About the project. On the question: What documents must be submitted to the state labor inspectorate to obtain a certificate of trust in the employer? Declaration of the enterprise’s activities for the implementation of labor rights
1. INTRODUCTION
The State Labor Inspectorate in the Primorsky Territory, together with the Primorsky Regional Tripartite Commission for the Regulation of Social and Labor Relations, is implementing the project “Declaration of the activities of organizations for the implementation of labor rights of workers” (hereinafter referred to as Declaration).
2. PROJECT OBJECTIVES
Increasing the attractiveness of organizations and individual entrepreneurs of the Primorsky Territory in the labor market.
More successful promotion of goods and services using the competitive advantage of manufacturers as project participants who have declared their work to implement the main provisions of the labor legislation of the Russian Federation.
Achieving a new qualitative level of protection of labor rights of workers in the Primorsky Territory.
3. PROJECT OBJECTIVES
Activation of the activities of employers in the Primorsky Territory aimed at the most complete and comprehensive implementation of the labor rights of workers.
Ensuring that organizations and individual entrepreneurs of the Primorsky Territory implement the principles of social partnership based on the situation of mutual loyalty of employees and employers.
Increasing the resource of organizations (entrepreneurs) by reducing the burden on the part of the supervisory authority.
4. MEANS OF PROJECT IMPLEMENTATION
The priority direction of efforts of organizations and individual entrepreneurs is to ensure compliance with the requirements of labor and labor protection legislation.
Information, legal and organizational support for employers from the state body authorized to exercise supervision and control in the field of labor relations and directly related to them, and the Primorye Regional Tripartite Commission for the Regulation of Social and Labor Relations.
5. PROJECT PARTICIPANTS
Organizations of any organizational and legal forms and forms of ownership registered in the Primorsky Territory.
Duly registered individual entrepreneurs without forming a legal entity, carrying out entrepreneurial activities using hired labor (hereinafter referred to as individual entrepreneurs, entrepreneurs);
State Labor Inspectorate in Primorsky Krai;
Primorsky Regional Tripartite Commission for the Regulation of Social and Labor Relations.
6. PROJECT CONTENT
The condition for the participation of organizations and individual entrepreneurs in the implementation of the project is that the parameters of their activities comply with certain requirements of labor legislation.
To participate in the project, an organization (individual entrepreneur) sends an application-declaration in the prescribed form (attached) to the State Labor Inspectorate in the Primorsky Territory.
The State Labor Inspectorate in the Primorsky Territory, within ten days from the date of receipt, reviews this application-declaration to determine whether the declared facts comply with the requirements of labor legislation and makes a decision on the admission (refusal of admission) of the employer to participate in the project.
The decision is made on the basis of the employer's “presumption of truthfulness.” Non-participation in the project does not entail any consequences for the organization (entrepreneur). The applicant is informed of the decision in writing.
If the decision is positive, the organization (entrepreneur) is included in the register of employers who are guaranteed to respect the labor rights of employees. The specified register is formed by the State Labor Inspectorate in the Primorsky Territory and is posted on the official website of the State Labor Inspectorate in the Primorsky Territory and the Administration of the Primorsky Territory.
The status of a project participant is not limited by time frames.
If the facts stated by the employer do not comply with the requirements of labor legislation or if there is objective evidence of gross violations of labor legislation (wage arrears to employees, an industrial accident due to the fault of the employer, etc.), the State Labor Inspectorate in the Primorsky Territory rejects the application for participation in the project indicating the reasons for refusal.
If the employer eliminates the circumstances that served as the basis for rejecting his participation in the project, he has the right again, at any time, an unlimited number of times to apply on this issue to the State Labor Inspectorate in the Primorsky Territory.
The list of legislative requirements contained in the appendix to this Regulation may be revised by the State Labor Inspectorate in the Primorsky Territory in connection with changes in legislation or changes in the priorities of supervisory activities. This circumstance does not have retroactive effect.
State Labor Inspectorate in the Primorsky Territory in relation to organizations (entrepreneurs) granted the status of a project participant:
- all forms of consulting services on labor law issues are provided free of charge;
- scheduled inspections of compliance with labor legislation are carried out at the request of the employer (in this case, administrative measures are, as a rule, not applied).
Revocation of project participant status Declaration can be made by the State Labor Inspectorate in the Primorsky Territory in connection with gross violations by the employer of the requirements of labor and labor protection legislation, resulting in damage to the labor rights of workers.
In this case, the status at the request of the employer can be renewed no earlier than one year from the date of its revocation.
The employer and the Primorye Regional Tripartite Commission for the Regulation of Social and Labor Relations are informed about the revocation of status in writing, indicating the reasons for the revocation.
| Head of the State Labor Inspectorate in Primorsky Krai | Coordinator of the commission from the Administration of the Primorsky Territory, head of the labor department of the Primorsky Territory | Coordinator of the commission from employers, General Director of the Congress of Industrialists and Entrepreneurs (Employers) “Primorye” | Coordinator of the commission from trade unions, head of the department of social and labor relations of the public organization "Federation of Trade Unions of the Primorsky Territory" |
S.V. Kozhushko | V.M. Reshetnikov | S.I. Tverdyshev | V.S. Babukhin |
APPLICATION
Form
to the Regulations on the participation of organizations and individual entrepreneurs of Primorsky
region in the project “Declaration of the activities of organizations for the implementation of labor
workers' rights"
To the State Inspectorate
labor in Primorsky Krai
Statement-declaration
on participation in the project “Declaration of the activities of organizations
on the implementation of labor rights of workers"
1.
_______________________________________________________________________
(name of the employer (organization) in accordance with the Unified State
register of legal entities (USRLE) (last name, first name, patronymic of the individual
entrepreneur)
2. ___________________________________________________________________
_____________________________________________________________________
_____________________________________________________________________
(address of the employer in accordance with the Unified State Register of Legal Entities (USRIP)
3. The number of employees is ______ people.
4. I hereby declare that I comply with the requirements of the legislation of the Russian Federation on labor and labor protection:
| No. | Contents of labor legislation requirements | Declaration (Not really) |
| 1 | 2 | 3 |
| 1 | Employment contracts are drawn up in writing | |
| 2 | Work records are maintained for all employees | |
| 3 | Internal labor regulations approved | |
| 4 | Each employee is provided with weekly uninterrupted rest of at least 42 hours | |
| 5 | The schedule of annual paid leave for employees for the current year has been approved | |
| 6 | Tariff rates (salaries) of employees are not lower than the minimum wage established by federal law | |
| 7 | Work on weekends, non-working holidays and night work is paid at an increased rate | |
| 8 | Salaries are paid in full on time (no arrears) | |
| 9 | Employees who combine work with studying in educational institutions are provided with all guarantees and compensation provided by law | |
| 10 | Social insurance of all employees is provided in the manner established by federal laws | |
| 11 | It has its own labor protection service (for employers engaged in production activities) or the position of labor protection specialist has been introduced; for organizations with less than 50 people, it is possible to conclude an agreement with a specialized organization for services on labor protection issues) | |
| 12 | Employees are provided with all types of training and instructions on labor protection | |
| 13 | Managers and specialists have undergone mandatory training in labor safety | |
| 14 | Employees engaged in heavy work and work with harmful and (or) dangerous working conditions undergo mandatory preliminary and periodic medical examinations upon entry to work at the employer’s expense. | |
| 15 | All employees are provided with certified personal and collective protective equipment at the expense of the employer under conditions not lower than those established by the norms and rules | |
| 16 | Certification of workplaces for working conditions is carried out (attachment - schedule for certification of workplaces, plan for implementing activities based on the results of certification of workplaces) | |
| 17 | Labor protection measures are financed on conditions and in amounts not lower than those established by federal legislation (not less than 0.2% of the amount of production costs). (Indicate the amount of funding allocated for these purposes last year and the planned amount for the current year) |
Head of a legal entity
(individual entrepreneur) ___________________ acting surname
(signature)
Date, M.P.
APPLICATION
Form
to the Regulations on the participation of organizations and individual entrepreneurs of the Primorsky Territory in the project “Declaration of the activities of organizations to implement the labor rights of workers”
REGISTRY
employers of Primorsky Krai who received participant status
project “Declaration of the activities of organizations for the implementation
labor rights of workers"
| No. | Employer name | Address (location) | Last name, first name, patronymic of the manager | Date of decision on status assignment |
| 1 | 2 | 3 | 4 | 5 |
Tags: Participation of organizations and individual entrepreneurs, Primorsky Krai, project, implementation of labor rights of workers
“Trust, but verify” is a common expression that personnel officers use very often in their work. For example, an employee called and said that he was sick. There seems to be no reason not to believe him, but we won’t put a “B” on the report card until we see sick leave. They checked, made sure, issued according to the rules. And so on almost all issues. And why all? Because one fine day we will be checked to see how we comply with labor laws. And you need to be prepared for this... We decided that it was time to talk about the Employer Trust Certificate. Let’s figure out what it is, how you can cooperate with the state, and what “pleasant bonuses” a law-abiding employer is entitled to.
The sphere of labor relations is a living and changing phenomenon. And life offers new forms of interaction between the parties to labor relations and the state. The project launched by Rostrud, the “Employer Trust Certificate,” is becoming increasingly popular among employers.
WHAT IT IS?
An Employer Confidence Certificate is a document issued to an organization that is guaranteed to comply with labor laws in full ( Annex 1).
This document is the result of agreement between three parties in the world of work:
1) employers, in whose interests representatives of the business community act - the Chamber of Commerce and Industry;
2) workers on whose behalf the Federation of Trade Unions of the region acts;
3) the state, which in these conditions is represented by the State Labor Inspectorate of the region.
In this he echoes Art. 23 of the Labor Code of the Russian Federation, which names the same three sides of social partnership.
The decision to award a Certificate of Confidence to any employer is made by three parties: the Chamber of Commerce and Industry, the Federation of Trade Unions and the State Labor Inspectorate. Representatives of these three parties sign the Certificate and confirm with their signatures that the organization complies with labor laws:
- wages are paid at a decent level and on time;
- labor relations are properly formalized;
- all benefits, guarantees and compensation provided by law are provided;
- workplaces were certified for working conditions;
- there are no accidents at work, etc.
HOW TO GET A?
Note! You will find the regulations in force in your region on the website of the regional inspectorate, which can be accessed through the official website of Rostrud http://www. rostrud. ru/, section “Territorial bodies of Rostrud”
The procedure for participating in the project “Voluntary Declaration of Enterprise Activities for the Implementation of the Labor Rights of Employees and Employers” and, accordingly, obtaining a Certificate of Trust in the Employer is regulated by regulations developed in each region by the State Labor Inspectorate. In general, the provisions of regional inspections are similar, but some features may be established.
The provisions establish the goals of the project, its tasks, means, participants, content and procedure.
For example, in the Regulations on the participation of organizations and individual entrepreneurs of Moscow in the project “Declaration of the activities of an enterprise for the implementation of the labor rights of workers and employers” it is established that the project participants are:
- properties registered in Moscow and operating for at least five years;
- duly registered individual entrepreneurs without forming a legal entity, carrying out entrepreneurial activities using hired labor;
- State Labor Inspectorate in Moscow;
- Moscow Federation of Trade Unions;
- Moscow Confederation of Industrialists and Entrepreneurs (Employers).
The condition for the participation of organizations and individual entrepreneurs in the implementation of the project is that the parameters of their activities comply with certain requirements of labor legislation.
Personnel Dictionary
Participation in the project is entirely voluntary. And of course, reluctance to participate in the project does not mean that the employer automatically signs for violations of labor laws.
Participation in the project begins with the employer filling out an application for participation and submitting it to the State Labor Inspectorate of his region.
To participate in the project, an organization (individual entrepreneur) sends an application-declaration in the prescribed form to the State Labor Inspectorate in Moscow ( appendix 2).
Such an application is considered by the State Labor Inspectorate, the Chamber of Commerce and Industry and the Federation of Trade Unions within the period established by regional regulations (traditionally - 10-15 days).
The State Labor Inspectorate in Moscow, with the participation of the parties to the social partnership, within ten days from the date of receipt, reviews this application-declaration for compliance of the declared facts with the requirements of labor legislation (section No. 1) and makes a decision on the admission (refusal of admission) of the employer to participate in the project with taking into account the information in sections No. 2 and No. 3 of the declaration application. The information in sections No. 2 and No. 3 may serve as the basis for a decision to refuse to issue a “Employer Confidence Certificate”.
Note! The decision is made on the basis of the employer's “presumption of truthfulness.” Non-participation in the project does not entail any consequences for the organization (entrepreneur)
Next, the State Tax Inspectorate can inspect the enterprise in order to verify the compliance of the data specified in the application with the actual data. The key word here is examines. We emphasize that examination is not a test, since it is not carried out according to the procedure provided for by Federal Law No. 294-FZ of December 26, 2008 “On the protection of the rights of legal entities and individual entrepreneurs in the exercise of state control (supervision) and municipal control.” Therefore, even if the employer is found to have violations of labor laws within the framework of the project, this will not cause any negative consequences.
If all the facts specified in the application are confirmed, then a decision is made to award the Certificate of Confidence to the employer.
In case of a positive decision, the organization (entrepreneur) is included in the register of employers who are guaranteed to respect the labor rights of employees, with the obligatory delivery of a Certificate of Trust to the employer, the number of which is entered in the register. The specified register is formed by the State Labor Inspectorate of Moscow and is posted on the official website of the inspectorate, the website of the Moscow Confederation of Industrialists and Entrepreneurs (employers), and the website of the Moscow Federation of Trade Unions.
When can an application to participate in a project be rejected?
Specific reasons for refusal to issue a Certificate are usually indicated in the relevant provision. As a rule, the State Labor Inspectorate rejects an application for participation in a project (indicating the reasons for refusal) if the facts stated by the employer do not comply with the requirements of labor legislation or if there is objective evidence of gross violations of labor legislation (debt to employees for wages, an industrial accident due to the fault of the employer and etc.).
Having learned about the opportunity to obtain a Certificate of Trust in the Employer, the manager decided to participate in the project. We filled out the declaration and sent it to the State Tax Inspectorate. And then (as luck would have it!) we had an accident at work, and with serious consequences. Of course, we carried out the investigation according to all the rules, the State Tax Inspectorate received information about the incident, and we were refused to issue a Certificate.
According to the current Regulations, only those employers who have not had an accident at work for at least three years can apply for a Certificate. Can we apply again?
If at the time of making the decision any facts were identified that prevent the issuance of a Certificate of Trust, then the Certificate will not be issued. But this does not mean that the employer cannot try again in the future. You can eliminate the violations and reapply if you wish.
In cases where it is necessary to comply with certain conditions for some time (in our situation - there should be no accidents at work for three years), then the application should be sent after this period.
CAN IT BE “TAKEN AWAY”?
All inspections reserve the right to revoke a previously awarded Certificate of Trust in their regulations, establishing the grounds, reasons and procedure for such revocation. So again we refer you to the regulations in force in your region.
Note! In case of gross violation by the employer of labor legislation and labor protection requirements, the Certificate of Trust will be revoked
Thus, the State Labor Inspectorate in Moscow established in its Regulations that the revocation of the Certificate can be carried out by the State Labor Inspectorate in agreement with the Moscow Confederation of Industrialists and Entrepreneurs (employers) and the Moscow Federation of Trade Unions in connection with gross violations by the employer of the requirements of labor and labor protection legislation, resulting in damage damage to the labor rights of workers.
In this case, the Certificate may be renewed at the request of the employer no earlier than one year from the date of its revocation.
The employer, the Moscow Federation of Trade Unions and the Moscow Confederation of Industrialists and Entrepreneurs (employers) are informed about the revocation of the Certificate in writing, indicating the reasons for the revocation.
Similar rules are established, for example, in the Regulations of the GIT in the Samara region and other regions.
All regions are characterized by the main reason why the Certificate is revoked - a gross violation by the employer of labor legislation and labor protection requirements, which seems very justified.
WHERE IS IT ATTACHED?
After receiving the Certificate of Confidence, the employer is included in the Register of Employers Guaranteed to Comply with Labor Rights. Such registers are publicly available on the website of any inspection.
In 2010-2012 The following organizations became holders of the Certificate of Trust within the framework of the project “Declaration of the enterprise’s activities for the implementation of the labor rights of employees and employers” in Moscow:
As you can see, you can get information from such a registry:
- on the total number of Certificates of Trust awarded to the employer;
- about organizations that have been awarded a Certificate of Trust;
- about industries that are characterized by compliance with labor laws to a greater or lesser extent;
- about the dates of delivery of Certificates.
Based on the registers of various regions, we can conclude that Certificates of Trust are received by enterprises of various fields of activity and forms of ownership. Among them there are legal entities and individual entrepreneurs, budgetary and non-budgetary organizations, representatives of the sphere of healthcare, education, agro-industrial complex, transport, communications, trade, etc. This suggests that there is a chance to receive such a Certificate of Trust in case of compliance with labor laws everyone has.
WHAT ARE THE BENEFITS?
Of course, all employers are interested in the question: what does the Certificate of Trust provide? Why is it worth taking a risk and voluntarily attracting the attention of GIT?
First of all the presence of a Certificate of Confidence is taken into account when planning supervisory and control activities.
This means that, according to the provisions, if an employer is rewarded with a Trust Certificate, he is exempt from scheduled inspections for the period of validity of the Certificate. Usually it is five years or three years.
By the way
|
Another very important reason why a Certificate of Trust is important for an employer is moral. The certificate is presented to the head of the organization in a solemn atmosphere, as a rule, in the presence of a team of workers, representatives of State Labor Inspectorate, the Federation of Trade Unions of the region, the Chamber of Commerce and Industry, very often with an invitation to representatives of local media to the presentation procedure, with words of gratitude, praise and congratulations. Gratitude - for conscientiousness, praise - for success in the field of work, congratulations - for encouragement with such an award. The organization is included in the register of employers who are guaranteed to respect the labor rights of employees. The register with the name of the organization is published on the GIT website. Information about employer incentives is posted on the websites of the three departments that signed the Certificate of Confidence. Agree, the honor and prestige of an organization in the labor market, its reputation as a desirable employer for employees will serve you well more than once. |
For example, an Employer Confidence Certificate issued in Moscow is valid for three years from the date of issue.
GIT of the Samara Region has established that the validity of the Certificate is not limited by a time frame (indefinitely, with confirmation every five years).
The countdown period begins from the day of delivery of the Certificate of Confidence - the date indicated in the register of employers who are guaranteed to respect the labor rights of employees.
Is an employer who has a Certificate of Trust insured against unscheduled inspections?
Regional inspectorates promise not to conduct scheduled inspections of such employers during the validity period of the Certificate of Confidence. The employer is not exempt from unscheduled inspections in the event of, for example, employee complaints, since considering a citizen’s appeal and giving a written response to it is the direct responsibility of GIT officials. And here everything depends on the results: if, during the consideration of an employee’s appeal, gross violations of labor legislation and labor protection are revealed at the enterprise, the inspectorates reserve the right to revoke the Certificate. If the employee’s arguments are not confirmed, he will be given a written reasoned response, and the Certificate will remain with the employer.
Regional regulations may provide additional benefits.
For example, for Moscow employers who have received a Certificate of Confidence, GIT provides all forms of information and provides consulting services on compliance with labor laws and other regulatory legal acts containing labor law standards, free of charge and within 10 days.
WORD - GIT
In numerous interviews, comments, and press conferences, the heads of the regional State Labor Inspectorate unanimously note that there is no need to check again and again those organizations where order always reigns: decent wages are paid within the period established by law; a professional risk management system has been implemented and is functioning; there is a good working atmosphere, there are no accidents at work, etc. Such enterprises can and should be freed from excessive supervision by the State Labor Inspectorate, since they do not need frequent inspections.
It is no secret that there are plenty of business entities where a completely different picture is observed. This is where the forces of government supervision and control should be directed, and not once again checking those who do not have problems. That is why it is necessary to issue Certificates of Trust to worthy enterprises, and trust them without checking them during the validity period of the document.
So evaluate your strengths and fill out an application to participate in the project!
Annex 1
Sample Certificate of Confidence for Employer, issued in Moscow
Appendix 2
Sample application form to be filled out by employers in Moscow
Workers and employers"
1. INTRODUCTION
The State Labor Inspectorate is implementing a project in the Saratov region “Declaration of the enterprise’s activities to implement the labor rights of employees and employers.”
2. PROJECT OBJECTIVES
More successful promotion of goods and services using the competitive advantage of manufacturers as holders of a “Certificate of Confidence for an Employer” who has declared their work in implementing the main provisions of the labor legislation of the Russian Federation.
Achieving a new qualitative level of protection of labor rights of workers in the Saratov region.
3. PROJECT OBJECTIVES
Activation of the activities of employers in the Saratov region aimed at the most complete and comprehensive implementation of the labor rights of workers.
Ensuring that organizations and individual entrepreneurs in the Saratov region implement the principles of social partnership based on the situation of mutual loyalty of employees and employers.
Increasing the resource of organizations (entrepreneurs) by reducing the burden on the part of the supervisory authority.
4. MEANS OF PROJECT IMPLEMENTATION
The priority direction of efforts of organizations and individual entrepreneurs is to ensure compliance with the requirements of labor and labor protection legislation.
Information, legal and organizational support for employers from the government body authorized to exercise supervision and control in the field of labor and directly related relations.
5. PROJECT PARTICIPANTS
Organizations of any organizational and legal forms and forms of ownership, registered in the Saratov region.
Duly registered individual entrepreneurs without forming a legal entity, carrying out entrepreneurial activities using hired labor (hereinafter referred to as individual entrepreneurs, entrepreneurs);
In accordance with Art. 370 of the Labor Code of the Russian Federation, trade union labor inspectors, authorized (trusted) persons for labor protection of trade unions can be included in the project participants.
The condition for the participation of organizations and individual entrepreneurs in the implementation of the project is that the parameters of their activities comply with the requirements of labor legislation. Non-participation in the project does not entail any legal consequences for the organization (entrepreneur).
To participate in the project, the organization - (individual entrepreneur) sends a package of documents to the Expert Commission of the State Labor Inspectorate in the Saratov Region (application-declaration in the prescribed form, with supporting documents attached, objective information in the form of a certificate about the scope of activity of the organization, number of employees, availability or the absence of a specialist position/service for labor protection and social policy carried out at the enterprise, on the formation of a positive image of the company, in the Saratov region), certified by the seal of the organization and the signature of the head of the organization. The expert commission meets once a year in December.
The expert commission for reviewing applications-declarations of enterprises, within thirty days from the date of receipt, reviews this application-declaration for compliance of the declared facts with the requirements of labor legislation and makes a decision on the admission (refusal of admission) of the employer to participate in the project.
The decision is made by the commission on the basis of the “presumption of truthfulness” of the employer, taking into account the analysis of unscheduled and scheduled inspections carried out in the organization since its inception. If the facts stated by the employer do not comply with the requirements of labor legislation or if there is objective data about any violations of labor legislation (wage arrears to employees, an industrial accident due to the fault of the employer, etc.), the expert commission rejects the application for participation in the project, indicating the reasons for the refusal .
Information about organizations awarded SDR will be posted on the official website of the State Labor Inspectorate in the Saratov Region. The issuance of SDR is the right, and not the obligation, of the Expert Commission. At one meeting of the Expert Commission, no more than 10 certificates can be approved.
If the decision is positive, the organization (entrepreneur) is included in the register of employers who are guaranteed to respect the labor rights of employees. The specified register is formed by the State Labor Inspectorate and posted on the official website of the Inspectorate. The employer (the head of the enterprise/organization or the acting manager) is solemnly presented with the document “Certificate of Trust in the Employer”, about which information is also posted in the media. The document is prepared by the State Labor Inspectorate in the Saratov Region. Registration of issued SDRs is carried out in the appropriate register, with the obligatory completion of the columns: number, name of the organization, date of issue of the SDR, protocol number, start and end dates of the SDR, information about the revocation or cancellation of the SDR.
The certificate is valid for 5 years. Every year, employers who have “Certificates of Employer Confidence” must, before March 1, confirm their right to (renew) certificates by submitting to the State Labor Inspectorate the existing certificate, as well as an application - a declaration and a brief information about the organization’s activities. If employers do not provide the necessary documents, “Employer Trust Certificates” issued and not extended (that have not confirmed their right to SDR) before March 1 shall be considered invalid.
The State Labor Inspectorate in the Saratov Region guarantees in relation to organizations (entrepreneurs) awarded the “Employer Confidence Certificate”:
Providing all forms of consulting services and prompt consideration of requests (within 10 days) on labor legislation issues;
Exemption from scheduled inspections at the initiative of the State Labor Inspectorate in the Saratov Region for 5 years from the date of issuance of the “Employer Confidence Certificate”;
Providing, upon request, the necessary information about the absence of violations of labor and labor protection laws for presentation for awarding.
In the absence of violations of labor legislation and accidents at work, the expert commission, by its decision, can extend the validity of the certificate for the period established by the decision of the commission, at the request of the organization. If there are violations of labor legislation in an organization that previously received an SDR, the Expert Commission has the right to cancel it, information about which is posted on the website of the State Labor Inspectorate, and an entry about the cancellation is made in the register.
The list of legislative requirements contained in the appendix to this Regulation may be revised by the State Labor Inspectorate in connection with changes in legislation or changes in the priorities of supervisory activities. This circumstance does not have retroactive effect.
The “Employer Confidence Certificate” can be revoked by the Expert Commission in connection with violations by the employer of the requirements of labor and labor protection legislation. Information about all violations of labor legislation is transmitted to the Expert Commission in the form of a memo from the state labor inspector who conducted an unscheduled inspection or investigation of an accident and established violations of labor and labor protection legislation. In this case, the Certificate may be renewed at the request of the employer no earlier than one year from the date of its revocation. The employer is informed about the revocation of the certificate in writing, indicating the reasons for the revocation. Information about the revocation of a certificate is posted on the official website of the State Labor Inspectorate in the Saratov Region, and an entry about the revocation is made in the register.
APPLICATION
to the Regulations on the participation of organizations
and individual entrepreneurs of the Saratov region in the project “Declaration of the enterprise’s activities to implement the labor rights of workers and employers”
To the State Labor Inspectorate in the Saratov Region
Application-declaration of participation in the project “Declaration of the enterprise’s activities to implement the labor rights of workers and employers”
1.
name of the employer (enterprise) in accordance with the Unified State Register of Legal Entities (USRLE) (last name, first name, patronymic of the individual entrepreneur)
2.
_________________________________________________________________
employer's address in accordance with the Unified State Register of Legal Entities (USRIP)
3. number of employees – __________ people
4. I hereby declare that I comply with the requirements of the legislation of the Russian Federation on labor and labor protection:
declaration (yes/no) |
||
Employment contracts are drawn up in writing. | ||
Work records are maintained for all employees. | ||
Internal labor regulations have been approved. | copy of the document |
|
Each employee is provided with weekly uninterrupted rest of at least 42 hours. | ||
The schedule of annual paid vacations for employees for the current year was approved until December 17 last year. | ||
The wages of employees who have worked the standard hours per month and fulfilled their duties are not lower than the minimum wage established by federal law or established by a regional agreement on the minimum wage | ||
Work on weekends, non-working holidays and night work is paid at an increased rate. | ||
Salaries are paid in full on time (there is no arrears). | ||
Employees who combine work with studying in educational institutions are provided with all guarantees and compensation provided by law. | ||
Social insurance is provided to all employees in the manner prescribed by federal laws. | ||
Has its own labor protection service or labor protection specialist (for organizations with more than 50 people) | ||
Employees are provided with all types of training and instructions on labor protection. | ||
Managers and specialists have undergone mandatory training in labor safety. | ||
Employees engaged in heavy work and work with harmful and (or) dangerous working conditions undergo mandatory pre-employment and periodic medical examinations at the expense of the employer. | ||
All employees are provided with certified personal and collective protective equipment at the expense of the employer under conditions not lower than those established by the norms and rules. The enterprise is working to introduce new means of protection. | ||
A special assessment of working conditions/certification of workplaces based on working conditions has been carried out or is being carried out (attachment - schedule for a special assessment of working conditions, plan for implementing measures based on the results of certification of workplaces). | ||
Occupational safety measures are financed on conditions and in amounts not lower than those established by federal legislation. (Indicate the amount of funding allocated for these purposes last year and the planned amount for the current year). | ||
The working conditions of disabled people are observed (working hours, duration of annual leave, labor protection conditions, etc.) | ||
The working conditions of minors are observed: working hours, duration of annual leave, labor protection conditions, etc.) | ||
Obligations under Industry Tariff Agreements are observed (general conditions of remuneration, guarantees, compensation and benefits for industry employees) |
Head of a legal entity (individual entrepreneur)
FULL NAME. signature, date
"Personnel officer. Labor law for personnel officers", 2010, N 4
Employer Confidence Certificate
In order to identify employers who are guaranteed to respect the rights of workers and improve their status in the modern labor market, a project is being implemented in Russia at the regional level to declare the activities of enterprises to implement the labor rights of workers. Project participants are issued a certificate of trust to the employer.
The project is already in full swing in Russia. Based on agreements between state labor inspectorates and local branches of the Association of Industrialists and Entrepreneurs, regulations on participation in such a project, application forms and certificates are adopted.
The first initiators can be called the State Labor Inspectorate in the Kirov Region together with the Vyatka Chamber of Commerce and Industry. In the declaration form they accept, employers fill out a 17-point questionnaire, where they indicate how the rights of workers are respected: whether written contracts are concluded, whether wages are paid on time and whether they are above the minimum level, whether contributions are made to extra-budgetary funds, what attention is paid to labor protection.
It is unlikely that an enterprise will risk submitting the aforementioned declaration just like that, without properly establishing personnel records, because state labor inspectorate specialists must assess the compliance of the declared information with reality. After inspection of the organization, a certificate of trust is issued (or not issued) to the Employer and the company is entered into a special “honorary” register posted on the inspection website.
If inconsistencies are detected, the state labor inspectorate, as expected, issues an order to eliminate violations of labor legislation. Thus, it turns out that the company voluntarily faces an unscheduled inspection. Although for the enterprise itself, this inspection, of course, will be perceived as planned, since they themselves initiated it and should have been properly prepared.
It is interesting that such a check is not implied in all subjects of the Russian Federation. If we look at the draft regulations on the participation of organizations and individual entrepreneurs of Moscow in the project “Declaration of the activities of an enterprise for the implementation of the labor rights of workers and employers,” we will see that the state labor inspectorate must review the application-declaration within 10 days from the date of receipt to ensure compliance of the declared facts with the requirements of labor legislation and make a decision on the admission (refusal of admission) of the employer to participate in the project. The decision is made on the basis of the employer's "presumption of truthfulness". Non-participation in the project does not entail any consequences for the organization (entrepreneur).
Application
To the Regulations on the participation of organizations and individuals
Moscow entrepreneurs in the project
"Declaration of the enterprise's activities in the sale
Labor rights of workers and employers"
To the State Labor Inspectorate in Moscow
Application-declaration of participation in the project
"Declaration of the enterprise's activities in the sale
Labor rights of workers and employers"
1. ____________________________________________________________________
name of the employer (enterprise) in accordance with the Unified
State Register of Legal Entities (USRLE) (last name, first name,
patronymic of an individual entrepreneur)
2. ____________________________________________________________________
employer's address in accordance with the Unified State Register of Legal Entities (USRIP)
3. Number of employees - _______ people
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Declaration (yes/no) |
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Employment contracts are drawn up in writing |
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Work records are maintained for all employees |
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Internal labor rules approved |
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A local regulatory act has been approved, |
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Each employee is provided with a weekly |
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The annual paid leave schedule has been approved |
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Employees' wages are not lower than the minimum |
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Work on weekends and non-working holidays, |
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Salaries are paid in full |
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For workers combining work with training in |
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Social insurance is provided for all |
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We have our own labor protection service (position |
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All types of training and |
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Managers and specialists have passed mandatory |
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Workers engaged in heavy work and labor |
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All employees are provided with certified |
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Certification of workplaces is carried out according to the conditions |
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Funding is provided for activities related to |
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No accidents at work in |
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Compliance with the work and rest schedule of employees |
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Ensuring workers are informed of conditions |
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Presence of a primary trade union organization |
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Availability of a labor dispute commission |
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A collective agreement has been concluded |
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Availability of benefits and compensation provided |
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Making a decision of review bodies |
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No strikes |
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Introduction of part-time working hours, |
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Massive layoffs of workers throughout the year |
4. I hereby declare that I comply with the requirements of the legislation of the Russian Federation on labor and labor protection.
Explanations and comments are attached on a separate sheet.
Head of a legal entity (individual entrepreneur)
Last name I.O., signature, date.
Declaration purposes
Is a trust certificate worth the effort? Why should an employer burden himself with filing a declaration and getting his personnel affairs in order?
The goals of the project are stated as:
Increasing the attractiveness of organizations and individual entrepreneurs in the labor market;
More successful promotion of goods and services using the competitive advantage of manufacturers as holders of a certificate of trust to the employer who has declared their work to implement the main provisions of the labor legislation of the Russian Federation;
Achieving a new qualitative level of protection of workers’ labor rights.
Are these goals being achieved? Since the initiators of the project are associations, confederations of industrialists and entrepreneurs, we can say that they form a circle of organizations that have this certificate, and it is quite prestigious to enter this circle.
There is already material for analysis on the first initiators. In order to obtain a Certificate of Employer Confidence, enterprises independently began the process of workplace certification. At the same time, a positive aspect can be noted that there is no direct influence of inspector response measures on the employer’s decisions. This action is one of the most costly, so not all organizations were able to carry it out, and accordingly, not all declarants received positive decisions on inclusion in the number of project participants.
Of course, those employers who maliciously violate labor laws and use various tricks to save money will not join the project and it will not have an impact on their employees. But those of their competitors who take care of their employer image can overtake them in the market.
However, there are a considerable number of employers who recognize the need for certification of workplaces and proper control over labor protection, but they always have something urgent to do, they may start and not finish. They are afraid of the inspection, but it seems that now it won’t come, but one of these days they will finish everything. For such organizations, the project should serve as a reason for timely bringing all matters in the labor sphere into full order and obtaining a certificate.
The State Labor Inspectorate of the Kirov Region believes that efforts to implement the project under consideration, despite the short period of its implementation, have had a positive impact on the dynamics of the development of labor relations in the Kirov Region. Thus, as of June 1, 2008, compared to June 1, 2007, the wage debt of employers in the Kirov region to employees decreased by more than 5 times (from 122.139 million to 22.872 million rubles).
The project is already being implemented in almost all regions. The head of the State Labor Inspectorate of the Novosibirsk Region, Andrei Nesterenko, in a solemn ceremony presented a certificate of trust to the employer with the number "001" to the Deputy General Director - Director of the Novosibirsk branch of Sibirtelecom OJSC, Yuri Kupriyanov. The company itself believes that it has worked a lot on organizing labor protection and is proud of this certificate.
The State Labor Inspectorate in the Primorsky Territory, with the participation of the Primorsky Tripartite Commission for the Regulation of Social and Labor Relations, implemented a project entitled “Declaration of the organization’s activities for the implementation of the labor rights of workers and employers.” The airline "Vladivostok Air" became one of eight enterprises in the Primorsky Territory that received such an honorary certificate of trust (not given).
Certificate of trust in employer N 002
Not provided.
Not long ago, a corresponding agreement came into force in the Kamchatka Territory. In relation to organizations that have received a certificate of trust in the employer, the state labor inspectorate in the Kamchatka Territory guarantees: the provision of all forms of consulting services on labor law issues free of charge; Conducting scheduled inspections of compliance with labor legislation requirements at the request of the employer. Thus, having received a certificate, an enterprise experiences less pressure from the supervisory authority, while at the same time improving its image and increasing its attractiveness to current and potential employees and commercial partners.
Some employers in different regions have already been excluded from the register, on the one hand, this is not encouraging, on the other hand, it indicates that this register is not an empty formality; if a violation of labor rights is detected, the employer will not be able to remain there. This means that the very fact of being on the register of employers who are guaranteed to comply with labor rights will be valued. And it seems that employers included in the register will take respect for workers’ rights even more seriously. It’s one thing when the labor inspectorate came to an enterprise with an inspection, found violations, and issued a fine. Who will know about this if the employer himself does not share? But the exclusion from the register speaks for itself.
Position
on the participation of organizations and individual entrepreneurs of the Chuvash Republic in the project "Declaration of enterprise activities for the implementation of labor rights of workers and employers"
1. Introduction
The State Labor Inspectorate in the Chuvash Republic, with the participation of the Union "Chamber of Commerce and Industry of the Chuvash Republic" and the Union "Chuvash Republican Association of Trade Union Organizations "Chuvashressovprof", is implementing the project "Declaration of the activities of the enterprise in the implementation of the labor rights of workers and employers."
2. Project goals
Increasing the attractiveness of organizations and individual entrepreneurs of the Chuvash Republic in the labor market.
More successful promotion of goods and services using the competitive advantage of manufacturers as holders of a “Certificate of Trust in the Employer” (hereinafter referred to as the Certificate), who has declared their work in implementing the main provisions of the labor legislation of the Russian Federation.
Achieving a new qualitative level of protecting the health of workers, ensuring safe working conditions, with increasing productivity.
3. Project objectives
Activation of the activities of employers in the Chuvash Republic aimed at the most complete and comprehensive implementation of the labor rights of workers.
Ensuring that organizations and individual entrepreneurs of the Chuvash Republic implement the principles of social partnership based on the situation of mutual loyalty of employees and employers.
Increasing the resource of organizations (entrepreneurs) by reducing the burden on the part of the supervisory authority.
4. Means of project implementation
The priority direction of efforts of organizations and individual entrepreneurs is to ensure compliance with the requirements of labor and labor protection legislation.
Information, legal and organizational support for employers from the State Labor Inspectorate in the Chuvash Republic, and the Chamber of Commerce and Industry of the Chuvash Republic.
5. Project participants
Organizations of any organizational and legal forms and forms of ownership registered on the territory of the Chuvash Republic.
Duly registered individual entrepreneurs without forming a legal entity, carrying out entrepreneurial activities using hired labor (hereinafter referred to as individual entrepreneurs, entrepreneurs);
State Labor Inspectorate in the Chuvash Republic;
Union "Chamber of Commerce and Industry of the Chuvash Republic";
Union "Chuvash Republican Association of Trade Union Organizations "Chuvashressovprof"
The condition for the participation of organizations and individual entrepreneurs in the implementation of the project is that the parameters of their activities comply with certain requirements of labor legislation.
To participate in the project, an organization (individual entrepreneur) sends an application-declaration in the prescribed form (attached) to the State Labor Inspectorate in the Chuvash Republic.
The State Labor Inspectorate, within ten days from the date of receipt, reviews this application-declaration for compliance of the declared facts with the requirements of labor legislation and makes a decision on the admission (refusal of admission) of the employer to participate in the project.
The decision is made on the basis of the employer's "presumption of truthfulness". Non-participation in the project does not entail any consequences for the organization (individual entrepreneurs).
The applicant is informed of the decision in writing.
If the decision is positive, the organization (individual entrepreneur) is included in the register of employers who are guaranteed to respect the labor rights of employees. The specified register is formed by the State Labor Inspectorate and posted on the official website.
In an official setting, the employer is presented with the document “Certificate of Trust in the Employer” (hereinafter referred to as the Certificate), information about which is published in the publication of the Chamber of Commerce and Industry of the Chuvash Republic, magazines in other media.
The production of the document is carried out by the Chamber of Commerce and Industry of the Chuvash Republic at the expense of the employer - the project participant.
The State Labor Inspectorate in the Chuvash Republic guarantees in relation to organizations (individual entrepreneurs) awarded the Certificate:
Providing free of charge all forms of information and consulting services on compliance with labor legislation and other regulatory legal acts containing labor law standards;
If you are a user of the Internet version of the GARANT system, you can open this document right now or request it via the Hotline in the system.