Letter to the labor inspectorate. Sample complaint to the labor inspectorate against an employer

If your employer violates labor laws, refuses leave, does not pay bonuses, or delays payment of wages, the Labor Inspectorate should help.

How to write correctly complaint to the Labor Inspectorate and how to achieve compliance with the terms of the contract on the part of the employer, we will consider in this article. The State Labor Inspectorate is a body that monitors compliance with the norms of the Labor Code.

Contacting the labor inspectorate

These responsibilities are imposed on the Labor Inspectorate by Decree of the Government of the Russian Federation No. 324 of June 30, 2004 “On approval of the regulations on the Federal Service for Labor and Employment.”

Accordingly, the Labor Inspectorate is obliged to conduct scheduled and unscheduled inspections to monitor compliance with labor laws on the part of the employer.

These unscheduled inspections by the State. labor inspection should be carried out in the event of complaints from employees about violations of the labor rights of workers.

Therefore, in case of any violations of your labor rights - in case of non-payment by the employer of benefits and bonuses due to you, in case of violation of the required working hours, in case of non-payment of overtime, in case of violation of the vacation regime, you have the right to complain to the State Labor Inspectorate of a particular territorial unit or through an online form appeals.

How to write a complaint to the Labor Inspectorate

There is no clear answer to this question, since there is no single form of complaints in labor and civil legislation, so you can write a complaint in any free form. The only requirement is compliance with the rules of business correspondence, including the following:

Reliability, brevity and accuracy of presentation of information. As always, you should present only verified facts that can be double-checked, and avoid subjective assessments and reasoning that are not relevant to the essence of the matter.
Rules of the Russian language, correct presentation and adherence to spelling rules are required. Stick to proper presentation.
Be sure to write your details correctly: full name and contact phone number to send a response to the complaint.

Complaint against an employer to the labor inspectorate - writing sample

An example plan for writing a complaint is given below:

State Labor Inspectorate
Krasnodar city,
Microdistrict Kamvolno-Sukonny Kombinat,
1st Zarechnaya Street, 17
from Feodorov Feofan Izmailovich
Krasnodar, st. Sormovskaya, 12, apt. 1
contact phone: 11-11-11

COMPLAINT

From 2014 to the present day, I have been working as a gas worker at the gas station of Gazpromneft-Center LLC, which is located at the address: Krasnodar, Uralskaya street, building 96/3. From August 2015 to the present, the employer has not paid me a bonus, citing the fact that the parent organization Gazpromneft-Center LLC has switched to strict cost-saving mode due to the global economic crisis and has established a bonus percentage of 0 for all gas station workers .45%. I have repeatedly written applications for the restoration of payment of the bonus due to me under the contract, but the accounting staff and the management of the gas station did not accept my applications for consideration.

After another refusal, on September 16, 2016, I wrote a complaint addressed to the general director of the company, Efim Solomonovich Ivanov. Although the receptionist accepted my application, she refused to sign the second copy. I did not wait for a response to my appeal.

Then I tried to talk to the director in person and made an appointment for October 11, 2016. During the conversation, the director pointed out that no one in our organization receives a bonus, not even the director, and suggested that I look for better conditions in other organizations.

In connection with the above

Check the above facts and bring the perpetrators to justice.
Ensure the exercise of my right to full payment of the bonus in accordance with the concluded employment contract.

What methods of filing complaints with the Labor Inspectorate are there?

Complaints to the Labor Inspectorate can be sent in three ways.

Personally come to an appointment with a specialist and give him a complaint.
Send the complaint to the address of the Labor Inspectorate using Russian Post.
Submit a complaint online on the website of the State Labor Inspectorate.

Let's look at the advantages and disadvantages of each of these three methods:

In the first case, you standardly write 2 copies of the complaint indicating to whom it is addressed and from whom it is sent, enter your contact and passport information, go with it to the inspection and give it to a specialist. Make sure that the time of filing is recorded on the second copy of the complaint with the date and signature of the official who accepted the document from you. It is important to indicate not only the address for a response, but also a telephone number to resolve issues that may arise during the review process.
If you decide to send your complaint by mail, the process will be much the same. At the post office, you will have to fill out a notification form and send the complaint by registered mail with notification. The notice should be returned to you with the date the complaint was received and the signature of the official who received it. The mailing receipt also serves as proof of mailing until the notice is returned. The second copy of the complaint is not used in this case.
Finally, if you are filing a complaint online, you will have to find the labor inspectorate website, find the link in the “Report a problem” drop-down menu, select one of 11 problem categories (for example, employer liability, change in working conditions, or dismissal), fill out the information , choose what result you expect to get (for example, holding the employer accountable or just getting advice). Thus, submitting an application through the online site is quite simple and convenient. If your category is not on the list, you can write to the “Other questions” section.

To send an application, you must provide certain information about yourself, that is, indicate your name, provide your residential address, telephone number for contact and email for a return response to your application.

Moreover, you can choose the method of receiving the answer yourself, whether it will come to the Russian Post or to your email box.

Also select the purpose of your appeal, that is, do you just want to consult, or do you want to initiate a case against the administration of the enterprise, or initiate an audit of the organization to bring the perpetrators to justice.

After these formalities, you write the text of your appeal. We have already considered the basic rules for drawing up a complaint, so we will only add the possibility of attaching scanned copies of the necessary documents to the complaint - an employment contract, etc.

All is ready? Click “Submit Application” and it’s done!

Important additions when contacting the Labor Inspectorate

The response time to your complaint is no more than 30 days from the date of filing. This period is fixed in the text of the Federal Law “On the procedure for considering appeals from citizens of the Russian Federation.”
You must provide information about yourself (full name, address, telephone number) and this information must be reliable. Otherwise, your complaint to the labor inspectorate may be left without consideration. In addition, insults or curse words are not allowed in the text of the complaint; these violations also mean that your complaint will not be considered.
If an inspection was carried out based on your complaint and its results did not satisfy you, you have the right to appeal the actions of the inspector conducting the inspection to his immediate supervisor. If this does not bring the expected results, you can go to court. In many cases, the easiest way to get back the payments you are entitled to that are delayed by your employer is through the court. It makes sense to write to the prosecutor's office only in case of required sanctions against officials who have violated the law.
To speed up the consideration of the issue, you can contact all authorities simultaneously: the Labor Inspectorate, the court and the prosecutor's office.
Of course, before making a complaint, it is advisable to make an attempt to resolve your issue amicably, that is, first address your complaint to your manager, specifying in the complaint the proposed measures to resolve the situation and the time frame for resolution. If your demands are legitimate, this method is often more likely to lead you to a resolution of the conflict.
Attention! If your employer puts pressure on you and persuades you to write a resignation letter of your own free will, do not give in under any circumstances. He has no right to fire you without documented violations on your part. And if it happened in violation of the law, you can appeal this decision and be reinstated at work and receive compensation for damages.

If your complaint to the labor inspectorate remains unanswered, write a second one, making sure to specify in the text of the complaint that this complaint is being filed a second time and that you have not received a response to the first complaint filed on such and such a date. To appeal a decision on the labor inspectorate’s refusal to accept your complaint for consideration, the response sent to you must contain the reason for the refusal, and if you do not agree, you have the right to appeal to higher authorities to restore justice.

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

The rights and obligations of all participants in labor relations are fixed in Art. 21 and 22 of the Labor Code of the Russian Federation. For an employee who violates them, disciplinary liability is provided, the right to apply which is vested in the employer. In case of violations by the employer, only the state can bring him to administrative or criminal liability.

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

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

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

Where to complain about violation of your rights

An employee has several addresses where to complain about an employer if his rights are violated. For this purpose, a primary trade union organization and a labor dispute commission 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.

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

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

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

Contacting the labor inspectorate

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

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

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

Contacting the prosecutor's office

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

Going to court

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

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

How to properly file a complaint

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

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

There are several ways to write a complaint to the labor inspectorate, including online. The main thing is to clearly argue your position and correctly state the essence of the claims against the employer.

Very often, when disagreements arise between an employer and an employee, the latter has no choice but to complain to the appropriate authorities. Most often, workers go to complain to the labor inspectorate.

What is GIT

The State Labor Inspectorate is a government body whose responsibilities include oversight of compliance with labor legislation and labor protection at all enterprises in the country.

The Labor Inspectorate has the following powers:

conducts scheduled inspections of employers for compliance with the law and, if violations are detected, issues orders to eliminate them and imposes penalties on the perpetrators or on the enterprise as a whole;
Conducts unscheduled inspections based on complaints received from employees. At the same time, inspections are not limited to the area of labor legislation to which the received complaint relates. That is, when inspectors come in response to a complaint about delayed wages, they can check the maintenance of other documents;
participation in commissions to investigate fatal accidents or those involving serious consequences for a group of people. Based on the results of the investigation, makes a decision on the nature of the accident and the degree of guilt of its participants and the employer;
consideration of complaints and disputes on labor issues between an employee and an employer. In this case, not all disputes that arise are within the competence of this body. The most common questions are about unlawful imposition of penalties, illegal dismissal and non-payment of all due amounts, as well as delays in wages. At the same time, questions about the amount of payments should already be sorted out by the judicial authority, although the employee can also address this issue to the State Tax Inspectorate.
consulting both employees and employers on issues of labor legislation and labor protection, clarification of current legislation. Moreover, the employer’s representative’s request for help does not entail an inspection, even if during the consultation it turns out that errors and inconsistencies were made.

When to turn to GIT for help

As a rule, if serious disagreements arise between an employee and an employer, they lead either to punishment or to the dismissal of the employee, which is not always legal and justified.

But since the worker is unable to resolve such issues on his own, he has no choice but to resort to the help of state bodies protecting the interests of workers.

In what cases should you write a complaint to the labor inspectorate?

An employee has the right to contact the State Tax Inspectorate in any case when his rights are violated, or he thinks so.

But at the same time, he must understand that in the current realities, contacting the labor inspectorate means a conflict with the employer and most likely he will have to quit. Although it should be said that this is still more applicable to private companies, in government organizations the employee is more protected.

The most common cases when an employee goes to the state labor inspectorate:

violation by the employer of the Regulations on remuneration and the Collective Agreement;
unlawful imposition of disciplinary sanctions. Here it is possible that the punishment was legal, but an error was made in the execution and the employee knows about it. In this case, unfortunately, the State Tax Inspectorate will still take the employee’s side, since paperwork is considered a priority for any offense. This applies to all labor issues;
wrongful dismissal, especially if it was made under a negative article without compelling reasons. The employee is forced to file a complaint so that the “bad” record does not affect his future employment;
delay of wages. In this case, contacting the inspectorate is advisable only if the entire salary is official;
unlawful layoff or transfer to another job;
violation of the rights of pregnant women (sending on a business trip, engaging in overtime work and night work, etc.). The employer should remember that pregnant women are a special caste, and they are allowed almost everything. Labor inspectors always make decisions in favor of the pregnant woman, and the penalties in this case can be quite significant. This is exactly the case when the employer must, for his part, make every effort to resolve the conflict.

These are the main reasons why complaints come to the labor inspectorate; in fact, there are many more of them.

Note! The fact that an employee turned to the labor inspectorate does not mean at all that he will be right, but even if he is found guilty of a conflict, the labor inspectorate does not apply any sanctions to him, leaving this at the discretion of the employer.

Our lawyers know The answer to your question

or by phone:

A complaint against an employer is written in any form; there is no standardized form for filing it.

It must contain the following details:

the name of the state inspection where it is submitted;
Full name and identity of its manager;
Full name, passport details and registration address of the citizen filing the complaint;
the name of the document, that is, the complaint;
text of the complaint. It should state the essence of the matter in as much detail as possible;
the date the complaint was written and the signature of the employee who wrote it.

The complaint can be handwritten or typed on a computer, this does not matter and does not affect its legality.

The complaint can be collective, then it will have the signatures of all the employees who compiled it.

Note! If the complaint does not contain information about the person who compiled it, then the inspectorate will not accept it for consideration, but at the same time, a note can be placed in the complaint that the applicant requests that his identity not be disclosed.

This measure is advisable only when we are talking about general violations, and not those that concern a specific employee, since in this case it is unlikely that it will be possible to maintain incognito.

How to send a complaint to the labor inspectorate

There are several ways to file a complaint with the labor inspectorate.

First of all, you can take it in person and give it either to the inspector or to the reception. In this case, you need to keep a copy for yourself, on which the receiving party will put the incoming number and date.
You can send a complaint by registered mail. In this case, you need to pay attention to accurately filling out all the data of the person who filed the complaint.
Another way to complain about an employer is to fill out the appropriate form on the official website of the state labor inspectorate.

Whatever method of sending a complaint is chosen, inspectors still accept it for consideration. They have a period of one month to conduct an investigation and make a decision, after which they make a decision, which they inform the person who filed the complaint.

How the investigation is carried out

Upon complaint, GIT employees are required to conduct an investigation. The method of conducting it depends on the circumstances of the case; it can be conducted in two ways:

An on-site inspection is carried out when an inspector comes to the enterprise that appears in the complaint and requests the necessary documents there. This type of inspection is less desirable for the employer, since during the inspection the inspector can check other documents and, if he finds disagreements with the law, has the right to issue a fine and order correction;
the inspector calls the employer's representative with all the necessary documents to his office and there examines all the circumstances of the case based on the documents provided. For the employer, this method is preferable, since only specific documents are subject to verification.

The inspector chooses the inspection method at his own discretion.

Actions of the employee and employer after receiving a response to the complaint

If the response received does not satisfy one of the parties, they have the right to appeal it to other authorities, the prosecutor's office or court.

You also need to remember that the employee has the right to appeal to several authorities at once, but if their decisions do not coincide, then the decision made by the judicial authority will have priority. But it can also be appealed.

The appeal period is 10 days, that is, during this period the dissatisfied party must have time to file a complaint.

Note! According to current labor legislation, an employer cannot fire an employee who complains about him to the labor inspectorate, so if this happens, the employee needs to collect all the evidence and again file a complaint against the employer.

A complaint to the labor inspectorate should be considered as a last resort when all ways to resolve the conflict between the parties peacefully have been exhausted. Because although inspectors more often make decisions in favor of workers, for the latter this will not be a guarantee of maintaining their rights in the future.

Many working citizens of the Russian Federation face violations of their powers by their employer. To resolve controversial issues regarding the legality of the labor process on the part of the management of organizations, a labor inspectorate was created. When contacting such an inspection, you need to know that the statute of limitations for labor disputes is no more than three months from the date of discovery of the offense.

Grounds for contacting the labor inspectorate

The current legislation of the Russian Federation provides that in case of violation of workers' rights, any person has the full right to appeal to the labor inspectorate. Since this inspection body is aimed exclusively at restoring the rights of workers.

Workers of various organizations can contact the labor inspectorate if labor relations have been documented between them and the management of the enterprise. A complaint may be filed with a regulatory agency for the following reasons:

full or partial non-payment of wages. In this case, the current legislation of the Russian Federation provides for criminal liability for the violating employer;
failure to provide earned leave. A subordinate has the right to complain against a manager if he does not pay the required compensation for a vacation not taken;
inadequacy of working conditions, which may lead to deterioration in the health of workers;
non-compliance with legislative documents on labor protection;
failure to comply with labor regulations;
illegal reduction or dismissal;
failure to pay benefits upon settlement;
refusal to provide a work book at the written request of an employee, or upon his dismissal;
unjustified refusal to hire, when the employment center provides an applicant with a vacancy at a certain enterprise, and its manager refuses to employ a new employee;
refusal to provide the employee with the required benefits provided for by law;
Issues related to work and pay on non-working days (weekends, holidays).

The Labor Code of the Russian Federation provides many more reasons for contacting the labor inspectorate. In order for the labor inspectorate to make a decision in favor of the worker, he must, in addition to the application, provide unconditional evidence of existing violations.

Submitting an application and its anonymity

Each region has its own labor inspectorate. Therefore, it is necessary to contact such an institution in the region where the worker’s offense occurred.

A claim for non-compliance with labor relations can be submitted in three main ways:

personally. To use this method, the victim of the employer’s unlawful actions must personally appear at the supervisory organization with a complaint (in two copies) and related documents, and submit them to the office. Where inspection workers are required to put the date and incoming document number on the applicant’s copy;
send the application by mail. To be sure that the sent complaint is delivered to the addressee, it must be sent by registered message with notification;
send an application by email. This method is the most convenient and safe. Since the entire collected package of documents is scanned and sent via the Internet, and the originals remain in the hands of the owner.

Many citizens, when filing a complaint, want to remain anonymous, that is, to anonymously report the violations of the leader. The following reasons may prompt an employee to take such actions:

for a working employee - fear for his career. Since the manager, who finds out who initiated the inspection, can demote or fire this employee;
for a dismissed employee - fear of any actions on the part of the employer that could result in various unpleasant consequences for the former employee.

However, it must be taken into account that the labor inspectorate does not accept anonymous applications. Therefore, when submitting documents, the applicant will need to provide his information. The only way out of this situation is a written request, included in the complaint itself, for non-disclosure of information to the defendant. You will also need to verbally explain to the inspection staff the reasons for this request.

Submitting an application online

To apply online you need:

enter the official page of the labor inspectorate of the relevant region;
on the website that opens, enter all the required data;
describe issues of concern;
attach a file with a scanned package of documents.

In addition, a necessary condition is a clear indication of exactly what actions the employee expects from the inspection body:

verification of the head of the enterprise;
initiating administrative proceedings and bringing violators to justice;
receiving advice on an issue of interest.

The following information must be included in the electronic complaint:

last name, first name, patronymic of the victim;
his address and telephone number;
last name, first name, patronymic of the employer; legal and actual address of the enterprise;
full name of the organization;
circumstances of the violation;
further preferred actions in relation to the person who committed the violation;
list of attached documentation (scanned copies of the employment contract, work record book, applicant’s passport and others).

You also need to include the date the application was compiled and sent and the signature of the applicant. This complaint is considered within thirty days, after which the applicant should receive a response by email about the measures taken, or a notification about the need to extend the inspection period.

It must be taken into account that complaints that do not contain the necessary information about the applicant or employer, as well as anonymous statements, are not accepted or considered by the government agency.

Application consideration period

The labor inspectorate, like other government agencies, has established deadlines that provide for the receipt of documents, their consideration, taking the necessary measures and giving a written response to the applicant.

Applications to the labor inspectorate must be considered within a month from the date of their receipt. This period can be extended only in cases of certain necessity and for no more than thirty days. If the period for consideration of the complaint is extended, specialists of the inspection body must notify the applicant in writing and indicate the specific reasons for such actions taken.

Inspection Check

There are two types of inspections during which representatives of the labor inspectorate have the right to inspect organizations:

scheduled check. Performed in the absence of complaints. Basically, such inspections are carried out by organizations where an emergency occurred or a large number of violations of regulations were discovered. Before starting the inspection, the inspector is obliged to notify the management of the enterprise in advance. The notification is drawn up in writing, indicating the start and end dates of the inspection; target inspection. Carried out upon receipt of a complaint. In this case,
The inspector checks at the enterprise for the presence of violations specified in the application. If they are detected, the authorized person issues an administrative penalty to the violator, and also issues an order of the established form to eliminate the identified offenses. The fulfillment of which the inspector will be required to check during the next inspection.

In addition, a representative of the inspection organization may contact the prosecutor's office, judicial institutions or take other response measures within his powers.

The powers of the labor inspector include:

control over compliance with labor regulations by the employer;
drawing up, delivering and monitoring the implementation of instructions;
control over familiarization of workers with legislative acts on labor protection;
bringing the perpetrators to justice;
participation in accident investigations; removal from office of unqualified
employees of the enterprise;
participation in legal proceedings;
providing various information to law enforcement agencies.

A complete list of powers, duties and responsibilities of a labor inspector are provided in the job description of the authorized person, which is signed by the organization’s lawyer and approved by the first head of the government agency.

Disagreement with the decision made

If the applicant does not agree with the decision made by the inspection body after the inspection, he can challenge this result at the legislative level. To do this, you need to write a corresponding application addressed to the head of the regional department of the labor inspectorate. If such an action does not bring the expected results, the offender can file a complaint with the main government agency, the Labor Inspectorate of the Russian Federation, or appeal the decision in court.

Criminal liability

An employer may be held criminally liable if he does not pay earned money for more than three months.

To do this, an employee who is owed wages must contact the law enforcement authorities with a corresponding statement and a certificate of debt. The employees of which, after conducting an inspection and establishing the fact of a violation, in accordance with Article 145.1 of the Criminal Code of the Russian Federation, will bring the employer to criminal liability.

In contact with

Today, there are unscrupulous managers who neglect labor laws and violate the rights of citizens. Regulatory acts provide for the opportunity for workers to protect their rights by contacting the labor inspectorate. Let's take a closer look at a sample complaint to the labor inspectorate against an employer and the process for filing it.

When can you file a complaint?

What should an ordinary employee do if his labor rights were violated by an unscrupulous employer? He has the right to write a complaint to the labor inspectorate. This can be done if the employee witnessed the boss’s abuse of official position, or if he himself became a victim of discrimination. Let us turn to those actions that can be considered illegal on the part of the employer:

When hiring, the head of the organization violated the registration algorithm: the employment contract did not indicate the salary, information about incentives, bonuses and other payments; forced a pregnant employee to undergo a probationary period; there was no familiarization with internal documentation and orders, and later penalties were applied for ignorance.
The employer clearly discriminated against the employee: refusal to provide the required leave; payment of wages is delayed or incomplete; compensations provided for by labor legislation were not paid; Instead of paying sick leave, the boss forces you to go on vacation at your own expense; The employee is forced to work overtime.
Violations during dismissal: there was no notice of dismissal or reduction; upon dismissal, the required funds were not paid; all cash payments were made after the day of dismissal; a work book was not issued.

In all of the above cases, the employee has the right to file a complaint with the labor inspectorate against his manager. In addition, a complaint can be filed by an entire team of employees.

Sample complaint

There are no specific forms of the complaint itself by law. You can write a letter to the labor inspectorate in free form. It is important that the complaint contains basic information:

information about the victim (full details, actual address and telephone number);
information about the organization;
the essence of the appeal and complaint;
signature and date of preparation.

The employer’s offenses must be clearly described, adhering to business ethics. All information must be truthful and easily verifiable, and also objectively reflect the state of affairs. The complaint must not contain a personal relationship with the accused person. It is best if the complaint describes sequential events. The letter itself can be drawn up in accordance with the labor inspectorate for the employer, presented below.

Complaint Process

After the letter has been compiled, you can proceed as follows:

Personally visit the labor inspection department and submit the complaint to an authorized person. To do this, the document is drawn up in several copies, on one of which the inspector must affix a visa. You can attach the necessary documents confirming what was written to the letter.
A sample complaint to the labor inspectorate against an employer can be sent by registered mail.
Send a letter by email using the online labor inspection service. On the site you must fill out all the fields provided and indicate your data. You can also choose a convenient response option from the inspector. You can also send a sample collective complaint electronically.

The labor inspectorate has a month to respond to the citizen’s letter and notify about further actions. If the claim does not fall within the competence of this body, service employees will forward the appeal to the competent body within a week. Also, the labor inspectorate reserves the right not to consider a complaint if it contains direct threats.

Anonymity

A sample complaint to the labor inspectorate against an employer must necessarily contain information about the applicant. Otherwise, the service does not consider anonymous letters. But the applicant has the right to ask the inspector not to disclose personal data to the employer, that is, to demand confidentiality.

This fact must be indicated when filing a complaint.

Collective complaint

A sample collective complaint is useful if the application is submitted on behalf of an entire group of employees whose rights were violated or discrimination occurred on the part of management. The team can also write a letter regarding the infringement of the rights of one of the employees. In any case, in such an appeal it is necessary to indicate the details of the employee representative on whose behalf the complaint is being filed.

Examination

If the letter to the inspection was drawn up correctly, then after a month the applicant will receive a notification about the upcoming inspection. An inspection of a complaint carried out by the labor inspectorate may include:

control of working conditions;
survey of all employees of the organization;
requesting the necessary documentation for analysis, etc.

After the inspection, the inspector must draw up a report recording all violations. Based on the violations found, the following measures may be applied to the manager:

issuing an order to eliminate all violations;
imposition of administrative sanctions.

In the latter case, the amount is set individually, depending on the severity of the violation.

If the inspector reveals fairly serious violations, the results may be sent to court to initiate criminal proceedings. This can happen if:

safety regulations were violated, resulting in the death or injury of an employee;
termination of an employment contract with a pregnant woman or the mother of a child under three years old;
systematic non-payment of wages for more than three months.