The need to write a complaint (application) about the actions or, on the contrary, inaction of officials of the State Labor Inspectorate may arise in two cases:

• from an employee in case of dissatisfaction and improper consideration of an appeal to this body regarding violations labor rights
• at the employer during an inspection of compliance with labor legislation by inspection staff

In the first case, you can complain to a higher authority and to the prosecutor's office. You can, of course, still go to court to appeal the official’s inaction, but this is not entirely advisable, since it is better to directly go to court to demand the restoration of violated labor rights.

In the second case, you can appeal the actions of the GIT official to a higher authority, the prosecutor's office and the court. In this case, going to court will be one of the most effective methods solving problems associated with the actions of the GIT.

When contacting to a higher authority, actions or inactions of an official of the State Labor Inspectorate are appealed directly to the head of the State Labor Inspectorate for the constituent entity of the Russian Federation. Decisions of the head of the State Labor Inspectorate for the subject to the Federal Service for Labor and Employment of the Russian Federation.

A complaint about the actions of an official must be submitted to in writing and send by general rules addressed to the head of the State Labor Inspectorate for a constituent entity of the Russian Federation, and in case of an appeal against the latter’s actions - to the Federal Service for Labor and Employment. It is necessary to write from whom the application is being submitted (full name, address, contact details). In the middle of the sheet is written the name of the document - “Application” “Complaint”. Under the name, from a new line, information about violations committed by an inspection official or about his inaction is presented in as much detail as possible. The following is a request to take action against the official or cancel his decision.

The date of drawing up the application (complaint) (day, month, year) is indicated and signed.

Such a complaint is considered according to the general rules for considering complaints within 30 days from the date of receipt.

To write a complaint against a GIT inspector, you can use

IN prosecutor's office You can file a complaint both in the event of dissatisfaction with the results of consideration of the State Tax Inspectorate’s appeal, and in the event of violation by State Inspectorate officials of the requirements of the law during their inspections. It is advisable to contact the prosecutor's office when you have already contacted the head of the State Tax Inspectorate for the subject (region, territory, etc.) or the response to the appeal was signed by him, otherwise, the prosecutor's office will forward your complaint to the specified head (meaning if you appeal the actions lower officials).

It should be kept in mind that complaints about the State Tax Inspectorate should be sent to the prosecutor's office of the constituent entities of the Russian Federation, since district prosecutor's offices do not supervise inspection officials.

The rules for sending complaints (applications) to the prosecutor's office are contained in the section

If GIT employees violate the rights of the employer during inspections, the only effective option is to file a claim to appeal the actions or decisions of these persons in court.

The most common reason for contacting the State Labor Inspectorate is questions regarding wages and dismissal. But in the process of fulfilling his duties, the employee also faces other problems: a stuffy room, uncomfortable working conditions, problems with documents, work hours, a boorish boss and many others. These are also violations of labor rights, and the labor inspectorate is obliged to consider such complaints.

The Labor Inspectorate will consider any complaint that concerns the relationship between the employee and the employer. The department will check for violations and, if everything is confirmed, take measures to protect your rights.

Salary

Dismissal

Working conditions and comfort in the workplace

Work without official registration

Employer's liability

Employee Responsibility

Working time and rest time

Occupational Safety and Health

The labor inspectorate is obliged to conduct an inspection of any person’s complaint. He does not have to be an employee of the enterprise/organization. The Labor Inspectorate will also check the application of an applicant who believes that he was illegally denied a job.

If the company pays salary in an envelope(in whole or in part), and the labor inspectorate confirms this fact, then not only the employer, but also the employees will have to answer. According to the law, even with a “gray” salary, a citizen must pay personal income tax. The labor inspectorate will transmit the information to the tax office, and it will charge tax for the previously received salary in an envelope.

State Labor Inspectorate:

- receives and considers letters, applications, complaints, as well as other requests from citizens indicating violations of their labor rights;

- takes the necessary measures to eliminate violations, as well as restore violated rights.

How to complain to the labor inspectorate

1. Find out where to complain.

The complaint is filed at the place of registration of the employer. Usually this legal address organizations/enterprises. If the plant is located in Saratov, but is registered in Makhachkala, then you will have to complain to Dagestan.

Addresses of territorial authorities Federal service on labor and employment are posted on the website http://www.rostrud.ru/

For employers who are registered in Moscow and the Moscow region, a complaint must be filed with the State Labor Inspectorate of Moscow.

2. Choose a method of contact.

You can file a complaint:

Personally;

By registered mail;

By email (to the address indicated on the website of the territorial authority);

Through the information and consultation portal of Rostrud www.onlineinspektsiya.rf.

According to the law, a written appeal to the labor inspectorate will be considered within 30 days from the date of its registration. IN special cases(for example, an on-site inspection is needed), this period will be extended, but not more than by 30 days.

Is it possible to complain anonymously?

In some cases, an employee wants to complain to his superiors incognito. For example, when you don’t want to lose your job, but you need to correct an injustice.

To do this, indicate in your appeal that you object to the communication of your data to the employer. In this case, the law obliges the inspector to keep secret about the source of the complaint (Article 358 of the Labor Code of the Russian Federation).

You will still have to indicate your details in the application - anonymous complaints remain without consideration for quite some time. legally. But no one in the team will know who complained to the labor inspectorate.

“I work as an accountant. Everything is fine, except for the office equipment: the computers are nearby, it’s stuffy, noisy, the air conditioners don’t work. I complained to the labor inspectorate and said that I didn’t want to reveal my name to my superiors. As a result, the inspectorate conducted an inspection and issued an order to the employer to eliminate the violations. So I’m still working, I haven’t had any problems with my boss. But after the inspection, they gave us a separate room for accounting and installed air conditioning.”

If there is a conflict between you and your superiors and you are on the verge of being fired, there is nothing to lose. Complain openly.

“There were six months left before retirement and then they decided to kick me out by replacing me with a protégé. They started putting pressure on me to quit and insulted me in front of the team. I contacted the inspectorate. Colleagues confirmed the fact of pressure. I ended up keeping my job."

3. We write an appeal.

In the application, be sure to indicate which labor rights the employer is violating. Attach documents that confirm the facts stated in the application.

What must be included in the application:

• full name of the organization;
• the applicant's position;
• actual address of the enterprise/organization;
• last name, first name and patronymic of the manager;
• if known, indicate the telephone numbers of the administration (reception manager, head of the personnel department, etc.);
• the essence of the complaint;
• what should the labor inspectorate do: conduct an inspection, hold the employer accountable, take measures to restore violated labor rights;
• signature and date.

If the application is collective, this should also be indicated and signed by all employees. If there are too many employees, then put the signatures with the names explained on a separate sheet and attach them to the complaint.

Alexey from Chelyabinsk worked in a Moscow company on a rotational basis. IN Last year money was delayed. As a result, orders for work dried up, and the company owed the man almost 200 thousand rubles. They also offended other colleagues. Therefore, they all together wrote a collective statement at the place of registration of the company, to the territorial office of the labor inspectorate in Chelyabinsk.

4. Submit an application.

Personally. Take 2 copies of the application to the labor inspectorate. One will remain with you, make sure the secretary puts a number on it incoming document and date of acceptance.

Within 30 days from this date (in exceptional cases - 60 days), an inspection must be carried out at the enterprise. IN otherwise complain to the prosecutor's office.

Russian Post. Complete the delivery notification. When the notice is returned, it will be dated and signed by the person who accepted the letter. The “countdown” of time for verification will begin from this date.

Click "Report a problem." Select the topic and the result you want to receive: inspection of the enterprise, bringing the perpetrators to justice, or consultation on solving the problem.

After submitting the form, you will receive an email notification that the complaint has been accepted for consideration.

All. A complaint submitted via the Internet must be considered like a regular paper complaint within 30 days.

A complaint may be left without consideration for the following reasons:

• If information about the applicant is not provided or is provided incorrectly.
• The text of the complaint contains obscene language or insults.

You should know!

If you do not agree with the conclusions of a labor inspectorate employee based on the results of the inspection, complain about the inspector to his supervisor. If the head of the labor inspectorate did not help, contact the prosecutor’s office and the court. This can be done without waiting for the end of the labor inspection inspection.

Before contacting the labor inspectorate, write a complaint to your manager with a request to resolve the problem within a reasonable time.

Do not write a resignation letter “by at will" Even if the director really asks. Give in to persuasion - management, with a clear conscience, will deprive you of part of the mandatory compensation in the event of a layoff. Without compelling reasons provided labor legislation, no one can fire you.

If you have written such a statement, remember: it can be withdrawn. This must be done in writing. Labor Code The Russian Federation provides that an employee does not have the right to withdraw a letter of resignation only in the case when his place in writing another employee is invited, who cannot be refused to conclude a contract.

If the company has problems and management does not pay wages, do not, under any pretext, agree to voluntarily resign!

If the labor inspectorate does not respond to the complaint (this can happen), contact us again. In your new application, do not forget to clarify that you did not receive a response to your first request.

Government bodies are responsible for timely consideration of citizens' appeals and sending a response.

Even Labour Inspectorate does not see a violation of the law in the actions of the employer, the department will send a response. In it, the inspector who conducted the inspection will justify his decision.

You will find a sample application to be sent by mail in the instructions of the Center for the Protection of Citizens’ Rights “A Just Russia” - “Complain to the labor inspectorate.” It will need to be downloaded.

The material was prepared within the framework of the Program for increasing the level of legal literacy and protecting the rights of citizens of the Russian Federation in the fields of labor and social protection in 2017.

Where to complain about an employer. What to do if an employer regularly breaks the law and where to complain? Learn about ways to protect your labor rights and which authorities you need to contact.

What to do if your employer regularly breaks the law? How to resist the arbitrariness of your superiors? Let's figure out what ways there are to protect your labor rights and which authorities you need to contact. Employees of a number of companies and institutions often face violations by their management.

(click to open)

Where to complain about an employer, let's look at the current material. The most common cases of disregard for the law include the following:

Employees whose interests have been violated by unfair actions of the administration have questions about where to complain about the employer in order to oblige him to comply with the law. There are several ways to achieve this. The effectiveness of each of them depends on the specific situation.

Not only current employees, but also previously dismissed employees have the opportunity to complain about their employer. An example is situations where employees who left companies are not given bonuses based on the results of the previous year, in violation internal situation about these payments.

Preliminary settlement

Before going to court or the prosecutor's office, you must try to decide controversial situation through direct negotiations with company management. This procedure is optional, but it will allow you to clarify the administration’s position or achieve satisfaction of requirements without a long wait.

The application to the employer is drawn up in writing and submitted through the office. The document must be prepared in 2 copies. The office employee must mark acceptance and return 1 of them to the applicant.

If the administration ignores the appeal, it is necessary to move on to other ways to solve the problem.

Often, behind many violations there is a human factor: accounting employees may incorrectly calculate earnings, vacation pay or other payments. Most of these situations can be resolved by contacting them and the employer in government agencies not required.

It is useful to know what is involved in providing services.

How to complain to the labor inspectorate about an employer

One way to force the administration to comply with the requirements of the law is to contact the labor inspectorate. Its divisions are located in all major populated areas. There are several ways to complain about an employer to the labor inspectorate:

1. By visiting this authority in person.
2. By sending the text of the application by mail.
3. , filling out special form on the labor inspectorate website.

All of these methods are equivalent and oblige this body to respond to the appeal.

The inspectorate is obliged to inform the applicant about measures taken within 30 days from the date of receipt of the complaint. During this period, an inspection is carried out and the issue of involving the employer in administrative responsibility. If violations actually occur, the company will face penalties. In order not to suffer repeated punishment, the administration is likely to satisfy the employee’s requirements.

It is possible that a complaint to the labor inspectorate will not solve the employee’s problem. For such situations, the possibility of inaction of this body is provided in a higher structure of the Ministry of Labor, the prosecutor's office or through the court.

By the way, you knew that only with his written consent.

How to submit an application to the labor inspectorate

The current rules do not regulate the requirements for the text of the appeal, but it is advisable to follow several recommendations. Before filing a complaint with the labor inspectorate, you must ensure the following:

• indicating the correct addressee (this is the unit located at the location of the employer);
• including all information about the applicant (full name, home address, Email and telephone);
• in a correct statement of the essence of the claims against the employer;
• full availability of additional written materials;
• if the employee does not want his data to be disclosed to the employer, it is worth including a request for confidentiality.

If the document matches specified requirements, this will speed up the verification process.

An employee can use a sample complaint to the labor inspectorate posted on online portals dedicated to issues of relations between the employee and the administration. In the form of a document, it will be enough to replace personal information, the addressee’s data and state the essence of the problem.

If the applicant applies through the labor inspectorate website, this will simplify the task. It will be enough to fill in all the empty fields and the complaint will be considered.

Oral appeals or anonymous statements will not have the desired effect. To begin checking an employer, the labor inspectorate must have reliable information from specific person stated in writing.

Complaint to the prosecutor's office against the employer

To an unscrupulous employer? Another way to achieve protection of an employee’s rights is to contact the prosecutor’s office. Its divisions are located in every city or region. Prosecutor supervision involves monitoring compliance with the law in any area, including labor relations.

Contacting this structure will be effective if it concerns issues related to the possibility of involving the employer in criminal liability. We are talking, first of all, about cases of non-payment of wages. A complaint against an unscrupulous employer filed with the prosecutor's office can lead to a number of consequences.

• has the right to initiate administrative proceedings in relation to the employing company.
• This body may initiate a criminal investigation against the management of the company.
• The prosecutor's office has the right to issue mandatory orders to eliminate labor violations.
• In some situations, this structure represents the interests of citizens, including employees, in the courts.
• When the issue falls within the competence of other authorities, the company employee will be told where to file a complaint against the employer.

If an application was submitted to the labor inspectorate, this does not deprive the citizen of the right to simultaneously apply to the prosecutor’s office.

A complaint about the inaction of the labor inspectorate (FIT) is one of the most common ways to protect labor rights. The inaction of territorial labor inspection bodies, as a result of which the labor rights of interested persons were violated, are subject to appeal in pre-trial and judicial proceedings. The right to choose the procedure for appeal belongs to persons whose rights have been violated.

In pre-trial order, complaints by virtue of Article 361 of the Labor Code of the Russian Federation, Article 10 of Federal Law No. 2202-1 of January 17, 1992 and Art. 4 Federal Law No. 4866-1 dated April 27, 1993 can be sent to a higher body of the FIT or to territorial body prosecutor's office.

IN in this case complaints must contain:

• name of the body that, in accordance with the law, resolves the complaint
• position and personal data of the FIT employee whose inaction is being appealed
• personal data (full name, address) of the applicant
• essence of the complained omission
• references to violated rules of law
• applicant's requirements
• date of filing the complaint
• applicant's signature
• a list of documentation attached to the complaint, which serves as confirmation of the fact of inaction of the FIT and violation of the applicant’s labor rights

As requirements, applicants may request:

• on restoration of violated rights
• on eliminating obstacles to the full implementation of labor rights
• on the removal from the applicant of the illegally imposed obligation
• on recognizing illegal the inaction of FIT officials

Complaints are reviewed by officials higher authority FIT or the prosecutor's office within 30 days from the date of registration of such appeals. If, on the basis of a complaint, it is necessary to organize an official investigation, the period of investigation is subject to extension for another 30 days. Such an extension is carried out on the basis of a decision of the head of a higher body of the FIT or the prosecutor's office. In this case, the applicant is notified in writing of the decision made, indicating the reasons for the extension.

Based on the results of the investigation of the complaint, a decision may be made:

• on recognizing the inaction of the FIT as unlawful and, as a consequence, on satisfying the complaint
• about refusal to satisfy the complaint

This decision is sent in writing to the applicant.

Concerning judicial order appeals, then interested persons whose rights were violated by the inaction of the FIT have the opportunity to apply for judicial protection. The regime for appealing the inaction of FIT bodies is regulated by Chapter 22 of the CAS of the Russian Federation.

In accordance with Articles 22 and 24 of the CAS of the Russian Federation, filing an administrative statement of claim To officials FIT can be carried out either at the place of residence of the applicant (administrative plaintiff), or at the location of the FIT body, the inaction of which is being challenged. The right to choose a court is given to the administrative plaintiff.

The deadline for sending such a complaint (administrative claim) to the court is established by Article 219 of the CAS of the Russian Federation and is 3 months from the moment the administrative plaintiff became aware of the violation of his rights by the FIT body. Missing the mentioned deadline is not considered grounds for refusal to accept the complaint to judicial proceedings. Within judicial trial it can be restored court. It should be taken into account that the untimely actions of the FIT should be considered by the court as a respectful reason missing the moment of going to court.

According to Article 226 of the CAS of the Russian Federation administrative claims challenges to the inaction of the FIT are considered by the courts within 1 month. In accordance with Article 228 of the CAS RF, decisions made by the court in such cases are subject to appeal according to the general rules established by the CAS RF.

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