The Labor Inspectorate is one of the government inspectorates that checks compliance with workers' rights. Her range of responsibilities is wide. However, it can be described very briefly - it eliminates violations of employee rights and monitors their subsequent compliance.
Thus labor inspection can be called a kind of “protector” from unscrupulous employers. It eliminates most violations without involving the prosecutor's office or court.
Carries out two types of inspections: scheduled and unscheduled.
Scheduled inspections by the labor inspectorate:
Scheduled inspections are mostly carried out in agreement with the prosecutor's office. They are distinguished by the fact that the plan for such inspections is already known in advance and determined for a year in advance - it can be found on the websites of the Prosecutor General’s Office or the labor inspectorate itself. They also begin only if a certain number of complaints are collected to the inspectorate against a certain employer.
Unscheduled checks:
They are carried out only upon contacting the labor inspectorate. At the same time, complaints must expose serious violations of labor or other standards. The list of reasons can be found in Article No. 360 of the Labor Code of the Russian Federation. The main reasons for an unscheduled inspection are:
- Expiration of the period for eliminating violations identified by the previous inspection;
- Complaints to the labor inspectorate regarding violation of working conditions;
- Complaints to the labor inspectorate about;
- Special order from the head of the Inspectorate.
Thus, an unscheduled check can be caused by the most ordinary employee who wrote. But you shouldn’t think that with the first complaint against an employer, an inspectorate will immediately go to him for an inspection. First of all, we will consider:
- and contracts;
- Account books;
- Internal rules of the organization;
- Schedules (vacations, days off, overtime, etc.);
- Orders concerning labor activity;
- Personal files of employees.
These and many other less important papers will be considered first. Only if violations are found in them can an inspection be expected at the enterprise itself.
The State Inspectorate is authorized to:
- Require the employer to comply with working conditions standards
- Eliminate employees who lack skills or education
- and hold them accountable.
- Check the circumstances
- Temporarily stop the work of institutions.
- Start off litigation in case of serious violations of the law.
The employee makes a complaint in the form of an application. It has a strict form and necessarily includes the following:
In the title:
- Name of the inspection body: full name, address;
- Full name of the person filing the complaint, address;
- Contact information to respond to a complaint.
In the information part:
- The time that the employee worked in the organization, the date of hire;
- Reason for complaint: what exactly are your rights being violated;
- Your actions taken to restore your labor rights;
- Requirements;
- Justification of requirements.
Final part:
- List of additional attached documents;
- Date of filing the complaint;
- Signature.
What should be a correctly written complaint against an employer?
- Accurate. All facts, dates and circumstances must be described without error. All documents serving as evidence must be complete and reliable. Before filing a complaint against the employer with the labor inspectorate, do not be lazy to check it and the accompanying papers for any inaccuracies;
- Brief. Don't go into detailed description everything that preceded the violation or occurred only after it. Describe only the minimum volume required;
- Correct., containing any insults or emotional and incorrect additions will not be considered;
- Competent. Try not to make mistakes, avoid typos and blots;
- Full. Be sure to include everything that is required. If there are no facts, the complaint will not be accepted for consideration. Also, do not forget to indicate all data, including your own.
Is it possible to file an anonymous complaint?
An anonymous complaint will not be considered in the normal course. The fact is that according to the laws Russian Federation An application to the labor inspectorate must contain information about the person filing the complaint. In the case of an anonymous complaint, the application will be considered incomplete and will not be examined. However, a complaint can be filed online. Another form of application provides some anonymity.
It is also worth noting that the complaining employee may request a confidential review. However, in practice such a request is not very effective.
How to complain to the labor inspectorate online
What else is important to know about complaints to the labor inspectorate?
- Consideration of a complaint is not a quick process. Only its initial consideration may take a month, but no more;
- Your complaint may not be considered. Most often this is due to the employee’s desire to write an anonymous complaint. In labor control inspectorates anonymous complaints are not considered;
- The labor inspectorate is not the most effective authority in resolving conflicts with employers. You can also contact the prosecutor's office or court;
- Before filing a complaint, first contact your supervisor with your complaint. Sometimes mentioning a complaint to the inspectorate is enough to resolve minor disputes;
- You can always demand from the inspectorate a justification for its decision.
Where to go if a complaint to the labor safety inspectorate does not help?
- . It is designed to protect any rights of citizens of the Russian Federation, including labor rights. Appealing to the prosecutor's office is very similar to a complaint to the inspectorate: you need to write a statement of complaint in the same order, indicate the circumstances of the case in it, explain the requirements and justify them, and provide evidence in the attached documents. At the same time, a complaint to the prosecutor’s office will be much more effective if, when your rights were violated, the laws of the Russian Federation were also violated.
- . It is quite possible to sue the employer. In this case, authorized judicial representatives will be involved in reviewing the circumstances of the case and checking compliance with labor standards. To do this, you need to file a claim in the usual manner. This process is most effective in cases of illegal dismissal. The only negative is that cases take quite a long time to be processed.
Sample complaint to the labor inspectorate, taking into account the latest changes in the legislation of the Russian Federation.
The Labor Code of the Russian Federation provides several ways to protect the rights of an employee. This may include going to court, the labor dispute commission, or the Federal Labor Inspectorate (Rostrudnadzor).
Rostrudnadzor has the most extensive competence, since this service has special inspectors on its staff who have the right to conduct on-site inspections at enterprises based on employee complaints. It is worth noting that it is necessary to contact Rostrudnadzor in cases where we're talking about not about a labor dispute, but specifically about the employer’s violation of labor laws. The complaint may concern the organization of working conditions, issues regarding accidents, registration of labor documentation, etc.
It must be remembered that some labor disputes (including issues of illegal dismissal, changing the motivation for dismissal, violation of the procedure for using personal data, holding an employee financially liable) can only be considered by the court, so it makes no sense to contact Rostrudnadzor about them.
The format of the complaint itself is quite standard for such documents. A sample of such a complaint is given below. As for the description of violations, each of them is described separately. First, the employer’s actions, which the employee considers illegal, are described, then arguments and references to the norms of the Labor Code of the Russian Federation are given as confirmation of the employee’s position.
In the final part of the complaint, the employee must indicate what measures need to be taken against the employer. Moreover, we are talking not only about punitive measures, but also about actions that are necessary to restore the violated rights of an employee.
To the Federal Labor Inspectorate
in the city___________________________________________
(specify address)From ______________________
(full name, residential address, contact details)Complaint
about violation of employee rights
I, ___________________ (full name of the applicant), am an employee of ____________________ (indicate the name, legal form, TIN, address of the employer, if we are talking about an individual entrepreneur, then indicate the full name, address, TIN).
At this enterprise (institution, organization) I work under an employment contract with “___” “__________” 20 __ in the position of ______________________ (indicate who the employee works for).
During my working career, my labor rights were repeatedly violated as a result of the following actions of the employer _____________________ (indicate the actions of the employer that violate the rights of the employee provided for by labor legislation).
The specified actions of the employer are illegal due to _________________________ (indicate the norms of the Labor Code of the Russian Federation, other regulations, taking into account which the actions of the employer are illegal).
Taking into account the above, guided by Articles 354, 356 of the Labor Code of the Russian Federation,
ASK:
1. Conduct a review of the arguments set out in the complaint and, if relevant violations are detected in the activities of ____________________ (indicate the name, organizational and legal form, if we are talking about an individual entrepreneur, then indicate the full name, address, TIN) bring the perpetrators to administrative responsibility ;
2. Oblige my employer __________________ (indicate the name, legal form) ____________________ (indicate what needs to be done to eliminate the violation, for example, pay wages, make payments in in full, issue a work book, etc.);
3. Notify me about the results of the inspection.
Applications:
1. Copy of the employee’s passport;
2. A copy of the employment contract;
3. Documents confirming the applicant’s arguments.
“___” “________” 20__ ________________ (signature)
Every citizen of the Russian Federation, if his rights were violated during his work activity, has the right to file a complaint with the government body, whose duty is to oversee compliance with the norms of the Labor Code and other legislative acts in the field of labor relations. These bodies include the prosecutor's office, the court and the labor inspectorate, operating within the framework of the Federal Service for Labor and Employment.
On initial stage It is better to contact the labor inspectorate with a complaint; for this you do not have to visit it in person! You can also submit an appeal via the Internet, using the service on the website Onlineinspektsiya.rf.
Today we will look in detail at how to write a complaint to the labor inspectorate via the Internet and talk about possible consequences this decision.
Complain to the labor inspectorate via the website
Complaints to the labor inspectorate, along with appeals to labor dispute commissions, the prosecutor's office or the Federal Tax Service, are an effective tool for combating unscrupulous employers who violate labor laws in their enterprises.
The official website of the inspection is Onlineinspektsiya.rf. It contains many useful services, full list which can be found at home page. We are interested in filing a complaint, so we select the item “ Report a problem».
What to do next (step by step instructions)?
1. On the page that opens, select the category of the problem, depending on the type of offense (rest time, wage, hiring, etc.). We will select the “Salary” item as an example.
3. We choose the desired result that the appeal should lead to - fact checking, consultation or bringing to administrative responsibility. As an example, let’s look at the initiation of administrative proceedings.
6. Again, select the desired result of submitting the application and click the “Continue” button.
7. Let's move on to drawing up the application. First, we indicate your personal and contact information – nickname, surname, first name and patronymic, email address and contact phone number. Boxes with an asterisk are required. If you would like to receive the response from the labor inspectorate by mail, then you must tick the appropriate box and indicate the address - city, street and house, zip code.
8. We indicate the full name of your organization and its actual address.
9. Fill in the fields with additional information about the organization – legal address, your position, INN/OGRN, manager’s details, etc.
10. We describe our situation in as much detail as possible. Any information regarding non-payment of wages will be useful. It is advisable to attach photographs of documents to the description, as well as indicate other information, including the names of your colleagues and superiors. If work was suspended while the complaint was being considered, check the appropriate box.
11. Once again, we indicate the desired result of submitting the application, if necessary, familiarize yourself with the rules and agreement of the site’s electronic services (and check the box confirming that you have read them), and then click on the “Submit Application” button.
The application has been submitted. What's next?
An application submitted to the labor inspectorate must be considered within 30 days, which can be extended for another period if there are serious grounds (for example, a thorough inspection of the enterprise is necessary). During this period, all information received will be verified or an audit of the organization will be carried out.
Labor inspectors have the right to demand from the employer any documents relating to its activities, including financial and accounting documents, employment contracts, staffing table, regulations on wages and other material remuneration and much more.
In order for the decision on the appeal to be positive and the inspection to be effective, before filing a complaint you should try to independently collect the maximum amount of documentary evidence of violations. A routine inspection of an enterprise may not bring the desired results if a Rostrud employee does not know where exactly to look.
If the employer’s inspection confirms the facts stated in the appeal, then he will be issued an order to eliminate the fact of violation of labor legislation. It must be completed within the appropriate time frame, otherwise the case will be referred to the prosecutor's office or court.
Lack of response to complaints to the labor inspectorate
In some cases, 30 days after submitting an application on the Onlineinspektsiya.rf website, the answer still does not come. What are the reasons?
Here are the most common ones:
- Personal information was not provided completely. Government agencies do not consider anonymous complaints. It does not matter why they were not indicated - by accident or intentionally. If an employee does not want his personal information to be disclosed, this can be indicated in the application itself. But no one will give a complete guarantee of their safety;
- Incorrectly specified Email or real mailing address. If you inattentively fill in the fields with feedback the response to the appeal may go to a stranger or not reach anyone at all (if a non-existent postal address was indicated by mistake);
- Lack of reliable data about the offense. If insufficient evidence of violation of labor laws was provided and instead of facts the applicant described only his hypotheses and speculations, then an investigation may not be initiated;
- A technical error. The complaint may simply not reach the inspection due to a network or website failure.
When drawing up a complaint to the labor inspectorate and describing the details of the case, you should use only competent written speech, without serious stylistic, spelling, grammatical and speech errors. It is not allowed to use obscene words and expressions or use colloquial expressions. A complaint is an official document, a message to government authorities. And if it is poorly drafted, it may not be accepted for consideration.
It should also be borne in mind that if the boss does not agree with the order of the labor inspectorate, he has the right to appeal this order. Let's first figure out which labor inspectorate to contact with a complaint against the employer.
The purpose of this institution is to monitor how employers comply with labor laws.
- personally bring the letter to the labor inspectorate;
- send a letter by mail;
- report the problem to the online inspection.
It is quite possible that a competent and reasoned report to the labor inspectorate, confidently placed on the manager’s desk, will be able to resolve the situation in favor of the employee, even without his direct appeal to this authority.
Let's do it collectively
Complaint about the order
According to Article 361 Labor Code RF, the manager can appeal the orders made by the labor inspectorate. The main thing is not to miss deadlines and not to violate the appeal procedure. There are two ways to do this:
- A complaint to a manager higher than the inspector who issued the order, or an appeal to the chief labor inspector in Russia.
If the inspector orders the manager to suspend his activities, this decision can only be appealed in court.
A complaint to the court against the order of the labor inspectorate must be filed within 10 days; there is no time limit for filing a complaint with the Federal Labor Inspectorate. The inspectorate must consider the application within 30 days. If this does not happen, the applicant has the right to go to court (no later than three months). If the superior inspector refuses, his decision can also be appealed to a court of general jurisdiction.
The complaint is drawn up in 2 copies: one copy to the office, the other to the applicant. It must indicate the details and name of the labor inspectorate whose orders are being appealed. The applicant writes the details of his organization and address. The complaint must indicate the number of the labor inspectorate order. In the text, the applicant substantiates his demands, drawing the attention of the superior inspector to the illegality of the local inspector’s order, and asks to cancel the order or admit that the local inspector acted unlawfully.
An approximate sample can be viewed.
How to do it anonymously?
Can the manager recognize the author of the letter?
The inspector will not consider a letter unless the complainant's name is included. However, if there is a written request from the applicant not to disclose his full name, the inspector will violate the law ( Federal Law 558 of the Labor Code of the Russian Federation), if he provides the employer with information about to whom he owes the labor inspection inspection. The inspection is organized in such a way that management does not have the opportunity to understand which of the subordinates wrote the complaint.
What does the labor inspectorate check?
- Contracts (labor, etc.).
- Work records of all employees.
- Traffic reporting work records workers.
- Personal cards of employees.
- State schedule.
- Vacation schedule, vacation notifications.
- A timesheet that records working hours.
- Payslips (are they issued to employees, etc.).
- Local acts organizing internal labor regulations, wages, bonuses, personal data of workers (Article 87 of the Labor Code), and labor protection (Article 212 of the Labor Code).
- Management orders.
- Payroll records, employee personal accounts.
- Are employees familiar with all the documents organizing their work?
I changed my mind! I am writing a refusal!
The reason for carrying out an unscheduled inspection of an organization by employees of the state labor inspectorate is considered to be a complaint received by the supervisory authority. labor Relations authority that the employer violates the rights of employees. There is no indication in any legal act that it is possible to withdraw a complaint in order to refuse an inspection. It should still be carried out, because it may reveal administrative violations.
An employee, of course, can inform the state labor inspectorate that his conflict with the employer has been resolved. If administrative violations are detected, this will mitigate the manager’s punishment.
How to write a statement withdrawing a complaint? It should be similar in form to the complaint itself. In the header - an indication of the name of the labor inspection, its details, the applicant's full name, the position he occupies. In the text of the application - I, Ivan Ivanovich Ivanov, ask for the withdrawal of my complaint dated 05/01/2015 number (the complaint number is written), because . all disagreements with the employer are now no longer valid, all issues have been resolved. Like that. Below is the signature and date.
In a democratic state, it is not the boss who is right. He who does not break the law is right. Labor inspectorate, court, prosecutor's office - here government bodies, where every employee can go to restore their rights infringed by their manager. Inertia is not in fashion these days. The winner is the one who is not afraid to fight for the right to normal conditions labor.
