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Where to go for labor disputes How to write a complaint to the labor inspectorate against an employer

The most common reason for contacting the State Labor Inspectorate is questions about wages and dismissal. But the employee in the process of performing his duties also has other problems: a stuffy room, uncomfortable working conditions, problems with documents, working hours, a boorish boss, and many others. These are also violations. 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 agency will check the violations and, if everything is confirmed, will take measures to protect your rights.

Salary

Dismissal

Working conditions and comfort in the workplace

Work without official registration

Employer's responsibility

Employee Responsibility

Working hours and rest time

Occupational Safety and Health

The Labor Inspectorate is obliged to conduct an inspection on the complaint of any person. He does not have to be an employee of the enterprise / organization. The Labor Inspectorate will also check the application of the applicant, who believes that he was unlawfully denied employment.

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 transfer the information to the tax office, and that will charge tax on the previously received salary in an envelope.

State Labor Inspectorate:

- accepts and considers letters, applications, complaints, as well as other appeals of citizens indicating violations of their labor rights;

- takes the necessary measures to eliminate violations, as well as to 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 legal address organizations/enterprises. If the plant is located in Saratov, but registered in Makhachkala, then you will have to complain to Dagestan.

Addresses of territorial bodies 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 contact method.

You can file a complaint:

Personally;

by registered mail;

By e-mail (to the address indicated on the website of the territorial authority);

Through the information and consulting 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 30 days.

Can I complain anonymously?

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

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

You still have to indicate your data in the application - anonymous complaints remain without consideration for quite legal grounds. But no one in the team will know who complained to the labor inspectorate.

“I work as an accountant. Everything suits, except for office equipment: computers are nearby, closeness, noise, air conditioners do not work. I complained to the labor inspectorate, said that I did not want to disclose my name to the authorities. As a result, the inspection carried out an inspection and issued an order to the employer to eliminate the violations. So I still work, there were no problems with the authorities. But after the check, we were given a separate room for accounting and installed air conditioners.

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 are six months left until retirement, and then they decided to “turn me out”, replacing me with a protégé. They began to put pressure on me to quit, they insulted me in front of the team. I contacted the inspectorate. Colleagues confirmed the fact of pressure. In the end, I kept my job."

3. We write an appeal.

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

What must be included in the application:

full name of the organization;
position of the applicant;
the actual address of the enterprise/organization;
surname, name and patronymic of the head;
if known, indicate the telephone numbers of the administration (reception of the head, head of the personnel department, etc.);
essence of the complaint;
what the labor inspectorate should 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 transcripts of the names on a separate sheet and attach to the complaint.

Alexey from Chelyabinsk worked in a Moscow firm on a rotational basis. V Last year money was delayed. As a result, work orders dried up, and the company owed the man almost 200 thousand rubles. Offended and 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 the number of the incoming document and the date of acceptance on it.

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 notice. When the notice is returned, it will be dated and signed by the person who received the letter. The "countdown" of time for verification will start from this date.

Click Report a Problem. Choose the topic and the result you want to get: checking the enterprise, bringing the guilty to justice or consulting on solving the problem.

After submitting the form, a notification will be sent to the mail that the complaint has been accepted for consideration.

Everything. A complaint filed via the Internet must be considered as a regular paper one within 30 days.

A complaint may be dismissed for the following reasons:

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

Should know!

If you do not agree with the conclusions of the labor inspectorate 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.

Before contacting the labor inspectorate, write to the head of the claim with a request to solve the problem within a reasonable time.

Do not write a letter of resignation own will". Even if the director really asks. Succumb to persuasion - management with a clear conscience will deprive you of part of the mandatory compensation during the reduction. No one can fire you without good reasons provided for by labor legislation.

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

If the enterprise has problems and the management does not pay salaries, do not agree to dismissal of your own free will under any pretext!

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

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

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

You will find a sample application for sending by mail in the instructions of the Just Russia Center for the Protection of Citizens' Rights - " Complain to the labor inspectorate". It will need to be downloaded.

The material was prepared as part of the Program to improve the level of legal literacy and protect the rights of citizens of the Russian Federation in the areas of labor and social protection in 2017.

Labor legislation gave employees not only duties, but also rights. Observance of these rights largely depends on the behavior of the employer. If there are violations of labor laws by the employer, the employee must apply to the competent authorities to restore their rights.

What is a violation

The following can be recognized as a violation of the rights of an employee:

A responsibility

There are several types of liability for violation of labor law: disciplinary, administrative, civil and criminal.

abuse by the employer of official authority, for example, forcing an employee to perform work that is not characteristic of his position, or working overtime;
material discrimination of an employee (groundless imposition of fines, work for probationary period without payment, etc.);
dismissal without reason;
untimely remuneration (learn about the rights of an employee in case of delayed payment of wages);
failure to provide social guarantees(denial of vacation, sick leave, etc.).

This list is not exhaustive; employers may also commit other violations of labor laws in relation to an employee.

What should an employee do in case of violation of his labor rights

Initially, you should try to resolve the issue directly with the employer. To do this, the employee can state his requirements or convey information about the violation of his labor rights to the head of the organization in which he works. This can be done by writing an appeal or a memorandum addressed to the employer, or seek help from the trade union organization.

The complaint to the employer must include:

Name and position of the addressee;
information about the sender, including contact information;
a description of the situation in which, according to the employee, his labor rights were violated;
a request for the elimination of violations;
date and signature.

Violation of labor law: where to contact

If the issue cannot be resolved in the above way, the employee may seek protection in the following bodies.

Contacting the Labor Inspectorate

Citizens have several ways to file an appeal with the labor inspectorate:

personal submission to the reception labor inspectorate;
sending a complaint by mail;
filling out a special electronic form on the department's official website.

Labor Inspectorate. Employees of the inspection have the right to come to the organization to verify the arguments set forth in the complaint of the employee. The competence of the labor inspectorate, in particular, includes issues of compliance with labor protection rules, maintaining personnel office work and other contentious issues between the employee and the employer, with the exception of the payment of wages.
Prosecutor's office. Prosecutors have much broader powers than the labor inspectorate and can initiate not only administrative, but also criminal proceedings against an employer who violates labor laws. An employee can independently choose where to apply in case of violation of labor legislation, but the prosecutor's office, at its discretion, can send his complaint for consideration to the labor inspectorate.
Police. It is permissible to contact the police if there are signs of a crime in the actions of the employer, for example, he fraudulently took possession salary employees, etc.
Court. A statement of claim may be filed with the court before applying to other bodies. In addition, there are situations, the resolution of which is in the exclusive competence of the court, for example, reinstatement at work. Employees who apply for the restoration of their violated labor rights are, as a rule, exempt from paying the state fee.

Find out where to contact in case of violation of labor laws in the following video

Complaint about violation of labor law by the employer

The law does not contain a strict form for drawing up such complaints, but certain information must be indicated in it:

The name of the authority to which the complaint is directed;
Information about the complainant: full name, address, contact phone number;
Full name of the employer's organization where the violations occurred;
Address of the organization, full name of the head and, if possible, TIN;
The essence of the appeal: detailed description violations indicating evidence supporting the applicant's words;
Information about the consideration of a controversial issue within the organization;
If a complaint is filed with law enforcement agencies, it is desirable to indicate the signs of what offense or crime are there in the actions of the employer;
Date of writing the appeal;
Signature.

Documents are attached to the complaint, indicating the presence of violations of labor legislation.

Note: a complaint filed by a group of employees of one enterprise (collective complaint) is more effective in terms of its consideration than an individual one. Collective complaints often lead to positive results.

It should be remembered that anonymous complaints may not be considered by state authorities. If the employee does not want his name to appear when checking for violations of labor laws by the employer, he can state this request in his complaint. When checking by the labor inspectorate, as a rule, it is possible to maintain the anonymity of the employee, but if it is filed either with the police, it is unlikely that it will be possible to keep your appeal secret.

Ask your question and get free legal advice

How does the state labor inspectorate help achieve justice? How to apply to this body with a complaint, what rules should be followed when writing a document? We will discuss in detail below.

Violation of the rights of workers, refusal to provide payments and holidays guaranteed by law are not uncommon in our country. The task of such an executive body as the federal labor inspectorate (IT) is to control and supervise such situations, without going beyond the scope of labor legislation.

IT is subordinate to Rostrud - authorized federal body. At the same time, on-site control is carried out state inspection territorial significance.

The Labor Inspectorate of the Russian Federation has the following powers:

Conducting an audit and registering its results in an act;
Issuance of a written order with the establishment of deadlines for the elimination of violations;
Drawing up a protocol on administrative offense in case of non-performance;
Preparation of documentation to bring the perpetrators to justice.

In what cases and how to file a complaint with the labor inspectorate

An appeal can be filed in case of any violation of the rights of working citizens of the Russian Federation, including unresolved disputes in which there were issues of paying salaries and benefits guaranteed by law. You can also file a complaint online without finding a consensus with the employer regarding the work and rest schedule, vacations, work hours and breaks, as well as other disputes.

According to regulations current legislation, there is no sample complaint to the labor inspectorate, so the complaint is written in free form.

The information provided must be concise, accurate and reliable. Double-check all the data, reflecting the objective state of affairs, and not the citizen's personal attitude to the situation. A concise and concise text should include facts that will form an adequate assessment of what happened.
Follow the rules of the Russian language. Of course, if an error is made, the appeal will be considered, however, such correspondence is impossible without a competent and structured presentation of the text;
Please provide your name and contact information. Anonymous complaints are not considered, and contact information is required for further communication and sending a response.

Application to the labor inspectorate - sample

State Labor Inspectorate

Moscow, st. Vatutina, 15

from Voloshchuk Andrey Igorevich

Moscow, st. Zhukova, d.22, apt.16

contact phone: 25-14-17

From 2009 to the present day, I, Andrey Igorevich Voloshchuk, have been working as a builder at Bystro Dom LLC, which is located at the address: Moscow, Metallurgov Street, 17. From May 2012 to the present, I have been denied annual paid leave, arguing it is the absence of a person to replace. I applied for leave several times, but the personnel officer refused to accept it.

When I received another refusal on July 12, 2015, I filed a complaint to CEO Society Gusakovsky Nikolai Grigorievich. The assistant in the director's office accepted the application, but did not agree to record this fact on my copy. I have not received a response to my appeal.

I decided to speak with the director of the enterprise in person and made an appointment on August 14, 2015. During the conversation Gusakovsky N.G. directly indicated that they would not give me a vacation, and if I wanted to argue, I could quit.

In connection with the above

take control of this fact and punish those responsible;

exercise my right to paid leave.

How to file a complaint against an employer with the labor inspectorate

There are three ways to write an appeal:

personally;
with the help of the Russian Post;
through the official website of GIT.

Let's consider each method in detail.

The first case is clear. Having stated the essence of the complaint on paper (remember that the appeals are made in duplicate), deliver it to the inspection (on your copy, put the date of filing, as well as the signature and full name of the person who received it) and wait for an answer. In addition to the postal address, please also provide a phone number to contact you if you need clarification or additional questions.

Sending a claim by Russian Post is similar to the personal delivery of a complaint. Write an appeal, go to the post office and send one copy by registered mail with notification, and keep the second one. The returned document is proof of receipt of the sent letter, which bears the signature of the person who received it. In addition, by retaining the shipping receipt, you will confirm this fact before returning the notice.

Application to IT sample

The easiest way to complain about a dishonest employer is through the Internet. To do this, go to the official website Onlineinspektsiya.rf. Select the "Online Reception" tab and the topic of the complaint (from the drop-down list that contains the most common problems). If you can't find the topic of the appeal, click on the tab with "Other questions". By clicking on the link, select the "Submit application" function.

To file a claim, you will have to complete a questionnaire and provide contact information. After entering personal data, you will need information about the employer - TIN, PSRN, name and position of the head and yours.

Only after this procedure it will be possible to proceed directly to the presentation of the essence of the problem. To confirm the situation, attach files to the letter (scanned copies of the employment contract, statements, orders).

When sending a complaint in any way, do not expect a lightning-fast response. the federal law"On the procedure for considering applications from citizens of the Russian Federation" assumes a period of up to 30 calendar days from the date of receipt by the authority.

What does the labor inspectorate check on a complaint

IT has the right to request documentation that regulates the relationship between the employee and the employer.

The enterprise must conduct such local regulations, how staffing, internal labor regulations, vacation schedule, regulations on employees (and the obligation not to disclose them), regulations on wages. They will be reviewed by an inspector. Check the facts that the employee performs official duties, having previously signed an employment contract, and orders regarding personnel record all movement of personnel.

The first and most important point of focusing the attention of the inspector will be the fact that employment contracts and compliance with the rules for maintaining and storing seniority records approved by law. They will also check the time sheet to look for discrepancies in it and payments to the employee. For example, for night shifts or overtime work. The IT inspector will not pass by information about the work of certain categories of citizens (disabled people, minors, pregnant women), who are subject to the rule on limiting working hours.