On the approval of the regulation on the legal labor inspection of the trade union. To the legal labor inspectorate of the trade union Technical labor inspector registration of pension

Art. 370 of the Labor Code of the Russian Federation provides for the right of trade unions to create technical labor inspectorates of trade unions. The task of TITP is to monitor compliance with labor laws and other regulatory legal acts containing norms labor law. TITP of all-Russian trade unions and their associations are vested with the powers provided for by the provisions approved by the all-Russian trade unions and their associations. TITP of interregional and regional associations (associations) of trade union organizations act on the basis of the regulations adopted by these associations in accordance with the model regulation of the corresponding all-Russian association of trade unions. Trade union technical labor inspectors have the right to freely visit organizations where members of a given trade union or trade unions belonging to an association work to conduct inspections. At the same time, the powers of trade union inspectors include not only verification of compliance with labor legislation and other regulatory legal acts containing labor law norms, but also verification of compliance with the legislation on trade unions, as well as compliance with the terms of the collective agreement, agreement. Trade union technical labor inspectors have the right to: exercise control over compliance by employers with labor legislation and other normative legal acts containing labor law norms; conduct an independent examination of working conditions and ensuring the safety of employees of the organization; take part in the investigation of accidents at work and occupational diseases; receive information from managers and other officials of organizations about the state of working conditions and labor protection, as well as about all accidents at work and occupational diseases; protect the rights and interests of members of the trade union on the issues of compensation for harm caused to their health at work; present employers with demands to suspend work in cases of a direct threat to the life and health of employees; send employers submissions on the elimination of identified violations of laws and other regulatory legal acts containing labor law norms that are mandatory for consideration; to check the state of conditions and labor protection, the fulfillment of the obligations of employers, provided for by collective agreements and agreements; take part in the work of commissions for testing and commissioning of production facilities and means of production as independent experts; participate in the consideration of labor disputes related to violations of labor protection legislation, obligations stipulated by collective agreements and agreements, as well as changes in working conditions; take part in the development of laws and other regulatory legal acts containing labor law norms; participate in the development of draft by-laws on labor protection; apply to the relevant authorities with a demand to bring to justice those guilty of violating laws and other acts containing labor law norms, concealing the facts of accidents at work. In exercising its powers, TITP interacts with state bodies of supervision and control over compliance with laws and other acts containing labor law norms.

Appendix

to the decision of the Central Committee of the Trade Union

POSITION

on technical labor inspection

All-Russian Trade Union of Workers public institutions and public services of the Russian Federation

I. General provisions

1.1. The Technical Labor Inspectorate of the All-Russian Trade Union of Workers of State Institutions and Public Services of the Russian Federation (hereinafter referred to as the Technical Labor Inspectorate of the Trade Union) is the authorized body of the Trade Union, created to exercise trade union control over compliance by employers and their representatives with labor protection legislation, compulsory social insurance against industrial accidents and occupational diseases, fulfillment of the terms of collective agreements, agreements in organizations in which members of the All-Russian Trade Union of Workers of State Institutions and Public Services of the Russian Federation work and (or) study (hereinafter referred to as members of the Trade Union).

1.2. The Technical Labor Inspectorate of the Trade Union in its activities is guided by the Constitution Russian Federation, the Labor Code of the Russian Federation, the Federal Law "On Trade Unions, Their Rights and Guarantees of Activity", other federal laws and regulatory legal acts of the Russian Federation on labor protection, as well as the Charter of the All-Russian Trade Union of Workers of State Institutions and Public Services of the Russian Federation (hereinafter - the Charter of the Trade Union ) and acts on the basis of these Regulations.

The main principles of the action of the technical labor inspection of the Trade Union are legality, objectivity and independence in their assessments of the state of conditions, labor protection while ensuring the protection of the rights of members of the Trade Union to labor protection.

1.3. The Technical Labor Inspectorate of the Trade Union exercises public control over the observance by the employer of labor protection legislation in close contact with freelance technical labor inspectors of the Trade Union, authorized (trusted) persons for labor protection of trade union committees.

1.4. The Technical Labor Inspectorate of the Trade Union interacts with federal executive and legislative authorities, judicial and law enforcement agencies, and territorial authorities federal services and agencies, local governments, as well as with employers (associations of employers).

II. Tasks of the Technical Labor Inspectorate of the Trade Union

2. The main tasks of the technical labor inspection of the Trade Union are:

2.1. Protection of the rights of trade union members to healthy and safe working conditions, preservation of life and health.

2.2. Implementation of trade union control over the employer in compliance with labor laws and other regulatory legal acts containing state requirements for labor protection.

2.3. Defending the rights and social guarantees for healthy and safe working conditions, preserving the life and health of members of the Trade Union in the development of draft federal laws and other regulatory legal acts of the Russian Federation, laws and other regulatory legal acts of the constituent entities of the Russian Federation, regulations of local governments, as well as when development and adoption of collective agreements and agreements, other local regulations.

2.4. Preparation of appeals to state authorities and local governments with proposals to eliminate shortcomings on the part of employers, their representatives, other officials who have violated the norms of labor protection legislation.

2.5. Providing trade union members with information and methodological assistance on the implementation and protection of their rights to labor protection.

III. The main powers of the technical labor inspectorate of the Trade Union

3.1. Technical (chief technical) labor inspectors of the Trade Union have the following powers:

3.1.1. ensure the protection of the rights of members of the Trade Union and trade union organizations from illegal actions (inaction) of employers, their representatives and other officials that violate the rights and interests of members of the Trade Union;

3.1.2. exercise trade union control over compliance by employers and their representatives with the rules and norms of labor protection, labor legislation and other regulatory legal acts containing labor protection norms and safety requirements, legislation on trade unions, their compliance with the terms of collective agreements and agreements in organizations in which members work trade union;

3.1.3. take part in the development and formation of federal, regional and sectoral programs on labor protection, special measures for social protection workers injured at work;

3.1.4. interact with the prosecutor's office, other bodies of state supervision and control during joint inspections, as well as other issues within the framework of relevant agreements;

3.1.5. take part in the work of commissions for the investigation of accidents at work, analyze the circumstances and causes of accidents at work, the completeness and timeliness of investigations of accidents, take measures to eliminate violations of the procedure and terms of investigation, restore violated labor and social rights of members of the Trade Union;

3.1.6. inform the relevant state authorities and local self-government about the facts of violation of the legislation on labor protection, compulsory social insurance against industrial accidents and occupational diseases;

3.1.7. analyze activities and summarize work experience primary organizations Trade Union, freelance technical labor inspectors of the Trade Union and trade union committees authorized for labor protection to organize and monitor the state of labor protection in institutions (organizations), prevent accidents at work, as well as occupational diseases;

3.1.8. submit proposals for consideration by the relevant elected trade union body on issues of compliance with the norms of labor protection legislation, compulsory social insurance against industrial accidents and occupational diseases, maintaining the health of workers, improving the system of trade union control;

3.1.9. to investigate, with the participation of the trade union activists and representatives of the employer, cases of refusal of workers to perform work when a threat to their life and health arises;

3.1.10. control compliance by employers and their representatives with the implementation of sanitary norms and rules, compliance of working conditions with labor protection requirements, provision of workers with overalls, special footwear and other means personal protection(PPE);

3.1.11. develop recommendations, teaching aids, advise on the application of legislation on labor protection, compulsory social insurance against industrial accidents and occupational diseases;

3.1.12. organize and participate in training and advanced training of trade union activists, including through accredited organizations, on labor protection issues;

3.1.13. participate in the dissemination of knowledge on labor protection and compliance with labor protection legislation, compulsory social insurance against industrial accidents and occupational diseases, the procedure for investigating and recording industrial accidents;

3.1.14. provide methodological and practical assistance to the heads of trade union organizations, authorized trade union committees for labor protection, freelance technical labor inspectors of the Trade Union, representatives of the Trade Union in joint committees (commissions) on labor protection, in conducting surveys of institutions (organizations) on issues of conditions and labor protection, developing events to the section collective agreement and labor protection agreements;

3.1.15. consider applications, complaints and other appeals of members of the Trade Union and trade union organizations on labor protection issues, take the necessary measures to eliminate violations of the rules and norms of labor protection.

3.2. The technical (chief technical) labor inspector of the Trade Union, on the basis of surveys, inspections and other materials in the work to protect the rights of members of the Trade Union for labor protection, draws up a Report on the work of the regional (interregional) organization of the Trade Union for labor protection for the reporting period in the form 19-TI and explanatory a note to him, which, before February 15, following the reporting year, sends it to the apparatus of the Central Committee of the Trade Union.

IV. Rights and obligations of technical (chief technical) labor inspectors of the Trade Union

Rights

4.1. To freely visit (upon presentation of a certificate of the established form) any employers (organizations, regardless of their organizational and legal forms and forms of ownership, as well as employers - individuals), who employ members of the Trade Union to exercise public control over compliance by employers with labor protection legislation.

4.2. Participate in the investigation of accidents at work and occupational diseases.

4.3. Receive information from managers, officials and specialists of enterprises about the state of conditions, labor protection, as well as about all accidents at work.

4.4. Request from employers (their representatives) and receive from them documents, explanations, information necessary to perform control functions.

4.5. Participate as independent experts in the work of commissions for testing and acceptance into operation of means of production and vehicles.

4.6. Participate in the development of draft regulatory legalacts on labor protection, as well as coordinate them in the prescribed manner.

4.7. Interact with funds mass media to notify members of the Trade Union, workers about the work of the technical labor inspectorate of the Trade Union for the protection of the rights to labor protection, aimed at increasing the motivation of trade union membership.

4.8. Participate in meetings, seminars on labor protection, including within the framework of international cooperation.

Responsibilities

4.9. When exercising trade union control over compliance with labor protection legislation, observe the legislation of the Russian Federation, the rights and legitimate interests employers and their representatives.

4.10. Conscientiously exercise their powers, promote the protection of social and labor and other civil rights and professional interests of members of the Trade Union, trade union organizations, be objective, strengthen the authority of the Trade Union.

4.11. Consider confidential the source of any complaint against the actions of the employer (his representative), if the verification is carried out in connection with his appeal and the applicant objects to the communication to the employer (his representative) of the data on the source of the complaint.

4.12. Keep a record of his activities and report to the organization of the Trade Union in which he is hired;

4.13. To formalize the results of their activities and the activities of the interregional (regional) organization of the Trade Union for labor protection in writing in the form of the following documents filled in according to the established forms:

19-TI - Report on the work of the interregional (regional) organization of the Trade Union for labor protection (Appendix 1).

An explanatory note must be attached to the report on the work of the regional (interregional) organization of the Trade Union for labor protection;

1-TI - submission on the elimination of identified violations of labor protection legislation (Appendix 2);

2-TI - the requirement to bring to justice officials guilty of violating labor protection legislation (Appendix 3);

3-TI - the requirement to suspend work in cases of a threat to the life and health of workers (Appendix 4).

4.14. To assist members of the Trade Union in drawing up statements of claim to the judicial authorities to protect the rights and interests of healthy and safe working conditions, in the investigation of accidents at work and occupational diseases, to represent their interests in the courts.

4.15. When exercising public control over compliance with labor protection legislation in institutions (organizations), carry and present to the employer (his representative) a certificate of the technical (chief technical) labor inspector of the Trade Union.

4.16. The technical (chief technical) labor inspector of the Trade Union, who is guilty of violating labor legislation and other regulatory legal acts containing labor law norms, is liable in the cases and in the manner established by the legislation of the Russian Federation, these Regulations.

V. Formation and organizational support of the activity of the technical labor inspection of the Trade Union

5.1. The general management of the activities of the technical labor inspection of the Trade Union is carried out by the Central Committee of the Trade Union, the current management is carried out by the Chairman of the Trade Union within the limits of his powers.

5.2. Management of the activities of the technical labor inspectorate of the Trade Union, operating in the territory of the subject of the Russian Federation, is carried out by the relevant elected bodies of the regional (interregional) organization of the Trade Union.

5.3. The technical labor inspectorate of the Trade Union consists of the technical labor inspectorate of the Trade Union, headed by the chief technical labor inspector of the Trade Union, the head of the labor protection and health department of the apparatus of the Trade Union and the technical labor inspectorates of the Trade Union of the relevant elected governing bodies of the regional (interregional) organizations of the Trade Union.

5.4. Technical (chief technical) labor inspectors of the Trade Union are staff members apparatuses of the organizations of the Trade Union.

5.5. The technical (chief technical) labor inspector of the organization of the Trade Union is directly subordinate to the chairman of the organization of the Trade Union, implements decisions made by the bodies of the Trade Union, the bodies of the organization of the Trade Union and the chief technical inspector of labor of the Trade Union within its competence.

5.6. A person with a higher technical education is appointed to the position of chief technical labor inspector of the Trade Union.

5.7. The chief technical (technical) labor inspector of the Trade Union performs the following functions:

Direct organizational and methodological management of the activities of the technical labor inspectorate of the Trade Union, informing about its activities;

Coordinating the work of technical labor inspectors of the Trade Union, assisting in the fulfillment of the tasks assigned to them;

Making proposals for organizing inspections of compliance with labor laws, including joint ones with state control (supervision) bodies, for taking measures to eliminate the identified violations of the rights of members of the Trade Union, trade union organizations;

Implementation of control over the compliance with the current legislation of the decisions adopted by the technical labor inspectors of the Trade Union;

Organization and participation in inspections carried out at the proposals of the governing bodies of the Trade Union in terms of control over the activities of regional (interregional), territorial organizations of the Trade Union for labor protection;

Submission to the Central Committee of the Trade Union, as well as to the FNPR of annual information on the activities of the technical labor inspectorate of the Trade Union and making proposals for improving its activities;

Preparation of proposals for conducting at least once every 3 years training organized in accordance with the work plan of the Central Committee of the Trade Union;

Study and analysis of statistical data of regional (interregional) organizations of the Trade Union in various areas of labor protection;

Generalization of the practice of work of technical labor inspectors of the Trade Union on the implementation of trade union control over compliance with labor protection legislation;

Development of work plans for the technical labor inspectorate, taking into account the proposals of the Permanent Commission of the Central Committee of the Trade Union on labor protection.

5.8 The technical (chief technical) labor inspector of the Trade Union is appointed and dismissed by the chairman of the regional (interregional) organization of the Trade Union. The Chief Technical Labor Inspector of the Trade Union is appointed and dismissed by the Chairman of the Trade Union.

5.9. The chairman of the regional (interregional) organization of the Trade Union must, within a week, notify the Central Committee of the Trade Union and the chief technical labor inspector of the Trade Union of the appointment and dismissal of technical (chief technical) labor inspectors of the Trade Union.

5.10. The Central Committee of the Trade Union, interregional (regional) organizations of the Trade Union independently determine staffing technical labor inspectors of the Trade Union.

5.11. Complaints against the decisions taken by the technical (chief technical) labor inspectors of the Trade Union are considered by the relevant elected individual and (or) collegiate executive body organizations of the Trade Union, and, if necessary, by a higher elected collegial executive body of the organization of the Trade Union in the manner established in the organization of the Trade Union.

5.12. Disagreements on decisions made by the chief technical labor inspector of the Trade Union are considered by the Chairman of the Trade Union.

Appendix No. 1 to the Regulation

Form 1-TI

Technical Labor Inspectorate

(Moscow, 119119, Leninsky prospect, 42, tel.: 938-81-64; 938-79-77)

Submission No. ____ dated ___________ 200_

on the elimination of revealed violations of the norms of legislation on labor protection, the environment and

compulsory social insurance

industrial accidents and occupational diseases

To whom ______

Full Name

Copy: To the chairman of the trade union committee of the organization

______________________________________________________________

Full Name

In accordance with Article 20 of the Federal Law "On Trade Unions, Their Rights and Guarantees of Activity", Article 370 Labor Code Russian Federation, Article 68 of the Federal Law "On Environmental Protection", Article 26 of the Federal Law "On Compulsory Social Insurance against Occupational Accidents and Occupational Diseases" I SUGGEST FIXING THE FOLLOWING:

I ask you to inform the technical (chief technical) labor inspector of the Trade Union about the results of consideration of the Submission and the measures taken by _____________200_. Technical (chief technical) inspector labor of the Trade Union on __________________________ _______________ republic, region, region, city signature ______________________________________________________________________________ surname, name, patronymic, office phone Submission received by _________________________________________________________ surname, name, patronymic, position ___________________ _____________________ signature date, time

Appendix No. 2 to the Regulation

on the Technical Labor Inspectorate of the Trade Union

Form 2-TI

Technical Labor Inspectorate

All-Russian Trade Union of Workers of State Institutions

and public services of the Russian Federation

(Moscow, 119119, Leninsky prospect, 42, tel.: 938-81-64; 938-79-77)

Requirement No. ___ dated ____________ 200_.

on the prosecution of persons guilty of violating the norms

legislation on labor protection, the environment and mandatory

social insurance against industrial accidents

and occupational diseases

To whom_________________________________________________________ ______________________________________________________________

position, surname, name, patronymic of the head of the state supervision and control body

Surname, name, patronymic of the head of the organization

In accordance with Article 20 of the Federal Law "On Trade Unions, Their Rights and Guarantees of Activities", Article 370 of the Labor Code of the Russian Federation, Article 68 of the Federal Law of the Russian Federation "On Environmental Protection", Article 26 of the Federal Law "On Compulsory Social Insurance against Accidents" accidents at work and occupational diseases I am requesting to be recruited by ________________________________________________________________________________

(disciplinary, administrative, criminal)

Responsibility

(position, full name of the person (persons) who committed the violation)

behind_____________________________________________________________________________________________________________________

_______________________________________________________________________________________________________________________

labour, environment and industrial accident insurance

and occupational diseases)

I ask you to inform the technical (chief technical) labor inspector of the decision made by ______________________________

(day month Year)

Addendum: Submission dated "__"______20___ №________ Technical (Chief Technical) Labor Inspector _____________________________________________

Signature

________________________________________________________________________________________

Full Name

Appendix No. 3 to the Regulation

on the Technical Labor Inspectorate of the Trade Union

Form 3-TI

Technical Labor Inspectorate

All-Russian Trade Union of Workers of State Institutions

and public services of the Russian Federation

(Moscow, 119119, Leninsky prospect, 42, tel.: 938-81-64; 938-79-77)

REQUIREMENT No. _____ dated ________________ 200__

on the suspension of work in cases of direct threat to the life and health of workers

To whom____________________________________________________________________________

Full Name

_____________________________________________________________ _____________________________________________________________

position, company name

Copy: Chairman of the trade union committee organizations _________________________________________________________

Full Name

In accordance with Article 20 of the Federal Law "On Trade Unions, Their Rights and Guarantees of Activity", Article 370 of the Labor Code of the Russian Federation. I want to suspend ________________________________________________________________________________

(name of work, production equipment, machines,

____________________________________________________________________________________________________

machinery or production sites, workplaces, etc.)

_____________________________________________________________________________________________________

(statement of violations of regulatory requirements for labor protection,

______________________________________________________________________________________________________

creating a direct threat to the life and health of workers,

_______________________________________________________________________________________________________

________________________________________________________________________________________________________

on labor protection)

Technical (chief technical) labor inspector for _____________________ ____________ ___________________ signature surname, acting The requirement was received by "___" _______ 200__. at "___" hours, "___" minutes ______________________________________________________________ signature surname, name, patronymic

Position

As you noticed, in order to get to the website of the labor inspectorate in your region, it is enough to enter the following in the address bar of your browser: git(number of your region).rostrud.ru Powers of the state labor inspector In order to successfully protect your rights, it is important to know how the state labor inspector can help you! Familiarize yourself with these powers of inspectors before contacting the labor inspectorate. First, you will better understand what action it makes sense to ask for in your particular case. Secondly, you will find out what powers the labor inspector does not have (for example, the inspector does not initiate criminal cases, does not seize property, etc.).

Based on this, you choose the addressee for a written appeal: the chairman of the regional committee of your trade union or the chairman of the territorial association of trade unions. They, in turn, will entrust the case to their legal inspectors. Written appeals can be brought in person or sent by mail.

Attention

There are no deadlines for responding to appeals for trade unions, therefore, unless otherwise established by trade union documents, your appeal should be considered within a reasonable time. As a general rule, a month is a reasonable time. The legal inspector of the trade union has significant powers. Firstly, he can freely visit any employer who employs trade union members to monitor compliance with the law - that is, the employer is obliged to let the inspector into the organization.

Secondly, the employer is obliged to provide the inspector with the relevant documents.

15. rights of trade union labor inspectors.

Thirdly, the inspector has the right to send the employer a proposal to eliminate violations, and the employer is obliged to report within a week on the results of the consideration of the requirement and the measures taken. An employee should also be aware of one nuance when contacting a trade union. The inspector conducts an inspection in two cases: at the request of a trade union member (problem inspection) and according to the plan of inspections (scheduled inspection), which is accepted, as a rule, once every six months.
Therefore, if an employee needs to quickly solve a problem, then, most likely, they will have to “order” a problem check. If the matter is not so urgent, you can use another option: contact the chairman of the regional committee of the trade union in which you are a member, with a request to include your employer in the inspection plan, explaining the essence of the problem.

Rights of trade union labor inspectors

Site: http://www.rostrud.ru On the same site, in the subsection "Territorial bodies of Rostrud" there is information about the territorial inspection bodies - in the subjects of the Russian Federation: http://www.rostrud.ru/rostrud/territorialnye-organy/ All labor inspectorates at the level of subjects of the Russian Federation have their own websites. For example: The State Labor Inspectorate in Moscow - http://git77.rostrud.ru/ The State Labor Inspectorate in the Chuvash Republic - http://git21.rostrud.ru/ The State Labor Inspectorate in the Samara Region - http://git63. rostrud.ru/ State Labor Inspectorate in the Kirov region - http://git43.rostrud.ru/etc.

Powers of the Labor Inspectorate

Important

Otherwise, the application will be recognized as anonymous, and the inspection does not consider anonymous letters. All information that the citizen indicated in the application should in no case be disclosed. The rights of trade union labor inspectors Important According to this plan, the legal inspector will come to an unsuspecting employer as if with an ordinary scheduled inspection and, studying the documents, as if by chance discovers a violation of your right.

Thus, you will remain “nothing to do with it”, but your problem will be dealt with. It should be remembered that the employer is not obliged to fulfill the requirement specified in the submission, which is a minus for the employee.

An employee can send an appeal to the state labor inspectorate in the form of an electronic document to the legal labor inspectorate of the trade union Federal Law “On the procedure for considering the appeal of citizens of the Russian Federation”. git77.rostrud.ru/room/ (appeal to the Moscow Inspectorate). Functions of the State Labor Inspectorate: monitoring compliance by employers with labor legislation by conducting inspections, surveys, issuing binding orders to eliminate violations, drawing up protocols on administrative offenses, considering cases of administrative offenses - i.e.
Labor Code of the Russian Federation, - suspension of work in case of delay in payment wages 2) the employee has the right to refuse to perform work not provided for by the employment contract, in particular, from work with harmful and (or) dangerous working conditions, if their performance is not provided for by the employment contract. 3) The employee has the right to refuse to perform job duties and return to work due to non-payment of wages, including partial. 4) The employee has the right to refuse to comply with illegal orders of the employer. 5) The employee has the right to refuse to give explanations when bringing to disciplinary responsibility, as well as to refuse to testify in labor cases against his relatives. In accordance with Part 1 of Art. 51 of the Constitution of the Russian Federation, an employee may refuse to testify against himself, his spouse and close relatives.

Do trade union bodies have the right to apply to the labor inspectorate

• home
• labor consultant
• To the legal labor inspectorate of the trade union

So, if your right is violated, you can contact the union legal labor inspector. If the regional branch of your trade union has its own full-time legal inspector, then he will deal with you. If not, then the problem will be solved by the legal labor inspectorate of the trade union association.

If the reasoned opinion of the elected body of the primary trade union organization does not contain agreement with the draft local normative act or contains proposals for its improvement, the employer may agree with it or is obliged to conduct additional consultations with the elected body of the primary trade union within three days after receiving the reasoned opinion. trade union organization of workers in order to reach a mutually acceptable solution. 4) If agreement is not reached, the disagreements that have arisen are documented in a protocol, after which the employer has the right to adopt a local normative act, which can be appealed by the elected body of the primary trade union organization to the relevant state labor inspectorate or to the court.
The procedure for taking into account the reasoned opinion of the elected body of the primary trade union organization upon termination employment contract at the initiative of the employer According to Article 373 of the Labor Code of Russia 1) When deciding on the possible termination of the employment contract in accordance with paragraphs 2.3 or 5 of the first part of Article 81 of the Labor Code with the employee, the employer sends to the elected body of the relevant primary trade union organization a draft order, as well as copies documents that are the basis for making the said decision. 2) The elected body of the primary trade union organization, within seven working days from the date of receipt of the draft order and copies of documents, considers this issue and sends its reasoned opinion to the employer in writing. An opinion not submitted within seven days is not taken into account by the employer.
If not, then the problem will be solved by the legal labor inspectorate of the trade union association.

• The name of the authority to which the complaint is directed;
• Information about the complainant: full name, address, contact phone number;
• Full name of the employer's organization where the violations occurred;
• Address of the organization, full name of the head and, if possible, TIN;
• The essence of the appeal: detailed description violations indicating evidence supporting the applicant's words;
• Information about the consideration of a controversial issue within the organization;
• If a complaint is filed with law enforcement agencies, it is desirable to indicate the signs of what offense or crime are there in the actions of the employer;
• Date of writing the appeal;
• Signature.

Download a sample complaint against the employer Attached to the complaint are documents proving violations of labor laws.
The State Labor Inspectorate, within ten days from the date of receipt of the complaint (application), considers the issue of dismissal and, if it is recognized as illegal, issues an obligatory order to the employer to reinstate the employee at work with payment for forced absenteeism.

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• To the legal labor inspectorate of the trade union

Trade unions have the right to monitor how the employer complies with labor laws and collective agreements and agreements. To do this, trade unions can create legal and technical labor inspectorates of trade unions (Labor Code Art. 370). If the trade union is large enough, its regional branch has its own legal inspectorate, if not, then it is in the territorial association of trade unions.
So, if your right is violated, you can contact the union legal labor inspector.

Should an employer let a trade union inspector into the territory of the organization if he has not presented a special certificate What sanctions can a trade union inspector apply to an employer for non-compliance with labor protection standards Are guarantees against dismissal apply to the labor protection commissioner if he is elected in violation of the established procedure

Ivanova Anna Andreevna, Head of Labor Law Practice at Egorov Puginsky Afanasiev & Partners

Leonova Anna Alexandrovna, Attorney Trainee at Egorov Puginsky Afanasiev & Partners

Ensuring safe working conditions at the enterprise is the responsibility of the employer. To do this, companies create special departments that deal with labor protection. At the same time, trade unions are also quite actively involved in ensuring safe conditions work. For example, they can elect their labor inspectors and give them fairly broad powers. Such persons, in particular, can send employers submissions on the elimination of identified violations, and in some cases even demand the suspension of production due to non-compliance with legal norms. Members of the primary trade union organization can also monitor safety at work. To do this, they need to obtain the status of a labor protection commissioner. This status gives them a rather important advantage - the employer does not have the right to dismiss them without the consent of the trade union. However, unfortunately, in practice, employees often abuse this guarantee and are only formally authorized. In order to stop unfair actions on the part of trade unions, the employer should know the rules that representatives of the trade union organization must comply with.

The employer has the right to prohibit the trade union inspector from entering its territory in the absence of relevant documents

A trade union inspector and a labor protection commissioner have similar powers in exercising control and supervision over compliance with labor legislation and labor protection (). However, in terms of the scope of the guarantees provided to them, their statuses differ. First of all, it should be understood that in accordance with the Federal Law of January 12, 1996 No. 10-FZ “On Trade Unions, Their Rights and Guarantees of Activities” (hereinafter referred to as the Law on Trade Unions), trade union inspectors are members of the labor inspectorate created in the trade union. These inspections are created for the purpose of trade union control. The activities of trade union labor protection inspectors are regulated by the Labor Code of the Russian Federation, as well as internal documents of the trade union. The requirements for trade union labor inspectors are enshrined in special provisions of the trade union and provide for: the election of an inspector, his work experience, the availability of special skills and knowledge, the availability of a special certificate, reporting requirements, etc. At the same time, it must be remembered that the right to create such inspections endowed, firstly, with all-Russian trade unions and their associations, and, secondly, with an interregional or territorial association (association) of trade union organizations. Trade union inspectors operating in the territory of a constituent entity of the Russian Federation may visit any employers who employ trade union members. The employer cannot refuse such inspectors access to the territory of the organization to perform their duties. However, one important condition must be taken into account - the procedure for visiting the organization must be established by the documents of the trade union. Therefore, the employer has the right to request documents regulating the activities of the labor inspectorate and the procedure for visiting the organization. In the absence of such documents, the trade union inspector may be denied a visit to the organization.

Arbitrage practice. The chairman of the primary trade union organization applied to the employer with a request to provide an opportunity to visit the workplace of a trade union member in order to verify that the employer complies with the requirements of labor legislation in terms of providing the employee with safe working conditions. This request was denied to him. The prosecutor's office did not find grounds for taking prosecutorial response measures. The court agreed with the position of the employer and the prosecutor, stating the following. The chairman of the primary trade union organization did not prove that he is a person who has the right to exercise control over the state of labor protection and visit the workplace of a trade union member. They were not presented with the relevant documents confirming his authority. Thus, the claims were denied (decision of the Sverdlovsk Regional Court dated February 2, 2012 in case No. 33-1313/2012).

It should be noted that the trade union inspector, like state inspection labor, has the right to visit the territory of the employer either as part of a scheduled inspection, or initiated at the request of the employee. As a rule, the employer must be notified of the inspection in advance or on the eve of it. It should also be borne in mind that if there are no members of the relevant trade union in the organization, the employer has the right not to allow trade union inspectors to enter its territory.

Trade union inspectors have the right to conduct an independent examination of working conditions and ensuring the safety of workers. However, the legislator does not provide for the procedure for such an examination. In this regard, we can conclude that the results of such an examination will be advisory for the employer. At the same time, it should be noted that failure to comply with the recommendations of the examination does not relieve the employer from liability for non-compliance with the mandatory requirements for creating safe working conditions.

The trade union inspector cannot hold the employer liable for failure to comply with the issued order

One of the main powers of inspectors is to protect the rights of trade union members on issues of compensation for harm caused at work. The Law on Trade Unions provides for the right of trade unions to represent and protect the social and labor rights and interests of workers. It should be noted that trade unions can represent the interests of their members, as well as other employees, but only if the union unites the majority of workers or any employee has given the union the right to represent its interests. One of the powers of inspectors is to demand the suspension of work. It should be noted that the suspension of activities is provided for by the Code of Administrative Offenses of the Russian Federation, however, such a decision can only be made by a court (). Therefore, such a requirement of the trade union inspector for labor protection is rather advisory in nature. In the event that employees believe that working conditions threaten their life and health, then in accordance with Art. and the Labor Code of the Russian Federation, they can resort to self-defense of their rights by refusing to perform work and notifying their employer in writing.

Trade union inspectors can send submissions on the elimination of violations. However, it should be borne in mind that the trade union inspector cannot bring the company to administrative responsibility and demand that the order be complied with within the prescribed period. In this regard, the instructions of the trade union are exploratory in nature. The obligation to comply with the instructions is reserved only for the state labor inspector (GIT). However, we must not forget that the binding prescriptions of the trade union can be established by a collective agreement. In such a situation, the trade union inspector may demand the fulfillment of his instructions, then the employer's refusal to comply with them can be regarded as a violation of the terms of the collective agreement. If such a condition is not fixed in the contract, then these instructions for the employer are nothing more than a recommendation. But in any case, employers are obliged, within a week from the date of receipt of the requirement to eliminate the identified violations, to inform the relevant trade union body about the results of consideration of this requirement and the measures taken (part 2 of article 370 of the Labor Code of the Russian Federation). In this case, in fact, the employer must provide only information on whether the demand of the trade union inspector to eliminate violations was considered, as well as on what measures were taken. There are no real levers for bringing the employer to responsibility by the trade union inspector in the legislation.

It should also be remembered that the trade union inspector may apply to the labor inspectorate or court with a demand to bring to justice those guilty of violating labor laws. However, this right is not exclusive: any employee, regardless of membership in a trade union and the status of a trade union inspector, can apply to the relevant authorities. At the same time, only an official, and not any employee against whom a complaint was filed, can be brought to administrative responsibility under the Code of Administrative Offenses of the Russian Federation. Only GIT inspectors have the right to determine to whom to apply administrative responsibility, and whether the employee is official having organizational and administrative functions in the company. Thus, we can conclude that the submissions and appeals addressed to the employer are, rather, advisory in nature.

The employer does not have the right to dismiss the commissioner for labor protection without the consent of the trade union

The primary trade union organization (which operates at a particular enterprise) is not entitled to create a trade union inspectorate. However, it has the right to elect commissioners for labor protection. Such persons must be employees of a particular organization and, accordingly, their composition is approved in this organization by a team of employees. In order to control compliance with labor legislation and labor protection rules, they, like trade union inspectors, can check compliance with labor protection requirements and make mandatory proposals to eliminate identified violations (part 8 of article 370 of the Labor Code of the Russian Federation). Occupational safety representatives may take part in the investigation of accidents at work and occupational diseases. The requirement for the participation of a representative of an elected trade union body in the commission for the investigation of accidents is also enshrined in Part 1 of Art. 229 of the Labor Code of the Russian Federation. In this regard, if a member of the trade union is at the same time an authorized representative for labor protection, then the employer immediately fulfills the requirements of both, and the Labor Code of the Russian Federation. At the same time, guarantees for the labor protection commissioner are also enshrined in labor law and are equivalent to the guarantees of an ordinary member of the trade union. In this regard, of particular interest is paragraph 4 of Art. 25 of the Law on Trade Unions, according to which bringing to disciplinary liability, transfer to another job or dismissal at the initiative of the employer of authorized trade unions for labor protection is possible only with the prior consent of the trade union body of the primary trade union organization. It should be noted that the mentioned guarantees are not fixed in the labor legislation. The legislator does not explain what the employer should do if the labor protection commissioner has not passed probation, showed unsatisfactory performance according to the results of certification or took absenteeism, and the trade union does not agree on the termination of employment. On the one hand, the employer can challenge the refusal of the trade union to dismiss such an employee in court. But in practice, quite often there are situations when an employee abuses his right, being an authorized representative for labor protection only formally. Therefore, first of all, it is necessary to find out whether the status of the Occupational Safety Commissioner meets the legal requirements.

If the commissioner for labor protection was elected with violations, then the guarantees upon dismissal do not apply to him

The requirements for labor protection representatives are detailed in the Decree of the Ministry of Labor of the Russian Federation dated April 8, 1994 No. 30 “On approval of the Recommendations on the organization of the work of an authorized (trusted) person for labor protection of a trade union or labor collective” (hereinafter referred to as the Recommendations). According to this document, the position of labor protection commissioner is elective and is temporary. At the same time, the duties of the commissioner for labor protection include the provision of periodic reports, he is responsible for the performance of the functions assigned to him, etc.

Thus, if an employee has a nominal position of a labor protection commissioner and uses the guarantees provided for by law not in order to protect the rights and interests of trade union members, then the activity of such an commissioner cannot be recognized as legal, since it contradicts the principles of the existence of a trade union, is an abuse of the right and infringes on legal rights employer. This conclusion is also confirmed by judicial practice.

Arbitrage practice. The employee, who was the authorized representative for labor protection, was dismissed on the basis of paragraph 6 of part 1 of Art. 81 of the Labor Code of the Russian Federation in connection with absenteeism. In her opinion, the dismissal is illegal, since it could only take place with the consent of the primary trade union organization. However, the courts of the first and second instances refused to satisfy the claims in full, referring to the fact that the plaintiff did not provide evidence of compliance with the requirements set by the Recommendations for the labor protection commissioner. In particular, it was noted that the employee did not provide evidence that she was elected to this position for general meeting labor collective (determination of the Sverdlovsk Regional Court dated September 20, 2011 No. 33-11517 / 2011).

If the employer has no doubts about the authority this employee, then he should seek the consent of the primary trade union organization. In such a situation, it will be necessary to follow the procedure for requesting a reasoned opinion from the trade union. Since it is not contained in the Law on Trade Unions itself, one should refer to the Labor Code of the Russian Federation, namely to, according to which the trade union must give its reasoned opinion on dismissal within seven working days from the date of receipt of the draft order and copies of documents that became the basis for the decision to terminate the employment contract. If such an opinion is not submitted within seven days, the employer may not take it into account. However, if the trade union does not agree to the dismissal within the time allotted by law, then in fact the employer is deprived of the opportunity to dismiss the commissioner for labor protection. But here it should be borne in mind that the trade union must motivate its opinion and its refusal should be connected precisely with the fact that the employer is persecuting the employee for his trade union activities. As stated in the ruling of the Constitutional Court of the Russian Federation dated 04.12.2003 No. 421-O, the employer has the right to go to court with the recognition of the refusal of the trade union body as illegal, and if the court recognizes it as such, he will have the right to dismiss the employee. Thus, even if the trade union body refuses, the employer has the opportunity to dismiss the employee. However, this will be possible only after receiving a judicial assessment of the position of the trade union in this dispute.

Berdinsky Ivan Viktorovich, Associate of the Moscow office of the international law firm Baker & McKenzie

The participation of the trade union inspector in the additional investigation of the accident is not obligatory

of the Labor Code of the Russian Federation, when investigating an accident, the employer includes in the investigation commission a representative of the elected body of the primary trade union organization or another representative body of employees authorized for labor protection. Thus, if a primary trade union organization is established at an enterprise, then during the investigation of an accident at work, the participation of representatives of the trade union in the usual manner is mandatory. In its absence, a representative of another representative body of employees, authorized for labor protection, is included in the investigation commission. The issue of the participation of a trade union representative in the investigation of a hidden accident or in the conduct of an additional investigation of an accident by a state labor inspector is regulated separately in the Labor Code of the Russian Federation. According to this norm, an additional investigation is carried out, as a rule, with the involvement of a trade union labor inspector. This wording is, in practice, the subject of a dispute about whether or not a trade union representative should be included on a mandatory basis in the commission for additional investigation of the accident. Judicial practice confirms that this issue can be decided by the state labor inspector, conducting an additional investigation, at his own discretion. Thus, the Perm Regional Court overturned the decision of the lower district court, which recognized the conduct of an additional investigation of the accident without the participation of a trade union representative as a significant violation of the procedure (cassation ruling of 22.08.2011 in case No. 33-8343). The motivational part of this definition states that the involvement and participation in the additional investigation of the trade union labor inspector is not mandatory, since the Labor Code of the Russian Federation provides only the right of the state labor inspector to involve other persons in the additional investigation of the accident, but not his duty. However, it should be borne in mind that the obligation of the employer to ensure the participation of trade union representatives in the investigation of all accidents at work without exception is provided for in most industry agreements (for example, the Industry Agreement on Subsoil Use Organizations of the Russian Federation for 2011–2013, the Industry Agreement on Chemical, Biotechnological Organizations and pharmaceutical industry of the Russian Federation for 2012–2014).

According to the Federation of Independent Trade Unions of Russia (http://www.fnpr.ru/n/241/7067.html), trade unions actively use their right to participate in the investigation of accidents at work, and with the participation of technical labor inspectors, only the FNPR in 2011 more than 4.3 thousand accidents were investigated.