Complaint to the State Labor Inspectorate. Conditions for writing a complaint to the labor inspectorate online. Applying online

So: complaint to the state labor inspectorate:

To the State Labor Inspectorate in the city of St. Petersburg. 198095, St. Petersburg, Zoya Kosmodemyanskoy street, house 28, letter A.

From: FULL NAME. living ( her) by the address: index, St. Petersburg, street_____________, d._, apt., tel. _________.

A COMPLAINT

about violation of the rights of the employee

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

These violations are expressed as follows:

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

"" ________ 20_, I submitted a notification to the management of the organization that I was suspending work from 9:00 am "" ________ 20_ until my salary was paid on the basis of Article 142 of the Labor Code of the Russian Federation. This statement was ignored by the director.

"____" ______________ 20___ I was called to the company supposedly in order to receive a salary, but I was given a notice of a reduction in the number of employees. However, the severance pay was denied. The payment of severance pay in connection with the reduction in the number or staff of the organization's employees (part 2 of article 81 of the Labor Code of the Russian Federation) is regulated by article 178 of the Labor Code of the Russian Federation. Upon termination of the employment contract due to a reduction in the number or staff, the dismissed employee is paid a severance pay in the amount of the average monthly salary, and he also retains the average monthly salary for the period of employment, but not more than 2 months from the date of dismissal (with offset of the severance pay).

My salary was not paid for the entire period!

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

In accordance with Article 84.1 of the Labor Code of the Russian Federation on the day of termination labor relations the employer must give the employee work book. In violation of the requirements of the above article, they did not give me a work book. Failure to issue a work book to an employee upon dismissal is one of the cases of illegal deprivation of an employee of the opportunity to work. In the event that a work book is not issued to an employee and there is no notification of its being sent to the address of the dismissed employee, the employer, in accordance with paragraph 4 of part 1 of Article 234 of the Labor Code of the Russian Federation, is obliged to reimburse the employee for the earnings not received by him, for the delay in issuing the work book to the employee.

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

2. In accordance with Article 37 of the Constitution of the Russian Federation, an employee has the right to remuneration for work without any discrimination. In accordance with Article 136 of the Labor Code of the Russian Federation, wages are paid at least every half a month per day, statutory internal labor regulations, collective agreement, labor contract. In accordance with Article 84.1 of the Labor Code of the Russian Federation, on the day the employment relationship is terminated, the employer is obliged to make a settlement with the employee.

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

Thus, LLC "_______________" (in the person of its officials) violated Article 37 of the Constitution of the Russian Federation, Articles 84.1 and 136 of the Labor Code of the Russian Federation, and also infringed my right to receive earnings guaranteed by the Constitution.

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

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

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

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

I am turning to you for help, because in accordance with the current legislation, the State Labor Inspectorates receive citizens, consider applications, complaints and other appeals of citizens about violations of their labor rights. They exercise state supervision and control over compliance with labor laws. Consider cases of administrative offenses. Carry out checks and investigation of the causes of violations of labor legislation and labor protection. Provide employers with binding orders to eliminate violations of labor and labor protection legislation, to restore violated rights of citizens with proposals to bring those responsible for these violations to justice. disciplinary responsibility or their removal from office in the prescribed manner. Persons guilty of violating the legislation of the Russian Federation on labor and labor protection are brought to administrative responsibility.

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

Ask:

1. Conduct an audit on this complaint and, if violations of the legislation of the Russian Federation are found in the activities of ______________ LLC or officials of this organization, bring the perpetrators to administrative responsibility;

2. Oblige ______________ LLC to restore the violated right by returning my work book;

3. To oblige LLC "" to pay me wages for the period from "" ______ 20_ to "" ________ 20_ in the amount of _________ rubles;

4. To oblige __ LLC to reimburse me for lost earnings for the period from 20_ to ________ 20_ in the amount of _________ rubles for unlawful deprivation of the right to work due to the failure to issue a work book;

Complaint against employer sample. The complainant was a deputy CEO for the logistics of the organization, as evidenced by the employment contract and the entry in the work book. However, for a certain period, the complainant's wages were not paid, which is a gross violation of labor legislation and labor rights guaranteed by the Constitution of the Russian Federation. The complainant asks to submit an idea about the elimination of violations of the law by the management of the organization. Oblige the management of the organization to pay debts for wages.

To the State Labor Inspectorate in _______

___________________________________________

from _______________________________
residing at: _________________________

From _____________ to __________, I was the Deputy General Director for Logistics of the Limited Liability Company "___" (______________________________________), as evidenced by the employment contract and the entry in the work book.
The amount of my salary in accordance with the employment contract and additional agreement amounted to _____ rubles.
According to Art. 136 of the Labor Code of the Russian Federation, when paying wages, the employer is obliged to notify each employee in writing about constituent parts wages due to him for the relevant period, the amount and grounds for the deductions made, as well as the total amount of money to be paid.
The form of the payslip is approved by the employer, taking into account the opinion of the representative body of employees in the manner prescribed by Article ___ of this Code for the adoption of local regulations.
Wages are paid to the employee, as a rule, at the place of performance of work by him or transferred to the bank account indicated by the employee on the terms determined by the collective agreement or labor contract.
The place and terms of payment of wages in non-monetary form are determined by a collective agreement or an employment contract.
Wages are paid directly to the employee, unless another method of payment is provided for by federal law or an employment contract.
Wages are paid at least every half a month on the day established by the internal labor regulations, collective agreement, labor contract.
For certain categories federal law may establish other terms for the payment of wages.
If the day of payment coincides with a weekend or non-working holiday, payment of wages is made on the eve of this day.
Holidays are paid no later than three days before the start of the holiday.
Thus, the norms of the current labor legislation impose on the employer the obligation to strictly comply with the terms of payment of wages.
However, for the period from __________ to __________ the salary was not paid to me, which is a gross violation of the norms of labor legislation and labor rights guaranteed by the Constitution of the Russian Federation.
To date, the amount of wages accrued, but not paid to me, amounted to ______ rubles.
In addition, the employer did not pay me compensation for unused vacation upon dismissal for 28 calendar days, which amounted to _____ rubles.
On ____________, I filed a voluntary resignation from my job due to retirement.
In accordance with Art. 142 of the Labor Code of the Russian Federation, the employer and (or) representatives of the employer authorized by him in the prescribed manner, who have allowed a delay in the payment of wages to employees and other violations of wages, are liable in accordance with this Code and other federal laws, and by virtue of Art. 236 of the Labor Code of the Russian Federation, if the employer violates the established deadline for paying wages, vacation pay, dismissal payments and other payments due to the employee, the employer is obliged to pay them with interest ( monetary compensation) in the amount of not less than one three hundredth of the current Central Bank refinancing rate Russian Federation from outstanding amounts for each day of delay starting from next day after the due date of payment up to and including the day of actual settlement. The amount of monetary compensation paid to an employee may be increased by a collective agreement or an employment contract. The obligation to pay the specified monetary compensation arises regardless of the fault of the employer.
In addition, so far I have not been issued a work book, just as there is no order for my dismissal.
According to Art. 84.1 of the Labor Code of the Russian Federation, the termination of an employment contract is formalized by an order (instruction) of the employer.
The employee must be familiarized with the order (instruction) of the employer to terminate the employment contract against signature. At the request of the employee, the employer is obliged to issue him a duly certified copy of the said order (instruction). In the event that the order (instruction) to terminate the employment contract cannot be brought to the attention of the employee or the employee refuses to get acquainted with it against signature, an appropriate entry is made on the order (instruction).
The day of termination of the employment contract in all cases is the last day of the employee's work, except for cases when the employee did not actually work, but, in accordance with this Code or other federal law, he retained his place of work (position).
On the day of termination of the employment contract, the employer is obliged to issue a work book to the employee and make settlements with him in accordance with Article 140 of this Code. At the written request of the employee, the employer is also obliged to provide him with duly certified copies of documents related to work.
An entry in the work book on the basis and reason for termination of the employment contract must be made in strict accordance with the wording of this Code or other federal law and with reference to the relevant article, part of the article, paragraph of the article of this Code or other federal law.
In accordance with Art. 140 of the Labor Code of the Russian Federation, upon termination of the employment contract, payment of all amounts due to the employee from the employer is made on the day the employee is dismissed. If the employee did not work on the day of dismissal, then the corresponding amounts must be paid no later than the next day after the dismissed employee submits a request for payment.
The unlawful actions of the employer caused me both moral harm and my moral suffering are expressed in the fact that due to the unpaid settlement upon my dismissal, I am extremely constrained in cash, because of which I experience nervous stress and, in addition, I am forced to find means to protect my legal rights.
My claims for non-pecuniary damages are based on the law.
According to Art. 237 of the Labor Code of the Russian Federation, moral damage caused to an employee misconduct or inaction of the employer, is reimbursed to the employee in cash in the amount determined by agreement of the parties to the employment contract.
In the event of a dispute, the fact of causing moral damage to an employee and the amount of its compensation are determined by the court, regardless of the property damage subject to compensation.
Based on the above,

1. Submit a proposal to eliminate violations of the law on the part of the management - limited liability company "___".
2. To oblige the management of ___ LLC to pay me the wage arrears in the amount of ______ rubles.
3. Oblige the management of ___ LLC to pay me compensation for unused vacation in the amount of _____ rubles and compensation for non-pecuniary damage in the amount of _____ rubles.
O decision please notify me within the legal time limit.

GIT (State Labor Inspectorate) carries out "federal State supervision over compliance with labor laws and other regulatory legal acts containing labor law norms." The labor inspectorate is authorized to conduct an unscheduled inspection in the organization if the employee has received a corresponding request. At the same time, it must be remembered that “Appeals and statements that do not allow identifying the person who applied to the authority state control(supervision) ... cannot serve as a basis for an unscheduled inspection” (clause 3, part 2, article 10 of the Federal Law of December 26, 2008 N 294-FZ). In other words, GIT should not respond to anonymous requests.

The application process takes place in two steps.

Step 1. Making a complaint

The first thing to do is file a complaint properly. To do this, a written application is drawn up, which must contain:

Name of the state body;
Name of the applicant;
postal and email address the applicant;
the content of the complaint;
applicant's signature;
date;
copies of supporting documents (if any).

A written appeal to the State Labor Inspectorate is not accepted for consideration if it does not indicate the full name of the applicant or the mailing address for a response (clause 1, article 11 of the Federal Law "On the procedure for considering applications from citizens of the Russian Federation" dated 02.05.2006 N 59-FZ ). In addition, there will be no answer even if the text cannot be read (clause 4, article 11 of the Federal Law of 05/02/2006 N 59-FZ).

Sample complaint to the labor inspectorate

Step 2. Sending a complaint to the labor inspectorate

The application can be submitted by one of traditional ways: personally take it to GIT in set time or send by Russian Post or email.

In the first case, an application should be drawn up in two copies, one of which is certified and remains in the hands of the applicant.

In the second case, the appeal is sent by registered mail, and the applicant receives a notification of its delivery to the addressee.

Both methods are associated with certain inconveniences and time costs. From January 1, 2017, in connection with the introduction of changes to, the requirements for considering applications to the State Labor Inspectorate have been changed. Now every citizen has the opportunity to file a complaint with labor inspection online.

How to write a complaint to the labor inspectorate online

You can register an appeal online using the onlineinspection.rf resource. All that is required is to log in to the site and follow the steps suggested by the system:

Open the "report a problem" service.
Select the category of the problem (hiring, changing working conditions, dismissal, working hours, etc.)
Specify the category of the problem by selecting one of the options. If the problem does not fit into any of the categories, you should return to step 2 and select "other violation of labor rights".
Highlight the desired result of the consideration of the application (verification of the stated facts; identification of the perpetrators with bringing them to administrative responsibility; consultation on the questions asked).
State the essence of the appeal, indicating information about the applicant and the employer.
Give consent to the processing of personal data.

Application status is tracked in personal account in online mode.

Complaint outcomes

An appeal to the State Labor Inspectorate is registered within 3 days, regardless of whether it was submitted online or in writing. The term for consideration of the application is no more than 30 days from the date of its registration. Sometimes the review period is extended, but not more than 30 days, with the obligatory notification of the applicant.

If the application is properly drawn up, the inspector conducts an inspection, during which the presence or absence of a violation of the employee's rights is revealed and an appropriate act is drawn up. If the fact of violations is confirmed, the employer is issued an order to eliminate them, and the applicant is sent a reasoned response in writing.

Today I decided to consider a topical issue for many - how and where to complain about the employer. After reading this article, you will know what is Labour Inspectorate, in what cases you can complain about the employer, how to properly file a complaint, how to file it, and what results this can lead to, and where else you can file a complaint if the labor inspectorate does not help you. Take note and save yourself a link to the article just in case.

The current realities are such that conflicts between employees and employers are not uncommon, but rather a pattern. Moreover, very often employers to some extent (including very grossly) violate labor laws. Most often, their employees simply put up with it, holding on with all their might to work as the only possible source of income (which is already a mistake), and they allow them to do anything with themselves, they are ready to endure any inconvenience and hardship, just not to be fired. In my opinion, this is a completely wrong position.

Each employee should be at least a little familiar with the current labor legislation of his country, and know that he has not only obligations to the employer, but also rights. And he must be able to competently protect, defend his rights if they are not respected, especially if they are not respected roughly. In particular, he must know how and where to complain about the employer if he seriously violates his rights, and not be afraid to do so. Because employers will treat employees the way they allow.

What is a labor inspectorate?

Where to complain about an employer? To control the observance of workers' rights, there is a special government agency- labor inspection different countries It may be called differently, but the essence is the same).

The labor inspectorate is state organization, designed to monitor compliance with labor laws, resolve labor disputes between employees and employers out of court and have the authority to impose sanctions on employers who violate the law.

For example, the labor inspectorate in Russia is officially called the Federal Service for Labor and Employment or Rostrud. In Ukraine, this is the State Labor Inspectorate of Ukraine.

The Labor Inspectorate is subordinate to the Ministry of Labor and social protection population. In addition to considering employee complaints, this structure also performs many other functions, but for now we will only be interested in how to complain about the employer to the labor inspectorate.

When can I complain about an employer?

Let's start by looking at situations in which you can file a complaint with the labor inspectorate. In short, it can be any violation of labor law, including those that violate the rights of an employee defined in the Labor Code. Here are the most common examples.

Unreasonable denial of employment. Few people know, but the Labor Code clearly defines the reasons why a person may be denied employment. It often happens that they refuse unreasonably or on false grounds.
Wage irregularities. For example, the payment of wages in a smaller amount than stipulated by the employment contract, delays in the payment of wages, deprivation of part of the salary, unreasonable and inconsistent with the employment contract, etc.
Forced to work overtime without pay and additional days off. In this case, it also makes sense to complain to the labor inspectorate, especially if it is systematic.
Failure to provide due leave. It is also a fairly common violation of labor laws, and the labor inspectorate can help solve this problem.
The ban on taking sick leave. Familiar? It is too gross violation labor law that will apply to you for as long as you allow it.
Coercion to perform work not provided for by the employment contract and job description. If you are often forced to do someone else's work, in addition to your own, this is also a violation of the Labor Code, which can be appealed by filing a complaint with the labor inspectorate.
Violation of the dismissal procedure. If the employer unreasonably, forces to dismiss, threatens to dismiss “under the article” without good reason, or has already dismissed with any violations of the law (for example, without prior notice and working off the allotted time) - it also makes sense to complain to the labor inspectorate.

How to file a complaint with the labor inspectorate?

Now let's look at how to complain about an employer to the labor inspectorate, which is necessary for this. There are four ways to file a complaint:

Method 1. Submit a complaint to the labor inspectorate by mail. This is the longest, most costly, but also the most effective method complain about the employer. Because an official letter is a document that cannot be ignored: in any case, you will be required to provide the same official response to it.

Method 2. File a complaint with the labor inspectorate online. This is the simplest option, but not always effective, because your electronic appeal can simply be “lost”, left without consideration, and you will not necessarily receive an official response to it. You can file a complaint with the labor inspectorate online in Russia through the website onlineinspection.rf.

Method 3. File a complaint with the labor inspectorate through the hotline. Approximately the same as the second method, only the complaint in this case will need to be stated orally, by phone, it will be recorded from your words. Reception here also cannot be guaranteed - it all depends on whether it is considered reasonable and requiring consideration.

Method 4. Come to a personal appointment at the labor inspectorate. This is very a good option in order to get professional advice on the issue of interest to you. They will immediately tell you how justified your complaint is from the point of view of labor legislation, and tell you how to properly file a complaint, after which you will issue it in writing and register it locally, or send it by letter.

How to file a complaint against an employer?

Before complaining to the labor inspectorate, you still need to try to resolve the issue of interest to you with the employer “peacefully” - through negotiations. Because filing a complaint is a serious matter, and can lead to serious consequences for the employer (which ones I will tell you a little later). So, if there is an opportunity to resolve the issue "amicably" - use it, and only when it does not work - proceed to filing a complaint.

Step #1. Compose the text of the complaint. There are no strict forms by which a complaint to the labor inspectorate is drawn up. The complaint must be made in business style in free form, and must contain:

To: name and full name of the head of the territorial labor inspectorate;
From whom: full name and passport details of the applicant, address of registration and address for receiving a response;
The name and legal address of the employer against whom the complaint is being filed, your position in this enterprise, the name of the head, the name and position of the person you are complaining about;
The essence of the complaint: what exactly is the employer violating, preferably with references to the articles of the Labor Code and / or clauses of the employment contract;
Requests or suggestions: what exactly do you ask or suggest to do with the labor inspection (for example, conduct an inspection at the enterprise, hold the manager accountable, advise you, etc.)

If you file a complaint online, then the site will have all the required fields to fill out.

Often people are interested: is it possible to send a complaint to the labor inspectorate anonymously? No, you cannot, such a complaint will not be considered.

Step #2. Support the complaint with documents if necessary. The complaint will have a much more weighty appearance if it is supported by documentary evidence. For example, if you refer to your employment contract, attach a copy of it. If you are complaining that you are not being paid your salary (or not being paid as much as you should be), attach an extract from your bank account. Etc.

Step number 3. Submit a complaint and await review. If you send a complaint by mail - it is advisable to do this with a return receipt - so you will know for sure that the letter has been delivered to the addressee and count down the response time. Consideration of a complaint can take from several days to a month, and in rare cases up to two months (if, for example, an inspector needs to travel to another region). It all depends on the nature of the complaint and how it was filed. Each complaint is submitted to a specific inspector for consideration, who studies it, makes a decision, agrees with the management and gives an answer.

Step number 4. Get a response to your complaint. Once your complaint has been reviewed, you will receive a response. If it requires an audit at the enterprise, then the response will most likely indicate that an audit has been scheduled, and you will be notified additionally based on its results.

Please note that if it happens that your issue is already resolved during the period of consideration of the complaint, then you have the right to withdraw your complaint. True, if it indicates serious violations, an inspection at the enterprise can still be appointed, they just won’t notify you about the consideration of the issue.

What answer will the labor inspectorate give?

Now let's look at what results and actions your complaint against the employer to the labor inspectorate can lead to. There may be several options.

The appointment of an on-site inspection at the enterprise in order to ascertain violations.
An order to eliminate violations to the head of the enterprise and fixed time for its implementation. As a rule, it is 1 month. Within this period, he is obliged to eliminate the violations and report this to the labor inspectorate. Otherwise, more serious measures will be taken against him.
Bringing the head to administrative responsibility - a fine for violating labor laws. This fine can be quite substantial (depending on the type of violation).
Suspension of a leader (or guilty official) from office on a temporary or permanent basis.
AT individual cases- temporary cessation of the enterprise until the violations are eliminated.
In some cases, bringing the head to criminal responsibility.

When can a complaint to the labor inspectorate be rejected?

Consider the most common reasons why a complaint to the labor inspectorate may be rejected:

You have not provided all personal information.
You entered the employer's information incorrectly or incompletely.
Subjective point of view (your complaint is made emotionally, but does not contain strong arguments, is not supported by documents, it is not indicated what exactly the employer is violating).
Illiteracy. If the complaint contains a large number of errors, is composed incoherently, illiterately, contains profanity, it will also be left without consideration.
The complaint did not reach the addressee (for example, some system failure occurred when sending online, the letter did not reach, it was simply lost due to a human factor, etc.). In this case, it makes sense to send a second complaint, indicating that it is a second one.

What to do if the complaint was rejected or you are not satisfied with the result of the consideration?

If the labor inspectorate rejected the complaint, or gave an answer that does not suit you, but at the same time you are sure that the employer is violating the norms of the Labor Code, there are several options for further action:

Appeal the response of the inspector who reviewed your complaint with his/her immediate supervisor.
Refer to professional lawyers in the field of labor law, which will help to draw up a complaint more professionally and will accompany its consideration.
Complain about the labor inspectorate to a higher organization. For example, you filed a complaint with the regional labor inspectorate, it was unreasonably rejected - you complain to the central or higher organization - the Ministry of Labor and Social Protection.
Complain about the employer to the tax authorities when it comes to tax evasion (black or gray salary).
File a lawsuit against your employer.

Now you know how and where to complain about the employer, how the labor inspectorate works, what nuances of filing complaints and appeals you need to take into account. I hope this information was helpful to you.

Do not be afraid to defend and defend your rights if they are really violated. Employers will always treat you the way you let them. See you at!

The most common reason for contacting the State Labor Inspectorate is questions about wages and dismissal. But the employee in the process of fulfilling his duties also has other problems: a stuffy room, uncomfortable working conditions, problems with documents, working hours, a boorish boss, and many others. These are also violations of labor rights, and the labor inspectorate is obliged to consider such complaints.

The Labor Inspectorate will consider any complaint that concerns the relationship between the employee and the employer. The agency will check the violations and, if everything is confirmed, will take measures to protect your rights.

The salary

Dismissal

Working conditions and comfort in the workplace

Work without official registration

Employer's responsibility

Employee Responsibility

Working hours and rest time

Occupational Safety and Health

The Labor Inspectorate is obliged to conduct an inspection on the complaint of any person. He does not have to be an employee of the enterprise / organization. The Labor Inspectorate will also check the application of the applicant, who believes that he was unlawfully denied employment.

If the company pays salary in an envelope(in whole or in part), and the labor inspectorate confirms this fact, then not only the employer, but also the employees will have to answer. According to the law, even with a “gray” salary, a citizen must pay personal income tax. The labor inspectorate will transfer the information to the tax office, and that will charge tax on the previously received salary in an envelope.

State Labor Inspectorate:

- accepts and considers letters, applications, complaints, as well as other appeals of citizens indicating violations of their labor rights;

- undertakes necessary measures to eliminate violations, as well as to restore violated rights.

How to complain to the labor inspectorate

1. Find out where to complain.

The complaint is filed at the place of registration of the employer. Usually this is the legal address of the organization/enterprise. If the plant is located in Saratov, but registered in Makhachkala, then you will have to complain to Dagestan.

Addresses of territorial bodies Federal Service on labor and employment are posted on the website http://www.rostrud.ru/

For employers who are registered in Moscow and the Moscow region, a complaint must be filed with the State Labor Inspectorate of Moscow.

2. Choose a contact method.

You can file a complaint:

Personally;

by registered mail;

By e-mail (to the address indicated on the website of the territorial authority);

Through the information and consulting portal of Rostrud www.onlineinspektsiya.rf.

According to the law, a written appeal to the labor inspectorate will be considered within 30 days from the date of its registration. In special cases (for example, an on-site inspection is needed), this period will be extended, but not more than 30 days.

Can I complain anonymously?

In some cases, the employee wants to complain to the authorities incognito. For example, when you don’t want to lose your job, but you need to correct an injustice.

To do this, in the appeal, indicate that you object to the disclosure of your data to the employer. In this case, the law obliges the inspector to keep the source of the complaint secret (Article 358 of the Labor Code of the Russian Federation).

You still have to indicate your data in the application - anonymous complaints remain without consideration for quite legal grounds. But no one in the team will know who complained to the labor inspectorate.

“I work as an accountant. Everything suits, except for office equipment: computers are nearby, closeness, noise, air conditioners do not work. I complained to the labor inspectorate, said that I did not want to disclose my name to the authorities. As a result, the inspection carried out an inspection and issued an order to the employer to eliminate the violations. So I still work, there were no problems with the authorities. But after checking we were given separate room under the accounting department and put air conditioners.

If there is a conflict between you and your boss and you are on the verge of being fired, there is nothing to lose. Complain openly.

“There are six months left until retirement, and then they decided to “turn me out”, replacing me with a protégé. They began to put pressure on me to quit, they insulted me in front of the team. I contacted the inspectorate. Colleagues confirmed the fact of pressure. In the end, I kept my job."

3. We write an appeal.

In the application, be sure to indicate which labor rights the employer violates. Attach documents that confirm the facts stated in the application.

What must be included in the application:

full name of the organization;
position of the applicant;
the actual address of the enterprise/organization;
surname, name and patronymic of the head;
if known, indicate the telephone numbers of the administration (reception of the head, head of the personnel department, etc.);
essence of the complaint;
what the labor inspectorate should do: conduct an inspection, hold the employer accountable, take measures to restore violated labor rights;
signature and date.

If the application is collective, this should also be indicated and signed by all employees. If there are too many employees, then put the signatures with the transcripts of the names on separate sheet and attach to the complaint.

Alexey from Chelyabinsk worked in a Moscow company on a rotational basis. AT Last year money was delayed. As a result, work orders dried up, and the company owed the man almost 200 thousand rubles. Offended and other colleagues. Therefore, they all together wrote a collective statement at the place of registration of the company, to the territorial office of the labor inspectorate in Chelyabinsk.

4. Submit an application.

Personally. Take 2 copies of the application to the labor inspectorate. One will remain with you, make sure that the secretary puts the number of the incoming document and the date of acceptance on it.

Within 30 days from this date (in exceptional cases - 60 days) an inspection must be carried out at the enterprise. Otherwise, complain to the prosecutor's office.

Russian Post. Complete the delivery notice. When the notice is returned, it will be dated and signed by the person who received the letter. The "countdown" of time for verification will start from this date.

Click Report a Problem. Choose the topic and the result you want to get: checking the enterprise, bringing the guilty to justice or consulting on solving the problem.

After submitting the form, a notification will be sent to the mail that the complaint has been accepted for consideration.

All. A complaint filed via the Internet must be considered as a regular paper one within 30 days.

A complaint may be dismissed for the following reasons:

If the information about the applicant is not indicated or indicated inaccurately.
The text of the complaint contains obscene expressions or insults.

Should know!

If you do not agree with the conclusions of the labor inspectorate based on the results of the inspection, complain about the inspector to his supervisor. If the head of the labor inspectorate did not help, contact the prosecutor's office and the court. This can be done without waiting for the end of the labor inspection.

Before contacting the labor inspectorate, write to the head of the claim with a request to solve the problem within a reasonable time.

Do not write a letter of resignation "of your own free will." Even if the director really asks. Give in to persuasion - guide with clear conscience will deprive you of part of the mandatory compensation upon reduction. No one can fire you without good reasons provided for by labor legislation.

If you have written such a statement, remember: it can be withdrawn. This must be done in writing. The Labor Code of the Russian Federation provides that an employee does not have the right to withdraw a letter of resignation only if another employee is invited in writing to take his place, who cannot be refused to conclude an agreement.

If the enterprise has problems and the management does not pay salaries, do not agree to dismissal of your own free will under any pretext!

If the labor inspectorate did not respond to the complaint (this can happen), contact again. In the new application, do not forget to clarify that the first appeal did not receive a response.

State bodies are responsible for the timely consideration of citizens' appeals and for sending a response.

Even if the labor inspectorate does not see a violation of the law in the actions of the employer, the department will send a response. In it, the inspector who conducted the inspection will justify his decision.

You will find a sample application for sending by mail in the instructions of the Just Russia Center for the Protection of Citizens' Rights - " Complain to the labor inspectorate". It will need to be downloaded.

The material was prepared as part of the Program to improve the level of legal literacy and protect the rights of citizens of the Russian Federation in the areas of labor and social protection in 2017.