How to file a complaint with the labor inspectorate online. How to file a complaint with the state labor inspectorate

Is the employer making unreasonable demands and breaking the law? In a situation of labor injustice, there is a way out - appeal to labor inspection , which every organization fears.

In order to defend your legal rights, you should know the reasons for contacting a labor inspector, how to correctly write and submit an application, and whether this can be done anonymously.

Employees face unfair punishment, fines, and unfair dismissal based on personal conflict with management. And it's not full list possible offenses. In what cases should an employee contact the labor inspectorate?

This is not a complete list of reasons. Every violation of labor legislation by an employer is a reason for appeal. The labor inspectorate will provide first aid in protecting rights. You can defend your case in court, but this procedure is longer and more complex.

In a situation where an employee is still working in the organization, and after dismissal he is afraid of the actions of his former employer, when filing a complaint, you want to save anonymity. Is this possible? It depends on who. The labor inspector will not be able to remain in the shadows; “anonymous” reports are immediately rejected and are not subject to consideration.

The employer has the option to remain anonymous. To do this, the application must mention a request for non-disclosure of your personal data to a third party.

Another form of filing a complaint is collective. She has a number of advantages:

greater weight in the eyes of the inspector; if there are many dissatisfied people, then the problem is real and large-scale;
absence of contradictions, unlike individual complaints, where each employee sees the same problem from a different angle;
increase in supporters, because not everyone is ready to fight alone, it is much easier to sign up for a common cause.

Otherwise, the procedure for drawing up and methods for filing individual and collective complaints are identical.

How to make an application

Execution simple rules will help you draw up a competent application, and most importantly, get the necessary help:

Set the address and telephone number of the labor inspectorate. You need to contact the branch that is geographically assigned to the employer’s address. Such information is in open access on the Internet, for example, on the government services portal.
Determine the essence of the complaint. For a clear formulation, answer the question: “Which of my rights have been violated, how exactly and what do I want to get as a result?” Next, state the essence of the complaint in writing.
Collect documentary evidence. This could be an employment contract drawn up in violation of Labor Code norms, a “gray” salary slip, or an order to fine employees. Attach a document depending on the nature of the complaint.

There is no strictly regulated form; the application is drawn up in business style in accordance with the list of mandatory information (Federal Law No. 59, Article 11, paragraph 1):

Cap: indicate the name of the inspection, the address of the department, the official from whom the application is made, the place of its registration and contact telephone number.
Body: full name of the employer, detailed description offenses, demands.
End: signature of the applicant or all applicants when collective complaint, date of writing.

An example of an individual complaint.

An example of a collective complaint.

Submission methods

To submit a complaint, use one of the following methods:

Personal appeal to the department, the entire package of documents is given at the reception. Make an appeal in two copies. One remains with the inspector, the second with the applicant. When submitting documents, the inspector must put the date of receipt and signature on the second copy.
Sending an application by mail. Send your application by registered mail with notice. The notification will guarantee that the letter has reached the addressee.
Submitting a complaint online. The application is submitted on the official website of the labor inspectorate.

Step 1. In the main menu, select the “Public Reception” tab, then “Citizens’ Appeal”.

Step 2. Select “Send an appeal to Rostrud”.

Step 4. Select the topic of the appeal from the proposed list. In the “Text of appeal” field, enter the essence of the complaint according to the sample indicated above.

Step 5. Scan supporting documents and attach to your application. Electronic copies can be made by photographing the originals and downloading them to a PC.

Step 7. Fill in your employer details. There are no required fields here. More full information reduces inspection time.

Step 8. Enter the security code from the picture, check the box to consent to the processing of personal data and submit your request.

Deadlines for application and consideration

The advantage of the labor inspectorate over the court is lack of deadlines for citizens to apply. A former employee has the right to file a complaint at any time after dismissal, and the time to challenge his rights in court is limited to one month from the official date of dismissal.

If you want to challenge the dismissal and be reinstated at your previous job, then submit your application immediately, upon the fact of a violation of rights.

The inspector is assigned to consider the complaint 30 days. The applicant must receive a response within this period.

What does the employer face?

The answer is an unscheduled inspection of the organization by a state inspector to identify violations. The check is carried out in two directions: labor protection And personnel records.

TO first categories include: safety instructions, fire training logs, approvals, etc. Co. second: time sheets, regulations on bonuses, entering personal files of employees, recording work books, etc. The inspector will check the documents for availability and correctness.

What are they checking?

availability of a complete package of documents;
maintaining “personnel records”;
content employment contract;
local acts;
areas for managing vacations and calculating salaries;
maintaining and recording work books;
maintaining documentation on labor protection.

Criteria for verification: compliance of the content with the norms of the law, one act does not contradict another, there are no orders that worsen the position of employees in comparison with the law.

You can learn how to write a complaint correctly from this article.

Filing a complaint to court against an employer is not always appropriate or effective. To restore the violated rights of an employee, there are other government agencies. One of them is the labor inspectorate, to which you can file a complaint against the employer.

Protection of employee labor rights

According to the Labor Code, ensuring the protection of labor rights and freedoms of citizens and other tasks in the field of labor protection are assigned to the Federal (state) Labor Inspectorate. Since 2004, tasks for ensuring labor safety have been assigned to the Federal Service for Labor and Employment (Rostrud) and its territorial bodies. The Federal Service for Labor and Employment is under the jurisdiction of the Ministry of Labor and social protection Russian Federation.

A complaint against the employer is filed with the territorial body of Rostrud. Each subject of the Russian Federation has its own territorial body. Complaints are filed with the central office of Rostrud about the inaction of the territorial bodies of Rostrud.

A complaint against an employer to the labor inspectorate can be filed in two ways:

through the mail or bring it on purpose;
through online resource onlineinspection.rf.

Complaints cannot be accepted by telephone.

According to Federal law“On the procedure for considering appeals from citizens of the Russian Federation,” anonymous proposals, statements, appeals and complaints are not subject to consideration (except for reports of terrorist acts). It is possible to contact orally only with personal reception in a government agency.

Making a written complaint

The complaint is drawn up in free form. It must indicate:

where the complaint is filed (territorial body of Rostrud);
from whom the complaint is being filed (full name), place of registration, postal address, telephone number;
name of the employer's organization (Partner LLC);
legal, actual and postal addresses, TIN, full name of the manager, telephone;
information about the concluded employment contract and additional agreements to it;
arguments about the violation of your rights (how the violation of your rights was expressed, indicate a specific article of the Labor Code or employment contract);
request for response measures (bring to administrative liability, bring to criminal liability, pay wages, etc.);
preferred method of responding to a complaint (by mail, by email);
personal signature and date.

Documents confirming the employer’s unlawful actions (orders, instructions, etc.) are attached to the complaint. If available and necessary, you can attach video, audio, and list witnesses to the complaint.

Sample complaint against an employer to the labor inspectorate

After writing a complaint, it must be sent to the territorial body of Rostrud. This can be done in two ways via postal item with notice or on purpose. To file a complaint on purpose, you must print two copies of the complaint, appear at the territorial authority and transfer it to the expedition (secretariat). On the second copy, the employee will stamp the admission, which you will take with you. The period for consideration of a complaint is 30 days from the date of its registration.

Complaint to Rostrud via the Internet (online)

In the age of high technology, an employee has the opportunity to file a complaint against an employer via the Internet. Created for this online service, which is popular. This service began operating in September 2013. According to official data, more than 130,000 people used this service and more than 50,000 people sought advice.

Online application procedure

In order to complain about an employer, you need to go to the website onlineinspection.rf. In the section "Services" choose "Report a problem".

Personal account

An email with information about the service and a password will be sent to the email address you specified during registration. Using your email address and password you can log in personal account service and monitor the progress of the case.

As you can see, the procedure for filing a complaint with the labor inspectorate is not that complicated. The resolution of the issue depends on the specific situation and problem.

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Every citizen of the Russian Federation, if his rights were violated during labor activity, has the right to file a complaint with a government agency whose responsibility is to oversee compliance with the Labor Code and other legislative acts in the field labor relations. Such bodies include the prosecutor's office, the court and the labor inspectorate, operating within the framework of Federal service on labor and employment.

At the initial stage, it is better to contact the labor inspectorate with a complaint; for this you do not have to visit it in person! You can also submit an appeal via the Internet, using the service on the website Onlineinspektsiya.rf.

Today we will look in detail at how to write a complaint to the labor inspectorate via the Internet and talk about possible consequences this decision.

Complain to the labor inspectorate via the website

Complaints to the labor inspectorate, along with appeals to labor dispute commissions, the prosecutor's office or the Federal Tax Service, are an effective tool for combating unscrupulous employers who violate labor laws in their enterprises.

The official website of the inspection is Onlineinspektsiya.rf. It implements many useful services, full list which can be found on the main page. We are interested in filing a complaint, so we select the item “ Report a problem».

What to do next (step by step instructions)?

1. On the page that opens, select the category of the problem, depending on the type of offense (rest time, wages, hiring, etc.). We will select the “Salary” item as an example.

3. We choose the desired result that the appeal should lead to - fact checking, consultation or bringing to administrative responsibility. As an example, let’s look at the initiation of administrative proceedings.

6. Again, select the desired result of submitting the application and click the “Continue” button.

7. Let's move on to drawing up the application. First, we indicate your personal and contact information – nickname, surname, first name and patronymic, email address and contact phone number. Boxes with an asterisk are required. If you would like to receive the response from the labor inspectorate by mail, then you must tick the appropriate box and indicate the address - city, street and house, zip code.

8. We indicate the full name of your organization and its actual address.

9. Fill in the fields with additional information about the organization – legal address, your position, INN/OGRN, manager’s details, etc.

10. We describe our situation in as much detail as possible. Any information regarding non-payment will be useful wages. It is advisable to attach photographs of documents to the description, as well as indicate other information, including the names of your colleagues and superiors. If work was suspended while the complaint was being considered, check the appropriate box.

11. Once again we indicate the desired result of submitting the application, if necessary, get acquainted with the rules and agreement electronic services website (and check the box confirming that you have read them), and then click on the “Submit Application” button.

The application has been submitted. What's next?

An application submitted to the labor inspectorate must be considered within 30 days, which can be extended for another period if there are serious grounds (for example, a thorough inspection of the enterprise is necessary). During this period, all information received will be verified or an audit of the organization will be carried out.

Labor inspectors have the right to demand from the employer any documents relating to its activities, including financial and accounting documents, employment contracts, staffing table, regulations on wages and other material remuneration and much more.

In order for the decision on the appeal to be positive and the inspection to be effective, before filing a complaint you should try to collect maximum quantity documentary evidence of violations. A routine inspection of an enterprise may not bring the desired results if a Rostrud employee does not know exactly where to look.

If the employer’s inspection confirms the facts stated in the appeal, then he will be given an order to eliminate the fact of violation of labor legislation. It must be completed within the appropriate time frame, otherwise the case will be referred to the prosecutor's office or court.

Lack of response to complaints to the labor inspectorate

In some cases, after 30 days after submitting an application on the Onlineinspektsiya.rf website, the answer still does not come. What are the reasons?

Here are the most common ones:

Personal information was not provided completely. Government agencies do not consider anonymous complaints. It does not matter why they were not indicated - by accident or intentionally. If an employee does not want his personal information to be disclosed, this can be indicated in the application itself. But no one will give a complete guarantee of their safety;
Incorrectly specified e-mail or real postal address. If you inattentively fill in the fields with feedback the response to the appeal may go to a stranger or not reach anyone at all (if a non-existent postal address was indicated by mistake);
Lack of reliable data about the offense. If insufficient evidence of violation of labor laws was provided and instead of facts the applicant described only his hypotheses and speculations, then an investigation may not be initiated;
Technical error. The complaint may simply not reach the inspection due to a network or website failure.

When drawing up a complaint to the labor inspectorate and describing the details of the case, you should use only competent written language, without serious stylistic, spelling, grammatical and speech errors. It is not allowed to use obscene words and expressions or use colloquial expressions. A complaint is official document, message to government agencies. And if it is poorly drafted, it may not be accepted for consideration.

So: complaint to the state labor inspectorate:

To the State Labor Inspectorate in the city of St. Petersburg. 198095, St. Petersburg, Zoya Kosmodemyanskaya street, building 28, letter A.

From: Full name, living ( to her) at: index, St. Petersburg, _____________ street, d._, apt., tel. _________.

COMPLAINT

about violation of employee rights

I, Full name, in the period from “____” ______________ 20___ to “____” ______________ 20___ ( or to date), worked indicate the position in LLC "_______________" (TIN/KPP: ___________/___________); OGRN: ____________, current account ____________, BIC ____________, legal / actual address: index, St. Petersburg, st. ________________, house ______. Over the entire period of my working career, the management of LLC “_______________” constantly grossly violated my labor rights, guarantees and interests.

These violations are expressed as follows:

1. I have not received wages since “____” ______________ 20___ to the present, which is gross violation Labor Code of the Russian Federation. I turned to management with a request to give me a salary for the months worked. However, the accountant and the director himself told me that I had to write a letter of resignation due to at will and only in this case will I probably get my money. They began to put psychological pressure on me, forcing me to write a letter of resignation of my own free will. This fact is confirmed by an audio recording on a CD attached to the application. In a personal conversation, the organization’s accountant does not hide the fact that the organization is acting illegally, but she herself is afraid of being fired and therefore strictly follows the director’s orders about non-payment of wages, since the company has no money.

“” ________ 20_ I submitted a notice to the management of the organization that I was suspending work from 9:00 a.m. “” ________ 20_ until my wages were paid on the basis of Article 142 of the Labor Code of the Russian Federation. The director ignored this statement.

“____” ______________ 20___ I was called to the enterprise supposedly to receive my salary, but I was given a notice of a reduction in the number of employees. At the same time, severance pay was denied. Payment of severance pay in connection with a reduction in the number or staff of an organization's employees (Part 2 of Article 81 of the Labor Code of the Russian Federation) is regulated by Article 178 of the Labor Code of the Russian Federation. Upon termination of an employment contract due to a reduction in the number or staff, the dismissed employee is paid severance pay in the amount of average monthly earnings, and also retains the average monthly earnings for the period of employment, but not more than 2 months from the date of dismissal (including severance pay).

My salary was never paid for the entire period!

All documents confirming the employment relationship: work book, employment contract are stored in LLC “_”, which is a direct violation of the labor legislation of the Russian Federation. Since my work record is at _ LLC, I cannot get another job.

In accordance with Article 84.1 of the Labor Code of the Russian Federation, on the day of termination of the employment relationship, the employer is obliged to issue the employee a work book. In violation of the requirements of the above article, I was not given a work book. Failure to issue to employee work book upon dismissal is one of the cases of illegally depriving an employee of the opportunity to work. If a work book is not issued to the employee and there is no notification of its sending to the address of the dismissed employee, the employer, in accordance with paragraph 4 of Part 1 of Article 234 of the Labor Code of the Russian Federation, is obliged to compensate the employee for the earnings not received by him for the delay in issuing the work book to the employee.

Thus, LLC “_______________” (represented by its officials) violated Article 84.1 of the Labor Code of the Russian Federation, and also violated my labor rights and interests.

2. In accordance with Article 37 of the Constitution of the Russian Federation, an employee has the right to remuneration for work without any discrimination. In accordance with Article 136 of the Labor Code of the Russian Federation, wages are paid at least every half month on the day established by the internal labor regulations, collective agreement, employment contract. In accordance with Article 84.1 of the Labor Code of the Russian Federation, on the day of termination of the employment relationship, the employer is obliged to make a settlement with the employee.

In violation of the above articles, LLC “_______________” systematically delayed and constantly did not pay my salary (it did not pay the entire salary, but only part of it), there were constant delays. As a result, for the period from “____” ______________ 20___ to the present day, I have not received any wages at all. The employer has arrears of wages in the amount of indicate the full amount of the debt in rubles. When I was made redundant, no payment was made to me.

Thus, LLC “_______________” (represented by its officials) violated Article 37 of the Constitution of the Russian Federation, Articles 84.1 and 136 of the Labor Code of the Russian Federation, and also violated my right to receive earnings, guaranteed by the Constitution.

3. In accordance with Article 67 of the Labor Code of the Russian Federation, an employment contract is concluded in writing, drawn up in two copies, each of which is signed by the parties. One copy of the employment contract is given to the employee, the other is kept by the employer. The employee’s receipt of a copy of the employment contract must be confirmed by the employee’s signature on the copy of the employment contract kept by the employer.

In violation of the above article, I was not given my copy of the employment contract and therefore I am experiencing difficulties in going to court with a claim to recover wages, as well as to collect compensation for other violations of the employment contract concluded with me. Thus, LLC “_______________” (represented by its officials) violated Article 67 of the Labor Code of the Russian Federation, and also violated my labor rights and interests.

Only the most significant violations are listed above. The same applies to other employees. In connection with this circumstance, inspection of the activities of LLC “_______________” by the state labor inspectorate is especially relevant.

I believe that the above actions of officials of LLC “_______________” fall under Article 5.27 of the Code of the Russian Federation on Administrative Offenses.

I am asking you for help, because in accordance with current legislation, State Labor Inspectorates receive citizens, consider applications, complaints and other requests from citizens about violations of their labor rights. Carry out state supervision and control over compliance with labor legislation. They consider cases of administrative violations. Carry out inspections and investigations into the causes of violations of labor and labor protection legislation. They present employers with binding orders to eliminate violations of labor and labor protection legislation, to restore the violated rights of citizens, with proposals to bring those responsible for these violations to disciplinary liability or to remove them from office in the prescribed manner. Persons guilty of violating the legislation of the Russian Federation on labor and labor protection are brought to administrative responsibility.

Based on the above and in accordance with Art. 84.1, 67, 136, 234 Labor Code of the Russian Federation, 5.27, 23.12 Code of Administrative Offenses of the Russian Federation, Art. 37 of the Constitution of the Russian Federation,

Please:

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

2. Oblige LLC “______________” to restore the violated right by returning my work book;

3. Oblige LLC “_” to pay me wages for the period from “” 20_ to “” ________ 20_ in the amount of _________ rubles;

4. Oblige LLC “__” to compensate me for lost earnings for the period from “” 20_ to “” ________ 20_ in the amount of _________ rubles for illegal deprivation of the right to work due to non-issuance of a work book;

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 groundless 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 benefits cash when 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 appeal 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, statement 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.

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