Sample complaint to the State Labor Inspectorate (Labor Inspectorate). How to write a complaint to the labor inspectorate against an employer

So: complaint to the state labor inspectorate:

To the State Labor Inspectorate in the city of St. Petersburg. 198095, St. Petersburg, Zoya Kosmodemyanskoy street, house 28, letter A.

From: FULL NAME. living ( her) by the address: index, St. Petersburg, street_______________, d.___, apt.__, tel. ___________.

A COMPLAINT

about violation of the rights of the employee

I, FULL NAME., in the period from "____" ______________ 20___ to "____" ______________ 20___ ( either currently), worked indicate position at _______________ LLC (TIN/KPP: ___________/___________); OGRN: ____________, current account ____________, BIC ____________, legal / actual address: index, St. Petersburg, st. ________________, house ______. For the entire period of my labor activity, the management of _______________ LLC has constantly grossly violated my labor rights, guarantees and interests.

These violations are expressed as follows:

1. I have not received a salary from "____" ______________ 20___ to the present, which is a gross violation of the Labor Code of the Russian Federation. I asked management to give me a salary for the months worked. However, the accountant and the director himself told me that I should write a letter of resignation of my own free will and only in this case I would probably receive my money. They began to exert psychological pressure on me, they forced me to write a letter of resignation of my own free will. This fact is confirmed by the audio recording on the CD attached to the application. In a personal conversation, the organization's accountant does not hide the fact that the organization is acting illegally, but she herself is afraid of being fired and therefore strictly follows the director's orders on non-payment of wages, since the company has no money.

“____” ______________ 20___, I submitted a notification to the management of the organization that I was suspending work from 9:00 am “____” ______________, 20___ until my salary was paid on the basis of Article 142 of the Labor Code of the Russian Federation. This statement was ignored by the director.

"____" ______________ 20___ I was called to the company supposedly in order to receive a salary, but I was given a notice of a reduction in the number of employees. However, the severance pay was denied. The payment of severance pay in connection with the reduction in the number or staff of the organization's employees (part 2 of article 81 of the Labor Code of the Russian Federation) is regulated by article 178 of the Labor Code of the Russian Federation. Upon termination of the employment contract due to a reduction in the number or staff, the dismissed employee is paid a severance pay in the amount of the average monthly salary, and he also retains the average monthly salary for the period of employment, but not more than 2 months from the date of dismissal (with offset of the severance pay).

My salary was not paid for the entire period!

All documents confirming the employment relationship: work book, employment contract are stored in _______________ LLC, which is a direct violation of the labor legislation of the Russian Federation. Since my work book is located at _______________ LLC, I cannot get another job.

In accordance with Article 84.1 of the Labor Code of the Russian Federation, on the day the employment relationship is terminated, the employer is obliged to issue a work book to the employee. In violation of the requirements of the above article, they did not give me a work book. Failure to issue a work book to an employee upon dismissal is one of the cases of illegal deprivation of an employee of the opportunity to work. In the event that a work book is not issued to an employee and there is no notification that it has been sent to the address of the dismissed employee, the employer, in accordance with paragraph 4 of part 1 of Article 234 of the Labor Code of the Russian Federation, is obliged to reimburse the employee for the earnings that he did not receive, for the delay in issuing the work book to the employee.

Thus, _______________ LLC (represented by its officials) violated Article 84.1 of the Labor Code of the Russian Federation, and my labor rights and interests were infringed.

2. In accordance with Article 37 of the Constitution of the Russian Federation, an employee has the right to remuneration for work without any discrimination. In accordance with Article 136 of the Labor Code of the Russian Federation, wages are paid at least every half a month on the day established by the internal labor regulations, collective agreement, labor contract. In accordance with Article 84.1 of the Labor Code of the Russian Federation, on the day the employment relationship is terminated, the employer is obliged to make a settlement with the employee.

In violation of the above articles, _______________ LLC systematically delayed and constantly underpaid my salary (it did not pay the entire salary, but only part of it), there were constant delays. As a result, for the period from "____" ______________ 20___ to the present, I did not receive any wages at all. The employer has a wage arrears in the amount to indicate the full amount of the debt in rubles. When reducing the calculation with me was not made.

Thus, LLC "_______________" (in the person of its officials) violated Article 37 of the Constitution of the Russian Federation, Articles 84.1 and 136 of the Labor Code of the Russian Federation, and also infringed my right to receive earnings guaranteed by the Constitution.

3. In accordance with Article 67 of the Labor Code of the Russian Federation, an employment contract is concluded in writing, drawn up in two copies, each of which is signed by the parties. One copy of the employment contract is transferred to the employee, the other is kept by the employer. The receipt by the employee of a copy of the employment contract must be confirmed by the signature of the employee on the copy of the employment contract kept by the employer.

In violation of the above article, they did not give me my copy of the employment contract, and therefore I experience difficulties in filing a lawsuit with a claim for the recovery of wages, as well as for the recovery of compensation for other violations of the employment contract concluded with me. Thus, _______________ LLC (represented by its officials) violated Article 67 of the Labor Code of the Russian Federation, and my labor rights and interests were infringed.

The above are only the most significant violations. The same is true for other workers. In connection with this circumstance, the brewing of the activities of _______________ LLC by the state labor inspectorate is especially relevant.

I believe that the above actions of officials of _______________ LLC fall under Article 5.27 of the Code of Administrative Offenses of the Russian Federation.

I am turning to you for help, because in accordance with the current legislation, the State Labor Inspectorates receive citizens, consider applications, complaints and other appeals of citizens about violations of their labor rights. They exercise state supervision and control over compliance with labor laws. Consider cases of administrative offenses. Carry out checks and investigation of the causes of violations of labor legislation and labor protection. Present to employers binding orders to eliminate violations of labor and labor protection legislation, to restore violated rights of citizens with proposals to bring those responsible for these violations to disciplinary responsibility or remove them from office in the prescribed manner. Persons guilty of violating the legislation of the Russian Federation on labor and labor protection are brought to administrative responsibility.

Based on the foregoing and in accordance with Art. 84.1, 67, 136, 234 of the Labor Code of the Russian Federation, 5.27, 23.12 of the Code of Administrative Offenses of the Russian Federation, Art. 37 of the Constitution of the Russian Federation,

I beg:

1. Conduct an audit on this complaint and, if violations of the legislation of the Russian Federation are found in the activities of ______________ LLC or officials of this organization, bring the perpetrators to administrative responsibility;

2. Oblige ______________ LLC to restore the violated right by returning my work book;

3. To oblige LLC "______" to pay me wages for the period from "____" ______________ 20___ to "____" ______________ 20___ in the amount of _________ rubles;

4. Oblige ______________ LLC to reimburse me for lost earnings for the period from ____ ______________ 20___ to ____ ______________ 20___ in the amount of _________ rubles for unlawful deprivation of the right to work due to the failure to issue a work book;

If the employer violates your labor rights, then you have the opportunity to file a complaint with the labor inspectorate. We will talk about the situations in which complaints against the employer should be made and how to write a complaint to the labor inspectorate.

In accordance with the norm of the three hundred and fifty-sixth article of the Labor Code of the Russian Federation, a labor inspectorate was created for state purposes. This framework addresses the following questions:

• receiving and considering letters, complaints, applications for non-payment of wages, vacation pay and other violations of labor discipline;
• eliminates violations, restores violated rights.

Therefore, in relation to the above article, the employee has the right to file a complaint with the labor inspectorate about the violation of his rights by the employer. Specific cases are given below:

• performance of additional work that is not specified in the employment contract;
• incomplete payment of salary or its incomplete payment;
• work in conditions inconsistent with special services, security, fire and sanitary purposes;
• the employer fails to provide social insurance to the employee in the cases established by law;
• lack of time for rest in the form of weekends, days off or holidays;
• other violations, individual for each enterprise.

Please note that such complaints are filed not only by employees, but also by other people illegally working in institutions. According to the filed complaint, the inspection carries out an unscheduled inspection of the enterprise.

In order to contact the labor inspectorate, follow the following steps:

• find out its address in your territorial district;
• draw up a complaint, which must indicate the reasons for contacting the inspection;
• add evidence of misconduct by management to it;
• convey the complaint to the organization by contacting them personally or by sending the documents in the form of a registered letter, upon receipt of which they must sign.

Complaint to the labor inspectorate against the employer sample, you can download here:

In the process of filing a complaint, with an appeal to the labor inspectorate, consider the following factors:

• indicate the territorial representation of the inspectorate in your region, the name and surname of its head, information and positions;
• initials and surname of the person who applies to the organization, address of residence;
• the reasons for the appeal, their description and documentary evidence in the form of arguments;
• at the bottom of the complaint, the employee must indicate the date of its writing and certify it with a signature.

From the moment of registration of a written application to the labor inspectorate, no more than thirty days must pass for its consideration.

Depending on the type of complaint and how it is handled, punishment options may include:

• issuance of an order specifying the requirements for the elimination of violations;
• bringing the employer to administrative responsibility;
• suspension of the operation of the enterprise, until it is fully checked and all problems are eliminated;
• removal from work of staff or employer;
• criminal liability of the employer, in the event that all the requirements of the labor inspection were not met.

How to file a complaint with the labor inspectorate: procedure for completing the process

In order to protect your labor rights, you have the option of filing a complaint with the labor inspectorate. There are several steps in the process of filing a complaint with the labor inspectorate against an employer. Let's take a closer look at them now:

1. The first stage is the preparation of a complaint.

The complaint shall indicate the name of the organization to which it is submitted. Name, surname of the applicant and his address of residence, in addition, it is possible to indicate an e-mail address in order to receive a response to consider the complaint.

The following is an explanation of the reasons for writing a complaint and a description of the violations. In addition, you should indicate the name of the organization that is being described, its address, the name and surname of the employer, and, if possible, a telephone number.

At the end of the complaint, it must be secured with your signature and indicate the date of its writing. Please note that if you decide to write an anonymous complaint to the labor inspectorate, without indicating your contact details, then you will not receive a written response to it.

2. The second stage is filing a complaint with the labor inspectorate.

There are two options for performing this process. Personal filing of a complaint in the premises of the labor inspectorate and sending all documents by mail, exclusively in the form of a registered letter.

If you chose the first option, then please note that the employee who received the complaint must attest to this fact with his signature and the date the complaint was received. In the second case, the applicant will receive a response about the delivery of the registered number with the date of delivery. If necessary, arguments and documentation confirming the above complaints are also submitted with the letter.

The third option for submitting a complaint is by email. In order to find out her address, you should find the contacts of the regional representative office of the labor inspectorate. All necessary documents are attached to the letter in electronic form.

Another option is an electronic service called RF Online Inspection. Through it, complaints are also transmitted to the labor inspectorate.

Please note that you do not need to make any state contributions in the process of filing a complaint with the inspection.

Important: The employee has the right to confidentiality of the inspection by the inspection. That is, during the inspection, the inspection will not tell the authorities the name of the employee who wrote the complaint.

3. The third stage is to receive a response to a complaint written to the labor inspectorate.

After a written application or complaint is submitted to the labor inspectorate, the procedure for registering this complaint follows. It is made within three days from the date of receipt of the complaint. An application submitted directly to the inspectorate is registered immediately.

The time for consideration of a complaint filed with the Inspectorate is no more than thirty days from the date of its registration. If during this time, the complaint could not be considered or the problem was not resolved, then the period is extended for another thirty days, but no more.

Recommendations for submitting a sample complaint to the labor inspectorate

If questions are submitted in a written appeal that are not related to the labor inspectorate or are not within its competence, then the complaint is redirected to a certain authority capable of resolving it. The time for filing a complaint is seven days, no more. The employee who applied to the labor inspectorate will be notified that the complaint has been redirected. After filing and registering a complaint, its consideration begins. In the process of carrying out these actions, special employees of the labor inspectorate conduct an inspection of the enterprise, eliminating violations of the labor order or legal non-compliance.

In relation to the verification, after its completion, a document is drawn up in the form of an act that confirms or refutes the complaint. If violations have been identified, the employer is forced to eliminate them.

A written report on the inspection is sent to the employee who filed the complaint. The letter also indicates the facts of violation of legal discipline, if they were identified. In addition, the measures taken against the employer are also reported in the letter. Further, an explanation is made of the actions that the employee must take in order to restore his violated rights.

If, however, the result of the check did not satisfy the employee, then he has the right to apply to the territorial inspection, namely, to its head. In case of refusal to accept the application, or in case of failure to resolve the issue in this proceeding, the employee has the right to apply to the court.

Labor Inspectorate - complaint about non-payment of wages

If the salary is not issued to the employee on time or is delayed for a certain period, then he has the opportunity to apply to the labor inspectorate with a complaint, starting from the first day of the salary delay.

A special sample of such a statement is not fixed, therefore, when writing it, a free form is observed. In order for such an application to be considered as soon as possible, the generally accepted scheme should be followed.

1. Introductory introduction.

Depending on which form was chosen for writing to the inspection - an application or a complaint, it contains all the details, according to the employer's check, such as:

• full name of the enterprise;
• legal and actual address of the company;
• the address of the director or chief;
• his initials and surname, telephone, e-mail, if available.

Please note that labor inspectorates have the right not to consider complaints that do not indicate the name of the addressee. Anonymous applications will not be considered. There are times when a whole team writes complaints, in which case, at the end, all its employees are listed and put their signatures.

2. The main part is descriptive.

This part of the complaint is the most important, since it is in it that the essence of the problem is described in detail. Before you start talking about your complaint, give the inspector the following facts:

• the date on which you were hired and, if any, the date of dismissal;
• the position of the person against whom the complaint is being written;
• When was the last salary payment made?
• the day on which wages are usually paid, it is established by the employment contract;
• the method according to which wages are received on a bank card or in cash;
• how many days have passed since you were supposed to receive wages;
• the amount of unpaid money;
• refusal of the employer to pay money in writing (optional).

3. Conclusion.

This part contains the requirements presented by the author directly to the labor inspectorate.

Examples of requirements may include:

• issuance of a special act, according to which the employer is obliged to pay the missing amount of money or wages to the employee or employees for a certain period of time;
• attracting an employer to a fine for delaying money;
• bringing to administrative or criminal liability, in case of refusal to pay wages.

The labor inspectorate welcomes messages on laws or on the labor code and certain of its articles.

4. The presence of applications is welcome.

In addition, the following documents must be attached to the complaint:

• copies of the employment contract;
• if available, a copy of the order stating that the employee was fired;
• photocopies of passport and work book.

At the end of the complaint, a list of documents that are attached to it is indicated. Please note that the complaint is invalid, without the signatures of the sender or senders, in the case of writing a collective complaint.

Hello. In this article, we will tell you how to properly file a complaint with the labor inspectorate.

Today you will learn:

1. Where to complain if working conditions are violated;
2. How is a complaint made and filed?
3. What are the deadlines for consideration set by the state;
4. What to do if your request goes unanswered.

Complaint to the labor inspectorate

Often at work, disagreements can arise both on the part of the manager and the subordinate. When it is not possible to resolve the dispute on their own, the employee files a complaint with the appropriate authority. The State Inspectorate for Labor Protection is the place where applications from employees are accepted.

Labour Inspectorate - This is a state body whose main task is to exercise strict control over the observance of labor protection in all enterprises.

Every employee, regardless of position, can ask for help when:

• Agreed with the terms of the contract, signed everything, but did not receive the corresponding job;
• The workplace is not intended for work and provided in violation of working conditions;
• Did not receive wages in the agreed amount;
• The boss forbids taking breaks for legal rest and lunch during working hours.

Do not wait for the employer to come to their senses and fix everything. Everyone should be able to defend their rights.

The activities of the labor inspectorate are as follows:

Scheduled checks

If you were not paid full compensation on the last business day;

It is also worth noting that you can prepare a collective complaint. In the second case, it is necessary to list all employees and give everyone the opportunity to sign and decrypt.

1. Preparation of related documentation.

In order for the labor inspectorate to understand that your appeal is not empty words, you will need to prove your case.

As related documentation, you will need:

• Application with a mark on the refusal to leave. This option is useful if the employee was denied annual paid leave or forced to spend it at his own expense;
• Statement from the bank. If you have filed a complaint about non-payment of wages, then a statement is a great way to confirm that wages were paid late, or not in full. You will also need a copy of the employment contract, which spells out all the obligations of the employer related to remuneration;
• Labor contract. This option is useful if mistakes were made during the acceptance or dismissal.

1. Sending a package of documents.

Let's see how to file a complaint:

Personally.

You can take the full package of documents in person and give it to the inspector or secretary, to the reception. The only thing worth remembering is that you should have copies of documents on which the accepted party puts the incoming number, his last name and date. If your documents are lost, then you can easily prove your appeal.

By mail.

Documents can be sent by registered mail. In this case, you will need to prepare an inventory.

On the website of the labor inspectorate.

Filling out a complaint in real time is an option that is very popular. No more going anywhere and wasting time. On the site you need to register and leave an application in a special form. All necessary documents can be photographed and attached to the appeal.

Consideration.

The timing of consideration will largely depend on the degree of violation. According to the general rules, the answer must be sent as soon as possible, but no later than 15 calendar days.

If it is necessary to conduct an audit, the period can be extended up to 30 days. If you have been fired, then be sure that the appeal will be considered as quickly as possible, within 5-10 business days.

Inspection notification.

The labor inspector must send you a notice if they think an inspection at the facility is required.

Notice may be sent to:

• By sending an SMS message;
• To the registration address by registered mail;
• Email notification.

How to complain anonymously

Many employees do not want to give their details and want to leave an anonymous complaint. But are anonymous submissions accepted? Of course, you can send an appeal, but according to the law, the labor inspectorate may not consider it.

If you want the employer not to know who made the appeal, you can demand complete confidentiality. In practice, everything is done very simply. You prepare all the necessary documents and at the end simply indicate one phrase: “During the verification, I demand non-disclosure of information about the applicant.”

It turns out that you can file an anonymous complaint, only it will be ignored, and you will lose precious time.

Write a complaint online

Since this option is very popular, consider how to write a complaint via the Internet.

When choosing this option, you must be registered on the State Services website.

Contact procedure:

1. Go to the official website of the labor inspectorate;
2. Find information for the employee, in which there will be a section "write an appeal";
3. Select the category of appeal and correctly fill in all the required fields of the application.

In your email complaint, be prepared to provide:

• Completely personal data: full name, phone number, passport details and registration;
• Information about the employer company: full name and details, work phone number, legal address, full name of the director;
• The essence of the appeal: consultation, filing a complaint, scheduled or unscheduled inspection.

In the window that opens, it remains to answer all the questions and send the prepared package of documents. An online complaint is not only quick, but also simple.

Deadline for filing and considering a complaint with the labor inspectorate

If you are faced with a violation of labor, then it is important to consider the time frame within which you can make an appeal. According to the law, you have only 3 months from the moment the violation occurred at work.

If we consider issues related to hiring or dismissal, then the complaint period is much shorter and is only 1 month, from the moment the employment contract is terminated and all documents are received.

30 calendar days are given for consideration of the complaint, from the moment of submission of all necessary documentation. Of course, the review time may be extended only if there is a good reason. The most common reason is due to the fact that additional material was required for verification.

The response to the applicant will be sent by e-mail or by regular mail.

What does the labor inspectorate check on a complaint

Upon receipt of a complaint, the labor inspectorate is required to conduct an investigation.

The procedure depends on the circumstances of the case and can be carried out in any way convenient for the inspector:

1. Field check. In this case, a labor service employee comes to the enterprise, without an invitation, and conducts an inspection. Employers do not like this method, but they cannot refuse. The inspector is allowed to:

• Inspect workplaces and determine working conditions;
• Communicate with employees and ask all necessary questions;
• Request the necessary documentation.

If during the inspection violations are revealed, the inspector has every right to:

• Issue a fine, the amount is set for each case on an individual basis;
• Draw up an order for correction, in which the exact terms for correction and the identified violations are indicated.

If serious violations are found during the inspection, the case is referred to the court.

1. Documentation request. This verification option is “more gentle”, since the inspector requests all the necessary documents and studies them in detail. All necessary documentation is sent by courier with an inventory, or handed over personally under the signature of an authorized employee.

What to do if you disagree with the audit or the complaint remains unanswered

What to do if you receive a response about the results of the labor inspection with which you disagree? Do not despair, because according to the law you have 10 days to appeal the answer.

All you need is to send a repeated complaint, with all the necessary documents.

It is also worth considering that an employee can file a complaint with several instances at once, and the decision made by the judicial authority will have priority.

If your request remains unanswered, you can:

1. File a complaint again.

Sometimes a response is not received due to a software failure if the application was submitted via the Internet, or due to a human factor. In this case, you can write a second appeal, and make sure that it has reached the addressee.

1. Seek help from lawyers.

As noted, employees of the labor service may ignore the appeal if it is prepared with violations. Qualified lawyers will help to draw up a complaint correctly, or point out mistakes made.

1. Submit an application to higher authorities.

If lawyers helped you prepare the documents, and copies of the acceptance documents remained on hand, then you can safely contact higher authorities: the procurator or the court. For competent preparation of the appeal, the help of qualified employees will also be required.

Organizations that can help with filing a complaint

Unfortunately, not everyone can competently protect their rights. Many do not know how to file a complaint. In this he can be helped by special organizations in which qualified lawyers work.

You can contact a law firm in person, offices are in most cases within walking distance, or you can choose an organization on the Internet. In the second case, all issues will be resolved remotely.

When choosing an organization, consider:

• Prices for services;
• Company rating;
• Date of commencement of activities (it is better to entrust the matter to a professional who has proven his reliability and qualifications over the years);

The right to write a complaint against the employer is given by the Labor Code of the Russian Federation, while the State Labor Inspectorate:

• accepts and considers letters, applications, complaints, as well as other appeals of citizens indicating violations of their labor rights;
• takes the necessary measures to eliminate violations, as well as to restore violated rights.

Under this article, an employee may apply for a complaint to the labor inspectorate following a violation by the employer of any of his labor rights. What are these cases of violation of labor laws, for example:

1. wages are not paid on time or are not paid in full;
2. overtime or night work is not paid;
3. the employer does not notify you in writing about the components of the salary (no pay slip is issued);
4. the calculation is not paid on the day of dismissal of the employee;
5. a work book is not issued to the employee on the day of dismissal;
6. not handed out a copy of the employment contract;
7. the employment contract does not establish the days of payment of wages (at least every half a month) and does not specify the conditions for remuneration: the size of the tariff rate or salary of the employee; surcharges, allowances, incentive payments;
8. employees are not familiar with the results of the SOUT at the workplace;
9. according to the results of a special assessment of working conditions, workers engaged in hard work, work with harmful and dangerous working conditions are not compensated;
10. workers are not provided with personal protective equipment,

It must be remembered that not only an employee can file a complaint with the labor inspectorate, but also any citizen, for example, who considers that he was not hired illegally. A private complaint of a citizen is the basis for an unscheduled inspection of the employer ().

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How to contact the labor inspectorate to file a complaint?

To do this, follow these steps:

1. Find out the address of its territorial department.
2. Draw up a complaint according to the sample indicating a violation of labor rights.
3. Attach to it documents that support the arguments set forth in the complaint.
4. Send a complaint to the labor inspectorate by registered mail or bring it in person to the reception of the labor inspectorate

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Labor Inspectorate, How to draw up a complaint according to the sample?

• the name of the territorial representation of the labor inspectorate to which the appeal is sent, or the surname, name, patronymic of the head, or simply his position;
• surname, name, patronymic, as well as the address of the citizen who submits the appeal;
• arguments, indications of violation of labor rights, according to the labor code, proposals, statements or complaints;
• personal signature and date.

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Deadlines for consideration of complaints and applications

A written appeal, filing a complaint with the labor inspectorate, is subject to consideration in thirty days period from the date of its registration. In special cases, this period can be extended, but not more than 30 days.

What is the benefit of filing a complaint against an employer?

Based on the results of checking the arguments specified in the appeal, inspectors can:

• issue an order to the employer demanding to eliminate violations;
• bring him to administrative responsibility;
• suspend the work of the organization, its individual structural divisions or equipment;
• suspend staff or individuals from work, in cases prescribed by law;
• send appropriate material to law enforcement agencies in order to bring persons to criminal liability.

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Sample complaint to the labor inspectorate against the employer

Head of the State Labor Inspectorate
on _________________
Full Name

from Surname First name Patronymic
lived Grad, Grazhdanina street, 777, apt. 999
tel.***-***-0000

Application to the labor inspectorate

I, Surname First Name Patronymic, worked at X-employer LLC, TIN *************, OGRN *************, located at the address: CITY, st. STREET, house. 777, reception phone 000-***, personnel department ***-000, on June 22, 2020, he was fired under Article 81, Clause 2 of the Labor Code of the Russian Federation "downsizing".

06/22/20xx, as an unemployed unemployed person, applied to the employer for benefits for the second month, in accordance with paragraph 1. I was presented as proof of the Employment Book with the last entry on the dismissal under clause 2 - 06/22/20xx.

This employer has not yet paid me the state-guaranteed payment for the second month of employment.

I ask you, in connection with systematic violations of the law, to consider the issue of administrative punishment of the employer.

Date Signature /Surname/

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Filing a complaint with Rostrud via the Internet

A citizen can file a complaint with the Labor Inspectorate via the Internet by entering his data in the input form. All this is carried out on the basis of the Procedure for a citizen to apply to Rostrud through public information systems and receive an answer to the questions posed.

Important!

Before sending a letter to Rostrud by e-mail, you need to familiarize yourself with the procedure for filing a complaint and receiving a response.

1 . In his appeal, a citizen must indicate his last name, first name, patronymic (the last one, if any), postal and / or electronic address to which a response or notification of redirection of the appeal should be sent, sets out the essence of the proposal, application or complaint, puts the date .

2 . If necessary, in support of his arguments, the citizen attaches documents and materials to the appeal in electronic form.

3 . The received appeal is considered in the manner established by the Federal Law of May 2, 2006 No. 59-FZ "On the Procedure for Considering Appeals from Citizens of the Russian Federation".

The response to the appeal is sent to the postal or e-mail address indicated in the appeal. In the absence of a postal or email address to which a response or redirect notification is to be sent, filed complaint is not considered.

Maximum terms for consideration of the appeal:

Registration - 3 days;

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Address of the labor inspectorate, Moscow

Personal reception of citizens and organizations: Wednesday 10.00-17.00 (lunch 13.00-14.00)
st. Marksistskaya, 24, building 2

Personal reception of citizens at st. Marksistskaya, 24, building 2 will be carried out exclusively by appointment ("electronic" queue). You can sign up in the "Pre-registration" section of the "ONLINEINSPECTION.RF" portal.

Collective complaints to the labor inspectorate are a rare phenomenon. Therefore, their creation often entails difficulties. However, in form, such appeals practically do not differ from individual complaints.

The possibility of applying to state bodies, which include the Federal Labor Inspectorate, which exercises state supervision over strict compliance with labor laws, is a constitutional right of citizens of the Russian Federation by virtue of Article 33 of the Constitution of the Russian Federation. This right is not subject to restriction either in content or formal grounds. It can be implemented, including in the form of collective appeals (complaints). A comprehensive normative act regulating the issues of filing and considering complaints from citizens is the Federal Law No. 59 of 02.05.2006, Article 2 of which provides all citizens with the opportunity to create both personal and collective appeals.

The obligation to restore violated labor rights following the consideration of a collective complaint stems from the key powers of the FIT (Federal Labor Inspectorate), defined by Article 356 of the Labor Code of the Russian Federation and the content of the Regulations on the FIT, introduced by Decree No. 78 of the Government of Russia dated January 28, 2000. These powers include:

• state supervision over the observance of labor law norms by employers through surveys, verification activities, presentation of prescriptions, bringing to administrative responsibility;
• protection of a complex of labor rights of employees;
• informing employees and employers about the peculiarities of the application of labor legislation.

Benefits of Collective Appeal

Among the advantages of a collective complaint, it is worth highlighting:

• weight due to the greater objectivity of the community of workers in comparison with the point of view of a single employee;
• mass character, which can lead to the onset of adverse social consequences in case of failure to resolve the problems identified in the complaint;
• the absence of contradictions in the assessments of the existing problem.

Features of processing collective complaints in the FIT

An analysis of the provisions of Federal Law No. 59 of May 2, 2006 allows us to conclude that there are no special requirements for the preparation of collective complaints. The following principles should be adhered to:

• all applicants must agree with the content and requirements of the collective complaint;
• in the upper right corner of the document, after indicating the details of the FIT, in accordance with the requirements of the Federal Law No. 59 of 05/02/2006, the personal data of all applicants (full name, information about permanent residence) must be indicated. Information about the date of birth, passport data, position, contact numbers, e-mail address is optional;
• the first part of the complaint should contain specific facts indicating mass violations of labor rights (with the designation of persons, dates, events), as well as the motives on the basis of which the applicants consider their rights violated. When presenting facts, the principles of brevity, accuracy and reliability must be observed;
• the second part of the document should contain a list of requirements presented by the applicants;
• the complaint must be completed with a list of signatures of all complainants. Blue ink should be used to rule out any suspicion of forged signatures. In this case, each of the applicants must personally decrypt their own signature;
• the document must indicate the contact person authorized by the applicants to file a complaint and receive a response to it.