The applicant was hired on the basis of an employment contract. During the robots, he conscientiously fulfilled his official duties, solved the leadership of the task in a timely manner. The employer unreasonably removed the applicant from work, motivating this as the applicant is in a drunken state. At the same time, the employer constantly reinforces the applicant the obstacles in the implementation of work. By your actions, the employer shall be demolished by the applicant. With the actions of the employer, the applicant disagree and considers them illegal and unreasonable. The applicant asks to consider the complaint on the merits of the problem. To check the organization's activities.
To the State Labor Inspectorate in __________
________________________________________
c. ________________________, residing
Address: ________________________________________
I, ___________________, "___" _____________ ________ years hired to work in LLC "_______________" on the basis of an employment contract No. ______.
My position _____________________ with salary ____________ rubles.
During the work, I conscientiously fulfilled my job duties, solved the task in front of me in a timely manual.
I properly carried out the work charged by the employer, for which I regularly received the salary in the amount established by the workforce.
"___" ________________ 2011 The employer unreasonably removed me from work, motivating this by what I am in a drunken state. I objected and demanded a medical examination to determine the state of intoxication, the employer refused. At the same time, the employer constantly reincarnates me in the implementation of work. With your actions, the employer coats me to quit, I have no desire to stop labor relations. However, the employer threatens to fire for a violation of labor discipline (although there were no grounds for this, there was no comments for the entire period of work on the part of the employer).
With the actions of the employer, I do not agree, I consider them illegal and unreasonable for the reasons below.
In accordance with Article 2 of the Labor Code of the Russian Federation, one of the basic principles of legal regulation of labor relations is the duty of the parties to the employment contract to comply with the terms of the contract, including the right of the employer to demand from employees of the work of labor duties and careful attitude to the property of the employer and the right of workers to demand from the employer Compliance with his duties towards employees, labor legislation and other acts containing labor law.
In accordance with Article 3 of the Labor Code of the Russian Federation, discrimination in the field of labor is prohibited.
In accordance with Art. 21 of the Labor Code of the Russian Federation, the employee has the right to conclusion, the change and termination of the employment contract in the manner and under the conditions established by the Labor Code of the Russian Federation, other federal laws.
In accordance with Art. 22 of the Labor Code of the Russian Federation, the employer has the right to conclude, change and terminate labor contracts with employees in the manner and under the conditions established by the Labor Code of the Russian Federation, other federal laws; The employer is obliged to comply with labor legislation and other regulatory legal acts containing labor law norms, local regulations, collective agreement conditions, agreements and employment contracts.
According to Art. The TC of the Russian Federation goals of labor legislation are the establishment of state guarantees of the labor rights and freedoms of citizens, the creation of favorable working conditions, the protection of the rights and interests of workers and employers.
The main objectives of labor legislation are the creation of the necessary legal conditions to achieve optimal coordination of the interests of the parties to labor relations, the interests of the state.
From paragraph 22 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of March 17, 2004 No. 2 (Ed. Dated September 17, 2010) "On the application by the courts of the Russian Federation of the Labor Code of the Russian Federation" Termination of the employment contract on the initiative of the employee is permissible in the case when the submission of the dismissal application was voluntary His contribution.
In the situation under consideration, I do not want to stop working in _________________. The employer forces me to quit, which is contrary to the law.
Based on Art. 11 TK RF All Employers (individuals and legal entities, regardless of their organizational and legal forms and forms of ownership) in labor relations and other relations directly related relations with employees are obliged to be guided by the provisions of labor legislation and other acts containing labor law.
According to Art. 3 TK RF each has equal opportunities to implement their labor rights. No one can be limited in labor rights and freedoms.
Employer's actions, moral damage to me. My moral suffering is expressed in the fact that I experienced nervous stress, a feeling of resentment because of the unfair actions of the employer in relation to me, as well as anxiety and fear for my future, and was also forced to spend his time and money to defend my legal rights.
My moral suffering is aggravated by the disrespectful attitude of the leadership of this organization to their employees who are in good faith who fulfill their job responsibilities.
In accordance with Art. 362 TC RF headers and other officials of organizations, as well as employers - individuals guilty of violation of labor legislation and other regulatory legal acts containing labor law standards are responsible in cases and procedure that are established by the Labor Code and other federal laws.
According to Art. 352 TK RF each has the right to defend his labor rights and obligations by all non-prohibited by law methods.
The main methods of protecting labor rights and freedoms are:
- self-defense workers of labor rights;
- protection of the labor rights and legitimate interests of employees by professional unions;
- state supervision and control over compliance with labor legislation and other regulatory legal acts containing labor law norms;
- Judicial protection.
The employment of employee, labor rights and freedoms of whose freedom are violated, to a bodies carrying out state supervision and control over the observance of labor law and other regulatory legal acts containing labor law regulations.
In accordance with Art. 33 of the Constitution of the Russian Federation, citizens of the Russian Federation have the right to contact personally, as well as direct individual and collective appeals to state bodies and local governments.
In accordance with Part 1 of Article 353 of the Labor Code of the Russian Federation, state supervision and monitoring of observance of labor laws and other regulatory legal acts containing the norms of labor law, all employers in the territory of the Russian Federation exercise a federal labor inspectorate.
In accordance with Art. 357 Labor Code of the Russian Federation, state labor inspectors in the implementation of state supervision and control over compliance with labor legislation and other regulatory legal acts containing labor law standards have the right to:
In the manner prescribed by federal laws and other regulatory legal acts of the Russian Federation, unhindered at any time of the day in the presence of an established sample certificate to attend to inspect the organization of all organizational and legal forms of ownership, employers - individuals;
request from employers and their representatives, executive bodies and bodies of local self-government and free from them documents, explanations, information necessary to perform supervisory and control functions;
Research samples of used or processed materials and substances in the manner prescribed by federal laws and other regulatory legal acts of the Russian Federation, with the notification of the employer or its representative and to draw up an appropriate act;
Investigate accidents in the prescribed manification;
To present employers and their representatives to fulfill the implementation of the prescription to eliminate violations of labor legislation and other regulatory legal acts, containing the rules of labor law, to restore the violated rights of workers, bringing those responsible in these violations to disciplinary responsibility or to remove them from the post in the prescribed manner;
To send to courts in the presence of conclusions of the state examination of working conditions, the requirements for the liquidation of organizations or the termination of their structural units due to violation of labor protection requirements;
Issue prescriptions for removal from the work of persons who have not passed in the prescribed manner training in safe methods and techniques for working, internships on labor protection, internship in workplaces and verification of knowledge of labor protection claims;
prohibit the use of non-certified compliance or not relevant to state regulations (including technical regulations) of the individual and collective protection of employees;
Make protocols and consider cases on administrative offenses within the limits of authority, to prepare and send other materials (documents) to the law enforcement agencies and to court to the court in accordance with federal laws and other regulatory legal acts of the Russian Federation;
to act as experts in court on procurement on violation of labor legislation and other regulatory legal acts containing the norms of labor law, on compensation for harm caused by the health of workers in production.
In accordance with Art. 2 of the Federal Law of 02.05.2006 N 59-FZ "On the procedure for consideration of the appeals of citizens of the Russian Federation" citizens have the right to contact personally, as well as send individual and collective appeals to government agencies, local governments and officials. Citizens implement the right to appeal freely and voluntarily. The implementation of citizens of the right to appeal should not violate the rights and freedoms of other persons.
The written appeal received to the state body, the local government body or official person in accordance with their competence, is considered within 30 days from the date of registration of written circulation.
Based on the foregoing, in accordance with the norms of the Labor Code of the Russian Federation,
1. Consider my complaint on the merits of the problem.
2. To check the activity of LLC "_____________" (address: ______________________________________________________________________________), according to me, the circumstances on the subject of violation of my labor rights, take measures to protect and restore my violated rights.
3. On the results of consideration of this complaint, report at the above address.
"____" _____________ 2011 __________ / _____________ /
The most common occasion to appeal to the State Labor Inspectorate ─ wages and dismissal issues. But the employee has other problems in the process of fulfilling their duties: a stuffy room, uncomfortable working conditions, problems with documents, work mode, head-Ham and many others. These are also violation of labor rights, and the work is obliged to consider such complaints.
Labor inspection will consider any complaint that concerns the relationship between the employee and the employer. The agency will check the violations and, if everything confirms, takes measures to protect your rights.
The salary
Dismissal
Working conditions and comfort in the workplace
Work without official design
Responsibility of the employer
Responsibility of employee
Working hours and rest time
Occupational Safety and Health
Labor inspection is obliged to check on a complaint of any person. It does not have to be an employee of an enterprise / organization. The work will check the applicant's statement, who believes that he was illegally refused to take a job.
If the enterprise is Platitis salary in envelope(Fully or partly), and the work will confirm this fact, then respond not only to the employer, but also to employees. By law, even with the "gray" salaries, a citizen must pay NDFL. Property will transfer information to the tax, and that calculate tax For previously received salary in the envelope.
State labor inspectorate:
- accepts and examines letters, statements, complaints, as well as other appeals of citizens, indicating violations of their labor rights;
- Takes the necessary measures to eliminate violations, as well as restoring violated rights.
How to complain about the labor
1. Find out where to complain.
The complaint is submitted at the place of registration of the employer. This is usually the legal address of the organization / enterprise. If the plant is in Saratov, but registered in Makhachkala - then it is necessary to complain about Dagestan.
Addresses of territorial bodies of the Federal Service for Labor and Employment are posted on the site http://www.rostrud.ru/
At employers who are registered in Moscow and the Moscow region, the complaint must be submitted to the State Labor Inspectorate of Moscow.
2. Select the way.
You can file a complaint:
Personally;
By registered mail;
E-mail (to the address specified on the site of the territorial body);
Through the information and consultation portal of Rostruda www.Onlyinospect.
Written appeal to the labor inspection by law will be considered within 30 days from the date of registration. In special cases (for example, you need an exit check) this term will extend, but not more than 30 days.
Is it possible to complain anonymously?
In some cases, the employee wants to complain to the authorities of incognito. For example, when you lose work, you do not want, but you need to correct injustice.
To do this, in contact, specify that you object to the message to the employer of your data. In this case, the law obliges the inspector to keep the secret on the source of the complaint (Art. 358 of the Labor Code of the Russian Federation).
Specifying your data in the application will still have - anonymous complaints remain without consideration on quite legal grounds. But in the team no one will know who complained about the work.
"I work as an accountant. Everything suits, except for equipping an office: computers are nearby, stuffing, noise, air conditioners do not work. I complained about the employment inspection, said that I do not want to disclose my name before the bosses. As a result, the inspection conducted an inspection and issued to the employer to eliminate violations. So I still work, there were no problems with the boss. But after the inspection, we were given a separate room under the accounting and set air conditioners. "
If there was a conflict between you and bosses and you are on the verge of dismissal - there is nothing to lose. Be complain openly.
"It's half a year left before retirement and then I was decided to" pull ", changing at the protege. I began to put pressure on me so that I would quit, insulted at the team. Appealed to the inspection. Colleagues confirmed the fact of pressure. As a result, I retained the work. "
3. We write appeal.
In the statement, be sure to specify which labor rights violates the employer. Attach documents that confirm the facts set out in the statement.
What must be indicated in the application:
- full name of the organization;
- the position of the applicant;
- the actual address of the enterprise / organization;
- surname, first name and patronymic of the head;
- if known, indicate the telephones of the administration (reception manager, head of the personnel department, etc.);
- essence of complaints;
- what should work should do: check, attract employer to justice, take measures to restore violated labor rights;
- signature and date.
If the statement is collectiveThis is also worth indicating and subscribe to all workers. If workers are too much, then put the signatures with decoding surnames to a separate sheet and attach to the complaint.
Alexey from Chelyabinsk worked in the Moscow company the Watch method. In the last year, money was detained. As a result, orders for work dried up, and the company remained a man almost 200 thousand rubles. Offended and other colleagues. Therefore, they all wrote a collective statement at the place of registration of the company, to the territorial separation of the work in Chelyabinsk.
4. Submit an application.
Personally.In the work, take 2 instances of the statement. One will stay with you, make sure that the secretary will put the number of the incoming document and the date of adoption.
Within 30 days from this date (in exceptional cases - 60 days), an audit must be conducted at the enterprise. Otherwise, complain about the prosecutor's office.
Russian Post.Fill out the delivery notification. When the notification returns, it will stand the date and signature of the person who accepted the letter. "Counting" time to check will go from this date.
Click "Report a Problem". Select the topic and the result you want to: Check the company, bringing responsible for responsibility or consultation to solve the problem.
After sending a form to the mail, a notification will come about the fact that the complaint is accepted for consideration.
Everything. The complaint filed over the Internet is obliged to consider as well as the usual paper for 30 days.
The complaint can be left without consideration for the following reasons:
- If the applicant's information is not listed or are in unreliable.
- The text of the complaint has obscene expressions or insults.
You should know!
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If you do not agree with the conclusions of the work officer, according to the results of the inspection, complain about the inspector to his head. If the teacher's head did not help, please contact the prosecutor's office and to court. This can be done and without waiting for the end of verification of the work.
Before contacting the work, write a claim to the manager with a request to solve the problem within a reasonable time.
Do not write a statement about the dismissal "at your own request." Even if the director is very asking. Assume to persuade - guidelines with a clean conscience will deprive you of part of mandatory compensation in reducing. Without good reasons provided for by labor legislation, no one can dismiss you.
If such a statement has been written, remember: it can be withdrawn. Make it need in writing. The Labor Code of the Russian Federation provides that the employee does not have the right to withdraw the application for dismissal only in the case when another employee is invited in writing in writing, who cannot be denied the contract.
If the enterprise has a problem and management does not pay salary, do not agree to the dismissal on your own accord!
If the work did not respond to the complaint (this can happen), please contact again. In a new statement, do not forget to clarify that the first appeal did not receive an answer.
State bodies are responsible for the timely consideration of citizens' appeals and the direction of response.
Even if the labor inspectorate will not see the violation of the law in the actions of the employer, the department will send an answer. In it, the inspector who conducted an inspection justifies its decision.
Sample application for sending by mail You will find in the instructions of the Center for the Protection of the Rights of Citizens "Fair Russia" - "Complain to the Labor Inspection". It will be necessary to download it.
The material was prepared as part of a legal literacy program and protection of the rights of citizens of the Russian Federation in the spheres of labor and social protection in 2017.
In labor inspection Served in cases where the employer violates any rights of employees, refuses to provide guaranteed payments and vacations. How to write and file a complaint to the employment inspection, which rules need to be observed when writing such a document, let's talk in detail in this article.
How and in what cases are the complaints in the labor inspection?
For clarity, we give an example of writing complaints:
State labor inspectorate
omsk, ul. Lenina, D.1
from Ivanov Sergey Leonidovich
omsk, ul. Leningrad, D.1 sq.1
contact phone: 11-11-11
From 2012 to today, I have been working in the Stroyinvest LLC, which is located at the address: City Omsk, Railway Street, House 15. From October 2017 to the present, the employer refuses to give me an annual paid vacation, referring to the fact that To replace me at a time of vacation. I have repeatedly wrote applications for vacation, however, such statements by employees of the personnel department were not accepted.
After the next refueling on November 05, 2018, I wrote a complaint addressed to General Director of the Grozin Society Vladimir Ivanovich. The secretary in the reception director has adopted, but to fix the fact of his adoption on my instance refused. The answer to the complaint did not give me.
Then I tried to talk to the director personally and signed up for a meeting on December 20, 2018. During this meeting, the director directly pointed me that the vacation would not be supplied to me, and if I am going to argue, I can immediately write an application for dismissal.
In connection with the foregoing
- check this fact and attract the responsibility of the perpetrators;
- ensure the implementation of my right to pay for vacation.
How to write a complaint to the labor inspection of Moscow
In the labor inspectorate of Moscow, it is not difficult to write a complaint. You can submit it in 3 ways:
- bring the complaint personally;
- send a claim by Russian Post;
- complain to the unfair employer through the official website of the State Labor Inspection site.
Let's consider each of the ways to submit a complaint to the labor inspection in more detail.
- In the first case, everything is more or less clear. Write your complaint (it is important to recall that all appeals should be in 2 copies); Take it to the inspection (on the second copy, be sure to impress the date of submission of the document, as well as the signature and decoding of the signature of the face adopted); And then wait the answer to your appeal. It is important to note that in the complaint you need to specify not only the address for the direction of the answer, but also the contact phone number so that you can quickly contact you if there will be additional questions when considering the complaint.
- Sending a complaint by Russian Post is about the same as the personal delivery of circulation. Write a complaint (leave the second instance from you), then go to the mail, fill out the notification form and send an appeal to a registered letter with the notice. When the notification returns, you will have a confirmation of the receipt of the letter and the signature of the person who accepted it. In addition, you can simply save the sending receipt. Before the notification returns, this receipt confirms the fact of sending.
- The simplest way to appeal to the employment inspection today is to submit a complaint over the Internet. In order to submit a complaint to the labor inspection of the city of Moscow, you will need to visit the official website of this state structure. On the site, select the online receiving tab, and then decide on the topic of your appeal (select from the proposed list). It has the most common problems: wages, working hours and recreation time, employment and dismissal from work, changing the working conditions, labor protection, disciplinary and material responsibility of the employee, etc. If the themes of your appeal are not, then you need Select the "Other Questions" tab. By clicking on the link, click the "Send Application" button.
In order to send a complaint, you will have to fill out a small form: specify your name, surname and middle name, address, contact phone number and email address. You will also need to choose how you want to receive the answer: in writing by mail of Russia or email.
After that, you need to make data on the employment organization, indicate the TIN and OGRN of the company, the name and position of the head, as well as the name of their position. Below you will be offered several options for your appeal, for example: Conducting and attracting guilty persons; excitation of administrative production; Receiving advice on the issue, etc. Opposite the desired action should be ticking.
Then you can then go to the direct writing of the complaint. The main text of the complaint must be issued under the general rules of the business letter. As additional materials, various files can be applied to the application (for example, a scan copy of the employment contract, documents confirming your position, etc.).
What is important to consider
Workers often do not represent where and how to contact if their labor rights are violated. Some agree to close the eyes on violations due to the fact that they are afraid to remain without workplace. But in such situations it will be wrong to be silent. A sample application to the employment inspection at the employer in such a situation is very useful.
Appeal to employees of labor inspection - the right of everyone who witnessed violations. Complaints are also compiled by those who observe injustice towards others.
Here are just some offenses that can be fixed in a similar way.
| Offense | Description |
| Violation of the procedure when receiving | Problems arise due to lack of information regarding the salary, conditions and procedures for obtaining incentive payments. This is a direct violation of existing legislation. No employers have the right to draw up test time for pregnant women. Another option of illegal actions is the application of responsibility for an employee who violates the rules, although the citizen was not familiar with them from the very beginning. |
| Discrimination against subordinates during labor relations | The requirements of the TC provide annual leave, compensation, timely payment, but employers often refuse it. A forced overtime work is used in conditions that do not comply with legislation. |
| Dismissal also often undergo violations | Common examples are an untimely notification of dismissal or reduction; the absence of all due pay during dismissal; Translation of compensation later day of dismissal; Lack of workbook on the last day. |
The presence of at least one of the conditions gives the full right to apply to the work inspection.
Where and how are the complaints?
The application is submitted to employees of the Labor Inspectorate in the region where the violation is observed. Its departments are available in each subject under any circumstances. In total, there are three ways to submit documents:
- With a personal visiting. For this, a citizen comes in the department, reports documents in the reception.
- By registered mail, with the relevant notice. The method is considered more convenient, with the exception of the high probability that the document will be lost in the forwarding process.
- Using an electronic form, via Internet channels. All papers are scanned, then depart on the appropriate page.
Claim to employers about missing salary
Two instances of this document are compiled. One of them, with a special mark, remains in the hands of the subordinate. The claim will be the main proof for the court if it comes to proceedings.
Employees have the right to terminate if the money delay amounted to 15 days or more. But this is required to inform the manager in writing, otherwise the lack of in the workplace can be considered a break. Employees of the Labor Inspectorate are obliged to check the accuracy of information from any complaints. After that, a definite solution is made.
About illegal dismissal
To resolve the issue, a citizen will have to go through several stages:
- It all starts with research on the topic of what the department of inspection establishes a specific enterprise. The name of the manager should also know for sure.
- Next, a letter is written with a request to recognize the dismissal of the illegal procedure. Such statements contain personal data from each of the parties, information on the establishment to which the application is sent. Specific facts that violate the rights of the employee are outlined in a strict business style. The statement must be submitted no later than a month after the labor relations were terminated.
- Complex and confusing cases are recommended to immediately direct the courts.
Complaint in the case of informal design subordinates
And here, the problem inspectorate is engaged in solving problems. She is sent statements and requests that the actions of the head are recognized by illegal. The main thing is to maximize evidence in favor of what time was actually worked out in the enterprise. Any types of papers will help here:
- What was access to, until a citizen fulfilled his duties.
- Witness's testimonies. It will be enough to attract at least two colleagues - then the court almost with a 100% probability will fall on the side of the applicants.
- Often a simple oral message to the head helps to achieve documents. It is only necessary to say that in the absence of payment and the corresponding papers, a citizen is going to submit a complaint to the inspection.
Proper complaints for all situations
The document must contain the following information so that the probability of consideration has increased:
- The full name of the separation of the territorial labor inspection together with F. I. O. Head of this institution.
- Information on the applicant itself, including the registration address and F. I. O ..
- Title of the document.
- The essence of circulation. The applicant describes the situation in which, according to his own opinion, rights were violated. It is necessary to write about what happened where and when. Separately indicate specific norms disturbed by the head. Describes the damage caused and evidence that can be used when considering the case. Here is the information of the organization, where the violation occurred.
Additional complaints
They will be useful to study with any means of transferring a message - both in writing and electronic. Compliance with the following conditions helps to avoid controversial situations and additional questions:
- The applicant's data must be correct. Without consideration, the paper compiled anonymously.
- The text in circulation is recommended to be concisely and objectively, without adding personal experiences about what happened. Business style is saved when writing any suggestions.
- It is important to have only reliable facts that are actually verified in practice.
- Slander and insults, obscene vocabulary are prohibited.
- If it is possible - it is necessary to apply scanned copies of documents, as evidence.
Using the official site
This opportunity appeared from citizens since January 1, 2017. Now the appeal algorithm looks like this:
- The procedure begins with registration on the website of the State Service. Mobile phone, email and F. I. O. - these are the data that will be needed to visitors.
- Through the personal office in public services will easily enter the portal owned by the Labor Inspection itself.
- The "Report a Problem" tab is selected on the page. Selecting tabs before authorization leads to automatic forwarding to public services to complete the procedure.
- The visitor is watching the proposed options and decides which category it is suitable for him.
- Further, the result is selected, which I would like to achieve - Consultation with a specialist, the imposition of administrative responsibility on the employer, carrying out unscheduled inspections.
- The main thing is to closely fill in all the proposed fields.
- It remains to click on the sending message button.
- After that, the email comes confirmation that the application was adopted. From this point on, 30 days are counted, which are given inspections for consideration.
On the terms of consideration, response
1 Calendar month - a maximum of the term from obtaining a complaint before considering the question in detail. This is said in law. Consideration of cases of illegal dismissal is faster - in 10 days.
After the statement is learn, the enterprise most often organize an unscheduled verification. After the decision is made with the requirement to eliminate the identified disorders to a certain time.
Labor Inspection: How can it act after receiving a complaint?
For 30 days after the transfer, the documents are carefully studied, as well as the arguments set out by the compiler. If all information is confirmed, then the following events development options are possible:
- An order is made with the requirement to eliminate violations.
- The head attracts responsibility: criminal or administrative.
- The company is ordered to temporarily suspend activity.
- Separate employees are removed from work.
Regarding anonymity
The question of leaving anonymous messages remains relevant. Legislation suggests that the rights to consider anonymous complaints from the inspection. But the citizen himself can indicate separately that its data is not disclosed. In the email form, it is enough to put a mark.
About collective complaints
This is another option that allows citizens to report on perfect violation. Most often in messages describes discrimination against the entire team.
But the law does not prohibit collectively report both violations aimed at a particular employee. The main thing is to indicate F. I. O. Representative of the enterprise, on behalf of which a document is drawn up.
On the inspections from the Labor Inspection
Total check is carried out in two basic versions.
| View | Description |
| Planned | The inspectors themselves are held on the initiative of the inspectors themselves, no additional statements are necessary. Processes are organized towards enterprises where violations were revealed, accidents occurred. Inspector warns the organization's management before the appointment of the day of verification. |
| Target | Here only the initiative from the subordinate is important. The check is carried out by an inspector responsible for the territory where the organization is located. An authorized person first tries to identify violations described in a statement from a citizen. If illegal actions are identified - the order is made to eliminate them, the penalty is discharged in certain sizes. Rigid measures can be taken depending on the degree of guilt. |
Inspector under similar circumstances has the following powers:
- Suspension of activities, throughout the enterprise or specific divisions.
- Organization of legal proceedings about existing violations.
- Investigation of any circumstances related to the inconsistent accident.
- Attracting the administrative responsibility of those who guessed.
- Issuance of prescriptions for removal from the work of persons not familiar with the rules of security. Or not confirmed their knowledge, qualifications in this area.
- The presentation of the prescriptions that the identified violations should be eliminated.
- Supervision ensuring that the enterprise complies with minimal requirements of legislation.
If the question remains without consideration and answer
It is necessary to submit a complaint again if the first document was left at all without consideration. Be sure to indicate a re-transmission fact. In the text marks the date when the initial statement was sent.
If the inspection officers refuse again - they should substantiate their response in writing. In disagreement with the decision, the applicant has the right to go further to the court.
Submission of claims, regulations
Before turning to court, you need to prepare a whole package of documentation. Most of the position gives the head, no later than in three days. It is recommended to send written official requests, because it is characterized by the desire to delay the time.
The claim is given to the city or district court responsible for the address of the leader. The main thing is that the document is issued in accordance with the current legislation, otherwise it will be denied in consideration.
Rules follow the following:
- In the header indicates the name of the court, where the lawsuit is sent.
- After that, the plaintiff indicates its personal data, the address of the permanent place of residence.
- Information on the respondent is filled in a similar way.
- In the center they write the phrase "statement of claim". In the continuation of the phrase indicates the reason why I had to start creating a claim.
- So that the court immediately moved to consideration without additional questions - the essence of the case must be described as in detail. If possible, it is written concrete legislation violated by the head.
- When the problem is set out - the plaintiff describes in detail its requirements.
- Copies of the employment contract together with the Labor Book become mandatory applications. The more evidence of the violations allowed - it will be better.
- ICS are submitted no later than three months after it became aware of the violation.
Sample application for labor inspection at the employer
It's not difficult to write a complaint. It is enough to fill this sample according to the rules described above:
What if the decision of the inspector does not suit?
The first of the possible options is to appeal to the management of that specialist who made the initial decision. The main thing is to clearly state the essence of the problem. And try to make it so that the second side has enough time to consider all the outlined circumstances.
If the management refuses to considerse the complaints - then there is a direction of applications for law enforcement officers. This is usually the police or the prosecutor's office.
Finally, the judicial instance remains, which acts as an extreme measure. Take such steps is recommended only after checking all previous methods. And you need to make sure that they do not give any result.
Final thoughts
If the head unambiguously violates the rights and current legislation, it is not necessary to be afraid to defend your interests. Compiled complaints from workers often solve problems in favor of the latter. The main thing is to competently approach the collection and compilation of the necessary documentation.
It is possible to attract employers who do not pay wages over 3 months or more. In this case, the documents are immediately sent to the nearest police station. Article 145.1 of the Criminal Code of the Russian Federation is the main basis for which they are attracted to liability under similar circumstances.
It is difficult to contact the employment inspection, see this video:
Form for receiving a question, write your
Often, employees, noticing injustices or violations of the prescribed norms and rules, are asked: "How to complain about the employer's work inspection?".
To begin with, you need to understand that the appeal to the State Labor Inspectorate (hereinafter referred to as GIT) cannot but have reasons, since such applications should have extremely weighty arguments. After all, the groundless accusation may not be simply challenged, but also put in guilt the plaintiff himself from the defendant, as it can hurt him "honor", the concept that also exists in the Codes.
However, if your rights are really violated, you should not silence. Contact the inspection without a branch of conscience. However, in advance, see this article to understand all the subtleties of your application.
How to contact the labor inspection and who can file a claim
A complaint can actually file any employee whose rights are violated. As it was previously said, it is not worth sending a statement if you are not sure that you specify the truthful information or just want to slander your bosses. However, if your rights or rights of your colleagues have been violated, you have the full right to send a letter or contact directly to the Social and Legal Institute, engaged in the protection of the rights of workers' people.
You can also contact this institute in several ways, which provides a lot of opportunities for a person with any schedule or for the one who simply does not want to come to the institution directly.
There are such ways:
- Letter;
- Statement;
- A complaint;
- Direct appeal.
Employees are concerned and another question relating to anonymity. If you want to remain unrecognizable and afraid of problems with the evil bosses or you are not sure that your claim is justified and want to leave the authorities in ignorance about your person, you are most worried about the question: "Is it possible to contact an anonymous labor inspection?"
Make it impossible. If you want to remain anonymous, then you can not complain about anywhere. The article of the Federal Law regulates it, obliging people to sign their own complaints, pointing out the name, address, and also leaving their contact number (not necessarily) and signing a document. All this, except for the phone number, remains necessarily. This is necessary for the response of this Social and Legal Institute. You must specify not only the complete data of your company or a person who comes to a complaint, along with his post and its data in full.
What grounds can be a factor for filing a complaint against an employer
You can refer to the highest authorities if:
- You do not provide work that was spelled out in your workforce earlier upon its conclusion;
- You are worried about problems paying salary. It can be paid partially, not to pay at all or paid not according to the term;
- Providing an incorrect agreement and legislation, as well as a collective agreement, a workplace;
- Lack of insurance, which is mandatory according to current legislation, and the absence of it is punishable in accordance with the Labor Code of the Russian Federation;
- You refuse to grant holidays, hospital or weekends.
There may also be other factors that cause an appeal to this Social and Legal Institute, however, it is necessary to consult a lawyer if your reason does not fall out with the accuracy of the above.
Types of complaints (appeals)
Complaints, in a broad sense, divided into:
- Oral;
- Written.
Oral in turn are represented by direct appeal to the institution. Written can be a letter, complaint or statement. Registration of these complaints is, in general, identical, however, it is worth paying attention to from registration as a whole. And do not forget about specifying accurate data.
How to write a complaint about the labor inspection
A complaint to the employment inspection must be written in the form of a statement. In this application, you must specify the following facts that are mandatory and without them notality:
- Company name, address of the office, senior positions;
- The position of man who comes with a complaint of his name, if possible, the address, also the position and, if possible, the contact phone;
- It must be specified in the main part of the claim itself, arguing it;
- Specify your own data: FULL NAME, if possible, the phone number is mandatory place of work, position, home postal address for feedback.
This is the answer to the question of how to compile complaints and on the necessary data and general rules for compiling applications, which are provided in writing even with oral applying to the institution.
How to write a statement to the employment inspection (written)
As mentioned earlier, a written statement is drawn up in any case, since your complaint must be documented. In this case, it is necessary to specify in the complaint the entire information specified above, and will also assure it with its signature and provide employees of the institution.
Terms of consideration of complaints by labor inspection
Terms of consideration of complaints by labor inspection are reduced to 30 calendar daysto study the details of the case and verification of the information provided, as well as, perhaps, to confirm your complaints by other employees of the company.
After inspection is provided 10 calendar days The ability to realize the designated sanctions.
The term of appeal to the labor inspection and timing of the consideration of a written complaint
An equally important parameter, if you are going to contact the appropriate instances, is what the deadlines for your appeal to these bodies are set. The terms of appeal to the labor inspection are also limited, as well as the reasons for the appeal to this Social and Legal Institute.
Turning time can be limited only in the case of dismissal. But the periods of consideration are limited. The inspector is obliged to find out all the details during the month, as well as to introduce prescriptions in execution within 10 calendar days.
What if you disagree with the results of the work inspection
If the employee or employer does not agree with the results of the inspection, each employee, the highest or lower positions has the right to apply for appeal against the decision.
Options for such a procedure exist only two:
- In order of submission;
- Litigation.
It is necessary to resort to legal proceedings if the first option was not crowned with success.