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How and where to complain about the employer? Labour Inspectorate. Where to contact if the employer has violated labor laws? Labor Inspectorate as

In relations between the employer and the employee, all rights and obligations of both are governed by the norms of the Labor Code of the Russian Federation.

The law provides for mandatory conditions that must be met workplace, and social conditions that the employee must be provided with.

To comply with the rules Labor Code the state is supervised by a supervisory body subordinate to the Ministry of Labor and Social Protection.

Decree of the Government of the Russian Federation No. 324 "On approval of the regulation on the Federal Service for Labor and Employment" dated June 30, 2004 executive body Rostrud was appointed in the sphere of supervision of labor relations. Another name for this supervisory body is the State Labor Inspectorate.

This organization has territorial divisions in each subject Russian Federation and is directly subordinate to the Federal Service for Labor and Employment.

Tasks of the labor inspectorate

The main tasks and powers of the State Labor Inspectorate are described in Part 2 of Decree No. 324. They include:

Compliance control. Produced by inspections - scheduled and unscheduled.
Supervision of compliance with events that occurred in production and their accounting at the enterprise.
Supervision of implementation social benefits and and preferential categories by bodies endowed with state power.
Supervision of the activities of guardianship and guardianship authorities regarding incapacitated persons.
in organizations funded by the state.
Informing employees and employers on issues related to labor legislation.
Carrying out state examination of working conditions for hazardous and harmful conditions for the purpose of providing compensation to employees.
Enterprise compliance assessment.

When does it make sense to contact the Labor Inspectorate

It should be noted that in addition to scheduled inspections State Inspectorate Labor conducts unscheduled inspections under the conditions described in Article 360 of the Labor Code of the Russian Federation. According to the text of this document, the GTI can come in the following cases:

Upon receipt of applications from employees of the enterprise, indicating the facts of violation by the employer of the main legal acts of labor legislation.
If there is a complaint from an employee of the enterprise about a violation of its labor law.
Upon receipt of a request from an employee of the enterprise, which consists in checking the conditions of the place where he works for compliance with the requirements of labor protection.
At the end of the period assigned to the employer to eliminate violations related to the implementation of labor legislation.

In the event that an employee believes that his labor rights are violated by the employer in any way, he has the right. This can be done in the following cases:

or ;

According to labor law wage must be paid twice a month.

If the employer does not pay wages, according to Article 142 of the Labor Code of the Russian Federation, the employee of the enterprise has the right to suspend the performance of his labor duties and not be at his workplace for a period until the salary is paid in full. At the same time, compensation must be paid to him for each day of downtime. This is evidenced by the test of article 236 of the Labor Code of the Russian Federation.

incorrect calculation;
non-payment of benefits or;

Overtime work in accordance with the norms of Article 152 of the Labor Code of the Russian Federation should not exceed one hundred and twenty hours per calendar year. Such work should be paid at a double rate (with the exception of the first two hours - they are paid at one and a half times from the established salary). In agreement with the employee and only with his consent, the employer may provide time off as compensation for overtime work or work on weekends.

employer's unwillingness to labor contract;

By law, the conclusion of an employment contract is a prerequisite for starting work.

incorrectly executed, entailing a violation of the rights of the employee;
inconsistency of actual working conditions with the text of the contract.

There may still be a lot of reasons for contacting Rostrud, but all of them must have grounds that testify to.

How to contact the labor inspectorate

In order to apply to Rostrud with a complaint, the first step is to find in the directory or on the Internet the address of the territorial department of the GTI and the name of the inspector in charge of the site where the enterprise is located.

Submit the complaint in writing in two copies.

If there are documents that indicate a violation of the rights of the employee, they must be attached to the complaint.

File a complaint with the territorial body of Rostrud in person or by mail by registered letter. One copy remains with the inspector, and the second is marked with the acceptance of the complaint for consideration, the number and signature.

After receiving the application, the STI must consider it within 30 days and send an inspector to inspect the enterprise.

What can the Labor Inspectorate check?

During inspections, the State Labor Inspectorate first of all, it checks the documentation of the enterprise: statutory, organizational and labor.

To labor documents include those that apply to all employees of the enterprise:

contracts - labor and collective;
staffing and timesheets;
internal rules of the enterprise related to the organization of working hours and breaks;
vacation schedules and payrolls;
various journals and ledgers.

The main mistakes occur when drawing up an employment contract.

According to article 57 of the Labor Code of the Russian Federation, an employment contract must consist of three parts:

information about the employee and employer;
mandatory terms of the contract;
additional conditions.

Which conducts, first of all, makes sure that all the conditions that are mandatory for inclusion are indicated in the text. These conditions are enshrined in Article 57 of the Labor Code of the Russian Federation and represent the following requirements:

job information and job responsibilities(with indication of position according to staffing and specific type work);
date of commencement of work and working hours;
conditions of remuneration and rest time;
compensation for work associated with harmful or dangerous conditions.

If, at the time of signing, the contract lacks any of the mandatory conditions, they must be fixed in the form additional agreement which is an integral part of the employment contract.

In addition to checking the documentation, the inspector can check service premises, premises for eating and resting employees, as well as workplaces for compliance with labor protection rules.

During the audit, the GTI may interview personnel, request any information necessary for the audit.

If violations are detected, Rostrud has the right to suspend the operation of the enterprise as a whole or its individual divisions, and may suspend employees who have not completed a safety training course at the workplace.

The inspector has the right to bring to responsibility (administrative) those persons who are guilty of violating the norms of labor legislation.

Send a request to the judicial authorities to terminate the activities of the enterprise, if the conclusion of the labor examination establishes that the working conditions do not meet the requirements of the Labor Code of the Russian Federation.

18.03.2017 29 880 28 Reading time: 18 min.

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

The current realities are such that conflicts between employees and employers are not uncommon, but rather a pattern. Moreover, very often employers to some extent (including very grossly) violate labor laws. Most often, their employees simply put up with it, holding on with all their might to work as the only possible source of income (which is already a mistake), and they allow them to do anything with themselves, they are ready to endure any inconvenience and hardship, just not to be fired. In my opinion, this is a completely wrong position.

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

What is a labor inspectorate?

Where to complain about an employer? To control the observance of workers' rights, there is a special government agency- labor inspection different countries It may be called differently, but the essence is the same).

The labor inspectorate is state organization, designed to monitor compliance with labor laws, resolve labor disputes between employees and employers out of court and have the authority to impose sanctions on employers who violate the law.

For example, the labor inspectorate in Russia is officially called the 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 for now we will only be interested in how to complain about the employer to the labor inspectorate.

When can I complain about an employer?

Let's start by looking at situations in which you can file a complaint with the labor inspectorate. In short, it can be any violation of labor legislation, including those that violate the rights of an employee defined in the Labor Code. Here are the most common examples.

Unreasonable denial of employment. Few people know, but the Labor Code clearly defines the reasons why a person may be denied employment. It often happens that they refuse unreasonably or on false grounds.
Wage irregularities. For example, the payment of wages in a smaller amount than stipulated by the employment contract, delays in the payment of wages, deprivation of part of the salary, unreasonable and inconsistent with the employment contract, etc.
Compulsion to overtime work no pay and extra days off. In this case, it also makes sense to complain to the labor inspectorate, especially if it is systematic.
Failure to provide due leave. It is also a fairly common violation of labor laws, and the labor inspectorate can help solve this problem.
The ban on taking sick leave. Familiar? This is also a gross violation of labor laws, which will apply to you exactly as long as you allow it.
Coercion to perform work not provided for by 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 unreasonably, forces to dismiss, threatens to dismiss "under the article" without good reason, or has already dismissed with any violations of the law (for example, without prior notice and working off 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, which 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 costly, but also the most effective method complain about the employer. because official letter is a document that cannot be ignored: in any case, you will be required to provide the same official answer to it.

Method 2. File a complaint with the labor inspectorate online. This is the easiest option, but not always effective, because your electronic circulation may simply “get lost”, be left without consideration, and you will not necessarily receive an official answer 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 through the hotline. Approximately the same as the second method, only the complaint in this case will need to be stated orally, by phone, it will be recorded from your words. Receiving an answer here also cannot be guaranteed - it all depends on whether it is considered reasonable and requiring consideration.

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

How to file a complaint against an employer?

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

Step #1. Compose the text of the complaint. There are no strict forms by which a complaint to the labor inspectorate is drawn up. The complaint must be made in 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, address of registration and address for receiving a response;
The name and legal address of the employer against whom the complaint is being filed, your position on this enterprise, full name of the head, full name and position of the person you are complaining about;
The essence of the complaint: what exactly is the employer violating, preferably with references to the articles of the Labor Code and / or clauses of the employment contract;
Requests or suggestions: what exactly do you ask or suggest to do with the labor inspection (for example, conduct an inspection at the enterprise, hold the manager accountable, advise you, etc.)

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

Often people are interested: 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 a much more weighty appearance if it is supported by documentary evidence. For example, if you refer to your employment contract, attach a copy of it. If you complain that you are not being paid a salary (or not being paid as much as it should be), attach an extract from your bank account. Etc.

Step number 3. Submit a complaint and await review. If you send a complaint by mail - it is advisable to do this with a notification of receipt - so 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 needs to travel to another region). It all depends on the nature of the complaint and how it was filed. Each complaint is submitted to a specific inspector for consideration, who studies it, makes a decision, agrees with the management and gives an answer.

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

Please note that if it happens that your issue is already resolved during the period of consideration of the complaint, then you have the right to withdraw your complaint. True, if it indicates serious violations, an inspection at the enterprise can still be appointed, they just won’t notify you about the consideration of the issue.

What answer will the labor inspectorate give?

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

The appointment of an on-site inspection at the enterprise in order to ascertain violations.
The order to eliminate violations to the head of the enterprise and the deadline for its implementation. As a rule, it 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 head to administrative responsibility - a fine for violating labor laws. This fine can be quite substantial (depending on the type of violation).
Suspension of the leader (or the perpetrator) official) from office on a temporary or permanent basis.
In some cases - temporary cessation of the enterprise until the violations are eliminated.
In some cases, bringing the head to criminal responsibility.

When can a complaint to the labor inspectorate be rejected?

Consider the most common reasons why a complaint to the labor inspectorate may be rejected:

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

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

If the labor inspectorate rejected the complaint, or gave an answer that does not suit you, but at the same time 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/her immediate supervisor.
Contact professional lawyers in the field of labor law, who will help to 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 for you - you complain to the central or higher organization - the Ministry of Labor and Social Protection.
Complain about the employer to the tax authorities when it comes to tax evasion (black or gray salary).
File a lawsuit against your employer.

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

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

Estimate:

The most common reason for contacting the State Labor Inspectorate is questions about wages and dismissal. But the employee in the process of performing his duties also has other problems: a stuffy room, uncomfortable working conditions, problems with documents, working hours, a boorish boss, and many others. These are also violations of labor rights, and the labor inspectorate is obliged to consider such complaints.

The Labor Inspectorate will consider any complaint that concerns the relationship between the employee and the employer. The agency will check the violations and, if everything is confirmed, will take measures to protect your rights.

Salary

Dismissal

Working conditions and comfort in the workplace

Work without official registration

Employer's responsibility

Employee Responsibility

Working hours and rest time

Occupational Safety and Health

The Labor Inspectorate is obliged to conduct an inspection on the complaint of any person. He does not have to be an employee of the enterprise / organization. The Labor Inspectorate will also check the application of the applicant, who believes that he was unlawfully denied employment.

If the company pays salary in an envelope(in whole or in part), and the labor inspectorate confirms this fact, then not only the employer, but also the employees will have to answer. According to the law, even with a “gray” salary, a citizen must pay personal income tax. The labor inspectorate will transfer the information to the tax office, and that will charge tax on the previously received salary in an envelope.

State Labor Inspectorate:

- accepts and considers letters, applications, complaints, as well as other appeals of citizens indicating violations of their labor rights;

- takes the necessary measures to eliminate violations, as well as to restore violated rights.

How to complain to the labor inspectorate

1. Find out where to complain.

The complaint is filed at the place of registration of the employer. Usually this is the legal address of the organization/enterprise. If the plant is located in Saratov, but registered in Makhachkala, then you will have to complain to Dagestan.

The addresses of the territorial bodies of the Federal Service for Labor and Employment are posted on the website http://www.rostrud.ru/

For employers who are registered in Moscow and the Moscow region, a complaint must be filed with the State Labor Inspectorate of Moscow.

2. Choose a contact method.

You can file a complaint:

Personally;

by registered mail;

By e-mail (to the address indicated on the website of the territorial authority);

Through the information and consulting portal of Rostrud www.onlineinspektsiya.rf.

According to the law, a written appeal to the labor inspectorate will be considered within 30 days from the date of its registration. In special cases (for example, an on-site inspection is needed), this period will be extended, but not more than 30 days.

Can I complain anonymously?

In some cases, the employee wants to complain to the authorities incognito. For example, when you don’t want to lose your job, but you need to correct an injustice.

To do this, in the appeal, indicate that you object to the disclosure of your data to the employer. In this case, the law obliges the inspector to keep the source of the complaint secret (Article 358 of the Labor Code of the Russian Federation).

You still have to indicate your data in the application - anonymous complaints remain without consideration for quite legal grounds. But no one in the team will know who complained to the labor inspectorate.

“I work as an accountant. Everything suits, except for office equipment: computers are nearby, closeness, noise, air conditioners do not work. I complained to the labor inspectorate, said that I did not want to disclose my name to the authorities. As a result, the inspection carried out an inspection and issued an order to the employer to eliminate the violations. So I still work, there were no problems with the authorities. But after the check, we were given a separate room for accounting and installed air conditioners.

If there is a conflict between you and your boss and you are on the verge of being fired, there is nothing to lose. Complain openly.

“There are six months left until retirement, and then they decided to “turn me out”, replacing me with a protégé. They began to put pressure on me to quit, they insulted me in front of the team. I contacted the inspectorate. Colleagues confirmed the fact of pressure. In the end, I kept my job."

3. We write an appeal.

In the application, be sure to indicate which labor rights the employer violates. Attach documents that confirm the facts stated in the application.

What must be included in the application:

full name of the organization;
position of the applicant;
the actual address of the enterprise/organization;
surname, name and patronymic of the head;
if known, indicate the telephone numbers of the administration (reception of the head, head of the personnel department, etc.);
essence of the complaint;
what the labor inspectorate should do: conduct an inspection, hold the employer accountable, take measures to restore violated labor rights;
signature and date.

If the application is collective, this should also be indicated and signed by all employees. If there are too many employees, then put the signatures with the transcripts of the names on a separate sheet and attach to the complaint.

Alexey from Chelyabinsk worked in a Moscow firm on a rotational basis. In the last year the money was withheld. As a result, work orders dried up, and the company owed the man almost 200 thousand rubles. Offended and other colleagues. Therefore, they all together wrote a collective statement at the place of registration of the company, to the territorial office of the labor inspectorate in Chelyabinsk.

4. Submit an application.

Personally. Take 2 copies of the application to the labor inspectorate. One will remain with you, make sure that the secretary puts the number of the incoming document and the date of acceptance on it.

Within 30 days from this date (in exceptional cases - 60 days) an inspection must be carried out at the enterprise. Otherwise, complain to the prosecutor's office.

Russian Post. Complete the delivery notice. When the notice is returned, it will be dated and signed by the person who received the letter. The "countdown" of time for verification will start from this date.

Click Report a Problem. Choose the topic and the result you want to get: checking the enterprise, bringing the guilty to justice or consulting on solving the problem.

After submitting the form, a notification will be sent to the mail that the complaint has been accepted for consideration.

All. A complaint filed via the Internet must be considered as a regular paper one within 30 days.

A complaint may be dismissed for the following reasons:

If the information about the applicant is not indicated or indicated inaccurately.
The text of the complaint contains obscene language or insults.

Should know!

If you do not agree with the conclusions of the labor inspectorate based on the results of the inspection, complain about the inspector to his supervisor. If the head of the labor inspectorate did not help, contact the prosecutor's office and the court. This can be done without waiting for the end of the labor inspection.

Before contacting the labor inspectorate, write to the head of the claim with a request to solve the problem within a reasonable time.

Do not write a letter of resignation own will". Even if the director really asks. Succumb to persuasion - management with a clear conscience will deprive you of part of the mandatory compensation during the reduction. No one can fire you without good reasons provided for by labor legislation.

If you have written such a statement, remember: it can be withdrawn. This must be done in writing. The Labor Code of the Russian Federation provides that an employee does not have the right to withdraw a letter of resignation only if in his place in writing another employee is invited, who cannot be refused to conclude a contract.

If the enterprise has problems and the management does not pay salaries, do not agree to dismissal of your own free will under any pretext!

If the labor inspectorate did not respond to the complaint (this can happen), contact again. In the new application, do not forget to clarify that the first appeal did not receive a response.

State bodies are responsible for the timely consideration of citizens' appeals and for sending a response.

Even if the labor inspectorate does not see a violation of the law in the actions of the employer, the department will send a response. In it, the inspector who conducted the inspection will justify his decision.

You will find a sample application for sending by mail in the instructions of the Center for the Protection of Citizens' Rights " Fair Russia"-" Complain to the labor inspectorate". It will need to be downloaded.

The material was prepared as part of the Program to improve the level of legal literacy and protect the rights of citizens of the Russian Federation in the areas of labor and social protection in 2017.

The applicant will learn about the same “black salary” at the interview and this is a good reason not to get a job in such an organization;

carefully study all documents signed at work. The company knows the TC much better than you and will always find loopholes in the law. So, in many enterprises, employees work all week for 12 hours, on a voluntary and legal basis, receiving “overtime” for this (in fact, the overpayment is minimal), signing an appropriate agreement;
a collective appeal is always more effective than an individual complaint;
ignore any "warnings" or direct threats from your superiors regarding your desire to go to the Labor Inspectorate.

Where can I apply for labor disputes with the employer?

However, there are situations when a complaint against an employing company is also entitled to be filed by someone who is not in business with it. labor relations citizen. If an application for employment has received an unlawful denial that is not based on business qualities applicant or non-compliance qualification requirements, that is, a reason to complain about manifestations of discrimination expressly prohibited by law. Where to complain about the violation of their rights The employee has several addresses where to complain about the employer if his rights are violated.
To do this, a primary trade union organization and a commission on labor disputes are created directly in the company itself. The trade union committee is engaged in protecting the interests of all employees, and the CCC considers individual appeals from employees challenging certain actions of the employer.

Where to complain about the employer in case of violation of labor rights

The exception is disputes about reinstatement, changing the wording of the reason for dismissal and its date, transferring to another job, payment for time forced absenteeism or about the payment of the difference for lower-paid work, about illegal actions (inaction) of the employer in the processing of personal data. They are considered exclusively by the court (Article 391 of the Labor Code of the Russian Federation). A feature of the consideration of employees' applications by the labor inspectorate is that the statute of limitations for labor disputes is calculated by the court, regardless of the appeal to the labor inspectorate.

Therefore, it is often recommended to apply immediately to the court, since if the inspectorate makes a decision not in favor of the employee, he may be denied judicial protection on given reason. At the same time, the duties of the GIT include advising citizens on labor law issues (Order of the Ministry of Labor and Social Protection of September 3, 2014 N 603n).

Where to complain about an employer

Code of Administrative Offenses of the Russian Federation, a fine of up to 100,000 rubles);

concealment of the occurrence of an insured event with compulsory social insurance against accidents at work and occupational diseases(Art. 15.34, fine up to 10,000 rubles);
failure to comply with the legal order of the inspector on time (Article 19.5, a fine of up to 20,000 rubles);
other violations of labor legislation and regulatory legal acts containing labor law norms (clause 1 of article 5.27, a fine of up to 50,000 rubles).

In addition, the employer is obliged, by virtue of the instructions of the labor inspectorate, to bring those responsible for violations of labor legislation to disciplinary responsibility or remove them from their positions in the prescribed manner (Article 357 of the Labor Code).

Where to complain about the employer and how to do it correctly?

It is not necessary to contact the labor inspectorate in person - you can send your appeal by mail. If you want to be sure that your message has reached the addressee, send it to by registered mail with acknowledgment of receipt. In this case, you will know exactly when the Rostrudinspektsiya body received your letter, and you will be able to inquire about the results of the consideration in writing or by phone.
Contacts of the Federal Service for Labor and Employment under the Ministry of Labor and Social Protection of the Russian Federation, under which the State Labor Inspectorate operates: Address: 109012, Moscow, Birzhevaya Ploschad, 1 Phone: 8-800-707-88-41 E-mail: This address Email protected from spam bots. You must have JavaScript enabled to view.

Assistance in labor disputes

You will need

- labor contract;
- employment history;
— documents confirming the fact of violation of the rights of the employee;
- the passport.

Instruction 1 Contact the trade union organization of your enterprise. In order for a trade union to be able to help you effectively, you must be a member. Strong and authoritative trade union committee is able to influence the management of the enterprise and restore the violated rights of the employee.

2 If the company has a labor dispute commission, ask it to consider your complaint against the actions of the employer. Such commissions are usually set up in large enterprises; they include representatives labor collective and employer. The main task of the commission is precisely to consider individual labor disputes.

Please note that this body does not consider issues related to compensation for damages to the employer.
Many of us have disputes on labor issues, both on the part of the employee and the employer. But, since the employer is the “stronger” party in this matter, then, as a rule, employees directly apply for help. Consider several options where an employee can apply:

To the trade union of the organization where the employee works (if any);

to the labor inspectorate;

to the prosecutor's office;

To court.

Contacting a trade union A trade union can help with labor disputes to the employee, but he cannot guarantee 100% protection of the violated right to the employee.
After all, the members of this organization are the same employees who work in it, and they are not always ready to go into conflict with the leadership. How much this organization will defend the rights of workers, depends on the civil position of the members of the trade union.

Who to contact for help with labor disputes

Attention

It makes sense to contact the labor inspectorate if the employer does not draw up an employment contract, does not pay (delays) wages, does not comply with the work and rest regime of employees, or labor protection standards. You can complain about the employer to the inspection - as an option. With a complaint, they turn to the inspection of the region where the enterprise is located. Complaints may be filed in writing or in person.

If there are signs of a criminal offense in the actions of the employer (for example, gross neglect of labor protection at the enterprise), you should contact the prosecutor's office. It is also logical to write a complaint to the prosecutor's office if wages are not paid, there are cases of forced work on weekends or holidays, or illegal dismissal or downsizing.

Who to contact for labor disputes

Your complaint will certainly be considered by a labor inspectorate specialist, and you will receive a response to your appeal. Terms of consideration vary from 30 to 40 days. So, if you think that your rights have been violated, and you are unable to amicably resolve the dispute with the employer, do not sit idly by. You need to know where to complain about a negligent employer and how to do it right. Feel free to write an application to the State Labor Inspectorate, and after its consideration, the inspector will definitely check at your workplace. Remember that you can send a complaint by mail, through the official website or bring it in person.
You can easily find out the exact name of the inspection and its address on the portal of this institution. We hope that now you will be able to defend your interests and know where to complain about the employer.

Info

On a number of issues, tax office can't help;

trade union organization large enterprise can be of great assistance in the confrontation with the leadership. If you do not have such an organization, then you can contact the city / regional trade union of your profession.

Attention! Different services work perfectly from each other. When applying to the Prosecutor's Office or the Labor Inspectorate, you will only need to wait for the completion of the check, which the services must initiate no later than 30 days from the date of application.

At this time, experts will find violations. In court, your claim will not be accepted without already existing evidence of an offense. It is worth saying that when contacting lawyers who specialize in such cases, they, in the vast majority of cases, will go with you to the prosecutor's office and help you correctly draw up a statement.

The employer is not inclined to indulge his subordinates with gentleness and respectful treatment, and sometimes acts quite dictatorially. An offended sense of justice requires a way out, and it can be extremely unexpected.

An employee of one of the private firms, Alexei, outraged by salary delays, nitpicking by his superiors and unfair dismissal, took revenge on his boss with invention and scope.

He created profiles on a dating site of several social networks, posted personal data of the boss and his photographs there, reported his real place of work and contact numbers. To annoy more painfully, the offended employee announced the non-traditional sexual orientation of his former boss and even attached some videos, supposedly as proof.

He probably went overboard in his desire to annoy the hated boss. The idea, of course, is brilliant: revenge is sophisticated, it does not require costs, the target is struck inevitably and swiftly.

Aleksey was looking forward to the fact that the news would spread through the networks instantly, the boss would turn to the administration of networks and sites with a demand to block fake accounts and urgently delete records. The administration, as usual, will react with a delay, and all this time the rumor will buzz, nerves will be wasted, reputation will suffer, and friends and acquaintances will stay away.

All this is true, but the boomerang can return to the author of the revenge action if it is possible to prove his involvement. He should not hope that they will not especially look for it.

They will, and how! They will involve specialists, determine IP addresses, restore correspondence in social networks, and take any other measures. And if the author is established, his guilt is proved, then this trick can cost him dearly.

He cannot avoid a lawsuit for honor, dignity and business reputation, demanding compensation for all types of damage caused. It doesn't seem like much! So was it worth it to start all this, not thinking about the consequences?

If the employer is wrong, of course, it is not good for him to get away with it. But breaking the law at the same time is categorically not recommended, because it is more expensive for yourself.

Industrial conflicts can be all sorts. And employees sometimes come across such that the authorities grab their heads, and the employer often allows himself too much, having finances, connections and administrative resources.

A hired worker goes to work, in need of money, and behind him there are no tough defenders. He is vulnerable, and in a conflict with the employer, he is most often the injured party. Once in a stalemate, a person does not know where to turn, while in the Russian Federation there are state authorities on which he can count.

The conflict with the employer is sometimes so serious that the world cannot resolve it. This is where third-party assistants come in handy, especially those invested with power. These are the labor inspectorate, the prosecutor's office and the court.

Here are the main reasons why people go there.

The employer does not want to conclude an employment contract with the employee.
Pays money "in a black way".
Delays or underpayments.
Pulling time with the payment of sick leave or vacation pay.
Dismissed illegally.
Delays payment and issuance work book upon dismissal.
Otherwise, it violates the Labor Code of the Russian Federation.

How we file a complaint and what we expect from it

Whatever authority the employee applies to, he does it in writing. The text of the document must state the facts clearly and clearly, indicate the dates and attach evidence, in paper or electronic form. If you contact Rostrud, you can use the Online Inspection.rf portal, which allows you to trace the fate of the request.

Anonymous letters are not accepted, you must specify your personal data and contact information. Every complaint must be answered.

If you applied to the labor inspectorate, then the answer will be a visit of inspectors to the enterprise. They'll show up within a month and do a fact check. The same term is given to the employees of the prosecutor's office, they, for their part, first check, and then react.

The court, as the last instance, considers the claim of the employee against the employer. It can be filed until 3 months have elapsed from the date of the violation. All evidence is attached to the case, including the results of earlier measures taken. Both the prosecutor's office and Rostrud present to the court the evidence they have collected in the case, drawn up as the results of an audit.

The employee hopes that the employer will be ordered to eliminate the violation. For example, to reinstate at work, to pay everything that you owe, and so on.

Working in the dark can be dangerous today

If a person agrees to receive a salary in an envelope, then he puts himself in a deliberately losing position. The employer gets almost unlimited power over him: if he wants, he will start paying less, or not pay at all. It will be very difficult to prove that you were not paid for your work. There are no documents, none of the colleagues will go to witness.

The only effective way is to contact the tax office, or at least scare the employer with this. If a complaint is received by the tax authorities, then the employer will be checked no later than in a month. However, in this case, not only the owner of the enterprise, but also the complainant himself may suffer.

The subject of interest of the tax authorities are deductions from the salary, which should be sent to her address. And here questions can arise to the employee. Did he know that the employer does not make deductions from his salary and does not pay taxes?

If he knew, he had to do it himself. If he did not know, then bribes are smooth from him, and all the blame falls on the employer.

Based on the results of the audit, the tax authorities may come to the conclusion that the employee was in cahoots with his employer, and both deliberately did not pay taxes. The consequences for both will be sad: v. 199 of the Criminal Code of the Russian Federation - for the employer, and for the employee - Article 198, as amended in April 2019.

It says that if a citizen did not pay personal income tax and did not indicate income in the declaration, then, in addition to tax, he will also have to pay a fine and penalties. The amount of the fine will be 100-300 thousand rubles, the offender will face either forced labor, or arrest for six months, or imprisonment for up to 1 year - at the choice of the court.

Statistics show that every 5th employee in Russia is faced with arbitrariness on the part of the employer. The most popular violations are layoffs, layoffs, salary delays. Work without a contract is widely practiced, or the minimum rates are indicated in the contract, and the surcharge is paid informally, in envelopes.

Most of the complaints were recorded in large cities. Firstly, there are more jobs there, so people have less fear of losing their source of income. Residents of megacities are more informed about their rights, it is easier for them to decide on active actions.

In small towns, in the provinces, there is less work, where a person is afraid of losing his job and suffers harassment. Yes, and there is little hope for justice, "everything is under control."

If a trade union functions at the enterprise, then the surest thing is to apply there. The trade unions have a wide range of methods of influencing the leadership, the only trouble is that there are too few trade union organizations today.

Most of the complaints still relate to wages. But it is difficult to win money lawsuits against a legally competent employer. Official documents contain only "correct" data, there are no witnesses. And those who were fired earlier are not particularly trusted by the judges, since an offended person can also slander the offender.

The illegality of the dismissal is also difficult to prove, especially when the employee was forced to write a statement of his own free will. It is a little easier to see violations in downsizing.

It must be said frankly that employers unfairly dismiss and oppress all the same, not everyone. First of all, violators of the schedule, those who like to gossip on the sidelines, and not very loyal employees fall under the administrative ice rink. Sometimes a person is to blame for incurring the wrath of the leadership.

How should an employee deal with an employer?

The line of behavior should be calm, restrained, friendly. One's actions must be constantly monitored, starting from the moment of being hired.

You should not agree to work without a contract, to pay according to gray schemes. In this case, you immediately fall into the risk zone.
If you are still involved in the schemes, then check with the accounting department whether the company transfers contributions and taxes in the proper amount. If not, then pay the personal income tax yourself, this will protect you from tax claims when violations are revealed.
Coming into conflict with the employer, count only on yourself. Remember that none of those employees who expressed sympathy and encouragement to you will oppose management next to you.
Supervisory authorities are required to respond to your complaint, but they need solid evidence. Getting involved in a war with your superiors, take care of collecting documents, videos and photos confirming your innocence.
If you are a non-conflicting and impressionable person, then it is cheaper for you to silently find yourself another job. But if you are active, reckless and convinced that you are right, then fight! See only that the pursuit of justice does not push you beyond the laws of the Russian Federation.

If the authorities allow themselves to humiliate and insult subordinates

And such complaints are considered by the GIT.

A citizen under an employment contract has begun to perform official duties. The boss is constantly rude and insults the employee, finds fault and humiliates him. The employee is forced to resign "of his own free will."

The state labor inspectorate received a request from a complaining citizen to eliminate violations of the law by his boss in relation to the employee.

The wording of the complaint refers, in particular, to the inadmissibility of restricting someone's labor rights (Article 3 of the Labor Law).

Article 22 of the Labor Law obliges the employer to comply with labor law. Insults and humiliation of the boss in relation to the employee are a gross violation of them, as well as the threat of dismissal “under the article” if voluntary care is refused.

The complainant (woman), taking advantage of the effect of the constitutional article 37, which protects the right to work ..., to remuneration for it not lower than the minimum wage adopted by law, motivating her decision to remain at her previous place of work by the absence of any other sources of income, filed an application to withdraw the previously submitted application dismissal with a request not to consider the employment contract with the organization terminated. To which she received another batch of insults from her boss and a refusal to go forward.

It didn’t pass, the citizen had every right to withdraw the application during this period (Article 80 of the Labor Code), therefore, dismissal does not occur, but only in the absence of a written invitation from another employee, after which it is impossible to refuse employment to a newcomer.

The position remained vacant at that time, the performance of duties by a woman was carried out in full and at the proper level, and she, using Art. 3 of the Labor Law, which protects citizens from discrimination at work, applied to the court with a request to restore violated rights, compensate for material damage and compensate for moral damage.

The actions of the administration were recognized by the court as contrary to the law. According to Article 419 of the Labor Law, the perpetrators are subject to disciplinary, material, as well as civil, administrative and criminal liability.

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