How to write a complaint about the work inspection. Sample

Reservoirs 14.10.2019

Reservoirs

Many citizens of the Russian Federation are faced with violations of their authority from the employer. To solve controversial issues related to the legality of the labor process by the management of organizations, labor inspectorate was created. When contacting such an inspection, it is necessary to know that the timing of the possibility of labor disputes is amounting to no more than three months from the moment of detecting an offense.

Grounds for conversion to labor inspection

The current legislation of the Russian Federation provides that in violation of the rights of workers, any person has the full right to appeal to the labor inspection. Since this verifier organ is aimed solely for the resumption of the rights of workers.

Workers of various organizations may apply to the labor inspectorate if labor relations were documen between them and the management of the enterprise. The filing of the complaint to the controlled institution can be carried out in connection with the following reasons:

full or partial salary failure. In this case, the current legislation of the Russian Federation provides for an employer-violators criminal liability;
not the provision of earned leave. The subordinate is entitled to complain to the head, if it does not pay the necessary compensation for not walking vacation;
non-compliance of working conditions that may entail the deterioration in the health of workers;
non-compliance with legislation on labor protection;
non-fulfillment of labor regulatory legal acts;
illegal reduction or dismissal;
not paying benefits when calculating;
refusal to provide an employment record on the written request of the employee, or when he dismissal;
Unreasonable refusal to accept work when the applicant is the employment center provides a vacancy at a certain enterprise, and his head refuses to employ a new employee;
refusal to provide an employee of the established benefits envisaged by law;
questions related to work and payment in non-working days (weekends, festive).

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

Application and its anonymity

Each area has its own work inspection. Therefore, to contact such an institution is necessary in the region where the offenses of the worker happened.

Application for non-compliance with labor relations can be served in three main ways:

protectly. For such a way, the employer victim from unlawful actions is necessary to appear in the controlling organization with a complaint (in two copies) and related documents, and to give them to the office. Where the inspection workers are obliged to put the applicant on the instance to put the date and the input number of the document;
send a statement by mail. To be sure that the selected complaint was delivered to the addressee, it must be sent by registered communication with the notice;
send an application by email. This method is most comfortable and safe. Since the entire collected package of documents is scanned and sent over the Internet, and the originals remain on the hands of the owner.

Many citizens when filing a complaint want to remain unknown, that is, anonymously declare the offenses of the head. For such actions, the employee can push the following reasons:

for a working employee - fear for his career. Since the head learned who initiated an inspection may reduce or dismiss this employee;
for a dismissed employee - the fear of any actions from the employer who may turn into a former worker with different unpleasant consequences.

However, it is necessary to consider that the anonymous statements does not accept the work inspection. Therefore, when submitting documents, the application will need to specify its information. The only way out of such a situation is a written request, inscribed in the complaint itself, about the non-disclosure of the information to the defendant. Also, words will also be explained by the inspection workers the causes of this request.

Submission of applications via the Internet

To submit an online statement:

enter the official page of the Labor Inspectorate of the Relevant Region;
in the site that opens, enter all the required data;
describe exciting questions;
attach a file with a scanned packet of documents.

In addition, a necessary condition is a clear indication of which precisely the employee is waiting for the auditory authority:

checking the head of the enterprise;
excitation of administrative production and attracting violators to justice;
receiving advice on the question of interest.

In the electronic complaint, it is necessary to display the following data:

surname, name, patronymic of the victim;
his address and telephone;
surname, name, patronymic of the employer; legal and actual address of the enterprise;
the full name of the organization;
circumstances of violation;
further preferred actions regarding the person of the violation;
list of attached documentation (scanned copies of the employment contract, employment record, applicant passports and others).

You also need to put the date of the compilation and departure of the applicant and the applicant's signature. This complaint is discussed within thirty days, after which the applicable email should come about the measures taken, or notification of the need to extend the validity period.

It should be borne in mind that complaints in which there are no necessary information about the applicant or employer, as well as anonymous statements, are not accepted and not considered by the state institution.

Period of consideration of the application

In the Labor Inspectorate, as in other government agencies, the deadlines that provide for the reception of documents, their consideration, the adoption of the necessary measures and the date of the applicant's written response.

Statements in the Inspection on Labor should be considered within a month from the date of their receipt. It is possible to extend this period only in cases of a certain need and no more than thirty days. If the period of consideration of the complaint is extended, the specialists of the verifier authority should notify the applicant writing about this, and indicate the specific reasons for such actions taken.

Inspection check

There are two types of inspections in which representatives of the Labor Inspectorate are entitled to check organizations:

planned check. Performed in the absence of complaints. Mostly, such inspections are subject to organizations where an emergency occurred or a large number of violations of regulatory legal acts were discovered. Before the start of checking, the inspector is obliged to notify the enterprise management in advance. The notification is drawn up in writing, where the start and end date is indicated; target verification. It is carried out upon receipt of the complaint. In this case,
the inspector checks in the enterprise the availability of violations specified in the statement. If they are detected, the authorized person issues an impairment administrative penalty, and also issues the prescription of the established sample to eliminate the detected offenses. The execution of which the inspector will be obliged to check the next inspection.

In addition, the representative of the auditory organization may contact the bodies of the prosecutor's office, judicial institutions or to adopt other response measures included in its powers.

The authority of the Inspector on Labor includes:

control over compliance with labor regulatory legal acts by the employer;
drawing up, presenting and monitoring the implementation of the prescriptions;
control over the workshop with legislative acts on labor protection;
attracting guilty of responsibility;
participation in accident investigations; removal from office non-qualified
employees of the enterprise;
participation in court proceedings;
providing various information into law enforcement.

A complete list of powers, duties and responsibilities of the inspector in the field of labor is provided for in the official instructions of an authorized person who is signed by a lawyer of the organization, and is approved by the first head of state-owned influence.

Disagreement with the decision

If the applicant does not agree with the decision that an inspection body accepted after the inspection, it may challenge this result at the legislative level. To do this, you need to write an appropriate application addressed to the head of the Regional Office of the Labor Inspection. If such an action did not bring the expected results, the offender may apply to the chief state authority Inspection on the Labor of the Russian Federation or appeal against the decision in court.

Criminal responsibility

To criminal liability, the employer may be involved if it does not pay the money earned more than three months.

For this, an employee who owes wages should, with the relevant statement and a certificate of debt to apply to law enforcement agencies. The staff of which, after the inspection, and establish the fact of the violation, in accordance with Article 145.1 of the Criminal Code of the Russian Federation will attract the employer to criminal liability.

In contact with

One of the ways to protect labor rights is to appeal to the State Labor Inspectorate, for which a complaint is drawn up in the labor inspection. The State Labor Inspectorate is the state body, which is created specifically to protect the rights of the employee. And the right to apply with a complaint to the labor inspection is directly provided for by the Labor Code of the Russian Federation. Since labor disputes are very personal, sometimes to court makes sense to ask for help in labor inspection.

A complaint to the labor inspection may chase several purposes: conducting an unscheduled inspection, explanation of the legislation, the adoption of response measures in the form of protest, as well as attracting an employer to liability for violation of labor legislation.

Example Complaints in the Labor Inspection

To state labor inspectorate

on the railway area of \u200b\u200bYeisk

660049, Krasnoyarsk, Per. Gorky, 37.

from Chinema Marina Anatolyevna,

address: 660043, Krasnoyarsk, ul. Country, 129-73,

Complaint of the labor inspection

In the period from September 19, 2016 to December 20, 2016, I was in labor relations with Matreshka LLC (Krasnoyarsk, Svetone Ave., 302, of. 8) as an assistant manager with a salary of 20,000 rubles. An employment contract with me was concluded only on September 23, 2016, with an order for employment I was not familiar with.

In December 2016, the employer forced me to write a letter about dismissal at his own request due to the crisis and reduction of production and jobs. A declaration of dismissal from 20.12.216. I was presented to an employer personally, he signed it, promising to pay the wage. However, on December 21, 2016, for now, the salary for December 2016 is not paid to me.

In addition, a violation of labor legislation is seen in the employer's actions, namely the employer in violation of Art. 129, 135, 148 of the Labor Code of the Russian Federation to me, as an employee, did not actually accrued and did not pay an obligatory allowance: the district coefficient established by the Resolution of the Krasnoyarsk Region administration of 21.08.1992 No. 311-P, in the amount of 1.3.

Failure to comply with the duties established by the labor legislation of the Rossissian Federation grossly violates the rights of the employee.

Based on the above, I ask you to verify the legality of the inaction of the employer, Matreshka LLC, on non-payment of wages on the day of dismissal, as well as the non-payment of the district coefficient to the official salary from September 19, 2016 to December 20, 2016 I ask to oblige LLC Matryoshka eliminate the violation of labor legislation. About accepted measures I ask to inform the applicant.

Application:

A copy of the employment contract;
Copies of settlement leaves for September, October, November 2016;
Copy of dismissal statement.

01/15/2017 Kishineeva MA

What is the complaint about the labor inspectorate

Any violation of labor legislation, including many mandatory regulatory acts, will become the basis for addressing the State Labor Inspectorate. Feeding a complaint to the labor inspection is not mandatory for submission, on the restoration at work, etc. But the submission of a complaint in such cases may be the basis for attracting an employer to administrative responsibility.

A copy of the response on a health complaint will be powerful, and the court will be obliged to evaluate such evidence and take it into account. If the state inspection of labor, the response measures will not be adopted, such a refusal can be appealed by filing or.

When the situation is controversial and independently solved it difficult, a complaint to the labor inspection will help to obtain an explanation of labor legislation, consultation. The obligation to consult workers by employees of the State Inspectorate of Labor is directly provided for by the Labor Code. In addition, according to labor claims, incl. In the work of an employee caused in production, state labor inspectors can act as experts.

How compulsory complaints about labor inspection

Of course, violations of labor legislation by the employer may differ from the above example. However, in order for the complaint to the employment inspection to led the desired consequences, we recommend making a document on the following template:

name of state labor inspection. This should be an inspection, on the subordinate territory of which the employer is located (at the legal address). If the workforce is specified in the labor contract, the complaint is submitted to the inspection at this address. The complaint can be addressed as in the name of the head, and make an impersonal form.
surname, name, patronymic, telephone and applicant address, place of work. Anonymous complaints in the labor inspection will not be considered, it must be considered.
name "Complaint". Such a name allows to emphasize the attention of civil servants of the Labor Inspection on the Text of the Document;
a summary of the being of the circumstances: information about the employer, the period of labor relations, which actions (inaction) have become a violation of the rights of the employee, incl. on labor protection issues;
it is advisable to indicate articles of laws, subtitle acts that violated, according to the applicant, the employer;
what specific actions should be taken to eliminate the disorders.

Important: If the applicant is not desirable that the employer finds out about the fact of handling a complaint about the employment inspection, in the text of the application, make it up to Art. 358 Labor Code and ask to keep confidentiality about the source of the complaint.

Last update March 2019

Violation of the Norms of TC and discrimination in the field of labor law Now, unfortunately, it is not uncommon: according to social studies, with the infringement of labor rights to one degree or another, every fifth Russian. At the same time, the legislation provides that a citizen has the right to inform the non-compliance with the TC in the workplace in the State Labor Inspectorate (GIT). In which cases you can declare violations, how to make up and file a complaint, what a liability is provided for the employer - about this in our article.

Who and in what cases can submit a claim to the employment inspection

In the current economic situation, it is difficult to find a person who has ever encountered or has not experienced work discrimination on himself. The question arises: what can an ordinary employee make in a situation where the employer violates his labor rights? According to the legislation, in this situation, each citizen has the right to declare violations in Git, making a complaint. You can contact the inspection if you witnessed abuse from the employer, or experience discrimination personally.

Consider the unlawful actions of the employer in the examples, fixing which you can contact GIT:

Taking you to the service, the employer violated the design procedure.
- if the employment contract does not indicate information about the size of the salary, incentive payments and the conditions of their production, then you can safely contact the GIT, as this is a violation of the TC;
- If you are a pregnant woman, the employer has no right to draw up you for a trial period;
- When admission to work, you were not familiar with the internal rules and orders, after which the measures were applied to you.
In the process of work, you used different kinds of discrimination:
- Rough, but rather common violation, is a refusal to provide an employee of annual leave;
- Salary payment is carried out in a non-time and not fully, there are debts on payments;
- You were not paid compensation provided for by TC (sickrooms, vacation pages, etc.). Instead of the hospital leader, forces you to issue a vacation "at your own expense";
- You are forced to work overtime, on weekends and holidays, translated into the workplace, the conditions of which do not correspond to the norms of the TC.
Violations were made when dismissal:
- You were not in a timely manner and in the prescribed manner notified about the dismissal / reduction;
- with the termination of the employment contract you were not listed for all due payments (for example, compensation for unused vacation);
- compensation was paid later than the day of dismissal;
- on the last working day you have not been issued a workbook.

If you yourself or your colleague collided with one of the above situations, then you have every reason to turn with a claim in Git.

As you can see, you can declare offenses not only during the work period, but also after dismissal if the termination of the employment contract was conducted with a violation of the established procedure. If you were illegally denied when taking a job ( for example, the employer forced you to pass the "trial period" without payment and design), then you also have the right to declare it in the inspection.

How to make a complaint

The law does not establish the form according to which the claim in GIT should be compiled. You can file a complaint to the employer in the labor inspection by writing a letter in free form. At the same time, do not forget about mandatory details. In order to write a complaint correctly, you need to specify key data in the text:

information about you as a complainer (name, postal / email address for response);
employer data (organization name, address);
the essence of the claim;
Your signature and date.

As for the description of the offense, it is necessary to adhere to the rules of business correspondence. Information should be reliable and verified, reflect the objective position of things, and not your attitude towards a specific person (boss, colleague). At the same time, the essence of the claim must be submitted briefly and accurately, avoid unnecessary, non-valid parts. It is better if the application is drawn up in the form of the facts that you describe consistently in chronological order.

Sample complaint

You can write a complaint to the labor inspection according to the sample below:

State labor inspectorate
Perm, ul. Lenina, d.23.
from Kurochkina Valeria Dmitrievich
Perm, ul. Builders, d.28 sq.47
Contact phone: 147-15-84

02/24/2014 I was hired at Monolith JSC (Perm, Street metallurgists, d. 17) to the post of senior storekeeper, where I work today. An employment contract provides for that I work on the terms of the 40-hour working week on weekends on Saturday and Sunday.

In March 2016 Head of Warehouse Petukhov S.L. I informed me verbally about changing the schedule and the need for work on a weekend (Saturday). These changes in the employment agreement were not made, the surcharge for work on the weekend was not paid to me. When talking with Petukhov, I received an answer that the schedule would be officially changed since April 2016, the salary will be increased proportionally spent time.

After 3 months (June 2016), the agreement with the new schedule and the salary was not provided to me, and therefore I turned to the head of the monolith JSC Skvorttsov L.D., after posting at the reception. During a personal conversation, July 24, 2016, the Skvortsov told me a 6-day working week introduced for me on a permanent basis, but the changes in the schedule and the salary will not be carried out. If I have objections, I can write an application for dismissal.

In connection with the foregoing

check this fact and attract the responsibility of the perpetrators;
ensure changes in labor schedule and salary;
to oblige a monolith JSC to pay me compensation for work on weekends from 01/01/2016 to 08/01/2016.

Claiming

After the complaint was compiled, you can contact her in the work inspection convenient for you:

Option 1. You can personally visit Git and convey the claim to a responsible specialist. To do this, it is necessary to pre-draw a statement in 2 copies, on one of which an inspection worker put a signature and date of receipt. Claims can be attached to additional documents confirming your position (a copy of the employment contract, statements, reports, etc.).

Option 2. If you do not want (or you do not have the opportunity) to go to GIT in person, you can use postal services. To do this, you need to send a letter with notification and investment describing (if other documents are available, in addition to the claim). Having received an envelope from you, an inspection officer will complete the availability of documents with the description and confirm receipt. You will also have a notification root that will be indicated by the date of acceptance of the document and the signature of the responsible person of GIT.

Option 3. The electronic version of the sending of claims is gaining increasing popularity. How to write a complaint about the work inspection online? Make it very simple: you need to go to the official website of the Labor Inspectorate in your region and fill out an electronic form. By issuing an online application, you can:

choose the reason for the appeal from the popular list (non-payment of wages, violation of the work schedule, discrimination at dismissal / employment, etc.);
promptly fill out a questionnaire about yourself and employer data thanks to a convenient format;
inform the GIT of the necessary, in your opinion, actions that should be applied to the employer (verification, attracting responsibility, administrative penalty, etc.).

Also in the application form, it allows you to specify the way you will be able to get an answer (in the form of an electronic or postal letter).

Inspection has 30 days to handle your application and notify you about the results.It does not matter how the claim was sent. If your claim does not refer to the competence of the inspection, it will be transferred to the competent authority for consideration. This will be done in a 7-day term after registration, you will receive a notice of redirecting the application.

It should be remembered that the inspection has the right to not consider your application if it contains direct threats or insults.

Anonymity

Many are interested in the question: Is it possible to make a complaint in Git anonymously without specifying the applicant's personal data? According to the law, the inspection has the right to not consider anonymous complaints. At the same time, stating violations of the employer in Git, you can require the preservation of the confidentiality of your appeal. To do this, it is necessary to supplement the text of the application by the appropriate phrase ( for example, "When conducting a check, I ask not to disclose the employer information about me as a complainant") Or put a note about privacy in the application of the electronic application.

Collective complaint

You can declare violations from the employer by submitting a collective complaint. As a rule, such appeals concern labor discrimination against the team as a whole (department, workshop, division, etc.). At the same time, the law does not prohibit collectively declare violations regarding one employee. In the preparation of appeal, you must specify the name of the representative, from which a claim is submitted.

Check on the fact of complaint

If the appeal to the inspection is compiled correctly and it contains substantial information on offenses from the employer, after the expiration of a 30-day term you will receive a notification of the assignment of the complaint.

When checking, the inspector has the right to inspect the working conditions, to poll the employees of the enterprise, to request for analysis the necessary documents ( for example, wage charge statements, if we are talking about a delay or failure of salary to employees). Upon verification, the inspector makes up an act in which the facts of the violation of the TC in relation to the employee or the labor collective as a whole. Based on the established offenses, the following measures can be applied to the employer:

issued prescriptionwhich indicates the need to eliminate certain violations within the prescribed period ( for example, pay Petrenko S.L. Compensation for unused vacation up to 08/01/2016);
overlay administrative fine. The amount of the fine is established individually according to the offenssment.

In the event of serious offenses, the test results may be transferred to the court or prosecutor's office to initiate a criminal case against the employer. In this case, we are talking about gross violations of labor legislation:

violation of safety regulations in a responsible person, which entailed causing harm to the life and health of employees of the organization;
dismissal of a pregnant woman or mother having a child up to 3 years;
systematic non-payment of wages (more than 3 months).

Different types of penalties, including fines and criminal liability, can be applied both to the first persons of the organization and directly guilty. For example, if an employee declared that he was forced to work in conditions that do not meet security standards, not only the head, but also a specialist in labor protection is recognized in this case..

On the results of the inspection and measures applied to the employer, you will be informed by receiving the appropriate notification. The notification text will also indicate information regarding your further actions (if it comes to illegally dismissal, then the notification will describe the procedure necessary to restore the workplace). In case the test results you did not satisfy you or you think that your rights are violated by actions or inaction of the Git inspector, you are entitled to defend your interests in court. To do this, you need to create a statement of claim to which an notice from GIT is notified. You can also complain about the inspector directly by sending appeal to the head of the territorial office of the inspection.

Question answer

Question:
Employee JSC "Element" Stepanova S.D. - Mother 2-year-old child. In March 2016, Stepanova was dismissed due to the liquidation of the Element JSC. Can Stepanova contact Git with a claim for a violation of labor rights?

No, in this case, the actions of the "Element" manual are legal. Since the company is eliminated, it has the right to dismiss all employees, including pregnant women and mothers, whose children did not turn 3 years.

Question:
Employee Status JSC Fedorov N.G. He appealed to the GIT in connection with the salary of the salary over the past six months. Can Fedorov, without waiting for an inspection response, file a lawsuit in court?

Yes, the reference direction in Git does not deprive Fedorov opportunities to protect its rights in other ways. However, judicial claim is advisable to file after receiving an answer to the complaint about the labor inspection. On the one hand, notification and act of verification will be a significant basis for opening a court proceeding. On the other hand, recovery measures can satisfy Fedorov's requirements, and the subsequent appeal to the court will not be required.

Question:
Worker LLC "Stroytekhmontazh" wrote a complaint to Git 07/18/2016. After 30 days, the answer from the inspection did not receive an employee. Are the inspection agencies in this case?

In some cases, Git has the right to handle the treatment (plus 30 days). But at the same time, the applicant must be notified that the Claimer's term is extended. In addition, anonymous appeals, as well as implications with direct threats and insults, can be left unanswered.

If you have questions about the topic of the article, please feel free to ask them in the comments. We will definitely answer all your questions for several days. However, carefully read all the answers to the article, if there is a detailed answer to such a question, then your question will not be published.

Labor inspection is one of the state inspections that verify the observance of the rights of workers. The circle of her duties is wide. However, it is possible to describe it very briefly - it eliminates the violation of the rights of employees and monitors their subsequent observance.

Thus, the labor inspection can be called a peculiar "defender" from unfair employers. She eliminates most violations without attracting the prosecutor's office or trial.

Performs two types of checks: planned and unscheduled.

Planned audits by the Labor Inspection:

Planned checks are mainly held in the agreement with the prosecutor's office. They are distinguished by the fact that the plan of such checks is already known in advance and is defined for a year ahead - with it can be found on the sites of the General Prosecutor's Office or the Labor Inspection itself. Also, they begin only if a certain number of complaints about the inspection are collected on a certain employer.

Unchecked checks:

Conducted only when contacting the employment inspection. At the same time, complaints should be denied serious violations of labor or other norms. The list of reasons can be found in Article No. 360 of the Labor Code of the Russian Federation. The main reasons for unscheduled inspections are:

Expiration to eliminate disorders identified by the previous check;
Complaints in the labor inspection for violation of working conditions;
Complaints in the labor inspection about;
Special disposal of the head of the inspection.

Thus, an unscheduled check can cause the most ordinary employee who wrote. But it should not be thought that with the first complaint about the employer, the inspection will immediately go to him. First of all will be considered:

and contracts;
Accounting books;
Internal rules of the organization;
Graphics (vacations, weekends, processing and other);
Orders relating to labor activities;
Personal affairs staff.

These and many other less important papers will be reviewed in the first place. Only if there are violations in them, you can expect inspection at the enterprise itself.

State inspection is authorized:

Demand from the employer compliance with the norms of working conditions
Eliminate employees who do not have skills or education
and attract responsibility.
Carry out inspection of circumstances
Temporarily stop the work of institutions.
Begin legal proceedings in serious violations of the law.

Complaint treatment is drawn up by an employee in the form of a statement. It has a strict form and necessarily includes the following:

In the title:

Name of the verifier organ: full name, address;
FIO of the complaint, address;
Contact information to answer the complaint.

In the information:

The time that the employee worked in the organization, the date of employment;
Cause of Complaints: What is exactly your rights are violated;
Your actions taken to restore your employment rights;
Requirements;
Justification of requirements.

Final part:

A list of additional accompanying documents;
Complaint Date;
Signature.

What should be the correct written complaint on the employer?

Accurate. All facts, dates and circumstances should be described without errors. All documents that are evidence must be complete and reliable. Before submitting a complaint to the employment inspection at the employer, do not be lazy to test it and related papers for inaccuracies;
Brief. It is not necessary to go into a detailed description of everything that preceded violation or was only after it. Describe only the minimum required volume;
Correct. , containing any insults or emotional and incorrect add-ons will not be considered;
Competent. Try to not allow mistakes, avoid typos and blots;
Full. Be sure to specify everything you need. If the facts are not to get then the complaint will not accept consideration. Also, do not forget to specify all the data, including your own.

Is it possible to submit an anonymous complaint?

As a normal order, an anonymous complaint will not be considered. The fact is that, according to the laws of the Russian Federation, the appeal to the employment inspection must contain information on the complaint. In the case of an anonymous complaint, the application will be considered incomplete and will not be able to understand. However, the complaint can be submitted via the Internet. A different application form provides some kind of anonymity.

It is also worth noting that the executive officer may require a confidential check. However, in practice, such a request is not too effective.

How to complain about the labor inspection online

What else is important to know about the complaints of labor inspection?

Consideration of the complaint - the matter is unprecedented. Only on its primary consideration can take a month, but not more;
Your complaint may not be considered. Most often, this is due to the desire of the employee to write an anonymous complaint. In the inspections for labor control, the anonymous complaints are not considered;
Labor inspection is not the most effective instance in resolving conflicts with employers. You can also contact the prosecutor's office or to court;
Before submitting the complaint, first refer to the manager with the claim. Sometimes the mention of the complaint about the inspection is enough to resolve small disputes;
You can always require the inspection to substantiate it.

Where to turn, if the complaint into labor protection inspection did not help?

. It is designed to defend any rights of citizens of the Russian Federation, including labor. Appeal to the prosecutor's office is very similar to the inspection complaint: you need to write a statement in the same procedure, to indicate in it the circumstances of the case, explain the requirements and substantiate them, in the nested documents to show evidence. At the same time, the complaint to the prosecutor's office will be much more effective if, in violation of your rights, the laws of the Russian Federation were also violated.
. At the employer, it is quite possible to file a lawsuit. In this case, the consideration of the circumstances of the case and the audit of observance of labor standards will already be engaged in authorized judicial representatives. For this you need to file a lawsuit in the usual order. This process is most effective with illegal dismissal. The only minus - things are considered long enough.

In labor inspection Served in cases where the employer violates any rights of employees, refuses to provide guaranteed payments and vacations. How to write and file a complaint to the employment inspection, which rules need to be observed when writing such a document, let's talk in detail in this article.

How and in what cases are the complaints in the labor inspection?

For clarity, we give an example of writing complaints:

State labor inspectorate

omsk, ul. Lenina, D.1

from Ivanov Sergey Leonidovich

omsk, ul. Leningrad, D.1 sq.1

contact phone: 11-11-11

From 2012 to today, I have been working in the Stroyinvest LLC, which is located at the address: City Omsk, Railway Street, House 15. From October 2017 to the present, the employer refuses to give me an annual paid vacation, referring to the fact that To replace me at a time of vacation. I have repeatedly wrote applications for vacation, however, such statements by employees of the personnel department were not accepted.

After the next refueling on November 05, 2018, I wrote a complaint addressed to General Director of the Grozin Society Vladimir Ivanovich. The secretary in the reception director has adopted, but to fix the fact of his adoption on my instance refused. The answer to the complaint did not give me.

Then I tried to talk to the director personally and signed up for a meeting on December 20, 2018. During this meeting, the director directly pointed me that the vacation would not be supplied to me, and if I am going to argue, I can immediately write an application for dismissal.

In connection with the foregoing

check this fact and attract the responsibility of the perpetrators;
ensure the implementation of my right to pay for vacation.

How to write a complaint to the labor inspection of Moscow

In the labor inspectorate of Moscow, it is not difficult to write a complaint. You can submit it in 3 ways:

bring the complaint personally;
send a claim by Russian Post;
complain to the unfair employer through the official website of the State Labor Inspection site.

Let's consider each of the ways to submit a complaint to the labor inspection in more detail.

In the first case, everything is more or less clear. Write your complaint (it is important to recall that all appeals should be in 2 copies); Take it to the inspection (on the second copy, be sure to impress the date of submission of the document, as well as the signature and decoding of the signature of the face adopted); And then wait the answer to your appeal. It is important to note that in the complaint you need to specify not only the address for the direction of the answer, but also the contact phone number so that you can quickly contact you if there will be additional questions when considering the complaint.
Sending a complaint by Russian Post is about the same as the personal delivery of circulation. Write a complaint (leave the second instance from you), then go to the mail, fill out the notification form and send an appeal to a registered letter with the notice. When the notification returns, you will have a confirmation of the receipt of the letter and the signature of the person who accepted it. In addition, you can simply save the sending receipt. Before the notification returns, this receipt confirms the fact of sending.
The simplest way to appeal to the employment inspection today is to submit a complaint over the Internet. In order to submit a complaint to the labor inspection of the city of Moscow, you will need to visit the official website of this state structure. On the site, select the online receiving tab, and then decide on the topic of your appeal (select from the proposed list). It has the most common problems: wages, working hours and recreation time, employment and dismissal from work, changing the working conditions, labor protection, disciplinary and material responsibility of the employee, etc. If the themes of your appeal are not, then you need Select the "Other Questions" tab. By clicking on the link, click the "Send Application" button.

In order to send a complaint, you will have to fill out a small form: specify your name, surname and middle name, address, contact phone number and email address. You will also need to choose how you want to receive the answer: in writing by mail of Russia or email.

After that, you need to make data on the employment organization, indicate the TIN and OGRN of the company, the name and position of the head, as well as the name of their position. Below you will be offered several options for your appeal, for example: Conducting and attracting guilty persons; excitation of administrative production; Receiving advice on the issue, etc. Opposite the desired action should be ticking.

Then you can then go to the direct writing of the complaint. The main text of the complaint must be issued under the general rules of the business letter. As additional materials, various files can be applied to the application (for example, a scan copy of the employment contract, documents confirming your position, etc.).