Sample complaint to a trade union against an employer. Complaint against employer sample form. When applying online, you can

Contacting the labor inspectorate

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

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

Is it possible to write a complaint to the inspectorate anonymously?

The Labor Inspectorate is a government body that is called upon to sort out difficult situations in the relationship between an employee and an employer, therefore, like any other government agency, it does not accept anonymous complaints.

To maintain confidentiality, you can directly include a clause in the complaint requesting that information about the complainant not reach the employer.

In addition, it must indicate the applicant’s contact information, his address and telephone number for feedback.

According to the law, labor inspectorate specialists must take the necessary measures to resolve the conflict and, based on the results of the investigation, send a response to the originator of the complaint.

Where to file a complaint against a trade union

Residents of megacities are more informed about their rights, and it is easier for them to decide to take active action.

In small towns and in the provinces there is less work, where people are afraid of losing their job and suffer harassment. And there is little hope for justice here, “everything is captured.”

If there is a trade union functioning at the enterprise, then the best thing to do is to contact them.

Important

Trade unions have a wide range of methods of influencing management, the only problem is that there are too few trade union organizations today. Most complaints still concern wages. But it is difficult to win money litigation against a legally competent employer.

Official documents contain only “correct” data, there are no witnesses.

I’m going to go to the prosecutor’s office (I also doubt their help) and write to Medvedev. Where can you complain about the trade union? I didn’t pay union dues for so many years so that some Chumakova would go to the pool with them. And in the end, no help or protection. Help me understand this issue. If you think that the question is incorrect in relation to trade unions and should not be published for public viewing, can you answer by email?

Dear Larisa Valerievna! A trade union organization, like any public association, is accountable in its activities only to a meeting (conference) of members of the organization. The higher trade union body or the control and audit bodies of the organization can express an opinion, but the decision is made only by the organization itself.

These crumbs are mainly used by committee members. For example, they take pool passes from dummies and go straight to 3 (Chumakova T.I.). And the rest will get what they want. Lately, only those close and suitable have attended all events (tourist meetings, etc.).

Once at a tourist rally, an employee died after the competition. Relatives filed a lawsuit. Representatives of the trade union forged all the documents (it turns out that he himself arrived without an invitation, climbed over the fence, began to participate in competitions, got drunk... and died) and the relatives lost the trial.

And the members of the trade union committee also openly gloated about this (again, T.I. Chumakova). I filed a lawsuit in January. Until now, the trial cannot take place because... the defendant does not provide the requested documents. Chairman of the trade union committee in the management of the Perm branch of OJSC Uralsvyazinform L.I. Stolyarova now retired.

The information contained in this article does not apply to relations related to the protection of consumer rights.

Before writing and filing a complaint against the chairman, we recommend that you:

• receive free legal advice on civil rights, which will save your time;
• read the following materials on our resource: how to write a complaint correctly and how to submit a complaint correctly.

Sample complaint against the chairman

To the head of the limited liability company (address)

Ministry (name of the executive body of the constituent entity of the Russian Federation with powers in the sphere of control over relevant activities) (address)

To the prosecutor's office (name of the subject of the Russian Federation) (address)

from Last Name First Name Patronymic, residential address

(for example: Ivanov Ivan Ivanovich, Moscow, st.

Attention

However, in this case, not only the owner of the enterprise, but also the complainant himself may suffer. The tax office is interested in deductions from wages, which should be sent to it. And here questions may arise for the employee. Did he know that the employer does not make deductions from his salary and does not pay taxes?

If he knew, he had to do it himself.

If he didn’t know, then bribes are cleared from him, and all the blame falls on the employer.

Based on the results of the audit, tax authorities may come to the conclusion that the employee was in collusion with his employer, and both deliberately did not pay taxes. The consequences for both will be sad: Art. 199 of the Criminal Code of the Russian Federation - for the employer, and for the employee - Art. 198, as amended in April 2020.

It says that if a citizen did not pay personal income tax and did not indicate income in the declaration, then he will have to pay, in addition to the tax, a fine and penalties.

Info

The document is considered executed if the questions raised in it are resolved or the author is given a substantive answer. (An intermediate response, like a request for an executable document or partial execution of an order, is not a basis for recognizing the document as executed). An entry is made in the control file: “Removed from control” and the date is indicated. The elected bodies of the Trade Union organizations ensure that the issues contained in the appeals of the Trade Union members are taken into account, regularly hear the results of work with the appeals at their meetings and provide the necessary information to the control and audit commissions.

Association of Trade Unions of Russia

How to correctly write an application to leave the trade union?

To exit an organization, two identical documents are written:

1. to the accounting department (to stop withholding contributions).
2. the head of a trade union or a person involved in personnel;

By the way, the second application may not be necessary if the trade union has its own accounting department, independent of the enterprise.

How to correctly draw up an application for inclusion in the register of creditors' claims - read here.

So, the statement does not have a strict form.

Inaction of the trade union organization

Where can I complain about a trade union organization?

I worked at OJSC Uralsvyazinform.

Permian. I have been a member of the trade union since 1983.

This is one way to protect workers.

Based on the facts set out in the complaint, an extraordinary inspection will be carried out by a GIT inspector. If during its course any violations of the Labor Code or other regulatory documents are revealed, the organization will be fined, and the manager will be given an order to eliminate the shortcomings within a certain period of time.

This will be followed by another check. A written response will be sent about the actions taken within a month from the date of transmission of the complaint.

Download (zhaloba-v-trudovuyu-inspektsiyu.doc, 27KB)

Letter to the trade union: what the HR officer needs to know

A collective letter in defense of an employee can be drawn up for various reasons and in favor of any employee of the organization. The document can influence decision-making on fundamentally important issues.

The peculiarity of the document is in expressing the point of view of a whole group of people. FILESDownload a blank form of a collective letter in defense of an employee .doc collective letter in defense of an employee .doc Rules for drafting First of all, a collective letter is a business document.

It should contain polite requests to take into account some of the nuances of the case, show compassion towards the employee, or take into account his positive qualities. Under no circumstances should you use colloquial expressions, become rude, threaten or be rude.

This will not contribute to making a constructive decision on any issue. In addition, the legislation allows for an extension of the established period if there are grounds. However, applicants must be notified in writing of such a decision.

The notice must state the reasons why the review period is extended. To avoid delaying the process, it is necessary to immediately correctly determine the authorized structure.

To do this, you need to go to the website of the municipal administration and look at the names of structural divisions. You may have to make several calls to certain structures that will explain which body is dealing with what issue.

Links to regulations They must be present in the letter. As mentioned above, the document must clearly indicate the nature of the violations of rights.

This can only be done competently, guided by the law.

Contacting the prosecutor's office

A complaint against an employer to the prosecutor's office is similar to an appeal to the State Tax Inspectorate. This body examines violations of any rights, including labor rights.

The anonymity of the applicant is also guaranteed in order to protect him from unlawful actions of the employer.

• The right to receive information about working conditions at the enterprise, as well as familiarization with safety precautions;
• The right to receive retraining according to current standards;
• The right to join an existing trade union;
• The right to participate in the management of the company within the framework defined by law and internal documents;
• The right to protect your labor rights;
• Right to receive social insurance;
• The right to compensation for harm that was received by the employee due to the actions or inaction of the employer.

Samples of writing an application for financial assistance from an employer for various reasons

Filing an application for financial assistance always depends on what the manager has written down in local regulatory documentation (or what the terms of a collective agreement or individual employment contract say).

Moreover, its submission is possible in any situation - only the boss, when studying such a petition, will always take into account local acts and rules.

Dear readers! The article describes typical situations, but each case is unique.

If you want to find out how to solve your particular problem, use the online consultant form in the lower right corner of the site or call direct numbers:

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According to generally accepted legal provisions, the employer must provide the employee with mating assistance only in the situation when it comes to work in the public or military service.

In other cases, the possibility of providing assistance depends on the regulations of the enterprise, and in the absence of such, on the desire of the manager and the capabilities of the organization.

Ways to protect your own right to work

The law establishes that an employee has the right to use all methods of defense not expressly prohibited if his employer violates his rights.

All possibilities for where to file a complaint against an employer can be divided into several groups:

• Self-defense.

In this situation, the employee has the right to refuse to perform work that is not included in his job duties, or it may be dangerous to his life and health, or the administration does not provide the employee with protective equipment to perform the work. An employee also has the right not to work if the employer delays wages for 15 days or more. But it is imperative to notify the employer in writing of the reasons for the refusal.

• Protection of rights by trade unions - the activities of trade unions are regulated by federal law. They can participate in labor disputes, participate in the development of regulations, etc.
• Protection of rights by government agencies - there are special bodies that monitor the implementation of labor legislation. This includes, first of all, the labor inspectorate of the State Labor Inspectorate and the prosecutor's office.

When can you complain about an employer to the State Tax Inspectorate?

In accordance with the rules of law, the state labor inspectorate is an authority created specifically to protect the rights of workers and supervise employers.

Therefore, when deciding how to protect the rights of an employee and where to turn, an individual should keep in mind the GIT. Either one employee or a group or work collective can apply to this inspection.

Its main tasks are:

• Implementation of protection of labor rights of workers.
• Consulting employees and employer representatives in the field of labor law, as well as the most current ways to comply with labor laws.
• Sending information to the relevant competent authorities about the fact of violation of labor laws.

As soon as the inspection receives a written complaint, its representatives begin an inspection, during which all existing facts are studied and violations are identified. If a violation is detected, the inspectorate issues an order to the employer, which he must correct within a specified time.

Attention! After the time has passed, a repeat inspection is carried out, during which the employer reflects the adjustments, corrections, etc. he has made. Based on its results, a written response is sent to the employee. If the employer ignores the instructions of the labor inspectorate, then its representatives contact the prosecutor's office.

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Under certain conditions, the labor inspectorate may refuse to consider a complaint. This usually happens for the following reasons:

1. The complaint was made anonymously. If an employee does not want his data to become known to the employer, he has the right to indicate this in the application.
2. In the actions set out in the statement, the inspector did not find any violation of labor laws.
3. The application is handwritten in illegible handwriting, some words or phrases are incomprehensible.
4. The statement contains obscene language, swearing, threats, slang words and expressions.
5. The information presented is not within the competence of the labor inspectorate - in this situation, however, the inspector can independently forward it to the desired address.
6. It must be remembered that the lack of supporting documents is not a reason why an inspector may refuse to accept a complaint. However, this must be mentioned in the text of the document.