Types of liability
Types of liability for non-compliance with labor legislation are enshrined in Art. 419 Labor Code of the Russian Federation.
Persons who have violated labor laws and other regulations are subject to the following types of liability:
- disciplinary;
- material;
- civil law;
- administrative;
- criminal
Let's look at each of them in more detail.
Organization of work and rest schedule for drivers
The activities of carriers are based on several principles that establish the employee’s work schedule, weekends and breaks. The driver can work on the following systems:
- Summarized accounting . This type involves the absence of a schedule and work schedule. The hours worked may exceed the norm established by the Labor Code of the Russian Federation. But the main thing is not to exceed the required monthly standards, otherwise it will be classified as a violation of the law. In addition, the carrier must coordinate all overtime work with his employer. At the end of the month, the driver must provide the percentage established by the company.
- Daily accounting . This type provides a stable schedule of activities and transportation. In accordance with the law, working hours per week must be at least 40. If the carrier works 8 hours daily for five days in a row, and then two non-working days are required. With a 6-day work system, the labor norm should not exceed 7 hours a day. Thus, daily accounting is strictly regulated by regulation.
Disciplinary responsibility
Labor relations are regulated by legislative acts, as well as collective agreements and local instructions. Accordingly, any official who improperly performs his assigned job duties is subject to disciplinary liability.
The fact of a disciplinary violation provides for the following types of penalties:
- Comment.
- Rebuke.
- Dismissal.
All of the above measures can be applied to the employee. Heads of departments bear disciplinary liability in the event of:
- making an unfounded decision that entailed irreversible consequences;
- gross violation of labor duties;
It should be noted that dismissal is a last resort measure, which is applied only in the case of proven facts of neglect of legal requirements.
Where to contact
The answer to the question posed is obvious; to protect your rights, freedoms and restore justice, you must immediately contact government agencies.
Complaint to the labor inspectorate
An employee whose rights have been violated may contact this body with a written complaint. Authorized inspectors must conduct an unscheduled inspection of the organization within 10 days. If, based on its results, the facts of violations are confirmed, the employer will be subject to mandatory instructions.
Important
It is impossible to recover compensation for moral damage by contacting the labor inspectorate.
How to write and submit a claim to the labor inspectorate
A complaint to the labor inspectorate against an employer can be brought personally to specialists, sent by mail, or sent by email.
This is also important to know:
How many days should vacation pay be paid and what are the consequences for the employer of failure to pay vacation pay on time according to the Labor Code of the Russian Federation?
It is possible to submit a claim to the inspectorate online by selecting the “Write a complaint” tab on the authority’s website.
Having decided where to complain about the employer, it is important to correctly draw up the document. To do this you will need:
- select a department of the authority at the location of the employer;
- indicate all information about the author;
- write the essence of the question concisely and clearly;
- it is possible to support the written claims with other written materials;
- write down a request for confidentiality if the worker does not want management to know the author of the request.
Sample complaint against an employer to the labor inspectorate
To have an idea of the document in question, check out what a complaint against an employer to the labor inspectorate looks like, a sample of which is presented below.
Application to the prosecutor's office
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An appeal should be sent to this authority in case of gross violations of rights, a threat to life or health, facts of bribery or forgery of documents. In this case, the investigation period increases to 30 days.
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During this time, the visiting commission must conduct a documentary check and issue an order to restore the violated rights. The violator may also be subject to administrative or criminal liability.
Complaint to the prosecutor's office against an employer: how to draft it correctly
When determining how to complain to the prosecutor's office, you should adhere to the same rules as in the previous case. The paper must necessarily contain a requesting part, in which the applicant sets out his demands regarding the punishment of the culprit. It is important to indicate only reliable information in the document, since the employer may face administrative, and in some cases, criminal liability.
A sample of such a complaint can be found below.
Litigation
The most effective way to achieve justice is to apply to the court for the restoration of violated rights, as well as compensation for material damage and compensation for moral damage. This is done by submitting a written request, accompanied by available evidence.
You can contact the judicial authorities no later than 3 months when a citizen learned or could find out about a violation of his rights.
Arbitrage practice
When going to court, all your demands must be argued and supported by evidence. Only then can you count on a positive result. And it can be expressed in:
- reinstatement of the worker at work;
- payment of compensation for forced absence;
- compensation for moral damage, etc.
Material liability
Financial liability, which applies to an employee (official), occurs in cases of damage to the employer’s property. In such situations, a certain amount of money is withheld from the employee, which fully covers the financial costs of the owner of the enterprise (based on Article 238 of the Labor Code of the Russian Federation).
An employer bears financial liability to a subordinate in the following cases:
- unauthorized removal from official duties, which resulted in financial difficulties;
- illegal dismissal or transfer to another job;
- delays in issuing a work book;
- entering an incorrect wording of the reason for dismissal into the work book.
In accordance with Art. 236 of the Labor Code of the Russian Federation, the employer bears financial liability to employees in the event of untimely payment of wages or other material compensation.
Why were such changes necessary?
The amendments are aimed at strengthening administrative responsibility for the management and operation of vehicles for transporting goods and (or) passengers without a tachograph and (or) in violation of the drivers’ work and rest schedule.
