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File a collective complaint with the labor inspectorate. Complaint against an employer to the labor inspectorate

Your employer regularly violates your rights, what to do in such a situation? How to protect your labor rights and where should I go? These and other questions can be answered in this article.

In what cases is it necessary to complain?

The labor inspectorate is a body that receives and considers applications from citizens about violations of the duties of their employers and takes measures to eliminate identified inconsistencies (Article 356 of the Labor Code of the Russian Federation). The reason for contacting the State Labor Inspectorate may be:

Violation in the employment of an employee. Erroneous actions are the absence of employment contract information about wages, bonus payments and the conditions under which they will be paid;
Registration of a pregnant woman for a probationary period;
Collection of penalties for violations of the internal regulations of the enterprise, with which the employee was not familiar;
Refusal to allow an employee to take regular annual leave;
Delay in payment of wages or receipt of them incompletely;
Sick leave payments have not been received, there are no vacation benefits;
The manager does not allow sick leave, he asks for leave “at his own expense”;
Working after hours, on holidays and on weekends, non-compliance of the workplace with labor protection standards;
Violations in the dismissal or layoff procedure. There are likely to be several inconsistencies with the Labor Code of the Russian Federation:

untimely notice of dismissal;
payments required by law (compensation for unused vacation) have not been transferred;
compensation was received after the last working day;
the work book was not received upon dismissal.

Sample complaint to the Labor Inspectorate: how to fill it out correctly

To file a complaint, you need to draw up a competent appeal indicating specific violations and attach supporting documents to it. Information must be literate, clear and reliable.

It must indicate:

last name, first name, patronymic and registration address of the person submitting the application;
personal signature and date of submission;
indication of violation of labor rights;
name of the territorial representative office of the labor inspectorate;
Full name, position of manager;
contact details for feedback;
applicant's passport details.

For clarity, an example of a complaint might look like this:

State Labor Inspectorate

Ivanovo, st. Teatralnaya, 16

from Ivanov Ivan Ivanovich

Ivanovo, st. Pushkina, 7, apt. 55

contact phone: 12-34-56, 8-987-666-78-88

Employer: Sfera LLC

Actual address: Ivanovo, st. Shkolnaya, 2

Legal address: Ivanovo, st. Shkolnaya, 2

Full name of director: Petrov Petr Petrovich

tel., fax: 65-43-21

I have been working in the organization Sfera LLC since 07/01/2015 on the basis of a concluded employment contract.

This agreement does not contain any mandatory conditions according to the Labor Code, including labor protection conditions in the workplace. Salary payment deadlines have not been met for 5 (five) months.

Based on the above, I ask you to consider my appeal and take inspectorial response measures.

I agree to the processing and transfer of my personal data.

03/09/2019 Signature with transcript

You can submit a complaint to the labor inspectorate in various ways:

personal submission of an application to the authority. It is necessary to make two copies of the application, submit one for consideration, and keep the second with a note about registration of the application in the journal;
by registered mail with return receipt requested;
Submitting an online application on the website of the state inspectorate for your region.

The period during which the application is considered and a decision is made is 1 month.

Examples of complaints to the State Tax Inspectorate:

Anonymous complaint

A complaint can be submitted either in person or anonymously.

To submit an application and remain incognito, you need to attach a request for confidentiality, drawn up in any form, to a traditional complaint indicating all contact information. Anonymous submission can only be done this way. An application without indicating the applicant and address will not be considered (Clause 1, Article 11 of the Federal Law “On the procedure for considering citizens’ appeals” Russian Federation" dated 02.05.06 No. 59-FZ). If the text is not readable, then there will be no answer.

Collective complaint

There are situations when labor law violations affect not one person, but several at once, for example, a workshop or department. In this case, you can file a collective complaint.

In general, the application form is not much different from an application from one person. In the header of the document you must indicate the full name of the team representative, the dates of violations, and the signatures of all applicants.

A collective complaint has a number of advantages:

greater weight, since the entire team is objective;
If the conflict is not resolved, a mass complaint may attract local media and newspapers, which will negatively affect the reputation of the enterprise.

What types of checks can there be?

According to Art. 360 of the Labor Code of the Russian Federation, the basis for conducting inspections may be:

expiration of the period issued to eliminate the violation;
receipt of statements to the inspectorate that indicate a real violation of labor law by the employer;
request for compliance with labor protection conditions in the workplace from employees;
court order to conduct an unscheduled inspection.

If an inspection is ordered, authorized persons check the legality of the employer’s adherence to labor standards and compliance with labor safety standards.

There are two types of checks:

1. Scheduled – carried out by the labor inspectorate at a certain frequency. It is carried out to establish compliance with labor law requirements by the employing company. 294-FZ states that several grounds are sufficient to conduct such a check:

The company has existed for 3 years;
Last check was 3 years ago;
The organization has been operating for 3 years.

2. Unscheduled - carried out regardless of when the last inspection was based on a requirement, complaint or application. It is of a one-time nature. It is written in more detail in Federal Law 294, Article 9.

During the inspection, the inspector has the right to interview employees of the organization, request Required documents.

During the inspection, the inspector may require the following documents:

constituent documents;
collective agreement;
wage papers;
timesheet;
employment contracts with employees;
leave requests;
sick leave;
vacation schedule;
work books;
bonus provisions.

It is important to know that when checking internal documentation, which includes internal labor regulations, a collective agreement, regulations on bonuses and wages, regulations on maintaining trade secrets, they should not contradict each other and be drawn up in accordance with the law. And also should not worsen the situation of employees.

It is also worth paying attention to the vacation schedule: whether all employees were there and whether vacation pay was paid correctly. The schedule must be approved no later than 14 days before the end of the year. The vacation must also not exceed the duration established by law.

If you need to check compliance with labor protection conditions, the inspector will pay attention to the following:

safety measures during work;
availability of protective equipment for workers;
certification of workplaces (AWC), as well as the use of the obtained AWW results to provide employees with benefits and conduct medical examinations.

Upon inspection, an inspection report is issued with recording of violations of the Labor Code of the Russian Federation.

Based on the identified discrepancies, the following measures are applied to the employer:

An order to eliminate violations within the time frame established by the inspection;
Imposition of an administrative fine.

The results of the inspection may be sent to the prosecutor's office or to the court to initiate criminal proceedings. This applies to serious violations:

Dismissal of a pregnant woman or mother with a child under 3 years of age;
Non-payment of wages for more than three months;
Violation of safety regulations, resulting in damage to the health of the employee.

If suddenly the employer and employee reach an agreement, then the latter will most likely want to withdraw the application from the inspectorate. The law does not provide for the revocation of an application. Even if the employee confirms that the violation has been eliminated, an audit of the organization will still take place.

Video: A visual example of an application to the State Tax Inspectorate for non-payment of wages

The right to write a complaint against an employer is given by the Labor Code of the Russian Federation, while the State Labor Inspectorate:

receives and considers letters, applications, complaints, as well as other requests from citizens indicating violations of their labor rights;
undertakes necessary measures to eliminate violations and restore violated rights.

In accordance with this article, an employee may submit an application for consideration of a complaint in labor inspection after the employer violates any of his labor rights. What are these cases of violation of labor laws, for example:

wages are not paid on time or are not paid in full;
overtime or night work is not paid;
the employer does not notify you writing O components wages (salary slip is not issued);
the salary is not paid on the day of dismissal of the employee;
a work book is not issued to the employee on the day of dismissal;
a copy of the employment contract was not provided;
the employment contract does not specify the days for payment of wages (at least every half month) and does not indicate the terms of remuneration: amount tariff rate or the employee's salary; additional payments, allowances, incentive payments;
workers are not familiar with the results of the occupational safety and health standards in the workplace;
based on the results of a special assessment of working conditions for workers employed in hard work, work with harmful and dangerous working conditions has not established compensation;
workers are not provided with personal protective equipment,

It must be remembered that not only an employee can file a complaint with the labor inspectorate, but also any citizen, for example, who believes that he was illegally not hired. A private complaint from a citizen is the basis for an unscheduled inspection of the employer ().

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How to contact the labor inspectorate to file a complaint?

To do this you need to follow these steps:

Find out the address of its territorial department.
Draw up a complaint according to the sample, indicating a violation of labor rights.
Attach documents that support the arguments stated in the complaint.
Send a complaint to the labor inspectorate by registered mail or bring it in person to the labor inspectorate reception

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Labor Inspectorate, How to correctly draw up a complaint according to the sample?

It is very important that when writing a complaint, it must contain the following information:

the name of the territorial representative office of the labor inspectorate to which the appeal is sent, or the last name, first name, patronymic of the head, or simply his position;
surname, name, patronymic, as well as address of the citizen who submits the appeal;
arguments, indications of violation of labor rights, according to the labor code, proposals, statements or complaints;
personal signature and date.

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Time limits for consideration of complaints and applications

A written appeal, filing a complaint with the labor inspectorate, is subject to consideration in thirty days period from the date of its registration. In special cases, this period can be extended, but not more than by 30 days.

What are the benefits of filing a complaint against an employer?

Based on the results of checking the arguments specified in the appeal, inspectors can:

issue an order to the employer demanding that the violations be eliminated;
bring him to administrative responsibility;
suspend the operation of the organization, its individual structural divisions or equipment;
suspend personnel or individuals from work in cases prescribed by law;
send relevant material to law enforcement agencies in order to attract persons to criminal liability.

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Sample complaint to the labor inspectorate against an employer

Head of the State Labor Inspectorate
By _________________
Full Name

from Last Name First Name Patronymic
lived Grad, Grazhdanina st., 777, apt. 999
tel.***-***-0000

Application to the labor inspectorate

I, Last Name First Name Patronymic, worked at X-Employer LLC, INN *************, OGRN *************, located at the address: CITY, street STREET, building. 777, reception phone number 000-***, HR department ***-000, 06.22.20xx was dismissed under Article 81, paragraph 2 of the Labor Code of the Russian Federation “staff reduction”.

On June 22, 2020, as an unemployed unemployed person, he applied to the employer for benefits for the second month, in accordance with clause 1. I was presented as evidence Employment history With last entry about dismissal under clause 2 - 06/22/20xx

This employer still has not paid me the state-guaranteed payment for the second month of employment.

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

Date signature /Last name/

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Filing a complaint to Rostrud via the Internet

A citizen can submit a complaint to the labor inspectorate via the Internet by entering his data in the input form. All this is carried out on the basis of the Procedure for a citizen to apply to Rostrud through information systems common use and getting answers to your questions.

Important!

Before sending a letter to Rostrud by e-mail, you must familiarize yourself with the procedure for consideration when filing a complaint and receiving a response.

1 . In his appeal, a citizen must indicate his last name, first name, patronymic (the latter if available), postal and/or email address to which the response or notification of forwarding of the appeal should be sent, outlines the essence of the proposal, statement or complaint, and sets the date .

2 . If necessary, in support of his arguments, the citizen attaches documents and materials in electronic form to the appeal.

3 . The received appeal is considered in the manner established Federal law dated May 2, 2006 No. 59-FZ “On the procedure for considering appeals from citizens of the Russian Federation.”

The response to the appeal is sent to the postal or email address specified in the appeal. In the absence of postal or email address , to which the response or notice of redirection filed should be sent the complaint is not considered.

Maximum terms for consideration of an application:

Registration – 3 days;

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Address of the labor inspectorate in Moscow

Personal reception of citizens and organizations: Wednesday 10.00-17.00 (lunch 13.00-14.00)
st. Marksistskaya, 24, building 2

Personal reception of citizens at st. Marksistskaya, 24, building 2 will be carried out exclusively by appointment ("electronic" queue). You can sign up in the “Pre-registration” section of the portal “ONLINESPECTSIYA.RF”.

The most common reason for contacting the State Labor Inspectorate is questions regarding wages and dismissal. But in the process of fulfilling his duties, the employee also faces other problems: a stuffy room, uncomfortable working conditions, problems with documents, work hours, a boorish boss and many others. These are also violations of labor rights, and the labor inspectorate is obliged to consider such complaints.

The Labor Inspectorate will consider any complaint that concerns the relationship between the employee and the employer. The department will check for violations and, if everything is confirmed, take measures to protect your rights.

Salary

Dismissal

Working conditions and comfort in the workplace

Work without official registration

Employer's liability

Employee Responsibility

Working time and rest time

Occupational Safety and Health

The labor inspectorate is obliged to conduct an inspection of any person’s complaint. He does not have to be an employee of the company/organization. The Labor Inspectorate will also check the application of an applicant who believes that he was illegally denied a job.

If the company pays salary in an envelope(in whole or in part), and the labor inspectorate confirms this fact, then not only the employer, but also the employees will have to answer. According to the law, even with a “gray” salary, a citizen must pay personal income tax. The labor inspectorate will transmit the information to the tax office, and it will charge tax for the previously received salary in an envelope.

State Labor Inspectorate:

- receives and considers letters, applications, complaints, as well as other requests from citizens indicating violations of their labor rights;

- takes the necessary measures to eliminate violations, as well as restore violated rights.

How to complain to the labor inspectorate

1. Find out where to complain.

The complaint is filed at the place of registration of the employer. Usually this is the legal address of the organization/enterprise. If the plant is located in Saratov, but is registered in Makhachkala, then you will have to complain to Dagestan.

Addresses of territorial authorities Federal service on labor and employment are posted on the website http://www.rostrud.ru/

For employers who are registered in Moscow and the Moscow region, a complaint must be filed with the State Labor Inspectorate of Moscow.

2. Choose a method of contact.

You can file a complaint:

Personally;

By registered mail;

By email (to the address indicated on the website of the territorial authority);

Through the information and consultation portal of Rostrud www.onlineinspektsiya.rf.

According to the law, a written appeal to the labor inspectorate will be considered within 30 days from the date of its registration. In special cases (for example, an on-site inspection is needed), this period will be extended, but not more than by 30 days.

Is it possible to complain anonymously?

In some cases, an employee wants to complain to his superiors incognito. For example, when you don’t want to lose your job, but you need to correct an injustice.

To do this, indicate in your appeal that you object to the communication of your data to the employer. In this case, the law obliges the inspector to keep secret about the source of the complaint (Article 358 of the Labor Code of the Russian Federation).

You will still have to provide your details in the application - anonymous complaints remain without consideration for quite some time legally. But no one in the team will know who complained to the labor inspectorate.

“I work as an accountant. Everything is fine, except for the office equipment: the computers are nearby, it’s stuffy, noisy, the air conditioners don’t work. I complained to the labor inspectorate and said that I didn’t want to reveal my name to my superiors. As a result, the inspectorate conducted an inspection and issued an order to the employer to eliminate the violations. So I’m still working, I haven’t had any problems with my boss. But after the inspection, they gave us a separate room for accounting and installed air conditioning.”

If there is a conflict between you and your boss and you are on the verge of being fired, there is nothing to lose. Complain openly.

“There were six months left before retirement and then they decided to kick me out by replacing me with a protégé. They started putting pressure on me to quit and insulted me in front of the team. I contacted the inspectorate. Colleagues confirmed the fact of pressure. I ended up keeping my job."

3. We write an appeal.

In the application, be sure to indicate which labor rights the employer is violating. Attach documents that confirm the facts stated in the application.

What must be included in the application:

full name of the organization;
the applicant's position;
actual address of the enterprise/organization;
last name, first name and patronymic of the manager;
if known, indicate the telephone numbers of the administration (reception manager, head of the personnel department, etc.);
the essence of the complaint;
what should the labor inspectorate do: conduct an inspection, hold the employer accountable, take measures to restore violated labor rights;
signature and date.

If the application is collective, this should also be indicated and signed by all employees. If there are too many employees, then put the signatures with the names explained on a separate sheet and attach them to the complaint.

Alexey from Chelyabinsk worked in a Moscow company on a rotational basis. IN Last year money was delayed. As a result, orders for work dried up, and the company owed the man almost 200 thousand rubles. They also offended other colleagues. Therefore, they all together wrote a collective statement at the place of registration of the company, to the territorial office of the labor inspectorate in Chelyabinsk.

4. Submit an application.

Personally. Take 2 copies of the application to the labor inspectorate. One will remain with you; make sure that the secretary puts on it the number of the incoming document and the date of acceptance.

Within 30 days from this date (in exceptional cases - 60 days), an inspection must be carried out at the enterprise. Otherwise, complain to the prosecutor's office.

Russian Post. Complete the delivery notification. When the notice is returned, it will be dated and signed by the person who accepted the letter. The “countdown” of time for verification will begin from this date.

Click "Report a problem." Select the topic and the result you want to receive: inspection of the enterprise, bringing the perpetrators to justice, or consultation on solving the problem.

After submitting the form, you will receive an email notification that the complaint has been accepted for consideration.

All. A complaint submitted via the Internet must be considered like a regular paper complaint within 30 days.

A complaint may be left without consideration for the following reasons:

If information about the applicant is not provided or is provided incorrectly.
The text of the complaint contains obscene language or insults.

You should know!

If you do not agree with the conclusions of a labor inspectorate employee based on the results of the inspection, complain about the inspector to his supervisor. If the head of the labor inspectorate did not help, contact the prosecutor’s office and the court. This can be done without waiting for the end of the labor inspection check.

Before contacting the labor inspectorate, write a complaint to your manager with a request to resolve the problem within a reasonable time.

Do not write a resignation letter “by at will" Even if the director really asks. Succumb to persuasion - management, with a clear conscience, will deprive you of part of the mandatory compensation in the event of a layoff. No one can fire you without compelling reasons provided for by labor law.

If you have written such a statement, remember: it can be withdrawn. This must be done in writing. The Labor Code of the Russian Federation provides that an employee does not have the right to withdraw a letter of resignation only if another employee is invited to take his place in writing and who cannot be denied a contract.

If the company has problems and management does not pay wages, do not, under any pretext, agree to voluntarily resign!

If the labor inspectorate does not respond to the complaint (this can happen), contact us again. In your new application, do not forget to clarify that you did not receive a response to your first request.

Government bodies are responsible for timely consideration of citizens' appeals and sending a response.

Even if the labor inspectorate does not see a violation of the law in the employer’s actions, the department will send a response. In it, the inspector who conducted the inspection will justify his decision.

You will find a sample application to be sent by mail in the instructions of the Center for the Protection of Citizens’ Rights “A Just Russia” - “Complain to the labor inspectorate.” It will need to be downloaded.

The material was prepared within the framework of the Program for increasing the level of legal literacy and protecting the rights of citizens of the Russian Federation in the fields of labor and social protection in 2017.

If an employer violates your labor rights, then you have the opportunity to contact the labor inspectorate with a complaint. We will talk further about in what situations you should file complaints against an employer and how to write a complaint to the labor inspectorate.

In accordance with the norm of the three hundred and fifty-sixth article of the Labor Code of the Russian Federation, a labor inspectorate for state purposes was created. This structure considers the following issues:

receiving and considering letters, complaints, applications for non-payment of wages, vacation pay and other violations of labor discipline;
eliminates violations, restores violated rights.

Therefore, in relation to the above article, the employee has the right to contact the labor inspectorate with a complaint about a violation of his rights by the employer. Specific cases are given below:

performing additional work that is not specified in the employment contract;
incomplete payment of wages or incomplete payment;
work in conditions inconsistent with special services, security, fire and sanitary hygienic purposes;
employer does not provide social insurance employee in cases established by law;
lack of time for rest in the form of weekends, days off or vacation;
other violations, individual for each enterprise.

Please note that such complaints are filed not only by employees, but also by other people working illegally in institutions. According to the complaint filed, the inspectorate is carrying out an unscheduled inspection of the enterprise.

To contact the labor inspectorate, follow these steps:

find out her address in your territorial district;
draw up a complaint, which must indicate the reasons for contacting the inspectorate;
add to it evidence of unlawful actions by management;
submit your complaint to the organization by contacting them personally or sending documents in the form registered letter, after receiving which they must subscribe.

You can download a sample complaint to the labor inspectorate against an employer here:

In the process of drawing up a complaint, contacting the labor inspectorate, consider the following factors:

indicate the territorial representation of the inspectorate in your region, the name and surname of its head, information and positions;
initials and surname of the person who contacts the organization, residential address;
reasons for the appeal, their description and documentary evidence in the form of arguments;
At the bottom of the complaint, the employee must indicate the date it was written and confirm it with a signature.

From the moment of registration of a written application to the labor inspectorate, no more than thirty days must pass for its consideration.

Depending on the type of complaint and its consideration, punishment options may be as follows:

issuing an order specifying the requirements for eliminating violations;
bringing the employer to administrative liability;
suspension of the enterprise until it is fully inspected and all problems are eliminated;
removal from work of personnel or employer;
criminal liability of the employer if all the requirements of the labor inspectorate have not been met.

How to file a complaint with the labor inspectorate: procedure for completing the process

In order to protect your labor rights, you have the opportunity to file a complaint with the labor inspectorate. There are several stages in the process of filing a complaint with the labor inspectorate against an employer. Now let's look at them in more detail:

1. The first stage is drawing up a complaint.

The complaint shall indicate the name of the organization to which it is being filed. The applicant’s name, surname and residential address, in addition, it is possible to indicate an email address to receive a response to the complaint.

What follows is an explanation of the reasons for writing the complaint and a description of the violations. In addition, you should indicate the name of the organization that is being described, its address, first and last name of the employer, and, if possible, telephone number.

At the end of the complaint, you must sign it and indicate the date it was written. Please note that if you decide to write an anonymous complaint to the labor inspectorate, without indicating your contact information, then you will not be given a written response to it.

2. The second stage is filing a complaint with the labor inspectorate.

There are two options for performing this process. Submitting a complaint in person at the labor inspectorate and sending all documents by mail, exclusively in the form of a registered letter.

If you chose the first option, please note that the employee who accepted the complaint must certify this fact with your signature and the date of receipt of the complaint. In the second case, the applicant will receive a response about delivery of the registered number with the date of delivery. If necessary, arguments and documentation confirming the above-described complaints are also submitted with the letter.

The third option for submitting a complaint is Email. In order to find out her address, you should find the contacts of the regional representative office of the labor inspectorate. All necessary documents are attached to the letter electronically.

Another option is electronic service, called the online inspection of the Russian Federation. Complaints are also forwarded to the labor inspectorate through it.

Please note that no government contributions are required during the process of filing a complaint with the inspectorate.

Important: The employee has the right to confidentiality of the inspection by the inspectorate. That is, during an inspection, the inspectorate will not tell management the name of the employee who wrote the complaint.

3. The third stage is to receive a response to the complaint written to the labor inspectorate.

After submitting a written application or complaint to the labor inspection authorities, the procedure for registering this complaint follows. This is done within three days from the moment the complaint is received. An application submitted directly to the inspectorate is registered immediately.

The time for consideration of a complaint submitted to the inspection is no more than thirty days from the date of its registration. If during this time the complaint could not be considered or the problem was not resolved, then the period is extended for another thirty days, but no more.

Recommendations for submitting a sample complaint to the labor inspectorate

If the written appeal contains questions that are not related to the labor inspectorate or are not within its competence, then the complaint is forwarded to a certain authority that can resolve it. The time for filing a complaint is seven days, no more. The employee who contacted the labor inspectorate will be notified that the complaint has been forwarded. After filing and registering a complaint, its consideration begins. In the process of carrying out these actions, special labor inspectorate employees inspect the enterprise, eliminating violations of labor regulations or legal non-compliance.

In relation to the inspection, after its completion, a document is drawn up in the form of an act that confirms or refutes the complaint. If violations are identified, the employer is forced to eliminate them.

A written report on the inspection is sent to the employee who filed the complaint. The letter also indicates facts of violation of legal discipline, if they were identified. In addition, the measures taken against the employer are also reported in the letter. Next, an explanation is made of the actions that the employee must take in order to restore his violated rights.

If the result of the inspection does not satisfy the employee, then he has the right to contact the territorial inspectorate, namely, its head. In case of refusal to accept the application, or in case of failure to resolve the issue in this proceeding, the employee has the right to go to court.

Labor inspection - complaint about non-payment of wages

If wages are not paid to an employee on time or are delayed for a certain period, then he has the opportunity to contact the labor inspectorate with a complaint, starting from the first day of the delay in wages.

A special sample of such a statement is not fixed, therefore, when writing it, the free form. For such an application to be considered in as soon as possible, the generally accepted scheme should be followed.

1. Introductory introduction.

Depending on which form was chosen to be written to the inspection - an application or a complaint, it indicates all the necessary information for checking the employer, such as:

full name of the enterprise;
legal and actual address of the company;
address of the director or boss;
his initials and surname, phone number, email, if available.

Please note that labor inspectorates have the right not to consider complaints that do not indicate the name of the addressee. Anonymous applications will not be considered. There are cases when a whole team writes complaints, in which case, at the end, all its employees are listed and signed.

2. The main part is descriptive.

This part of the complaint is the most important, as it describes in detail the essence of the problem. Before starting your story about the complaint, provide the inspection with the following facts:

the date on which you were hired and, if applicable, the date of termination;
the position of the person against whom the complaint is being written;
when was the last salary payment made?
the day on which wages are usually paid is established by the employment contract;
the method by which wages are received for bank card or cash;
how many days have passed since you were supposed to be credited? wages;
the amount of unpaid money;
employer's refusal to pay money in writing (optional).

3. Conclusion.

This part contains the requirements presented by the author immediately before the labor inspection.

Examples of requirements may include:

issuing a special act under which the employer is obliged to pay the employee or employees the missing amount of money or wages for a certain period of time;
bringing the employer to a fine for late payment;
bringing to administrative or criminal liability in case of refusal to pay wages.

The Labor Inspectorate welcomes messages on laws or labor Code and certain of his articles.

4. Applications are welcome.

In addition, documents in the form of:

copies of the employment contract;
if available, a copy of the order stating that the employee was dismissed;
photocopies of passport and work book.

The final part of the complaint contains a list of documents that are attached to it. Please note that the complaint is invalid without the signatures of the sender or senders if a collective complaint is written.

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The Labor Inspectorate is one of the government inspectorates that checks compliance with workers' rights. Her range of responsibilities is wide. However, it can be described very briefly - it eliminates violations of employee rights and monitors their subsequent compliance.

Thus, the labor inspectorate can be called a kind of “protector” from unscrupulous employers. It eliminates most violations without involving the prosecutor's office or court.

Carries out two types of inspections: scheduled and unscheduled.

Scheduled inspections by the labor inspectorate:

Scheduled inspections are mostly 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 for a year in advance - it can be found on the websites of the Prosecutor General’s Office or the labor inspectorate itself. They also begin only if a certain number of complaints are collected to the inspectorate against a certain employer.

Unscheduled checks:

They are carried out only upon contacting 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 eliminating violations identified by the previous inspection;
Complaints to the labor inspectorate regarding violation of working conditions;
Complaints to the labor inspectorate about;
Special order from the head of the Inspectorate.

Thus unscheduled inspection can be called by the most ordinary employee who wrote. But you shouldn’t think that with the first complaint against an employer, an inspectorate will immediately go to him for an inspection. First of all, we will consider:

and contracts;
Account books;
Internal rules of the organization;
Schedules (vacations, days off, overtime, etc.);
Orders relating to 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 an inspection be expected at the enterprise itself.

The State Inspectorate is authorized to:

Require the employer to comply with working conditions standards
Eliminate employees who lack skills or education
and hold them accountable.
Check the circumstances
Temporarily stop the work of institutions.
Initiate legal proceedings in cases of serious violations of the law.

The employee makes a complaint in the form of an application. It has a strict form and necessarily includes the following:

In the title:

Name of the inspection body: full name, address;
Full name of the person filing the complaint, address;
Contact information to respond to a complaint.

In the information part:

The time that the employee worked in the organization, the date of hire;
Reason for complaint: what exactly are your rights being violated;
Your actions taken to restore your labor rights;
Requirements;
Justification of requirements.

Final part:

List of additional attached documents;
Date of filing the complaint;
Signature.

What should be a correctly written complaint against an employer?

Accurate. All facts, dates and circumstances must be described without error. All documents serving as evidence must be complete and reliable. Before filing a complaint against the employer with the labor inspectorate, do not be lazy to check it and the accompanying papers for any inaccuracies;
Brief. Don't go into detailed description everything that preceded the violation or occurred 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;
Full. Be sure to include everything that is required. If there are no facts, the complaint will not be accepted for consideration. Also, do not forget to indicate all data, including your own.

Is it possible to file an anonymous complaint?

An anonymous complaint will not be considered in the normal course. The fact is that, according to the laws of the Russian Federation, an application to the labor inspectorate must necessarily contain information about the person filing the complaint. In the case of an anonymous complaint, the application will be considered incomplete and will not be reviewed. However, a complaint can be filed online. Another form of 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 effective.

How to complain to the labor inspectorate online

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

Consideration of a complaint is not a quick process. Only its initial consideration may take a month, but no more;
Your complaint may not be considered. Most often this is due to the employee’s desire to write an anonymous complaint. Labor control inspectorates do not consider anonymous complaints;
The labor inspectorate is not the most effective authority in resolving conflicts with employers. You can also contact the prosecutor's office or court;
Before filing a complaint, first contact your supervisor with your complaint. Sometimes mentioning a complaint to the inspectorate is enough to resolve minor disputes;
You can always demand from the inspectorate a justification for its decision.

Where to go if a complaint to the labor safety inspectorate does not help?

. It is designed to protect any rights of citizens of the Russian Federation, including labor rights. Appealing to the prosecutor's office is very similar to a complaint to the inspectorate: you need to write a statement of complaint in the same order, indicate the circumstances of the case in it, explain the requirements and justify them, and provide evidence in the attached documents. At the same time, a complaint to the prosecutor’s office will be much more effective if, when your rights were violated, the laws of the Russian Federation were also violated.
. It is quite possible to sue the employer. In this case, authorized judicial representatives will be involved in reviewing the circumstances of the case and checking compliance with labor standards. To do this, you need to file a claim in the usual manner. This process is most effective when illegal dismissal. The only negative is that cases take quite a long time to be processed.

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