Protection of worker rights from the employer. Features of the protection of workers' labor rights by trade unions, labor inspectorates, police and prosecutors. Refusal to sign

Main task legislative regulation relations between employers and hired employees is the protection labor rights workers. A solid base of regulatory documents is designed to maintain a balance between the interests of the enterprise as a whole and individual full-time specialists.

In this situation, there are a number of fundamental regulatory acts, namely:

• labor legislation;
• Code of Criminal Offences;
• law regulating the supervisory activities of prosecutors.

In addition to the basic ones, there are additional requirements designed to ensure that the interests of both parties are respected. The entire developed system of standards is binding and applies to all participants in the work process without exception. Even partial restriction of rights, much less their complete deprivation, is unacceptable. Anyone can take advantage of the opportunity to defend themselves against arbitrariness in an accessible way, unless this is prohibited by law.

Options for protection against employer abuse

With rare exceptions, it is necessary to protect the labor rights of workers, as the most vulnerable group, performing their job responsibilities. Separate section labor legislation describes in detail not only the types of abuses, but also ways to achieve compromise solutions to problems.

For example, accessible ways assertion of rights under the Labor Code of the Russian Federation are:

• implementation of the defense procedure on its own;
• with the full support of trade unions;
• by using supervisory authorities regulating labor issues;
• going to court to declare the employer’s actions illegal.

An employee of an enterprise can choose any of the available methods to protect his own interests. It turns out to be practical to use several options at once to restore justice. On the one hand, you can try to appeal the actions of your immediate superior to a higher authority or to the founders. Along with this, the help of trade unions and/or supervisory authorities, which in recent years have been more strictly monitoring any violations of labor rights, will not hurt.

Restoration of violated rights of financially responsible persons

When the stated requirements are based on the current Labor Code of the Russian Federation, the protection of workers’ labor rights will be ensured at the highest level. In most cases, the interests of those specialists who are entrusted with financial or property responsibility suffer. This happens at the moment when an agreement on the employee’s financial responsibility to his own employer is signed.

According to the provisions of such an agreement, the specialist assumes a number of responsibilities, including:

• careful treatment of entrusted property;
• regularly notifying management about the threat of damage;
• timely implementation of measures to account for material assets;
• organization of inventories, checks and audits of the status of the trustee.

The standard contract wording usually does not provide detailed description all grounds for organizing the safety and accounting of property. However, they follow from the above list of responsibilities.

The question concerns the following requirements for the employer:

• suitable conditions for the safety of all property;
• timely awareness of all current changes in the legislation on fiduciary management.

Thus it turns out that determined by agreement financial liability employee for damage or shortage occurs only after the employer has fulfilled all the mandatory conditions for proper storage of inventory items. Management's inaction or negligence in these matters may be challenged in court.

Material liability of the employee

The Labor Code of the Russian Federation provides for two types of obligations regarding entrusted property:

• limited;
• complete.

Limited liability occurs only in the amount of one average earnings per calendar month. When losses are less than this amount, the entire amount of the loss is recovered. Full financial liability of the employee provides for compensation for material damage caused in full. This happens only when the provisions of the relevant agreement do not contradict current legislation.

The lawyers of the Legal Resolution Company are well aware of the latest innovations in the field of regulation of labor relations. Clients whose interests have suffered as a result of obvious abuses by the management of the enterprise are provided with the highest level of professional protection through the use of legislative instruments to resolve controversial issues. It is possible to support legal disputes until the final decision is made.

On the territory of the Russian Federation, every citizen has his own rights and obligations, which are protected by the Constitution of the Russian Federation. The protection of the rights of participants in working relationships is regulated by the labor code. This law, Article 22 of the Labor Code of the Russian Federation, formulates the basic rights of the director of an organization and ways to protect them. In addition, the director must know his duties and fulfill them within the framework of the law. Labor law includes rather strict requirements for the director than for the employee, so he is a less protected party to the labor relationship.

Protection of employers' rights under labor law

The Labor Code of the Russian Federation basically contains maximum protection for the employee, but disagreements regarding violations of these rules occur constantly. The reason for this is ignorance of their rights and responsibilities, first of all, the director of the organization. The relevance of this phenomenon is high, therefore, studying the laws on the capabilities of a director is necessary in every organization.

In the Labor Code of the Russian Federation, the function of society is most developed, and the law is based, first of all, on the need to establish state guarantees of working opportunities and citizen freedoms, as well as to create comfortable conditions for work. Main idea The protection of the employee, as a weaker participant in working relationships, lies in the fact that the principles of legal norms of working relationships are established, Art. 2 Labor Code of the Russian Federation. But it is worth noting that, in addition to this, another function has become developed - economic. This function is explained as ensuring development economic activity. Therefore, in Art. 2 of the Labor Code of the Russian Federation there are several principles devoted to the ability to defend oneself as a director.

These are principles such as:

• the ability of directors to unite for security;
• possibility of social partnership;
• establishing state guarantees for being protected;
• the possibility of requiring the employee to complete assigned tasks and preserve company property.

Employer Rights Protection Law

The manager's legal options include:

• the ability to enter into, change or terminate a work contract;
• hold the employee accountable, both financially and disciplinaryly;
• require the specialist to perform duties, comply with internal rules and disciplines.

The federal law governing labor relations contains a wide range of legal duties and opportunities for the director, the application of which relieves the employer from the negative consequences encountered in judicial practice.

Methods and forms of protecting the employer’s labor rights

Basic legal rules and means of protection for employers - labor code and local regulations. Briefly, we can define several groups of specific norms that protect the interests of managers:

• protection from employee incompetence;
• protection from unlawful actions of an employee;
• protection from unfounded claims made by employees;
• protection of the executive interests of the manager.

Protecting the rights of the employer in labor disputes in court

Dismissing an employee or holding them accountable for a violation is a complex procedure that includes several stages. Solution this issue in court, it most often frightens managers, which gives an advantage to the employee. A dedicated Consumer Labor Unit aims to resolve disputes in favor of the working class. There are specialized companies to defend executives in court. The service of this company is to collect the necessary evidence and documents confirming the legality of the director’s actions in the process of dismissing an employee.

Problems of protecting the rights of employers

The main problem with violation of labor relations is ignorance of one’s legal capabilities as a manager. An agreement between a director and a subordinate has many pitfalls; if drawn up incorrectly, the truth remains with the worker.

1. Protection of the employer’s labor rights, consultations on labor law, claims against the employee. Description of service

As is known, in labor relations between an employer and an employee, the employer is the least protected party.

Employees have many rights:

To receive compensation for unspent vacations,

Receiving draconian compensation (up to 5 salaries) in case of staff reduction, headcount and liquidation of the company,

The right to unchanged working conditions, any slightest change is immediately interpreted as a transfer, and can only be made with the consent of the employee, and even with two months’ prior notice,

The right to complain to the Labor Inspectorate and the Prosecutor's Office about the slightest violation of the employer, such as delay in payment wages even for 1 day,

The right to claim a virtually unlimited quantity internal documents employer, including staffing table with all salaries (according to the explanations of the Rostrudinspektsiya), under the guise of the fact that they are related to him, and the employee can request them almost daily,

And dozens and hundreds of other rights.

If an employee decides to take advantage of at least part of the rights granted, he, even alone, can lead the enterprise to a state of actual suspension of activity; huge unfounded claims sometimes lead to the seizure of the company’s accounts; inspections by government bodies force one to divert all efforts to preparing documents for them, rather than business work.

And this despite the fact that the employee himself does not actually bear any responsibility for his work. To prove an employee’s professional incompetence, it is necessary, according to clause 3, part 1, article 81 of the Labor Code of the Russian Federation, to carry out a monstrously cumbersome and labor-intensive procedure for certifying the entire team for the sake of dismissing one person. Almost even more difficult is dismissal under clause 5, part 1, article 81 of the Labor Code, according to which the employee must seriously violate his duties as many as 3 times job responsibilities, and each time must be strictly documented so that he can be fired.

According to the established judicial practice of Russian courts, an employee is not responsible for the disclosure of trade secrets, which employees constantly take advantage of, completely stealing customer databases from companies, nor for insults and threats against colleagues and management, nor for unethical behavior, because The Labor Code does not consider this at all as a violation of labor duties, i.e. an employee can freely be rude to the entire team around him and calmly continue to do nothing, rejoicing in his impunity.

At the same time, the employer turns out to be absolutely powerless and is forced to transfer tons of paper just to sign all sorts of agreements, local acts, contracts, orders and other tinsel, just to be able to fire the employee, even with huge compensation for staff reduction.

And even in this case, the court very often reinstates the laid-off employee, also ordering him to pay additional compensation in addition to the five salaries already paid.

An employer can avoid losses and defend his case in court only by following clear procedures developed by our lawyers, using strictly defined forms of documents - acts, orders, contracts, signing them exactly on time and sending them to the employee only in established ways, ensuring the availability of evidence of them receiving. Protection of employer's rights- one of our main areas of work.

What are the main reasons for litigation between an employee and an employer?

Litigation between the employee and the employer, in which The plaintiff is the employee:

• labor disputes regarding reinstatement
• labor disputes regarding the collection of wages (for periods forced absenteeism, underpaid wages, compensation for unspent vacations, etc.)
• labor disputes regarding cancellation and amendment of entries in the work book
• labor disputes regarding the obligation to allow access to the workplace
• labor disputes regarding recognition of the fact of work
• labor disputes regarding compensation for damage caused by the employer to the employee
• labor disputes regarding compensation for moral damage
• other labor disputes

A legal dispute with an employee begins, as a rule, with a pronounced conflict between the employee and management, the employee sending claims to the employer, and then sending complaints against the employer to the State Labor Inspectorate (Rostrudinspektsiya) and the Prosecutor's Office.

Lawsuits are usually filed by employees after the completion of inspections by government agencies or in their final stages.

In turn, protect the rights of the employer, sue the employee or send An employer may make a claim against an employee in the following cases:

• sue an employee or send a claim to an employee if the employee causes property damage to the organization
• sue an employee or send a claim to an employee in case of theft (theft, theft) of the organization’s property. Also in this case, a statement is sent to law enforcement agencies.
• sue the employee or send a claim to the employee who disclosed the organization’s trade secret
• file an application against the employee with law enforcement agencies if the employer submits false documents when concluding an employment contract
• other cases

In all these cases, it is important to correctly work out your legal position, select all the documents that directly or indirectly substantiate your position, and provide the court with testimony from other employees confirming your position.

Only highly qualified specialists, such as lawyers, can do this correctly in order to win your specific case Legal Bureau LAWYER.

Our practice in protection of employers' rights in labor disputes, there are many years of persistent, hard and productive work, many repelled claims from employees, and savings of tens of millions of rubles for employers.

2. . Deadlines

According to Art. 392 of the Labor Code of the Russian Federation, an employee has the right to go to court for resolution of an individual labor dispute within three months from the day he learned or should have learned about a violation of his right, and in disputes about dismissal - within one month from the date he was given a copy of the order about dismissal or from the date of issue work book. That is, wait statement of claim required from the employee within the specified time frame.

The employer has the right to go to court in disputes about compensation by the employee for damage caused to the employer within one year from the date of discovery of the damage caused. That is, within the specified time frame for this category of disputes, it is necessary to file a statement of claim.

When skipping good reasons deadlines established above, they can be restored by the court.

It should be borne in mind that when employees go to court, they are exempt from paying state fees, which greatly increases the risk of such “free” claims.

According to Article 154 of the Code of Civil Procedure of the Russian Federation, “civil cases are considered and resolved by the court before the expiration of two months from the date of receipt of the application to the court,” i.e. a labor dispute is considered in court within approximately two months.

In practice, this period increases to 3-6 months due to the collection of documents by the court and interviewing witnesses.

In total, the total period for resolving a labor dispute and protecting the rights of the employer, taking into account the pre-trial “war”, is ~ 4-8 months.

This period can be reduced by half or even three times if you promptly contact PB LAWYERTOCRAT lawyers, who will impeccably draw up necessary documents, will hold negotiations, as a result of which the dispute will be resolved before it really begins.

3. Protection of the employer's labor rights, consultations on labor law, claims against the employee. Procedure

1. You send us by email, or in person at your or our office, information and documents to defend the employer against the employee, including filing a claim against the employee, a claim against the employee, responding to the employee’s claim, responding to the employee’s claim:

Constituent documents of the organization, description of the company’s activities (presentation)

Employee's personal file, including documents in accordance with the Labor Code of the Russian Federation

Employment contract with all attachments and other documents signed with the employee, job description

Orders on admission, dismissal, penalties, incentives, transfers, movements, etc.

Correspondence with an employee

Other documents according to our request

2. We study the submitted documents, evaluate the prospects for defending the employer, filing a lawsuit against the employee, a claim against the employee, a claim by the employee, or a case initiated by the employee himself, and we inform you.

3. You provide us with the remaining documents that are necessary for employer protection, preparing a claim against an employee, filing a claim against an employee, preparing a response to an employee’s claim or a response to an employee’s claim.

4. We are preparing a claim against the employee, a claim against the employee, a response to the employee’s claim, a response to the employee’s claim.

6. We are pursuing a case against the employee until we receive a court decision.

4. Protection of the employer's labor rights, consultations on labor law, claims against the employee. Guarantees

Our vast positive experience in protecting the rights of employer companies in the field of trade, production, supply, import and others allows us to guarantee the refusal of workers’ demands or their multiple reduction as a result of a set of measures to protect the employer.

5. Protection of the employer's labor rights, consultations on labor law, claims against the employee. Result

The result of our work on protecting the employer by filing statement of claim to court against an employee is:

Court decision to recover money from an employee to compensate for losses caused

The result of our work on protection of employer's rights by filing claims against the employee is:

Voluntary compensation by the employee for the amounts of damage caused, or fulfillment of other specified requirements

Voluntary dismissal of an employee from his position by agreement of the parties or at his own request

The result of our work is protecting the employer by representation of your interests against the employee in court is:

The decision to refuse the employee’s demands in whole or in part

The result of our work on protecting the rights of the employer by representing your interests against the employee at the stage of pre-trial negotiations is:

Refusal by the employee of claims against the employer in whole or in part

The result of our work to protect the rights of the employer by representation of your interests in the process of inspections by the Rostrudinspektsiya and the Prosecutor's Office is:

Reducing the amount of fines or not imposing them (refusal to initiate an administrative case based on the results of the inspection)

Reducing the number of comments or eliminating them completely

6. Protection of the employer's labor rights, consultations on labor law, claims against the employee. Price

Name of type of employer protection service	Service cost
Drawing up a statement of claim going to court against an employee, a claim against an employee, a response to an employee’s claim, a response to an employee’s claim	7’000 rubles
Consultation on issues labor law and employer protection	3’000 rubles / hour
Representation at the pre-trial stage against an employee, including: Oral consultation; Analysis and Compilation and submission - carrying out negotiations with an employee .	25,000 rubles +% of the amounts collected/repaid
Representation in court in a case against an employee, including: Oral consultation; Analysis and highlighting problems in documents and labor organizations that gave rise to the dispute; Compilation and submission claim/response to claim; - compilation and submission statement of claim / response to the statement of claim; - preparation and serving other procedural documents; Receipt solutions ships to the point.	45,000 rubles +% of the amounts collected/repaid

Probably every adult has at least once in his life encountered a conflict situation related to work. As a rule, these are arrears in payment, non-payment of sick leave, constant nagging from superiors about the quality of work performed, etc.

It is logical to assume that every person can make a mistake, but there are also situations when the employer is wrong, but, nevertheless, tries to place all the blame on his employees. But until now, most workers do not know their rights, which are guaranteed to them Labor Code and the Constitution, so they prefer to remain silent instead of seeking justice. Considering the number of informal employees, one can only imagine the problems they face every day of their lives.

Some experts note: due to such policies pursued by employers, some categories of people have no rights at all and, in fact, play the role of modern slaves who cannot do anything to protect themselves from attacks on their interests. Let's try to figure out how and where to complain about an employer, what measures to take when such conflicts arise.

The boss is not always right!

As a rule, all conflicts that arise in a person’s workplace begin with a simple ignorance of labor legislation.

Nowadays, no one is surprised by the fact that people often prefer not to register officially, but to receive a “gray” salary.

Of course, both the employee and the employer in such a situation can be understood. The first wants to receive a decent salary for his work, and with official employment, a significant percentage of his earnings will go towards paying deductions.

And the second one does not want to pay high taxes for an employee, and therefore does not want to register him in accordance with the law. But, be that as it may, this is wrong, because official employment gives the employee many more rights that he can use to resolve problematic situations. But unregistered employees do not have any legal grounds to prove that they are right, to protect themselves from the bias of management. In such a situation, you can turn to lawyers and human rights activists, but without any documents in hand, it will be almost impossible to prove anything.

Therefore, if you want to protect yourself in advance from conflicts with your superiors, demand that you be registered. If this is not possible, then prepare documents confirming the receipt of your salary, any certificates issued to you, and copies of orders from your superiors indicating your last name, first name and patronymic. Only with confirmation in hand work activity, you can be guaranteed to defend your interests and determine where to complain about your employer.

What is labor rights protection?

What is workers' rights protection? Let's look at this concept more broadly. In a narrow sense, it means legal support for compliance with legal norms, as well as the prevention of possible violations by the employer. But in a broad sense, this concept represents the implementation of the functions of protecting labor rights (carried out by state authorities). In any case, the employee’s labor rights are guaranteed by the legislative framework.

Having analyzed the concept in all spectra, we can derive a general definition. Protection of labor rights is a set of measures to prevent and eliminate problems in the field of the right to work. This set of actions is implemented by government authorities and trade unions. At the same time, workers are allowed to defend their interests individually through collective complaints, protests and strikes.

Specifically to ensure the possibility of protecting rights, Section XIII appeared in the Labor Code, which regulates the main provisions of labor legislation regarding violations by employers. This section is called: “Protection of labor rights of workers. Consideration and resolution of all disputes related to violations of labor laws.”

Ways to protect the right to work

Speaking about such a concept as the protection of workers' rights, let us turn to the main document of the country - the Constitution. In Art. 2 of the Constitution of the Russian Federation states that human rights and freedoms must be considered the highest value. And the protection of these rights is the direct responsibility of the state. In Art. 45 states that the protection of the interests and rights of every citizen is guaranteed by the state.

Thus, all people have broad rights and freedoms, which are guaranteed to them by the legislation of the Russian Federation. Labor rights occupy a special place. According to Art. 2 of the Labor Code of the Russian Federation, each employee is assigned a wide range of rights, in particular the right to protect their personal and labor interests. Moreover, the same article states that the state is obliged to provide every citizen with the protection of his rights and freedoms. It is logical that there are ways according to which this process occurs:

1. Establishment of working conditions, guarantees of labor rights, which can be improved in agreement with regional authorities. In particular, all these components must be specified in labor and collective contracts and agreements.

2. Development effective system protection directly at objects. At this stage, the creation of trade unions is implied, through which the workers themselves can influence the labor policy of the enterprise. In addition, these organizations carefully ensure that the rights and interests of the working class are not oppressed and are fully ensured.

3. Active promotion of compliance with labor legislation through regular publications in the press, rotation on television channels and radio stations. That is, the creation of conditions under which every person at least figuratively knows the basics of the legislative framework and has an idea of ​​​​the protection of their own labor rights. In essence, this is training in the basics of labor legislation for all segments of the population in order to improve their cultural and legal worldview. In this case, the employee will always know where to complain about the employer.

Structure of legal protection mechanisms

The protection system provided for by Section XIII of the Labor Code of the Russian Federation has a certain structure:

1. At this stage, measures are taken to prevent violations in the field of labor law.
2. At the second stage, all circumstances of the offense on the part of the employer are considered.
3. The third stage involves the restoration of rights that have been violated.

4. But on last stage responsibility for violation of the fundamentals of legislation is determined. At this stage it is formed the whole system punishments for employers who oppressed the rights and freedoms of employees.

All these components are combined into a human rights mechanism, which is designed to regulate the legal relations of workers and employers. This mechanism consists of the following components:

• rules of law that establish rules of behavior in society, taking into account moral and ethical values;
• legal relationship as an element of law directly involved in the lives of participants in the labor process;
• implementation of the rights of all parties to the work process from the point of view of jurisprudence.

Taken together, all these components form single base national system for protecting the rights of employers and employees. As you can see, this is a branched structure.

Basic labor rights of an employee

Having analyzed the Russian legislative framework Regarding issues of labor law, it is possible to understand exactly which employee rights must be strictly observed by the employer. Among them are the following:

• all people have the inalienable right to formal employment in the workplace;
• Life and health insurance is mandatory in case of severe and hazardous conditions labor;
• the employee has a priority right to receive information regarding working conditions, the payment and bonus system, as well as the safety of production activities;
• the right to receive protective clothing and protective equipment at the expense of the employer in accordance with the basics of labor law;
• you can refuse work, no provided for by the agreement or harmful to humans;
• compensation for overtime work;
• right to free medical examination at the expense of the employer;
• personal participation of the employee in investigations regarding accidents, including those that he personally encountered.

How to defend your rights yourself?

One of the most effective mechanisms for protecting labor rights is considered to be a set of measures that employees carry out independently in the event of violations. At the same time, no appeals are sent to government agencies or courts. But even here the complex of independent actions is limited by the framework of labor legislation. As you know, any form of protection of rights should not be used to the detriment of the law, that is, all activities of employees cannot violate the legal system, as well as the ethical and moral foundations of society.

The Labor Code of the Russian Federation provides for methods of personal protection of rights from the arbitrariness of employers. These include the following:

• refusal of employees to perform a task that is not provided for by the terms of the employment agreement;
• refusal to work in situations where there is a direct or indirect threat to a person’s life;
• refusal to perform duties if the employer did not provide workers with protective equipment, equipment, special clothing, etc.;
• a written refusal to perform work if the employer delays wages for more than 15 days (however, in this case it is necessary to refer to Article 142 of the Labor Code, which provides for all possible developments in the event of such a violation).

Essentially, in unilaterally An employee can defend his interests by refusing to perform the duties stipulated by the contract. At the same time, the employer does not have the right to prevent employees from taking self-defense measures, cannot blackmail and threaten with dismissal, fines and deprivation of bonuses. Otherwise, employees will become actively interested in where to complain about the employer and what is needed for this.

If self-defense measures against the arbitrariness of management have not brought any effect, you should turn to trade unions for support.

What role do trade unions play?

Trade unions are voluntary associations of enterprise employees that regulate all issues regarding the legal framework of relations between superiors and subordinates. At the same time, trade unions are able to influence the employer. In particular, when introducing internal production rules of behavior and routine, the employer is obliged to send an official notification of changes to the enterprise’s labor standards to the trade union. In response, inspectors review the changes being introduced and adjust them to suit the interests of the working class.

Trade unions carry out their work in the following areas:

• exercising full control over the employer’s activities;
• conducting independent examinations regarding working conditions and safety;
• taking an active part in investigations of industrial accidents;
• protection of the interests of all trade union members regarding issues of material compensation for harm received as a result of improper organization of the labor process;
• participation in development regulatory documents relating to labor legislation both within one enterprise and at the state level;
• contacting government agencies (such as the State Labor Inspectorate) with complaints about violations;
• direct participation in the consideration of all cases related to direct or indirect violation of the fundamentals of labor law.

How to restore justice?

Unfortunately, few people still know how to protect themselves from unlawful attacks from management. This is especially true for those workers who are officially employed and pay all taxes. Having in hand accompanying documents regarding your professional and labor activity, an employee can protect himself from unscrupulous management. The most important thing is to know what measures to take to resolve the current conflict situation. Let's look at some tips from lawyers:

1. First of all, you should find out who to complain about the arbitrariness of the employer. Even if you do not have conflicts with management, such information may well be useful in the future. For example, a complaint against an employer to the prosecutor's office will maximize the protection of your rights.
2. Decide on all your complaints about management. State them clearly in writing.
3. Please file all complaints in the form of a complaint. To compile it, you can use the help of labor inspectorate employees.
4. Attach to the complaint all documents that confirm the facts of violation of your labor rights.
5. Send the entire package of documents to the labor inspectorate by mail using registered letter or bring the papers in person. At the same time, do not forget to make sure that the complaint has been accepted and received a registration number. Also find out the name of the inspector to whom the documents were received.
6. Wait for a response from an employee who will conduct a formal inspection of the business for some time. Based on the results of the labor inspection inspection, an official report will be drawn up with a list of all violations that the specialist finds at the enterprise.

Remember that you can write a complaint either on your own behalf or on behalf of the team. In the latter case, the signatures of all employees of the organization who disagree with the policies of the enterprise management will be required. If you do not want to advertise your name, you have the right to contact the inspector personally with a request for non-disclosure. In this case, an anonymous complaint against the employer will be established. Don't worry about being skeptical. The Labor Inspectorate also examines such requests.

Possible ways to resolve the conflict

Remember that all relations within the enterprise are within the competence of managers, therefore, if you disagree with the policies being pursued, you have the right to report this to your superiors. Do not rush to knock on the thresholds of all possible authorities, start acting according to the following scheme:

• Internal complaint against employer. At the same time, do not forget that it must be issued in two copies. If you work in a large enterprise and do not have the opportunity to talk to management, leave a complaint with the boss's reception or in the human resources department. At the same time, it must be registered indicating the initials of the employee who accepted it, number and date. If the complaint is refused, it should be sent by letter with acknowledgment of receipt. In this case, the notification of acceptance or refusal of receipt will be a serious argument in further proceedings.

• If management does not take any action, contact state inspection labor with a complaint. This authority has the right to resolve labor conflicts between an employee and an employer. If violations are confirmed, the labor inspectorate may bring the management of the enterprise to administrative responsibility.

• There is another option for resolving a conflict situation. A complaint against an employer to the prosecutor's office is considered the most effective, since the employees of this organization pay maximum attention to compliance with the labor relations between the employee and the employer. Recently, particular attention has been paid to possible violations on the part of the employer. In this case, the prosecutor has the right to initiate an investigation into the facts received. labor violations and take the case to court. Remember that if you contact the prosecutor's office, you will not be able to anonymously complain about your employer. This process requires specifics.

• Trial. This step is advisable even if you are unofficially employed and receive your salary in an envelope. For competent conduct of the trial, it is recommended to attract witnesses and collect any documentary base, which would prove your participation in the process of the enterprise’s activities. As practice shows, in 90% of cases the courts rule in favor of the employee, so do not be afraid to protect your legal rights in this way. But a complaint to the tax office against an employer is unlikely to lead to good consequences. You will also be charged with violating the law.

How to properly file a complaint?

Unfortunately, we are forced to admit the fact that the majority of our fellow citizens are absolutely defenseless against the arbitrariness of the employer. And a large part of this is their fault. Every person should know the basics of legislation and their rights, and in order to protect them, you need to write a complaint about the actions of your superiors if your interests are ignored. Let's look at how to competently write a complaint against an employer:

• In the upper right corner (header of the document), indicate the name of the organization to which you are sending the complaint. This could be the state labor inspectorate, the prosecutor's office, etc.

• Please provide your details below, including your phone number and full name. This is necessary so that the staff of the organization that receives the complaint can contact you.

• Next, describe the situation. At the same time, use a business style of writing, try to talk about your problems dryly and without emotional overtones. Another tip: write to the point. If you appealed to management for recognition of your rights, then indicate this fact and attach the management’s response to your demands. If you have witnesses to the violation, as well as documents, indicate this in the text of the complaint.

• Attach the entire documentary base, including copies of certificates and documents, witness statements, etc.

If you do not know how to file a complaint against an employer in accordance with the requirements of the law, then contact the labor inspectorate. Its employees will help you file claims against your manager. It is also recommended to study examples of completed documents in the inspection. If necessary, you will be provided with a sample complaint against the employer so that all paperwork is completed correctly.

And freedoms, consideration and resolution labor disputes. It also talks about liability for violation of labor laws. In particular, on the basis of Art. 352 of the Labor Code of the Russian Federation, everyone has the right to protect their labor rights and freedoms by all means not prohibited by law.
The main ways to protect labor rights and freedoms are:
- self-defense of labor rights by employees;
- protection of labor rights and legitimate interests of workers by trade unions;
- state control (supervision) over compliance with labor legislation and other regulatory legal acts containing labor law norms;
- judicial protection.

Self-defense of labor rights by workers

Based on Art. 379 of the Labor Code of the Russian Federation, for the purpose of self-protection of labor rights, the employee, having notified the employer or his immediate supervisor or other representative of the employer in in writing, may refuse to perform work not provided for, as well as refuse to perform work that directly threatens his life and health, with the exception of cases provided for by this Code and other federal laws. During the period of refusal of the specified work, the employee retains all rights provided for by labor legislation and other acts containing labor law norms.
For example, an employee uses the right of self-defense by refusing to perform work in case of danger to his life and health (except for cases provided for by the Labor Code of the Russian Federation and other federal laws). In this case, the employer is obliged to provide the employee with another job while such a danger is eliminated (Article 220 of the Labor Code of the Russian Federation). Or the employee can use the right to self-defense if he is not provided with personal or collective defense. In this case, the employer does not have the right to demand that the employee perform work duties.
For the purpose of self-defense of labor rights, an employee has the right to refuse to perform work also in other cases provided for by the Labor Code or other federal laws. So, in accordance with Art. 142 of the Labor Code of the Russian Federation, in the event of a delay in payment of wages for a period of more than 15 days, the employee has the right, by notifying the employer in writing, to suspend work for the entire period until the delayed amount is paid. However, the same norm provides for cases when suspension of work for this reason is not allowed:
- during periods of martial law, a state of emergency or special measures in accordance with the legislation on a state of emergency;
- in bodies and organizations of the Armed Forces of the Russian Federation, other military, paramilitary and other formations and organizations in charge of ensuring the country's defense and state security, emergency rescue, search and rescue, fire fighting, prevention or liquidation work natural disasters And emergency situations, in law enforcement agencies;
- civil servants;
- in organizations directly servicing particularly hazardous types of production and equipment;
- employees whose job responsibilities include performing work directly related to ensuring the life of the population (energy supply, heating and heat supply, water supply, gas supply, communications, ambulance and emergency medical care stations).
During the period of suspension of work, the employee has the right to working hours be absent from work. Anyone who has exercised this right is obliged to return to work no later than the next working day after receiving written notice from the employer of their readiness to pay the delayed wages on the day the employee returns to work.

Pay attention! Unauthorized termination of work or abandonment of a place of work as a means of resolving a collective or individual labor dispute by a person ensuring the safety of the relevant type of activity for the population, if such actions (inaction) are prohibited by law, entails the imposition of an administrative fine in the amount of 1000 to 1500 rubles. (Article 20.26 of the Code of Administrative Offenses of the Russian Federation).

The employer and the employer's representatives do not have the right to prevent employees from exercising self-defense of labor rights (Article 380 of the Labor Code of the Russian Federation).

Protecting the interests of workers by trade unions

Federal law dated January 12, 1996 N 10-FZ "On trade unions, their rights and guarantees of activity" established that trade unions have the right to monitor compliance by employers and officials with labor legislation in organizations in which members work of this trade union, and have the right to demand elimination of identified violations, including on the following issues:
- employment agreement (contract);
- working time and rest time;
- wages;
- guarantees and compensation, benefits and advantages;
- on other social and labor issues.
Employers and officials are obliged to inform the trade union about the results of its consideration and measures taken. A similar requirement is contained in Art. 370 Labor Code of the Russian Federation.
To carry out trade union control over compliance with labor legislation, trade unions have the right to create their own labor inspectorates, which are vested with the powers provided for by the provisions (Model regulation on the legal labor inspection of trade unions approved by Resolution of the FNPR Executive Committee of November 22, 2011 N 7-15), approved by trade unions.

Interregional and territorial associations (associations) of trade union organizations operating on the territory of a constituent entity of the Russian Federation may create their own legal and technical labor inspectorates of trade unions, which act on the basis of the provisions adopted by them in accordance with standard provision the corresponding all-Russian association of trade unions.
Trade union labor inspectors have the right:
- freely visit any employers (organizations, regardless of their organizational and legal forms and forms of ownership, as well as employers - individuals), who employ members of this trade union or trade unions included in the association, to conduct inspections of compliance with labor legislation, legislation on trade unions, compliance with conditions collective agreements, agreements;
- conduct independent examination working conditions and ensuring the safety of workers;
- take part in the investigation of industrial accidents and occupational diseases;
- receive information from managers and others officials organizations, employers - individual entrepreneurs about the state of labor conditions and safety, as well as about all industrial accidents and occupational diseases;
- protect the rights and legitimate interests of members of the trade union on issues of compensation for harm caused to their health at work (work);
- present demands to employers to suspend work in cases of immediate threat to the life and health of workers;
- send employers proposals to eliminate identified violations of labor legislation and other regulatory legal acts containing labor law norms that are mandatory for consideration;
- as independent experts, take part in the work of commissions for testing and commissioning of production means.

Pay attention! By virtue of Art. 377 of the Labor Code of the Russian Federation, the employer is obliged to create conditions for the activities of the elected body of the primary trade union organization. In particular, provide free space for holding meetings, storing documentation, and also provide the opportunity to post information in a place(s) accessible to all employees.

One of the options for protecting the rights of workers by trade unions is for the employer to make decisions taking into account their opinions (Article 371 of the Labor Code of the Russian Federation). In particular, in the case where a change in organizational or technological working conditions may lead to mass layoffs of workers, the employer, in order to preserve jobs, has the right, taking into account the opinion of the elected body of the primary trade union organization, to introduce a part-time (shift) and (or) part-time working regime weeks for up to six months (Article 74 of the Labor Code of the Russian Federation). You will also have to take into account the opinion of the trade union when hiring people to work on weekends and non-working days. holidays in cases not specified in Art. 113 Labor Code of the Russian Federation.
The procedure for taking into account the opinion of the elected body of the primary trade union organization when adopting local regulations is established by Art. 372 of the Labor Code of the Russian Federation, and upon termination of an employment contract at the initiative of the employer - Art. 373 Labor Code of the Russian Federation. Moreover, compliance with the procedure in the latter case does not deprive the employee or the elected body of the primary trade union organization representing his interests of the right to appeal the dismissal directly to the court, or the employer to appeal to the court the order of the state labor inspectorate.

State control

Federal state supervision over employers' compliance with labor legislation and other regulatory legal acts containing labor law norms is carried out by Rostrud and its territorial bodies. The regulation on federal state supervision over compliance with labor legislation and other regulatory legal acts containing labor law norms was approved by Decree of the Government of the Russian Federation of September 1, 2012 N 875. In accordance with this Regulation, state supervision in the field of labor is carried out by state labor inspectors (legal labor inspectors and labor safety inspectors) who have the right:
- in accordance with the established procedure, freely visit organizations of all organizational and legal forms and forms of ownership, employers - individuals in order to conduct an inspection at any time of the day, if you have a certificate;
- request from employers and their representatives and receive from them free of charge documents, explanations, information necessary to perform supervisory and control functions;
- remove samples of used or processed materials and substances for analysis, notifying the employer or his representative about this and drawing up a corresponding report;
- investigate industrial accidents in accordance with the established procedure;
- present employers and their representatives with binding orders to eliminate violations of labor legislation, to restore the violated rights of employees, to bring those responsible for these violations to disciplinary liability or to remove them from office in the prescribed manner;
- issue orders to remove from work persons who have not undergone training in safe methods and techniques for performing work, instructions on labor protection, on-the-job training and testing of knowledge of labor protection requirements;
- prohibit the use of personal and collective protective equipment for workers if such means do not meet the requirements established by the legislation of the Russian Federation on technical regulation and state regulatory requirements for labor protection;
- draw up protocols and consider cases of administrative offenses

Pay attention! Decisions of state labor inspectors can be appealed to the relevant supervisor, the chief state labor inspector of the Russian Federation and (or) to court. Decisions of the chief state labor inspector of the Russian Federation can be appealed to the court (Article 361 of the Labor Code of the Russian Federation).

State control is carried out through inspections, the procedure for which is determined by ratified ILO conventions, the Labor Code, Federal Law of December 26, 2008 N 294-FZ "On the Protection of Rights legal entities and individual entrepreneurs in the exercise of state control (supervision) and municipal control" and the Regulations.
The subjects of the inspection are the employer's compliance with the requirements of labor legislation, compliance with orders to eliminate violations identified during inspections and to take measures to prevent violations of labor law and to protect the labor rights of citizens.
The grounds for conducting an unscheduled inspection are:
1. Expiration of the deadline for the employer to fulfill the order issued by the federal labor inspectorate to eliminate the identified violation of the requirements of labor legislation and other regulatory legal acts containing labor law norms.
2. Admission to the Federal Labor Inspectorate:
- appeals and statements about violations by employers of labor legislation requirements, including labor protection requirements, which resulted in a threat of harm to the life and health of workers;
- an employee’s appeal or statement about the employer’s violation of his labor rights;
- an employee’s request to conduct an inspection of labor conditions and safety at his workplace in accordance with Art. 219 Labor Code of the Russian Federation;
3. The presence of an order (instruction) from the head (deputy head) of the federal labor inspectorate to conduct an unscheduled inspection, issued in accordance with the instructions of the President of the Russian Federation or the Government of the Russian Federation or based on the request of the prosecutor to conduct an unscheduled inspection as part of the supervision of the implementation of laws on those received by the prosecutor's office materials and requests.

FYI. Features of conducting inspections of compliance with labor legislation requirements in organizations subordinate to federal authorities executive power in the field of defense, security, internal affairs, execution of punishments and the authorized body for managing the use of atomic energy, are established by the President of the Russian Federation or the Government of the Russian Federation.

Judicial protection

Individual labor disputes are considered by labor dispute commissions and courts. The procedure for considering cases of labor disputes in courts is determined by the civil procedural legislation of the Russian Federation. In particular, on the basis of Art. 22 Code of Civil Procedure of the Russian Federation and Art. Art. 382, 391 of the Labor Code of the Russian Federation, cases on disputes arising from labor relations are subject to the jurisdiction of courts of general jurisdiction, namely the district court considers such cases as the first instance.
If a dispute arises regarding non-performance or improper execution terms of an employment contract that are of a civil nature (for example, on the provision of residential premises, on payment to the employee of an amount for the purchase of residential premises), then the following is important: although these conditions are included in the content of the employment contract, they are by their nature civil obligations of the employer , which means that the jurisdiction of such a dispute (district court or magistrate) is determined based on general rules determining the jurisdiction of cases established by Art. Art. 23, 24 Code of Civil Procedure of the Russian Federation (Resolution of the Plenum of the Armed Forces of the Russian Federation dated March 17, 2004 N 2 “On the application by courts Russian Federation Labor Code of the Russian Federation").
Cases on declaring a strike illegal have jurisdiction supreme courts republics, regional, regional courts, courts of federal cities, courts of the autonomous region and autonomous districts (part 4 of article 413 of the Labor Code of the Russian Federation).

FYI. An individual labor dispute is an unresolved disagreement between an employer and an employee on the application of labor legislation, as well as between an employer and a person who previously had an employment relationship with this employer, as well as a person who has expressed a desire to enter into employment contract with the employer, in the event of the employer’s refusal to conclude such an agreement (Article 381 of the Labor Code of the Russian Federation).

By general rules the claim is brought to court at the location of the employing organization, and if the employer - individual entrepreneur, then at his place of residence. However, by virtue of Art. 29 of the Code of Civil Procedure of the Russian Federation, claims for the restoration of labor rights can also be brought to the court at the place of residence of the plaintiff, that is, the employee.
To protect his rights through the court, the employee must comply with the deadlines for filing an application for consideration of the dispute. Please note that depending on the categories of cases, the time limits for applying for protection of an employee’s labor rights are different. So, on the basis of Art. 392 of the Labor Code of the Russian Federation, an employee has the right to apply to the court for resolution of an individual labor dispute within three months from the day he learned or should have learned about a violation of his right, and in disputes about dismissal - within one month from the date he was given a copy of the order dismissal or from the date of issue of the work book.
If an employee tried to resolve disagreements through the organization’s labor dispute commission, which, within the established ten-day period, was supposed to consider the dispute and resolve it in someone’s favor, but did not do so, the employee has the right to transfer the consideration of the conflict to the court (Article 390 of the Labor Code of the Russian Federation ). If the commission examined the dispute, but its decision did not satisfy the employee, he can also go to court to appeal within ten days from the date of delivery of a copy of the commission’s decision (Article 390 of the Labor Code of the Russian Federation).

In conclusion

As we can see, the Labor Code provides the employee with a fairly wide range of solutions controversial issues both upon hiring, during employment, and after dismissal. Since, in order to resolve a conflict situation, an employee must submit an application (at least to the state labor inspectorate, at least to the labor dispute commission, at least to a trade union, etc.) indicating the rights violated by the employer, we recommend that contradictions be resolved peacefully. After all, if a violation of labor legislation is established by regulatory authorities, the employer may face not only administrative, but also criminal liability.