Features of drawing up an anonymous complaint to the labor inspectorate against an employer and methods of sending

There are situations when there is an urgent need to complain to the State Labor Inspectorate about any actions (or inaction) of the employer. At the same time, it is important for the applicant that his personal data does not appear in the complaint. It is possible to do something like this. Let's look at how to contact the labor inspectorate anonymously, how to make a complaint and how to convey it to the addressee.

Anonymous appeal

There is no specific standard for writing to the labor inspectorate. It is only important that it be written concisely, without emotion. It is necessary that the facts described in the application correspond to the actual state of affairs. If there are documents directly or indirectly indicating a violation of labor laws by the employer, copies of these documents should be attached to the complaint.

If the complainant wishes that his personal data not appear in the complaint, he must indicate this in the application. The request looks something like this: “Please do not disclose information about me as an applicant.” It should be noted that you still need to provide your personal data; without this, the complaint will not be considered. Thus, this statement will be anonymous only for the employer against whom the complaint is made.

Some facts

Penalty options, including fines and criminal liability, can be applied to the main persons of the organization, as well as to those directly responsible. For example, if an employee says that he works in conditions that do not meet safety standards, then not only the boss, but also the labor protection specialist may be guilty in this case.

An anonymous complaint to the labor inspectorate is a real opportunity to report violations on the part of the employer without fear of a negative reaction or retaliation.

The labor supervision inspector has the right not to disclose the source of information. Only this fact distinguishes the official filing of a complaint from an anonymous one. Essentially, in the full sense of the word, such a statement cannot be called anonymous. This is just one form of formal complaint, but without permission to refer to the complainant.

Do not index salaries

❌ Hire an employee, set the salary and not raise it for years. Or raise, but for increased responsibilities or career growth.

✅ To prevent employees from suffering from inflation, employers are required to periodically index wages. This is the obligation from Art. 134 Labor Code of the Russian Federation.

Wage indexation is an increase based on the increase in retail prices for goods and services. At the same time, the employee continues to perform the same work.

For civil servants, indexation is prescribed by law. But private owners must decide for themselves how often and by what percentage they will index staff salaries. The procedure is prescribed in the employment contract or local act, for example, the regulation on salary indexation. If the order is spelled out, that’s half the battle. All that remains is to comply with it and increase your salary on time.

If the employer has not set the terms and amount of indexation, this is not a reason not to carry it out. You can take any frequency - once every six months or a year. The increase factor can be calculated based on the consumer price index for the previous year. For example, for 2021, inflation was approximately 5%. You can increase your salary by that much.

Regular bonuses and allowances do not replace indexation. These payments are included in the wage system. They depend on the quality and quantity of work, and rising food prices have nothing to do with it. This is the position of the Supreme Court of the Russian Federation from Determination No. 89-KG18-14.

You can index the salary or the variable part of the salary - for example, a percentage of sales. The main thing is that in the end the real amount of wages increases.

Responsibility of the inspector for non-disclosure of the identity of the applicant

Article 6, Part 2 of Federal Law No. 59-FZ states: “... when considering an appeal, disclosure of information contained in the appeal, as well as information relating to the private life of a citizen, is not permitted without his consent.” Therefore, it is not legally permitted to disclose the applicant's personal data.

In practice, the labor inspectorate employee is not responsible for publishing information about the citizen who filed the complaint. Therefore, there is no 100% certainty that as a result of the verification, the applicant’s personal data will not become available to the employer or other persons.

Read what the labor inspectorate fines you for here.

It is not at all necessary that the information leak will occur at the will of the inspector. As a rule, verification of a filed complaint also concerns the consideration of certain documents. The law prohibits requiring an employer to submit documents for audit that are not related to the complaint under investigation. Therefore, the inspector is simply forced to request for verification the documents of the employee who wrote the complaint (if this complaint is related to a violation of his rights).

The situation with anonymous statements from citizens is far from ambiguous. The outcome of each complaint is purely individual: in some cases the inspector manages to maintain the citizen’s confidentiality, in others not.

For information on the procedure for contacting the State Labor Inspectorate and consideration of complaints, watch the video

The legislative framework

When drawing up an anonymous complaint, you should rely on the following legislative acts:

1. Federal Law “On the procedure for considering appeals from citizens of the Russian Federation” No. 59-FZ dated May 2, 2006.
2. Federal Law “On the Prosecutor's Office of the Russian Federation” dated January 17, 1992 N 2202-1-FZ (as amended on August 10, 2017).
3. Federal Law “On Police” dated 02/07/2011 N 3-FZ (as amended on 07/29/2017).
4. Federal Law “On Combating Terrorism” dated March 6, 2006 N 35-FZ (as amended on July 6, 2016).
5. Instructions on the organization of consideration of appeals from citizens of the Russian Federation in the bodies of the Federal Security Service (approved by Order of the FSB of Russia dated August 30, 2013 N 463).

Grounds for complaint

Both the working employee and the applicant for a vacant position can appeal against the employer’s actions. The list of reasons for a complaint is not exhaustive; a citizen can report to the inspectorate about any situation that violates his labor rights.

The most common grounds for employee complaints:

• Non-payment or untimely payment of salaries and other obligatory payments;
• Not providing labor or social leave;
• Unlawful dismissal;
• Various violations of working conditions: illegal transfer, salary reduction, etc.;
• Wrongful disciplinary action;
• Concealing an industrial accident;
• Delay in work record book or payment upon dismissal;
• Issues related to working nights, weekends and holidays.

The reason for a candidate's complaint about a position is most often a refusal to hire.

Whatever the reason for hiding your data, you must indicate it in 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 his former employer, in the event of unlawful actions against him, he will have every right to contact the police, who will take the necessary measures. In addition, in the complaint itself you can make a request not to disclose data to the other party.

Required to undergo a polygraph test

❌ Put the employee in a situation where he cannot but agree to undergo a lie detector test. If it turns out that he is stealing or leaking information to competitors, deduct the shortfall from his salary, fire him under the article, or hint to write a statement on his own.

✅ It is believed that a polygraph based on bodily reactions can show whether a person is lying or not.

Polygraph testing of employees is not prohibited. Drawing conclusions and taking measures, in principle, too. But there are two legal requirements here.

The employee must consent to the inspection . A polygraph test is essentially a medical examination. It can only be carried out with the consent of the person. This is stated in Art. 21 of the Constitution of the Russian Federation.

Consent must be voluntary. That is, the employee signs it without pressure. It is also impossible to cheat and offer to sign consent for “psychological testing”. The employee must clearly understand that he is agreeing to a device with wires connected to the body and specific questions. An employee can refuse the test at any time, even in the middle of the survey. You cannot fire, fine or deduct from your salary the costs of visiting a polygraph examiner.

If an employee proves in court that he agreed to a polygraph under threat of dismissal or bad recommendations for HR, the employer will pay for moral damages. The chance of proving coercion is high. The courts interpret any doubts in favor of the employee.

A polygraph test should not replace an explanatory note, an audit, a damage report, a memorandum and a court verdict . The results of a polygraph test do not legally prove that the employee violated the law. The Labor Code does not know such a procedure. If an employee challenges dismissal or deduction from wages, it will not be possible to refer to a polygraph. In legal parlance, this is called inadmissible evidence.

To make deductions from wages, you must follow the procedure for bringing to financial liability from Chapter 39 of the Labor Code of the Russian Federation. This is the creation of a commission, calculation of damages, an explanation from the employee and an order to withhold. Full step-by-step instructions are in our article.

To fire someone for theft, they turn to the police and wait for a court verdict. This is what it says in Part 6 of Art. 81 Labor Code of the Russian Federation.

For leaking trade secrets, absenteeism and drunkenness, one is fired after filing a disciplinary sanction under Art. 193 Labor Code of the Russian Federation. Instructions here.

Sequence of steps

A complaint to the labor inspectorate against an employer looks like this step by step:

1. find out the coordinates of the territorial subdivision of the GIT, full name and exact title of the manager’s position;
2. correctly compose a written appeal;
3. attach to the application documents confirming the facts stated in it;
4. take the papers to the inspectorate or send them by registered mail with a list of contents and acknowledgment of delivery.

Find out how to get advice from the labor inspectorate here.

The following must be attached to the application:

• a copy of the employee's passport;
• a copy of the employment contract;
• a copy of the hiring (dismissal) order;
• copies of any documents confirming a violation of labor rights, at the discretion of the applicant.

If it is impossible to attach all the necessary papers due to the applicant not having them on hand, the State Tax Inspectorate must still accept the application for consideration and schedule an inspection. The inspector will require all documents from the employer.

Please note: when contacting the inspectorate in person, you must request that the application be registered. It is worth asking the clerk to sign a copy of the application, but he has the right to refuse. So, in the event of inaction by the State Tax Inspectorate, a postal notification of delivery of a letter of complaint is more reliable evidence that the application was submitted.

Writing rules

For ease of reference, the portals of supervisory authorities offer sample documents. These are available on the labor inspectorate website. You can download the form that suits you and, based on it, write a complaint, outlining the facts of your situation.

Writing an appeal must be approached with all seriousness:

• It is important to present in as much detail as possible the facts of violation of your labor rights , avoiding unnecessary “water” in the form of additional explanations, characteristics, descriptions of your personal opinion.
• Information must be clear, reliable, without embellishment and, especially, fiction. Please remember that what is stated in the appeal is subject to careful verification.
• to attach scans or photographs of documents to your application that confirm the information you have provided. These can be copies of an employment contract, income certificates, payment slips, checks, letters, announcements of internal regulations posted at the enterprise, etc. Don't be upset if you don't have such documents. Your application will still be considered.

You can write a complaint using the following format:

Clickable - click to enlarge.

Methods for filing a complaint

Let's look at how to deliver an anonymous letter to the labor inspectorate. The most effective way to convey information is to send a complaint by mail, more precisely by registered mail with return receipt requested. This sending option assumes that upon receipt of correspondence, the addressee (in our case, the labor supervision inspector) will sign in the postal register that the letter has been received. After this, a notification will be sent to the sender that the addressee has received the letter in hand.

You can personally deliver a written complaint to the labor inspectorate office. In this case, you need to pay attention that the application is accepted by an employee authorized to take these actions, and the fact of receipt is recorded in a special register.

The next way to bring information to the attention of the labor inspectorate is to apply online via the Internet. This is quite easy to do. You need to go to the website of the State Labor Inspectorate of your region or to the Internet portal “Onlineinspektsiya.rf”.

These sites have special forms for feedback and applications. You need to follow the steps suggested by the electronic service step by step, including describing the essence of the complaint. At the same time, in the text of the application, if you wish not to disclose personal data, you must inform the inspector about this fact or check the box for submitting an anonymous application.

Read about what documents the labor inspectorate checks in this article https://otdelkadrov.online/4178-chto-kak-proveryaet-trudovaya-inspektsiya-po-zhalobe

Where to apply for an employer?

The recipient of an appeal from a citizen can only be a body that is geographically related to the place of conduct of the violator’s activities. As a rule, you can contact the regional labor inspectorate, which is located in every major city.

If the department was unable to help, then you can contact other authorities. The prosecutor's office or the court also protect the rights of workers. You can file a complaint with the prosecutor's office regarding non-payment of wages or other payments.

Do you want to know where to go to file a complaint against your employer? We advise you to familiarize yourself with all the action algorithms in this material.

Court is a more serious step and there must be a good reason to file a lawsuit . If it is impossible to influence the employer on the part of the inspectorate or the police, the applicant has the right to file a statement of claim. Based on the results of its consideration, serious penalties may be applied to the negligent manager: large fines or criminal liability.

Terms for consideration of the application

Within what period of time should an anonymous letter to the labor inspectorate be considered? According to Article 12 of Federal Law No. 59, a government agency is obliged to respond to a letter received from a citizen within 30 days from the date of its submission. The countdown of this time begins from the moment the document is registered or received electronically or by mail.

After the specified 30-day period, the ministry is obliged to send the citizen a response letter containing the results of the consideration of the anonymous complaint: a list of violations identified and sanctions that were applied to the employer.

The inspection may conduct an inspection over a longer period of time. The law allows for an additional 30 days to extend the duration of events. But at the same time, after the expiration of the main period, the applicant must receive a letter extending the time for consideration of his application.

A separate article is devoted to this issue: the deadline for applying to the labor inspectorate.

How to properly file a complaint

In order for a complaint to be fully considered, it must contain:

• Full name of the territorial labor inspectorate and full name of its head (this information can be found on the official website of the inspectorate);
• Information about the applicant: full name, address;
• Title (“Complaint” or “Application”);
• The essence of the appeal. A description of the situation in which, according to the applicant, the employer violated his rights. What, where, when it happened, what norms the employer violated (this point is not mandatory, the citizen does not have to know the content of all articles of the law), what harm was caused, what is confirmed. Here you should also indicate the full name of the organization where the violation of rights occurred, its legal address and, if possible, its tax identification number.

We suggest using a sample complaint to the state labor inspectorate.

Where can this be done?

So where exactly can you apply?

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

1. 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.
2. By registered mail with notification . This method is more convenient, but do not forget that a letter with original documents may be lost during the forwarding process.
3. Electronically via the Internet . For this method, you will also need 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:

Conditions for writing a complaint to the labor inspectorate online

In order for a complaint to be considered appropriately, the following conditions must be met:

• Please provide correct applicant information in your application. Anonymous requests remain unconsidered.
• The essence of the appeal is the most concise and objective text, without unnecessary emotions and experiences. The writing style is businesslike.
• The facts stated in the complaint must be reliable and verified.
• The text of the letter should not contain obscene language, insults or slander.
• If possible, attach scanned documents confirming violations of employee rights to the complaint.

Watch the video about a complaint to the labor inspectorate

What results should I expect?

During the established period, the supervisory authority checks for violations on the part of the employer and determines their existence or absence. If facts of violation of an employee’s rights are identified, the employer receives an order to eliminate them in accordance with Article 357 of the Labor Code of Russia, and, if necessary, an administrative case is initiated.

In other circumstances, the labor inspectorate reports violations/criminal acts to the competent government authorities, which further review the situation.

If the applicant does not agree with the decision of the labor inspectorate, he has the right to file a complaint with the head of the territorial labor inspectorate. In case of inaction by labor inspectorate employees, you can also contact the prosecutor’s office and/or court.

You can file a complaint during a personal visit to the supervisory authority or on their official website. A citizen can also contact the prosecutor’s office at the same time. When submitting an application, you must provide evidence based on which government authorities initiate an inspection.

Contacting the labor inspectorate from the official website

You can file a complaint with the labor inspectorate on the official website onlineinspektsiya.rf.

From January 1, 2021, there have been major changes when submitting an application to the labor inspectorate online. In order for the inspectorate to conduct an unscheduled inspection of an electronic appeal, the applicant must be authorized through an account in the unified State Services system (www.gosuslugi.ru). Such innovations appeared in Part 3 of Art. 10 of the Law “On the Protection of the Rights of Legal Entities and Individual Entrepreneurs...” (No. 294-FZ dated December 26, 2008).

Additional Information

Main documents that must be attached to the application: 1) Employment contract. 2) Order of appointment to a position. 3) A copy of the work record book (if the applicant has one). 4) A copy of his passport. As additional documents, you can select any documents that the applicant considers necessary when considering his application (office memos, email correspondence, etc.)

Therefore, the action algorithm for an online complaint to the inspectorate now looks like this.

1. Registration on the State Services website. You must fill out the form indicating your full name, email address and mobile phone number.
2. Log in to the labor inspection website through your personal account on the State Services website.
3. Select the “Report a problem” tab on the page. When you select such a tab before authorization, the system itself will offer to go to the State Services website and register there.
4. Select a problem category from the proposed options (for example, “wages” when payments from the employer are delayed).
5. Choose one of three options that the applicant would like to see as a result of consideration of his application: conducting an unscheduled inspection, bringing the employer to administrative responsibility, or consulting an inspection specialist.
6. Fill out all fields of the application form.
7. Click on the “Send request” button.

A confirmation will be sent to the email address provided by the applicant. From this moment the 30-day period begins for the inspection to consider the complaint.

Leave an employee without a lunch break

❌ Do not write down lunch time in the documents. Hold a meeting at lunchtime. Fail to provide a place to eat if there is a constant flow of customers in the room.

✅ During the day, the employee is entitled to a break for food and rest - Art. 108 Labor Code of the Russian Federation.

Lunch lasts at least 30 minutes, but no more than two hours. The exact time is prescribed in the employment contract or internal labor regulations. Rostrud fines if there is no exact time, floating lunches are not considered.

During the lunch break, the employee can go for a walk and go shopping. It is impossible to ban, this is his time - Art. 106 Labor Code of the Russian Federation.

Workers with a working day of less than four hours can be left without lunch. But if, according to the documents, he is there, he must be released.

A special case is when, due to the nature of the work, a person cannot tear himself away and go out to eat. In this case, the employer will organize a separate place for food and a short-term replacement by another employee.

Review and response timeframes

The legislation stipulates that no more than 1 calendar month should pass from the receipt of a complaint to its detailed consideration. If the complaint concerns illegal dismissal, then the period for consideration of the application is limited to 10 days.

After checking the application, Gov. The inspectorate must conduct an unscheduled inspection of the organization against which the complaint was received. Then a decision is made with an order to the management of this company to correct the violations by a certain date.

Where else can you complain?

If the patience of the oppressed employee has come to an end and he decides to deal with the offender, where and how to properly complain about the employer?

You can write a complaint to the following authorities:

• Federal Labor Inspectorate (state unified system that monitors compliance with the Labor Code of the Russian Federation). The powers of the FIT include monitoring compliance with legal acts through inspections; in case of non-compliance with the labor conditions of workers, it has the right to recover from the employer, in accordance with the federal laws of the country.
• Roskomnadzor (state system of supervision in the field of information communications, communications. Television and radio broadcasting). The powers include monitoring compliance with federal acts responsible for compliance with the articles of the labor code, and involving legal authorities in resolving conflicts that arise between employer and employee. And a note in the newspaper, a couple of unflattering words will serve as a reason for litigation.
• The Prosecutor's Office (state militarized law enforcement system) Exercises powers regardless of other government bodies, such as the legislative, judicial, and executive systems.
• Police
• Network Internet – “online inspection” resource
• Court
• Tax office
• Information resource “anger of the people”