Submit an application online to the labor inspectorate. Sample application to the labor inspectorate for an employer and its consequences

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 conclusion employment contract their 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 the employee is dismissed. 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 that are 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 harm caused to him in connection with the performance of labor 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 others officials 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. ___________/___________/

If an employer violates your labor rights, then you have the opportunity to contact labor inspection with a complaint. We will talk further about in what situations you should file complaints against an employer and how to write a complaint to the labor inspectorate.

In accordance with the norm of the three hundred and fifty-sixth article of the Labor Code of the Russian Federation, a labor inspectorate for state purposes was created. This structure considers the following issues:

receiving and considering letters, complaints, applications for non-payment of wages, vacation pay and other violations of labor discipline;
eliminates violations, restores violated rights.

Therefore, in relation to the above article, the employee has the right to contact the labor inspectorate with a complaint about a violation of his rights by the employer. Specific cases are given below:

execution extra work, which is not specified in the employment contract;
incomplete payment of wages or incomplete payment;
work in conditions inconsistent with special services, security, fire and sanitary hygienic purposes;
employer does not provide social insurance employee in cases established by law;
lack of time for rest in the form of weekends, days off or vacation;
other violations, individual for each enterprise.

Please note that such complaints are filed not only by employees, but also by other people working illegally in institutions. According to the complaint filed, the inspectorate is carrying out an unscheduled inspection of the enterprise.

To contact the labor inspectorate, follow these steps:

find out her address in your territorial district;
draw up a complaint, which must indicate the reasons for contacting the inspectorate;
add to it evidence of unlawful actions by management;
submit your complaint to the organization by contacting them personally or sending documents in the form registered letter, after receiving which they must subscribe.

You can download a sample complaint to the labor inspectorate against an employer here:

In the process of drawing up a complaint, contacting the labor inspectorate, consider the following factors:

indicate the territorial representation of the inspectorate in your region, the name and surname of its head, information and positions;
initials and surname of the person who contacts the organization, residential address;
reasons for the appeal, their description and documentary evidence in the form of arguments;
At the bottom of the complaint, the employee must indicate the date it was written and confirm it with a signature.

From the moment of registration of a written application to the labor inspectorate, no more than thirty days must pass for its consideration.

Depending on the type of complaint and its consideration, punishment options may be as follows:

issuing an order specifying the requirements for eliminating violations;
bringing the employer to administrative liability;
suspension of the enterprise until it is fully inspected and all problems are eliminated;
removal from work of personnel or employer;
criminal liability the employer, in the event that all the requirements of the labor inspectorate have not been met.

How to file a complaint with the labor inspectorate: procedure for completing the process

In order to protect your labor rights, you have the opportunity to file a complaint with the labor inspectorate. There are several stages in the process of filing a complaint with the labor inspectorate against an employer. Now let's look at them in more detail:

1. The first stage is drawing up a complaint.

The complaint shall indicate the name of the organization to which it is being filed. The applicant’s name, surname and residential address, in addition, it is possible to indicate an email address to receive a response to the complaint.

What follows is an explanation of the reasons for writing the complaint and a description of the violations. In addition, you should indicate the name of the organization that is being described, its address, first and last name of the employer, and, if possible, telephone number.

At the end of the complaint, you must sign it and indicate the date it was written. Please note that if you decide to write an anonymous complaint to the labor inspectorate, without indicating your contact information, then you will not be given a written response to it.

2. The second stage is filing a complaint with the labor inspectorate.

There are two options for performing this process. Submitting a complaint in person at the labor inspectorate and sending all documents by mail, exclusively in the form of a registered letter.

If you chose the first option, please note that the employee who accepted the complaint must attest to this fact with his signature and the date of receipt of the complaint. In the second case, the applicant will receive a response about delivery of the registered number with the date of delivery. If necessary, arguments and documentation confirming the above-described complaints are also submitted with the letter.

The third option for submitting a complaint is email. In order to find out her address, you should find the contacts of the regional representative office of the labor inspectorate. All necessary documents, are attached to the letter in electronic form.

Another option is electronic service, called online inspection RF. Complaints are also forwarded to the labor inspectorate through it.

Please note that no government contributions are required during the process of filing a complaint with the inspectorate.

Important: The employee has the right to confidentiality of the inspection by the inspectorate. That is, during an inspection, the inspectorate will not tell management the name of the employee who wrote the complaint.

3. The third stage is to receive a response to the complaint written to the labor inspectorate.

After submitting a written application or complaint to the labor inspection authorities, the procedure for registering this complaint follows. This is done within three days from the moment the complaint is received. An application submitted directly to the inspectorate is registered immediately.

The time for consideration of a complaint submitted to the inspection is no more than thirty days from the date of its registration. If during this time the complaint could not be considered or the problem was not resolved, then the period is extended for another thirty days, but no more.

Recommendations for submitting a sample complaint to the labor inspectorate

If the written appeal contains questions that are not related to the labor inspectorate or are not within its competence, then the complaint is forwarded to a certain authority that can resolve it. The time for filing a complaint is seven days, no more. The employee who contacted the labor inspectorate will be notified that the complaint has been forwarded. After filing and registering a complaint, its consideration begins. In the process of carrying out these actions special employees labor inspectors inspect the enterprise, eliminating violations labor order or legal non-compliance.

In relation to the inspection, after its completion, a document is drawn up in the form of an act that confirms or refutes the complaint. If violations are identified, the employer is forced to eliminate them.

A written report on the inspection is sent to the employee who filed the complaint. The letter also indicates facts of violation of legal discipline, if they were identified. In addition, the measures taken against the employer are also reported in the letter. Next, an explanation is made of the actions that the employee must take in order to restore his violated rights.

If the result of the inspection does not satisfy the employee, then he has the right to contact the territorial inspectorate, namely, its head. In case of refusal to accept the application, or in case of failure to resolve the issue in this proceeding, the employee has the right to go to court.

Labor inspection - complaint about non-payment of wages

If wages are not paid to an employee on time or are delayed for a certain period, then he has the opportunity to contact the labor inspectorate with a complaint, starting from the first day of the delay in wages.

The special sample of such a statement is not fixed, therefore, when writing it, a free form is observed. For such an application to be considered in as soon as possible, the generally accepted scheme should be followed.

1. Introductory introduction.

Depending on which form was chosen to be written to the inspection - an application or a complaint, it indicates all the necessary information for checking the employer, such as:

full name of the enterprise;
legal and actual address of the company;
address of the director or boss;
his initials and surname, phone number, email, if available.

Please note that labor inspectorates have the right not to consider complaints that do not indicate the name of the addressee. Anonymous applications will not be considered. There are cases when a whole team writes complaints, in which case, at the end, all its employees are listed and signed.

2. The main part is descriptive.

This part of the complaint is the most important, as it describes in detail the essence of the problem. Before starting your story about the complaint, provide the inspection with the following facts:

the date on which you were hired and, if applicable, the date of termination;
the position of the person against whom the complaint is being written;
when was the last salary payment made?
the day on which wages are usually paid is established by the employment contract;
the method by which wages are received for bank card or cash;
how many days have passed since your salary should have been credited;
the amount of unpaid money;
employer's refusal to pay money in writing (optional).

3. Conclusion.

This part contains the requirements presented by the author immediately before the labor inspection.

Examples of requirements may include:

issuing a special act under which the employer is obliged to pay the employee or employees the missing amount of money or wages for a certain period of time;
bringing the employer to a fine for late payment;
bringing to administrative or criminal liability in case of refusal to pay wages.

The Labor Inspectorate welcomes messages on laws or on the labor code and certain of its articles.

4. Applications are welcome.

In addition, documents in the form of:

copies of the employment contract;
if available, a copy of the order stating that the employee was dismissed;
photocopies of passport and work book.

The final part of the complaint contains a list of documents that are attached to it. Please note that the complaint is invalid without the signatures of the sender or senders if a collective complaint is written.

Cases where the labor rights of workers are violated are quite common. The majority of people treat unfair management decisions as an inevitable nuisance, without taking any action. This is not surprising - after all, many fear punishment in the form of monetary sanctions or imminent dismissal.

At the same time Russian legislation has an extensive arsenal of tools that make it possible to protect workers and stand up for their rights. They are effective and, when used correctly, can provide effective assistance.

Therefore, when faced with an unscrupulous employer, you should not neglect your own rights and wait for the situation to resolve itself. Get help government agencies, and the problem will be resolved.

You can complain about your employer to the labor dispute commission, the prosecutor's office, the Federal Tax Service or the labor inspectorate. If you chose the last option, it is convenient to do this online. It is not necessary to go to the labor inspectorate for an appointment, just use the electronic form. Just a few simple steps– and you can count on a competent solution to the problem.

The complaint is submitted on the website Onlineinspektsiya.rf. Please note that as of January 1, 2017, new rules for submitting applications electronically have been introduced. An appeal can be the basis for an unscheduled inspection of the employer only if the applicant is authorized on the State Services website and has an account there.

Complain to the labor inspectorate online

To submit a statement about a violation of the law, first of all you need to follow the link https://onlineinspektsiya.rf/problems;

Next, you need to select a problem category;

A form will open in front of you where you need to indicate what result you would like to receive. After that, click on the “Continue” button. An addition will appear at the bottom of the page;

To continue filling out the application to the labor inspectorate, you will have to log in through the “State Services” portal using the “Login” button. If you don't have account, you will need to register;
Next, a request from the Onlineinspection.rf system will appear on the screen. to access your account. Click the “Submit” button. Otherwise, you will not be able to file a complaint about a violation of your labor rights;

After this, you will need to provide information about yourself - last name, first name, patronymic, email address, phone number. Required fields are marked with a red asterisk;

Then comes the turn of the actual statement. First of all, you need to indicate the name and actual address of the employer;

Next, enter information about legal address enterprise, your position, TIN/OGRN, type of organization, manager;

After this, you need to state the essence of the problem and explain the current situation. You can attach photographs of documents or other materials to your complaint. If necessary, you can disclose information containing the names of colleagues and management. They are indicated in the lower field;

The last stage is to re-indicate your request and confirm that you are familiar with the rules and agreement of Onlineinspektsiya.rf. You must also confirm that you do not object to the processing of your personal data by the service. After checking the box, click on the “Submit Application” button.

This completes the submission of the application to the labor inspectorate. Now you just have to wait for the results. According to the law, thirty days are allotted for consideration of the complaint. During this time, a labor inspectorate employee will check the facts you specified. If necessary, he will visit your enterprise and conduct an audit.

The inspector may require the employer to:

Company Charter;
Employment contracts;
Accounting documents;
Regulations on material rewards and wages;
Minutes of meetings of the commission on labor disputes.

Before you complain to the labor inspectorate about your employer, try to collect reliable evidence of his dishonesty. Otherwise, the results may be disappointing. An inspection carried out by a labor inspector will not bring the desired result, and time will be lost.

Why does the complaint remain unanswered?

Sometimes an application sent online does not receive a response from the labor inspectorate. There may be several reasons. Among them:

Lack of personal data in the application. If you have not entered them in the form indicated on the website, then the complaint will certainly remain unanswered. It does not matter whether you did not provide personal information accidentally or intentionally. Anonymous applications will not be considered.
The presence of guesses and hypotheses, the absence of reliable facts. A complaint may remain unanswered if it is dominated by a subjective point of view. It is unlikely that the labor inspectorate will want to delve into unconfirmed hypotheses and deal with fictitious reasons.
System error. Perhaps there was a glitch on the resource and the application simply did not reach the recipient. Submit your complaint a second time.
Invalid email address. If you indicated in your complaint that you would like an answer to email, but you gave an incorrect e-mail, the letter will not be delivered to you. Therefore, check the information carefully.
Illiteracy. Often, applicants demonstrate unprecedented ignorance. In the address you can not only see gross errors, but also find colloquial expressions, and even obscene language. Such incompetence in drawing up documents may well be the reason that the application will not be considered. When filing a complaint, try to ensure that it is written correctly.

Labor inspection is an effective tool in the fight against unscrupulous employers. Whatever the reasons for the friction between them and the employees of enterprises, if there are reliable facts, the state will always come to the latter’s defense. Therefore, you should not ignore the opportunity that is effective in most cases. The main thing is to have authoritative evidence on hand. Even if you don’t know how to correctly write a complaint to the labor inspectorate, with a little training it won’t be difficult. Just go to Onlineinspektsiya.rf. and use simple prompts to write a statement.

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 every constituent entity of the 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 work and rest schedule
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 submitting 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
His 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 to the State Labor Inspectorate (SIT). 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:

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.
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.
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 of the employment contract, all payments due were not transferred to you (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 claim must be presented briefly and accurately, and unnecessary, unimportant details must 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

carry out an inspection this fact and bring those responsible to justice;
ensure changes are made to work schedule and salary;
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 availability 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 the necessary documents for analysis ( 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 not only the manager, but also the labor protection specialist is found guilty in this case.

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 notification will also contain information regarding your further actions (if we are talking about illegal dismissal, the notice will describe the procedure necessary for reinstatement). 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.