Collective letter to the labor inspectorate sample. What is important to consider

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 in collective form. Let's look at the cases in which a claim is allowed and how a sample of a collective complaint looks like in labor inspection.

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 workplace which does not meet the established standards.

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

It is allowed to report violations not only while working in the organization, but also after dismissal. If a citizen is denied employment for 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 explains what the state labor inspectorate can do

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 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

An organization that protects the rights of citizens in part labor relations and provides the parties to the employment contract with information about existing regulations, is called the labor inspectorate. Any dispute based on violations of Russian labor law can be resolved if the complaint against the employer to the labor inspectorate is justified and filed in accordance with all the rules.

Where can I file a complaint against an employer?

The answer is unequivocal - you need to complain to the labor inspectorate.

The Labor Inspectorate is the very body of state supervision that can help you. He exercises control over the implementation of the norms and rules of the Labor Code of the Russian Federation in each individual organization that conducts its activities officially and in accordance with the laws of the Russian Federation.

If you work in an organization that is not registered in any way, conducts its activities illegally and, accordingly, you are not listed in it in any way, then you can apply with claims to the procurator or to the Ministry of Internal Affairs.

Private and collective complaints to the labor inspectorate

An application to the territorial body of the state labor inspectorate (hereinafter referred to as the GIT) can be sent by any citizen whose rights have been infringed. You don't have to be an employee to do this. For example, this may be a person who has already terminated an employment contract or one who, in his opinion, has been unfairly denied employment.

You can also write a complaint to the labor inspectorate collectively - this will add weight to the statement, as it will reflect the opinion of several people at once.

Anonymous complaint to the labor inspectorate

Attention: anonymous applications are not accepted by the inspection. But, if the employee is afraid of harassment or prejudice from the manager, how to complain to the labor inspectorate and not harm your career? You should be aware that the state inspector must keep secrets protected by law if the applicant himself objects to its disclosure.

What does the labor inspectorate check?

If, on the basis of a complaint, an inspection is carried out by the labor inspectorate, what is checked and what events can provoke it depends on the nature of the violations.

It could be:

• delay or non-payment of wages, compensation (estimated) payments upon dismissal;
• violation of the work schedule or vacation schedule, failure to provide breaks in work for rest;
• cases of industrial injuries, non-compliance with the norms of safe work;
• incorrect calculation of sick leave payments, other insurance payments;
• non-provision of a position stipulated by the TD (employment contract) or provision of a position that does not correspond to that specified in the contract, other violations of labor rights.

Powers of the Labor Inspectorate

GIT has the right to perform the following functions:

• control over the strict implementation of labor legislation;
• consideration of cases and drawing up protocols (within the powers) on violations of an administrative nature;
• issuing instructions on the need to eliminate offenses, preparing various documents to bring violators to justice;
• sending the collected information to the executive regional authorities, to the courts, law enforcement agencies.

Contacting the Labor Inspectorate

Deadlines for filing and consideration of a written complaint

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.
In confirmation of receipt of the complaint, the inspector must endorse the applicant's copy. He must respond to the complaint filed within 30 calendar days. The response time may be increased if there are good reasons for this, about which the applicant must be warned. The response is sent to the address (electronic or postal) indicated in the appeal.

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

Ways to File a Complaint

A person has the opportunity to choose how to complain to the labor inspectorate about the employer, in a convenient way for him:

• Visit the territorial branch of the GIT;
• Use the mail service and send an appeal by registered mail;
• Fill out the online form on the official website of the labor service and attach Required documents in in electronic format online — //onlineinspection.rf/problems

How to contact the inspectorate

How to write to the labor inspectorate against the employer and where to start:

1. Determine the address of the inspectorate responsible for your employer (as a rule, the division occurs territorially), and if you small town, then GIT - 1 per city;
2. Draw up a complaint that will contain full information about violations of legal rights;
3. Attach copies of documents confirming the identity, as well as the stated facts;
4. Use our convenient submission form.

How to write an application to the labor inspectorate (sample)

There is no unified application form, but it must be drawn up in such a way that the information it contains can reflect the current situation. Consider the data that should be indicated in the complaint:

• Name of the territorial body of the labor inspectorate, full name her leader, position.
• The full name of the complainant;
• Applicant's address for receiving a response;
• Name and address of the worker's establishment;

The explanatory part states:

• Position of the applicant, date of acceptance / dismissal from work (if these events took place)
• Facts and arguments that directly indicate a violation of labor legislation, the result of an appeal to the manager and attempts made to resolve the issue;
• Expressing your point of view on options for solving the problem;
• Date of application, signature.

The complaint specifically indicates the detailed circumstances, dates, names of the citizens involved in the violation of the law, and also refers to documents (copies must be attached to the application) that are important for the consideration of the case. For example, an application to the labor inspectorate about non-payment of wages will contain information about the planned and actual date of payment of wages, methods of calculation. Only the facts are indicated, without a description of events that are not relevant to the case. Copies of documents confirming the identity of the applicant, hiring or dismissal from work, etc. are attached to the complaint. A sample application to the labor inspectorate can be viewed and downloaded for review.

Consequences of considering a complaint

As a result of your complaint, an act is drawn up at the end of the investigation. If the facts are confirmed, the employer faces the following consequences - the GIT has the right to respond as follows:

• issue an order for further elimination of offenses;
• draw up a protocol (within the framework of authority) on violations of an administrative nature;
• remove from work an employee or staff of the organization;
• prepare documents on bringing violators of labor law to justice;
• provide relevant information to local authorities, law enforcement authorities, to the court;

If you write a complaint to the labor inspectorate against the employer for violations that are not within the powers of the GIT, then within one week it will be sent to the authorities that deal with these issues. In this case, the applicant is notified of the redirection of the appeal.

After studying the circumstances of the case, the applicant is sent a written response on the results of the verification. It provides an explanation of whether the facts of the violation have been confirmed, and what measures have been taken in relation to the head. If it is not possible to solve problems within the competence of the labor inspectorate, then the options are explained to the citizen further action provided by law to restore his rights. The results of the audit can be used as an argument in court.

Citizens have the right to challenge the decision by filing a complaint with the higher management of the State Inspectorate or by applying to the prosecutor's office and the court. If the applicant was not satisfied with the complaint to the labor inspectorate against the employer, a sample document for applying to higher authorities to recognize the decision of the GIT as illegal can be downloaded here.

Lawyer of the Board of Legal Protection. He specializes in administrative and civil cases, indemnification by insurance companies, consumer protection, as well as cases related to the illegal demolition of shells and garages.

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Hello. In this article, we will tell you how to properly file a complaint with the labor inspectorate.

Today you will learn:

1. Where to complain if working conditions are violated;
2. How is a complaint made and filed?
3. What are the deadlines for consideration set by the state;
4. What to do if your request goes unanswered.

Complaint to the labor inspectorate

Often at work, disagreements can arise both on the part of the manager and the subordinate. When it is not possible to resolve the dispute on their own, the employee files a complaint with the appropriate authority. The State Inspectorate for Labor Protection is the place where applications from employees are accepted.

Labour Inspectorate - This is a state body whose main task is to exercise strict control over the observance of labor protection in all enterprises.

Every employee, regardless of position, can ask for help when:

• Agreed with the terms of the contract, signed everything, but did not receive the corresponding job;
• The workplace is not intended for work and provided in violation of working conditions;
• Not received wages in the agreed amount;
• The boss forbids taking breaks for legal rest and lunch during working hours.

Do not wait for the employer to come to their senses and fix everything. Everyone should be able to defend their rights.

The activities of the labor inspectorate are as follows:

Scheduled checks

If you were not paid full compensation on the last business day;

It is also worth noting that you can prepare collective complaint. In the second case, it is necessary to list all employees and give everyone the opportunity to sign and decrypt.

1. Preparation of related documentation.

In order for the labor inspectorate to understand that your appeal is not empty words, you will need to prove your case.

As related documentation, you will need:

• Application with a mark on the refusal to leave. This option is useful if the employee was denied annual paid leave or forced to spend it at his own expense;
• Statement from the bank. If you have made a complaint about non-payment of wages, then an extract is great way confirmation that wages were paid late, or not in full. You will also need a copy of the employment contract, which spells out all the obligations of the employer related to remuneration;
• Labor contract. This option is useful if mistakes were made during the acceptance or dismissal.

1. Sending a package of documents.

Let's see how to file a complaint:

Personally.

You can take the full package of documents in person and give it to the inspector or secretary, to the reception. The only thing worth remembering is that you should have copies of documents on which the accepted party puts the incoming number, his last name and date. If your documents are lost, then you can easily prove your appeal.

By mail.

Documents can be sent by registered mail. In this case, you will need to prepare an inventory.

On the website of the labor inspectorate.

Filling out a complaint in real time is an option that is very popular. No more going anywhere and wasting time. On the site you need to register and leave an application in a special form. All necessary documents can be photographed and attached to the appeal.

Consideration.

The timing of consideration will largely depend on the degree of violation. According to general rules, the answer must be sent as soon as possible, but no later than 15 calendar days.

If it is necessary to conduct an audit, the period can be extended up to 30 days. If you have been fired, then be sure that the appeal will be considered as quickly as possible, within 5-10 business days.

Inspection notice.

The labor inspector must send you a notice if they think an inspection at the facility is required.

Notice may be sent to:

• By sending an SMS message;
• To the registration address by registered mail;
• Email notification.

How to complain anonymously

Many employees do not want to give their details and want to leave an anonymous complaint. But are anonymous submissions accepted? Of course, you can send an appeal, but according to the law, the labor inspectorate may not consider it.

If you want the employer not to know who made the appeal, you can demand complete confidentiality. In practice, everything is done very simply. You prepare all the necessary documents and at the end simply indicate one phrase: “During the verification, I demand non-disclosure of information about the applicant.”

It turns out that you can file an anonymous complaint, only it will be ignored, and you will lose precious time.

Write a complaint online

Since this option is very popular, consider how to write a complaint via the Internet.

When choosing this option, you must be registered on the State Services website.

Contact procedure:

1. Go to the official website of the labor inspectorate;
2. Find information for the employee, in which there will be a section "write an appeal";
3. Select the category of appeal and correctly fill in all the required fields of the application.

In your email complaint, be prepared to provide:

• Completely personal data: full name, phone number, passport details and registration;
• Information about the employer company: full name and details, work phone number, legal address, full name of the director;
• The essence of the appeal: consultation, filing a complaint, scheduled or unscheduled inspection.

In the window that opens, it remains to answer all the questions and send the prepared package of documents. An online complaint is not only quick, but also simple.

Deadline for filing and considering a complaint with the labor inspectorate

If you are faced with a violation of labor, then it is important to consider the time frame within which you can make an appeal. According to the law, you have only 3 months from the moment the violation occurred at work.

If we consider issues related to hiring or dismissal, then the complaint period is much shorter and is only 1 month, from the moment the employment contract is terminated and all documents are received.

30 calendar days are given for consideration of the complaint, from the moment of submission of all necessary documentation. Of course, the time for consideration can be increased, only if there is good reason. The most common reason is due to the need additional material for check.

The response to the applicant will be sent to email address or by regular mail.

What does the labor inspectorate check on a complaint

Upon receipt of a complaint, the labor inspectorate is required to conduct an investigation.

The procedure depends on the circumstances of the case and can be carried out in any way convenient for the inspector:

1. Field check. In this case, a labor service employee comes to the enterprise, without an invitation, and conducts an inspection. Employers do not like this method, but they cannot refuse. The inspector is allowed to:

• Inspect workplaces and determine working conditions;
• Communicate with employees and ask all necessary questions;
• Request the necessary documentation.

If during the inspection violations are revealed, the inspector has every right to:

• Issue a fine, the amount is set for each case on an individual basis;
• Draw up an order for correction, in which the exact terms for correction and the identified violations are indicated.

If serious violations are found during the inspection, the case is referred to the court.

1. Documentation request. This verification option is “more gentle”, since the inspector requests all the necessary documents and studies them in detail. All necessary documentation is sent by courier with an inventory, or handed over personally under the signature of an authorized employee.

What to do if you disagree with the audit or the complaint remains unanswered

What to do if you receive a response about the results of the labor inspection with which you disagree? Do not despair, because according to the law you have 10 days to appeal the answer.

All you need is to send a repeated complaint, with all the necessary documents.

It is also worth considering that an employee can file a complaint with several instances at once, and the decision made by the judicial authority will have priority.

If your request remains unanswered, you can:

1. File a complaint again.

Sometimes a response is not received due to a software failure if the application was submitted via the Internet, or due to a human factor. In this case, you can write a second appeal, and make sure that it has reached the addressee.

1. Seek help from lawyers.

As noted, employees of the labor service may ignore the appeal if it is prepared with violations. Qualified lawyers will help to draw up a complaint correctly, or point out mistakes made.

1. Submit an application to higher authorities.

If lawyers helped you prepare the documents, and copies of the acceptance documents remained on hand, then you can safely contact higher authorities: the procurator or the court. For competent preparation of the appeal, the help of qualified employees will also be required.

Organizations that can help with filing a complaint

Unfortunately, not everyone can competently protect their rights. Many do not know how to file a complaint. In this he can be helped by special organizations in which qualified lawyers work.

You can contact a law firm in person, offices are in most cases within walking distance, or you can choose an organization on the Internet. In the second case, all issues will be resolved remotely.

When choosing an organization, consider:

• Prices for services;
• Company rating;
• Date of commencement of activity (to entrust the case better for a professional, which has proven its reliability and qualifications over the years);

The applicant was accepted for the position of sales consultant in the organization. The applicant was dismissed of her own free 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. _________,
the address: ______________________

____________________________
the address: ______________________

A COMPLAINT
On ___________, I, ___________, was hired as a sales assistant in the spare parts department of ________ LLC, which was recorded in the work book, and is confirmed by an employment contract dated _________, with an official salary of _________ rubles.
After the conclusion of the employment contract, I performed my duties 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.
According to Article 140 Labor Code RF, 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 by all means 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, 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, if the employer violates the established deadline for paying 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 due date of payment 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, failure to pay 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 Those guilty of violating labor legislation and other normative legal acts containing labor law norms are liable in the 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 liability in the manner prescribed by the Labor Code and other federal laws, and are also subject to civil, administrative and criminal liability in the manner prescribed 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 control over 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 on 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 by the federal executive authorities 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. ___________/_____________/

So: complaint to the state labor inspectorate:

To the State Labor Inspectorate in the city of St. Petersburg. 198095, St. Petersburg, Zoya Kosmodemyanskoy street, house 28, letter A.

From: FULL NAME. living ( her) by the address: index, St. Petersburg, street_______________, d.___, apt.__, tel. ___________.

A COMPLAINT

about violation of the rights of the employee

I, FULL NAME., in the period from "____" ______________ 20___ to "____" ______________ 20___ ( either currently), have worked indicate position at _______________ LLC (TIN/KPP: ___________/___________); OGRN: ____________, current account ____________, BIC ____________, legal / actual address: index, St. Petersburg, st. ________________, house ______. For the entire period of my labor activity, the management of _______________ LLC has constantly grossly violated my labor rights, guarantees and interests.

These violations are expressed as follows:

1. I have not received a salary from "____" ______________ 20___ to the present, which is a gross violation of the Labor Code of the Russian Federation. I asked management to give me a salary for the months worked. However, the accountant and the director himself told me that I should write a letter of resignation of my own free will and only in this case I would probably receive my money. They began to exert psychological pressure on me, they forced me to write a letter of resignation of my own free will. This fact is confirmed by the audio recording on the CD attached to the application. In a personal conversation, the accountant of the organization does not hide the fact that the organization is acting illegally, but she herself is afraid of being fired and therefore strictly follows the orders of the director on non-payment of wages, since the company has no money.

"____" ______________ 20___, I submitted a notification to the management of the organization that I was suspending work from 9:00 am "____" ______________ 20___ until my salary was paid on the basis of Article 142 of the Labor Code of the Russian Federation. This statement was ignored by the director.

«____» ______________ 20___ I was called to the company supposedly in order to receive a salary, but I was given a notice of a reduction in the number of employees. However, the severance pay was denied. The payment of severance pay in connection with the reduction in the number or staff of the organization's employees (part 2 of article 81 of the Labor Code of the Russian Federation) is regulated by article 178 of the Labor Code of the Russian Federation. Upon termination of the employment contract due to a reduction in the number or staff, the dismissed employee is paid severance pay in the amount of the average monthly salary, as well as the average monthly salary, for the period of employment, but not more than 2 months from the date of dismissal (including severance pay).

My salary was not paid for the entire period!

All documents confirming the employment relationship: work book, employment contract are stored in _______________ LLC, which is a direct violation of the labor legislation of the Russian Federation. Since my work book is located at _______________ LLC, I cannot get another job.

In accordance with Article 84.1 of the Labor Code of the Russian Federation, on the day the employment relationship is terminated, the employer is obliged to issue a work book to the employee. In violation of the requirements of the above article, they did not give me a work book. Failure to issue a work book to an employee upon dismissal is one of the cases of illegal deprivation of an employee of the opportunity to work. In the event that a work book is not issued to an employee and there is no notification of its being sent to the address of the dismissed employee, the employer, in accordance with paragraph 4 of part 1 of Article 234 of the Labor Code of the Russian Federation, is obliged to reimburse the employee for the earnings not received by him, for the delay in issuing the work book to the employee.

Thus, _______________ LLC (represented by its officials) violated Article 84.1 of the Labor Code of the Russian Federation, and my labor rights and interests were infringed.

2. In accordance with Article 37 of the Constitution of the Russian Federation, an employee has the right to remuneration for work without any discrimination. In accordance with Article 136 of the Labor Code of the Russian Federation, wages are paid at least every half a month per day, statutory internal labor regulations, collective agreement, labor contract. In accordance with Article 84.1 of the Labor Code of the Russian Federation, on the day the employment relationship is terminated, the employer is obliged to make a settlement with the employee.

In violation of the above articles, _______________ LLC systematically delayed and constantly underpaid my salary (paid not the entire salary, but only part of it), there were constant delays. As a result, for the period from "____" ______________ 20___ to the present, I did not receive any wages at all. The employer has a wage arrears in the amount to indicate the full amount of the debt in rubles. When reducing the calculation with me was not made.

Thus, LLC "_______________" (in the person of its officials) violated Article 37 of the Constitution of the Russian Federation, Articles 84.1 and 136 of the Labor Code of the Russian Federation, and also infringed my right to receive earnings guaranteed by the Constitution.

3. In accordance with Article 67 of the Labor Code of the Russian Federation, an employment contract is concluded in writing, drawn up in two copies, each of which is signed by the parties. One copy of the employment contract is transferred to the employee, the other is kept by the employer. The receipt by the employee of a copy of the employment contract must be confirmed by the signature of the employee on the copy of the employment contract kept by the employer.

In violation of the above article, I was not given my copy of the employment contract, and therefore I experience difficulties in filing a lawsuit with a claim for the recovery of wages, as well as for the recovery of compensation for other violations of the employment contract concluded with me. Thus, _______________ LLC (represented by its officials) violated Article 67 of the Labor Code of the Russian Federation, and also infringed my labor rights and interests.

The above are only the most significant violations. The same is true for other workers. In connection with this circumstance, the brewing of the activities of _______________ LLC by the state labor inspectorate is especially relevant.

I believe that the above actions of officials of _______________ LLC fall under Article 5.27 of the Code of Administrative Offenses of the Russian Federation.

I am turning to you for help, because in accordance with the current legislation, the State Labor Inspectorates receive citizens, consider applications, complaints and other appeals of citizens about violations of their labor rights. They exercise state supervision and control over compliance with labor laws. Consider cases of administrative offenses. Carry out checks and investigation of the causes of violations of labor legislation and labor protection. Provide employers with binding orders to eliminate violations of labor and labor protection legislation, to restore violated rights of citizens with proposals to bring those responsible for these violations to justice. disciplinary responsibility or their removal from office in the prescribed manner. Persons guilty of violating the legislation of the Russian Federation on labor and labor protection are brought to administrative responsibility.

Based on the foregoing and in accordance with Art. 84.1, 67, 136, 234 of the Labor Code of the Russian Federation, 5.27, 23.12 of the Code of Administrative Offenses of the Russian Federation, Art. 37 of the Constitution of the Russian Federation,

Ask:

1. Conduct an audit on this complaint and, if violations of the legislation of the Russian Federation are found in the activities of ______________ LLC or officials of this organization, bring the perpetrators to administrative responsibility;

2. Oblige ______________ LLC to restore the violated right by returning my work book;

3. To oblige LLC "______" to pay me wages for the period from "____" ______________ 20___ to "____" ______________ 20___ in the amount of _________ rubles;

4. Oblige ______________ LLC to reimburse me for lost earnings for the period from ____ ______________ 20___ to ____ ______________ 20___ in the amount of _________ rubles for unlawful deprivation of the right to work due to the failure to issue a work book;