Deadline for contacting the labor inspectorate and appealing the dismissal order

19.08.2019

4 min.

A citizen with whom cooperation has been terminated, if illegal actions are detected on the part of the head of the enterprise, has the right to contact the labor inspectorate. To protect your own interests, it is necessary to timely file a complaint with the supervisory authority to carry out an unscheduled inspection. Missing the deadlines established by federal law will not allow the employee to defend his rights and freedoms.

When can you complain about an employer to the labor inspectorate?

An employee can contact the labor inspectorate if his labor rights are violated (Article 353 of the Labor Code of the Russian Federation). The labor inspectorate is obliged to conduct an inspection if:

the company does not pay wages (or the deadlines for their payment are violated);
the employee was illegally dismissed;
the employee was not allowed to take annual paid leave;
actual time worked was not fully paid, etc.

You can find out the address of the nearest labor inspection department, find its phone number and even file a complaint on the website onlineinspektsiya.rf, as well as on the official portal of Rostrud.

Inspection powers and verification

It all depends on the nature of the violation that was indicated in the application, but the possibility of discovering additional problems during the inspection is not excluded. The powers of the state labor inspectorate are as follows:

Detection and recording of cases of evasion of compliance with legal norms.
Recording cases of administrative violations and their consideration.
Collection and forwarding of information about illegal actions to higher executive authorities.
Drawing up recommendations and instructions based on detected inconsistencies with current labor legislation.

It is worth noting that the inspection itself, based on an application from a former or current employee, may be unscheduled. In this case, the actions and movement of the inspector can be strictly limited by the management or security service of the enterprise to those internal departments from which he can obtain the necessary answers. The inspection must notify the organization of such an inspection at least one day before arrival.

The inspector must present his official identification and instructions. These two documents make it possible to legally justify the reason for his visit. If there are several such people, all of them must be provided with correctly executed papers.

It is worth noting that if a dismissed employee appeals to a government agency regarding the payment of the salary that he received in “gray” form, he will face failure.
Therefore, it is better not to contact them about this, but to try to resolve such issues yourself. After all, the employee in this case bears part of the blame for the current situation. The act drawn up during the inspection, which indicates all identified violations and gives instructions for their elimination, is mandatory for execution by the employer. Fines for evasion are quite high, so an organization or individual entrepreneur will be interested in paying the former employee the required compensation. In 2015, they were revised and range from 30 to 200 thousand rubles, depending on the nature of the organization.

Ways to file a complaint

You can file a complaint:

Personally

To file a complaint directly with the labor inspectorate, you need to:

Prepare an application. It will need to indicate:

FULL NAME. and the applicant's telephone number;
name of the employing organization;
document's name;
essence of the problem;
a request to consider the complaint, hold the employer accountable and restore the violated rights of the employee;
date of document preparation.

Fill out two copies of the application - one is submitted to the labor inspectorate, and the second, with a receipt stamp, remains with the employee.
Find out the address of the nearest branch.
Personally submit the complaint to the reception or office.

Download a sample complaint to the labor inspectorate against an employer about non-payment of compensation upon dismissal

By mail

If you do not have time to visit the inspection in person, documents can be submitted by mail. The application must be sent by registered mail with acknowledgment of receipt and a list of the contents. It is the notification of delivery that will confirm that the employer actually received the letter in the event that the conflict has to be resolved in court.

Through the Internet

To file a complaint without leaving home, you can use the online services of the Labor Inspectorate:

Rostrud website . Required:

go to the government agency’s website;
click on the “Send a request” button in the upper right corner;
in the form that opens, select the topic of the appeal - “Consult on the questions asked” or “Organize a verification of the stated facts”;
attach the text of the complaint and, if necessary, documents confirming the accuracy of the information contained in it;
indicate information about the sender - full name, email and phone number;
choose the method of sending the response – email or regular mail;
indicate information about the organization - name, actual and legal address, TIN, OGRN and information about the director;
provide consent to the processing of personal data by checking the appropriate box;
click the “Submit” button.

Website Onlineinspection.rf . Necessary:

go to the labor inspection website;
select the “Report a problem” service;
Find the category to which the problem belongs - for example, hiring or firing;
choose a specific problem to solve;
indicate what result should be achieved after considering the application - providing advice or conducting an inspection;
log in to the website with the login and password from the State Services portal;
indicate information about the organization - name, actual and legal address, TIN, OGRN and information about the director;
enter your personal data;
state the complaint in free form;
submit your application for consideration.

Responsibility for violation of labor laws

- wages:

illegal change in the terms of payment of wages;
non-payment of all amounts upon dismissal of an employee, etc.

-conclusion, termination or amendment of an employment contract:

improper execution of the employment contract (written form, mandatory conditions, etc.);
absence of an order for employment or absence of mandatory familiarization of the employee with such an order;
violation of the rules for storing or maintaining work records;
failure to comply with the deadline for familiarizing the employee with the amended terms of the employment contract;
conclusion of a civil contract instead of an employment contract, etc.

- work and rest schedule:

lack of local regulations that regulate the schedule of working hours and rest time;
recalling employees from vacation without their written consent;
failure to provide employees with vacations established by law, or provision of vacations of shorter duration, etc.

We invite you to familiarize yourself with: Certificate of suspension of work under a labor protection contract
:

lack of mandatory certification of workplaces;
violation of requirements for employees to undergo a medical examination;
lack of training of workers in labor safety rules;
violations during the investigation of accidents that occurred at work, etc.

- compensations and guarantees provided for by legislative acts:

failure to provide guarantees and compensation when moving to work in another area, sending an employee on a business trip, etc.;
failure to provide guarantees established by the Labor Code of the Russian Federation to pregnant women, minor citizens, etc.

- application of disciplinary sanctions:

violation of the procedure for holding an employee accountable;
violation of the period during which a disciplinary sanction may be applied, etc.

- advanced training;

- adoption of local regulations.

-civil law:

compensation to an employee for earnings (income) he did not receive in the event of illegal deprivation of his opportunity to engage in labor activity (Article 234 of the Labor Code of the Russian Federation);
full financial liability of the manager for direct actual damage caused by him to the organization (Article 277 of the Labor Code of the Russian Federation);
compensation to the employee for lost earnings, as well as additional expenses (for treatment, food, purchase of medicines, etc.) in connection with a work injury or other damage to health (Chapter 59 of the Civil Code of the Russian Federation), etc.

-disciplinary.

officials of organizations (employers - individuals) found guilty of violating the requirements of legislative acts that contain labor law norms bear responsibility, including disciplinary liability, in the manner and in cases provided for by law (Article 362 of the Labor Code of the Russian Federation).

-administrative:

violation of regulations on labor and labor protection (Article 5.27 of the Code of Administrative Offenses of the Russian Federation);
illegal dismissal of employees (Article 5.34 of the Code of Administrative Offenses of the Russian Federation);
failure to comply with the instructions of the controlling (supervisory) body (Article 19.5 of the Code of Administrative Offenses of the Russian Federation), etc.

- criminal:

violation of labor protection rules (Article 143 of the Criminal Code of the Russian Federation);
non-payment of wages (Article 145.1 of the Criminal Code of the Russian Federation), etc.

Criminal liability for violation of labor legislation can only apply to officials of the employer (employer - individual) who are found guilty of committing crimes by the court. It does not apply to legal entities.

In case of violation of the labor rights of workers, they have the right to seek help from the Labor Inspectorate. This is a state-authorized body, which, according to the norms of the Labor Code of the Russian Federation, is called upon to consider complaints received from the population. The content of the complaints is violations of the labor rights of citizens, ranging from unjustified refusal to hire and ending with non-payment of wages. The procedure for contacting the Labor Inspectorate is accompanied by several conditions: the form, content and period for consideration of the complaint.

Consequences for employee and employer

Based on the results of the inspection, the inspector draws up an act - it describes the subject of the inspection, indicates a list of documents and processes inspected, and also summarizes the results of the audit.

If violations are identified during the inspection, the inspector issues an order to eliminate them. If an administrative or criminal offense is identified in the employer’s actions, the inspector imposes a fine on the employer or transfers the inspection materials to the court or prosecutor’s office to initiate criminal proceedings. In addition, the inspector issues a decision on the restoration of the employee’s rights - payment of wages, invalidation of the dismissal, provision of leave, etc.

Lawyers' recommendations

Specialists in the field of labor law are faced with facts of violations every day, and therefore make some recommendations regarding the restoration of their rights.

Kurbanova D.A., lawyer: “The more factual material is presented in the complaint, and the less emotion there is in it, the easier it will be for the GIT inspector to understand the problem. Don't be afraid to stand up for your rights. Work is not slavery."

Ekaterina Kasenova, lawyer: “If the applicant is not satisfied with the results of the inspection, he can submit an application to the head of the territorial office where his complaint was considered. If the rights of the complainant are violated by the inspector, the applicant has the right to go to court in accordance with Art. 361 Labor Code of the Russian Federation."

Employer compliance with labor laws is mandatory for enterprises of all forms of ownership. Ignoring laws and violating them is a serious reason for an employee or group of employees to contact the State Labor Inspectorate and defend their rights.

Deadline for filing an application with the labor inspectorate after dismissal

The legislator does not establish deadlines within which it is necessary to contact the labor inspectorate after dismissal. This means that you can contact the inspectorate a year after the termination of the employment contract - but it is important to remember that the sooner the proceedings begin, the greater the chance that violations, if they really exist, will be identified.

But the time frame for going to court after dismissal is limited - in general, you need to file a claim within 3 months from the date of violation of the employee’s rights. Disputes about dismissal are considered within a month, and disputes about wages - within a year from the date of dismissal (Article 392 of the Labor Code of the Russian Federation).

Certain nuances of considering a complaint

Sometimes applicants raise issues in complaints that do not relate to the competence of the Labor Inspectorate. In this case, the complaint should not be returned to the applicant without a response. On the contrary: within 7 days, the Labor Inspectorate forwards the complaint to the appropriate body or official responsible for the issues contained in the appeal. The applicant must be notified that his application has been sent to the correct address.

https://www.youtube.com/watch{q}v=z-1Gwxqg-us

Based on a written request, inspectors working with complaints make one of the decisions: an order, a resolution. These are different documents that give rise to legal consequences for employers.

Labor Dispute Commission

Filing a complaint to the Labor Inspectorate is the most common way to resolve various types of controversial situations between an employer and an employee. This is the main authority specializing in considering such issues.

The application procedure stipulates that any person has the right to send a request. You don't even have to be an employee of the company. For example, if a person was wrongfully denied a job, he can contact the Labor Inspectorate to protect his rights. In fact, he is not an employee of the company.

The competence of the Labor Inspectorate includes:

conducting inspections at the enterprise to identify the circumstances of the case specified in the received complaint;
imposition of penalties, administrative penalties;
issuing directives regarding the elimination of mistakes made by the company's management.

Regarding any officially sent appeal, a detailed consideration of the case must be carried out and a response must be issued. If the issue cannot be resolved by representatives of this organization, then it can be resolved in court. The reason is that not all issues can be resolved by the Labor Inspectorate. An important feature is the absence of the ability to force the employer to do anything. That is, if the manager refuses to pay any compensation, then the Labor Inspectorate will not be able to forcefully collect anything from him. Cases of this kind are then considered in court. Both the directly injured party (the employee who applied) and a representative of the Labor Inspectorate can act as a plaintiff in such a case.

The same applies to issues regarding compensation for moral damage. According to the rules, if the requirements stated in the application to the Labor Inspectorate are satisfied, it is possible to receive only compensation for the actual damage caused (for example, arrears of wages). Receiving moral damage is possible only in court.

By the way, it is important to immediately take into account: a complaint can be considered only if all the necessary information about the employee is provided. Simply put, anonymous requests will not be considered in this case, since the Labor Inspectorate can only provide a response to a specifically designated person. If the applicant is not indicated, then the organization has every right not to respond to such an appeal.

Employees of the organization have the right to leave unanswered any appeal that contains obscene speech or threats. In addition, if a person wrote a complaint manually, then the institution’s employees have the right not to accept it, citing illegible handwriting. All these nuances must be taken into account so as not to miss the opportunity to protect your rights. Such grounds are not objective reasons to postpone the deadlines allocated for sending similar requests.

It is important to adhere to a business style of writing, as well as type complaints on a computer in order to avoid annoying misunderstandings and generally not lose the opportunity to contact the organization.

Employer's liability

There are the following types of employer liability in the event of unlawful dismissal of an employee:

material - consists of payment of compensation for forced absence and - if such claims are satisfied - moral damage;
administrative - under Part 1 of Article 5.27 of the Code of Administrative Offenses of the Russian Federation in the form of a fine for an individual entrepreneur from 1 to 5 thousand rubles, for a legal entity - from 30 to 50 thousand rubles, for an official - from 1 to 5 thousand rubles;
criminal liability in relation to a person registered as an individual entrepreneur or for a manager (if a pregnant woman or an employee who is raising a child under three years of age alone has been dismissed) - punishment is imposed under Article 145 of the Criminal Code of the Russian Federation.

If the court decision on reinstatement has not been executed, then criminal penalties can be used against the person who committed such failure.

Responsibilities of the supervisory authority

The main activity of the labor inspectorate is to monitor compliance with the rights and interests of working citizens, resolve disputes that arise between employees and employers, and restore justice in each individual case.

Please note! In addition to general state control over the activities of employers in terms of compliance with the requirements of labor legislation, the state inspection performs the following functions (Articles 353, 354, 356 of the Labor Code of the Russian Federation):

Analysis of identified violations, as well as the reasons for their occurrence, with subsequent elimination and restoration of the violated rights of citizens;
Consideration of cases on bringing guilty officials and employers to administrative responsibility;
Verifying the correctness of investigations into industrial accidents;
Participation in accident investigations;
Analysis of the causes of industrial injuries with the subsequent development of an action plan for its prevention;
Participation in legal proceedings as an independent expert;
Carrying out unscheduled inspections at enterprises in cases of receiving signals about violations of the rights of working citizens;
Requesting information necessary for carrying out supervisory activities from executive authorities and employers;
Collection of materials and substances used by the employer for the purpose of analysis;
Issuing instructions to the employer to eliminate identified violations;
Appeal to the courts with demands to suspend or terminate the production activities of individual enterprises and organizations on the basis of an expert opinion;
Imposing a ban on the use of special protective equipment in the absence of certificates for their use.

The opinion that employees of a state supervisory body react exclusively to complaints received by the inspectorate is fundamentally wrong. The labor inspectorate is empowered to carry out not only planned exits, but also to conduct unannounced inspections of the activities of individual organizations.

Watch the video. How to write a complaint correctly: