Last updated March 2019
Violation of Labor Code norms and discrimination in the field of labor law are now, unfortunately, not uncommon for anyone: according to social research data, every fifth Russian has experienced infringement of labor rights to one degree or another. At the same time, the legislation provides that a citizen has the right to report non-compliance with Labor Code in the workplace to the State Labor Inspectorate (SIT). In what cases can you report violations, how to correctly draw up and submit a complaint, what liability is provided for the employer - this is discussed in our article.
Who and in what cases can file a claim with the labor inspectorate?
In the current economic situation, it is difficult to find a person who has not at least once encountered or experienced labor discrimination. The question arises: what can an ordinary employee do in a situation where an employer violates his labor rights? According to the law, in this situation, every citizen has the right to report violations to the State Tax Inspectorate by filing a complaint. You can contact the Inspectorate if you have witnessed abuse by an employer, or if you personally experience discrimination.
Let's look at examples of illegal actions of the employer, having recorded which, you can contact the State Tax Inspectorate:
- By hiring you, the employer violated the registration procedure.
- if the employment contract does not contain information about the amount of salary, incentive payments and the conditions for receiving them, then you can safely contact the State Labor Inspectorate, as this is a violation of the Labor Code;
- If you are a pregnant woman, then the employer does not have the right to place you on a probationary period;
- When you were hired, you were not familiarized with the internal rules and regulations, after which penalties were applied to you for violating them.
- In the course of your work activity, various types of discrimination were applied to you:
- A gross, but quite common violation is the refusal to grant an employee annual leave;
- Wages are paid untimely and not in full, there are payment arrears;
- You were not paid compensation provided for by the Labor Code (sick leave, vacation pay, etc.). Instead of sick leave, your manager forces you to take vacation “at your own expense”;
- You are forced to work overtime, on weekends and holidays, and are transferred to a workplace whose conditions do not meet Labor Code standards.
- Violations were committed during dismissal:
- You were not notified of the dismissal/downsizing in a timely manner and in accordance with the established procedure;
- upon termination of your employment contract, all payments due were not transferred to you (for example, compensation for unused vacation);
- compensation was paid later than the day of dismissal;
- on your last working day you were not issued a work book.
If you yourself or your colleague are faced with one of the situations described above, then you have every reason to file a claim with the State Tax Inspectorate.
As you can see, you can report violations not only during the period of work, but also after dismissal, if the termination of the employment contract was carried out in violation of the established procedure. If you were illegally denied a job ( for example, the employer forced you to undergo a “probationary period” without payment or registration), then you also have the right to report this to the Inspectorate.
How to file a complaint
The law does not establish the form according to which a claim must be made to the State Tax Inspectorate. You can file a complaint against your employer with the labor inspectorate by writing a free-form letter. At the same time, do not forget about the required details. In order to write a complaint correctly, you need to indicate basic information in the text:
- information about you as an applicant (full name, postal/email address for receiving a response);
- information about the employer (name of organization, address);
- essence of the claim;
- Your signature and date.
As for the description of the offense, when drawing up a statement you should adhere to the rules of business correspondence. The information must be reliable and verified, reflect the objective state of affairs, and not your attitude towards a specific person (boss, colleague). At the same time, the essence of the claim must be presented briefly and accurately, and unnecessary, unimportant details must be avoided. It is better if the statement is drawn up in the form of facts that you describe sequentially in chronological order.
Sample complaint
You can write a complaint to the labor inspectorate according to the sample below:
State Labor Inspectorate
Perm, st. Lenina, 23
from Kurochkin Valery Dmitrievich
Perm, st. Stroiteley, 28, apt. 47
contact phone: 147-15-84
On February 24, 2014, I was hired by JSC Monolit (Perm, Metallurgov St., 17) for the position of senior storekeeper, where I still work today. The employment contract stipulates that I work on a 40-hour work week with days off on Saturday and Sunday.
In March 2016, warehouse manager S.L. Petukhov. informed me orally about the change in schedule and the need to work on a day off (Saturday). These changes were not made to the employment agreement, and I was not paid any additional pay for working on weekends. When talking with Petukhov, I received an answer that the schedule will be officially changed from April 2016, the salary will be increased in proportion to the time worked.
After 3 months (June 2016), an agreement with a new schedule and salary was not provided to me, and therefore I turned to the head of Monolit JSC L.D. Skvortsov, having previously made an appointment. During a personal conversation on July 24, 2016, Skvortsov informed me that a 6-day work week has been introduced for me on a permanent basis, but there will be no changes to the schedule and salary. If I have any objections, I can write a letter of resignation.
In connection with the above
- verify this fact and bring the perpetrators to justice;
- ensure changes are made to the work schedule and salary;
- oblige JSC Monolit to pay me compensation for work on weekends in the period from 01/01/2016 to 08/01/2016.
Filing a claim
After the claim has been drawn up, you can contact the labor inspectorate in a way convenient for you:
Option 1. You can personally visit the State Tax Inspectorate and submit your claim to the responsible specialist. To do this, you must first draw up an application in 2 copies, on one of which the Inspectorate employee must sign and date of receipt. You can attach additional documents to the claim confirming your position (copy of the employment contract, statements, reports, etc.).
Option 2. If for one reason or another you do not want (or do not have the opportunity) to go to the GIT in person, you can use postal services. To do this, you need to send a letter with a notification and a list of attachments (if there are other documents besides the claim). Having received the envelope from you, the Inspectorate employee will check the availability of documents with the inventory and confirm receipt. You will still have a notification stub, which will indicate the date of acceptance of the document and the signature of the responsible person of the State Tax Inspectorate.
Option 3. The electronic option for submitting claims is becoming increasingly popular. How to write a complaint to the labor inspectorate online? This is very easy to do: you need to go to the official website of the labor inspectorate in your region and fill out the electronic form. By filling out an application online, you can:
- select the reason for contacting from a popular list (non-payment of wages, violation of work schedule, discrimination in dismissal/hiring, etc.);
- quickly fill out a questionnaire about yourself and information about your employer thanks to a convenient format;
- inform the State Tax Inspectorate about the necessary, in your opinion, actions that should be taken against the employer (inspection, bringing the perpetrators to justice, administrative penalties, etc.).
Also in the application form you can indicate the method in which it would be convenient for you to receive a response (in the form of an email or postal letter).
The inspection has 30 days to process your application and notify you of the results, it does not matter how the claim was sent. If your claim does not fall within the competence of the Inspectorate, it will be transferred to the competent authority for consideration. This will be done within 7 days after registration, and you will receive a notification that the application has been redirected.
It should be remembered that the Inspectorate has the right not to consider your application if it contains direct threats or insults.
Anonymity
Many people are interested in the question: is it possible to file a complaint with the State Tax Inspectorate anonymously, without indicating the applicant’s personal data? According to the law, the Inspectorate has the right not to consider anonymous complaints. At the same time, when reporting violations by your employer to the State Tax Inspectorate, you can demand that your complaint be kept confidential. To do this, it is necessary to supplement the text of the statement with the appropriate phrase ( for example, “When conducting an inspection, I ask you not to disclose information about me as an applicant to the employer.”) or put a confidentiality mark on the electronic application form.
Collective complaint
You can report violations by your employer by filing a collective complaint. As a rule, such appeals concern labor discrimination in relation to the team as a whole (department, workshop, division, etc.). At the same time, the law does not prohibit collective reporting of violations against one employee. When drawing up an appeal, you must indicate the full name of the representative on whose behalf the claim is being submitted.
Checking the fact of the complaint
If the appeal to the Inspectorate is drawn up correctly and contains reasonable information about violations on the part of the employer, then after the expiration of the 30-day period you will receive a notification that an inspection has been scheduled regarding the complaint.
When conducting an inspection, the inspector has the right to inspect working conditions, interview employees of the enterprise, and request the necessary documents for analysis ( for example, payroll records, if we are talking about delays or non-payment of wages to employees). Upon completion of the inspection, the inspector draws up a report in which he records facts of violation of the Labor Code in relation to the employee or the workforce as a whole. Based on established offenses, the following measures may be applied to the employer:
- an order was issued, which indicates the need to eliminate certain violations within a specified period of time ( for example, pay Petrenko S.L. compensation for unused vacation until 08/01/2016);
- imposition of an administrative fine. The amount of the fine is set individually in accordance with the offense.
If serious offenses are detected, the results of the inspection may be submitted to the court or prosecutor's office to initiate criminal proceedings against the employer. In this case we are talking about gross violations of labor legislation:
- violation of safety rules by the responsible person, which resulted in harm to the life and health of employees of the organization;
- dismissal of a pregnant woman or mother with a child under 3 years of age;
- systematic non-payment of wages (more than 3 months).
Various types of penalties, including fines and criminal liability, can be applied both to the top officials of the organization and to those directly responsible. For example, if an employee stated that he is forced to work in conditions that do not meet safety standards, then not only the manager, but also the labor protection specialist is found guilty in this case.
You will be informed about the results of the inspection and the measures taken against the employer by receiving a corresponding notification. The text of the notice will also contain information regarding your further actions (if it is a case of illegal dismissal, the notice will describe the procedure necessary for reinstatement at work). If the results of the inspection do not satisfy you or you believe that your rights have been violated by the actions or inactions of the GIT inspector, you have the right to defend your interests in court. To do this, you need to draw up a statement of claim, to which you must attach a notice from the State Tax Inspectorate. You can also complain about the inspector directly by sending an appeal to the head of the territorial office of the Inspectorate.
Question answer
Question:
Employee of Element JSC Stepanova S.D. - mother of a 2-year-old child. In March 2016, Stepanova was fired due to the liquidation of Element JSC. Can Stepanova appeal to the State Labor Inspectorate with a claim for violation of labor rights?
No, in this case the actions of the Element management are legal. Since the company is being liquidated, it has the right to dismiss all employees, including pregnant women and mothers whose children are under 3 years old.
Question:
Employee of Status JSC Fedorov N.G. appealed to the State Tax Inspectorate due to non-payment of wages for the last six months. Can Fedorov, without waiting for a response from the Inspectorate, file a lawsuit?
Yes, filing a claim with the State Tax Inspectorate does not deprive Fedorov of the opportunity to protect his rights in another way. However, it is advisable to file a lawsuit after receiving a response to the complaint to the labor inspectorate. On the one hand, the notification and inspection report will be a valid basis for opening legal proceedings. On the other hand, penalties may satisfy Fedorov’s requirements, and subsequent recourse to court will not be required.
Question:
An employee of StroyTekhMontazh LLC wrote a complaint to the State Tax Inspectorate on July 18, 2016. After 30 days, the employee did not receive a response from the Inspectorate. Are the Inspectorate's actions legal in this case?
In some cases, the State Tax Inspectorate has the right to additional time to process the application (plus 30 days). But at the same time, the applicant must be notified that the period for processing the claim is extended. In addition, anonymous requests, as well as statements with direct threats and insults, may be left unanswered.
If you have questions about the topic of the article, please do not hesitate to ask them in the comments. We will definitely answer all your questions within a few days. However, carefully read all the questions and answers to the article; if there is a detailed answer to such a question, then your question will not be published.
Many people in our country have a situation related to the violation of their rights in the field of labor. But not everyone knows that to protect these rights there is a labor inspectorate, whose activities are aimed at accepting complaints from employees and resolving other issues with employers.
Do not forget that they differ from the general limitation periods. If the total period is 3 years, then for labor disputes - 3 months. The period begins to run from the moment the person learned (or should have known) that his rights were violated. So where exactly should you file a complaint against your employer and what documents are required for this?
Grounds
Any citizen of our country has the right to contact the labor inspectorate if his rights as an employee have been violated. The inspectorate's activities are aimed at restoring this right. You can go there for any reason regarding labor relations.
Most often they apply for the following reasons:
- Non-payment or withholding of wages.
- Refusal to exercise the right to leave.
- Violation of working conditions (or their change).
- Issues of compliance with the norms and requirements of labor legislation in the field of labor protection.
- Refusal to pay upon dismissal.
- Refusal on the day of dismissal.
- Issues related to the peculiarities of working time, namely, overtime, etc.
There can be many reasons for applying - all of them are regulated by the Labor Code of the Russian Federation.
Where can this be done?
So where exactly can you apply?
An application must be submitted to the inspectorate of the area in which the violation of the employee’s rights occurred. Each region has its own labor inspectorate. There are 3 main delivery methods:
- Personally. To do this, you need to come with an application and the necessary package of documents to the inspection and hand them over to the reception.
- By registered mail with notification. This method is more convenient, but do not forget that a letter with original documents may be lost during the forwarding process.
- Electronically via the Internet. For this method, you will also need to draw up an application and collect the necessary documentation package. All documents will need to be scanned and sent along with the application.
The procedure for filing and considering a complaint is discussed in detail in the following video:
Is it possible to complain anonymously?
Many citizens have a question about the possibility of anonymously filing an application - there may be several reasons for this:
- The employee has not quit his job, but he wants to initiate a review with his employer (while fearing that his complaint could negatively impact his career).
- The employee has already quit, but he is afraid of any actions on the part of the former employer that could lead to negative consequences for the applicant.
Whatever the reason, you will have to indicate your data on the application - otherwise it will not be accepted and considered, since the labor inspectorate does not consider anonymous applications.
If an employee who has already been fired is afraid of his former employer, in the event of unlawful actions against him, he will have every right to contact the police, who will take the necessary measures. Besides, in the complaint itself you can make a request not to disclose data to the other party.
Submission via website
To file a complaint online you must:
- Go to the official website of the labor inspectorate.
- Fill in all the required fields (information about the employee and employer).
- State the essence of the problem.
- Attach scans of all necessary documents.
In addition, you will need to choose what actions you expect to receive from the inspection:
- Initiate an audit of the employing company.
- Initiate administrative proceedings, identify the perpetrators and bring them to administrative responsibility.
- To get a consultation.
In an electronic appeal, it is also necessary to indicate only real contact information - the inspectorate does not provide assistance to fictitious and anonymous authors.
Within 30 days from the date of submission, the institution’s employees review the application and send a response to the applicant.
What does this require?
To file a complaint, you must write a statement that will contain:
- Full name, address, contact telephone number of the applicant.
- Employer data (full name of the manager, actual and company name).
- The complaint itself must describe all the circumstances under which the violation of rights occurred.
- At the end, it is necessary to make a demand: what measures the applicant requests to apply to the employer (as in an electronic appeal), and also indicate a list of attached documents.
- Add date and signature with transcript.
Basic documents that must be attached to the application:
- Order of appointment to a position.
- A copy of the work record book (if the applicant has one).
- A copy of his passport.
As additional documents, you can select any documents that the applicant considers necessary when considering his application (office memos, email correspondence, etc.)
Review period
As in other government agencies, certain deadlines are established for the inspection, during which this body is obliged to consider the application, take all necessary actions and respond to the applicant about the decision in writing.
Complaints to the labor inspectorate are processed in a timely manner up to one month from the date of receipt. If necessary, this period can be extended, but for no more than 30 days. If the deadline is extended, the institution's employees are required to notify the applicant in writing.
Labor inspection check
There are 2 main verification options:
- Planned carried out without an application - on the initiative of the inspector. Most often, they are subject to enterprises where numerous violations have previously occurred or been identified. Before carrying out such an inspection, the inspector first warns the management of the organization.
- Target carried out at the request of the employee. Any complaint, as a rule, entails an inspection by the inspector whose territory the enterprise belongs to. When visiting a company, an authorized person first checks the violations described in the application. If they are identified, the inspector will issue a fine and also issue an order to eliminate them, compliance with which he will check during a second visit. Also, depending on the nature of the violations, the inspector may not limit himself to an order, but take more stringent measures in accordance with his powers.
Inspector's powers:
- monitoring the employer's compliance with labor laws;
- presenting the employer with mandatory instructions to restore the employee’s violated labor rights;
- issuing orders to remove from work persons who are not familiar with the safety instructions and have not been able to confirm their knowledge of labor protection;
- bringing to administrative responsibility;
- investigation of the circumstances of industrial accidents;
- initiation of legal proceedings regarding violation of the law;
- suspension of the activities of the organization or its divisions.
What to do if you don't agree with the decision
The decision of the labor inspectorate (as well as other government bodies) can be appealed if the applicant does not agree with the result.
It is necessary to file a complaint with the head of the relevant state labor inspectorate or the chief state labor inspector of the Russian Federation.
Criminal liability of the employer
If the employer does not pay wages for more than 3 months, the employee has the right to write a statement to bring him to criminal responsibility.
This document must be sent to the police at the location of the employing organization. In this case, the person responsible for paying wages will be charged under Art. 145.1 of the Criminal Code of the Russian Federation.
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 agency. 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, the general rules of business correspondence apply. 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:
- 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 is optional, but will not be superfluous;
- 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, along the way, to make references to articles of the Labor Code and other laws that were violated and on the basis of which the employer bears administrative liability;
- At the end of the main text part it is done block with requests , among which there may be 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 of an employment contract or to bring to administrative responsibility the circle of perpetrators;
- 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;
- 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 of 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 notification . 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 with a detailed description of the problem situation and files in the form of photographs or scanned copies of documents proving the fact of 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 the private life of a citizen, is not permitted 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 liability (administrative and especially criminal), so not a single government employee will give a full guarantee that the applicant’s personal data will be kept secret. 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 the event of a violation of an employee’s labor rights, it will be quite difficult to leave him in the shadows.
The law does not provide for the possibility of making an anonymous complaint when contacting the labor inspectorate. Maintaining anonymity greatly depends on the specific situation and the identity of the labor inspector.
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. Typically 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 bodies of the Federal Service for 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 indicate your data in the application - anonymous complaints remain without consideration for completely legal reasons. 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. Over the past year, money has been 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!
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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 inspection.
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 letter of resignation “of your own free will.” Even if the director really asks. Give in 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.
Often, employees, noticing injustices or violations in the implementation of prescribed norms and rules, ask the question: “How to complain to the labor inspectorate about the employer?”
First, you need to understand that an appeal to the State Labor Inspectorate (hereinafter referred to as the State Labor Inspectorate) cannot but have a reason, since such statements must be backed by extremely weighty arguments. After all, a groundless accusation can not only be disputed, but also blamed on the plaintiff himself by the defendant, since this may offend his “honor,” a concept that also exists in the Codes.
However, if your rights are truly violated, you should not remain silent. Contact the inspectorate without a twinge of conscience. However, please read this article in advance to understand the ins and outs of your application.
How to contact the labor inspectorate and who can file a claim
In fact, any employee whose rights are violated can file a claim. As was previously said, you should not send an application if you are not sure that you are providing truthful information or simply want to slander your superiors. However, if your rights or the rights of your colleagues have been violated, you have every right to send a letter or contact directly a social and legal institution dedicated to protecting the rights of working people.
There are also several ways to contact this institute, which provides a lot of opportunities for a person with any schedule or for someone who simply does not want to come to the institution directly.
There are such ways:
- Letter;
- Statement;
- Complaint;
- Direct appeal.
Employees are also concerned about another issue regarding anonymity. If you want to remain unrecognized and are afraid of problems with vindictive bosses, or you are not sure that your claim is justified and want to leave your bosses in the dark about your person, the question that worries you most is: “Is it possible to contact the labor inspectorate anonymously?”
It is impossible to do this. If you want to remain anonymous, then there is no point in complaining. An article of the Federal Law regulates this, obliging people to sign their own complaints, indicating their full name, address, as well as leaving their contact number (optional) and signing the document. All this, except the phone number, remains mandatory. This is necessary for the response of this social and legal institution. You must indicate not only the full details of your company or the person against whom the complaint is being made, along with his position, but also your details in full.
What grounds may be a factor for filing a complaint against an employer?
You can contact higher authorities if:
- You are not provided with work that was specified in your employment contract earlier when it was concluded;
- You are worried about problems with paying wages. It may be paid partially, not paid at all, or not paid according to the deadline;
- Providing a workplace that does not comply with the contract and legislation, as well as the collective agreement;
- Lack of insurance, which is mandatory according to current legislation, and its absence is punishable according to the Labor Code of the Russian Federation;
- You are denied vacation, sick leave or days off.
There may also be other factors that will determine your appeal to this social and legal institution, but it is worth consulting with a lawyer if your reason does not exactly fall within those listed above.
Types of complaints (appeals)
Complaints are broadly divided into:
- Oral;
- Written.
Oral, in turn, is represented by a direct appeal to the institution. Written ones can be a letter, a complaint or a statement. The formatting of these complaints is generally identical, but it is worth paying attention to the formatting as a whole. And don’t forget to provide accurate data.
How to write a complaint to the labor inspectorate
A complaint to the labor inspectorate must be written in the form of a statement. In this application, you must indicate the following facts, which are mandatory and without them the application is invalid:
- Company name, office address, management positions;
- The position of the person against whom the complaint is received, his full name, if possible, address, also position and, if possible, contact telephone number;
- It is necessary to indicate in the main part the claim itself, giving reasons for it;
- Indicate your own information: full name, telephone number if possible, place of work, position, home postal address for feedback.
This is the answer to the question of how to draw up complaints and about the necessary data and general rules for drawing up statements, which are provided in writing even when contacting the institution orally.
How to write an application to the labor inspectorate (written)
As stated earlier, a written statement is drawn up in any case, since your complaint must be supported by documentation. In this case, you must indicate in the complaint all the above information, as well as certify it with your signature and provide it to the employees of the institution.
Time limits for consideration of complaints by the labor inspectorate
The time frame for consideration of complaints by the labor inspectorate is reduced to 30 calendar days to study the details of the case and verify the information provided, and also, possibly, to confirm your complaints by other employees of the company.
After inspection is provided 10 calendar days the opportunity to implement the imposed sanctions.
Deadline for contacting the labor inspectorate and terms for consideration of a written complaint
An equally important parameter, if you are going to contact the relevant authorities, is what the deadlines for your application to these authorities are. The time frame for applying to the labor inspectorate is also limited, as are the reasons for applying to this social and legal institution.
The terms of application may be limited only in case of dismissal. But the review period is limited. The inspector is obliged to find out all the details within a month, and also to implement the instructions within 10 calendar days.
What to do if you do not agree with the results of a labor inspection inspection
If an employee or employer does not agree with the results of the inspection, every employee, senior or lower positions, has the right to file an application to appeal the decision.
There are only two options for this procedure:
- In order of subordination;
- Litigation.
Litigation should be resorted to if the first option is unsuccessful.