Complaint to the labor inspectorate anonymously: how to draw up, sample, deadline for filing Complaint to the labor inspectorate anonymously

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How to draw up a document correctly

When filing a complaint, you must adhere to certain rules for drawing up a document.

An application to the Labor Inspectorate consists of the following mandatory points:

a “header” is formed in the upper right part of the sheet. Information about the territorial body of the Labor Inspectorate where the complaint is sent, information about the applicant (full name, position, full name of the company where he works or where he left, address where the person permanently resides) is placed here. Current contacts (phone number, email) are also recorded;
the main part outlines the essence of the situation, the period of the employee’s work in the company, position, division. The following describes in detail violations of employee labor rights. Links are provided to articles of labor legislation and other legislative acts that were also violated, and for which the management of the organization must bear administrative responsibility;
after the main part of the complaint, the applicant’s requests are listed (for example, to conduct an unscheduled inspection at the enterprise, eliminate existing violations of the Labor Code, force management to fulfill their duties in accordance with the employment agreement, bring the perpetrators to administrative responsibility);
attachments to the complaint. Copies of the main documents related to the case (passport, employment contract, orders, accounting documentation, reports, salary statements, etc.) must be attached. You can also provide testimony from witnesses (other employees);
The complaint ends with a date and signature (with transcript).

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General concepts

The State Labor Inspectorate is part of the Federal Employment Service. Supervisory authorities exercise control on the territory of Russia and separately in each region. Employees of a unified centralized system are required to monitor the implementation of labor legislation, collective agreements, and agreements on the part of employers. In accordance with Art. 356 of the Labor Code of the Russian Federation defines the main powers of the state inspection:

supervision of compliance with labor regulations;
presenting mandatory instructions to the head of the organization;
inspection of documents for employees, company, trade union;
control over the calculation of wages and benefits;
legal information for employees;
removal from work of citizens who do not comply with the law;
bringing to administrative responsibility;
investigation of accidents at enterprises;
initiation of proceedings in court regarding violation of labor laws;
suspension of the work of government institutions and their divisions.

Labor inspectorate employees carry out scheduled and unscheduled inspections of organizations. Regulated control is carried out once every few years. Unscheduled supervision is carried out at the request of employees. Objects of regular inspections:

employment contracts;
personal cards of employees;
work record book;
working day schedule;
sick leave;
documents confirming a medical examination;
annual leave plan;
calculation sheets;
accounting statements on payments, bonuses, benefits to employees;
company charter, internal rules;
registration of employment of foreigners, preferential category of citizens.

A representative of the inspection may conduct documentary or on-site control of a comprehensive or thematic nature. An employee of the supervisory authority checks working conditions and compliance with the procedure for maintaining legal papers. The inspector has the right to demand the provision of any document if the basis for unscheduled control is a complaint from an employee of the organization. During an on-site inspection, the compliance of workplaces with the number of employees, the technical condition of equipment, transport, and internal premises are assessed.

Grounds for application

Any person can complain to the Labor Inspectorate about an employer, it does not matter whether he works at this enterprise, quit his job or wants to take a vacant position. There are many reasons for employee dissatisfaction, and each of them can be reported to the inspectorate.

List of citizens' complaints against employers:

non-payment or delay in payment of wages or other payments required by law;
the employer does not provide the opportunity to take advantage of the right to leave (labor or social);
groundless dismissal of an employee;
violation of labor conditions (salary reduction, transfer to another position without the employee’s consent, etc.);
illegal disciplinary action;
concealment of information about an industrial accident;
untimely issuance of a work book upon dismissal, delay in the issuance of settlement funds;
illegal calls to work on night shifts, weekends or holidays.

If we talk about applicants for vacant positions, they most often complain about employers who unreasonably refuse to provide them with work.

Dismissal of a working pensioner at the initiative of the employer.

Read here[/anchor] what benefits teachers and health workers are entitled to for utility bills ]read here[/anchor].

Didn't get paid for work without a contract: what to do, read the link:

Is it possible to contact the labor inspectorate anonymously?

GTI (state labor inspectorate) is an authority that regulates relations between working citizens and their employers.

Many workers are aware of the existence of such an organization, but they do not always go there if their rights are violated at their place of work.

The reason may be the fact that a working citizen simply does not have enough information on what to do or has fears of further aggravating the conflict situation. It is important to be aware of your rights and have information on how to complain to the labor inspectorate.

Reasons for complaint

You can complain for various reasons.

There may be several reasons for filing a complaint:

failure to comply with established deadlines for salary payments;
illegal or unjustified dismissal of an employee;
failure to comply with necessary working conditions related to the safety of life and health of citizens;
illegal deprivation or unreasonable reduction of vacation days;
violations in the field of labor legislation of pregnant women or women on maternity leave;
refusal to reinstate a position after illness or pregnancy;
lack of additional funds due for processing or working at night;
failure to fulfill obligations in the field of pension procedures and corresponding monthly transfers to the pension fund;
improper maintenance, completion and return of the work book if the employee ceases his work activity.

There can be a huge number of reasons for initiating proceedings in this area.

You can submit an anonymous complaint online.

There are several options for filing a complaint or getting advice.

Which method is appropriate depends on the urgency or importance of the situation:

Submitting an application via Russian Post. This method is the most reliable and effective, since an official written statement entails a mandatory response and corresponding actions on the part of the inspectorate;
Access using online services via the Internet. This is the simplest option and does not require much time. Its disadvantage may be that it cannot always be delivered to a specific inspection official and, accordingly, may remain unanswered;
Call the hotline. An easy way that does not require writing the complaint itself, but it is important to competently explain the situation to a service official. Otherwise, you may not receive a response, since the citizen’s specific statement will not be considered a basis for a response and the beginning of an inspection based on an oral statement;
A citizen contacts the inspectorate directly to file a formal complaint or receive advice. Choose this option if you need advice about the legality of your employer's actions and learn about specific labor law provisions in your situation.

After consultation with a labor inspectorate official, you will be able to file a complaint and receive an acceptance mark from the service.

The reason for the complaint must be indicated.

The legislation does not provide for any unified form for filing a complaint.

It is important that the application contains the following information:

Contact details of the person filing the complaint: telephone number, residential address, full name;
Information about the employing organization: location, legal address, information about the manager indicating his full name, work phone number, name;
A written explanation of the situation at the place of work with a description of all the circumstances;
Attach the necessary documentary evidence, if any;
At the end of the application, be sure to specify the actions necessary to regulate the situation with respect to the employer;
Signature/date of the applicant with transcript.

Among the documents attached to the written application, the following are important:

Employment contract;
Taking office in the form of an order;
Work book original or copy (if returned by the employer);
Photocopy of passport.

If for some reason an employee does not provide all the documentation from the list, this cannot be an acceptable reason to refuse to accept the complaint.

What to do if an employer violates the rights of its employees, delays payment of wages or unjustifiably dismisses them? In such a situation, several government bodies can deal with violations of labor relations at once: the prosecutor’s office, the court and the labor inspectorate.

In what situation does it make sense to write a complaint and is it possible to complain to the labor inspectorate anonymously - you will learn about all this from our article. We will talk about the causes of labor disputes and their solutions.

Causes of disputes

All relations between the employer and his subordinates are regulated by the Labor Code of the Russian Federation. Thus, according to Article 1 of the Labor Code of the Russian Federation, the objectives of the legislation are to ensure proper working conditions, control over the responsibility of the parties, as well as resolve conflicts.

Let's look at the main causes of conflicts, which often cannot be resolved peacefully.

Most often, employee complaints are related to violations such as:

The employer's reluctance to officially conclude an employment contract and pay a transparent white salary;
Delays on the part of the enterprise and its management in relation to wages and other required payments. Failure to provide annual paid leave is also a reason to contact the labor inspectorate;
Forcing management to overwork employees, unjustifiably transfer them to another position, reduce salaries or impose fines;
Failure to comply with labor organization standards established by law, concealment of an accident at work, forced dismissal.

There are also other reasons why employees make appeals to supervisory authorities. But most often complaints are related to financial issues.

Remember that an employer does not have the right to dismiss an employee without proper grounds. Unlawful dismissal can be appealed by contacting the labor inspectorate, for example, anonymously. It is also possible to file a collective complaint on behalf of all workers at the enterprise.

For any complaint received, departmental inspectors are required to conduct an unscheduled inspection of the enterprise in respect of which the letter was received. If facts of violation are revealed, the head of the organization is subject to penalties (instructions, fines). Sometimes criminal liability is applied.

How is an employer checked if the labor inspectorate complains about him anonymously? According to Federal Law 59, any appeal received by a government agency from a citizen must be considered within 30 days. During this period, the inspection is obliged to identify violations and send a response to the applicant about the results of its work.

In the event of a conflict with the employer, the dispute can be resolved by contacting regulatory authorities, for example, the labor inspectorate. You can do this in several ways:

Write an appeal personally, from one person. State the entire essence of the dispute and its evidence, and then wait for a response from the department.
File a collective complaint against the employer’s actions. In this case, the applicant is not a specific person, but an entire workforce that has faced violations of its rights.
Write an anonymous letter. This type of complaint is different in that the applicant, when drawing up an application, wants to keep information about himself secret and not disclose it to his supervisor.

We suggest you read: We tell you how to complain to the labor inspectorate

To the question of whether it is possible to complain anonymously, we answer: such a possibility exists. The desire to keep your data and not disclose it to your employer is most often associated with the fear of being fired or the possibility of worsening your relationship with your manager.

An anonymous complaint is a regular application to the labor inspectorate, which contains a request for non-disclosure of the applicant’s data to the employer. It is not allowed to submit a letter that does not contain information about the sender.

It is important to know that it is impossible to file an anonymous complaint if the conflict with the employer is related to a specific employee. In this case, the inspection must conduct a check regarding the applicant and compliance with his rights, which cannot be secret. An anonymous letter can be submitted if the employer, for example, systematically forces the team to overwork or delays the payment of wages to all employees.

How can I contact the labor inspectorate? If an employee has encountered violations of his rights by his employer, he must immediately file a complaint, since the time limit for filing a complaint is limited. There are several ways to send a letter anonymously:

Hand over the application and documents personally to an employee of the department.
File an anonymous complaint through the official website of the ministry.
Send the application and documents by registered mail.

You can file a complaint using any of these methods, indicating your desire to maintain the complainant's anonymity. Please note that the application must be submitted to the government agency located at the place of registration of the employer. Otherwise, the application will be rejected or redirected to another authority.

Complaints that contain conjectures and conjectures of the author will not be considered. It is necessary to indicate all aspects of the conflict and provide links to the evidentiary papers that are attached to the letter.

What to write in a complaint submitted anonymously? A sample application plan contains the header of the document (here you need to indicate information about the recipient of the letter, the employer and the applicant), as well as the main text of the application. In it you need to write about the timing of the work, the essence of the conflict and the desired requirements from the inspection. All stated facts must be confirmed by legislative acts.

What will happen next?

Now you know whether you can contact the labor inspectorate anonymously. But is there a time limit for filing an anonymous complaint?

According to Federal Law No. 59, no more than two months should pass from the outbreak of the conflict. A complaint for unjustified dismissal can only be filed within one month.

Is it possible to complain anonymously?

Many people know that there is no point in filing anonymous complaints, since no one will consider them. The situation is the same with applications to the Labor Inspectorate.

Since there is no personal or address information about the author of the complaint, there is nowhere and no one to report on the results of the investigation into the situation described in the complaint, and it is not known whose interests the inspection should protect.

Important! If you submit an application to the inspectorate, you have the opportunity to conceal your data, but only for the employer. That is, the applicant asks not to disclose his identity.

Usually in this case, something like this is written in the text of the complaint: “I ask you not to disclose my information as an applicant.”

Thus, the applicant is known to the inspection, and this is quite enough to give effect to the complaint sent. Indeed, inspectors inspecting (based on a complaint) an enterprise are not required to disclose the complainant’s data to management.

By writing a complaint indicating personal information, a person can hope that his appeal will be considered without disclosing information about him, and management will not be able to negatively influence this employee later.

How to anonymously send an application to an employer?

Government bodies, including the labor inspectorate, do not accept anonymous complaints and applications (documents that completely or partially lack the applicant’s personal data). In this case, there is no one to send notification of the inspection; there is no party in whose interests the inspection should act.

But there is a small nuance - the employee has the right to ask in the application for non-disclosure of his name and other personal data. This can be done using the phrase “Please do not disclose information about me as an applicant.”

In this case, the complaint will be anonymous only for the employer, but not for Rostrud employees. Inspectors have the right not to inform the employer about who exactly reported a violation of labor laws. A request for privacy is not an anonymous complaint, but it is the only way to protect yourself from retaliatory action from your employer.

Collective appeal

If an employer violates workers' rights, then most likely this affects not one, but several employees. In this case, it is better to file a collective complaint.

Typically, complaints from the entire team are related to labor discrimination against the entire department or workshop.

Sometimes complaints concern only one person, but all employees sign. If a collective appeal is being written, you can choose one representative on whose behalf the claim is written. The document indicates his personal data, but clarifies that this is the opinion of the collective of workers.

Watch the video. How to contact the Labor Inspectorate:

Where to go for help

The situation with violation of the rights of an employee is very sensitive, you can cope with it yourself, but there is no guarantee that after the conflict is resolved, the boss will not take vindictive measures in the form of a penalty, reprimand or dismissal. The Labor Code provides for the possibility of bringing an unscrupulous boss to justice by filing a complaint with the relevant authorities. There are several organizations where you can turn for help:

An employee can always write a statement to the labor dispute commission or trade union. These organizations are obliged to take control of the matter and hold the leader accountable.
You can also always use the help of a government lawyer, who will not only draw up a complaint, but also send it to the right authority, the tax or prosecutor’s office.
If it is possible to contact a private office, then this is also an excellent option, since bar associations, first of all, care about the interests of their clients and will help you correctly compose a letter; the anonymous complaint will be sent to the address.
You can get practical advice from a qualified specialist online directly on the website. Regardless of the time of day, a lawyer will help you deal with the most difficult situation.

Important: If you have encountered injustice and violation of civil rights, you should not leave everything as it is, the situation may worsen further, it is better to take action in time and defend your truth.

How to file a complaint

There are several ways to file a complaint.

The applicant himself chooses which method is more convenient for him:

personally take the claim to the Labor Inspectorate office;
use the services of the Russian Post and send a complaint by registered mail with notification. As proof of dispatch, the person retains the receipt and acknowledgment of receipt;
use the Internet and send a request through the website. This is a modern, convenient and fastest way to deliver a claim, although to do this you will have to register on the State Services portal. From here we receive information about the applicant, which is supplemented with various evidence (documents, photos or videos, etc.). You can receive a response to a complaint sent via the Internet in the same way or to a regular postal address (the method of delivery of the response is chosen by the applicant).

Can I apply online?

Any citizen has the right to file a complaint online on the official website of the labor inspectorate. To do this you need to do the following:

Let's go to the official website.
In the upper right part of the window, select “Login” and authorize or register an account. You can also log in through your personal account on the State Services portal.
At the bottom of the window, select the “Report a problem” tab.
In the “Select problem category” list, select the category corresponding to the reason for the request.
In the list and click “Continue”.
In the field “Information about the applicant” we indicate personal personal data.
In the field “The application is submitted against the actions (inaction) of the employer” we indicate information about the employer - name, legal and actual address, position of the applicant, INN/OGRN, type of organization, information about the employer.
In the “Description of the situation” field, we indicate detailed information about the existing violations.
Click on the “Attach” option and attach the necessary photos and/or documents. It is possible to upload no more than four files with extensions - *.jpg, *.png and *.gif.
In the column “Information containing the names of colleagues and management,” we indicate additional information that contains the names of colleagues and management.
Next, select “Please arrange a verification of the stated facts.”
We tick the box indicating consent to the processing of personal data.
Click “Submit Application”.

Disclosure of information about the applicant

If an inspection employee discloses information about the applicant, he will be held liable under Art. 6 part 2 of Federal Law No. 59, issued on May 2, 2006, which states that when considering workers’ complaints, it is prohibited to disclose information contained in the text of the document.

This also applies to information about the applicant’s private life if he has not given his consent. According to this article, it is not considered disclosure of the data reflected in the complaint if it is sent to government agencies, local authorities or an official who deals with such issues.

The inspector will not bear any administrative or criminal liability. Thus, no one gives a complete guarantee that secret or personal data that the applicant would like to hide will not be made publicly available.

It is also difficult to hide this information because the employer simply does not have the right to provide information or documentation that does not relate to a specific case. Thus, if the labor rights of a particular person are violated, there is no guarantee that any measures can be taken without disclosing his data.

So, there is no point in writing an anonymous complaint to the Labor Inspectorate, since the law does not oblige them to consider them.

Please note! It is not always possible to hide information about the applicant, since the case concerns a violation of his personal labor rights.

Sequence of steps

A complaint to the labor inspectorate against an employer looks like this step by step:

find out the coordinates of the territorial subdivision of the GIT, full name and exact title of the manager’s position;
correctly compose a written appeal;
attach to the application documents confirming the facts stated in it;
take the papers to the inspectorate or send them by registered mail with a list of contents and acknowledgment of delivery.

Find out how to get advice from the labor inspectorate here.

The following must be attached to the application:

a copy of the employee's passport;
a copy of the employment contract;
a copy of the hiring (dismissal) order;
copies of any documents confirming a violation of labor rights, at the discretion of the applicant.

If it is impossible to attach all the necessary papers due to the applicant not having them on hand, the State Tax Inspectorate must still accept the application for consideration and schedule an inspection. The inspector will require all documents from the employer.

Please note: when contacting the inspectorate in person, you must request that the application be registered. It is worth asking the clerk to sign a copy of the application, but he has the right to refuse. So, in the event of inaction by the State Tax Inspectorate, a postal notification of delivery of a letter of complaint is more reliable evidence that the application was submitted.

Time limits for consideration of a complaint on the merits

Complaints to the Labor Inspectorate, according to the law, must be considered within 1 calendar month. If we are talking about the illegal dismissal of an employee, the review period is reduced to 10 days.

The presence of a complaint is already a reason to conduct an unscheduled inspection at the applicant’s place of work.

Based on the results of the inspection, a decision is made in which the organization’s management is recommended to eliminate shortcomings and violations. In this case, a specific deadline for their correction is indicated.

Proceedings on the fact reflected in the claim

After receiving a complaint, GIT accepts it for work. Within 30 days you will be notified of the commencement of an investigation into the complaint.

The inspector requests documents necessary for the investigation, interviews individuals, schedules on-site inspections to check working conditions and takes other necessary actions.

At the end of the inspection, an act is drawn up that describes the recorded facts of the identified offenses, both in relation to the individual employee and the team.

The employer is ordered to eliminate the violations, a period is given, and a further inspection is carried out in the future. An administrative fine may also be imposed, or the collected inspection materials in case of serious violations are transferred to the prosecutor's office.

The applicant is notified of the facts of the inspection, the decision made, and the inspector notifies what the employee must do to restore his rights.

If the results of the inspection did not bring the expected result, or the employee believes that the inspector conducted the inspection incompletely or incorrectly, then the applicant has the right to go to court on the same fact, attaching a notice from the State Tax Inspectorate.

The actions of the inspector are also allowed to appeal to the higher management of the State Inspectorate.