Application to the prosecutor's office for an employer: download the form and sample for 2020

○ Which authorities can I contact if my employer does not pay wages?

If an employer does not pay wages, the employee has several options. First of all, you need to submit a written application to the management about the requirement to transfer the required financial resources and a warning about absence from work.

In case of delay in payment of wages for a period of more than 15 days, the employee has the right, by notifying the employer in writing, to suspend work for the entire period until the delayed amount is paid (Article 142 of the Labor Code of the Russian Federation).

If this measure does not bring results, you can contact the supervisory authorities with a demand to protect your rights. The application can be submitted to:

The prosecutor's office.
To the Labor Inspectorate.
To court.

Let's consider the features of contacting each authority.

✔ To the prosecutor's office

According to the Constitution of the Russian Federation, the prosecutor's office is a supervisory body that has the right to scheduled and unscheduled inspections of organizations. Non-payment of wages is one of the grounds on which you can apply here for protection. The procedure for filing a complaint is standard. The employee needs:

Visit the prosecutor's office at the place of registration of the organization in which he works.
Explain the situation to the prosecutor on duty or his deputy.
Write in front of him a written statement about the application of sanctions established by law to the employer.

A complaint can be submitted not only in person, the document can be sent by mail (by registered mail with a list of attachments).

✔ To the Labor Inspectorate

A body created to ensure the execution of employment contracts and verify their implementation. It can also conduct an inspection based on an employee’s application.

To initiate it, it is enough to write a statement in free form outlining the essence of the problem and a petition to protect your rights.

✔ To court

The main feature of going to court is the opportunity to receive not only delayed wages, but also compensation for moral and/or material damage. The amount of compensation is 1/150 of the Central Bank key rate, accrued for each day of delay, starting from the next day after the day established for payment of wages.

To start legal proceedings you need:

Draw up a statement of claim and send it to the court (take it in person or send it by registered mail).
Receive notification of its acceptance and registration.
Take part in the trial.

Note!
An employee who does not receive the required salary can file a complaint with one or several authorities. However, there is no provision for a gradual approach.

Procedure and terms for consideration of an appeal

After receiving a complaint, the prosecutor's office conducts an investigation. All activities are allotted 30 days (Part 2 of Article 10 of Law No. 2202-1). If additional study is not required, 15 days are sufficient to make a decision.

The check is carried out in several stages:

The prosecutor studies the legislative framework, practice in typical situations and determines the circle of people who need to be involved in the procedure.
Then the employer’s activities are checked on site and violations are identified.
Based on the documentation received, the degree of guilt of the employer is determined and the penalty is established.
Based on the results, a proposal is made to eliminate the identified violations and a deadline is set.
After the expiration of the established period, the prosecutor checks whether the representation has been executed.

There is no need to notify the employer about the inspection in advance. The prosecutor has the right to question employees and select written explanations.

Important! If during the inspection signs of a criminal offense are discovered, a criminal case is initiated. The inspection materials are sent to the preliminary investigation authorities.

○ How to make a statement to the prosecutor's office?

A complaint to the prosecutor's office is drawn up in free form, but taking into account the requirements

Federal Law of May 2, 2006 “On the procedure for considering appeals from citizens of the Russian Federation” No. 59-FZ and the norms of business correspondence.

If the written appeal does not indicate the name of the citizen who sent the appeal or the postal address to which the response should be sent, a response to the appeal is not given. If the specified appeal contains information about an illegal act being prepared, committed or committed, as well as about the person preparing, committing or committing it, the appeal must be sent to the state body in accordance with its competence (Part 1 of Article 11 No. 59-FZ) .

The application consists of several parts.

✔ Introductory part

In the upper right part of the document you need to indicate:

Full name of the prosecutor in whose name the application was made.
Details of the prosecutor's office.
Information about the applicant (full name, registration address and contact details).
Information about the employer (full name, registration address of the organization and contact details).

✔ Descriptive part

State the situation and indicate:

Details of the employment contract.
Salary amount and payment schedule.
The fact of non-payment (indicating the date from which the employer stopped accruing funds).
The total amount of debt.

✔ Final part

State your requirements, indicating a link to Art. 136 Labor Code , according to which salaries should be paid 2 times a month. The further text depends on the specific requirements requested by the applicant. It could be:

Initiation of a prosecutor's investigation.
Transfer of materials to the Labor Inspectorate to initiate an administrative case.
Transfer of materials to the court to initiate legal proceedings.

✔ Evidence

In this section you need to provide a list of attachments confirming the facts specified in the application:

Copies of the work book and contract (to confirm the existence of an employment relationship).
A copy of the complaint to the manager for non-payment of wages.
Refusal of the manager to fulfill the claim.
Calculation of salary arrears.

Options for filing a complaint with the prosecutor's office

Any citizen has the right to choose the form of filing an appeal to the prosecutor's office; you can file a complaint against the employer either by appearing in person at the prosecutor's office, or by sending a letter to the prosecutor by registered mail, or by sending an appeal electronically through a single portal of public services or the Internet reception of the relevant prosecutor's office.

If you file a complaint in person, then prepare it in two copies, give the first to the prosecutor’s office employee, and keep the second with a note of acceptance for yourself. Such a copy of the application with a note of acceptance will allow you, if necessary, to prove the very fact of filing a complaint with the prosecutor’s office, and secondly, to prove the date of filing the application (the period for which the prosecutor is obliged to consider the application and give his response starts from it).

If you send a complaint against your employer to the prosecutor's office by registered mail with an inventory and return receipt, then proof of filing the appeal and confirmation of its date will be a Russian Post receipt for payment for the registered mail.

If you want to file a complaint with the prosecutor's office against your employer electronically, you can use the website of your prosecutor's office, or the unified portal of government services. This format for contacting the prosecutor's office is established by Clause 2.8 of the Instruction, approved by Order of the Prosecutor General's Office of Russia No. 45 of January 30, 2013.

The advantage of filing a complaint via the Internet is that you can attach to it not only text copies of documents, but also photos, audio and video recordings, which would help the prosecutor’s office consider your appeal on the merits and help you restore violated rights in a labor dispute with employers. The following file formats are accepted for attachments: txt, doc, docx, rtf, xls, mp3, wma, avi, mp4, wmv, mov, pps, ppt, pdf, jpg, bmp, png, tif, gif, pcx, odt, ods .

We recently published material on how to file a complaint to the prosecutor’s office online in electronic form; you can read the detailed instructions and ask your questions in the comments.

Please note that regardless of which option for filing a complaint you choose, the prosecutor's office has 30 days to consider your appeal; by the end of this period, the prosecutor must provide an answer on the merits of your complaint against the employer.

○ Advice from a lawyer:

✔ Contacted the prosecutor's office regarding non-payment of wages. The application was rejected without explanation. What to do in such a situation, is it possible to complain somewhere?

In this situation you can:

File a complaint about the refusal to consider the application addressed to the head of the department.
Submit a statement of claim to the court.

✔ The employer refuses to pay wages. Is it possible to contact the prosecutor's office and the labor inspectorate at the same time? Do I have the right not to work until my salary is paid in full?

Yes, you can send two applications - to the prosecutor's office and to the labor inspectorate. You may not go to work if the delay in payment is more than 15 days, unless you:

Civil servant.
You work in the life support sector and in hazardous industries.
Serve in government forces (army, rescue squad, etc.).
Occupied in a territory under martial law or danger.

You must provide management with written notice of your intention not to report to work until you receive your salary.

Published by: Vadim Kalyuzhny , specialist of the TopYurist.RU portal

How to anonymously complain about an employer to the prosecutor's office

If you work at an enterprise where your labor rights are violated, you want to complain about it, but you are afraid of dismissal, then a logical question arises - is it possible to anonymously complain about the employer to the prosecutor's office?

The answer is no, you cannot anonymously complain to the prosecutor’s office about your employer! If the appeal does not contain the applicant’s full name and contact information, the prosecutor’s office will not consider such an anonymous letter. The only exception is crimes when you have witnessed a crime at your enterprise - you can complain about this fact anonymously, after receiving such a signal the prosecutor's office will forward this message to law enforcement agencies.

To summarize, it can be noted that you can defend your rights established by the Labor Code of the Russian Federation and other labor standards both in the divisions of the Federal Service for Labor and Employment of the Russian Federation, and in the prosecutor's office, which is authorized to initiate cases of administrative offenses of officials of enterprises, is authorized to issue orders on eliminating violations of labor legislation, to which both commercial and government employers are required to respond immediately.

Procedure for drawing up an application

The application must be submitted to the prosecutor's office of the district in which the legal entity is registered, and not at its actual location.

The application must contain the following information:

Full name of the prosecutor's office.
Details of the applicant (last name, first name, patronymic, address, telephone).
Employer details (company name, legal address, telephone);
Description of the circumstances that led to the violation of the law.
It is advisable to indicate the incorrectly applied rule of law, that is, to indicate which specific rights were violated.
In the petition part, the requirements should be succinctly formulated.
It is advisable to attach documents confirming the fact of violation to the application.

The statute of limitations for a claim for illegal dismissal is one month, for other reasons – three months. Such a short period compared to the general claim periods requires immediate filing of an application. If the first application is submitted to the wrong authority, which has jurisdiction over such cases, you should still have time to apply again.

Most labor disputes with employers are dealt with by a specially created commission, which you should contact first. An application to the prosecutor's office must be drawn up in cases where the commission does not undertake to resolve the problem.

Procedure for drawing up an application

The application must be submitted to the prosecutor's office of the district in which the legal entity is registered, and not at its actual location.

The application must contain the following information:

Full name of the prosecutor's office.
Details of the applicant (last name, first name, patronymic, address, telephone).
Employer details (company name, legal address, telephone);
Description of the circumstances that led to the violation of the law.
It is advisable to indicate the incorrectly applied rule of law, that is, to indicate which specific rights were violated.
In the petition part, the requirements should be succinctly formulated.
It is advisable to attach documents confirming the fact of violation to the application.