Warning letter to the labor inspectorate. How to write and submit a complaint to the labor inspectorate against an employer

In the course of each employee’s activities, conflicts may arise with employers if a violation occurs labor rights. Most often, such situations are resolved peacefully within the work collective. However, sometimes it comes to the point where a complaint is required labor inspection.

In what cases should I contact

The State Labor Inspectorate and, accordingly, its regional branches are designed to:

Consider appeals from citizens claiming violations of their labor rights;

Take measures to eliminate found violations and restore violated rights.

Based on this short list of inspection functions, it becomes clear that we are talking about almost any violation of labor laws. As a result, a complaint to the labor inspectorate can be filed in cases where:

• the citizen is not provided with the job specified in the employment contract;
• wages were not paid in full or were not paid on time;
• provided this workplace that does not comply with labor protection requirements or the terms of the collective agreement;
• the employee does not have a compulsory social insurance agreement;
• the employee is not provided with rest time or is not provided with it in full.

This list is not closed and allows for the emergence of new reasons for contacting the inspectorate. For example, a candidate for a position can complain about an employer if he was refused employment under a far-fetched pretext. Moreover, if the violations are widespread, then a collective complaint to the labor inspectorate may be necessary. In such cases, the inspectorate checks employers with redoubled energy.

Where to contact

At the head of the entire hierarchy is the Federal Service for Labor and Employment, or Rostrud for short. Lower in rank are inspections that perform their functions in the constituent entities of the Russian Federation, and even lower in cities and regions.

To register your claims, you should write a complaint to the labor inspectorate, which is in charge of the employer’s location address. The higher authorities should be contacted if the result of the review does not satisfy the applicant. The address of the local inspection can be found in the telephone directory or on the Rostrud website.

Which way to send

Until recently, there were two ways to file a complaint with the labor inspectorate:

• visit the inspection in person and submit documents to the secretariat or inspector;
• send a complaint by mail by registered mail, preferably with acknowledgment of delivery.

The document should be printed in two copies. In the first case, the second copy will bear a mark indicating acceptance for consideration by the inspection; in the second case, the receipt receipt will be attached to it.

However, Internet technologies have made it possible to add another very convenient way to those listed - electronic. Rostrud has launched a service through which a complaint can be filed with the labor inspectorate online, that is, from its website you can immediately contact inspectors. Moreover, here, in turn, you can use two options:

• send a complaint electronically within the framework of the Onlineinspektsiya.rf resource, and then the response will be, rather, of an advisory nature;
• or you can contact us through the website to receive an official response, which will be in a legal form and can serve as an argument in legal proceedings.

What arguments to give

In all cases, it is advisable for a citizen making such applications for the first time to consult with competent persons. Usually, in such cases, a specialist from the territorial inspection will be able to help, who will tell you which articles of law to rely on. Thus, the Moscow labor inspectorate, for example, allows you to write a complaint right in its office.

The wording of the claim must be clear and not subject to ambiguity. Please indicate:

• what labor rights the employer violated;
• what articles of legislative acts define these rights (usually the main document referred to by applicants is the Labor Code of the Russian Federation);
• in what period the rights were violated;
• what the employer refers to when carrying out illegal (in the opinion of the applicant) actions;
• what is the debt to the employee for wages, vacation pay, bonuses and other payments (if they are involved);
• what costs the employee incurred as a result of such actions of the employer.

This list is, of course, not final. Quite often, employees complain about working conditions, vacation delays and other similar circumstances that do not cause visible material damage.

How to support your arguments

To confirm that the applicant is right, it is highly desirable that the complaint to the labor inspectorate be supported by weighty arguments. These are usually documents.

There is no strict list of them, but from the documents available to the employee you can submit to the inspection:

1. An employment contract containing clauses that do not comply with the law, or clauses that have been violated (working hours, working week etc.).
2. Pay slips issued by the employer when issuing wages.
3. Salary account statements bank card, which receives funds from the employer.
4. Contested order for dismissal or leave “without pay” and others.

Submitting a complaint to the labor inspectorate must be accompanied by copies of the documents provided. You should keep the originals for possible further litigation.

How to write a complaint text

There is no strict form of complaint to the labor inspectorate. But the text must necessarily contain the following details and information:

• name of the territorial inspection;
• last name, first name, patronymic of the head of this inspection (if this information is not available, you can limit yourself to the title of the position);
• surname, name, patronymic of the applicant;
• the title of the appeal is “complaint” or “application”;
• the essence of the complaint;
• signature and date of writing the complaint.

Sample complaint

As a result, a sample complaint to the labor inspectorate will look something like this:

State Labor Inspectorate of ___________

To the boss ________________________________

from __________________________________________,

living _____________________________________

tel. _____________________ (indicated if

need immediate communication)

Until _______ (date) I worked at the company ___________ (company name and address) in the position of ________. The manager _________ (full name) fired me on _______ (date and order number) under a far-fetched pretext. Thus, my rights specified in Article _____ of the Labor Code were violated.

I ask you to take measures to restore the violated rights and reinstate me in my previous position.

Attached are copies of documents:

1. ______________________.
2. ______________________.

Date ___________________ Signature ____________________ Full name

Of course, this is just an example of a complaint to the labor inspectorate, and the essence of the complaints may be completely different.

How to check an employer

The received complaint will become an indispensable basis for conducting an audit of the employer’s actions. From the work practice of inspectors, it is clear how the labor inspectorate carries out an inspection based on a complaint.

1. First, the existing composition of documents will be examined. In other words, inspectors will check whether everything necessary documents in stock. This refers to the collective agreement, staffing, rules labor regulations, employment contracts, time sheets, pay sheets, regulations on allowances and bonuses, register of sick leave, vacation schedules. However, the interests of inspectors will not be limited to this list: they will certainly need work books and a book to record their movements, and personal cards.

If the complaint contains complaints about working conditions, they will also check labor safety.

2. Then the correctness of execution of the available documents will be checked. Particular attention will be paid to employment contracts, which may contain the following shortcomings:

• Some workers do not have employment contracts.
• Employment contracts with a limited duration (fixed-term) do not provide grounds for such a limitation.
• Employment contracts indicate that payment is made in accordance with staffing table, and there is no tariff rate or salary. This situation indicates a violation of Art. 57 Labor Code of the Russian Federation.
• The employment contracts contain a statement that for the time being probationary period the salary will be lower than that of the main personnel. There is a violation of Art. 132 Labor Code of the Russian Federation.

Employees applying for a job need to pay attention to the fact that they enter into employment contracts, and not civil contracts, as is often the case. In the latter case, the employer makes his life easier and avoids paying personal income tax and insurance premiums. And the citizen will have to submit the tax return himself. If the labor inspectorate receives a complaint about this, the employer faces serious sanctions: in addition to the fact that he will have to pay “saved” taxes and contributions, he will pay penalties and fines.

What are the consequences for an employer of violating labor laws?

In rare cases, a complaint to the labor inspectorate remains without consequences. Sanctions are still applied, but they depend on the severity of the violations. Inspectors have very broad powers of punishment, and they can and have the right to:

• issue orders to eliminate detected violations;
• bring the perpetrators to administrative responsibility;
• issue instructions to management to bring responsible persons of the organization to disciplinary liability;
• suspend the work of entire companies, their divisions, or even individual sections, if significant violations are discovered that result in a threat to the life and health of workers;
• remove from work persons who have not been trained in workplace safety;
• petition law enforcement agencies to bring violators to criminal liability, if circumstances so require;
• act as experts in the consideration of administrative and criminal cases of violations labor legislation.

The result of the inspectors’ work will be an inspection report, to which, if violations are found, an order must be attached to eliminate them with specific deadlines. The act will be further reviewed by the inspection management and a decision on punishment or lack thereof will be made. The resolution will be communicated to the management of the organization and to the applicant (unless the complaint is anonymous). The period for consideration of a complaint by the labor inspectorate is 30 days, counting from the moment it was received by the inspectors. It can be extended, but only for another month, no more.

Where to appeal if you disagree with the results of an audit

Appeal system in government institutions it is designed in such a way that it is not recommended to go over your head. This means that if you disagree with the results of an appeal, you should first contact a higher authority, that is, the republican, regional or regional labor inspectorate.

At the same time, no one forbids immediately filing a lawsuit against the employer, however, as mentioned above, local courts will involve local inspectors as experts.

There is another resource that is very widely used when seeking fairness in labor relations. This is the prosecutor's office. Law enforcement officers of this department are especially fond of issues related to wages and act in court on the side of injured persons.

Anonymity or formality – what to choose?

In some cases, employees, wanting to complain about the unlawful actions of the employer, want their name not to appear anywhere during the audit. Let us note that if a complaint to the labor inspectorate was received anonymously, then according to the law it cannot be considered.

But the labor inspectorate provides some kind of incognito replacement. In the text of the complaint, you can indicate your desire to remain anonymous to the public. Inspectors will be required to maintain secrecy. In addition, they will check the organization for all employees, and it will be impossible for the employer to understand who wrote the application.

An organization that protects the rights of citizens in terms of labor relations and provides the parties employment contract information about existing standards is called labor inspection. Any dispute based on violations of Russian labor legislation can be resolved if the complaint against the employer to the labor inspectorate is justified and filed in accordance with all the rules.

Where to file a complaint against an employer?

The answer is clear - you need to complain to the labor inspectorate.

The labor inspectorate is the very government supervisory body that can help you. He monitors the implementation of the norms and rules of the Labor Code of the Russian Federation in each individual organization that conducts its activities officially and in accordance with the laws of the Russian Federation.

If you work in an organization that is not registered in any way, conducts its activities illegally and, accordingly, you are not registered in it, then you can contact the prosecutor or the Ministry of Internal Affairs with your complaints.

Private and collective complaints to the labor inspectorate

An application to the territorial body of the state labor inspectorate (hereinafter referred to as GIT) can be sent by any citizen whose rights have been violated. You don't have to be an employee of the company to do this. For example, this could be a person who has already terminated his employment contract or someone who, he believes, was unfairly denied a job.

You can also write a complaint to the labor inspectorate collectively - this will add weight to the statement, since it will reflect the opinion of several people at once.

Anonymous complaint to the labor inspectorate

Attention: anonymous applications are not accepted by the inspectorate. But, if an employee is afraid of persecution or prejudice from a manager, how can he complain to the labor inspectorate without harming his career? You should know that the state inspector must protect a secret protected by law if the applicant himself objects to its disclosure.

What does the labor inspectorate check?

If, on the basis of a complaint, an inspection is carried out by the labor inspectorate, what is checked and what events can provoke it depends on the nature of the violations.

It could be:

• delay or non-payment of wages, compensation (calculation) payments upon dismissal;
• violation of the work schedule or vacation schedule, failure to provide breaks from work for rest;
• cases of industrial injuries, non-compliance with safe work standards;
• incorrect calculation of sick leave payments and other insurance payments;
• failure to provide a position provided for by the labor contract (employment contract) or provision of a position that does not correspond to that specified in the contract, other violations of labor rights.

Powers of the labor inspectorate

GIT has the right to perform the following functions:

• control over the strict implementation of labor legislation;
• consideration of cases and drawing up protocols (within the scope of authority) on violations of an administrative nature;
• issuing orders on the need to eliminate violations, preparing various documents to bring violators to justice;
• forwarding the collected information to regional executive authorities, courts, and law enforcement agencies.

Contacting the labor inspectorate

Deadlines for filing and consideration of a written complaint

The possibility of contacting the labor inspectorate is limited to 3 months starting from the day the employee learned of the violation. For disputes regarding dismissal, the period is 1 month from the date of receipt of the documents. If you are late to go to court (the deadline is 1 month), the employee can safely write a statement to the labor inspectorate against the employer about the legal violation that has occurred. Even if there are legal proceedings in the case, the State Tax Inspectorate can also conduct an investigation.
To confirm receipt of the complaint, the inspector must endorse the complainant's copy. He must respond to the filed complaint within 30 calendar days. The response time may be increased if there are good reasons, about which the applicant must be warned. The response is sent to the address (electronic or postal) specified in the appeal.

Attention: If the sender’s coordinates (address, last name) are not included in the complaint, it will not be considered.

Ways to file a complaint

A person has the opportunity to choose how to complain to the labor inspectorate about an employer in a way convenient for him:

• Visit the territorial office of GIT;
• Use postal services and send your request by registered mail;
• Fill out the online form on the official website of the labor service and attach the necessary documents to electronic form online - //onlineinspection.rf/problems

How to contact the inspectorate

How to write to the labor inspectorate for an employer and where to start:

1. Determine the address of the inspectorate responsible for your employer (as a rule, the division occurs territorially), and if you small town, then GIT - 1 per city;
2. Draw up a complaint that will contain complete information about violations of legal rights;
3. Attach copies of documents confirming your identity, as well as the stated facts;
4. Use the convenient document submission form.

How to write an application to the labor inspectorate (sample)

There is no unified application form, but it must be compiled in such a way that the information it contains can reflect the current situation. Let's consider the data that must be indicated in the complaint:

• Name territorial body labor inspectorate, full name of its head, position.
• Full name of the complainant;
• The applicant's address for receiving a response;
• Name and address of the working enterprise;

The explanatory part states:

• The applicant’s position, date of acceptance/dismissal from work (if these events took place)
• Facts and arguments directly indicating a violation of labor legislation, the result of an appeal to the manager and attempts made to resolve the issue;
• Expressing your point of view on options for solving a problem;
• Date of application, signature.

The complaint specifically indicates detailed circumstances, dates, names of citizens involved in the violation of the law, and also refers to documents (copies must be attached to the application) that are important for the consideration of the case. For example, an application to the labor inspectorate about non-payment of wages will contain information about the planned and actual date of payment of wages, and methods of calculation. Only facts are indicated, without describing events that are in no way related to the case. The complaint is accompanied by copies of documents confirming the applicant’s identity, employment or dismissal from work, etc. A sample application to the labor inspectorate can be viewed and downloaded for review.

Consequences of consideration of the complaint

As a result of your complaint, at the end of the investigation, a report is drawn up. If the facts are confirmed, the employer faces the following consequences - the State Labor Inspectorate has the right to react as follows:

• issue an order to further eliminate violations;
• draw up a protocol (within the powers) on administrative violations;
• suspend an employee or personnel of the organization from work;
• prepare documents on bringing labor law violators to justice;
• provide relevant information to local authorities, law enforcement agencies, and the court;

If you write a complaint to the labor inspectorate against an employer for violations that are not within the powers of the State Labor Inspectorate, then within one week it will be sent to the authorities that deal with these issues. In this case, the applicant is notified that the application has been forwarded.

After studying the circumstances of the case, the applicant is sent a written response about the results of the inspection. It provides an explanation of whether the violations have been confirmed and what measures have been taken against the manager. If it is not possible to solve the problem within the competence of the labor inspectorate, then the citizen is explained the options further actions provided by law to restore his rights. The results of the inspection can be used as an argument in court.

Citizens have the right to challenge the decision by filing a complaint with the higher management of the State Tax Inspectorate or appeal to the prosecutor's office and court. If the applicant is not satisfied with the complaint to the labor inspectorate against the employer, a sample document for applying to higher authorities to recognize the decision of the State Labor Inspectorate as illegal can be downloaded here.

Lawyer at the Legal Defense Board. He specializes in administrative and civil cases, compensation for damages from insurance companies, consumer protection, as well as cases related to the illegal demolition of shells and garages.

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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, 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 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. 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;
• an 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

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

1. 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 publicly available on the Internet, for example, on the government services portal.
2. 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.
3. 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):

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.
2. Body: full name of the employer, detailed description of the offense, requirements.
3. End: signature of the applicant or all applicants in a 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 notification. 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 complete 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. Former employee has the right to file a complaint at any time after dismissal, and to challenge their 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, bonus regulations, introduction of personal files of employees, accounting work records 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”;
• contents of the 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.

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

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

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

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

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

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

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

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

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

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

Types of activities of the labor inspectorate:

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

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

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

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

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

Situation 1. Delay or non-payment of wages

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

Situation 2. Incorrect calculation of compensation upon dismissal

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

Situation 3. Non-payment of benefits

Russia is a social state, so a large number of citizens belong to the preferential category. They are entitled to benefits, the payment of which depends on many factors. The authorities administering these payments sometimes commit violations and deny citizens their legal right. In this case, you also need to contact the inspectorate.

Example

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

The son went to study and applied for a social scholarship, but he was refused, citing the fact that he and his father had sufficient income and also had their own apartment.

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

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

Situation 4. Refusal to exercise the right to leave

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

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

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

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

Rules for filing a complaint to the labor inspectorate:

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

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

Method 1. Contact the labor inspectorate in person

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

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

What documents are needed to apply to the labor inspectorate:

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

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

Method 2. Send an application by mail

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

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

Method 3. Via the Internet

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

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

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

2) Lexlife

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

Company services:

3) Yuskon

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

Now I suggest you watch a thematic video.

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

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

How to do this - read below.

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

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

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

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

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

Action 3. Go to court

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

If your employer violates labor laws, refuses leave, does not pay bonuses, or delays payment of wages, the Labor Inspectorate should help.

How to write correctly complaint to the Labor Inspectorate and how to achieve compliance with the terms of the contract on the part of the employer, we will consider in this article. The State Labor Inspectorate is the body that monitors compliance with the norms of the Labor Code.

Contacting the labor inspectorate

These responsibilities are imposed on the Labor Inspectorate by Decree of the Government of the Russian Federation No. 324 of June 30, 2004 “On approval of the regulations on Federal service on labor and employment."

Accordingly, the Labor Inspectorate is obliged to conduct scheduled and unscheduled inspections to monitor compliance with labor laws on the part of the employer.

These unscheduled inspections by the State. labor inspection should be carried out in the event of complaints from employees about violations of the labor rights of workers.

Therefore, in case of any violations of your labor rights - in case of non-payment by the employer of benefits and bonuses due to you, in case of violation of the required working hours, in case of non-payment of overtime, in case of violation of the vacation regime, you have the right to complain to the State Labor Inspectorate of a particular territorial unit or through the online form appeals.

How to write a complaint to the Labor Inspectorate

There is no clear answer to this question, since there is no single form of complaints in labor and civil legislation, so you can write a complaint in any free form. The only requirement is compliance with the rules business correspondence, including the following:

• Reliability, brevity and accuracy of presentation of information. As always, you should present only verified facts that can be double-checked, and avoid subjective assessments and reasoning that are not relevant to the essence of the matter.
• Rules of the Russian language, correct presentation and adherence to spelling rules are required. Stick to proper presentation.
• Be sure to write your details correctly: full name and contact phone number to send a response to the complaint.

Complaint against an employer to the labor inspectorate - writing sample

An example plan for writing a complaint is given below:

State Labor Inspectorate
Krasnodar,
Microdistrict Kamvolno-Sukonny Kombinat,
1st Zarechnaya street, 17
from Feodorov Feofan Izmailovich
Krasnodar, st. Sormovskaya, 12, apt. 1
contact phone: 11-11-11

COMPLAINT

From 2014 to the present day, I have been working as a gas worker at the gas station of Gazpromneft-Center LLC, which is located at the address: Krasnodar, Uralskaya street, building 96/3. From August 2015 to the present, the employer has not paid me a bonus, citing the fact that the parent organization Gazpromneft-Center LLC has switched to strict cost savings mode due to the global economic crisis and established a bonus percentage of 0.45% for all gas station workers. I have repeatedly written applications for the restoration of payment of the bonus due to me under the contract, but the accounting staff and the management of the gas station did not accept my applications for consideration.

After another refusal on September 16, 2016, I wrote a complaint to general director Society of Ivanov Efim Solomonovich. Although the receptionist accepted my application, she refused to sign the second copy. I did not wait for a response to my appeal.

Then I tried to talk to the director in person and made an appointment for October 11, 2016. During the conversation, the director pointed out that no one in our organization receives a bonus, not even the director, and suggested that I look for best conditions in other organizations.

In connection with the above

1. Check the above facts and bring the perpetrators to justice.
2. Ensure the exercise of my right to full payment of the bonus in accordance with the concluded employment contract.

What methods of filing complaints with the Labor Inspectorate are there?

Complaints to the Labor Inspectorate can be sent in three ways.

• Personally come to an appointment with a specialist and give him a complaint.
• Send the complaint to the address of the Labor Inspectorate using Russian Post.
• Submit a complaint online on the website State Inspectorate labor.

Let's look at the advantages and disadvantages of each of these three methods:

• In the first case, you standardly write 2 copies of the complaint indicating to whom it is addressed and from whom it is sent, enter your contact and passport information, go with it to the inspection and give it to a specialist. Make sure that the time of filing is recorded on the second copy of the complaint with the date and signature of the official who accepted the document from you. It is important to indicate not only the address for a response, but also a telephone number to resolve issues that may arise during the review process.
• If you decide to send your complaint by mail, the process will be much the same. At the post office, you will have to fill out a notification form and send the complaint by registered mail with notification. The notice should be returned to you with the date the complaint was received and the signature of the official who received it. The mailing receipt also serves as proof of mailing until the notice is returned. The second copy of the complaint is not used in this case.
• Finally, if you are filing a complaint online, you will have to find the labor inspectorate website, find the link in the “Report a problem” drop-down menu, select one of 11 problem categories (for example, employer liability, change in working conditions, or dismissal), fill out the information , choose what result you expect to get (for example, holding the employer accountable or just getting advice). Thus, submitting an application through the online site is quite simple and convenient. If your category is not on the list, you can write to the “Other questions” section.

To send an application, you must provide certain information about yourself, that is, indicate your name, provide your residential address, telephone number for contact and email for a return response to your application.

Moreover, you can choose the method of receiving the answer yourself, whether it will come to the Russian Post or to your email box.

Also choose the purpose of your appeal, that is, do you just want to consult, or do you want to initiate a case against the administration of the enterprise, or initiate an audit of the organization to bring the perpetrators to justice.

After these formalities, you write the text of your appeal. We have already considered the basic rules for drawing up a complaint, so we will only add the possibility of attaching scanned copies to the complaint necessary documents– employment contract, etc.

Is everything ready? Click “Submit Application” and it’s done!

Important additions when contacting the Labor Inspectorate

1. The response time to your complaint is no more than 30 days from the date of filing. This period is fixed in the text Federal Law“On the procedure for considering appeals from citizens of the Russian Federation.”
2. You must provide information about yourself (full name, address, telephone number) and this information must be reliable. Otherwise, your complaint to the labor inspectorate may be left without consideration. In addition, insults or curse words are not allowed in the text of the complaint; these violations also mean that your complaint will not be considered.
3. If an inspection was carried out based on your complaint and its results did not satisfy you, you have the right to appeal the actions of the inspector conducting the inspection to his immediate supervisor. If this does not bring the expected results, you can go to court. In many cases, the easiest way to get back the payments you are entitled to that are delayed by your employer is through the courts. It makes sense to write to the prosecutor's office only in case of required sanctions against officials who have violated the law.
4. To speed up the consideration of the issue, you can contact all authorities simultaneously: the Labor Inspectorate, the court and the prosecutor's office.
5. Of course, before making a complaint, it is advisable to make an attempt to resolve your issue amicably, that is, first address your complaint to your manager, specifying in the complaint the proposed measures to resolve the situation and the time frame for resolution. If your demands are legitimate, this method is often more likely to lead you to a resolution of the conflict.
6. Attention! If your employer puts pressure on you and persuades you to write a resignation letter of your own free will, do not give in under any circumstances. He has no right to fire you without documented violations on your part. And if it happened in violation of the law, you can appeal this decision and be reinstated at work and receive compensation for damages.

If your complaint to the labor inspectorate remains unanswered, write a second one, making sure to specify in the text of the complaint that this complaint is being filed a second time and that you have not received a response to the first complaint filed on such and such a date. To appeal a decision on the labor inspectorate’s refusal to accept your complaint for consideration, the response sent to you must contain the reason for the refusal, and if you do not agree, you have the right to appeal to higher authorities to restore justice.