Preventive measures of Rostrud: features of the exercise of powers to prevent violations of labor rights

Abstract

The shift in emphasis in the activities of Rostrud from the “sanction model” to the priority of preventive measures in the labor sphere is due to changes in the legislation on the implementation of control (supervisory) functions by state bodies. The article analyzes the mandatory preventive measures established for Rostrud and the additional preventive measures proposed by the author. As a result of the study, the following conclusions are drawn. First, informing is proposed to be considered from a broad and narrow perspective. Secondly, a distinctive feature of a preventive visit is not only the obligation of the state labor inspector to notify the employer of its conduct, but also the employer's right to refuse a preventive visit, except for mandatory cases. Thirdly, it is important to establish the obligation to conclude agreements on interaction between state inspectorates in the constituent entities of the Russian Federation and the MFC on informing and consulting. Fourth, it is proposed to consolidate the need for Rostrud to implement voluntary promising preventive measures: self-examination and incentives for conscientiousness. Fifthly, the goal of all preventive measures is defined.