Sample application to the state labor inspectorate. Organizations that can help with filing a complaint

Employees often do not know where and how to apply if their labor rights are violated. Some agree to turn a blind eye to violations because they are afraid of being left without a job. But in such situations, it would be wrong to remain silent. A sample application to the labor inspectorate for an employer in such a situation is very useful.

Appeal to employees of the Labor Inspectorate is the right of everyone who has witnessed a violation. Complaints are also made by those who observe injustice towards others.

Here are just some of the offenses that can be recorded in this way.

The presence of at least one of the conditions gives the full right to file a complaint with the labor inspectorate.

Where and how are complaints filed?

The application is submitted to the employees of the labor inspectorate in the region where the violation is noticed. Each subject has its own branches under any circumstances. There are three ways to submit documents:

1. On a personal visit. To do this, a citizen arrives at the office, hands over the documents at the reception.
2. By registered mail, with appropriate notice. The method is considered more convenient, except for the high probability that the document will be lost during the transfer process.
3. With the help of an electronic form, through Internet channels. All papers are scanned, then sent on the appropriate page.

Complaining to employers about missing wages

Two copies of this document are being made. One of them, with a special mark, remains in the hands of a subordinate. The claim will become the main evidence for the court if the case goes to trial.

Employees have the right to stop work if the delay in money was 15 days or more. But this must be reported to the manager in writing, otherwise the absence from the workplace can be considered absenteeism. Employees of the labor inspectorate are required to verify the accuracy of the information from any complaints. After that, a decision is made.

About illegal dismissal

To resolve the issue, a citizen will have to go through several stages:

1. It all starts with a study on the topic of which department of the inspection is assigned to a particular enterprise. The name of the leader must also be known exactly.
2. Further, a letter is written with a request to recognize the dismissal as an illegal procedure. Such statements contain the personal data of each of the parties, information about the institution to which the application is sent. Specific facts that violate the rights of an employee are stated in a strict business style. The application must be submitted no later than one month after the employment relationship was terminated.
3. Complicated and confusing cases are recommended to be immediately sent to the courts.

Complaint in the case of informal registration of subordinates

And here the Labor Inspectorate is engaged in solving problems. She is sent applications and requests that the actions of the leader be recognized as illegal. The main thing is to collect as much evidence as possible in favor of the fact that the time was actually worked out at the enterprise. Any kind of paper will help here:

1. What was accessed while the citizen was performing his duties.
2. Witness's testimonies. It will be enough to involve at least two colleagues - then the court will almost with 100% probability take the side of the applicants.
3. Often a simple verbal message to the manager helps to achieve paperwork. You just need to say that in the absence of payment and relevant papers, the citizen is going to file a complaint with the inspection.

Proper Complaint Formation for All Situations

The document must contain the following information in order to increase the likelihood of consideration:

1. The full name of the department of the territorial labor inspectorate, along with the full name of the head of this institution.
2. Information on the applicant himself, including the registration address and full name.
3. Title of the document.
4. The essence of the appeal. The applicant describes a situation in which, in his own opinion, rights were violated. It is necessary to write about what happened, where and when. Separately, specific norms violated by the leader are indicated. It describes the harm done and the evidence that can be used in the consideration of the case. The information of the organization where the violation occurred is also written here.

Additional Complaint Rules

It will be useful to study them in any way of transmitting a message - both written and electronic. Compliance following conditions helps to avoid controversial situations and more questions:

1. The applicant's details must be correct. Papers drawn up anonymously remain unconsidered.
2. The text in the appeal is recommended to be concise and objective, without adding personal feelings about what happened. The business style is preserved when writing any proposals.
3. It is important to have only reliable facts that are actually verified in practice.
4. slander and insults obscene language are prohibited.
5. If possible, you should attach scanned copies of documents as evidence.

Using the official site

This opportunity has been available to citizens since January 1, 2017. Now the conversion algorithm looks like this:

1. The procedure begins with registration on the website of the State Services. Mobile phone, email and full name - these are the data that visitors will need.
2. Across Personal Area at the State Services, it will be easy to enter the portal owned by the Labor Inspectorate itself.
3. On the page, the "Report a problem" tab is selected. Selecting the tab prior to authorization results in an automatic redirection to Public Services to complete the procedure.
4. The visitor looks at the proposed options and decides which category suits him best.
5. Further, the result that we would like to achieve is selected - a consultation with a specialist, the imposition of administrative responsibility on the employer, and the conduct of unscheduled inspections.
6. The main thing is to carefully fill in all the proposed fields.
7. It remains to click on the send message button.
8. After that, you will receive an email confirmation that the application has been accepted. From this moment, 30 days are counted, which are given to the inspection for consideration.

About the terms of consideration, response

1 calendar month is the maximum period from receipt of a complaint to consideration of the issue in detail. That's what the law says. Consideration of cases of illegal dismissals is faster - in 10 days.

After the application is studied, the enterprise most often organizes an unscheduled inspection. After that, a decision is issued with the requirement to eliminate the identified violations by a certain time.

Labor inspectorate: how can it act after receiving a complaint?

Within 30 days after the transfer, the documents are carefully studied, as well as the arguments set forth by the originator. If all information is confirmed, then it is possible the following options developments:

• An order is issued with the requirement to eliminate the violations.
• The leader is held liable: criminal or administrative.
• The company is ordered to temporarily suspend operations.
• Some employees are suspended from work.

About anonymity

The issue of leaving anonymous messages remains relevant. The legislation says that the Inspectorate has no right to consider anonymous complaints. But the citizen himself can indicate separately that his data should not be disclosed. In the electronic application form, it is enough to put a mark for this.

About collective complaints

This is another option for citizens to report a violation. Most often, the messages describe discrimination against the entire team.

But the law does not prohibit collectively reporting violations directed at one specific employee. The main thing is to accurately indicate the full name of the representative of the enterprise on whose behalf the document is being drawn up.

About inspections by the labor inspectorate

In total, the check is carried out in two main options.

The inspector in such circumstances has the following powers:

1. Suspension of activities, across the enterprise or specific units.
2. Organization of litigation regarding existing violations.
3. Investigation of any circumstances related to the accident.
4. Bringing to administrative responsibility those who are guilty.
5. Issuance of orders to remove from work persons who are not familiar with safety rules. Or those who have not confirmed their knowledge, qualifications in this area.
6. Presentation of instructions that the identified violations must be eliminated.
7. Supervision to ensure that the company complies with minimum requirements legislation.

If the question remains unanswered and unanswered

It is necessary to file a complaint again if the first document was left without consideration at all. The fact of retransmission must be indicated. The text also marks the date when the original application was sent.

If the inspectorate refuses again, then they must writing justify your answer. In case of disagreement with the decision, the applicant has the right to apply further to the court.

Filing claims, filing rules

Before going to court, you need to prepare a whole package of documentation. Most of the position is issued by the head, no later than three days in advance. Written formal requests are recommended because it is common for managers to buy time.

The lawsuit is filed with the city or district court responsible for the address of the head. The main thing is that the document is drawn up in accordance with the current legislation, otherwise the consideration will be denied.

The following rules are followed:

1. The heading indicates the name of the court where the claim is directed.
2. After that, the plaintiff indicates his personal data, the address of his permanent place of residence.
3. Information on the defendant is filled in the same way.
4. In the center write the phrase "Claim Statement". The continuation of the phrase indicates the reason why it was necessary to start creating a claim.
5. In order for the court to immediately proceed to consideration without additional questions, the essence of the case must be described in as much detail as possible. If it is possible, then specific laws are written that are violated by the leader.
6. When the problem is stated, the plaintiff describes his claims in detail.
7. Copies employment contract together with the work book become mandatory applications. The more evidence of violations, the better.
8. Claims are filed no later than three months after the violation became known.

Sample application to the labor inspectorate for the employer

Writing a complaint is not difficult at all. It is enough to fill out this sample according to the rules described above:

What to do if the inspector's decision is not satisfactory?

First of options– an appeal to the management of the specialist who made the initial decision. The main thing is to clearly state the essence of the problem. And try to make sure that the other side has enough time to consider all the circumstances outlined.

If the management refuses to consider complaints, the next step is to send applications to law enforcement officers. Usually it is the police or the prosecutor's office.

Finally, there remains the judiciary, which acts as a last resort. It is recommended to take such steps only after checking all the previous methods. And you need to make sure that they do not give any result.

Final Thoughts

If the leader clearly violates the rights and current legislation, do not be afraid to defend your interests. Compiled complaints from employees often resolve issues in favor of the latter. The main thing is to competently approach the collection and compilation of the necessary documentation.

Employers who do not pay wages for 3 months or more can be held criminally liable. 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 on which they are held accountable under such circumstances.

Is it difficult to contact the labor inspectorate, see this video:

Question form, write your

Regardless of the reasons for which the employee is dismissed, the employer is obliged to pay him the benefits provided for by the Labor Code of the Russian Federation, as well as return the work book.

The employer is obliged to do this on the day the employment relationship is terminated, that is, on the day when the employee signed the order of his dismissal. This is stated in Art. 84.1 of the Labor Code of the Russian Federation.

If the employer does not do this, the employee has the right to file a complaint with the labor inspectorate at the location of the employer.

Upon dismissal of an employee, the employer must pay him:

If the employer does not return the work book to the employee on time, he violates the employee's legal rights to work. As you know, without a work book, an employee cannot get a job.

In addition to the work book and the payment of all necessary benefits, the employer must issue to his former employee copies of all documents relating to him labor activity. This must be done within 3 days after signing the dismissal order.

To obtain these documents, the employee must write written statement in 2 copies and register it with the personnel department.

It is worth remembering that you do not need to write any statements to receive your work book. The employer is obliged to return it on the day of termination of employment with all the necessary records and seals.

You can download a sample application to the GIT about violation of labor rights.doc
by this link

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Features of the formation of a complaint to the labor inspectorate: sample format, methods of sending and response to the application

Appeal to the state labor inspectorate is a means of protecting the violated rights of an employee. The task of this structure is to control compliance with labor legislation and rapid reaction for its violations.

Complaints are examined by legal labor inspectors. In order to correctly apply to the inspection, you need to know a number of the following legal and practical nuances.

Dear readers! Our articles talk about typical solutions legal issues but each case is unique.

If you want to know how to solve exactly your problem - just call, it's fast and free!

Reasons for complaining about an employer

People turn to the inspection, as the employer does not fulfill his duties, abuses his position and the dependence of the employee on the salary, refuses to pay the money earned, arbitrarily dismisses people without sufficient reasons.

Most employers believe that they themselves, if they wish, can fire an employee at any time. This is not true. The employee is protected by law and violation of his legitimate interests may cause the employer to be fined and subject to other liability.

Purpose of the application

A complaint to this organization is filed to protect against negligent employers who violate labor laws.

If the arguments of the complaint are confirmed, then in accordance with Article 356 of the Labor Code of the Russian Federation The legal labor inspector has the right:

When is it necessary to contact the state labor inspectorate?

The inspection should be contacted if the employee wants to promptly consider his complaint and make a decision. Commissions on labor disputes are not always effective and dependent on the will of the head or owner of the enterprise.

Going to court takes time, money and nerves, since not everyone can and wants to endure a long nervous trial.

The following items must be included in the complaint:

How to correctly write a petition?

In the application, it is necessary to indicate in as much detail as possible the circumstances of the violation of rights, substantiate them by oral and written agreements with the employer, internal labor regulations and Russian legislation.

To facilitate the verification, it is also desirable to indicate witnesses of the employer's abuse of his rights, as well as attach Required documents(copy of the order, contract, act of the employer, internal local documents)

Detailed instructions for registration

In his complaint, the applicant must indicate in detail the circumstances of the employer's failure to fulfill its obligations, in particular:

• start date of work. For example: “I started work on January 15, 2017”;
• date of conclusion of the employment contract. For example: “an employment contract with me was concluded on January 15, 2017, one copy remained with the employer, one with me”;
• are you familiar with job description and safety regulations (“on the first day of work, I signed an instruction with my duties and safety precautions”);
• 
  what are the violations of his rights, what evidence is available, including testimonies and documents (“the employer dismissed me without warning without saying the reason and now does not let me go to the place of work. Non-payment wages during the working days occurred regularly. These circumstances can be confirmed by telephone conversations and the inspector of the personnel department ");
• attempts to resolve the dispute with the employer on my own or by contacting the labor dispute commission (I tried to talk with the employer, to convince that I could continue to work, I asked to indicate specifically my shortcomings, but all to no avail. There is no labor dispute commission in this organization. ");
• request for restoration of the violated right(“I ask you to give an order to reinstate me at work and not obstruct my performance of my work duties”);
• attachments to the application(copies of the work book and contract, appealed order, internal local acts of the enterprise, etc.)

How to send paper

The application can be submitted directly to the regional branch inspections at the place of violation of labor law. It must be drawn up in two copies, one copy remains in the inspection, on the other, the employee of the office signs the acceptance of the application.

The second copy remains with the applicant and is proof of the appeal in case he remains dissatisfied with the answer to his appeal.

The application may be sent by registered mail with notice. In this case, it is necessary to keep the receipt of sending the application and the notification form with the signature of the responsible person of the office on receipt of the letter of complaint.

Statement also can be sent online through the website regional inspectorate. To do this, you need to go to her website, find a special application form and fill in its fields in accordance with the instructions.

Optimal is to file a complaint in person, since in this case, legal labor inspectors will soon begin to consider it and make a legal decision. In addition, when submitting an application, you can go to the reception and directly explain the essence of your complaint to the head of the inspection and ask it to be considered as soon as possible.

Response to a complaint

Upon application, the inspection conducts a thorough check, as a result of which it can issue an order to the employer to eliminate violations of labor law, send the materials of the check to the prosecutor's office, or leave the application without satisfaction if the circumstances of the complaint are not confirmed.

Conclusion

Application to the state labor inspectorate - effective remedy protection of the rights of the worker. It should be resorted to if negotiations with the employer or the commission on labor disputes at the enterprise do not give the desired effect.

An application to the inspection must be written correctly, indicating in detail all the circumstances of the violation of rights by the employer. The Inspectorate issues an order on the inadmissibility of violation of the right, which is mandatory for implementation.

Complaint to the labor inspectorate - sample complaint

If your employer violates labor laws, refuses vacation, does not pay bonuses, or delays in paying salaries, the Labor Inspectorate should help.

How to write correctly Complaint to the Labor Inspectorate and how to achieve the fulfillment of the terms of the contract by the employer, we will consider in this article. The State Labor Inspectorate is the body that controls the implementation of the Labor Code.



Contacting the Labor Inspectorate

These duties are imposed on the Labor Inspectorate by Decree of the Government of the Russian Federation No. 324 dated June 30, 2004 “On approval of the regulation on Federal Service on labor and employment.



Accordingly, the Labor Inspectorate is obliged to conduct scheduled and unscheduled inspections to monitor compliance with labor laws by the employer.

Therefore, in case of any violation of your labor rights - in case of violation of the term due payments, in case of non-payment by the employer of the allowances and bonuses due to you, in case of violation of the set working time, in case of non-payment of overtime, in case of violation of the vacation regime, you have the right to complain to the State Labor Inspectorate of a particular territorial unit or through the online application form.

How to write a complaint to the Labor Inspectorate

There is no clear answer to this question, because single form There are no complaints in labor and civil law, so you can write a complaint in any free form. The only requirement is compliance with the rules business correspondence, including the following:

• Reliability, brevity and accuracy of presentation of information. As usual, you must state only proven facts that can be cross-checked, and not allow subjective assessments and reasoning that is not related to the essence of the matter.
• The rules of the Russian language, literacy of presentation and observance of spelling rules are required. Stick to good presentation.
• Be sure to write your details correctly: full name and contact phone number to send a response to the complaint.

Complaint against the employer to the labor inspectorate - sample writing

A sample plan for writing a complaint is given below:

From 2014 to the present day, I have been working as a gasman at the gas station of Gazpromneft-Center LLC, which is located at the address: Krasnodar, Uralskaya Street, 96/3. From August 2015 to the present, the employer has not paid me a bonus, referring to the fact that the head organization Gazpromneft-Center LLC has switched to austerity mode due to the global economic crisis and has set a bonus percentage of 0 for all gas station employees .45%. I repeatedly wrote applications for the restoration of the payment of the bonus due to me under the contract, but the accounting staff and the management of the gas station did not accept my applications for consideration.

After another refusal on September 16, 2016, I wrote a complaint addressed to CEO Society of Ivanov Efim Solomonovich. Although the receptionist accepted my application, she refused to sign the second copy. I did not receive a response to my appeal.

Then I tried to talk to the director personally and made an appointment on October 11, December 2016. During the conversation, the director pointed out that no one in our organization receives the award, even the director, and suggested that I look for Better conditions in other organizations.

In connection with the above

1. Check the above facts and bring those responsible to justice.
2. Ensure the implementation of my right to full payment of the bonus in accordance with the concluded employment contract.

File a complaint with the Moscow Labor Inspectorate

What are the ways to file complaints with the Labor Inspectorate?



Complaints to the Labor Inspectorate can be sent in three ways.

3. Personally come to the reception to a specialist and give him a complaint.
4. Forward the complaint to the address of the Labor Inspectorate using the Russian Post.
5. File a complaint online on the website of the State Labor Inspectorate.

Consider the advantages and disadvantages of each of these three methods:

6. In the first case, you usually write 2 copies of the complaint indicating to whom it is addressed and from whom it is sent, enter your contact and passport details, go with it to the inspection and give it to a specialist. Make sure that the time of filing is recorded on the second copy of the complaint with the date and signature of the official who received the document from you. It is important to indicate not only the address for the answer, but also the phone number for resolving issues that may arise during the consideration process.
7. If you choose to mail your complaint, the process is almost the same. At the post office, you will be required to complete a notice form and send your complaint by registered mail with notice. The notice should be returned to you with the date the complaint was received and the signature of the receiving officer. The shipping receipt is also proof of shipping until the notice is returned. The second copy of the complaint is not used in this case.
8. Finally, if you're filing a complaint online, you'll have to find the labor inspectorate's website, find the link in the "Report a problem" drop-down menu, select one of the 11 categories of problem (for example, employer's liability, change in working conditions, wages or dismissal), fill in the data, choose what result you expect to get (for example, hold the employer liable or just get advice). Thus, filing an application through the online site is quite simple and convenient. If your category is not on the list, you can write in the "Other questions" section.

To send an application, you must provide certain information about yourself, that is, indicate your name, provide your address of residence, telephone number for communication and e-mail for a return response to your appeal.



Moreover, you can choose the way to receive a response yourself, whether it will come to the Russian Post or to your email box.

After these formalities, you write the text of your appeal. We have already considered the basic rules for filing a complaint, so we will only add the possibility of attaching scanned copies of the necessary documents to the complaint - an employment contract, etc.

Everything is ready? Click "Submit Application" and you're done!

Important additions when contacting the Labor Inspectorate

1. The deadline for responding to your complaint is no more than 30 days from the date of filing. This term is fixed in the text. federal law“On the procedure for considering applications from citizens of the Russian Federation”.
2. You must provide information about yourself (full name, address, telephone number) and this information must be reliable. Otherwise, your complaint to the labor inspectorate may be left without consideration. In addition, insults or swearing are not allowed in the text of the complaint, these violations also mean that your complaint will not be considered.
3. If an audit was conducted on your complaint and its results did not satisfy you, you have the right to appeal the actions of the inspector conducting the audit to his immediate supervisor. If this does not bring the expected results, you can apply to the prosecutor's office and the court. In many cases, the easiest way to get back payments due to you that are delayed by the employer is through the courts. It makes sense to write to the prosecutor's office only in the case of the required sanctions against officials who have violated the law.
4. To expedite the consideration of the issue, you can apply simultaneously to all instances: the Labor Inspectorate, the court and the prosecutor's office.
5. Of course, before applying, it is advisable to make an attempt to resolve your issue amicably, that is, to apply with a statement first to your manager, stipulating in the complaint the proposed measures to resolve the situation and the time frame for resolution. With the legitimacy of your requirements, this method will often lead you to a resolution of the conflict.
6. Attention! If the employer puts pressure on you and inclines you to write a letter of resignation for own will, in any case do not give in . He has no right to dismiss you without recorded violations on your part. And if it happened against the law, you can appeal this decision and be reinstated with compensation for damages.

If your complaint to the labor inspectorate remains unanswered, write a second one, be sure to specify in the text of the complaint that this complaint is filed a second time and that you did not receive a response to the first complaint filed on such and such a date. In order to appeal against the decision on the refusal by the labor inspectorate to accept your complaint for consideration, the response sent to you must contain the reason for the refusal, and if you do not agree, you have the right to apply to higher authorities to restore justice.

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Labor Inspectorate Penalties 2018

Violations of labor legislation entail disciplinary, administrative and criminal liability.

Subjects of offenses in the field of labor

The Code of Administrative Offenses of the Russian Federation provides different kinds administrative responsibility for non-compliance with the norms of legislative acts relating to labor relations and labor protection. Penalties for violation of labor laws are imposed on officials:

7. managers and their representatives;
8. chief accountant;
9. head of the personnel department;
10. persons performing the duties of compliance with the rules of labor protection.

In case of repeated involvement for a similar administrative offense, the court may impose a punishment in the form of disqualification of officials for a period of 1 to 3 years.

Citizens and legal entities can also become subjects of offenses.

Administrative fines of the labor inspectorate 2018

For non-compliance with the requirements of regulations applicable to collective agreements, the following sanctions are provided by the labor inspectorate:

11. in case of evasion from participation in negotiations concerning the conclusion, amendment or addition of a collective agreement, violation of the terms of negotiations, a fine in the amount of 1,000 to 3,000 rubles is imposed. (according to Article 5.28 of the Code of Administrative Offenses of the Russian Federation);
12. if the employer fails to provide information within the prescribed period for collective bargaining and monitoring compliance with the terms of the agreement, a fine of 1,000 to 3,000 rubles is imposed. (according to Article 5.29 of the Code of Administrative Offenses of the Russian Federation);
13. in case of unjustified refusal of the employer to conclude a collective agreement - a fine of 3,000 to 5,000 rubles. (according to Article 5.30 of the Code of Administrative Offenses of the Russian Federation);
14. if the employer fails to comply with the terms of the collective agreement - a fine of 3,000 to 5,000 rubles. (according to Article 5.31 of the Code of Administrative Offenses of the Russian Federation);
15. if the employer evades participation in conciliation processes and does not provide premises for the work of the conciliation commission - a fine from 1000 to 3000 rubles. (according to Article 5.32 of the Code of Administrative Offenses of the Russian Federation);
16. in case of non-compliance with the terms of the agreement reached as a result of the conciliation procedure - a fine from 2000 to 4000 rubles. (according to Article 5.33 of the Code of Administrative Offenses of the Russian Federation);
17. upon dismissal of employees who took part in labor disputes and strikes - a fine of 4,000 to 5,000 rubles. (according to Article 5.34 of the Code of Administrative Offenses of the Russian Federation).

For Art. 5.28 - 5.31 of the Code of Administrative Offenses of the Russian Federation also provides for an administrative penalty in the form of a warning.

Violation by the employer of the rules for recruiting stateless persons or foreign citizens to work, including failure to notify the regulatory authorities (Article 18.15, part 3 of the Code of Administrative Offenses of the Russian Federation), entails a fine in the amount of:

18. from 2000 to 5000 rubles. on citizens;
19. from 35,000 to 50,000 rubles. on the officials;
20. from 400,000 to 800,000 rubles. to legal entities.

According to Art. 15.34 of the Code of Administrative Offenses of the Russian Federation, for the concealment by the insured of the occurrence of an insured event at work, citizens are fined in the amount of 300 to 500 rubles, officials - from 500 to 1000 rubles, legal entities - from 5000 to 10000 rubles.

If the causes and conditions that led to the commission of the offense and specified in the decision issued by the labor inspectorate are not eliminated, the fine is from 4,000 to 5,000 rubles. (Article 19.6 of the Code of Administrative Offenses of the Russian Federation).

Labor Inspection Check: Fines and Criminal Liability

According to the Criminal Code of the Russian Federation, an employer may be held criminally liable for violation of labor laws. An employer may be fined:

21. up to 200 thousand rubles for the dismissal of a pregnant woman or a woman who has children under the age of 3 years (Article 145 of the Criminal Code of the Russian Federation);
22. up to 80 thousand rubles for non-payment of wages to employees for more than 2 months (Article 145.1 of the Criminal Code of the Russian Federation);
23. up to 200 thousand rubles for violation of safety requirements that caused serious harm to human health (Article 143 of the Criminal Code of the Russian Federation).

In addition to a fine, leaders may be punished in the form of compulsory works, imprisonment for a period prescribed by law, with deprivation of the right to engage in a certain type of activity.

When imposing punishment, the forms and motives for committing the violation, the degree of public danger, the identity of the perpetrator, his property status and circumstances that aggravate or mitigate responsibility are taken into account.

What documents are checked by the labor inspectorate?

The State Labor Inspectorate has significant powers to verify employers' compliance with labor laws. So what documents does the labor inspectorate check? It is not possible to provide a complete list of them, since when carrying out supervisory and control measures, inspectors may require the employer to provide any documents related to the subject of the audit. In what follows, we only mention the main ones.

Documents on labor relations

Everything personnel documents, regulating labor relations, can be divided into two types:

24. mandatory, the availability of which employers have is directly determined by labor legislation;
25. optional, i.e. having a recommendatory character.

Mandatory documents include:

26. employment contracts;
27. work books;
28. staff schedules;
29. books of accounting for the movement of work books (inserts to them);
30. documents that establish the procedure for processing personal information of employees, as well as their legal status in this region;
31. internal labor regulations;
32. vacation schedules;
33. shift schedules;
34. personnel orders;
35. personal cards of employees;
36. timesheets;
37. medical books.

It is these documents for the labor inspection that are the main ones. Their inspectors check first.

Optional documents include:

38. regulations on various structural divisions;
39. regulations on attestation of employees;
40. job descriptions;
41. staff regulations, etc.

Optional documents can be checked on an equal footing with the main documents if they relate to the subject of the check.

Rules for the preparation of basic documents on labor relations

It must be borne in mind that sooner or later any employer is expected to be checked by the labor inspectorate. Documents for it must be prepared in advance. They must comply with all legal requirements.

Employment contracts

42. place of work;
43. labor function of the employee;
44. date of commencement of work;
45. terms of remuneration;
46. working time (rest time);
47. conditions relating to compulsory social insurance of the employee;
48. other conditions, according to labor legislation.

The contract is drawn up in writing and signed by the employee and the employer (authorized representative), and also sealed (if any).

Vacation schedule

It is compiled annually, it is necessary to familiarize all employees with it against signature. Sometimes it happens that employees are not given vacation according to the established schedule. In this case, the employer runs the risk of being punished for violating labor laws. The vacation order is signed no later than two weeks before the start of the vacation, the employee must be familiar with it.

Employment books

The procedure for maintaining, as well as storing work books, is established by the relevant Rules approved by the Decree of the Government of the Russian Federation.

49. Documents relating to the payment of wages

The employer should be very careful about the issue of paying wages. It must be paid to employees on time and in full. Payments must be recorded in special documents (salaries, pay slips, etc.). In case of violation of the size and timing of payments, the employer may be held liable.

Documents related to labor protection

These include:

9. labor protection instructions;
10. instruction logs;
11. logs of registration of accidents that occurred at work;
12. personal protective equipment cards;
13. schedules of medical examinations;
14. regulations on the procedure for issuing protective equipment to employees;
15. other documents.

The list of such documents is individual for each employer. It depends on the specifics of the company or private entrepreneur.
Labor protection instructions must be approved by order; employees should be familiarized with them against signature. To do this, you can create a special journal. Familiarization is carried out when a citizen is hired or after the instructions are approved.

Thus, the legislation endowed the State Labor Inspectorate with exclusive powers to check different kind employer documents. However, it must be remembered that the law prohibits inspectors from demanding documents that are not related to the subject of the inspection.

Last updated March 2018

Violation of the norms of the Labor Code and discrimination in the field of labor law is now, unfortunately, not uncommon for anyone: according to social studies, every fifth Russian has faced infringement of labor rights to one degree or another. At the same time, the legislation provides that a citizen has the right to report non-compliance with the Labor Code at the workplace to the State Labor Inspectorate (GIT). In what cases you can report violations, how to properly draw up and file a complaint, what liability is provided for the employer - this is discussed in our article.



Who and in what cases can file a claim with the labor inspectorate

In the current economic situation, it is difficult to find a person who has not at least once encountered or experienced labor discrimination. The question arises: what can an ordinary employee do in a situation where the employer violates his labor rights? According to the law, in this situation, every citizen has the right to report violations to the GIT by filing a complaint. You can contact the Inspectorate if you have witnessed abuse by the employer, or if you experience discrimination on your own.

Let's take an example of the illegal actions of the employer, fixing which, you can contact the GIT:

1. When accepting you for service, the employer violated the registration procedure.
   • if the employment contract does not contain information on the amount of salary, incentive payments and the conditions for receiving them, then you can safely contact the GIT, as this is a violation of the Labor Code;
   • If you are a pregnant woman, then the employer does not have the right to register you for a probationary period;
   • When applying for a job, you were not informed about internal rules and orders, after which penalties were applied to you for violating them.
2. In the course of your work activity, various kinds of discrimination were applied to you:
   • A gross, but fairly common violation is the refusal to provide an employee with annual leave;
   • Wages are paid late and not in full, there are debts on payments;
   • You were not paid the compensation provided for by the Labor Code (sick leave, vacation pay, etc.). Instead of a sick leave, the manager forces you to take a vacation “at your own expense”;
   • You are forced to work overtime, weekends and holidays, translate into workplace, the conditions of which do not comply with the norms of the Labor Code.
3. Dismissal violations were committed:
   • You were not notified in due time and in accordance with the established procedure of dismissal/reduction;
   • upon termination of the employment contract, all payments due to you were not transferred (for example, compensation for unused vacation);
   • compensation was paid later than the day of dismissal;
   • on the last working day you were not issued a work book.

If you yourself or your colleague are faced with one of the situations described above, then you have every reason to file a claim with the GIT.

As you can see, you can report violations not only during the period of work, but also after dismissal, if the termination of the employment contract was carried out in violation of the established procedure. If you have been unlawfully denied employment ( for example, your employer forced you to take probationary period» without payment and registration), then you also have the right to report it to the Inspectorate.


How to make a complaint

The law does not establish the form according to which a claim to the GIT should be drawn up. You can file a complaint against an employer with the labor inspectorate by writing a free-form letter. At the same time, do not forget about the required details. In order to correctly write a complaint, the main data must be indicated in the text:

• information about you as an applicant (full name, postal/e-mail address for receiving a response);
• information about the employer (name of organization, address);
• essence of the claim;
• Your signature and date.

As for the description of the offense, when drawing up a statement, it is worth adhering to the rules of business correspondence. The information must be reliable and verified, reflect the objective state of affairs, and not your attitude towards a particular person (boss, colleague). At the same time, the essence of the claim must be submitted briefly and accurately, avoiding unnecessary, irrelevant details. It is better if the statement is made in the form of facts that you describe sequentially in chronological order.


Sample Complaint

You can write a complaint to the labor inspectorate according to the sample below:

State Labor Inspectorate
Perm, st. Lenina, d.23
from Kurochkin Valery Dmitrievich
Perm, st. Stroiteley, 28 apt. 47
contact phone: 147-15-84

On February 24, 2014, I was hired by JSC "Monolit" (Perm, Metallurgov St., 17) as a senior storekeeper, where I work to this day. The employment contract stipulates that I work on a 40-hour work week with days off on Saturday and Sunday.

In March 2016, the warehouse manager Petukhov S.L. informed me verbally about the change in schedule and the need to work on a day off (Saturday). These changes in contract of employment were not paid, I was not paid extra for working on weekends. When talking with Petukhov, I received an answer that the schedule would be officially changed from April 2016, the salary would be increased in proportion to the hours worked.

After 3 months (June 2016), an agreement with a new schedule and salary was not provided to me, in connection with which I turned to the head of JSC "Monolit" Skvortsov L.D., having previously made an appointment. During a personal conversation on 07/24/2016, Skvortsov told me that a 6-day work week entered for me on a permanent basis, but there will be no changes in the schedule and salary. If I have objections, I can write a letter of resignation.

In connection with the above

1. check this fact and hold the perpetrators accountable;
2. ensure changes in work schedule and salary;
3. to oblige Monolith JSC to pay me compensation for work on weekends from 01/01/2016 to 08/01/2016.

Filing a claim

After the claim has been drawn up, you can contact the labor inspectorate with it in a way convenient for you:

Option 1. You can personally visit the GIT and transfer the claim to the responsible specialist. To do this, you must first draw up an application in 2 copies, on one of which the employee of the Inspectorate must sign and date the receipt. You can attach additional documents confirming your position to the claim (copy of the employment contract, statements, reports, etc.).

Option 2. If for one reason or another you do not want (or do not have the opportunity) to go to the GIT personally, you can use postal services. To do this, you need to send a letter with a notification and a description of the attachments (if there are other documents besides the claim). Having received an envelope from you, the Inspectorate officer will check the availability of documents with the inventory and confirm receipt. You will also have a notification stub, where the date of acceptance of the document and the signature of the responsible person of the GIT will be indicated.

Option 3. The electronic version of sending claims is gaining more and more popularity. How to write a complaint to the labor inspectorate online? It is very simple to do this: you need to go to the official website of the labor inspectorate in your region and fill out electronic form. By applying online, you can:

• select the reason for the appeal from the popular list (non-payment of wages, violation of the work schedule, discrimination in dismissal / hiring, etc.);
• promptly fill out a questionnaire about yourself and information about the employer thanks to a convenient format;
• inform the GIT about the necessary, in your opinion, actions that should be applied to the employer (verification, bringing the perpetrators to justice, administrative penalties, etc.).

Also in the application form it allows you to indicate the way in which it will be convenient for you to receive a response (in the form of an e-mail or postal letter).

The Inspectorate has 30 days to process your application and notify you of the results, it does not matter how the claim was sent. If your claim does not fall within the competence of the Inspectorate, then it will be transferred to the competent authority for consideration. This will be done within 7 days after registration, but you will receive a notification about the redirection of the application.

It should be remembered that the Inspectorate has the right not to consider your application if it contains direct threats or insults.


Anonymity

Many are interested in the question: is it possible to make a complaint to the GIT anonymously, without indicating the applicant's personal data? According to the legislation, the Inspectorate has the right not to consider anonymous complaints. At the same time, when reporting violations by the employer to the GIT, you can demand that your appeal be kept confidential. To do this, it is necessary to supplement the text of the application with the appropriate phrase ( for example, “During the inspection, I ask you not to disclose information about me as an applicant to the employer”) or put a confidentiality mark in the electronic application form.


Collective Complaint

You can report violations by the employer by filing a collective complaint. As a rule, such appeals concern labor discrimination in relation to the team as a whole (department, shop, subdivision, etc.). At the same time, the law does not prohibit collective reporting of violations against one employee. When compiling the appeal, you must indicate the name of the representative on whose behalf the claim is filed.


Verification of the fact of the complaint

If the appeal to the Inspectorate is drawn up correctly and it contains reasonable information about the violations by the employer, then after the 30-day period you will receive a notification about the appointment of an inspection on the complaint.

During the inspection, the inspector has the right to inspect the working conditions, interview the employees of the enterprise, request the necessary documents for analysis ( for example, payroll records, if we are talking about the delay or non-payment of wages to employees). Upon verification, the inspector draws up an act in which he records the facts of violation of the Labor Code in relation to the employee or the labor collective as a whole. Based on the established offenses, the following measures can be applied to the employer:

• order issued, which indicates the need to eliminate certain violations within the prescribed period ( for example, to pay Petrenko S.L. compensation for unused vacation until 08/01/2016);
• imposition of an administrative fine. The amount of the fine is set individually in accordance with the offense.

In case of detection of serious offenses, the results of the check can be transferred to the court or the prosecutor's office to initiate a criminal case against the employer. In this case, we are talking about gross violations of labor law:

• violation of safety regulations by a responsible person, which resulted in harm to life and health of employees of the organization;
• dismissal of a pregnant woman or a mother with a child under 3 years old;
• systematic non-payment of wages (more than 3 months).

Various types of penalties, including fines and criminal liability, can be applied both to the first persons of the organization and to those directly guilty. For example, if an employee stated that he was forced to work in conditions that do not meet safety standards, then not only the manager, but also the labor protection specialist is recognized as guilty in this case..

You will be informed about the results of the audit and the measures applied to the employer by receiving a notification. The text of the notification will also contain information regarding your further action(if it's about illegal dismissal, the notice will describe the procedure required for reinstatement). If the results of the inspection did not satisfy you or you believe that your rights have been violated by the actions or inaction of the GIT inspector, you have the right to defend your interests in court. For this you need to create statement of claim, to which to attach a notification from GIT. You can also complain about the inspector directly by sending an appeal to the head of the territorial department of the Inspectorate.


Question answer

Question:
Employee of Element JSC Stepanova S.D. - Mother of a 2 year old. In March 2016, Stepanova was fired due to the liquidation of Element JSC. Can Stepanova apply to the GIT with a claim for violation of labor rights?

No, in this case, the actions of the Element management are legal. Since the company is being liquidated, it has the right to dismiss all employees, including pregnant women and mothers whose children are under 3 years old.

Question:
Employee of Status JSC Fedorov N.G. appealed to the GIT in connection with non-payment of salaries for the last six months. Can Fedorov, without waiting for the Inspectorate's response, file a lawsuit?

Yes, sending a claim to the GIT does not deprive Fedorov of the opportunity to protect his rights in another way. However, it is advisable to file a lawsuit after receiving a response to the complaint to the labor inspectorate. On the one hand, the notification and act of verification will be a weighty basis for opening court proceedings. On the other hand, disciplinary measures may satisfy Fedorov's requirements, and subsequent recourse to the court will not be required.

Question:
An employee of StroyTekhMontazh LLC wrote a complaint to the GIT on 07/18/2016. After 30 days, the employee did not receive a response from the Inspectorate. Are the actions of the Inspectorate legal in this case?

In some cases, the GIT has the right to Extra time to process the appeal (plus 30 days). But at the same time, the applicant must be notified that the period for processing the claim is extended. In addition, anonymous appeals, as well as statements with direct threats and insults, may be left unanswered.

If you have questions about the topic of the article, please feel free to ask them in the comments. We will definitely answer all your questions within a few days. However, carefully read all the questions and answers to the article, if a similar question has a detailed answer, then your question will not be published.

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

Do not forget that they differ from the general statute of limitations. If the total period 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 inspectorate are aimed at restoring this right. You can apply there for any occasion 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 leave.
• Violation of working conditions (or their change).
• Issues of compliance with the norms and requirements of labor legislation in the field of labor protection.
• Refusal to pay for dismissal.
• Refusal on the day of dismissal.
• Issues related to the peculiarities of working time, namely, overtime work, etc.

There can be many grounds for applying - they are all regulated by the Labor Code of the Russian Federation.

Where can it be done?

So where exactly can you apply?

An application must be submitted to the inspection of the area in which the violation of the rights of the employee occurred. Each region has its own labor inspectorate. There are 3 main submission methods:

1. Personally. To do this, you need to 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 notice. This method is more convenient, but do not forget that a letter with original documents may be lost during the forwarding process.
3. IN in electronic format through the Internet. For this method, it will also be necessary 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 filing and considering a complaint is discussed in detail 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 has not left this job, but he wants to initiate a review with his employer (while fearing that his complaint may negatively affect his career).
• The employee has already left, but he is afraid of any action by the former employer, which may lead to 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 is afraid of the former employer, in case of illegal actions against him, he will have every right to contact the police, who will take the necessary measures. Besides, in the complaint itself, you can make a request not to disclose data to the other party.

Submission through the site

To file a complaint online, you must:

1. Go to the official website of the labor inspectorate.
2. Fill in all the required fields (data 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 employing 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 details - the inspectorate does not provide assistance to fictitious and anonymous authors.

Within 30 days from the date of submission, the institution's employees 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:

• Name, address, contact phone number of the applicant.
• Employer data (full name of the head, actual and, name of the enterprise).
• 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 make a requirement: what measures the applicant asks to apply to the employer (as in an electronic application), as well as indicate the list of attached documents.
• Put the date and signature with decryption.

Main documents to be attached to the application:

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

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

Consideration period

As in other state institutions, certain periods are set for the inspection, during which this body is obliged to consider the application, take all necessary actions and give an answer to the applicant about decision in writing.

Complaints to the labor inspectorate are considered in time up to one month from the date of receipt. If necessary, this period may be extended, but no more than 30 days. In case of extension of the terms, the employees of the institution are obliged to notify the applicant in writing.

Labor inspection check

There are 2 main verification options:

• Planned made without application - at the initiative of the inspector. Most often, they are exposed to enterprises in which numerous violations have previously occurred or have been identified. Before conducting 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 this enterprise. When visiting the company, the authorized person first of all checks the violations described in the application. If they are detected, the inspector will issue a fine, as well as issue an order to eliminate them, the observance of which he will check during 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.

Powers of the Inspector:

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

What to do if you disagree with a decision

The decision taken by 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 liability

If the employer does not pay wages for more than 3 months, the employee has the right to write a statement about 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 the payment of wages will be involved under Art. 145.1 of the Criminal Code of the Russian Federation.

Sometimes companies happen conflict situations between workers and employers. These conflicts lead to unpleasant consequences for employees. Such as, for example, layoffs. It also happens when the employer is initially inclined to violate the rights of his employee.

What should those employees of organizations whose rights are violated do? What to do if wages are not paid, labor protection conditions are not observed, and so on? How to restore your rights and achieve fair treatment? This article answers these and other questions.

Why file a complaint?

According to article 356 Labor Code RF, the labor inspectorate considers complaints against the employer if he violates the rights of the employee. Among these violations are the following:

• If the employer does not provide his employee with the work that is stipulated in the employment contract;
• If the employer does not pay wages on time or does not pay them at all;
• If the employer provides such a workplace that does not meet the conditions specified in the collective agreement;
• When the employer does not provide for compulsory social insurance of his employee (in those situations that are provided for by law);
• If the employer allocates insufficient time for rest or does not allocate at all;
• Other violations of the employer related to the rights of the employee.

Contacting the Labor Inspectorate

The procedure for submitting an application to the labor inspectorate:

• First you need to find out to which inspection the organization in which the applicant works belongs. To obtain this information, you need to call the district or city inspection;
• Next, a statement is written indicating the violations of the employer;
• After that, the application must be accompanied by documents confirming the existence of the violations described in the application;
• You can file a complaint with the labor inspectorate against the employer by mail or in person. You can also contact the inspection through an online appeal on the official website of the inspection online inspection.rf. To do this, go to the "For employees" tab, and then "Report a problem."

Drafting a complaint

There is no single norm for drawing up a complaint to the inspection - it is written in an arbitrary form. However, there are still some general rules making statements of this type, which should be followed:

Complaints - building block

• The header of the application states:
  • Full name of the labor inspectorate;
  • Name of the head of the inspection;
  • Inspection address;
  • Name of the applicant;
  • Applicant's address;
• Main text of the document:
  • Information about where and by whom the applicant works;
  • Violations committed by the employer and references to legislative norms;
  • Request for inspection;
  • Annexes, including a list of documents attached to the application;
  • Date and signature.

Collective Complaint

There are many organizations in which employers allow violations in relation to most of their employees. For example, employers hire new workers, and after a probationary period they fire them “as unnecessary”, without paying the wages due.

There are also many other cases when the majority of employees are dissatisfied with the company. IN similar situations you should cooperate with colleagues dissatisfied with the authorities and draw up a collective complaint to the labor inspectorate.

The rules that should be followed when drafting a collective complaint:

• Data indicated in the application header:
  • The name of the labor inspectorate to which the application is being written;
  • Name of the head of the inspection and his position;
  • Name of the applicant. Here it must be taken into account that, since the application is drawn up by a team, the representative of this team must be indicated in the header;
• In the body of the document contains:
  • Data on the employer and on the organizational and legal form of the organization;
  • The essence of the application: violations committed by the employer and references to legislative norms;
  • Requirements of the team related to the settlement of the conflict and taking measures against the employer;
  • Applications containing a list of documents that are evidence of what is described in the complaint;
  • Date and signatures of all persons involved in the preparation of the application.

What to remember when applying?

In fact, making a complaint and submitting it for consideration is half the battle. After submitting an application, remember the following:

• The deadline for submitting a response to the applicant - no more than 30 days from the moment of receipt of the application;
• The complaint will not be considered if:
  • The information provided in the application is false;
  • The applicant does not indicate personal data (name, address);
  • The appeal contains insults and obscene language.;
• In case of refusal, the decision of the inspector is appealed to his head. If the applicant does not agree with the actions of the head, then for the protection of his rights he can apply to the prosecutor's office and to the court;
• If you do not receive a response to the application, it is recommended to send this application again, indicating that the first letter was not considered. Perhaps, for some reason, the labor inspectorate did not receive the first appeal or some other error occurred;
• In the event that the inspector refuses to satisfy the complaint, he sends the applicant a reasoned refusal, which will contain the results of the check. Subsequently, with the received refusal, you can apply to higher authorities: the prosecutor's office and the court.

Info

Remember that the judicial authority can protect your property rights regarding unpaid wages, compensation for non-pecuniary damage, and so on. And the prosecutor's office will check the employer's non-compliance with the law, after which sanctions will be imposed on the perpetrators.

What is included in a labor inspection?

The inspection checks the following:

• Documentation, which includes both papers relating to labor relations and papers on labor protection;
• Employment contracts that must not violate the requirements of the Labor Code of the Russian Federation;
• Local regulations, which include provisions, instructions, rules and more;
• Leave of workers. Here, the inspector checks the use of vacation by all employees during recent years, compliance with the vacation schedule, payment of vacation pay;
• Wage;
• work books;
• Liability agreements.