Complaint to the labor inspectorate. How to file a complaint with the state labor inspectorate

Regardless of the reasons for which the employee is dismissed, the employer is obliged to pay him the benefits provided for by the Labor Code of the Russian Federation, as well as return the work book.

The employer is obliged to do this on the day of termination of employment, that is, on the day when the employee signed the order of his dismissal. This is stated in Art. 84.1 of the Labor Code of the Russian Federation.

If the employer fails to do so, the employee has the right to file a complaint with labor inspection location of the employer.

Upon dismissal of an employee, the employer must pay him:

Salary for the time actually worked, according to the work schedule and the position of the dismissing employee;

Compensation for a vacation that the employee did not have time to "take off";

Severance pay, if it is provided for by the grounds for dismissal and labor legislation;

Other payments that may be specified in the collective or labor agreement.

If the employer does not return the work book to the employee on time, he violates the employee's legal rights to work. As you know, without a work book, an employee cannot get a job.

In addition to the work book and the payment of all necessary benefits, the employer must issue to his former employee copies of all documents relating to him labor activity. This must be done within 3 days after signing the dismissal order.

To receive these documents, the employee must write a written application in 2 copies and register it with the personnel department.

It is worth remembering that you do not need to write any statements to receive your work book. The employer is obliged to return it on the day of termination of employment with all the necessary records and seals.

Download a sample application to the GIT about a violation labor rights.doc you can
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Features of the formation of a complaint to the labor inspectorate: sample format, methods of sending and response to the application

Contacting state inspection labor is a means of protecting the violated rights of the worker. The task of this structure is to monitor compliance labor law and prompt response to violations.

Complaints are examined by legal labor inspectors. In order to correctly apply to the inspection, you need to know a number of the following legal and practical nuances.

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Reasons for complaining about an employer

People turn to the inspection, as the employer does not fulfill his duties, abuses his position and the dependence of the employee on the salary, refuses to pay the money earned, arbitrarily dismisses people without sufficient reasons.

Most employers believe that they themselves, if they wish, can fire an employee at any time. This is not true. The employee is protected by law and violation of his legitimate interests may cause the employer to be fined and subject to other liability.

Purpose of the application

A complaint to this organization is filed to protect against negligent employers who violate labor laws.

If the arguments of the complaint are confirmed, then in accordance with Article 356 of the Labor Code of the Russian Federation The legal labor inspector has the right:

issue an order to eliminate the identified violations;

apply to the court to protect the interests of the applied employee;

send case materials to law enforcement agencies to attract the guilty employer under Art. 5.27 of the Code of Administrative Responsibility (violation of labor legislation and other acts containing labor law norms);

suspend the activities of the organization.

When is it necessary to contact the state labor inspectorate?

The inspection should be contacted if the employee wants to promptly consider his complaint and make a decision. Commissions on labor disputes are not always effective and dependent on the will of the head or owner of the enterprise.

Going to court takes time, money and nerves, since not everyone can and wants to endure a long nervous trial.

The following items must be included in the complaint:

Full name of the head territorial authority inspections at the place of violation of labor rights;

Full name of the applicant, address of his residence and contact details, including phone number;

circumstances of violation of labor legislation;

a request for the restoration of a violated right;

initials of the applicant, date of application and signature.

How to correctly write a petition?

In the application, it is necessary to indicate in as much detail as possible the circumstances of the violation of rights, substantiate them by oral and written agreements with the employer, the rules of internal work schedule and Russian legislation.

To facilitate the verification, it is also desirable to indicate witnesses of the employer's abuse of his rights, as well as attach Required documents(copy of the order, contract, act of the employer, internal local documents)

Detailed instructions for registration

In his complaint, the applicant must indicate in detail the circumstances of the employer's failure to fulfill its obligations, in particular:

start date of work. For example: “I started work on January 15, 2017”;
date of conclusion employment contract. For example: “an employment contract with me was concluded on January 15, 2017, one copy remained with the employer, one with me”;
are you familiar with job description and safety regulations (“on the first day of work, I signed an instruction with my duties and safety precautions”);
what are the violations of his rights, what evidence is available, including testimonies and documents (“the employer dismissed me without warning without giving a reason and now does not let me go to work. Non-payment of wages for the days worked occurred regularly. These circumstances can be confirmed by telephone conversations and the personnel department inspector”) ;
attempts to resolve the dispute with the employer on my own or by contacting the labor dispute commission (I tried to talk with the employer, to convince that I could continue to work, I asked to indicate specifically my shortcomings, but all to no avail. There is no labor dispute commission in this organization. ");
request for restoration of the violated right(“I ask you to give an order to reinstate me at work and not obstruct my performance of my work duties”);
attachments to the application(copies of the work book and contract, appealed order, internal local acts of the enterprise, etc.)

How to send paper

The application can be submitted directly to the regional branch inspections at the place of violation of labor law. It must be drawn up in two copies, one copy remains in the inspection, on the other, the employee of the office signs the acceptance of the application.

The second copy remains with the applicant and is proof of the appeal in case he remains dissatisfied with the answer to his appeal.

The application may be sent by registered mail with notice. In this case, it is necessary to keep the receipt of sending the application and the notification form with the signature of the responsible person of the office on receipt of the letter of complaint.

Statement also can be sent online through the website regional inspectorate. To do this, you need to go to her website, find a special application form and fill in its fields in accordance with the instructions.

Optimal is to file a complaint in person, because in this case legal inspectors Labor will soon begin to consider it and make a legal decision. In addition, when submitting an application, you can go to the reception and directly explain the essence of your complaint to the head of the inspection and ask it to be considered as soon as possible.

Response to a complaint

Upon application, the inspection conducts a thorough check, as a result of which it can issue an order to the employer to eliminate violations of labor law, send the materials of the check to the prosecutor's office, or leave the application without satisfaction if the circumstances of the complaint are not confirmed.

Conclusion

Application to the state labor inspectorate - effective remedy protection of the rights of the worker. It should be resorted to if negotiations with the employer or the commission on labor disputes at the enterprise do not give the desired effect.

An application to the inspection must be written correctly, indicating in detail all the circumstances of the violation of rights by the employer. The Inspectorate issues an order on the inadmissibility of violation of the right, which is mandatory for implementation.

Complaint to the labor inspectorate - sample complaint

If your employer violates labor laws, refuses vacation, does not pay bonuses, or delays in paying salaries, the Labor Inspectorate should help.

How to write correctly Complaint to the Labor Inspectorate and how to achieve the fulfillment of the terms of the contract by the employer, we will consider in this article. The State Labor Inspectorate is the body that controls the implementation of the Labor Code.

Contacting the Labor Inspectorate

These duties are imposed on the Labor Inspectorate by Decree of the Government of the Russian Federation No. 324 dated 06/30/2004 "On Approval of the Regulations on the Federal Service for Labor and Employment".

Accordingly, the Labor Inspectorate is obliged to conduct scheduled and unscheduled inspections to monitor compliance with labor laws by the employer.

Therefore, in case of any violation of your labor rights - in case of violation of the term due payments, in case of non-payment by the employer of the allowances and bonuses due to you, in case of violation of the set working time, in case of non-payment of overtime, in case of violation of the vacation regime, you have the right to complain to the State Labor Inspectorate of a particular territorial unit or through the online application form.

How to write a complaint to the Labor Inspectorate

There is no single answer to this question, since there is no single form of complaints in labor and civil legislation, so you can write a complaint in any free form. The only requirement is compliance with the rules of business correspondence, including the following:

Reliability, brevity and accuracy of presentation of information. As usual, you must state only proven facts that can be cross-checked, and not allow subjective assessments and reasoning that is not related to the essence of the matter.
The rules of the Russian language, literacy of presentation and observance of spelling rules are required. Stick to good presentation.
Be sure to write your details correctly: full name and contact phone number to send a response to the complaint.

Complaint against the employer to the labor inspectorate - sample writing

A sample plan for writing a complaint is given below:

From 2014 to the present day, I have been working as a gasman at the gas station of Gazpromneft-Center LLC, which is located at the address: Krasnodar, Uralskaya Street, 96/3. From August 2015 to the present, the employer has not paid me a bonus, referring to the fact that the parent organization Gazpromneft-Center LLC has switched to austerity mode due to the global economic crisis and set a bonus percentage of 0.45% for all gas station workers. I repeatedly wrote applications for the restoration of the payment of the bonus due to me under the contract, but the accounting staff and the management of the gas station did not accept my applications for consideration.

After another refusal on September 16, 2016, I wrote a complaint addressed to CEO Society of Ivanov Efim Solomonovich. Although the receptionist accepted my application, she refused to sign the second copy. I did not receive a response to my appeal.

Then I tried to talk to the director personally and made an appointment on October 11, December 2016. During the conversation, the director pointed out that no one in our organization receives the award, even the director, and suggested that I look for Better conditions in other organizations.

In connection with the above

Check the above facts and bring those responsible to justice.
Ensure the implementation of my right to full payment of the bonus in accordance with the concluded employment contract.

File a complaint with the Moscow Labor Inspectorate

What are the ways to file complaints with the Labor Inspectorate?

Complaints to the Labor Inspectorate can be sent in three ways.

Personally come to the reception to a specialist and give him a complaint.
Forward the complaint to the address of the Labor Inspectorate using the Russian Post.
File a complaint online on the website of the State Labor Inspectorate.

Consider the advantages and disadvantages of each of these three methods:

In the first case, you usually write 2 copies of the complaint indicating to whom it is addressed and from whom it is sent, enter your contact and passport details, go with it to the inspection and give it to a specialist. Ensure that the time of filing is recorded on the second copy of the complaint by date and signature official that received the document from you. It is important to indicate not only the address for the answer, but also the phone number for resolving issues that may arise during the consideration process.
If you choose to mail your complaint, the process is almost the same. At the post office, you will be required to complete a notice form and send your complaint by registered mail with notice. The notice should be returned to you with the date the complaint was received and the signature of the receiving officer. The shipping receipt is also proof of shipping until the notice is returned. The second copy of the complaint is not used in this case.
Finally, if you're filing a complaint online, you'll have to find the labor inspectorate's website, find the link in the "Report a problem" drop-down menu, select one of the 11 categories of problem (for example, employer's liability, change in working conditions, wages or dismissal), fill in the data, choose what result you expect to get (for example, hold the employer liable or just get advice). Thus, filing an application through the online site is quite simple and convenient. If your category is not on the list, you can write in the "Other questions" section.

To send an application, you must provide certain information about yourself, that is, indicate your name, provide your address of residence, telephone number for communication and email to respond to your request.

Moreover, you can choose the way to receive a response yourself, whether it will come to the Russian Post or to your email box.

After these formalities, you write the text of your appeal. We have already considered the basic rules for filing a complaint, so we will only add the possibility of attaching scanned copies of the necessary documents to the complaint - an employment contract, etc.

Everything is ready? Click "Submit Application" and you're done!

Important additions when contacting the Labor Inspectorate

The deadline for responding to your complaint is no more than 30 days from the date of filing. This term is fixed in the text. federal law“On the procedure for considering applications from citizens of the Russian Federation”.
You must provide information about yourself (full name, address, telephone number) and this information must be reliable. Otherwise, your complaint to the labor inspectorate may be left without consideration. In addition, insults or swearing are not allowed in the text of the complaint, these violations also mean that your complaint will not be considered.
If an inspection was carried out on your complaint and its results did not satisfy you, you have the right to appeal against the actions of the inspector conducting the inspection to his immediate supervisor. If this does not bring the expected results, you can apply to the prosecutor's office and the court. In many cases, the easiest way to get back payments due to you that are delayed by the employer is through the courts. It makes sense to write to the prosecutor's office only in the case of the required sanctions against officials who have violated the law.
To expedite the consideration of the issue, you can apply simultaneously to all instances: the Labor Inspectorate, the court and the prosecutor's office.
Of course, before applying, it is advisable to make an attempt to resolve your issue amicably, that is, to apply with a statement first to your leader, stipulating in the complaint the proposed measures to resolve the situation and the time frame for resolution. With the legitimacy of your requirements, this method will often lead you to a resolution of the conflict.
Attention! If the employer puts pressure on you and inclines you to write a letter of resignation for own will, in any case do not give in . He has no right to dismiss you without recorded violations on your part. And if it happened against the law, you can appeal this decision and be reinstated with compensation for damages.

If your complaint to the labor inspectorate remains unanswered, write a second one, be sure to specify in the text of the complaint that this complaint is filed a second time and that you did not receive a response to the first complaint filed on such and such a date. In order to appeal against the decision on the refusal by the labor inspectorate to accept your complaint for consideration, the response sent to you must contain the reason for the refusal, and if you do not agree, you have the right to apply to higher authorities to restore justice.

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Labor Inspectorate Penalties 2018

Violations of labor legislation entail disciplinary, administrative and criminal liability.

Subjects of offenses in the field of labor

The Code of Administrative Offenses of the Russian Federation provides different kinds administrative responsibility for non-compliance with the norms of legislative acts relating to labor relations and labor protection. Penalties for violation of labor laws are imposed on officials:

managers and their representatives;
chief accountant;
head of the personnel department;
persons performing the duties of compliance with the rules of labor protection.

In case of repeated involvement for a similar administrative offense, the court may impose a punishment in the form of disqualification of officials for a period of 1 to 3 years.

Citizens and legal entities can also become subjects of offenses.

Administrative fines of the labor inspectorate 2018

For non-compliance with the requirements of regulations applicable to collective agreements, the following sanctions are provided by the labor inspectorate:

in case of evasion from participation in negotiations concerning the conclusion, amendment or addition of a collective agreement, violation of the terms of negotiations, a fine in the amount of 1,000 to 3,000 rubles is imposed. (according to Article 5.28 of the Code of Administrative Offenses of the Russian Federation);
if the employer fails to provide set time information for conducting collective bargaining and monitoring compliance with the terms of the agreement, a fine of 1,000 to 3,000 rubles is imposed. (according to Article 5.29 of the Code of Administrative Offenses of the Russian Federation);
in case of unjustified refusal of the employer to conclude a collective agreement - a fine of 3,000 to 5,000 rubles. (according to Article 5.30 of the Code of Administrative Offenses of the Russian Federation);
if the employer fails to comply with the terms of the collective agreement - a fine of 3,000 to 5,000 rubles. (according to Article 5.31 of the Code of Administrative Offenses of the Russian Federation);
if the employer evades participation in conciliation processes and does not provide premises for the work of the conciliation commission - a fine from 1000 to 3000 rubles. (according to Article 5.32 of the Code of Administrative Offenses of the Russian Federation);
in case of non-compliance with the terms of the agreement reached as a result of the conciliation procedure - a fine from 2000 to 4000 rubles. (according to Article 5.33 of the Code of Administrative Offenses of the Russian Federation);
upon dismissal of employees who took part in labor disputes and strikes - a fine of 4,000 to 5,000 rubles. (according to Article 5.34 of the Code of Administrative Offenses of the Russian Federation).

For Art. 5.28 - 5.31 of the Code of Administrative Offenses of the Russian Federation also provides for an administrative penalty in the form of a warning.

Violation by the employer of the rules for recruiting stateless persons or foreign citizens to work, including failure to notify the regulatory authorities (Article 18.15, part 3 of the Code of Administrative Offenses of the Russian Federation), entails a fine in the amount of:

from 2000 to 5000 rubles. on citizens;
from 35,000 to 50,000 rubles. to officials;
from 400,000 to 800,000 rubles. to legal entities.

According to Art. 15.34 of the Code of Administrative Offenses of the Russian Federation, for the concealment by the insured of the occurrence of an insured event at work, citizens are fined in the amount of 300 to 500 rubles, officials - from 500 to 1000 rubles, legal entities - from 5000 to 10000 rubles.

If the causes and conditions that led to the commission of the offense and specified in the decision issued by the labor inspectorate are not eliminated, the fine is from 4,000 to 5,000 rubles. (Article 19.6 of the Code of Administrative Offenses of the Russian Federation).

Labor Inspection Check: Fines and Criminal Liability

According to the Criminal Code of the Russian Federation, an employer may be held criminally liable for violation of labor laws. An employer may be fined:

up to 200 thousand rubles for the dismissal of a pregnant woman or a woman who has children under the age of 3 years (Article 145 of the Criminal Code of the Russian Federation);
up to 80 thousand rubles for non-payment of wages to employees for more than 2 months (Article 145.1 of the Criminal Code of the Russian Federation);
up to 200 thousand rubles for violation of safety requirements that caused serious harm to human health (Article 143 of the Criminal Code of the Russian Federation).

In addition to a fine, leaders may be punished in the form of compulsory works, imprisonment for a period prescribed by law, with deprivation of the right to engage in a certain type of activity.

When imposing punishment, the forms and motives for committing the violation, the degree of public danger, the identity of the perpetrator, his property status and circumstances that aggravate or mitigate responsibility are taken into account.

What documents are checked by the labor inspectorate?

The State Labor Inspectorate has significant powers to verify employers' compliance with labor laws. So what documents does the labor inspectorate check? It is not possible to provide a complete list of them, since when carrying out supervisory and control measures, inspectors may require the employer to provide any documents related to the subject of the audit. In what follows, we only mention the main ones.

Documents on labor relations

Everything personnel documents, regulating labor relations, can be divided into two types:

mandatory, the availability of which employers have is directly determined by labor legislation;
optional, i.e. having a recommendatory character.

Mandatory documents include:

employment contracts;
work books;
staff schedules;
books of accounting for the movement of work books (inserts to them);
documents that establish the procedure for processing personal information of employees, as well as their legal status in this region;
internal labor regulations;
vacation schedules;
shift schedules;
personnel orders;
personal cards of employees;
timesheets;
medical books.

It is these documents for the labor inspection that are the main ones. Their inspectors check first.

Optional documents include:

regulations on various structural divisions;
regulations on attestation of employees;
job descriptions;
staff regulations, etc.

Optional documents can be checked on an equal footing with the main documents if they relate to the subject of the check.

Rules for the preparation of basic documents on labor relations

It must be borne in mind that sooner or later any employer is expected to be checked by the labor inspectorate. Documents for it must be prepared in advance. They must comply with all legal requirements.

Employment contracts

place of work;
labor function of the employee;
date of commencement of work;
terms of remuneration;
working time (rest time);
conditions relating to compulsory social insurance of the employee;
other conditions, according to labor legislation.

The contract is drawn up in writing and signed by the employee and the employer (authorized representative), and also sealed (if any).

Vacation schedule

It is compiled annually, it is necessary to familiarize all employees with it against signature. Sometimes it happens that employees are not given vacation according to the established schedule. In this case, the employer runs the risk of being punished for violating labor laws. The vacation order is signed no later than two weeks before the start of the vacation, the employee must be familiar with it.

Employment books

The procedure for maintaining, as well as storing work books, is established by the relevant Rules approved by the Decree of the Government of the Russian Federation.

Documents relating to the payment of wages

The employer should be very careful about the issue of paying wages. It must be paid to employees on time and in full. Payments must be recorded in special documents (salaries, pay slips, etc.). In case of violation of the size and timing of payments, the employer may be held liable.

Documents related to labor protection

These include:

labor protection instructions;
instruction logs;
logs of registration of accidents that occurred at work;
personal protective equipment cards;
schedules of medical examinations;
regulations on the procedure for issuing protective equipment to employees;
other documents.

The list of such documents is individual for each employer. It depends on the specifics of the company or private entrepreneur.
Labor protection instructions must be approved by order; employees should be familiarized with them against signature. To do this, you can create a special journal. Familiarization is carried out when a citizen is hired or after the instructions are approved.

Thus, the legislation has endowed the State Labor Inspectorate with exclusive powers to check various kinds of documents of employers. However, it must be remembered that the law prohibits inspectors from demanding documents that are not related to the subject of the inspection.

Instruction

According to Article 356 of the Labor Code of the Russian Federation, in order to restore and prove violated rights, an employee has the right to file a complaint, letter or statement, which are written in free form.

The employer must know that not only the employee who is with him in labor relations, has the right to apply to the labor inspectorate, but also to any other person, in the event of, for example, illegal refusal of employment.

It is necessary to attach everything that confirms the fact of violation by the employer. These can be copies of orders, acts, internal labor regulations, etc. If it is impossible to provide copies of the documents, the applicant must indicate this in his complaint.

Since anonymous appeals to the labor inspectorate are not, the employee must indicate all his data (name, address, telephone number) in the complaint. But, if, nevertheless, the applicant insists on confidentiality, then according to Part II of Article 358 of the Labor Code of the Russian Federation, inspectors are required to keep the name of the applicant secret. This should also be stated in the complaint.

According to Article 386 of the Labor Code of the Russian Federation, the period during which an employee can apply to the labor inspectorate is 3 months from the date of violation of his rights.

If the inspectors identify obvious norms of labor legislation, the employer will be provided with which he will be obliged to fulfill, for example, to reinstate the employee in his previous position.

The employer, having received mandatory prescription Labor Inspectorate, can either execute it within the specified time limits, or refuse and appeal against it in court within 10 days from the date of receipt.

The Labor Inspectorate, on the basis of an employee's complaint, has the right to conduct an unscheduled inspection in the organization.

Sources:

how to contact an employer

Almost everyone knows that an employee is less protected than an employer. Who among us has not heard from the chiefs that we do not have irreplaceable ones? It is often really easier for an employer to find a new employee than for an employee - new job good pay and good team. And even if the rights of workers are openly violated, employers do not receive a worthy rebuff. Requests and demands of employees are ignored, it is expensive to defend rights in court. It remains to write a statement to the labor inspectorate.

You will need

Labor Code
Documents confirming the violation of rights

Instruction

In what cases should I contact the labor inspectorate? If you think that the employer has violated your rights, look through or consult a lawyer (consultations are usually free). It often happens that the employer is already at work, for example, does not conclude an employment contract, or does fixed-term contract with an open date. Or having concluded a contract for work in one position, you are surprised to find that you have to do the work "for yourself, and for that". It also happens that the employer decides not to pay the money due to you under the contract, for example,. Or workplace and working conditions are not just far from ideal, but very far. Another common violation is unpaid overtime work. Or work without vacation in excess of the time established by law. And, of course, unfair dismissal, for example,. This list of violations of labor laws by employers is not exhaustive, and if your rights are infringed, an application to the labor inspectorate in order to protect them.

There are labor inspectorates in almost every city in order to monitor compliance with labor laws. You need to find out in any available directory the address and phone number of yours. By driving or calling there, you can get the contact details of the inspector who oversees your organization.

Now you need to formulate a complaint to the labor inspectorate. It should reflect the essence of your claim and proposals to eliminate the violation. Documents must be attached to the complaint, confirming that the employer really violates your rights. However, if you do not have such documents, for example, because the employer simply did not provide them, do not worry. Violations will be identified during the audit.

The application to the labor inspectorate must be properly executed. In the upper right corner, write the name of the institution (labor inspectorate), position, last name and initials of the addressee, just below - your last name and full name, as well as address and contact phone number. In the text, you should write the name and address of the organization that violated your rights, as well as contact numbers, names and surnames of the general director and chief accountant, and, after an indent, state the essence of the complaint and a list of attached documents. Signature and transcript should be left at the bottom of the page.

GTI (State Labor Inspectorate) is an authority that regulates relations between working citizens and their employers. Many employees are aware of the existence of such an organization, but they do not always apply there in case of violation of their rights at the place of work.

The reason may be the fact that a working citizen simply does not have enough information on what to do or has fears to further aggravate conflict situation. It is important to be aware of your rights and have information on how to complain to the labor inspectorate.

You can complain for a variety of reasons.

There are several reasons for filing a complaint:

non-compliance with established salaries;
illegal or unjustified dismissal of an employee;
non-compliance necessary conditions labor related to the safety of life and health of a citizen;
unlawful deprivation or unreasonable reduction of vacation days;
violations in the field of labor legislation of pregnant women or women on parental leave;
refusal to reinstate a position after illness or pregnancy;
lack of additional relying Money when processing or working at night;
non-fulfillment of obligations in the field of pension order and the corresponding monthly transfers to the pension fund;
improper maintenance, filling and return, if the employee stops his work activity.

There can be many reasons for initiating proceedings in this area.

Ways to contact the labor inspectorate

You can file an anonymous complaint online.

There are several ways to file a complaint or get advice.

Which method is appropriate depends on the urgency or importance of the situation:

Submission of an application through the mail of Russia. This method is the most reliable and effective, since an official written statement entails a mandatory response and appropriate actions on the part of the inspectorate;
Contact with online services via the Internet. This is the simplest option and does not require much time. Its disadvantage may be that it cannot always be delivered to a specific official of the inspection and, accordingly, may remain unanswered;
Call to the hotline. An easy way that does not require writing the complaint itself, but having the importance of a competent explanation of the situation to the service official. Otherwise, you may not receive a response, since a specific application of a citizen will not be considered as the basis for a response and the start of an audit on an oral application;
Appeal of a citizen directly to the inspection in order to file a formal complaint or obtain advice. Choose this option if you need advice on the legality of your employer's actions and learn about the specific provisions of labor law in your situation.

After consulting with the labor inspectorate, you will be able to file a complaint and receive a mark of acceptance from the agency.

How to write an application correctly

The reason for the complaint must be stated.

The legislation does not provide for any unified form to file a complaint.

It is important that the application contains the following information:

Contact details of the person filing the complaint: phone number, residential address, full name;
Information about the employer organization: location, legal address, data of the head with full name, work phone number, name;
Written explanation of the situation at the place of work with a description of all the circumstances;
Attach the necessary documentary evidence, if any;
At the end of the application, it is imperative to prescribe the actions necessary to regulate the situation in relation to the employer;
Signature / date of the applicant with a transcript.

Among the documents attached to the written application, the following are important:

Taking office in the form of an order;
Employment book original or copy (if returned by the employer);
Photocopy of the passport.

If for some reason the employee does not provide all the documentation from the list, this cannot be an acceptable reason to refuse to accept the complaint.

If the submitted application is justified, the labor inspectorate can independently request the necessary documents from the employer.

Can I contact the inspectorate anonymously?

The current legislation does not provide for an anonymous submission, since, in order to start checking the actions of the employer, information is required indicating all the applicant's data. In the case of an anonymous complaint, your application will not have a reaction from the inspectorate and further work on it will be suspended.

The only, conditionally anonymous way may be the option of contacting via the Internet, but it is not always effective.

When submitting an application, everyone has the right to insist on assigning the confidential nature of all verification activities of the organization, but in practice this is not always possible.

How to file a complaint about non-payment of wages

The response to the complaint is given within a month.

How you can get your legal and spent money from the employer can be found in the relevant provisions of the Labor Code. Article 136 of the Labor Code of the Russian Federation provides for the payment of salaries twice a month, which are made without delay.

If a citizen has decided to quit, the responsible person (as an employer) is obliged to make payments of cash and other required compensation funds until the last declared day.

If the responsible legal entity performs actions that are contrary to the provisions of the Labor Code of the Russian Federation, then the working person has every reason to contact the appropriate authorities to initiate further proceedings.

To submit the relevant application, the applicant must be guided by the requirements specified in paragraph 1 of Art. 11 FZ 02.05.2006 No. 59-FZ “On the procedure for considering applications from citizens of the Russian Federation”.

The inspection specialist will conduct an investigation into the fact of the application, and within 30 days a response will be sent to the applicant.

When revealing facts of violation of the legislation on the payment of an employee, the labor inspectorate is obliged to launch a procedure for bringing the employer organization to administrative responsibility.

In cases of frequent violations of the terms of payment of wages, the case may be sent to the judiciary for more severe punishment of the employer.

Application to the labor inspectorate on non-payment of the calculation upon dismissal

You must provide information about all charges.

The Labor Code of the Russian Federation provides for a list of relevant payments to a laid-off employee:

Salary for all days worked by the employee until last day being in the workplace;
Calculation and inclusion in the final compensation payments if the employee did not use vacation days throughout the entire work process;
Bonuses, if these payments do not contradict the points prescribed in the legislation.

According to the current legislation, the employer is obliged to make these payments on the last working day of the dismissed employee.

In case of non-compliance with the norms of laws on the part of the enterprise, the employee has the right to file a complaint with the labor inspectorate.

The complaint or application must have all the necessary information:

details of the organization to which the appeal is directed;
an indication of the position and full name of the official to whom the appeal is directed;
contacts and passport details of the applicant;
the name of the enterprise that violated the law, indicating the actual and legal address, as well as the full name of the director;
information about the period of work in the organization: the date of the beginning and end of work at the enterprise;
description of the fact of violation of the rights of a working citizen;
information on the accrual and payment of salaries in the last billing period;
at the end of the application, it is necessary to state the specific requirements for the labor inspectorate;
the date at which the appeal was drawn up, the signature and its transcript, as well as the names of the attached documents.

Consequences of consideration of complaints and statements of citizens

The employer faces administrative liability.

If the complaint, statement or appeal of the employee to the relevant authority is justified, the employer will be checked in accordance with all the norms of the current legislation.

According to the results of the audit, the following decisions will be made regarding the employer:

issuance of an order to eliminate violations;
fixing administrative violations in accordance with established rules;
removal of an official from his position;
preparation of the necessary documentation, where all violations will be displayed legal entity in relation to a former employee;
transfer of the case to the higher authorities (these may include various judicial authorities, depending on the specifics of the case).

The applicant will be sent written notice on the results of the measures taken with a description of the measures taken in relation to the employer.

IN reporting document clarifications on further actions of the citizen can be given.

From this video you will learn what the labor inspectorate checks.

Question form, write your

In the course of the activity of each employee, conflicts with employers may arise if labor rights are violated. Most often, such situations are resolved peacefully within labor collective. However, sometimes it comes to the point that a complaint to the labor inspectorate is required.

In what cases to apply

The State Labor Inspectorate and, accordingly, its regional branches are intended to:

Consider appeals of citizens who have declared violations of their labor rights;

Take measures to eliminate found violations and restore violated rights.

Based on this brief list of inspection functions, it becomes clear that we are talking about almost any violation of labor laws. As a result, a complaint to the labor inspectorate can be filed in cases where:

the citizen is not provided with the job specified in the employment contract;
wages are not paid in full or in violation of the deadlines;
provided with a workplace that does not meet the requirements of labor protection or the terms of the collective agreement;
the employee does not have a contract of compulsory social insurance;
the employee is not provided with rest time or is not provided in full.

This list is not closed and allows the emergence of new reasons for contacting the inspection. For example, a candidate for a position can also complain about an employer if he was denied employment under a far-fetched pretext. Moreover, if the violations are massive, then a collective complaint to the labor inspectorate may be necessary. The inspection in such cases checks employers with redoubled energy.

Where to go

At the head of the entire hierarchy is federal Service on labor and employment, or abbreviated - Rostrud. Lower in rank are inspectorates that perform their functions in the constituent entities of the Russian Federation, even lower - in cities and regions.

To file your claims, just write a complaint to the labor inspectorate, which is in charge of the address of the employer's location. Higher authorities should be contacted if the result of the consideration does not satisfy the applicant. The address of the local inspectorate can be found in the telephone directory or on the Rostrud website.

Which way to send

Until recently, there were two ways to file a complaint with the labor inspectorate:

visit the inspection in person and give the documents to the secretariat or the inspector;
send the complaint by registered mail, preferably with acknowledgment of receipt.

The document should be printed in two copies. In the first case, the second copy will have a mark of acceptance for consideration by the inspection, in the second case, a return receipt will be attached to it.

However, Internet technologies have made it possible to add another very convenient way to those listed - electronic. Rostrud has launched a service that can be used to file a complaint with the labor inspectorate online, that is, from its website, you can immediately contact the inspectors. And here, in turn, you can use two options:

send a complaint electronically within the framework of the Onlineinspektsiya.rf resource, and then the answer will be more of a consultative nature;
and you can also contact through the site to receive an official response, which will be in the form stipulated by law and can serve as an argument in legal proceedings.

What arguments to give

In all cases, it is advisable for a citizen who makes such applications for the first time to consult with competent persons. Usually, in such cases, a specialist of the territorial inspectorate will be able to help, who will tell you which articles of laws to rely on. So, the labor inspectorate of Moscow, for example, allows you to write a complaint right in its office.

The wording of the claim must be clear and not ambiguous. You should specify:

what labor rights have been violated by the employer;
what articles of legislative acts define these rights (usually the main document referred to by the applicants is the Labor Code of the Russian Federation);
in what period the rights were violated;
what the employer refers to when carrying out illegal (according to the applicant) actions;
what is the debt to the employee wages, vacation, bonus and other payments (if they matter);
what costs the employee incurred as a result of such actions of the employer.

This list is, of course, not final. Quite often, employees complain about working conditions, vacation delays and other similar circumstances that do not cause visible material damage.

How to support arguments

To confirm the correctness of the applicant, it is highly desirable that the complaint to the labor inspectorate be supported by weighty arguments. Documents are usually used as such.

There is no strict list of them, but from the documents available to the employee, you can submit to the inspection:

An employment contract containing clauses that do not comply with the law, or those clauses that have been violated (duration of the working day, working week etc.).
Pay slips issued by the employer when paying salaries.
Payroll account statements bank card which receives funds from the employer.
Disputed order for dismissal or leave "without pay" and others.

Filing a complaint with the labor inspectorate must be accompanied by copies of the above documents. The originals must be kept for possible further litigation.

How to write a complaint

There is no strict form of complaint to the labor inspectorate. But the text must contain the following details and information:

the name of the territorial inspection;
surname, name, patronymic of the head of this inspection (if this information is not available, you can limit yourself to the title of the position);
surname, name, patronymic of the applicant;
the name of the appeal - "complaint" or "statement";
essence of the complaint;
Signature and date of the complaint.

Sample Complaint

As a result, a sample complaint to the labor inspectorate will look something like this:

State Labor Inspectorate of ___________

Head ________________________________

from ______________________________________________,

living ___________________________________________

tel. _____________________ (specified if

communication required)

Until _______ (date) I worked at the enterprise ___________ (company name and address) in the position of _______. The head _________ (full name) fired me _______ (date and order number) under a far-fetched pretext. Thus, my rights specified in article _____ of the Labor Code were violated.

I ask you to take measures to restore the violated rights and reinstate me at work in my previous position.

Copies of documents are attached:

______________________.
______________________.

Date ___________________ Signature ____________________ Full name

Of course, this is just an example of a complaint to the labor inspectorate, and the essence of the claims may be completely different.

How an employer is checked

The complaint received will become an indispensable basis for conducting an audit of the actions of the employer. From the practice of the work of inspectors, it can be seen how the labor inspectorate checks on a complaint.

1. First, the existing composition of documents will be examined. In other words, the inspectors will check whether all required documents in stock. Meaning collective agreement, staffing, labor regulations, employment contracts, timesheets, payslips, provisions on bonuses and bonuses, sick leave register, vacation schedules. However, the interests of the inspectors will not be limited to this list: they will certainly need work books and a book on accounting for their movement, personal cards.

If the complaint contains complaints about working conditions, then they will also check labor protection.

2. Then the correctness of the execution of the existing documents will be checked. Particular attention will be paid to employment contracts, which may contain the following shortcomings:

Some employees do not have employment contracts.
Employment contracts with a limited duration (fixed-term) do not provide grounds for such a limitation.
Employment contracts state that payment is made according to staffing, and there is no tariff rate or salary. This situation indicates a violation of Art. 57 of the Labor Code of the Russian Federation.
In the employment contracts there is a record that during the probationary period the salary will be lower than that of the main staff. There is a violation of Art. 132 of the Labor Code of the Russian Federation.

Employees applying for a job should pay attention to the fact that they conclude labor contracts, and not civil contracts, as is often the case. In the latter case, the employer makes life easier for himself and avoids paying personal income tax and insurance premiums. BUT tax return the citizen will have to hand over himself. If the labor inspectorate receives a complaint about this, then the employer will face serious sanctions: in addition to having to pay "saved" taxes and contributions, he will pay penalties and fines.

What threatens the employer with violation of labor laws

In rare cases, a complaint to the labor inspectorate remains without consequences. Sanctions still apply, but they depend on the severity of the violations. Inspectors have very broad powers of punishment, and they can and have the right to:

issue orders to eliminate detected violations;
bring guilty persons to administrative responsibility;
issue instructions to the management to bring responsible persons of the organization to disciplinary responsibility;
to suspend the work of both entire companies and their divisions, or even individual sections, if significant violations are found, as a result of which there is a threat to the life and health of employees;
suspend from work persons who have not been trained in safety in the workplace;
intercede before law enforcement on bringing violators to criminal responsibility, if circumstances so require;
act as experts in the consideration of administrative and criminal cases on violations of labor laws.

The result of the work of the inspectors will be an inspection report, to which, if violations are found, an order is necessarily attached to eliminate them with specific deadlines. The act will then review the leadership of the inspectorate and decide on punishment or no punishment. The resolution will be necessarily communicated to the management of the organization and to the applicant (if the complaint is not anonymous). The term for considering a complaint by the labor inspectorate is 30 days, counting from the moment it was received by the inspectors. You can extend it, but only for another month, no more.

Where to appeal in case of disagreement with the results of the audit

The system of appeal in state institutions is designed in such a way that it is not recommended to step over your head. This means that if you disagree with the results of the audit, you should first appeal to a higher authority, that is, to the republican, regional or regional labor inspectorate.

At the same time, no one forbids immediately suing the employer, however, as mentioned above, local courts will involve local inspectors as experts.

There is another resource that is very widely used when seeking fairness in labor relations. This is the prosecutor's office. Law enforcement officers of this department are especially fond of questions on wages and act in court on the side of the injured persons.

Anonymity or officiality - what to choose?

In some cases, employees, wanting to complain about the illegal actions of the employer, want their name not to appear anywhere during the check. Note that if a complaint is received anonymously by the labor inspectorate, then it cannot be considered by law.

But the labor inspectorate provides some substitute for the incognito. In the text of the complaint, you can indicate the desire to remain unknown to the public. Inspectors will be required to maintain secrecy. In addition, they will check the organization for all employees, and it will be impossible for the employer to understand who wrote the application.

According to statistics, every fifth citizen of Russia faces violations of the Labor Code and discrimination in the field of labor law. The law provides that citizens have the right to report non-compliance with labor laws to the Federal Labor Inspectorate.

Possibility of filing a complaint with government bodies carried out both individually and collectively. Let's look at the cases in which a claim is allowed and what a sample collective complaint to the labor inspectorate looks like.

You should contact the FIT if a citizen has witnessed violations by the employer, or experiences discrimination personally. The main cases in which you should file a complaint with the Federal Labor Inspectorate:

Additional Information

The time for processing the application and reporting the results is thirty days, regardless of the method of its transmission. If the claim does not fall within the competence of the Inspectorate, then it will be transferred to another body for consideration. Then, within 7 days after registration, a notification of redirection of the application will be sent. You need to know that the inspection may not consider the application if it contains direct threats or insults.

During employment, the employer violated the registration procedure. If the employment contract does not contain information on the amount of salary, additional payments and the conditions for receiving them, then this will become the basis for applying to the FIT. It is important to note that the employer is not entitled to issue probation pregnant women;
During employment, various types of discrimination were applied to a citizen:

Refusal to grant leave;
Wages were not paid on time and not in full. There are debts on payments;
Compensation provided for Labor Code(vacation, sick leave);
An employee is forced to work overtime on weekends or is transferred to a workplace that does not meet established standards.

During the dismissal, violations were committed:

The citizen was not promptly notified of the dismissal or reduction;
After termination of the employment contract, all due payments were not made;
The last working employee did not receive a work book.

Reporting violations is allowed not only while working in the organization, but also after dismissal. If a citizen is denied employment on illegal grounds, then you should also contact the FIT authorities.

The possibility of contacting the labor inspectorate is limited to 3 months from the day the employee learned about the violation. For disputes relating to dismissal - the period is 1 month from the date of receipt of the documents.

If you are late to go to court (a period of 1 month is given), the employee can safely write a statement to the labor inspectorate against the employer about the legal violation that has taken place. Even if the case is in litigation, the GIT can also conduct an investigation.

You can file a complaint in the following ways:

Personally visit the FIT and transfer the claim to specialists. It is important to make a statement in duplicate in advance. Documents proving the fact of an offense on the part of the employer (copy of the employment contract, reports) can be attached to the complaint;
Use the services of the Russian Post. It is important to send a letter with a notification and an attachment with an inventory. Then FIT specialists will check the availability of documents with the inventory and confirm receipt;
Visit the official FIT website and fill out the electronic form.

Employees of the Labor Inspectorate process the application within 30 days and, upon completion of the inspection, notify them of the results. If the complaint does not fall within the competence of the FIT, then it will be transferred to another competent authority for consideration within seven days after registration. Citizens receive a notification about the redirection of the application. It is important to note that FIT specialists will not review a claim that contains threats or insults.

The video explains what the state labor inspectorate can do

Advantages and features of filing a collective complaint

Important advantages of a collective complaint to the employer are:

The weight of the claim, due to the greater objectivity of the team in comparison with the subjective point of view of one employee;
The mass nature of the complaint, which can attract the media or entail social consequences if the problems identified in the complaint are not resolved;
Absence of contradictions in the assessment of the actual problem.

According to Federal Law No. 59, there are no serious requirements for filing a collective complaint. When writing a claim, it is important to adhere to the following principles:

All applicants must agree with the content of the collective complaint;
In the upper right corner, you must specify the personal data of all applicants. Information about date of birth, position, e-mail address is optional;
The first part of the complaint must contain specific facts indicating mass violations of labor rights. In addition, it is necessary to indicate the motives according to which the applicants consider their rights violated;
The second part of the complaint must contain a list of the claims made by the applicants;
At the end of the document, it is necessary to affix the signatures of all applicants along with a transcript;
The document must reflect the contact person authorized by the applicants to file a complaint.

The claim must include the following information:

The header of the document contains:

The name of the organization to which the complaint is filed;
Position and full name of the head of this organization;
Full name of the person representing the interests of the team.

The word "Complaint" is written in the center of the sheet;
The "body" of the document contains:
Name of the employer with clarification of the organizational and legal form;
The reason for petition. It is important to explain how the manager violated the rights of the employees of the organization;
Dates of these violations;
applicants' requirements;
Documents that can confirm the stated claims;
Date of submission of the application;
Signatures of all applicants.

Attention: If the sender's coordinates (address, last name) are not included in the complaint, then it is not considered.

If, as a result of an inspection by FIT employees, offenses are found, the employer will be issued an order to eliminate the violations as soon as possible. If the manager does not take appropriate action or the violations are serious, then the employer will be sued in court.

Do you have any questions? Ask them in the comments to the article