If your employer commits violations labor legislation, refuses leave, does not pay bonuses or allows delays in 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 Federal service on 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.
These unscheduled inspections by the State. labor inspection should be carried out in the event of complaints from employees about violations of the labor rights of workers.
Therefore, in case of any violations of your labor rights - in case of non-payment by the employer of 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 an online form appeals.
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:
State Labor Inspectorate
Krasnodar city,
Microdistrict Kamvolno-Sukonny Kombinat,
1st Zarechnaya street, 17
from Feodorov Feofan Izmailovich
Krasnodar, st. Sormovskaya, 12, apt. 1
contact phone: 11-11-11
COMPLAINT
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 a 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 to general director Society of Ivanov Efim Solomonovich. 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
- Check the above facts and bring the perpetrators to justice.
- Ensure the exercise of my right to full payment of the bonus in accordance with the concluded employment contract.
What methods of filing complaints to the Labor Inspectorate are there?
Complaints to the Labor Inspectorate can be sent in three ways.
- Personally come to an appointment with a specialist and give him a complaint.
- Send the complaint to the address of the Labor Inspectorate using Russian Post.
- 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:
- 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.
- 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. Second copy of the complaint in this case not used.
- Finally, if you are filing a complaint online, you will have to find the labor inspectorate website, find the link in the “Report a problem” drop-down menu, select one of 11 problem categories (for example, employer liability, change in working conditions, or dismissal), fill out the information , choose what result you expect to get (for example, holding the employer accountable or just getting advice). Thus, submitting an application through the online site is quite simple and convenient. If your category is not on 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 e-mail.
Also choose the purpose of your appeal, that is, do you just want to consult, or do you want to initiate a case against the administration of the enterprise, or initiate an audit of the organization to bring the perpetrators to justice.
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 to the complaint necessary documents– employment contract, etc.
All is ready? Click “Submit Application” and it’s done!
Important additions when contacting the Labor Inspectorate
- 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.”
- You must provide information about yourself (full name, address, telephone number) and this information must be reliable. Otherwise your complaint to labor inspection 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.
- 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 go to 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.
- To speed up the consideration of the issue, you can contact all authorities simultaneously: the Labor Inspectorate, the court and the prosecutor's office.
- 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.
- Attention! If your employer puts pressure on you and persuades you to write a letter of resignation due to at 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.
One of the ways to protect labor rights is to contact the State Labor Inspectorate, for which a complaint is filed with the labor inspectorate. State Labor Inspectorate – government agency, which was created specifically to protect the rights of the employee. And the right to file a complaint with the labor inspectorate is directly provided for by the Labor Code of the Russian Federation. Since labor disputes are very personal in nature, sometimes it makes sense to seek help from the labor inspectorate before going to court.
A complaint to the labor inspectorate can pursue several goals: conducting an unscheduled inspection, clarifying the legislation, taking response measures in the form of a protest, as well as holding the employer accountable for violating labor laws.
Example of a complaint to the labor inspectorate
To the State Labor Inspectorate
in the Zheleznodorozhny district of Yeysk
660049, Krasnoyarsk, lane. Gorky, 37
from Kishineeva Marina Anatolyevna,
address: 660043, Krasnoyarsk, st. Zagorodnaya, 129-73,
Complaint to the labor inspectorate
In the period from September 19, 2016 to December 20, 2016, I was in an employment relationship with Matryoshka LLC (Krasnoyarsk, Svetly Ave., 302, office 8) as an assistant manager with a salary of 20,000 rubles. The employment contract with me was concluded only on September 23, 2016; I was not familiar with the employment order.
In December 2016, my employer forced me to write a letter of resignation of my own free will due to the crisis and reduction in production and jobs. I handed over my resignation letter from December 20, 216 personally to the employer, he signed it, promising to pay the due wages. However, neither on December 21, 2016, nor to this day, have I been paid my wages for December 2016.
In addition, the employer’s actions constitute a violation of labor legislation, namely: the employer, in violation of Art. 129, 135, 148 of the Labor Code of the Russian Federation, I, as an employee, was not actually accrued or paid a mandatory bonus: the regional coefficient established by the resolution of the administration of the Krasnoyarsk Territory of August 21, 1992 No. 311-P, in the amount of 1.3.
Failure to fulfill one's duties established by the labor legislation of the Russian Federation grossly violates the rights of the employee.
Based on the above, I ask you to verify the legality of the inaction of the employer, Matryoshka LLC, regarding non-payment of wages on the day of dismissal, as well as non-payment of the regional coefficient to the official salary in the period from September 19, 2016 to December 20, 2016. I ask you to oblige LLC "Matryoshka" to eliminate the violations of labor legislation. Please inform the applicant about the measures taken.
Application:
- A copy of the employment contract;
- Copies of payslips for September, October, November 2016;
- A copy of the resignation letter.
01/15/2017 Kishineeva M.A.
Why file a complaint with the labor inspectorate?
Any violation of labor legislation, including many mandatory by-laws, will be grounds for contacting the State Labor Inspectorate. Filing a complaint to the labor inspectorate is not mandatory for filing a request for reinstatement, etc. But filing a complaint in such cases may become the basis for bringing the employer to administrative liability.
A copy of the response to the complaint to the labor inspectorate will be valid, and the court will be obliged to evaluate such evidence and take it into account. If the state labor inspectorate does not take response measures, such refusal can be appealed by filing or.
When the situation is controversial and difficult to resolve on your own, a complaint to the labor inspectorate will help you get an explanation of labor legislation and advice. The obligation to consult employees with state labor inspectorates is expressly provided for by the Labor Code. In addition, regarding labor claims, incl. In cases of an employee injured at work, state labor inspectors can act as experts.
How to file a complaint to the labor inspectorate
Of course, violations of labor laws by the employer may differ from the above example. However, in order for a complaint to the labor inspectorate to have the desired consequences, we recommend drawing up a document using the following template:
- name of the state labor inspectorate. This must be an inspectorate in whose jurisdiction the employer is located (at its legal address). If in employment contract the place of implementation is indicated labor function, the complaint is submitted to the inspectorate at this address. The complaint can be addressed either to the manager or in an impersonal form.
- last name, first name, patronymic, telephone number and address of the applicant, place of work. Anonymous complaints to the labor inspectorate will not be considered, this must be taken into account.
- title "complaint". This name allows the attention of civil servants of the labor inspectorate to be focused on the text of the document;
- a brief summary of the circumstances: information about the employer, period labor relations, what specific actions (inactions) became a violation of the employee’s rights, incl. on labor protection issues;
- it is advisable to indicate the articles of laws and regulations that, in the applicant’s opinion, were violated by the employer;
- what specific actions should be taken to eliminate the violations committed.
Important: if the applicant does not want the employer to find out about the fact of filing a complaint with the labor inspectorate, in the text of the application refer to Art. 358 of the Labor Code and ask to maintain confidentiality about the source of the complaint.
So: complaint to the state labor inspectorate:
To the State Labor Inspectorate in the city of St. Petersburg. 198095, St. Petersburg, Zoya Kosmodemyanskaya street, building 28, letter A.
From: FULL NAME., living ( to her) by the address: index, St. Petersburg, _______________ street, d.___, apt.__, tel. ___________.
COMPLAINT
about violation of employee rights
I, FULL NAME., in the period from “____” ______________ 20___ to “____” ______________ 20___ ( or to date), have worked indicate the position in LLC "_______________" (TIN/KPP: ___________/___________); OGRN: ____________, current account ____________, BIC ____________, legal / actual address: index, St. Petersburg, st. ________________, house ______. For the entire period of my labor activity the management of _______________ LLC constantly grossly violated my labor rights, guarantees and interests.
These violations are expressed as follows:
1. I have not received wages from “____” ______________ 20___ to the present, which is a gross violation of the Labor Code of the Russian Federation. I turned to management with a request to give me a salary for the months worked. However, the accountant and the director himself told me that I must write a letter of resignation of my own free will and only in this case will I probably receive my money. They began to put psychological pressure on me, forcing me to write a letter of resignation of my own free will. This fact is confirmed by an audio recording on a CD attached to the application. In a personal conversation, the organization’s accountant does not hide the fact that the organization is acting illegally, but she herself is afraid of being fired and therefore strictly follows the director’s orders about non-payment of wages, since the company has no money.
“____” ______________ 20___ I submitted a notice to the management of the organization that I was suspending work from 9:00 a.m. “____” ______________ 20___ until my wages were paid on the basis of Article 142 of the Labor Code of the Russian Federation. The director ignored this statement.
“____” ______________ 20___ I was called to the enterprise supposedly to receive my salary, but I was given a notice of a reduction in the number of employees. At the same time, severance pay was denied. Payment of severance pay in connection with a reduction in the number or staff of an organization's employees (Part 2 of Article 81 of the Labor Code of the Russian Federation) is regulated by Article 178 of the Labor Code of the Russian Federation. Upon termination of an employment contract due to a reduction in the number or staff, the dismissed employee is paid severance pay in the amount of average monthly earnings, and also retains the average monthly earnings for the period of employment, but not more than 2 months from the date of dismissal (including severance pay).
My salary was never paid for the entire period!
All documents confirming the employment relationship: work book, employment contract are stored in LLC “_______________”, which is a direct violation of the labor legislation of the Russian Federation. Since my work record is at _______________ LLC, I cannot get another job.
In accordance with Article 84.1 of the Labor Code of the Russian Federation, on the day of termination of the employment relationship, the employer is obliged to issue the employee a work book. In violation of the requirements of the above article, I was not given a work book. Failure to issue a work book to an employee upon dismissal is one of the cases of illegally depriving an employee of the opportunity to work. If a work book is not issued to the employee and there is no notification of its sending to the address of the dismissed employee, the employer, in accordance with paragraph 4 of Part 1 of Article 234 of the Labor Code of the Russian Federation, is obliged to compensate the employee for the earnings he did not receive for the delay in issuing the work book to the employee.
Thus, LLC “_______________” (represented by its officials) violated Article 84.1 of the Labor Code of the Russian Federation, and also violated my labor rights and interests.
2. In accordance with Article 37 of the Constitution of the Russian Federation, an employee has the right to remuneration for work without any discrimination. In accordance with Article 136 of the Labor Code of the Russian Federation, wages are paid at least every half month on the day established by the internal labor regulations, collective agreement, and employment contract. In accordance with Article 84.1 of the Labor Code of the Russian Federation, on the day of termination of the employment relationship, the employer is obliged to make a settlement with the employee.
In violation of the above articles, LLC “_______________” systematically delayed and constantly did not pay my salary (it did not pay the entire salary, but only part of it), there were constant delays. As a result, for the period from “____” ______________ 20___ to the present day, I have not received any wages at all. The employer has arrears of wages in the amount of indicate the full amount of the debt in rubles. When I was made redundant, no payment was made to me.
Thus, LLC “_______________” (represented by its officials) violated Article 37 of the Constitution of the Russian Federation, Articles 84.1 and 136 of the Labor Code of the Russian Federation, and also violated my right to receive earnings, guaranteed by the Constitution.
3. In accordance with Article 67 of the Labor Code of the Russian Federation, an employment contract is concluded in writing, drawn up in two copies, each of which is signed by the parties. One copy of the employment contract is given to the employee, the other is kept by the employer. The employee's receipt of a copy of the employment contract must be confirmed by the employee's signature on the copy of the employment contract kept by the employer.
In violation of the above article, I was not given my copy of the employment contract and therefore I am experiencing difficulties in going to court with a claim to recover wages, as well as to collect compensation for other violations of the employment contract concluded with me. Thus, LLC “_______________” (represented by its officials) violated Article 67 of the Labor Code of the Russian Federation, and also violated my labor rights and interests.
Only the most significant violations are listed above. The same applies to other employees. In connection with this circumstance, inspection of the activities of LLC “_______________” by the state labor inspectorate is especially relevant.
I believe that the above actions of officials of LLC “_______________” fall under Article 5.27 of the Code of the Russian Federation on Administrative Offences.
I am asking you for help, because in accordance with current legislation, State Labor Inspectorates receive citizens, consider applications, complaints and other requests from citizens about violations of their labor rights. Carry out state supervision and control over compliance with labor legislation. They consider cases of administrative offenses. Carry out inspections and investigations into the causes of violations of labor and labor protection legislation. Provide employers with binding orders to eliminate violations of labor and labor protection legislation, to restore violated rights of citizens, with proposals to bring those responsible for these violations to disciplinary liability or to suspend them in the prescribed manner from office. Persons guilty of violating the legislation of the Russian Federation on labor and labor protection are brought to administrative responsibility.
Based on the above and in accordance with Art. 84.1, 67, 136, 234 Labor Code of the Russian Federation, 5.27, 23.12 Code of Administrative Offenses of the Russian Federation, Art. 37 of the Constitution of the Russian Federation,
Ask:
1. Conduct an investigation into this complaint and, if violations of the legislation of the Russian Federation are detected in the activities of LLC “______________” or officials of this organization, bring the perpetrators to administrative responsibility;
2. Oblige LLC “______________” to restore the violated right by returning my work book;
3. Oblige LLC “_____________” to pay me wages for the period from “____” ______________ 20___ to “____” ______________ 20___ in the amount of _________ rubles;
4. Oblige LLC “______________” to compensate me for lost earnings for the period from “____” ______________ 20___ to “____” ______________ 20___ in the amount of _________ rubles for illegal deprivation of the right to work due to non-issuance of a work book;
In the process of labor relations between employees and the employer, the most vulnerable party is worker. Sometimes, even if the boss violates certain rules of the law, people are afraid to complain anywhere, because they believe that such an action will not bring any benefit, and, in the end, they will remain the injured party.
Who compiles and in what cases
You can complain about violation of your rights in the process of work to such authorities as Labour Inspectorate, prosecutor's office or submit an application to court.
First of all, it is worth starting with an organization whose activities are directly aimed at regulating the relationship between the employer and employees, as well as monitoring compliance with all established by law normal
Most often, the reason for filing applications with the state labor inspectorate is gross violation of workers' rights. The main cases that are the basis for appeals are following:
- Delay of wages. It is worth noting that even a delay of one day can serve as a basis for filing an application, although in practice employees still delay such action because they hope for payment and, on the other hand, are afraid of ruining relations with their employer.
- Refusal to pay allotted funds to pregnant women going on maternity leave. In addition, many employers even force them to resign almost immediately after they inform the employer of their situation.
- Violation of the principles of settlement with employees who quit. In this case, there may be untimely transfer of due payment, lack of funds for unused vacation etc.
Reasons
It is worth noting that in order to file a complaint with the relevant authorities, it is necessary to have grounds that are provided for by the labor legislation of the Russian Federation. Only in this case can the application be accepted for consideration and, as a result, any measures can be taken.
Such grounds may include following.
Violations of required procedures that must be carried out when hiring:
- the employer’s refusal to sign an employment contract with the employee;
- when hiring a pregnant woman, installation probationary period, although such an action is prohibited by law;
- the possibility of imposing any fines is in order disciplinary sanctions, while refusing to provide the internal procedure of the enterprise, according to which the amount will be deducted from wages.
Employer's actions related to employee discrimination:
- refusal to provide the employee with annual leave due;
- delays in wage payments;
- refusal to pay compensation or any charges due for processing;
- in the event of an employee’s illness, actions on the part of the employer to force him to take leave at his own expense in order not to pay him social guarantees in the future;
- Forcing an employee to work overtime or complete tasks on weekends.
Violations of the established procedure upon dismissal:
- failure to comply with the deadlines within which the employee must be notified;
- refusal to pay the remainder of wages after the employee is fired;
- Incorrect payment calculation to intentionally reduce the employee's payment;
- refusal to issue a work book after termination of the contract.
What is important to consider
When submitting an application, you must take into account the following: factors:
- appeal only in cases where rights are actually violated;
- the need to provide any documentary evidence;
- in the event that by its actions the employer violates not only your rights, but also those of many other employees, the best option a collective complaint will be filed;
- when sending an application, the employee must be completely sure that no violations were committed on his part labor order, which became the reason for certain actions of the employer (otherwise, the subject of the complaint itself may turn out to be unfounded, and it will not be accepted for consideration).
Filing a claim
When filing a claim, especially if it is being filed for the first time, it would be a good idea to consult or seek advice from persons competent in such matters.
Alternatively, during a direct visit to the labor inspectorate, to which the employee intends to send his complaint, you can ask questions to the service specialist and consult about the legality of the complaint, the documents required to be provided, as well as how best to draw up the document and what facts are in it indicate.
Required data and documents
It is worth noting that the text of the claim itself must be drawn up as clear and understandable as possible– it is not allowed to write phrases and sentences that can be interpreted in two ways. In addition, it will be necessary to indicate such intelligence:
- What specific norms or laws did the employer violate?
- It is necessary to have a reference to those articles of the law that determine the subject of the application - it is not enough to simply indicate that the boss violated the Labor Code.
- In what specific period were the employee’s rights violated (date or month for which, for example, wages were not transferred, etc.).
- What explanations for the current situation come from the employer, what does he refer to.
- In the event that the violation of rights is related to payment for work or its absence (it does not matter whether it is the basic salary, bonus, vacation pay), its amount must be indicated. Moreover, if the amount consists of several periods, then it is better to describe each of them separately.
- Indicate, if any, what consequences such violation of rights had for the employee. Of course, if possible, provide evidence.
When writing such applications, there are no strict requirements regarding the provision of a specific package of documents. Their list will depend solely on the subject of the complaint, as well as on the circumstances that existed at the time or during the period when the employee’s rights were violated.
As an example, the package of documents can be presented in the following form:
- identification document of the applicant;
- a work patent or visa if the employee is a citizen of another country;
- employment history;
- an employment contract, on the basis of which the complaint itself can be made: perhaps some clauses drawn up in violation of the law, or, conversely, those parts and wording that were violated by the boss or employer;
- sick leave and an extract for leave at your own expense for the same period;
- pay slips that were issued when transferring wages;
- an account statement to which the employer transfers wages and funds for other items for the employee;
- a dismissal order that the employee intends to challenge.
It is better to provide all the listed documents in the form of photocopies, since the originals themselves may be needed in further proceedings (possibly even in court).
How to compose
When drawing up an application, one of the requirements is indication of such data:
- the name of the territorial inspectorate to which the complaint is submitted;
- Full name of the inspector for whom the complaint is intended;
- Full name of the applicant;
- the name of the appeal - is it an application or a complaint;
- the essence of the completed application;
- date of registration and transfer to the inspection;
- applicant's signature.
Anonymity
Most workers are hesitant to apply because they are afraid of either losing their job or fearing retaliation.
In this regard, many people have a question - Is it possible to write an anonymous complaint and thus hide your identity?
According to the current legislation, those documents that do not indicate the name of the applicant the labor inspectorate has the right not to consider.
Alternatively, you can indicate your name, but indicate in the text of the complaint that you ask, when checking the information provided, not to disclose your name to the employer and other persons who may be associated with him.
Collective and private
When submitting an application to the labor inspectorate, it is worth realizing that, in principle, employees of this service should react equally to both an application with one author and a complaint authored by several people.
However, in practice, complaints filed and signed by the whole team have much greater effect, since in this case there is already a violation of workers’ rights on a larger scale.
Via the site
Is it necessary for an employee who wishes to submit an application to personally visit the labor inspectorate or is it possible to send the document in some other way? With the help of a special service onlineinspektsiya.rf, which was launched by Rostrud, it is quite possible to file a complaint online.
To perform this action, you should make sure in advance that all attached documents are available in electronic form - their scanned copies or photographs.
Deadlines
After employees file complaints, the time frame for their consideration may be next:
- If the submitted complaint does not require additional verification, in this case the deadline does not exceed 15 days.
- If the application relates to wrongful dismissal, then it must be considered within 10 days.
- If, in order to respond to the filing of a complaint, it is necessary to take additional measures, the consideration period is 30 days.
- In the event that an extended inspection is required to clarify all the circumstances of the case, the period will be 2 months.
Consequences of consideration
As a result of consideration of the submitted complaint, consequences may be next:
- Refusal to satisfy demands. In this case, you should find out the reason - you may need to provide the necessary documents.
- Conducting an inspection in the organization whose employee sent the complaint.
- Full or partial (within the law) satisfaction of the employee’s requirements.
- Transfer of case materials to the court, if required by the procedure for considering certain complaints.
Disagreement with the decision
If the decision made does not suit the employee who submitted the application, you can proceed in the following way:
- submit an application to a higher authority - this can be the republican, regional or regional labor inspectorate;
- filing an application with the court;
- appeal to the prosecutor's office.
Liability and fines
If a labor inspector, during a fact check, discovers that violations have taken place, the following measures can be taken:
- Drawing up instructions to the employer to eliminate existing violations.
- Imposition of a fine on the employer. The order of imposition will be determined in accordance with the Code of Administrative Offenses, and it will also be in the amounts that will be indicated in the relevant article. In addition, such fines can be applied not only to the employer, but also to those officials who allowed such a fact.
- In some severe cases, criminal prosecution is also possible.
Completed sample
If you need to draw up a complaint to send it to the labor inspectorate, you can use the given example of a completed sample, on the basis of which you can draw up your document.
The right to write a complaint against an employer is given by the Labor Code of the Russian Federation, while the State Labor Inspectorate:
- receives and considers letters, applications, complaints, as well as other requests from citizens indicating violations of their labor rights;
- takes the necessary measures to eliminate violations, as well as restore violated rights.
In accordance with this article, an employee may submit an application for consideration of a complaint to the labor inspectorate after the employer has violated any of his labor rights. What are these cases of violation of labor laws, for example:
- wages are not paid on time or are not paid in full;
- overtime or night work is not paid;
- the employer does not notify you in writing about the components of your salary (a pay slip is not issued);
- the salary is not paid on the day of dismissal of the employee;
- a work book is not issued to the employee on the day of dismissal;
- a copy of the employment contract was not provided;
- the employment contract does not establish the days for payment of wages (at least every half month) and does not indicate the terms of payment: the size of the tariff rate or the employee’s salary; additional payments, allowances, incentive payments;
- workers are not familiar with the results of the occupational safety and health standards in the workplace;
- based on the results of a special assessment of working conditions for workers engaged in heavy work, work with harmful and dangerous working conditions, no compensation has been established;
- workers are not provided with personal protective equipment,
It must be remembered that not only an employee can file a complaint with the labor inspectorate, but also any citizen, for example, who believes that he was illegally not hired. A private complaint from a citizen is the basis for an unscheduled inspection of the employer ().
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How to contact the labor inspectorate to file a complaint?
To do this you need to follow these steps:
- Find out the address of its territorial department.
- Draw up a complaint according to the sample, indicating a violation of labor rights.
- Attach documents that support the arguments stated in the complaint.
- Send a complaint to the labor inspectorate by registered mail or bring it in person to the labor inspectorate reception
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Labor Inspectorate, How to correctly draw up a complaint according to the sample?
It is very important that when writing a complaint, it must contain the following information:- the name of the territorial representative office of the labor inspectorate to which the appeal is sent, or the last name, first name, patronymic of the head, or simply his position;
- last name, first name, patronymic, as well as address of the citizen who submits the appeal;
- arguments, indications of violation of labor rights, according to labor code, suggestions, statements or complaints;
- personal signature and date.
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Time limits for consideration of complaints and applications
A written appeal, filing a complaint with the labor inspectorate, is subject to consideration in thirty days period from the date of its registration. In special cases, this period can be extended, but not more than by 30 days.
What are the benefits of filing a complaint against an employer?
Based on the results of checking the arguments specified in the appeal, inspectors can:
- issue an order to the employer demanding that the violations be eliminated;
- bring him to administrative responsibility;
- suspend the operation of the organization, its individual structural divisions or equipment;
- suspend personnel or individuals from work in cases prescribed by law;
- send relevant material to law enforcement agencies in order to bring individuals to criminal liability.
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Sample complaint to the labor inspectorate against an employer
Head of the State Labor Inspectorate
By _________________
Full Name
from Last Name First Name Patronymic
lived Grad, Grazhdanina st., 777, apt. 999
tel.***-***-0000
Application to the labor inspectorate
I, Last Name First Name Patronymic, worked at X-Employer LLC, INN *************, OGRN *************, located at the address: CITY, street STREET, building. 777, reception phone number 000-***, HR department ***-000, 06.22.20xx was dismissed under Article 81, paragraph 2 of the Labor Code of the Russian Federation “staff reduction”.
On June 22, 2020, as an unemployed unemployed person, he applied to the employer for benefits for the second month, in accordance with clause 1. I was presented as evidence Employment history with the last record of dismissal under clause 2 - 06/22/20xx.
This employer still has not paid me the state-guaranteed payment for the second month of employment.
I ask you, in connection with systematic violations of the law, to consider the issue of administrative punishment of the employer.
Date signature /Last name/
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Filing a complaint to Rostrud via the Internet
A citizen can submit a complaint to the labor inspectorate via the Internet by entering his data in the entry form. All this is carried out on the basis of the Procedure for a citizen to contact Rostrud through public information systems and receive an answer to the questions posed.
Important!
Before sending a letter to Rostrud by e-mail, you must familiarize yourself with the procedure for consideration when filing a complaint and receiving a response.
1 . In his appeal, a citizen must indicate his last name, first name, patronymic (the latter if available), postal and/or email address to which the response or notification of forwarding of the appeal should be sent, outlines the essence of the proposal, statement or complaint, and sets the date .
2 . If necessary, in support of his arguments, the citizen attaches documents and materials in electronic form to the appeal.
3 . The received appeal is considered in the manner established Federal law dated May 2, 2006 No. 59-FZ “On the procedure for considering appeals from citizens of the Russian Federation.”
The response to the appeal is sent to the postal or email address specified in the appeal. If you do not have a postal or email address, to which the response or notice of redirection filed should be sent the complaint is not considered.
Maximum terms for consideration of an application:
Registration – 3 days;
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Address of the labor inspectorate in Moscow
Personal reception of citizens and organizations: Wednesday 10.00-17.00 (lunch 13.00-14.00)
st. Marksistskaya, 24, building 2
Personal reception of citizens at st. Marksistskaya, 24, building 2 will be carried out exclusively by appointment ("electronic" queue). You can sign up in the “Pre-registration” section of the portal “ONLINESPECTSIYA.RF”.