Sample complaints in labor inspection at the employer. Samples of collective complaints

Application in the employment inspection - when should I write it? 4 Weightful causes + principle of labor inspection + sample application + 3 methods of transferring document + 5 stages of filing online application.

The employer's conscientiousness is the main stumbling block in many legal affairs. The man working in the day is long, has the right to stable payments for wages, and if problems arise with this question, contact the work inspection.

The legislative framework of the Russian Federation provides for a number of activities capable of affecting the employer and to resolve the issue as soon as possible.

Today we will look at how to write and submit an application to the employment inspection, as well as how exactly is the consideration of such affairs in legal aspects.

What is the work of labor inspection?

Labor laws are aimed at supporting employees throughout the country, but that they are respected, a special department is needed, which will be able to solve labor disputes between the employer and the employee from the enterprise. According to 2017, the labor inspectorate is in such a year.

Labor inspection is a department subordinate to the Ministry of Labor Activities of the Citizens Country.

Any head of the enterprise that has official registration is obliged to fulfill the decisions that are accepted by the work inspection, in full. If your employer conducts an unofficial type of activity, to write a statement by resolving the issue should already be in the prosecutor's office or tax.

What is the work of the Labor Inspectorate:

• makes raids to both public and private facilities, in order to identify offenses related to the employment of employees;
• makes consideration of accidents related to accidents that there have been a place to be in the enterprise;
• regulates the issue of social payments to which, mainly include benefits;
  Manages the work of the guardian departments of enterprises, which are engaged in citizens with physical / mental problems;
• deal with the solution of labor disputes written on behalf of the team (only for state institutions);
• tests working conditions;
• analyzes legal norms of labor protection staff at enterprises.

The main goal of the Labor Inspectorate - consideration of employee statements and take measures to solve them in pretrial order. In addition to the main directions in the work, the Labor Inspectorate decides other issues related to the relations of the employer employee.

The official body that represents the interests of the inspection is Roshdom.

In what cases does a person writes a statement in the labor inspection?

Before the question of directly labor inspectorate, the application is considered by the Special Department - commission of labor disputes. If a solution that meets both sides of the conflict was not found in the process of work, the employment inspection, which is engaged in a planned / unscheduled audit of an enterprise, which works / worked as an employee.

In the legal aspect, all the actions of this body are based on the Labor Code of Russia (https://www.consultant.ru/document/cons_doc_law_34683). Detailed information on what cases a person can write an application to the employment inspection, you can see in the table below.

Legal aspects of applying for an employment inspection:

Rostrud, as one of the controls from the Labor Inspectorate, is obliged to respond to each employee's statement and decide the question as soon as possible.

The threat of filing an application for labor inspection can be stimulated by the employer to pay salary, since an unscheduled inspection can bring much big problems than saving money on several employees.

In addition to penalties for non-payment of wages, an employee can write a statement in the event of one of the following 3 reasons:

Error in compensation after dismissal.

When an employee leaves from work because of the dismissal, in the accounting department, he receives a full calculation along with compensation. If this size is too small or absent at all, you are in the right to write a statement in the inspection.

The result will not make yourself wait long: it will be possible to get compensation within 10-15 days from the date of application.

Refusal to the manual.

Social benefits are a very important source of income for preferential categories of citizens of the Russian Federation. IP, and sometimes state structures are trying to save on benefits and do not provide payments to full, or refuse to accrual them at all.

In case of such situations, it is necessary to immediately submit a statement to the employment inspection.

Refusal to leave.

According to the current legislation, each employee has right on vacation after 6 months of continuous work. Many private organizations ignore this right by explaining this high load.

A premium can be incentive, but keep in mind that 2-3 years without vacation are capable of a very negative effect on the psychological state of a person.

With it, in order to solve one of the above issues, you can safely send an application to the work inspection. Timely appeal will save you from the unreasonable oppression by the leadership and will provide the opportunity to clarify the situation in the legal field.

How to write a statement to the employment inspection?

For citizens of the country, the law did not establish a single form of appeal to government agencies in writing, because each person is an application alone.

In order not to receive a refusal due to illiteracy in the compilation of the document, we have prepared a couple of tips for you that will help to work correctly not only with a statement in the inspection, but also by other official appointments.

Common set of rules:

• use a business language in writing text and describing the situation;
• lower the jargonis and obscene expressions - they can lead to refusal to consider the application;
• any statement is obliged to contain the signature of the compiler;
• the document cap is obliged to contain major information about the state structure, where it is sent;
• do not forget to specify the inverse contact details for communication;
• if there are any additional papers in the application, attach them to the document.

Adhering to these simple tips, you can draw up a qualitative statement that will not pass by the eye of the staff of the Labor Inspection.

1) What feed options exist?

To date, employees are available several methods for submitting an application to the inspection. Depending on the level of employment, as well as the schedule of work (many institutions work at the same time as the inspection state), a person himself can decide which option it is best for him.

Allocate 3 main methods for submitting applications.

Method number 1. Personal visit.

In 90% of cases, major settlements have 1-2 inspection department capable of accepting visitors and consult on the question of interest.

It is very important to use a personal visit if you are not fully confident in our rightness - professionals will be able to advise you and help you decide on the decision to submit an application to the employer.

What documents take with you:

• identification;
• copy or original of the employment contract;
• documentary confirmations capable of inclining the scales of justice in your direction;
• orders' orders directly related to your purpose writing statements.

Litting at the table and taking a sample from a consultant, write a right statement will not be much difficult. But if there is no desire to do it in place, we describe in detail the procedure for its preparation at home. After moving the completed document, the employee, you will receive the root confirming the action.

Method number 2. Sending by mail.

The compilation algorithm is not different from other options - only the finished statement will need to be sent to the recipient not personally, but through mail services. If additional paper is attached to the letter, make an inventory on them and attach to the application itself.

When sending mail, it is better not to use the original papers, but their certified copies - this will help to avoid problems if the letter suddenly gets lost on the way.

The most optimal way to send documents is a registered letter confirming. In your hands there will be a ticket with a sequence number, which will allow you to track the parcel throughout the path to the department of labor inspection.

After receiving and consideration of the case, one of the state authorities will contact you and discuss the details to address the question of interest.

Method number 3. Online application.

The Official Website of Rostrud provides users with the possibility of electronic submission of an application for labor inspection.

The advantages are obvious - paying 30-40 minutes of personal time, a person may not leaving the house, send an application to the appropriate authority and get a comprehensive response within 1-2 business days. We will talk about this method more detailed below.

Whatever the option is not chosen, everywhere you will need skills in making a statement. And if with a personal visit, there is an opportunity to fill in the document along with the consultant, then doing this case at home, a person may face certain difficulties.

2) a sample application to the employment inspection.

In order for you to complete the application of the house, we have prepared a sample for you with a ready-made practical example of a salary employee's situation. The reason may be the other - it all depends on the situation in which the enterprise worker turned out to be.

The official statement in its structure contains 4 main parts, without which, it is impossible to consider its consideration by labor inspectorate. The correct preparation of each of them will simplify the consideration procedure for government officials and will increase the speed of promotion.

4 elements of the document, how to write a statement to the employment inspection:

1. Cap. Contains the main data on labor inspection or an authorized person who will receive your statement.

   If this is a department, it is enough to write the postal address of the institution. If the recipient performs an individual, in addition to standard data, write completely full. and the person's office.

2. Name. Regardless of the purpose of your request, you should always follow the established standards in submitting documents to the official controls and write the word "statement" in the table.
3. Content. The main part of the statement is obliged to contain the most important information regarding the case.

   The description should be:

   • deployed information on the employer;
   • accurate data on the employment contract + current position of the employee in the organization;
   • the date of issuing wages together with the delay period;
   • how much the employer owes an employee and what measures by a person were undertaken to receive money.

   Requirements in the case to present in the most detailed as possible, indicating all the nuances. When writing a statement at once from 2-3 people (collective), the amount of debt is described for each individual in a separate manner.

Do not forget to indicate articles from the legislative base, thereby confirming their words in the legal field.

4. Conclusion. Contains the applicant's signature (s), as well as the date when the current statement was drawn up by an individual.

Following the above structure, you can independently draw up a document using a sample application to the employment inspection as a visual material.

How to write a statement to the employment inspection online

Why make many extra televitations when you send an application to the inspection while sitting on the sofa at the laptop monitor? This service only recently began to act, but the news about the new opportunities of the Rostrude service quickly flew out the expanses of the Internet.

We decided to describe the phased algorithm of actions of this procedure and pay attention to the nuances that I can arise when making an online application.

To serve the online application you need to perform 5 stages.

Stage 1. Cause.

To take advantage of the procedure under consideration, go to the online resource. FRF, where on the main page, select the Questions section for employees.

In the section that opens, stop your choice at the point " Report an issue" When you hover the mouse, you can familiarize yourself with additional information on writing an online application in the Labor Inspectorate.

Specify the category (1) to which your question relates. The structure of the site will maximize the search for the search and make a step-by-step choice from the initial category to a narrow-controlled question (2).

By confirming the reason you are interested in, mark the result (3), which expects a problem from solving.

Stage 2. Filling the personal data.

Before you start working with a document online, confirm the registration through the public services website. Such a measure reduces the number of spam in the labor inspection, since only proven citizens can receive an account on the public service website.

If desired, the user can familiarize himself with the information that the resource of the Labor Inspectorate will use - just click on the sign "? "Near the relevant item.

After logging into your account on the website of the State Service, you can continue the work further.

A questionnaire appears containing three fields to fill in (1) and communication data (email address and telephone number in international format) (2). For general visibility, the user must fill in two fields of nickname, where data is specified visible to other users.

Stage 3. Compile a statement to the employment inspection.

In order for the information to be readable, form with fields will appear on the site alternately, which will require your attention. Try to prevent errors when filling - your information can be used in legally significant documents.

Initially, information about the physical / legal entity should be submitted to which the application will be written. Specify the organization or private person (1), then add the address (2). Show Location You can both through the standard description and using the Yandex.Mapart service.

The following should be a block with a phased description of the accurate data on the employer, including the legal address, the position that you are in the organization and brief information on the person itself (1-5). All filled fields are hidden for other users, only an authorized employee of the Labor Inspection will be able to familiarize themselves with information.

Finally, we got to the main unit, where the user will be able to "pour out the soul" to the inspection workers in the business style and disclose the situation in the most detailed form (1).

If there are additional documents confirming your words - load them through a special form (2). Data that is not desirable to give publicity, enter in the last field (3).

Stage 4. Sending an application.

Before sending, check the information entered once again. As already mentioned, any inaccuracies may adversely affect the procedure of consideration of the case, up to the rejection of the application.

At the last stage, specify which petition most suitable for your goals (1).

Do not forget to explore the user agreement of the service (2), although many people do not like this stage, in this case it is necessary. Click the "Send" button (3) - your application was delivered to the work inspection and will soon be considered.

Stage 5. Consideration of the application.

Implemented for 30 calendar days From the moment of writing. Your case will be considered by a separate inspector, which employers will attend employers in a detailed study of the facts in the case and hold an unscheduled verification.

What will check the employee of the Labor Inspection:

• by what charter is a legal / individual;
• documents in which figures on prizes and promotions of employees mean;
• all types of employment contracts of the enterprise;
• accounting reporting;
• list of protocol records to solve controversial issues within the organization.

The result of the inspection becomes the conclusion of a specialist, decorated in the form of an act, in which they are confirmed or refuted by the arguments of the employee, which wrote a statement.

If all the information specified in the employee's statement took place to be - in 10 days Authorized bodies of the Labor Inspectorate occurs in the case for the management of the organization.

What measures can be taken:

• the requirement to solve the issue of an employee, which sent a complaint within 1 month, after which reported on the sample before Roshdom;
• the imposition of a fine if the case is recognized as an administrative violation;
• sometimes the organization of the organization is temporarily suspended until the issue is resolved;
• dismissal of a responsible employee with his position + imposing penalties;
• in rare cases, the institution of a criminal case is possible.

Preventive measures to several employees of leadership positions may be combined and distributed depending on the degree of guilt of each of them.

When will the online statement in the labor inspection may reject?

Lack of personal information.

Anonymous statements by law do not have the strength from a legal point of view, unless this is not a threat to human life. Lowering specially or randomly some personal data, or specifying other people, you risk ignored by the Labor Inspection.

Excessive subjectivity.

Such phrases as "I think", "I suppose" and so on, not justified documented, deprived of legal value. In the description of the situation, use only reliable facts that had a place to be, and which is confirmation.

Illiteracy.

A large number of orphographic errors and obscene vocabulary with a 100% probability guarantee the deviation of your application.

Errors on the server.

Although the Labor Inspection Service and works on stable servers, there is always the likelihood of a system failure. After the month passed, and you still have not received an answer to your application, send the application again.

Specify the mailbox when filling in the contact information - such a step will allow you to learn about the state of consideration of your application + will give the opportunity to get acquainted with the reasons for failure if such is.

Is it possible to appeal against the decision of the Labor Inspection?

Do not think that the labor inspectorate is always favorable towards the affected side. Each business is estimated objectively, and if the evidence of the guidance guilt, from the point of view of the inspector, will not be enough, the result can be a partial or complete refusal to fulfill the applicant's requirements.

To appeal the decision of the Labor Inspectorate, it is necessary to perform 3 steps.

Step number 1. Letter to the management of the Labor Inspection.

If the result of consideration of the case does not suit you in any way, it is necessary in a period of 30 days from the date of his announcement Write a plaintive letter to the head of the department in your region. Specify the dubious moments in solving the inspector, which was engaged in your work, and provide your own arguments on this issue.

If your request was satisfied - stop, if not, we move to step number 2.

Step number 2. Collection of information.

The inspection decides in a pre-trial procedure, however, when appealing without the participation of this authority, it is not necessary to do. Collect the packet of papers, which, in the opinion of the Labor Inspectorate, are dual character and cannot be perceived as a full evidence of the guilt of the employer.

If there is a little presented evidence, find other arguments that will help to defend your point of view in court.

You will learn when you need to contact the labor inspection,
And how to make an appointment and apply.

Step number 3. Submission of documents to court.

The judicial authorities are issued a sample of the application for which it will be necessary to write a request for the consideration of your question. At the request of authorized persons, provide the previously sent an application to the work inspection (or a copy of it). Together with the application, the documents collected by you in the case are transferred.

To have more chances for success, hire a lawyer or at least consult. After payment of the state duty will be appointed date of consideration of the case. The average waiting time before the final decision of the court does not exceed 1 month from the start of the proceedings.

Statement to the Labor Inspectorate - The fastest way to get a solution to the problem without lawsuits. A properly compiled document will speed up the application process and provide more chances for the success of the case.

In the process of each employee, conflicts with employers may arise if labor rights violation occurs. Most often such situations are resolved by a peaceful way within a labor collective. However, sometimes it comes to the point that the complaint is required in the labor inspection.

In what cases to contact

State labor inspectorate and, accordingly, its regional offices are intended to:

Consider the appeals of citizens who declared violations of their labor rights;

Take measures to eliminate the found violations and restoring violated rights.

Based on this brief list of inspection functions, it becomes clear that it is practically any violation of labor laws. As a result, the complaint into the labor inspection can be submitted in cases where:

• the citizen is not provided with the work indicated in the employment contract;
• wages are paid not completely or with disruption;
• such a workplace is provided that does not comply with the requirements of labor protection or collective agreement conditions;
• the employee has no compulsory social insurance contract;
• the employee is not provided with recreation time or not in full.

This list is not closed and allows for the emergence of new reasons for contacting the inspection, for example, a candidate for a position may be complained to an employer if he was refused to work under a false pretext. Moreover, if the violations are massive, it may also be a collective complaint against the labor inspection. Inspection in such cases checks employers with double energy.

Where to contact

At the head of the entire hierarchy is the Federal Service for Labor and Employment, or Abbreviated - Rostrud. The Inspectorates that perform their functions in the constituent entities of the Russian Federation are lower in rank.

To arrange its claims, it should be written in a complaint about the employment inspection, which is the address of the location of the employer. Above the instances should be applied if the result of the consideration does not satisfy the applicant. The address of the local inspection can be found in the telephone directory or on the Rosager website.

What way to send

Until recently, it was possible to submit a complaint to the labor inspection in two ways:

• visit the inspection personally and give documents to the secretariat or inspector;
• send a complaint by mail by registered mail, preferably with a notice of delivery.

Print the document follows two copies. In the first case, the second copy will stand in the inspection on the inspection, in the second case, the root of the receipt notification will be attached to it.

However, Internet technologies allowed us to add another very convenient path - electronic. Rostrude launched a service with which a complaint could be served in the labor inspection online, that is, from its site you can immediately contact the inspectors. And here, in turn, you can use two options:

• send by electronic by a complaint as part of an online resource.
• and you can also appeal through the site to obtain an official response that will be caused by law by law and can serve as an argument in litigation.

What arguments to give

In all cases, a citizen for the first time drawn up with such statements is desirable to consistent with the competent persons. Usually, in such cases, a specialist of the territorial inspection can help, which will prompt which articles of laws to rely on. So, the Labor Inspectorate of Moscow Write a complaint, for example, allows directly in its office.

The formulation of the claim must be a clear and not allow dual interpretations. Show:

• what labor rights violated the employer;
• what articles of legislative acts are determined by these rights (usually the main document referenced by the applicants is the Labor Code of the Russian Federation);
• in which period the rights are violated;
• what the employer refers to the exercise of illegal (according to the applicant) actions;
• what is the debt in front of a wage worker, vacation, premium and other payments (if the case is in them);
• what expenses suffered an employee as a result of such actions of the employer.

This list, of course, is not final. Quite often, workers complain about working conditions, vacation delays and other similar circumstances that do not carry visible material damage.

Than reinforcing arguments

To confirm the correctness of the applicant, it is very desirable that the complaint into the employment inspection will be supported by significant arguments. As such, the documents usually act.

There are no strictly list, but from the available employee documents can be submitted to the inspection:

1. An employment contract containing the paragraphs that do not meet the legislation, or those items that have been violated (the duration of the working day, the working week, etc.).
2. Estimated sheets that give the employer when issuing salary.
3. Extracts from the account of the salary bank card, which comes from the employer.
4. The challenged order for dismissal or on the vacation "without detention" and others.

The filing of the complaint to the employment inspection must be accompanied by an application of copies of the documents given. Originals should be left for possible further litigation.

How to make text complaints

The strict form of complaints in the labor inspection is absent. But the text must necessarily contain the following details and information:

• name of territorial inspection;
• surname, name, patronymic of the head of this inspection (if this information is not available, can be limited to the title of position);
• surname, name, patronymic of the applicant;
• the name of the appeal is "complaint" or "statement";
• essence of complaints;
• signature and the date of writing complaints.

Sample complaint

As a result, a sample of complaints in the labor inspection will look something like this:

State Labor Inspection G. ___________

Boss ________________________________

from ____________________________________,

prog. _________________________________

tel. _____________________ (indicated if

need operational communication)

I am before _______ (date) worked at the enterprise ___________ (Company name and its address) in positions ________. Leader _________ (F.O.O.) dismissed me _______ (date and number of the order) under a contrived pretext. Thus, my rights referred to in Article _____ of the Labor Code were violated.

Please take measures to restore violated rights and restore me at work in your previous position.

Copies of documents are attached:

1. ______________________.
2. ______________________.

Date ___________________ signature ____________________ F.O.O.

Of course, this is just an example of complaints about the employment inspection, and the essence of the claims can be completely different.

How to check the employer

The complaint will become an indispensable basis for checking the employer's actions. From the practice of the work of inspectors, it is seen how the work inspection on the complaint is carried out.

1. First, the available composition of documents will be investigated. In other words, inspectors will check whether all the necessary documents are available. There are a collective agreement, staffing, labor regulations, employment contracts, working hours accounting tables, calculated sheets, provisions on allowances and bonuses, registry of hospital sheets, vacation schedules. However, this list the interests of the inspections will not be limited to: they will certainly need employment records and a book on the accounting of their movement, personal cards.

If the complaint contains claims to working conditions, then labor protection also will also be taught.

2. Then will be verified the correctness of the design of the available documents. Special attention will be paid to employment contracts, which may contain the following shortcomings:

• Labor contracts are absent from part of employees.
• In labor contracts with a limited validity period (urgent), there are no grounds for such a restriction.
• In employment contracts it is indicated that payment is made according to a staffing schedule, and there is no tariff rate or salary size. This situation indicates the presence of violation of Art. 57 TK RF.
• In employment contracts, there is a record that at the time of the trial period salary will be lower than that of the main personnel. There is a violation of Art. 132 TK RF.

It is necessary to pay attention to workers who have to make it possible to conclude with them, and not civil contracts, as often happening. In the latter case, the employer facilitates life and avoids NDFL and insurance premiums. And the Tax Declaration of Citizen will have to pass himself. If the labor inspectorate will receive a complaint on this account, the employer threaten serious sanctions: except that it will have to pay "saved" taxes and contributions, he will pay penalties and fines.

What threatens the employer violation of labor laws

In rare cases, the complaint of the labor inspection remains without consequences. The sanctions are still applied, but they depend on the severity of violations. Inspectors have very broad powers on punishments, and they can have the right:

• issue prescriptions to eliminate detected violations;
• attract perpetrators to administrative responsibility;
• give orders to leadership to attract responsible persons to the organization for disciplinary responsibility;
• suspend work of both whole companies and their divisions or even individual sites, if significant disorders have been found, as a result of which the threat of life and health of employees arises;
• remove individuals who have not been trained in the workplace;
• apply to law enforcement agencies to attract violators to criminal liability if circumstances require;
• act as experts when considering administrative and criminal cases on violations of labor legislation.

The result of the work of inspectors will be an act of checks to which if violations are detected, the order is necessarily attached to eliminate them with specific timing. The act will further consider the Inspection Guide and will decide on the punishment or absence of it. The ruling will necessarily be brought to the organization's leadership and to the applicant (if the complaint is not an anonymous nature). The term of consideration of the complaint by the employment inspection is 30 days, counting from the moment when it entered the inspectors. It is possible to extend it, but only another month, no more.

Where to appeal in disagreement with the results of the inspection

The appeal system in public institutions is designed so that it is not recommended to walk "through the head". This means that in disagreement with the results of checking with the appeal, you should first contact the higher authority, that is, to the republican, regional or regional labor inspection.

At the same time, no one prohibits immediately submitted to the employer, however, as mentioned above, local courts will attract local inspectors as experts.

There is another resource that is very widely used when looking for justice in labor relations. This is the prosecutor's office. Law enforcement officers of this department especially love wage issues and act in court on the side of affected persons.

Anonymity or official - what to choose?

In some cases, employees, wishing to complain about the illegal actions of the employer, want their last name anywhere when checking did not appear. Note that if the complaint into the employment inspection was anonymously entered, it is impossible to consider it by law.

But the labor inspectorate provides some kind of incognito. In the text of the complaint, you can specify the desire to remain unknown to the public. Checking will be required to observe secrecy. In addition, they will check the organization for all employees, and the employer will not be possible to understand who wrote a statement.

Sample complaints in the labor inspection, taking into account the latest changes in the legislation of the Russian Federation.

The Labor Code of the Russian Federation provides for several ways to protect the rights of the employee. This may be an appeal to the Court, to the Commission on Labor Disputes, as well as to the Federal Labor Inspectorate (Rostrudnadzor).

The most extensive competence is Rostrudnadzor, since there are special inspectors in the state of this service who are entitled to conduct field checks in enterprises on complaints of workers. It is worth noting that it is necessary to contact Rostrudnadzor in cases where it is not about labor dispute, but about violation by the employer of labor legislation. The complaint may concern the organization of working conditions, issues regarding accidents, design of labor documentation, etc.

It must be remembered that part of labor disputes (among them the questions of illegal dismissal, changes in the motivation of dismissal, violation of the procedure for the use of personal data, attracting an employee to material responsibility) can be considered only by the court, therefore it makes sense to contact them in Rostrudnadzor.

Registration of the complaint itself is quite standard for such documents. A sample of such a complaint is shown below. As for the description of disorders, each of them is described separately. Initially, the employer's actions are described, which the worker considers illegal, then arguments and references to the norms of the Labor Code of the Russian Federation as a confirmation of the employee's position.

In the final part of the complaint, the employee must identify what measures are required to be taken with respect to the employer. Moreover, it is not only about punitive measures, but also actions that are necessary to restore the violated rights of the employee.

To federal labor inspectorate
in the town___________________

________________________
(specify address)

From ______________________
(Full name, address of accommodation, contact details)

A complaint

about violation of the rights of the employee

I, ___________________ (Full name of the applicant), I am an employee ____________________ (indicate the name, organizational and legal form, the INN, the address of the employer, if we are talking about II, then indicate F.I., address, INN).

At this enterprise (institution, organization) I work under an employment contract with "___" "__________" 20 __ years in positions ______________________ (specify who worker works).

During my work activity, my labor law has repeatedly violated as a result of the following actions of the employer _____________________ (indicate the actions of the employer who violate the rights of the employee provided for by labor legislation).

The indicated actions of the employer are illegal due to _________________________ (indicate the norms of the Labor Code of the Russian Federation, other regulatory acts, taking into account the actions of the employer are illegal).

Considering the above, guided by Articles 354, 356 of the Labor Code of the Russian Federation,

ASK:

1. To check the arguments set forth in the complaint and when the relevant violations are detected in the activity ____________________ (indicate the name, legal form, if we are talking about II, then indicate F.I.O., address, INN) to attract perpetrators to administrative responsibility ;

2. To oblige my employer __________________ (specify the name, organizational and legal form) ____________________ (specify what needs to be done to eliminate violations, for example, to pay wages, make calculation in full, issue a labor book, etc.);

3. Inform me about the results of the inspection.

Applications:

1. A copy of the passport of the employee;

2. A copy of the employment contract;

3. Documents confirming the applicant's arguments.

"___" "________" 20__ years ________________ (signature)

The submission of a complaint to the employment inspection is the legal right of any employee, whose rights or legitimate interests were violated or challenged as a result of unlawful actions of the authorities or third parties.

State supervision of observance of the rights of workers is engaged in labor inspection and wages. In the norms of Art. 353 of the Labor Code of the Russian Federation contains an indication that the terms of reference of the federal control authority include compliance check:

• labor legislation
• other regulatory acts describing the norms of labor law

Citizens submit an application to the employment inspection, if the employer adopted an illegal decision or committed an unlawful effect. Having received an appeal, the labor inspectorate carries out work on control:

• compliance with laws and subtitle acts, as well as prescriptions for the elimination of violations
• correctness and validity of the preparation of protocols on administrative offenses
• the correctness of the preparation of other materials necessary to attract the responsibility
• the legality of the decision of the chief about the conclusion, change or termination of the employment contract
• circumstances and causes of violations identified at the production

After consideration of the application from the employee, the Commission staff make decisions aimed at eliminating detected violations and restoring the labor rights of citizens. If necessary, the Commission's bodies are engaged in consideration of cases of administrative offenses.

How to complain to the employment inspection on the employer

To properly write a complaint against the employer to the employment inspection, the employee is recommended to take advantage of the sample of written statements that are on the official websites of state bodies and in the city departments of labor commissions.

In order to complain about the employment inspection in accordance with the legal order and avoid the need to rewrite the application, the employee is enough to visit the official website of state bodies or the nearest department of the Labor Commission.

The employee of the state body will tell me that when writing a complaint about the work inspection online or on a conventional paper carrier, applicants must indicate:

• the name of the State Inspectorate of Labor, in which the document is addressed;
• FULL NAME OF CITY, whose rights are violated
• contact details of a citizen, including place of residence, phone number and email address
• the essence of the complaint. It is important to indicate which rights and freedoms were violated, describe the circumstances of the commitment of unlawful acts. You should specify the date and time of disabilities, the essence of the employer actions
• name and location of the employer, the date of the conclusion of the employment contract, as well as the name of the head of the organization, his position and phone number
• the date of compulsion

Also art. 7 of the Law of 02.05.2006 N 59-ФЗ emphasizes the need to have a citizen's personal signature on the statement compiled by him.

If the person needs to confirm the arguments marked in the statement, it makes it implied to the complaint of evidence (documents and materials, as well as their copies). In the event that any documentary evidence was attached to the statement of the employee, it leads their list at the end of the text of the complaint.

If the statement contains offensive expressions, the threats of life, health and property (civil servant or members of his family), as well as obscene phrases, then officials:

1. leave a statement without an answer
2. send a message to the applicant with a warning about the inadmissibility of the abuse of right

If the application of the employee contains text that is not amenable to reading, then authorized persons:

1. do not consider appeal
2. do not give the applicant the answer is essence of the complaint
3. send a citizen notice of refusal to consider circulation for 7 days from the date of registration of the document. A message with refusal is sent to only those applicants, the surname and the reverse address of which can be read

In a situation where the complaint contains a question to which written answers were repeatedly given, the head of the authorized body decides:

1. on the bottomlessness of the next appeal of the citizen
2. on the termination of correspondence with a citizen on a certain issue
3. on the applicant's direction notice of making the decisions described above

Such solutions of civil servants will be legal, if a citizen has not been described in a re-statement of new circumstances or arguments on the merits. Also taken into account the address specified in the application. Cut the correspondence can be terminated only with a citizen who filed the same statements:

• in the same state body
• the same person

Ways to file a complaint to the employer's work inspection

After drawing up a complaint against the employer in the labor inspectorate, a citizen clarifies the schedule of the control body, transfers its complaint to authorized persons and additional guidelines. The official checks the correctness of the compulsory complaints and registers it in the magazine of incoming documentation.

After that, the appeal is assigned an individual number. The received and registered complaint will be aimed at consideration to authorized officials.

Is it anonymously complain to the labor inspection on the employer

Therefore, if you contact the labor inspection anonymously, the citizen will not receive:

• answer essentially described complaints
• messages to refuse to accept a document for consideration

The presence of the name and reverse postal address of the applicant is mandatory requirements for the adoption of a document for consideration. Government bodies are not entitled to give answers to anonymous letters who entered the employment inspection.

The employee must indicate his name and address data, but it may apply for the confidentiality of the upcoming test. This means that the control bodies that make a decision on conducting an audit on the statement of a citizen will not report to the employer who exactly from his employees filed a complaint. This will allow the citizen to avoid persecution and unfair attitude from the head.

The objection to the employee against the report by the employer of information about the source of the complaint according to Art. 358 TK RF is the basis for recognizing the applicant's personal data by secret. The employees of the Labor Commission imposes a duty to keep the data obtained in secret even after leaving their position.

How to contact the labor inspection. Flow Methods Complaints

The law provides 3 forms of appeal to the employment inspection:

• send a written application by mail
• personally, attend the Labor Inspection Department with a statement written on paper
• complain to the employer in the Labor Inspection Online

For a personal visit to the control authority, it is necessary to find out the address and reception hours of the Territorial Department of the Labor Commission. You can clarify information about the work of the local commission on the Internet or on reference telephone numbers.

If a citizen wants to send a mail document, he needs to send a customer with a notice of delivery. It is recommended to make an inventory invested in the envelope of documents.

A letter with a complaint is investing materials (or their copies) proving the validity of the events described. After the delivery of the departure at the addressed authority, the applicant will receive a notice of the date of receipt of the complaint by the Inspection officer.

If the appeal is submitted in electronic form, the citizen sends an additional materials in the address of the Email of Labor Inspection. The law allows citizens to submit an electronic statement, but to send an application on paper.

What kind of labor inspection you need to treat a complaint

In each subject of the Russian Federation, there is a separate supervisory authority for labor rights protection. Written appeals are submitted by citizens in labor commissions located on the territory of the subject of residence. The cities are open offices of inspections that host written complaints and made motivated decisions on them.

The activities of the supervisory authorities are monitored by the Federal Labor Inspectorate. Solutions of the local labor inspection, a displeased citizen can appeal in higher authorities or in court.

How long is the complaints in labor inspection

Government officials of labor protection inspections accept a citizen's statement, after that the document is sent to register. According to legal register, the complaint registration occurs within 3 days from the date of receipt of the document.
Any appeals, including statements and complaints, can be considered up to 30 days. One month starts to be calculated from the moment of registration of the incoming document. If the complaint requires more detailed analysis, then the period of its consideration can be extended.
If the bodies of the Commission for the Protection of Labor Law will decide on the prolongation of the term of consideration of the appeal, the applicant will send a corresponding notice.

In the event that issues that are not included in the competence of the State Labor Inspection will be found, the document will be sent to the appropriate authority within 7 days from the date of registration. Authorized persons inform the applicant about making a decision to forward the appeal by sending a written message.

Having considered the complaint of a citizen, authorized officials may decide on the appointment of the employer's verification. Such control measures are organized to confirm the actual violations of the labor rights of workers who have been described in the complaint.
During the audit, the Labor Commission inspectors are the corresponding act. The document records the fact of the presence or absence of a violation of labor legislation, the circumstances of the commission of unlawful actions are described in detail.

If the fact of violation of the legitimate interests of the personnel is confirmed, the employer receives an order to eliminate the identified disorders. The applicant, on whose complaint was conducted, received a written motivated response.
Officials of the Commission for the Protection of Labor Laws, which make up the response to the Citizen's appeal, indicate in the document:

• list of violations identified
• inspector response measures taken to restore employee rights
• information about the initiation of administrative case on the fact of violation of legal rights
• clarifications regarding the procedure for further action

Instruction

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

The employer should be aware that not only an employee who consists in labor relations has the right to contact the labor inspection, but also any other person, in case of illicit refusal in employment.

It is necessary to attach all that will confirm the fact of the violation by the employer. These can be copies of orders, acts, internal labor regulations and so on. If it is impossible to submit copies of documents, the applicant must indicate this in its complaint.

Since the anonymous appeals, the labor inspection does not, the employee must specify all its data in the complaint (FULL NAME, address, telephone). But, if after all, 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 preserve the applicant's name in secret. This should also be indicated in the complaint.

According to Article 386 of the Labor Code of the Russian Federation, the term during which the employee may apply to the labor inspection is 3 months from the date of violation of its rights.

In the event of the identification of obvious labor laws by inspectors, the employer will be provided, which it will be obliged to fulfill, for example, to restore the employee in his previous position.

Employer, having received the mandatory prescription of the labor inspection, can either and fulfill it within the specified time frame, or refuse and appeal it in court within 10 days from the date of receipt.

Labor inspection On the basis of the employee's complaint has the right to conduct an unscheduled verification in the organization.

Sources:

• how to turn to the employer

Almost everyone knows that the worker is less protected than the employer. Which of us did not hear from the bosses that irreplaceable we do not? An employer, often, is really easier to find a new employee than an employee - a new job with a good salary and a team. And even if the rights of employees are frankly violated, the employers are not received by decent exposure. Requests and requirements of employees are ignored, protect the rights in court expensive. It remains to write a statement to the employment inspection.

You will need

• Labor Code
• Confirming violation of the rights of documents

Instruction

In what cases should be addressed to the employment inspection? If it seems to you that the employer violated your rights, Polystay or consult a lawyer (consultations, as a rule, are free). It often happens that the employer is already at work, for example, does not conclude an employment contract, or makes an urgent contract with an open date. Or concluding an agreement on the work in one position, you are surprised to discover that you have to do the work "for yourself and for that." It also happens that the money put on you under the contract, the employer is not solved at all, for example,. Or workplace and working conditions are not just far from ideal, but very far. Another common violation is unpaid overtime work. Or work without holidays over the time set by the law. And, of course, unfair dismissal, for example,. This list of violation of labor legislation by employers is not exhausted, and if your rights infringe upon the application to the labor inspection, in order to protect them.

Labor inspections are almost every city in order to control compliance with labor legislation. You need to know in any available directory address and your phone. Having arrived or calling there, you can get the inspector's contact details that oversees your organization.

Now you need to formulate a complaint about the work inspection. It should be reflected the essence of your claim and proposals to eliminate violations. The complaint needs to attach documents confirming that the employer your rights really disrupts. However, if you do not have such documents, for example, due to the fact that the employer simply did not provide, do not worry. Violations will be detected during the inspection.

The application to the employment inspection must be discussed properly. In the upper right corner, write the name of the institution (Labor Inspection), the position, the name and initials of the addressee, just below - your last name and full name, as well as the address and contact phone number. The text should be written the name and address of the organization who violated your rights, as well as contact phones, names and surnames of the Director-General, and the Chief Accountant, and also, after the return, state the essence of the complaints and the list of the attached documents. At the bottom of the page should be left signature and decoding.