To the labor inspectorate filed in cases where the employer violates any rights of employees, refuses to provide legally guaranteed payments and holidays. How to write and file a complaint with the labor inspectorate, what rules must be observed when writing such a document, we will talk in detail in this article.

How and in what cases are complaints written to the labor inspectorate?

For clarity, here is an example of writing a complaint:

State Labor Inspectorate

Omsk, st. Lenina, d.1

from Ivanov Sergey Leonidovich

Omsk, st. Leningradskaya, d.1 kv.1

contact phone: 11-11-11

From 2012 to the present day, I have been working as a foreman at Stroyinvest LLC, which is located at the address: Omsk, Zheleznodorozhnaya street, 15. From October 2017 to the present, the employer refuses to provide me with annual paid leave, referring to the fact that There is no one to replace me during the holidays. I repeatedly wrote applications for leave, but such applications were not accepted by the personnel department.

After another refusal on November 05, 2018, I wrote a complaint addressed to CEO Society Grozin Vladimir Ivanovich. The secretary in the director's office accepted the application, but refused to record the fact of its acceptance on my copy. I have not received a response to my complaint.

Then I tried to talk to the director personally and made an appointment on December 20, 2018. During this meeting, the director directly indicated to me that they would not give me a vacation, and if I was going to argue, I could immediately write a letter of resignation.

In connection with the above

1. check this fact and hold the perpetrators accountable;
2. ensure my right to paid leave.

How to write a complaint to the labor inspectorate of Moscow

It is not difficult to write a complaint to the Moscow labor inspectorate. You can submit it in 3 ways:

• bring the complaint in person;
• send a claim by Russian Post;
• complain about an unscrupulous employer through the official website of the State Labor Inspectorate.

Let's look at each of the ways to file a complaint with the labor inspectorate in more detail.

1. In the first case, everything is more or less clear. Write your complaint (it is important to recall that all appeals should be made in 2 copies); take it to the inspection (on the second copy, be sure to put down the date of submission of the document, as well as the signature and decoding of the signature of the person who accepted it); and then wait for a response to your request. It is important to note that in the complaint, you must specify not only the address for sending a response, but also a contact phone number so that you can be contacted promptly if additional questions arise during the consideration of the complaint.
2. Sending a complaint by Russian Post is about the same as personal delivery of an appeal. Write a complaint (you keep the second copy), then go to the post office, fill out the notification form and send the appeal by registered mail with notice. When the notification returns, you will have confirmation of receipt of the letter and the signature of the person who received it. Alternatively, you can simply keep the shipping receipt. Before the notification is returned, this receipt confirms the fact of sending.
3. Most in a simple way To address the labor inspectorate today is to file a complaint via the Internet. In order to file a complaint with the labor inspectorate of the city of Moscow, you will need to visit the official website of this state structure. On the site, select the "Online Reception" tab, and then decide on the topic of your appeal (select from the list provided). It contains the most common problems: wages, working time and rest time, hiring and dismissal from work, changes in working conditions, labor protection, disciplinary and material liability of the employee, etc. If there is no topic for your appeal, then you need to select the "Other issues" tab. Click on the link and click the "Submit Application" button.

In order to send a complaint, you will have to fill out a short questionnaire: indicate your name, surname and patronymic, address, contact phone number and e-mail address. You will also need to choose how you want to receive a response: in writing by Russian Post or by e-mail.

After that, you need to enter data about the employing organization, indicate the TIN and PSRN of the company, the name and position of the head, as well as the name of your position. Below you will be offered several options for action on your appeal, for example: conducting an audit and holding the perpetrators accountable; initiation of administrative proceedings; getting advice on the issue, etc. Opposite the desired action, put a tick.

Then you can proceed to the direct writing of the complaint. The main body of the complaint should be general rules business letter. As additional materials, various files can be attached to the application (for example, scanned copies of an employment contract, documents confirming your position, etc.).

What is important to consider

Employees often do not know where and how to apply if they labor rights are violated. Some agree to turn a blind eye to violations because they are afraid of being left without a job. But in such situations, it would be wrong to remain silent. A sample application to the labor inspectorate for an employer in such a situation is very useful.

Appeal to employees of the Labor Inspectorate is the right of everyone who has witnessed a violation. Complaints are also made by those who observe injustice towards others.

Here are just some of the offenses that can be recorded in this way.

The presence of at least one of the conditions gives the full right to file a complaint with the labor inspectorate.

Where and how are complaints filed?

The application is submitted to the employees of the labor inspectorate in the region where the violation is noticed. Each subject has its own branches under any circumstances. There are three ways to submit documents:

1. On a personal visit. To do this, a citizen arrives at the office, hands over the documents at the reception.
2. By registered mail, with appropriate notice. The method is considered more convenient, except for the high probability that the document will be lost during the transfer process.
3. By using electronic form through internet channels. All papers are scanned, then sent on the appropriate page.

Complaining to employers about missing wages

Two copies of this document are being made. One of them, with a special mark, remains in the hands of a subordinate. The claim will become the main evidence for the court if the case goes to trial.

Employees have the right to stop work if the delay in money was 15 days or more. But this must be reported to the manager in writing, otherwise the absence from the workplace can be considered absenteeism. Employees of the labor inspectorate are required to verify the accuracy of the information from any complaints. After that, a decision is made.

About illegal dismissal

To resolve the issue, a citizen will have to go through several stages:

1. It all starts with a study on the topic of which department of the inspection is assigned to a particular enterprise. The name of the leader must also be known exactly.
2. Further, a letter is written with a request to recognize the dismissal as an illegal procedure. Such statements contain the personal data of each of the parties, information about the institution to which the application is sent. Specific facts that violate the rights of an employee are stated in a strict business style. The application must be submitted no later than one month after labor Relations were terminated.
3. Complicated and confusing cases are recommended to be immediately sent to the courts.

Complaint in the case of informal registration of subordinates

And here the Labor Inspectorate is engaged in solving problems. She is sent applications and requests that the actions of the leader be recognized as illegal. The main thing is to collect as much evidence as possible in favor of the fact that the time was actually worked out at the enterprise. Any kind of paper will help here:

1. What was accessed while the citizen was performing his duties.
2. Witness's testimonies. It will be enough to involve at least two colleagues - then the court will almost with 100% probability take the side of the applicants.
3. Often a simple verbal message to the manager helps to achieve paperwork. You just need to say that in the absence of payment and relevant papers, the citizen is going to file a complaint with the inspection.

Proper Complaint Formation for All Situations

The document must contain the following information in order to increase the likelihood of consideration:

1. The full name of the department of the territorial labor inspectorate, along with the full name of the head of this institution.
2. Information on the applicant himself, including the registration address and full name.
3. Title of the document.
4. The essence of the appeal. The applicant describes a situation in which, in his own opinion, rights were violated. It is necessary to write about what happened, where and when. Separately, specific norms violated by the leader are indicated. It describes the harm done and the evidence that can be used in the consideration of the case. The information of the organization where the violation occurred is also written here.

Additional Complaint Rules

It will be useful to study them in any way of transmitting a message - both written and electronic. Compliance with the following conditions helps to avoid disputes and additional questions:

1. The applicant's details must be correct. Papers drawn up anonymously remain unconsidered.
2. The text in the appeal is recommended to be concise and objective, without adding personal feelings about what happened. The business style is preserved when writing any proposals.
3. It is important to have only reliable facts that are actually verified in practice.
4. Slander and insults, obscene language are prohibited.
5. If possible, you should attach scanned copies of documents as evidence.

Using the official site

This opportunity has been available to citizens since January 1, 2017. Now the conversion algorithm looks like this:

1. The procedure begins with registration on the website of the State Services. Mobile phone, email and full name - these are the data that visitors will need.
2. Through Personal Area at the State Services, it will be easy to enter the portal owned by the Labor Inspectorate itself.
3. On the page, the "Report a problem" tab is selected. Selecting the tab prior to authorization results in an automatic redirection to Public Services to complete the procedure.
4. The visitor looks at the proposed options and decides which category suits him best.
5. Further, the result that we would like to achieve is selected - a consultation with a specialist, the imposition of administrative responsibility on the employer, and the conduct of unscheduled inspections.
6. The main thing is to carefully fill in all the proposed fields.
7. It remains to click on the send message button.
8. After that on email confirmation that the application has been accepted. From this moment, 30 days are counted, which are given to the inspection for consideration.

About the terms of consideration, response

1 calendar month is the maximum period from receipt of a complaint to consideration of the issue in detail. That's what the law says. Consideration of cases of illegal dismissals is faster - in 10 days.

After the application is studied, the enterprise most often organizes an unscheduled inspection. After that, a decision is issued with the requirement to eliminate the identified violations by a certain time.

Labor inspectorate: how can it act after receiving a complaint?

Within 30 days after the transfer, the documents are carefully studied, as well as the arguments set forth by the originator. If all information is confirmed, then the following scenarios are possible:

• An order is issued with the requirement to eliminate the violations.
• The leader is held liable: criminal or administrative.
• The company is ordered to temporarily suspend operations.
• Some employees are suspended from work.

About anonymity

The issue of leaving anonymous messages remains relevant. The legislation says that the Inspectorate has no right to consider anonymous complaints. But the citizen himself can indicate separately that his data should not be disclosed. In the electronic application form, it is enough to put a mark for this.

About collective complaints

This is another option for citizens to report a violation. Most often, the messages describe discrimination against the entire team.

But the law does not prohibit collectively reporting violations directed at one specific employee. The main thing is to accurately indicate the full name of the representative of the enterprise on whose behalf the document is being drawn up.

About inspections by the labor inspectorate

In total, the check is carried out in two main options.

The inspector in such circumstances has the following powers:

1. Suspension of activities, across the enterprise or specific units.
2. Organization of litigation regarding existing violations.
3. Investigation of any circumstances related to the accident.
4. Bringing to administrative responsibility those who are guilty.
5. Issuance of orders to remove from work persons who are not familiar with safety rules. Or those who have not confirmed their knowledge, qualifications in this area.
6. Presentation of instructions that the identified violations must be eliminated.
7. Supervision that the company complies with the minimum requirements of the law.

If the question remains unanswered and unanswered

It is necessary to file a complaint again if the first document was left without consideration at all. The fact of retransmission must be indicated. The text also marks the date when the original application was sent.

If the inspectorate again refuses, then they must substantiate their answer in writing. In case of disagreement with the decision, the applicant has the right to apply further to the court.

Filing claims, filing rules

Before going to court, you need to prepare a whole package of documentation. Most of the position is issued by the head, no later than three days in advance. Written formal requests are recommended because it is common for managers to buy time.

The lawsuit is filed with the city or district court responsible for the address of the head. The main thing is that the document is drawn up in accordance with the current legislation, otherwise the consideration will be denied.

The following rules are followed:

1. The heading indicates the name of the court where the claim is directed.
2. After that, the plaintiff indicates his personal data, the address of his permanent place of residence.
3. Information on the defendant is filled in the same way.
4. In the center write the phrase "Claim Statement". The continuation of the phrase indicates the reason why it was necessary to start creating a claim.
5. In order for the court to immediately proceed to consideration without additional questions, the essence of the case must be described in as much detail as possible. If it is possible, then specific laws are written that are violated by the leader.
6. When the problem is stated, the plaintiff describes his claims in detail.
7. Copies of the employment contract together with the work book become mandatory attachments. The more evidence of violations, the better.
8. Claims are filed no later than three months after the violation became known.

Sample application to the labor inspectorate for the employer

Writing a complaint is not difficult at all. It is enough to fill out this sample according to the rules described above:

What to do if the inspector's decision is not satisfactory?

The first of the possible options is to contact the management of the specialist who made the original decision. The main thing is to clearly state the essence of the problem. And try to make sure that the other side has enough time to consider all the circumstances outlined.

If the management refuses to consider complaints, the next step is to send applications to employees law enforcement. Usually it is the police or the prosecutor's office.

Finally, there remains the judiciary, which acts as a last resort. It is recommended to take such steps only after checking all the previous methods. And you need to make sure that they do not give any result.

Final Thoughts

If the leader clearly violates the rights and current legislation, do not be afraid to defend your interests. Compiled complaints from employees often resolve issues in favor of the latter. The main thing is to competently approach the collection and compilation of the necessary documentation.

Employers who do not pay wages for 3 months or more can be held criminally liable. In this case, the documents are immediately sent to the nearest police station. Article 145.1 of the Criminal Code of the Russian Federation is the main basis on which they are held accountable under such circumstances.

Is it difficult to contact the labor inspectorate, see this video:

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The labor inspectorate is one of state inspections checking the observance of workers' rights. The scope of her duties is wide. However, it can be described very briefly - it eliminates the violation of the rights of employees and monitors their subsequent observance.

Thus, the labor inspectorate can be called a kind of "defender" from dishonest employers. It eliminates most violations without involving the prosecutor's office or the court.

Performs two types of inspections: scheduled and unscheduled.

Scheduled inspections by the labor inspectorate:

Scheduled inspections are mainly carried out in agreement with the prosecutor's office. They are distinguished by the fact that the plan for such inspections is already known in advance and determined a year in advance - it can be found on the websites of the Prosecutor General's Office or the labor inspectorate itself. They also start only if a certain number of complaints to the inspection are collected against a certain employer.

Unscheduled checks:

They are carried out only when applying to the labor inspectorate. At the same time, complaints must expose serious violations of labor or other standards. The list of reasons can be found in article No. 360 of the Labor Code of the Russian Federation. The main reasons for an unscheduled inspection are:

• Expiration of the period for the elimination of violations identified by the previous audit;
• Complaints to the labor inspectorate on violation of working conditions;
• Complaints to the labor inspectorate about;
• Special order of the head of the Inspectorate.

Thus, an unscheduled check can be called by the most ordinary employee who wrote . But do not think that with the first complaint against the employer, the inspection will immediately go to him for verification. First of all, will be considered:

• and contracts;
• accounting books;
• Internal rules of the organization;
• Schedules (holidays, weekends, overtime, etc.);
• Orders concerning labor activity;
• Personal files of employees.

These and many other less important papers will be considered first. Only if violations are found in them can we expect an inspection at the enterprise itself.

The State Inspectorate is authorized to:

• Require the employer to comply with labor standards
• Eliminate employees who lack skills or education
• and hold accountable.
• Conduct a background check
• Temporarily close institutions.
• Initiate legal proceedings for serious violations of the law.

A complaint is made by an employee in the form of an application. It has a strict form and without fail includes the following:

In the title:

• Name of the inspection body: full name, address;
• Name of the complainant, address;
• Contact details for responding to a complaint.

In the information part:

• The time that the employee worked in the organization, the date of employment;
• Reason for the complaint: what specifically violated your rights;
• Your actions taken to restore your labor rights;
• Requirements;
• Substantiation of requirements.

Final part:

• List of additional attached documents;
• The date the complaint was filed;
• Signature.

What should be the correct written complaint against the employer?

• Accurate. All facts, dates and circumstances must be described without error. All supporting documents must be complete and true. Before filing a complaint with the labor inspectorate against the employer, do not be too lazy to check it and related papers for inaccuracies;
• Brief. Don't go into detailed description everything that preceded the violation or was only after it. Describe only the minimum volume required;
• Correct. containing any insults or emotional and incorrect additions will not be considered;
• Competent. Try not to make mistakes, avoid typos and blots;
• Complete. Be sure to include everything you need. If there are no facts, the complaint will not be considered. Also, do not forget to include all the data, including your own.

Can I file an anonymous complaint?

As usual, an anonymous complaint will not be considered. The point is that according to the law Russian Federation an appeal to the labor inspectorate must contain information about the complainant. In the case of an anonymous complaint, the application will be considered incomplete and will not be dealt with. However, a complaint can be filed online. A different form of filing an application provides some anonymity.

It is also worth noting that the complaining employee may request a confidential review. However, in practice, such a request is not very efficient.

How to complain to the labor inspectorate online

What else is important to know about complaints to the labor inspectorate?

• Handling a complaint is a slow process. Only its initial consideration may take a month, but no more;
• Your complaint may or may not be considered. Most often this is due to the desire of the employee to write an anonymous complaint. The labor control inspectorates do not deal with anonymous complaints;
• The labor inspectorate is not the most effective authority in settling conflicts with employers. You can also apply to the prosecutor's office or to the court;
• Before filing a complaint, first contact the manager with the complaint. Sometimes mentioning a complaint to the inspectorate is enough to resolve minor disputes;
• You can always ask the inspectorate to justify its decision.

Where to turn if a complaint to the labor inspectorate did not help?

1. . It is designed to protect any rights of citizens of the Russian Federation, including labor. Appeal to the prosecutor's office is very similar to a complaint to the inspection: you need to write a complaint in the same order, indicate the circumstances of the case in it, explain the requirements and substantiate them, present evidence in the attached documents. At the same time, a complaint to the prosecutor's office will be much more effective if, in violation of your rights, the laws of the Russian Federation were also violated.
2. . It is possible to sue the employer. In this case, authorized judicial representatives will already be engaged in consideration of the circumstances of the case and verification of compliance with labor standards. To do this, you need to file a claim in the usual manner. This process is most effective in case of illegal dismissal. The only negative is that cases are considered for a long time.

Sample complaint to the labor inspectorate, taking into account recent changes Russian legislation.

The Labor Code of the Russian Federation provides for several ways to protect the rights of an employee. This may be an appeal to the court, to the commission on labor disputes, as well as to the Federal Labor Inspectorate (Rostrudnadzor).

The competence of Rostrudnadzor is the most extensive, since this service has special inspectors who have the right to conduct field checks at the enterprises on complaints of workers. It is worth noting that it is necessary to contact Rostrudnadzor in cases where it is not a labor dispute, but a violation by the employer labor law. The complaint may relate to the organization of working conditions, issues regarding accidents, execution of labor documentation, etc.

It must be remembered that part labor disputes(among them, issues of illegal dismissal, changing the motivation for dismissal, violation of the procedure for using personal data, bringing an employee to liability) can only be considered by the court, so it makes no sense to apply to Rostrudnadzor on them.

The format of the complaint itself is quite standard for such documents. An example of such a complaint is provided below. As for the description of violations, each of them is described separately. First, the actions of the employer that the employee considers illegal are described, then arguments and references to the norms are given. Labor Code RF as confirmation of the position of the employee.

In the final part of the complaint, the employee must indicate what measures are required to be taken against the employer. Moreover, we are talking not only about punitive measures, but also actions that are necessary to restore the violated rights of the employee.

To the Federal Labor Inspectorate
in the town___________________

________________________
(insert address)

From ______________________
(full name, residential address, contact details)

A complaint

about violation of the rights of the employee

I, ___________________ (full name of the applicant), am an employee of ____________________ (indicate the name, legal form, TIN, address of the employer, if we are talking about an individual entrepreneur, then indicate the full name, address, TIN).

At this enterprise (institution, organization) I work on employment contract from "___" "__________" 20 __ years in the position of ______________________ (indicate who the employee works for).

During the period of my employment, my labor rights were repeatedly violated as a result of the following actions of the employer _____________________ (indicate the actions of the employer that violate the rights of the employee provided for by labor legislation).

The specified actions of the employer are illegal due to _________________________ (indicate the norms of the Labor Code of the Russian Federation, other regulations, taking into account which the actions of the employer are illegal).

In view of the foregoing, guided by Articles 354, 356 of the Labor Code of the Russian Federation,

I BEG:

1. Check the arguments set forth in the complaint and, if relevant violations are found in the activities of ____________________ (indicate the name, legal form, if we are talking about individual entrepreneurs, then indicate the full name, address, TIN) bring the perpetrators to administrative responsibility ;

2. Oblige my employer __________________ (indicate the name, legal form) ____________________ (indicate what needs to be done to eliminate the violation, for example, pay wages, pay in full, issue work book etc.);

3. Notify me of the results of the audit.

Applications:

1. Copy of the employee's passport;

2. Copy of the employment contract;

3. Documents supporting the applicant's arguments.

"___" "________" 20__ ________________ (signature)