Now state labor inspectors are required to use special checklists ("checklists") when conducting scheduled inspections of all employers. Checklists are lists of control issues affecting the most significant mandatory requirements of labor legislation imposed on the employer. At the same time, the subject of the scheduled inspection is limited to the list of issues included in the checklists, which excludes the possibility of the state labor inspector to go beyond the limits of the corresponding checklist.
Currently, by Order of Rostrud No. 655 of November 10, 2017, 107 checklists have been approved, which include both general issues related to the activities of all employers (for example, on the content of employment contracts, the procedure for applying for employment, payment of wages, etc.) and issues related to certain categories of employees (minors, foreign citizens, disabled people, etc.) and employers engaged in certain types of activities (repair of buildings and structures, repair and maintenance of lifting machines, operation of technological transport, etc.).
The inspection plan of the State Labor Inspectorate is drawn up taking into account a risk-oriented approach, according to which all employers belong to one of five risk groups: low risk, moderate risk, medium risk, significant risk, high risk. Accordingly, the planned inspection of employers can be carried out in the following order:
• once every two years for the high-risk category;
• once every three years for the category of significant risk;
• no more than once every five years for the medium risk category;
• no more than once every six years for the category of moderate risk.
In turn, if no decision has been made regarding the employer to classify him to one of the above risk categories, he is considered to be classified as a low risk and a scheduled inspection of the State Labor Inspectorate is not carried out in relation to such an employer.
In case of detection of violations of labor legislation, state labor inspectors have the right, in particular, to issue instructions on the elimination of existing violations and to bring to administrative responsibility both legal entities and officials of organizations.