The form of appeal to the labor inspectorate. How to properly file a complaint with the labor inspectorate

It should also be borne in mind that if the boss does not agree with the order of the labor inspectorate, he has the right to appeal against this order. Let's first figure out which labor inspectorate to file a complaint against the employer with.

The purpose of this institution is to monitor how employers comply with labor laws.

• personally bring the letter to the labor inspectorate;
• send a letter by mail;
• report the problem to the online inspection.

It is quite possible that a competent and reasoned labor inspection, confidently placed on the manager's desk, will be able to resolve the situation in favor of the employee, even without his direct appeal to this authority.

We do it collectively

Complaint against prescription

According to article 361 of the Labor Code of the Russian Federation, the manager can appeal against the orders issued by the labor inspectorate. The main thing is not to miss the deadline and not to violate the appeal procedure. There are two ways to do this:

1. A complaint to the head who is higher than the inspector who made the order, or an appeal to the chief labor inspector in Russia.

If the inspector ordered to suspend the activities of the head, the decision can only be appealed in court.

A complaint to the court against the order of the labor inspectorate must be submitted within 10 days; the deadline for filing a complaint with the Federal Labor Inspectorate is not limited. Inspection must review the application within 30 days... If this does not happen, the applicant has the right to go to court (no later than three months). If a superior inspector refuses, his decision can also be appealed to a court of general jurisdiction.

The complaint is made in 2 copies: one copy - to the office, the other - to the applicant. It must contain the requisites and the name of the labor inspectorate whose instructions are being appealed. The applicant writes the details of his organization, address. In the complaint, you must indicate the number of the labor inspectorate's order. In the text, the applicant substantiates his claims, drawing the attention of the superior inspector to the illegality of the order of the local inspector, and asks to cancel the order or to admit that the local inspector acted unlawfully.

An example sample can be viewed.

How to do it anonymously?

Can the manager recognize the author of the letter?

The inspector will not review the letter if it does not include the name of the complainant. However, if there is a written request from the applicant not to disclose his full name, the inspector will break the law ( FZ 558 of the Labor Code of the Russian Federation), if he informs the employer of the information to whom he is obliged to check the labor inspection. The check is organized so that the management did not have the opportunity to understand which of the subordinates wrote the complaint.

What does the labor inspectorate check?

1. Contracts (labor, etc.).
2. Labor books of all employees.
3. Reporting on the movement of work books of workers.
4. Personal cards of employees.
5. State Schedule.
6. Vacation schedule, vacation alerts.
7. Timesheet, which takes into account working hours.
8. Payslips (whether they are issued to employees, etc.).
9. Local acts organizing the internal work schedule, wages, bonuses, personal data of employees (article 87 of the Labor Code), their labor protection (article 212 of the Labor Code).
10. Management orders.
11. Pay sheets, personal accounts of employees.
12. Are employees familiar with all the documents organizing their work?

I changed my mind! I am writing a refusal!

The reason for the unscheduled inspection of the organization by the employees of the state labor inspectorate is a complaint received by the authority overseeing labor relations that the employer is violating the rights of employees. None of the legal acts indicate the possibility of withdrawing a complaint in order to refuse to check. It should still be carried out, since it can reveal administrative offenses.

The employee, of course, can inform the state labor inspectorate that his conflict with the employer is over. In case of detection of administrative violations, this will mitigate the punishment of the head.

How to write a statement withdrawing a complaint? It should be similar in form to the complaint itself. In the header - an indication of the name of the labor inspectorate, its details, the name of the applicant, the position he occupies In the text of the application - I, Ivan Ivanov, I ask to withdraw my complaint from 05/01/2015 number (write the number of the complaint), because all disagreements with the employer are no longer valid, all issues have been resolved. Like that. Below is the signature, date.

In a democratic state, not the one who is the boss is right. The one who does not break the law is right. The labor inspectorate, the court, the prosecutor's office - these are state bodies where every employee can turn to restore his rights, infringed by the head. Inertia is not in vogue these days. The winner is the one who is not afraid to fight for the right to normal working conditions.

Many working citizens of the Russian Federation are faced with violations of their powers by the employer. To resolve controversial issues related to the legality of the labor process on the part of the leadership of the organizations, a labor inspectorate was created. When contacting such an inspectorate, you need to know that the statute of limitations for labor disputes is no more than three months from the date of detection of the offense.

Grounds for contacting the labor inspectorate

The current legislation of the Russian Federation provides that in case of violation of the rights of workers, any person has the full right to appeal to the labor inspectorate. Since this inspection body is aimed exclusively at the renewal of workers' rights.

Workers of various organizations can contact the labor inspectorate if labor relations have been documented between them and the management of the enterprise. A complaint may be filed with a supervisory authority for the following reasons:

• full or partial non-payment of wages. In this case, the current legislation of the Russian Federation provides for criminal liability for the violating employer;
• not providing earned vacation. The subordinate has the right to complain about the manager if he does not pay the due compensation for not taking leave;
• inadequacy of working conditions, which may lead to a deterioration in the health of workers;
• non-observance of legislative documents on labor protection;
• failure to comply with labor regulations;
• illegal layoff or dismissal;
• non-payment of benefits when calculating;
• refusal to provide a work book at the written request of an employee, or upon his dismissal;
  unjustified refusal to hire, when an employment center provides a job seeker with a vacancy at a certain enterprise, and its manager refuses to employ a new employee;
• refusal to provide the employee with the required benefits provided for by law;
• questions related to work and payment on non-working days (weekends, holidays).

The Labor Code of the Russian Federation provides for many more reasons for contacting the labor inspectorate. In order for the labor inspectorate to make a decision in favor of the worker, he must, in addition to the statement, provide unconditional evidence of the existing violations.

Application submission and anonymity

Each region has its own labor inspectorate. Therefore, it is necessary to apply to such an institution in the region where the worker's offense occurred.

An employment non-compliance claim can be filed in three main ways:

1. personally. For this method, the victim of the employer's illegal actions must appear to the controlling organization himself with a complaint (in duplicate) and accompanying documents, and give them to the office. Where inspection workers are required to put the date and the incoming document number on the applicant's copy;
2. send the application by mail. To be sure that the sent complaint is delivered to the addressee, it must be sent by registered message with notification;
3. send an application by e-mail. This method is the most convenient and safest. Since the entire collected package of documents is scanned and sent over the Internet, and the originals remain in the hands of the owner.

When filing a complaint, many citizens want to remain anonymous, that is, anonymously declare the manager's wrongdoing. Such actions of the employee may be prompted by the following reasons:

• for a working employee - fear for their career. Since the manager, who finds out who initiated the check, can demote or dismiss this employee;
• for a dismissed employee - fear of any actions on the part of the employer, which may result in various unpleasant consequences for the former worker.

However, it should be noted that the labor inspectorate does not accept anonymous applications. Therefore, when submitting documents, the applicant will need to indicate his information. The only way out of this situation is a written request, inscribed in the complaint itself, about non-disclosure of information to the defendant. Also, in words, it will be necessary to explain to the employees of the inspection the reasons for this request.

Online application

To apply online you need:

1. enter the official page of the labor inspectorate of the corresponding region;
2. enter all the required data on the website that opens;
3. describe the issues of concern;
4. attach a file with a scanned batch of documents.

In addition, a prerequisite is a clear indication of what kind of actions the employee expects from the inspection body:

• verification of the head of the enterprise;
• initiation of administrative proceedings, and bringing violators to justice;
• getting advice on an issue of interest.

In an electronic complaint, it is imperative to display the following data:

• surname, name, patronymic of the victim;
• his address and telephone number;
• surname, name, patronymic of the employer; legal and actual address of the enterprise;
• full name of the organization;
• circumstances of the violation;
• further preferred actions in relation to the person who committed the violation;
• a list of the attached documentation (scanned copies of the employment contract, employment record book, applicant's passport, and others).

You also need to put the date of drawing up and sending the application and the signature of the applicant. This complaint is considered within thirty days, after which an answer should be sent to the applicant's e-mail about the measures taken, or a notification about the need to extend the verification period.

It should be borne in mind that complaints that lack the necessary information about the applicant or employer, as well as anonymous applications, will not be accepted or considered by a government agency.

Application consideration period

In the labor inspectorate, as in other state bodies, the deadlines are determined, which provide for the acceptance of documents, their consideration, taking the necessary measures and giving a written response to the applicant.

Applications to the labor inspectorate must be considered within a month from the date they are received. This period can be extended only in cases of certain necessity and for no more than thirty days. If the period for considering a complaint is extended, the experts of the inspection body must notify the applicant in writing about this, and indicate the specific reasons for such actions taken.

Inspection check

There are two types of inspections in which representatives of the labor inspectorate have the right to inspect organizations:

• scheduled check. Performed in the absence of complaints. Basically, such checks are carried out by organizations where an emergency occurred or a large number of violations of regulatory legal acts were discovered. Before starting the inspection, the inspector is obliged to notify the management of the enterprise in advance. The notice is drawn up in writing, which indicates the start and end date of the audit; targeted audit. Carried out when a complaint is received. In this case,
• the inspector checks at the enterprise for the violations indicated in the application. If they are found, the authorized person issues an administrative penalty to the offender, and also issues an order of the established form to eliminate the revealed offenses. The implementation of which the inspector will be obliged to check at the next inspection.

In addition, a representative of the inspection organization can contact the prosecutor's office, judicial institutions or take other response measures that are within his authority.

The labor inspector is responsible for:

• control over the observance of labor regulations by the employer;
• preparation, delivery and control over the implementation of instructions;
• control over the familiarization of workers with the legislative acts on labor protection;
• bringing the perpetrators to justice;
• participation in accident investigations; removal from office of unqualified
• employees of the enterprise;
• participation in court proceedings;
• providing various information to law enforcement agencies.

A complete list of powers, duties and responsibilities of an inspector in the field of labor are provided for in the job description of an authorized person, which is signed by a lawyer of the organization and approved by the first head of a state institution.

Disagreement with the decision

If the applicant does not agree with the decision made by the inspection body after the inspection, he can dispute this result at the legislative level. To do this, you need to write an appropriate application addressed to the head of the regional branch of the labor inspection. If such an action did not bring the expected results, the offender can file a complaint with the main state body of the labor inspectorate of the Russian Federation or appeal the decision in court.

Criminal liability

The employer can be held criminally liable if he does not pay the money earned for more than three months.

To do this, an employee who has owed wages must apply to law enforcement agencies with an appropriate statement and a certificate of debt. Employees of which, after the inspection and establishment of the fact of violation, in accordance with Article 145.1 of the Criminal Code of the Russian Federation, will bring the employer to criminal liability.

In contact with

So: complaint to the state labor inspectorate:

To the state labor inspectorate in the city of Saint Petersburg. 198095, St. Petersburg, Zoya Kosmodemyanskaya street, house 28, letter A.

From: FULL NAME. living ( her) by the address: index, St. Petersburg, street _______________, d. ___, apt. __, tel. ___________.

COMPLAINT

about violation of the employee's rights

I AM, FULL NAME., in the period from "____" ______________ 20___ to "____" ______________ 20___ ( either to the present), have worked indicate position in LLC "_______________" (INN / KPP: ___________ / ___________); PSRN: ____________, current account ____________, BIK ____________, legal / actual address: index, St. Petersburg, st. ________________, House ______. For the entire period of my labor activity, the management of _______________ LLC constantly grossly violated my labor rights, guarantees and interests.

These violations are expressed as follows:

1. I have not received a salary from "____" ______________ 20___ to the present, which is a gross violation of the Labor Code of the Russian Federation. I turned to the management with a request to give me a salary for the months worked. However, the accountant and the director himself told me that I must write a letter of resignation of my own free will, and only in this case I will probably receive my money. They began to exert psychological pressure on me, forced to write a letter of resignation of my own free will. This fact is confirmed by an audio recording on a CD attached to the application. In a personal conversation, the organization's accountant does not hide the fact that the organization is acting illegally, but she herself is afraid of being fired and therefore strictly follows the director's orders for non-payment of wages, since the company has no money.

"____" ______________ 20___, I submitted to the management of the organization a notification that I would suspend work from 9:00 a.m. "____" ______________ 20___ until my salary was paid on the basis of Article 142 of the Labor Code of the Russian Federation. The director ignored this statement.

"____" ______________ 20___ I was summoned to the enterprise, ostensibly to receive a salary, but I was served with a notice of a reduction in the number of employees. At the same time, the severance pay was denied. Payment of severance pay in connection with a reduction in the number or staff of the organization's employees (part 2 of article 81 of the Labor Code of the Russian Federation) is regulated by article 178 of the Labor Code of the Russian Federation. Upon termination of an employment contract due to a reduction in the number or staff, the dismissed employee is paid a severance pay in the amount of the average monthly earnings, and he also retains the average monthly earnings for the period of employment, but not more than 2 months from the date of dismissal (including the severance pay).

The salary was never paid to me for the entire period!

All documents confirming labor relations: work book, labor contract are stored in _______________ LLC, which is a direct violation of the labor legislation of the Russian Federation. Since my work book is located in LLC _______________, I cannot get another job.

In accordance with Article 84.1 of the Labor Code of the Russian Federation, on the day of termination of labor relations, the employer is obliged to issue the employee a work book. In violation of the requirements of the above article, I was not given a work book. Failure to issue a work book to an employee upon dismissal is one of the cases of illegal deprivation of an employee of the opportunity to work. If the employee is not given a work book and there is no notification of its sending to the address of the dismissed employee, the employer, in accordance with paragraph 4 of part 1 of article 234 of the Labor Code of the Russian Federation, is obliged to reimburse the employee for the wages he did not receive, for the delay in issuing the work book to the employee.

Thus, LLC _______________ (represented by its officials) violated Article 84.1 of the Labor Code of the Russian Federation, and also infringed upon my labor rights and interests.

2. In accordance with Article 37 of the Constitution of the Russian Federation, an employee has the right to remuneration for work without any discrimination. In accordance with Article 136 of the Labor Code of the Russian Federation, wages are paid at least every half a month on the day established by the internal labor regulations, collective agreements, and labor contracts. In accordance with article 84.1 of the Labor Code of the Russian Federation, on the day of termination of labor relations, the employer is obliged to settle accounts with the employee.

In violation of the above articles, LLC _______________ systematically delayed and constantly did not pay my salary (it did not pay the entire salary, but only a part of it), there were constant delays. As a result, for the period from "____" ______________ 20___ to the present, I have not received any salary at all. The employer has a wage arrears in the amount to indicate the full amount of arrears in rubles. With the reduction, the settlement with me was not made.

Thus, LLC _______________ (represented by its officials) violated Article 37 of the Constitution of the Russian Federation, Articles 84.1 and 136 of the Labor Code of the Russian Federation, and also infringed upon my right to earn money guaranteed by the Constitution.

3. In accordance with article 67 of the Labor Code of the Russian Federation, an employment contract is concluded in writing, drawn up in two copies, each of which is signed by the parties. One copy of the employment contract is handed over to the employee, the other is kept by the employer. The receipt by the employee of a copy of the employment contract must be confirmed by the employee's signature on the copy of the employment contract kept by the employer.

In violation of the above article, I was not given my copy of the employment contract, and therefore I am having difficulty in going to court with a claim to recover wages, as well as to recover compensation for other violations of the employment contract concluded with me. Thus, LLC _______________ (represented by its officials) violated Article 67 of the Labor Code of the Russian Federation, and also infringed upon my labor rights and interests.

Only the most significant violations are indicated above. The same is true for other workers. In connection with this circumstance, the provocation of the activities of LLC _______________ by the state labor inspectorate is especially relevant.

I believe that the above actions of officials of _______________ LLC fall under Article 5.27 of the RF Code of Administrative Offenses.

I appeal to you for help, because in accordance with the current legislation, the State Labor Inspectorates receive citizens, consider applications, complaints and other appeals from citizens about violations of their labor rights. They carry out state supervision and control over the observance of labor legislation. Consider cases of administrative offenses. They carry out checks and investigations into the causes of violations of labor legislation and labor protection. They present employers with binding orders to eliminate violations of labor and labor protection legislation, to restore violated rights of citizens with proposals to bring those responsible for these violations to disciplinary responsibility or to remove them from office in accordance with the established procedure. They bring to administrative responsibility the persons guilty of violating the legislation of the Russian Federation on labor and labor protection.

Based on the foregoing and in accordance with Art. 84.1, 67, 136, 234 of the Labor Code of the Russian Federation, 5.27, 23.12 of the Administrative Code of the Russian Federation, Art. 37 of the Constitution of the Russian Federation,

I beg:

1. Conduct a check on this complaint and upon detection of violations of the legislation of the Russian Federation in the activities of LLC ______________ or officials of this organization - bring the perpetrators to administrative responsibility;

2. To oblige LLC "______________" to restore the violated right by returning my work book;

3. To oblige LLC "_____________" to pay me wages for the period from "____" ______________ 20___ to "____" ______________ 20___ in the amount of _________ rubles;

4. To oblige LLC "______________" to reimburse me the unreceived earnings for the period from "____" ______________ 20___ to "____" ______________ 20___ in the amount of _________ rubles for illegal deprivation of the right to work in connection with the failure to issue a work book;

Instructions

According to article 356 of the Labor Code of the Russian Federation, in order to restore and prove violated rights, the employee has the right to apply to with a complaint, letter or statement, which are written in free form.

The employer should be aware that not only an employee who is in an employment relationship with him has the right to contact the labor inspectorate, but also any other person, in the event of, for example, illegal refusal of employment.

All must be attached to confirm the fact of violation by the employer. These can be copies of orders, acts, internal labor regulations, etc. If it is impossible to provide copies of documents, the applicant must indicate this in his complaint.

Since the labor inspectorate does not make anonymous appeals, the employee must indicate all his data in the complaint (name, address, phone number). But, if, nevertheless, the applicant insists on confidentiality, then according to Part II of Article 358 of the Labor Code of the Russian Federation, the inspectors are obliged to keep the applicant's name secret. This should also be indicated in the complaint.

According to article 386 of the Labor Code of the Russian Federation, the period during which an employee can apply to the labor inspectorate is 3 months from the date of violation of his rights.

If the inspectors identify obvious norms of labor law, the employer will be provided with which he will be obliged to fulfill, for example, to reinstate the employee in his previous position.

The employer, having received a mandatory order of the labor inspectorate, can either fulfill it within the specified time frame, or refuse and appeal it in court within 10 days from the date of receipt.

The labor inspectorate, based on the employee's complaint, has the right to conduct an unscheduled inspection in the organization.

Sources:

• how to contact the employer

Almost everyone knows that the employee is less protected than the employer. Who among us has not heard from our bosses that we have no irreplaceable ones? It is often really easier for an employer to find a new employee than for an employee - a new job with a good salary and a good team. And even if workers' rights are openly violated, employers do not receive a worthy rebuff. The requests and demands of workers are ignored, it is expensive to defend rights in court. It remains to write an application to the labor inspectorate.

You will need

• Labor Code
• Documents confirming violation of rights

Instructions

When should you contact the labor inspectorate? If it seems to you that the employer has violated your rights, look through or consult a lawyer (consultations are usually free). It often happens that the employer already at work, for example, does not conclude an employment contract, or makes a fixed-term contract with an open date. Or, having concluded an agreement on work in one position, you are surprised to find that you have to do the work "for yourself and for that." It also happens that the money due to you under the contract, the employer decides not to pay at all, for example,. Or the workplace and working conditions are not just far from ideal, but very far. Another common violation is unpaid overtime. Or work without vacation over the time established by law. And, of course, unfair dismissal, for example. This list of violations of labor legislation by employers is not limited to, and if your rights are infringed upon, an application to the labor inspectorate in order to protect them.

There are labor inspections in almost every city in order to monitor compliance with labor laws. You need to find out your address and telephone number in any available directory. By driving or calling there, you can get the contact details of the inspector who oversees your organization.

Now you need to formulate a complaint to the labor inspectorate. It should reflect the essence of your claim and suggestions to eliminate the violation. The complaint must be accompanied by documents confirming that the employer is really violating your rights. However, if you do not have such documents, for example, due to the fact that the employer simply did not provide them, do not worry. Violations will be identified during the audit.

The application to the labor inspectorate must be completed properly. In the upper right corner, write the name of the institution (labor inspectorate), position, surname and initials of the addressee, just below - your surname and full name, as well as the address and contact phone number. In the text, you should write the name and address of the organization that violated your rights, as well as contact numbers, names of the general director and chief accountant, and also, after the indentation, state the essence of the complaint and a list of attached documents. At the bottom of the page, you should leave a signature and a transcript.

Instructions

When should you contact the labor inspectorate? If it seems to you that the employer has violated your rights, look through or consult a lawyer (consultations are usually free). It often happens that the employer already at work, for example, does not conclude an employment contract, or makes a fixed-term contract with an open date. Or, having concluded an agreement on work in one position, you are surprised to find that you have to do the work "for yourself and for that." It also happens that the money due to you under the contract, the employer decides not to pay at all, for example,. Or the workplace and working conditions are not just far from ideal, but very far. Another common violation is unpaid overtime. Or work without vacation over the time established by law. And, of course, unfair dismissal, for example. This list of violations of labor legislation by employers is not limited to, and if your rights are infringed upon, an application to the labor inspectorate in order to protect them.

There are labor inspections in almost every city in order to monitor compliance with labor laws. You need to find out your address and telephone number in any available directory. By driving or calling there, you can get the contact details of the inspector who oversees your organization.

Now you need to formulate a complaint to the labor inspectorate. It should reflect the essence of your claim and suggestions to eliminate the violation. The complaint must be accompanied by documents confirming that the employer is really violating your rights. However, if you do not have such documents, for example, due to the fact that the employer simply did not provide them, do not worry. Violations will be identified during the audit.

The application to the labor inspectorate must be completed properly. In the upper right corner, write the name of the institution (labor inspectorate), position, surname and initials of the addressee, just below - your surname and full name, as well as the address and contact phone number. In the text, you should write the name and address of the organization that violated your rights, as well as contact numbers, names of the general director and chief accountant, and also, after the indentation, state the essence of the complaint and a list of attached documents. At the bottom of the page, you should leave a signature and a transcript.

Having formulated a complaint to the labor inspectorate, you can take it directly to the inspectorate or send it by registered mail (always with notification) by mail. In the first case, do not forget to get the signature of the accepting person on the copy of your complaint, and in the second, keep the receipt and notice.

The labor inspectorate within a month is obliged to respond to your complaint and conduct an inspection of the organization that violated your rights. If this is the case, the complaint will be considered even faster, within 10 days. Based on the results of the inspection, an act and an order will be drawn up, according to which the employer will have to eliminate the violations within the specified period, as well as provide a report on this to the labor inspectorate.