⭐ Labor inspection hotline Moscow and in general

Author: Evgeny Smirnov

Disputes often arise between employers and employees

, which they are not able to solve on their own for a number of reasons.
It is for this purpose that the Government of the Russian Federation created a separate authorized body, which is called the Federal Labor Inspectorate
. Or, as people call it, the labor inspection.

About the labor inspection of the city of Moscow

If a citizen has a question for the labor inspectorate, you can use the hotline. Calls are accepted via a toll-free number. There is also a separate Moscow number that allows you to contact the local branch. To do this, you need to call 8 495 343 9190 or 8 916 085 81 03. The inspection hours are from 9:30 to 18:00. However, the institution has a large number of internal tasks. Therefore, reception of citizens is carried out at certain hours.

You can visit the inspection according to the following schedule:

from 10:00 to 13:00, if a person in need of rights protection wants to visit the organization on Monday, Wednesday or Friday;
from 14:00 to 17:00 if the visit dates fall on Tuesday or Thursday;
On Saturday and Sunday the labor inspectorate is not operational.

The organization is located in Moscow at the address: Domodedovskaya street, building 24, building 3. From the metro of the same name to the institution there are buses 148, 274, 694 and 766. You can also get there by minibus. 564 (m) and 635 (m) follow there.

The specifics of contacting the inspectorate depend on the issues for which the person applied to the institution.

So, if a citizen needs help with labor disputes, reception is carried out on a first-come, first-served basis. In this case, you need to visit the office, which is located at the address: Verkhnie Polya Street, building 11, building 1, building 1. The labor inspection is located on the left side of the shopping center. In front of the entrance there is a sign “Basic labor protection center of the Southern Military District of Moscow.” From the Bratislavskaya metro station there are also route taxis 517 (m), 520 (m) and 526 (m) to the institution. You need to travel 5 stops to Krasnodonskaya Street. Then you have to walk 500 m.

When does it make sense to contact the Labor Inspectorate?

It is worth saying that in addition to scheduled inspections, the State Labor Inspectorate conducts unscheduled inspections under the conditions described in Article 360 of the Labor Code of the Russian Federation. According to the text of this document, GTI may come in the following cases:

When applications are received from employees of the enterprise indicating facts of violation by the employer of basic legal acts of labor legislation.
If there is a complaint from an employee of the enterprise about a violation of his labor rights.
When a request is received from an employee of an enterprise to check the conditions of the place where he works for compliance with labor safety requirements.
At the end of the period assigned to the employer to eliminate violations related to the implementation of labor legislation.

This is also important to know:
What to do if sick leave is not paid

If an employee believes that his labor rights are being violated by the employer to any extent, he has the right to file a complaint with the labor inspection body. This can be done in the following cases:

late payment or non-payment of wages. According to labor laws, wages must be paid twice a month. If the employer does not pay wages, according to Article 142 of the Labor Code of the Russian Federation, an employee of the enterprise has the right to suspend the performance of his work duties and not be at his workplace for a period until the salary is paid in full. At the same time, he must be paid compensation for each day of downtime. This is evidenced by the test of Article 236 of the Labor Code of the Russian Federation.
incorrect calculation of compensation upon dismissal;
failure to pay benefits or overtime pay. Overtime work according to the norms of Article 152 of the Labor Code of the Russian Federation should not exceed one hundred and twenty hours per calendar year. Such work must be paid at double the rate (with the exception of the first two hours - they are paid at one and a half times the established salary). By agreement with the employee and only with his consent, the employer may provide time off as compensation for overtime or work on weekends.
employer's reluctance to enter into an employment contract. By law, concluding an employment contract is a prerequisite for starting work.
an incorrectly drawn up employment contract that entails a violation of the employee’s rights;
discrepancy between actual working conditions and the text of the contract.

This is also important to know:
How to complain to the labor inspectorate about an employer

There may be many more reasons for contacting Rostrud, but all of them must have grounds indicating a violation of the employee’s rights.

How to complain about an employer to the labor inspectorate? How to write a complaint to the labor inspectorate? Labor Inspectorate of Moscow

There is no special procedure or form for contacting the labor inspectorate. But if you want the inspectorate to consider your application without any hitches, follow the following rules.

THIS IS IMPORTANT: First, you must sign your written application in person, indicating your full last name, first name, patronymic, as well as information about your place of residence, work or study. Otherwise, the application will be considered anonymous, and the inspectorate will not consider anonymous documents. All information that the citizen indicated in the application must under no circumstances be disclosed. The inspectorate is obliged to refrain from informing the employer of information about the applicant if the inspection is carried out in connection with his appeal, and the applicant objects to informing the employer of information about the source of the complaint (Article 358 of the Labor Code of the Russian Federation).

Secondly, in the application you must set out specific facts of violation of labor rights, or report alleged violations. You should not describe in detail your indignation at the employer’s actions, this may confuse the inspector, and he will take a long time to deal with your application. Try to clearly and in order list the facts of violation of your rights. This will help the inspector quickly understand the problem and quickly solve it.

Deadlines for consideration of your application

Usually the application (if it does not require special checks, documents, etc.) is considered immediately, at most no later than 15 days. The maximum period for consideration of an application or complaint is one month from the date of receipt.

It should be borne in mind that due to the increasing workload of state labor inspectors and the lack of personnel in this service, applications are usually considered longer, especially in large cities. For example, in Moscow, consideration of an application by the state labor inspectorate can last more than six months.

THIS IS IMPORTANT: There are special deadlines. For example, when considering complaints from a trade union in some situations (see Article 373 of the Labor Code of the Russian Federation).

How to find a labor inspectorate?

State labor inspectorates are formed in the constituent entities of the Russian Federation, i.e. operate at the regional level.

This means that only residents of Moscow and St. Petersburg, as well as residents of regional capital cities, can seek an inspection in their home city.

Thus, there are labor inspectorates, for example, in Moscow, St. Petersburg, Voronezh, Rostov-on-Don, Perm, Kirov, and Vladivostok. Ulyanovsk, Novosibirsk, Khabarovsk, etc.

And, for example, in the city of Elektrougli, Moscow Region, it will not be possible to find a labor inspector - the nearest territorial body of the Rostrudinspektsiya will be located in Moscow.

There are exceptions to this rule. For example, the State Labor Inspectorate in the Samara region has departments in the cities of Syzran and Togliatti.

However, even if you live far from the regional center and the inspector is far away, try contacting the trade union first!

The fact is that trade unions and labor inspectorates conduct joint inspections of enterprises.

Contact the trade union at the nearest industrial enterprise - they will probably tell you how to find a labor inspectorate and help you with advice!

The address of almost any government agency can be found on the Internet. It is not necessary to contact the labor inspectorate in person - you can send your application by mail. If you want to be sure that your message has reached the addressee, send it by registered mail with acknowledgment of receipt. In this case, you will know exactly when the Rostrudinspectorate body received your letter, and you will be able to inquire about the results of the review in writing or by telephone.

Contacts of the Federal Service for Labor and Employment under the Ministry of Labor and Social Protection of the Russian Federation, under which the State Labor Inspectorate operates:

Address: 109012, Moscow, Birzhevaya Square, 1

Phone: 8-800-707-88-41

E-mail: This email address is being protected from spambots. You must have JavaScript enabled to view it.

Website: https://www.rostrud.ru

On the same website, in the subsection “Territorial bodies of Rostrud”, information about territorial inspection bodies in the constituent entities of the Russian Federation is posted: https://www.rostrud.ru/rostrud/territorialnye-organy/

All labor inspectorates at the level of constituent entities of the Russian Federation have their own websites. For example:

• State Labor Inspectorate in Moscow – https://git77.rostrud.ru/ • State Labor Inspectorate in the Chuvash Republic – https://git21.rostrud.ru/ • State Labor Inspectorate in the Samara Region – https://git63 .rostrud.ru/ • State Labor Inspectorate in the Kirov Region – https://git43.rostrud.ru/, etc.

As you noticed, to get to the labor inspectorate website in your region, just enter the following in the address bar of your browser: git(number of your region).rostrud.ru

Powers of the state labor inspector

In order to successfully protect your rights, it is important to know how the state labor inspector can help you!

Familiarize yourself with these powers of inspectors before contacting the labor inspectorate.

First, you will better understand what actions make sense to ask for in your particular case.

Secondly, you will find out what powers the labor inspector does not have (for example, the inspector does not initiate criminal cases, does not seize property, etc.).

So, the state labor inspector has the right:

· freely visit organizations of all organizational and legal forms and forms of ownership, employers - individuals for the purpose of conducting an inspection at any time of the day, if you have a standard certificate;

· request from employers and their representatives, executive authorities and local governments and receive from them documents, explanations, and other information free of charge;

· take samples of used or processed materials and substances for analysis, notifying the employer or his representative about this and drawing up a corresponding report;

· investigate industrial accidents in accordance with the established procedure;

· present to employers and their representatives mandatory orders to eliminate violations of labor legislation and other regulatory legal acts containing labor law norms, to restore the violated rights of employees, to bring those responsible for these violations to disciplinary liability or to remove them from office;

· send to the courts, in the presence of conclusions of the state examination of working conditions, demands for the liquidation of organizations or termination of the activities of their structural divisions due to violation of labor protection requirements;

· issue orders to remove from work persons who have not undergone training in safe methods and techniques for performing work, instructions on labor protection, on-the-job training and testing of knowledge of labor protection requirements;

· prohibit the use of personal and collective protective equipment for workers that does not have certificates of conformity or does not comply with state regulatory requirements for labor protection (including the requirements of technical regulations);

· draw up protocols and consider cases of administrative offenses;

IT IS IMPORTANT:

If a trade union body, employee or other person applies to the state labor inspectorate on an issue being considered by the relevant body for consideration of an individual or collective labor dispute (except for claims accepted for consideration by the court, or issues on which there is a court decision), the state a labor inspector, upon identifying an obvious violation of labor legislation or other regulatory legal acts containing labor law norms, has the right to issue an order to the employer that is subject to mandatory execution.

What is the labor inspector (or other official) who accepted your application obliged to do?

The inspector must carefully study your application, understand the violations committed, make a decision and inform you about it in writing or orally. If your application is denied (i.e. you are denied), the inspector must explain to you the reasons for the denial.

ATTENTION! If the reasons for the refusal do not convince you, you have the right to appeal it, and the inspector is obliged to explain to you the procedure for appealing. (Really, you have to ask him about it).

You have the right to appeal the inspector's decision if you do not agree with it.

The decision of the state labor inspector can be appealed administratively or judicially.

In an administrative manner, the complaint is submitted to a higher authority - the Federal Service for Labor and Employment under the Ministry of Labor and Social Protection of the Russian Federation.

Address: 109012, Moscow, Birzhevaya Square, 1

Phone: 8-800-707-88-41

E-mail: This email address is being protected from spambots. You must have JavaScript enabled to view it.

Website: https://www.rostrud.ru

The decisions of the chief state labor inspector of the Russian Federation can also be appealed in court. In court, the decision is appealed to the court at the location of the inspector or at the place of residence of the person who filed the complaint.

Employer's liability for failure to comply with state inspector's requirements

•For failure to comply with the requirements of state labor inspectors, the employer is punishable by a warning or the imposition of an administrative fine on citizens in the amount of five hundred to one thousand rubles; for officials - from two to four thousand rubles (Article 19.4 of the Code of Administrative Offenses of the Russian Federation).

•Failure to comply within the prescribed period with a legal order (resolution, presentation, decision) of the body (official) exercising state supervision (control) to eliminate violations of the law - entails the imposition of an administrative fine on citizens in the amount of three hundred to five hundred rubles; for officials - from one to two thousand rubles or disqualification for up to three years; for legal entities - from ten to twenty thousand rubles (Article 19.5 of the Code of Administrative Offenses of the Russian Federation).

• Failure to take, by resolution (representation) of the body (official) that examined the case of an administrative offense, measures to eliminate the causes and conditions that contributed to the commission of an administrative offense - entails the imposition of an administrative fine on officials in the amount of four to five thousand rubles (Art. 19.6 Code of Administrative Offenses of the Russian Federation).

Reasons for filing a complaint

The Labor Inspectorate allows a citizen to defend his rights. Any employed person who has discovered a violation can contact the organization. The rule applies even if it was committed against another citizen.

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The State State Transport Inspectorate has the right to carry out the following procedures:

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register the received request;
become familiar with the specifics of the current situation;
order the violator to eliminate the identified deficiencies;
bring to justice.

It is recommended to find the address of the labor inspectorate in Moscow and visit the organization if the employment contract is illegally terminated or there is a delay in the payment of wages, sick leave, vacation pay or other compensation.

Often institutions refuse to provide funds for overtime. It will also be possible to prove your case to the labor inspectorate if the organization does not provide sick leave or vacation. Appeal is also permissible if other rights of the employee are violated.

A citizen who was not hired by an organization and considers the refusal illegal can submit an application. You can get a consultation in advance. The hotline or the official website of the labor inspection - git77.rostrud.ru will help with this.

Methods for submitting a document and deadlines for consideration

You can submit appeals to the Moscow Labor Inspectorate in the following ways:

Contact the authority in person with a statement or through a representative. To file a complaint, you only need to have 2 applications, an identity document, and a power of attorney if the application is submitted by a representative. One application remains in the office of the institution, the second is stamped by the institution and remains with the person who applied,
Send an application by letter by mail, but it may simply not reach the addressee. Therefore, the letter should be issued as a registered letter with a notification and a list of attachments. The mailing receipt should be kept, as it can be used as evidence if the appeal deadline is missed (if the reason for the miss was the non-receipt of the letter by the addressee). After receiving the letter by the addressee, the notification is returned to the sender. The date indicated on the notice will be the date of acceptance of the application, and the deadlines begin from there,
Complain online on the official website of the GIT by following the link https://www.rostrud.ru/room/obrashcheniya-grazhdan/kremlin.

After the application is accepted by the State Tax Inspectorate, it is reviewed within a month. After this period has expired, government officials must respond.

Watch the video. Onlineinspektsiya.rf complaint to the Labor Inspectorate with photos and videos:

The process of drawing up an appeal

If a person is forced to file a complaint with the Russian state inspectorate for the first time, it is problematic to carry out the procedure independently. It is recommended to use a ready-made sample.

This is also important to know:
Probationary period when hiring: its duration, sample employment contract

If a person nevertheless decides to submit an application to the committee on his own, it is important to include in it all the necessary information, the list of which includes:

information about the applicant applying to the Moscow Labor Inspectorate;
information about the employer violating workers' rights;
information about the legal entity;
place of the offense, time of incident;
the requirements put forward;
date of the application

Important
It is necessary to clearly state the current situation. It is also important to provide only reliable information to Rostrud. Do not use jargon, threats or insults. Typos or corrections in the text are not allowed. It is important to supplement the application with evidence of your case, if any.

How to file a complaint

ATTENTION! Look at the completed sample complaint about non-payment of wages to the Labor Inspectorate:

You can DOWNLOAD sample complaints to the Labor Inspectorate using the links below:

Complaint to the Labor Inspectorate (standard form)
Complaint to the Labor Inspectorate about violation of labor rights
Collective complaint to the Labor Inspectorate
Complaint about non-payment of wages to the Labor Inspectorate
Complaint about non-payment of compensation upon dismissal to the Labor Inspectorate
Complaint to the Labor Inspectorate about non-payment of bonuses
Complaint against an employer about black wages to the Labor Inspectorate
Complaint about non-payment of maternity benefits to the Labor Inspectorate
Complaint to the Labor Inspectorate about forced dismissal
Complaint to the Labor Inspectorate about illegal dismissal

The application, which will be sent to the labor inspectorate, must contain the following information:

Personal information of the applicant: full name, year of birth, address and telephone number, position. It is also advisable to provide an email address,
Full information about the employer: full name, year of birth, place of work, address. It is also advisable to indicate your phone number and position,
Characteristics of the legal entity: full name, location, type,
Information about the offense: place, time of commission, what is the essence of the offense, evidence,
Requirements,
Date of application submission.

The problem must be described clearly and reliably. The complaint should not contain threats, insults or jargon. Corrections and typos in the text are also not allowed. Evidence of violation of rights, if any, should be attached to the application.

Responsibilities of the employer in the event of an accident.

How to get advice from the state labor inspectorate at your place of residence

As we already wrote above: one of the ways to receive a free consultation from an inspector is to physically visit the state labor inspectorate at your place of residence.

To find out where it is located and what time you can get to the consultation, you will need to go to the website onlineinspection.rf - section “Electronic reception”: onlineinspection.rf/appointments, go down to the section with the choice of region - select your region there, Select a free date and time for your appointment and leave a request.

And then come to the state labor inspectorate at the appointed time and receive a free consultation from an inspector.

On-site inspections

Appointed if the inspector needs to personally verify the reliability of information about business activities (Part 3 of Article 12 of Federal Law-294).

During an on-site inspection they look at:

documents of a legal entity or individual entrepreneur;
condition of workers;
condition of property: territory, buildings, structures, equipment, transport, manufactured and sold goods.

Parts 1 and 5 art. 12 FZ-294

An on-site inspection is carried out in the same way as an unscheduled one: only upon presentation by the inspector of an official ID and in the presence of the company’s management.

What the Labor Inspectorate can check

When conducting inspections, the State Labor Inspectorate first of all checks the documentation of the enterprise: statutory, organizational and labor.

Labor documents include those that concern all employees of the enterprise:

contracts – labor and collective;
staffing schedules and time sheets;
internal rules of the enterprise related to the organization of working hours and breaks;
vacation schedules and payrolls;
all kinds of journals and accounting books.

This is also important to know:
How does dismissal occur due to lack of trust?

All documents must be prepared in accordance with the requirements of the Labor Code of the Russian Federation.

The main mistakes occur when drawing up an employment contract.

According to Article 57 of the Labor Code of the Russian Federation, an employment contract must consist of three parts:

information about the employee and employer;
mandatory terms of the contract;
additional conditions.

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The lawyer who conducts an examination of the contract first of all makes sure that the text contains all the conditions that must be included. These conditions are enshrined in Article 57 of the Labor Code of the Russian Federation and represent the following requirements:

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information about the place of work and job responsibilities (indicating the position according to the staffing table and the specific type of work);
start date of work and working hours;
conditions of remuneration and rest time;
compensation for work associated with harmful or dangerous conditions.

If, upon signing, the contract does not contain any of the mandatory conditions, they must be recorded in the form of an additional agreement that forms an integral part of the employment contract.

In addition to checking documentation, the inspector may check office premises, employee eating and rest areas, as well as workplaces for compliance with labor safety regulations.

During the inspection, the State Tax Inspectorate may interview personnel and request any information necessary for the inspection.

If violations are detected, Rostrud has the right to suspend the operation of the enterprise as a whole or its individual divisions, and may suspend from work employees who have not completed a safety training course in the workplace.

The inspector has the right to bring to justice (administrative) those persons who are guilty of violating labor legislation.

Important
Send to the judicial authorities a demand to terminate the activities of the enterprise if the conclusion of the labor examination establishes that working conditions do not meet the requirements of the Labor Code of the Russian Federation.

MoD Inspectorate

For the capital, two addresses of the State Labor Inspectorate are not enough, which is why the labor inspectorate of the Moscow region is located at a separate address: 115582, Moscow, Domodedovskaya street, building 24, building 3, floors 6 and 7. It is there that all complaints sent by mail are sent, by registered mail.

This is also important to know:
Complaint to the labor inspectorate against an employer: how to write, sample complaint

The labor inspection hotline of the Moscow region operates by number. Specialists provide free legal assistance in the form of consultation, after which the applicant decides whether he needs to apply in person or write an application.

The inspector is required to conduct an inspection and consider all the circumstances of the complaint within the period established by law. Notify the applicant about the results too. In this case, if you apply to the wrong address, the application is automatically redirected to the authorized territorial body of the city of Moscow or region, which may increase the processing time. The applicant is notified of this in a timely manner using the contact information he left.

How will you find out about the verification?

of a scheduled inspection at least 3 working days in advance by registered mail or electronic document signed with an electronic signature.

about unscheduled inspection in any way no later than 24 hours before the start in the following cases:

the inspection is carried out at the request of the employee;
you have already had an inspection, as a result of which you were given an order to eliminate the violations, but you did not eliminate them and the State Tax Inspectorate ordered a repeat inspection.

In other cases, you will not be notified in advance about an unscheduled inspection, that is, it will be sudden.

Scheduled and unscheduled inspections can be documentary - at the location of the inspection, or on-site - on the territory of the employer.