Sample letter to labor office. Anonymous complaint to the labor inspectorate

In 2018, the State Labor Inspectorate (SLI) introduced a new online service that allows you to complain about the illegal actions of the employer without leaving home. This article will tell you how to file a complaint with labor inspection via the Internet, what is the procedure for notifying the applicant about the activities carried out by the State Inspectorate on the basis of an online complaint.

Current legislation guaranteeing compliance labor rights, gives the citizen the right to file a complaint against the unlawful actions of the employer within 3 months from the moment the citizen learned about such a violation.

Currently, an employee whose labor rights have been violated by the employer can apply to the labor inspectorate without leaving home by filling out an online application on the official website of the State Labor Inspectorate.

Complaint to the GIT through the GIT website

Below is step-by-step instruction, which will help the reader to quickly and easily file an online complaint against an employer via the Internet:

Step 1. Go to the official GIT website (onlineinspektsiya.rf), then follow the link to select the problem category (https://onlineinspektsiya.rf/problems).

Step-2 . From the provided list, select the category that best matches the gist of the complaint:

recruitment;
work time;
responsibility of the employee to the employer;
working conditions of certain categories of workers;
changing working conditions;
Time relax;
the responsibility of the employer;
dismissal;
wage;
occupational Safety and Health;
other questions.

Step-3 . After determining the category of the problem, you need to select a description of a specific violation (for example, when choosing the category “Change in working conditions” - “The terms of the employment contract have been changed by the employer”).

Step-4 . Indicate what result you would like to receive as a result of the complaint:

organizing verification of the stated facts;
initiation of administrative proceedings in connection with the violation by the employer labor law;
advice on a given issue.

Step-6 . On the State Services website, you need to fill in personal information about yourself as an applicant:

contact number;
E-mail address.

On this page, you can check the box "Receive a written response by mail", after which you will need to indicate your postal address. This information filled in if, in addition to the electronic notification on the website of the State Services, you want to receive a response from the GIT in writing.

Step-6 . The next step is to fill in information about the employer whose actions or omissions violate your labor rights:

full name of the organization;
The subject of the Russian Federation;
city, address of the location of the organization;
legal address;
Your position;
TIN/OGR;
type of organization;
information about the head (name, position).

Step-7. After informing about the employer, proceed to the description of the essence of the problem. The complaint should be stated clearly and to the point, if possible, referring to the norms of labor law (articles of the Labor Code of the Russian Federation). Be sure to attach scanned copies of documents confirming your position (entries in the work book, copies of the employment contract, employment order, pay slips, etc.).

At your discretion, additional information containing the names of colleagues and management can be reflected in a separate field (“Information containing the names of colleagues and management”).

Step-8 . The final stage is re-confirmation of the desired response of the GIT (consultation / verification of the employer / organization of administrative proceedings), as well as agreement with the rules and agreements of the online service of the GIT.

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

Every employee who believes that the employer violates his labor rights has the right to file a complaint with the labor inspectorate.
Labour Inspectorate:

Accepts and considers written appeals of citizens regarding the violation of their labor rights
Takes action against employers to address these violations

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

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

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

Employees who are employed by employers registered in Moscow and the Moscow Region can apply to this organization.
The admission of citizens to the labor inspectorate in Moscow is carried out by electronic and "live" queue. Reception is carried out at different addresses.

Specialists in the labor inspectorate in Moscow conduct consultations with citizens via Skype, and also give oral explanations by phone. There is a hotline for this.

Complaint to the labor inspectorate of Moscow

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

Personally
Send by mail

With a personal appeal of a citizen, there are no problems with filing an application. He must bring a 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. This number, as well as the date of acceptance of the complaint, the secretary will put 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 a letter as a registered letter with a notification and a description of the attachment. When the notification is returned to the applicant, it will indicate the date the letter was received. From this date begins the "countdown" of 30 days.

When filing a complaint, the employee must indicate:

Your data
Your email address and phone number
Employer data
His actual and legal address
Type of organization - budgetary or extrabudgetary
Your position
Information about the leader

Then you need to describe your problem. This must be done competently, from the point of view of the Russian language and style of address. Do not use offensive language and jargon. The complaint must be brief and meaningful, all facts must be true 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 off. After that, the complaint can be sent.

The official address of the Moscow Labor Inspectorate

The official address of the labor inspectorate 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 fixed-route taxi No. 564m, 635m.

Reception of citizens on issues related to labor rights, on a first-come, first-served basis, is carried out at ul. Upper fields, 11, bldg. 1 building 1 (left side of the two-story commercial building), a sign at the entrance "Basic center for labor protection of the Southern Military District of Moscow"; from st. Bratislavskaya metro station, then fixed-route taxi No. 520 m, 517 m, 526 m, 5 stops to Krasnodonskaya street, 500 meters on foot.
Reception time - 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.

According to statistics, every fifth citizen of Russia faces violations of the Labor Code and discrimination in the field of labor law. The law provides that citizens have the right to report non-compliance with labor laws to the Federal Labor Inspectorate.

The possibility of filing a complaint with state bodies is carried out both individually and collectively. Let's look at the cases in which a claim is allowed and what a sample collective complaint to the labor inspectorate looks like.

You should contact the FIT if a citizen has witnessed violations by the employer, or experiences discrimination personally. The main cases in which you should file a complaint with the Federal Labor Inspectorate:

Additional Information

The time for processing the application and reporting the results is thirty days, regardless of the method of its transmission. If the claim does not fall within the competence of the Inspectorate, then it will be transferred to another body for consideration. Then, within 7 days after registration, a notification of redirection of the application will be sent. You need to know that the inspection may not consider the application if it contains direct threats or insults.

During employment, the employer violated the registration procedure. If the employment contract does not contain information on the amount of salary, additional payments and the conditions for receiving them, then this will become the basis for applying to the FIT. It is important to note that the employer is not entitled to issue probation pregnant women;
At labor activity various types of discrimination were applied to the citizen:

Refusal to grant leave;
Wages were not paid on time and not in full. There are debts on payments;
Compensation provided for Labor Code(vacation, sick leave);
An employee is forced to work overtime on weekends or is transferred to workplace which does not meet the established standards.

During the dismissal, violations were committed:

The citizen was not promptly notified of the dismissal or reduction;
After termination of the employment contract, all due payments were not made;
The last working employee did not receive a work book.

Reporting violations is allowed not only while working in the organization, but also after dismissal. If a citizen is denied employment on illegal grounds, then you should also contact the FIT authorities.

The possibility of contacting the labor inspectorate is limited to 3 months from the day the employee learned about the violation. For disputes relating to dismissal - the period is 1 month from the date of receipt of the documents.

If you are late to go to court (a period of 1 month is given), the employee can safely write a statement to the labor inspectorate against the employer about the legal violation that has taken place. Even if the case is in litigation, the GIT can also conduct an investigation.

You can file a complaint in the following ways:

Personally visit the FIT and transfer the claim to specialists. It is important to make a statement in duplicate in advance. Documents proving the fact of an offense on the part of the employer (copy of the employment contract, reports) can be attached to the complaint;
Use the services of the Russian Post. It is important to send a letter with a notification and an attachment with an inventory. Then FIT specialists will check the availability of documents with the inventory and confirm receipt;
Visit the official FIT website and fill out the electronic form.

Employees of the Labor Inspectorate process the application within 30 days and, upon completion of the inspection, notify them of the results. If the complaint does not fall within the competence of the FIT, then it will be transferred to another competent authority for consideration within seven days after registration. Citizens receive a notification about the redirection of the application. It is important to note that FIT specialists will not review a claim that contains threats or insults.

The video explains what the state labor inspectorate can do

Advantages and features of filing a collective complaint

Important advantages of a collective complaint to the employer are:

The weight of the claim, due to the greater objectivity of the team in comparison with the subjective point of view of one employee;
The mass nature of the complaint, which can attract the media or entail social consequences if the problems identified in the complaint are not resolved;
Absence of contradictions in the assessment of the actual problem.

According to Federal Law No. 59, there are no serious requirements for filing a collective complaint. When writing a claim, it is important to adhere to the following principles:

All applicants must agree with the content of the collective complaint;
In the upper right corner, you must specify the personal data of all applicants. Information about date of birth, position, e-mail address is optional;
The first part of the complaint must contain specific facts indicating mass violations of labor rights. In addition, it is necessary to indicate the motives according to which the applicants consider their rights violated;
The second part of the complaint must contain a list of the claims made by the applicants;
At the end of the document, it is necessary to affix the signatures of all applicants along with a transcript;
The document must reflect the contact person authorized by the applicants to file a complaint.

The claim must include the following information:

The header of the document contains:

The name of the organization to which the complaint is filed;
Position and full name of the head of this organization;
Full name of the person representing the interests of the team.

The word "Complaint" is written in the center of the sheet;

The "body" of the document contains:

Name of the employer with clarification of the organizational and legal form;

The reason for petition. It is important to explain how the manager violated the rights of the employees of the organization;

Dates of these violations;

applicants' requirements;

Documents that can confirm the stated claims;

Date of submission of the application;

Signatures of all applicants.

Attention: If the sender's coordinates (address, last name) are not included in the complaint, then it is not considered.

If, as a result of an inspection by FIT employees, offenses are found, the employer will be issued an order to eliminate the violations as soon as possible. If the manager does not take appropriate action or the violations are serious, then the employer will be sued in court.

Do you have any questions? Ask them in the comments to the article

You can write a complaint to the labor inspectorate in several ways, including online. The main thing is to clearly argue your position and correctly state the essence of the claims against the employer.

Very often, when disagreements arise between an employer and an employee, the latter has no choice but to complain to the appropriate authorities. Most often, workers go to complain to the labor inspectorate.

What is GIT

The State Labor Inspectorate is a state body responsible for overseeing the observance of labor legislation and labor protection at all enterprises in the country.

The Labor Inspectorate has the following powers:

conducts scheduled inspections of employers for compliance with the law and, in case of violations, issues an order to eliminate them and imposes penalties on the guilty persons or on the enterprise as a whole;
conducts unscheduled inspections based on complaints received from employees. At the same time, inspections are not limited to the area of labor legislation to which the complaint relates. That is, having come in response to a complaint about delayed wages, inspectors can check the maintenance of other documents;
participation in commissions for the investigation of accidents with a fatal outcome, or that entailed serious consequences for a group of people. Based on the results of the investigation, issues a decision on the nature of the accident and the degree of guilt of its participants and the employer;
consideration of complaints and disputes on labor issues between the employee and the employer. In this case, not all disputes that arise are within the competence of this body. The most frequent questions are about the unlawful imposition of a penalty, about illegal dismissal and non-payment of all due amounts, as well as delay wages. At the same time, questions about the amount of payments should already be dealt with by the judicial authority, although the employee can also address this issue to the GIT.
advising both employees and employers on issues of labor legislation and labor protection, clarification of current legislative acts. Moreover, the appeal of the representative of the employer for help does not entail verification, even if during the consultation it turned out that errors and inconsistencies were made.

When to ask for help from GIT

As a rule, if serious disagreements arise between the employee and the employer, they lead either to punishment or to the dismissal of the employee, which is not always legal and justified.

But since the employee is not able to solve such issues on his own, he has no choice but to resort to help. government agencies protecting the interests of workers.

In what cases should I write a complaint to the labor inspectorate?

The employee has the right to contact the GIT in any case when his rights are violated, or he thinks so.

But at the same time, he must understand that in the current realities, applying to the labor inspectorate means a conflict with the employer, and most likely he will have to quit. Although it should be said that this is still more applicable to private companies, in state organizations the employee is more protected.

The most frequent cases when an employee goes to the state labor inspectorate:

violation by the employer of the Regulations on remuneration and the Collective Agreement;
wrongful imposition disciplinary action. Here it is possible that the punishment was legal, but a mistake was made in the design and the employee knows about it. In this case, unfortunately, the GIT will still take the side of the employee, since paperwork is considered a priority for any offense. This applies to all labor issues;
wrongful dismissal, especially if it is made under a negative article without good reason. The employee is forced to file a complaint so that the “bad” record does not affect his future employment;
delay in wages. In this case, contacting the inspection is advisable only if the entire salary is official;
unlawful reduction or transfer to another job;
violation of the rights of pregnant women (sending on a business trip, involvement in overtime work and work at night, etc.). The employer should remember that pregnant women are a special caste, and almost everything is allowed to them. Labor inspectors always make decisions in favor of the pregnant woman, and the penalties in this case can be quite tangible. This is exactly the case when the employer must, for its part, make every effort to resolve the conflict.

These are the main reasons why complaints come to the labor inspectorate, in fact there are many more.

Note! The fact that an employee turned to the labor inspectorate does not mean at all that he will be right, but even if he is found guilty of a conflict, the labor inspectorate does not apply any sanctions to him, leaving this at the discretion of the employer.

Our lawyers know The answer to your question

or by phone:

A complaint against an employer is written in any form; there is no unified form for its execution.

It must contain the following details:

Name state inspection where it is served;
Full name and falsity of its leader;
Full name, passport details and address of registration of the citizen filing the complaint;
the name of the document, that is, the complaint;
the text of the complaint. It should state the essence of the matter in as much detail as possible;
the date of writing the complaint and the signature of the employee who wrote it.

The complaint may be handwritten or typed on a computer, it does not matter and does not affect its legality.

The complaint can be collective, then under it will be the signatures of all the employees who made it.

Note! If the complaint does not contain the data of the person who made it, then the inspection will not accept it for consideration, but at the same time, the complaint can be marked that the applicant asks not to disclose his identity.

This measure is appropriate only when it comes to general violations, and not those that relate to a particular employee, since in this case it is hardly possible to keep incognito.

How to send a complaint to the labor inspectorate

There are several ways to file a complaint with the labor inspectorate.

First of all, it can be carried personally and given either to the inspector or to the reception. In this case, you need to keep a copy for yourself, on which the receiving party will put down the incoming number and date.
You can send a complaint by mail by registered mail. In this case, you need to pay attention to the exact filling of all the data of the person who made the complaint.
Another way to complain about the employer is to fill out the appropriate form on the official website of the state labor inspectorate.

Whatever method of sending a complaint is chosen, the inspectors still accept it for consideration. A period of one month is allotted for conducting an investigation and making a decision, after which they make a decision, about which they inform the person who filed the complaint.

How the investigation is carried out

On the fact of the complaint, the employees of the GIT are obliged to conduct an investigation. The way it is carried out depends on the circumstances of the case, it can be conducted in two ways:

held field check when the inspector comes to the enterprise that appears in the complaint and requests the necessary documents there. This method of verification is less desirable for the employer, since in its course the inspector can check other documents and if he finds disagreements with the law, he has the right to issue a fine and issue an order to correct;
the inspector calls the representative of the employer with all necessary documents to himself and there he considers all the circumstances of the case on the basis of the papers provided. For the employer, this method is preferable, since only specific documents are subject to verification.

The inspector chooses the method of verification at his discretion.

Actions of the employee and the employer after receiving a response to the complaint

If the received answer does not suit one of the parties, they have the right to appeal against it in other instances, the prosecutor's office or the court.

You also need to remember that the employee has the right to apply simultaneously to several instances at once, but if their decisions do not match, then the decision made by the judicial authority. But it can also be challenged.

The appeal period is 10 days, that is, during this period the dissatisfied party must have time to file a complaint.

Note! According to the current labor legislation, the employer cannot dismiss an employee who complains about him to the labor inspectorate, so if this happens, the employee needs to collect all the evidence and file a complaint against the employer again.

A complaint to the labor inspectorate should be considered as a last resort, when all the ways to resolve the conflict between the parties have been exhausted. Because although inspectors more often make decisions in favor of employees, for the latter this will not be a guarantee that their rights will be preserved in the future.

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

In order to defend legal rights, it is worth knowing for what reasons they turn to a labor inspector, how to correctly write and submit an application, whether it can be done anonymously.

Employees face unfair punishment, fines and biased dismissals based on personal conflict with management. And this is not a complete list of possible offenses. In what cases should an employee contact the labor inspectorate?

This is not a complete list of reasons. Each violation of labor legislation by the employer is a reason for appeal. The first assistance in protecting rights will be provided by the labor inspectorate. You can defend your rightness in court, but this procedure is longer and more complicated.

In a situation where an employee is still working in an organization, and after the dismissal is afraid of the actions of the former employer, when filing a complaint, I want to keep anonymity. Is it possible? Looking for someone. It will not be possible for the labor inspector to remain in the shadows, "anonymous" applications are immediately rejected and are not subject to consideration.

The opportunity to remain anonymous for the employer exists. To do this, the application must mention the request not to disclose your personal data to a third party.

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

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

Otherwise, the procedure for drafting and filing individual and collective complaints are identical.

How to make an application

Following simple rules will help you make 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 territorially fixed at the address of the employer. Such information is publicly available on the Internet, for example, on the public services portal.
Determine the nature of the claim. 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 in writing the essence of the complaint.
Gather documentary evidence. It could be labor contract, drawn up in violation of the norms of the Labor Code, a "gray" statement for the issuance of salaries, an order to fine employees. Attach the 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 (FZ No. 59 article 11, paragraph 1):

Hat: the name of the inspection, the address of the department, the official, from whom the application is from, the place of its registration and contact phone number are indicated.
Body: full name of the employer, a detailed description of the offense, the requirements.
Ending: signature of the applicant or all applicants in case of a collective complaint, date of writing.

An example of an individual complaint.

An example of a collective complaint.

Submission methods

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

Personal contact 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. On the second copy, when submitting documents, the inspector must put the date of receipt and signature.
Sending an application by mail. Submit your application by certified mail. The notification will be a guarantee that the letter has reached the addressee.
Submitting a complaint online. The application is made 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 the item "Send an application to Rostrud".

Step 4. Select the topic of the appeal from the list provided. In the "Text of the appeal" field, enter the essence of the complaint according to the model indicated above.

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

Step 7. Fill in the details of your employer. There are no required fields here. More complete information reduces the time of verification.

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

Terms of application and consideration

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

If there is a desire to challenge the dismissal, to be restored to the previous workplace, then submit an application immediately, upon the fact of a violation of rights.

The inspector will be assigned to consider the complaint 30 days. Within this period, the applicant must receive a response.

What threatens the employer

The answer is an unscheduled inspection of the organization by a state inspector to identify violations. The check is carried out in two directions: occupational Safety and Health And personnel accounting.

TO first categories include: safety instructions, fire drills, permits, etc. Co. second: timesheets, regulation on bonuses, introduction of personal files of employees, accounting work books etc. The inspector will check the documents for the presence and correctness of their compilation.

What are they checking?

availability of a complete package of documents;
maintaining "personnel primary";
the content of the employment contract;
local acts;
areas for conducting holidays, payroll;
maintenance and accounting of 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.

How to write a complaint, you can learn from this article.