The question of which complaints are considered by the labor inspectorate (FIT) is of fundamental importance. Any participant in labor relations has the right to apply to this state body. A complaint can be filed at any stage of the implementation of labor rights.
A significant advantage of applying to the FIT is that the resulting conclusion of the labor inspectorate, if necessary, will be considered as weighty evidence in court.<.p>

The key task of the FIT is to supervise the observance by the participants of labor legal relations of the legislative norms governing such legal relations. This supervisory function is implemented through the implementation of scheduled monitoring, as well as through the conduct of verification activities based on complaints.

The Labor Inspectorate considers complaints:

• for non-compliance with the legally established procedure for hiring
• on the wrong registration of labor relations
• on the illegal establishment by the employer of the norms of working hours and rest periods
• for non-compliance with the regulations on changes in working conditions
• for incorrect calculation of salaries and other payments (including compensatory ones)
• on untimely financial settlements
• on the lack of legal grounds for bringing employees to disciplinary responsibility
• lack of safe working conditions for employees
• on the lack of legal grounds for the dismissal of employees
• for non-compliance with the procedure for terminating employment contracts

Based on the results of such verification activities, FIT inspectors form instructions aimed at eliminating the identified violations. If signs of such a phenomenon as administrative offenses are found in violations, then the duty of FIT inspectors is to form administrative protocols and send materials to the court (in order to bring the perpetrators to legal liability). The procedure will be exactly the same if it is established that there is a criminal offense in the actions of a participant in labor relations. Another important function of FIT should be recognized as conducting expert research on working conditions.

FIT does not have the right to:

• making decisions about which of the parties to a labor dispute is more right
• collection of guarantee or compensation payments
• cancellation of disciplinary sanctions

The competence of the FIT includes the issuance of official opinions regarding the compliance of the parties of labor relations with legal norms. Such opinions are considered by courts and commissions on labor disputes as the basis for making decisions on the merits of such disputes.

You can file a complaint with the labor inspectorate at a personal appointment, by mail, or online. As a rule, the electronic resources of the territorial bodies of the FIT offer the possibility of filing two types of appeals: complaints about the actions of participants in labor relations and statements in order to obtain an official explanation.

A participant in an employment relationship who intends to receive a specific result from contacting the FIT (for example, an order to eliminate TB violations) should file a reasoned complaint with a request to initiate an inspection. As a result of filing an application for an official clarification, the opponent will not be able to create legal consequences.

The audit is designed to identify violations of labor laws committed in relation to the rights of employees and ensuring their safety in the workplace. Done off schedule, it brings a lot of trouble to officials, as it leaves little time for its preparation.

The head of the company is notified of an unscheduled inspection a day before it starts (part 16 of article 10 of the Federal Law No. 294 of December 26, 2008). However, if there is evidence of a situation that threatens the health and life of a person, the investigation will be carried out immediately, without sending a notice (part 9 of article 360 ​​of the Labor Code of the Russian Federation).

According to the Labor Code, anonymous complaints are not subject to consideration, so they must contain the full name of the applicant, his place of residence and telephone number. These data cannot be disclosed without the written consent of the employee (Article 358 of the Labor Code of the Russian Federation), either directly or indirectly - during the investigation, which imposes appropriate requirements for its conduct.

The appearance of labor inspectors can be provoked not only by the appeal of employees, but also by violations identified by the tax service or the Pension Fund. In this case, we will talk about a comprehensive audit with the participation of representatives from each institution.

Some facts

You can get information about whether an audit is planned in your organization on the website of the Prosecutor General's Office of the Russian Federation - http://www.genproc.gov.ru/. To do this, go to the section "Consolidated plan for inspections of business entities". It should be borne in mind that, in accordance with paragraph 7 of Article 9 of Law No. 294-FZ, the Prosecutor General's Office has an obligation to form an annual consolidated plan for scheduled inspections and must post this document on its website until December 31 of the current calendar year. However, keep in mind that this applies to scheduled inspections by the labor inspectorate.

Foundations

The frequency of unscheduled inspections is not specified by law. They can be initiated in the following cases:

• according to the statement of the employees, there are violations at the enterprise provided for by the Labor Code of the Russian Federation;
• employees received a request to analyze the working environment for compliance with legal norms;
• a situation has arisen that poses a threat to the health of employees;
• the amount of wages is lower than established by law;
• wages are not paid on time or partially;
• the deadline for fulfilling the order issued to the organization during the previous audit has expired (clause 2, article 10 of the Federal Law No. 294 of December 26, 2008);
• received an order from the prosecutor's office.

Powers

In Post. No. 875 states what the labor inspectorate checks on the employee’s complaint and what actions it has the right to:

1. Investigate at any time of the day.
2. Identify persons responsible for the occurrence of accidents, the alleged cause of which is non-compliance with labor protection requirements.
3. Require documents related to the case, both from the enterprise and from the federal authorities or the municipality.
4. Send samples to the laboratory. This action must be accompanied by the issuance of an act.
5. Assign measures to eliminate violations, up to the dismissal of some persons. These instructions cannot be rejected by the head of the enterprise.
6. Apply to the court with a petition to deprive the company of the rights to carry out labor activities.
7. Take part in the trial as an expert.

However, labor inspectors are not entitled to demand:

• papers or samples not related to the subject of the investigation;
• original documents for seizure.

Duration

The time allowed for an investigation depends on the size of the organization.

If the inspector does not have time to complete the investigation within the specified time, he has the right to apply for an extension of the period by:

1. 20 days - for large and medium-sized companies;
2. 15:00 - for small businesses.

The documents

What documents to prepare for verification by the labor inspectorate:

1. The charter of the organization and the rules governing the mode of operation.
2. Contracts concluded with employees, their personal files and other available information.
3. Employment contracts with foreign citizens and persons entitled to benefits.
4. Labor books of employees and a journal in which they are kept.
5. Work schedule and timesheet, which records the amount of time during which employees were at work.
6. A document reflecting the order of vacations granted, statements of employees and other related papers.
7. Local acts on the amount of wages, bonuses and personal data of employees.
8. Payroll records, employee invoices and other payroll related documents.
9. Settlement forms.
10. Forms with signatures of employees confirming their familiarization with the listed documents.

The exact list of what documents the labor inspectorate checks will depend on the reasons for the checks.

Violations

In small enterprises, a violation is often encountered, which is a banal absence of local documents relating to internal regulations, wages, personal files of employees, and labor protection. Their presence is mandatory, even if the company's staff is limited to a single employee. There are other, more common mistakes.

Employment contracts

Sometimes an employee is hired by a small firm by verbal agreement, without a written agreement, which is a violation of the law. It is also possible that it is incorrectly formatted:

• the exact amount of salary is not indicated;
• there is no signature of the employee stating that he received the second copy of the contract.

The most frequent violations when checking the work of an organization are the absence of employment contracts in writing or their incorrect execution.

Vacation schedule

According to Art. 123 of the Labor Code of the Russian Federation, the schedule must be approved by the order of the director, issued 2 weeks before the coming year. A rare employer is able to comply with this rule in practice. Therefore, if this document is missing, you need to try to draw it up before the review, and do not forget to set the correct approval date.

Also, we must not forget that persons under the age of 18 are granted leave out of turn, at a time convenient for them (Article 267 of the Labor Code of the Russian Federation). However, such employees should also be included in the schedule. If they decide to go on vacation at another time, they will have to write a statement. Other bugs encountered:

1. Employees were not notified about the vacation 3 weeks before its occurrence.
2. Vacation pay was paid later than 3 days before the employee went on vacation.

See the video below for more details on labor inspections.

Result

The results of the audit are reflected in the act, which is drawn up in two copies. Usually, in order to sign and receive the act, the manager has to visit the Labor Inspectorate. If violations of the Labor Code have been recorded (which can be avoided very rarely), the organization receives an order that indicates information about the violation:

1. What is it and when was it allowed.
2. What statutory act is confirmed.
3. What should be done to fix it.
4. How long does it take to be liquidated?

If these recommendations were not taken into account, which will inevitably reveal a second investigation, an administrative penalty may be imposed on the enterprise. In case of disagreement with the conclusions of the commission, the head can appeal against its results.

Penalties

Failure to comply with the order may result in disqualification or penalties. They are exposed to: an enterprise, director or other official (head of personnel department, chief accountant), individual entrepreneur.

Frequently occurring cases that entail the imposition of penalties.

All questions of interest can be asked in the comments to the article.

Today I decided to consider a topical issue for many - how and where to complain about the employer. After reading this article, you will know what is Labour Inspectorate, in what cases you can complain about the employer, how to properly file a complaint, how to file it, and what results this can lead to, and where else you can file a complaint if the labor inspectorate does not help you. Take note and save yourself a link to the article just in case.

The current realities are such that conflicts between employees and employers are not uncommon, but rather a pattern. Moreover, very often employers to some extent (including very grossly) violate labor laws. Most often, their employees simply put up with it, holding on with all their might to work as the only possible source of income (which is already a mistake), and they allow them to do anything with themselves, they are ready to endure any inconvenience and hardship, just not to be fired. In my opinion, this is a completely wrong position.

Each employee should be at least a little familiar with the current labor legislation of his country, and know that he has not only obligations to the employer, but also rights. And he must be able to competently protect, defend his rights if they are not respected, especially if they are not respected roughly. In particular, he must know how and where to complain about the employer if he seriously violates his rights, and not be afraid to do so. Because employers will treat employees the way they allow.

What is a labor inspectorate?

Where to complain about an employer? To control the observance of the rights of workers, there is a special state body - the labor inspectorate (in different countries it may be called differently, but the essence is the same).

The Labor Inspectorate is a state organization designed to monitor compliance with labor laws, resolve labor disputes between employees and employers out of court, and has the authority to impose sanctions on employers who violate the law.

For example, the labor inspectorate in Russia is officially called the Federal Service for Labor and Employment or Rostrud. In Ukraine, this is the State Labor Inspectorate of Ukraine.

The Labor Inspectorate is subordinate to the Ministry of Labor and Social Protection of the Population. In addition to considering employee complaints, this structure also performs many other functions, but for now we will only be interested in how to complain about the employer to the labor inspectorate.

When can I complain about an employer?

Let's start by looking at situations in which you can file a complaint with the labor inspectorate. In short, it can be any violation of labor legislation, including those that violate the rights of an employee defined in the Labor Code. Here are the most common examples.

1. Unreasonable denial of employment. Few people know, but the Labor Code clearly defines the reasons why a person may be denied employment. It often happens that they refuse unreasonably or on false grounds.
2. Wage irregularities. For example, the payment of wages in a smaller amount than stipulated by the employment contract, delays in the payment of wages, deprivation of part of the salary, unreasonable and inconsistent with the employment contract, etc.
3. Forced to work overtime without pay and additional days off. In this case, it also makes sense to complain to the labor inspectorate, especially if it is systematic.
4. Failure to provide due leave. It is also a fairly common violation of labor laws, and the labor inspectorate can help solve this problem.
5. The ban on taking sick leave. Familiar? This is also a gross violation of labor laws, which will apply to you exactly as long as you allow it.
6. Coercion to perform work not provided for by the employment contract and job description. If you are often forced to do someone else's work, in addition to your own, this is also a violation of the Labor Code, which can be appealed by filing a complaint with the labor inspectorate.
7. Violation of the dismissal procedure. If the employer unreasonably, forces to dismiss, threatens to dismiss “under the article” without good reason, or has already dismissed with any violations of the law (for example, without prior notice and working off the allotted time) - it also makes sense to complain to the labor inspectorate.

How to file a complaint with the labor inspectorate?

Now let's look at how to complain about an employer to the labor inspectorate, which is necessary for this. There are four ways to file a complaint:

Method 1. Submit a complaint to the labor inspectorate by mail. This is the longest, most costly, but also the most effective way to complain about an employer. Because an official letter is a document that cannot be ignored: in any case, you will be required to provide the same official response to it.

Method 2. File a complaint with the labor inspectorate online. This is the simplest option, but not always effective, because your electronic appeal can simply be “lost”, left without consideration, and you will not necessarily receive an official response to it. You can file a complaint with the labor inspectorate online in Russia through the website onlineinspection.rf.

Method 3. File a complaint with the labor inspectorate through the hotline. Approximately the same as the second method, only the complaint in this case will need to be stated orally, by phone, it will be recorded from your words. Reception here also cannot be guaranteed - it all depends on whether it is considered reasonable and requiring consideration.

Method 4. Come to a personal appointment at the labor inspectorate. This is a very good option in order to get professional advice on your issue. They will immediately tell you how justified your complaint is from the point of view of labor legislation, and tell you how to properly file a complaint, after which you will issue it in writing and register it locally, or send it by letter.

How to file a complaint against an employer?

Before complaining to the labor inspectorate, you still need to try to resolve the issue of interest to you with the employer “peacefully” - through negotiations. Because filing a complaint is a serious matter, and can lead to serious consequences for the employer (which ones I will tell you a little later). So, if there is an opportunity to resolve the issue "amicably" - use it, and only when it does not work - proceed to filing a complaint.

Step #1. Compose the text of the complaint. There are no strict forms by which a complaint to the labor inspectorate is drawn up. The complaint must be made in a business style in a free form, and must contain:

• To: name and full name of the head of the territorial labor inspectorate;
• From whom: full name and passport details of the applicant, address of registration and address for receiving a response;
• The name and legal address of the employer against whom the complaint is being filed, your position in this enterprise, the name of the head, the name and position of the person you are complaining about;
• The essence of the complaint: what exactly is the employer violating, preferably with references to the articles of the Labor Code and / or clauses of the employment contract;
• Requests or suggestions: what exactly do you ask or suggest to do with the labor inspection (for example, conduct an inspection at the enterprise, hold the manager accountable, advise you, etc.)

If you file a complaint online, then the site will have all the required fields to fill out.

Often people are interested: is it possible to send a complaint to the labor inspectorate anonymously? No, you cannot, such a complaint will not be considered.

Step #2. Support the complaint with documents if necessary. The complaint will have a much more weighty appearance if it is supported by documentary evidence. For example, if you refer to your employment contract, attach a copy of it. If you are complaining that you are not being paid your salary (or not being paid as much as you should be), attach an extract from your bank account. Etc.

Step number 3. Submit a complaint and await review. If you send a complaint by mail - it is advisable to do this with a return receipt - so you will know for sure that the letter has been delivered to the addressee and count down the response time. Consideration of a complaint can take from several days to a month, and in rare cases up to two months (if, for example, an inspector needs to travel to another region). It all depends on the nature of the complaint and how it was filed. Each complaint is submitted to a specific inspector for consideration, who studies it, makes a decision, agrees with the management and gives an answer.

Step number 4. Get a response to your complaint. Once your complaint has been reviewed, you will receive a response. If it requires an audit at the enterprise, then the response will most likely indicate that an audit has been scheduled, and you will be notified additionally based on its results.

Please note that if it happens that your issue is already resolved during the period of consideration of the complaint, then you have the right to withdraw your complaint. True, if it indicates serious violations, an inspection at the enterprise can still be appointed, they just won’t notify you about the consideration of the issue.

What answer will the labor inspectorate give?

Now let's look at what results and actions your complaint against the employer to the labor inspectorate can lead to. There may be several options.

1. The appointment of an on-site inspection at the enterprise in order to ascertain violations.
2. The order to eliminate violations to the head of the enterprise and the deadline for its implementation. As a rule, it is 1 month. Within this period, he is obliged to eliminate the violations and report this to the labor inspectorate. Otherwise, more serious measures will be taken against him.
3. Bringing the head to administrative responsibility - a fine for violating labor laws. This fine can be quite substantial (depending on the type of violation).
4. Suspension of a leader (or guilty official) from office on a temporary or permanent basis.
5. In some cases - temporary cessation of the enterprise until the violations are eliminated.
6. In some cases, bringing the head to criminal liability.

When can a complaint to the labor inspectorate be rejected?

Consider the most common reasons why a complaint to the labor inspectorate may be rejected:

1. You have not provided all personal information.
2. You entered the employer's information incorrectly or incompletely.
3. Subjective point of view (your complaint is made emotionally, but does not contain strong arguments, is not supported by documents, it is not indicated what exactly the employer is violating).
4. Illiteracy. If the complaint contains a large number of errors, is composed incoherently, illiterately, contains profanity, it will also be left without consideration.
5. The complaint did not reach the addressee (for example, some system failure occurred when sending online, the letter did not reach, it was simply lost due to a human factor, etc.). In this case, it makes sense to send a second complaint, indicating that it is a second one.

What to do if the complaint was rejected or you are not satisfied with the result of the consideration?

If the labor inspectorate rejected the complaint, or gave an answer that does not suit you, but at the same time you are sure that the employer is violating the norms of the Labor Code, there are several options for further action:

1. Appeal the response of the inspector who reviewed your complaint with his/her immediate supervisor.
2. Contact professional lawyers in the field of labor law, who will help to draw up a complaint more professionally and will accompany its consideration.
3. Complain about the labor inspectorate to a higher organization. For example, you filed a complaint with the regional labor inspectorate, it was unreasonably rejected - you complain to the central or higher organization - the Ministry of Labor and Social Protection.
4. Complain about the employer to the tax authorities when it comes to tax evasion (black or gray salary).
5. File a lawsuit against your employer.

Now you know how and where to complain about the employer, how the labor inspectorate works, what nuances of filing complaints and appeals you need to take into account. I hope this information was helpful to you.

Do not be afraid to defend and defend your rights if they are really violated. Employers will always treat you the way you let them. See you at!

In this article, we will tell you how the labor inspectorate checks, what inspectors look at and how to deal with them. The Labor Inspectorate is one of the departments of the Ministry of Labor, which has its own representative offices in the regions. The latter open their offices in cities. Their employees come to the organization for checks. But there may be exceptions. For example, in Moscow there is only a regional labor inspectorate. She checks companies.

Reasons for the arrival of the labor inspectorate

Any enterprise can fall for the bait of labor inspectors. First of all, these are those who did not find a common language with their own employees. After all, inspectors must respond to a person's complaint within a month. And so they immediately come to see the company.

However, the inspection can learn about your enterprise not only from complaints. The prosecutor's office, tax authorities, and funds are actively cooperating with it. “Several years ago I worked in Zelenograd,” says Yulia Sorokina, a labor inspector from Moscow. - Complaints to us practically did not arrive. Therefore, basically I had to do joint checks with social insurance.”

Sometimes the inspector learns the necessary information from advertising newspapers. Many job search ads conflict with the Labor Code. For example, such a “strict requirement” as a Moscow residence permit directly contradicts Article 64 of the Labor Code.

At worst, the inspector can open the telephone directory and choose the "lucky one". However, this method is rarely used.

What inspections does the labor inspectorate carry out?

If a worker's complaint can be dealt with quickly, then a targeted inspection is usually scheduled. In this case, the inspectors check the violation reported in the complaint.

But inspectors can visit the company with a comprehensive check. In doing so, they will look at how the organization complies with labor laws in general. “Ideally, all inspections, including complaints, should be comprehensive,” says Marina Butina, head of the consolidated analytical department of the Moscow State Labor Inspectorate. - But time is sorely lacking. There are complaints about minor violations. For example, sometimes a person is not given a pay slip. To be convinced of it, I do not need to shovel mountains of documents. And so a target check is appointed. ”

If, after checking, the inspector has doubts that you have corrected yourself, he will come again. Such a check is called a check.

The inspector can come to check complaints at least every day - there are no restrictions on this matter. In addition, at any time he can check how his previous requirements are being fulfilled. But on his own initiative, the inspector can visit the company no more than once every two years.

When can the labor inspectorate come?

Inspectors may come to the firm suddenly. However, in most cases, the meeting with the inspector will not be unexpected: the Trudoviks will warn you about the visit by phone.

Arriving at the firm, the inspectors will show their service certificate and official paper with a round seal and the signature of the head of the inspectorate or his deputy. For this document, the Ministry of Labor did not develop a standard form. Therefore, each inspection comes up with it itself. This form may be called an order or an order.

By the way, inspectors can visit the organization without a special order. Inspectors resort to this only in emergency cases, when they do not have time to issue an official paper (for example, if an accident has occurred at the company).

The inspectors will not leave the verification document, so study it immediately. As a rule, it contains a phone number for inquiries. Even if you know the inspector personally, feel free to call and find out if the inspector sent him to you. As we were told in the labor inspectorate in Moscow, sometimes their former employees become false inspectors.

In addition, experts recommend entering information about inspectors in a special journal. In accordance with the law of August 8, 2001 No. 134-FZ, all firms must maintain it. The verifier with his own hand will make the necessary records about the verification in this journal. He indicates his last name, first name, patronymic, the purpose of the check, etc. The inspector will seal his record with a signature.

The absence of a magazine does not threaten the company with any penalties. “Insisting on its presence is not in our competence,” says Marina Butina. “In its absence, we simply make a note about it in the inspection report.”

Violations that are checked by the labor inspectorate

The most common violations are the lack of written employment contracts and the payment of wages less than twice a month.

An employment contract will have to be drawn up in any case - you can’t get away from it. But salaries can be issued even less frequently than established by the code. To do this, you need to receive an application from the employee with a request to pay him money once a month.

In addition to the employment contract with employees, a collective agreement is often concluded. If not, then you will not be fined. The inspectors can only recommend to the workers to conclude it. And if employees heed this advice, then you will have to put up with it.

The next thing inspectors will pay attention to will be work books. Firms are required to acquaint their employees with all entries in work books “under signature”. To do this, organizations must obtain an employee's autograph on orders for hiring, appointment to a new position, promotion, etc. Information from these documents is checked by inspectors with entries in work books.

Firms must keep a book of accounting for work books and inserts to them. The books themselves are stored at the enterprise. They should be kept in a safe or fireproof cabinet.

Often managers force employees to work weekends and overtime. Compensation is usually not paid. If inspectors find "traces" of such work (for example, an order to go to work on Sunday), then the company will have to pay employees extra money. Therefore, in the time sheet, you should not put down numbers greater than "8".

In some cases, even the eight may be too big a number. For example, opposite the name of a minor or a disabled person.

The absence of labor regulations, working hours and rest periods, as well as vacation schedules is also considered a serious violation. If the company does not have these documents, then employees should not be punished with disciplinary sanctions. The fact is that these penalties will turn into another violation.

Often, inspectors also turn to the constituent documents of the company, since often the charter of the organization contains information about working conditions.

The result of the labor inspection

After checking, the inspectors will draw up an act. It will indicate what was checked and what violations were found. The act will also appear if no violations were found.

It's better to sign the act. The fact is that the signature on it does not mean agreement with what is written in the document itself. It only means that you received this document. If you refuse, the inspector will simply make a note about it.

If the inspector finds that the company is incorrectly applying the Labor Code (and this happens after most inspections), then an administrative violation protocol will be issued.

But you will learn the amount of the fine later from the decision on the imposition of an administrative penalty. You will receive this document within two months after the verification is completed. Inspectors will force you to pay money for the violation that "pulls" for the largest fine.

If you do not pay the fine, the inspectorate will turn to the bailiffs.

In addition to the fine, all shortcomings in the work must be eliminated. What exactly you must do will be indicated in a special order. It will also indicate the period during which you need to correct.

After you do the "work on the mistakes", this must be reported to the labor inspectorate. To do this, you must send a written report on the work done and attach supporting documents to it.

However, the order does not always come. If the violations are corrected under the inspector (for example, the employee was given a salary), then you will not receive an order.

Anton Hagen

Information Agency "Financial Lawyer"

• HR and Labor Law

Instruction

According to Article 356 of the Labor Code of the Russian Federation, in order to restore and prove violated rights, an employee has the right to file a complaint, letter or statement, which are written in free form.

The employer must be aware that not only the employee who is in an employment relationship with him has the right to apply to the labor inspectorate, but also any other person, in the event of, for example, an illegal refusal of employment.

It is necessary to attach everything that confirms the fact of violation by the employer. These can be copies of orders, acts, internal labor regulations, etc. If it is impossible to provide copies of the documents, the applicant must indicate this in his complaint.

Since anonymous appeals to the labor inspectorate are not, the employee must indicate all his data (name, address, telephone number) in the complaint. But, if, nevertheless, the applicant insists on confidentiality, then according to Part II of Article 358 of the Labor Code of the Russian Federation, inspectors are required to keep the name of the applicant secret. This should also be stated in the complaint.

According to Article 386 of the Labor Code of the Russian Federation, the period during which an employee can apply to the labor inspectorate is 3 months from the date of violation of his rights.

If the inspectors identify obvious norms of labor legislation, the employer will be provided with which he will be obliged to fulfill, for example, to reinstate the employee in his previous position.

The employer, having received a mandatory order from the labor inspectorate, can either comply with it within the specified time limits, or refuse and appeal against it in court within 10 days from the date of receipt.

The Labor Inspectorate, on the basis of an employee's complaint, has the right to conduct an unscheduled inspection in the organization.

Sources:

• how to contact an employer

Almost everyone knows that an employee is less protected than an employer. Who among us has not heard from the chiefs that we do not have irreplaceable ones? It is often really easier for an employer to find a new employee than for an employee to find a new job with a good salary and team. And even if the rights of workers are openly violated, employers do not receive a worthy rebuff. Requests and demands of employees are ignored, it is expensive to defend rights in court. It remains to write a statement to the labor inspectorate.

You will need

• Labor Code
• Documents confirming the violation of rights

Instruction

In what cases should I contact the labor inspectorate? If you think that the employer has violated your rights, look through or consult a lawyer (consultations are usually free). It often happens that the employer is already at work, for example, does not conclude an employment contract, or makes a fixed-term contract with an open date. Or having concluded a contract for work in one position, you are surprised to find that you have to do the work "for yourself, and for that". It also happens that the employer decides not to pay the money due to you under the contract, for example,. Or the workplace and working conditions are not just far from ideal, but very far. Another common violation is unpaid overtime work. Or work without vacation in excess of the time established by law. And, of course, unfair dismissal, for example,. This list of violations of labor laws by employers is not exhaustive, and if your rights are infringed, an application to the labor inspectorate in order to protect them.

There are labor inspectorates in almost every city in order to monitor compliance with labor laws. You need to find out in any available directory the address and phone number of yours. By driving or calling there, you can get the contact details of the inspector who oversees your organization.

Now you need to formulate a complaint to the labor inspectorate. It should reflect the essence of your claim and proposals to eliminate the violation. Documents must be attached to the complaint, confirming that the employer really violates your rights. However, if you do not have such documents, for example, because the employer simply did not provide them, do not worry. Violations will be identified during the audit.

The application to the labor inspectorate must be properly executed. In the upper right corner, write the name of the institution (labor inspectorate), position, last name and initials of the addressee, just below - your last name and full name, as well as address and contact phone number. The text should contain the name and address of the organization that violated your rights, as well as contact numbers, names and surnames of the general director and chief accountant, and, after an indent, state the essence of the complaint and a list of attached documents. Signature and transcript should be left at the bottom of the page.