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

In labor practice, situations often arise when it is necessary to actively influence the illegal actions (inactions) of the employer and seek help from the labor inspectorate or other government structure. At the same time, the employee often does not want to advertise his personal data, fearing a deterioration in relations with his superiors and other unpleasant consequences.

Many people wonder whether it is possible to submit an anonymous application to the labor inspectorate? Perhaps, but with serious reservations. In this article we will look at the rules for drawing up a complaint against an employer and sending it and talk about the problem of anonymity.

Basic rules for filing a complaint to the inspectorate

A complaint against an employer does not have a strictly fixed form. When compiling it, general rules apply business correspondence. You can view a sample application to the labor inspectorate using the link at the end of the article.

Complaints to the inspectorate consist of several mandatory parts:

1. Statement header. Compiled in the upper right corner of the sheet. It indicates the territorial labor inspection body to which the document will be sent, the applicant’s personal data (full name, position held and full name of the organization where he works or worked), and permanent residence address. Contact information in the form of telephone or Email are indicated at will, but will not be superfluous;
2. The main part of the complaint. It describes the current situation in detail, indicating the time during which the applicant has been working in the organization, his position and work unit. It describes in as much detail as possible when and how labor rights were violated. It is advisable to make links to articles throughout the story. Labor Code and other laws that have been violated and on the basis of which the employer bears administrative liability;
3. At the end of the main text part it is done block with requests , which may include a request to conduct a full inspection of the organization and eliminate identified violations of labor legislation, as well as a request to force the employer to fulfill his duties on the basis employment contract or bring to administrative responsibility a circle of perpetrators;
4. Block with applications. The application must be accompanied by a copy of the applicant’s passport and a copy of the employment contract, as well as other documents that are related to the situation under consideration. These can be copies of orders, accounting documents, reports, payroll statements, etc. Written testimony of witnesses (other employees of the organization) will also be useful;
5. Block with date, signature and its explanation (full name) .

The described form of complaint to the inspectorate is also suitable for filing a claim with the judicial authorities or the prosecutor's office if the labor inspectorate cannot help resolve the situation. But in the event of a trial, there is no need to talk about anonymity at all, since both parties will be required to be present in person at the meeting.

The complaint to the inspectorate is drawn up in 2 copies, one of which with the registration number, date of receipt and signature of the receiving official (with its transcript and indication of position) remains in the hands of the employee. Time limit for consideration of a complaint – 30 days, and in case illegal dismissal – 10 days.

Methods for filing a complaint

There are several ways to submit a complaint against an employer to the labor inspectorate:

• Take it to the local labor inspectorate in person;
• Send via Russian Post by registered mail with notice . The notification will serve as proof of delivery of the letter, and until it is received, you should keep the receipt of the letter with you;
• Submit your application via the website Onlineinspektsiya.rf. Now this method is the most efficient and convenient, but it requires mandatory registration on the State Services portal. It is from this site that information about the applicant will be taken, which can be supplemented detailed description problematic situation and files in the form of photographs or scanned copies of documents proving the violation. The inspection’s response to an application submitted via the Internet will be sent to the applicant’s email or real mail, at his choice.

How to anonymously send an application to an employer?

Government bodies, including the labor inspectorate, do not accept anonymous complaints and applications (documents that completely or partially lack the applicant’s personal data). In this case, there is no one to send notification of the inspection; there is no party in whose interests the inspection should act.

But there is a small nuance - the employee has the right to ask in the application for non-disclosure of his name and other personal data. This can be done using the phrase “Please do not disclose information about me as an applicant.”

In this case, the complaint will be anonymous only for the employer, but not for Rostrud employees. Inspectors have the right not to inform the employer about who exactly reported a violation of labor laws. A request for privacy is not an anonymous complaint, but it is the only way to protect yourself from retaliatory action from your employer.

Is there any liability for disclosing information about the applicant?

Formally, the labor inspector is responsible for the disclosure of information about the applicant on the basis of Article 6, Part 2 of Federal Law No. 59 of May 2, 2006:

When considering an appeal, disclosure of information contained in the appeal, as well as information relating to privacy citizen, without his consent. Sending a written appeal to a state body, local government body or official whose competence includes resolving the issues raised in the appeal does not constitute disclosure of information contained in the appeal.

However, there is no talk of real responsibility (administrative and especially criminal), so no one government worker will not provide a complete guarantee of keeping the applicant’s personal data confidential. It is also difficult to keep them secret because the law prohibits the inspector from demanding that the employer provide information and documents that do not directly relate to the complaint under consideration. Therefore, in case of violation labor rights It will be quite difficult for an employee to leave him in the shadows.

Possibility of compiling anonymous complaint when applying to the labor inspectorate is not provided for by law. Maintaining anonymity greatly depends on the specific situation and the identity of the labor inspector.

The State Labor Inspectorate in Moscow protects the rights of working citizens, which are enshrined in the Labor Code of the Russian Federation, but employers do not always strive to comply with them. In the event of labor disputes or gross infringement of the legal rights of workers, it is necessary to contact the Moscow State Labor Inspectorate. This body acts as a guarantor of compliance with labor law and is represented in each subject Russian Federation.

Every employee who believes that the employer is violating his labor rights has the right to contact the labor inspectorate with a complaint.
Labour Inspectorate:

• Receives and considers written requests from citizens regarding violations of their labor rights
• Takes measures against employers to eliminate these violations

That is, you can contact the labor inspectorate if the employer:

• Illegally fired an employee
• Did not pay him wages or other compensation provided for by labor legislation
• Violates the schedule of working hours and rest time
• Violates the employee’s right to annual basic or additional leave
• Violates other labor rights of workers provided for by current labor legislation

To the labor inspectorate, according to Art. 360 of the Labor Code of the Russian Federation, not only an employee who is officially employed, but also any other citizen who believes that the employer illegally refused him employment can apply. The State Labor Inspectorate of Moscow has exactly the same functions.

This organization can be contacted by workers who are employed by employers registered in Moscow and the Moscow region.
Reception of citizens at the labor inspectorate in Moscow is carried out via electronic and “live” queue. Reception is carried out at different addresses.

Specialists at the labor inspectorate in Moscow provide consultations to citizens via Skype, and also give oral explanations over the phone. There is a hotline for this.

Complaint to the Moscow labor inspectorate

There are several ways to file a complaint with the Moscow Labor Inspectorate:

• Personally
• Send by mail

When a citizen applies in person, there are no problems with submitting an application. He must bring the complaint in 2 copies to the inspectorate. One copy of the complaint will be registered as an incoming document - it will be assigned a number. The secretary will put this number, as well as the date the complaint was accepted, on a copy that will remain with the applicant.
Within 30 days from the date of receipt of the application, the applicant must receive a response.

When sending an application by mail, it is necessary to issue the letter as a registered letter with a notification and a description of the contents. When the notice is returned to the applicant, it will indicate the date of acceptance of the letter. From this date, the “countdown” of 30 days begins.

When filing a complaint, the employee must indicate:

• Your data
• Mine email address and phone
• Employer details
• His actual and legal address
• Type of organization – budgetary or extra-budgetary
• Your position
• Information about the manager

Then you need to describe your problem. This needs to be done competently, from the point of view of the Russian language and the style of address. No offensive language or jargon may be used. The complaint must be brief and meaningful, all facts must be reliable and verified.
The applicant can attach documents to the complaint in the form of attached files of various formats.

Then indicate your requirements, which you just need to tick. After this, the complaint can be sent.

Official address of the Moscow labor inspectorate

The official address of the labor inspection in Moscow is st. Domodedovskaya, 24, building 3. You can get to the inspection as follows - from the Domodedovskaya metro station take buses No. 148, 694, 766, 274 or minibus No. 564m, 635m.

Reception of citizens on issues related to labor rights, on a “live” basis, is carried out at the address: st. Verkhniye Polye, 11, bldg. 1 page 1 ( left-hand side two-story commercial building), a sign at the entrance “Basic labor protection center of the Southern Military District of Moscow”; from Art. Bratislavskaya metro station, then minibus No. 520 m, 517 m, 526 m, 5 stops to Krasnodonskaya street, 500 meters on foot.
Reception hours - Monday, Tuesday from 10-00 to 17-00 (lunch 13.00-14.00); Thursday from 09-00 to 13-00; Friday from 10-00 to 15-45.

The applicant was hired as a sales consultant in the organization. The applicant was dismissed due to at will. However, to date, the applicant has not been paid wages and has not been issued a work book. The applicant requests that this complaint be considered on its merits. Restore the violated rights of the applicant and bring the perpetrators to appropriate responsibility.

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

____________________________
address: ______________________

COMPLAINT
___________ year I, ___________, was hired as a sales consultant in the spare parts department of LLC "________", which was recorded in work book, and is confirmed by an employment contract dated _________, with an official salary in the amount of _________ rubles.
After concluding an employment contract, your job responsibilities I did it in good faith. During the entire period of carrying out his labor duties, there were no comments on the work or disciplinary sanctions. Nevertheless, my rights were violated by the employer.
So, by order dated ________, I was dismissed at my own request. However, until now I have not been paid my wages and have not been given a work book.
In accordance with Article 140 of the Labor Code of the Russian Federation, upon termination of an employment contract, payment of all amounts due to the employee from the employer is made on the day the employee is dismissed. If the employee did not work on the day of dismissal, then the corresponding amounts must be paid no later than the next day after the dismissed employee submits a request for payment.
In accordance with Art. 140 of the Labor Code of the Russian Federation, on the day of dismissal, your company must pay all amounts that are due to me from the employer, including arrears of wages.
To date, wage arrears for ___________ years amount to __________ rubles.
Repeated requests for payment of debts during my work from the employer receive responses in rude form, which can be considered as an unjustified refusal to pay my dues. Money.
I believe that the actions of LLC “________” are aimed at violating my rights guaranteed by Art. 21 of the Labor Code of the Russian Federation, and for failure to fulfill those imposed on you by law, Art. 22 of the Labor Code of the Russian Federation, duties.

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

1. Consider this complaint on its merits.
2. Conduct an inspection of LLC “__________” based on the facts I indicated (legal address: ___________________________________; actual address: _________________________________ CEO- ___________), restore my violated rights and bring the perpetrators to appropriate responsibility.
3. Respond to this complaint as soon as possible.

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

" " ________________G. ___________/___________/

The applicant was hired on the basis of an employment contract. During his tenure, he conscientiously performed his job duties and promptly completed the tasks assigned to him by management. The employer groundlessly suspended the applicant from work, citing the fact that the applicant was in drunk. At the same time, the employer constantly creates obstacles for the applicant in carrying out work activities. By its actions, the employer forces the applicant to resign. The applicant does not agree with the employer’s actions and considers them illegal and unfounded. The applicant requests that the complaint be considered on the merits of the problem that has arisen. Conduct an audit of the organization's activities.

To the State Labor Inspectorate for the city __________
________________________________________

gr. ____________________________, residing in
address: __________________________________________

I, ___________________, “___” _____________ ________, was hired at LLC “_______________” on the basis of employment contract No. ______.
My position is _____________________ from wages ____________ rubles.
During my work, I conscientiously fulfilled my job duties and completed the tasks assigned to me by management in a timely manner.
I properly performed the work assigned by my employer, for which I regularly received wages in the amount established by the employment contract.
“___” ________________ 2011, the employer groundlessly suspended me from work, citing the fact that I was drunk. I objected and demanded a medical examination to determine my state of intoxication, but the employer refused. At the same time, the employer constantly creates obstacles for me in carrying out my work activities. By his actions, the employer is forcing me to quit. I have no desire to terminate the employment relationship. However, the employer threatens to fire me for violating labor discipline (although there were no grounds for this; during the entire period of work, the employer did not make any comments towards me).
I do not agree with the employer’s actions; I consider them illegal and unfounded for the reasons stated below.

In accordance with Article 2 of the Labor Code of the Russian Federation, one of the basic principles legal regulation labor relations is the obligation of the parties to the employment contract to comply with the terms of the concluded contract, including the right of the employer to require employees to perform their labor duties and careful attitude to the employer's property and the right of employees to demand from the employer compliance with its obligations towards employees, labor legislation and other acts containing labor law norms.

In accordance with Article 3 of the Labor Code of the Russian Federation, discrimination in the sphere of labor is prohibited.
In accordance with Art. 21 of the Labor Code of the Russian Federation, an employee has the right to conclude, amend and terminate an employment contract in the manner and under the conditions established by the Labor Code of the Russian Federation and other federal laws.
In accordance with Art. 22 of the Labor Code of the Russian Federation, the employer has the right to conclude, amend and terminate employment contracts with employees in the manner and under the conditions established by the Labor Code of the Russian Federation and other federal laws; the employer is obliged to comply with labor legislation and other regulatory legal acts containing labor law norms, local regulations, the terms of the collective agreement, agreements and employment contracts.

According to Art. 1 of the Labor Code of the Russian Federation, the goals of labor legislation are the establishment of state guarantees of labor rights and freedoms of citizens, the creation favorable conditions labor, protection of the rights and interests of workers and employers.
The main objectives of labor legislation are to create the necessary legal conditions to achieve optimal coordination of the interests of the parties to labor relations and the interests of the state.

From paragraph 22 of the Plenum Resolution Supreme Court RF dated 03/17/2004 N 2 (as amended on 09/28/2010) “On the application by the courts of the Russian Federation of the Labor Code of the Russian Federation” termination of an employment contract at the initiative of an employee is permissible in the case where filing a letter of resignation was his voluntary expression of will.

In the situation under consideration, I do not want to stop working in _________________. My employer is forcing me to resign, which is against the law.

Based on Art. 11 of the Labor Code of the Russian Federation, all employers (individuals and legal entities, regardless of their organizational and legal forms and forms of ownership) in labor relations and other directly related relations with employees are required to be guided by the provisions of labor legislation and other acts containing labor law norms.

According to Art. 3 of the Labor Code of the Russian Federation, everyone has equal opportunities to exercise their labor rights. No one can be limited in labor rights and freedoms.

The employer's actions caused me moral harm. My moral suffering expressed in what I experienced nervous stress, a feeling of resentment due to the unfair actions of the employer towards me, as well as anxiety and fear for my future, and was also forced to spend my time and money defending my legal rights.
My moral suffering is aggravated by the disrespectful attitude of the management of this organization towards its employees who conscientiously perform their official duties.

In accordance with Art. 362 of the Labor Code of the Russian Federation, managers and other officials of organizations, as well as employers - individuals guilty of violating labor legislation and other regulatory legal acts containing labor law norms, are liable in cases and in the manner established by the Labor Code and other federal laws.
According to Art. 352 of the Labor Code of the Russian Federation, everyone has the right to protect their labor rights and obligations by all means not prohibited by law.
The main ways to protect labor rights and freedoms are:
- self-defense of labor rights by employees;
- protection of labor rights and legitimate interests of workers by trade unions;
- state supervision and control over compliance with labor legislation and other regulatory legal acts containing labor law norms;
- judicial protection.
Among the methods not prohibited by law is the appeal of an employee whose labor rights and freedoms have been violated to the body that carries out state supervision and control over compliance with labor legislation and other regulatory legal acts containing labor law norms.

In accordance with Art. 33 of the Constitution of the Russian Federation, citizens of the Russian Federation have the right to apply personally, as well as send individual and collective appeals to state bodies and local governments.

In accordance with Part 1 of Article 353 of the Labor Code of the Russian Federation, state supervision and control over compliance with labor legislation and other regulatory legal acts containing labor law norms by all employers on the territory of the Russian Federation is carried out by the Federal Labor Inspectorate.
In accordance with Art. 357 of the Labor Code of the Russian Federation, state labor inspectors, when exercising state supervision and control over compliance with labor legislation and other regulatory legal acts containing labor law norms, have the right:
in the manner established by federal laws and other regulatory legal acts of the Russian Federation, to freely visit organizations of all organizational and legal forms and forms of ownership, employers, at any time of the day in the presence of standard certificates for the purpose of conducting an inspection - individuals;
request from employers and their representatives, executive authorities and local governments and receive from them free of charge documents, explanations, information necessary to perform supervisory and control functions;
remove for analysis samples of used or processed materials and substances in the manner established by federal laws and other regulatory legal acts of the Russian Federation, notifying the employer or his representative about this and drawing up a corresponding act;
investigate industrial accidents in accordance with the established procedure;
present to employers and their representatives mandatory orders to eliminate violations of labor legislation and other regulatory legal acts containing labor law norms, to restore the violated rights of employees, to bring those responsible for these violations to disciplinary liability or to remove them from office in the prescribed manner;
submit to the courts, in the presence of conclusions of the state examination of working conditions, demands for the liquidation of organizations or termination of the activities of their structural divisions due to violation of labor protection requirements;
issue orders to remove from work persons who have not undergone training in safe methods and techniques for performing work, instruction in labor safety, on-the-job training, and testing of knowledge of labor safety requirements;
prohibit the use of those that do not have certificates of conformity or that do not comply with state regulatory requirements for labor protection (including requirements technical regulations) personal and collective protective equipment for workers;
draw up protocols and consider cases of administrative offenses within the limits of authority, prepare and send to law enforcement agencies and the court other materials (documents) on bringing the perpetrators to justice in accordance with federal laws and other regulatory legal acts of the Russian Federation;
act as experts in court on claims for violation of labor legislation and other regulatory legal acts containing labor law norms, for compensation for harm caused to the health of workers at work.

In accordance with Art. 2 Federal Law dated 05/02/2006 N 59-FZ "On the procedure for considering appeals from citizens of the Russian Federation" citizens have the right to apply personally, as well as send individual and collective appeals to state bodies, local governments and officials. Citizens exercise the right to appeal freely and voluntarily. The exercise by citizens of the right to appeal must not violate the rights and freedoms of others.
A written appeal received by a state body, local government body or official in accordance with their competence is considered within 30 days from the date of registration of the written appeal.

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

1. Consider my complaint on the merits of the problem that has arisen.
2. Conduct an inspection of the activities of LLC “_________________” (address: _______________________________________________) based on the circumstances I have outlined for violation of my labor rights, take measures to protect and restore my violated rights.
3. Report the results of consideration of this complaint to the above address.

"____" _____________ 2011 __________/_____________/