Complaint to git sample. Rules for filing and sample of a collective complaint to the labor inspectorate

How to fill out an application and contact labor inspection online? What does the labor dispute inspectorate check? How does the labor inspectorate check an employer?

Cases of violation of workers' labor rights are widespread. Most people perceive injustice from their superiors as an inevitable nuisance and do nothing for fear of retribution in the form of sanctions or dismissal.

Meanwhile Russian legislation has a full arsenal regulatory documents and administrative levers to protect the rights ordinary worker, and put any tyrant boss in his place.

Welcome to Valery Chemakin, a legal consultant, and this article will talk about such a useful service as the labor inspection. You will find out how effective its protection is.

At the end of the article you will find an overview of several law firms whose employees will help resolve your disagreements with your superiors.

1. What is a labor inspection and what does it check?

Labor legislation includes many rules and regulations that govern the relationship between employees and employers.

On the part of the latter, labor law is often ignored, which contributes to the emergence of. Read about the essence of this concept in our special article.

To resolve them, a labor inspectorate has been created in Russia, contacting which gives workers the opportunity to defend their rights out of court. All employers are required to comply with the decision of this body or appeal it to the court. The inspectorate is subordinate to the Ministry of Labor and social protection population.

Control and supervision in the field of labor relations, conducting labor safety inspections, considering complaints - this is not all that the State Labor Inspectorate does.

Types of activities of the labor inspectorate:

conducts inspections of employers (scheduled and unscheduled) to identify and suppress violations of labor legislation;
monitors the progress of inspections on industrial accidents;
checks the legality of payments of social benefits;
controls the activities of guardianship authorities in terms of work with incapacitated citizens;
permits in government institutions;
conducts awareness-raising work;
conducts an examination of harmful production conditions;
assesses the state of affairs with labor protection at enterprises.

Another name for this service, represented in all regions, is Rostrud.

2. When to contact the labor inspectorate - overview of the main situations

The powers of the labor inspectorate are such that the inspector has the right to come with an inspection not only according to a previously agreed plan, but also unscheduled. This is possible when complaints are received against the employer from employees, but (read a separate article about its functions) they are not able to resolve the conflict.

Since the labor inspectorate is a state regulatory body, an unscheduled inspection is also appointed to monitor compliance with the order after the deadline for eliminating violations has expired. What are the grounds for conducting an unscheduled inspection by the labor inspectorate?

Situation 1. Delay or non-payment of wages

The law establishes that an employee must receive a salary twice a month. The employment contract clearly states the payment dates. If an employer systematically delays wages or does not pay them in full, the employee has the right to appeal to the inspectorate with a complaint. By the way, you don’t have to go to work until the debt is paid off. You will also be paid for the forced downtime later.

Situation 2. Incorrect calculation of compensation upon dismissal

On the day of dismissal, the employee has the right to receive a full payment, taking into account all due compensation. If the employer did not do this or deceived the resigning employee, then the labor inspectorate will impose a fine on him, even if he is an individual entrepreneur. In addition, he will oblige you to pay every penny.

Situation 3. Non-payment of benefits

Russia - welfare state, That's why large number citizens refers to preferential category. They are entitled to benefits, the payment of which depends on many factors. The authorities administering these payments sometimes commit violations and deny citizens their legal right. In this case, you also need to contact the inspectorate.

Example

Nikolai Pavlovich lived in a remote village and, as long as his health allowed, he raised bees. Several years ago, he bought his minor son an apartment in the city with the expectation that he would go to university and need his own housing. Then Nikolai Pavlovich fell ill and had to sell the apiary, but he had a northern pension.

My son started studying and applied for social scholarship, but he was refused, citing the fact that he and his father had sufficient income and also had their own apartment.

The guy turned to me for advice, I advised him to contact the labor inspectorate. After all, he lived in the apartment alone, was of age at the time of applying for a scholarship, which means that the father should not be taken into account as a family member in the calculation.

It helped. Literally a few days later he was given a certificate according to which they began to pay a stipend. The most interesting thing is that the inspector only had to call social security and warn that they had committed a violation.

Situation 4. Refusal to exercise the right to leave

According to the Labor Code and the Constitution, all employees have the right to rest. The employee has the right to use it within 6 months after employment. Some employers, under the guise of official necessity, do not allow their employees to go on vacation.

As a result, a year, a year and a half, and sometimes even two pass. This should not happen - be sure to contact the labor inspectorate. How to do this, read in the next section.

3. How can you file a complaint with the labor inspectorate - 3 proven methods

You don’t know how to write to the labor inspectorate against your employer, but you really want to? Then you must learn some rules.

Rules for filing a complaint to the labor inspectorate:

do not pour water, describe only the facts and support them with evidence;
fewer emotions - they do not carry a semantic load;
do not use profanity;
introduce yourself and indicate your contacts.

If someone is wondering whether it is possible to anonymously contact the labor inspectorate, know that such a slander will not be considered. Below I propose to consider 3 methods of appeal.

Method 1. Contact the labor inspectorate in person

If your city or town has an active labor inspectorate, go there in person and present your problem directly to the inspector. Perhaps he will solve your problem without any statement or explain that you are mistaken and the employer is right.

If the truth is on your side, then you need to write an appeal according to the sample proposed by the inspector. In it, state the facts that you have double-checked several times. Write without emotion, concisely with links to the attached documents.

What documents are needed to apply to the labor inspectorate:

passport;
employment contract;
orders or instructions from the manager related to the case;
other documents confirming the illegality of the administration’s actions.

A note will be made about the acceptance of documents for consideration, and you will be given a receipt.

Method 2. Send an application by mail

How to write a letter to the labor inspectorate so that it actually reaches the addressee and is considered? Nothing could be simpler. Introduce yourself. Indicate the name and details of the organization against which you have a complaint. State their essence concisely and reasonably. Attach to the letter copies of documents confirming your words according to the inventory.

After that send registered letter with notice. You will receive a tear-off coupon confirming that your application has been received at the correct address. Don't forget to include your return address, phone number and email. This will help solve your problem more quickly.

Method 3. Via the Internet

Most convenient way- this is submitting an application to the labor inspectorate online. On the Rostrud website there is special form for this. It is very convenient and does not require special knowledge. Read about how to use this method in the next section.

4. How to submit an application to the labor inspectorate online - step-by-step instructions for beginners

Modern technologies make it possible to solve the most serious and pressing problems using the Internet. In particular, today you can get a large number of services by submitting applications through the portals of the relevant authorities or directly through the State Services website.

2) Lexlife

This company specializes in resolving all types of disputes in court and out of court. ok, that's it including the settlement of labor disputes. The main thing is not to miss the deadline established by law for contacting the labor inspectorate, especially after dismissal. To do this, you need to immediately use the services of Lexlife.

Company services:

№	Service name	The essence of the service
1	Consulting	Providing consulting services in oral and written form on labor legislation
2	Pre-trial settlement of a dispute with an employer	By contacting the labor inspectorate and negotiating with the company administration
3	Drawing up a claim, statement of claim	Competent execution of these documents with references to legislation
4	Protecting employee interests in courts	Full support in court

3) Yuskon

The main activity of the company is accounting support. However, resolving personnel issues of the enterprise is also within the sphere of interests of the company. If you are an employee, then specialists will advise and protect your rights, both in the labor inspectorate and in court. If you are an employer, then by concluding an agreement with them, you will protect yourself from unnecessary claims related to violation of labor laws.

Now I suggest you watch a thematic video.

7. How to appeal a decision of the labor inspectorate - procedure

Unfortunately, the decision of the labor inspectorate does not always completely satisfy the victim. But everyone has the right to appeal against it, first with the head of this service, and then in court.

How to do this - read below.

Action 1. Compose and send a letter to the head of the labor inspectorate

If you think that during the inspection the inspector did not take into account some arguments and made a decision not in your favor, prepare a letter addressed to his supervisor. In it, describe in detail the essence of the problem, attach a copy of the inspector's response and indicate the points with which you disagree. Justify your statements. If necessary, find additional arguments in your favor.

The period for consideration of such a complaint is no more than 30 days. If you are satisfied with the results, the incident can be considered over. If not, then move on to the next step.

Action 2. We collect documents and materials that you want to challenge

You need to provide the court with those documents that, in your opinion, are controversial. These include: orders and instructions from the manager, timesheets and schedules, settlement documents. Here we also put the answers received from the labor inspectorate.

Action 3. Go to court

We write a statement of claim according to the sample that we take in court. We attach to it the documents listed above, and declare witnesses if necessary. Don't forget to pay the state fee. When going to court, I recommend hiring a lawyer who has experience handling civil cases in the area of employment law.

Labor Dispute Commission - 5 stages of dispute resolution by the Labor and Wage Commission + 3 tips on how to prevent an employee from going to court

Workers often have no idea where and how to turn if their labor rights are violated. Some agree to turn a blind eye to violations because they are afraid of being left without a job. But in such situations it would be wrong to remain silent. A sample application to the labor inspectorate for an employer in such a situation will be very useful.

Appealing to the Labor Inspectorate is the right of everyone who witnesses a violation. Complaints are also made by those who observe injustices being done to others.

Here are just some of the offenses that can be recorded in this way.

Offense	Description
Violation of hiring procedures	Problems arise due to a lack of information regarding salaries, conditions and procedures for receiving incentive payments. This is a direct violation of current legislation. Employers do not have the right to formalize testing periods for pregnant women. Another option for illegal actions is the application of penalties to an employee who violated the rules, although the citizen was not familiarized with them from the very beginning.
Discrimination against subordinates during labor relations	The requirements of the Labor Code provide annual holidays, compensation, timely payment, but employers often refuse this. Forced overtime in conditions that do not comply with the law.
Dismissals are also often carried out with violations	Common examples are late notification of dismissal or reduction; lack of all payments due during dismissal; transfer of compensation later than the day of dismissal; absence of a work book on the last day.

The presence of at least one of the conditions gives full right to file a complaint with the labor inspectorate.

Where and how are complaints filed?

The application is submitted to labor inspectorate employees in the region where the violation was noticed. Each subject has its own branches under any circumstances. There are three ways to submit documents:

On a personal visit. To do this, a citizen arrives at the department and hands over documents at the reception desk.
By registered mail, with appropriate notification. The method is considered more convenient, except for the high probability that the document will be lost during the transfer process.
Using an electronic form, via Internet channels. All papers are scanned and then sent on the appropriate page.

Claims to employers regarding missing wages

Two copies are made of this document. One of them, with a special mark, remains in the hands of the subordinate. The claim will become the main evidence for the court if the case comes to trial.

Employees have the right to stop working if the delay in payment is 15 days or more. But this must be reported to the manager in writing, otherwise absence from work can be considered absenteeism. Labor inspection staff are required to verify the accuracy of information from any complaints. After this, a certain decision is made.

Regarding illegal dismissal

To resolve the issue, a citizen will have to go through several stages:

It all starts with research on the topic of which inspection department is assigned to a specific enterprise. You also need to know the name of the manager for sure.
Next, a letter is written asking that the dismissal be recognized as an illegal procedure. Such applications contain personal data of each party and information about the institution to which the application is sent. Specific facts that violate the rights of an employee are presented in a strict business style. The application must be submitted no later than one month after labor relations were terminated.
It is recommended to immediately send complex and confusing cases to the courts.

Complaint in case of unofficial registration of subordinates

And here the Labor Inspectorate is involved in solving problems. She is sent statements and requests that the manager’s actions be declared illegal. The main thing is to collect as much evidence as possible in favor of the fact that the time was actually worked at the enterprise. Any type of paper will help here:

Something to which there was access while the citizen performed his duties.
Testimony. It will be enough to involve at least two colleagues - then the court with almost 100% probability will side with the applicants.
Often simple oral communication helps the manager get the documents completed. You just need to say that in the absence of payment and relevant papers, the citizen is going to file a complaint with the inspectorate.

Correct filing of complaints for all situations

The document must contain the following information to increase the likelihood of consideration:

The full name of the department of the territorial labor inspection along with the full name of the head of this institution.
Information about the applicant himself, including registration address and full name.
Document name.
The essence of the appeal. The applicant describes a situation in which, according to him, own opinion, rights were violated. We must write about what happened, where and when. The specific norms violated by the manager are indicated separately. Describes the harm caused and the evidence that can be used when considering the case. The information of the organization where the violation occurred is also written here.

Additional rules for filing complaints

It will be useful to study them for any method of transmitting a message - both written and electronic. Compliance with the following conditions helps to avoid controversial situations and additional questions:

The applicant's details must be correct. Papers drawn up anonymously remain without consideration.
It is recommended to compose the text in the appeal concisely and objectively, without adding personal experiences about what happened. Saved business style when writing any proposals.
It is important to have only reliable facts that have actually been tested in practice.
Slander, insults, and obscene language are prohibited.
If possible, it is worth attaching scanned copies of documents as evidence.

Using the official website

This opportunity became available to citizens starting January 1, 2017. Now the circulation algorithm looks like this:

The procedure begins with registration on the State Services website. Mobile phone, email and full name - this is the data that visitors will need.
Through Personal Account on State Services it will be easy to enter the portal owned by the Labor Inspectorate itself.
On the page, select the “Report a problem” tab. Selecting a tab before authorization leads to automatic redirection to State Services to complete the procedure.
The visitor looks at the proposed options and decides which category suits him best.
Next, the result that you would like to achieve is selected - consultation with a specialist, imposition of administrative liability on the employer, and unscheduled inspections.
The main thing is to carefully fill out all the proposed fields.
All you have to do is click on the send message button.
After this, you receive an email confirmation that the application has been accepted. From this moment, 30 days are counted, which are given to the inspection for consideration.

About the timing of consideration and response

1 calendar month is the maximum period from receipt of a complaint to consideration of the issue in detail. That's what the law says. Consideration of cases on illegal dismissals passes faster - in 10 days.

After the application has been examined, the company most often organizes an unscheduled inspection. Afterwards, a resolution is issued requiring that the identified violations be eliminated by a certain time.

Labor inspectorate: how can it act after receiving a complaint?

Within 30 days after transfer, the documents are carefully studied, as are the arguments presented by the originator. If all the information is confirmed, then the following scenarios are possible:

An order is issued requiring the violations to be eliminated.
The manager is held accountable: criminal or administrative.
The company is ordered to temporarily suspend operations.
Some employees are suspended from work.

Regarding anonymity

The issue of leaving anonymous messages remains relevant. The legislation states that the Inspectorate does not have the right to consider anonymous complaints. But the citizen himself can separately indicate that his data should not be disclosed. On the form electronic application To do this, just check the box.

About collective complaints

This is another option that allows citizens to report a violation. Most often, the messages describe discrimination against the entire team.

But the law does not prohibit collective reporting of violations directed at one specific employee. The main thing is to accurately indicate the full name of the representative of the company on whose behalf the document is being drawn up.

About inspections by the labor inspectorate

In total, the test is carried out in two main options.

View	Description
Planned	They are carried out on the initiative of the inspectors themselves; no additional applications need to be submitted. Processes are being organized in relation to enterprises where violations were previously identified and accidents occurred. The inspector notifies the organization's management before scheduling an inspection day.
Target	Here, only the initiative on the part of the subordinate is important. The inspection is carried out by the inspector responsible for the territory where the organization is located. The authorized person first tries to identify the violations described in the application by the citizen. If illegal actions are identified, an order to eliminate them is issued and a fine is issued in a certain amount. Strict measures may be taken depending on the degree of guilt.

In such circumstances, the inspector has the following powers:

Suspension of activities throughout the enterprise or specific divisions.
Organization of legal proceedings regarding existing violations.
Investigation of any circumstances related to the accident.
Bringing to administrative responsibility those who are guilty.
Issuing orders to remove from work persons who are not familiar with safety rules. Or those who have not confirmed their knowledge and qualifications in this area.
Presentation of instructions that identified violations must be eliminated.
Supervision to ensure that the enterprise complies minimum requirements legislation.

If the question remains unexamined and unanswered

It is necessary to submit a complaint again if the first document was left without consideration at all. The fact of retransmission must be indicated. The text also indicates the date when the initial application was sent.

If the inspection staff refuse again, they must justify their response in writing. If you disagree with the decision, the applicant has the right to further appeal to the court.

Filing claims, rules of registration

Before going to court, you need to prepare a whole package of documentation. Most of the position is issued by the manager, no later than three days in advance. It is recommended to submit formal written requests because it is common for managers to want to stall for time.

The claim is filed to the city or district court responsible for the address of the manager’s location. The main thing is that the document is drawn up in accordance with current legislation, otherwise consideration will be denied.

The following rules are followed:

The header indicates the name of the court where the claim is being sent.
After this, the plaintiff indicates his personal data, address permanent place accommodation.
Information about the defendant is filled in in the same way.
In the center they write the phrase “ Statement of claim" The continuation of the phrase indicates the reason why it was necessary to start creating a claim.
In order for the court to immediately proceed to the hearing without additional questions, the essence of the case must be described in as much detail as possible. If possible, then specific laws violated by the leader are written down.
When the problem is stated, the plaintiff describes his demands in detail.
Copies of the employment contract along with the work record book become mandatory attachments. The more evidence of violations, the better it will be.
Claims are filed no later than three months after the violation became known.

Sample application to the labor inspectorate for an employer

Writing a complaint is not at all difficult. It is enough to fill out this sample according to the rules described above:

What to do if the inspector’s decision is not satisfactory?

First of possible options– appeal to the management of the specialist who made the initial decision. The main thing is to clearly state the essence of the problem. And try to make sure that the other party has enough time to consider all the circumstances presented.

If management refuses to consider complaints, then the applications are sent to employees law enforcement agencies. Usually this is the police or the prosecutor's office.

Finally, there remains the court, which acts as a last resort. It is recommended to take such steps only after checking all previous methods. And you need to make sure that they do not give any result.

Final Thoughts

If a leader clearly violates rights and current legislation, there is no need to be afraid to defend their interests. Compiled complaints from employees often solve problems in favor of the latter. The main thing is to competently approach the collection and preparation of the necessary documentation.

TO criminal liability You can attract employers who have not paid wages for 3 months or more. In this case, the documents are immediately sent to the nearest police station. Article 145.1 of the Criminal Code of the Russian Federation is the main basis on which they are held accountable in such circumstances.

Is it difficult to contact the labor inspectorate? Watch this video:

Form for receiving a question, write yours

The applicant was hired as a sales consultant in the organization. The applicant was dismissed due to at will. However, to date, the applicant has not been paid wages and has not been issued a work book. The applicant requests that this complaint be considered on its merits. Restore the violated rights of the applicant and bring the perpetrators to appropriate responsibility.

IN State inspection labor
G. _________,
address: ______________________

____________________________
address: ______________________

COMPLAINT
___________ year I, ___________, was hired as a sales consultant in the spare parts department of LLC "________", which was recorded in work book, and is confirmed by an employment contract dated _________, from official salary in the amount of _________ rubles.
After concluding an employment contract, your job responsibilities I did it in good faith. During the entire period of carrying out his labor duties, there were no comments on the work or disciplinary sanctions. Nevertheless, my rights were violated by the employer.
So, by order dated ________, I was dismissed at my own request. However, until now I have not been paid my wages and have not been given a work book.
In accordance with Article 140 of the Labor Code of the Russian Federation, upon termination of an employment contract, payment of all amounts due to the employee from the employer is made on the day of the employee’s dismissal. If the employee did not work on the day of dismissal, then the corresponding amounts must be paid no later than the next day after the dismissed employee submits a request for payment.
In accordance with Art. 140 of the Labor Code of the Russian Federation, on the day of dismissal, your company must pay all amounts due to me from the employer, including arrears of wages.
To date, wage arrears for ___________ years amount to __________ rubles.
Repeated requests for payment of debts during my work from the employer receive responses in rude form, which can be considered as an unjustified refusal to pay my dues. cash.
I believe that the actions of LLC “________” are aimed at violating my rights guaranteed by Art. 21 of the Labor Code of the Russian Federation, and for failure to fulfill those imposed on you by law, Art. 22 of the Labor Code of the Russian Federation, duties.

So, in accordance with Art. 21 of the Labor Code of the Russian Federation, an employee has the right to:
conclusion, amendment and termination of an employment contract in the manner and under the conditions established by the Labor Code and other federal laws;
timely and full payment wages in accordance with your qualifications, complexity of work, quantity and quality of work performed;
complete reliable information about working conditions and labor protection requirements in the workplace;
protection of your labor rights, freedoms and legitimate interests by all means not prohibited by law;
resolution of individual and collective labor disputes, including the right to strike, in the manner established by the Labor Code and other federal laws;
compensation for damage caused to him in connection with the performance of his job duties, and compensation for moral damage in the manner established by the Labor Code and other federal laws.
In turn, in accordance with Art. 22 of the Labor Code of the Russian Federation, the employer is obliged:
comply with labor legislation and other regulatory legal acts containing labor law norms, local regulations, terms of the collective agreement, agreements and employment contracts;
provide workers with equal pay for work of equal value;
pay the full amount of wages due to employees within the time limits established in accordance with the Labor Code, collective agreement, internal labor regulations, employment contracts;
compensate for harm caused to employees in connection with the performance of their labor duties, as well as compensate for moral damage in the manner and under the conditions established by the Labor Code, other federal laws and other regulations legal acts Russian Federation;
perform other duties provided for by labor legislation and other regulatory legal acts containing labor law standards, collective agreements, agreements, local regulations and employment contracts.
I would like to note that the law provides for liability for violation by an employer of an employee’s rights.
According to Art. 142 of the Labor Code of the Russian Federation, the employer and (or) representatives of the employer authorized by him in the prescribed manner, who have delayed the payment of wages to employees and other violations of wages, are liable in accordance with the Labor Code and other federal laws.
In accordance with Art. 236 of the Labor Code of the Russian Federation, if the employer violates the established deadline for payment of wages, vacation pay, dismissal payments and other payments due to the employee, the employer is obliged to pay them with interest (monetary compensation) in the amount of not less than one three hundredth of the Central Bank refinancing rate in force at that time Russian Federation from unpaid amounts on time for each day of delay starting from the next day after the established payment deadline until the day of actual settlement inclusive. The amount of monetary compensation paid to an employee may be increased by a collective agreement or employment contract. The obligation to pay the specified monetary compensation arises regardless of the employer’s fault.
According to Part 1 of Art. 145.1 of the Criminal Code of the Russian Federation, non-payment of wages, pensions, scholarships, allowances and other payments established by law for more than two months, committed by the head of an organization, an employer - an individual out of mercenary or other personal interest - is punishable by a fine in the amount of up to one hundred twenty thousand rubles or in the amount of wages wages or other income of the convicted person for a period of up to one year, or by deprivation of the right to hold certain positions or engage in certain activities for a term of up to five years, or by imprisonment for a term of up to two years.
In accordance with Art. 362 of the Labor Code of the Russian Federation, managers and other officials of organizations, as well as employers - individuals those guilty of violating labor legislation and other regulatory legal acts containing labor law norms are liable in cases and in the manner established by the Labor Code and other federal laws.
In accordance with Art. 419 of the Labor Code of the Russian Federation, persons guilty of violating labor legislation and other acts containing labor law norms are subject to disciplinary and financial liability in the manner established by the Labor Code and other federal laws, and are also subject to civil, administrative and criminal liability in the manner established by federal laws.
In accordance with Article 352 of the Labor Code of the Russian Federation, one of the main ways to protect the labor rights and legitimate interests of workers is state supervision and control over compliance with labor legislation.
According to Article 353 of the Labor Code of the Russian Federation, state supervision and control over compliance with labor legislation and other regulatory legal acts containing labor law norms in all organizations on the territory of the Russian Federation is carried out by federal labor inspection bodies.
State supervision over compliance with the rules for the safe conduct of work in certain industries and at some industrial facilities, along with the federal labor inspection bodies, is carried out by the federal executive authorities for supervision in the established field of activity.
In accordance with Article 356 of the Labor Code of the Russian Federation, in accordance with the tasks assigned to them, the federal labor inspection bodies exercise the following main powers:
carry out state supervision and control over compliance in organizations with labor legislation and other regulatory legal acts containing labor law norms, through inspections, surveys, issuing binding orders to eliminate violations, and bringing those responsible to justice in accordance with federal law;
receive and consider applications, letters, complaints and other requests from employees about violations of their labor rights, take measures to eliminate identified violations and restore violated rights.
Based on the above, guided by the legislation of the Russian Federation, in particular Art. 21, 22, 140, 142, 234, 236, 237, 362, 419 of the Labor Code of the Russian Federation, Art. Art. 151, 1099-1101 of the Civil Code of the Russian Federation, Part 1 of Art. 145.1 of the Criminal Code of the Russian Federation,

1. Consider this complaint on its merits.
2. Conduct an inspection of LLC “__________” based on the facts I indicated (legal address: ___________________________________; actual address: _________________________________ general manager- ___________), restore my violated rights and bring the perpetrators to appropriate responsibility.
3. Respond to this complaint as soon as possible.

Applications:
1. Copy of the claim
2. Copy of the employment contract

" " ________________G. ___________/___________/

A complaint is considered a written appeal to government agencies or other organizations with a request to eliminate violations of legal rights. You can declare this either independently or collectively. Moreover, by gathering like-minded people, you can speed up the process of considering a complaint. Let's take a closer look at samples of collective complaints and the rules for filing them.

Species

The legality of writing complaints is regulated by Federal Law-59. This document refers to collective types of complaints and indicates that there are no specific requirements for document execution. Most often, citizens unite to write a complaint:

to a senior manager to line management;
to the labor inspectorate, court, prosecutor's office to the immediate supervisor, poor quality product or failure to provide services;
for a teacher in the Department of Education;
for a health worker in the health department.

But regardless of who the complaint is filed against, it is better to start with a complaint to your immediate superiors. And then, if no measures are taken, go to government agencies, courts, etc.

Let's look at how samples of collective complaints are compiled.

How to write a complaint

The form for writing a complaint is not established by law. But there is general requirements that must be observed when writing this document. These rules include:

When making a complaint, it is prohibited to use obscene language, slang expressions and insults addressed to the person for whom it is drawn up. Claims with such violations remain unattended, and the person filing the complaint may be deprived of the right to invoke the possibility of pre-trial settlement of the conflict.
The text of the complaint must be clear and concise. There is no need to write a lot of unnecessary information. It should be concise and touch on those points that are most important for overall assessment. You should not use expressions that can be understood in two ways. In this case, all specified data must be reliable.
You need to choose the right recipient of the complaint. In almost all situations, there is an unspoken principle of turn-taking. You should always start with your immediate supervisor and then, if measures are not taken, go to higher authorities.
Literacy plays an important role. The applicant needs to ensure correct spelling and adhere to important terms of business correspondence.

How does a collective complaint differ from an ordinary one?

When a situation violates the rights of not only one specific person, but also several others, then all victims of illegal actions can unite and write a collective complaint.

A collective complaint is understood as such an appeal where the claims are made not by one person, but by an entire team whose rights were violated within one situation.

Writing a complaint from a team is no different from an individual complaint. The only difference is that in the first case the opinions of several people are reflected one at a time specific issue, and descriptions of each specific situation are also introduced. How to write a collective complaint was discussed earlier.

After writing the complaint, all persons who took part in its preparation must put their signatures.

For help, contact the labor inspectorate

A complaint to the labor inspectorate can be filed for any violation of the rights of a working citizen. This includes issues of non-payment of compensation and breach of guarantees, provided by law. Also, the team can write a complaint to the labor inspectorate about violation of the work regime, rest regime, length of the working day and breaks and other conditions.

A complaint to the labor inspectorate can be submitted as follows:

personally submitted to the department for handling such complaints. The document is drawn up in two copies and given to an authorized person, and on his copy the applicant must put a visa - the date and signature of the person who accepted it. The complaint is then considered and the response must be sent to the specified address;
sent by mail. All actions are carried out as in the first option, only the complaint itself is sent by mail;
submission through the website of the State Labor Inspectorate. Considered the most the easy way and the most convenient. You need to go to the government agency’s website and select the “online reception” tab. Next, select the one you need from the proposed problems, justify the reason for your request, and submit your application.

If a collective complaint is being written against the director of an organization, then in the last version of filing the complaint you will need to indicate the full details of the company itself, as well as the penalty: conducting an audit, holding the director accountable, initiating a case, etc.

Various documents may be attached to the complaint: employment contracts, documents that can confirm the words spoken in the claim.

Complaint to the prosecutor's office

A complaint to the prosecutor's office is a document drawn up to protect the violation of citizens' rights. This form of treatment is considered effective and efficient.

A collective complaint to the prosecutor’s office is submitted from two or more persons according to the following algorithm:

All information about the applicants is indicated.
It is prohibited to partially mention those persons who initiated the writing of the complaint.
Complaints are accepted only in writing.
Filing a complaint follows the same procedure as to the labor inspectorate.

The main reasons why citizens can immediately contact the prosecutor’s office, bypassing other authorities, are:

delay of wages in production;
failure by a government agency to provide required information;
illegal dismissal;
refusal to register a civil status act.

In order for the prosecutor's office to accept complaints, the following information must be provided:

exact address and location of the branch;
full details of applicants;
the reasons why the claim is being made;
basic requirements of citizens;
signatures of all persons and date.

The processing time for such complaints is up to one month.

Complaint about neighbors

A collective complaint against neighbors is filed depending on the current situation:

Constantly drunk and rowdy. Such persons usually cause a lot of problems to their neighbors. If the noise level exceeds the permissible level, citizens can contact the local police officer. In case of flooding or fire caused by neighbors, you should contact the housing inspector. If neighbors litter on the site, you need to contact Rospotrebnadzor.
Pet lovers. When neighbors do not look after their pets and do not clean up after them in the entrance, you can contact a housing maintenance company.
Residents constantly making repairs. Housing and communal services employees will help pacify such neighbors.

Important nuances

The most important thing to remember is that the second copy of the claim must remain with the applicants. The time frame for consideration of a complaint will depend on the authority to which it is submitted. The government agencies will consider the claim within 30 days.

If for some reason the deadline for responding to a complaint is not established by law, applicants may request that the complaint be considered at a time convenient to them. But most often, this is at least 10 days from the moment it was received. The response to the complaint must contain not only the solution option, but also the deadline for its implementation.

If there is no answer

If situations occur (albeit extremely rarely) when samples of collective complaints remain unanswered, citizens need to submit their complaints again, while emphasizing the point that the first appeal remained unanswered.

In such situations, you need to remember that government agencies are responsible for failure to fulfill their duties in a timely manner. Therefore, if there is no response, most likely the complaint either did not reach, or there was a failure, or it was drawn up in violation of the basic rules. The citizens' collective had better try again.

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 conflict situation. It is important to be aware of your rights and have information on how to complain to the labor inspectorate.

You can complain for various reasons.

There may be several reasons for filing a complaint:

non-compliance with established salaries;
illegal or unjustified dismissal of an employee;
non-compliance necessary conditions labor 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 if the employee ceases his work activity.

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

Ways to contact the labor inspectorate

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 official inspection and, accordingly, may remain unanswered;
Hotline call telephone line. The easy way, which does not require writing the complaint itself, but has the importance of competently explaining the situation to the 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.

How to write an application correctly

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:

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.

If the submitted application is justified, the labor inspectorate may independently request necessary documents at the employer.

Is it possible to contact the inspectorate anonymously?

The current legislation does not provide for anonymous filing, since in order to begin checking the employer’s actions, information is required indicating all the applicant’s data. In the case of an anonymous complaint, your application will not have a reaction from the inspectorate and further work it will be suspended.

The only conditionally anonymous way may be to contact via the Internet, but it is not always effective.

When submitting an application, everyone has the right to insist on the confidentiality of all verification activities of the organization, but in practice this does not always work out.

How to file a complaint about unpaid wages

A response to the complaint is given within a month.

You can find out how you can receive your legal and spent money from your employer from the relevant provisions Labor Code. Article 136 of the Labor Code of the Russian Federation provides for wage payments twice a month, which are made without delay.

If a citizen decides to resign, the responsible person (as an employer) is obliged to make payments of cash and other required compensation funds before the last stated day.

If the responsible legal entity carries out actions that contradict the provisions of the Labor Code of the Russian Federation, then the working person has every reason to contact the appropriate authorities to initiate further proceedings.

To submit the appropriate application, the applicant must be guided by the requirements specified in paragraph 1 of Art. 11 Federal Law 05/02/2006 No. 59-FZ “On the procedure for considering appeals from citizens of the Russian Federation.”

An inspection specialist will investigate the application and send a response to the applicant within 30 days.

If facts of violation of the law regarding employee benefits are revealed, the labor inspectorate is obliged to launch a procedure for bringing the employing organization to administrative responsibility.

In cases of frequent violations of wage payment deadlines, the case may be sent to judiciary for more severe punishment employer.

Application to the labor inspectorate for non-payment of compensation upon dismissal

You must provide information about all charges.

The Labor Code of the Russian Federation provides a list of appropriate payments to a dismissed employee:

Salary for all days worked by the employee up to last day being at the workplace;
Calculation and inclusion of compensation in final payments if the employee did not use vacation days throughout the entire work process;
Bonuses, if these payments do not contradict the points prescribed by law.

According to current legislation, the employer is obliged to make these payments on the last working day of the dismissed employee.

In case of failure to comply with legal norms on the part of the enterprise, the employee has the right to file a complaint with the labor inspectorate.

The complaint or application must contain all the necessary information:

details of the organization to which the application is sent;
indication of the position and full name of the official to whom the appeal was sent;
contacts and passport details of the applicant;
the name of the enterprise that violated the law, indicating the actual and legal address, as well as the full name of the director;
information about the period of work in the organization: start and end dates of work at the enterprise;
description of the fact of violation of the rights of a working citizen;
information on the calculation and payment of wages in the last pay period;
at the end of the application it is necessary to set out specific requirements for the labor inspectorate;
the date at which the application was drawn up, the signature and its transcript, as well as the names of the attached documents.

Consequences of considering complaints and applications from citizens

The employer faces administrative liability.

If the employee’s complaint, application or appeal to the relevant body is justified, the employer will be checked in accordance with all the norms of current legislation.

Based on the results of the inspection, the following decisions will be made regarding the employer:

issuing an order to eliminate violations;
fixation administrative violations in accordance with established rules;
removal of an official from his position;
drawing up the necessary documentation, which will display all violations legal entity in relation to a former employee;
transfer of the case to higher authorities (this may include various judicial authorities, depending on the specifics of the case).

The person who submitted the application will be sent a written notification of the results of the measures taken and a description of the measures taken against the employer.

The reporting document may provide explanations about the citizen’s further actions.

From this video you will learn what the labor inspectorate checks.