How to make a complaint to the labor inspectorate. Advantages and features of filing a collective complaint. What to do if you disagree with a decision

How to apply and apply labor inspection online? What does the inspection check? labor disputes? How is the employer checked by the labor inspectorate?

Cases of violation of the labor rights of workers are widespread. Most people perceive injustice from superiors as an inevitable nuisance and do nothing, fearing retribution in the form of sanctions or dismissal.

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

Welcome to Valery Chemakin - consultant on legal matters, and in this article we will talk about such useful service like a labor inspectorate. You will find out how effective its protection is.

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

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

Labor legislation includes many norms and rules that govern the relationship between employees and employers.

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

To resolve them, a labor inspectorate has been created in Russia, appealing to which makes it possible for workers to defend their rights out of court. All employers are required to comply with the decision of this body or appeal it to the courts. The inspectorate is subordinated to the Ministry of Labor and social protection population.

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

Activities of the labor inspectorate:

• conducts inspections of employers (scheduled and unscheduled) to identify and suppress the facts of violation of labor legislation;
• controls the course of inspections for accidents at work;
• checks the legality in the payment of social benefits;
• supervises the activities of guardianship authorities in terms of work with incompetent citizens;
• allows in public institutions;
• conducts information and educational work;
• conducts an examination harmful conditions production;
• assesses the state of affairs with labor protection at enterprises.

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

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

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

Since the labor inspectorate is a state regulatory body, an unscheduled inspection is also appointed to control the execution of the order after the deadline for eliminating violations has expired. What are the grounds for conducting an unscheduled inspection by the labor inspectorate?

Situation 1. Delay or non-payment of wages

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

Situation 2. Incorrect calculation of compensation upon dismissal

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

Case 3: Non-payment of benefits

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

Example

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

The son went to study and applied for social scholarship, but he was refused, citing the fact that he and his father have sufficient income, and also have their own apartment.

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

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

Situation 4. Refusal to exercise the right to leave

According to the Labor Code and the Constitution, all employees have the right to rest. The employee has the right to use it already 6 months after employment. Some employers, under the guise of business necessity, do not let their employees go on vacation.

As a result, a year and a half, and sometimes even two, pass. This should not be - be sure to contact the labor inspectorate. And how to do this, read the next section.

3. How can I file a complaint with the labor inspectorate - 3 proven ways

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

Rules for filing a complaint to the labor inspectorate:

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

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

Method 1. Personally contact the labor inspectorate

If there is an active labor inspectorate in your city or town, go there in person and state your problem directly to the inspector. Perhaps he will solve your problem without any statement or explain that you are mistaken and the employer is right.

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

What documents are needed to apply to the labor inspectorate:

• passport;
• labor contract;
• orders or directives of the manager relevant to the case;
• other documents confirming the illegality of the actions of the administration.

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

Method 2. Send an application by mail

How to write a letter to the labor inspectorate so that it really reaches the addressee and is considered? There is nothing easier. Introduce yourself. Specify the name and details of the organization to which you have a claim. Succinctly and convincingly state their essence. Attach to the letter copies of documents confirming your words according to the inventory.

Then send a registered letter with notification. You will receive a tear-off voucher confirming that your appeal has been received at the address. Don't forget to include your return address, phone number and email. This will help you resolve your issue faster.

Method 3. Through the Internet

Most convenient way- This is an online application to the labor inspectorate. The Rostrud website has a special form for this. It is very convenient and does not require special knowledge. See the next section for information on how to use this method.

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

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

2) Lexlife

This company specializes in resolving all types of disputes in court and out of court, including the settlement of labor disputes. Most importantly, do not miss the statutory deadline for contacting the labor inspectorate, especially after dismissal. To do this, immediately use the services of Lexlife.

Company Services:

3) Yuskon

The main activity of the company is accounting support. However, the decision personnel issues enterprises are also included in the sphere of interests of the firm. If you are an employee, then experts will advise and protect your rights, both in the labor inspectorate and in court. If you are an employer, by entering into an agreement with them, you will protect yourself from unnecessary claims related to violation of labor laws.

Now I propose to watch the thematic video.

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

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

Protection of the rights of workers in case of their violation by the employer is the task of the state. Complaints can be filed in several ways: State Inspectorate labour, prosecutor's office or court. Consider where to complain about the employer and how to do it as efficiently as possible.

The rights and obligations of all participants in labor relations are fixed in Art. 21 and 22 of the Labor Code of the Russian Federation. For the employee for their violation, disciplinary liability is provided, the right to apply which is vested in the employer. In case of violations by the employer, only the state can bring him to administrative or criminal liability.

The grounds for applying to state authorities are the following actions of the employer:

• entrusting the employee with duties not provided for by the employment contract and job description without his consent expressed in writing;
• excess of the amount of work assigned to the conditions employment contract;
• salary delay, its inconsistency with the amount in the contract;
• creation of working conditions that do not meet safety requirements;
• the establishment of the duration of work in excess of the permissible, the absence of conditions for an irregular working day or accounting for overtime work and additional pay for it;
• failure to provide vacation or days off;
• lack of social insurance and due payments, “gray” salaries;
• illegal transfer, reprimand, dismissal;
• other violations of the rules Labor Code.

All of the above cases refer to pre-existing employment relationships. However, there are situations when a complaint against an employing company is also entitled to be filed by someone who is not in business with it. labor relations citizen. If an application for employment was received an unlawful refusal not based on the applicant’s business qualities or non-compliance qualification requirements, that is, a reason to complain about manifestations of discrimination expressly prohibited by law.

Where to complain about violation of your rights

The employee has several addresses where to complain about the employer if his rights are violated. To do this, a primary trade union organization and a commission on labor disputes are created directly in the company itself. The trade union committee is engaged in protecting the interests of all employees, and the CCC considers individual appeals from employees challenging certain actions of the employer.

However, these bodies may not exist in a particular organization, or contacting them does not bring the desired result. In addition, dismissed employees, for quite an objective reason, do not have the opportunity to apply to the trade union committee or the KTS. In this case, employees have a choice where they can complain about the employer:

• Labor inspection at Rostrud;
• law enforcement agencies represented by the prosecutor's office;

Filing a complaint with them has one common feature This cannot be done anonymously. Appeals that do not have information about the applicant are not considered by state authorities and no action is taken on the facts described in them. Therefore, the employee must be prepared for the fact that he will have to act against the employer under his own name.

Contacting the Labor Inspectorate

The State Labor Inspectorate (GIT) was created specifically to monitor compliance with labor laws by employer companies. A complaint to the labor inspectorate against the employer can be filed both by one of the employees who is dissatisfied with the actions in relation to him personally, and by the labor collective. The order of action does not change.

The appeal is drawn up in writing and handed over in person or by mail to the regional branch of the GIT. A sample document can be downloaded on the official portal of the labor inspectorate. It is impossible to file a complaint anonymously, but at the request of the complainant, his data will not be disclosed to the employer. This is one way to protect workers.

Based on the facts stated in the complaint, an extraordinary inspection will be carried out by the GIT inspector. If during its course any violations of the Labor Code or other regulatory documents are revealed, the organization will be fined, and the manager will be given an order to eliminate the shortcomings within a certain period. Then another check will follow. A written response will be received about the actions taken within a month from the date of submission of the complaint.

Appeal to the prosecutor's office

A complaint against an employer to the prosecutor's office is similar to an appeal to the GIT. This body considers the violation of any rights, including labor. The anonymity of the applicant in the interests of his protection from misconduct the employer is also guaranteed. Based on the facts stated in the application, a check is made, the violator is brought to criminal or administrative responsibility.

Going to court

You should go to court not with a complaint, but with a statement of claim. Mandatory requirement first, there is no pre-trial settlement of the dispute with the employer, the employee has the right to immediately use this particular instance to protect the rights. But, as a rule, judicial protection is resorted to in the most extreme cases, for example, in case of illegal dismissal.

The advantage of going to court is that not all possible violations of labor laws are checked in general, but specific situation directly related to the worker. The result of a positive decision will be not only the punishment of the employer, but also his actions in favor of the employee: reinstatement, payment of compensation for forced absence from work, compensation for moral damage. The disadvantage of this method is the long period of consideration of the case and the need to pay the state fee.

How to file a complaint

Regardless of where you plan to file a complaint against the employer, you must correctly draw up a complaint or statement of claim. In addition to the applicant's data, these documents must state in detail what, in the applicant's opinion, the violation of his rights by the employer expressed, which articles of the Labor Code were violated. The stated facts must be confirmed, the documents are listed in the complaint, and their copies are attached to it as evidence.

An appeal or statement can be drawn up independently, using samples on the official websites of state bodies or in legal reference systems. When in doubt about the level of one's own knowledge, it is advisable to use the help professional lawyers, specialists in the field of labor law.

Hello. In this article, we will tell you how to properly file a complaint with the labor inspectorate.

Today you will learn:

1. Where to complain if working conditions are violated;
2. How is a complaint made and filed?
3. What are the deadlines for consideration set by the state;
4. What to do if your request goes unanswered.

Complaint to the labor inspectorate

Often at work, disagreements can arise both on the part of the manager and the subordinate. When it is not possible to resolve the dispute on their own, the employee files a complaint with the appropriate authority. The State Inspectorate for Labor Protection is the place where applications from employees are accepted.

Labour Inspectorate - This government agency, whose main task is to exercise strict control over the observance of labor protection in all enterprises.

Every employee, regardless of position, can ask for help when:

• Agreed with the terms of the contract, signed everything, but did not receive the corresponding job;
• The workplace is not intended for work and provided in violation of working conditions;
• Not received wages in the agreed amount;
• The boss forbids work time take breaks for legal rest and lunch.

Do not wait for the employer to come to their senses and fix everything. Everyone should be able to defend their rights.

The activities of the labor inspectorate are as follows:

Scheduled checks

If you were not paid full compensation on the last business day;

It is also worth noting that you can prepare a collective complaint. In the second case, it is necessary to list all employees and give everyone the opportunity to sign and decrypt.

1. Preparation of related documentation.

In order for the labor inspectorate to understand that your appeal is not empty words, you will need to prove your case.

As related documentation, you will need:

• Application with a mark on the refusal to leave. This option is useful if the employee was denied annual paid leave or forced to spend it at his own expense;
• Statement from the bank. If you have made a complaint about non-payment of wages, then an extract is great way confirmation that wages were paid later, or not in in full. You will also need a copy of the employment contract, which spells out all the obligations of the employer related to remuneration;
• Labor contract. This option is useful if mistakes were made during the acceptance or dismissal.

1. Sending a package of documents.

Let's see how to file a complaint:

Personally.

You can take the full package of documents in person and give it to the inspector or secretary, to the reception. The only thing worth remembering is that you should have copies of documents on which the accepted party puts the incoming number, his last name and date. If your documents are lost, then you can easily prove your appeal.

By mail.

Documents can be sent by registered mail. In this case, you will need to prepare an inventory.

On the website of the labor inspectorate.

Filling out a complaint in real time is an option that is very popular. No more going anywhere and wasting time. On the site you need to register and leave an application in a special form. All Required documents You can take a high-quality photo and attach to the appeal.

Consideration.

The timing of consideration will largely depend on the degree of violation. According to general rules, the answer must be sent as soon as possible, but no later than 15 calendar days.

If it is necessary to conduct an audit, the period can be extended up to 30 days. If you have been fired, then be sure that the appeal will be considered as quickly as possible, within 5-10 business days.

Inspection notice.

The labor inspector must send you a notice if they think an inspection at the facility is required.

Notice may be sent to:

• By sending an SMS message;
• To the registration address by registered mail;
• On the email address with notice.

How to complain anonymously

Many employees do not want to give their details and want to leave an anonymous complaint. But are anonymous submissions accepted? Of course, you can send an appeal, but according to the law, the labor inspectorate may not consider it.

If you want the employer not to know who made the appeal, you can demand complete confidentiality. In practice, everything is done very simply. You prepare all the necessary documents and at the end simply indicate one phrase: “During the verification, I demand non-disclosure of information about the applicant.”

It turns out that you can file an anonymous complaint, only it will be ignored, and you will lose precious time.

Write a complaint online

Since this option is very popular, consider how to write a complaint via the Internet.

When choosing this option, you must be registered on the State Services website.

Contact procedure:

1. Go to the official website of the labor inspectorate;
2. Find information for the employee, in which there will be a section "write an appeal";
3. Select the category of appeal and correctly fill in all the required fields of the application.

In your email complaint, be prepared to provide:

• Completely personal data: full name, phone number, passport details and registration;
• Information about the employer company: full name and details, work phone number, legal address, full name of the director;
• The essence of the appeal: consultation, filing a complaint, scheduled or unscheduled inspection.

In the window that opens, it remains to answer all the questions and send the prepared package of documents. An online complaint is not only quick, but also simple.

Deadline for filing and considering a complaint with the labor inspectorate

If you are faced with a violation of labor, then it is important to consider the time frame within which you can make an appeal. According to the law, you have only 3 months from the moment the violation occurred at work.

If we consider issues related to hiring or dismissal, then the complaint period is much shorter and is only 1 month, from the moment the employment contract is terminated and all documents are received.

30 calendar days are given for consideration of the complaint, from the moment of submission of all necessary documentation. Of course, the time for consideration can be increased, only if there is good reason. The most common reason is due to the need additional material for check.

The response to the applicant will be sent by e-mail or by regular mail.

What does the labor inspectorate check on a complaint

Upon receipt of a complaint, the labor inspectorate is required to conduct an investigation.

The procedure depends on the circumstances of the case and can be carried out in any way convenient for the inspector:

1. Field check. In this case, a labor service employee comes to the enterprise, without an invitation, and conducts an inspection. Employers do not like this method, but they cannot refuse. The inspector is allowed to:

• Inspect workplaces and determine working conditions;
• Communicate with employees and ask all necessary questions;
• Request the necessary documentation.

If during the inspection violations are revealed, the inspector has every right to:

• Issue a fine, the amount is set for each case on an individual basis;
• Draw up an order for correction, in which the exact terms for correction and the identified violations are indicated.

If serious violations are found during the inspection, the case is referred to the court.

1. Documentation request. This verification option is “more gentle”, since the inspector requests all the necessary documents and studies them in detail. All necessary documentation sent by courier with an inventory, or handed over personally under the signature of an authorized employee.

What to do if you disagree with the audit or the complaint remains unanswered

What to do if you receive a response about the results of the labor inspection with which you disagree? Do not despair, because according to the law you have 10 days to appeal the answer.

All you need is to send a repeated complaint, with all the necessary documents.

It is also worth considering that an employee can file a complaint with several instances at once, and the decision made by the judicial authority will have priority.

If your request remains unanswered, you can:

1. File a complaint again.

Sometimes a response is not received due to a software failure if the application was submitted via the Internet, or due to a human factor. In this case, you can write a second appeal, and make sure that it has reached the addressee.

1. Seek help from lawyers.

As noted, employees of the labor service may ignore the appeal if it is prepared with violations. Qualified lawyers will help to draw up a complaint correctly, or point out mistakes made.

1. Submit an application to higher authorities.

If lawyers helped you prepare the documents, and copies of the acceptance documents remained on hand, then you can safely contact higher authorities: the procurator or the court. For competent preparation of the appeal, the help of qualified employees will also be required.

Organizations that can help with filing a complaint

Unfortunately, not everyone can competently protect their rights. Many do not know how to file a complaint. In this he can be helped by special organizations in which qualified lawyers work.

contact law firm you can personally, offices in most cases are within walking distance, or choose an organization on the Internet. In the second case, all issues will be resolved remotely.

When choosing an organization, consider:

• Prices for services;
• Company rating;
• Date of commencement of activity (to entrust the case better for a professional, which has proven its reliability and qualifications over the years);

There are situations when there is an urgent need to complain to the State Labor Inspectorate about any actions (or inaction) of the employer. At the same time, it is important for the applicant that his personal data does not appear in the complaint. It is possible to do this. Let's consider how to contact the labor inspectorate anonymously, how to make a complaint and how to convey it to the addressee.

Anonymous appeal

A written appeal to the labor inspectorate does not have a specific standard. It is only important that it be written concisely, without emotions. It is necessary that the facts described in the application correspond to the actual state of affairs. If there are documents that directly or indirectly indicate a violation by the employer of labor legislation, copies of these documents should be attached to the complaint.

If the applicant wishes that his personal data did not appear in the complaint, he must indicate this in the application. The request looks something like this: “Please do not disclose information about me as an applicant.” It should be noted that you still need to indicate your personal data, without this the complaint will not be considered. Thus, this statement will be anonymous only for the employer against whom the complaint is made.

Some facts

Options for penalties, including fines and criminal liability, can be applied to the main persons of the organization, as well as to those directly responsible. For example, if an employee says that he works in conditions that do not meet safety standards, then not only the boss, but also the labor protection specialist can be guilty in this case.

An anonymous complaint to the labor inspectorate is real opportunity report violations by the employer and at the same time not be afraid of a negative reaction and retaliation.

The labor supervision inspector has the right not to disclose the source of information. Only this fact distinguishes the official filing of a complaint from the anonymous one. In fact, in the full sense of the word, such a statement cannot be called anonymous. This is just one of the forms of a formal complaint, only without permission to refer to the complainant.

Responsibility of the inspector for non-disclosure of the identity of the applicant

Article 6, part 2 of the Federal Law No. 59-FZ states: "... when considering an appeal, it is not allowed to disclose the information contained in the appeal, as well as information relating to the private life of a citizen, without his consent." Thus, it is not legally permitted to disclose the applicant's personal data.

In practice, the employee of the labor inspectorate is not responsible for the disclosure of information about the citizen who filed the complaint. Therefore, there is no 100% certainty that, as a result of the verification, the applicant's personal data will not become the property of the employer or other persons.

It is not at all necessary that information leakage will occur at the will of the inspector. As a rule, the verification of the submitted complaint concerns, among other things, the consideration of certain documents. The law prohibits requiring an employer to submit documents for audit that are not related to the complaint under investigation. Therefore, the inspector is simply forced to request for verification the documents of the employee who wrote the complaint (if this complaint is related to a violation of his rights).

The situations with anonymous statements of citizens are far from being unambiguous. The outcome of each complaint is purely individual: in some cases, the inspector manages to maintain the citizen's confidentiality, in some cases he does not.

About the procedure for contacting the State Labor Inspectorate and handling complaints, see the video

Grounds for Complaint

Both the working employee and the applicant for a vacant position can appeal against the actions of the employer. The list of reasons for the complaint is not exhaustive, a citizen can report to the inspection about any situation that violates his labor rights.

The most common grounds for employee complaints are:

• Non-payment or late payment of salaries and other obligatory payments;
• Failure to provide labor or social leave;
• Illegal dismissal;
• Various violations of working conditions: illegal translation, salary reduction, etc.;
• Wrongful attraction to disciplinary responsibility;
• Concealment of an accident at work;
• Delay in the work book or calculation upon dismissal;
• Questions related to work at night, weekends and holidays.

The reason for the complaint of a candidate for a position is most often a refusal to find a job.

Whatever the reason for hiding your data, you must indicate it in the application - otherwise it will not be accepted and considered, since the labor inspectorate does not consider anonymous applications.

If an already dismissed employee is afraid of the former employer - in case of illegal actions against him, he will have every right to contact the police, who will take necessary measures. In addition, in the complaint itself, you can make a request not to disclose data to the other party.

Sequence of steps

A complaint to the labor inspectorate against an employer step by step looks like this:

1. find out the coordinates of the territorial subdivision of the GIT, full name and the exact title of the position of the head;
2. correctly compose a written appeal;
3. attach to the application documents confirming the facts stated in it;
4. take the papers to the inspection or send by registered mail with a description of the attachment and a return receipt.

Attached to the application is required:

• a copy of the employee's passport;
• a copy of the employment contract;
• a copy of the order on employment (dismissal);
• copies of any documents confirming the violation of labor rights, at the discretion of the applicant.

If it is impossible to attach all the necessary papers due to the absence of the applicant, the GIT must still accept the application for consideration and schedule an inspection. The inspector will require all documents from the employer.

Please note: when applying in person to the inspection, you must require that the application be registered. It is worth asking the clerk to sign a copy of the application, but he has the right to refuse. So in case of inaction of the GIT, the mail notification of the receipt of the letter of complaint is more reliable evidence that the application was filed.

Ways to submit a complaint

Consider how to deliver an anonymous letter to the labor inspectorate. Most effective method convey information - send a complaint by mail, more precisely by registered mail with acknowledgment of receipt. This sending option assumes that upon receipt of correspondence, the addressee (in our case, the labor supervision inspector) will sign in the postal register about receiving the letter. After that, a notification will be sent to the sender that the addressee has received the letter in his hands.

You can personally deliver a written complaint to the office of the labor inspectorate. In this case, you need to pay attention to the fact that the application was accepted by an employee authorized for these actions, and the fact of receipt was recorded in a special register.

The next way to bring information to the attention of the labor inspectorate is to apply online via the Internet. To do this is quite simple. You need to go to the website of the State Labor Inspectorate of your region or to the Internet portal "Onlineinspektsiya.rf".

These sites have special shapes for feedback and filing applications. It is necessary to step by step perform the actions proposed by the electronic service, including describing the essence of the complaint. At the same time, in the text of the application, if you wish not to disclose personal data, you must inform the inspector about this fact or tick the box on filing an anonymous application.

How to file a complaint

In order for a complaint to be fully considered, it must contain:

• Full name of the territorial labor inspectorate and full name of its head (this information can be viewed on the official website of the inspectorate);
• Information about the applicant: full name, address;
• Title (“Complaint” or “Statement”);
• The essence of the appeal. Description of the situation in which, according to the applicant, the employer violated his rights. What, where, when it happened, what norms the employer violated (this item is not mandatory, the citizen should not know the content of all articles of the law), what harm was caused, which is confirmed. Here you should also indicate the full name of the organization where the violation of rights occurred, the legal address and, if possible, its TIN.

Conditions for writing a complaint to the labor inspectorate online

In order for a complaint to be considered properly, the following conditions must be met:

• Indicate in the application the correct data of the applicant. Anonymous appeals will not be considered.
• The essence of the appeal is the most concise and objective text, without unnecessary emotions and experiences. The writing style is business.
• The facts stated in the complaint must be reliable and verified.
• The text of the letter should not contain obscene language, insults and slander.
• If possible, attach to the complaint scanned documents confirming violations of the rights of workers.

Watch the video about the complaint to the labor inspectorate

Contacting the labor inspectorate from the official website

You can file a complaint with the labor inspectorate on the official website of online inspection.rf.

Since January 1, 2017, when applying to the labor inspectorate online, there have been major changes. In order for the inspection to conduct an unscheduled check on an electronic request, the applicant must be authorized through account in unified system State services (www.gosuslugi.ru). Such innovations appeared in Part 3 of Art. 10 of the Law "On the protection of the rights of legal entities and individual entrepreneurs... "(No. 294-FZ of December 26, 2008).

Additional Information

The main documents that must be attached to the application: 1) Employment contract. 2) Appointment order. 3) A copy of the work book (if the applicant has it). 4) A copy of his passport. As additional documents, you can choose any documents that the applicant deems necessary when considering his application (memos, e-mail correspondence, etc.)

Therefore, the action algorithm for online complaints Inspection now looks like this.

1. Registration on the website of the State Service. You must fill out the form, indicating your full name, email address and mobile phone number.
2. Login to the Labor Inspectorate website via Personal Area public service website.
3. Select the "Report a problem" tab on the page. If you select such a tab before authorization, the system itself will offer to go to the State Services website and register there.
4. Select the category of the problem from the options provided (for example, “wages” when payments from the employer are delayed).
5. Choose one of three options, which the applicant would like to see as the result of consideration of his application: conducting an unscheduled inspection, bringing the employer to administrative responsibility or consulting an inspection specialist.
6. Fill in all fields of the application form.
7. Click on the "Submit Request" button.

Confirmation will be sent to the email address provided by the applicant. From this moment begins the 30-day period for consideration of the complaint by the Inspectorate.

Terms of consideration and response

The legislation provides that no more than 1 calendar month should elapse from the moment a complaint is received to its detailed consideration. If the complaint concerns illegal dismissal, then the period for consideration of the application is limited to 10 days.

After checking the application, Mr. the inspection should conduct an unscheduled inspection in the organization against which the complaint was received. Then a decision is made with an order to the management of this company to correct the violations committed by a certain date.

Actions of the labor inspectorate after receiving a complaint

Within 30 days after receiving the complaint, the inspector examines the arguments indicated in it and conducts an inspection. If, during the inspection of a specialist, violations of labor laws are confirmed, at the end of it, the following scenarios are possible:

• Issuance of an order to eliminate violations;
• Bringing the employer to administrative or criminal liability;
• Temporary suspension of the enterprise;
• Suspension of individual employees.

If the arguments of the online complaint against the employer to the labor inspectorate are not confirmed, the applicant is sent an appropriate response.
Leaving a complaint without consideration or without a response is possible, as a rule, in the absence of personal data in the application: full name, address.

The table lists the options for labor inspection inspections.

To get a lawyer's comment - ask questions below

The applicant was hired on the basis of an employment contract. During the work, he conscientiously carried out his official duties He completed the tasks assigned to him by the management in a timely manner. The employer groundlessly suspended the applicant from work, arguing that the applicant was in a state of intoxication. At the same time, the employer constantly obstructs the applicant in the implementation of labor activity. By their actions, the employer forces the applicant to quit. The applicant disagrees with the actions of the employer and considers them illegal and unreasonable. The applicant asks to consider the complaint on the merits of the problem. Conduct an audit of the organization.

To the State Labor Inspectorate in __________
________________________________________

gr. ____________________________ living in
address: ______________________________________________

I, ___________________, "___" _____________ ________, was hired by LLC "_______________" on the basis of an employment contract No. ______.
My position is _____________________ salary ____________ rubles.
During my work, I conscientiously fulfilled my official duties, timely solved the tasks assigned to me by the management.
I duly performed the work assigned by the employer, for which I regularly received wages in the amount established by the employment contract.
"___" ________________ In 2011, the employer groundlessly suspended me from work, citing the fact that I was in a state of intoxication. I objected and demanded a medical examination to determine the state of intoxication, the employer refused. At the same time, the employer constantly obstructs me in the implementation of labor activity. By their actions, the employer is forcing me to quit, I have no desire to terminate the employment relationship. However, the employer threatens to fire him for violating labor discipline(although there were no grounds for this, there were no comments from the employer for the entire period of work).
I do not agree with the actions of the employer, I consider them illegal and unreasonable for the reasons indicated below.

In accordance with Article 2 of the Labor Code Russian Federation, one of the basic principles legal regulation employment relationship is the obligation of the parties to the employment contract to comply with the terms of the concluded contract, including the right of the employer to require employees to fulfill their labor duties and respect for the property of the employer and the right of employees to require the employer to comply with his obligations in relation to employees, labor legislation and other acts containing norms labor law.

In accordance with article 3 of the Labor Code of the Russian Federation, discrimination in the sphere of work is prohibited.
In accordance with Art. 21 of the Labor Code of the Russian Federation, the employee has the right to conclude, amend and terminate an employment contract in the manner and on the conditions established by the Labor Code of the Russian Federation, other federal laws.
In accordance with Art. 22 of the Labor Code of the Russian Federation, the employer has the right to conclude, amend and terminate employment contracts with employees in the manner and on the terms established by the Labor Code of the Russian Federation, other federal laws; the employer is obliged to comply with labor legislation and other regulatory legal acts containing labor law norms, local regulations, conditions collective agreement, agreements and employment contracts.

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

From paragraph 22 of the Decree of the Plenum of the Supreme Court of the Russian Federation of March 17, 2004 N 2 (as amended of September 28, 2010) "On the application by the courts of the Russian Federation of the Labor Code of the Russian Federation" termination of the employment contract at the initiative of the employee is permissible in the case when the filing of a letter of resignation was voluntary his will.

In this situation, I don't want to stop labor activity in _________________. My employer is forcing me to quit, which is against the law.

Based on Art. 11 of the Labor Code of the Russian Federation, all employers (individuals and legal entities, regardless of their organizational and legal forms and forms of ownership) in labor relations and other relations directly related to them with employees must be guided by the provisions of labor legislation and other acts containing labor law norms.

According to Art. 3 of the Labor Code of the Russian Federation, everyone has equal opportunities to exercise their labor rights. Nobody can be limited in labor rights and freedoms.

By the actions of the employer, moral damage was caused to me. My moral suffering is expressed in the fact that I experienced nervous stress, resentment due to the unfair actions of the employer towards me, as well as anxiety and fear for my future, and was also forced to spend my time and money on defending my legal rights.
My moral suffering is aggravated by the disrespectful attitude of the management of this organization towards its employees, who conscientiously perform their official duties.

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

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

In accordance with Part 1 of Article 353 of the Labor Code of the Russian Federation, state supervision and control over compliance with labor legislation and other regulatory legal acts containing labor law norms by all employers in the territory of the Russian Federation is carried out by the federal labor inspectorate.
In accordance with Art. 357 of the Labor Code of the Russian Federation, state labor inspectors, when exercising state supervision and control over compliance with labor legislation and other regulatory legal acts containing labor law norms, have the right to:
in the manner prescribed by federal laws and other regulatory legal acts of the Russian Federation, freely at any time of the day, in the presence of certificates of the established form, visit organizations of all organizational and legal forms and forms of ownership, employers - individuals;
request from employers and their representatives, executive authorities and local governments and receive from them free of charge documents, explanations, information necessary to perform supervisory and control functions;
withdraw for analysis samples of used or processed materials and substances in the manner prescribed by federal laws and other regulatory legal acts of the Russian Federation, with notification of the employer or his representative and draw up an appropriate act;
investigate accidents at work in the prescribed manner;
present employers and their representatives with binding orders to eliminate violations of labor legislation and other regulatory legal acts containing labor law norms, to restore the violated rights of employees, to bring those responsible for these violations to disciplinary liability or to remove them from office in the prescribed manner;
submit to the courts, in the presence of conclusions of the state examination of working conditions, demands for the liquidation of organizations or the termination of their activities structural divisions due to violation of labor protection requirements;
issue orders to remove from work persons who have not undergone training in the prescribed manner safe methods and methods of performing work, briefing on labor protection, internships at workplaces and testing knowledge of labor protection requirements;
prohibit the use of non-certified or non-compliant government regulatory requirements labor protection (including the requirements of technical regulations) means of individual and collective defense workers;
draw up protocols and consider cases of administrative offenses within the limits of authority, prepare and send to law enforcement agencies and the court other materials (documents) on bringing the perpetrators to justice in accordance with federal laws and other regulatory legal acts of the Russian Federation;
act as experts in court on claims for violation of labor legislation and other regulatory legal acts containing labor law norms, for compensation for harm caused to the health of workers at work.

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

Based on the foregoing, in accordance with the norms of the Labor Code of the Russian Federation,

1. Consider my complaint on the merits of the problem.
2. Conduct an audit of the activities of _________________ LLC (address: ______________________________________________) based on the circumstances I have stated for violation of my labor rights, take measures to protect and restore my violated rights.
3. Report the results of consideration of this complaint to the above address.

"____" _____________ 2011 __________/_____________/