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Article 357. Basic rights of the state Labor Inspectors.






State Labor Inspectors (legal, labor safety), while exercising their supervising and control activity, have the right to:

without any hindrance and in any time of day and night, bearing the due certificate, visit organizations, belonging to every legal form and category of property with the purpose of inspecting;

prompt employers and their representatives, as well as bodies of executive authority and local governments for documents, explanations and information, facilitating the performance of supervising and control functions and receive them gratuitously;

have samples of materials and substances used or processed, for the purposes of analysis, notifying an employer or his representative of the fact and drawing respective deed;

investigate into industrial accidents according to the procedures set;

charge employers and their representatives with binding directives pertaining to the elimination of infringements of the Labor Code and other legal acts, containing labor regulations, as well as restoration of infringed labor rights of an employee, calling the guilty to account for the said infringements and taking respective disciplinary measures or acquitting them of their positions according to the procedures set;

suspend the work of organizations, separate production units and equipment with the purpose of disclosing labor safety regulations infringements, threatening the life and health of employees, till the elimination of the said infringements;

charge the courts with claims to liquidate organizations or stop the activity of their branches on the grounds of labor safety regulations infringements, based on the conclusion of state expertise of labor conditions;

stand off the work persons, who failed to undergo training on the subject of safe ways and means of work performance, labor safety briefing, probation of duty and labor safety regulations check;

ban the use and production of individual and collective worker's protection devices, having no certificate of compliance or not complying with labor safety regulations;

grant permissions for building, reconstruction and technical renovation of industrial facilities, production and implementation of new equipment and technologies;

issue conclusions as to the possibility of putting into operation of new and renovated industrial facilities;

call to the administrative penalty of persons, found guilty of the infringement of laws and other legal acts, containing labor regulations, according to the procedures, set by the legislation of the Russian Federation, invite them to visit Labor Inspection in connection with the materials processed and submit conclusive evidence substantiating criminal charges of the said persons to law enforcement agencies, bring actions to court;

appear as experts in courts, examining claims, concerning the infringement of laws and other legal acts, containing labor regulations, involving compensations for employee's health damages, brought at work.

In case of an appeal, submitted to the Labor Inspection by a trade union, an employee, or other person, on the issue, processed by the respective body, examining individual or collective labor disputes (except claims, already under court examination or issues with a court ruling), a state labor inspector, upon the disclosure of an infringement of the Labor Code or other legal acts, containing labor regulations, has the right to charge an employer with a binding directive. A court appeal against the directive can be submitted within ten days since the moment of obtaining of the said directive by an employer or his representative.






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