What do you need to file a complaint against an employer? Complaint to the labor inspectorate about violation of labor rights. Where to file a complaint against an employer

In the process of labor relations between employees and the employer, the most vulnerable side is employee. Sometimes, even when the boss violates certain norms of the law, people are afraid to complain anywhere, because they believe that such an action will not bring any benefit, and, as a result, they will remain the injured party.

Who and in what cases makes

On violation of their rights in the process labor activity Complaints can be made to authorities such as Labour Inspectorate, prosecutor's office or apply 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 the norms established by law.

Most often, the reason for making statements to the state labor inspectorate is gross violation of workers' rights. The main cases that are the basis for appeals are the following:

1. Delay wages . It is worth noting that even a one-day delay can already serve as the basis for submitting an application, although in practice employees still delay such an action, because they hope for payment and, on the other hand, are afraid to spoil relations with their employer.
2. Refusal to pay the due funds to pregnant women who go on maternity leave. In addition, many employers even force them to quit almost immediately after they inform the employer of their situation.
3. Violation of the principles of settlement with employees who leave. In this case, there may be untimely transfer of the due payment, lack of funds for unused vacation etc.

Foundations

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, the application can be accepted for consideration and, as a result, any measures can follow.

Such grounds may be the following.

Violations of established procedures that must be carried out when applying for a job:

• refusal of the employer to sign with the employee employment contract;
• when hiring a woman in position, setting probationary period although such action is prohibited by law;
• the possibility of imposing any fines in the order disciplinary action, while refusing to provide the internal order of the enterprise, according to which the amount will be deducted from wages.

Employer actions relating to employee discrimination:

• refusal to grant the annual leave due to the employee;
• delays in payment of wages;
• refusal to pay compensation or any accruals due for processing;
• in the event of an illness of an employee, actions on the part of the employer to force him to take a vacation at his own expense in order not to pay him social guarantees in the future;
• forcing an employee to work overtime or to complete tasks on weekends.

Violations of the established order upon dismissal:

• failure to comply with the deadlines in which the employee must be notified;
• refusal to pay the remaining part of wages after the employee is fired;
• incorrect calculation of payment for the intentional reduction of payment to the employee;
• refusal to extradite work book after termination of the contract.

What is important to consider

When submitting an application, the following must be taken into account: factors:

• appeal only in the case when the rights are really violated;
• the need to provide any documentary evidence;
• in the event that by their actions the employer violates not only your rights, but also many other employees, the best option there will be a collective complaint;
• when sending an application, the employee must be completely sure that no violations have been committed on his part labor order, which caused certain actions of the employer (otherwise, the subject of the complaint itself may turn out to be untenable, and it will not be accepted for consideration).

Filing a claim

When filing a claim, especially if it is drawn up for the first time, it will not be superfluous to consult or seek advice from persons competent in such matters.

Alternatively, during a direct visit to the labor inspectorate, to which the employee is going to send his complaint, you can ask questions to the service specialist and consult about the legitimacy of the complaint, the documents required to be provided, as well as how best to draw up a document and what facts are in it specify.

Required data and documents

It should be noted 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, you will need to specify intelligence:

1. What specific norms or laws were violated by the employer.
2. It is obligatory to have a reference to those articles of the law that determine the subject of the application - it is not enough just to indicate that the boss has violated the Labor Code.
3. In what specific period were the employee's rights violated (date or month for which, for example, wages were not transferred, etc.).
4. What explanations of the current situation come from the employer, to which he refers.
5. In the event that the violation of rights is related to remuneration for work or its absence (it does not matter whether it is the main salary, bonus, vacation pay), it is imperative to indicate its amount. Moreover, if the value of the amount consists of several periods, then it is better to separately paint each of them.
6. Indicate, if any, what consequences such a 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 certain package of documents. Their list will depend solely on the subject of the complaint, as well as on the circumstances that were at the time or during the period when the rights of the employee were violated.

As an example, the package of documents can be presented in the following form:

• an identity document of the applicant;
• a patent for labor activity or a 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 filed: perhaps some clauses drawn up in violation of the law, or, conversely, those parts and wordings that were violated by the boss or employer;
• sick leave and an extract for leave at their own expense for the same period;
• payslips that were issued when transferring wages;
• an extract from the account to which the employer transfers wages and funds for other items for the employee;
• an order to dismiss, which the employee has the intention to challenge.

All of the above documents should be provided in the form of photocopies, since the originals themselves may be needed in further proceedings (perhaps even judicial ones).

How to compose

When making an application, one of the requirements is indication of such data:

• the name of the territorial inspectorate to which the complaint is submitted;
• Name of the inspector for whom the complaint is intended;
• name of the applicant;
• the name of the appeal is a statement or a complaint;
• the nature of the 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 jobs or fearing some kind of persecution.

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 not to disclose your name to the employer and other persons who may be associated with him during the verification of the information provided.

Collective and private

When submitting an application to the labor inspectorate, it is worthwhile to realize that, in principle, employees of this service should respond equally to both an application with one author and a complaint authored by several people.

However, in practice, complaints drawn up and signed by the whole team have much greater effect, since in this case there is already a violation of the rights of workers on a larger scale.

Via website

Is it obligatory for an employee who wishes to submit an application to visit the labor inspectorate in person, or is it possible to send the document in some other way? With the help of a special service online inspection.rf, which was launched by Rostrud, it is quite possible to file a complaint online.

To perform such an action, you should take care in advance that all the attached documents are available in in electronic format- their scanned copies or photographs.

Timing

Once employees have filed grievances, timelines for their resolution may be next:

1. If the submitted complaint does not require additional verification, in this case, the period does not exceed 15 days.
2. In the event that the application relates to wrongful dismissal, then it must be considered within 10 days.
3. If in order to respond to writing a complaint, it will be necessary to take additional measures, the consideration period is 30 days.
4. In the event that an extended check is required to clarify all the circumstances of the case, the period will be 2 months.

Consequences of consideration

As a result of the consideration of the submitted complaint, the consequences may be next:

1. Denial of claims. In this case, you should find out the reason - you may need to provide the necessary documents.
2. Carrying out an audit in the organization whose employee sent the complaint.
3. Full or partial (within the law) satisfaction of the employee's requirements.
4. Referral of the case file to the court, if required by the procedure for considering certain complaints.

Disagreement with the decision

In the event that 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 - it can be a republican, regional or regional labor inspectorate;
• application to the court;
• appeal to the prosecutor.

Liability and fines

In the event that the employee of the labor inspectorate during the verification of the facts reveals that violations take place, the following measures can be taken:

1. Issuing instructions to the employer on the elimination of existing violations.
2. Imposing 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.
3. In some severe cases, it is also possible to bring to criminal responsibility.

Completed Sample

If you need to draw up a complaint to send it to the labor inspectorate, you can use the example of a completed sample, on the basis of which you can draw up your document.

Labour Inspectorate- one of the state inspections that check the observance of the rights of workers. The scope of her duties is wide. However, it can be described very briefly - it eliminates the violation of the rights of employees and monitors their subsequent observance.

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

Performs two types of inspections: scheduled and unscheduled.

Scheduled checks labor inspectorate:

Scheduled inspections are mainly carried out in agreement with the prosecutor's office. They are distinguished by the fact that the plan for such inspections is already known in advance and determined a year in advance - it can be found on the websites of the Prosecutor General's Office or the labor inspectorate itself. Also, they only start if specific employer collects a certain number of complaints to the inspection.

Unscheduled checks:

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

• Expiration of the period for the elimination of violations identified by the previous audit;
• Complaints to the labor inspectorate on violation of working conditions;
• Complaints to the labor inspectorate about;
• Special order of the head of the Inspectorate.

Thus, an unscheduled check can be called by the most ordinary employee who wrote . But do not think that with the first complaint against the employer, the inspection will immediately go to him for verification. First of all, will be considered:

• and contracts;
• accounting books;
• Internal rules of the organization;
• Schedules (holidays, weekends, overtime, etc.);
• Orders relating to labor activity;
• Personal files of employees.

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

The State Inspectorate is authorized to:

• Require the employer to comply with labor standards
• Eliminate employees who lack skills or education
• and hold accountable.
• Conduct a background check
• Temporarily close institutions.
• Initiate legal proceedings for serious violations of the law.

A complaint is made by an employee in the form of an application. It has a strict form and without fail includes the following:

In the title:

• Name of the inspection body: full name, address;
• Name of the complainant, address;
• Contact details for responding to a complaint.

In the information part:

• The time that the employee worked in the organization, the date of employment;
• Reason for the complaint: what specifically violated your rights;
• Your actions taken to restore your labor rights;
• Requirements;
• Substantiation of requirements.

Final part:

• List of additional attached documents;
• The date the complaint was filed;
• Signature.

What should be the correct written complaint against the employer?

• Accurate. All facts, dates and circumstances must be described without error. All supporting documents must be complete and true. Before filing a complaint with the labor inspectorate against the employer, do not be too lazy to check it and related papers for inaccuracies;
• Brief. It is not necessary to go into a detailed description of everything that preceded the violation or was only after it. Describe only the minimum volume required;
• Correct. containing any insults or emotional and incorrect additions will not be considered;
• Competent. Try not to make mistakes, avoid typos and blots;
• Complete. Be sure to include everything you need. If there are no facts, the complaint will not be considered. Also, do not forget to include all the data, including your own.

Can I file an anonymous complaint?

As usual, an anonymous complaint will not be considered. The point is that according to the law Russian Federation an appeal to the labor inspectorate must contain information about the complainant. In the case of an anonymous complaint, the application will be considered incomplete and will not be dealt with. However, a complaint can be filed online. A different form of filing an application provides some anonymity.

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

How to complain to the labor inspectorate online

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

• Handling a complaint is a slow process. Only its initial consideration may take a month, but no more;
• Your complaint may or may not be considered. Most often this is due to the desire of the employee to write an anonymous complaint. The labor control inspectorates do not deal with anonymous complaints;
• The labor inspectorate is not the most effective authority in settling conflicts with employers. You can also apply to the prosecutor's office or to the court;
• Before filing a complaint, first contact the manager with the complaint. Sometimes mentioning a complaint to the inspectorate is enough to resolve minor disputes;
• You can always ask the inspectorate to justify its decision.

Where to turn if a complaint to the labor inspectorate did not help?

1. . It is designed to protect any rights of citizens of the Russian Federation, including labor. Appeal to the prosecutor's office is very similar to a complaint to the inspection: you need to write a statement with a complaint in the same order, indicate the circumstances of the case in it, explain the requirements and substantiate them, present evidence in the attached documents. At the same time, a complaint to the prosecutor's office will be much more effective if, in violation of your rights, the laws of the Russian Federation were also violated.
2. . It is possible to sue the employer. In this case, authorized judicial representatives will already be engaged in consideration of the circumstances of the case and verification of compliance with labor standards. To do this, you need to file a claim in the usual manner. This process is most efficient for illegal dismissal. The only negative is that cases are considered for a long time.

State supervision of compliance labor law and other regulatory legal acts containing labor law norms are carried out by the federal labor inspectorate (Article 353 of the Labor Code of the Russian Federation).

In the constituent entities of the Russian Federation, state supervision in the sphere of labor is carried out by state labor inspectorates (clause 2 of the Regulations on State Supervision, approved by Decree of the Government of the Russian Federation of September 1, 2012 N 875).

In order to protect labor rights, you can file a written appeal (complaint) or an appeal in the form electronic document to the state labor inspectorate.

Step 1. Make an appeal (complaint)

The complaint must indicate (Article 7 of the Law of 02.05.2006 N 59-FZ):

1) name state inspection labor;

2) last name, first name, patronymic (the last one, if available) of the applicant;

3) postal (electronic) address to which the response should be sent;

4) the essence of the complaint (the event or alleged violations of labor rights are indicated), the name of the employer, his location;

5) personal signature of the applicant;

Note!

If the written appeal does not indicate the name of the citizen who sent the appeal, or mailing address to which the response should be sent, the response to the appeal is not given ( Part 1 Art. 11 of Law N 59-FZ).

Step 2: File a Complaint with the State Labor Inspectorate

You can file a complaint in person or by mail. by registered mail with acknowledgment of receipt. In the first case, the employee of the labor inspectorate who accepted the complaint is obliged to put the number and signature on the second copy, which will remain with the complainant. If the complaint is mailed, the complainant will be notified of the date the complaint was delivered to the labor inspectorate. If necessary, in support of your arguments, attach documents and materials or their copies to the written appeal.

You can also file a complaint in the form of an electronic document at Email labor inspectorates in a constituent entity of the Russian Federation. The applicant has the right to attach to such an appeal Required documents and materials in electronic form or send the specified documents and materials or their copies on paper (part 3 of article 7 of Law N 59-FZ).

In addition, you can file a complaint through the official website of the Federal Service for Labor and Employment (www.onlineinspektsiya.rf).

Note!

There is no need to pay a state fee when filing a complaint with the State Labor Inspectorate.

Note. The employee has the right to request a confidential audit. This means that during the inspection, the employer will not be given the name of the employee, who in this case can avoid persecution by the employer ( Art. 358 of the Labor Code of the Russian Federation).

Step 3: Get a response to your complaint

A written appeal is subject to registration within three days from the date of receipt by the state labor inspectorate (part 2 of article 8 of Law N 59-FZ).

Appeals (applications and complaints) are considered within 30 days from the date of registration of a written appeal (part 1 of article 12 of Law N 59-FZ).

If necessary, the term for consideration of the complaint may be extended, but not more than 30 days. In this case, the applicant must be informed of the extension of the time for consideration of the application (complaint) (part 2 of article 12 of Law N 59-FZ).

Note!

A written appeal containing issues, the solution of which is not within the competence of the state labor inspectorate, shall be sent within seven days from the date of registration to the relevant body or relevant official, whose competence includes resolving the issues raised in the appeal, with notification of the citizen who sent the appeal about the redirection of the appeal ( Part 3 Art. 8 of Law N 59-FZ).

On the basis of a complaint, the state labor inspectorate is obliged to conduct an inspection (paragraph “b”, paragraph 10 of the Regulation). During the inspection, the inspector establishes the facts of violation of the labor rights of the employee indicated in the complaint, or their absence.

Based on the results of the audit, an act is drawn up (clause 14 of the Regulations). Upon confirmation of the facts of violation of labor rights, the head of the employing organization is issued an order to eliminate the identified violations (Article 357 of the Labor Code of the Russian Federation).

The applicant is sent a written reasoned response on the merits of the issues raised in the appeal (complaint), which indicates what facts of violations of labor rights were confirmed during the consideration of the appeal (complaint) and the inspection by the employer, what measures of the inspector response were taken to the employer (an order was issued, an administrative offense case was initiated for violation of labor legislation), the procedure for further actions to restore violated rights or contested interests is explained if, in accordance with the powers of the state labor inspectorate, it was not possible to resolve the issues raised in the complaint (

Cases when employees file complaints with the labor inspectorate on various problems related to work are not so rare. The law is almost always on the side of employees whose rights have been infringed by the employer.

FILES

When should a complaint be filed?

There are many reasons for writing statements to the labor inspectorate.

1. Often there are cases of violations related to various kinds of payments: wages, vacation pay, sick leave, settlement, etc.
2. It happens that employers deprive an employee of vacation or force him to go to work on weekends and holidays without providing any compensation in return, let alone overtime pay.
3. Sometimes employers violate the regime of work and rest, safety rules at work, exceed the established duration of work shifts, etc. - all this also becomes a reason for a complaint to the labor inspectorate.
4. Appeal to the inspection and unfairly dismissed employees with demands to reinstate them in their positions.

Where and when to file a complaint

The document is written to the address of the local territorial labor inspectorate (its branches operate in all major cities and towns).

The deadline for filing a complaint is three months from the date of the labor dispute.

After that, the complaint will not be accepted for consideration and the employee will have only one way - to restore justice, sue the company.

It should be noted that a complaint can be filed both during the period of work at the enterprise, and after dismissal.

How long does it take to process a complaint?

The legislator clearly regulates the period for consideration of such applications. In most cases, it does not exceed thirty days, but sometimes for some reason (reasonable) it can be extended, but also for a period not exceeding one month.

Is it possible to write a complaint to the inspection anonymously

Labour Inspectorate - government agency, which is designed to deal with difficult situations that have developed in relations between an employee and an employer, therefore, like any other government agency, it does not accept anonymous complaints.

To maintain confidentiality, a clause can be directly included in the complaint with a request that information about the complainant not reach the employer.

In addition, it must contain the contact details of the applicant, his address and telephone number for feedback.

By law, labor inspectorate specialists must take the necessary measures to resolve the conflict and, based on the results of the proceedings, send a response to the complainant.

What results to expect

Writing a complaint does not guarantee that it will be satisfied in full, partial satisfaction is possible, or refusal at all, but in any case, the decision must be made strictly in accordance with current legislation RF. In the process of considering the complaint, the lawyers of the labor inspectorate (namely, these specialists are directly involved in the investigation labor disputes) will contact the employer with a request to provide them with all the necessary information for the proceedings. Then, if violations are detected in any part, the employer will be issued a requirement to eliminate them, as well as penalties will be imposed.

If the applicant does not agree with the decision of the territorial labor inspectorate, he has the right to appeal it to a higher authority (for example, by writing a statement to the chief labor inspector of the Russian Federation) or in court.

Rules for compiling a document

There is no statutory unified sample of a complaint, so the employee can write it in any form. However, it is necessary to adhere to certain standards for writing such documents, namely:

• indicate the addressee, i.e. name and number of the labor inspectorate,
• own personal data (position, surname, name, patronymic),
• the essence of the problem in as much detail as possible.

If there are problems with filing a complaint, you can seek help from an independent lawyer (but this service is paid), or you can use the advice of a labor inspectorate employee.

When drawing up an application, you must refer to the violated norms of the law (it is advisable to indicate specific articles), as well as add a list of attached documents to it.

The writing of a complaint should be treated very carefully, since it has the status of a legally significant document and can later serve when applying to the court.

All information contained in it must be reliable, make mistakes, and even more so, it is impossible to include deliberately false information in the document. Otherwise, if such facts are revealed, the employee may suffer a well-deserved punishment (for example, for slander).

How to file a complaint

The document can

• write by hand (directly at the labor inspectorate),
• print on a computer (at home, in advance).

Regardless of which option is chosen,

• personally sign it
• and put down the date of writing (it must correspond directly to the day of circulation).

Complain better in duplicate, both need to be endorsed by the receiving specialist, and then one should be transferred to the inspection, and the second should be kept for yourself.

1. At the beginning, on the right or left (does not play a role), the name and number of the labor inspectorate to which the applicant applies are written, the company for which he works and his position, last name, first name, patronymic (in full) are also indicated here.
2. The text of the complaint follows. Here again, you need to indicate the employer, the number and date of the concluded employment contract, the head of the company.
3. Then the essence of the claim is written in the most detailed way, after which a request should be included in the complaint to sort out the conflict and take measures to restore the infringed rights. Don't forget to include a privacy clause.
4. In conclusion, you need to fix the list of attached documents, as well as sign and date the complaint.

How to submit a complaint

The document can be sent personally from hand to hand to a labor inspectorate specialist, or you can forward via Russian Post. In this case, the complaint must be sent by registered mail with acknowledgment of receipt, however, we must not forget that this method quite time consuming. To date, the third way has become widespread: filing a complaint via electronic means of communication.