Where to file a labor dispute. Labour Inspectorate

Many employees of enterprises and small firms are faced with the fact that their employer violates labor laws. And although these norms are prescribed by law, in practice they are often violated flagrantly and with impunity. For example, the head of an enterprise did not conclude an employment contract with a person or did not give a second copy of it to the employee. And this is just one such case.

But an offended employee can appeal to higher authorities if the employer grossly violated labor legislation. Most often they do not do this, and everything comes from ignorance of their rights and obligations, which are established by law. With all this, it is best for a person to get advice from an experienced lawyer, because any appeal to higher organizations will require correctly filling out and collecting all the necessary documents.

Article 352 of the Labor Code of Russia provides for an employee’s appeal in case of violation of his rights by the employer to the following departments:

1. Federal Labor Inspectorate;
2. trade union organization;
3. commission for individual labor disputes;

How to contact the Labor Inspectorate?

If a person working in a particular organization encounters a violation of his legal rights, he can write a complaint, statement or appeal to the above department. All necessary documents must be attached to the application. These documents will serve as the basis for conducting inspections at the enterprise to determine and confirm the employer’s violation.

After determining a violation of labor legislation by the employer, representatives of the Labor Inspectorate draw up an order obliging the head of the organization to eliminate the violations. If violations are not identified within a specific period, information about this is sent to the executive authorities. They can also draw up a protocol on an administrative violation to influence the employer.

We contact the Trade Union bodies

If the employer has ignored the above document, then the Trade Union has the right to submit the relevant documents to the executive bodies. There they will consider the identified violation and determine the punishment for the negligent manager.

How to contact the labor dispute commission?

If the decision is not implemented, the employee is given an enforcement certificate, which must be taken to the bailiff to force the employer to comply with this document.

In what cases should you go to court?

After the death of the testator, a certain right to inherit property is formed by those persons who are specified in the will and are also in normal condition on the day...

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

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

Salary

Dismissal

Working conditions and comfort in the workplace

Work without official registration

Employer's liability

Employee Responsibility

Working time and rest time

Occupational Safety and Health

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

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

State Labor Inspectorate:

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

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

How to complain to the labor inspectorate

1. Find out where to complain.

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

Addresses of territorial bodies of the Federal Service for Labor and Employment are posted on the website http://www.rostrud.ru/

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

2. Choose a method of contact.

You can file a complaint:

Personally;

By registered mail;

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

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

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

Is it possible to complain anonymously?

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

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

You will still have to indicate your data in the application - anonymous complaints remain without consideration for completely legal reasons. But no one in the team will know who complained to the labor inspectorate.

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

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

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

3. We write an appeal.

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

What must be included in the application:

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

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

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

4. Submit an application.

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

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

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

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

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

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

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

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

You should know!

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

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

Do not write a letter of resignation “of your own free will.” Even if the director really asks. Give in to persuasion - management, with a clear conscience, will deprive you of part of the mandatory compensation in the event of a layoff. No one can fire you without compelling reasons provided for by labor law.

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

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

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

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

Even if the labor inspectorate does not see a violation of the law in the employer’s actions, the department will send a response. In it, the inspector who conducted the inspection will justify his decision.

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

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

Code of the Russian Federation. And systematic and gross violations by the employer must be accompanied by employees’ appeal to the relevant regulatory authorities.

In this article we will try to answer the following questions: what is considered a violation of workers' rights? What penalties can be applied to an employer who violates the rights of his subordinates?

What can be considered a violation of an employee’s labor rights?

The following may be considered a violation of an employee’s labor rights by the employer:

• exceeding one's official powers, which can be expressed, for example, in forcing an employee to perform work that is not included in the list of his job responsibilities;

This may also include disrespectful communication, shouting, exerting psychological pressure, forcing people to work overtime, etc.

• disrespectful attitude towards an employee's work(“prolonged” internship without pay, unreasonable removal from work, fines);
• causeless;

Read about what to do if you want to be fired.

This also includes constant non-surcharges, deductions, fines, and deprivation of well-deserved bonuses.

• non-contractual form of cooperation;

When an employer hires an employee first as a trainee, promising to subsequently conclude an employment contract. However, this never happened.

• refusal to provide sick leave, vacation or time off;
• other unlawful actions or inactions of the employer, creating a negative working atmosphere for the employee’s work;

Where to contact?

If an employer violates an employee’s labor rights, contact one of the following authorities:

• Law enforcement agencies (prosecutor's office);
• Judicial authority;

When contacting one of the listed authorities, the employee drawn up in any form or based on the established form.

Collective complaints (submitted by a group of employees), rather than individual complaints, are considered the most effective.

Read about the procedure for resolving collective labor disputes.

Let's consider appealing to each of the authorities separately.

Labour Inspectorate

If the employee fails to resolve the violation of his labor rights during peaceful negotiations with the employer, then the next step will be.

The responsibilities of labor inspectors include:

• Monitoring compliance with the current standards of the Labor Code of the Russian Federation;
• Assignment of liability for violation of current norms of the Labor Code of the Russian Federation;

When contacting the Labor Inspectorate, the employee must

You can make a complaint either in any form or according to the established form by downloading it on the Internet.

You can contact the Labor Inspectorate either in person, by filing a written complaint, or through the official website of the territorial division of the Inspectorate. In addition, you can call TI using the hotline number listed on the website.

The completed complaint can be delivered to the Labor Inspectorate in one of the following ways:

• Personally;

Contacting the Inspectorate in person will not speed up the process of considering the complaint. Therefore, you should choose this method of delivering an application only if you want to consult with Labor Inspectorate employees on some labor issues.

• By post;

The complaint must be accompanied by documents confirming the labor violations listed in the complaint. Otherwise, the complaint will not be considered.

The period for studying the complaint is thirty days (starting from the date of receipt of the application).

The complaint must contain the following information:

• The name of the organization whose leader is accused of violating labor rights;
• Details of the manager himself (full name, position held);
• Details of the applicant (full name, position);
• Description of the reason for filing the complaint with legislative references (articles of the Labor and Civil Code);
• A list of documents attached to the complaint confirming the violations described;

If employees approve the complaint, the organization against which it was filed will be subject to a surprise audit. If the violations specified in the complaint are detected, the employer will be subject to such “punitive measures” as temporary suspension from the performance of his official duties, an administrative fine, etc. The employee's rights, on the contrary, will be restored.

Employees of the Labor Inspectorate do not often undertake to “do justice” and, if the situation is ambiguous, they refer the case to court.

However, if the Labor Inspectorate refuses, you should not immediately go to court. Before doing this, you should contact a law enforcement agency - the prosecutor's office.

Contacting the prosecutor's office

The Prosecutor's Office, as well as the Labor Inspectorate, monitors compliance with the labor rights of the employee by the employer.

All grounds for issuing such an order are stated in Article 122 of the Civil Procedure Code of the Russian Federation.

An important condition for issuing such an order must be the employer’s recognition of the violation of the employee’s rights.

The advantage of a court order compared to a lawsuit is the shorter time frame for resolving the situation due to the absence of court hearings and the need to collect a huge evidence base.

After filing an application for a court order, a decision is made within five days. If the application is satisfied, the completed resolution is sent to the offending employer. At this point, the employer can appeal the order. If he does not do this, then the order is considered to have entered into force.

The responsibility for executing the order falls on the shoulders of the bailiffs. As a penalty, the employer may be required to:

• Upon payment to the employee of wages, a multiple of three months’ earnings;
• Restore the employee’s rights that have been violated;
• Other measures;