Where to complain about an employer

Unfortunately, cases of violations of rights by employers continue to occur with high frequency even today - when, it would seem, there are plenty of ways to expose any employee: any smartphone is now equipped with a camera and violations can simply be recorded on it, and the results can be sent violations are not difficult - again, there is a camera and a bunch of messengers. Well, it’s not worth talking about the prevalence of email - only a rare user does not yet have his own email account.

But where to send evidence of violations of employee rights is another question. In this case, the State Labor Inspectorate comes to the rescue. This is where the employee should first file a complaint.

If the results of the examination carried out by the state inspectorate do not satisfy the employee or he sees a special delay in the case, suspects someone of collusion, or finds some other obstacles, he has every right to file a complaint with Rostrud.

There, his complaint will be considered without fail at the federal level.

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He can file a complaint electronically - then he won’t have to go anywhere, or in writing - for those who want to be sure. It's up to you to choose.

When to file a complaint with Rostrud against an employer

First, let's look at the objective reasons for filing a complaint against an employer - because sometimes they may be considered insufficient and then you will simply waste your time. To do this, you don’t need to know the entire labor code from cover to cover. Here are the main reasons:

• You have started fulfilling your duties, but they do not want to enter into an employment contract with you.
• An agreement has been concluded with you, but it is not official - for example, in the form of a receipt or something similar.
• You were not paid your wages, were not paid in full, or were delayed in paying them for more than 10 days;
• You were not allowed to go on vacation or were released, but at your expense.
• You were forced to work on a day off and were not given additional payments for overtime work.
• Your workplace does not comply with current labor standards: there is no table, no window as a source of natural light, no chair, etc.
• You are asked to equip your workplace using your own funds.
• You were unreasonably denied a job.
• You were fired from your job illegally and without cause.

These and some other reasons are objective for filing a complaint with Rostrud.

How to write a complaint against an employer?

• Whatever authority the complaint is submitted to, it must be in writing.
• state the violation clearly and clearly without unnecessary emotions, which will only interfere with understanding the basis of the complaint.
• An anonymous complaint against an employer is not welcomed by inspection authorities because they will be deprived of the opportunity to check the circumstances and clarify additional questions.
• it must accurately indicate the reasons for the problem that has arisen, and must include a signature and the date the document was drawn up.

The main thing is that the complaint against the employer is competently drawn up and properly executed, then the legal protection of labor rights by public organizations and our lawyers will take place on time. Specialized websites provide a sample complaint against an employer that will help with the preparation of such a document, but we recommend turning to professionals in their field to draw up the document; our labor lawyers have more than once encountered situations where citizens drew up texts without regard to the future, and then played a bad game role if the dispute continued in court.

USEFUL: watch also the video on the topic of filing a complaint and learn more, write your question in the comments of the video and don’t forget to subscribe to the YouTube channel to receive advice from a lawyer

https://youtu.be/KYFR7LPfauQ

Complaint: how to write it correctly

The complaint is submitted electronically or live.

A complaint in electronic form is submitted in general terms - if this is done by email or through a form - if this is done through the online inspection.rf service. In these cases, you can attach copies of documents confirming your words to the complaint: a copy of the employment contract, work book, passport - as a document confirming your identity, etc.

A written complaint is submitted through the nearest state labor inspectorate and filled out in accordance with the sample.

One way or another, the complaint must reflect:

• Name of the body to which the complaint is filed: State Labor Inspectorate for your city or Federal Service for Labor and Employment;
• Your data: full name, residential address, telephone number, email address, place of work and position;
• Description of the violation of your labor rights;
• A description of the actions you took, if any;
• Signature and date.

Ideally, the text should consist of only facts: I was supposed to receive a salary on such and such a date, I contacted such and such, but even after a month there was still no salary. I am attaching my employment contract and scans of my account. If you use vague language in the text or cannot prove the direct fact of the employer’s violation of your labor rights, you need to prepare for the fact that the case will take longer to investigate than usual.

Contact the State Tax Inspectorate and the prosecutor's office.

The Prosecutor's Office of the Russian Federation is called upon to oversee compliance with the Constitution of the Russian Federation and the implementation of laws on the territory of the Russian Federation, take measures aimed at eliminating violations, as well as bringing to justice those responsible for their commission.

The State Labor Inspectorate is authorized to monitor compliance with the Labor Code of the Russian Federation and other laws containing labor law standards. An employee whose rights have been violated has the right to contact the State Tax Inspectorate and (or) the prosecutor's office with an appropriate appeal (complaint). This document must be in writing.

The legislation does not establish a mandatory form for such an appeal, however, in order for it to be considered, it is necessary to include the following information:

1. The name of the territorial department of the State Tax Inspectorate or the prosecutor's office to which the appeal is sent;
2. Information about the applicant (full name, postal and (or) email addresses, contact telephone number);
3. Information about the employer (name of the organization, full name of the individual entrepreneur, OGRN, INN, address, contact phone number, information about the manager);
4. Description of the circumstances that resulted in a violation of the employee’s rights or labor legislation;
5. Confirmation of the circumstances that led to such violations;
6. List of supporting documents attached to the application;
7. Applicant's signature with transcript;
8. Date of.

Along with the application, you must submit documents confirming the information and information specified in it to the relevant authority.

Natalia

Labor expert

You can submit an appeal and the documents attached to it by personally contacting a government agency, by sending documents by mail, or in electronic form via the Internet.

The period for consideration of the application is 30 days.

Based on the results of the consideration, the specified state bodies have the right to:

• Conduct an unscheduled inspection of the employer’s activities;
• Issue an order to the employer to eliminate labor violations;
• Bring the offending employer to justice.

Filing a complaint to Rostrud electronically

You can also submit a complaint electronically in two ways:

• Through the service onlineinspektsiya.rf;
• By email.

Complaint through the service onlineinspektsiya.rf

So, first of all, you will need to go to the onlineinspection.rf service and go down to the “Report a problem” section.

Click on a section.

Then you need to select the category under which you want to file a complaint. For example, "Salary".

And then a sub-item, for example, “Salaries are being delayed.”

You will then need to select the outcome you would like to achieve with your complaint:

• Consultation;
• Or check.

After this, you will be asked to log in through the State Services portal.

And after authorization, you will be able to write the text of the complaint itself, as well as attach all the necessary documents.

Complain by email

You can send your letter to the citizen reception department of Rostrud by mail

In the letter, you need to indicate in a general form the problem you are addressing, write your contact details, details of the employing organization (Legal name (Horns and Hooves LLC), Taxpayer Identification Number, Primary State Registration Number, physical and legal addresses) and attach additional documents, which somehow prove that you are right - so that it is easier and faster for the inspector to understand your issue.

And wait for an answer.

Where can this be done?

So where exactly can you apply?

An application must be submitted to the inspectorate of the area in which the violation of the employee’s rights occurred. Each region has its own labor inspectorate. There are 3 main delivery methods:

1. Personally . To do this, you need to come with an application and the necessary package of documents to the inspection and hand them over to the reception.
2. By registered mail with notification . This method is more convenient, but do not forget that a letter with original documents may be lost during the forwarding process.
3. Electronically via the Internet . For this method, you will also need to draw up an application and collect the necessary documentation package. All documents will need to be scanned and sent along with the application.

The procedure for filing and considering a complaint is discussed in detail in the following video:

https://youtu.be/dYCbabAKi-c

How to file a complaint through the inspector’s office and get his advice

With all the variety of online tools, most citizens prefer to address such questions directly - through the office of an employee of the state labor inspectorate.

There is one caveat: the number of direct requests from citizens may be too large and you may simply not be accepted. To prevent this from happening, it is better to make an appointment online.

To do this, on the website onlineinspection.rf, find the “Electronic Reception” section:

Immediately go down a little lower. There:

• Select your region from the drop-down list;
• Remember the hours and days of reception, as well as the inspection address and office number;
• Select your appointment date;
• Select free time for appointment - white rectangles.

Then click on the rectangle with the appointment time convenient for you and indicate the reason:

Then click on the “Register” button.

This concludes the recording. Come to the state inspectorate at the specified address at the time of your choice - there you can file a complaint and get advice on your issue.

Some nuances

• The response will be sent to you in writing or electronically. You can indicate the option that suits you when sending a complaint.
• Be sure to include your return address where the response should be sent. Applications without it are not registered in the system and are not considered.
• It is impossible to withdraw a complaint and cancel an inspection after filing a complaint. Therefore, think that perhaps the problem can be resolved by talking with your boss.

Do you need legal advice on labor law and pensions?

? Then ask your question using the form below and we will answer you as soon as possible. It's free and won't take much of your time!

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Discussion: there is 1 comment

1. Ruslan:
   02/19/2020 at 07:56

   On January 28, 2020, I filed a complaint against the employer’s actions with the State Labor Inspectorate in the Krasnoyarsk Territory, because structural division of LLC "Globys" territorially the direct implementation of labor functions took place in the Krasnoyarsk Territory, Baguchansky District, Govorkovo village, Beregovaya St., 28, building 1 02/19/2020, I received a response that my complaint was forwarded to the legal address of the employer, I believe that this violates Federal Law No. 294 dated December 26, 2008. Please look into the current situation, because An on-site inspection is simply unnecessary, there are significant violations of the law, but a territorial inspection should still take place directly in the place where the work is carried out.

   Answer

Where to contact?

If labor rights are violated, the employee has the right to contact the employer with a proposal to resolve the situation. And if it is not possible to reach a mutually beneficial agreement, then you should contact one of the following authorities:

• labor inspection;
• law enforcement agencies (prosecutor's office);
• judicial authority.

In large organizations, you can contact the commission for resolving labor disputes in cases established by the Labor Code. If the decision of the commission based on the results of consideration of the situation does not suit one of the parties, then it has the right to go to court.

When contacting the labor inspectorate or prosecutor's office, an unscheduled inspection will be carried out. If a violation of the Labor Code or other regulatory documents is detected, the employer will be fined and given an order to eliminate the shortcomings within a certain period of time. After the expiration of the established period, regulatory authorities will verify compliance with the requirements.

When filing a claim in court, the case will be considered on its merits. If the claims are satisfied, the employee’s rights will be restored, compensation will be paid for forced absence from work, and compensation for moral damages will be provided.

Perhaps the disadvantage of this method is the need to pay a state fee. However, if a prosecutor goes to court to protect the rights of an employee, payment of a fee will not be required.