Sample complaint to the State Labor Inspectorate for non-payment of salary upon dismissal

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To the Head of the State Labor Inspectorate in _________ region

__Name of the head of the inspection_______________

From Ivanova Ivana Ivanovna

(your actual address of residence)

house. tel. ______________________________

in relation to (name of employer) at:

How to properly file a complaint

The law does not define a clear model for this type of complaint, so the format does not have a strict form - the presentation is free. Despite this, some drafting standards should still be followed.

Introductory part

All possible details are indicated in the document being drawn up. This is necessary to initiate a review of the legality of the legal entity’s actions.

What information to provide:

• indicate in full, in accordance with the statutory documents, the name of the structure to which the appeal is addressed (for example, it could be the State Labor Inspectorate of St. Petersburg);
• full name of the party against whom the complaint is being filed. This can be either an organization or a specific individual entrepreneur. The legal address should also be indicated;
• identify yourself as an applicant - indicate your full name, response address, contact phone number and other contact information.

Note! The inspection will not consider messages if they do not contain the applicant’s data. This complies with the rules and is completely legal.

All appeals on behalf of a group of persons must involve their listing. This way you can see on behalf of whom the application was submitted.

Descriptive part

Violations of the rights of its employees committed by the employer are listed here. Provide information accurately and concisely (to the point).

When describing the situation, please include the following information:

• When exactly the employee was employed, the date of official registration for work must be documented. The same is true when indicating the fact of dismissal, if the complaint is related to failure to pay the employee in full;
• what position the applicant held;
• when was the last official payment settlement made to the employee;
• on what day should wages be paid (this point is set out in the employment or collective agreement; as an option, contact the specialist responsible for salary accruals for information);
• what method is determined by the parties for transferring wages to an employee (crediting to a bank account, issuing through a cash register in cash, etc.);
• the total number of days of delay in payment (indicated at the time of document execution);
• the amount of money due to the employee as payment for his work (when part of the salary is not paid, indicate the exact amount);
• describe exactly what the employer explained about the violation when contacting him in writing.

Final part

In it, the applicant describes the exact requirements put forward upon applying to the inspection:

• demand that the violator immediately eliminate the resulting debt and pay the appropriate amount as compensation for the delay in payment (to determine the amount, 1/300 of the refinancing rate is taken from the amount earned for each day of non-payment). The inspectorate formalizes such a decision in the form of a separate order and transmits it to the employer;
• bring the violator to administrative responsibility in accordance with the Code of Administrative Offenses of the Russian Federation (Article 5.27);
• If the fact of violation is confirmed, bring the culprit to justice if there is a crime under Art. 145.1 of the Criminal Code of the Russian Federation (non-payment of wages and other payments). To do this, the inspectorate sends the materials collected during the inspection to the law enforcement agency, so that the service can resolve the issue of initiating a case on the fact of deliberate actions.

When presenting the circumstances, refer to legal norms. It can be indicated that the employer intentionally, contrary to the obligations established by Art. 236 of the Labor Code of the Russian Federation, did not pay compensation, although there was a fact of delay in payment.

Written complaint to management for non-payment of wages

Perhaps the most adequate and correct first step in the situation under consideration is filing a written claim (complaint) with the employer. It can be individual (from one person) and collective (i.e. from a team, several workers).

The claim is drawn up in any form, but, nevertheless, in compliance with the basic requirements of office work. As a basis, you can take the structure of any application, which is usually written in the name of the employer, and, by analogy with it, draw up a complaint.

Thus, a written complaint to the employer must consist of a “header” (the top of the document), a heading (in the middle), a main part and a final part. It must include the following information:

1. Name of the organization, full name, position of the head of the organization (to whom the claim is addressed).
2. Personal information of the applicant (full name, position, department) who wrote the complaint.
3. The standard name of the document is “Claim” (“Complaint” or “Application”).
4. The essence of the question: a description of the situation related to non-payment of money, your arguments, claims with reference to specific articles of the Labor Code of the Russian Federation.
5. Requirements for the employer: pay the money within such and such a period, along with monetary compensation for late payment (otherwise).
6. Deadline, method of providing a response to the claim (for example, send to home address).
7. A warning that if the employer does not satisfy the requirements, the applicant will appeal to higher authorities (GIT, prosecutor's office, etc.).
8. Date of writing, signature of the applicant.

To confirm your arguments, claims, demands, you can refer to the terms of the employment agreement, the order of employment. At a minimum, it is recommended to mention the provisions of Art. 136 and 142 of the Labor Code of the Russian Federation (see about them above), as well as Art. 22 of the Labor Code of the Russian Federation (employer’s obligations to pay wages). This claim can be submitted in person (to the employer’s reception desk) or sent to its addressee by mail.

It should be noted that even if the employer does not comply with the requirements, the applicant will already have a reasoned response (or refusal) from the employer, with which he can proceed further by contacting other authorized authorities. This will be both the basis for subsequent appeals and documentary evidence of the (possibly unlawful) actions of the employer.

The corresponding evidence base can then be attached to this answer. It usually includes: a certificate of earnings, a copy of the work book, an employment agreement, and other documents about the work (position, qualifications, recording of working hours, etc.). The employee has the right to demand their issuance from the employer.

When can you complain?

Labor legislation states that an employee has every right to file a complaint against his employer if he is not paid the due amount of salary:

• As soon as the day comes following the approved day for issuing money to the employee for payment of his work (you need to check with the salary schedule). For example, an employee can receive payment in two payments (advance payment and salary) - one is issued on the 1st, and the second on the 15th;
• If the dispute concerns issues of dismissal, then a complaint regarding it can be sent within one month from the date when all documents were handed over to the employee against signature;
• For 3 months from the moment when the employee became aware that his rights were violated by the employer (this period is determined by Article 392 of the Labor Code of the Russian Federation).

You can send your complaint regarding a labor offense to the inspectorate even if the employee did not have time to submit the statement of claim to the court (the deadline is restored in some situations).

A complaint may be considered by the inspectorate in parallel with the conduct of a trial regarding the violation. The State Labor Inspectorate is authorized by law to conduct investigations into all violations of labor law.

How to write a complaint (sample and features)

What should be done first if the employer violated labor rights, for example, by not providing payment on time? The first thing you should do is write him a written complaint stating that by his actions the head of the enterprise is violating legal norms.

In a claim regarding the payment of wages, you should indicate :

1. The header of the application (from whom and to whom the appeal is intended).
2. Information about the employee, his length of service, position, date of employment (in case of dismissal, the date of termination of work should also be indicated).
3. The essence of the claim (amount of debt, list of laws violated, demands for debt payment).

As a rule, one such statement is enough for the employer to repay the debt on unpaid wages, since such a violation of the Labor Code of the Russian Federation threatens him with serious sanctions from regulatory authorities.

The management of the enterprise is obliged to respond to the application within 10 days from the date of receipt of the application. If the employee refuses to accept the complaint, he or she may send a statement by mail.

In the claim, the applicant must indicate the calculation procedure, the total amount of debt and the amount of the penalty for each late payment day. It is also worth writing about where the response should be sent and what measures will be taken if the application remains unattended. By the way, an employee has the right not to go to work if the non-payment of wages is more than 15 days.

The document is available for download

Is it possible to complain anonymously?

Any anonymity is contrary to the law; such complaints will not be taken into account, they simply will not be considered!

But what to do if an employee wants to write a complaint, but due to fears of subsequent bias of management towards himself, he does not want his personality to appear during the audit. In this way, you can harm your career.

The solution is to clearly define in the complaint a request to keep personal data unknown to the violator. The applicant has this right of confidentiality, and if he wishes, data on the initiation of his application for verification will not be disclosed without his personal permission.

General provisions

According to statistics, every second person whose work experience is more than 10 years has encountered violations of labor laws by their employer. The most common violation is non-payment or delay of wages . In order not to be left without your hard-earned money, you must file a complaint with the Labor Relations Inspectorate.

Often people are afraid to contact regulatory authorities for fear that they will be fired. But there is a way to submit an appeal in which the employer does not even know the applicant’s name.

According to Art. 358 Part 2 of the Labor Code of the Russian Federation, when contacting the labor inspectorate, the applicant has the right to ask not to disclose his data to third parties (the employer).

The timing of payment of wages is regulated by Article 140 of the Labor Code of the Russian Federation. If these deadlines are violated, the employer may face liability under Article 145.1 of the Labor Code.

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Powers of the labor inspectorate

The Labor Inspectorate is a government agency created to monitor compliance with labor law and resolve labor disputes between employees and employers. The main issues that are regulated by the GIT :

• Registration of labor relations;
• Compliance with labor law standards;
• Compliance with vacation schedules;
• Monitoring compliance with labor safety standards;
• Issues related to working hours and days off;
• Disputes regarding the payment of wages, vacation pay, sick leave, and dismissal pay.

If an employee applies to the State Tax Inspectorate, at his request, the enterprise conducts an inspection, as a result of which the employer may be required to eliminate violations, issue a fine, or even suspend the company’s activities.

Not only a current employee, but also a former employee of the enterprise can apply to the State Tax Inspectorate. In this case, an application can be submitted even if a year has passed since the dismissal.

Contacting this agency can significantly speed up the process of resolving a conflict situation, as well as protect the interests of workers.

Find out how to contact the labor inspectorate by reading the special material.

Methods for filing a complaint with the Labor Inspectorate

The applicant independently chooses the method convenient for him to file a complaint against the employer.

He can contact the inspection:

• by directly visiting the inspection department on the territory;
• by sending the document by postal service (the application must be sent by registered mail);
• by filling out the electronic application form provided on the official website of the inspection (onlineinspektsiya.rf/problems). Attachments to the document should be scanned in advance and sent along with the complaint.

What should be included with the complaint?

When drawing up a complaint, at the end of the letter you must write down a list of attached materials and attach it along with the application for sending to the State Tax Inspectorate.
Materials that are required to be provided to the State Tax Inspectorate in addition to the application:

1. A photocopy of the employment contract concluded during employment.
2. A photocopy of the applicant's passport.
3. If a complaint is filed regarding dismissal, then the following is additionally provided:

• A photocopy of the deduction order.
• A photocopy of the work book.

All documents must be prepared in 2 copies, so that upon personal delivery of the complaint, the State Tax Inspectorate employee who accepted the documents signs in the second copy for their acceptance, indicating the date of acceptance.

If the application is sent by mail, then you need to do it by registered mail, with a list of the attachments, and a notification of delivery to the addressee.

What are the powers of the State Tax Inspectorate and what does it check?

The State Inspectorate is legally authorized to:

• ensure full control over strict compliance with labor laws;
• consider all cases relating to administrative offenses in the field of labor (according to certain powers);
• issue official orders demanding the elimination of labor violations;
• prepare and collect materials to subsequently bring guilty employers to justice;
• redirect all collected information to executive and judicial authorities, law enforcement agencies.

If a complaint is filed against an employer, the inspectorate checks whether a violation has occurred.

Reasons for verification may include:

• cases of untimely payment of wages or their complete non-payment, lack of compensation in the process of dismissal of an employee;
• situations where the employer violates the approved work schedules and vacation calendar of employees, no breaks are provided during the working day;
• the occurrence of cases of injury to workers during the production process, violation of labor safety standards established by law;
• erroneous calculation of various payments (insurance, sick leave, etc.);
• situations when an employee is forced to work in a position that does not comply with the contract (the position specified in the employment contract does not correspond to the one actually occupied, is not provided at all, or there are other violations of labor legislation).

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Causes of labor disputes

Most often, violations of labor legislation are related to the procedure for employment, dismissal and payment of wages. The reason for a dispute with the employer and filing a complaint with the supervisory authorities may be:

• Failure to provide an employee with the required leave or pay for it;
• Dismissal without explanation, deprivation of bonuses, delay or non-payment of wages;
• Refusal to formalize an employment contract;
• No additional fees for overtime work.

There are many other reasons for contacting , for example, the labor inspectorate or the prosecutor's office. What should you do if an employee or an entire team of an enterprise is delayed in wages or paid in installments over a long period of time?

What do you need to know about the procedure for paying wages in accordance with the Labor Code of the Russian Federation? Payment must be made twice a month on the same date. Delays of more than two weeks are unacceptable. For each day of delay, the employee is charged a penalty in the amount of 1/150 of the rate of the Central Bank of the Russian Federation of the amount of unpaid salary.

Often, conflicts about non-payment of wages are limited to just one conversation with the employer and a hint of filing a statement with the supervisory authorities. But if the manager still violates the rights of his subordinate, then the latter should file a complaint. Read below about how to do this and where to submit it.

Time limit for consideration of the complaint on the merits

A response to the issue raised by the complaint must be sent within 30 calendar days.

If there are valid reasons, the time for preparing a response is extended, but the applicant is warned about this in writing.

A prepared response is sent to the address that the applicant indicated in the document (in electronic form - by email, in written form - by mail).

The absence of the sender's coordinates and personal data in the document is regarded as a sign of anonymity. Such requests will not be considered.

How is overtime paid under the labor code?

Read how to file a lawsuit against your employer here.

How to draw up an agreement to terminate an employment contract by agreement of the parties, read the link:

How can I file a complaint?

The applicant has the right to submit documents in person, use the services of a representative, send them by mail or online. Let's take a closer look at each method.

Personally

When contacting the labor inspectorate in person, it is recommended to make two copies of the application. One is transferred to a specialist for registration. On the second he puts the incoming stamp and signature.

Through a representative

If it is not possible to visit the department yourself, the issue of submitting documents should be entrusted to a representative. To vest him with the appropriate powers, a notarized power of attorney is drawn up. A copy is presented to the inspection specialist along with other documents.

By mail

The applicant has the right to send a complaint by mail. The shipment must be issued in the form of a registered letter with notification and a list of attachments. When receiving documents, the department specialist will put the date of receipt of the correspondence and signature on the notice. After returning the notification counterfoil to the applicant, he can be sure that the documents have been accepted for consideration.

Can I submit anonymously through the online service?

A citizen can submit an appeal through the labor inspectorate website. Currently, an electronic application form is available in all departments. It is enough to fill out the personal information, indicate the reason and method of obtaining a response.

Anonymous requests will not be considered. At the same time, the employee has the right to request that during the inspection the employer not be informed of his involvement in this event.

What decision can be made on a complaint?

As soon as the investigation stage of the complaint is completed, a separate report is issued. If a violation of the law is confirmed, the employer will have to bear responsibility.

The inspectorate reacts to confirmed violations as follows:

• issues an order - it contains requirements for the immediate elimination of labor violations;
• an administrative protocol is drawn up, which records the fact of confirmation during verification of violations (according to the authority of the service);
• An employee who violates labor standards is suspended from performing his duties. The inspectorate has the right to temporarily suspend a separate group of employees and even all personnel from performing work;
• prepare a package of documents based on the results of the inspection to further bring the perpetrators to justice;
• transfer the collected materials for further consideration and decision-making to the relevant services and bodies: law enforcement, the court, local authorities.

Important! If a document indicating the fact of violations cannot be considered by the inspectorate, within one week it is redirected to the appropriate structure authorized to conduct an inspection on the issue raised. The applicant is notified in writing of the fact that the application has been transferred to another service.

As soon as all the circumstances of the case have been studied and an inspection has been carried out, the applicant is informed about its results. The response must contain information about whether the violation indicated by the applicant has been confirmed. Additionally, it provides information about the measures taken against the violator.

If the inspectorate cannot provide a citizen with an answer to his appeal, all points are explained to him in detail: who can help him with a specific issue, and how his labor rights can be restored.

The information obtained by the inspectorate during the inspection can be used as evidence in the process of considering a labor dispute in court.

Complaints are also filed by interested parties to the inspection management, the Prosecutor's Office or the court.

Case resolution practice

In May 1017, the labor inspectorate received an appeal from citizen M.G. Konovalov, in which he indicated that the employer company Kanord LLC had not paid wages to employees for 2.5 months . To support his words, the applicant provided a certificate of income.

The territorial department of the inspection carried out an on-site inspection, during which it was confirmed that the employer was violating paragraphs of Article 140 of the Labor Code of the Russian Federation.

As a result, a fine was imposed on the employer , and an order was issued to eliminate the violations. Within 2 weeks, the workers received their money for the entire 2.5 months. Since when writing the appeal, Mr. Konovalov exercised the right prescribed in Article 158 Part 2 of the Labor Code, the employer did not find out who the complaint was from, and the applicant remained working at the enterprise.

If wage payments are delayed by more than 2 weeks, the employee has the right not to go to work, having previously notified his superiors.

Mr. Konovalov had the opportunity to go to court to recover compensation from the employer; as a rule, in such cases, the courts satisfy the workers’ claims, but since he remained working at his old place, he did not do this.

What are the consequences for an employer of non-payment of wages to employees?

What awaits the employer if he delays an employee’s salary or does not pay it at all?

Responsibility under the Labor Code of the Russian Federation:

• The employee’s work is suspended until the entire unpaid salary is reimbursed if the delay is more than 15 days. At the same time, the employer is obliged to continue to pay the employee the usual payment for his work for the entire period until full payment (Article 142 of the Code);
• The employee whose rights have been violated is compensated for the entire delayed salary. Interest is paid to the employee based on 1/300 of the Central Bank rate (Article 236 of the Code).

Responsibility under the Code of Administrative Offenses of the Russian Federation:

• The fact of non-payment of wages is considered an administrative offense. At the same time, different fines are imposed for different categories of guilty persons. Responsible persons will be fined 10-20 thousand rubles, individual entrepreneurs - 1-5 thousand rubles, legal entities will be fined 30-50 thousand rubles. (clause 6 of article 5.27 of the Code);
• Repeated failure to pay an employee the wages due to him is regarded as an administrative offense. If specific responsible persons are identified, they will pay up to 20-30 thousand rubles. fine (option - disqualification for a period of 3 years), the individual entrepreneur faces a sanction of 10-30 thousand rubles. For legal entities, everything is much more serious - 50-100 thousand rubles. (Clause 7, Article 5.27 of the Code).

Responsibility under the Criminal Code of the Russian Federation:

• One of the criminally prosecutable acts is the payment of wages to an employee not in full for a period of more than three months in the presence of mercenary motives. Responsibility: imposition of a fine in the amount of 120 thousand rubles; deprivation of the right to hold a position or conduct activities for a period of up to 1 year; forced labor for up to 2 years; imprisonment of the perpetrator for up to 1 year (clause 1 of Article 145.1 of the Code). Note: non-payment may be considered partial if the amount given is less than half of the due amount;

• The second most serious offense is the commission of complete non-payment of wages to an employee for a period of more than two months, in the presence of a selfish motive. The criminal will face the following penalties: a fine in the amount of 100-500 thousand rubles; forced labor for a period of 3 years along with deprivation of the right to hold positions and conduct activities for up to 3 years (at the discretion of the court); a prison term of up to 3 years, together with the above additional punishment at the discretion of the court (clause 2 of Article 145.1 of the Code).

Watch the video. How to file a complaint with the Labor Inspectorate online:

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Drawing up a collective complaint

There are situations in production when wages are not paid to all employees or some of the employees. Before writing a letter to the labor inspectorate about non-payment of wages, they should decide on a common position on the controversial issue. All parties to the conflict must agree with its content, which is certified by their signatures. The mechanism for filing a claim is no different from an individual appeal.

Advice! The advantages of the collective form of presentation are the objectivity of the situation, the absence of contradictions in the assessment of the problem, as well as the mass nature, which makes it possible, in case of unsatisfied requirements, to involve the media to explain the consequences for the employer.

Without an agreement

Often citizens, while carrying out their work activities, do not enter into an employment agreement. However, this does not give the employer the right not to pay him wages.

It also happens that the salary received does not correspond to that shown in the employment agreement when applying for a job.

Difficulties especially arise when there is still no employment contract. The problem of wages paid in envelopes is still acute. And if an employee who carries out his duties without a contract is not paid a salary, he still needs to write a complaint to the prosecutor’s office about non-payment of money without a contract.

The application is completed in the same way as described in the previous section. The problematic point in resolving this dispute is that the applicant is faced with collecting evidence of the reliability of the fact that he worked in the institution.

• How to prove the amount of unpaid wages?
• How to prove the date from which he began working in the institution and the date of his dismissal?

The only way to positively resolve this problem is to search for witnesses who can provide evidence confirming the work of the citizen who filed a complaint.

List of papers that are attached to the application

At the end of the text of the complaint, the citizen gives a list of papers that he attaches as confirmation of his words.

Typically the list consists of the following items:

1. An employment contract and a book - to confirm the existence of a working legal relationship, the date of its beginning (and end).
2. An order from an organization to dismiss an employee.
3. Identity document – ​​the victim’s passport.

All documents are provided in the form of a copy, the originals remain with the owner.

The letter is also dated and signed by the employee. The finished document is sent to:

• by registered mail, this is not necessary, but is recommended to confirm the fact of sending and receipt by the addressee;
• personally through the IT office;
• through the form on the TI website.

It is worth communicating in IT immediately. Since according to Art. 392 of the Labor Code, if three months pass from the date of violation, there will be a failure to comply with the statute of limitations.

When a person describes a situation, he should adhere to the rules of business communication. Facts should be presented, not emotions and a subjective attitude to the current state of affairs. It is better if each statement is supported by documentation. It is also appropriate to present the circumstances in chronological order. You should write succinctly and concisely, without emotion.

In order to submit an application in person, you need to submit two copies. One is transferred to the labor inspectorate, and the other remains with the applicant. In this case, each paper is marked with the date of acceptance and a number, which is written in the incoming correspondence of the authority.

When sending by post, the citizen is given a receipt confirming receipt of the letter by the addressee. The latter confirms receipt when he opens the envelope and makes sure that all the documentation specified in the inventory is available. The date of transmission and the name of the person responsible for receiving it are indicated on the counterfoil.

We recommend you study! Follow the link:

In what cases is study time included in work experience?

If the previous two options are not suitable, you can go to the Internet and fill out an application electronically, online, through the official website of the State Labor Inspectorate. To do this, you need to find the desired region on the website and select the “public reception” item. Windows will appear to fill out: to indicate the topic and essence. It is also possible to attach files, for example, scanned copies of documents.

The subject should be indicated as “non-payment of wages” or “lack of payment upon dismissal,” etc. The same recommendations apply to the main text as to the paper version, since this is an equivalent document that has the same legal force.

If during the review process it turns out that the issue does not fall within the competence of IT, the letter will be forwarded to the necessary structure, and the applicant will be notified about it. The paper will be redirected within seven days. A citizen can also indicate how it is more convenient for him to receive a response: by email or home address.

IT has the right not to respond to letters that contain insults or threats.

Common mistakes in disputes related to non-payment of earnings

Error 1. Not all employees can suspend work if wages are not paid. The following persons do not have the right to take such actions: civil servants, workers employed in particularly hazardous industries, as well as in work related to the livelihoods of the population.

This restriction also applies to military personnel, law enforcement officers, rescue, fire, search, etc. structures. During periods of emergency (martial) this prohibition applies to all working citizens.

Answers to frequently asked questions

Question No. 1: In an organization, employees are given a monthly advance payment on the 25th and a salary on the 10th. Accordingly, the advance must be paid on August 25, 2020, and the remaining salary on September 10, 2020. But August 25 is a day off, Sunday, and the employer is going to postpone the payment to the next week. Is it possible to require him to make the payment before the weekend? On what date is the employer required to give employees an advance according to the Labor Code of the Russian Federation?

In the situation under consideration, one should be guided by the norms of Art. 136 Labor Code of the Russian Federation. It clearly states that if the payment of wages coincides with a weekend or other non-working day, the employer must pay the employees on the eve of this day.

It follows that since August 25 is a Sunday, then money must be given to employees the day before, i.e. 08/23/2020. Therefore, workers, in principle, can quite reasonably put forward a demand for the payment of wages on the eve of the weekend, referring to the norms of this article.

Question No. 2: Is it possible to suspend work if wages are not paid without notifying the employer in writing?

No, it’s not possible, because according to the Labor Code of the Russian Federation, you first need to inform the employer about this in writing. Without notification, these actions are considered a violation of labor discipline. As a sample when writing a notice, Rostrud recommends using the following form (see link above).