Instructions: how to complain about an employer to the labor inspectorate

When is it legal to contact the labor inspectorate?

The basic rights and obligations of the employee and the employer are listed in Articles 21 - 22 of the Labor Code of the Russian Federation. If you believe that your manager is being unfair to you or breaking the law, please read these articles carefully. If you are convinced that your rights are being violated and the employer is not going to correct the situation, prepare a statement of violation of the employee’s labor rights to the State Labor Inspectorate (SIT). You can find out the addresses of inspections and get additional advice on the Rostrud website or on the Onlineinspektsiya.rf portal.

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From Petrov Petr Petrovich Address: 105023, Moscow, st. Veernaya, 115, bldg. 2, apt. 00 Tel.

Statement of violation of an employee’s labor rights

I, Petrov Petrovich, from January 20 to May 30, 2010, worked as a driver at EleksPolyus LLC (TIN/KPP 1011111111/111111111, OGRN 1234567891011, legal address: 104100, Moscow, Stromynka St., 53 , building 1. During the entire period of my working career, the management of ElekPolyus LLC constantly grossly violated my labor rights, guarantees and interests.These violations are expressed in the following.

1. In accordance with Article 84.1. According to the Labor Code of the Russian Federation, termination of employment relations is formalized by order (instruction) of the employer. The employee must be familiarized with the order (instruction) of the employer to terminate the employment contract against signature. In violation of the requirements of the above article, I was not informed of the order (instruction) on dismissal. Thus, EleksPolyus LLC (represented by its officials) violated Articles 68 and 84.1. Labor Code of the Russian Federation, and also my labor rights and interests were infringed.

2. In accordance with Article 84.1. of the Labor Code of the Russian Federation, on the day of termination of the employment relationship, the employer is obliged to issue the employee a work book. In violation of the requirements of the above article, I was given a work book only on October 17, 2007. At the same time, due to the delay in registration upon dismissal, it was difficult for me to get another job - I did not have a work book and it was difficult for me to explain to employers the date of my dismissal and the reason for the delay in registration. Thus, EleksPolyus LLC (represented by its officials) violated Article 84.1. Labor Code of the Russian Federation, and also my labor rights and interests were infringed.

3. 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 month on the day established by the internal labor regulations, collective agreement, or employment contract. In accordance with Article 84.1 of the Labor Code of the Russian Federation, on the day of termination of the employment relationship, the employer is obliged to make a settlement with the employee. In violation of the above articles, EleksPolyus LLC systematically delayed and constantly did not pay my salary (it did not pay the entire salary, but only part of it). As a result, during the period of work from “__” _______ 200_ to “__” _________ 200_, the employer incurred a salary arrears in the amount of 150,000 (One hundred and fifty thousand) rubles. Upon dismissal, no payment was made to me. Thus, EleksPolyus LLC (represented by 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 violated my right to receive earnings, guaranteed by the Constitution of the Russian Federation.

4. In accordance with Article 67 of the Labor Code of the Russian Federation, an employment contract is concluded in writing, drawn up in two copies, each of which is signed by the parties. One copy of the employment contract is given to the employee, the other is kept by the employer. The employee’s receipt of a copy of the employment contract must be confirmed by the employee’s signature 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 am experiencing difficulties in filing a claim in court to recover wages, as well as to collect compensation for other violations of the employment contract concluded with me. I don’t even know what the amount of “white” wages that was paid to me was. Thus, EleksPolyus LLC (represented by its officials) violated Article 67 of the Labor Code of the Russian Federation, and also violated my labor rights and interests.

Only the most significant violations are listed above. I am sure that the same is true for other employees.

I believe that the above actions of EleksPolyus LLC and its officials fall under Article 5.27 of the Code of Administrative Offenses of the Russian Federation (hereinafter referred to as the Code of Administrative Offenses of the Russian Federation).

In accordance with Article 23.12 of the Code of Administrative Offenses of the Russian Federation and Article 357 of the Labor Code of the Russian Federation, State labor inspectors, when exercising state supervision and control over compliance with labor legislation and other regulatory legal acts containing labor law norms, have the right:

- in the manner established by federal laws and other regulatory legal acts of the Russian Federation, freely visit organizations of all organizational and legal forms and forms of ownership, employers - individuals, at any time of the day, in the presence of standard certificates, for the purpose of conducting an inspection;

— request from employers and their representatives, executive authorities and local governments and receive from them free of charge documents, explanations, information necessary to perform supervisory and control functions;

— take samples of used or processed materials and substances for analysis in the manner established by federal laws and other regulatory legal acts of the Russian Federation, with notification of this to the employer or his representative and draw up a corresponding act;

— investigate industrial accidents in accordance with the established procedure;

— present employers and their representatives with binding orders to eliminate violations of labor legislation and other regulatory legal acts containing labor law norms, to restore the violated rights of employees, to bring those responsible for these violations to disciplinary liability or to remove them from office in the prescribed manner;

— send to the courts, in the presence of conclusions of the state examination of working conditions, demands for the liquidation of organizations or termination of the activities of their structural divisions due to violation of labor protection requirements;

— issue orders to remove from work persons who have not undergone training in safe methods and techniques for performing work, instructions on labor protection, on-the-job training and testing of knowledge of labor protection requirements;

— prohibit the use of individual and collective protective equipment for workers that does not have certificates of conformity or declarations of conformity, or does not comply with state regulatory requirements for labor protection (including the requirements of technical regulations);

— draw up protocols and consider cases of administrative offenses within the limits of authority, prepare and send to law enforcement agencies and the court other materials (documents) on bringing the perpetrators to justice in accordance with federal laws and other regulatory legal acts of the Russian Federation;

— act as experts in court on claims for violation of labor legislation and other regulatory legal acts containing labor law norms, for compensation for harm caused to the health of workers at work.

Based on the above, I request:

1. Conduct an investigation into this complaint and, if violations of the legislation of the Russian Federation are detected in the activities of EleksPolyus LLC or officials of this organization, bring the perpetrators to administrative responsibility;

2. In accordance with Art. 358 of the Labor Code of the Russian Federation, do not inform EleksPolyus LLC that I have written this complaint and that an inspection is being carried out based on my complaint;

3. Inform me about the results of the consideration of this complaint and the results of the inspection.

Attachment of copies of documents:

1.
Employment contract.
2.
Work record book.
Applicant ____________/Petrov P.P./

Date "____" December 2010

What violations should you complain about?

Often, an employee simply does not know what issues can be addressed to the labor inspectorate, considering violations to be a normal work process. But this is not so: an employee has the right to apply to the State Tax Inspectorate in response to any violations or facts of discrimination on the part of the employer. Carefully read the text of the contract, study the internal rules and job descriptions. Familiarize yourself with the procedure for granting vacations and sick leave. Often employers do not give vacation in the summer, forcing the employee to rest only in winter or autumn - this is illegal. The workplace must comply with labor safety standards. And fines for being late or not meeting the sales plan are a gross violation. It makes no sense to list them all - the list is huge.

Filing a complaint during a personal visit to the State Tax Inspectorate

On the Rostrud website, find the addresses of the State Labor Inspectorates of your region. Prepare 2 copies of the application. The inspector will mark one of them as accepted and return it to you. You can attach documents proving the violation to your application.

If you live in a remote place or other circumstances do not allow you to contact the State Tax Inspectorate in person, the post office will help you. In this case, you will have to write a complaint to the labor inspectorate against the employer with a notification of delivery and a list of attachments if the letter contains additional documents.

Is it possible to complain to the State Tax Inspectorate collectively?

Collective complaints are not just acceptable. They are an important signal that something inappropriate is happening in the organization. A collective complaint has advantages over an individual one in terms of properties:

• objectivity;
• mass character.

These characteristics indicate that the employee lacks spontaneity and personal opinion in drawing up a complaint. The document is based only on facts and the opinion of the interested majority. It can influence not only the involvement of State Inspectorate inspectors in the consideration of a conflict situation, but also the involvement of the media, which will increase the chance of considering a controversial issue in the right way.

Therefore, where there is a chance to act together, it must be used.

Where to apply online

The fastest way is to complain to the labor inspectorate online on the websites of Rostrud, Onlineinspektsiya.rf.

1. Rostrud is the official website of the federal service for labor and employment. Here you can write a complaint in two ways. On the main page you will see an active window - send a request. When you click on it, you will be taken to a form that you need to fill out. Then select the text written in advance on your home PC, attach it and additional documents, if any. Choose a method to receive a response, fill in your personal information and send your request.

2. The second method involves contacting the State Tax Inspectorate through the Onlineinspektsiya.rf service. On the main page of the portal, select the “Employee” window. The system itself will tell you how to file a complaint on the official website of the labor inspectorate and redirect you to select a problem. This is either a navigator with step-by-step instructions, or the ability to immediately send a statement about violation of labor laws.

3. The website Onlineinspektsiya.rf will allow you not only to send a complaint against the employer. Here you can find notices explaining the requirements of the Labor Code, you can make an appointment with an inspector, find out the most common violations and their solutions.

IMPORTANT!

Filing a complaint in the Onlineinspektsiya.rf service requires authorization on the State Services portal!

How to write a complaint to Rostrud

When filing a complaint when visiting the territorial office of Rostrud, the algorithm of actions is as follows:

1. You should make a written claim, reflecting the circumstances for the appeal. The document is prepared in two copies.
2. You must first make an appointment with the management of the Rostrud branch. This must be done no later than 5 days before the appointment through the official website of the service.
3. Once received, the complaint is registered. This is confirmed by the acceptance mark, which is placed on both copies of the complaint.
4. When the complaint is considered, the citizen receives a response through the communication channel he has chosen. You can receive either a written document in person or by mail, or an electronic version.

Documentation

In addition to the complaint, the applicant can provide a package of documents certifying the fact of the incident.

It includes:

• copy of passport to confirm identity;
• a copy of the contract drawn up upon hiring, as well as the work book;
• job responsibilities of a citizen, labor rules in the organization;
• sick leave;
• copies of the order imposing a fine or reprimand;
• other evidence of committed offenses.

You can attach any documents that could confirm that the employee’s rights were violated by the employer. If rude behavior or threats are made, it is necessary to have video and audio recordings available.

Sample

There is no single form of complaint provided by law. Therefore, the document is drawn up in any form. You can use an example sample of a complaint to Rostrud.

Download a sample complaint to Rostrud against an employer

Download a sample complaint to Rostrud about the inaction of the labor inspectorate

It is necessary to reflect the main sections in it:

1. Name of the authority that will consider the appeal.
2. Information about the applicant: last name, first name, patronymic, place of work and position held, residential address, telephone number, email address.
3. Description of the circumstances of the incident. You should describe the situation in as much detail as possible, noting the date and time.
4. An indication of what actions were taken by the applicant to resolve the conflict.
5. Date and signature of the applicant.

It is worth remembering that a complaint is an official document. It must be informative and compiled with the requirement of objectivity. It is prohibited to reflect incorrect information, threats and insults, as well as unnecessary information.

Deadlines

The deadlines for consideration of citizens' appeals are established by law:

• registration of the application – within 3 days;
• transfer of documents to the relevant authority - within 7 days;
• notification of the applicant about the consideration of the complaint - within 30 days.

Attention! If it is necessary to study additional information and conduct an audit, the period may be extended by another 30 days.

These deadlines apply regardless of whether the complaint is submitted in paper or electronic form. Even if the appeal is sent via the Internet, it is considered within the same period.

You can file a complaint with Rostrud if any labor rights of employees are violated. A citizen has the right to submit an appeal both in case of detection of unlawful actions of the employer and labor inspectorate specialists. The appeal is sent in paper or electronic form. If there is no response or a decision is made that does not satisfy the applicant, he may go to court.

Are anonymous requests considered?

In Art. 11 clause 1 No. 59-FZ “On the procedure for considering appeals from citizens of the Russian Federation” the question of how to contact the labor inspectorate anonymously or without indicating a return address is considered. In this case, the request remains unanswered. State in the application a request not to disclose the personal data of the person who wrote it - on the basis of Art. 358 of the Labor Code of the Russian Federation, you have the right to this. Art. 6 No. 59-FZ prohibits prosecution of a citizen in connection with his appeal in order to protect violated rights. Paragraph 2 of this article contains a prohibition on disclosing the applicant’s personal information without his consent. Sometimes this is difficult, since during an inspection the inspector is required to indicate its basis.

Anonymous letters and complaints

Will anonymous requests to the State Tax Inspectorate be considered or will such letters be immediately sent to the trash bin?

Any government agency is not obliged to consider anonymous letters, and the labor inspectorate is no exception. Complaining anonymously about an unscrupulous boss is useless. Such a letter is respected, but no action is taken.

What should I do? Situations are different, and the applicant is not always ready to provide personal data, especially if there is a risk of threat to the life and health of the employee.

In such a situation, make clear in your letter the need for confidentiality. Please provide your full name, address and contact telephone number. This data is required to send an effective response.

We draw up an application to the inspectorate

There are no legal requirements for how to correctly write a complaint to the labor inspectorate. Write in free form. Try to avoid unnecessary details and emotions. Try to make the presentation concise, clear, preferably in chronological order of the facts of violations. Study this sample on how to write a letter to the labor inspectorate, use it as a template, enter the necessary details and the essence of the problem.

Rules for drawing up a document

There is no legally established unified complaint template, so the employee can write it in any form. However, it is necessary to adhere to certain standards for writing such documents, namely:

• indicate the addressee, i.e. name and number of the labor inspectorate,
• own personal data (position, surname, first name, patronymic),
• the essence of the problem in as much detail as possible.

Also on topic: Procedure for appealing a traffic police decision

If you have problems drawing up a complaint, you can seek help from an independent lawyer (but this is a paid service), or take advice from a labor inspectorate employee.

When drawing up an application, you must refer to the violated provisions of the law (it is advisable to indicate specific articles), and also include a list of attached documents.

You should be extremely careful when writing a complaint, since it has the status of a legally significant document and can later serve when going to court.

All information contained in it must be reliable, errors must be allowed, and even more so, knowingly false information cannot be included in the document. Otherwise, if such facts are revealed, the employee may suffer a well-deserved punishment (for example, for slander).

How is the check carried out and what does it end with?

So, you wrote a statement. In a month you will receive information about the results of consideration of your application. The inspector will check the facts stated in the complaint on the spot. He has the right to interview employees and examine documents. Then an act is drawn up, which indicates the facts of identified violations and measures to eliminate them. The employer receives an order to eliminate them. Depending on the severity of the identified facts, the labor commission will impose a fine on the employer or transfer the results of the inspection to the court or prosecutor's office to initiate criminal proceedings.

Legal documents

• Articles 21
• 22 Labor Code of the Russian Federation
• No. 59-FZ “On the procedure for considering appeals from citizens of the Russian Federation”
• Art. 358 Labor Code of the Russian Federation
• 127
• 140
• 236
• 365
• 360
• 419 Labor Code of the Russian Federation