In the course of the activity of each employee, conflicts with employers may arise if labor rights are violated. Most often, such situations are resolved peacefully within the labor collective. However, sometimes it comes to the point that a complaint to the labor inspectorate is required.
The State Labor Inspectorate and, accordingly, its regional branches are intended to:
Consider appeals of citizens who have declared violations of their labor rights;
Take measures to eliminate found violations and restore violated rights.
Based on this brief list of inspection functions, it becomes clear that we are talking about almost any violation of labor laws. As a result, a complaint to the labor inspectorate can be filed in cases where:
This list is not closed and allows the emergence of new reasons for contacting the inspection. For example, a candidate for a position can also complain about an employer if he was denied employment under a far-fetched pretext. Moreover, if the violations are massive, then a collective complaint to the labor inspectorate may be necessary. The inspection in such cases checks employers with redoubled energy. 
At the head of the entire hierarchy is the Federal Service for Labor and Employment, or Rostrud for short. Lower in rank are inspectorates that perform their functions in the constituent entities of the Russian Federation, even lower - in cities and regions.
To file your claims, just write a complaint to the labor inspectorate, which is in charge of the address of the employer's location. Higher authorities should be contacted if the result of the consideration does not satisfy the applicant. The address of the local inspectorate can be found in the telephone directory or on the Rostrud website.
Until recently, there were two ways to file a complaint with the labor inspectorate:
The document should be printed in two copies. In the first case, the second copy will have a mark of acceptance for consideration by the inspection, in the second case, a return receipt will be attached to it.
However, Internet technologies have made it possible to add another very convenient way to those listed - electronic. Rostrud has launched a service that can be used to file a complaint with the labor inspectorate online, that is, from its website, you can immediately contact the inspectors. And here, in turn, you can use two options:
In all cases, it is advisable for a citizen who makes such applications for the first time to consult with competent persons. Usually, in such cases, a specialist of the territorial inspectorate will be able to help, who will tell you which articles of laws to rely on. So, the labor inspectorate of Moscow, for example, allows you to write a complaint right in its office.
The wording of the claim must be clear and not ambiguous. You should specify:
This list is, of course, not final. Quite often, employees complain about working conditions, vacation delays and other similar circumstances that do not cause visible material damage.
To confirm the correctness of the applicant, it is highly desirable that the complaint to the labor inspectorate be supported by weighty arguments. Documents are usually used as such.
There is no strict list of them, but from the documents available to the employee, you can submit to the inspection:
Filing a complaint with the labor inspectorate must be accompanied by copies of the above documents. The originals must be kept for possible further litigation. 
There is no strict form of complaint to the labor inspectorate. But the text must contain the following details and information:
As a result, a sample complaint to the labor inspectorate will look something like this:
State Labor Inspectorate of ___________
Head ________________________________
from ______________________________________________,
living ___________________________________________
tel. _____________________ (specified if
communication required)
Until _______ (date) I worked at the enterprise ___________ (company name and address) in the position of _______. The head _________ (full name) fired me _______ (date and order number) under a far-fetched pretext. Thus, my rights specified in article _____ of the Labor Code were violated.
I ask you to take measures to restore the violated rights and reinstate me at work in my previous position.
Copies of documents are attached:
Date ___________________ Signature ____________________ Full name
Of course, this is just an example of a complaint to the labor inspectorate, and the essence of the claims may be completely different. 
The complaint received will become an indispensable basis for conducting an audit of the actions of the employer. From the practice of the work of inspectors, it can be seen how the labor inspectorate checks on a complaint.
1. First, the existing composition of documents will be examined. In other words, the inspectors will check whether all the necessary documents are available. This refers to the collective agreement, staffing, labor regulations, employment contracts, timesheets, payslips, provisions on bonuses and bonuses, sick leave register, vacation schedules. However, the interests of the inspectors will not be limited to this list: they will certainly need work books and a book on accounting for their movement, personal cards.
If the complaint contains complaints about working conditions, then they will also check labor protection.
2. Then the correctness of the execution of the existing documents will be checked. Particular attention will be paid to employment contracts, which may contain the following shortcomings:
Employees who get a job should pay attention to the fact that they conclude labor contracts, and not civil contracts, as is often the case. In the latter case, the employer makes life easier for himself and avoids paying personal income tax and insurance premiums. A citizen will have to submit a tax return himself. If the labor inspectorate receives a complaint about this, then the employer will face serious sanctions: in addition to having to pay "saved" taxes and contributions, he will pay penalties and fines. 
In rare cases, a complaint to the labor inspectorate remains without consequences. Sanctions still apply, but they depend on the severity of the violations. Inspectors have very broad powers of punishment, and they can and have the right to:
The result of the work of the inspectors will be an inspection report, to which, if violations are found, an order is necessarily attached to eliminate them with specific deadlines. The act will then review the leadership of the inspectorate and decide on punishment or no punishment. The resolution will be communicated to the management of the organization and to the applicant (if the complaint is not anonymous). The term for considering a complaint by the labor inspectorate is 30 days, counting from the moment it was received by the inspectors. You can extend it, but only for another month, no more. 
The system of appeal in state institutions is designed in such a way that it is not recommended to step over your head. This means that if you disagree with the results of the audit, you should first appeal to a higher authority, that is, to the republican, regional or regional labor inspectorate.
At the same time, no one forbids immediately suing the employer, however, as mentioned above, local courts will involve local inspectors as experts.
There is another resource that is very widely used when seeking fairness in labor relations. This is the prosecutor's office. Law enforcement officers of this department are especially fond of questions on wages and act in court on the side of the injured persons.
In some cases, employees, wanting to complain about the illegal actions of the employer, want their name not to appear anywhere during the check. Note that if a complaint is received anonymously by the labor inspectorate, then it cannot be considered by law.
But the labor inspectorate provides some substitute for the incognito. In the text of the complaint, you can indicate the desire to remain unknown to the public. Inspectors will be required to maintain secrecy. In addition, they will check the organization for all employees, and it will be impossible for the employer to understand who wrote the application.
The applicant was accepted for the position of sales consultant in the organization. The applicant was dismissed of her own free will. However, until now, the applicant has not been paid wages and has not been issued a work book. The applicant asks to consider this complaint on the merits. Restore the violated rights of the applicant and hold the perpetrators accountable.
To the State Labor Inspectorate
G. _________,
the address: ______________________
____________________________
the address: ______________________
A COMPLAINT
On ___________, I, ___________, was hired as a sales assistant in the spare parts department of ________ LLC, which was recorded in the work book, and is confirmed by an employment contract dated _________, with an official salary of _________ rubles.
After the conclusion of the employment contract, I performed my duties in good faith. For the entire period of implementation of their labor duties, there were no comments on work and disciplinary sanctions. Nevertheless, my rights were violated by the employer.
So, by order of ________, I was dismissed of my own free will. However, until now, I have not been paid wages and have not been issued a work book.
In accordance with Article 140 of the Labor Code of the Russian Federation, upon termination of the employment contract, payment of all amounts due to the employee from the employer is made on the day the employee is dismissed. If the employee did not work on the day of dismissal, then the corresponding amounts must be paid no later than the next day after the dismissed employee submits a request for payment.
In accordance with Art. 140 of the Labor Code of the Russian Federation, on the day of dismissal, your company must pay all the amounts due to me from the employer, including wage arrears.
To date, salary arrears for ___________ years is __________ rubles.
To repeated requests for payment of debts during my work, the employer receives rude answers, which can be considered as an unreasonable refusal to pay the money due to me.
I believe that the actions of ________ LLC are aimed at violating my rights guaranteed by Art. 21 of the Labor Code of the Russian Federation, and for failure to comply with the law assigned to you, Art. 22 of the Labor Code of the Russian Federation, duties.
So, in accordance with Art. 21 of the Labor Code of the Russian Federation, an employee has the right to:
conclusion, amendment and termination of an employment contract in the manner and on the terms established by the Labor Code, other federal laws;
timely and in full payment of wages in accordance with their qualifications, complexity of work, quantity and quality of work performed;
full reliable information about working conditions and labor protection requirements at the workplace;
protection of their labor rights, freedoms and legitimate interests by all means not prohibited by law;
resolution of individual and collective labor disputes, including the right to strike, in accordance with the procedure established by the Labor Code and other federal laws;
compensation for harm caused to him in connection with the performance of labor duties, and compensation for moral damage in the manner prescribed by the Labor Code, other federal laws.
In turn, in accordance with Art. 22 of the Labor Code of the Russian Federation, the employer is obliged:
comply with labor legislation and other regulatory legal acts containing labor law norms, local regulations, terms of the collective agreement, agreements and employment contracts;
provide workers with equal pay for work of equal value;
pay in full the wages due to employees within the time limits established in accordance with the Labor Code, the collective agreement, internal labor regulations, labor contracts;
compensate for harm caused to employees in connection with the performance of their labor duties, as well as compensate for moral damage in the manner and on the terms established by the Labor Code, other federal laws and other regulatory legal acts of the Russian Federation;
perform other duties stipulated by labor legislation and other regulatory legal acts containing labor law norms, a collective agreement, agreements, local regulations and labor contracts.
I want to note that the legislation provides for liability for violation by the employer of the rights of the employee.
According to Art. 142 of the Labor Code of the Russian Federation, the employer and (or) representatives of the employer authorized by him in the prescribed manner, who have allowed a delay in the payment of wages to employees and other violations of wages, are liable in accordance with the Labor Code and other federal laws.
In accordance with Art. 236 of the Labor Code of the Russian Federation, if the employer violates the established deadline for paying wages, vacation pay, dismissal payments and other payments due to the employee, the employer is obliged to pay them with interest (cash compensation) in the amount of not less than one three hundredth of the Central Bank refinancing rate in effect at that time the Russian Federation from the amounts not paid on time for each day of delay, starting from the next day after the due date of payment until the day of actual settlement, inclusive. The amount of monetary compensation paid to an employee may be increased by a collective agreement or an employment contract. The obligation to pay the specified monetary compensation arises regardless of the fault of the employer.
According to part 1 of Art. 145.1 of the Criminal Code of the Russian Federation, non-payment of more than two months of wages, pensions, scholarships, allowances and other payments established by law, committed by the head of an organization, by an employer - an individual out of mercenary or other personal interest, is punishable by a fine in the amount of up to one hundred and twenty thousand rubles or in the amount of wages payment or other income of the convicted person for a period of up to one year, or by deprivation of the right to hold certain positions or engage in certain activities for a term of up to five years, or by deprivation of liberty for a term of up to two years.
In accordance with Art. 362 of the Labor Code of the Russian Federation, heads and other officials of organizations, as well as employers - individuals guilty of violating labor legislation and other regulatory legal acts containing labor law norms, are liable in cases and in the manner established by the Labor Code and other federal laws.
In accordance with Art. 419 of the Labor Code of the Russian Federation, persons guilty of violating labor legislation and other acts containing labor law norms are subject to disciplinary and material liability in the manner established by the Labor Code and other federal laws, and are also subject to civil, administrative and criminal liability in the manner established by federal laws.
In accordance with Article 352 of the Labor Code of the Russian Federation, one of the main ways to protect the labor rights and legitimate interests of employees is state supervision and control over compliance with labor laws.
According to Article 353 of the Labor Code of the Russian Federation, state supervision and control over compliance with labor legislation and other regulatory legal acts containing labor law norms in all organizations on the territory of the Russian Federation is carried out by the bodies of the federal labor inspectorate.
State supervision over compliance with the rules for the safe conduct of work in certain industries and at some industrial facilities, along with the bodies of the federal labor inspectorate, is carried out by the federal executive authorities for supervision in the established field of activity.
In accordance with Article 356 of the Labor Code of the Russian Federation, in accordance with the tasks assigned to them, the bodies of the federal labor inspectorate exercise the following main powers:
carry out state supervision and control over compliance in organizations with labor legislation and other regulatory legal acts containing labor law norms, through inspections, examinations, issuance of mandatory orders to eliminate violations, and bringing the perpetrators to justice in accordance with federal law;
receive and consider applications, letters, complaints and other appeals of employees about violations of their labor rights, take measures to eliminate the identified violations and restore violated rights.
Based on the foregoing, guided by the legislation of the Russian Federation, in particular Article.Article. 21, 22, 140, 142, 234, 236, 237, 362, 419 of the Labor Code of the Russian Federation, art. 151, 1099-1101 of the Civil Code of the Russian Federation, part 1 of Art. 145.1 of the Criminal Code of the Russian Federation,
1. Consider this complaint on the merits.
2. Based on the facts indicated by me, check LLC “__________” (legal address: _____________________________; actual address: _________________________________ General Director - ___________), restore my violated rights and bring the perpetrators to appropriate responsibility.
3. Respond to this complaint as soon as possible.
Applications:
1. Copy of claim
2. Copy of the employment contract
" " ________________G. ___________/_____________/
One of the ways to protect labor rights is to apply to the State Labor Inspectorate, for which a complaint is made to the labor inspectorate. The State Labor Inspectorate is a state body that was created specifically to protect the rights of an employee. And the right to file a complaint with the labor inspectorate is expressly provided for by the Labor Code of the Russian Federation. Since labor disputes are very personal, it sometimes makes sense to seek help from the labor inspectorate before going to court.
A complaint to the labor inspectorate may have several goals: conducting an unscheduled inspection, clarifying the law, taking response measures in the form of a protest, and holding the employer accountable for violating labor laws.
To the State Labor Inspectorate
in the Zheleznodorozhny district of Yeysk
660049, Krasnoyarsk, per. Gorky, 37
from Kishineeva Marina Anatolyevna,
address: 660043, Krasnoyarsk, st. Zagorodnaya, 129-73,
In the period from September 19, 2016 to December 20, 2016, I was in an employment relationship with Matryoshka LLC (Krasnoyarsk, Svetly Ave., 302, office 8) as an assistant manager with a salary of 20,000 rubles. The employment contract with me was concluded only on September 23, 2016, I was not familiar with the order for employment.
In December 2016, the employer forced me to write a letter of resignation of my own free will due to the crisis and the reduction in production and jobs. On December 20, 216, I personally handed the letter of resignation to the employer, he signed it, promising to pay the due wages. However, neither on December 21, 2016, nor to the present day, the salary for December 2016 has been paid to me.
In addition, the actions of the employer are seen as a violation of labor legislation, namely: the employer, in violation of Art. 129, 135, 148 of the Labor Code of the Russian Federation, I, as an employee, actually did not accrue and did not pay a mandatory allowance: the district coefficient established by the decree of the administration of the Krasnoyarsk Territory dated August 21, 1992 No. 311-P, in the amount of 1.3.
Failure to fulfill their obligations established by the labor legislation of the Russian Federation grossly violates the rights of the employee.
Based on the foregoing, I ask you to check the legality of the inaction of the employer, Matryoshka LLC, for non-payment of wages on the day of dismissal, as well as for non-payment of the district coefficient to the official salary in the period from 09/19/2016 to 12/20/2016. I ask you to oblige the LLC "Matryoshka" to eliminate the committed violations of labor legislation. Please inform the applicant about the measures taken.
Appendix:
01/15/2017 Kishineeva M.A.
Any violation of labor legislation, including many mandatory by-laws, will be the basis for applying to the State Labor Inspectorate. Filing a complaint with the labor inspectorate is not mandatory for filing, on reinstatement, etc. But filing a complaint in such cases may become the basis for bringing the employer to administrative responsibility.
A copy of the response to the complaint to the labor inspectorate will be valid, and the court will be obliged to evaluate such evidence and take it into account. If no response is taken by the state labor inspectorate, such a refusal can be appealed by filing or.
When the situation is controversial and it is difficult to resolve it on your own, a complaint to the labor inspectorate will help you get an explanation of labor legislation and advice. The duty of consultation of workers by employees of the state labor inspectorate is expressly provided for by the Labor Code. In addition, labor claims, incl. in cases of an employee caused at work, state labor inspectors may act as experts.
Of course, violations of labor laws by the employer may differ from the above example. However, in order for the complaint to the labor inspectorate to have the desired consequences, we recommend drawing up a document according to the following template:
Important: if the applicant does not want the employer to know about the fact of filing a complaint with the labor inspectorate, refer to Art. 358 of the Labor Code and ask that the source of the complaint be kept confidential.
Sometimes in companies there are conflict situations between employees and employers. These conflicts lead to unpleasant consequences for employees. Such as, for example, layoffs. It also happens when the employer is initially inclined to violate the rights of his employee.
What should those employees of organizations whose rights are violated do? What to do if wages are not paid, labor protection conditions are not observed, and so on? How to restore your rights and achieve fair treatment? This article answers these and other questions.
According to article 356 of the Labor Code of the Russian Federation, the labor inspectorate considers complaints against the employer if he violates the rights of the employee. Among these violations are the following:
The procedure for submitting an application to the labor inspectorate:
There is no single norm for drawing up a complaint to the inspection - it is written in an arbitrary form. However, there are still some general rules for compiling this type of application, which should be followed:
Complaints - building block
There are many organizations in which employers allow violations in relation to most of their employees. For example, employers hire new workers, and after a probationary period they fire them “as unnecessary”, without paying the wages due.
There are also many other cases when the majority of employees are dissatisfied with the company. In such situations, one should cooperate with colleagues dissatisfied with the authorities and draw up a collective complaint to the labor inspectorate.
The rules that should be followed when drafting a collective complaint:
In fact, making a complaint and submitting it for consideration is half the battle. After submitting an application, remember the following:
Info
Remember that the judiciary can protect your property rights regarding unpaid wages, compensation for moral damages, and so on. And the prosecutor's office will check the employer's non-compliance with the law, after which sanctions will be imposed on the perpetrators.
The inspection checks the following:
You can write a complaint to the labor inspectorate in several ways, including online. The main thing is to clearly argue your position and correctly state the essence of the claims against the employer.
Very often, when disagreements arise between the employer and the employee, the latter has no choice but to complain to the appropriate authorities. Most often, workers go to complain to the labor inspectorate.
The State Labor Inspectorate is a state body responsible for overseeing the observance of labor legislation and labor protection at all enterprises in the country.
The Labor Inspectorate has the following powers:
As a rule, if serious disagreements arise between the employee and the employer, they lead either to punishment or to the dismissal of the employee, which is not always legal and justified.
But since the worker is not able to resolve such issues on his own, he has no choice but to resort to the help of state bodies to protect the interests of workers.
In what cases should I write a complaint to the labor inspectorate?
The employee has the right to contact the GIT in any case when his rights are violated, or he thinks so.
But at the same time, he must understand that in the current realities, applying to the labor inspectorate means a conflict with the employer, and most likely he will have to quit. Although it should be said that this is still more applicable to private companies, in state organizations the employee is more protected.
The most frequent cases when an employee goes to the state labor inspectorate:
These are the main reasons why complaints come to the labor inspectorate, in fact there are many more.
Note! The fact that an employee turned to the labor inspectorate does not mean at all that he will be right, but even if he is found guilty of a conflict, the labor inspectorate does not apply any sanctions to him, leaving this at the discretion of the employer.
Our lawyers know The answer to your question
or by phone:
A complaint against an employer is written in any form; there is no unified form for its execution.
It must contain the following details:
The complaint may be handwritten or typed on a computer, it does not matter and does not affect its legality.
The complaint can be collective, then under it will be the signatures of all the employees who made it.
Note! If the complaint does not contain the data of the person who made it, then the inspection will not accept it for consideration, but at the same time, the complaint can be marked that the applicant asks not to disclose his identity.
This measure is appropriate only when it comes to general violations, and not those that relate to a particular employee, since in this case it is hardly possible to keep incognito.
There are several ways to file a complaint with the labor inspectorate.
Whatever method of sending a complaint is chosen, the inspectors still accept it for consideration. A period of one month is allotted for conducting an investigation and making a decision, after which they make a decision, about which they inform the person who filed the complaint.
On the fact of the complaint, the employees of the GIT are obliged to conduct an investigation. The way it is carried out depends on the circumstances of the case, it can be conducted in two ways:
The inspector chooses the method of verification at his discretion.
If the received answer does not suit one of the parties, they have the right to appeal against it in other instances, the prosecutor's office or the court.
You also need to remember that the employee has the right to apply simultaneously to several instances at once, but if their decisions do not match, then the decision made by the judicial authority will have priority. But it can also be challenged.
The appeal period is 10 days, that is, during this period the dissatisfied party must have time to file a complaint.
Note! According to the current labor legislation, the employer cannot dismiss an employee who complains about him to the labor inspectorate, so if this happens, the employee needs to collect all the evidence and file a complaint against the employer again.
A complaint to the labor inspectorate should be considered as a last resort, when all the ways to resolve the conflict between the parties have been exhausted. Because although inspectors more often make decisions in favor of employees, for the latter this will not be a guarantee that their rights will be preserved in the future.
