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How to make a complaint to the labor inspectorate. Advantages and features of filing a collective complaint. An example of filing a complaint against an employer

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

The current realities are such that conflicts between employees and employers are not uncommon, but rather a pattern. Moreover, very often employers to some extent (including very grossly) violate labor laws. Most often, their employees simply put up with it, holding on with all their might to work as the only possible source of income (which is already a mistake), and they allow them to do anything with themselves, they are ready to endure any inconvenience and hardship, just not to be fired. In my opinion, this is a completely wrong position.

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

What is a labor inspectorate?

Where to complain about an employer? To control the observance of the rights of workers, there is a special state body - the labor inspectorate (in different countries It may be called differently, but the essence is the same).

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

For example, the labor inspectorate in Russia is officially called federal Service on labor and employment or Rostrud. In Ukraine, this is the State Labor Inspectorate of Ukraine.

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

When can I complain about an employer?

Let's start by looking at situations in which you can file a complaint with the labor inspectorate. In short, it can be any violation of labor legislation, including those that violate the rights of an employee defined in the Labor Code. Here are the most common examples.

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

How to file a complaint with the labor inspectorate?

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

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

Method 2. File a complaint with the labor inspectorate online. This is the simplest option, but not always effective, because your electronic appeal can simply be “lost”, left without consideration, and you will not necessarily receive an official response to it. You can file a complaint with the labor inspectorate online in Russia through the website onlineinspection.rf.

Method 3. File a complaint with the labor inspectorate through the hotline. Approximately the same as the second method, only the complaint in this case will need to be stated orally, by phone, it will be recorded from your words. Reception here also cannot be guaranteed - it all depends on whether it is considered reasonable and requiring consideration.

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

How to file a complaint against an employer?

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

Step #1. Compose the text of the complaint. There are no strict forms by which a complaint to the labor inspectorate is drawn up. The complaint must be made in a business style in a free form, and must contain:

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

If you file a complaint online, then the site will have all the required fields to fill out.

Often people are interested: is it possible to send a complaint to the labor inspectorate anonymously? No, you cannot, such a complaint will not be considered.

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

Step number 3. Submit a complaint and await review. If you send a complaint by mail - it is advisable to do this with a return receipt - so you will know for sure that the letter has been delivered to the addressee and count down the response time. Consideration of a complaint can take from several days to a month, and in rare cases up to two months (if, for example, an inspector needs to travel to another region). It all depends on the nature of the complaint and how it was filed. Each complaint is submitted to a specific inspector for consideration, who studies it, makes a decision, agrees with the management and gives an answer.

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

Please note that if it happens that your issue is already resolved during the period of consideration of the complaint, then you have the right to withdraw your complaint. True, if it indicates serious violations, an inspection at the enterprise can still be appointed, they just won’t notify you about the consideration of the issue.

What answer will the labor inspectorate give?

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

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

When can a complaint to the labor inspectorate be rejected?

Consider the most common reasons why a complaint to the labor inspectorate may be rejected:

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

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

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

1. Appeal the response of the inspector who reviewed your complaint with his/her immediate supervisor.
2. Contact professional lawyers in the field of labor law, who will help to draw up a complaint more professionally and will accompany its consideration.
3. Complain about the labor inspectorate to a higher organization. For example, you filed a complaint with the regional labor inspectorate, it was unreasonably rejected - you complain to the central or higher organization - the Ministry of Labor and Social Protection.
4. Complain about an employer tax authorities, If we are talking about tax evasion (black or gray salary).
5. File a lawsuit against your employer.

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

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

The applicant was accepted for the position of sales consultant in the organization. The applicant was fired own will. However, until now, the applicant has not been paid wages and has not been issued a work book. The applicant asks to consider this complaint on the merits. Restore the violated rights of the applicant and hold the perpetrators accountable.

To the State Labor Inspectorate
G. _________,
address: ______________________

____________________________
address: ______________________

COMPLAINT
On ___________, I, ___________, was hired as a sales consultant in the spare parts department of ________ LLC, about which an entry was made in work book, and is confirmed by an employment contract dated _________, from official salary in the amount of _________ rubles.
After the conclusion of the employment contract, official duties I did it in good faith. For the entire period of implementation of their job duties any remarks on the work and disciplinary action did not have. Nevertheless, my rights were violated by the employer.
So, by order of ________, I was dismissed of my own free will. However, until now, I have not been paid wages and have not been issued a work book.
In accordance with Article 140 of the Labor Code of the Russian Federation, upon termination of the employment contract, payment of all amounts due to the employee from the employer is made on the day the employee is dismissed. If the employee did not work on the day of dismissal, then the corresponding amounts must be paid no later than next day after the laid-off employee presents a demand for payment.
In accordance with Art. 140 of the Labor Code of the Russian Federation, on the day of dismissal, your company must pay all the amounts due to me from the employer, including wage arrears.
To date, salary arrears for ___________ years is __________ rubles.
To repeated requests for payment of debts during the work period, the employer receives rude answers, which can be considered as an unreasonable refusal to pay the dues due to me. Money.
I believe that the actions of ________ LLC are aimed at violating my rights guaranteed by Art. 21 of the Labor Code of the Russian Federation, and for failure to comply with the law assigned to you, Art. 22 of the Labor Code of the Russian Federation, duties.

So, in accordance with Art. 21 of the Labor Code of the Russian Federation, an employee has the right to:
conclusion, amendment and termination of an employment contract in the manner and on the terms established by the Labor Code, other federal laws;
timely and in full payment of wages in accordance with their qualifications, complexity of work, quantity and quality of work performed;
full reliable information about working conditions and labor protection requirements at the workplace;
protection of their labor rights, freedoms and legitimate interests in all ways not prohibited by law;
resolution of individual and collective labor disputes, including the right to strike, in accordance with the procedure established by the Labor Code and other federal laws;
compensation for harm caused to him in connection with the performance of labor duties, and compensation for moral damage in the manner prescribed by the Labor Code, other federal laws.
In turn, in accordance with Art. 22 of the Labor Code of the Russian Federation, the employer is obliged:
comply with labor legislation and other regulatory legal acts containing labor law norms, local regulations, terms of the collective agreement, agreements and employment contracts;
provide workers with equal pay for work of equal value;
pay in full size wages due to employees within the time limits established in accordance with the Labor Code, the collective agreement, the rules of the internal work schedule, employment contracts;
compensate for harm caused to employees in connection with the performance of their labor duties, as well as compensate for moral damage in the manner and on the terms established by the Labor Code, other federal laws and other regulatory legal acts Russian Federation;
perform other duties stipulated by labor legislation and other regulatory legal acts containing labor law norms, a collective agreement, agreements, local regulations and labor contracts.
I want to note that the legislation provides for liability for violation by the employer of the rights of the employee.
According to Art. 142 of the Labor Code of the Russian Federation, the employer and (or) authorized by him in in due course representatives of the employer who have delayed the payment of wages to employees and other violations of wages are liable in accordance with the Labor Code and other federal laws.
In accordance with Art. 236 of the Labor Code of the Russian Federation in case of violation by the employer due date payment of wages, vacation pay, dismissal payments and other payments due to the employee, the employer is obliged to pay them with interest ( monetary compensation) in the amount of not less than one three hundredth of the refinancing rate of the Central Bank of the Russian Federation in force at that time from the amounts not paid on time for each day of delay starting from the next day after the established payment deadline until the day of actual settlement inclusive. The amount of monetary compensation paid to an employee may be increased by a collective agreement or an employment contract. The obligation to pay the specified monetary compensation arises regardless of the fault of the employer.
According to part 1 of Art. 145.1 of the Criminal Code of the Russian Federation, non-payment of more than two months of wages, pensions, scholarships, allowances and other payments established by law, committed by the head of an organization, by an employer - an individual out of mercenary or other personal interest, is punishable by a fine in the amount of up to one hundred and twenty thousand rubles or in the amount of wages payment or other income of the convicted person for a period of up to one year, or by deprivation of the right to hold certain positions or engage in certain activities for a term of up to five years, or by deprivation of liberty for a term of up to two years.
In accordance with Art. 362 of the Labor Code of the Russian Federation, heads 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.
In accordance with Art. 419 of the Labor Code of the Russian Federation, persons guilty of violating labor legislation and other acts containing labor law norms are subject to disciplinary and material liability in the manner established by the Labor Code and other federal laws, and are also subject to civil, administrative and criminal liability in the manner established by federal laws.
In accordance with Article 352 of the Labor Code of the Russian Federation, one of the main ways to protect the labor rights and legitimate interests of employees is state supervision and monitoring compliance with labor laws.
According to 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 in all organizations in the territory of the Russian Federation is carried out by the bodies of the federal labor inspectorate.
State supervision over compliance with the rules for the safe conduct of work in certain industries and at some industrial facilities, along with the bodies of the federal labor inspectorate, is carried out federal authorities executive power for supervision in the established field of activity.
In accordance with Article 356 of the Labor Code of the Russian Federation, in accordance with the tasks assigned to them, the bodies of the federal labor inspectorate exercise the following main powers:
carry out state supervision and control over compliance in organizations with labor legislation and other regulatory legal acts containing labor law norms, through inspections, examinations, issuance of mandatory orders to eliminate violations, bringing the perpetrators to justice in accordance with federal law;
receive and consider applications, letters, complaints and other appeals of employees about violations of their labor rights, take measures to eliminate the identified violations and restore violated rights.
Based on the foregoing, guided by the legislation of the Russian Federation, in particular Article.Article. 21, 22, 140, 142, 234, 236, 237, 362, 419 of the Labor Code of the Russian Federation, art. 151, 1099-1101 of the Civil Code of the Russian Federation, part 1 of Art. 145.1 of the Criminal Code of the Russian Federation,

1. Consider this complaint on the merits.
2. Based on the facts indicated by me, check LLC “__________” (legal address: _____________________________; actual address: _________________________________ CEO- ___________), restore my violated rights and hold the perpetrators accountable.
3. Respond to this complaint as soon as possible.

Applications:
1. Copy of claim
2. Copy of the employment contract

" " ________________G. ___________/_____________/

According to statistics, every fifth citizen of Russia faces violations of the Labor Code and discrimination in the field of labor law. The law provides that citizens have the right to report non-compliance with labor laws to the Federal Labor Inspectorate.

The possibility of filing a complaint with state bodies is carried out both individually and collectively. Let's look at the cases in which a claim is allowed and what a sample collective complaint to the labor inspectorate looks like.

You should contact the FIT if a citizen has witnessed violations by the employer, or experiences discrimination personally. The main cases in which you should file a complaint with the Federal Labor Inspectorate:

Additional Information

The time for processing the application and reporting the results is thirty days, regardless of the method of its transmission. If the claim does not fall within the competence of the Inspectorate, then it will be transferred to another body for consideration. Then, within 7 days after registration, a notification of redirection of the application will be sent. You need to know that the inspection may not consider the application if it contains direct threats or insults.

• During employment, the employer violated the registration procedure. If the employment contract does not contain information on the amount of salary, additional payments and the conditions for receiving them, then this will become the basis for applying to the FIT. It is important to note that the employer is not entitled to issue probation pregnant women;
• At labor activity various types of discrimination were applied to the citizen:

1. Refusal to grant leave;
2. Wages were not paid on time and not in full. There are debts on payments;
3. Compensations provided for by the Labor Code (vacation, sick leave) were not paid;
4. An employee is forced to work overtime on weekends or is transferred to a workplace that does not meet established standards.

1. The citizen was not promptly notified of the dismissal or reduction;
2. After termination of the employment contract, all due payments were not made;
3. The last working employee did not receive a work book.

Reporting violations is allowed not only while working in the organization, but also after dismissal. If a citizen is denied employment on illegal grounds, then you should also contact the FIT authorities.

The possibility of contacting the labor inspectorate is limited to 3 months from the day the employee learned about the violation. For disputes relating to dismissal - the period is 1 month from the date of receipt of the documents.

If you are late to go to court (a period of 1 month is given), the employee can safely write a statement to the labor inspectorate against the employer about the legal violation that has taken place. Even if the case is in litigation, the GIT can also conduct an investigation.

You can file a complaint in the following ways:

• Personally visit the FIT and transfer the claim to specialists. It is important to make a statement in duplicate in advance. Documents proving the fact of an offense on the part of the employer (copy of the employment contract, reports) can be attached to the complaint;
• Use the services of the Russian Post. It is important to send a letter with a notification and an attachment with an inventory. Then FIT specialists will check the availability of documents with the inventory and confirm receipt;
• Visit the official FIT website and fill out the electronic form.

Employees of the Labor Inspectorate process the application within 30 days and, upon completion of the inspection, notify them of the results. If the complaint does not fall within the competence of the FIT, then it will be transferred to another competent authority for consideration within seven days after registration. Citizens receive a notification about the redirection of the application. It is important to note that FIT specialists will not review a claim that contains threats or insults.

The video shows what can state inspection labor

Advantages and features of filing a collective complaint

Important advantages of a collective complaint to the employer are:

• The weight of the claim, due to the greater objectivity of the team in comparison with the subjective point of view of one employee;
• The mass nature of the complaint, capable of attracting the media or social consequences in case of failure to resolve the problems identified in the claim;
• Absence of contradictions in the assessment of the actual problem.

According to Federal Law No. 59, there are no serious requirements for filing a collective complaint. When writing a claim, it is important to adhere to the following principles:

• All applicants must agree with the content of the collective complaint;
• In the upper right corner, you must specify the personal data of all applicants. Information about date of birth, position, e-mail address is optional;
• The first part of the complaint must contain specific facts indicating mass violations of labor rights. In addition, it is necessary to indicate the motives according to which the applicants consider their rights violated;
• The second part of the complaint must contain a list of the claims made by the applicants;
• At the end of the document, it is necessary to affix the signatures of all applicants along with a transcript;
• The document must reflect the contact person authorized by the applicants to file a complaint.

The claim must include the following information:

• The header of the document contains:

1. The name of the organization to which the complaint is filed;
2. Position and full name of the head of this organization;
3. Full name of the person representing the interests of the team.

Attention: If the sender's coordinates (address, last name) are not included in the complaint, then it is not considered.

If, as a result of an inspection by FIT employees, offenses are found, the employer will be issued an order to eliminate the violations as soon as possible. If the manager does not take appropriate action or the violations are serious, then the employer will be filed statement of claim to court.

Do you have any questions? Ask them in the comments to the article

Application to the labor inspectorate - when should I write it? 4 good reasons + how the labor inspectorate works + a sample application + 3 ways to transfer a document + 5 steps for submitting an online application.

The integrity of the employer is the main stumbling block in many legal cases. A person who works day and night is entitled to stable wage payments, and if there are problems with this issue, contact the labor inspectorate.

The legislative framework of the Russian Federation provides for a number of measures that can influence the employer and resolve the issue as soon as possible.

Today we will look at how to write and submit an application to the labor inspectorate, as well as how exactly such cases are considered in legal aspects.

What is the job of the labor inspectorate?

Labor laws are aimed at supporting employees throughout the country, but in order to comply with them, a special department is needed that will be able to resolve labor disputes between the employer and the employee from the enterprise. In order for 2017, such a body is the labor inspectorate.

The Labor Inspectorate is a department subordinate to the Ministry of Labor of the Civilian Population of the country.

Any head of an enterprise that has official registration is obliged to comply with the decisions that are made by the labor inspectorate in full. If your employer conducts an unofficial type of activity, you should write an application to resolve the issue already in the prosecutor's office or tax office.

What does the labor inspectorate do?

• makes raids, both on public and private facilities, in order to identify offenses related to the labor activity of employees;
• considers cases related to accidents that took place at the enterprise;
• regulates the issue of social payments, which mainly include benefits;
  supervises the work of the guardianship departments of enterprises that deal with citizens with physical / mental problems;
• deals with the resolution of labor disputes written on behalf of the team (only for state institutions);
• testing working conditions;
• analyzes the legal norms of employees on labor protection at enterprises.

The main purpose of the labor inspectorate– consideration of applications of employees and taking measures to resolve them in a pre-trial order. In addition to the main areas of work, the labor inspectorate also resolves other issues related to employee-employer relations.

The official body that represents the interests of the inspectorate is Rostrud.

In what cases does a person write an application to the labor inspectorate?

Before the labor inspectorate directly deals with the issue, the application is considered special department – labor dispute committee. If in the process of work a solution was not found that satisfies both sides of the conflict, the labor inspectorate directly enters into work, which is engaged in scheduled / unscheduled inspection of the enterprise where the employee works / worked.

IN legal aspect, all actions of this body are based on Labor Code Russia (https://www.consultant.ru/document/cons_doc_law_34683). You can see detailed information on the cases in which a person can write an application to the labor inspectorate in the table below.

Legal aspects of filing an application with the labor inspectorate:

Rostrud, as one of the control bodies from the labor inspectorate, is obliged to respond to each employee's statement and resolve the issue as soon as possible.

The threat of filing an application with the labor inspectorate can stimulate the employer to pay wages, since an unscheduled inspection can bring much big problems rather than saving money on a few employees.

In addition to punishments for non-payment of wages, an employee can write a statement if one of the 3 following reasons occurs:

Error in the amount of compensation after dismissal.

When an employee leaves work due to dismissal, he receives a full payment from the accounting department along with compensation. If this amount is too small or not available at all, you have the right to write an application to the inspection.

The result will not be long in coming: it will be possible to receive compensation within 10-15 days from the date of application.

Denial of allowance.

Social benefits are a very important source of income for privileged categories of citizens of the Russian Federation. Individual entrepreneurs, and sometimes state structures, try to save on benefits and do not provide payments in full, or refuse to accrue them at all.

In the event of such situations, you should immediately submit an application to the labor inspectorate for consideration.

Vacation denied.

According to the current legislation, each employee has the right to leave after 6 months of uninterrupted work. Many private organizations ignore this right, explaining this by high workload.

The incentive may be a bonus, but keep in mind that 2-3 years without a vacation can have a very negative impact on the psychological state of a person.

Having in order to solve one of the above issues, you can safely send an application to the labor inspectorate. A timely appeal will save you from unreasonable oppression from the leadership and provide an opportunity to clarify the situation in the legal field.

How to write an application to the labor inspectorate?

For citizens of the country, the legislation does not establish a unified form of appeal to state bodies in writing, therefore each person draws up an application independently.

In order not to be refused due to illiteracy in drafting the document, we have prepared a couple of tips for you that will help you work correctly not only with the application to the inspection, but also with other official documents.

General set of rules:

• use business language in writing the text and describing the situation that has arisen;
• omit jargon and obscene language - they can lead to a refusal to consider the application;
• any statement must contain the signature of the originator;
• The heading of the document must contain the main information about state structure where it is headed;
• do not forget to indicate the return contact details for communication;
• if the application contains any additional papers, attach them to the document.

Adhering to these simple tips, you will be able to draw up a quality statement that will not pass by the eyes of the labor inspectorate.

1) What are the submission options?

To date, employees have several methods of submitting an application to the inspection. Depending on the level of employment, as well as the work schedule (many agencies work at the same time as the state inspection department), a person can decide for himself which option suits him best.

There are 3 main methods of applying.

Method number 1. Personal visit.

In 90% of cases, large settlements have 1-2 inspection departments capable of receiving visitors and consulting on a question of interest to them.

It is very important to use a personal visit if you are not completely sure that you are right - professionals will be able to advise you and help you decide on applying for an employer.

What documents to take with you:

• identification;
• a copy or original of the employment contract;
• documentary evidence that can tip the scales of justice in your favor;
• management orders that are directly related to your purpose of writing the application.

Sitting down at the table and taking a sample from a consultant, writing the correct application will not be difficult. But if there is no desire to do it on the spot, we will describe in detail the procedure for compiling it at home below. After transferring the completed document to the employee, you will receive a spine confirming the action taken.

Method #2. Sending by mail.

The compilation algorithm does not differ from other options - only the finished application will need to be sent to the recipient not personally, but through mail services. If additional papers are attached to the letter, make an inventory of them and attach them to the application itself.

When sending by mail, it is better to use not original papers, but their certified copies - this will help to avoid problems if the letter is suddenly lost on the way.

Most best way sending documents - ordered letter with delivery confirmation. You will have a coupon with a serial number in your hands, which will allow you to track the package all the way to the labor inspectorate.

After receiving and considering the case, one of the employees of the state body will contact you and discuss the details of resolving the issue of interest.

Method number 3. Online application.

The official website of Rostrud provides network users with the opportunity to electronically submit an application to the labor inspectorate.

The advantages are obvious - by devoting 30-40 minutes of personal time, a person can, without leaving home, send an application to the appropriate authority and receive a comprehensive answer within 1-2 business days. We will discuss this method in more detail below.

Whichever option you choose, everywhere you will need skills in preparing an application. And if during a personal visit, it is possible to fill out a document together with a consultant, then doing this at home, a person may encounter certain difficulties.

2) Sample application to the labor inspectorate.

So that you can fill out the application at home, we have prepared a sample for you with a ready-made practical example situations of non-payment of wages to an employee. The reason may be different - it all depends on the situation in which the employee of the enterprise finds himself.

The official statement in its structure contains 4 main parts, without which, its consideration by the labor inspectorate is impossible. Correct compilation each of them will simplify the review procedure for employees government agencies and increase the speed of business progress.

4 elements of the document, how to write an application to the labor inspectorate:

1. A cap. Contains the main data on the labor inspectorate or authorized person who will receive your application.

   If this is a department, it is enough to write the postal address of the institution. If the recipient is an individual, in addition to the standard data, write the full name. and the person's position.

2. Name. Regardless of the purpose of your request, you should always adhere to well-established standards in the submission of documents to official control bodies and write the word “Statement” in the table of contents.
3. Content. The body of the application must contain the most important information regarding the case.

   The description should include:

   • detailed information about the employer;
   • accurate data on the concluded employment contract + the current position of the employee in the organization;
   • date of issue of wages together with the period of delay;
   • how much the employer owed the employee and what measures the person took to get the money.

   State the requirements of the case in as much detail as possible, indicating all the nuances. When writing an application from 2-3 people at once (collectively), the amount of debt is described for each to an individual in a separate order.

Don't forget to cite articles from legislative framework, thereby confirming his words in the legal field.

4. Conclusion. Contains the signature of the applicant(s), as well as the date on which the current application was made by the individual.

Following the structure described above, you can draw up a document yourself, using a sample application to the labor inspectorate as visual material.

How to write an application to the labor inspectorate online

Why make a lot of unnecessary gestures when you can send an application to the inspection while sitting on the couch at the laptop monitor? This service has only recently begun to operate, but the news about the new features of the Rostrud service quickly spread around the Internet.

We decided to describe the step-by-step algorithm of this procedure and pay attention to the nuances that may arise when drawing up an online application.

There are 5 steps to follow to apply online.

Stage 1. Reason.

To use the procedure in question, go to the Onlineinspektsiya.rf resource, where on the main page select the section for reviewing issues for employees.

In the section that opens, stop your choice on the item " Report a problem". When hovering over with the mouse, you can see additional information on the issue of writing an online application to the labor inspectorate.

Indicate the category(1) that your question belongs to. The structure of the site will allow you to optimize the search as much as possible and make step by step selection from an initial category to a narrowly focused question (2).

After confirming the reason you are interested in, mark the result (3) that you expect from solving the problem.

Stage 2. Filling in personal data.

Before you start working with the document online, confirm the registration through the public services website. This measure reduces the amount of spam to the labor inspectorate, since only verified citizens can get an account on the public services website.

If desired, the user can familiarize himself with the information that the resource of the labor inspectorate will use - just click on the “? » next to the corresponding item.

After logging into your account on the website of public services, you can continue to work further.

A questionnaire will appear containing three fields to fill out - full name (1) and contact information (address Email and telephone number in international format) (2). For general visibility, the user must fill in two nickname fields, which indicate the data visible to other users.

Stage 3. We draw up an application to the labor inspectorate.

To make the information readable, forms with fields will appear on the site in turn, which will require your attention. Try not to make mistakes when filling out - your information can be used in legally significant documents.

Initially, you should submit information about the individual / legal entity for which the application will be written. Specify the organization or individual (1), then add the address (2). You can show the location either through the standard description or using the Yandex.Maps service.

Next comes the block step by step description accurate data on the employer, including the legal address, the position that you hold in the organization, and brief information by the person himself (1-5). All completed fields are hidden for other users, only an authorized employee of the labor inspectorate will be able to get acquainted with the information.

Finally, we got to the main block, where the user will be able to “pour out his soul” to the inspection workers in a business style and reveal the situation in the most detailed form (1).

If there are additional documents confirming your words, upload them through a special form (2). Data that is not desirable to be made public, enter in the last field (3).

Stage 4. Sending the application.

Please double check your information before submitting. As already mentioned, any inaccuracies can adversely affect the procedure for considering the case, up to the rejection of the application.

On last step indicate which request best suits your goals(1).

Don't forget to explore Terms of use service (2), although many do not like this stage, in this case it is necessary. Press the button "Send" (3) - your application has been delivered to the labor inspectorate and will be reviewed shortly.

Stage 5. Consideration of the application.

Implemented over 30 calendar days since writing. Your case will be reviewed by a separate inspector who, after a detailed study of the facts of the case, will visit employers and conduct an unscheduled inspection.

What will the labor inspector check:

• according to which charter the legal / natural person operates;
• documents containing figures on bonuses and incentives for employees;
• all types of employment contracts of the enterprise;
• accounting reports;
• a list of protocol records for resolving contentious issues within the organization.

The result of the audit is the conclusion of a specialist, drawn up in the form of an act, in which the arguments of the employee are confirmed or refuted that he wrote the application.

If all the information specified in the employee's application was in place - in 10 days the authorized bodies of the labor inspectorate reprimand the case for the management of the organization.

What measures can be taken:

• the requirement to resolve the issue of the employee who sent the complaint within 1 month, after which they report according to the model to Rostrud;
• imposition of a fine if the case is recognized as an administrative violation;
• sometimes the work of the organization is temporarily suspended until the issue is resolved;
• dismissal of a responsible employee from his position + imposition of penalties;
• In rare cases, a criminal case may be initiated.

Measures of restraint against several employees leadership positions can be combined and distributed depending on the degree of guilt of each of them.

When can an online application to the labor inspectorate be rejected?

Lack of personal information.

Anonymous statements are not legally valid unless it is a threat to a person's life. By omitting some personal data on purpose or by accident, or by indicating someone else's, you risk being ignored by the labor inspectorate.

Too much subjectivity.

Such phrases as "I think", "I suppose" and so on, are not documented, have no legal value. In describing the situation, use only reliable facts that have taken place, and which have confirmation.

Illiteracy.

A large number of spelling errors and obscene language with 100% probability guarantee the rejection of your application.

Errors on the server.

Although the labor inspection service runs on stable servers, there is always the possibility of a system failure. After a month has passed and you still haven't received a response to your application, resubmit your application.

Specify Mailbox when filling contact information- such a step will allow you to find out about the status of consideration of your application + will provide an opportunity to get acquainted with the reasons for the refusal, if any.

Is it possible to appeal the decision of the labor inspectorate?

Do not think that the labor inspectorate is always supportive of the injured party. Each case is evaluated objectively, and if the evidence of the guilt of the management, from the point of view of the inspector, is not enough, the result may be a partial or complete refusal to comply with the requirements of the applicant.

To appeal the decision of the labor inspectorate, you must follow 3 steps.

Step #1. Letter to the management of the labor inspectorate.

If you are in no way satisfied with the outcome of the case, you must within 30 days from the date of its announcement write a letter of complaint to the head of the department in your area. Point out questionable points in the decision of the inspector that dealt with your case, and provide your own arguments on this issue.

If your request was granted, we stop; if not, we move to step number 2.

Step #2. Collection of information.

The Inspectorate resolves cases in a pre-trial order, however, when appealing, it is impossible to do without the participation of this authority. Collect a package of papers that, according to the labor inspectorate, are of a twofold nature and cannot be taken as full evidence of the employer's guilt.

If there is not enough evidence presented, find other arguments that will help defend your point of view in court.

You will know when to contact the labor inspectorate,
and how to complete and submit an application.

Step #3. Submission of documents to the court.

The judicial authorities issue a sample application, according to which you will need to write a request to consider your issue. At the request of authorized persons, submit the previously sent application to the labor inspectorate (or a copy thereof). Together with the application, the documents collected by you on the case are also transferred to the court.

To have a better chance of success, hire a lawyer or at least consult. After payment of the state fee, a date for the consideration of the case will be set. The average waiting time before a final court decision is issued does not exceed 1 month from the start of proceedings.

Application to the labor inspectorate– the fastest way to get a solution to the problem without lawsuits. A properly drafted document will speed up the application process and provide a better chance of success.