How to complain to the labor inspectorate about an employer. Sample complaint to the labor inspectorate

Hello. In this article we will tell you how to correctly file a complaint to the labor inspectorate.

Today you will learn:

1. Where to complain if working conditions are violated;
2. How to prepare and submit a complaint;
3. What deadlines for consideration are set by the state;
4. What to do if your appeal remains unanswered.

Complaint to the labor inspectorate

Often at work, disagreements can arise on the part of both the manager and the subordinate. When it is not possible to independently resolve a controversial issue, the employee files a complaint with the appropriate authority. The State Labor Safety Inspectorate is the place where applications from workers are received.

Labour Inspectorate is a government body whose main task is to exercise strict control over compliance with labor protection at all enterprises.

Every employee, regardless of their position, can ask for help when:

• I agreed with the terms of the contract, signed everything, but did not receive the corresponding job;
• The workplace is not intended for work and is provided in violation of working conditions;
• Did not receive wages in the agreed amount;
• The boss prohibits taking breaks for legal rest and lunch during working hours.

You shouldn’t expect the employer to come to his senses and fix everything. Everyone should be able to defend their rights.

The activities of labor inspectorate employees are as follows:

Scheduled checks

If you were not paid full compensation on your last working day;

It is also worth noting that you can prepare a collective complaint. In the second case, it is necessary to list all employees and give everyone the opportunity to sign and decrypt.

1. Preparation of related documentation.

In order for the labor inspectorate to understand that your appeal is not just empty words, you will need to prove that you are right.

The following documents will be useful as supporting documentation:

• Application with a note about refusal of leave. This option is useful if the employee is denied annual paid leave or is forced to take it at his own expense;
• Statement from the bank. If you filed a complaint about unpaid wages, then an extract is an excellent way to confirm that wages were paid later, or not in full. You will also need a copy of the employment contract, which specifies all the employer’s responsibilities related to remuneration;
• Employment contract. This option is useful if mistakes were made during hiring or dismissal.

1. Sending a package of documents.

Let's look at how to file a complaint:

Personally.

You can take the full package of documents in person and give it to the inspector or secretary at the reception. The only thing worth remembering is that you should still have copies of documents on which the accepted party puts the incoming number, their name and date. If your documents are lost, you can easily prove your appeal.

By mail.

You can send documents by registered mail. In this case, you will need to prepare an inventory.

On the labor inspectorate website.

Filling out a complaint in real time is an option that is very popular. You no longer need to go anywhere and waste time. You need to register on the site and leave an application in a special form. All necessary documents can be photographed in high quality and attached to the application.

Consideration.

The timing of the review will largely depend on the extent of the violation. According to the general rules, the response must be sent as soon as possible, but no later than 15 calendar days.

If an inspection is necessary, the period may be extended to 30 days. If you have been fired, rest assured that your appeal will be reviewed as quickly as possible, within 5-10 business days.

Notification of inspection.

The labor inspector must notify you if, in his opinion, an inspection is required at the enterprise.

Notification may be sent:

• By sending an SMS message;
• To the registration address by registered mail;
• To an email address with notification.

How to complain anonymously

Many workers do not want to provide their details and want to leave an anonymous complaint. But are anonymous requests accepted? Of course, you can send an appeal, but according to the law, the labor inspectorate may not consider it.

If you want the employer not to know who made the complaint, you can request complete confidentiality. In practice, everything is done very simply. You prepare all the necessary documents and at the end simply indicate one phrase: “During the inspection, I require non-disclosure of information about the applicant.”

It turns out that you can file an anonymous complaint, but it will remain unanswered and you will waste valuable time.

Write a complaint online

Since this option is very popular, let’s look at how to write a complaint via the Internet.

When choosing this option, you must be registered on the State Services website.

Application procedure:

1. Go to the official website of the labor inspectorate;
2. Find information for the employee, which will have a section “write a request”;
3. Select the request category and correctly fill out all the required fields of the application.

In your email complaint, be prepared to provide:

• Fully personal data: full name, telephone number, passport details and registration;
• Information about the employing company: full name and details, work phone number, legal address, full name of the director;
• The essence of the appeal: consultation, filing a complaint, scheduled or unscheduled inspection.

In the window that opens, you will have to answer all the questions and send the prepared package of documents. Making an online complaint is not only quick, but also simple.

Deadline for filing and consideration of a complaint with the labor inspectorate

If you are faced with a labor violation, it is important to consider the time frame within which you can file a complaint. According to the law, you have only 3 months from the moment the violation occurred at work.

If we consider issues related to hiring or dismissal, then the period of complaint is much shorter and is only 1 month, from the moment of termination of the employment contract and receipt of all documents.

The complaint is given 30 calendar days from the date of submission of all necessary documentation. Of course, the processing time can be extended only if there is a good reason. The most common reason is that additional material was required for verification.

The response to the applicant will be sent by email or regular mail.

What does the labor inspectorate check in response to a complaint?

After receiving a complaint, labor inspectors are required to conduct an inspection.

The procedure depends on the circumstances of the case and can be carried out in any way convenient for the inspector:

1. On-site inspection. In this case, a labor service employee comes to the enterprise, without an invitation, and conducts an inspection. Employers don’t like this method, but they can’t refuse. The inspection employee is allowed to:

• Inspect workplaces and determine working conditions;
• Communicate with employees and ask all necessary questions;
• Request necessary documentation.

If violations are revealed during the inspection, the inspector has every right to:

• Issue a fine, the amount is determined for each case individually;
• Draw up an order for correction, which indicates the exact time frame for correction and the violations identified.

If serious violations are discovered during the inspection, the case is sent to court.

1. Request documentation. This verification option is “more gentle”, since the inspector requests all the necessary documents and studies them in detail. All necessary documentation is sent by courier with an inventory, or handed over in person against signature to an authorized employee.

What to do if you disagree with the inspection or the complaint remains unanswered

What should you do if you receive a response about the results of a labor inspection that you disagree with? Do not despair, because according to the law you have 10 days to appeal the answer.

All you need to do is send a second complaint, with all the necessary documents.

It is also worth considering that an employee can file a complaint with several authorities at once, and the decision made by a judicial authority will have priority.

If your request remains unanswered, you can:

1. Submit your complaint again.

Sometimes a response is not received due to a software glitch if the application was submitted via the Internet, or due to a human factor. In this case, you can write a repeat appeal and make sure that it reaches the addressee.

1. Seek help from lawyers.

As noted, labor service employees may ignore an appeal if it is prepared with violations. Qualified lawyers will help you draw up a complaint correctly or point out mistakes made.

1. Submit an application to higher authorities.

If lawyers helped you prepare the documents, and you still have copies of the acceptance documents, then you can safely contact higher authorities: the prosecutor or the court. To correctly compose an appeal, you will also need the help of qualified employees.

Organizations that can help with filing a complaint

Unfortunately, not everyone can competently protect their rights. Many people do not know how to file a complaint. Special organizations staffed by qualified lawyers can help him with this.

You can contact a law firm in person; in most cases, offices are within walking distance, or you can choose an organization on the Internet. In the second case, all issues will be resolved remotely.

When choosing an organization, consider:

• Prices for services;
• Company rating;
• Start date of activity (it is better to entrust the business to a professional who has proven his reliability and qualifications over the years);

Application to the labor inspectorate - when should you write it? 4 good reasons + operating principle of the labor inspectorate + sample application + 3 ways to submit a document + 5 stages of submitting an online application.

The integrity of the employer is the main stumbling block in many legal cases. A person who works day and night has the right to stable wage payments, and if problems arise with this issue, contact the labor inspectorate.

The legislative framework of the Russian Federation provides for a number of measures that can influence the employer and resolve the issue as quickly as possible.

Today we will look at how to correctly write and submit an application to the labor inspectorate, as well as how exactly such cases are considered in legal aspects.

What is the job of the labor inspectorate?

Labor laws are aimed at supporting employees throughout the country, but in order for them to be respected, a special department is needed that will be able to resolve labor disputes between the employer and the employee from the enterprise. As of 2017, such a body is the labor inspectorate.

The Labor Inspectorate is a department subordinate to the Ministry of Labor of the Civilian Population of the country.

Any head of an enterprise that is officially registered is obliged to comply with the decisions made by the labor inspectorate in full. If your employer conducts an unofficial type of activity, you should write an application to resolve the issue to the prosecutor's office or tax office.

What does the labor inspectorate do:

• carries out raids on both public and private facilities in order to identify offenses related to the work activities of employees;
• examines cases related to accidents that occurred at the enterprise;
• regulates the issue of social payments, which mainly include benefits;
  monitors the work of guardianship departments of enterprises that care for citizens with physical/mental problems;
• deals with the resolution of labor disputes written on behalf of the team (only for government agencies);
• tests working conditions;
• analyzes legal standards for employees on labor protection at enterprises.

The main goal of the labor inspection– consideration of employee applications and taking measures to resolve them pre-trial. In addition to the main areas of work, the labor inspectorate also resolves other issues related to employee-employer relations.

The official body that represents the interests of the inspectorate is Rostrud.

In what cases does a person write an application to the labor inspectorate?

Before the labor inspectorate directly deals with the issue, the application is considered by a special department - labor dispute commission. If during the work no solution was found that satisfies both sides of the conflict, the labor inspectorate directly comes into action, carrying out a scheduled/unscheduled inspection of the enterprise where the employee works/worked.

In the legal aspect, all actions of this body are based on the Labor Code of Russia (https://www.consultant.ru/document/cons_doc_law_34683). You can see detailed information about in which cases a person can write an application to the labor inspectorate in the table below.

Legal aspects of filing an application with the labor inspectorate:

Rostrud, as one of the control bodies from the labor inspectorate, is obliged to respond to every employee’s application and resolve the issue as quickly as possible.

The threat of filing an application with the labor inspectorate can stimulate the employer to pay wages, since an unscheduled inspection can bring much bigger problems than saving money on several employees.

In addition to penalties for non-payment of wages, an employee can write a statement if one of the following 3 reasons occurs:

Error in the amount of compensation after dismissal.

When an employee leaves work due to dismissal, he receives a full payment from the accounting department along with compensation. If this amount is too small or absent altogether, you have the right to write a statement to the inspectorate.

The result will not be long in coming: you will be able to receive compensation within 10-15 days from the date of filing your application.

Denial of benefits.

Social benefits are a very important source of income for privileged categories of citizens of the Russian Federation. Individual entrepreneurs, and sometimes government agencies, try to save on benefits and do not provide payments in full, or refuse to accrue them at all.

If such situations arise, you should immediately submit an application to the labor inspectorate for consideration.

Denial of leave.

According to current legislation, each employee has the right to vacation after 6 months of continuous employment. Many private organizations ignore this right, explaining this by high workload.

A bonus can be an incentive, but keep in mind that 2-3 years without vacation can have a very negative impact on a person’s psychological state.

Having the goal of solving one of the issues described above, you can safely send an application to the labor inspectorate. A timely appeal will save you from unreasonable oppression from management and provide an opportunity to clarify the situation in the legal field.

How to write an application to the labor inspectorate?

For citizens of the country, the legislation does not establish a uniform form of appeal to government authorities in writing, therefore each person draws up an application independently.

In order not to be refused due to illiteracy in drawing up a document, we have prepared for you a couple of tips that will help you work correctly not only with an application to the inspection, but also with other official documents.

General set of rules:

• use business language when writing text and describing the situation;
• omit jargon and obscene expressions - they may lead to refusal to consider the application;
• any application must contain the signature of the originator;
• the header of the document must contain basic information about the government agency to which it is sent;
• do not forget to indicate return contact information for communication;
• If the application contains any additional documents, attach them to the document.

By following these simple tips, you can create a high-quality application that will not pass the eyes of the labor inspectorate.

1) What filing options are there?

Today, employees have access to several methods for submitting an application to the inspectorate. Depending on the level of employment, as well as work schedule (many institutions work at the same time as the state inspection department), a person can decide for himself which option suits him best.

There are 3 main methods of submitting applications.

Method No. 1. Personal visit.

In 90% of cases, large settlements have 1-2 inspection departments capable of receiving visitors and conducting consultations on an issue of interest to them.

It is very important to use a personal visit if you are not completely sure that you are right - professionals will be able to advise you and help you decide on the decision to apply for an employer.

What documents to take with you:

• identification;
• a copy or original of the employment contract;
• documentary evidence that can tip the scales of justice in your favor;
• management orders directly related to your purpose for writing the application.

Sitting down at the table and taking a sample from a consultant, writing the correct application will not be difficult. But if you don’t want to do it on the spot, we will describe below in detail the procedure for compiling it at home. After handing over the completed document to the employee, you will receive a receipt confirming the action taken.

Method No. 2. Sending by mail.

The preparation algorithm is no different from other options - only the completed application will need to be sent to the recipient not in person, but through postal services. If additional papers are attached to the letter, make an inventory of them and attach them to the application itself.

When sending by mail, it is better to use certified copies of documents rather than originals - this will help avoid problems if the letter suddenly gets lost in transit.

The best way to send documents is by registered mail with delivery confirmation. You will have a coupon with a serial number in your hands, which will allow you to track the parcel all the way to the labor inspection department.

After receiving and reviewing the case, one of the employees of the government agency will contact you and discuss the details of resolving the issue of interest.

Method No. 3. Online application.

The official website of Rostrud provides network users with the opportunity to electronically submit an application to the labor inspectorate.

The advantages are obvious - by devoting 30-40 minutes of personal time, a person can, without leaving home, send an application to the appropriate authority and receive a comprehensive response within 1-2 business days. We will talk about this method in more detail below.

Whichever option you choose, you will need skills in drawing up an application. And if during a personal visit, it is possible to fill out a document together with a consultant, then doing this at home, a person may encounter certain difficulties.

2) Sample application to the labor inspectorate.

So that you can fill out an application at home, we have prepared for you a sample with a ready-made practical example of a situation regarding non-payment of wages to an employee. There may be another reason - it all depends on the situation in which the employee of the enterprise finds himself.

An official statement in its structure contains 4 main parts, without which its consideration by the labor inspectorate is impossible. Correct preparation of each of them will simplify the review procedure for government officials and increase the speed of progress of the case.

4 elements of a document on how to write an application to the labor inspectorate:

1. A cap. Contains main information about the labor inspectorate or the authorized person who will receive your application.

   If this is a department, it is enough to write the postal address of the institution. If the recipient is an individual, in addition to the standard data, write your full name. and the position held by the person.

2. Name. Regardless of the purpose of your request, you should always adhere to established standards in submitting documents to official control authorities and write the word “Application” in the table of contents.
3. Content. The main part of the application must contain the most important information regarding the case.

   The description should include:

   • detailed information about the employer;
   • exact data on the concluded employment contract + the current position of the employee in the organization;
   • date of payment of wages along with the period of delay;
   • how much the employer owes the employee and what measures the person took to obtain the money.

   State the requirements of the case in as much detail as possible, indicating all the nuances. When writing an application from 2-3 people at once (collective), the amount of debt is described for each individual in a separate order.

Do not forget to indicate articles from the legislative framework, thereby confirming your words in the legal field.

4. Conclusion. Contains the signature of the applicant(s), as well as the date on which the current application was made by the individual.

Following the structure described above, you can draw up a document yourself, using a sample application to the labor inspectorate as visual material.

How to write an application to the labor inspectorate online

Why make a lot of unnecessary movements when you can send an application to the inspection while sitting on the sofa in front of your laptop monitor? This service only recently began operating, but news about the new capabilities of the Rostrud service quickly spread across the Internet.

We decided to describe the step-by-step algorithm of this procedure and draw attention to the nuances that may arise when drawing up an online application.

There are 5 steps to submit your online application.

Stage 1. Reason.

To use the procedure in question, go to the Onlineinspektsiya.rf resource, where on the main page select the section for reviewing issues for employees.

In the section that opens, select “ Report a problem" By hovering your mouse, you can find additional information on the issue of writing an online application to the labor inspectorate.

Please indicate the category(1) your question belongs to. The structure of the site will allow you to optimize your search as much as possible and make a step-by-step selection from the initial category to a narrowly focused question (2).

Having confirmed the reason you are interested in, mark the result (3) that you expect from solving the problem.

Stage 2. Filling out personal data.

Before you start working with the document online, confirm your registration through the government services website. This measure helps reduce the amount of spam sent to the labor inspectorate, since only verified citizens can get an account on the government services website.

If desired, the user can familiarize himself with the information that the labor inspection resource will use - just click on the “? » next to the corresponding item.

After logging into your account on the government services website, you can continue working further.

A form will appear containing three fields to fill out – full name (1) and contact information (email address and telephone number in international format) (2). For general visibility, the user must fill out two nickname fields, which indicate the data visible to other users.

Stage 3. We draw up an application to the labor inspectorate.

To make the information readable, forms with fields that will require your attention will appear on the site one by one. Try not to make mistakes when filling out - your information may be used in legally significant documents.

Initially, you should submit information about the individual/legal entity for whom the application will be written. Enter an organization or individual (1), then add an address (2). You can show the location either through a standard description or using the Yandex.Maps service.

What follows is a block with a step-by-step description of the exact information about the employer, including the legal address, the position you hold in the organization, and brief information about the person himself (1-5). All filled fields are hidden for other users; only an authorized labor inspectorate employee will be able to view the information.

Finally, we have reached the main block, where the user can “pour out his soul” to the inspection workers in a business style and reveal the situation in the most detailed form (1).

If you have additional documents confirming your words, upload them through a special form (2). Enter data that you do not want to make public in the last field (3).

Stage 4. Submitting an application.

Double-check the information you entered before submitting. As already mentioned, any inaccuracies can negatively affect the procedure for considering the case, even leading to the rejection of the application.

At the last stage, indicate which petition most suits your goals (1).

Do not forget to study the user agreement of the service (2), although many people do not like this step, in this case it is necessary. Click the “Submit" button (3) - your application has been delivered to the labor inspectorate and will soon be reviewed.

Stage 5. Consideration of the application.

Implemented within 30 calendar days since writing. Your case will be reviewed by a separate inspector, who, after studying the facts of the case in detail, will visit the employer and conduct an unscheduled inspection.

What the labor inspector will check:

• under what charter does the legal entity/individual operate;
• documents containing figures on bonuses and incentives for employees;
• all types of employment contracts of the enterprise;
• financial statements;
• a list of protocol records for resolving controversial issues within the organization.

The result of the inspection is a specialist’s conclusion, drawn up in the form of a report, which confirms or refutes the arguments of the employee who wrote the application.

If all the information specified in the employee’s application took place - in 10 days authorized labor inspection bodies issue a reprimand for the management of the organization.

What measures can be taken:

• requirement to resolve the issue regarding the employee who sent the complaint within 1 month, and then report according to the sample to Rostrud;
• imposition of a fine if the case is recognized as an administrative violation;
• sometimes the work of the organization is temporarily suspended until the issue is resolved;
• dismissal of the responsible employee from his position + imposition of penalties;
• In rare cases, it is possible to initiate a criminal case.

Preventive measures against several employees in management positions can be combined and distributed depending on the degree of guilt of each of them.

When can an online application to the labor inspectorate be rejected?

Lack of personal information.

Anonymous statements are not legally valid unless they are a threat to a person's life. By deliberately or accidentally omitting some personal data, or indicating someone else’s, you risk being left without attention from the labor inspectorate.

Excessive subjectivity.

Such phrases as “I think”, “I assume” and so on are not documented and have no legal value. When describing the situation, use only reliable facts that took place and have confirmation.

Illiteracy.

A large number of spelling errors and obscene language will 100% guarantee that your application will be rejected.

Errors on the server.

Although the labor inspection service runs on stable servers, there is always the possibility of a system failure. After a month has passed and you still have not received a response to your application, resubmit your application.

Specify your mailbox when filling out contact information - this step will allow you to find out about the status of consideration of your application + will give you the opportunity to familiarize yourself with the reasons for the refusal, if any.

Is it possible to appeal the decision of the labor inspectorate?

Do not think that the labor inspectorate is always favorable to the injured party. Each case is assessed objectively, and if there is insufficient evidence of management’s guilt, from the inspector’s point of view, the result may be a partial or complete refusal to comply with the applicant’s requirements.

To appeal the decision of the labor inspectorate, you must complete 3 steps.

Step #1. Letter to the management of the labor inspectorate.

If you are not at all satisfied with the outcome of the case, you must within 30 days from the date of its announcement write a letter of complaint to the head of the department in your region. Indicate doubtful points in the decision of the inspector who dealt with your case, and provide your own arguments on this issue.

If your request was granted, we stop; if not, we move to step No. 2.

Step #2. Collection of information.

The inspectorate resolves cases pre-trial, but when appealing, the participation of this authority cannot be avoided. Collect a package of papers that, in the opinion of the labor inspectorate, are ambiguous in nature and cannot be taken as full evidence of the employer’s guilt.

If the evidence presented is not enough, find other arguments that will help defend your point of view in court.

You will know when to contact the labor inspectorate,
and how to properly complete and submit an application.

Step #3. Submitting documents to the court.

The judicial authorities will issue a sample application on which you will need to write a request to consider your issue. At the request of authorized persons, provide the previously sent application to the labor inspectorate (or a copy thereof). Along with the application, the documents you collected regarding the case are also submitted to the court.

To have the best chance of success, hire a lawyer or at least get advice. After payment of the state fee, a date for consideration of the case will be set. The average waiting time before a final court decision is made does not exceed 1 month from the start of the proceedings.

Application to the labor inspectorate– the fastest way to get a solution to the problem without lawsuits. A correctly drawn up document will speed up the application review process and provide a greater chance of success.

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

In what cases is it necessary to complain?

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

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

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

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

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

It must indicate:

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

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

State Labor Inspectorate

Ivanovo, st. Teatralnaya, 16

from Ivanov Ivan Ivanovich

Ivanovo, st. Pushkina, 7, apt. 55

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

Employer: Sfera LLC

Actual address: Ivanovo, st. Shkolnaya, 2

Legal address: Ivanovo, st. Shkolnaya, 2

Full name of director: Petrov Petr Petrovich

tel., fax: 65-43-21

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

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

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

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

03/09/2019 Signature with transcript

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

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

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

Examples of complaints to the State Tax Inspectorate:

Anonymous complaint

A complaint can be submitted either in person or anonymously.

To submit an application and remain incognito, you need to attach a request for confidentiality, drawn up in any form, to a traditional complaint indicating all contact information. Anonymous submission can only be done this way. An application without indicating the applicant and address will not be considered (Clause 1, Article 11 of the Federal Law “On the procedure for considering applications from citizens of the Russian Federation” dated 05/02/06 No. 59-FZ). If the text is not readable, then there will be no answer.

Collective complaint

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

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

A collective complaint has a number of advantages:

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

What types of checks can there be?

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

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

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

There are two types of checks:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Regardless of the reasons for which an employee is dismissed, the employer is obliged to pay him the benefits provided for by the Labor Code of the Russian Federation, as well as return the work book.

The employer is obliged to do this on the day of termination of the employment relationship, that is, on the day the employee signed the order for his dismissal. This is stated in Art. 84.1 Labor Code of the Russian Federation.

If the employer does not do this, the employee has the right to file a complaint with the labor inspectorate at the employer’s location.

When dismissing an employee, the employer must pay him:

If the employer does not return the work book to the employee on time, he violates the employee’s legal rights to work. As you know, without a work book, an employee cannot get a job.

In addition to the work book and payment of all necessary benefits, the employer must provide its former employee with copies of all documents relating to his work activity. This must be done within 3 days after signing the dismissal order.

To receive these documents, the employee must write a written application in 2 copies and register it with the personnel department.

It is worth remembering that you do not need to write any applications to obtain your work book. The employer is obliged to return it on the day of termination of the employment relationship with all necessary records and seals.

You can download a sample application to the State Labor Inspectorate for violation of labor rights.doc
via this link

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Features of filing a complaint to the labor inspectorate: sample format, methods of sending and response to the application

Appealing to the state labor inspectorate is a means of protecting the violated rights of an employee. The task of this structure is to monitor compliance with labor laws and quickly respond to violations.

Complaints are reviewed by legal labor inspectors. In order to correctly contact the inspectorate, you need to know a number of the following legal and practical nuances.

Dear readers! Our articles talk about typical ways to resolve legal issues, but each case is unique.

If you want to know how to solve exactly your problem - just call, it's fast and free!

Reasons for complaining against an employer

People turn to the inspectorate because the employer does not fulfill his duties, abuses his position and the employee’s dependence on wages, refuses to pay earned money, and arbitrarily dismisses people without sufficient reasons.

Most employers believe that they themselves can fire an employee at any time. This is wrong. The employee is protected by law and violation of his legitimate interests may result in the employer being subject to a fine and other penalties.

Purpose of writing an application

A complaint to this organization is filed to protect against negligent employers who violate labor laws.

If the arguments of the complaint are confirmed, then in accordance with Article 356 of the Labor Code of the Russian Federation a legal labor inspector has the right:

When is it necessary to contact the state labor inspectorate?

The inspectorate should be contacted if the employee wants a prompt consideration of his complaint and a decision. Labor dispute commissions are not always effective and depend on the will of the manager or owner of the enterprise.

Going to court requires time, money and nerves, since not everyone can or wants to withstand a long, nervous trial.

The complaint must include the following points:

How to write a petition correctly?

The application must indicate in as much detail as possible the circumstances of the violation of rights, justify them with oral and written agreements with the employer, internal labor regulations and Russian legislation.

To facilitate the inspection, it is also advisable to indicate witnesses to the employer’s abuse of their rights, as well as attach the necessary documents (copy of the order, contract, employer’s act, internal local documents)

Detailed instructions for registration

In his complaint, the applicant must indicate in detail the circumstances of the employer’s failure to fulfill his duties, in particular:

• work start date. For example: “I started work on January 15, 2017”;
• date of conclusion of the employment contract. For example: “an employment contract was concluded with me on January 15, 2017, one copy remained with the employer, one copy remained with me”;
• Have you read the job description? and safety regulations (“on the first day of work, I signed instructions with my responsibilities and safety regulations”);
• 
  what are the violations of his rights, what evidence is there, including witness statements and documents (“the employer fired me without warning, without telling me the reason, and now does not allow me to go to work. Non-payment of wages for days worked occurred regularly. These circumstances can be confirmed by telephone conversations and the HR inspector”) ;
• attempts to resolve the dispute with the employer on my own or contacting the labor dispute commission (I tried to talk with the employer, convince me that I could continue to work, asked to point out my shortcomings specifically, but to no avail. There is no labor dispute commission in this organization.");
• request for restoration of violated rights(“I ask you to give an order to reinstate me at work and not interfere with my performance of work duties”);
• attachments to the application(copies of the work book and contract, the order being appealed, internal local acts of the enterprise, etc.)

Methods for sending paper

The application can be submitted directly to the regional unit inspections at the place of violation of labor rights. It must be drawn up in two copies, one copy remains with the inspectorate, and on the other the office employee signs for acceptance of the application.

The second copy remains with the applicant and is proof of the appeal in the event that he remains dissatisfied with the response to his appeal.

The application may be sent by registered mail with notification. In this case, it is necessary to keep the receipt for sending the application and the notification form with the signature of the responsible person in the office about receipt of the letter of complaint.

The statement also can be sent online through the website regional inspection unit. To do this, you need to go to its website, find a special application form and fill out its fields in accordance with the available instructions.

It is optimal to submit a complaint in person, since in this case legal labor inspectors will quickly begin to examine it and make a legal decision. In addition, when submitting an application, you can go to the reception and directly explain the essence of your complaint to the head of the inspection and ask for it to be considered as soon as possible.

Response to complaint

Upon application, the inspectorate conducts a thorough inspection, as a result of which it may issue an order to the employer to eliminate violations of labor law, send the inspection materials to the prosecutor's office, or leave the application without satisfaction if the circumstances of the complaint are not confirmed.

Conclusion

An application to the state labor inspectorate is an effective means of protecting the rights of an employee. It should be resorted to if negotiations with the employer or the labor dispute commission at the enterprise do not produce the desired effect.

The application to the inspectorate must be written correctly, indicating in detail all the circumstances of the violation of rights by the employer. The inspectorate issues an order on the inadmissibility of violating the law, which is mandatory to comply with.

Complaint to the labor inspectorate - sample complaint

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

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



Contacting the labor inspectorate

These responsibilities are imposed on the Labor Inspectorate by Decree of the Government of the Russian Federation No. 324 of June 30, 2004 “On approval of the regulations on the Federal Service for Labor and Employment.”



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

Therefore, in case of any violation of your labor rights - in case of violation of the due payment period, in case of non-payment by the employer of the benefits and bonuses due to you, in case of violation of the required working hours, in case of non-payment of overtime, in case of violation of the vacation regime, you have the right to complain to the State Labor Inspectorate of a particular territorial unit or through the online application form.

How to write a complaint to the Labor Inspectorate

There is no clear answer to this question, since there is no single form of complaints in labor and civil legislation, so you can write a complaint in any free form. The only requirement is compliance with the rules of business correspondence, including the following:

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

Complaint against an employer to the labor inspectorate - writing sample

An example plan for writing a complaint is given below:

From 2014 to the present day, I have been working as a gas worker at the gas station of Gazpromneft-Center LLC, which is located at the address: Krasnodar, Uralskaya street, building 96/3. From August 2015 to the present, the employer has not paid me a bonus, citing the fact that the parent organization Gazpromneft-Center LLC has switched to strict cost-saving mode due to the global economic crisis and has established a bonus percentage of 0 for all gas station workers .45%. I have repeatedly written applications for the restoration of payment of the bonus due to me under the contract, but the accounting staff and the management of the gas station did not accept my applications for consideration.

After another refusal, on September 16, 2016, I wrote a complaint addressed to the general director of the company, Efim Solomonovich Ivanov. Although the receptionist accepted my application, she refused to sign the second copy. I did not wait for a response to my appeal.

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

In connection with the above

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

File a complaint with the Moscow Labor Inspectorate

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



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

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

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

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

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



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

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

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

Important additions when contacting the Labor Inspectorate

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

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

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Labor inspection fines 2018

Violations of labor legislation entail disciplinary, administrative and criminal liability.

Subjects of labor offenses

The Code of Administrative Offenses of the Russian Federation provides for various types of administrative liability for failure to comply with legislative acts relating to labor relations and labor protection. A fine for violation of labor legislation is imposed on officials:

7. managers and their representatives;
8. chief accountant;
9. head of the HR department;
10. persons performing duties to comply with labor protection rules.

If you are repeatedly charged with a similar administrative offense, the court may impose a punishment in the form of disqualification of officials for a period of 1 to 3 years.

Citizens and legal entities can also become subjects of offenses.

Administrative fines of the labor inspectorate 2018

For failure to comply with the requirements of regulations applicable to collective agreements, the following sanctions are provided by the labor inspectorate:

11. in case of evasion from participation in negotiations concerning the conclusion, amendment or addition of a collective agreement, violation of the terms of negotiations, a fine in the amount of 1000 to 3000 rubles is imposed. (under Article 5.28 of the Code of Administrative Offenses of the Russian Federation);
12. If the employer fails to provide information within the established period for conducting collective negotiations and monitoring compliance with the terms of the agreement, a fine of 1,000 to 3,000 rubles is imposed. (under Article 5.29 of the Code of Administrative Offenses of the Russian Federation);
13. in case of an unjustified refusal by the employer to conclude a collective agreement - a fine of 3,000 to 5,000 rubles. (under Article 5.30 of the Code of Administrative Offenses of the Russian Federation);
14. if the employer fails to comply with the terms of the collective agreement - a fine of 3,000 to 5,000 rubles. (under Article 5.31 of the Code of Administrative Offenses of the Russian Federation);
15. if the employer evades participation in conciliation processes and fails to provide premises for the work of the conciliation commission - a fine of 1000 to 3000 rubles. (under Article 5.32 of the Code of Administrative Offenses of the Russian Federation);
16. in case of non-compliance with the terms of the agreement reached as a result of the conciliation procedure - a fine of 2000 to 4000 rubles. (under Article 5.33 of the Code of Administrative Offenses of the Russian Federation);
17. when dismissing employees who took part in labor disputes and strikes - a fine of 4,000 to 5,000 rubles. (under Article 5.34 of the Code of Administrative Offenses of the Russian Federation).

For Art. 5.28 – 5.31 of the Code of Administrative Offenses of the Russian Federation also provides for an administrative penalty in the form of a warning.

Violation by an employer of the rules for attracting stateless persons or foreign citizens to work, including failure to notify regulatory authorities (Article 18.15, Part 3 of the Code of Administrative Offenses of the Russian Federation), entails a fine in the amount of:

18. from 2000 to 5000 rub. on citizens;
19. from 35,000 to 50,000 rub. on officials;
20. from 400,000 to 800,000 rub. for legal entities.

According to Art. 15.34 of the Code of Administrative Offenses of the Russian Federation, for concealment by the insured of the occurrence of an insured event at work, citizens are fined in the amount of 300 to 500 rubles, officials - from 500 to 1000 rubles, legal entities - from 5,000 to 10,000 rubles.

In case of failure to eliminate the causes and conditions that led to the commission of the offense and specified in the resolution issued by the labor inspectorate, the fine ranges from 4,000 to 5,000 rubles. (Article 19.6 of the Code of Administrative Offenses of the Russian Federation).

Labor inspectorate inspection: fines and criminal liability

According to the Criminal Code of the Russian Federation, an employer may be held criminally liable for violation of labor laws. The employer may be fined:

21. up to 200 thousand rubles. for the dismissal of a pregnant woman or a woman who has children under 3 years of age (Article 145 of the Criminal Code of the Russian Federation);
22. up to 80 thousand rubles. for non-payment of wages to employees for more than 2 months (Article 145.1 of the Criminal Code of the Russian Federation);
23. up to 200 thousand rubles. for violation of safety requirements resulting in serious harm to human health (Article 143 of the Criminal Code of the Russian Federation).

In addition to a fine, managers may be punished in the form of compulsory labor, imprisonment for a period prescribed by law, with deprivation of the right to engage in a certain type of activity.

When assigning punishment, the forms and motives for committing the violation, the degree of public danger, the identity of the perpetrator, his financial status and circumstances that aggravate or mitigate responsibility are taken into account.

What documents does the labor inspectorate check?

The State Labor Inspectorate has significant powers to verify employers' compliance with labor legislation. So what documents does the labor inspectorate check? It is not possible to provide a complete list of them, since when carrying out supervisory and control activities, inspectors may require the employer to provide any documents related to the subject of the inspection. Below we will highlight only the main ones.

Labor relations documents

All personnel documents regulating labor relations can be divided into two types:

24. mandatory, the presence of which is directly determined by employers by labor legislation;
25. optional, i.e. of a recommendatory nature.

Mandatory documents include:

26. employment contracts;
27. work books;
28. staffing schedules;
29. books for recording the movement of work books (inserts for them);
30. documents that establish the procedure for processing personal information of employees, as well as their legal status in this area;
31. internal labor regulations;
32. vacation schedules;
33. shift schedules;
34. orders for personnel;
35. personal cards of employees;
36. time sheets;
37. medical books.

These are the main documents for the labor inspectorate. Inspectors check them first.

Optional documents include:

38. regulations on various structural divisions;
39. provisions on employee certification;
40. job descriptions;
41. personnel regulations, etc.

Optional documents can be checked on an equal basis with the main ones if they relate to the subject of verification.

Rules for drawing up basic documents on labor relations

It must be taken into account that sooner or later any employer will face an inspection by the labor inspectorate. Documents for it must be prepared in advance. They must comply with all legal requirements.

Employment contracts

42. place of work;
43. labor function of the employee;
44. work start date;
45. terms of remuneration;
46. working hours (rest time);
47. conditions relating to compulsory social insurance of the employee;
48. other conditions in accordance with labor legislation.

The agreement is drawn up in writing and signed by the employee and the employer (authorized representative), and also sealed (if any).

Vacation schedule

It is compiled annually and must be familiarized to all employees upon signature. Sometimes it happens that employees are not given rest according to the established schedule. In this case, the employer risks being punished for violating labor laws. The vacation order is signed no later than two weeks before the start of the vacation; the employee must be familiar with it.

Work records

The procedure for maintaining and storing work books is established by the relevant Rules approved by the Decree of the Government of the Russian Federation.

49. Documents related to payment of wages

The employer should be very careful about the issue of payment of wages. It must be paid to employees on time and in full. Payments must be recorded in special documents (salary slips, payslips, etc.). If the amounts and timing of payments are violated, the employer may be held liable.

Documents related to labor protection

These include:

9. labor protection instructions;
10. training logs;
11. logs of accidents that occurred at work;
12. personal protective equipment cards;
13. medical examination schedules;
14. provisions on the procedure for issuing protective equipment to employees;
15. other documents.

The list of such documents is individual for each employer. It depends on the specifics of the activity of the company or private entrepreneur.
Labor safety instructions must be approved by order; workers should be familiarized with them against signature. You can start a special journal for this. Familiarization is carried out upon hiring a citizen or after approval of the instructions.

Thus, the legislation has vested the State Labor Inspectorate with exclusive powers to inspect various types of documents of employers. However, it must be remembered that the law prohibits inspectors from demanding documents that are not related to the subject of the inspection.

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

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

What is GIT

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

The Labor Inspectorate has the following powers:

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

When to turn to GIT for help

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

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

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

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

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

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

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

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

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

Our lawyers know The answer to your question

or by phone:

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

It must contain the following details:

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

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

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

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

This measure is advisable only when we are talking about general violations, and not those that concern a specific employee, since in this case it is unlikely that it will be possible to maintain incognito.

How to send a complaint to the labor inspectorate

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

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

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

How the investigation is carried out

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

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

The inspector chooses the inspection method at his own discretion.

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

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

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

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

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

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