Submit an application to the labor inspectorate for the employer. Is it possible to appeal the decision of the labor inspectorate? When to contact the labor inspectorate - an overview of the main situations

Last updated March 2019

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

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

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

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

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

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

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

How to make a complaint

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

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

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

Sample Complaint

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

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

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

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

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

In connection with the above

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

Filing a claim

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

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

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

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

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

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

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

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

Anonymity

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

Collective Complaint

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

Verification of the fact of the complaint

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

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

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

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

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

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

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

Question answer

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

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

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

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

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

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

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

Instruction

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

The employer must know that not only the employee who is with him in labor relations, has the right to apply to the labor inspectorate, but also to any other person, in the event of, for example, illegal refusal of employment.

It is necessary to attach everything that confirms the fact of violation by the employer. These can be copies of orders, acts, internal labor regulations, etc. If it is impossible to provide copies of the documents, the applicant must indicate this in his complaint.

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

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

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

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

The Labor Inspectorate, on the basis of an employee's complaint, has the right to conduct an unscheduled inspection in the organization.

Sources:

• how to contact an employer

Almost everyone knows that an employee is less protected than an employer. Who among us has not heard from the chiefs that we do not have irreplaceable ones? It is often really easier for an employer to find a new employee than for an employee - new job good pay and good team. And even if the rights of workers are openly violated, employers do not receive a worthy rebuff. Requests and demands of employees are ignored, it is expensive to defend rights in court. It remains to write a statement to the labor inspectorate.

You will need

• Labor Code
• Documents confirming the violation of rights

Instruction

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

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

Now you need to formulate a complaint to the labor inspectorate. It should reflect the essence of your claim and proposals to eliminate the violation. Documents must be attached to the complaint, confirming that the employer really violates your rights. However, if you do not have such documents, for example, because the employer simply did not provide them, do not worry. Violations will be identified during the audit.

The application to the labor inspectorate must be properly executed. In the upper right corner, write the name of the institution (labor inspectorate), position, surname and initials of the addressee, a little lower - your surname and full name as well as address and contact phone number. The text should include the name and address of the organization that violated your rights, as well as contact numbers, names and surnames CEO, and the chief accountant, and also, after an indent, state the essence of the complaint and the list of attached documents. Signature and transcript should be left at the bottom of the page.

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 guilty. 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 publishing 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 situation with anonymous statements of citizens is 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.;
• Unlawful disciplinary action;
• Concealment of an accident at work;
• Delay 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, which 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 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, you can choose any documents that the applicant deems necessary when considering his application (memos, e-mail correspondence, etc.)

Therefore, the algorithm of action for an online complaint to the 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 considering 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

You can write a complaint to the labor inspectorate in several ways, including online. The main thing is to clearly argue your position and correctly state the essence of the claims against the employer.

Very often, when disagreements arise between the employer and the employee, the latter has no choice but to complain to the appropriate authorities. Most often, workers go to complain to the labor inspectorate.

What is GIT

The State Labor Inspectorate is a state body responsible for overseeing the observance of labor legislation and labor protection at all enterprises in the country.

The Labor Inspectorate has the following powers:

1. conducts scheduled inspections of employers for compliance with the law and, in case of violations, issues an order to eliminate them and imposes penalties on the guilty persons or on the enterprise as a whole;
2. conducts unscheduled inspections based on complaints received from employees. At the same time, inspections are not limited to the area of ​​labor legislation to which the complaint relates. That is, having come in response to a complaint about delayed wages, inspectors can check the maintenance of other documents;
3. participation in commissions for the investigation of accidents with a fatal outcome, or that entailed serious consequences for a group of people. Based on the results of the investigation, issues a decision on the nature of the accident and the degree of guilt of its participants and the employer;
4. consideration of complaints and disputes on labor issues between the employee and the employer. In this case, not all disputes that arise are within the competence of this body. The most frequent questions are about unlawful imposition of a penalty, illegal dismissal and non-payment of all due amounts, as well as delays in wages. At the same time, questions about the amount of payments should already be dealt with by the judicial authority, although the employee can also address this issue to the GIT.
5. advising both employees and employers on issues of labor legislation and labor protection, clarification of current legislative acts. Moreover, the appeal of the representative of the employer for help does not entail verification, even if during the consultation it turned out that errors and inconsistencies were made.

When to ask for help from GIT

​As a rule, if serious disagreements arise between the employee and the employer, they lead either to punishment or to the dismissal of the employee, which is not always legal and justified.

But since the employee is not able to solve such issues on his own, he has no choice but to resort to help. government agencies protecting the interests of workers.

In what cases should I write a complaint to the labor inspectorate?

The employee has the right to contact the GIT in any case when his rights are violated, or he thinks so.

But at the same time, he must understand that in the current realities, applying to the labor inspectorate means a conflict with the employer, and most likely he will have to quit. Although it should be said that this is still more applicable to private companies, in government organizations the worker is more protected.

The most frequent cases when an employee goes to state inspection by work:

• violation by the employer of the Regulations on wages and collective agreement;
• wrongful imposition disciplinary action. Here it is possible that the punishment was legal, but a mistake was made in the design and the employee knows about it. In this case, unfortunately, the GIT will still take the side of the employee, since paperwork is considered a priority for any offense. This applies to all labor issues;
• wrongful dismissal, especially if it is made under a negative article without good reason. The employee is forced to file a complaint so that the “bad” record does not affect his future employment;
• delay in wages. In this case, contacting the inspection is advisable only if the entire salary is official;
• unlawful reduction or transfer to another job;
• violation of the rights of pregnant women (sending on a business trip, involvement in overtime work and work at night, etc.). The employer should remember that pregnant women are a special caste, and almost everything is allowed to them. Labor inspectors always make decisions in favor of the pregnant woman, and the penalties in this case can be quite tangible. This is exactly the case when the employer must, for its part, make every effort to resolve the conflict.

These are the main reasons why complaints come to the labor inspectorate, in fact there are many more.

Note! The fact that an employee turned to the labor inspectorate does not mean at all that he will be right, but even if he is found guilty of a conflict, the labor inspectorate does not apply any sanctions to him, leaving this at the discretion of the employer.

Our lawyers know The answer to your question

or by phone:

A complaint against an employer is written in any form; there is no unified form for its execution.

It must contain the following details:

• the name of the state inspectorate where it is submitted;
• Full name and falsity of its leader;
• Full name, passport details and address of registration of the citizen filing the complaint;
• the name of the document, that is, the complaint;
• the text of the complaint. It should state the essence of the matter in as much detail as possible;
• the date of writing the complaint and the signature of the employee who wrote it.

The complaint may be handwritten or typed on a computer, it does not matter and does not affect its legality.

The complaint can be collective, then under it will be the signatures of all the employees who made it.

Note! If the complaint does not contain the data of the person who made it, then the inspection will not accept it for consideration, but at the same time, the complaint can be marked that the applicant asks not to disclose his identity.

This measure is appropriate only when it comes to general violations, and not those that relate to a particular employee, since in this case it is hardly possible to keep incognito.

How to send a complaint to the labor inspectorate

There are several ways to file a complaint with the labor inspectorate.

1. First of all, it can be carried personally and given either to the inspector or to the reception. In this case, you need to keep a copy for yourself, on which the receiving party will put down the incoming number and date.
2. You can send a complaint by registered mail. In this case, you need to pay attention to the exact filling of all the data of the person who made the complaint.
3. Another way to complain about the employer is to fill out the appropriate form on the official website of the state labor inspectorate.

Whatever method of sending a complaint is chosen, the inspectors still accept it for consideration. A period of one month is allotted for conducting an investigation and making a decision, after which they make a decision, about which they inform the person who filed the complaint.

How the investigation is carried out

On the fact of the complaint, the employees of the GIT are obliged to conduct an investigation. The way it is carried out depends on the circumstances of the case, it can be conducted in two ways:

1. an on-site inspection is carried out when the inspector comes to the enterprise that appears in the complaint and requests the necessary documents there. This method of verification is less desirable for the employer, since in its course the inspector can check other documents and if he finds disagreements with the law, he has the right to issue a fine and issue an order to correct;
2. the inspector calls the representative of the employer with all necessary documents to himself and there he considers all the circumstances of the case on the basis of the papers provided. For the employer, this method is preferable, since only specific documents are subject to verification.

The inspector chooses the method of verification at his discretion.

Actions of the employee and the employer after receiving a response to the complaint

If the received answer does not suit one of the parties, they have the right to appeal against it in other instances, the prosecutor's office or the court.

You also need to remember that the employee has the right to apply simultaneously to several instances at once, but if their decisions do not match, then the decision made by the judicial authority will have priority. But it can also be challenged.

The appeal period is 10 days, that is, during this period the dissatisfied party must have time to file a complaint.

Note! According to the current labor legislation, the employer cannot dismiss an employee who complains about him to the labor inspectorate, so if this happens, the employee needs to collect all the evidence and file a complaint against the employer again.

A complaint to the labor inspectorate should be considered as a last resort, when all the ways to resolve the conflict between the parties have been exhausted. Because although inspectors more often make decisions in favor of employees, for the latter this will not be a guarantee that their rights will be preserved in the future.

It is not always expedient and effective to file a complaint with the court against the employer. There are other state structures to restore the violated rights of an employee. One of them is the labor inspectorate, where you can file a complaint against the employer.

Protection of labor rights of an employee

According to the Labor Code, ensuring the protection of labor rights and freedoms of citizens and other tasks in the field of labor protection are assigned to the Federal (State) Labor Inspectorate. Since 2004, the tasks of ensuring labor protection have been assigned to the Federal Service for Labor and Employment (Rostrud) and its territorial bodies. federal Service for labor and employment is under the jurisdiction of the Ministry of Labor and social protection Russian Federation.

A complaint against the employer is submitted to the territorial body of Rostrud. Each subject of the Russian Federation has its own territorial body. Complaints are submitted to the central office of Rostrud about the inaction of the territorial bodies of Rostrud.

A complaint against an employer to the labor inspectorate can be filed in two ways:

• via mail or bring on purpose;
• through the online resource onlineinspection.rf.

Phone complaints are not accepted.

According to the Federal Law "On the Procedure for Considering Appeals from Citizens of the Russian Federation", anonymous proposals, statements, appeals and complaints are not subject to consideration (except for reports of terrorist acts). It is possible to apply orally only at a personal reception at a state body.

Drafting a written complaint

The complaint is made in free form. It must indicate:

• where the complaint is filed (territorial body of Rostrud);
• from whom the complaint is filed (full name), place of registration, postal address, telephone number;
• name of the employer's organization (Partner LLC);
• legal, actual and postal addresses, TIN, full name of the head, telephone;
• information about the concluded employment contract and additional agreements to him;
• arguments about the violation of your rights (what was the violation of your rights, indicate the specific article Labor Code or employment contract)
• a request for response measures (bring to administrative responsibility, bring to criminal responsibility, pay wages, etc.);
• preferred method of responding to a complaint mailbox, by email);
• personal signature and date.

Attached to the complaint are supporting documents. misconduct employer (orders, orders, etc.). If available and necessary, video, audio, list of witnesses can be attached to the complaint.

Sample letter of complaint against an employer to the labor inspectorate

After writing a complaint, it must be sent to the territorial body of Rostrud. This can be done in two ways through the mail with notification or on purpose. To file a complaint on purpose, it is necessary to print two copies of the complaint, appear at the territorial office and transfer it to the expedition (secretariat). On the second copy, the employee will stamp the reception, which you will take with you. The term for consideration of the complaint is 30 days from the date of its registration.

Complaint to Rostrud via the Internet (online)

per century high technology the employee has the opportunity to file a complaint against the employer via the Internet. Created for this online service which is popular. This service has been operating since September 2013. According to official data, more than 130,000 people have used this service and more than 50,000 people have applied for consultations.

Online contact procedure

In order to complain about the employer, you need to go to the site onlineinspection.rf. In chapter "Services" choose "Report a problem".

Personal Area

To the address you specified during registration Email You will receive an email with information about the service and a password. Using your email address and password, you can enter your personal account of the service and follow the progress of the case.

As you can see, the procedure for filing a complaint with the labor inspectorate is not so complicated. The resolution of the issue depends on specific situation and problems.

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