We note right away that the list of documents requested during the verification of the labor inspectorate is not defined anywhere. During the inspection, the labor inspector may request any document confirming (or not confirming) the employer's compliance with labor laws.

Therefore, we can say that all mandatory labor documents must be available to the employer, and these documents must be properly executed.

Treaties

The organization must have the following agreements:

1. Employment contracts. All employment contracts must contain the mandatory conditions established by Article 57 of the Labor Code.

2. Agreements on full individual liability and agreements on full collective (brigade) liability.

The lists of works and categories of employees with whom these contracts can be concluded are approved by the Decree of the Ministry of Labor of the Russian Federation of December 31, 2002 No. 85.

3. Student agreements. These agreements must be in the organization when applying for an apprenticeship.

Mandatory local acts of the organization

Every organization must have:

1 . internal labor regulations;

2 . salary and bonus regulations. This provision is mandatory only if the wage system is not reflected in the collective agreement or in another local act of the organization, for example, in the internal regulations (Article 135 of the Labor Code of the Russian Federation).

3. regulation on personal data of employees(Article 88 of the Labor Code of the Russian Federation);

Under certain conditions, the organization must have the following local acts:

1 . local normative act, which indicates the positions of employees with irregular working hours.

This document is required if the organization has employees who have irregular working hours, provided that this information is not reflected in the collective agreement or other local act, for example, in the internal regulations (Article 101 of the Labor Code of the Russian Federation).

2. shift schedule.

The presence of this document is necessary in cases where work in the organization is carried out in shifts. The shift schedule can be drawn up as an annex to the employment contract (Article 103 of the Labor Code of the Russian Federation);

3. local regulation providing for division of the working day into parts.

This document is mandatory in those organizations where the working day can be divided into parts (Article 105 of the Labor Code of the Russian Federation);

4. a local normative act that provides for the procedure and conditions for employees to pass vocational training or retraining.

The document should be in the organization only if the employer decides on the need to send employees for training, retraining or advanced training (part three of article 196 of the Labor Code of the Russian Federation). Instead of the approval of the LNA, the conditions for training can be included in the collective agreement or, for example, in the internal labor regulations.

5. local normative act establishing the procedure for the application shift method(part four of article 297 of the Labor Code of the Russian Federation). The condition for establishing the procedure for applying the rotational method does not have to be drawn up in a separate local act; this condition can be included in a collective agreement or internal labor regulations.

Labor protection documents

All employers are obligated to ensure safe conditions and labor protection (Article 212 of the Labor Code of the Russian Federation).

Employers must have:

1. Labor protection instructions

Labor protection instructions are among the mandatory local acts of the organization. The Ministry of Labor of Russia issued Guidelines for the development of labor protection instructions (approved on May 13, 2004). Employees must be familiar with the instructions on labor protection against signature. To do this, you should keep a log of familiarization of workers with instructions on labor protection.

2. Documents confirming the passage instruction and training in labor protection.

All employees, including heads of organizations, are required to undergo labor protection training and testing knowledge of labor protection requirements (Article 225 of the Labor Code of the Russian Federation). The procedure for training and testing knowledge is established by the Decree of the Ministry of Labor of Russia and the Ministry of Education of Russia dated January 13, 2003 No. 1/29 (hereinafter referred to as the Procedure).

For all persons hired, as well as for employees transferred to another job, the employer (or a person authorized by him) is obliged to instruct on labor protection (clause 2.1.1 of the Procedure). In addition to the initial briefing, the employer is obliged to conduct repeated and, in established cases, unscheduled briefings.

Conducting all types of briefings is recorded in the relevant briefing logs indicating the signature of the instructed and the signature of the instructing person, as well as the date of the briefing (clause 2.1.3 of the Procedure).

Note that, as a general rule, all employees must undergo training. However, it is obvious that in fact only employees of working professions need such instruction. Therefore, employees who are not associated with the operation, maintenance, testing, adjustment and repair of equipment, the use of electrified or other tools, the storage and use of raw materials and materials, may be exempted from undergoing primary briefing at the workplace.

At the same time, the list of professions and positions of employees exempt from primary briefing at the workplace is approved by the employer (clause 2.1.4 of the Procedure). The same employees are also exempted from undergoing re-instruction. Therefore, the employer must have training logs.

So, the documents confirming the introductory briefing:

minutes of the meeting of the commission for testing knowledge on labor safety;
personal card of training;
introductory briefing log;
logbook of briefing at the workplace;
a list of professions and positions of employees exempted from primary briefing at the workplace.

Forms confirming the passage of the introductory briefing contains GOST 12.0.004-90. “Interstate standard. System of labor safety standards. Organization of labor safety training. General Provisions". All of these forms are recommended.

Orders (instructions) of the employer

Order- This is an administrative document issued and signed by the head of the organization. Labor legislation establishes the obligation to issue orders, while there is no list of possible orders. Therefore, the organization is obliged to keep all "labor" orders.

Orders on personnel must be kept in the organization for 75 years (Article 19 of the List approved by Order of the Ministry of Culture of Russia dated August 25, 2010 No. 558).

Documents related to payroll

The employer is obliged to notify each employee in writing when paying wages (part one, article 136 of the Labor Code of the Russian Federation). Labor inspectors will definitely check whether the form of the payslip is approved by the organization. Therefore, the company must have an order to approve the payslip.

In addition, labor inspectors pay attention to whether the days of payment of wages are indicated:

in an employment contract with an employee;
in the internal labor regulations;
in the collective agreement (if any).

"Vacation" documents

The organization must approve the vacation schedule. The schedule is approved no later than two weeks before the start of the calendar year (part one, article 123 of the Labor Code of the Russian Federation).

In addition to the vacation schedule, labor inspectors will check whether employees are notified of the start time of the vacation no later than two weeks before it starts. Therefore, the organization must have either a special journal for notifying employees about the start of vacation, or copies of notices that must be signed by employees and dated.

personnel documents

The organization must have the following documents:

1. Employment books. The employer is obliged to keep work books for each employee for whom this work is the main one.

2. Personal cards of employees. Personal cards can be kept according to the unified form No. T-2.

Documents on accounting of working hours and staff

The organization must have:

1. Timesheet. The obligation of the employer to keep records of working hours is enshrined in Article 91 of the Labor Code of the Russian Federation. The time sheet can be maintained using the unified form No. T-12.

2. Staffing. It does not directly follow from the Labor Code that the staff list is a mandatory document for all employers. Therefore, if the labor function of employees is determined through a specific type of assigned work (for example, “an employee is hired to clean the territory”, etc.), formally it is possible not to approve the staffing table. Meanwhile, in most cases, it is impossible to do without a staffing table. The employer draws up a staffing table based on the norms of articles 15, 57 of the Labor Code.

Notices and notices

Labor law obliges the employer to notify employees of the occurrence of certain events, so the employer must have:

vacation notices;
notices of reduction in the number or staff of employees;
notice of termination of a fixed-term employment contract;
other notifications.

Applications and certificates received from employees

The organization must keep statements employees:

granting or postponing vacations;
on granting maternity leave and leave to care for a child;
on termination of the employment contract at the initiative of the employee;
other statement.

Rightvki. received from employees:

confirmation of pregnancy;
on the presence (absence) of a criminal record;
other references.

Journals and ledgers

Organizations must maintain the following journals and books:

1. The book of accounting for the movement of work books and inserts in them (the form was approved by the Decree of the Ministry of Labor of Russia dated October 10, 2003 No. 69).

2. Income and expense book for accounting for work book forms and an insert in it (the form was approved by the Decree of the Ministry of Labor of Russia dated October 10, 2003 No. 69).

3. Register of employees leaving on business trips from the sending organization (the form was approved by order of the Ministry of Health and Social Development of Russia dated September 11, 2009 No. 739n).

4. Register of employees who arrived at the organization to which they are seconded (the form was approved by order of the Ministry of Health and Social Development of Russia dated September 11, 2009 No. 739n).

5. Journal of registration of accidents at work (the form was approved by the Decree of the Ministry of Labor of Russia dated October 24, 2002 No. 73).

6. Journal of introductory briefing (form recommended by GOST 12.0.004-90. "Interstate standard. System of labor safety standards. Organization of labor safety training. General provisions").

In addition, the organization must have a Journal of Acquaintance with Local Regulations. Note that the fact of familiarization with local regulations can be confirmed differently, for example, by making familiarization sheets for local regulations.

So, here we have given an extensive, but not complete list of documents that a labor inspector may require during an audit.

If you are not sure that you can correctly assess the availability and correctness of paperwork, we suggest you use the help of our specialists and order the service "personnel audit".

(according to the magazine "Personnel business")

In this article, we will consider how to act when a labor inspectorate comes to an enterprise, what documents it can check and what you need to be prepared for.

Legislative regulation of the issue

Legislative regulation of the issue is carried out by such normative acts as:

Federal Law No. 294 of December 26, 2008, which indicates on what grounds an audit can be carried out;
Labor Code, in particular Chapter 57, which describes the main aspects of conducting inspections by the inspectorate.

What are the checks

Unscheduled. It is carried out, as a rule, after a complaint has been received against the employer or if TI has any grounds for suspicion of violating Russian legislation in the field of labor law
Planned. It is usually held no more than once every three years.

How to find out about a scheduled check

To find out about a scheduled inspection of an organization or an individual entrepreneur, you need to go online to the website of the Prosecutor General's Office of the Russian Federation. Every year, data on scheduled inspections of TI are updated. After December 31 of the current year, you can find information for the next year.

What does the labor inspectorate check during a scheduled inspection?

Inspection by inspectors is carried out according to the Checklists. Each individual question has its own sheet, according to which the inspector performs verification actions. There are two types of inspections - personnel and working conditions. The personnel direction of work includes checking all the necessary documentation and the correctness of its execution, as well as the availability of all documents that must be present at any event without fail. Here you can select a whole list of documents that can be checked selectively or by a complete check, but in general, the execution of the following operations is checked:

Hiring and dismissal of employees (employment contract, applications for hiring and dismissal, orders for hiring and dismissal);
Working hours, rest and work hours (time sheet, employment contract, internal labor regulations, leave orders, leave applications, vacation pay calculation);
Remuneration of labor (calculations and payrolls, staffing, employment contracts);
Occupational safety (recording log of briefings on labor protection, labor contract, order of the head).

In order to know the rights and obligations of the employer and employee, you can use special methodological materials issued by the labor inspectorate. Methodological materials for employers can be downloaded here:

Service "Electronic Inspector"

The TI website has a very informative service that allows both employers and employees to test themselves. This service is called "Electronic Inspector". For employers, the service will be useful in that you can check whether the HR worker is doing everything right and whether all the necessary personnel records are drawn up in accordance with the legislation of the Russian Federation. For an employee, the service allows you to find out if his rights are violated in terms of labor legislation. In the "Electronic Inspector" service, the following areas of labor legislation can be distinguished for inspection:

Work time;
Labor protection of employees;
Rules for the admission and dismissal of employees;
Responsibility of both parties to the employment contract;
Certification of employees;
Protection of personal information;
Hours of work and rest;
Salary;
Employment contract and its amendments and others.

If you have concerns about the execution of certain personnel documents, it is very easy to check yourself in the Electronic Inspector service, this will help you avoid fines when checking TI.

Frequency of inspections

In order for TI to be included in the plan for future audits, at least one of the following conditions must be met:

After the state registration of a company or individual entrepreneur, at least three years must pass. What does it mean? This means that if an individual entrepreneur or legal entity was registered less than three years ago, then TI will not be able to include it in the inspection plan.
More than three years must have elapsed since the previous scheduled inspection. In the same way as in the previous paragraph, if three more years have not passed since the previous inspection, then the inspection cannot include it in the list of planned inspections.

Verification period

The verification should not take longer than the period specified in Russian legislation. In Federal Law No. 294 of December 26, 2008, article number thirteen gives a clear indication of the timing. These instructions are given in the table.

The table shows the maximum possible deadlines, but the verification may be completed earlier than the specified deadlines.

State labor inspectors may conduct unscheduled and scheduled inspections of any employer in accordance with the procedure established by law. The subject of inspections is the compliance by the employer in the course of its activities with the requirements of current regulatory legal acts, which contain labor law norms..

Grounds for labor inspections

What do employees complain about the most?

In the process of carrying out professional activities, employees may have a variety of claims against their superiors. However, modern practice shows that the most common of them are the following:

Delayed wages or unlawful refusal of the employer to fulfill its financial obligations. Salary is the main reason and incentive for the quality performance of regular professional obligations by employees. The employer, in turn, has a heavy responsibility to make regular payments.
In accordance with the established rules, funds must be issued to modern employees at least twice in one calendar month. That is why many companies have the following rule: first, employees receive an advance and only then - the rest of their earnings. Failure to comply with this rule is a serious violation on the part of the employer.
In addition, the funds due to employees must be issued to them on strictly defined dates. These dates are fixed in the relevant section of each employment contract, as well as in other internal documents of the company. Violation of the existing payment schedule by the employer also gives employees the legal right to file formal claims against superiors.
Illegal dismissal. As you know, each employee can be dismissed from the organization on the basis of his own desire, by agreement of the parties, as well as by the unilateral decision of the head. It is in the latter case that employees, most often, have claims against their superiors.
Violation by the employer of the legal rights of employees to receive regular paid leave. According to the standard rules, a rest period must be granted to employees every year. Its duration, in most cases, is exactly 28 days. The departure of employees on legal leave is carried out on the basis of a predetermined schedule. At the same time, the employee can make an independent decision about whether he will take the entire vacation or divide this period into several parts. The employer, in turn, is obliged to fulfill the requirements of the employee. Otherwise, the employee will have every reason to contact the authorized body and file formal claims.
Illegal reduction by the employer. The head has the right to reduce, however, such actions must be justified in terms of legislative norms. Moreover, the current rules established a list of special categories of employees who cannot be subject to reduction under any circumstances. Therefore, if the employer nevertheless decides to lay off such employees, they will be able to recognize this decision as illegal.

Is the inspector obliged to warn about an unscheduled inspection?

An inspection by the labor inspectorate is a special procedure during which special attention is paid to the activities of the organization and its compliance with established legislative standards. Naturally, for each employer, such a check is characterized by serious stress. The fact is that the violations discovered during the verification activities will be necessarily recorded by authorized persons in writing. Moreover, based on the discrepancies found, the employer may be subject to liability measures provided for by law.

That is why modern managers are often worried about whether the labor inspector is obliged to warn the employer in advance about the imminent visit. It should be noted right away that everything here will depend on the direct type of verification that was chosen by the authorized person, for example:

As you know, the inspection of the labor inspectorate can be carried out as planned. In this case, it will be a standard procedure that is performed by authorized persons at regular intervals. In this situation, the labor inspector will indeed be obliged to warn the head of the organization in advance about the upcoming inspection. Moreover, the warning must be in writing. For this, the labor inspector draws up a special notice, which is sent to the employer. This document can be drawn up in free form. The main thing is that it contains the following information: the name and address of the organization to which the labor inspector is sent, basic information that the company will be audited, etc.
During the preparation of the above notification, the authorized person must also observe another important rule, namely, the established deadlines within which the employer must be aware of the verification. In accordance with the current rules, the document must be handed over to the employer no later than three days before the actual start of the inspection.
The second type of inspection of the labor inspectorate can be called unscheduled. It is a special event that, as their name implies, takes place unscheduled. To appoint an unscheduled inspection, the authorized person must have certain grounds. In most cases, such a basis is the receipt of a written appeal from a disgruntled employee. In his letter, he can report various violations that are committed by the employer. The labor inspector never warns the head of the organization about an unscheduled inspection.

How to minimize the negative consequences of a labor inspection?

Of course, the results of any inspection by a labor inspector will directly depend on whether the employer carries out his activities in good faith. However, modern practice allows us to highlight several important tips, the observance of which will reduce the negative consequences to a minimum:

First of all, it is advisable to make contact with the inspector. No need to try to set obstacles for him to carry out the test. This behavior of the employer will only aggravate the situation and set the inspector against him.
When communicating with the inspector, you need to be as restrained as possible, not be rude, and, moreover, not try to intimidate him. All this will only result in additional problems for the director.
In addition, it is necessary to quickly and efficiently fulfill all the requirements of the authorized person. For example, the inspector may require the submission of some additional company documents for their careful study, etc.
After receiving the appropriate conclusion on the results of the audit, it is not necessary to try to challenge the violations indicated in the document. If the employer really considers them unfair, the labor inspector's decision will need to be challenged in court.

It might be useful to read: