Submit a complaint to the labor inspectorate anonymously. Complaint to the labor inspectorate online

The State Labor Inspectorate (State Labor Inspectorate) carries out "federal state supervision over the observance of labor legislation and other regulatory legal acts containing labor law norms." The labor inspectorate is authorized to carry out unscheduled in the organization, if an employee has received a corresponding appeal. At the same time, it must be remembered that “Appeals and statements that do not allow identifying the person who applied to the state control (supervision) body ... cannot serve as a basis for conducting an unscheduled inspection” (Clause 3, Part 2, Article 10 of the Federal Law of 26.12. 2008 N 294-FZ). In other words, the GIT should not respond to anonymous requests.

The application procedure takes place in two steps.

Step 1. Making a complaint

The first thing to do is to file your complaint properly. For this, a written statement is drawn up, which must contain:

• The name of the state body;
• Name of the applicant;
• postal and e-mail address of the applicant;
• content of the complaint;
• applicant's signature;
• date;
• copies of supporting documents (if any).

A written appeal to the State Labor Inspectorate is not accepted for consideration if it does not indicate the full name of the applicant or the mailing address for the response (clause 1 of Article 11 of the Federal Law "On the Procedure for Considering Appeals of Citizens of the Russian Federation" dated 02.05.2006 N 59-FZ ). In addition, there will be no response if the text cannot be read (clause 4 of article 11 of the Federal Law of 05/02/2006 N 59-ФЗ).

Sample complaint to the labor inspectorate

Step 2. Submitting a complaint to the labor inspectorate

The application can be sent in one of the traditional ways: personally take it to the GIT at a set time or send it by Russian Post or e-mail.

In the first case, an application should be drawn up in two copies, one of which is certified and remains in the hands of the applicant.

In the second case, the appeal is sent by registered mail, and the applicant receives a notification of its delivery to the addressee.

Both methods are associated with certain inconveniences and time costs. From January 1, 2017, in connection with the introduction of amendments to, the requirements for consideration of appeals to the State Labor Inspectorate have been changed. Now every citizen has the opportunity to file a complaint with the labor inspectorate online.

How to write a complaint to the labor inspectorate online

You can register an appeal online using the resource onnininspektsiya.rf. All that is required is to log in to the site and follow the steps suggested by the system:

1. Open the "report a problem" service.
2. Select a category of problem (hiring, changing working conditions, dismissal, working hours, etc.)
3. Refine the category of the problem by choosing one of the proposed options. If the problem does not fit into any of the categories, you should go back to step 2 and select “Other violation of labor rights”.
4. Highlight the desired result of consideration of the application (verification of the stated facts; identification of the perpetrators with bringing them to administrative responsibility; consultation on the questions asked).
5. Outline the essence of the appeal, indicating information about the applicant and the employer.
6. Give consent to the processing of personal data.

Tracking the status of the application is carried out in your personal account online.

Results of consideration of the complaint

The application to the State Labor Inspectorate is registered within 3 days, regardless of whether it was submitted online or in writing. The term for consideration of the application is no more than 30 days from the date of its registration. Sometimes the consideration period is extended, but not more than 30 days, with the obligatory notification of the applicant.

If the application is drawn up properly, the inspector conducts an inspection, during which the presence or absence of the fact of violation of the employee's rights is revealed and an appropriate act is drawn up. If the fact of violations is confirmed, the employer is issued an order to eliminate them, and a reasoned written response is sent to the applicant.

Many people in our country face a situation related to the violation of their rights in the field of labor. But not everyone knows that to protect these rights, there is a labor inspectorate, whose activities are aimed at accepting complaints from employees and resolving other issues with employers.

Do not forget that they differ from the general statute of limitations. If the total term is 3 years, then for labor disputes - 3 months... The term begins to run from the moment when the person found out (or should have known) that his rights were violated. So where exactly do you need to file a complaint against the employer and what documents are required for this?

Foundations

Any citizen of our country has the right to apply to the labor inspectorate if his rights as an employee have been violated. The activities of the inspection are aimed at restoring this right. You can apply there for any reason in which an employment relationship took place.

Most often they apply for the following reasons:

• Non-payment, or withholding of wages.
• Refusal to exercise the right to vacation.
• Violation of working conditions (or their change).
• Compliance with the norms and requirements of labor legislation in the field of labor protection.
• Refusal to calculate upon dismissal.
• Refusal on the day of dismissal.
• Issues related to the specifics of working hours, namely, overtime work, etc.

There can be many reasons for appeal - all of them are regulated by the Labor Code of the Russian Federation.

Where can this be done?

So where exactly can you apply?

It is necessary to submit an application to the inspectorate of the area in which the employee's rights were violated. Each region has its own labor inspectorate. There are 3 main ways to serve:

1. Personally... To do this, you must come with an application and the necessary package of documents to the inspection and hand them over to the reception.
2. By registered mail with notification... This method is more convenient, but do not forget that a letter with original documents may be lost during the transfer.
3. Electronic form via the Internet... For this method, you will also need to draw up an application and collect the necessary documentation package. All documents will need to be scanned and sent along with the application.

The procedure for handling and considering a complaint is detailed in the following video:

Can I complain anonymously?

Many citizens have a question about the possibility of anonymous filing of an application - there may be several reasons for this:

• The employee did not quit his job, but he wants to initiate a check with his employer (while fearing that his complaint may negatively affect his career).
• The employee has already resigned, but he is afraid of any action on the part of the former employer, which could entail negative consequences for the applicant.

Whatever the reason, you will have to indicate your data on the application - otherwise it will not be accepted and considered, since the labor inspectorate does not consider anonymous applications.

If an already dismissed employee fears the former employer, in the event of illegal actions against him, he will have every right to contact the police, which will take the necessary measures. Besides, in the complaint itself, you can make a request not to disclose the data to the other party.

Submitting through the site

To file a complaint online, you must:

1. Go to the official website of the labor inspection.
2. Fill in all the required fields (information about the employee and employer).
3. State the essence of the problem.
4. Attach scans of all required documents.

In addition, you will need to choose what actions you expect to receive from the inspection:

• Initiate verification of the employer enterprise.
• Initiate administrative proceedings, identify the perpetrators and bring them to administrative responsibility.
• To get a consultation.

In an electronic appeal, it is also necessary to indicate only real contact information - the inspectorate does not provide assistance to fictitious and anonymous authors.

Within 30 days from the date of submission, the staff of the institution will consider the appeal and send a response to the applicant.

What is required for this?

To file a complaint, you must write a statement that will contain:

• Full name, address, contact phone number of the applicant.
• Employer data (full name of the head, actual and name of the company).
• In the complaint itself, it is necessary to describe all the circumstances in which the violation of rights occurred.
• At the end, it is necessary to state the requirement: what measures the applicant asks to apply to the employer (as in the electronic application), and also indicate the list of attached documents.
• Date and sign with a decryption.

Basic documents to be attached to the application:

• Appointment order.
• A copy of the work record book (if the applicant has one).
• A copy of his passport.

As additional documents, you can select any documents that the applicant considers necessary when considering his application (memos, e-mail correspondence, etc.)

Consideration period

As in other state institutions, for the inspection there are certain deadlines during which this body is obliged to consider the application, take all the necessary actions and give a written response to the applicant about the decision.

Complaints to the labor inspectorate are considered on time up to one month from the date of admission. If necessary, this period can be extended, but no more than 30 days... In the event of an extension of the deadline, employees of the institution are required to notify the applicant in writing.

Labor inspection check

There are 2 main options for checking:

• Planned made without an application - at the initiative of the inspector. Most often, they are exposed to enterprises where numerous violations have previously occurred or have been identified. Before carrying out such an inspection, the inspector warns the management of the organization in advance.
• Target carried out at the request of the employee. Any complaint, as a rule, entails an inspection by the inspector, to whose territory the given enterprise belongs. When visiting the company, the authorized person first of all checks the violations described in the application. If they are identified, the inspector will write out a fine, as well as issue an order to eliminate them, the observance of which he will check on the next visit. Also, depending on the nature of the violations, the inspector may not limit himself to an order, but take more stringent measures in accordance with his powers.

Inspector's powers:

• supervising the employer's compliance with labor legislation;
• submission to the employer of binding instructions on the restoration of violated labor rights of the employee;
• issuance of orders for the suspension from work of persons who are not familiar with the safety instructions and were unable to confirm their knowledge of labor protection;
• bringing to administrative responsibility;
• investigation of the circumstances of industrial accidents;
• initiation of legal proceedings on the fact of violation of the law;
• suspension of the activities of the organization or its divisions.

What to do if you disagree with a decision

The decision of the labor inspectorate (as well as other state bodies) can be appealed if the applicant does not agree with the result.

It is necessary to file a complaint with the head of the relevant state labor inspectorate or the chief state labor inspector of the Russian Federation.

Employer's criminal liability

If the employer does not pay wages for more than 3 months, the employee has the right to write a statement on bringing him to criminal liability.

This document must be sent to the police at the location of the employing organization. In this case, the person responsible for paying salaries will be involved under Art. 145.1 of the Criminal Code of the Russian Federation.

How to draw up an application and contact the labor inspectorate online? What does the labor dispute inspectorate check? How is the employer checked by the labor inspectorate?

Cases of violation of workers' labor rights are widespread. Most people perceive injustice from their superiors as an inevitable nuisance and do nothing for fear of retaliation in the form of sanctions or dismissal.

Meanwhile, Russian legislation has a full arsenal of regulations and administrative levers to protect the rights of an ordinary worker, and put any tyrant boss in place.

Welcome to Valery Chemakin, a legal consultant, and this article will talk about such a useful service as the labor inspection. You will find out how effective her protection is.

At the end of the article, you will find an overview of several law firms whose staff will help resolve your disagreements with your superiors.

1. What is the labor inspectorate and what does it check?

Labor legislation includes many rules and regulations that govern the relationship between workers and employers.

On the part of the latter, disregard for labor law is quite often manifested, which contributes to the emergence. Read about the essence of this concept in our special article.

To resolve them, a labor inspectorate has been created in Russia, the appeal to which enables workers to defend their rights out of court. All employers are obliged to obey the decision of this authority or to appeal it in court. The inspectorate is subordinate to the Ministry of Labor and Social Protection of the Population.

Control and supervision in the field of labor relations, carrying out inspections on labor protection, consideration of complaints - this is not all that the State Labor Inspectorate does.

Activities of the labor inspectorate:

• conducts inspections of employers (planned and unscheduled) in order to identify and suppress the facts of violation of labor legislation;
• monitors the progress of inspections on accidents at work;
• checks the legality of payments of social benefits;
• controls the activities of the guardianship authorities in terms of work with disabled citizens;
• permits in government agencies;
• conducts outreach work;
• conducts an examination of harmful production conditions;
• assesses the state of affairs with labor safety at enterprises.

Another name for this service, presented in all regions, is Rostrud.

2. When to contact the labor inspectorate - overview of the main situations

The powers of the labor inspectorate are such that the inspector has the right to come with an inspection not only according to a previously agreed plan, but also unscheduled. This is possible when there are complaints about the employer from employees, and (about its functions, read a separate article) is not able to resolve the conflict.

Since the labor inspectorate is a state controlling body, an unscheduled inspection is also appointed to monitor the execution of the order after the expiration of the period for eliminating violations. What are the grounds for an unscheduled inspection by the labor inspectorate?

Situation 1. Delay or non-payment of wages

The law stipulates that an employee must receive a salary twice a month. The days of payment are clearly reflected in the employment contract. If the employer systematically delays wages or does not pay them in full, the employee has the right to appeal to the inspectorate with a complaint. By the way, you don't have to go to work until the debt is paid off. You will also be paid for the forced downtime.

Situation 2. Incorrect calculation of compensation upon dismissal

On the day of dismissal, the employee has the right to receive a full payment, taking into account all the required compensations. If the employer did not do this or deceived the leaving employee, then the labor inspectorate will impose a fine on him, even if he is an individual entrepreneur. In addition, it will oblige to pay every penny.

Situation 3. Non-payment of benefits

Russia is a welfare state, therefore a large number of citizens belong to the privileged category. They are entitled to benefits, the payment of which depends on many factors. The authorities administering these payments sometimes violate and deny citizens their legal rights. In this case, you also need to contact the inspection.

Example

Nikolai Pavlovich lived in a remote village and as long as his health allowed, he bred bees. Several years ago, he bought his minor son an apartment in the city with an eye to the fact that he would go to university and he would need his own home. Then Nikolai Pavlovich fell ill and had to sell the apiary, but he had a northern pension.

The son went to study and applied for a social scholarship, but he was refused, arguing that he and his father had sufficient income, and they also had their own apartment.

The guy turned to me for advice, I advised to contact the labor inspectorate. After all, he lived in an apartment alone, was an adult at the time of applying for a scholarship, which means that the father should not be taken into account as a family member when calculating.

That helped. Literally a few days later, he was given a certificate, according to which they began to pay a scholarship. The most interesting thing is that the inspector only had to call social security and warn that they had committed a violation.

Situation 4. Refusal to exercise the right to vacation

According to the Labor Code and the Constitution, all workers have the right to rest. The employee has the right to use it as early as 6 months after employment. Some employers, hiding behind a business need, do not let their employees go on vacation.

As a result, it takes a year, one and a half, and sometimes even two. This should not be the case - be sure to contact the labor inspectorate. Read the next section on how to do this.

3. In what ways can you file a complaint with the labor inspectorate - 3 proven ways

You do not know how to write to the employer in the labor inspection, but really want to? Then you have to learn some rules.

Rules for drawing up a complaint to the labor inspectorate:

• do not pour water, describe only facts and support them with evidence;
• fewer emotions - they do not carry a semantic load;
• do not use profanity;
• introduce yourself and indicate your contacts.

If someone is wondering whether it is possible to contact the labor inspectorate anonymously, know that such a slander will not be considered. Below I propose to consider 3 ways of addressing.

Method 1. Personally contact the labor inspectorate

If in your city or village there is a working representation of the labor inspectorate, come there in person and present your problem directly to the inspector. Perhaps he will solve your problem without any statement or explain that you are mistaken, and the employer is right.

If the truth is on your side, then you need to write an appeal according to the sample proposed by the inspector. In it, state the facts that you have cross-checked several times. Write without emotion, concisely with links to the attached documents.

What documents are needed to contact the labor inspectorate:

• the passport;
• labor contract;
• orders or orders of the head, related to the case;
• other documents confirming the illegality of the administration's actions.

A note will be made about the acceptance of documents for consideration, and you will be given a receipt.

Method 2. Send the application by mail

How to write a letter to the labor inspectorate so that it really reaches the addressee and is considered? It couldn't be easier. Introduce yourself. Indicate the name and details of the organization to which you have complaints. Concisely and reasonably state their essence. Attach to the letter copies of the documents confirming your words according to the inventory.

Then send a certified letter with notification. You will receive a tear-off coupon confirming that your appeal arrived at the address. Be sure to include your return address, phone number, and email address. This will help to quickly solve your problem.

Method 3. Via the Internet

The most convenient way is to submit an appeal to the labor inspectorate online. The Rostrud website has a special form for this. It is very convenient and does not require any special knowledge. Read about how to use this method in the next section.

4. How to apply to the labor inspectorate online - step by step instructions for beginners

Modern technologies make it possible to solve the most serious and urgent tasks using the Internet. In particular, today you can get a large number of services by submitting applications through the portals of the relevant authorities or directly through the website of the State Service.

2) Lexlife

This company specializes in resolving all types of disputes in court and out of court, including the settlement of labor disputes. The main thing is not to miss the deadline for contacting the labor inspectorate established by law, especially after dismissal. To do this, you need to immediately use the services of Lexlife.

Company Services:

3) Yuscon

The main activity of the company is accounting support. However, the solution of personnel issues of the enterprise is also within the sphere of interests of the company. If you are an employee, then specialists will advise and protect your rights, both in the labor inspectorate and in court. If you are an employer, then by concluding an agreement with them, you will protect yourself from unnecessary claims related to violation of labor laws.

Now I propose to watch a thematic video.

7. How to appeal the decision of the labor inspectorate - procedure

Unfortunately, the decision of the labor inspectorate does not always fully satisfy the victim. But everyone has the right to appeal it first to the head of this service, and then in court.

How to do it - read below.

Action 1. We compose and send a letter to the head of the labor inspection

If you think that during the inspection the inspector did not take into account some of the arguments and made a decision not in your favor, prepare a letter addressed to his manager. In it, describe in detail the nature of the problem, attach a copy of the inspector's response and indicate the points with which you disagree. Substantiate your statements. If necessary, find additional arguments in your favor.

The term for consideration of such a complaint is no more than 30 days. If you are satisfied with the results, the incident is settled. If not, then proceed to the next step.

Step 2. We collect documents and materials that you want to dispute

The court must provide those documents that, in your opinion, are controversial. These include: orders and orders of the head, timesheets and schedules, settlement documents. Here we put the answers received from the labor inspectorate.

Step 3. Go to court

We write a statement of claim according to the model that we take in court. We attach to it the documents listed above, declare witnesses if necessary. Don't forget to pay the state fee. When going to court, I recommend hiring a lawyer who has experience in civil matters in the field of labor law.

The applicant was hired on the basis of an employment contract. During the robots, he conscientiously fulfilled his official duties, timely solved the tasks assigned to him by the leadership. The employer unreasonably removed the applicant from work, arguing that the applicant was drunk. At the same time, the employer constantly creates obstacles for the applicant in the implementation of labor activities. By their actions, the employer forces the applicant to resign. The applicant disagrees with the actions of the employer and considers them illegal and unreasonable. The applicant asks to consider the complaint on the merits of the problem. Check the activities of the organization.

To the State Labor Inspectorate for the city of __________
________________________________________

gr. ____________________________, living in
address: ________________________________________

I, ___________________, "___" _____________ ________, was hired at LLC _______________ on the basis of the employment contract No. ______.
My position is _____________________ with a salary of ____________ rubles.
During my work, I conscientiously fulfilled my official duties, timely solved the tasks assigned to me by the leadership.
I properly performed the work entrusted by the employer, for which I regularly received a salary in the amount established by the employment contract.
"___" ________________ 2011 the employer unreasonably removed me from work, motivating it by the fact that I was drunk. I objected and demanded a medical examination to determine the state of intoxication, the employer refused. At the same time, the employer constantly creates obstacles to me in the implementation of labor activities. By his actions, the employer is forcing me to quit, I have no desire to terminate the employment relationship. However, the employer threatens to fire me for violation of labor discipline (although there were no grounds for this, for the entire period of work from the employer there were no comments to me).
I do not agree with the actions of the employer, I consider them illegal and unreasonable for the following reasons.

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 obligation of the parties to the employment contract to comply with the terms of the concluded contract, including the employer's right to demand from employees that they fulfill their labor duties and respect the property of the employer and the right of employees to demand from the employer compliance with his obligations in relation to employees, labor legislation and other acts containing labor law norms.

In accordance with article 3 of the Labor Code of the Russian Federation, discrimination in the field of work is prohibited.
In accordance with Art. 21 of the Labor Code of the Russian Federation, the employee has the right to conclude, amend and terminate the employment contract in the manner and on 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, amend and terminate labor contracts with employees in the manner and on the terms established by the Labor Code of the Russian Federation, other federal laws; the employer is obliged to comply with labor laws and other regulatory legal acts containing labor law norms, local regulations, collective bargaining agreements, agreements and labor contracts.

According to Art. 1 of the Labor Code of the Russian Federation, the goals of labor legislation are to establish state guarantees of labor rights and freedoms of citizens, create favorable working conditions, protect the rights and interests of employees and employers.
The main tasks of labor legislation are to create the necessary legal conditions for achieving optimal coordination of the interests of the parties to labor relations, the interests of the state.

From clause 22 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of March 17, 2004 N 2 (as amended on September 28, 2010) "On the application by the courts of the Russian Federation of the Labor Code of the Russian Federation", termination of an employment contract on the initiative of an employee is permissible in the case when the application for dismissal was voluntary by his will.

In this situation, I do not want to stop working in _________________. The employer is forcing me to resign, which is against the law.

Based on Art. 11 of the Labor Code of the Russian Federation, all employers (individuals and legal entities, regardless of their organizational and legal forms and forms of ownership) in labor relations and other 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 of the Labor Code of the Russian Federation, everyone has equal opportunities to exercise their labor rights. No one can be limited in labor rights and freedoms.

By the actions of the employer, I suffered moral damage. My moral suffering is expressed in the fact that I experienced nervous stress, feelings of resentment because of the unfair actions of the employer towards me, as well as anxiety and fear for my future, and also had to spend my time and money to defend my legal rights.
My moral suffering is aggravated by the disrespectful attitude of the leadership of this organization towards its employees, who are conscientiously performing their duties.

In accordance with Art. 362 of the Labor Code of the Russian Federation, heads and other officials of organizations, as well as employers - individuals guilty of violating labor laws and other regulatory legal acts containing labor law norms, are liable in cases and in the manner established by the Labor Code and other federal laws.
According to Art. 352 of the Labor Code of the Russian Federation, everyone has the right to protect their labor rights and obligations in all ways not prohibited by law.
The main ways to protect labor rights and freedoms are:
- self-defense of labor rights by employees;
- protection of labor rights and legitimate interests of employees by trade unions;
- state supervision and control over the observance of labor legislation and other normative legal acts containing labor law norms;
- judicial protection.
Among the methods not prohibited by law is the appeal of an employee whose labor rights and freedoms have been violated to a body that exercises state supervision and control over compliance with labor legislation and other regulatory legal acts containing labor law norms.

In accordance with Art. 33 of the Constitution of the Russian Federation, citizens of the Russian Federation have the right to apply personally, as well as to send individual and collective appeals to state bodies and local self-government bodies.

In accordance with part 1 of Article 353 of the Labor Code of the Russian Federation, state supervision and control over the observance of labor legislation and other regulatory legal acts containing labor law norms by all employers on the territory of the Russian Federation is carried out by the federal labor inspectorate.
In accordance with Art. 357 of the Labor Code of the Russian Federation, state labor inspectors, when exercising state supervision and control over the observance of labor legislation and other regulatory legal acts containing labor law norms, have the right:
in accordance with the procedure established by federal laws and other regulatory legal acts of the Russian Federation, freely at any time of the day, if there are certificates of the established form, to visit organizations of all organizational and legal forms and forms of ownership, employers - individuals in order to conduct an inspection;
to request from employers and their representatives, executive authorities and local self-government bodies and receive from them free of charge documents, explanations, information necessary to perform supervisory and control functions;
to seize for analysis 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 notification of the employer or his representative and draw up an appropriate act;
investigate accidents at work in the prescribed manner;
present employers and their representatives with binding orders to eliminate violations of labor legislation and other regulatory legal acts containing labor law norms, to restore violated workers' rights, to bring those responsible for these violations to disciplinary responsibility or to remove them from office in the prescribed manner;
to send to the courts, in the presence of the conclusions of the state examination of working conditions, the requirements for the liquidation of organizations or the termination of the activities of their structural divisions due to violation of labor protection requirements;
issue orders on the suspension from work of persons who have not undergone training in safe methods and techniques for performing work in the prescribed manner, instruction on labor protection, internship at workplaces and testing of knowledge of labor protection requirements;
prohibit the use of personal and collective protective equipment for workers that do not have certificates of conformity or do not meet state regulatory requirements for labor protection (including the requirements of technical regulations);
draw up protocols and consider cases of administrative offenses within the limits of authority, prepare and send to law enforcement agencies and the court other materials (documents) on bringing the perpetrators to justice in accordance with federal laws and other regulatory legal acts of the Russian Federation;
to act as experts in court on claims for violation of labor legislation and other regulatory legal acts containing labor law norms, for compensation for harm caused to the health of workers at work.

In accordance with Art. 2 of the Federal Law of 02.05.2006 N 59-FZ "On the Procedure for Considering Appeals of Citizens of the Russian Federation", citizens have the right to apply personally, as well as to send individual and collective appeals to state bodies, local governments and officials. Citizens exercise the right to appeal freely and voluntarily. The exercise by citizens of the right to appeal should not violate the rights and freedoms of others.
A written application received by a state body, local self-government body or an official in accordance with their competence is considered within 30 days from the date of registration of the written application.

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. Conduct an audit of the activities of LLC "_________________" (address: ______________________________________________) on the circumstances set out by me for the violation of my labor rights, take measures to protect and restore my violated rights.
3. Report the results of the consideration of this complaint to the above address.

"____" _____________ 2011 __________ / _____________ /

Today there are such unscrupulous leaders who disregard the norms of labor legislation and violate the rights of citizens. The regulations provide for the ability of workers to protect their rights by contacting the labor inspectorate. Let's take a closer look at a sample of a complaint to the labor inspectorate against an employer and the process of filing it.

When can you file a complaint?

What should an ordinary employee whose labor rights have been violated by an unscrupulous employer? He has the right to write a complaint to the labor inspectorate. This can be done if the employee has witnessed the abuse of his official position, or if he himself has become a victim of discrimination. Let's turn to those actions that can be considered illegal on the part of the employer:

• When hiring, the head of the organization violated the registration algorithm: the salary, information about incentives, bonuses and other payments are not indicated in the employment contract; forced a pregnant employee to go on probation; there was no acquaintance with the internal documentation and orders, and later punitive measures were applied for ignorance.
• The employer clearly discriminated against the employee: refusal to grant the due leave; payment of wages is delayed or incomplete; compensations, which are provided for by labor legislation, were not paid; instead of paying sick leave, the boss makes him go on vacation at his own expense; the employee is forced to work overtime.
• Dismissal violations: there was no notice of dismissal or redundancy; upon dismissal, the due funds were not paid; all cash payments were made after the day of dismissal; no work book was issued.

In all these cases, the employee has the right to file a complaint with the labor inspectorate against his manager. In addition, a complaint can be filed from a whole team of employees.

Sample complaint

Legally, there are no specific forms of the complaint itself. You can write a letter to the labor inspectorate in free form. It is important that the complaint contains basic information:

• information about the victim (full details, actual address and phone number);
• information about the organization;
• the essence of the appeal and complaint;
• signature and date of compilation.

It is necessary to describe the employer's offenses clearly, adhering to business ethics. All information should be truthful and easily verifiable, as well as objectively reflect the state of affairs. The complaint must not contain a personal relationship to the accused person. It is best if the complaint describes successive events. The letter itself can be drawn up in accordance with the labor inspectorate for the employer, presented below.

Complaint process

After the letter has been drawn up, you can proceed as follows:

1. Visit the Labor Inspection Department in person and refer the complaint to an authorized person. For this, the document is drawn up in several copies, on one of which the inspection employee must put a visa. The letter can be accompanied by the necessary documents confirming the written.
2. A sample complaint to the labor inspectorate against the employer can be sent by registered mail.
3. Send an email using the online labor inspection service. On the site, you must fill in all the fields provided and indicate your data. You can also choose a convenient answer from the inspector. A sample of a collective complaint can also be sent electronically.

The Labor Inspectorate has a month at its disposal to respond to the citizen's letter and notify further actions. If the complaint does not fall within the competence of this body, service workers redirect the appeal to the competent authority within a week. Also, the labor inspectorate reserves the right not to consider a complaint if it contains direct threats.

Anonymity

A sample complaint to the labor inspectorate against the employer must contain information about the applicant. Otherwise, the service does not consider anonymous letters. But the applicant has the right to ask the inspector not to disclose personal data to the employer, that is, to demand confidentiality.

This fact must be indicated when drawing up a complaint.

Collective complaint

A sample collective complaint is useful if the application is submitted on behalf of a whole group of employees whose rights have been violated or there has been discrimination by management. Also, the team can write a letter regarding the infringement of the rights of one of the employees. In any case, in such an appeal, it is imperative to indicate the details of the employee representative, on whose behalf the complaint is submitted.

Examination

If the letter to the inspection was drawn up correctly, then after a month the applicant will receive a notification about the upcoming inspection. A complaint review conducted by the labor inspectorate may include:

• control of labor conditions;
• interviewing all employees of the organization;
• request for necessary documentation for analysis, etc.

After checking, the inspection officer must draw up an act where all violations are recorded. Based on the violations found, the following measures can be applied to the manager:

• issuance of an order to eliminate all violations;
• imposition of administrative sanctions.

In the latter case, the amount is set individually, depending on the severity of the violation.

If the inspector has identified rather serious violations, then the results can be submitted to the court for initiating a criminal case. This can happen if:

• safety rules were violated, resulting in the death or injury of an employee;
• termination of an employment contract with a pregnant woman or the mother of a child under three years old;
• systematic non-payment of wages for more than three months.