Labor inspection - what is it and what does it check? Where to go if your employer has violated labor laws? Where to complain about labor disputes

The applicant learns about the same “black salary” during the interview, and this is a good reason not to get a job in such an organization;

• carefully study all documents signed at work. The company knows the Labor Code much better than you and will always find loopholes in the law. Thus, in many enterprises, employees work 12 hours a whole week, on a voluntary and legal basis, receiving “overtime” for this (in fact, the overpayment is minimal), having signed an appropriate agreement;
• a collective appeal is always more effective than an individual complaint;
• ignore any “warnings” or direct threats from your superiors regarding your desire to go to the Labor Inspectorate.

Where to go regarding labor disputes with an employer?

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 a violation of his 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 are created directly in the company itself. 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.

Where to complain about an employer in case of violation of labor rights

The exceptions are disputes about reinstatement at work, changing the wording of the reason for dismissal and its date, transfer to another job, payment for forced absence or payment of the difference for lower-paid work, unlawful actions (inaction) of the employer when processing personal data. They are considered exclusively by the court (Article 391 of the Labor Code of the Russian Federation). A peculiarity of the labor inspectorate's consideration of workers' applications is that the statute of limitations for labor disputes is calculated by the court, regardless of the appeal to the labor inspectorate.

Therefore, it is often recommended to go straight to court, since if the inspectorate makes a decision not in favor of the employee, judicial protection he may be refused for the stated reason. At the same time, the duties of the State Tax Inspectorate include advising citizens on issues labor law(Order of the Ministry of Labor and Social Protection of September 3, 2014 N 603n).

Where to complain about an employer

Code of Administrative Offenses of the Russian Federation, fine up to 100,000 rubles);

• concealment of the occurrence of an insured event under compulsory social insurance against accidents at work and occupational diseases(Article 15.34, fine up to 10,000 rubles);
• failure to comply with a legal order of an inspector on time (Article 19.5, fine up to 20,000 rubles);
• other violations of labor legislation and regulations containing labor law norms (clause 1 of Article 5.27, fine up to 50,000 rubles).

In addition, the employer is obliged, by virtue of the order of the labor inspectorate, to bring those responsible for violations of labor legislation to justice. disciplinary liability or remove them from office in the prescribed manner (Article 357 of the Labor Code).

Where to complain about an employer and how to do it correctly?

It is not necessary to contact the labor inspectorate in person - you can send your application by mail. If you want to be sure that your message has reached the addressee, send it by registered mail with acknowledgment of receipt. In this case, you will know exactly when the Rostrudinspectorate body received your letter, and you will be able to inquire about the results of the review in writing or by telephone.
Contacts of the Federal Service for Labor and Employment under the Ministry of Labor and social protection RF, under which it works State inspection Labor: Address: 109012, Moscow, Birzhevaya Square, 1 Telephone: 8-800-707-88-41 E-mail: This email address is being protected from spambots. You must have JavaScript enabled to view it.

Assistance in labor disputes

You will need

• — employment contract;
• - employment history;
• — documents confirming the fact of violation of the employee’s rights;
• - passport.

Instruction 1 Contact trade union organization your enterprise. In order for a union to provide effective assistance to you, you must be a member. Strong and authoritative trade union committee is able to influence the management of the enterprise and restore the violated rights of the employee.

Please note that this body does not consider issues related to compensation for damage to the employer.
Many of us experience controversial situations By labor issues, both from the employee and from the employer. But, since the employer is the “stronger” party in this matter, employees, as a rule, turn directly to them for help. Let's consider several options where an employee can apply:

1. To the trade union of the organization where the employee works (if there is one);
2. To the labor inspectorate;
3. To the prosecutor's office;
4. To court.

Contacting a trade union A trade union can provide assistance to an employee in labor disputes, but it cannot guarantee 100% protection of the employee’s violated rights.
After all, the members of this organization are the same employees who work in it and they are not always ready to come into conflict with management. How much this organization will defend the rights of workers depends on the civil position of trade union members.

Who to turn to for help in labor disputes

Attention

It makes sense to contact the labor inspectorate if the employer does not draw up an employment contract, does not pay (delays) wages, does not comply with the work and rest schedule of employees, or labor protection standards. You can complain about the employer to the inspectorate - as an option, file a complaint with the inspectorate of the region where the enterprise is located. The complaint can be submitted in writing or in person.

Who to turn to for help in labor disputes

Your complaint will definitely be considered by a labor inspectorate specialist, and you will receive a response to your appeal. Review times vary from 30 to 40 days. So, if you feel your rights have been violated and you can't reach an amicable resolution to your dispute with your employer, don't sit idly by. You must know where to complain about a negligent employer and how to do it correctly. Feel free to write an application to the State Labor Inspectorate, and after reviewing it, the inspector will definitely conduct an inspection at your workplace. Remember that you can send a complaint by mail, through the official website, or bring it in person.
You can easily find out the exact name of the inspection and its address on the portal of this institution. We hope that now you can defend your interests and know where to complain about your employer.

Info

On a number of issues, the tax service will not be able to help;

• trade union organization on large enterprise can provide serious assistance in confrontation with management. If you do not have such an organization, you can contact the city/regional trade union of your profession.

Attention! Different services work differently from each other. When contacting the Prosecutor's Office or the Labor Inspectorate, you will only need to wait for the completion of the inspection, which the services must initiate no later than 30 days from the date of filing the application.

The employer is not inclined to pamper his subordinates with gentleness and respectful treatment, and sometimes acts in a completely dictatorial manner. An offended sense of justice requires a way out, and it can be extremely unexpected.

An employee of one of the private companies, Alexey, outraged by salary delays, nagging from his superiors and unfair dismissal, took revenge on his boss with creativity and scope.

He created profiles on the dating site of several social networks, posted there the boss’s personal information and photographs, and provided his real place of work and contact numbers. To make things even more painful, the offended employee announced his former boss’s non-traditional sexual orientation and even attached some videos, supposedly as proof.

He probably went too far in his desire to annoy his hated boss. The idea, of course, is brilliant: revenge is sophisticated, does not require costs, the target is struck inevitably and swiftly.

Alexey anticipated that the news would spread across the networks instantly, the boss would turn to the administration of the networks and sites with a demand to block fake accounts and urgently delete records. The administration, as usual, will react with a delay, and all this time the rumor will be buzzing, nerves will be spent, reputation will suffer, and friends and acquaintances will stay away.

All this is true, but the boomerang can return to the author of the revenge action if his involvement can be proven. He shouldn't hope that they won't look too hard.

They will, and how! They will attract specialists, determine IP addresses, restore correspondence on social networks, and take any other measures. And if the author is identified and his guilt is proven, then this trick could cost him dearly.

He cannot escape a lawsuit for his honor, dignity and business reputation, demanding compensation for all types of damage caused. It won't seem enough! So was it worth starting all this without thinking about the consequences?

If the employer is wrong, it is, of course, not good to let him get away with it. But breaking the law in this case is categorically not recommended, because it is more expensive for yourself.

Industrial conflicts can be of all kinds. And sometimes employees come across such that the management grabs their heads, and the employer often allows himself too much, having finances, connections and administrative resources.

A hired worker goes to work, needing money, and does not have strong defenders behind him. He is vulnerable, and in a conflict with the employer he is most often the injured party. Finding himself in a stalemate, a person does not know where to turn, while in the Russian Federation there are government agencies that he can count on.

A conflict with an employer is sometimes so serious that it cannot be resolved peacefully. This is where third-party assistants, especially those in authority, come in handy. This Labour Inspectorate, prosecutor's office and court.

These are the main reasons why people go there.

• The employer does not want to enter into an employment contract with the employee.
• Pays money "in black".
• Delays wages or underpays.
• There is a delay in paying sick leave or vacation pay.
• Fires illegally.
• Delays settlement and delivery work book upon dismissal.
• Otherwise, it violates the Labor Code of the Russian Federation.

How to file a complaint and what we expect from it

Whatever authority the employee applies to, he does so in writing. The text of the document must clearly and clearly state the facts, indicate dates and attach evidence, in paper or in electronic format. If you contact Rostrud, you can use the portal “Onlineinspection.rf”, it allows you to track the fate of the request.

Anonymous messages are not accepted; you must provide your personal information and contact information.. Every complaint must be answered.

If you contact the labor inspectorate, the answer will be a visit of inspectors to the enterprise. They will appear within a month and check the facts. The same period is given to the employees of the prosecutor's office; they, for their part, first check and then react.

The court, as the last resort, considers the employee’s claim against the employer. It can be submitted until 3 months have elapsed from the date of violation. All evidence is included in the case, including previous results. measures taken. Both the prosecutor's office and Rostrud present to the court the evidence they have collected in the case, presented as the results of an audit.

The employee hopes that the employer will be ordered to correct the violation. For example, reinstatement at work, pay off everything you owe, and so on.

Working in the dark today can be dangerous

If a person agrees to receive a salary in an envelope, then he puts himself in an obviously losing position. The employer receives almost unlimited power over him: if he wants, he will start paying less, or not pay at all. It will be very difficult to prove that you were not paid for your work. There are no documents, none of my colleagues will come as witnesses.

The only one effective way– contact the tax office, or at least intimidate the employer with this. If the tax authorities receive a complaint, they will begin checking the employer no later than in a month. However, in this case, not only the owner of the enterprise, but also the complainant himself may suffer.

The tax office is interested in deductions from wages, which should be sent to it. And here questions may arise for the employee. Did he know that the employer does not make deductions from his salary and does not pay taxes?

If he knew, he had to do it himself. If he didn’t know, then bribes are cleared from him, and all the blame falls on the employer.

Based on the results of the audit, tax authorities may come to the conclusion that the employee was in collusion with his employer, and both deliberately did not pay taxes. The consequences for both will be sad: Art. 199 of the Criminal Code of the Russian Federation - for the employer, and for the employee - Art. 198, as amended in April 2019.

It says that if a citizen did not pay personal income tax and did not indicate income in the declaration, then he will have to pay, in addition to the tax, a fine and penalties. The fine will be 100-300 thousand rubles, the violator faces either forced labor, or arrest for six months, or imprisonment for up to 1 year - at the choice of the court.

Statistics show that every 5th employee in Russia faces arbitrariness on the part of the employer. The most popular violations are dismissals, layoffs, and delayed wages. It is widely practiced to work without a contract, or the contract specifies minimum rates, and additional payments are made unofficially, in envelopes.

Most complaints were recorded in large cities. Firstly, there are more jobs there, so people have less fear of losing their source of income. Residents of megacities are more informed about their rights, and it is easier for them to decide to take active action.

In small towns and in the provinces there is less work, where people are afraid of losing their job and suffer harassment. And there is little hope for justice here, “everything is captured.”

If there is a trade union functioning at the enterprise, then the best thing to do is to contact them. Trade unions have a wide range of methods of influencing management, the only problem is that there are too few trade union organizations today.

Most complaints still concern wages. But it is difficult to win money litigation against a legally competent employer. Official documents contain only “correct” data, there are no witnesses. And judges do not particularly trust those who were fired earlier, since an insulted person can slander the offender.

It is also difficult to prove the illegality of dismissal, especially when the employee was forced to write a statement on at will. It is a little easier to spot violations during staff reductions.

It must be said frankly that employers do not unfairly fire and oppress everyone. Those who fall under the administrative skating rink are primarily violators of routine, those who like to gossip on the sidelines, and not very loyal employees. Sometimes it is a person’s own fault for incurring the wrath of management.

How should an employee behave with an employer?

The line of behavior should be calm, restrained, and friendly. You must constantly monitor your actions, starting from the moment you join the staff.

1. You should not agree to work without drawing up a contract, or to accept payment according to gray schemes. In this case, you immediately find yourself in the risk zone.
2. If you are still involved in the schemes, then check with the accounting department whether the company transfers contributions and taxes in the proper amount. If not, then pay the personal income tax yourself, this will protect you from tax claims when violations are revealed.
3. When entering into conflict with an employer, rely only on yourself. Remember that none of those employees who expressed sympathy and encouragement for you will stand next to you against management.
4. Supervisory authorities are obliged to respond to your complaint, but they need solid evidence. When getting involved in a war with your superiors, take care of collecting documents, videos and photos confirming that you are right.
5. If you are a non-conflict and impressionable person, then it is cheaper for you to silently look for another job. But if you are active, passionate and convinced that you are right, then fight! Just make sure that the pursuit of justice does not push you beyond the laws of the Russian Federation.

If the boss allows himself to humiliate and insult his subordinates

And this type of complaint is considered by the State Tax Inspectorate.

The citizen began to fulfill the employment contract job responsibilities. The boss is constantly rude and insults the employee, finds fault with and humiliates him. The employee is forced to resign “of his own free will.”

The state labor inspectorate received a request from a complaining citizen to eliminate violations of the law by his boss in relation to the employee.

The wording of the complaint refers, in particular, to the prohibition of restricting anyone’s labor rights (Article 3 of the Labor Law).

Article 22 of the Labor Law obliges the employer to comply with labor law standards. Insults and humiliations of a boss towards an employee are a gross violation of them, as is a threat to fire someone “under the article” if they refuse to voluntarily leave.

The complainant (woman), taking advantage of constitutional article 37, which protects the right to work..., to remuneration for it not lower than the minimum wage established by law, motivating her decision to remain at her previous place of work by the absence of any other sources of income, filed an application to withdraw the previously submitted application for dismissal with a request not to consider the employment contract with the organization terminated. To which I received another round of insults from my boss and a refusal to cooperate.

It didn’t pass, the citizen had every right to withdraw the application within this period (Article 80 Labor Code), therefore, dismissal does not occur, but only in the absence written invitation another employee, after which it is impossible for a newcomer to be refused employment.

The position remained vacant at that time, the woman’s duties were carried out in full and at the proper level, and she, taking advantage of Art. 3 of the Labor Law, which protects citizens from discrimination at work, went to court with a request to restore violated rights, compensate for material damage and compensate for moral damage.

The administration's actions were found by the court to be contrary to the law. According to Article 419 of the Labor Law, the perpetrators are subject to disciplinary, material, as well as civil, administrative and criminal liability.

In the relationship between an employer and an employee, all rights and obligations of both are regulated by the norms of the Labor Code of the Russian Federation.

The law provides for mandatory conditions that must be met workplace, and social conditions that the employee must be provided with.

The state's compliance with the Labor Code is monitored by a supervisory body subordinate to the Ministry of Labor and Social Protection.

Decree of the Government of the Russian Federation No. 324 “On approval of the regulations on the Federal Service for Labor and Employment” dated June 30, 2004 by the executive body in the field of supervision labor relations Rostrud was appointed. Another name for this regulatory body is the State Labor Inspectorate.

This organization has territorial divisions in each subject Russian Federation and is directly subordinate to the Federal Service for Labor and Employment.

Tasks of the labor inspectorate

The main tasks and powers of the State Labor Inspectorate are described in Part 2 of Resolution No. 324. They include:

1. Compliance monitoring. It is carried out through inspections - scheduled and unscheduled.
2. Supervision of compliance with events occurring in production and their recording at the enterprise.
3. Supervision over the implementation of social payments and benefit categories by bodies vested with state power.
4. Supervision of the activities of guardianship and trusteeship authorities regarding incapacitated persons.
5. in government-funded organizations.
6. Informing employees and employers on issues related to labor legislation.
7. Conducting a state examination of working conditions for hazardous and harmful conditions for the purpose of providing workers compensation.
8. Assessing enterprise compliance.

When does it make sense to contact the Labor Inspectorate?

It is worth saying that in addition to scheduled inspections The State Labor Inspectorate conducts unscheduled inspections under the conditions described in Article 360 ​​of the Labor Code of the Russian Federation. According to the text of this document, GTI may come in the following cases:

• When applications are received from employees of the enterprise indicating facts of violation by the employer of basic legal acts of labor legislation.
• If there is a complaint from an employee of the enterprise about a violation of his labor rights.
• When a request is received from an employee of an enterprise to check the conditions of the place where he works for compliance with labor safety requirements.
• At the end of the period assigned to the employer to eliminate violations related to the implementation of labor legislation.

If an employee believes that his labor rights are being violated by the employer to any extent, he has the right. This can be done in the following cases:

• or ;

According to labor laws, wages must be paid twice a month.

If the employer does not pay wages, according to Article 142 of the Labor Code of the Russian Federation, an employee of the enterprise has the right to suspend the performance of his work duties and not be at his workplace for a period until the salary is paid in full. At the same time, he must be paid compensation for each day of downtime. This is evidenced by the test of Article 236 of the Labor Code of the Russian Federation.

• incorrect calculation;
• non-payment of benefits or;

Overtime work according to the norms of Article 152 of the Labor Code of the Russian Federation should not exceed one hundred and twenty hours per calendar year. Such work must be paid at double the rate (with the exception of the first two hours - they are paid at one and a half times the established salary). By agreement with the employee and only with his consent, the employer may provide time off as compensation for overtime or work on weekends.

• the employer's reluctance to enter into an employment contract;

By law, concluding an employment contract is a prerequisite for starting work.

• incorrectly executed, entailing a violation of the employee’s rights;
• discrepancy between actual working conditions and the text of the contract.

There may be many more reasons for contacting Rostrud, but all of them must have grounds that indicate.

How to contact the labor inspectorate

In order to contact Rostrud with a complaint, the first thing you need to do is find the address in a directory or on the Internet territorial department GTI and the name of the inspector supervising the site where the enterprise is located.

Submit the complaint itself in writing in two copies.

If there are documents that indicate a violation of the employee’s rights, they must be attached to the complaint.

Submit a complaint to the territorial body of Rostrud in person or by mail via registered letter. One copy remains with the inspector, and the second copy is marked with the acceptance of the complaint for consideration, number and signature.

After receiving the application, the State Tax Inspectorate must review it within 30 days and send an inspector to conduct an inspection of the enterprise.

What the Labor Inspectorate can check

When conducting inspections, the State Labor Inspectorate First of all, it checks the documentation of the enterprise: statutory, organizational and labor.

TO labor documents These include those that apply to all employees of the enterprise:

• contracts – labor and collective;
• staffing schedules and time sheets;
• internal rules of the enterprise related to the organization of working hours and breaks;
• vacation schedules and payrolls;
• all kinds of journals and accounting books.

The main mistakes occur when drawing up an employment contract.

According to Article 57 of the Labor Code of the Russian Federation, an employment contract must consist of three parts:

• information about the employee and employer;
• mandatory terms of the contract;
• additional conditions.

Who conducts it, first of all, ensures that all the conditions required for inclusion are indicated in the text. These conditions are enshrined in Article 57 of the Labor Code of the Russian Federation and represent the following requirements:

• information about the place of work and job responsibilities (indicating the position according to the staffing table and the specific type of work);
• start date of work and working hours;
• conditions of remuneration and rest time;
• compensation for work associated with harmful or dangerous conditions.

If, upon signing, the contract lacks any of the mandatory conditions, they must be recorded in the form additional agreement which forms an integral part of the employment contract.

In addition to checking documentation, the inspector can check office premises, premises for eating and resting of employees, as well as workplaces for compliance with labor protection rules.

During the inspection, the State Tax Inspectorate may interview personnel and request any information necessary for the inspection.

If violations are detected, Rostrud has the right to suspend the operation of the enterprise as a whole or its individual divisions, and may suspend from work employees who have not completed a safety training course in the workplace.

The inspector has the right to bring to justice (administrative) those persons who are guilty of violating labor legislation.

Send to the judicial authorities a demand to terminate the activities of the enterprise if the conclusion of the labor examination establishes that working conditions do not meet the requirements of the Labor Code of the Russian Federation.

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?

Grounds

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 of 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.
• Issues related to the peculiarities of working time, namely, overtime, etc.

There can be many reasons for applying - all of them are regulated by the Labor Code of the 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. Electronically via 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 employee who has already been fired 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 the 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 an electronic appeal, it is also necessary to indicate only real contact information - the inspectorate 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, certain deadlines have been established for inspection, during which this body is obliged to consider the application and carry out 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, as a rule, entails an inspection by the inspector whose territory the enterprise belongs to. 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.

18.03.2017 29 880 28 Reading time: 18 min.

Today I decided to consider a topical issue for many - how and where to complain about an employer. After reading this article, you will find out what it is Labour Inspectorate, in what cases you can complain about an employer, how to correctly draw up a complaint, how to file it, and what results this can lead to, and also where else you can file a complaint if the labor inspectorate does not help you. Take note and save the link to the article just in case.

Current realities are such that conflicts between employees and employers are not uncommon, but rather a pattern. Moreover, very often employers to one degree or another (including very grossly) violate labor laws. Most often, their employees simply resign themselves to this, clinging with all their might to work as the only possible source of income (which is already wrong), and allow them to do whatever they want to themselves, ready to endure any inconvenience and hardship, just so as not to be fired. In my opinion, this is a completely wrong position.

Every employee should be at least a little familiar with the current labor legislation of his country, and know that he has not only responsibilities to the employer, but also rights. And he must be able to competently protect and defend his rights if they are not respected, especially if they are not respected rudely. In particular, he should know how and where to complain against an employer if he seriously violates his rights, and not be afraid to do so. Because employers will treat employees the way they themselves allow.

What is labor inspection?

Where to complain about an employer? To monitor compliance with workers’ rights, there is a special government agency— labor inspection (in different countries it may be called differently, but the essence is the same).

Labor inspection is state organization, designed to monitor compliance with labor laws, resolve labor disputes between employees and employers out of court, and has the power to impose sanctions on employers who violate the law.

For example, the labor inspectorate in Russia has the official name federal Service for labor and employment or Rostrud. In Ukraine, this is the State Labor Inspectorate of Ukraine.

The Labor Inspectorate is subordinate to the Ministry of Labor and Social Protection of the Population. In addition to considering employee complaints, this structure also performs many other functions, but now we will only be interested in how to complain about an employer to the labor inspectorate.

When can you complain about your employer?

Let's start by considering situations in which you can file a complaint with the labor inspectorate. In short, these can be any violations of labor legislation, including violations of employee rights defined in the Labor Code. Here are the most common examples.

1. Unreasonable refusal to hire. Few people know, but the Labor Code clearly defines the reasons why a person may be denied a job. It often happens that they refuse without reason or on false grounds.
2. Violations in payment of wages. For example, payment of wages in a smaller amount than provided for in the employment contract, delays in the payment of wages, unjustified deprivation of part of the salary that does not comply with the employment contract, etc.
3. Coercion to overtime work without payment and additional days off. In this case, it also makes sense to complain to the labor inspectorate, especially if it is systematic.
4. Failure to provide required leave. This is also a fairly common violation of labor laws, and the labor inspectorate can help solve this problem.
5. Prohibition of going on sick leave. Sound familiar? It is too gross violation labor legislation that will apply to you as long as you allow it.
6. Forcing to perform work not provided for in the employment contract and job description. If you are often forced to do someone else's work in addition to your own, this is also a violation of the Labor Code, which can be appealed by filing a complaint with the labor inspectorate.
7. Violation of the dismissal procedure. If the employer unreasonably forces you to dismiss, threatens to fire you “under the article” without good reason, or has already fired you with any violations of the law (for example, without prior notice and without working the allotted time), it also makes sense to complain to the labor inspectorate.

How to file a complaint with the labor inspectorate?

Now let's look at how to complain about an employer to the labor inspectorate, and what is necessary for this. There are four ways to file a complaint:

Method 1. Submit a complaint to the labor inspectorate by mail. This is the longest, most expensive, but also the most effective method complain about the employer. Because official letter is a document that cannot be ignored: in any case, you will be required to provide the same official response to it.

Method 2. Submit a complaint to the labor inspectorate online. This is the simplest option, but not always effective, because your electronic appeal may simply “get lost”, remain unconsidered, and you will not necessarily receive an official response to it. You can file a complaint with the labor inspectorate online in Russia through the website onlineinspection.rf.

Method 3. File a complaint with the labor inspectorate via the hotline. About the same as the second method, only in this case the complaint will need to be stated orally, over the phone, it will be recorded from your words. Getting an answer here also cannot be guaranteed - it all depends on whether it is considered reasonable and requires consideration.

Method 4. Come to a personal appointment at the labor inspectorate. This is very a good option, in order to receive professional advice on an issue that interests you. They will immediately tell you how justified your complaint is from the point of view of labor legislation, and will tell you how to correctly draw up a complaint, after which you will put it in writing and register it locally, or send it by letter.

How to properly file a complaint against an employer?

Before complaining to the labor inspectorate, you still need to try to resolve the issue that interests you with the employer “peacefully” - through negotiations. Because filing a complaint is a serious matter, and can entail serious consequences for the employer (I’ll tell you which ones a little later). So, if there is an opportunity to resolve the issue “amicably” - use it, and only when this does not work - proceed to filing a complaint.

Step #1. Compose the text of the complaint. There are no strict forms for filing a complaint with the labor inspectorate. The complaint must be made in business style in free form, and must necessarily contain:

• To: name and full name of the head of the territorial labor inspectorate;
• From whom: full name and passport details of the applicant, registration address and address for receiving a response;
• Name and legal address the employer against whom the complaint is being made, your position at this enterprise, full name of the manager, full name and position of the person you are complaining about;
• The essence of the complaint: what exactly the employer is violating, preferably with references to articles of the Labor Code and/or clauses of the employment contract;
• Requests or suggestions: what exactly do you ask or propose to do to the labor inspectorate (for example, conduct an inspection at the enterprise, hold the manager accountable, advise you, etc.)

If you file a complaint online, the site will have all required fields for filling.

People often ask: is it possible to send a complaint to the labor inspectorate anonymously? No, you cannot, such a complaint will not be considered.

Step #2. Support the complaint with documents if necessary. The complaint will have much more weight if it is supported by documentary evidence. For example, if you are referring to your employment contract, attach a copy of it. If you are complaining that you are not being paid (or not being paid as much as you should), please attach a statement from your bank account. Etc.

Step #3. Submit your complaint and wait for review. If you send a complaint by mail, it is advisable to do this with a return receipt - this way you will know for sure that the letter has been delivered to the addressee and count down the response time. Consideration of a complaint can take from several days to a month, and in rare cases, up to two months (if, for example, an inspector is required to travel to another region). Everything depends on the nature of the complaint and the method of filing it. Each complaint is submitted to a specific inspector, who studies it, makes a decision, agrees with management and gives a response.

Step #4. Get a response to your complaint. Once your complaint has been reviewed, you will receive a response. If it requires an inspection at the enterprise, the response will most likely indicate that an inspection has been ordered, and you will be notified additionally based on its results.

Please note that if it suddenly turns out that during the consideration of the complaint your issue has already been resolved, then you have the right to withdraw your complaint. True, if it indicates serious violations, an inspection at the enterprise may still be ordered, they just will not notify you that the issue is being considered.

What answer will the labor inspectorate give?

Now let's look at what results and actions your complaint against your employer to the labor inspectorate can lead to. There may be several options.

1. Appointment of an on-site inspection at the enterprise in order to identify violations.
2. An order to eliminate violations to the head of the enterprise and a deadline for its implementation. As a rule, this is 1 month. Within this period, he is obliged to eliminate the violations and report this to the labor inspectorate. Otherwise, more serious measures will be taken against him.
3. Bringing the manager to administrative liability - a fine for violating labor laws. This fine can be quite substantial (depending on the type of violation).
4. Removal of a manager (or a guilty official) from office on a temporary or permanent basis.
5. In some cases, a temporary cessation of the enterprise’s activities until the violations are eliminated.
6. In some cases, bringing the manager to criminal liability.

When can a complaint to the labor inspectorate be rejected?

Let's look at the most common reasons why a complaint to the labor inspectorate may be rejected:

1. You have not provided all your personal information.
2. You have entered your employer information incorrectly or incompletely.
3. Subjective point of view (your complaint is written emotionally, but does not contain compelling arguments, is not supported by documents, and does not indicate what exactly the employer is violating).
4. Illiteracy. If the complaint contains a large number of errors, is composed incoherently, illiterately, contains profanity, it will also be left without consideration.
5. The complaint did not reach the addressee (for example, when sending online there was some kind of system failure, the letter did not arrive, it was simply lost due to human factor etc.). In this case, it makes sense to send a repeated complaint, indicating that it is repeated.

What to do if the complaint was rejected or you are not satisfied with the outcome of the review?

If the labor inspectorate rejected the complaint or gave an answer that does not suit you, but you are sure that the employer is violating the norms of the Labor Code, there are several options for further action:

1. Appeal the response of the inspector who reviewed your complaint with his immediate supervisor.
2. Contact professional lawyers in the field of labor law who will help you draw up a complaint more professionally and will accompany its consideration.
3. Complain about the labor inspectorate to a higher organization. For example, if you filed a complaint with the regional labor inspectorate, it was rejected without any justification - you complain to the central or higher organization - the Ministry of Labor and Social Protection.
4. Complain about the employer to the tax authorities if we're talking about about tax evasion (black or gray salary).
5. File a claim against the employer in court.

Now you know how and where to complain about an employer, how the labor inspectorate works, what nuances of filing complaints and appeals need to be taken into account. I hope this information was helpful to you.

Do not be afraid to defend and defend your rights if they are actually violated. Employers will always treat you the way you allow. See you again at !

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