Complaint template to the labor inspectorate. Sample application to the labor inspectorate

One of the ways to protect labor rights is to apply to the State Labor Inspectorate, for which a complaint is made to the labor inspectorate. The State Labor Inspectorate is a state body that was created specifically to protect the rights of an employee. And the right to file a complaint with the labor inspectorate is expressly provided for by the Labor Code of the Russian Federation. Since labor disputes are very personal, it sometimes makes sense to seek help from the labor inspectorate before going to court.

A complaint to the labor inspectorate may have several goals: conducting an unscheduled inspection, clarifying the law, taking response measures in the form of a protest, and holding the employer accountable for violating labor laws.

An example of a complaint to the labor inspectorate

To the State Labor Inspectorate

in the Zheleznodorozhny district of Yeysk

660049, Krasnoyarsk, per. Gorky, 37

from Kishineeva Marina Anatolyevna,

address: 660043, Krasnoyarsk, st. Zagorodnaya, 129-73,

Complaint to the labor inspectorate

In the period from September 19, 2016 to December 20, 2016, I was in an employment relationship with Matryoshka LLC (Krasnoyarsk, Svetly Ave., 302, office 8) as an assistant to the head with a salary of 20,000 rubles. The employment contract with me was concluded only on September 23, 2016, I was not familiar with the order for employment.

In December 2016, the employer forced me to write a letter of resignation of my own free will due to the crisis and the reduction in production and jobs. On December 20, 216, I personally handed the letter of resignation to the employer, he signed it, promising to pay the due wages. However, neither on December 21, 2016, nor to the present day, the salary for December 2016 has been paid to me.

In addition, the actions of the employer are seen as a violation of labor legislation, namely: the employer, in violation of Art. 129, 135, 148 of the Labor Code of the Russian Federation, as an employee, I actually did not accrue and did not pay a mandatory allowance: the district coefficient established by the decree of the administration of the Krasnoyarsk Territory of 08.21.1992 No. 311-P, in the amount of 1.3.

Failure to fulfill their obligations established by the labor legislation of the Russian Federation grossly violates the rights of the employee.

Based on the foregoing, I ask you to check the legality of the inaction of the employer, Matryoshka LLC, for non-payment of wages on the day of dismissal, as well as for non-payment of the district coefficient to the official salary in the period from 09/19/2016 to 12/20/2016. I ask you to oblige the LLC "Matryoshka" to eliminate the committed violations of labor legislation. Please inform the applicant about the measures taken.

Application:

1. A copy of the employment contract;
2. Copies of pay slips for September, October, November 2016;
3. Copy of resignation letter.

01/15/2017 Kishineeva M.A.

Why file a complaint with the Labor Inspectorate?

Any violation of labor legislation, including many mandatory by-laws, will be the basis for applying to the State Labor Inspectorate. Filing a complaint with the labor inspectorate is not mandatory for filing, on reinstatement, etc. But filing a complaint in such cases may become the basis for bringing the employer to administrative responsibility.

A copy of the response to the complaint to the labor inspectorate will be valid, and the court will be obliged to evaluate such evidence and take it into account. If no response is taken by the state labor inspectorate, such a refusal can be appealed by filing or.

When the situation is controversial and it is difficult to resolve it on your own, a complaint to the labor inspectorate will help you get an explanation of labor legislation and advice. The duty of consultation of workers by employees of the state labor inspectorate is expressly provided for by the Labor Code. In addition, labor claims, incl. in cases of an employee caused at work, state labor inspectors may act as experts.

How to make a complaint to the labor inspectorate

Of course, violations of labor laws by the employer may differ from the above example. However, in order for the complaint to the labor inspectorate to have the desired consequences, we recommend drawing up a document according to the following template:

• the name of the state labor inspectorate. This should be an inspection in whose jurisdiction the employer is located (at the legal address). If the employment contract indicates the place of performance of the labor function, the complaint is submitted to the inspection at this address. The complaint can be addressed both to the name of the head, and in an impersonal form.
• surname, name, patronymic, phone number and address of the applicant, place of work. Anonymous complaints to the labor inspectorate will not be considered, this must be taken into account.
• name "complaint". This name allows you to focus the attention of civil servants of the labor inspectorate on the text of the document;
• a brief summary of the essence of the circumstances: information about the employer, the period of labor relations, which actions (inaction) became a violation of the employee's rights, incl. on labor protection issues;
• it is desirable to indicate the articles of laws, by-laws that the employer violated, in the opinion of the applicant;
• what specific actions should be taken to eliminate the violations.

Important: if the applicant does not want the employer to know about the fact of filing a complaint with the labor inspectorate, refer to Art. 358 of the Labor Code and ask that the source of the complaint be kept confidential.

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

Grounds for applying to the labor inspectorate

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

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

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

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

Submission of the application and its anonymity

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

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

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

Many citizens, when filing a complaint, want to remain anonymous, that is, to anonymously report the offenses of the leader. The following reasons may prompt an employee to take such actions:

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

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

Applying online

To apply online you need:

1. enter the official page of the labor inspectorate of the corresponding region;
2. on the site that opens, enter all the required data;
3. describe concerns;
4. attach a file with a scanned package of documents.

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

• verification of the head of the enterprise;
• initiation of administrative proceedings, and bringing violators to justice;
• obtaining advice on a matter of interest.

The following information must be included in the electronic complaint:

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

You also need to put the date of preparation and sending of the application and the signature of the applicant. This complaint is considered within thirty days, after which the applicant's e-mail should receive a response on the measures taken, or a notification about the need to extend the verification period.

It must be taken into account that complaints that lack the necessary information about the applicant or employer, as well as anonymous applications, are not accepted and are not considered by the state institution.

Application review period

In the labor inspectorate, as in other state bodies, terms have been determined that provide for the receipt of documents, their consideration, taking the necessary measures and giving a written response to the applicant.

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

Inspection check

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

• scheduled check. Performed in the absence of complaints. Basically, such checks are carried out by organizations where an emergency has occurred or a large number of violations of regulatory legal acts have been discovered. Before starting the inspection, the inspector is obliged to notify the management of the enterprise in advance. The notification is drawn up in writing, which indicates the date of the beginning and end of the inspection; targeted inspection. It is carried out upon receipt of a complaint. In this case,
• The inspector checks the presence of violations indicated in the application at the enterprise. If they are found, the authorized person issues an administrative penalty to the violator, and also issues an order of the established form to eliminate the identified violations. The fulfillment of which the inspector will be obliged to check at the next inspection.

In addition, a representative of the auditing organization may apply to the prosecution authorities, judicial institutions or take other response measures within his authority.

The duties of the labor inspector include:

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

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

Disagreement with the decision

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

Criminal liability

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

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

In contact with

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. The Federal Service for Labor and Employment is under the jurisdiction of the Ministry of Labor and Social Protection of the 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 it;
• arguments about the violation of your rights (what was the violation of your rights, indicate a specific article of the Labor Code or employment contract);
• a request for response measures (bring to administrative responsibility, bring to criminal responsibility, pay wages, etc.);
• the preferred method of responding to the complaint (by mailbox, by e-mail);
• personal signature and date.

Documents confirming the unlawful actions of the employer (orders, instructions, etc.) are attached to the complaint. 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)

In the age of high technology, an employee has the opportunity to file a complaint against an employer via the Internet. For this, an online service has been created that 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

An email with information about the service and a password will be sent to the email address you specified during registration. 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 the specific situation and problem.

10 331

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 is a state body 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;
• Did not receive wages in the agreed amount;
• The boss forbids taking breaks for legal rest and lunch during working hours.

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 filed a complaint about non-payment of wages, then a statement is a great way to confirm that wages were paid late, or not in full. You will also need a copy of the employment contract, which spells out all the obligations of the employer related to remuneration;
• Employment 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 necessary documents can be photographed and attached to the appeal.

Consideration.

The timing of consideration will largely depend on the degree of violation. According to the 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;
• Email notification.

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 review time may be extended only if there is a good reason. The most common reason is due to the fact that additional material was required for verification.

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 is 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.

You can contact a law firm in person, offices are in most cases within walking distance, or you can 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 activities (it is better to entrust the matter to a professional who has proven his reliability and qualifications over the years);

In the current conditions of the economic crisis, it is very difficult to conduct one's labor activity without encountering violations of the law. Of course, there have always been unscrupulous employers, but a drop in profits in crisis conditions is pushing even honest managers to violate. However, the law is the law and the rights of workers established in it must be ensured and restored in case of their violation. For this, a complaint is sent to the labor inspectorate.

Grounds for filing a complaint

You must have a valid reason to file a complaint with this agency. After all, most cases of violation of the rights of workers are resolved on the spot, in the enterprise itself. However, recently there have been very frequent violations related to wage delays, etc. It is in such cases that you need to complain to the inspection.

• refusal to execute an employment contract;
• establishing a probationary period for a pregnant woman;
• refusal to provide information about the rules at the enterprise when imposing a disciplinary sanction.

• refusal to receive annual leave;
• salary delays;
• refusal to pay due compensation;
• coercion to issue a vacation at their own expense instead of the prescribed vacation or sick leave;
• coercion to work overtime and refusal to pay it.

• untimely notification;
• refusal to pay upon dismissal;
• incorrect calculation upon termination of employment relations;
• refusal to issue a work book;
• late payment.

Thus, you can contact the state inspectorate not only about violations during the period of employment, but also after it ends.

You can complain not only because of violations in relation to you directly, but also to your colleagues.

Drafting a complaint

So, how to write a complaint to the labor inspectorate? The legislator has not established a specific form for filing a complaint to the state inspectorate.

• information about the applicant, including address and valid telephone number;
• information about the employer who violated the rights of the employee;
• a brief summary of the violation;
• clear requirements;
• date of writing and signature of the applicant.

It is best to compose the text in a formal business style. The law does not put forward a direct requirement, but the official appeal will be more understandable if it is written in this style.

Sample Complaint

It will be much easier to draft a complaint with an example handy. Such a call should look something like this:

To the state labor inspectorate

Address: (indicate the address of the regional office)

From (full name of the applicant is indicated)

Address: (indicate the address of the applicant)

Phone: (valid number required)

COMPLAINT

On March 3, 2016, I (full name) was hired by the StalItal enterprise as a welder. Employment was carried out by V.V., who was the head at that time. Ivanov. However, since January 2017, he has been managing the enterprise (full name of the current head) which announced a seven-day working week with floating days off, which was not reflected in the contract or in the order of the enterprise. As a result, for one month at the moment there are three days off.

However, the salary was not increased, and when I contact the manager, I get an answer that those who disagree with his order can quit at will. This state of affairs continues to this day. All employees of the enterprise work more than specified in their contracts and receive the same salary for this.

• conduct an appropriate check on the facts;
• apply appropriate measures to the perpetrators;
• provide me and the rest of the employees of the StalItal enterprise with the payment of due compensation;
• keep my request confidential.

Such a statement is the most complete and, if possible, the shortest description of the problem that has arisen.

An overly lengthened complaint is not required. Inspection like description will be the most understandable.

Filing a complaint

Filing a complaint is also an important part of challenging an employer's illegal actions. The timely consideration of the complaint within the time limits established by law depends on how correctly the complaint is sent. In general, there are various ways to file a complaint with the labor inspectorate.

1. Perhaps the most primitive way today is the personal delivery of the application to the office of the regional department of the inspection. But at the same time, this method is the most effective and ensures timely consideration of the complaint. The complaint must be filed in person or through a representative. In this case, it is necessary to make a copy of it and receive a mark of delivery with the date indicated. In state bodies, such a mark has the form of a special stamp of the office.
2. Sending by mail is also an effective option. The complaint must be sent by letter with a response notification, which is proof of delivery and a guarantee of timely consideration of the complaint. However, this takes quite a long time, because letters are usually delivered within one week. And the consideration period will be calculated from the moment of delivery, and not from the moment of submission of the letter.
3. The most popular way of applying today, both to the inspection and to other state bodies, is an online appeal.

• directly on the site of the inspection, while filling out a special complaint form.
• to the e-mail of the inspection.

When submitting a complaint through the site of the inspection, you must specify the method of receiving a response. You must choose to receive a response via mail at the address of the applicant's residence. You can, of course, indicate that you will receive a response in electronic form, but a paper response with a stamp for other people is always more effective than a printout of a letter from an e-mail.

When a complaint is sent through the website of the inspection, it is considered as a general rule within the next 24 hours. So, in terms of the speed of transition to the production of an institution, this method is in no way inferior to personal delivery. In addition, this method does not require any costs. Therefore, the way how to file a complaint should be chosen by everyone based on their capabilities.

As a rule, the labor inspectorate considers the complaint within 30 days from the date of receipt in office work.

Anonymity rule

As a general rule, appeals to government agencies should not be anonymous. Applications without indicating the return address or the name and surname of the person who made it are not considered, except for cases of reporting on the facts of a threat to the security of society. Therefore, write your details accurately and truthfully.

But the legislator makes an exception for applicants who file complaints about violations of their rights by employers. In such a case, the complainant has the right to request that his identity be kept confidential when responding to the violation.

This is done so that in the future, in the relationship between the employer and the employee who declared, there would be no personal enmity and the consequences arising from this.

collectivity rule

Although the law does not explicitly state the privilege of collective complaints over individual ones, such complaints have a greater effect. Of course, the violation of the rights of the whole collective is a more serious act, which will have a certain resonance in society.

But this does not give the inspectorate the right to neglect the appeals of individuals. In addition, in order to send a collective complaint, it is not at all necessary that there is a violation of the rights of the entire team. Even with a single offense, it is possible for the whole team.

In addition to the appeal by the whole team or part of it, the trade union at the enterprise can send a complaint in defense of the interests of workers.

The appeal of the head of the trade union is automatically qualified as the appeal of the entire team.

Terms for applying

The general term for filing a complaint with the labor inspectorate regarding a particular violation is 90 days from the moment the employee became aware of it. At the same time, the fact that the employee did not know that this or that action of the employer is a violation of his rights is not a basis for restoring this period.

A complaint about illegal dismissal can be sent within one month from the moment when all documents were given to the employee.

These documents include:

• a copy of the dismissal order;
• employment history.

In addition, it is necessary to make a calculation with him. Until the full payment is made, the specified period does not begin to be calculated.

Powers of the inspectorate

In accordance with the law, the powers of the labor inspectorate include:

• supervision over the fulfillment of the requirements of the law in the field of labor relations;
• investigation of administrative violations of employers and making decisions on them;
• implementation of regulations, guidelines and recommendations to enterprises;
• sending petitions and resolutions to the authorized bodies on the fact of revealed violations.

In addition, the labor inspectorate is authorized to consider individual and collective complaints of workers, trade union appeals, and issue clarifications on various issues of labor legislation.

The reaction of the labor inspectorate

After filing a complaint against the actions of the employer, the inspection is forced to respond to it in a concrete way. The first thing an inspector must do is schedule an inspection. The date of the event must be communicated to the applicant in advance in writing.

In order for the inspection to respond to the application, it is necessary that it be drawn up correctly and with clearly defined facts of violation.

• inspection of the premises for compliance with the established working conditions;
• a survey of the team, which is conducted en masse or selectively;
• verification of internal acts of the enterprise;
• verification of accounting records.

A corporate secret cannot serve as a basis for refusing to provide the specified documentation. However, in this case, the inspector assumes the obligation not to disclose the information received about this secret.

Based on the results of the inspection, the inspector must draw up an appropriate act, which indicates the measures taken, the violations identified, and the testimony of employees.

• an instruction to the employer on the need to eliminate the detected violations;
• administrative fines.

In this case, the correction of violations is not a basis for exemption from paying a fine.

However, such penalties are applied when current violations are discovered that do not have serious consequences for the team, individual employee or society as a whole. If there is a gross violation or violations, such as non-compliance with safety equipment at the enterprise, dismissal of a woman who is in a state of pregnancy or a mother with a child who is under three years old, regular salary delays, the prosecution authorities are notified, and a complaint is filed with the judicial authorities .

The penalties applicable in such cases can be imposed both on the main officials: managers, accountants, and on ordinary employees responsible for compliance with certain rules.

• money penalty;
• removal from office;
• deprivation of the right;
• criminal liability in accordance with the violated norm of the Criminal Code.

Even if there is a request to maintain the confidentiality of the identity of the applicant, the inspector has the right to directly indicate it when transferring the case of violations to the prosecutor's office or court.

At the end of the audit, information on the results must be sent in writing to the applicant. In case of disagreement with the measures taken or refusal to satisfy the requirements, the applicant has the right to apply to the prosecutor's office or file a complaint with the court. At the same time, the response should indicate the necessary procedures that need to be carried out to restore the violated rights, as well as explain the rights of the applicant.

Inspector's refusal

Based on the results of inspections, the inspector may refuse to satisfy the requirements. Ideally, this is due to a lack of evidence to prove the violations alleged in the application.

In any case, the inspector is obliged in his response to the applicant to indicate all the reasons for the refusal to satisfy, to justify why the complainant's arguments were considered unfounded.

An inspector who has neglected his duties or possibly received a bribe should be complained to the head of the inspectorate or the prosecutor's office. Before that, it is necessary to make sure that there are good reasons and concrete facts confirming the applicant's suspicions.

If there is no answer

It is extremely rare, but still it may happen that the inspection does not receive a response to the employee’s appeal. The legislation establishes a thirty-day period for consideration and sending a response to the applicant. In this case, the refusal of consideration is not allowed. Delay is also a violation of the rights of citizens. And the lack of an answer becomes a reason to bring the official, in this case, the inspection staff, to responsibility.

For this reason, non-response is extremely rare. The reason for this, most likely, is the loss of an appeal in the mail or a failure in the system for receiving electronic appeals. In such cases, it is best to write another complaint indicating the secondary nature of the appeal.

If, upon repeated appeal after the expiration of the prescribed period, no response was received, confirmation of all appeals and at the same time violations on the part of the employer and the inspection should be collected and sent to the prosecutor's office.

Court and prosecutor's office

Not a single citizen or foreigner is limited in the right to apply to these bodies. However, it is better to contact the appropriate authority on the subject of their powers.

1. The courts are called upon to consider claims of a material nature. So you need to contact this body when the employer delays wages, refuses to pay the due compensation. You can also file a lawsuit in the event of illegal dismissal, which is also associated with material requirements.
2. The prosecutor's office responds to violations of the law. This body should be contacted in case of inconsistency of working conditions with the norms of legislation, periodic violations of workers' rights, discrimination, etc.

A substantive appeal provides a quick solution to the issue, since if the essence of the appeal does not fall within the competence of the authority, the applicant will receive a response only indicating that there is no authority to consider such situations and explaining the rights. That is, the applicant will simply lose time.

In the event of unlawful dismissal, the court must be contacted within a month from the date of receipt of all documents in hand. An appeal to the court is drawn up in the form of a statement of claim indicating the demand for reinstatement and recovery of damage caused by illegal dismissal.

Appeal to the prosecutor's office on the fact of violations of an administrative and criminal nature should be carried out with the provision of evidence. Without appropriate evidence, the prosecutor may not have sufficient grounds to conduct an audit. After all, the legislation on entrepreneurial activity provides employers with some protection from interference by government agencies.

However, this circumstance does not apply to cases that endanger the life and health of people, as well as public safety. If there are complaints on the specified grounds, the prosecutor's office is obliged to conduct an inspection, and the employer does not have the right to refuse admission to the premises and equipment at the enterprise.

In general, the legislation gives preference to the protection of the legitimate rights and interests of the employee, in comparison with employers.

When considering cases related to violations of labor legislation, state bodies and officials should proceed from the principle of presumption of guilt of the employer.

Short review

Protection of the rights of an employee is a priority area, both in legislation and in the activities of human rights state bodies and public organizations. So do not be afraid of dismissal and allow infringement of your rights. If a violation of the norms of laws is found, it is necessary to immediately present a claim to the employer.

In any situation, the first step is to try to peacefully resolve the conflict. Perhaps the employer is experiencing some difficulties in connection with the elimination of certain offenses. It is also possible that he is not aware of the circumstances, because there can be many managerial positions in the enterprise.

And, finally, no employer wants undue attention from government agencies. After all, not every company can boast of perfect compliance with the law. Any minor violations that can cause a large fine are always present. You just need to indicate to the employer the circumstances and possible consequences.

However, if the employer behaves excessively imperatively, threatens with dismissal or forces him to do so, in no case should this be allowed and agreed with him. According to the law, it is not so easy to dismiss an employee. It needs a really good reason to do so.