How to write a letter to the labor inspectorate. How to file a complaint with the labor inspectorate

How to write an application and apply to the labor inspectorate online? What does the Labor Inspectorate check? How is the employer checked by the labor inspectorate?

Cases of violation of the labor rights of workers are widespread. Most people perceive injustice from superiors as an inevitable nuisance and do nothing, fearing retribution in the form of sanctions or dismissal.

Meanwhile, Russian legislation has a full arsenal of regulatory documents and administrative levers to protect the rights of an ordinary worker, and to put any tyrant boss in his place.

You are welcomed by Valery Chemakin - legal consultant, and in this article we will talk about such a useful service as the labor inspectorate. You will find out how effective its protection is.

At the end of the article, you will find an overview of several law firms whose employees will help you resolve your differences with your superiors.

1. What is a labor inspectorate and what does it check?

Labor legislation includes many norms and rules that govern the relationship between employees and employers.

On the part of the latter, ignorance of labor law is quite often manifested, which contributes to the emergence. Read about the essence of this concept in our special article.

To resolve them, a labor inspectorate has been created in Russia, appealing to which makes it possible for workers to defend their rights out of court. All employers are obliged to comply with the decision of this body or to appeal against it in court. The inspection is subordinated to the Ministry of Labor and Social Protection of the Population.

Control and supervision in the field of labor relations, conducting inspections on labor protection, handling complaints - this is not all that the State Labor Inspectorate does.

Activities of the labor inspectorate:

  • conducts inspections of employers (scheduled and unscheduled) to identify and suppress the facts of violation of labor legislation;
  • controls the course of inspections for accidents at work;
  • checks the legality in the payment of social benefits;
  • supervises the activities of guardianship authorities in terms of work with incompetent citizens;
  • allows in public institutions;
  • conducts information and educational work;
  • conducts an examination of harmful production conditions;
  • assesses the state of affairs with labor protection at enterprises.

Another name for this service, represented in all regions, is Rostrud.

2. When to contact the labor inspectorate - an overview of the main situations

The powers of the labor inspectorate are such that the inspector has the right to come with an inspection not only according to a previously agreed plan, but also unscheduled. This is possible when complaints are received against the employer from employees, but (read a separate article about its functions) are unable to resolve the conflict.

Since the labor inspectorate is a state regulatory body, an unscheduled inspection is also appointed to control the execution of the order after the deadline for eliminating violations has expired. What are the grounds for conducting an unscheduled inspection by the labor inspectorate?

Situation 1. Delay or non-payment of wages

The law establishes that an employee must receive a salary twice a month. In the employment contract, the days of payment are clearly reflected. If the employer systematically delays wages or does not pay them in full, the employee has the right to file a complaint with the inspectorate. By the way, you can not go to work until the debt is paid off. You will also be paid for the forced downtime later.

Situation 2. Incorrect calculation of compensation upon dismissal

On the day of dismissal, the employee has the right to receive a full payment, taking into account all the due compensation. If the employer did not do this or deceived the resigning employee, then the labor inspectorate will impose a fine on him, even if he is an individual entrepreneur. In addition, he will oblige to pay everything to the penny.

Case 3: Non-payment of benefits

Russia is a social state, so a large number of citizens belong to the preferential category. They are entitled to benefits, the payment of which depends on many factors. The authorities that administer these payments sometimes commit violations and deny citizens their legal right. In this case, you also need to contact the inspection.

Example

Nikolai Pavlovich lived in a remote village and, as long as his health allowed, he bred bees. A few years ago, he bought an apartment in the city for his minor son with an eye to the fact that he would go to university and he would need his own housing. Then Nikolai Pavlovich fell ill and the apiary had to be sold, but he had a northern pension.

The son went to study and applied for a social scholarship, but he was refused, citing the fact that he and his father have sufficient income, and also have their own apartment.

The guy turned to me for advice, I advised him to contact the labor inspectorate. After all, he lived in an apartment alone, was an adult at the time of applying for a scholarship, which means that the father should not be taken into account as a family member in the calculation.

That helped. Literally a few days later he was given a certificate, according to which they began to pay a scholarship. The most interesting thing is that the inspector only had to call the social security and warn that they had committed a violation.

Situation 4. Refusal to exercise the right to leave

According to the Labor Code and the Constitution, all employees have the right to rest. The employee has the right to use it already 6 months after employment. Some employers, under the guise of business necessity, do not let their employees go on vacation.

As a result, a year and a half, and sometimes even two, pass. This should not be - be sure to contact the labor inspectorate. And how to do this, read the next section.

3. How can I file a complaint with the labor inspectorate - 3 proven ways

You do not know how to write to the employer in the labor inspectorate, but you really want to? Then you must learn some rules.

Rules for filing a complaint to the labor inspectorate:

  • do not pour water, describe only the facts and support them with evidence;
  • fewer emotions - they do not carry a semantic load;
  • do not use profanity;
  • introduce yourself and indicate your contacts.

If someone is wondering if it is possible to anonymously contact the labor inspectorate, know that such a slander will not be considered. Below I propose to consider 3 ways of addressing.

Method 1. Personally contact the labor inspectorate

If there is an active labor inspectorate in your city or town, go there in person and state your problem directly to the inspector. Perhaps he will solve your problem without any statement or explain that you are mistaken and the employer is right.

If the truth is on your side, then you need to write an appeal according to the model proposed by the inspector. In it, state the facts that you have double-checked several times. Write without emotions, concisely with links to the attached documents.

What documents are needed to apply to the labor inspectorate:

  • passport;
  • employment contract;
  • orders or directives of the manager relevant to the case;
  • other documents confirming the illegality of the actions of the administration.

A note will be made about the acceptance of documents for consideration, and you will be issued a receipt.

Method 2. Send an application by mail

How to write a letter to the labor inspectorate so that it really reaches the addressee and is considered? There is nothing easier. Introduce yourself. Specify the name and details of the organization to which you have a claim. Succinctly and convincingly state their essence. Attach to the letter copies of documents confirming your words according to the inventory.

Then send a registered letter with notification. You will receive a tear-off voucher confirming that your appeal has been received at the address. Don't forget to include your return address, phone number and email. This will help you resolve your issue faster.

Method 3. Through the Internet

The most convenient way is to submit an application to the labor inspectorate online. The Rostrud website has a special form for this. It is very convenient and does not require special knowledge. See the next section for information on how to use this method.

4. How to apply to the labor inspectorate online - step by step instructions for beginners

Modern technologies make it possible to solve the most serious and urgent tasks with the help of the Internet. In particular, today you can get a large number of services by submitting applications through the portals of the relevant authorities or directly through the website of the State Service.

2) Lexlife

This company specializes in resolving all types of disputes in court and out of court, including the settlement of labor disputes. Most importantly, do not miss the statutory deadline for contacting the labor inspectorate, especially after dismissal. To do this, immediately use the services of Lexlife.

Company Services:

№ Name of serviceThe essence of the service
1 ConsultingProvision of consulting services in oral and written form on labor legislation
2 Pre-trial settlement of a dispute with an employerBy contacting the labor inspectorate and negotiating with the administration of the company
3 Drawing up a claimProper execution of these documents with references to legislation
4 Protection of the interests of the employee in the courtsFull support in courts

3) Yuskon

The main activity of the company is accounting support. However, the solution of personnel issues of the enterprise is also within the scope of the company's interests. If you are an employee, then experts will advise and protect your rights, both in the labor inspectorate and in court. If you are an employer, by entering into an agreement with them, you will protect yourself from unnecessary claims related to violation of labor laws.

Now I propose to watch the thematic video.

7. How to appeal the decision of the labor inspectorate - procedure

Unfortunately, the decision of the labor inspectorate does not always fully satisfy the victim. But everyone has the right to appeal against it first with the head of this service, and then in court.

How to do it - read below.

The applicant was accepted for the position of sales consultant in the organization. The applicant was dismissed of her own free will. However, until now, the applicant has not been paid wages and has not been issued a work book. The applicant asks to consider this complaint on the merits. Restore the violated rights of the applicant and hold the perpetrators accountable.

To the State Labor Inspectorate
G. _________,
address: ______________________

____________________________
address: ______________________

COMPLAINT
On ___________, I, ___________, was hired as a sales assistant in the spare parts department of ________ LLC, which was recorded in the work book, and is confirmed by an employment contract dated _________, with an official salary of _________ rubles.
After the conclusion of the employment contract, I performed my duties in good faith. For the entire period of implementation of their labor duties, there were no comments on work and disciplinary sanctions. Nevertheless, my rights were violated by the employer.
So, by order of ________, I was dismissed of my own free will. However, until now, I have not been paid wages and have not been issued a work book.
In accordance with Article 140 of the Labor Code of the Russian Federation, upon termination of the employment contract, payment of all amounts due to the employee from the employer is made on the day the employee is dismissed. If the employee did not work on the day of dismissal, then the corresponding amounts must be paid no later than the next day after the dismissed employee submits a request for payment.
In accordance with Art. 140 of the Labor Code of the Russian Federation, on the day of dismissal, your company must pay all the amounts due to me from the employer, including wage arrears.
To date, salary arrears for ___________ years is __________ rubles.
To repeated requests for payment of debts during my work, the employer receives rude answers, which can be considered as an unreasonable refusal to pay the money due to me.
I believe that the actions of ________ LLC are aimed at violating my rights guaranteed by Art. 21 of the Labor Code of the Russian Federation, and for failure to comply with the law assigned to you, Art. 22 of the Labor Code of the Russian Federation, duties.

So, in accordance with Art. 21 of the Labor Code of the Russian Federation, an employee has the right to:
conclusion, amendment and termination of an employment contract in the manner and on the terms established by the Labor Code, other federal laws;
timely and in full payment of wages in accordance with their qualifications, complexity of work, quantity and quality of work performed;
full reliable information about working conditions and labor protection requirements at the workplace;
protection of their labor rights, freedoms and legitimate interests by all means not prohibited by law;
resolution of individual and collective labor disputes, including the right to strike, in accordance with the procedure established by the Labor Code and other federal laws;
compensation for harm caused to him in connection with the performance of labor duties, and compensation for moral damage in the manner prescribed by the Labor Code, other federal laws.
In turn, in accordance with Art. 22 of the Labor Code of the Russian Federation, the employer is obliged:
comply with labor legislation and other regulatory legal acts containing labor law norms, local regulations, terms of the collective agreement, agreements and employment contracts;
provide workers with equal pay for work of equal value;
pay in full the wages due to employees within the time limits established in accordance with the Labor Code, the collective agreement, internal labor regulations, labor contracts;
compensate for harm caused to employees in connection with the performance of their labor duties, as well as compensate for moral damage in the manner and on the terms established by the Labor Code, other federal laws and other regulatory legal acts of the Russian Federation;
perform other duties stipulated by labor legislation and other regulatory legal acts containing labor law norms, a collective agreement, agreements, local regulations and labor contracts.
I want to note that the legislation provides for liability for violation by the employer of the rights of the employee.
According to Art. 142 of the Labor Code of the Russian Federation, the employer and (or) the representatives of the employer authorized by him in the prescribed manner, who have allowed a delay in the payment of wages to employees and other violations of wages, are liable in accordance with the Labor Code and other federal laws.
In accordance with Art. 236 of the Labor Code of the Russian Federation, if the employer violates the established deadline for paying wages, vacation pay, dismissal payments and other payments due to the employee, the employer is obliged to pay them with interest (monetary compensation) in the amount of not less than one three hundredth of the Central Bank refinancing rate in effect at that time the Russian Federation from the amounts not paid on time for each day of delay, starting from the next day after the due date of payment until the day of actual settlement, inclusive. The amount of monetary compensation paid to an employee may be increased by a collective agreement or an employment contract. The obligation to pay the specified monetary compensation arises regardless of the fault of the employer.
According to part 1 of Art. 145.1 of the Criminal Code of the Russian Federation, non-payment of more than two months of wages, pensions, scholarships, allowances and other payments established by law, committed by the head of an organization, by an employer - an individual out of mercenary or other personal interest, is punishable by a fine in the amount of up to one hundred and twenty thousand rubles or in the amount of wages wages or other income of the convicted person for a period of up to one year, or by deprivation of the right to hold certain positions or engage in certain activities for a term of up to five years, or by deprivation of liberty for a term of up to two years.
In accordance with Art. 362 of the Labor Code of the Russian Federation, heads and other officials of organizations, as well as employers - individuals guilty of violating labor legislation and other regulatory legal acts containing labor law norms, are liable in cases and in the manner established by the Labor Code and other federal laws.
In accordance with Art. 419 of the Labor Code of the Russian Federation, persons guilty of violating labor legislation and other acts containing labor law norms are subject to disciplinary and material liability in the manner established by the Labor Code and other federal laws, and are also subject to civil, administrative and criminal liability in the manner established by federal laws.
In accordance with Article 352 of the Labor Code of the Russian Federation, one of the main ways to protect the labor rights and legitimate interests of employees is state supervision and control over compliance with labor laws.
According to Article 353 of the Labor Code of the Russian Federation, state supervision and control over compliance with labor legislation and other regulatory legal acts containing labor law norms in all organizations in the territory of the Russian Federation is carried out by the bodies of the federal labor inspectorate.
State supervision over compliance with the rules for the safe conduct of work in certain industries and at some industrial facilities, along with the bodies of the federal labor inspectorate, is carried out by the federal executive authorities for supervision in the established field of activity.
In accordance with Article 356 of the Labor Code of the Russian Federation, in accordance with the tasks assigned to them, the bodies of the federal labor inspectorate exercise the following main powers:
carry out state supervision and control over compliance in organizations with labor legislation and other regulatory legal acts containing labor law norms, through inspections, examinations, issuance of mandatory orders to eliminate violations, and bringing the perpetrators to justice in accordance with federal law;
receive and consider applications, letters, complaints and other appeals of employees about violations of their labor rights, take measures to eliminate the identified violations and restore violated rights.
Based on the foregoing, guided by the legislation of the Russian Federation, in particular Article.Article. 21, 22, 140, 142, 234, 236, 237, 362, 419 of the Labor Code of the Russian Federation, art. 151, 1099-1101 of the Civil Code of the Russian Federation, part 1 of Art. 145.1 of the Criminal Code of the Russian Federation,

1. Consider this complaint on the merits.
2. Based on the facts indicated by me, check LLC “__________” (legal address: _____________________________; actual address: _________________________________ General Director - ___________), restore my violated rights and bring the perpetrators to appropriate responsibility.
3. Respond to this complaint as soon as possible.

Applications:
1. Copy of claim
2. Copy of the employment contract

" " ________________G. ___________/_____________/

I, Ivanov I.I., on January 23, 2014, was hired by X-employer LLC on the basis of an employment contract No. 135. During my work, I conscientiously performed my job duties, timely solved the tasks assigned to me by management.

On March 03, 2015, the employer groundlessly suspended me from work, citing the fact that I was in a state of intoxication. I objected and demanded a medical examination to determine the state of intoxication, the employer refused. At the same time, the employer constantly obstructs me in the implementation of labor activity. By their actions, the employer is forcing me to quit.

I have no desire to terminate the employment relationship. However, the employer threatens to fire me for violating labor discipline (although there were no grounds for this, for the entire period of work the employer had no comments on me).

I do not agree with the actions of the employer, I consider them illegal and unreasonable for the reasons indicated below.

Based on the foregoing, in accordance with the norms of the Labor Code of the Russian Federation,


  • Consider my complaint on the merits of the problem.
  • Carry out an audit of the activities of X-Employer LLC (address: Moscow, Employer St. 666) according to the circumstances I have stated for violation of my labor rights, take measures to protect and restore my violated rights.
  • Report the results of the consideration of this complaint to the above address.

signature and decryption

Here is another example of an employer violating the labor rights of its employees.

Head of the State Labor Inspectorate for Moscow
115582, Moscow. st. Domodedovskaya, 24, bldg. 3
From Petrov N.K.
lived Moscow, Grazhdanina st., 777 apt. 999
tel. 987-65-43

Application to the labor inspectorate

I, Nikolai Petrovich Petrov, worked at X-employer LLC located at the address Moscow, st. Khozyajstvennaya, 78, reception phone number 000-ХХХ, personnel department XXX-000, on February 22, 2016, he was fired under Article 81, Clause 2 of the Labor Code of the Russian Federation "downsizing".

On February 22, 2016, as an unemployed unemployed person, he applied to the employer for benefits for the second month, in accordance with paragraph 1 of Art. 178 of the Labor Code of the Russian Federation, I presented the Employment Book with the last entry on dismissal under Article 81, paragraph 2 - 22.02.2016 as evidence.

The employer (former) has not yet paid the state-guaranteed payment for the second month of employment.

I ask you, in connection with systematic violations of the law, to consider the issue of administrative punishment of the employer.

signature and decryption

There are situations when there is an urgent need to complain to the State Labor Inspectorate about any actions (or inaction) of the employer. At the same time, it is important for the applicant that his personal data does not appear in the complaint. It is possible to do this. Let's consider how to contact the labor inspectorate anonymously, how to make a complaint and how to convey it to the addressee.

Anonymous appeal

A written appeal to the labor inspectorate does not have a specific standard. It is only important that it be written concisely, without emotions. It is necessary that the facts described in the application correspond to the actual state of affairs. If there are documents that directly or indirectly indicate a violation by the employer of labor legislation, copies of these documents should be attached to the complaint.

If the applicant wishes that his personal data did not appear in the complaint, he must indicate this in the application. The request looks something like this: “Please do not disclose information about me as an applicant.” It should be noted that you still need to indicate your personal data, without this the complaint will not be considered. Thus, this statement will be anonymous only for the employer against whom the complaint is made.

Some facts

Options for penalties, including fines and criminal liability, can be applied to the main persons of the organization, as well as to those directly responsible. For example, if an employee says that he works in conditions that do not meet safety standards, then not only the boss, but also the labor protection specialist may be guilty in this case.

A complaint to the labor inspectorate anonymously is a real opportunity to report violations by the employer and at the same time not be afraid of a negative reaction and retaliation.

The labor supervision inspector has the right not to disclose the source of information. Only this fact distinguishes the official filing of a complaint from the anonymous one. In fact, in the full sense of the word, such a statement cannot be called anonymous. This is just one of the forms of a formal complaint, only without permission to refer to the complainant.

Responsibility of the inspector for non-disclosure of the identity of the applicant

Article 6, part 2 of the Federal Law No. 59-FZ states: "... when considering an appeal, it is not allowed to disclose the information contained in the appeal, as well as information relating to the private life of a citizen, without his consent." Thus, it is not legally permitted to disclose the applicant's personal data.

In practice, the employee of the labor inspectorate is not responsible for the disclosure of information about the citizen who filed the complaint. Therefore, there is no 100% certainty that, as a result of the verification, the applicant's personal data will not become the property of the employer or other persons.

It is not at all necessary that information leakage will occur at the will of the inspector. As a rule, the verification of the submitted complaint concerns, among other things, the consideration of certain documents. The law prohibits requiring an employer to submit documents for audit that are not related to the complaint under investigation. Therefore, the inspector is simply forced to request for verification the documents of the employee who wrote the complaint (if this complaint is related to a violation of his rights).

The situation with anonymous statements of citizens is far from being unambiguous. The outcome of each complaint is purely individual: in some cases, the inspector manages to keep the citizen's confidentiality, in some cases, not.

About the procedure for contacting the State Labor Inspectorate and handling complaints, see the video

Grounds for Complaint

Both the working employee and the applicant for a vacant position can appeal against the actions of the employer. The list of reasons for the complaint is not exhaustive, a citizen can report to the inspection about any situation that violates his labor rights.

The most common grounds for employee complaints are:

  • Non-payment or late payment of salaries and other obligatory payments;
  • Failure to provide labor or social leave;
  • Illegal dismissal;
  • Various violations of working conditions: illegal translation, salary reduction, etc.;
  • Unlawful disciplinary action;
  • Concealment of an accident at work;
  • Delay in the work book or calculation upon dismissal;
  • Questions related to work at night, weekends and holidays.

The reason for the complaint of a candidate for a position is most often a refusal to find a job.

Whatever the reason for hiding your data, you must indicate it in the application - otherwise it will not be accepted and considered, since the labor inspectorate does not consider anonymous applications.

If an already dismissed employee is afraid of the former employer, in case of illegal actions against him, he will have every right to contact the police, who will take the necessary measures. In addition, in the complaint itself, you can make a request not to disclose data to the other party.

Sequence of steps

The complaint to the labor inspectorate against the employer step by step looks like this:

  1. find out the coordinates of the territorial subdivision of the GIT, full name and the exact title of the position of the head;
  2. correctly compose a written appeal;
  3. attach to the application documents confirming the facts stated in it;
  4. take the papers to the inspection or send by registered mail with a description of the attachment and a return receipt.

Attached to the application is required:

  • a copy of the employee's passport;
  • a copy of the employment contract;
  • a copy of the order on employment (dismissal);
  • copies of any documents confirming the violation of labor rights, at the discretion of the applicant.

If it is impossible to attach all the necessary papers due to the absence of the applicant, the GIT must still accept the application for consideration and schedule an inspection. The inspector will require all documents from the employer.

Please note: when applying in person to the inspection, you must require that the application be registered. It is worth asking the clerk to sign a copy of the application, but he has the right to refuse. So in case of inaction of the GIT, the mail notification of the receipt of the letter of complaint is more reliable evidence that the application was filed.

Ways to submit a complaint

Consider how to deliver an anonymous letter to the labor inspectorate. The most effective way to convey information is to send a complaint by mail, more precisely by registered mail with acknowledgment of receipt. This sending option assumes that upon receipt of correspondence, the addressee (in our case, the labor supervision inspector) will sign in the postal register about receiving the letter. After that, a notification will be sent to the sender that the addressee has received the letter in his hands.

You can personally deliver a written complaint to the office of the labor inspectorate. In this case, you need to pay attention to the fact that the application was accepted by an employee authorized for these actions, and the fact of receipt was recorded in a special register.

The next way to bring information to the attention of the labor inspectorate is to apply online via the Internet. To do this is quite simple. You need to go to the website of the State Labor Inspectorate of your region or to the Internet portal "Onlineinspektsiya.rf".

These sites have special forms for feedback and submission of applications. It is necessary to step by step perform the actions proposed by the electronic service, including describing the essence of the complaint. At the same time, in the text of the application, if you wish not to disclose personal data, you must inform the inspector about this fact or tick the box on filing an anonymous application.

How to file a complaint

In order for a complaint to be fully considered, it must contain:

  • Full name of the territorial labor inspectorate and full name of its head (this information can be viewed on the official website of the inspectorate);
  • Information about the applicant: full name, address;
  • Title (“Complaint” or “Statement”);
  • The essence of the appeal. Description of the situation in which, according to the applicant, the employer violated his rights. What, where, when it happened, what norms the employer violated (this item is not mandatory, the citizen should not know the content of all articles of the law), what harm was caused, which is confirmed. Here you should also indicate the full name of the organization where the violation of rights occurred, the legal address and, if possible, its TIN.

Conditions for writing a complaint to the labor inspectorate online

In order for a complaint to be considered properly, the following conditions must be met:

  • Indicate in the application the correct data of the applicant. Anonymous appeals will not be considered.
  • The essence of the appeal is the most concise and objective text, without unnecessary emotions and experiences. The writing style is business.
  • The facts stated in the complaint must be reliable and verified.
  • The text of the letter should not contain obscene language, insults and slander.
  • If possible, attach to the complaint scanned documents confirming violations of the rights of workers.

Watch the video about the complaint to the labor inspectorate

Contacting the labor inspectorate from the official website

You can file a complaint with the labor inspectorate on the official website of online inspection.rf.

Since January 1, 2017, when applying to the labor inspectorate online, there have been major changes. In order for the inspectorate to conduct an unscheduled check on an electronic request, the applicant must be authorized through an account in the unified system of the State Service (www.gosuslugi.ru). Such innovations appeared in Part 3 of Art. 10 of the Law "On the protection of the rights of legal entities and individual entrepreneurs ..." (No. 294-FZ of December 26, 2008).

Additional Information

The main documents that must be attached to the application: 1) Employment contract. 2) Appointment order. 3) A copy of the work book (if the applicant has it). 4) A copy of his passport. As additional, you can choose any documents that the applicant deems necessary when considering his application (memos, e-mail correspondence, etc.)

Therefore, the algorithm of action for an online complaint to the inspection now looks like this.

  1. Registration on the website of the State Service. You must fill out the form, indicating your full name, email address and mobile phone number.
  2. Enter the website of the labor inspectorate through the personal account of the website of the State Service.
  3. Select the "Report a problem" tab on the page. If you select such a tab before authorization, the system itself will offer to go to the State Services website and register there.
  4. Select the category of the problem from the options provided (for example, “wages” when payments from the employer are delayed).
  5. Choose one of the three options that the applicant would like to see as the result of consideration of his application: conducting an unscheduled inspection, bringing the employer to administrative responsibility, or consulting an inspection specialist.
  6. Fill in all fields of the application form.
  7. Click on the "Submit Request" button.

Confirmation will be sent to the email address provided by the applicant. From this moment begins the 30-day period for consideration of the complaint by the Inspectorate.

Terms of consideration and response

The legislation provides that no more than 1 calendar month should elapse from the moment a complaint is received to its detailed consideration. If the complaint concerns illegal dismissal, then the period for considering the application is limited to 10 days.

After checking the application, Mr. the inspection should conduct an unscheduled inspection in the organization against which the complaint was received. Then a decision is made with an order to the management of this company to correct the violations committed by a certain date.

Actions of the labor inspectorate after receiving a complaint

Within 30 days after receiving the complaint, the inspector examines the arguments indicated in it and conducts an inspection. If, during the inspection of a specialist, violations of labor laws are confirmed, at the end of it, the following scenarios are possible:

  • Issuance of an order to eliminate violations;
  • Bringing the employer to administrative or criminal liability;
  • Temporary suspension of the enterprise;
  • Suspension of individual employees.

If the arguments of the online complaint against the employer to the labor inspectorate are not confirmed, the applicant is sent an appropriate response.
Leaving a complaint without consideration or without a response is possible, as a rule, in the absence of personal data in the application: full name, address.

The table lists the options for labor inspection inspections.

Planned Produced without application - at the initiative of the inspector. Most often, they are exposed to enterprises where an accident has previously occurred or numerous violations have been identified. Before conducting such an inspection, the inspector warns the management of the organization in advance.
target Conducted at the request of the employee. Any complaint, as a rule, entails an inspection by the inspector, to whose territory the given enterprise belongs. When visiting the company, the authorized person first of all checks the violations described in the application. If they are detected, the inspector will issue a fine, as well as issue an order to eliminate them, the observance of which he will check during the next visit. Also, depending on the nature of the violations, the inspector may not limit himself to an order, but take more stringent measures in accordance with his powers.

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Protecting your interests is worth it in any area, including at work. What to do if the employer regularly violates your rights? In this case, a complaint is made against the employer. Let us consider in more detail how to issue such a document and where it should be submitted.

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Legal basis

The claim to the employer is considered justified if the latter violates the provisions of the Labor Code of the Russian Federation. You can file a complaint in case of non-compliance with the provisions of the regulations, as well as the employment contract. At the same time, in order to achieve the desired result, it is important to use legal methods of dealing with a negligent boss.

The main violations of the labor rights of employees by the employer

The rights and obligations of participants in labor relations were fixed by the Labor Code. Therefore, you can complain about the employer if he violates the Labor Code. Among the most common misconduct of the employer are the following:

  • the boss instructs the worker to perform functions not provided for by the employment contract, without his consent;
  • a person is assigned to do too much work;
  • the employer does not pay the salary that he agreed with the employee;
  • the worker is provided with working conditions that do not meet the standards;
  • a person has to work more time than expected, for which he is additionally underpaid;
  • the employer does not provide the employee with a vacation or weekend;
  • lack of social insurance and statutory payments;
  • transfer of a worker to another position or to another place of work without obtaining his consent;
  • groundless reprimand or dismissal of a person;
  • if the employer does not formalize;
  • the administration does not issue or delays the issuance of labor upon dismissal, as well as due payments, etc.

If wages are not paid properly (the so-called black money), the employer also violates tax laws, as it does not pay the necessary payments. If there are wage arrears, or other violations on the part of the authorities, this should not be tolerated. It is necessary to apply with the relevant paper to the authorized bodies.

Where can I complain about an employer?

There are several instances to whom a claim is submitted to the employer. To begin with, it is worth resolving the issue peacefully by talking with the boss himself. Do this even if it seems to you that the chances of finding a common language are zero. Having received a refusal, you can safely declare to other authorities that you tried to make contact with the employer, and this will definitely play into your hands.

Knowing the phone number of the administration, it will not be difficult to arrange a meeting. Many employers, realizing that they are violating the standards, go towards the workers and try to resolve the controversial situation before it goes beyond the walls of the organization. However, if this does not happen, you can file a complaint with:

  • labor inspection;
  • prosecutor's office;

Complaint to the labor inspectorate against the employer

When determining where to complain about an employer in a particular case, the first instance that comes to mind is the labor inspectorate. It should be understood that such a body has a clearly defined competence. So, it is advisable to complain about the employer to the labor inspectorate in the following situations:

  • the employer does not register the worker for a long period;
  • the employer does not pay or pays incomplete wages to the employee;
  • a person is not given the opportunity to go on vacation;
  • the person does not work normally, as a result of which he remains without rest;
  • the employee's workplace does not meet the established standards.

The written complaint is considered by specialists, as a result of which the body has the right to conduct an unscheduled inspection of the company. If, as a result of such a check, violations are found, the employer will be fined and obliged to eliminate the existing shortcomings.

How to write and submit a claim to the labor inspectorate

A complaint to the labor inspectorate against the employer can be brought personally to specialists, sent by mail or sent by e-mail.

It is possible to submit a claim to the inspection online by selecting the “Write an appeal” tab on the authority’s website.

Having decided where to complain about the employer, it is important to correctly draw up a document. This will require:

  • select a division of the body at the location of the employer;
  • identify all statements about the author;
  • concisely and clearly write the essence of the issue;
  • it is possible to support written claims with other written materials;
  • register a request for confidentiality if the worker does not want the authorities to know the author of the appeal.

Sample letter of complaint against an employer to the labor inspectorate

To have an idea about the document in question, check out what a complaint looks like against an employer to the labor inspectorate, a sample of which is presented below.

Appeal to the prosecutor's office

When figuring out where to file a complaint against an employer, you should not dismiss law enforcement agencies. It makes sense to issue a complaint to the prosecutor's office against the employer when the employer:

  • for a long time does not pay the work of the employee;
  • makes a person work overtime without paying for his extra work;
  • fines the worker;
  • pays a salary lower than the living wage established by the standards;
  • psychological pressure on employees;
  • dismisses a person for no good reason.

The prosecutor's office should conduct an investigation into what was written, and in case of confirmation of the offense, bring the culprit to justice.

Complaint to the prosecutor against the employer: how to draw up

When determining how to complain to the prosecutor's office, you should follow the same rules as in the previous case. The paper must contain a requesting part in which the applicant sets out his requirements regarding the punishment of the culprit. It is important to indicate in the document only reliable statements, since the employer may face administrative, and in some cases criminal liability.

An example of such a complaint can be found below.

Going to court

The court is an extreme measure that is resorted to if all the previous options have not helped. For this purpose, it is no longer necessary to write a complaint, but a statement of claim. At the same time, there is no mandatory requirement in the regulations to draw up a pre-trial claim to the employer, however, as practice shows, its presence will play into the hands of the plaintiff.

Arbitrage practice

Before going to court, all your claims must be argued and supported by evidence. Only then can you expect a positive result. And it can be expressed as:

  • reinstatement of the worker at work;
  • payment of compensation for forced admission;
  • compensation for moral damage, etc.

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An example of a complaint to an employer

A claim to the employer from one or another employee is drawn up in each case individually. After reviewing examples of such documents, there are several rules that should be followed when compiling paper:

  • the statement must be as objective as possible;
  • It would be useful, when describing violations, to immediately make appropriate references to the norms of the law;
  • claims made must be supported by evidence;
  • the text must be correctly written, in a business style, without errors, profanity and threats;
  • You must include your information on the document.

Sample letter to employer for wages

Disputes over payroll issues are the most common in practice. Despite the fact that the paper is written in free form, it is necessary that it meets all the requirements of the workflow. View how the option of writing a claim to the employer for non-payment of wages looks like, a sample of which is presented below.

Anonymous appeal and its consequences

A claim to the employer can also be filed anonymously, the law does not prohibit this.

It is quite natural that while continuing to work in the organization, people often do not want the boss to know who exactly the complaint was from. After all, this can affect the further attitude towards the employee. Therefore, many people want to complain about the employer anonymously. However, it should be said that even if you anonymously complain about the employer, you will still need to indicate your data in the document.

This is necessary in order to be able to contact the applicant in the future. At the same time, in the complaint itself, you can state a request not to disclose data to the employer. Thus, an anonymous response will be only for the authorities, while the authorized body will still know who the applicant is.

Letter of absence of claims against the employer

Everyone can complain about the employer, especially if the employment relationship with the person has already ceased and he has nothing to lose. And not always such claims are justified. To avoid this, often in organizations, when an employee is dismissed or even during his work, it is practiced to write a receipt about the absence of claims.

There may be several reasons for issuing the above paper:

  • intention to pay off outstanding debt;
  • issuance of all documents to the worker;
  • fulfillment of contractual obligations;
  • dismissal of an employee;
  • Accident involving an employee's vehicle, etc.

A receipt is drawn up in free form upon the occurrence of an event or simply as a preventive measure. At the request of the parties, it can be certified by a notary, however, there is no requirement to do this without fail.

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Useful video

To know where to apply in case of violation of the provisions of the Labor Code of the Russian Federation, and how to write a claim to the employer, watch the video below.

Conclusion

If an employee reveals his rights violated by the employer, we complain about the latter to the authorized authorities. You can write a complaint against the employer to the labor inspectorate, the prosecutor's office or the court. It is important to take into account all the nuances: whether the employment relationship is formalized, whether the employer pays you a salary and in full, whether it provides normal working conditions, etc. For violation of certain requirements of the standards, the employer may be subject to administrative or criminal liability.

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