Complain about the organization to the labor inspectorate. Sample complaint to the State Labor Inspectorate (Labor Inspectorate)

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 ( to her) by the address: index, St. Petersburg, street_____________, d._, apt., tel. _________.

COMPLAINT

about violation of the rights of the employee

I, FULL NAME., in the period from "____" ______________ 20___ to "____" ______________ 20___ ( either currently), have 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 a 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. When an employment contract is terminated 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 offsetting 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 of its being 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 not received by him, 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,

Ask:

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. To oblige __ LLC to reimburse me for lost earnings for the period from 20_ to ________ 20_ in the amount of _________ rubles for illegal deprivation of the right to work due to the non-issuance of a work book;

Many people in our country have a situation related to the violation of their labor rights. But not everyone knows that in order to protect these rights, there is a labor inspectorate, whose activities are aimed at receiving complaints from workers and resolving other issues with employers.

Do not forget that they differ from the general statute of limitations. If the total period is 3 years, then for labor disputes - 3 months. The term begins to run from the moment when the person found out (or should have known) that his rights were violated. So where exactly do you need to file a complaint against the employer and what documents are required for this?

Foundations

Any citizen of our country has the right to apply to the labor inspectorate if his rights as an employee have been violated. The activities of the inspectorate are aimed at restoring this right. You can apply there for any occasion in which an employment relationship took place.

Most often they apply for the following reasons:

Non-payment or withholding of wages.
Refusal to exercise the right to leave.
Violation of working conditions (or their change).
Issues of compliance with the norms and requirements of labor legislation in the field of labor protection.
Refusal to pay for dismissal.
Refusal on the day of dismissal.
Issues related to the peculiarities of working time, namely, overtime work, etc.

There can be many grounds for applying - they are all regulated by the Labor Code of the Russian Federation.

Where can it be done?

So where exactly can you apply?

An application must be submitted to the inspection of the area in which the violation of the rights of the employee occurred. Each region has its own labor inspectorate. There are 3 main submission methods:

Personally. To do this, you need to come with an application and the necessary package of documents to the inspection and hand them over to the reception.
By registered mail with notice. This method is more convenient, but do not forget that a letter with original documents may be lost during the forwarding process.
Electronically via the Internet. For this method, it will also be necessary to draw up an application and collect the necessary documentation package. All documents will need to be scanned and sent along with the application.

The procedure for filing and considering a complaint is discussed in detail in the following video:

Can I complain anonymously?

Many citizens have a question about the possibility of anonymous filing of an application - there may be several reasons for this:

The employee has not left this job, but he wants to initiate a review with his employer (while fearing that his complaint may negatively affect his career).
The employee has already left, but he is afraid of any action by the former employer, which may lead to negative consequences for the applicant.

Whatever the reason, you will have to indicate your data on the application - otherwise it will not be accepted and considered, since the labor inspectorate does not consider anonymous applications.

If an already dismissed employee is afraid of the former employer, in case of illegal actions against him, he will have every right to contact the police, who will take the necessary measures. Besides, in the complaint itself, you can make a request not to disclose data to the other party.

Submission through the site

To file a complaint online, you must:

Go to the official website of the labor inspectorate.
Fill in all the required fields (data about the employee and employer).
State the essence of the problem.
Attach scans of all required documents.

In addition, you will need to choose what actions you expect to receive from the inspection:

Initiate verification of the employing enterprise.
Initiate administrative proceedings, identify the perpetrators and bring them to administrative responsibility.
To get a consultation.

In an electronic appeal, it is also necessary to indicate only real contact details - the inspectorate does not provide assistance to fictitious and anonymous authors.

Within 30 days from the date of submission, the institution's employees consider the appeal and send a response to the applicant.

What is required for this?

To file a complaint, you must write a statement that will contain:

Name, address, contact phone number of the applicant.
Employer data (full name of the head, actual and, name of the enterprise).
In the complaint itself, it is necessary to describe all the circumstances in which the violation of rights occurred.
At the end, it is necessary to make a requirement: what measures the applicant asks to apply to the employer (as in an electronic application), as well as indicate the list of attached documents.
Put the date and signature with decryption.

Main documents to be attached to the application:

Appointment order.
A copy of the work book (if the applicant has one).
Copy of his passport.

As additional, you can choose any documents that the applicant deems necessary when considering his application (memos, e-mail correspondence, etc.)

Consideration period

As in other state institutions, certain periods are set for the inspection, during which this body is obliged to consider the application, take all necessary actions and give a written response to the applicant about the decision taken.

Complaints to the labor inspectorate are considered in time up to one month from the date of receipt. If necessary, this period may be extended, but no more than 30 days. In case of extension of the terms, the employees of the institution are obliged to notify the applicant in writing.

Labor inspection check

There are 2 main verification options:

Planned made without application - at the initiative of the inspector. Most often, they are exposed to enterprises in which numerous violations have previously occurred or have been identified. Before conducting such an inspection, the inspector warns the management of the organization in advance.
target carried out at the request of the employee. Any complaint, as a rule, entails an inspection by the inspector, to whose territory the given enterprise belongs. When visiting the company, the authorized person first of all checks the violations described in the application. If they are detected, the inspector will issue a fine, as well as issue an order to eliminate them, the observance of which he will check during the next visit. Also, depending on the nature of the violations, the inspector may not limit himself to an order, but take more stringent measures in accordance with his powers.

Powers of the Inspector:

supervising the employer's compliance with labor laws;
presentation to the employer of binding instructions for the restoration of the violated labor rights of the employee;
issuance of orders to dismiss from work persons who are not familiar with the safety instructions and could not confirm their knowledge of labor protection;
bringing to administrative responsibility;
investigation of the circumstances of accidents at work;
initiation of legal proceedings on the fact of violation of the law;
suspension of the activity of the organization or its divisions.

What to do if you disagree with a decision

The decision taken by the labor inspectorate (as well as other state bodies) can be appealed if the applicant does not agree with the result.

It is necessary to file a complaint with the head of the relevant state labor inspectorate or the chief state labor inspector of the Russian Federation.

Employer's liability

If the employer does not pay wages for more than 3 months, the employee has the right to write a statement on bringing him to criminal liability.

This document must be sent to the police at the location of the employing organization. In this case, the person responsible for the payment of wages will be involved under Art. 145.1 of the Criminal Code of the Russian Federation.

Application to the labor inspectorate - when should I write it? 4 good reasons + how the labor inspectorate works + a sample application + 3 ways to transfer a document + 5 steps for submitting an online application.

The integrity of the employer is the main stumbling block in many legal cases. A person who works day and night is entitled to stable wage payments, and if there are problems with this issue, contact the labor inspectorate.

The legislative framework of the Russian Federation provides for a number of measures that can influence the employer and resolve the issue as soon as possible.

Today we will look at how to write and submit an application to the labor inspectorate, as well as how exactly such cases are considered in legal aspects.

What is the job of the labor inspectorate?

Labor laws are aimed at supporting employees throughout the country, but in order to comply with them, a special department is needed that will be able to resolve labor disputes between the employer and the employee from the enterprise. In order for 2017, such a body is the labor inspectorate.

The Labor Inspectorate is a department subordinate to the Ministry of Labor of the Civilian Population of the country.

Any head of an enterprise that has official registration is obliged to comply with the decisions that are made by the labor inspectorate in full. If your employer conducts an unofficial type of activity, you should write an application to resolve the issue already in the prosecutor's office or tax office.

What does the labor inspectorate do?

makes raids, both on public and private facilities, in order to identify offenses related to the labor activity of employees;
considers cases related to accidents that took place at the enterprise;
regulates the issue of social payments, which mainly include benefits;
supervises the work of the guardianship departments of enterprises that deal with citizens with physical / mental problems;
deals with the resolution of labor disputes written on behalf of the team (only for state institutions);
testing working conditions;
analyzes the legal norms of employees on labor protection at enterprises.

The main purpose of the labor inspectorate– consideration of applications of employees and taking measures to resolve them in a pre-trial order. In addition to the main areas of work, the labor inspectorate also resolves other issues related to employee-employer relations.

The official body that represents the interests of the inspectorate is Rostrud.

In what cases does a person write an application to the labor inspectorate?

Before the labor inspectorate directly deals with the issue, the application is considered by a special department - labor dispute committee. If in the process of work a solution was not found that satisfies both sides of the conflict, the labor inspectorate directly enters into work, which is engaged in scheduled / unscheduled inspection of the enterprise where the employee works / worked.

In the legal aspect, all actions of this body are based on the Labor Code of Russia (https://www.consultant.ru/document/cons_doc_law_34683). You can see detailed information on the cases in which a person can write an application to the labor inspectorate in the table below.

Legal aspects of filing an application with the labor inspectorate:

Article	Content of the problem	Preventive measure
Art. 142 Labor Code of the Russian Federation cons_doc_LAW_34683/67f5b7767847d 2483a67262f342f35cf922855a2)	When wages were delayed for more than 15 days. In this case, work is suspended until the full repayment of the debt by the employer.	Until the debt has been paid, the employer is obliged to pay for the “downtime” of the employee’s work, based on the average calculation of his salary.
Art. 236 of the Labor Code of the Russian Federation (http://www.consultant.ru/document/ cons_doc_LAW_34683/7c8d2fe49f0c8b 8d13723803f2e82228f99b6d7e)	Compensation from the employer of funds for the delay in the payment of official wages.	Interest is paid for each overdue day in the amount of 1/300 of the rate of the Central Bank of Russia.
Art. 5.27 p. 6 of the Code of Administrative Offenses of the Russian Federation (http://www.consultant.ru/document/ ce814266fd45eb5fff8b30449b6)	Refusal to pay salaries to an employee of the enterprise is an administrative responsibility.	Penalties: IP - up to 5,000 rubles; for the culprit - up to 20,000 rubles; Legal entities - up to 50,000 rubles.
Art. 5.27 p. 7 of the Code of Administrative Offenses of the Russian Federation (http://www.consultant.ru/document/ cons_doc_LAW_34661/7ff50b874c8cb ce814266fd45eb5fff8b30449b6)	Repeated refusal to pay wages to an employee of the organization.	Fine: IP - up to 5,000 rubles; for the perpetrator - up to 30,000 rubles + the possibility of dismissal without the right to work for up to 36 months; Legal entities - up to 100,000 rubles.
Art. 145.1 p.1 of the Criminal Code of the Russian Federation (http://www.consultant.ru/document/ 71173b3cce472934e8871e64b3)	Cuts in wage payments to employees with personal intent for 3 months or more.	Fine up to 120,000 rubles; or disqualification up to 2 years; or community service up to 2 years; or imprisonment for up to 1 year.
Art. 145.1 p.2 of the Criminal Code of the Russian Federation (http://www.consultant.ru/document/ cons_doc_LAW_10699/cd3e8b59f3f954 71173b3cce472934e8871e64b3)	Complete refusal to pay wages for more than 2 months.	Fine up to 300,000 rubles; or community service with disqualification for up to 3 years; or imprisonment for up to 3 years.

Rostrud, as one of the control bodies from the labor inspectorate, is obliged to respond to each employee's statement and resolve the issue as soon as possible.

The threat of filing an application with the labor inspectorate can stimulate the employer to pay wages, since an unscheduled inspection can bring much more problems than saving money on several employees.

In addition to punishments for non-payment of wages, an employee can write a statement if one of the 3 following reasons occurs:

Error in the amount of compensation after dismissal.

When an employee leaves work due to dismissal, he receives a full payment from the accounting department along with compensation. If this amount is too small or not available at all, you have the right to write an application to the inspection.

The result will not be long in coming: it will be possible to receive compensation within 10-15 days from the date of application.

Denial of allowance.

Social benefits are a very important source of income for privileged categories of citizens of the Russian Federation. Individual entrepreneurs, and sometimes state structures, try to save on benefits and do not provide payments in full, or refuse to accrue them at all.

In the event of such situations, you should immediately submit an application to the labor inspectorate for consideration.

Vacation denied.

According to the current legislation, each employee has the right to leave after 6 months of uninterrupted work. Many private organizations ignore this right, explaining this by high workload.

The incentive may be a bonus, but keep in mind that 2-3 years without a vacation can have a very negative impact on the psychological state of a person.

Having in order to solve one of the above issues, you can safely send an application to the labor inspectorate. A timely appeal will save you from unreasonable oppression from the leadership and provide an opportunity to clarify the situation in the legal field.

How to write an application to the labor inspectorate?

For citizens of the country, the legislation does not establish a unified form of appeal to state bodies in writing, therefore each person draws up an application independently.

In order not to be refused due to illiteracy in drafting the document, we have prepared a couple of tips for you that will help you work correctly not only with the application to the inspection, but also with other official documents.

General set of rules:

use business language in writing the text and describing the situation that has arisen;
omit jargon and obscene language - they can lead to a refusal to consider the application;
any application must contain the signature of the originator;
the heading of the document must contain the main information about the state structure where it is sent;
do not forget to indicate the return contact details for communication;
if the application contains any additional papers, attach them to the document.

By following these simple tips, you can make a quality application that will not pass by the eyes of labor inspectors.

1) What are the submission options?

To date, employees have several methods of submitting an application to the inspection. Depending on the level of employment, as well as the work schedule (many agencies work at the same time as the state inspection department), a person can decide for himself which option suits him best.

There are 3 main methods of applying.

Method number 1. Personal visit.

In 90% of cases, large settlements have 1-2 inspection departments capable of receiving visitors and consulting on a question of interest to them.

It is very important to use a personal visit if you are not completely sure that you are right - professionals will be able to advise you and help you decide on applying for an employer.

What documents to take with you:

identification;
a copy or original of the employment contract;
documentary evidence that can tip the scales of justice in your favor;
management orders that are directly related to your purpose of writing the application.

Sitting down at the table and taking a sample from a consultant, writing the correct application will not be difficult. But if there is no desire to do it on the spot, we will describe in detail the procedure for compiling it at home below. After transferring the completed document to the employee, you will receive a spine confirming the action taken.

Method #2. Sending by mail.

The compilation algorithm does not differ from other options - only the finished application will need to be sent to the recipient not personally, but through mail services. If additional papers are attached to the letter, make an inventory of them and attach them to the application itself.

When sending by mail, it is better to use not original papers, but their certified copies - this will help to avoid problems if the letter is suddenly lost on the way.

The best way to send documents is by registered mail with proof of delivery. You will have a coupon with a serial number in your hands, which will allow you to track the package all the way to the labor inspectorate.

After receiving and considering the case, one of the employees of the state body will contact you and discuss the details of resolving the issue of interest.

Method number 3. Online application.

The official website of Rostrud provides network users with the opportunity to electronically submit an application to the labor inspectorate.

The advantages are obvious - by devoting 30-40 minutes of personal time, a person can, without leaving home, send an application to the appropriate authority and receive a comprehensive answer within 1-2 business days. We will discuss this method in more detail below.

Whichever option you choose, everywhere you will need skills in preparing an application. And if during a personal visit, it is possible to fill out a document together with a consultant, then doing this at home, a person may encounter certain difficulties.

2) Sample application to the labor inspectorate.

So that you can fill out an application at home, we have prepared a sample for you with a ready-made practical example of a situation regarding non-payment of wages to an employee. The reason may be different - it all depends on the situation in which the employee of the enterprise finds himself.

The official statement in its structure contains 4 main parts, without which, its consideration by the labor inspectorate is impossible. The correct drafting of each of them will simplify the review procedure for government officials and increase the speed of progress of the case.

4 elements of the document, how to write an application to the labor inspectorate:

A cap. Contains the main data on the labor inspectorate or authorized person who will receive your application.
If this is a department, it is enough to write the postal address of the institution. If the recipient is an individual, in addition to the standard data, write the full name. and the person's position.
Name. Regardless of the purpose of your request, you should always adhere to well-established standards in the submission of documents to official control bodies and write the word “Statement” in the table of contents.
Content. The body of the application must contain the most important information regarding the case.
The description should include:
- detailed information about the employer;
- accurate data on the concluded employment contract + the current position of the employee in the organization;
- date of issue of wages together with the period of delay;
- how much the employer owed the employee and what measures the person took to get the money.
State the requirements of the case in as much detail as possible, indicating all the nuances. When writing an application from 2-3 people at once (collectively), the amount of debt is described for each individual in a separate order.

Do not forget to indicate articles from the legislative base, thereby confirming your words in the legal field.

Conclusion. Contains the signature of the applicant(s), as well as the date on which the current application was made by the individual.

Following the structure described above, you can draw up a document yourself, using a sample application to the labor inspectorate as visual material.

How to write an application to the labor inspectorate online

Why make a lot of unnecessary gestures when you can send an application to the inspection while sitting on the couch at the laptop monitor? This service has only recently begun to operate, but the news about the new features of the Rostrud service quickly spread around the Internet.

We decided to describe the step-by-step algorithm of this procedure and pay attention to the nuances that may arise when drawing up an online application.

There are 5 steps to follow to apply online.

Stage 1. Reason.

To use the procedure in question, go to the Onlineinspektsiya.rf resource, where on the main page select the section for reviewing issues for employees.

In the section that opens, stop your choice on the item " Report a problem". By hovering over the mouse, you can find additional information on the issue of writing an online application to the labor inspectorate.

Indicate the category(1) that your question belongs to. The structure of the site will allow you to optimize your search as much as possible and make a step-by-step choice from the initial category to a narrowly focused question (2).

After confirming the reason you are interested in, mark the result (3) that you expect from solving the problem.

Stage 2. Filling in personal data.

Before you start working with the document online, confirm the registration through the public services website. This measure reduces the amount of spam to the labor inspectorate, since only verified citizens can get an account on the public services website.

If desired, the user can familiarize himself with the information that the resource of the labor inspectorate will use - just click on the “? » next to the corresponding item.

After logging into your account on the public services website, you can continue to work further.

A questionnaire will appear containing three fields to fill out - full name (1) and contact information (e-mail address and telephone number in international format) (2). For general visibility, the user must fill in two nickname fields, which indicate the data visible to other users.

Stage 3. We draw up an application to the labor inspectorate.

To make the information readable, forms with fields will appear on the site in turn, which will require your attention. Try not to make mistakes when filling out - your information can be used in legally significant documents.

Initially, you should submit information about the individual / legal entity for which the application will be written. Specify the organization or individual (1), then add the address (2). You can show the location either through the standard description or using the Yandex.Maps service.

This is followed by a block with a step-by-step description of the exact data on the employer, including the legal address, the position that you occupy in the organization, and brief information about the person himself (1-5). All completed fields are hidden for other users, only an authorized employee of the labor inspectorate will be able to get acquainted with the information.

Finally, we got to the main block, where the user will be able to “pour out his soul” to the inspection workers in a business style and reveal the situation in the most detailed form (1).

If there are additional documents confirming your words, upload them through a special form (2). Data that is not desirable to be made public, enter in the last field (3).

Stage 4. Sending the application.

Please double check your information before submitting. As already mentioned, any inaccuracies can adversely affect the procedure for considering the case, up to the rejection of the application.

In the last step, indicate which petition best suits your goals(1).

Do not forget to read the user agreement of the service (2), although many people do not like this step, in this case it is necessary. Press the button "Send" (3) - your application has been delivered to the labor inspectorate and will be reviewed shortly.

Stage 5. Consideration of the application.

Implemented within 30 calendar days since writing. Your case will be reviewed by a separate inspector, who, after a detailed study of the facts of the case, will visit employers and conduct an unscheduled inspection.

What will the labor inspector check:

according to which charter the legal / natural person operates;
documents containing figures on bonuses and incentives for employees;
all types of employment contracts of the enterprise;
accounting reports;
a list of protocol records for resolving contentious issues within the organization.

The result of the audit is the conclusion of a specialist, drawn up in the form of an act, in which the arguments of the employee are confirmed or refuted that he wrote the application.

If all the information specified in the employee's application was in place - in 10 days the authorized bodies of the labor inspectorate reprimand the case for the management of the organization.

What measures can be taken:

the requirement to resolve the issue of the employee who sent the complaint within 1 month, after which they report according to the model to Rostrud;
imposition of a fine if the case is recognized as an administrative violation;
sometimes the work of the organization is temporarily suspended until the issue is resolved;
dismissal of a responsible employee from his position + imposition of penalties;
In rare cases, a criminal case may be initiated.

Measures of restraint against several employees of senior positions can be combined and distributed depending on the degree of guilt of each of them.

When can an online application to the labor inspectorate be rejected?

Lack of personal information.

Anonymous statements are not legally valid unless it is a threat to a person's life. By omitting some personal data on purpose or by accident, or by indicating someone else's, you risk being ignored by the labor inspectorate.

Too much subjectivity.

Such phrases as "I think", "I suppose" and so on, are not documented, have no legal value. In describing the situation, use only reliable facts that have taken place, and which have confirmation.

Illiteracy.

A large number of spelling errors and obscene language with 100% probability guarantee the rejection of your application.

Errors on the server.

Although the labor inspection service runs on stable servers, there is always the possibility of a system failure. After a month has passed and you still haven't received a response to your application, resubmit your application.

Specify the mailbox when filling out contact information - this step will allow you to find out about the status of your application + will give you the opportunity to get acquainted with the reasons for the refusal, if any.

Is it possible to appeal the decision of the labor inspectorate?

Do not think that the labor inspectorate is always supportive of the injured party. Each case is evaluated objectively, and if the evidence of the guilt of the management, from the point of view of the inspector, is not enough, the result may be a partial or complete refusal to comply with the requirements of the applicant.

To appeal the decision of the labor inspectorate, you must follow 3 steps.

Step #1. Letter to the management of the labor inspectorate.

If you are in no way satisfied with the outcome of the case, you must within 30 days from the date of its announcement write a letter of complaint to the head of the department in your area. Point out questionable points in the decision of the inspector that dealt with your case, and provide your own arguments on this issue.

If your request was granted, we stop; if not, we move to step number 2.

Step #2. Collection of information.

The Inspectorate resolves cases in a pre-trial order, however, when appealing, it is impossible to do without the participation of this authority. Collect a package of papers that, according to the labor inspectorate, are of a twofold nature and cannot be taken as full evidence of the employer's guilt.

If there is not enough evidence presented, find other arguments that will help defend your point of view in court.

You will know when to contact the labor inspectorate,
and how to complete and submit an application.

Step #3. Submission of documents to the court.

The judicial authorities issue a sample application, according to which you will need to write a request to consider your issue. At the request of authorized persons, submit the previously sent application to the labor inspectorate (or a copy thereof). Together with the application, the documents collected by you on the case are also transferred to the court.

To have a better chance of success, hire a lawyer or at least consult. After payment of the state fee, a date for the consideration of the case will be set. The average waiting time before a final court decision is issued does not exceed 1 month from the start of proceedings.

Application to the labor inspectorate– the fastest way to get a solution to the problem without lawsuits. A properly drafted document will speed up the application process and provide a better chance of success.

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

Today you will learn:

Where to complain if working conditions are violated;
How is a complaint made and filed?
What are the deadlines for consideration set by the state;
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 the employer refused to issue a work book on the last working day;

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.

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;
Employment contract. This option is useful if mistakes were made during the acceptance or dismissal.

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:

Go to the official website of the labor inspectorate;
Find information for the employee, in which there will be a section "write an appeal";
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:

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.

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:

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.

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.

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);

Regardless of the grounds for which the employee is dismissed, the employer is obliged to pay him the benefits provided for by the Labor Code of the Russian Federation, as well as return the work book.

The employer is obliged to do this on the day of termination of employment, that is, on the day when the employee signed the order of his dismissal. This is stated in Art. 84.1 of the Labor Code of the Russian Federation.

If the employer does not do this, the employee has the right to file a complaint with the labor inspectorate at the location of the employer.

Upon dismissal of an employee, the employer must pay him:

Salary for the time actually worked, according to the work schedule and the position of the dismissing employee;

Compensation for a vacation that the employee did not have time to "take off";

Severance pay, if it is provided for by the grounds for dismissal and labor legislation;

Other payments that may be specified in the collective or labor agreement.

If the employer does not return the work book to the employee on time, he violates the employee's legal rights to work. As you know, without a work book, an employee cannot get a job.

In addition to the work book and the payment of all necessary benefits, the employer must issue copies of all documents related to his work activity to his former employee. This must be done within 3 days after signing the dismissal order.

To receive these documents, the employee must write a written application in 2 copies and register it with the personnel department.

It is worth remembering that you do not need to write any statements to receive your work book. The employer is obliged to return it on the day of termination of employment with all the necessary records and seals.

You can download a sample application to the GIT about violation of labor rights.doc
by this link

trudinspection.ru

Features of the formation of a complaint to the labor inspectorate: sample format, methods of sending and response to the application

Appeal to the state labor inspectorate is a means of protecting the violated rights of an employee. The task of this structure is to monitor compliance with labor legislation and quickly respond to its violations.

Complaints are examined by legal labor inspectors. In order to correctly apply to the inspection, you need to know a number of the following legal and practical nuances.

Dear readers! Our articles talk about typical ways to resolve legal issues, but each case is unique.

If you want to know how to solve exactly your problem - just call, it's fast and free!

Reasons for complaining about an employer

People turn to the inspection, as the employer does not fulfill his duties, abuses his position and the employee's dependence on wages, refuses to pay the money earned, and arbitrarily dismisses people without sufficient reasons.

Most employers believe that they themselves, if they wish, can fire an employee at any time. This is wrong. The employee is protected by law and violation of his legitimate interests may cause the employer to be fined and subject to other liability.

Purpose of the application

A complaint to this organization is filed to protect against negligent employers who violate labor laws.

If the arguments of the complaint are confirmed, then in accordance with Article 356 of the Labor Code of the Russian Federation The legal labor inspector has the right:

issue an order to eliminate the identified violations;

apply to the court to protect the interests of the applied employee;

send case materials to law enforcement agencies to attract the guilty employer under Art. 5.27 of the Code of Administrative Responsibility (violation of labor legislation and other acts containing labor law norms);

suspend the activities of the organization.

When is it necessary to contact the state labor inspectorate?

The inspection should be contacted if the employee wants to promptly consider his complaint and make a decision. Commissions on labor disputes are not always effective and dependent on the will of the head or owner of the enterprise.

Going to court takes time, money and nerves, since not everyone can and wants to endure a long nervous trial.

The following items must be included in the complaint:

Full name of the head of the territorial inspection body at the place of violation of labor rights;

Full name of the applicant, address of his residence and contact details, including phone number;

circumstances of violation of labor legislation;

a request for the restoration of a violated right;

initials of the applicant, date of application and signature.

How to correctly write a petition?

In the application, it is necessary to indicate in as much detail as possible the circumstances of the violation of rights, substantiate them by oral and written agreements with the employer, internal labor regulations and the legislation of Russia.

To facilitate the verification, it is also desirable to indicate the witnesses of the employer's abuse of their rights, as well as attach the necessary documents (a copy of the order, contract, act of the employer, internal local documents)

Detailed instructions for registration

In his complaint, the applicant must indicate in detail the circumstances of the employer's failure to fulfill its obligations, in particular:

start date of work. For example: “I started work on January 15, 2017”;
date of conclusion of the employment contract. For example: “an employment contract with me was concluded on January 15, 2017, one copy remained with the employer, one with me”;
Are you familiar with the job description? and safety regulations (“on the first day of work, I signed an instruction with my duties and safety precautions”);
what are the violations of his rights, what evidence is available, including testimonies and documents (“the employer dismissed me without warning without giving a reason and now does not let me go to the place of work. Non-payment of wages for the days worked occurred regularly. These circumstances can be confirmed by telephone conversations and the inspector of the personnel department”) ;
attempts to resolve the dispute with the employer on my own or by contacting the labor dispute commission (I tried to talk with the employer, to convince that I could continue to work, I asked to indicate specifically my shortcomings, but all to no avail. There is no labor dispute commission in this organization. ");
request for restoration of the violated right(“I ask you to give an order to reinstate me at work and not obstruct my performance of my work duties”);
attachments to the application(copies of the work book and contract, appealed order, internal local acts of the enterprise, etc.)

How to send paper

The application can be submitted directly to the regional branch inspections at the place of violation of labor law. It must be drawn up in two copies, one copy remains in the inspection, on the other, the employee of the office signs the acceptance of the application.

The second copy remains with the applicant and is proof of the appeal in case he remains dissatisfied with the answer to his appeal.

The application may be sent by registered mail with notification. In this case, it is necessary to keep the receipt of sending the application and the notification form with the signature of the responsible person of the office on receipt of the letter of complaint.

Statement also can be sent online through the website regional inspectorate. To do this, you need to go to her website, find a special application form and fill in its fields in accordance with the instructions.

Optimal is to file a complaint in person, since in this case, legal labor inspectors will soon begin to consider it and make a legal decision. In addition, when submitting an application, you can go to the reception and directly explain the essence of your complaint to the head of the inspection and ask it to be considered as soon as possible.

Response to a complaint

Upon application, the inspection conducts a thorough check, as a result of which it can issue an order to the employer to eliminate violations of labor law, send the materials of the check to the prosecutor's office, or leave the application without satisfaction if the circumstances of the complaint are not confirmed.

Conclusion

An application to the state labor inspectorate is an effective means of protecting the rights of an employee. It should be resorted to if negotiations with the employer or the commission on labor disputes at the enterprise do not give the desired effect.

An application to the inspection must be written correctly, indicating in detail all the circumstances of the violation of rights by the employer. The Inspectorate issues an order on the inadmissibility of violation of the right, which is mandatory for implementation.

Complaint to the labor inspectorate - sample complaint

If your employer violates labor laws, refuses vacation, does not pay bonuses, or delays in paying salaries, the Labor Inspectorate should help.

How to write correctly Complaint to the Labor Inspectorate and how to achieve the fulfillment of the terms of the contract by the employer, we will consider in this article. The State Labor Inspectorate is the body that controls the implementation of the Labor Code.

Contacting the Labor Inspectorate

These duties are imposed on the Labor Inspectorate by Decree of the Government of the Russian Federation No. 324 dated June 30, 2004 “On Approval of the Regulations on the Federal Service for Labor and Employment”.

Accordingly, the Labor Inspectorate is obliged to conduct scheduled and unscheduled inspections to monitor compliance with labor laws by the employer.

Therefore, in case of any violation of your labor rights - in case of violation of the term of due payments, in case of non-payment by the employer of the allowances and bonuses due to you, in case of violation of the set working time, in case of non-payment of overtime, in case of violation of the vacation regime, you have the right to complain to the State Labor Inspectorate of one or another territorial division or through the online contact form.

How to write a complaint to the Labor Inspectorate

There is no single answer to this question, since there is no single form of complaints in labor and civil legislation, so you can write a complaint in any free form. The only requirement is compliance with the rules of business correspondence, including the following:

Reliability, brevity and accuracy of presentation of information. As usual, you must state only proven facts that can be cross-checked, and not allow subjective assessments and reasoning that is not related to the essence of the matter.
Rules of the Russian language, literacy of presentation and observance of spelling rules are required. Stick to good presentation.
Be sure to write your details correctly: full name and contact phone number to send a response to the complaint.

Complaint against the employer to the labor inspectorate - sample writing

A sample plan for writing a complaint is given below:

From 2014 to the present day, I have been working as a gasman at the gas station of Gazpromneft-Center LLC, which is located at the address: Krasnodar, Uralskaya Street, 96/3. From August 2015 to the present, the employer has not paid me a bonus, referring to the fact that the head organization Gazpromneft-Center LLC has switched to austerity mode due to the global economic crisis and has set a bonus percentage of 0 for all gas station employees .45%. I repeatedly wrote applications for the restoration of the payment of the bonus due to me under the contract, but the accounting staff and the management of the gas station did not accept my applications for consideration.

After another refusal on September 16, 2016, I wrote a complaint addressed to the general director of the company, Ivanov Efim Solomonovich. Although the receptionist accepted my application, she refused to sign the second copy. I did not receive a response to my appeal.

Then I tried to talk to the director personally and made an appointment on October 11, December 2016. During the conversation, the director pointed out that no one in our organization receives the award, even the director, and suggested that I look for better conditions in other organizations.

In connection with the above

Check the above facts and bring those responsible to justice.
Ensure the implementation of my right to full payment of the bonus in accordance with the concluded employment contract.

File a complaint with the Moscow Labor Inspectorate

What are the ways to file complaints with the Labor Inspectorate?

Complaints to the Labor Inspectorate can be sent in three ways.

Personally come to the reception to a specialist and give him a complaint.
Forward the complaint to the address of the Labor Inspectorate using the Russian Post.
File a complaint online on the website of the State Labor Inspectorate.

Consider the advantages and disadvantages of each of these three methods:

In the first case, you usually write 2 copies of the complaint indicating to whom it is addressed and from whom it is sent, enter your contact and passport details, go with it to the inspection and give it to a specialist. Make sure that the time of filing is recorded on the second copy of the complaint with the date and signature of the official who received the document from you. It is important to indicate not only the address for the answer, but also the phone number for resolving issues that may arise during the consideration process.
If you choose to mail your complaint, the process is almost the same. At the post office, you will be required to complete a notice form and send your complaint by registered mail with notice. The notice should be returned to you with the date the complaint was received and the signature of the receiving officer. The shipping receipt is also proof of shipping until the notice is returned. The second copy of the complaint is not used in this case.
Finally, if you are filing a complaint online, you will have to find the labor inspectorate's website, find the link in the "Report a problem" drop-down menu, select one of the 11 categories of the problem (for example, employer's liability, change in working conditions, wages or dismissal), fill in the data, choose what result you expect to get (for example, hold the employer liable or just get advice). Thus, filing an application through the online site is quite simple and convenient. If your category is not on the list, you can write in the "Other questions" section.

To send an application, you must provide certain information about yourself, that is, indicate your name, provide your residential address, telephone number for communication and e-mail for a return response to your appeal.

Moreover, you can choose the way to receive a response yourself, whether it will come to the Russian Post or to your email box.

After these formalities, you write the text of your appeal. We have already considered the basic rules for filing a complaint, so we will only add the possibility of attaching scanned copies of the necessary documents to the complaint - an employment contract, etc.

All is ready? Click "Submit Application" and you're done!

Important additions when contacting the Labor Inspectorate

The deadline for responding to your complaint is no more than 30 days from the date of filing. This period is fixed in the text of the Federal Law "On the Procedure for Considering Appeals from Citizens of the Russian Federation".
You must provide information about yourself (full name, address, telephone number) and this information must be reliable. Otherwise, your complaint to the labor inspectorate may be left without consideration. In addition, insults or swearing are not allowed in the text of the complaint, these violations also mean that your complaint will not be considered.
If an inspection was carried out on your complaint and its results did not satisfy you, you have the right to appeal against the actions of the inspector conducting the inspection to his immediate supervisor. If this does not bring the expected results, you can apply to the prosecutor's office and the court. In many cases, the easiest way to get back payments due to you that are delayed by the employer is through the courts. It makes sense to write to the prosecutor's office only in the case of the required sanctions against officials who have violated the law.
To expedite the consideration of the issue, you can apply simultaneously to all instances: the Labor Inspectorate, the court and the prosecutor's office.
Of course, before applying, it is advisable to make an attempt to resolve your issue amicably, that is, to apply with a statement first to your leader, stipulating in the complaint the proposed measures to resolve the situation and the time frame for resolution. With the legitimacy of your requirements, this method will often lead you to a resolution of the conflict.
Attention! If the employer puts pressure on you and inclines you to write a letter of resignation of your own free will, in no case give in. He has no right to dismiss you without recorded violations on your part. And if it happened against the law, you can appeal this decision and be reinstated with compensation for damages.

If your complaint to the labor inspectorate remains unanswered, write a second one, be sure to specify in the text of the complaint that this complaint is filed a second time and that you did not receive a response to the first complaint filed on such and such a date. In order to appeal the decision on the refusal by the labor inspectorate to accept your complaint for consideration, the response sent to you must contain the reason for the refusal, and if you do not agree, you have the right to apply to higher authorities to restore justice.

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Labor Inspectorate Penalties 2018

Violations of labor legislation entail disciplinary, administrative and criminal liability.

Subjects of offenses in the field of labor

The Code of Administrative Offenses of the Russian Federation provides for various types of administrative liability for failure to comply with the norms of legislative acts relating to labor relations and labor protection. Penalties for violation of labor laws are imposed on officials:

managers and their representatives;
chief accountant;
head of the personnel department;
persons performing the duties of compliance with the rules of labor protection.

In case of repeated involvement for a similar administrative offense, the court may impose a punishment in the form of disqualification of officials for a period of 1 to 3 years.

Citizens and legal entities can also become subjects of offenses.

Administrative fines of the labor inspectorate 2018

For non-compliance with the requirements of regulations applicable to collective agreements, the following sanctions are provided by the labor inspectorate:

in case of evasion from participation in negotiations concerning the conclusion, amendment or addition of a collective agreement, violation of the terms of negotiations, a fine in the amount of 1,000 to 3,000 rubles is imposed. (according to Article 5.28 of the Code of Administrative Offenses of the Russian Federation);
if the employer fails to provide information within the prescribed period for collective bargaining and monitoring compliance with the terms of the agreement, a fine of 1,000 to 3,000 rubles is imposed. (according to Article 5.29 of the Code of Administrative Offenses of the Russian Federation);
in case of unjustified refusal of the employer to conclude a collective agreement - a fine of 3,000 to 5,000 rubles. (according to Article 5.30 of the Code of Administrative Offenses of the Russian Federation);
if the employer fails to comply with the terms of the collective agreement - a fine of 3,000 to 5,000 rubles. (according to Article 5.31 of the Code of Administrative Offenses of the Russian Federation);
if the employer evades participation in conciliation processes and does not provide premises for the work of the conciliation commission - a fine from 1000 to 3000 rubles. (according to Article 5.32 of the Code of Administrative Offenses of the Russian Federation);
in case of non-compliance with the terms of the agreement reached as a result of the conciliation procedure - a fine from 2000 to 4000 rubles. (according to Article 5.33 of the Code of Administrative Offenses of the Russian Federation);
upon dismissal of employees who took part in labor disputes and strikes - a fine of 4,000 to 5,000 rubles. (according to Article 5.34 of the Code of Administrative Offenses of the Russian Federation).

For Art. 5.28 - 5.31 of the Code of Administrative Offenses of the Russian Federation also provides for an administrative penalty in the form of a warning.

Violation by the employer of the rules for recruiting stateless persons or foreign citizens to work, including failure to notify the regulatory authorities (Article 18.15, part 3 of the Code of Administrative Offenses of the Russian Federation), entails a fine in the amount of:

from 2000 to 5000 rubles. on citizens;
from 35,000 to 50,000 rubles. to officials;
from 400,000 to 800,000 rubles. to legal entities.

According to Art. 15.34 of the Code of Administrative Offenses of the Russian Federation, for the concealment by the insured of the occurrence of an insured event at work, citizens are fined in the amount of 300 to 500 rubles, officials - from 500 to 1000 rubles, legal entities - from 5000 to 10000 rubles.

If the causes and conditions that led to the commission of the offense and specified in the decision issued by the labor inspectorate are not eliminated, the fine is from 4,000 to 5,000 rubles. (Article 19.6 of the Code of Administrative Offenses of the Russian Federation).

Labor Inspection Check: Fines and Criminal Liability

According to the Criminal Code of the Russian Federation, an employer may be held criminally liable for violation of labor laws. An employer may be fined:

up to 200 thousand rubles for the dismissal of a pregnant woman or a woman who has children under the age of 3 years (Article 145 of the Criminal Code of the Russian Federation);
up to 80 thousand rubles for non-payment of wages to employees for more than 2 months (Article 145.1 of the Criminal Code of the Russian Federation);
up to 200 thousand rubles for violation of safety requirements that caused serious harm to human health (Article 143 of the Criminal Code of the Russian Federation).

In addition to a fine, managers may be punished in the form of compulsory work, imprisonment for a period prescribed by law, with deprivation of the right to engage in a certain type of activity.

When imposing punishment, the forms and motives for committing the violation, the degree of public danger, the identity of the perpetrator, his property status and circumstances that aggravate or mitigate responsibility are taken into account.

What documents are checked by the labor inspectorate?

The State Labor Inspectorate has significant powers to verify employers' compliance with labor law requirements. So what documents does the labor inspectorate check? It is not possible to provide a complete list of them, since when carrying out supervisory and control measures, inspectors may require the employer to provide any documents related to the subject of the audit. In what follows, we only mention the main ones.

Documents on labor relations

All personnel documents regulating labor relations can be divided into two types:

mandatory, the availability of which employers have is directly determined by labor legislation;
optional, i.e. having a recommendatory character.

Mandatory documents include:

employment contracts;
work books;
staff schedules;
books of accounting for the movement of work books (inserts to them);
documents that establish the procedure for processing personal information of employees, as well as their legal status in this area;
internal labor regulations;
vacation schedules;
shift schedules;
personnel orders;
personal cards of employees;
timesheets;
medical books.

It is these documents for the labor inspection that are the main ones. Their inspectors check first.

Optional documents include:

regulations on various structural divisions;
regulations on attestation of employees;
job descriptions;
staff regulations, etc.

Optional documents can be checked on an equal footing with the main documents if they relate to the subject of the check.

Rules for the preparation of basic documents on labor relations

It must be borne in mind that sooner or later any employer is expected to be checked by the labor inspectorate. Documents for it must be prepared in advance. They must comply with all legal requirements.

Employment contracts

place of work;
labor function of the employee;
date of commencement of work;
terms of remuneration;
working time (rest time);
conditions relating to compulsory social insurance of the employee;
other conditions, according to labor legislation.

The contract is drawn up in writing and signed by the employee and the employer (authorized representative), and also sealed (if any).

Vacation schedule

It is compiled annually, it is necessary to familiarize all employees with it against signature. Sometimes it happens that employees are not given vacation according to the established schedule. In this case, the employer runs the risk of being punished for violating labor laws. The vacation order is signed no later than two weeks before the start of the vacation, the employee must be familiar with it.

Employment books

The procedure for maintaining, as well as storing work books, is established by the relevant Rules approved by the Decree of the Government of the Russian Federation.

Documents relating to the payment of wages

The employer should be very careful about the issue of paying wages. It must be paid to employees on time and in full. Payments must be recorded in special documents (salaries, pay slips, etc.). In case of violation of the size and timing of payments, the employer may be held liable.

Documents related to labor protection

These include:

labor protection instructions;
instruction logs;
logs of registration of accidents that occurred at work;
personal protective equipment cards;
schedules of medical examinations;
regulations on the procedure for issuing protective equipment to employees;
other documents.

The list of such documents is individual for each employer. It depends on the specifics of the company or private entrepreneur.
Labor protection instructions must be approved by order; employees should be familiarized with them against signature. To do this, you can create a special journal. Familiarization is carried out when a citizen is hired or after the instructions are approved.

Thus, the legislation endowed the State Labor Inspectorate with exclusive powers to check various kinds of documents of employers. However, it must be remembered that the law prohibits inspectors from demanding documents that are not related to the subject of the inspection.