How to fill out an application and contact labor inspection online? What does the labor dispute inspectorate check? How does the labor inspectorate check an employer?
Cases of violation of workers' labor rights are widespread. Most people perceive injustice from their superiors as an inevitable nuisance and do nothing for fear of retribution in the form of sanctions or dismissal.
Meanwhile, Russian legislation has a full arsenal regulatory documents and administrative levers to protect the rights of ordinary workers, and to put any tyrant boss in his place.
Welcome to Valery Chemakin, a legal consultant, and this article will talk about such a useful service as the labor inspection. You will find out how effective its protection is.
At the end of the article you will find an overview of several law firms whose employees will help resolve your disagreements with your superiors.
1. What is a labor inspection and what does it check?
Labor legislation includes many rules and regulations that govern the relationship between employees and employers.
On the part of the latter, labor law is often ignored, which contributes to the emergence of. Read about the essence of this concept in our special article.
To resolve them, a labor inspectorate has been created in Russia, contacting which gives workers the opportunity to defend their rights outside judicial procedure. All employers are required to comply with the decision of this body or appeal it to the court. The inspectorate is subordinate to the Ministry of Labor and social protection population.
Control and supervision in the field of labor relations, conducting labor safety inspections, considering complaints - this is not all that the State Labor Inspectorate does.
Types of activities of the labor inspectorate:
- conducts inspections of employers (scheduled and unscheduled) to identify and suppress violations of labor legislation;
- monitors the progress of inspections on industrial accidents;
- checks the legality of payments of social benefits;
- controls the activities of guardianship authorities in terms of work with incapacitated citizens;
- permits in government institutions;
- conducts awareness-raising work;
- conducts an examination of harmful production conditions;
- assesses the state of affairs with labor protection at enterprises.
Another name for this service, represented in all regions, is Rostrud.
2. When to contact the labor inspectorate - overview of the main situations
The powers of the labor inspectorate are such that the inspector has the right to come with an inspection not only according to a previously agreed plan, but also unscheduled. This is possible when complaints are received against the employer from employees, but (read a separate article about its functions) they are not able to resolve the conflict.
Since the labor inspectorate is a state regulatory body, an unscheduled inspection is also appointed to monitor compliance with the order after the deadline for eliminating violations has expired. What are the grounds for conducting an unscheduled inspection by the labor inspectorate?
Situation 1. Delay or non-payment of wages
The law establishes that an employee must receive a salary twice a month. The employment contract clearly states the payment dates. If an employer systematically delays wages or does not pay them in full, the employee has the right to appeal to the inspectorate with a complaint. By the way, you don’t have to go to work until the debt is paid off. You will also be paid for the forced downtime later.
Situation 2. Incorrect calculation of compensation upon dismissal
On the day of dismissal, the employee has the right to receive a full payment, taking into account all due compensation. If the employer did not do this or deceived the resigning employee, then the labor inspectorate will impose a fine on him, even if he is an individual entrepreneur. In addition, he will oblige you to pay every penny.
Situation 3. Non-payment of benefits
Russia is a social state, so a large number of citizens belong to the preferential category. They are entitled to benefits, the payment of which depends on many factors. The authorities administering these payments sometimes commit violations and deny citizens their legal right. In this case, you also need to contact the inspectorate.
Example
Nikolai Pavlovich lived in a remote village and, as long as his health allowed, he raised bees. Several years ago, he bought his minor son an apartment in the city with the expectation that he would go to university and need his own housing. Then Nikolai Pavlovich fell ill and had to sell the apiary, but he had a northern pension.
My son started studying and applied for social scholarship, but he was refused, citing the fact that he and his father had sufficient income and also had their own apartment.
The guy turned to me for advice, I advised him to contact the labor inspectorate. After all, he lived in the apartment alone, was of age at the time of applying for a scholarship, which means that the father should not be taken into account as a family member in the calculation.
That helped. Literally a few days later he was given a certificate according to which they began to pay a stipend. The most interesting thing is that the inspector only had to call social security and warn that they had committed a violation.
Situation 4. Refusal to exercise the right to leave
According to the Labor Code and the Constitution, all employees have the right to rest. The employee has the right to use it within 6 months after employment. Some employers, under the guise of official necessity, do not allow their employees to go on vacation.
As a result, a year, a year and a half, and sometimes even two pass. This should not happen - be sure to contact the labor inspectorate. How to do this, read in the next section.
3. How can you file a complaint with the labor inspectorate - 3 proven methods
You don’t know how to write to the labor inspectorate against your employer, but you really want to? Then you must learn some rules.
Rules for filing a complaint to the labor inspectorate:
- do not pour water, describe only the facts and support them with evidence;
- fewer emotions - they do not carry a semantic load;
- do not use profanity;
- introduce yourself and indicate your contacts.
If someone is wondering whether it is possible to anonymously contact the labor inspectorate, know that such a slander will not be considered. Below I propose to consider 3 methods of appeal.
Method 1. Contact the labor inspectorate in person
If your city or town has an active labor inspectorate, go there in person and present your problem directly to the inspector. Perhaps he will solve your problem without any statement or explain that you are mistaken and the employer is right.
If the truth is on your side, then you need to write an appeal according to the sample proposed by the inspector. In it, state the facts that you have double-checked several times. Write without emotion, concisely with links to the attached documents.
What documents are needed to apply to the labor inspectorate:
- passport;
- employment contract;
- orders or instructions from the manager related to the case;
- other documents confirming the illegality of the administration’s actions.
A note will be made about the acceptance of documents for consideration, and you will be given a receipt.
Method 2. Send an application by mail
How to write a letter to the labor inspectorate so that it actually reaches the addressee and is considered? Nothing could be simpler. Introduce yourself. Indicate the name and details of the organization against which you have a complaint. State their essence concisely and reasonably. Attach to the letter copies of documents confirming your words according to the inventory.
After this, send a registered letter with notification. You will receive a tear-off coupon confirming that your application has been received at the correct address. Don't forget to include your return address, phone number and email. This will help solve your problem more quickly.
Method 3. Via the Internet
Most convenient way- this is submitting an application to the labor inspectorate online. There is a special form for this on the Rostrud website. It is very convenient and does not require special knowledge. Read about how to use this method in the next section.
4. How to submit an application to the labor inspectorate online - step-by-step instructions for beginners
Modern technologies make it possible to solve the most serious and pressing problems using the Internet. In particular, today you can get a large number of services by submitting applications through the portals of the relevant authorities or directly through the State Services website.
2) Lexlife
This company specializes in resolving all types of disputes in court and out of court. ok, that's it including the settlement of labor disputes. The main thing is not to miss the deadline established by law for contacting the labor inspectorate, especially after dismissal. To do this, you need to immediately use the services of Lexlife.
Company Services:
| № | Name of service | The essence of the service |
| 1 | Consulting | Rendering consulting services orally and in writing on labor legislation |
| 2 | Pre-trial settlement of a dispute with an employer | By contacting the labor inspectorate and negotiating with the company administration |
| 3 | Drawing up a claim, statement of claim | Competent execution of these documents with references to legislation |
| 4 | Protecting employee interests in courts | Full support in court |
3) Yuskon
The main activity of the company is accounting support. However, resolving personnel issues of the enterprise is also within the sphere of interests of the company. If you are an employee, then specialists will advise and protect your rights, both in the labor inspectorate and in court. If you are an employer, then by concluding an agreement with them, you will protect yourself from unnecessary claims related to violation of labor laws.
Now I suggest you watch a thematic video.
7. How to appeal the decision of the labor inspectorate - procedure
Unfortunately, the decision of the labor inspectorate does not always completely satisfy the victim. But everyone has the right to appeal against it, first with the head of this service, and then in court.
The applicant was hired on the basis of an employment contract. During his work, he conscientiously performed his job responsibilities, completed the tasks assigned to him by management in a timely manner. The employer groundlessly suspended the applicant from work, citing the fact that the applicant was intoxicated. At the same time, the employer constantly creates obstacles for the applicant in carrying out work activities. By its actions, the employer forces the applicant to resign. The applicant does not agree with the employer’s actions and considers them illegal and unfounded. The applicant requests that the complaint be considered on the merits of the problem that has arisen. Conduct an audit of the organization's activities.
To the State Labor Inspectorate for the city __________
________________________________________
gr. ____________________________, residing in
address: __________________________________________
I, ___________________, “___” _____________ ________, was hired at LLC “_______________” on the basis of employment contract No. ______.
My position is _____________________ from wages ____________ rubles.
During my work, I conscientiously fulfilled my job duties and completed the tasks assigned to me by management in a timely manner.
I properly performed the work assigned by my employer, for which I regularly received wages in the amount established by the employment contract.
“___” ________________ 2011, the employer groundlessly suspended me from work, citing the fact that I was drunk. I objected and demanded a medical examination to determine my state of intoxication, but the employer refused. At the same time, the employer constantly creates obstacles for me in carrying out my work activities. By his actions, the employer is forcing me to quit. I have no desire to terminate the employment relationship. However, the employer threatens to fire me for violating labor discipline (although there were no grounds for this; during the entire period of work, the employer did not make any comments towards me).
I do not agree with the employer’s actions; I consider them illegal and unfounded for the reasons stated below.
In accordance with Article 2 of the Labor Code Russian Federation, one of the basic principles of the legal regulation of labor relations is the obligation of the parties to an employment contract to comply with the terms of the concluded contract, including the right of the employer to demand that employees perform their labor duties and take care of the employer’s property and the right of employees to demand that the employer comply with his obligations towards employees, labor legislation and other acts containing labor law norms.
In accordance with Article 3 of the Labor Code of the Russian Federation, discrimination in the sphere of labor is prohibited.
In accordance with Art. 21 of the Labor Code of the Russian Federation, an employee has the right to conclude, amend and terminate an employment contract in the manner and under the conditions established by the Labor Code of the Russian Federation and other federal laws.
In accordance with Art. 22 of the Labor Code of the Russian Federation, the employer has the right to conclude, amend and terminate employment contracts with employees in the manner and under the conditions established by the Labor Code of the Russian Federation and other federal laws; the employer is obliged to comply with labor legislation and other regulatory legal acts containing labor law norms, local regulations, conditions of the collective agreement, agreements and employment contracts.
According to Art. 1 of the Labor Code of the Russian Federation, the goals of labor legislation are the establishment of state guarantees of labor rights and freedoms of citizens, the creation favorable conditions labor, protection of the rights and interests of workers and employers.
The main objectives of labor legislation are to create the necessary legal conditions to achieve optimal coordination of the interests of the parties to labor relations and the interests of the state.
From paragraph 22 of the Plenum Resolution Supreme Court RF dated 03/17/2004 N 2 (as amended on 09/28/2010) “On the application by the courts of the Russian Federation of the Labor Code of the Russian Federation” termination of an employment contract at the initiative of an employee is permissible in the case where filing a letter of resignation was his voluntary expression of will.
In this situation, I do not want to stop labor activity V _________________. My employer is forcing me to resign, which is against the law.
Based on Art. 11 of the Labor Code of the Russian Federation, all employers (individuals and legal entities, regardless of their organizational and legal forms and forms of ownership) in labor relations and other directly related relations with employees are required to be guided by the provisions of labor legislation and other acts containing labor law norms.
According to Art. 3 of the Labor Code of the Russian Federation, everyone has equal opportunities to exercise their labor rights. No one can be limited in labor rights and freedoms.
The employer's actions caused me moral harm. My moral suffering is expressed in what I experienced nervous stress, a feeling of resentment due to the unfair actions of the employer towards me, as well as anxiety and fear for my future, and was also forced to spend my time and money defending my legal rights.
My moral suffering is aggravated by the disrespectful attitude of the management of this organization towards its employees who conscientiously perform their official duties.
In accordance with Art. 362 of the Labor Code of the Russian Federation, managers and other officials of organizations, as well as employers - individuals guilty of violating labor legislation and other regulatory legal acts containing labor law norms, are liable in cases and in the manner established by the Labor Code and other federal laws.
According to Art. 352 of the Labor Code of the Russian Federation, everyone has the right to protect their labor rights and obligations by all means not prohibited by law.
The main ways to protect labor rights and freedoms are:
- self-defense of labor rights by employees;
- protection of labor rights and legitimate interests of workers by trade unions;
- state supervision and control over compliance with labor legislation and other regulatory legal acts containing labor law norms;
- judicial protection.
Among the methods not prohibited by law is the appeal of an employee whose labor rights and freedoms have been violated to the body that carries out state supervision and control over compliance with labor legislation and other regulatory legal acts containing labor law norms.
In accordance with Art. 33 of the Constitution of the Russian Federation, citizens of the Russian Federation have the right to apply personally, as well as send individual and collective appeals to state bodies and local governments.
In accordance with Part 1 of Article 353 of the Labor Code of the Russian Federation, state supervision and control over compliance with labor legislation and other regulatory legal acts containing labor law norms by all employers on the territory of the Russian Federation is carried out by the Federal Labor Inspectorate.
In accordance with Art. 357 of the Labor Code of the Russian Federation, state labor inspectors, when exercising state supervision and control over compliance with labor legislation and other regulatory legal acts containing labor law norms, have the right:
in the manner established by federal laws and other regulatory legal acts of the Russian Federation, to freely visit organizations of all organizational and legal forms and forms of ownership, employers, at any time of the day in the presence of standard certificates for the purpose of conducting an inspection - individuals;
request from employers and their representatives, executive authorities and local governments and receive from them free of charge documents, explanations, information necessary to perform supervisory and control functions;
remove for analysis samples of used or processed materials and substances in the manner established by federal laws and other regulatory legal acts of the Russian Federation, notifying the employer or his representative about this and drawing up a corresponding act;
investigate in in the prescribed manner industrial accidents;
present to employers and their representatives mandatory orders to eliminate violations of labor legislation and other regulatory legal acts containing labor law norms, to restore the violated rights of employees, to bring those responsible for these violations to disciplinary liability or to remove them from office in the prescribed manner;
submit to the courts, in the presence of conclusions of the state examination of working conditions, demands for the liquidation of organizations or termination of the activities of their structural divisions due to violation of labor protection requirements;
issue orders to remove from work persons who have not completed training in accordance with the established procedure safe methods and methods of performing work, instruction on labor protection, on-the-job training and testing of knowledge of labor protection requirements;
prohibit the use of those that do not have certificates of conformity or do not comply with state regulatory requirements labor protection (including requirements technical regulations) personal and collective protective equipment for workers;
draw up protocols and consider cases of administrative offenses within the limits of authority, prepare and send to law enforcement agencies and other materials (documents) to the court on bringing the perpetrators to justice in accordance with federal laws and other regulatory legal acts of the Russian Federation;
act as experts in court on claims for violation of labor legislation and other regulatory legal acts containing labor law norms, for compensation for harm caused to the health of workers at work.
In accordance with Art. 2 of the Federal Law of May 2, 2006 N 59-FZ “On the procedure for considering appeals from citizens of the Russian Federation,” citizens have the right to apply personally, as well as send individual and collective appeals to state bodies, local governments and officials. Citizens exercise the right to appeal freely and voluntarily. The exercise by citizens of the right to appeal must not violate the rights and freedoms of others.
A written appeal received by a state body, local government body or official in accordance with their competence is considered within 30 days from the date of registration of the written appeal.
Based on the above, in accordance with the norms of the Labor Code of the Russian Federation,
1. Consider my complaint on the merits of the problem that has arisen.
2. Conduct an inspection of the activities of LLC “_________________” (address: _______________________________________________) based on the circumstances I have outlined for violation of my labor rights, take measures to protect and restore my violated rights.
3. Report the results of consideration of this complaint to the above address.
"____" _____________ 2011 __________/_____________/
The State Labor Inspectorate (GIT) carries out “federal State supervision over compliance with labor legislation and other regulatory legal acts containing labor law standards.” The labor inspectorate is authorized to conduct an unscheduled inspection in an organization if a corresponding request from an employee is received. At the same time, it is necessary to remember that “Appeals and statements that do not allow identifying the person who applied to the state control (supervision) body... cannot serve as the basis for an unscheduled inspection” (Clause 3, Part 2, Article 10 of the Federal Law of December 26. 2008 N 294-FZ). In other words, the State Tax Inspectorate should not respond to anonymous requests.
The application procedure takes place in two steps.
Step 1. Filing a complaint
The first thing to do is to file a complaint properly. To do this, a written application must be drawn up, which must contain:
- Name government agency;
- Full name of the applicant;
- postal and email address the applicant;
- content of the complaint;
- applicant's signature;
- date;
- copies of supporting documents (if available).
A written appeal to the State Labor Inspectorate will not be accepted for consideration if it does not include the full name of the applicant or postal address for a response (clause 1 of Article 11 of the Federal Law “On the procedure for considering appeals from citizens of the Russian Federation” dated May 2, 2006 N 59-FZ ). In addition, there will be no answer if the text cannot be read (clause 4 of Article 11 of the Federal Law of May 2, 2006 N 59-FZ).
Sample complaint to the labor inspectorate
Step 2. Submitting a complaint to the labor inspectorate
The application can be sent by one of traditional ways: personally take it to the GIT at the appointed time or send it by Russian Post or email.
In the first case, the application should be drawn up in two copies, one of which is certified and remains in the hands of the applicant.
In the second case, the request is sent by registered mail, and the applicant receives notification of its delivery to the addressee.
Both methods are associated with certain inconveniences and time costs. From January 1, 2017, in connection with amendments to , the requirements for the consideration of applications to the State Labor Inspectorate have been changed. Now every citizen has the opportunity to file a complaint with the labor inspectorate online.
How to write a complaint to the labor inspectorate online
You can register an appeal online using the onlineinspection.rf resource. All that is required is to log in to the site and follow the steps suggested by the system:
- Open the “report a problem” service.
- Select the category of the problem (hiring, changing working conditions, dismissal, work time etc.)
- Specify the category of the problem by selecting one of the proposed options. If the problem does not fall into one of the categories, you should return to step 2 and select “other violation of labor rights.”
- Highlight the desired result of consideration of the application (verification of the stated facts; identification of guilty persons and bringing them to administrative responsibility; consultation on the questions asked).
- State the essence of the appeal, indicating information about the applicant and the employer.
- Consent to the processing of personal data.
The application status is tracked in personal account in online mode.
Results of the complaint consideration
An appeal to the State Labor Inspectorate is registered within 3 days, regardless of whether it was submitted online or in writing. The period for consideration of the application is no more than 30 days from the date of its registration. Sometimes the review period is extended, but not by more than 30 days, with mandatory notification to the applicant.
If the application is drawn up properly, the inspector conducts an inspection, during which the presence or absence of a violation of the employee’s rights is revealed and a corresponding report is drawn up. If violations are confirmed, the employer is issued an order to eliminate them, and the applicant is sent a reasoned response in writing.
Instructions
According to Article 356 Labor Code RF, in order to restore and prove violated rights, an employee has the right to contact the Russian Federation with a complaint, letter or statement, which is written in free form.
The employer must know that not only an employee who has an employment relationship with him has the right to contact the labor inspectorate, but also any other person, in the event of, for example, an illegal refusal of employment.
It is necessary to attach everything that confirms the fact of violation on the part of the employer. These may be copies of orders, acts, internal labor regulations, etc. If it is impossible to provide copies of documents, the applicant must indicate this in his complaint.
Since the labor inspectorate does not make anonymous complaints, the employee must indicate all his data (full name, address, telephone) in the complaint. But, if the applicant nevertheless insists on confidentiality, then, according to Part II of Article 358 of the Labor Code of the Russian Federation, inspectors are obliged to keep the applicant’s name secret. This must also be stated in the complaint.
According to Article 386 of the Labor Code of the Russian Federation, the period during which an employee can apply to the labor inspectorate is 3 months from the date of violation of his rights.
If inspectors identify obvious norms of labor legislation, the employer will be provided with instructions that he will be obliged to fulfill, for example, reinstate the employee in his previous position.
An employer, having received a mandatory order from the labor inspectorate, can either comply with it within the specified time frame, or refuse and appeal it in court within 10 days from the date of receipt.
Based on an employee’s complaint, the labor inspectorate has the right to conduct an unscheduled inspection of the organization.
Sources:
- how to contact an employer
Almost everyone knows that the employee is less protected than the employer. Who among us has not heard from our bosses that we have no irreplaceable people? It is often really easier for an employer to find a new employee than for an employee - new job with good salary and team. And even if the rights of workers are openly violated, employers do not receive a worthy rebuff. Requests and demands of employees are ignored, and defending rights in court is expensive. All that remains is to write an application to the labor inspectorate.
You will need
- Labor Code
- Documents confirming violation of rights
Instructions
In what cases should you contact the labor inspectorate? If you feel that your employer has violated your rights, look through or consult with a lawyer (consultations are usually free). It often happens that the employer, already at work, for example, does not conclude an employment contract, or does fixed-term contract With open date. Or, having concluded a contract to work in one position, you are surprised to find that you have to do the work “for yourself, and for that person.” It also happens that the employer decides not to pay you the money due under the contract at all, for example. Or workplace and working conditions are not just far from ideal, but very far. Another common violation is unpaid overtime. Or working without vacation beyond the statutory time. And, of course, unfair dismissal, for example. This list of violations of labor laws by employers is not exhaustive, and if your rights are infringed, file a complaint with the labor inspectorate in order to protect them.
There are labor inspectorates in almost every city to monitor compliance with labor laws. You need to find out your address and telephone number in any available directory. By driving up or calling there, you can get contact information for the inspector who supervises your organization.
Now you need to formulate a complaint to the labor inspectorate. It should reflect the essence of your complaint and proposals for eliminating the violation. The complaint must be accompanied by documents confirming that the employer is actually violating your rights. However, if you do not have such documents, for example, because the employer simply did not provide them, do not worry. Violations will be identified during the inspection.
The application to the labor inspectorate must be completed properly. In the upper right corner write the name of the institution (labor inspectorate), position, surname and initials of the addressee, just below - your surname and full name, as well as address and contact phone number. In the text you should write the name and address of the organization that violated your rights, as well as contact numbers, first and last names general director, and the chief accountant, and also, after an indentation, state the essence of the complaint and a list of attached documents. You should leave a signature and transcript at the bottom of the page.
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, the labor inspectorate 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 relating to 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 of the Russian Federation, an application to the labor inspectorate must necessarily 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. Labor control inspectorates do not consider anonymous complaints;
- 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.
