ORDER OF THE GOVERNMENT OF THE RUSSIAN FEDERATION

of September 1, 2012 No. 875

About approval of the Regulations on federal state supervision of observance of the labor law and other regulatory legal acts containing regulations of labor right

According to article 353 of the Labor Code of the Russian Federation the Government of the Russian Federation decides:

1. Approve the enclosed Regulations on federal state supervision of observance of the labor law and other regulatory legal acts containing regulations of labor right.

2. Determine that the powers provided by this resolution are performed by Federal Service for Labour and Employment within the limiting Russian Federation established by the Government of the number of employees of central office and territorial authorities of Service, and also budgetary appropriations provided by it in the federal budget on management and management in the sphere of the established functions.

Approved by the Order of the Government of the Russian Federation of September 1, 2012 No. 875

Regulations on federal state supervision of observance of the labor law and other regulatory legal acts containing regulations of labor right

1. This Provision establishes procedure of federal state supervision of observance of the labor law and other regulatory legal acts containing regulations of labor right including behind observance of requirements of the legislation of the Russian Federation for ensuring availability to the workers who are disabled people, special workplaces and working conditions in the established field of activity (further - federal state supervision in the sphere of work).

2. Federal state supervision in the sphere of work is exercised by the federal inspection of work consisting of Federal Service for Labour and Employment and its territorial authorities (State Labour Inspection) concerning any employers (legal entities (organizations) irrespective of legal form and pattern of ownership, employers - physical persons with which in employment relationships workers consist), and also other subjects which according to the Federal Laws are given the right to sign employment contracts (further - employers).

Federal state supervision in the sphere of work using risk - the oriented approach is exercised concerning employers - legal entities and employers - the physical persons registered in accordance with the established procedure as individual entrepreneurs and performing business activity without formation of legal entity.

3. Federal state supervision in the sphere of work is exercised according to the International Labor Organization Conventions ratified by the Russian Federation concerning inspection of work, the Labor Code of the Russian Federation, other Federal Laws, this Provision and other decisions of the Government of the Russian Federation:

the Head of the Federal Service for Labour and Employment - the chief state inspector of work of the Russian Federation;

deputy managers of Federal Service for Labour and Employment - deputy chief state inspectors of work of the Russian Federation;

the head of the structural unit of central office of Federal Service for Labour and Employment to which functions on the organization and implementation of federal state supervision in the sphere of work are assigned, - the chief state inspector of work;

deputy managers of structural division of central office of Federal Service for Labour and Employment to which functions on the organization and implementation of federal state supervision in the sphere of work are assigned, - the chief state inspectors of work;

chiefs of departments of structural division of central office of Federal Service for Labour and Employment to which functions on the organization and implementation of federal state supervision in the sphere of work are assigned, - the chief state inspectors of work, their deputies;

the chief state inspectors of work, the chief state inspectors of work, the state inspectors of work of departments of structural division of central office of Federal Service for Labour and Employment to which functions on the organization and implementation of federal state supervision in the sphere of work are assigned;

the chief state inspectors of work in subjects of the Russian Federation;

deputy chief state inspectors of work in subjects of the Russian Federation;

heads of structural divisions of the relevant territorial authorities of Federal Service for Labour and Employment - the chief state inspectors of work, their deputies;

the chief state inspectors of work, the chief state inspectors of work, the state inspectors of work of the relevant territorial authorities of Federal Service for Labour and Employment (further - the state inspectors of work).

4. Subject of federal state supervision in the sphere of work is observance of requirements of the labor law and other regulatory legal acts containing regulations of labor right (further - mandatory requirements), including completeness and timeliness of salary payment, observance of the state normative requirements of labor protection, ensuring availability to the workers who are disabled people, special workplaces and working conditions, and also accomplishment of instructions about elimination of the violations revealed during implementation of federal state supervision in the sphere of work and about holding actions for prevention of violations of mandatory requirements and on protection of labor rights of workers.

5. Terms and the sequence of accomplishment of ministerial procedures when implementing federal state supervision in the sphere of work are established by the administrative regulations of execution of the state functions developed and approved according to the order of the Government of the Russian Federation of May 16, 2011 N 373.

6. Federal inspection of work performs the activities in interaction with the federal executive bodies performing functions on federal state supervision in the established field of activity, other federal executive bodies, executive bodies of subjects of the Russian Federation, local government bodies, bodies of prosecutor's office, labor unions (their associations), associations of employers, other organizations. Interaction is performed in accordance with the legislation of the Russian Federation.

7. Federal state supervision in the sphere of work is exercised by means of carrying out scheduled and unscheduled inspections, issue of instructions, obligatory for execution, about elimination of violations, creation of protocols on administrative offenses within powers of the state inspectors of work, preparation of other materials (documents) on involvement of guilty persons for responsibility according to the Federal Laws and other regulatory legal acts of the Russian Federation.

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