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Sample of filing a complaint to the labor inspectorate. How to file a complaint with the labor inspectorate against an employer

Collective complaints in labor inspection- a rare phenomenon. Therefore, their creation often entails difficulties. However, in form such appeals practically do not differ from individual complaints.

Possibility of contacting government bodies, which includes the Federal Labor Inspectorate, which exercises state supervision over strict compliance labor legislation, is a constitutional right of citizens of the Russian Federation by virtue of Article 33 of the Constitution of the Russian Federation. This right is not subject to limitation either in content or in formal terms. It can be implemented, including, in the form of collective appeals (complaints). A comprehensive regulatory act regulating the filing and consideration of citizens' complaints is Federal Law No. 59 of May 2, 2006, Article 2 of which provides all citizens with the opportunity to create both personal and collective appeals.

The obligation to restore violated labor rights based on the results of consideration of a collective complaint follows from the key powers of the FIT (Federal Labor Inspectorate), defined by Article 356 of the Labor Code of the Russian Federation and the content of the Regulations on FIT, introduced by Resolution No. 78 of the Russian Government of January 28, 2000. These powers include ensuring:

  • state supervision over compliance with labor law standards by employers through surveys, verification activities, issuance of orders, and bringing to administrative responsibility;
  • protection of the complex of labor rights of workers;
  • informing employees and employers about the specifics of applying labor legislation.

Benefits of collective treatment

Among the advantages of a collective complaint are:

  • weight due to the greater objectivity of the community of workers in comparison with the point of view of a single employee;
  • mass character that could lead to adverse social consequences if the problems identified in the complaint are not resolved;
  • absence of contradictions in assessments of the existing problem.

Features of filing collective complaints in the FIT

An analysis of the provisions of Federal Law No. 59 of May 2, 2006 allows us to conclude that no special requirements have been established for the registration of collective complaints. The following principles should only be adhered to:

  • all applicants must agree with the content and requirements of the collective complaint;
  • in the upper right corner of the document, after indicating the FIT details, in accordance with the requirements of Federal Law No. 59 of May 2, 2006, the personal data of all applicants (full name, information about permanent residence) must be indicated. Information about date of birth, passport details, position, contact numbers, email address is optional;
  • The first part of the complaint must state specific facts indicating massive violations of labor rights (identifying persons, dates, events), as well as the motives on the basis of which the applicants consider their rights to be violated. When presenting facts, the principles of brevity, accuracy and reliability must be observed;
  • the second part of the document should contain a list of requirements presented by applicants;
  • the complaint must be completed with a list of signatures of all applicants. To eliminate any suspicion of signature forgery, blue ink should be used. In this case, each of the applicants must personally decipher their own signature;
  • the document must indicate a contact person authorized by the applicants to file a complaint and receive a response to it.

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

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

Carries out two types of inspections: scheduled and unscheduled.

Scheduled inspections by the labor inspectorate:

Scheduled inspections are mostly carried out in agreement with the prosecutor's office. They are distinguished by the fact that the plan for such inspections is already known in advance and determined for a year in advance - it can be found on the websites of the Prosecutor General’s Office or the labor inspectorate itself. They also begin only if a certain number of complaints are collected to the inspectorate against a certain employer.

Unscheduled checks:

They are carried out only upon contacting the labor inspectorate. At the same time, complaints must expose serious violations of labor or other standards. The list of reasons can be found in Article No. 360 of the Labor Code of the Russian Federation. The main reasons for an unscheduled inspection are:

  • Expiration of the period for eliminating violations identified by the previous inspection;
  • Complaints to the labor inspectorate regarding violation of working conditions;
  • Complaints to the labor inspectorate about;
  • Special order from the head of the Inspectorate.

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

  • and contracts;
  • Account books;
  • Internal rules of the organization;
  • Schedules (vacations, days off, overtime, etc.);
  • Orders concerning labor activity;
  • Personal files of employees.

These and many other less important papers will be considered first. Only if violations are found in them can an inspection be expected at the enterprise itself.

The State Inspectorate is authorized to:

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

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

In the title:

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

In the information part:

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

Final part:

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

What should be a correctly written complaint against an employer?

  • Accurate. All facts, dates and circumstances must be described without error. All documents serving as evidence must be complete and reliable. Before filing a complaint against the employer with the labor inspectorate, do not be lazy to check it and the accompanying papers for any inaccuracies;
  • Brief. Don't go into detailed description everything that preceded the violation or occurred only after it. Describe only the minimum volume required;
  • Correct., containing any insults or emotional and incorrect additions will not be considered;
  • Competent. Try not to make mistakes, avoid typos and blots;
  • Full. Be sure to include everything that is required. If there are no facts, the complaint will not be accepted for consideration. Also, do not forget to indicate all data, including your own.

Is it possible to file an anonymous complaint?

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

It is also worth noting that the complaining employee may request a confidential review. However, in practice such a request is not very effective.

How to complain to the labor inspectorate online


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

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

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

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

Many working citizens of the Russian Federation face violations of their powers by their employer. To solve controversial issues concerning the legality of the labor process on the part of the management of organizations, a labor inspectorate was created. When contacting such an inspection, you need to know that the statute of limitations labor disputes no more than three months from the date of discovery of the offense.

Grounds for contacting the labor inspectorate

The current legislation of the Russian Federation provides that in case of violation of workers' rights, any person has the full right to appeal to the labor inspectorate. Since this inspection body is aimed exclusively at restoring the rights of workers.

Workers various organizations can contact the labor inspectorate if labor relations have been documented between them and the management of the enterprise. A complaint may be filed with a regulatory agency for the following reasons:

  • full or partial non-payment of wages. In this case, the current legislation of the Russian Federation provides for criminal liability for the violating employer;
  • failure to provide earned leave. A subordinate has the right to complain against a manager if he does not pay the required compensation for a vacation not taken;
  • inadequacy of working conditions, which may lead to deterioration in the health of workers;
  • non-compliance with legislative documents on labor protection;
  • failure to comply with labor regulations;
  • illegal reduction or dismissal;
  • failure to pay benefits upon settlement;
  • refusal to provide work book at the written request of the employee, or upon his dismissal;
    unjustified refusal to hire, when the employment center provides an applicant with a vacancy at a certain enterprise, and its manager refuses to employ a new employee;
  • refusal to provide the employee with the required benefits provided for by law;
  • Issues related to work and pay on non-working days (weekends, holidays).

The Labor Code of the Russian Federation provides many more reasons for contacting the labor inspectorate. In order for the labor inspectorate to make a decision in favor of the worker, he must, in addition to the application, provide unconditional evidence of existing violations.

Submitting an application and its anonymity

Each region has its own labor inspectorate. Therefore, it is necessary to contact such an institution in the region where the worker’s offense occurred.

Application for non-compliance labor relations can be served in three main ways:

  1. personally. To use this method, the victim of the employer’s unlawful actions must personally appear at the supervisory organization with a complaint (in two copies) and related documents, and submit them to the office. Where inspection workers are required to put the date and incoming document number on the applicant’s copy;
  2. send the application by mail. To be sure that the sent complaint is delivered to the addressee, it must be sent by registered message with notification;
  3. send an application by email. This method is the most convenient and safe. Since all assembled package documents are scanned and sent via the Internet, and the originals remain in the hands of the owner.

Many citizens, when filing a complaint, want to remain anonymous, that is, to anonymously report the violations of the leader. The following reasons may prompt an employee to take such actions:

  • for a working employee - fear for his career. Since the manager, who finds out who initiated the inspection, can demote or fire this employee;
  • for a dismissed employee - fear of any actions on the part of the employer that could result in various unpleasant consequences for the former employee.

However, it must be taken into account that the labor inspectorate does not accept anonymous applications. Therefore, when submitting documents, the applicant will need to provide his information. The only way out of this situation is a written request, included in the complaint itself, for non-disclosure of information to the defendant. You will also need to verbally explain to the inspection staff the reasons for this request.

Submitting an application online

To apply online you need:

  1. login to official page labor inspectorate of the relevant region;
  2. on the website that opens, enter all the required data;
  3. describe issues of concern;
  4. attach a file with a scanned package of documents.

In addition, a necessary condition is a clear indication of exactly what actions the employee expects from the inspection body:

  • verification of the head of the enterprise;
  • initiating administrative proceedings and bringing violators to justice;
  • receiving advice on an issue of interest.

The electronic complaint must include the following information:

  • last name, first name, patronymic of the victim;
  • his address and telephone number;
  • last name, first name, patronymic of the employer; legal and actual address of the enterprise;
  • full name of the organization;
  • circumstances of the violation;
  • further preferred actions in relation to the person who committed the violation;
  • list of attached documentation (scanned copies employment contract, work book, applicant’s passport and others).

You also need to include the date the application was compiled and sent and the signature of the applicant. This complaint is considered within thirty days, after which the applicant should receive a response by email about the measures taken, or a notification about the need to extend the inspection period.

It must be taken into account that complaints that do not contain the necessary information about the applicant or employer, as well as anonymous statements, are not accepted or considered by the government agency.

Application consideration period

The labor inspectorate, like other government agencies, has established deadlines that provide for the receipt of documents, their consideration, taking the necessary measures and giving a written response to the applicant.

Applications to the labor inspectorate must be considered within a month from the date of their receipt. This period can be extended only in cases of certain necessity and for no more than thirty days. If the period for consideration of the complaint is extended, specialists of the inspection body must notify the applicant in writing and indicate the specific reasons for such actions taken.

Inspection Check

There are two types of inspections during which representatives of the labor inspectorate have the right to inspect organizations:

  • scheduled check. Performed in the absence of complaints. Basically, such inspections are carried out on organizations where an emergency occurred or where it was discovered large number violations of regulatory legal acts. Before starting the inspection, the inspector is obliged to notify the management of the enterprise in advance. The notification is drawn up in writing, indicating the start and end dates of the inspection; target inspection. Carried out upon receipt of a complaint. IN in this case,
  • The inspector checks at the enterprise for the presence of violations specified in the application. If they are detected, the authorized person issues an administrative penalty to the violator, and also issues an order of the established form to eliminate the identified offenses. The fulfillment of which the inspector will be required to check during the next inspection.

In addition, a representative of the inspection organization may contact the prosecutor's office, judicial institutions or take other response measures within his powers.

The powers of the labor inspector include:

  • control over compliance with labor regulations by the employer;
  • drawing up, delivering and monitoring the implementation of instructions;
  • control over familiarization of workers with legislative acts on labor protection;
  • bringing the perpetrators to justice;
  • participation in accident investigations; removal from office of unqualified
  • employees of the enterprise;
  • participation in legal proceedings;
  • providing various information to law enforcement agencies.

A complete list of powers, duties and responsibilities of a labor inspector is provided in job description of an authorized person, which is signed by the organization’s lawyer and approved by the first head of the government agency.

Disagreement with the decision made

If the applicant does not agree with the decision made by the inspection body after the inspection, he can challenge it at the legislative level this result. To do this, you need to write a corresponding application addressed to the head of the regional department of the labor inspectorate. If such an action does not bring the expected results, the offender can file a complaint with the main government agency of the labor inspection of the Russian Federation or appeal decision made in court.

Criminal liability

An employer may be held criminally liable if he does not pay wages. cash more than three months.

To do this, an employee who is owed wages must contact the law enforcement authorities with a corresponding statement and a certificate of debt. The employees of which, after conducting an inspection and establishing the fact of a violation, in accordance with Article 145.1 of the Criminal Code of the Russian Federation, will bring the employer to criminal liability.

VKontakte

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

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

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

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

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

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

To contact the labor inspectorate, follow these steps:

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

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

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

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

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

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

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

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

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

1. The first stage is drawing up a complaint.

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

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

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

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

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

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

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

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

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

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

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

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

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

Recommendations for submitting a sample complaint to the labor inspectorate

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

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

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

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

Labor inspection - complaint about non-payment of wages

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

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

1. Introductory introduction.

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

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

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

2. The main part is descriptive.

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

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

3. Conclusion.

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

Examples of requirements may include:

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

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

4. Applications are welcome.

In addition, documents in the form of:

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

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

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:

  1. 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.
  2. 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;
    • Payment of wages is not carried out on time and in in full, there are payment debts;
    • 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, translated to workplace, the conditions of which do not comply with the Labor Code standards.
  3. Violations were committed during dismissal:
    • You were not on time and in the prescribed manner notified of dismissal/downsizing;
    • 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, your employer forced you to undergo “ 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 should 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 in labor agreement were not paid, I was not paid additional payment 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 working week has been introduced for me on an ongoing 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

  1. carry out an inspection this fact and bring those responsible to justice;
  2. ensure changes are made to the work schedule and salary;
  3. 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 your claim that confirm 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 popular list(non-payment of wages, violation of work schedule, discrimination during 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 substantiated 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 labor collective generally. 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 in this case not only the manager, but also the labor protection specialist is found guilty.

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 notification will also contain information regarding your further actions(if we are talking about illegal dismissal, then the notice will describe the procedure necessary for reinstatement in the workplace). 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 create statement of claim, to which attach a notification 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 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.