How to write a complaint to the state labor inspectorate. How to file a complaint with the labor inspectorate

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The Labor Inspectorate is one of the government inspectorates that checks compliance with workers' rights. Her range of responsibilities is wide. However, it can be described very briefly - it eliminates violations of employee rights and monitors their subsequent compliance.

Thus, the labor inspectorate can be called a kind of “protector” from unscrupulous employers. It eliminates most violations without involving the prosecutor's office or court.

Carries out two types of inspections: scheduled and unscheduled.

Scheduled inspections by the labor inspectorate:

Scheduled inspections are mostly carried out in agreement with the prosecutor's office. They are distinguished by the fact that the plan for such inspections is already known in advance and determined for a year in advance - it can be found on the websites General Prosecutor's Office or the labor inspectorate itself. They also begin only if a certain number of complaints are collected to the inspectorate against a certain employer.

Unscheduled checks:

They are carried out only upon contacting the labor inspectorate. At the same time, complaints must expose serious violations of labor or other standards. The list of reasons can be found in Article No. 360 of the Labor Code of the Russian Federation. The main reasons for an unscheduled inspection are:

• Expiration of the period for eliminating violations identified by the previous inspection;
• Complaints to the labor inspectorate regarding violation of working conditions;
• Complaints to the labor inspectorate about;
• Special order from the head of the Inspectorate.

Thus, an unscheduled check can be caused by the most ordinary employee who wrote. But you shouldn’t think that with the first complaint against an employer, an inspectorate will immediately go to him for an inspection. First of all, we will consider:

• and contracts;
• Account books;
• Internal rules of the organization;
• Schedules (vacations, days off, overtime, etc.);
• Orders concerning labor activity;
• Personal files of employees.

These and many other less important papers will be considered first. Only if violations are found in them can an inspection be expected at the enterprise itself.

The State Inspectorate is authorized to:

• Require the employer to comply with working conditions standards
• Eliminate employees who lack skills or education
• and hold them accountable.
• Check the circumstances
• Temporarily stop the work of institutions.
• Initiate legal proceedings in cases of serious violations of the law.

The employee makes a complaint in the form of an application. It has a strict form and necessarily includes the following:

In the title:

• Name of the inspection body: full name, address;
• Full name of the person filing the complaint, address;
• Contact information to respond to a complaint.

In the information part:

• The time that the employee worked in the organization, the date of hire;
• Reason for complaint: what exactly are your rights being violated;
• The actions you took to restore your labor rights;
• Requirements;
• Justification of requirements.

Final part:

• List of additional attached documents;
• Date of filing the complaint;
• Signature.

What should be a correctly written complaint against an employer?

• Accurate. All facts, dates and circumstances must be described without error. All documents serving as evidence must be complete and reliable. Before filing a complaint against the employer with the labor inspectorate, do not be lazy to check it and the accompanying papers for any inaccuracies;
• Brief. Don't go into detailed description everything that preceded the violation or occurred only after it. Describe only the minimum volume required;
• Correct., containing any insults or emotional and incorrect additions will not be considered;
• Competent. Try not to make mistakes, avoid typos and blots;
• Full. Be sure to include everything that is required. If there are no facts, the complaint will not be accepted for consideration. Also, do not forget to indicate all data, including your own.

Is it possible to file an anonymous complaint?

IN as usual An anonymous complaint will not be considered. The fact is that according to the laws Russian Federation An application to the labor inspectorate must contain information about the person filing the complaint. In the case of an anonymous complaint, the application will be considered incomplete and will not be reviewed. However, a complaint can be filed online. Another form of application provides some anonymity.

It is also worth noting that the complaining employee may request a confidential review. However, in practice such a request is not very effective.

How to complain to the labor inspectorate online

What else is important to know about complaints to the labor inspectorate?

• Consideration of a complaint is not a quick process. Only its initial consideration may take a month, but no more;
• Your complaint may not be considered. Most often this is due to the employee’s desire to write an anonymous complaint. Labor control inspectorates do not consider anonymous complaints;
• The labor inspectorate is not the most effective authority in resolving conflicts with employers. You can also contact the prosecutor's office or court;
• Before filing a complaint, first contact your supervisor with your complaint. Sometimes mentioning a complaint to the inspectorate is enough to resolve minor disputes;
• You can always demand from the inspectorate a justification for its decision.

Where to go if a complaint to the labor safety inspectorate does not help?

1. . It is designed to protect any rights of citizens of the Russian Federation, including labor rights. Appealing to the prosecutor's office is very similar to a complaint to the inspectorate: you need to write a statement of complaint in the same order, indicate the circumstances of the case in it, explain the requirements and justify them, and provide evidence in the attached documents. At the same time, a complaint to the prosecutor’s office will be much more effective if, when your rights were violated, the laws of the Russian Federation were also violated.
2. . It is quite possible to sue the employer. In this case, authorized judicial representatives will be involved in reviewing the circumstances of the case and checking compliance with labor standards. To do this, you need to file a claim in the usual manner. This process is most effective when illegal dismissal. The only negative is that cases take quite a long time to be processed.

Last updated March 2018

Violation of Labor Code norms and discrimination in the field of labor law are now, unfortunately, not uncommon for anyone: according to data social research, every fifth Russian has experienced 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 Labor Code in the workplace to the State Labor Inspectorate (SIT). In what cases can you report violations, how to correctly draw up and submit 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 an employer violates his labor rights? According to the law, in this situation, every citizen has the right to report violations to the State Tax Inspectorate by filing a complaint. You can contact the Inspectorate if you have witnessed abuse by an employer, or if you personally experience discrimination.

Let's look at examples of illegal actions of the employer, having recorded which, you can contact the State Tax Inspectorate:

1. By hiring you, the employer violated the registration procedure.
   • if the employment contract does not contain information about the amount of salary, incentive payments and the conditions for receiving them, then you can safely contact the State Labor Inspectorate, as this is a violation of the Labor Code;
   • If you are a pregnant woman, then the employer does not have the right to place you on a probationary period;
   • When you were hired, you were not familiarized with the internal rules and regulations, after which penalties were applied to you for violating them.
2. During your working life, you were subject to various kinds discrimination:
   • A gross, but quite common violation is the refusal to grant an employee annual leave;
   • Wages are paid untimely and not in full, there are payment arrears;
   • You were not paid compensation provided for by the Labor Code (sick leave, vacation pay, etc.). Instead of sick leave, your manager forces you to take vacation “at your own expense”;
   • You are forced to work overtime, on weekends and holidays, translated to workplace, the conditions of which do not comply with the Labor Code standards.
3. Violations were committed during dismissal:
   • You were not on time and in the prescribed manner notified of dismissal/downsizing;
   • upon termination employment contract You were not paid all the payments due (for example, compensation for unused vacation);
   • compensation was paid later than the day of dismissal;
   • on your 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 State Tax Inspectorate.

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 were illegally denied a job ( for example, the employer forced you to undergo a “probationary period” without payment or registration), then you also have the right to report this to the Inspectorate.

How to file a complaint

The law does not establish the form according to which a claim must be made to the State Tax Inspectorate. You can file a complaint against your 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 write a complaint correctly, you need to indicate basic information in the text:

• information about you as an applicant (full name, postal/email 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 you should adhere 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 specific person (boss, colleague). At the same time, the essence of the claim must be presented briefly and accurately, and unnecessary, unimportant details must be avoided. It is better if the statement is drawn up 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, 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) for the position of senior storekeeper, where I still work today. The employment contract stipulates that I work on a 40-hour work week with days off on Saturday and Sunday.

In March 2016, warehouse manager S.L. Petukhov. informed me orally about the change in schedule and the need to work on a day off (Saturday). These changes were not made to the employment agreement, and I was not paid any additional pay for working on weekends. When talking with Petukhov, I received an answer that the schedule will be officially changed from April 2016, the salary will be increased in proportion to the time worked.

After 3 months (June 2016), an agreement with a new schedule and salary was not provided to me, and therefore I turned to the head of Monolit JSC L.D. Skvortsov, having previously made an appointment. During a personal conversation on July 24, 2016, Skvortsov informed me that a 6-day work week has been introduced for me on an ongoing basis, but there will be no changes to the schedule and salary. If I have any objections, I can write a letter of resignation.

In connection with the above

1. verify this fact and bring the perpetrators to justice;
2. ensure changes are made to the work schedule and salary;
3. oblige JSC Monolit to pay me compensation for work on weekends in the period from 01/01/2016 to 08/01/2016.

Filing a claim

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

Option 1. You can personally visit the State Tax Inspectorate and submit your claim to the responsible specialist. To do this, you must first draw up an application in 2 copies, on one of which the Inspectorate employee must sign and date of receipt. You can attach additional documents to your claim that confirm your position (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 in person, you can use postal services. To do this, you need to send a letter with a notification and a list of attachments (if there are other documents besides the claim). Having received the envelope from you, the Inspectorate employee will check the availability of documents with the inventory and confirm receipt. You will still have a notification stub, which will indicate the date of acceptance of the document and the signature of the responsible person of the State Tax Inspectorate.

Option 3. The electronic option for submitting claims is becoming increasingly popular. How to write a complaint to the labor inspectorate online? This is very easy to do: you need to go to the official website of the labor inspectorate in your region and fill out the electronic form. By filling out an application online, you can:

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

Also in the application form you can indicate the method in which it would be convenient for you to receive a response (in the form of an email or postal letter).

The inspection 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, it will be transferred to the competent authority for consideration. This will be done within 7 days after registration, and you will receive a notification that the application has been redirected.

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

Anonymity

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

Collective complaint

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

Checking the fact of the complaint

If the appeal to the Inspectorate is drawn up correctly and contains reasonable information about violations on the part of the employer, then after the expiration of the 30-day period you will receive a notification that an inspection has been scheduled regarding the complaint.

When conducting an inspection, the inspector has the right to inspect working conditions, interview employees of the enterprise, and request the necessary documents for analysis ( for example, payroll records, if we're talking about about delay or non-payment of wages to employees). Upon completion of the inspection, the inspector draws up a report in which he records facts of violation of the Labor Code in relation to the employee or the workforce as a whole. Based on established offenses, the following measures may be applied to the employer:

• an order was issued, which indicates the need to eliminate certain violations within a specified period of time ( for example, 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.

If serious offenses are detected, the results of the inspection may be submitted to the court or prosecutor's office to initiate criminal proceedings against the employer. IN in this case We are talking about gross violations of labor legislation:

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

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

You will be informed about the results of the inspection and the measures taken against the employer by receiving a corresponding notification. The text of the notification will also contain information regarding your further actions(if we are talking about illegal dismissal, then the notice will describe the procedure necessary for reinstatement in the workplace). If the results of the inspection do not satisfy you or you believe that your rights have been violated by the actions or inactions of the GIT inspector, you have the right to defend your interests in court. To do this you need to create statement of claim, to which attach a notification from the State Tax Inspectorate. You can also complain about the inspector directly by sending an appeal to the head of the territorial office of the Inspectorate.

Question answer

Question:
Employee of Element JSC Stepanova S.D. - mother of a 2-year-old child. In March 2016, Stepanova was fired due to the liquidation of Element JSC. Can Stepanova appeal to the State Labor Inspectorate 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 State Tax Inspectorate due to non-payment of wages for the last six months. Can Fedorov, without waiting for a response from the Inspectorate, file a lawsuit?

Yes, filing a claim with the State Tax Inspectorate 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 inspection report will be a valid basis for opening legal proceedings. On the other hand, penalties may satisfy Fedorov’s requirements, and subsequent recourse to court will not be required.

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

In some cases, the State Tax Inspectorate has the right to additional time to process the application (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 requests, as well as statements with direct threats and insults, may be left unanswered.

If you have questions about the topic of the article, please do not hesitate 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 there is a detailed answer to such a question, then your question will not be published.

Many people in our country have 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 terms limitation period. If total term is 3 years, then for labor disputes - 3 months. The period begins to run from the moment the person learned (or should have known) that his rights were violated. So where exactly should you file a complaint against your employer and what documents are required for this?

Grounds

Any citizen of our country has the right to contact the labor inspectorate if his rights as an employee have been violated. The inspectorate's activities are aimed at restoring this right. You can go there for any reason regarding labor relations.

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).
• Compliance Issues labor legislation in the field of labor protection.
• Refusal to pay upon dismissal.
• Refusal on the day of dismissal.
• Issues related to the peculiarities of working time, namely, overtime, etc.

There can be many reasons for applying - they are all regulated Labor Code Russian Federation.

Where can this be done?

So where exactly can you apply?

An application must be submitted to the inspectorate of the area in which the violation of the employee’s rights occurred. Each region has its own labor inspectorate. There are 3 main delivery 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 notification. 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, 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 filing and considering a complaint is discussed in detail in the following video:

Is it possible to complain anonymously?

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

• The employee has not quit his job, but he wants to initiate a review with his employer (while fearing that his complaint could negatively impact his career).
• The employee has already quit, but he is afraid of any actions on the part of the former employer that could 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 employee who has already been fired is afraid of his former employer - in case misconduct in his address, he will have every right to contact the police, who will take necessary measures. Besides, in the complaint itself you can make a request not to disclose data to the other party.

Submission via website

To file a complaint online you must:

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

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

• Initiate an audit of the employing company.
• 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 institution’s employees review the application and send a response to the applicant.

What does this require?

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

• Full name, address, contact telephone number of the applicant.
• Employer data (full name of the manager, actual and company name).
• The complaint itself must describe all the circumstances under which the violation of rights occurred.
• At the end, it is necessary to make a demand: what measures the applicant requests to apply to the employer (as in an electronic appeal), and also indicate a list of attached documents.
• Add date and signature with transcript.

Main documents that must be attached to the application:

• Order of appointment to a position.
• Copy work book(if the applicant has it).
• A copy of his passport.

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

Review period

As in others government institutions, certain deadlines have been established for the inspection, during which this body is obliged to consider the application, take all necessary actions and give a response to the applicant about the decision taken in writing.

Complaints to the labor inspectorate are processed in a timely manner up to one month from the date of receipt. If necessary, this period can be extended, but for no more than 30 days. In case of extension of the deadline, the institution's employees are obliged to notify the applicant in writing.

Labor inspection check

There are 2 main verification options:

• Planned carried out without an application - on the initiative of the inspector. Most often, they are subject to enterprises where numerous violations have previously occurred or been identified. Before carrying out such an inspection, the inspector first warns the management of the organization.
• Target carried out at the request of the employee. Any complaint, as a rule, entails an inspection by the inspector whose territory the enterprise belongs to. When visiting a company, an authorized person first checks the violations described in the application. If they are identified, the inspector will issue a fine and also issue an order to eliminate them, compliance with which he will check during a second 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 laws;
• presenting the employer with mandatory instructions to restore the employee’s violated labor rights;
• issuing orders to remove from work persons who are not familiar with the safety instructions and have not been able to confirm their knowledge of labor protection;
• bringing to administrative responsibility;
• investigation of the circumstances of industrial accidents;
• initiation 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 don't agree with the decision

The decision of the labor inspectorate (as well as other government 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.

Criminal liability of the employer

If the employer does not pay wages over 3 months, the employee has the right to write a statement to bring 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 wages will be charged under Art. 145.1 of the Criminal Code of the Russian Federation.

Cases where the labor rights of workers are violated are quite common. The majority of people treat unfair management decisions as an inevitable nuisance, without taking any action. This is not surprising - after all, many fear punishment in the form of monetary sanctions or imminent dismissal.

At the same time, Russian legislation has an extensive arsenal of tools that make it possible to protect workers and stand up for their rights. They are also effective in correct use can provide effective assistance.

Therefore, when faced with an unscrupulous employer, you should not neglect own rights and wait for the situation to resolve itself. Get help government agencies, and the problem will be resolved.

You can complain about your employer to the labor dispute commission, the prosecutor's office, the Federal Tax Service or the labor inspectorate. If you have chosen last option, then it is convenient to do this online. It is not necessary to go to the labor inspectorate for an appointment, just use the electronic form. Just a few simple steps– and you can count on a competent solution to the problem.

The complaint is submitted on the website Onlineinspektsiya.rf. Please note that as of January 1, 2017, new rules for submitting applications electronically have been introduced. An appeal can be the basis for an unscheduled inspection of the employer only if the applicant is authorized on the State Services website and has an account there.

Complain to the labor inspectorate online

1. To submit a statement about a violation of the law, first of all you need to follow the link https://onlineinspektsiya.rf/problems;

1. Next, you need to select a problem category;

1. A form will open in front of you where you need to indicate what result you would like to receive. After that, click on the “Continue” button. An addition will appear at the bottom of the page;

1. To continue filling out the application to the labor inspectorate, you will have to log in through the “State Services” portal using the “Login” button. If you don't have account, you will need to register;
2. Next, a request from the Onlineinspection.rf system will appear on the screen. to access your account. Click the “Submit” button. Otherwise, you will not be able to file a complaint about a violation of your labor rights;

1. After this, you will need to provide information about yourself - last name, first name, patronymic, email address, phone number. Required fields are marked with a red asterisk;

1. Then comes the turn of the actual statement. First of all, you need to indicate the name and actual address of the employer;

1. Next, enter data about the legal address of the enterprise, your position, INN/OGRN, type of organization, director;

1. After this, you need to state the essence of the problem and explain the current situation. You can attach photographs of documents or other materials to your complaint. If necessary, you can disclose information containing the names of colleagues and management. They are indicated in the lower field;

1. The last stage is to re-indicate your request and confirm that you are familiar with the rules and agreement of Onlineinspektsiya.rf. You must also confirm that you do not object to the processing of your personal data by the service. After checking the box, click on the “Submit Application” button.

This completes the submission of the application to the labor inspectorate. Now you just have to wait for the results. According to the law, thirty days are allotted for consideration of the complaint. During this time, a labor inspectorate employee will check the facts you specified. If necessary, he will visit your enterprise and conduct an audit.

The inspector may require the employer to:

• Company Charter;
• Employment contracts;
• Accounting documents;
• Regulations on material rewards and wages;
• Minutes of meetings of the commission on labor disputes.

Before you complain to the labor inspectorate about your employer, try to collect reliable evidence of his dishonesty. Otherwise, the results may be disappointing. An inspection carried out by a labor inspector will not bring desired result, and time will be lost.

Why does the complaint remain unanswered?

Sometimes an application sent online does not receive a response from the labor inspectorate. There may be several reasons. Among them:

• Lack of personal data in the application. If you have not entered them in the form indicated on the website, then the complaint will certainly remain unanswered. It does not matter whether you did not provide personal information accidentally or intentionally. Anonymous applications will not be considered.
• The presence of guesses and hypotheses, the absence of reliable facts. A complaint may remain unanswered if it is dominated by a subjective point of view. It is unlikely that the labor inspectorate will want to delve into unconfirmed hypotheses and deal with fictitious reasons.
• System error. Perhaps there was a glitch on the resource and the application simply did not reach the recipient. Submit your complaint a second time.
• Invalid email address. If you indicated in your complaint that you would like an answer to email, but you gave an incorrect e-mail, the letter will not be delivered to you. Therefore, check the information carefully.
• Illiteracy. Often, applicants demonstrate unprecedented ignorance. In the address you can not only see gross errors, but also find colloquial expressions, and even obscene language. Such incompetence in drawing up documents may well be the reason that the application will not be considered. When filing a complaint, try to ensure that it is written correctly.

Labour Inspectorate is an effective tool in the fight against unscrupulous employers. Whatever the reasons for the friction between them and the employees of enterprises, if there are reliable facts, the state will always come to the latter’s defense. Therefore, you should not ignore the opportunity that is effective in most cases. The main thing is to have authoritative evidence on hand. Even if you do not know how to correctly write a complaint to the labor inspectorate, with a little training it will not be difficult to do. Just go to Onlineinspektsiya.rf. and use simple prompts to write a statement.

If your employer violates labor laws, refuses leave, does not pay bonuses, or delays payment of wages, the Labor Inspectorate should help.

How to write correctly complaint to the Labor Inspectorate and how to achieve compliance with the terms of the contract on the part of the employer, we will consider in this article. The State Labor Inspectorate is a body that monitors compliance with the norms of the Labor Code.

Contacting the labor inspectorate

These responsibilities are imposed on the Labor Inspectorate by Decree of the Government of the Russian Federation No. 324 of June 30, 2004 “On approval of the regulations 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 on the part of the employer.

These unscheduled inspections by the State. labor inspection should be carried out in the event of complaints from employees about violations of the labor rights of workers.

Therefore, in case of any violations of your labor rights - in case of non-payment by the employer of benefits and bonuses due to you, in case of violation of the required working hours, 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 an online form appeals.

How to write a complaint to the Labor Inspectorate

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

• Reliability, brevity and accuracy of presentation of information. As always, you should present only verified facts that can be double-checked, and avoid subjective assessments and reasoning that are not relevant to the essence of the matter.
• Rules of the Russian language, literacy and compliance spelling rules required. Stick to proper presentation.
• Be sure to write your details correctly: full name and contact phone number to send a response to the complaint.

Complaint against an employer to the labor inspectorate - writing sample

An example plan for writing a complaint is given below:

State Labor Inspectorate
Krasnodar city,
Microdistrict Kamvolno-Sukonny Kombinat,
1st Zarechnaya street, 17
from Feodorov Feofan Izmailovich
Krasnodar, st. Sormovskaya, 12, apt. 1
contact phone: 11-11-11

COMPLAINT

From 2014 to the present day, I have been working as a gas worker at the gas station of Gazpromneft-Center LLC, which is located at the address: Krasnodar, Uralskaya street, building 96/3. From August 2015 to the present, the employer has not paid me a bonus, citing the fact that the parent organization Gazpromneft-Center LLC has switched to strict cost savings mode due to the global economic crisis and established a bonus percentage of 0.45% for all gas station workers. I have repeatedly written applications for the restoration of 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 to general director Society of Ivanov Efim Solomonovich. Although the receptionist accepted my application, she refused to sign the second copy. I did not wait for a response to my appeal.

Then I tried to talk to the director in person and made an appointment for October 11, 2016. During the conversation, the director pointed out that no one in our organization receives a bonus, not 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 the perpetrators to justice.
2. Ensure the exercise of my right to full payment of the bonus in accordance with the concluded employment contract.

What methods of filing complaints with the Labor Inspectorate are there?

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

• Personally come to an appointment with a specialist and give him a complaint.
• Send the complaint to the address of the Labor Inspectorate using Russian Post.
• Submit a complaint online on the website of the State Labor Inspectorate.

Let's look at the advantages and disadvantages of each of these three methods:

• In the first case, you standardly write 2 copies of the complaint indicating to whom it is addressed and from whom it is sent, enter your contact and passport information, 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 a date and signature official who accepted the document from you. It is important to indicate not only the address for a response, but also a telephone number to resolve issues that may arise during the review process.
• If you decide to send your complaint by mail, the process will be much the same. At the post office you will have to fill out a notification form and send a 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 official who received it. The mailing receipt also serves as proof of mailing until the notice is returned. The second copy of the complaint is not used in this case.
• Finally, if you are filing a complaint online, you will have to find the labor inspectorate website, find the link in the “Report a problem” drop-down menu, select one of 11 problem categories (for example, employer liability, change in working conditions, or dismissal), fill out the information , choose what result you expect to get (for example, holding the employer accountable or just getting advice). Thus, submitting an application through the online site is quite simple and convenient. If your category is not on the list, you can write to the “Other questions” section.

To send an application, you must provide certain information about yourself, that is, indicate your name, provide your residential address, telephone number for contact and email for a return response to your application.

Moreover, you can choose the method of receiving the answer yourself, whether it will come to the Russian Post or to your email box.

Also choose the purpose of your appeal, that is, do you just want to consult, or do you want to initiate a case against the administration of the enterprise, or initiate an audit of the organization to bring the perpetrators to justice.

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

All is ready? Click “Submit Application” and it’s done!

Important additions when contacting the Labor Inspectorate

1. The response time to your complaint is no more than 30 days from the date of filing. This period is fixed in the text Federal Law“On the procedure for considering appeals 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 curse words are not allowed in the text of the complaint; these violations also mean that your complaint will not be considered.
3. If an inspection was carried out based on your complaint and its results did not satisfy you, you have the right to appeal the actions of the inspector conducting the inspection to his immediate supervisor. If this does not bring the expected results, you can go to court. In many cases, the easiest way to get back the payments you are entitled to that are delayed by your employer is through the court. It makes sense to write to the prosecutor's office only in case of required sanctions against officials who have violated the law.
4. To speed up the consideration of the issue, you can contact all authorities simultaneously: the Labor Inspectorate, the court and the prosecutor's office.
5. Of course, before making a complaint, it is advisable to make an attempt to resolve your issue amicably, that is, first address your complaint to your manager, specifying in the complaint the proposed measures to resolve the situation and the time frame for resolution. If your demands are legitimate, this method is often more likely to lead you to a resolution of the conflict.
6. Attention! If your employer puts pressure on you and persuades you to write a letter of resignation due to at will, do not give in under any circumstances. He has no right to fire you without documented violations on your part. And if it happened in violation of the law, you can appeal this decision and be reinstated at work and receive compensation for damages.

If your complaint to the labor inspectorate remains unanswered, write a second one, making sure to specify in the text of the complaint that this complaint is being filed a second time and that you have not received a response to the first complaint filed on such and such a date. To appeal a decision on the labor inspectorate’s refusal 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 appeal to higher authorities to restore justice.