Complaints regarding labor disputes. State Labor Inspectorate - functions and powers. Rules for filing a complaint to the labor inspectorate

Protecting the rights of workers in the event of their violation by the employer is the task of the state. You can make a complaint to several authorities at once: State inspection labor, prosecutor's office or court. Let's look at where to complain about an employer and how to do it as effectively as possible.

Major violations of workers' labor rights by the employer

Rights and responsibilities of all participants labor relations recorded in Art. 21 and 22 of the Labor Code of the Russian Federation. For an employee for violation of these rules, it is provided disciplinary liability, the right to apply which is vested in the employer. In case of violations by the employer, only the state can bring him to administrative or criminal liability.

The following actions of the employer are the basis for applying to government authorities:

• entrusting the employee with duties not provided for in the employment contract and job description without his consent expressed in writing;
• Exceeding the volume of assigned work to the conditions employment contract;
• delay of salary, its discrepancy with the amount in the contract;
• creation of working conditions that do not meet safety requirements;
• establishment of work duration in excess of the permissible limit, absence of conditions on irregular working hours or accounting for overtime work and additional payment for it;
• failure to provide vacation or days off;
• lack of social insurance and required payments, “gray” salaries;
• illegal transfer, reprimand, dismissal;
• other violations of the Labor Code.

All of the above cases relate to existing employment relationships. However, there are situations when a citizen who is not in an employment relationship has the right to file a complaint against the employing company. If, when applying for employment, an unlawful refusal was received that was not based on business qualities applicant or inconsistency qualification requirements, that is, a reason to complain about manifestations of discrimination expressly prohibited by law.

Where to complain about violation of your rights

An employee has several addresses where to complain about an employer if his rights are violated. For this purpose, a primary trade union organization and a labor dispute commission. The trade union committee is engaged in protecting the interests of all employees, and the CCC considers individual appeals from employees challenging certain actions of the employer.

However, these bodies may not exist in a particular organization, or contacting them may not bring the desired result. In addition, dismissed employees, for a completely objective reason, do not have the opportunity to contact the trade union committee or the CTS. In this case, employees have a choice of where to complain about their employer:

• Labor Inspectorate under Rostrud;
• law enforcement agencies represented by the prosecutor's office;

Filing a complaint with them has one common feature - it cannot be done anonymously. Applications without information about the applicant are not considered by government agencies and no action is taken on the facts described in them. Therefore, the employee must be prepared for the fact that he will have to act against the employer under his own name.

Contacting the labor inspectorate

The State Labor Inspectorate (SIT) was created specifically to monitor compliance labor legislation on the part of employing companies. A complaint to the labor inspectorate against an employer can be filed either by one of the employees who is dissatisfied with the actions towards him personally, or by the work collective. The order of action does not change.

The appeal is drawn up in writing and sent in person or by mail to the regional office of the State Tax Inspectorate. A sample document can be downloaded from the official portal of the labor inspectorate. It is impossible to submit a complaint anonymously, but at the request of the applicant, his data will not be known to the employer. This is one way to protect workers.

Based on the facts set out in the complaint, an extraordinary inspection will be carried out by a GIT inspector. If during its course any violations of the Labor Code or other regulatory documents, then the organization will be fined, and the manager will be given an order to eliminate the shortcomings within a certain period. This will be followed by another check. A written response will be sent about the actions taken within a month from the date of transmission of the complaint.

Contacting the prosecutor's office

A complaint against an employer to the prosecutor's office is similar to an appeal to the State Tax Inspectorate. This body examines violations of any rights, including labor rights. The anonymity of the applicant is also guaranteed in order to protect him from unlawful actions of the employer. Based on the facts stated in the application, an investigation is carried out, and the violator is brought to criminal or administrative liability.

Going to court

You should go to court not with a complaint, but with a statement of claim. Mandatory requirement There is no way to first settle the dispute with the employer out of court; the employee has the right to immediately use this particular authority to protect his rights. But, as a rule, to judicial protection resorted to in the most extreme cases, for example, illegal dismissal.

The advantage of going to court is that not all possible violations of labor legislation are checked, but a specific situation that directly concerns the employee. The result of a positive decision will be not only the punishment of the employer, but also his actions in favor of the employee: reinstatement at work, payment of compensation for forced absence from work, compensation for moral damage. The disadvantage of this method is the long period of consideration of the case and the need to pay a state fee.

How to properly file a complaint

Regardless of where you plan to file a complaint against your employer, you must correctly draft a complaint or statement of claim. In addition to the applicant’s data, these documents must detail what, in the applicant’s opinion, was a violation of his rights by the employer, and which articles of the Labor Code were violated. The stated facts must be confirmed, the documents are listed in the complaint, and their copies are attached to it as evidence.

You can draw up an appeal or statement yourself using samples on official websites government agencies or in reference and legal systems. If you have doubts about the level of your own knowledge, it is advisable to use the help of professional lawyers and specialists in the field of labor law.

Many people in our country have a situation related to the violation of their rights in the field of labor. But not everyone knows that to protect these rights there is a labor inspectorate, whose activities are aimed at accepting complaints from employees and resolving other issues with employers.

Do not forget that they differ from the general limitation periods. If the total period is 3 years, then for labor disputes - 3 months. The period begins to run from the moment the person learned (or should have known) that his rights were violated. So where exactly should you file a complaint against your employer and what documents are required for this?

Reasons

Any citizen of our country has the right to contact the labor inspectorate if his rights as an employee have been violated. The inspectorate's activities are aimed at restoring this right. You can go there for any reason regarding labor relations.

Most often they apply for the following reasons:

• Non-payment or withholding wages.
• Refusal to exercise the right to leave.
• Violation of working conditions (or their change).
• Issues of compliance with the norms and requirements of labor legislation in the field of labor protection.
• Refusal to pay upon dismissal.
• Refusal on the day of dismissal.
• Questions related to the peculiarities of working time, namely, overtime work and etc.

There can be many reasons for applying - they are all regulated Labor Code Russian Federation.

Where can this be done?

So where exactly can you apply?

An application must be submitted to the inspectorate of the area in which the violation of the employee’s rights occurred. Each region has its own labor inspectorate. There are 3 main delivery methods:

1. Personally. To do this, you need to come with an application and the necessary package of documents to the inspection and hand them over to the reception.
2. By registered mail with notification. This method is more convenient, but do not forget that a letter with original documents may be lost during the forwarding process.
3. IN in electronic format through the Internet. For this method, you will also need to draw up an application and collect the necessary documentation package. All documents will need to be scanned and sent along with the application.

The procedure for filing and considering a complaint is discussed in detail in the following video:

Is it possible to complain anonymously?

Many citizens have a question about the possibility of anonymously filing an application - there may be several reasons for this:

• The employee has not quit his job, but he wants to initiate a review with his employer (while fearing that his complaint could negatively impact his career).
• The employee has already quit, but he is afraid of any actions on the part of the former employer that could lead to negative consequences for the applicant.

Whatever the reason, you will have to indicate your data on the application - otherwise it will not be accepted and considered, since the labor inspectorate does not consider anonymous applications.

If an already dismissed employee is afraid of his former employer, in the event of unlawful actions against him, he will have every right to contact the police, who will take necessary measures. Besides, in the complaint itself you can make a request not to disclose data to the other party.

Submission via website

To file a complaint online you must:

1. Go to the official website of the labor inspectorate.
2. Fill in all the required fields (information about the employee and employer).
3. State the essence of the problem.
4. Attach scans of all necessary documents.

In addition, you will need to choose what actions you expect to receive from the inspection:

• Initiate an audit of the employing company.
• Initiate administrative proceedings, identify the perpetrators and bring them to administrative responsibility.
• To get a consultation.

IN electronic appeal It is also necessary to indicate only real contact information - the inspection does not provide assistance to fictitious and anonymous authors.

Within 30 days from the date of submission, the institution’s employees review the application and send a response to the applicant.

What does this require?

To file a complaint, you must write a statement that will contain:

• Full name, address, contact telephone number of the applicant.
• Employer data (full name of the manager, actual and company name).
• The complaint itself must describe all the circumstances under which the violation of rights occurred.
• At the end, it is necessary to make a demand: what measures the applicant requests to apply to the employer (as in an electronic appeal), and also indicate a list of attached documents.
• Add date and signature with transcript.

Basic documents that must be attached to the application:

• Order of appointment to a position.
• A copy of the work record book (if the applicant has one).
• A copy of his passport.

As additional documents, you can select any documents that the applicant considers necessary when considering his application ( office notes, correspondence by e-mail etc.)

Review period

As in others government institutions, there are certain deadlines for inspection, during which this body is obliged to consider the application and make all necessary actions and provide a response to the applicant about the decision made in writing.

Complaints to the labor inspectorate are processed in a timely manner up to one month from the date of receipt. If necessary, this period can be extended, but for no more than 30 days. If the deadline is extended, the institution's employees are required to notify the applicant in writing.

Labor inspection check

There are 2 main verification options:

• Planned carried out without an application - on the initiative of the inspector. Most often, they are subject to enterprises where numerous violations have previously occurred or been identified. Before carrying out such an inspection, the inspector first warns the management of the organization.
• Target carried out at the request of the employee. Any complaint usually entails an inspection by the inspector whose territory it relates to. this enterprise. When visiting a company, an authorized person first checks the violations described in the application. If they are identified, the inspector will issue a fine and also issue an order to eliminate them, compliance with which he will check during a second visit. Also, depending on the nature of the violations, the inspector may not limit himself to an order, but take more stringent measures in accordance with his powers.

Inspector's powers:

• monitoring the employer's compliance with labor laws;
• presenting the employer with mandatory instructions to restore the employee’s violated labor rights;
• issuing orders to remove from work persons who are not familiar with the safety instructions and have not been able to confirm their knowledge of labor protection;
• bringing to administrative responsibility;
• investigation of the circumstances of industrial accidents;
• initiation of legal proceedings regarding violation of the law;
• suspension of the activities of the organization or its divisions.

What to do if you don't agree with the decision

The decision of the labor inspectorate (as well as other government bodies) can be appealed if the applicant does not agree with the result.

It is necessary to file a complaint with the head of the relevant state labor inspectorate or the chief state labor inspector of the Russian Federation.

Criminal liability of the employer

If the employer does not pay wages for more than 3 months, the employee has the right to write a statement to bring him to criminal responsibility.

This document must be sent to the police at the location of the employing organization. In this case, the person responsible for paying wages will be charged under Art. 145.1 of the Criminal Code of the Russian Federation.

When in progress labor responsibilities the employer violates previously assumed obligations, tries to infringe on the rights of the employee and it is not possible to solve the problem through negotiations - you can always get advice. The instructions of the labor inspectorate are mandatory for compliance by the company administration. For those who decide to ignore them, there are impressive sanctions and restrictive measures for doing business.

To understand when it is necessary to go to the labor inspectorate to resolve a possible conflict situation between the parties to the labor relationship, it is advisable to familiarize yourself with the main powers of this government body.

What questions can you contact the labor inspectorate with?

So, labor legislation grants the labor inspectorate the following powers:

• monitor compliance by employers with labor legislation;
• send mandatory instructions to the administrations of companies and enterprises regarding the elimination of violations of labor legislation;
• remove workers from work if they have not completed training and have not confirmed the minimum level of required knowledge;
• bring employers of violators to administrative responsibility;
• conducting special investigations regarding production;
• initiate legal proceedings on identified facts of violation of labor legislation;
• carry out control checks to eliminate violations indicated in the instructions sent to the enterprise;
• stop the operation of the enterprise for a certain period of time.

Based on this, the list of issues that fall within the competence of the labor inspectorate is very extensive. Typically, citizens contact the labor inspectorate in the following cases:

• the employer forces you to work without any compensation;
• wages are not paid or are not paid in full for fully worked hours;
• the administration refuses to allow the employee to go on another vacation;
• after dismissal, the employee is not paid the money due for the work performed, as well as the funds provided for under the conditions or internal documents of the company;
• sick leave is not paid, vacation pay is delayed;
• are not created safe conditions work as provided for in the employment contract;
• the employer is trying to help an employee who is on maternity leave;
• other questions.

Remember, usually an appeal to the labor inspectorate follows after the employee has tried to resolve controversial situation directly with the employer and was refused. This is best done by writing a written statement addressed to the head of the enterprise. His negative answer will be a good reason for contacting the labor inspectorate.

Labor inspection consultation: how to apply

An employee can contact the labor inspectorate either orally or in writing. In the first case, he will receive only a general consultation, when he will simply be explained how to act in the voiced situation according to the law. If an employee wishes to organize an objective review of a violation committed by the employer, it is necessary to write an application to the territorial labor inspectorate.

Usually, the presence of a correctly drawn up application is the basis for ordering a check of the facts of violations stated in it and taking appropriate response measures. To do this, the application must have:

1. The name of the territorial inspection body where it is addressed.
2. The full name of the enterprise (legal entity), as well as the specific unit where the citizen performs labor functions.
3. Full name of the employee, his contact details, registration address.
4. The document must have a title (complaint, application).
5. In the descriptive part, it is necessary to set out the facts of violations committed by the employer with reference to the articles of the Labor Code (provisions of regulations) that were violated. If possible, you should attach copies of documents that confirm all this.
6. After the descriptive part, it is necessary to indicate a list of documents confirming the facts of violations stated above.
7. At the end of the document there is a date, signature and transcript of the signature.

Remember, in order not to receive a refusal from the labor inspectorate for formal reasons, be sure to indicate who is responsible for the violation, describe in detail the situations confirming the employer’s disregard of labor law norms.

An appeal that fully complies with the standards of office work will be considered without fail. To verify the stated facts, the inspection may request relevant documents from the enterprise or organize an unscheduled inspection. It should be remembered here that this body does not take sides, but acts as an arbiter whose decisions are binding.

How control is carried out

The legislator has provided for the following forms of control by the labor inspectorate of negligent employers:

Planned inspections can be comprehensive (all issues are covered), as well as thematic (a specific area is checked). Typically, in the process of comprehensive inspections, all sections of a certain area are fully considered (for example, labor protection or general issues labor legislation). Regarding thematic inspections, these could be working conditions in production, the procedure for conducting work records, timely payment of earnings Money and others.

Unscheduled control activities are usually associated with specific facts or events. In this case, the specific direction (specified in the application) is subject to close, comprehensive study for compliance with labor legislation. In obligatory cases, a report is drawn up regarding the results of such a check. If necessary, based on the act, an order is issued to eliminate violations of labor legislation.

If, during an extraordinary check of compliance with previously issued instructions, it is discovered that the employer ignored them without any objective reasons, various sanctions may be applied to the company and its manager. In particular, this is an administrative imposition or a suspension of the company’s work for up to 3 months.

Remember, inspectors are obliged not only to check the documents available to the employer, but also to personally examine the real working conditions of a particular employee, especially if he has written a complaint about this. During the inspection process, inspectors have the right to involve the complaining employee in order to clarify the essence of his complaint.

What the labor inspectorate checks, watch in this video:

What documents will be needed when applying?

The legislation does not oblige citizens who apply for restoration of violated rights to state institutions to prove anything on their part. But, as practice shows, in the absence of a properly formalized appeal, the likelihood of receiving an objective consideration of the issue is very low.

Therefore, if you are going to contact the labor inspectorate, you should prepare in advance. In this case, you must provide the following documents for consideration:

Remember, the more documents you provide initially, the higher the likelihood of a quick consideration of the case on its merits, taking into account all the features of the work.

Complaint consideration period

A sent written appeal is subject to mandatory consideration. By general rule government structure is obliged to consider the appeal within 30 days from the date of its receipt. Taking into account the specifics of the work of the labor inspectorate, the need to carry out on-site, documentary, outside scheduled inspections, the legislator has established deadlines for the implementation of such activities.

As a general rule, no more than 20 days are allotted for the inspection. But there may be some exceptions here, depending on the size, ramifications, and specifics of the work of a particular company. In this case, the following are installed maximum terms checks:

1. 60 days. When the structure of the organization provides for the presence of branches in different regions of the country.
2. 50 hours. When a small enterprise (a company with a small number of employees) is subject to inspection.
3. 15 hours. If it is necessary to carry out an inspection of a micro-enterprise (usually this is self employed, who has a couple of workers working in a small workshop).

In the event that it is necessary to extend the verification period, the maximum extension time for large companies cannot exceed 20 days, while for micro-enterprises this figure should not exceed 15 hours.

Remember, the legislation does not provide for extension of the deadlines for unscheduled inspections, as well as documentary inspections. If the inspectors did not complete something in the time allotted for the inspection, the administration did not interfere with the inspection - responsibility for the final result of such an inspection will be with the inspectorate employees.

Regarding complaints regarding illegal dismissal, they must be objectively considered no later than 10 days from the date of receipt. The applicant is informed about the results of such consideration in writing.

Rights of labor inspectors

In order to be able to objectively and fully perform the functions assigned by the state, labor inspectors are vested with certain powers at the legislative level.

Powers of labor inspectors

This includes:

1. The ability to visit the production shops of the company being inspected at any time of the day in order to identify violations. To do this, the inspector must have an official identification card with him. Regarding scheduled inspections, in order to carry them out it is necessary to notify the administration three working days in advance of the start of control activities.
2. In the process of performing control functions, request from the administration documents, information, explanations regarding the direction being checked, as well as identified facts of violations of labor legislation.
3. To remove as samples (in quantities sufficient to carry out full-fledged analyzes and inspections) materials and substances used at the enterprise for the purpose of an objective investigation of violations or accidents at work.

Remember, if planned control actions begin at an enterprise, they must necessarily take place with the participation of the administration or a person authorized by it. The inspector does not have the right to independently carry out planned control actions without the knowledge of the owner (manager) of the company.

Consequences of labor inspection inspections

Each inspection by the labor inspectorate ends with the drawing up of a corresponding act, which the head of the company reads and signs. The absence of the manager’s signature confirming that the inspection materials have been read does not stop the further procedure for eliminating identified violations.

Based on the results of the inspection report, the company is sent an order to eliminate deficiencies with specific deadlines for when this must be completed. In addition, as a measure of punishment, state inspectors have the right to apply the following sanctions against negligent employers:

• administrative fines both for officials (responsible for a specific area of ​​work) and for entity generally;
• disqualification for a specific position (usually this applies to line managers) for up to 3 years due to the facts gross violations labor rights of employees;
• suspension of the company's work for a period of no more than 3 months.

Remember, if the enforcement measures described above are not enough, state-authorized labor inspectors can forward the relevant materials from the inspection results to the prosecutor’s office so that the perpetrators can be prosecuted.

The amount of fines and other penalties will depend on the severity of the violations identified, how they affect the life and health of employees, environment. The presence of repetitions of violations is also taken into account, as well as the timeliness of their elimination based on the results of previous control checks.

When you need to contact the labor inspectorate, find out in this video:

Form for receiving a question, write yours

Last update: 07/26/2019

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 the 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:

1. 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.
2. 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.
3. 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 your 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
Eg, 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 should 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 work 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

1. verify this fact and bring the perpetrators to justice;
2. ensure changes are made to the work schedule and salary;
3. 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 of receipt. 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 electronic form. By filling out an application online, you can:

• select the reason for contacting from a popular list (non-payment of wages, violation of work schedule, discrimination in 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 a 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 reasonable 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 for analysis Required documents
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 of time 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 of 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. Eg, if an employee stated that he is forced to work in conditions that do not meet safety standards, then in this case not only the manager, but also the labor protection specialist is found guilty.

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 notice will also contain information regarding your further actions (if it is a case of illegal dismissal, the notice will describe the procedure necessary for reinstatement at work). 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 draw up a statement of claim, to which you must attach a notice 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. However, it is advisable to file a lawsuit after receiving a response to the complaint to the labor inspectorate. On the one hand, the notification and inspection report will be a valid basis for opening legal 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 Extra time to process the request (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.

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