Application to the labor inspectorate on demand. How and where to complain about an employer? Labour Inspectorate

The State Labor Inspectorate (GIT) carries out “federal State supervision over compliance with labor legislation and other regulatory legal acts containing labor law standards.” The labor inspectorate is authorized to conduct an unscheduled inspection in an organization if a corresponding request from an employee is received. At the same time, it is necessary to remember that “Appeals and statements that do not allow identifying the person who applied to the state control (supervision) body... cannot serve as the basis for an unscheduled inspection” (Clause 3, Part 2, Article 10 of the Federal Law of December 26. 2008 N 294-FZ). In other words, the State Tax Inspectorate should not respond to anonymous requests.

The application procedure takes place in two steps.

Step 1. Filing a complaint

The first thing to do is to file a complaint properly. To do this, a written application must be drawn up, which must contain:

  • Name of the government agency;
  • Full name of the applicant;
  • postal and email address the applicant;
  • content of the complaint;
  • applicant's signature;
  • date;
  • copies of supporting documents (if available).

A written appeal to the State Labor Inspectorate will not be accepted for consideration if it does not include the full name of the applicant or postal address for a response (clause 1 of Article 11 of the Federal Law "On the procedure for considering citizens' appeals" Russian Federation" dated 02.05.2006 N 59-FZ). In addition, there will be no answer if the text cannot be read (clause 4 of Article 11 of the Federal Law dated 02.05.2006 N 59-FZ).

Sample complaint to the labor inspectorate

Step 2. Submitting a complaint to the labor inspectorate

The application can be sent by one of traditional ways: personally take it to the GIT in set time or send by Russian Post or email.

In the first case, the application should be drawn up in two copies, one of which is certified and remains in the hands of the applicant.

In the second case, the request is sent by registered mail, and the applicant receives notification of its delivery to the addressee.

Both methods are associated with certain inconveniences and time costs. From January 1, 2017, in connection with amendments to , the requirements for the consideration of applications to the State Labor Inspectorate have been changed. Now every citizen has the opportunity to file a complaint with labor inspection online.

How to write a complaint to the labor inspectorate online

You can register an appeal online using the onlineinspection.rf resource. All that is required is to log in to the site and follow the steps suggested by the system:

  1. Open the “report a problem” service.
  2. Select the category of the problem (hiring, changing working conditions, dismissal, work time etc.)
  3. Specify the category of the problem by selecting one of the proposed options. If the problem does not fall into one of the categories, you should return to step 2 and select “other violation labor rights».
  4. Highlight the desired result of consideration of the application (verification of the stated facts; identification of guilty persons and bringing them to administrative responsibility; consultation on the questions asked).
  5. State the essence of the appeal, indicating information about the applicant and the employer.
  6. Consent to the processing of personal data.

The application status is tracked in your personal account online.

Results of the complaint consideration

An appeal to the State Labor Inspectorate is registered within 3 days, regardless of whether it was submitted online or in writing. The period for consideration of the application is no more than 30 days from the date of its registration. Sometimes the review period is extended, but not by more than 30 days, with mandatory notification to the applicant.

If the application is drawn up properly, the inspector conducts an inspection, during which the presence or absence of a violation of the employee’s rights is revealed and a corresponding report is drawn up. If violations are confirmed, the employer is issued an order to eliminate them, and the applicant is sent a reasoned response in writing.

Filing a complaint to court against an employer is not always appropriate or effective. To restore the violated rights of an employee, there are other government agencies. One of them is the labor inspectorate, to which you can file a complaint against the employer.

Protection of employee labor rights

According to the Labor Code, ensuring the protection of labor rights and freedoms of citizens and other tasks in the field of labor protection are assigned to the Federal (state) Labor Inspectorate. Since 2004, tasks for ensuring labor safety have been assigned to the Federal Service for Labor and Employment (Rostrud) and its territorial bodies. The Federal Service for Labor and Employment is under the jurisdiction of the Ministry of Labor and social protection Russian Federation.

A complaint against the employer is filed with the territorial body of Rostrud. Each subject of the Russian Federation has its own territorial body. IN central office Rostrud filed complaints about the inaction of the territorial bodies of Rostrud.

A complaint against an employer to the labor inspectorate can be filed in two ways:

  • via mail or brought by hand;
  • through the online resource onlineinspektsiya.rf.

Complaints cannot be accepted by telephone.

According to the Federal Law “On the Procedure for Considering Appeals from Citizens of the Russian Federation,” anonymous proposals, statements, appeals and complaints are not subject to consideration (except for reports of terrorist acts). It is possible to contact orally only with personal reception in a government agency.

Making a written complaint

The complaint is drawn up in free form. It must indicate:

  • where the complaint is filed (territorial body of Rostrud);
  • from whom the complaint is being filed (full name), place of registration, postal address, telephone number;
  • name of the employer's organization (Partner LLC);
  • legal, actual and postal addresses, TIN, full name of the manager, telephone;
  • information about the concluded employment contract and additional agreements to it;
  • arguments about the violation of your rights (what the violation of your rights was, indicate a specific article of the Labor Code or employment contract);
  • request for response measures (bring to administrative liability, bring to criminal liability, pay wages, etc.);
  • preferred method of responding to a complaint (to Mailbox, by email);
  • personal signature and date.

Documents confirming the employer’s unlawful actions (orders, instructions, etc.) are attached to the complaint. If available and necessary, you can attach video, audio, and list witnesses to the complaint.

Sample complaint against an employer to the labor inspectorate

After writing a complaint, it must be sent to the territorial body of Rostrud. This can be done in two ways via mailing with notice or on purpose. To file a complaint on purpose, you must print two copies of the complaint, appear at the territorial authority and transfer it to the expedition (secretariat). On the second copy, the employee will stamp the admission, which you will take with you. The period for consideration of a complaint is 30 days from the date of its registration.

Complaint to Rostrud via the Internet (online)

In the age of high technology, an employee has the opportunity to file a complaint against an employer via the Internet. Created for this online service, which is popular. This service began operating in September 2013. According to official data, more than 130,000 people used this service and more than 50,000 people sought advice.

Online application procedure

In order to complain about an employer, you need to go to the website onlineinspection.rf. In chapter "Services" choose "Report a problem".

Personal Area

An email with information about the service and a password will be sent to the email address you specified during registration. Using your email address and password you can log in Personal Area service and monitor the progress of the case.

As you can see, the procedure for filing a complaint with the labor inspectorate is not that complicated. The resolution of the issue depends on the specific situation and problem.

4 283

There are several ways to write a complaint to the labor inspectorate, including online. The main thing is to clearly argue your position and correctly state the essence of the claims against the employer.

Very often, when disagreements arise between an employer and an employee, the latter has no choice but to complain to the appropriate authorities. Most often, workers go to complain to the labor inspectorate.

What is GIT

The State Labor Inspectorate is a government body whose responsibilities include oversight of compliance with labor legislation and labor protection at all enterprises in the country.

The Labor Inspectorate has the following powers:

  1. conducts scheduled inspections of employers for compliance with the law and, if violations are detected, issues orders to eliminate them and imposes penalties on the perpetrators or on the enterprise as a whole;
  2. conducts unscheduled inspections based on complaints received from employees. At the same time, inspections are not limited to the area of ​​labor legislation to which the received complaint relates. That is, when inspectors come in response to a complaint about delayed wages, they can check the maintenance of other documents;
  3. participation in commissions to investigate fatal accidents or those involving serious consequences for a group of people. Based on the results of the investigation, makes a decision on the nature of the accident and the degree of guilt of its participants and the employer;
  4. consideration of complaints and disputes on labor issues between an employee and an employer. IN in this case Not all disputes that arise are within the competence of this body. The most common questions are about unlawful imposition of a penalty, about illegal dismissal and failure to pay all due amounts, as well as delay wages. At the same time, questions about the amount of payments should already be sorted out by the judicial authority, although the employee can also address this issue to the State Tax Inspectorate.
  5. consulting both employees and employers on issues of labor legislation and labor protection, clarification of current legislation. Moreover, the employer’s representative’s request for help does not entail an inspection, even if during the consultation it turns out that errors and inconsistencies were made.

When to turn to GIT for help

​As a rule, if serious disagreements arise between an employee and an employer, they lead either to punishment or to the dismissal of the employee, which is not always legal and justified.

But since the worker is unable to resolve such issues on his own, he has no choice but to resort to the help of state bodies protecting the interests of workers.

In what cases should you write a complaint to the labor inspectorate?

An employee has the right to contact the State Tax Inspectorate in any case when his rights are violated, or he thinks so.

But at the same time, he must understand that in the current realities, contacting the labor inspectorate means a conflict with the employer and most likely he will have to quit. Although it should be said that this is still more applicable to private companies, in government organizations the employee is more protected.

The most common cases when an employee goes to the state labor inspectorate:

  • violation by the employer of the Regulations on remuneration and Collective agreement;
  • unlawful imposition of disciplinary sanctions. Here it is possible that the punishment was legal, but an error was made in the execution and the employee knows about it. In this case, unfortunately, the State Tax Inspectorate will still take the employee’s side, since paperwork is considered a priority for any offense. This applies to all labor issues;
  • wrongful dismissal, especially if it was made under a negative article without compelling reasons. The employee is forced to file a complaint so that the “bad” record does not affect his future employment;
  • delay of wages. In this case, contacting the inspectorate is advisable only if the entire salary is official;
  • unlawful layoff or transfer to another job;
  • violation of the rights of pregnant women (sending on a business trip, engaging in overtime work and night work, etc.). The employer should remember that pregnant women are a special caste, and they are allowed almost everything. Labor inspectors always make decisions in favor of the pregnant woman, and the penalties in this case can be quite significant. This is exactly the case when the employer must, for his part, make every effort to resolve the conflict.

These are the main reasons why complaints come to the labor inspectorate; in fact, there are many more of them.

Note! The fact that an employee turned to the labor inspectorate does not mean at all that he will be right, but even if he is found guilty of a conflict, the labor inspectorate does not apply any sanctions to him, leaving this at the discretion of the employer.

Our lawyers know The answer to your question

or by phone:

A complaint against an employer is written in any form; there is no standardized form for filing it.

It must contain the following details:

  • the name of the state inspection where it is submitted;
  • Full name and identity of its manager;
  • Full name, passport details and registration address of the citizen filing the complaint;
  • the name of the document, that is, the complaint;
  • text of the complaint. It should state the essence of the matter in as much detail as possible;
  • the date the complaint was written and the signature of the employee who wrote it.

The complaint can be handwritten or typed on a computer, this does not matter and does not affect its legality.

The complaint can be collective, then it will have the signatures of all the employees who compiled it.

Note! If the complaint does not contain information about the person who compiled it, then the inspectorate will not accept it for consideration, but at the same time, a note can be placed in the complaint that the applicant asks not to disclose his identity.

This measure is only appropriate when we're talking about about general violations, and not those that concern a specific employee, since in this case it is unlikely to remain incognito.

How to send a complaint to the labor inspectorate

There are several ways to file a complaint with the labor inspectorate.

  1. First of all, you can take it in person and give it either to the inspector or to the reception. In this case, you need to keep a copy for yourself, on which the receiving party will put the incoming number and date.
  2. You can send a complaint by registered mail. In this case, you need to pay attention to accurately filling out all the data of the person who filed the complaint.
  3. Another way to complain about an employer is to fill out the appropriate form on the official website of the state labor inspectorate.

Whatever method of sending a complaint is chosen, inspectors still accept it for consideration. They have a period of one month to conduct an investigation and make a decision, after which they make a decision, which they inform the person who filed the complaint.

How the investigation is carried out

Upon complaint, GIT employees are required to conduct an investigation. The method of conducting it depends on the circumstances of the case; it can be conducted in two ways:

  1. An on-site inspection is carried out when the inspector comes to the enterprise that is included in the complaint and requests Required documents. This type of inspection is less desirable for the employer, since during the inspection the inspector can check other documents and, if he finds disagreements with the law, has the right to issue a fine and order correction;
  2. the inspector calls the employer's representative with all the necessary documents to his office and there examines all the circumstances of the case based on the documents provided. For the employer, this method is preferable, since only specific documents are subject to verification.

The inspector chooses the inspection method at his own discretion.

Actions of the employee and employer after receiving a response to the complaint

If the response received does not satisfy one of the parties, they have the right to appeal it to other authorities, the prosecutor's office or court.

You also need to remember that the employee has the right to appeal to several authorities at once, but if their decisions do not coincide, then the decision made by the judicial authority will have priority. But it can also be appealed.

The appeal period is 10 days, that is, during this period the dissatisfied party must have time to file a complaint.

Note! According to current labor legislation, an employer cannot fire an employee who complains about him to the labor inspectorate, so if this happens, the employee needs to collect all the evidence and again file a complaint against the employer.

A complaint to the labor inspectorate should be considered as a last resort when all ways to resolve the conflict between the parties peacefully have been exhausted. Because although inspectors more often make decisions in favor of workers, for the latter this will not be a guarantee of maintaining their rights in the future.

If your employer violates labor laws, refuses leave, does not pay bonuses, or delays payment of wages, the Labor Inspectorate should help.

How to write correctly complaint to the Labor Inspectorate and how to achieve compliance with the terms of the contract on the part of the employer, we will consider in this article. The State Labor Inspectorate is a body that monitors compliance with the norms of the Labor Code.

Contacting the labor inspectorate

These responsibilities are imposed on the Labor Inspectorate by Decree of the Government of the Russian Federation No. 324 of June 30, 2004 “On approval of the regulations on Federal service on labor and employment."

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

These unscheduled inspections by the State. labor inspection should be carried out in the event of complaints from employees about violations of the labor rights of workers.

Therefore, in case of any violations of your labor rights - in case of non-payment by the employer of benefits and bonuses due to you, in case of violation of the required working hours, 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 an online form appeals.

How to write a complaint to the Labor Inspectorate

There is no clear 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 business correspondence, including the following:

  • Reliability, brevity and accuracy of presentation of information. As always, you should present only verified facts that can be double-checked, and avoid subjective assessments and reasoning that are not relevant to the essence of the matter.
  • Rules of the Russian language, correct presentation and adherence to spelling rules are required. Stick to proper presentation.
  • Be sure to write your details correctly: full name and contact phone number to send a response to the complaint.

Complaint against an employer to the labor inspectorate - writing sample

An example plan for writing a complaint is given below:

State Labor Inspectorate
Krasnodar city,
Microdistrict Kamvolno-Sukonny Kombinat,
1st Zarechnaya Street, 17
from Feodorov Feofan Izmailovich
Krasnodar, st. Sormovskaya, 12, apt. 1
contact phone: 11-11-11

COMPLAINT

From 2014 to the present day, I have been working as a gas worker at the gas station of Gazpromneft-Center LLC, which is located at the address: Krasnodar, Uralskaya street, building 96/3. From August 2015 to the present, the employer has not paid me a bonus, citing the fact that the parent organization Gazpromneft-Center LLC has switched to a strict cost-saving mode due to the global economic crisis and has established a bonus percentage of 0 for all gas station workers .45%. I have repeatedly written applications for the restoration of 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 to general director Society of Ivanov Efim Solomonovich. Although the receptionist accepted my application, she refused to sign the second copy. I did not wait for a response to my appeal.

Then I tried to talk to the director in person and made an appointment for October 11, 2016. During the conversation, the director pointed out that no one in our organization receives a bonus, not even the director, and suggested that I look for Better conditions in other organizations.

In connection with the above

  1. Check the above facts and bring the perpetrators to justice.
  2. Ensure the exercise of my right to full payment of the bonus in accordance with the concluded employment contract.

What methods of filing complaints with the Labor Inspectorate are there?

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

  • Personally come to an appointment with a specialist and give him a complaint.
  • Send the complaint to the address of the Labor Inspectorate using Russian Post.
  • Submit a complaint online on the website of the State Labor Inspectorate.

Let's look at the advantages and disadvantages of each of these three methods:

  • In the first case, you standardly write 2 copies of the complaint indicating to whom it is addressed and from whom it is sent, enter your contact and passport information, go with it to the inspection and give it to a specialist. Make sure that the time of filing is recorded on the second copy of the complaint with the date and signature of the official who accepted the document from you. It is important to indicate not only the address for a response, but also a telephone number to resolve issues that may arise during the review process.
  • If you decide to send your complaint by mail, the process will be much the same. At the post office, you will have to fill out a notification form and send the complaint by registered mail with notification. The notice should be returned to you with the date the complaint was received and the signature of the official who received it. The mailing receipt also serves as proof of mailing until the notice is returned. The second copy of the complaint is not used in this case.
  • Finally, if you are filing a complaint online, you will have to find the labor inspectorate website, find the link in the “Report a problem” drop-down menu, select one of 11 problem categories (for example, employer liability, change in working conditions, or dismissal), fill out the information , choose what result you expect to get (for example, holding the employer accountable or just getting advice). Thus, submitting an application through the online site is quite simple and convenient. If your category is not on the list, you can write to the “Other questions” section.

To send an application, you must provide certain information about yourself, that is, indicate your name, provide your residential address, telephone number for contact and email for a response to your request.

Moreover, you can choose the method of receiving the answer yourself, whether it will come to the Russian Post or to your email box.

Also select the purpose of your appeal, that is, do you just want to consult, or do you want to initiate a case against the administration of the enterprise, or initiate an audit of the organization to bring the perpetrators to justice.

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

All is ready? Click “Submit Application” and it’s done!

Important additions when contacting the Labor Inspectorate

  1. The response time to your complaint is no more than 30 days from the date of filing. This period is fixed in the text Federal Law“On the procedure for considering appeals from citizens of the Russian Federation.”
  2. 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 curse words are not allowed in the text of the complaint; these violations also mean that your complaint will not be considered.
  3. If an inspection was carried out based on your complaint and its results did not satisfy you, you have the right to appeal the actions of the inspector conducting the inspection to his immediate supervisor. If this does not bring the expected results, you can go to court. In many cases, the easiest way to get back the payments you are entitled to that are delayed by your employer is through the court. It makes sense to write to the prosecutor's office only in case of required sanctions against officials who have violated the law.
  4. To speed up the consideration of the issue, you can contact all authorities simultaneously: the Labor Inspectorate, the court and the prosecutor's office.
  5. Of course, before making a complaint, it is advisable to make an attempt to resolve your issue amicably, that is, first address your complaint to your manager, specifying in the complaint the proposed measures to resolve the situation and the time frame for resolution. If your demands are legitimate, this method will often lead you to a resolution of the conflict.
  6. Attention! If your employer puts pressure on you and persuades you to write a letter of resignation due to at will, do not give in under any circumstances. He has no right to fire you without documented violations on your part. And if it happened in violation of the law, you can appeal this decision and be reinstated at work and receive compensation for damages.

If your complaint to the labor inspectorate remains unanswered, write a second one, making sure to specify in the text of the complaint that this complaint is being filed a second time and that you have not received a response to the first complaint filed on such and such a date. To appeal a decision on the labor inspectorate’s refusal 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 appeal to higher authorities to restore justice.

GTI (state labor inspectorate) is an authority that regulates relations between working citizens and their employers. Many workers are aware of the existence of such an organization, but they do not always go there if their rights are violated at their 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 of further aggravating 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 various reasons.

There may be several reasons for filing a complaint:

  • non-compliance with established salaries;
  • illegal or unjustified dismissal of an employee;
  • failure to comply with necessary working conditions related to the safety of life and health of citizens;
  • illegal deprivation or unreasonable reduction of vacation days;
  • violations in the field of labor legislation of pregnant women or women on maternity leave;
  • refusal to reinstate a position after illness or pregnancy;
  • lack of additional benefits Money when processing or working at night;
  • failure to fulfill obligations in the field of pension procedures and corresponding monthly transfers to the pension fund;
  • improper maintenance, completion and return if the employee ceases his work activity.

There can be a huge number of reasons for initiating proceedings in this area.

Ways to contact the labor inspectorate

You can submit an anonymous complaint online.

There are several options for filing a complaint or getting advice.

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

  1. Submitting an application via Russian Post. This method is the most reliable and effective, since an official written statement entails a mandatory response and corresponding actions on the part of the inspectorate;
  2. Access using 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 inspection official and, accordingly, may remain unanswered;
  3. Call the hotline. The easy way, which does not require writing the complaint itself, but has the importance of competently explaining the situation to the service official. Otherwise, you may not receive a response, since the citizen’s specific statement will not be considered a basis for a response and the beginning of an inspection based on an oral statement;
  4. A citizen contacts the inspectorate directly to file a formal complaint or receive advice. Choose this option if you need advice about the legality of your employer's actions and learn about specific labor law provisions in your situation.

After consultation with a labor inspectorate official, you will be able to file a complaint and receive an acceptance mark from the service.

How to write an application correctly

The reason for the complaint must be indicated.

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

It is important that the application contains the following information:

  1. Contact details of the person filing the complaint: telephone number, residential address, full name;
  2. Information about the employing organization: location, legal address, information about the manager indicating his full name, work phone number, name;
  3. A written explanation of the situation at the place of work with a description of all the circumstances;
  4. Attach the necessary documentary evidence, if any;
  5. At the end of the application, be sure to specify the actions necessary to regulate the situation with respect to the employer;
  6. Signature/date of the applicant with transcript.

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

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

If for some reason an 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 may independently request the necessary documents from the employer.

Is it possible to contact the inspectorate anonymously?

The current legislation does not provide for anonymous filing, since in order to begin checking the employer’s actions, 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 it will be suspended.

The only conditionally anonymous way may be to contact via the Internet, but it is not always effective.

When submitting an application, everyone has the right to insist on the confidentiality of all verification activities of the organization, but in practice this does not always work out.

How to file a complaint about unpaid wages

A response to the complaint is given within a month.

You can find out how you can receive your legal and spent money from your employer from the relevant provisions Labor Code. Article 136 of the Labor Code of the Russian Federation provides for wage payments twice a month, which are made without delay.

If a citizen decides to resign, the responsible person (as an employer) is obliged to make payments of funds and other required compensation funds before the last stated day.

If the responsible legal entity carries out actions that contradict 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 appropriate application, the applicant must be guided by the requirements specified in paragraph 1 of Art. 11 Federal Law 05/02/2006 No. 59-FZ “On the procedure for considering appeals from citizens of the Russian Federation.”

An inspection specialist will investigate the application and send a response to the applicant within 30 days.

If facts of violation of the law regarding employee benefits are revealed, the labor inspectorate is obliged to launch a procedure for bringing the employing organization to administrative responsibility.

In cases of frequent violations of wage payment deadlines, the case may be sent to the judicial authorities for a more severe punishment of the employer.

Application to the labor inspectorate for non-payment of compensation upon dismissal

You must provide information about all charges.

The Labor Code of the Russian Federation provides a list of appropriate payments to a dismissed employee:

  1. Salary for all days worked by the employee up to last day being at the workplace;
  2. Calculation and inclusion of compensation in final payments if the employee did not use vacation days throughout the entire work process;
  3. Bonuses, if these payments do not contradict the points prescribed by law.

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

In case of failure to comply with legal norms on the part of the enterprise, the employee has the right to file a complaint with the labor inspectorate.

The complaint or application must contain all the necessary information:

  • details of the organization to which the application is sent;
  • indication of the position and full name of the official to whom the appeal was sent;
  • 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: start and end dates of work at the enterprise;
  • description of the fact of violation of the rights of a working citizen;
  • information on the calculation and payment of wages in the last pay period;
  • at the end of the application it is necessary to set out specific requirements for the labor inspectorate;
  • the date at which the application was drawn up, the signature and its transcript, as well as the names of the attached documents.

Consequences of considering complaints and applications from citizens

The employer faces administrative liability.

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

Based on the results of the inspection, the following decisions will be made regarding the employer:

  • issuing an order to eliminate violations;
  • recording administrative violations in accordance with established rules;
  • removal of an official from his position;
  • drawing up the necessary documentation, which will display all violations legal entity in relation to a former employee;
  • transfer of the case to higher authorities (this may include various judicial authorities, depending on the specifics of the case).

The person who submitted the application will be sent a written notification of the results of the measures taken and a description of the measures taken against the employer.

The reporting document may provide explanations about further actions citizen.

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

Form for receiving a question, write yours

Views