Complaint to the labor inspectorate - sample complaint. How and where to complain about an employer? Labour Inspectorate

If an employer violates your labor rights, then you have the opportunity to contact labor inspection 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 relation to the norm of the three hundred and fifty-sixth article Labor Code The Russian Federation created a labor inspectorate for state purposes. 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:

performance extra work, which 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 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, upon receipt of 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 certify this fact with your 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 contacts regional office labor inspection. All Required documents, are attached to the letter to in electronic format.

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 the facts of violation legal discipline, if they have been 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 describes in detail the essence of the problem. 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 the receipt is made wages on 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 the labor code and certain of its 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.

The applicant was hired as a sales consultant in the organization. The applicant was dismissed due to at will. However, to date, the applicant has not been paid wages and has not been issued a work book. The applicant requests that this complaint be considered on its merits. Restore the violated rights of the applicant and bring the perpetrators to appropriate responsibility.

To the State Labor Inspectorate
G. _________,
address: ______________________

____________________________
address: ______________________

COMPLAINT
On the ___________ year, I, ___________, was hired as a sales consultant in the spare parts department of LLC "________", which was recorded in the work book, and is confirmed by an employment contract dated _________, with official salary in the amount of _________ rubles.
After concluding the employment contract, I performed my job duties in good faith. For the entire period of implementation of its labor responsibilities any comments on the work and disciplinary sanctions did not have. Nevertheless, my rights were violated by the employer.
So, by order dated ________, I was dismissed at my own request. However, until now I have not been paid my wages and have not been given a work book.
In accordance with Article 140 of the Labor Code of the Russian Federation, upon termination of an employment contract, payment of all amounts due to the employee from the employer is made on the day the employee is dismissed. If the employee did not work on the day of dismissal, then the corresponding amounts must be paid no later than the next day after the dismissed employee submits a request for payment.
In accordance with Art. 140 of the Labor Code of the Russian Federation, on the day of dismissal, your company must pay all amounts that are due to me from the employer, including arrears of wages.
To date, wage arrears for ___________ years amount to __________ rubles.
Repeated requests for payment of debts during my work have been answered by the employer in a rude manner, which can be considered as an unjustified refusal to pay the money due to me.
I believe that the actions of LLC “________” are aimed at violating my rights guaranteed by Art. 21 of the Labor Code of the Russian Federation, and for failure to fulfill those imposed on you by law, Art. 22 of the Labor Code of the Russian Federation, duties.

So, in accordance with Art. 21 of the Labor Code of the Russian Federation, an employee has the right to:
conclusion, amendment and termination of an employment contract in the manner and under the conditions established by the Labor Code and other federal laws;
timely and full payment of wages in accordance with their qualifications, complexity of work, quantity and quality of work performed;
complete reliable information about working conditions and labor protection requirements in the workplace;
protection of your labor rights, freedoms and legitimate interests by all means not prohibited by law;
resolution of individual and collective labor disputes, including the right to strike, in the manner established by the Labor Code and other federal laws;
compensation for damage caused to him in connection with the performance of his job duties, and compensation for moral damage in the manner established by the Labor Code and other federal laws.
In turn, in accordance with Art. 22 of the Labor Code of the Russian Federation, the employer is obliged:
comply with labor legislation and other regulatory legal acts containing standards labor law, local regulations, terms of the collective agreement, agreements and employment contracts;
provide workers with equal pay for work of equal value;
pay in full the wages due to employees within the time limits established in accordance with the Labor Code, collective agreement, internal rules labor regulations, employment contracts;
compensate for harm caused to employees in connection with the performance of their labor duties, as well as compensate for moral damage in the manner and under the conditions established by the Labor Code, other federal laws and other regulatory legal acts of the Russian Federation;
perform other duties provided for by labor legislation and other regulatory legal acts containing labor law norms, collective agreements, agreements, local regulations and employment contracts.
I would like to note that the law provides for liability for violation by an employer of an employee’s rights.
According to Art. 142 of the Labor Code of the Russian Federation, the employer and (or) those authorized by him in in the prescribed manner Representatives of the employer who delayed payment of wages to employees and other violations of wages are liable in accordance with the Labor Code and other federal laws.
In accordance with Art. 236 of the Labor Code of the Russian Federation, if the employer violates the established deadline for payment of wages, vacation pay, dismissal payments and other payments due to the employee, the employer is obliged to pay them with interest (monetary compensation) in the amount of not less than one three hundredth of the Central Bank refinancing rate in force at that time of the Russian Federation from unpaid amounts on time for each day of delay starting from the next day after the established payment deadline until the day of actual settlement inclusive. The amount of monetary compensation paid to an employee may be increased by a collective agreement or employment contract. The obligation to pay the specified monetary compensation arises regardless of the employer’s fault.
According to Part 1 of Art. 145.1 of the Criminal Code of the Russian Federation, non-payment of wages, pensions, scholarships, allowances and other payments established by law for more than two months, committed by the head of an organization, an employer - an individual out of mercenary or other personal interest - is punishable by a fine in the amount of up to one hundred twenty thousand rubles or in the amount of wages wages or other income of the convicted person for a period of up to one year, or by deprivation of the right to hold certain positions or engage in certain activities for a term of up to five years, or by imprisonment for a term of up to two years.
In accordance with Art. 362 of the Labor Code of the Russian Federation, managers and other officials of organizations, as well as employers - individuals those responsible for the violation labor legislation and other regulatory legal acts containing labor law norms are liable in cases and in the manner established by the Labor Code and other federal laws.
In accordance with Art. 419 of the Labor Code of the Russian Federation, persons guilty of violating labor legislation and other acts containing labor law norms are brought to disciplinary and financial liability in the manner established by the Labor Code and other federal laws, and are also brought to civil, administrative and criminal liability in the manner established by federal laws.
In accordance with Article 352 of the Labor Code of the Russian Federation, one of the main ways to protect the labor rights and legitimate interests of workers is state supervision and control over compliance with labor legislation.
According to Article 353 of the Labor Code of the Russian Federation, state supervision and control over compliance with labor legislation and other regulatory legal acts containing labor law norms in all organizations on the territory of the Russian Federation is carried out by federal labor inspection bodies.
State supervision of compliance with the rules for safe work in certain industries and at some industrial facilities, along with the federal labor inspection bodies, is carried out federal authorities executive power for supervision in the established field of activity.
In accordance with Article 356 of the Labor Code of the Russian Federation, in accordance with the tasks assigned to them, the federal labor inspection bodies exercise the following main powers:
carry out state supervision and control over compliance in organizations with labor legislation and other regulatory legal acts containing labor law norms, through inspections, surveys, issuing binding orders to eliminate violations, and bringing those responsible to justice in accordance with federal law;
receive and consider applications, letters, complaints and other requests from employees about violations of their labor rights, take measures to eliminate identified violations and restore violated rights.
Based on the above, guided by the legislation of the Russian Federation, in particular Art. 21, 22, 140, 142, 234, 236, 237, 362, 419 of the Labor Code of the Russian Federation, Art. Art. 151, 1099-1101 of the Civil Code of the Russian Federation, Part 1 of Art. 145.1 of the Criminal Code of the Russian Federation,

1. Consider this complaint on its merits.
2. Conduct an inspection of LLC “__________” (legal address: _____________________________; actual address: _________________________________ general director - ___________) based on the facts I indicated, restore my violated rights and bring the perpetrators to appropriate responsibility.
3. Respond to this complaint as soon as possible.

Applications:
1. Copy of the claim
2. Copy of the employment contract

" " ________________G. ___________/___________/

Many working citizens of the Russian Federation face violations of their powers by their employer. To resolve controversial issues regarding legality labor process a labor inspectorate was created by the management of the organizations. When contacting such an inspection, you need to know that the statute of limitations for labor disputes is 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 of 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 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 in 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:

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;
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;
send an application by email. This method is the most convenient and safe. Since the entire collected package of documents is 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:

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

Besides, 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 following information must be included in the electronic complaint:

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 of the employment contract, work record 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 email applicant, there should be a response about measures taken, or notification of 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, as well as other government agencies, has defined deadlines that provide for the receipt of documents, their consideration, and acceptance 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. Renew given period can 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 a large number of 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 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 manager regional office labor inspection. 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 judicially.

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.

In contact with

An organization that protects the rights of citizens in terms of labor relations and provides the parties to the employment contract with information about existing standards, called labor inspection. Any dispute based on violations of Russian labor legislation can be resolved if the complaint against the employer to the labor inspectorate is justified and filed in accordance with all the rules.

Where to file a complaint against an employer?

The answer is clear - you need to complain to the labor inspectorate.

The labor inspectorate is the same body state supervision, which can help you. He monitors the implementation of the norms and rules of the Labor Code of the Russian Federation in each individual organization that conducts its activities officially and in accordance with the laws of the Russian Federation.

If you work in an organization that is not registered in any way, conducts its activities illegally and, accordingly, you are not registered in it, then you can contact the prosecutor or the Ministry of Internal Affairs with your complaints.

Private and collective complaints to the labor inspectorate

An application to the territorial body of the state labor inspectorate (hereinafter referred to as GIT) can be sent by any citizen whose rights have been violated. You don't have to be an employee of the company to do this. For example, this could be a person who has already terminated employment contract or someone who he believes was unfairly denied employment.

You can also write a complaint to the labor inspectorate collectively - this will add weight to the statement, since it will reflect the opinion of several people at once.

Anonymous complaint to the labor inspectorate

Attention: anonymous applications are not accepted by the inspectorate. But, if an employee is afraid of persecution or prejudice from a manager, how can he complain to the labor inspectorate without harming his career? You should know that the state inspector must protect a secret protected by law if the applicant himself objects to its disclosure.

What does the labor inspectorate check?

If, on the basis of a complaint, an inspection is carried out by the labor inspectorate, what is checked and what events can provoke it depends on the nature of the violations.

It could be:

delay or non-payment of wages, compensation (calculated) payments upon dismissal;
violation of the work schedule or vacation schedule, failure to provide breaks from work for rest;
cases of industrial injuries, non-compliance with safe work standards;
incorrect calculation of sick leave payments and other insurance payments;
failure to provide a position provided for by the labor contract (employment contract) or provision of a position that does not correspond to that specified in the contract, other violations of labor rights.

Powers of the labor inspectorate

GIT has the right to perform the following functions:

control over the strict implementation of labor legislation;
consideration of cases and drawing up protocols (within the scope of authority) on violations of an administrative nature;
issuing orders on the need to eliminate violations, preparing various documents to bring violators to justice;
forwarding the collected information to regional executive authorities, courts, and law enforcement agencies.

Contacting the labor inspectorate

Deadlines for filing and consideration of a written complaint

The possibility of contacting the labor inspectorate is limited to 3 months starting from the day the employee learned of the violation. For disputes regarding dismissal, the period is 1 month from the date of receipt of the documents. If you are late to go to court (the deadline is 1 month), the employee can safely write a statement to the labor inspectorate against the employer about the legal violation that has occurred. Even if there are legal proceedings in the case, the State Tax Inspectorate can also conduct an investigation.
To confirm receipt of the complaint, the inspector must endorse the complainant's copy. He is obliged to give a response to the filed complaint within 30 calendar days. The response time may be increased if there are good reasons, about which the applicant must be warned. The response is sent to the address (electronic or postal) specified in the appeal.

Attention: If the sender’s coordinates (address, last name) are not included in the complaint, then it will not be considered.

Ways to file a complaint

A person has the opportunity to choose how to complain to the labor inspectorate about an employer in a way convenient for him:

Visit the territorial office of GIT;
Use postal services and send your request by registered mail;
Fill out the online form on the official website of the labor service and attach the necessary documents electronically online - //onlineinspektsiya.rf/problems

How to contact the inspectorate

How to write to the labor inspectorate for an employer and where to start:

Determine the address of the inspectorate responsible for your employer (as a rule, the division occurs territorially), and if you have a small city, then GIT - 1 per city;
Draw up a complaint that will contain complete information about violations of legal rights;
Attach copies of documents confirming your identity, as well as the stated facts;
Take advantage convenient form submission of documents.

How to write an application to the labor inspectorate (sample)

There is no unified application form, but it must be compiled in such a way that the information it contains can reflect the current situation. Let's consider the data that must be indicated in the complaint:

Name of the territorial labor inspection body, full name its leader, position.
Full name of the complainant;
The applicant's address for receiving a response;
Name and address of the working enterprise;

The explanatory part states:

The applicant’s position, date of acceptance/dismissal from work (if these events took place)
Facts and arguments directly indicating a violation of labor legislation, the result of an appeal to the manager and attempts made to resolve the issue;
Expressing your point of view on options for solving a problem;
Date of application, signature.

The complaint specifically indicates detailed circumstances, dates, names of citizens involved in the violation of the law, and also refers to documents (copies must be attached to the application) that are important for the consideration of the case. For example, an application to the labor inspectorate about non-payment of wages will contain information about the planned and actual date of payment of wages, and methods of calculation. Only the facts are indicated, without describing events that are in no way related to the case. The complaint is accompanied by copies of documents confirming the applicant’s identity, employment or dismissal, etc. A sample application to the labor inspectorate can be viewed and downloaded for review.

Consequences of consideration of the complaint

As a result of your complaint, at the end of the investigation, a report is drawn up. If the facts are confirmed, the employer faces the following consequences— GIT has the right to react as follows:

issue an order to further eliminate violations;
draw up a protocol (within the powers) on administrative violations;
suspend an employee or personnel of the organization from work;
prepare documents on bringing labor law violators to justice;
provide relevant information to local authorities, law enforcement agencies, and the court;

If you write a complaint to the labor inspectorate against an employer for violations that are not within the powers of the State Labor Inspectorate, then within one week it will be sent to the authorities that deal with these issues. In this case, the applicant is notified that the application has been forwarded.

After studying the circumstances of the case, the applicant is sent a written response about the results of the inspection. It provides an explanation of whether the violations have been confirmed and what measures have been taken against the manager. If it is not possible to solve the problem within the competence of the labor inspectorate, then the citizen is explained the options further actions provided by law to restore his rights. The results of the inspection can be used as an argument in court.

Citizens have the right to challenge the decision by filing a complaint with the higher management of the State Tax Inspectorate or appeal to the prosecutor's office and court. If the applicant is not satisfied with the complaint to the labor inspectorate against the employer, a sample document for applying to higher authorities to recognize the decision of the State Labor Inspectorate as illegal can be downloaded here.

Lawyer at the Legal Defense Board. He specializes in administrative and civil cases, compensation for damages from insurance companies, consumer protection, as well as cases related to the illegal demolition of shells and garages.

Hello, my wife has not been paid maternity leave for a month, although by law the employer is obliged to calculate the amount of maternity leave within 10 days after writing the application and pay on the next salary date, but this does not happen, they answer that they cannot raise money and there is barely enough to pay employees. Tell me the complaint How will the labor inspectorate correct the situation?

Irina 18:19 | 12 Mar. 2017

Good afternoon. I worked for a cleaning company for a month in January. At first, the manager delayed concluding an agreement with me. As soon as January ended, he told me that they no longer needed me and that everything would be paid for me. Next, he blocked my phone numbers so that I could not reach him. During my work there was not a single complaint against me. I managed to scan the sheets from the journal where I kept notes about my completed work. At the hostel where I cleaned during the evening shift, the janitors can confirm that I worked for a month for cleaning. Can I contact the labor inspectorate so that this company can be punished for violating my rights by not concluding an agreement with me, thereby deceiving me and not paying me the promised payment? Thank you.
- Lawyer 21:34 | 12 Mar. 2017
  
  Irina, hello. The legislation allows the start of labor relations without drawing up an employment contract on the basis of an oral agreement. However, a time limit is established - 3 days from the date of commencement of work the TD must be signed (Article 67 of the Labor Code of the Russian Federation). Allowing an employee to work without a TD for more than three days is a violation of the law. Those who have received admission are subject to administrative, civil or criminal liability depending on the severity of the offense (Article 67.1 of the Labor Code of the Russian Federation).
  
  You have the right to file a complaint with the Labor Inspectorate. TI will conduct an audit of the company’s activities, and if it finds confirmation of the fact that an employee was hired without concluding contracts, hold the organization’s administration accountable. The actual work of an employee without registration of a TD is also subject to payment, as when concluding an agreement. But in order to receive the expected salary, you will need to prove that these were the conditions in force at the time of your work.
  
  To actually receive arrears of wages, including compensation for delays, we recommend going to court. Detailed algorithm described on the site. In court, you will need to prove the existence of an employment relationship with the defendant. Written evidence and witness statements are suitable for this. And to justify the amount of claims, it is necessary to provide confirmation of specific amounts. Witness testimony about the amount of another person's salary cannot be taken into account by the court.
Good afternoon, please advise how to draw up an application to the labor inspectorate. The situation is this: Got a job in 2009 commercial organization, with an official salary and worked for 5 years with virtually no vacation, took 1 week a year, but at the same time formalized study leave, provided the necessary documents for its registration (although almost the entire vacation was at the workplace, but that’s not the point.). In general, after 5 years I went on maternity leave, returned after 3 years, the director was not happy with me, he reduced my rate from my previous salary, I lasted six months and quit. I was waiting for the final payment more than ever, because... for 3.5 years a good amount should have been obtained. But when I received it, I was only compensated for 8 days of vacation for this half a year, when I had already worked after maternity leave. They said: “say thank you, at least you paid me something.” This was explained by the fact that allegedly the previous accountant incorrectly issued my vacation. Although before going on maternity leave, just in case, I rewrote all the information about my accruals. The labor inspectorate tells me that they have little authority to prove anything, try to resolve everything peacefully. But I’m assuming that they don’t want to bother themselves once again. Please advise how to draw up an application, what documents and data to request for verification? And maybe I need to try to restore some documents or will there be no point? Also, in my personal file, I briefly noticed an application written not in my hand and I assume that they will attach fake statements.
driver 09:23 | 27 Sep. 2017

Hello! I worked in the organization for almost 4 years. The working hours were from 6.30 to 22.00. For 15 and sometimes more hours, sometimes until the morning hours. There was no regulated break for lunch and dinner, we ate as best we could, then in the car what happened they took with them some pies, etc. I worked as a driver “for the family” but was officially registered at the enterprise. Now I was “asked” and I quit of my own free will. They issued certificates, labor compensation, compensation for unused vacation and calculation. Calculation of working time in the time sheet was indicated by 11 hours. Based on this, can I request a recalculation of working time based on the waybills that are at the enterprise?
Maria Polyanskaya 00:04 | 28 Sep. 2017

Hello! On September 12 I wrote a letter of resignation for September 25. I was suspended from work without reason and without orders. I never received a payout or a work report. What documents must be attached to file a complaint with the prosecutor's office and the labor inspectorate?
Marina Zholobova 08:37 | 09 Nov. 2017

Hello. I work in kindergarten educator. For a long time, there has been a tense situation in the team, constant conflicts involving one person (working as technical staff). The person does not respect any subordination with anyone at all. Constant reports and statements from teachers and nurses do not give any result. The matter came to my attention, we had a big conflict with ... I wrote a report addressed to the manager. The manager, in turn, forwarded this report to the dispute resolution commission, of which I was the chairman. By agreement with the members of the commission and the head, another person was temporarily appointed. But when I was invited to the commission, it turned out that the participant in the conflict arbitrarily appointed her sister as the chairman of the commission, the cat also works in this institution. They did not provide me with any official paper. During the meeting, various name-calling was addressed to me, threats that they would not let me work for a long time and it would be better for me to quit, etc. It is not clear for what reasons the manager did not respond in any way. I believe that my rights were violated, as I had to quit because of one person, since it was impossible to work.
Hello! My name is Natalya. I have been on long-term sick leave since March 15, 2017, after a major operation, but from 09/07/2017 to 10/27/2017 I have not been paid anything yet. I asked the accounting department why they had not paid me temporary disability benefits for so long. They told me that they had long ago transferred the sick leave certificates to the Insurance Fund. But today is November 13th and I am still without money. Please advise what I should do. Can statements or complaints against the chief accountant be written to the Insurance Fund? And leave the same statement in our accounting department of the education department?
Hello. I work as an ophthalmologist on a mixed appointment. I receive a salary for completing 1 rate and incentive payments for medical work, as well as for fulfilling the plan for another 0.5 rate. To date, I have completed 1.5 acceptance rates. Another month of work lies ahead. I have it installed work time according to the timesheet 6 hours 36 minutes. It often happens that patients wait in line until the last one. I don't get paid overtime. And the chief doctor made it clear that I would not receive payment beyond the norm I had fulfilled. Do I have the right to refuse patients coming to see me without an appointment, of course, except in emergency situations? And can I file a complaint against the manager for an unpaid appointment beyond the norm?
Hello.
During the period of work in the store, 18 days of compensatory leave for working on holidays and 278 hours of forced overtime were accumulated. The management refused to pay for overtime hours and work on holidays after the fact, citing the fact that they can only take time off. But when asked to agree on time off, there was always a reason for refusal, such as: it’s high season, shortage of staff, poorly trained staff (trainees), etc. We agreed (orally) with the management that upon dismissal, all assigned compensatory days and overtime hours would still be counted.
The time has come to write a letter of resignation of one's own free will and, accordingly, to work for 14 days. Of the 18 days off for work on holidays, only 3 days were agreed upon, because... they were of the current year 2017, and the remaining 15 days and 278 hours burned out, because... were for the period 2014-2016. In response to my words about the illegality of these actions and the request to provide a written refusal, the phrase was said: there will be evidence that they worked on these days, there will be a further conversation. After I reminded them that all this data was stored with them, they said that all this data was burned and could not be restored.
I have saved all the work schedules, taking into account overtime and work in holidays, but most of them are in electronic form (without signatures and seals).
What do i do? Please help us restore justice.
Hello! I worked at a municipal unitary enterprise for 14 years. 3 years ago, as part of optimization, municipal unitary enterprises of nearby areas were merged into a regional joint-stock company. Recently it turned out that in different areas there were different salaries for workers of the same position. Now we all ended up in the same organization, but our salaries were not equalized. Is this a violation? If yes, where can I complain? (the manager answers our questions only with promises, but the matter does not move forward).
Good afternoon. The employer closed the store where I worked as an administrator and made an order to move me to other stores, made several orders.
Now the situation has developed that the employer calls me every day and forces me to resign. The employer also threatens to look for flaws in my work and fire me under the article.
The funny thing about the situation is that I, as a store administrator, when I come to each store of the company, I work together with the assigned administrator in the store. Those. We are two administrators in the same store at the same time. This is how our job responsibilities overlap. For example, an excerpt from the responsibilities:
1. Organization and operational management shop work
2. Ensuring key performance indicators
3. Providing reports for the day and month
4. Drawing up staff work schedules
5. Bring to the attention of staff the planned indicators for the day and month
6. Conduct training and education
7. Recruit salespeople
8. Fire salespeople
9. Interaction with landlords
and so on, including responsibility for goods and money.

As you understand, there is a conflict of interest. Two store administrators have equal job responsibilities. For example, I can approve the hiring of a salesperson for that store, but the second administrator does not want to. And the internal conflict begins.
At the same time, the employer has the right to require me to fulfill my job responsibilities. And the employer himself created this situation.

I want to contact the labor inspectorate about this. What legal acts and articles can be appealed to in this situation?
There was no change in working conditions according to the papers, Article 74 of the TKRF, the papers are in order. And the work seems to be conditioned by an employment contract, so Article 60 of the Labor Code of the Russian Federation cannot be applied either. But it turns out that there are actually changes and there is a conflict of interests between two administrators at the point and we seem to be preventing each other from working according to their positions.
At work, I was called to the head of the organization, where memos were presented to me. I wrote an explanatory note. As a result, I received a reprimand. The situation was complicated by the fact that for health reasons I had an operation. I am on sick leave, and the employer is looking for every opportunity to get rid of me.

I want to contact the labor inspectorate regarding the removal of the reprimand. What legal acts and articles can be appealed to in this situation?
Anna 12:18 | 21 Mar. 2018

Hello! My employer delayed my salary for a year, paying only a quarter of it, and in some months did not pay me at all. All the time he motivated by the fact that customers do not pay on time, the company does not have money in its accounts, etc. He said that he would pay later. After not paying for the last two months, he said that in order to save money he was sending me on leave without pay, I did not write an application for this leave, I told the employer that I would look for another job. I found a job, but upon dismissal, the employer said that there was no money in the accounts and therefore would not issue a payment. Can I indicate in a letter to my employer (and subsequently in a lawsuit) the amount due to me for those days for which he sent me on unpaid leave, if I did not write an application for such leave? Thank you in advance

Hello. There are a lot of violations at work in a suburban company. Contacted hotline to the president and a letter was sent to the labor inspectorate. After this, attacks against me began. Today I received a notification that fixed-term contract It ends with me on August 1st, even the reason is not indicated. According to the contract, I was hired instead of a cashier who was on maternity leave. However, this cashier comes to work when management needs it. How to protect my rights and defend the right to work.

Good afternoon I wanted to reschedule my vacation at work, my boss is against it, he asks me to join the trade union, joining costs about 10 thousand rubles a year, I don’t want to join, I have Small child, my wife is on maternity leave, I have an official document of refusal! help me solve the problem please!

Today I decided to consider a topical issue for many - how and where to complain about an employer. After reading this article, you will find out what it is Labour Inspectorate, in what cases you can complain about an employer, how to correctly draw up a complaint, how to file it, and what results this can lead to, and also where else you can file a complaint if the labor inspectorate does not help you. Take note and save the link to the article just in case.

Current realities are such that conflicts between employees and employers are not uncommon, but rather a pattern. Moreover, very often employers to one degree or another (including very grossly) violate labor laws. Most often, their employees simply resign themselves to this, clinging with all their might to work as the only possible source of income (which is already wrong), and allow them to do whatever they want to themselves, ready to endure any inconvenience and hardship, just so as not to be fired. In my opinion, this is a completely wrong position.

Every employee should be at least a little familiar with the current labor legislation of his country, and know that he has not only responsibilities to the employer, but also rights. And he must be able to competently protect and defend his rights if they are not respected, especially if they are not respected rudely. In particular, he should know how and where to complain against an employer if he seriously violates his rights, and not be afraid to do so. Because employers will treat employees the way they themselves allow.

What is labor inspection?

Where to complain about an employer? To monitor compliance with workers' rights, there is a special state body - the labor inspectorate (in different countries It may be called differently, but the essence is the same).

Labor inspection is state organization, designed to monitor compliance with labor laws, resolve labor disputes between employees and employers out of court, and has the power to impose sanctions on employers who violate the law.

For example, the labor inspectorate in Russia is official name federal Service for labor and employment or Rostrud. In Ukraine, this is the State Labor Inspectorate of Ukraine.

The Labor Inspectorate is subordinate to the Ministry of Labor and social protection population. In addition to considering employee complaints, this structure also performs many other functions, but now we will only be interested in how to complain about an employer to the labor inspectorate.

When can you complain about your employer?

Let's start by considering situations in which you can file a complaint with the labor inspectorate. In short, these can be any violations of labor legislation, including violations of employee rights defined in the Labor Code. Here are the most common examples.

Unreasonable refusal to hire. Few people know, but the Labor Code clearly defines the reasons why a person may be denied a job. It often happens that they refuse without reason or on false grounds.
Violations in payment of wages. For example, payment of wages in a smaller amount than provided for in the employment contract, delays in the payment of wages, unjustified deprivation of part of the salary that does not comply with the employment contract, etc.
Coercion to overtime work without payment and additional days off. In this case, it also makes sense to complain to the labor inspectorate, especially if it is systematic.
Failure to provide required leave. This is also a fairly common violation of labor laws, and the labor inspectorate can help solve this problem.
Prohibition of going on sick leave. Sound familiar? It is too gross violation labor legislation that will apply to you as long as you allow it.
Forcing to perform work not provided for in the employment contract and job description. If you are often forced to do someone else's work in addition to your own, this is also a violation of the Labor Code, which can be appealed by filing a complaint with the labor inspectorate.
Violation of the dismissal procedure. If the employer is unreasonably forcing dismissal, threatening to fire “under the article” without good reason, or has already fired with any violations of the law (for example, without prior notice and without working the allotted time), it also makes sense to complain to the labor inspectorate.

How to file a complaint with the labor inspectorate?

Now let's look at how to complain about an employer to the labor inspectorate, and what is necessary for this. There are four ways to file a complaint:

Method 1. Submit a complaint to the labor inspectorate by mail. This is the longest, most expensive, but also the most effective way to complain about an employer. Because an official letter is a document that cannot be ignored: in any case, you will be required to provide the same official response to it.

Method 2. Submit a complaint to the labor inspectorate online. This is the simplest option, but not always effective, because your electronic appeal may simply get “lost”, remain unconsidered, and you will not necessarily receive an official response to it. You can file a complaint with the labor inspectorate online in Russia through the website onlineinspection.rf.

Method 3. File a complaint with the labor inspectorate via the hotline. About the same as the second method, only in this case the complaint will need to be stated orally, over the phone, it will be recorded from your words. Getting an answer here also cannot be guaranteed - it all depends on whether it is considered justified and requires consideration.

Method 4. Come to a personal appointment at the labor inspectorate. This is very a good option, in order to receive professional advice on an issue that interests you. They will immediately tell you how justified your complaint is from the point of view of labor legislation, and will tell you how to correctly draw up a complaint, after which you will file it with in writing and register locally, or send by letter.

How to properly file a complaint against an employer?

Before complaining to the labor inspectorate, you still need to try to resolve the issue that interests you with the employer “peacefully” - through negotiations. Because filing a complaint is a serious matter and can entail serious consequences for the employer (I’ll tell you which ones a little later). So, if there is an opportunity to resolve the issue “amicably” - use it, and only when this does not work - proceed to filing a complaint.

Step #1. Compose the text of the complaint. There are no strict forms for filing a complaint with the labor inspectorate. The complaint must be written in a business style in free form, and must contain:

To: name and full name of the head of the territorial labor inspectorate;
From whom: full name and passport details of the applicant, registration address and address for receiving a response;
The name and legal address of the employer to whom the complaint is being filed, your position at this enterprise, the full name of the manager, the full name and position of the person about whom you are complaining;
The essence of the complaint: what exactly the employer is violating, preferably with references to articles of the Labor Code and/or clauses of the employment contract;
Requests or suggestions: what exactly do you ask or propose to do to the labor inspectorate (for example, conduct an inspection at the enterprise, hold the manager accountable, advise you, etc.)

If you file a complaint online, the site will have all the required fields to fill out.

People often ask: is it possible to send a complaint to the labor inspectorate anonymously? No, you cannot, such a complaint will not be considered.

Step #2. Support the complaint with documents if necessary. The complaint will have much more weight if it is supported by documentary evidence. For example, if you refer to your employment contract, attach a copy of it. If you are complaining that you are not being paid (or are not being paid as much as you should), please attach a statement from your bank account. Etc.

Step #3. Submit your complaint and wait for review. If you send a complaint by mail, it is advisable to do this with a return receipt - this way you will know for sure that the letter has been delivered to the addressee and count down the response time. Consideration of a complaint can take from several days to a month, and in rare cases, up to two months (if, for example, an inspector is required to travel to another region). Everything depends on the nature of the complaint and the method of filing it. Each complaint is submitted to a specific inspector, who studies it, makes a decision, agrees with management and gives a response.

Step #4. Get a response to your complaint. Once your complaint has been reviewed, you will receive a response. If it requires an inspection at the enterprise, the response will most likely indicate that an inspection has been ordered, and you will be notified additionally based on its results.

Please note that if it suddenly turns out that during the consideration of the complaint your issue has already been resolved, then you have the right to withdraw your complaint. True, if it indicates serious violations, an inspection at the enterprise may still be ordered, they just will not notify you that the issue is being considered.

What answer will the labor inspectorate give?

Now let's look at what results and actions your complaint against your employer to the labor inspectorate can lead to. There may be several options.

Appointment of an on-site inspection at the enterprise in order to identify violations.
An order to eliminate violations to the head of the enterprise and a deadline for its implementation. As a rule, this is 1 month. Within this period, he is obliged to eliminate the violations and report this to the labor inspectorate. Otherwise, more serious measures will be taken against him.
Bringing the manager to administrative liability - a fine for violating labor laws. This fine can be quite substantial (depending on the type of violation).
Removal of a manager (or culprit) official) from a position on a temporary or permanent basis.
In some cases, a temporary cessation of the enterprise’s activities until the violations are eliminated.
In some cases, bringing the manager to criminal liability.

When can a complaint to the labor inspectorate be rejected?

Let's look at the most common reasons why a complaint to the labor inspectorate may be rejected:

You have not provided all your personal information.
You have entered your employer information incorrectly or incompletely.
Subjective point of view (your complaint is written emotionally, but does not contain compelling arguments, is not supported by documents, and does not indicate what exactly the employer is violating).
Illiteracy. If the complaint contains a large number of errors, is written incoherently, illiterately, or contains profanity, it will also be left without consideration.
The complaint did not reach the addressee (for example, when sending online there was some kind of system failure, the letter did not arrive, it was simply lost due to human factor etc.). In this case, it makes sense to send a repeated complaint, indicating that it is repeated.

What to do if the complaint was rejected or you are not satisfied with the outcome of the review?

If the labor inspectorate rejected the complaint or gave an answer that does not suit you, but you are sure that the employer is violating the norms of the Labor Code, there are several options for further action:

Appeal the response of the inspector who reviewed your complaint with his immediate supervisor.
Contact professional lawyers in the field of labor law who will help you draw up a complaint more professionally and will accompany its consideration.
Complain about the labor inspectorate to a higher organization. For example, you filed a complaint with the regional labor inspectorate, it was unreasonably rejected - you complain to the central or higher organization - the Ministry of Labor and Social Protection.
Complain about the employer to the tax authorities if we are talking about tax evasion (black or gray wages).
File a claim against the employer in court.

Now you know how and where to complain about an employer, how the labor inspectorate works, what nuances of filing complaints and appeals need to be taken into account. I hope this information was helpful to you.

Do not be afraid to defend and defend your rights if they are actually violated. Employers will always treat you the way you allow. See you again at !