Examples of what complaints the labor inspectorate considers. How to complain to the labor inspectorate about an employer

It should also be borne in mind that if the boss does not agree with the order of the labor inspectorate, he has the right to appeal this order. Let's first figure out what labor inspection file a complaint against the employer.

The authority that controls the sphere of labor relations

The purpose of this institution is to monitor how employers comply with labor laws.

• personally bring the letter to the labor inspectorate;
• send a letter by mail;
• report the problem to the online inspection.

It is quite possible that a competent and reasoned report to the labor inspectorate, confidently placed on the manager’s desk, will be able to resolve the situation in favor of the employee, even without his direct appeal to this authority.

Let's do it collectively

Complaint about the order

According to Article 361 of the Labor Code of the Russian Federation, the manager can appeal the orders made by the labor inspectorate. The main thing is not to miss deadlines and not to violate the appeal procedure. There are two ways for this:

1. A complaint to a manager higher than the inspector who issued the order, or an appeal to the chief labor inspector in Russia.

If the inspector orders the manager to suspend his activities, this decision can only be appealed in court.

A complaint to the court against the order of the labor inspectorate must be filed within 10 days; there is no time limit for filing a complaint with the Federal Labor Inspectorate. The inspectorate must consider the application within 30 days. If this does not happen, the applicant has the right to go to court (no later than three months). If the superior inspector refuses, his decision can also be appealed to a court of general jurisdiction.

The complaint is drawn up in 2 copies: one copy to the office, the other to the applicant. It must contain the details and name of the labor inspectorate whose orders are being appealed. The applicant writes the details of his organization and address. The complaint must indicate the number of the labor inspectorate order. In the text, the applicant substantiates his demands, drawing the attention of the superior inspector to the illegality of the local inspector’s order, and asks to cancel the order or admit that the local inspector acted unlawfully.

An approximate sample can be viewed.

How to do it anonymously?

Can the manager recognize the author of the letter?

The inspector will not consider a letter unless the complainant's name is included. However, if there is a written request from the applicant not to disclose his full name, the inspector will violate the law ( Federal Law 558 of the Labor Code of the Russian Federation), if he provides the employer with information about to whom he owes the labor inspection inspection. The inspection is organized in such a way that management does not have the opportunity to understand which subordinate wrote the complaint.

What does the labor inspectorate check?

1. Contracts (labor, etc.).
2. Work records of all employees.
3. Reporting on the movement of workers' work books.
4. Personal cards of employees.
5. State schedule.
6. Vacation schedule, vacation notifications.
7. A timesheet that records working hours.
8. Payslips (are they issued to employees, etc.).
9. Local acts organizing internal regulations labor, wages, bonuses, personal data of workers (Article 87 of the Labor Code), protection of their labor (Article 212 of the Labor Code).
10. Management orders.
11. Payroll records, employee personal accounts.
12. Are employees familiar with all the documents organizing their work?

I changed my mind! I am writing a refusal!

The reason for an unscheduled inspection of an organization by employees of the state labor inspectorate is considered to be a complaint received by the agency that controls labor relations that the employer is violating the rights of employees. None legal act there is no indication of the possibility of withdrawing the complaint in order to refuse the inspection. It should still be carried out, because it may reveal administrative violations.

An employee, of course, can inform the state labor inspectorate that his conflict with the employer has been resolved. If found administrative violations this will soften the manager's punishment.

How to write a statement withdrawing a complaint? It should be similar in form to the complaint itself. In the header - an indication of the name of the labor inspection, its details, the applicant's full name, the position he occupies. In the text of the application - I, Ivan Ivanovich Ivanov, ask for the withdrawal of my complaint dated 05/01/2015 number (the complaint number is written), because . all disagreements with the employer are now no longer valid, all issues have been resolved. Something like this. Below is the signature and date.

In a democratic state, it is not the boss who is right. He who does not break the law is right. Labor inspectorate, court, prosecutor's office - here government bodies, where every employee can turn to restore their rights infringed by their manager. Inertia is not in fashion these days. The winner is the one who is not afraid to fight for the right to normal conditions labor.

The State Labor Inspectorate in Moscow protects the rights of working citizens, which are enshrined in Labor Code RF, but employers do not always strive to comply with them. In the event of labor disputes or gross infringement of the legal rights of workers, it is necessary to contact the Moscow State Labor Inspectorate. This body acts as a guarantor of compliance with labor law and is represented in each subject Russian Federation.

Every employee who believes that the employer is violating his labor rights has the right to contact the labor inspectorate with a complaint.
Labor inspection:

• Receives and considers written requests from citizens regarding violations of their labor rights
• Takes measures against employers to eliminate these violations

That is, you can contact the labor inspectorate if the employer:

• Illegally fired an employee
• Did not pay him wages or other compensation provided for by labor legislation
• Violates the schedule of working hours and rest time
• Violates the employee’s right to annual basic or additional leave
• Violates other labor rights of employees provided for by current labor legislation

To the labor inspectorate, according to Art. 360 of the Labor Code of the Russian Federation, not only an employee who is officially employed, but also any other citizen who believes that the employer illegally refused him employment can apply. The State Labor Inspectorate of Moscow has exactly the same functions.

This organization can be contacted by workers who are employed by employers registered in Moscow and the Moscow region.
Reception of citizens at the labor inspectorate in Moscow is carried out via electronic and “live” queue. Reception is carried out at different addresses.

Specialists at the labor inspectorate in Moscow provide consultations to citizens via Skype, and also give oral explanations over the phone. There is a hotline for this.

Complaint to the Moscow labor inspectorate

There are several ways to file a complaint with the Moscow Labor Inspectorate:

• Personally
• Send by Mail

When a citizen applies in person, there are no problems with filing an application. He must bring the complaint in 2 copies to the inspection. One copy of the complaint will be registered as an incoming document - it will be assigned a number. The secretary will put this number, as well as the date the complaint was accepted, on a copy that will remain with the applicant.
Within 30 days from the date of receipt of the application, the applicant must receive a response.

When sending an application by mail, it is necessary to issue the letter as a registered letter with a notification and a description of the contents. When the notice is returned to the applicant, it will indicate the date of acceptance of the letter. From this date, the “countdown” of 30 days begins.

When filing a complaint, the employee must indicate:

• Your data
• Your email address and phone number
• Employer details
• Its actual and legal address
• Type of organization – budgetary or extra-budgetary
• Your position
• Information about the manager

Then you need to describe your problem. This needs to be done competently, from the point of view of the Russian language and the style of address. No offensive language or jargon may be used. The complaint must be brief and meaningful, all facts must be reliable and verified.
The applicant can attach documents to the complaint in the form of attached files of various formats.

Then indicate your requirements, which you just need to tick. After this, the complaint can be sent.

Official address of the Moscow labor inspectorate

The official address of the labor inspection in Moscow is st. Domodedovskaya, 24, building 3. You can get to the inspection as follows - from Domodedovskaya metro station take buses No. 148, 694, 766, 274 or minibus No. 564m, 635m.

Reception of citizens on issues related to labor rights, on a “live” basis, is carried out at the address: st. Verkhniye Polye, 11, bldg. 1 page 1 (left side of a two-story commercial building), sign at the entrance “Basic labor protection center of the Southern Military District of Moscow”; from Art. Bratislavskaya metro station, then minibus No. 520 m, 517 m, 526 m, 5 stops to Krasnodonskaya street, 500 meters on foot.
Reception hours - Monday, Tuesday from 10-00 to 17-00 (lunch 13.00-14.00); Thursday from 09-00 to 13-00; Friday from 10-00 to 15-45.

Last updated March 2018

Violation of Labor Code norms and discrimination in the field of labor law are now, unfortunately, not uncommon for anyone: according to data social research, every fifth Russian has experienced infringement of labor rights to one degree or another. At the same time, the legislation provides that a citizen has the right to report non-compliance with Labor Code in the workplace in State inspection labor (GIT). In what cases can you report violations, how to correctly draw up and submit a complaint, what liability is provided for the employer - this is discussed in our article.

Who and in what cases can file a claim with the labor inspectorate?

In the current economic situation, it is difficult to find a person who has not at least once encountered or experienced labor discrimination. The question arises: what can an ordinary employee do in a situation where an employer violates his labor rights? According to the law, in this situation, every citizen has the right to report violations to the State Tax Inspectorate by filing a complaint. You can contact the Inspectorate if you have witnessed abuse by an employer, or if you personally experience discrimination.

Let's look at examples of illegal actions of the employer, having recorded which, you can contact the State Tax Inspectorate:

1. By hiring you, the employer violated the registration procedure.
   • if the employment contract does not contain information about the amount of salary, incentive payments and the conditions for receiving them, then you can safely contact the State Labor Inspectorate, as this is a violation of the Labor Code;
   • If you are a pregnant woman, then the employer does not have the right to place you on a probationary period;
   • When you were hired, you were not familiarized with the internal rules and regulations, after which penalties were applied to you for violating them.
2. In progress labor activity Various types of discrimination were applied to you:
   • A gross, but quite common violation is the refusal to grant an employee annual leave;
   • Wages are paid untimely and not in full, there are payment arrears;
   • You were not paid compensation provided for by the Labor Code (sick leave, vacation pay, etc.). Instead of sick leave, your manager forces you to take vacation “at your own expense”;
   • You are forced to work overtime, on weekends and holidays, translated to workplace, the conditions of which do not comply with the Labor Code standards.
3. Violations were committed during dismissal:
   • You were not notified of the dismissal/downsizing in a timely manner and in accordance with the established procedure;
   • upon termination employment contract You were not paid all the payments due (for example, compensation for unused vacation);
   • compensation was paid later than the day of dismissal;
   • on your last working day you were not issued a work book.

If you yourself or your colleague are faced with one of the situations described above, then you have every reason to file a claim with the State Tax Inspectorate.

As you can see, you can report violations not only during the period of work, but also after dismissal, if the termination of the employment contract was carried out in violation of the established procedure. If you were illegally denied a job ( for example, your employer forced you to undergo “ probationary period» without payment or registration), then you also have the right to report this to the Inspectorate.

How to file a complaint

The law does not establish the form according to which a claim must be made to the State Tax Inspectorate. You can file a complaint against your employer with the labor inspectorate by writing a free-form letter. At the same time, do not forget about the required details. In order to write a complaint correctly, you need to indicate basic information in the text:

• information about you as an applicant (full name, postal/email address for receiving a response);
• information about the employer (name of organization, address);
• essence of the claim;
• Your signature and date.

As for the description of the offense, when drawing up a statement you should adhere to the rules business correspondence. The information must be reliable and verified, reflect the objective state of affairs, and not your attitude towards a specific person (boss, colleague). At the same time, the essence of the complaint must be presented briefly and accurately, and unnecessary, unimportant details should be avoided. It is better if the statement is drawn up in the form of facts that you describe sequentially in chronological order.

Sample complaint

You can write a complaint to the labor inspectorate according to the sample below:

State Labor Inspectorate
Perm, st. Lenina, 23
from Kurochkin Valery Dmitrievich
Perm, st. Stroiteley, 28, apt. 47
contact phone: 147-15-84

On February 24, 2014, I was hired by JSC Monolit (Perm, Metallurgov St., 17) for the position of senior storekeeper, where I still work today. The employment contract stipulates that I work on a 40-hour work week with days off on Saturday and Sunday.

In March 2016, warehouse manager S.L. Petukhov. informed me orally about the change in schedule and the need to work on a day off (Saturday). These changes were not made to the employment agreement, and I was not paid any additional pay for working on weekends. When talking with Petukhov, I received an answer that the schedule will be officially changed from April 2016, the salary will be increased in proportion to the time worked.

After 3 months (June 2016), an agreement with a new schedule and salary was not provided to me, and therefore I turned to the head of Monolit JSC L.D. Skvortsov, having previously made an appointment. During a personal conversation on July 24, 2016, Skvortsov informed me that a 6-day working week has been introduced for me on an ongoing basis, but there will be no changes to the schedule and salary. If I have any objections, I can write a letter of resignation.

In connection with the above

1. carry out an inspection this fact and bring those responsible to justice;
2. ensure changes are made to work schedule and salary;
3. oblige JSC Monolit to pay me compensation for work on weekends in the period from 01/01/2016 to 08/01/2016.

Filing a claim

After the claim has been drawn up, you can contact the labor inspectorate in a way convenient for you:

Option 1. You can personally visit the State Tax Inspectorate and submit your claim to the responsible specialist. To do this, you must first draw up an application in 2 copies, on one of which the Inspectorate employee must sign and date it was received. You can attach additional documents to your claim that confirm your position (copy of the employment contract, statements, reports, etc.).

Option 2. If for one reason or another you do not want (or do not have the opportunity) to go to the GIT in person, you can use postal services. To do this, you need to send a letter with a notification and a list of attachments (if there are other documents besides the claim). Having received the envelope from you, the Inspectorate employee will check the presence of documents with the inventory and confirm receipt. You will still have a notification stub, which will indicate the date of acceptance of the document and the signature of the responsible person of the State Tax Inspectorate.

Option 3. The electronic option for submitting claims is becoming increasingly popular. How to write a complaint to the labor inspectorate online? This is very easy to do: you need to go to the official website of the labor inspectorate in your region and fill out the electronic form. By filling out an application online, you can:

• select the reason for contacting from popular list(non-payment of wages, violation of work schedule, discrimination during dismissal/hiring, etc.);
• quickly fill out a questionnaire about yourself and information about your employer thanks to a convenient format;
• inform the State Tax Inspectorate about the necessary, in your opinion, actions that should be taken against the employer (inspection, bringing the perpetrators to justice, administrative penalties, etc.).

Also in the application form you can indicate the method in which it would be convenient for you to receive a response (in the form of an email or postal letter).

The inspection has 30 days to process your application and notify you of the results, it does not matter how the claim was sent. If your claim does not fall within the competence of the Inspectorate, it will be transferred to the competent authority for consideration. This will be done within 7 days after registration, and you will receive a notification that the application has been redirected.

It should be remembered that the Inspectorate has the right not to consider your application if it contains direct threats or insults.

Anonymity

Many people are interested in the question: is it possible to file a complaint with the State Tax Inspectorate anonymously, without indicating the applicant’s personal data? According to the law, the Inspectorate has the right not to consider anonymous complaints. At the same time, when reporting violations by your employer to the State Tax Inspectorate, you can demand that your complaint be kept confidential. To do this, it is necessary to supplement the text of the statement with the appropriate phrase ( for example, “When conducting an inspection, I ask you not to disclose information about me as an applicant to the employer.”) or put a confidentiality mark on the electronic application form.

Collective complaint

You can report violations by your employer by filing collective complaint. As a rule, such appeals concern labor discrimination in relation to the team as a whole (department, workshop, division, etc.). At the same time, the law does not prohibit collective reporting of violations against one employee. When drawing up an appeal, you must indicate the full name of the representative on whose behalf the claim is being submitted.

Checking the fact of the complaint

If the appeal to the Inspectorate is drawn up correctly and contains substantiated information about violations on the part of the employer, then after the expiration of the 30-day period you will receive a notification that an inspection has been scheduled regarding the complaint.

When conducting an inspection, the inspector has the right to inspect working conditions, interview employees of the enterprise, and request for analysis necessary documents (for example, payroll records, if we're talking about about delay or non-payment of wages to employees). Upon completion of the inspection, the inspector draws up a report in which he records facts of violation of the Labor Code in relation to the employee or the workforce as a whole. Based on established offenses, the following measures may be applied to the employer:

• an order was issued, which indicates the need to eliminate certain violations within a specified period ( for example, pay Petrenko S.L. compensation for unused vacation until 08/01/2016);
• imposition of an administrative fine. The amount of the fine is set individually in accordance with the offense.

If serious offenses are detected, the results of the inspection may be submitted to the court or prosecutor's office to initiate criminal proceedings against the employer. In this case we are talking about gross violations labor legislation:

• violation of safety rules by the responsible person, which resulted in harm to the life and health of employees of the organization;
• dismissal of a pregnant woman or mother with a child under 3 years of age;
• systematic non-payment of wages (more than 3 months).

Various types of penalties, including fines and criminal liability, can be applied both to the top officials of the organization and to those directly responsible. For example, if an employee stated that he is forced to work in conditions that do not meet safety standards, then in this case not only the manager, but also the labor protection specialist is found guilty.

You will be informed about the results of the inspection and the measures taken against the employer by receiving a corresponding notification. The text of the notice will also contain information regarding your further actions (if this is a case of illegal dismissal, the notice will describe the procedure necessary for reinstatement at work). If the results of the inspection do not satisfy you or you believe that your rights have been violated by the actions or inactions of the GIT inspector, you have the right to defend your interests in court. To do this you need to create statement of claim, to which attach a notification from the State Tax Inspectorate. You can also complain about the inspector directly by sending an appeal to the head of the territorial office of the Inspectorate.

Question - answer

Question:
Employee of Element JSC Stepanova S.D. - mother of a 2-year-old child. In March 2016, Stepanova was fired due to the liquidation of Element JSC. Can Stepanova appeal to the State Labor Inspectorate with a claim for violation of labor rights?

No, in this case the actions of the Element management are legal. Since the company is being liquidated, it has the right to dismiss all employees, including pregnant women and mothers whose children are under 3 years old.

Question:
Employee of Status JSC Fedorov N.G. appealed to the State Tax Inspectorate due to non-payment of wages for the last six months. Can Fedorov, without waiting for a response from the Inspectorate, file a lawsuit?

Yes, filing a claim with the State Tax Inspectorate does not deprive Fedorov of the opportunity to protect his rights in another way. Nevertheless, lawsuit It is advisable to submit it after receiving a response to the complaint to the labor inspectorate. On the one hand, notification and an inspection report will be a valid basis for opening judicial proceedings. On the other hand, penalties may satisfy Fedorov’s requirements, and subsequent recourse to court will not be required.

Question:
An employee of StroyTekhMontazh LLC wrote a complaint to the State Tax Inspectorate on July 18, 2016. After 30 days, the employee did not receive a response from the Inspectorate. Are the Inspectorate's actions legal in this case?

In some cases, the State Tax Inspectorate has the right to additional time to process the application (plus 30 days). But at the same time, the applicant must be notified that the period for processing the claim is extended. In addition, anonymous requests, as well as statements with direct threats and insults, may be left unanswered.

If you have questions about the topic of the article, please do not hesitate to ask them in the comments. We will definitely answer all your questions within a few days. However, carefully read all the questions and answers to the article; if there is a detailed answer to such a question, then your question will not be published.

Many working citizens of the Russian Federation face violations of their powers by their employer. To resolve controversial issues regarding the legality of the labor process on the part of the management of organizations, a labor inspectorate was created. 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 discovery of the offense.

Grounds for contacting the labor inspectorate

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

Workers of various organizations can contact the labor inspectorate if labor relations have been documented between them and the management of the enterprise. A complaint may be filed with a regulatory agency 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;
• failure to provide earned leave. A subordinate has the right to complain against a manager if he does not pay the required compensation for a missed vacation;
• inadequacy of working conditions, which may lead to deterioration in the health of workers;
• non-compliance with legislative documents on labor protection;
• failure to comply with labor regulations;
• illegal reduction or dismissal;
• failure to pay benefits upon settlement;
• refusal to provide work book at the written request of the employee, or upon his dismissal;
  unjustified refusal to hire, when the employment center provides an applicant with a vacancy at a certain enterprise, and its manager refuses to employ a new employee;
• refusal to provide an employee benefits provided for by law;
• Issues related to work and pay on non-working days (weekends, holidays).

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

Submitting an 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.

Application for non-compliance labor relations can be served in three main ways:

1. personally. To use this method, the victim of the employer’s unlawful actions must personally appear at the supervisory organization with a complaint (in two copies) and related documents, and submit them to the office. Where inspection workers are required to put the date and incoming document number on the applicant’s copy;
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. send 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 violations 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 finds out who initiated the inspection, can demote or fire this employee;
• for a dismissed employee - fear of any actions on the part of the employer that could result in various unpleasant consequences for the former employee.

However, it must be taken into account that the labor inspectorate does not accept anonymous applications. Therefore, when submitting documents, the applicant will need to provide his information. The only way out of this situation is a written request, included in the complaint itself, for non-disclosure of information to the defendant. You will also need to verbally explain to the inspection staff the reasons for this request.

Submitting an application online

To apply online you need:

1. login to official page labor inspectorate of the relevant region;
2. on the website that opens, enter all the required data;
3. describe issues of concern;
4. attach a file with a scanned package of documents.

Besides this, a necessary condition is a clear indication of exactly what actions the employee expects from the inspection body:

• verification of the head of the enterprise;
• initiating administrative proceedings and bringing violators to justice;
• receiving advice on an issue of interest.

The following information must be included in the electronic complaint:

• last name, first name, patronymic of the victim;
• his address and telephone number;
• last name, first name, patronymic of the employer; legal and actual address of the enterprise;
• full name of the organization;
• 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 record book, applicant’s passport and others).

You also need to include the date the application was compiled and sent and the signature of the applicant. This complaint is considered within thirty days, after which email The applicant must receive a response about the measures taken, or a notification about the need to extend the inspection period.

It must be taken into account that complaints that do not contain necessary information about the applicant or employer, as well as anonymous applications, are not accepted or considered by the government agency.

Application consideration period

The labor inspectorate, like other government agencies, has established deadlines 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. Renew given period can only in cases of certain necessity and for no more than thirty days. If the period for consideration of the complaint is extended, specialists of the inspection body must notify the applicant in writing and indicate the specific reasons for such actions taken.

Inspection Check

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

• scheduled check. Performed in the absence of complaints. Basically, such inspections are carried out on organizations where an emergency occurred or where it was discovered large number violations of regulatory legal acts. Before starting the inspection, the inspector is obliged to notify the management of the enterprise in advance. The notification is drawn up in writing, indicating the start and end dates of the inspection; target inspection. Carried out upon receipt of a complaint. In this case,
• The inspector checks at the enterprise for the presence of violations specified in the application. If they are detected, the authorized person issues an administrative penalty to the violator, and also issues an order established sample to eliminate identified violations. The fulfillment of which the inspector will be required to check during the next inspection.

In addition, a representative of the inspection organization may contact the prosecutor's office, judicial institutions or take other response measures within his powers.

The powers of the labor inspector include:

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

A complete list of powers, duties and responsibilities of a labor inspector is provided in job description of an authorized person, which is signed by the organization’s lawyer and approved by the first head of the government agency.

Disagreement with the decision made

If the applicant does not agree with the decision made by the inspection body after the inspection, he can challenge it at the legislative level this result. To do this, you need to write a corresponding application addressed to the manager regional office labor inspection. If such an action does not bring the expected results, the offender can file a complaint with the main government agency of the labor inspection of the Russian Federation or appeal decision made in court.

Criminal liability

An employer may be held criminally liable if he does not pay wages. cash more than three months.

To do this, an employee who is owed wages must contact the law enforcement authorities with a corresponding statement and a certificate of debt. The employees of which, after conducting an inspection and establishing the fact of a violation, in accordance with Article 145.1 of the Criminal Code of the Russian Federation, will bring the employer to criminal liability.

There are situations when there is an urgent need to complain to the State Labor Inspectorate about any actions (or inaction) of the employer. At the same time, it is important for the applicant that his personal data does not appear in the complaint. It is possible to do something like this. Let's look at how to contact the labor inspectorate anonymously, how to make a complaint and how to convey it to the addressee.

Anonymous appeal

There is no specific standard for writing to the labor inspectorate. It is only important that it be written concisely, without emotion. It is necessary that the facts described in the application correspond to the actual state of affairs. If there are documents directly or indirectly indicating a violation of labor laws by the employer, copies of these documents should be attached to the complaint.

If the complainant wishes that his personal data not appear in the complaint, he must indicate this in the application. The request looks something like this: “Please do not disclose information about me as an applicant.” It should be noted that you still need to provide your personal data; without this, the complaint will not be considered. Thus, this statement will be anonymous only for the employer against whom the complaint is made.

Some facts

Penalty options, including fines and criminal liability, can be applied to the main persons of the organization, as well as to those directly responsible. For example, if an employee says that he works in conditions that do not meet safety standards, then not only the boss, but also the labor protection specialist may be guilty in this case.

An anonymous complaint to the labor inspectorate is a real opportunity to report violations on the part of the employer without fear of a negative reaction or retaliation.

The labor supervision inspector has the right not to disclose the source of information. Only this fact distinguishes the official filing of a complaint from an anonymous one. Essentially, in the full sense of the word, such a statement cannot be called anonymous. This is just one form of formal complaint, but without permission to refer to the complainant.

Responsibility of the inspector for non-disclosure of the identity of the applicant

Article 6, part 2 Federal Law No. 59-FZ states: “... when considering an appeal, disclosure of information contained in the appeal, as well as information relating to privacy citizen, without his consent." Therefore, it is not legally permitted to disclose the applicant's personal data.

In practice, the labor inspectorate employee is not responsible for publishing information about the citizen who filed the complaint. Therefore, there is no 100% certainty that as a result of the verification, the applicant’s personal data will not become available to the employer or other persons.

It is not at all necessary that the information leak will occur at the will of the inspector. As a rule, verification of a filed complaint also concerns the consideration of certain documents. The law prohibits requiring an employer to submit documents for audit that are not related to the complaint under investigation. Therefore, the inspector is simply forced to request for verification the documents of the employee who wrote the complaint (if this complaint is related to a violation of his rights).

The situation with anonymous statements from citizens is far from ambiguous. The outcome of each complaint is purely individual: in some cases the inspector manages to maintain the citizen’s confidentiality, in others not.

For information on the procedure for contacting the State Labor Inspectorate and consideration of complaints, watch the video

Grounds for complaint

Both the working employee and the applicant can appeal against the employer’s actions. vacant position. The list of reasons for a complaint is not exhaustive; a citizen can report to the inspectorate about any situation that violates his labor rights.

The most common grounds for employee complaints:

• Non-payment or untimely payment of salaries and other obligatory payments;
• Not providing labor or social leave;
• Unlawful dismissal;
• Various violations of working conditions: illegal transfer, salary reduction, etc.;
• Wrongful disciplinary action;
• Concealing an industrial accident;
• Delay in work record book or payment upon dismissal;
• Issues related to working nights, weekends and holidays.

The reason for a candidate's complaint about a position is most often a refusal to hire.

Whatever the reason for hiding your data, you must indicate it in the application - otherwise it will not be accepted and considered, since the labor inspectorate does not consider anonymous applications.

If an employee who has already been dismissed is afraid of his former employer, in the event of unlawful actions against him, he will have every right to contact the police, who will take the necessary measures. In addition, in the complaint itself you can make a request not to disclose data to the other party.

Sequence of steps

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

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

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.

Methods for filing a complaint

Let's look at how to deliver an anonymous letter to the labor inspectorate. Most effective way convey information - send a complaint by post, more precisely by registered mail with acknowledgment of delivery. This sending option assumes that upon receipt of correspondence, the addressee (in our case, the labor supervision inspector) will sign in the postal register that the letter has been received. After this, a notification will be sent to the sender that the addressee has received the letter in hand.

You can personally deliver a written complaint to the labor inspectorate office. In this case, you need to pay attention that the application is accepted by an employee authorized to take these actions, and the fact of receipt is recorded in a special register.

The next way to bring information to the attention of the labor inspectorate is to apply online via the Internet. This is quite easy to do. You need to go to the website of the State Labor Inspectorate of your region or to the Internet portal “Onlineinspektsiya.rf”.

These sites have special forms For feedback and submitting applications. You need to follow the steps step by step electronic service actions, including describing the essence of the complaint. At the same time, in the text of the application, if you wish not to disclose personal data, you must inform the inspector about this fact or check the box for submitting an anonymous application.

How to properly file a complaint

In order for a complaint to be fully considered, it must contain:

• Full name of the territorial labor inspectorate and full name of its head (this information can be found on the official website of the inspectorate);
• Information about the applicant: full name, address;
• Title (“Complaint” or “Application”);
• The essence of the appeal. A description of the situation in which, according to the applicant, the employer violated his rights. What, where, when it happened, what norms the employer violated (this point is not mandatory, the citizen does not have to know the content of all articles of the law), what harm was caused, what is confirmed. Here you should also indicate the full name of the organization where the violation of rights occurred, its legal address and, if possible, its tax identification number.

Conditions for writing a complaint to the labor inspectorate online

In order for a complaint to be considered appropriately, the following conditions must be met:

• Please provide correct applicant information in your application. Anonymous requests remain unconsidered.
• The essence of the appeal is the most concise and objective text, without unnecessary emotions and experiences. The writing style is businesslike.
• The facts stated in the complaint must be reliable and verified.
• The text of the letter should not contain obscene language, insults or slander.
• If possible, attach scanned documents confirming violations of employee rights to the complaint.

Watch the video about a complaint to the labor inspectorate

Contacting the labor inspectorate from the official website

You can file a complaint with the labor inspectorate on the official website onlineinspektsiya.rf.

Since January 1, 2017, there have been major changes when submitting an application to the labor inspectorate online. In order for the inspectorate to conduct an unscheduled inspection of an electronic application, the applicant must be authorized through account V unified system State services (www.gosuslugi.ru). Such innovations appeared in Part 3 of Art. 10 of the Law “On Protection of Rights legal entities And individual entrepreneurs..." (No. 294-FZ dated December 26, 2008).

Additional information

Main documents that must be attached to the application: 1) Employment contract. 2) Order of appointment to a position. 3) A copy of the work record book (if the applicant has one). 4) A copy of his passport. As additional documents, you can select any documents that the applicant considers necessary when considering his application (office memos, email correspondence, etc.)

Therefore, the action algorithm for online complaints to the inspectorate it now looks like this.

1. Registration on the State Services website. You must fill out the form indicating your full name, email address and mobile phone number.
2. Login to the labor inspection website via personal account State Services website.
3. Select the “Report a problem” tab on the page. When you select such a tab before authorization, the system itself will offer to go to the State Services website and register there.
4. Select a problem category from the suggested options (for example, “ wages» in case of delay in payments from the employer).
5. Choose one of three options that the applicant would like to see as a result of consideration of his application: conducting an unscheduled inspection, bringing the employer to administrative responsibility, or consulting an inspection specialist.
6. Fill out all fields of the request form.
7. Click on the “Send request” button.

A confirmation will be sent to the email address provided by the applicant. From this moment the 30-day period begins for the inspection to consider the complaint.

Review and response timeframes

The legislation stipulates that no more than 1 calendar month should pass from the receipt of a complaint to its detailed consideration. If the complaint concerns illegal dismissal, then the period for consideration of the application is limited to 10 days.

After checking the application, Gov. The inspectorate must conduct an unscheduled inspection of the organization against which the complaint was received. Then a decision is made with an order to the management of this company to correct the violations by a certain date.

Actions of the labor inspectorate after receiving a complaint

Within 30 days after receiving the complaint, the inspector examines the arguments stated in it and conducts an inspection. If during the inspection of a specialist, violations of labor legislation are confirmed, at the end of the inspection the following scenarios are possible:

• Issuance of an order to eliminate violations;
• Bringing the employer to administrative or criminal liability;
• Temporary suspension of the enterprise;
• Suspension of individual employees.

If the arguments of the online complaint against the employer to the labor inspectorate are not confirmed, the applicant is sent an appropriate response.
Leaving a complaint without consideration or without a response is possible, as a rule, if there is no personal data in the application: full name, address.

The table lists the options for labor inspection inspections

Planned

It is carried out without an application - on the initiative of the inspector. Most often, they are subject to enterprises where an accident has previously occurred or numerous violations have been identified. Before carrying out such an inspection, the inspector first warns the management of the organization.

Target

Carried out at the request of the employee. Any complaint, as a rule, entails an inspection by the inspector whose territory the enterprise belongs to. When visiting a company, an authorized person first checks the violations described in the application. If they are identified, the inspector will issue a fine and also issue an order to eliminate them, compliance with which he will check during a second visit. Also, depending on the nature of the violations, the inspector may not limit himself to an order, but take more stringent measures in accordance with his powers.

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