Principles of disciplinary responsibility

Internal control: its essence and goals

On December 28, 2021, the Ministry of Labor approved Methodological Recommendations for employers on voluntary internal control (self-control) of compliance with labor legislation and other regulatory legal acts containing labor law standards (hereinafter referred to as the Recommendations).

According to the Recommendations, internal control means a voluntary assessment by the employer of the compliance of its activities with the mandatory requirements of labor legislation and other regulations containing labor law standards, through organizational measures, procedures and tools.

Rostrud tried to implement the Recommendations:

• approved the checklists, which are located on the Rostrud website;
• placed the “electronic inspector” service on the electronic portal “Onlineinspector.rf” on the Rostrud website.

And only after this the Recommendations were communicated to all employers for application.

The Recommendations primarily note that internal control is carried out on a voluntary basis. It is recommended to carry it out at least once a year on the basis of the developed local regulations.

The implementation of internal control involves the following goals:

• ensure compliance;
• create “self-assessment tools” for compliance;
• confirm compliance of the enterprise’s activities with the requirements;
• predict measures to ensure compliance with the requirements of labor legislation and other regulations containing labor law standards;
• ensure openness of management decisions within the employing organization.

The recommendations provide for two types of organization of the internal control system:

• creation of an internal control service and (or) appointment of a controller when the number of employees exceeds 250 people;
• “self-inspection” using the interactive service “Electronic Inspector”.

Principles of disciplinary responsibility

ensuring the clear and rhythmic work of the organization, providing workers with raw materials, materials, means to perform labor functions, etc. Therefore, labor discipline is an integral part of production discipline.

According to Professor V.I. Mironov, labor discipline can be considered in 4 aspects? Firstly, as an institution of labor law, which is a set of legal norms that have the following subject of legal regulation: 1) regulate the internal labor regulations of the organization; 2) establish mutual rights and obligations of employees and employers; 3) determine incentive measures for success in work;

4) determine measures of disciplinary liability of employees for unlawful behavior in the process of work.

Secondly, labor discipline can be considered as an element of labor relations, that is, as their integral part. According to Part 1 of Art. 189 of the Labor Code of the Russian Federation, labor discipline is defined as obligatory for all employees to obey the rules of conduct defined in accordance with the Labor Code of the Russian Federation, other laws, agreements, collective agreements and other local regulatory legal acts of the organization, and an employment contract. Thus, as an integral part of labor relations, labor discipline is defined through the responsibilities of employees to comply with the relevant rules of conduct. Duly established responsibilities of employees correspond to the rights of employers, whose authorized representatives can bring negligent employees to disciplinary liability.

Thirdly, labor discipline can be considered as one of the principles of labor law. As a principle of labor law, labor discipline is determined through the right of employers to demand from employees only the fulfillment of those duties that are stipulated by the employment contract concluded in accordance with the requirements of the law, and the obligations of employees to properly perform their labor functions in compliance with the rules established in the organization. Thus, labor discipline as a principle of labor law is implemented through the rights and obligations of employees and employers.

Fourthly, labor discipline can be considered as the actual behavior of employees and authorized representatives of the employer in compliance with the rules of conduct established in the organization in accordance with legal requirements.

According to the famous scientist Buyanova M.O., the importance of labor discipline is that it contributes to:?

-increasing labor productivity and production efficiency;

- achieving high quality work;

-increasing innovation in work;

-reducing injuries and accidents at work and protecting the health of workers.

1.2 Methods of ensuring labor discipline

In the modern theory of labor law, there is no consensus regarding methods of ensuring and strengthening labor discipline. Some scientists identify four methods:? 1) creation of the necessary organizational and economic conditions for normal operation; 2) the method of a conscious attitude towards work; 3) method of persuasion, education, encouragement for conscientious work, success in work; 4) method of coercion.

A similar position is also shared by well-known scientists in the field of labor law R.Z. Livshits, Yu.P. Orlovsky, L.A. Chikanova and others?

Some scientists and specialists in the field of labor law, before the adoption of the Labor Code of the Russian Federation, recognized three methods of ensuring and maintaining labor discipline: the creation by the administration of appropriate organizational conditions for productive work; encouragement for high-quality and productive work; applying economic measures to employees who violate labor discipline?

Persuasion, as scientists define it, is a method of influence that stimulates individuals, social groups or classes to behavior that corresponds to their will, their true interests. In the practical activities of the state, persuasion, as scientists say, is carried out through ideological and psychological influence.

Ideological influence helps to deepen the conviction of workers, that is, their understanding of the laws of social development, awareness of the organic community of personal and public interests in the conditions of a particular era of development of society and the state. It is designed to develop in each employee of a given organization ethical standards for assessing their own behavior and the actions of others in the process of joint work.

Persuasion through psychological influence involves the full use of the interest of a particular individual in satisfying his highest material, functional and spiritual needs, which are organically combined with solving the problems facing society. The nature of psychological influence as a method of persuasion is determined by the direct influence on a person’s mood, thoughts, aspirations, and motives of behavior.

In legal theory, it is generally accepted that coercion is a method of influence that ensures that individuals or social groups perform actions against their will, in the interests of the coercer. Depending on the authorities applying the method of coercion, it is necessary to distinguish between methods of disciplinary and legal influence and social and moral coercion.

Coercion in the labor process as a method of state influence on the behavior of participants in the labor relationship has significant features:

1) Coercion is used, as a rule, in combination with persuasion;

2) The use of coercion as an extreme manifestation of power is permissible under strictly defined conditions, first of all, as a consequence of committing a disciplinary offense;

3) Coercion must be justified and humane, depending on the nature and motives of the behavior and personality of the offender, as well as on the consequences of the offense.

In labor relations, the coercive method is usually applied to employees who violate labor discipline. This method is manifested in the imposition of disciplinary sanctions on them in accordance with the procedure established by law for committing a disciplinary offense.

It must be emphasized that, along with methods of persuasion and coercion, the state widely uses incentive methods in the field of labor relations.

Stimulation influences the very process of using living labor, ensuring increased activity in the performance of labor functions in accordance with the employment contract. This explains the greatest prevalence of incentives in wage systems. The employer has the right to establish various systems of bonuses, incentives, additional payments and allowances, taking into account the opinion of the representative body of employees. This provides benefits and benefits for employees who successfully and conscientiously fulfill their work duties: they are primarily provided with benefits and benefits in the field of socio-cultural and housing services at the expense of the employer.

In conclusion, we can say that the implementation of a set of methods for ensuring and maintaining labor discipline in an organization gives the legal order in the field of labor relations the necessary quality: ensuring a situation where every subjective right is exercised, and every obligation to a party to an employment contract is fulfilled.

CHAPTER YY. The concept and principles of disciplinary responsibility. Types of disciplinary liability and grounds for its occurrence

2.1 Concept and principles of disciplinary liability

Legal problems of disciplinary liability are multifaceted, intersectoral in nature and are at the intersection of a number of sciences, in particular the sciences of administrative and labor law. This is due to the fact that a certain part of employees (for example, employees of the prosecutor's office, judges, etc.) are, in principle, subject to labor law standards.

In modern science, disciplinary liability is a special type of legal liability, therefore, it would be more appropriate to first define the concept of legal liability. Legal responsibility includes the application to the offender of state coercive measures provided for by a legal norm, expressed in the form of deprivations of a personal, organizational or property nature.

Unfortunately, the Labor Code of the Russian Federation does not provide a legal definition of disciplinary liability. In Art. 192 of the Labor Code of the Russian Federation only states that for committing a disciplinary offense, that is, a guilty violation of internal labor regulations, failure to perform or improper performance of job duties, the employer has the right to apply a disciplinary sanction.

Both legal responsibility and disciplinary responsibility, according to such jurists as Samoshchenko I.S., Farukshin M.Kh., are considered in science and literature in two aspects: positive (prospective) and negative (retrospective)?

Positive disciplinary liability means the legal obligation of the subject of the labor relationship (both employee and employer) to act in accordance with the requirements of labor legislation and other regulatory legal acts containing labor law norms.

The concept of disciplinary responsibility in a negative sense is ambiguous. In science, the most researched and developed is the traditional retrospective aspect, which provides for liability only for an offense. Positive disciplinary responsibility has been virtually unexplored in the legal literature.

M.V. Lushnikov and A.M. Lushnikova argue that in labor law disciplinary liability can only be negative, in contrast to material liability, which can be both negative and positive?, but many lawyers do not recognize this statement, since recently there has been a tendency to intensify research into the positive aspect of disciplinary liability.

So, in totality of general features, disciplinary liability is one of the forms of state coercion applied by officials to employees who have committed offenses and entails unfavorable consequences for them. It is always associated with an official negative assessment and condemnation of the behavior of the guilty person.

Summarizing the above, it can be argued that disciplinary liability is an independent type of legal liability. It is characterized by the presence, as a rule, of its own grounds (disciplinary offense), special sanctions (disciplinary sanctions), the subject of the disciplinary offense and the subject of disciplinary power authorized to apply disciplinary sanctions extrajudicially.

Legal relations regarding disciplinary liability of employees have their own principles, which are understood as fundamental principles, key ideas that reflect the essence of disciplinary liability and legal norms governing the relevant relations. Modern principles make it possible to better understand the impact of these norms on social relations and the main directions of their development in modern economic conditions of various organizations.

The principles of disciplinary responsibility include:?

-the principle of legality of disciplinary liability;

-the principle of validity and fairness of disciplinary liability;

-the principle of the appropriateness of disciplinary liability;

-the principle of the inevitability of disciplinary liability;

- speed of onset of disciplinary liability.

The principle of legality is the requirement to be held accountable only for a guilty, unlawful act and only within the limits established by law. Wrongfulness in disciplinary offenses, which are grounds for disciplinary liability, manifests itself differently than in other offenses. As L.A. Syrovatskaya rightly noted, illegality here does not mean the compliance of a specific offense with the provisions prohibiting it, as is the case in criminal law, but a violation of a positive norm that establishes the employee’s labor duties?

The principle of fairness of disciplinary liability establishes the nature of disciplinary sanctions, establishing the need for punishment to correspond to the degree of guilt and the severity of the offense committed, excluding the possibility of increasing the penalty based on the results of consideration of the complaint of the employee subjected to punishment, and providing for responsibility for one’s own actions. This principle also includes the requirement of one legal penalty per offense. The Constitution of the Russian Federation (Article 50) established that “no one can be convicted again for the same crime.”

The principle of expediency characterizes disciplinary responsibility as a means of achieving certain social goals. The operation of this principle presupposes strict individualization of responsibility, taking into account, when choosing a measure of responsibility, the personality traits of the offender, the type and nature of his activities. This principle is also expressed in the possibility of release from punishment (Part 1 of Article 192 of the Labor Code of the Russian Federation), early removal of a disciplinary sanction (Part 2 of Article 194 of the Labor Code of the Russian Federation).

The principle of inevitability of responsibility means that not a single disciplinary offense should remain outside the attention of the employer. The implementation of this principle should be enshrined in the obligation to initiate a disciplinary case for each case of violation of labor discipline.

The principle of the speed of onset of disciplinary liability finds practical expression in establishing deadlines for imposing disciplinary sanctions (Article 193 of the Labor Code of the Russian Federation), in establishing the requirements for prompt resolution of issues of bringing an employee to disciplinary liability. The principle in question stimulates the activities of the employer (his representative) in the timely application of disciplinary sanctions and helps to strengthen the educational impact of disciplinary punishment.

Thus, the principles of disciplinary liability according to the norms of labor law are nothing more than a theoretical expression or basic provisions of an independent type of legal liability.

They, being scientific conclusions, are implemented through management decisions and determine the correct direction of disciplinary practice in the world of work.

2.2 Types of disciplinary liability: general and special

In the science of labor law, there are two types of disciplinary liability of employees.

Firstly, general disciplinary responsibility. It can be applied to all categories of employees if they commit a disciplinary offense. The types of disciplinary sanctions that can be applied as a measure of general disciplinary liability are provided for in Part 1 of Article 192 of the Labor Code of the Russian Federation, which includes the following disciplinary sanctions: 1) reprimand; 2) reprimand; 3) dismissal for appropriate reasons. The above list is exhaustive. The application of general disciplinary liability does not require proof of additional or special legally significant circumstances. In this connection, it is recognized as general disciplinary liability. Guseva V.S., Sibikeev K.V. Labor discipline. Work schedule. M., 2008. P. Secondly, we can highlight the special disciplinary liability of employees, which exists along with general disciplinary liability. At the same time, special disciplinary liability is provided for certain categories of employees. This type of liability is introduced by special legislation, in particular by statutes and regulations on employee discipline.

In the theory of labor law, the question of the criteria for distinguishing special disciplinary liability is debatable.

O.I. Karpenko identifies as such criteria: the range of subjects of responsibility, the broader concept of a disciplinary offense according to the charters and regulations on discipline; application of more stringent disciplinary measures for violation of labor discipline?.

According to V.G. Samoilov, “there are objectively more such criteria”: according to the composition of the subjects; by sources of legal regulation; by type of disciplinary action; on the procedure for applying disciplinary measures and lifting penalties?

The application of special disciplinary liability is always associated with proof of additional, legally significant circumstances.

Can we identify several types of legally significant circumstances that are subject to proof when applying special disciplinary liability?

The first type of special legally significant circumstances that must be proven when applying special disciplinary liability is the assignment of an employee to special subjects who are subject to disciplinary liability according to special rules. For example, prosecutors, judges. At the same time, the general rules on disciplinary liability are applicable to them to the extent that they do not contradict the special legislation on bringing to responsibility of this type.

Secondly, as a type of special legally significant circumstances that must be proven when applying special disciplinary liability, we can highlight the performance by an employee of special labor duties directly related to the life and health of people. Such duties include performing work directly related to the movement of railway transport.

Thirdly, a circumstance, the proof of which allows us to draw a conclusion about the application of special disciplinary liability, is the presence of a special circle of persons or bodies vested with the right to impose disciplinary liability. For example, judges are subject to disciplinary liability by qualification boards upon the recommendation of the chairman of the relevant court. The President of the Russian Federation may bring heads of federal executive bodies to disciplinary liability.

Fourthly, a special type of circumstances, the proof of which allows us to draw a conclusion about the application of special disciplinary liability, is the presence of additional, that is, special, disciplinary sanctions applied to employees. For example, a special disciplinary sanction is the deprivation of the driver’s right to drive a locomotive for a period of three months to one year, with transfer to another job with his consent.

Fifthly, the circumstances, the proof of which allows us to draw a conclusion about the application of special disciplinary liability, should recognize the existence of additional opportunities for appealing disciplinary sanctions. In particular, in addition to the judicial one, there may be an extrajudicial procedure for appealing disciplinary sanctions, for example, to a higher authority or to a higher official. For example, the decision of the regional qualification board of judges on the application of special disciplinary liability can be appealed to the High Qualification Board of Judges of the Russian Federation, and then in court.

Thus, it is worth noting that one of the main criteria for distinguishing special disciplinary liability from general one is the proof of one or more types of circumstances under consideration. Proof of each of them may become the basis for recognizing special disciplinary liability. However, as a general rule, general disciplinary liability is applied along with special one. In this connection, special disciplinary liability is applied only in cases where there are no grounds for applying general disciplinary liability.

2.3 Disciplinary offense as a basis for disciplinary action

Committing a disciplinary offense is a legally significant circumstance when bringing an employee to disciplinary liability. In this connection, it should be recognized that the concept of “disciplinary offense” is legal. This concept also breaks down into legally significant circumstances, the proof of which allows us to draw a conclusion that the employee has committed a disciplinary offense?

Firstly, a legally significant circumstance when committing

A disciplinary offense by an employee is the failure or improper performance by an employee of labor duties assigned to him in accordance with labor legislation, agreements, local regulations and an employment contract. What is meant by an employee’s job responsibilities?

According to Part 2 of Article 21 of the Labor Code of the Russian Federation, the employee is obliged to:

1) conscientiously fulfill their labor obligations

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responsibilities assigned to him by the employment contract;

2) comply with internal labor regulations;

3) observe labor discipline;

4) comply with established labor standards;

5) comply with labor protection and occupational safety requirements;

6) treat the property of the employer and other employees with care;

7) immediately inform the employer or immediate supervisor about the occurrence of a situation that poses a threat to the life and health of people, the safety of the employer’s property.

Secondly, the circumstance that must be proven when committing a disciplinary offense is the employee’s guilt in non-fulfillment or improper fulfillment of his labor duties. An employee’s guilt in committing a disciplinary offense can be expressed in the form of direct or indirect intent. That is, it must be proven that the employee desired or consciously allowed the occurrence of consequences unfavorable for the employer. As a rule, other forms of guilt when committing a disciplinary offense do not exist. Exceptions are cases when a disciplinary offense is committed by an employee whose work function is related to activities that create an increased danger to others, that is, a source of increased danger. These employees may commit a disciplinary offense in the form of negligence or arrogance, that is, the employee may foresee the onset of consequences unfavorable for the employer, but believe that he will be able to avoid them.

Thirdly, the circumstance that requires proof when an employee commits a disciplinary offense is the illegality of the employee’s actions (inaction). An employee may lawfully refuse to perform his job duties, for example, if the employer fails to fulfill his obligation to pay him on time and in full. In this case, the employee refuses forced labor, that is, commits lawful actions.

Fourthly, the circumstance that must be proven when an employee commits a disciplinary offense is the existence of a causal connection between the guilty and unlawful actions (inaction) committed by the employee and the violation or improper performance of his job duties. An employee may commit guilty and unlawful actions that will not be related to his job duties; for example, he may show up at work while on vacation while intoxicated. In this case, there is no causal connection between his guilty and unlawful actions and the performance of his job duties.

Proof of the listed legally significant circumstances, that is, their confirmation by a set of relevant, admissible, reliable and sufficient evidence, allows us to draw a conclusion that the employee has committed a disciplinary offense. The failure to prove at least one of them indicates that the employee did not commit a disciplinary offense.

In connection with the above, a disciplinary offense can be defined as the commission by an employee of a guilty and unlawful action (inaction), which is causally related to the failure to perform or improper performance of the labor duties assigned to him in compliance with legal requirements.

However, proof that an employee has committed a disciplinary offense does not always lead to the employer having the right to apply disciplinary measures against him. To apply a disciplinary measure, the elements of a disciplinary offense must be proven? This composition includes, first of all, the subject of disciplinary responsibility. Such a subject is an individual who has entered into an employment relationship and has reached a certain age. In Art. 63 of the Labor Code of the Russian Federation, the minimum age at which employment is allowed is set at 14 years. Therefore, persons who entered into an employment relationship before this age cannot be recognized as the subject of disciplinary liability. As a general rule, legal representatives (parents, guardians) are held accountable for their actions. However, they do not have an employment relationship with the employer. Whereas disciplinary measures can be applied to persons who have entered into an employment contract. In this connection, disciplinary liability cannot occur for a disciplinary offense committed by an employee under the age of 14. Due to this, these persons cannot be recognized not only as subjects of disciplinary liability, but also of labor law. Legal representatives or guardians may be held liable for their actions based on legal requirements.

The disciplinary offense includes the subjective side, that is, the employee’s mental attitude to the unlawful action (inaction). Guilt in any form can be proven only in relation to an employee who is able to account for and manage his actions. In this connection, an employee who is declared incompetent by a court cannot commit guilty actions and, consequently, become the subject of disciplinary liability.

A disciplinary offense includes an object, that is, a specific provision of internal labor regulations or specific job duties that were not performed by the employee or performed improperly. The absence of a specific violation of labor regulations also does not allow the employee to be legally subject to disciplinary action.

The disciplinary offense also includes an objective side, which consists in the occurrence of consequences unfavorable for the employer, which are in a causal connection with the guilty and unlawful actions (inaction) committed by the employee.

Proof of the considered legally significant circumstances, as well as the presence of the listed elements of a disciplinary offense, which are largely related to these circumstances, allows us to legally resolve the issue of bringing the employee to disciplinary liability.

Can disciplinary offenses be classified into types on various grounds? For example, they can be divided into types depending on the object that was the subject of the violation. In particular, an employee may commit violations of safety regulations, internal labor regulations of the organization, work and rest schedule, etc.

Disciplinary offenses can be classified depending on which employee committed them, that is, according to the subjective criterion. A disciplinary offense can be committed by a worker, an employee, or a minor employee. This classification also has legal significance, since there is a special procedure for bringing minors to disciplinary liability.

Disciplinary offenses can be classified depending on the form of guilt of the employee who committed them. In particular, they can be committed intentionally or through negligence. This classification may also be important when applying disciplinary measures to an employee.

Depending on the proof of the circumstances determining special disciplinary liability, disciplinary offenses can be divided into general and special.

The list of criteria for classifying disciplinary offenses into types cannot be determined exhaustively, since in theory and in practice other criteria may appear that have legal significance when bringing an employee to disciplinary liability.

Conclusion

To summarize, we can highlight the following main points that we investigated in this work:

Firstly, we examined the history of the development of the institution of disciplinary liability, as well as the various approaches of scientists in the field of labor law to the definition of this phenomenon;

Secondly, they defined the concept of labor discipline and clarified its significance in regulating industrial relations in enterprises;

Thirdly, we studied methods of ensuring labor discipline that have a direct moral and material impact on the employee;

Fourthly, we established the generally accepted concept of disciplinary liability in Labor Law and identified its basic principles;

Fifthly, they revealed general and special disciplinary responsibility, the scope of their application, as well as their differences from each other;

Sixthly, we determined the basis for bringing to disciplinary liability in the form of committing a disciplinary offense, its composition, and also classified this legal phenomenon on various grounds.

Internal Control Service

The internal control service can be implemented in the form of two structural divisions:

• department for monitoring compliance with labor protection requirements;
• department for monitoring other requirements.

In addition, a commission should be created consisting of representatives of these departments, the organization's management, trade unions and individual employee representatives.

You can replace two departments with one structural unit that simultaneously performs all the necessary functions. If it is not possible to organize one or two departments, then the manager can simply approve the position of a controller so that he will constantly monitor the state of legality within the enterprise.

The main tasks of the Internal Control Service are:

• establishing the actual state of the organization by analyzing the state and causes of violations of labor legislation by the employer;
• comparison of actual data and the requirements of current labor legislation during a special assessment of working conditions;
• analysis of the found deviations and the degree of their influence on the operating parameters of the organization, analysis of the consequences of the identified deviations and approval on their basis of design, technological and other documentation developed in the organization to ensure compliance with labor legislation;
• identifying the causes of identified deviations, developing plans and programs to identify and prevent violations of the law;
• monitoring the implementation of the plan, recording the activities of the business entity in accordance with the requirements of the law, providing organizational and methodological assistance in the implementation of plans;
• establishing a procedure for preventive work to prevent violations of labor legislation;
• informing and consulting management and ordinary employees on the procedure for implementing certain provisions of labor legislation;
• increasing efficiency and improving the quality of enterprise management through the introduction of internal control tools.

To generate information on the results of internal control measures, the Recommendations propose the following table:

Labor discipline and labor protection

Labor discipline is obligatory for all employees to obey the rules of conduct determined in accordance with the Labor Code of the Russian Federation, other laws, collective bargaining agreements, agreements, employment contracts, and local regulations of the organization.

Labor discipline in production includes adherence to technological and production discipline.

Technological discipline is compliance with the manufacturing technology of a production product, the technological process of its manufacture.

Production discipline is part of the labor discipline of administration officials who are required to organize the continuity of the technological process, the timely supply of materials, tools, equipment, and the coordination of the work of individual production departments in order to ensure the rhythmic, smooth operation of the entire production.

The importance of labor discipline:

1) contributes to the achievement of high quality labor results for each employee and the entire production, work without defects;

2) allows the employee to work with full dedication and show initiative;

3) increases production efficiency and labor productivity of each employee;

4) promotes health protection during work, labor protection of each employee and the entire workforce;

5) promotes the rational use of working time. The organization's labor regulations are determined by the internal labor regulations.

The employer rewards employees for conscientious performance of their job duties.

Types of incentives:

- declaration of gratitude,

- issuance of bonuses,

- awarding a valuable gift, certificate of honor,

- nomination for the title of best in the profession and others.

For special labor services to society and the state, employees can be nominated for state awards.

The employer has the right to apply disciplinary sanctions for committing a disciplinary offense.

Types of disciplinary sanctions:

1) remark;

2) reprimand;

3) dismissal for appropriate reasons and others.

Disciplinary liability is established by labor legislation for a disciplinary offense, which is an unlawful violation of labor discipline by an employee.

There are two types of disciplinary liability: general and special. General disciplinary liability applies to all employees, including production administration officials. Special disciplinary liability is established by special legislation (the Law of the Russian Federation “On the Federal Public Service of the Russian Federation”, charters and regulations on discipline, etc.) for certain categories of employees.

Occupational safety is a system for preserving the life and health of workers in the process of work, which includes legal, socio-economic, sanitary and hygienic, treatment and preventive, rehabilitation and other measures.

Responsibilities for ensuring safe conditions and labor protection in the organization rest with the employer.

The list of employer responsibilities to ensure safe conditions and labor protection is defined in Art. 212 Labor Code of the Russian Federation.

Occupational safety has social, economic and legal significance.

Social significance:

1) protects the life and health of workers from possible industrial hazards;

2) promotes their cultural and technical growth;

3) contributes to the humanization of work.

Economic significance:

1) contributes to the growth of labor productivity of workers, and, consequently, the growth of production and the economy as a whole;

2) helps reduce the loss of working time from temporary disability of workers due to industrial injuries, occupational diseases, saving funds from the Social Insurance Fund.

Legal meaning:

1) promotes work according to ability to work, taking into account the female body, the body of adolescents, the reduced working capacity of disabled people, pensioners;

2) realizes the subjective right of workers to comprehensive labor protection and the employer’s obligation to ensure this right;

3) is the most important element of the labor relationship.

Service "Electronic inspector"

You can conduct a “self-inspection” using checklists, which are a list of criteria in test form, according to which the employer can independently assess compliance with legal requirements, through the “Electronic Inspector” service on the Internet service “Onlineinspection.rf”.

The service also provides the opportunity to receive recommendations for eliminating violations before conducting a state inspection, attaching a legal basis and the necessary document forms.

To date, Rostrud has approved 133 checklists in accordance with Order No. 655 dated November 10, 2017.

Before starting work with the service, the employer must, by order, appoint an authorized official responsible for carrying out a preliminary check of compliance with legal requirements, from the personnel service or internal control service, who has a higher education (legal or economic), work experience and knowledge of labor legislation.

The self-inspection procedure is not provided for inspection of state and municipal employees, employees of the internal affairs department and other law enforcement agencies.

At the moment, the service is operating in test mode, so it is enough to enter even the symbolic name of the organization and start checking, followed by electronic registration by an authorized employee.

When registering, you must provide basic information about the organization (name of the institution, OGRN/TIN, name of the structural unit and full name of the person authorized to conduct the preliminary verification, contact information and email address of the user).

The account of the responsible employee, which will store information about the user’s passport and notifications about messages received in the name of this user, will be accessible only to him and the service operator.

Since compliance with the rights of each employee is subject to verification, it is first necessary to determine the employee in respect of whom the verification will be carried out.

Before you start, you need to prepare and put in front of you a number of documents, for example, an employment contract, an order for employment, a work record book, a letter of resignation, etc.

After this, the conditional or real name of the organization is entered and the test is carried out.

Self-inspection results

If no violations were found as a result of the check, the corresponding system mark is automatically generated. If there were, the employer will be offered a list of measures and tools to eliminate them, which will need to be done immediately, bringing the documentation in accordance with the law.

Upon completion of the inspection, the “Electronic Inspector” service generates an act of verification by the employer of labor legislation.

The practice of implementing internal control is not new, it has been going on for many years, but this does not mean that if the employer has not implemented it at the initial stages, then it will never be able to implement it - absolutely not. It is important to understand that it is better to prevent violations than to correct them, or to correct them than to be subject to penalties, which cannot be called “symbolic”. However, this does not negate the fact that the choice remains with the employer, because internal control is not mandatory.

Based on what was stated earlier, we can conclude that a cost-effective method of self-test, both financially and in terms of time, is to use the “Electronic Inspector” service, the completion of which, even in test mode, will identify and help correct all violations.