How to file a complaint to the prosecutor's office against an employer

Refusal to hire, illegal dismissal, non-payment of wages - this is an incomplete list of reasons that can become a reason for appeals not only to the labor inspectorate, but also to the prosecutor's office. Below is the correct procedure for filing a complaint against an employer with the prosecutor's office, as well as cases when you can do this anonymously.

Collective complaint against the employer to the prosecutor's office

Anonymous complaint to the prosecutor's office against an employer

Method 1

Method 2

Method 3

When to file a complaint

First you need to find out what situations are sufficient grounds for filing a letter of complaint. In particular, what violations of the labor rights of subordinates are punishable according to the Labor and Civil Codes of Russia. For example, the following violations are common:

transfer of responsibilities that are not within the direct competence of the employee (according to the employment contract) and punishment for failure to fulfill them;
assignment of a disproportionately large amount of work and transfer to another position without consent;
failure to fulfill obligations to pay wages (they do not pay at all, they pay less or are greatly delayed, they are underpaid for overtime);
violation of labor standards and unfair reprimands;
refuse to provide leave on statutory holidays;
groundless dismissal, refusal to provide mandatory payments and work records;
refusal to register an employee and provide him with social guarantees.

As a rule, violations are related to monetary issues and ensuring comfortable working conditions. If you have become a victim of such violations, you cannot tolerate it, but you should immediately complain to the authorized bodies.

Documentation

The citizen must prove that his rights were violated by the employer.
The following documents are attached to the application:

certificate in form 2-NDFL, if we are talking about non-payment upon dismissal , delayed salaries and other financial issues;
application for leave that was not granted (registered in the organization’s human resources department);
orders from the employer regarding additional workload that is not part of the employee’s duties;
a copy of the employment contract;
audio, video files, images, etc.

Attention! Before writing a statement to the prosecutor's office, you should try to peacefully resolve the conflict with the employer or by contacting the labor inspectorate. If there is no response, it is recommended that copies of the requests be attached to the complaint.

Where should I complain about violations committed by my employer?

There are several authorities in Russia that are authorized to resolve such conflict situations. But before asking for their help, it might be more rational to try to resolve the situation without bringing the conflict to the masses. More precisely, talk to your superiors.

If this doesn't work, it's time to take drastic measures. For example, you can write a complaint and send it to the following authorities:

Labour Inspectorate;
prosecutor's office;
court.

Each of the authorities under consideration has its own operating features, which should be discussed in more detail before deciding where exactly to write.

How to complain to the labor inspectorate

The first place that comes to mind as soon as the fact of unfair treatment of an employee by management is recorded is the labor inspectorate. But given the narrow competence of the body in question, it should be taken into account which issues it can consider and which it cannot. Thus, you should complain here in the following cases:

if they do not want to formalize the employee for the position;
the person does not receive a salary or it is not paid in full;
are denied leave;
irregular schedule that does not include rest;
workplace standards were violated.

After receiving a complaint, an unscheduled inspection of the company will follow. If the described facts are confirmed, the management will receive a fine and a reprimand, and will also be obliged to get rid of the identified shortcomings.

Labor Inspectorate

The purpose of the labor inspection is to ensure control on the part of employers regarding their compliance with legislation and workers' rights. According to the above-described Article 356 of the Labor Code of the Russian Federation, the inspection is obliged to :

Monitor the state of labor relations and their compliance with laws.
Analyze the results of consideration of working conditions.
Take measures to protect the rights of the collective.

This organization has the right to independently conduct an inspection of any enterprise for compliance with the law. In this case, the administrative body may apply penalties against the offending employer.

The inspectorate is obliged to accept requests from citizens related to violations of their labor rights and carry out an investigation into them. If violations of labor legislation are detected, the employer may be held administratively, civilly or criminally liable. The law allows an anonymous complaint against an employer to this government agency.

So what reasons might there be for a complainant to file an anonymous complaint against their employer? As a rule, citizens' appeals are related to conflicts that cannot be resolved peacefully with the leader. For example, an application to the labor inspectorate can be submitted if the employer:

Violates the terms of payment of wages - delays payment of labor, does not make mandatory deductions in favor of the tax or insurance authority. Complaints may also be related to the lack of payments for the vacation period or reworking of the labor standard.
Does not want to formalize the relationship with the employee - does not enter into an employment contract, pays wages as a gray or black salary. This may also include violations related to registration of employment or dismissal.
Does not provide the working conditions required by law - there is no full-fledged workplace, safety precautions are not observed. For example, according to the law, every employee at an enterprise must have a uniform and protective accessories when working at dangerous or harmful objects.

Filing an appeal may not always be related to violations of labor relations at work . Often complaints are filed by citizens who were unreasonably fired (or were forced to do so by their employer). You can also contact the inspectorate if the applicant is refused employment without proper grounds.

The body in question operates exclusively within the scope of its powers. If you are interested in the question of what the labor inspectorate checks, we recommend reading a special article.

Drawing up an application and submitting it

If an employee discovers violations of his rights by his manager, he can contact several government bodies, for example, the prosecutor's office. But first, you should still submit an application to the labor inspectorate. This body is obliged to respond to the request received and take action against the unscrupulous employer. So, an anonymous complaint can be filed by doing the following :

The applicant collects the necessary evidence of violations of the law by his employer. The basis for verification may be video or photographic materials, audio recordings of conversations, and witness testimony. If there are any documents, they can also be attached to the anonymous complaint.
Next, you need to draw up an anonymous appeal to the labor inspectorate, which must contain a detailed description of the entire essence of the conflict or violation, as well as its evidence.
After drawing up the document, it must be sent to the state labor inspectorate in the area where the employer operates. Remember that the application will not be accepted if it is not addressed to the place of activity of the employment enterprise.

So, the document has been sent successfully. What to do next? Within a certain period of time, the government agency is obliged to study the received papers and make a decision to conduct an inspection.

An effective method of filing a complaint against an employer is to file a complaint on behalf of the entire team. Remember that there cannot be an anonymous appeal to the authority. Only a requirement to the department not to disclose information about the applicant is allowed.

How should an anonymous complaint against an employer be filed with the inspectorate who has violated the rights of an employee? You can take a sample application from a lawyer or write it yourself in any form. An approximate plan for drawing up a document looks like this :

Complaint header: the name of the organization that is the recipient of the anonymous complaint, as well as information about the employer and the applicant.
Text of the appeal: grounds for the complaint (reasons and detailed explanation of the conflict or violation of labor rights by the employer). It is also necessary to write about what the inspection should pay attention to during the inspection.
It is imperative to indicate references to legal standards that were violated by the head of the enterprise, as well as the applicant’s requirements.

Contacting the prosecutor's office

Law enforcement agencies can also help significantly, but you can contact them in the following situations:

an unfair fine was imposed on the employee;
labor is not paid (including overtime), or is paid with so-called “gray” wages;
the salary received by employees is below the subsistence level;
management exerts psychological or even physical violence against employees;
the employee was fired without valid reasons or forced to resign.

The prosecutor's office will further investigate the case. At the same time, they are guided by the norms of labor legislation.

Check of the employer by the prosecutor's office

Based on the complaint filed, the prosecutor has the right to conduct an inspection of the organization.

In addition to explanations, the prosecutor has the right to request documents from the employer, interview employees and take their written explanations. At the same time, the manager has up to 15 days to do this as soon as the corresponding request is received. The inspection can be carried out throughout the territory where the organization is located.

If violations are discovered during the inspection, the prosecutor has the right to:

Make an official protest addressed to the manager if an internal document issued by him violates the law (for example, if work is paid only once a month). 10 days are allotted for consideration of the protest. The response must be prepared in writing and on time. The manager will have to make appropriate changes to the act. The refusal must be motivated.
Submit a provision, demanding that the identified violations be corrected (Article 24 of Law 2202-1 “On the Prosecutor’s Office of the Russian Federation”). It usually takes a month to resolve. Elimination of violations is reported in writing with a detailed explanation of the measures taken.
A resolution is issued that initiates proceedings upon detection of an administrative violation under Article 5.27 of the Code of Administrative Offences. If we are talking about violations of labor legislation, the cases will be considered either by the Labor Inspectorate or in court.

Deliberate failure to comply with the prosecutor's requirements will result in a fine under Article 17.7 of the Administrative Code:

organizations face a fine of up to 100 thousand rubles;
if an official is guilty - up to 3 thousand rubles.

The inspection is not always carried out by representatives of the prosecutor's office; sometimes it is entrusted to the Labor Inspectorate. For this purpose, a corresponding requirement is made.

How to properly file a complaint

Success in solving a problem situation is possible only if the document is drawn up correctly. The following structure must be followed in a complaint against an employer:

A cap. The details of the authority to which the document is sent are indicated (address and name of the department).
Applicant details. Full name, address, contacts (telephone).
Main part. The reason for filing the complaint, demands, etc. is indicated.
Additional materials. List of evidence confirming the fact of violation.
Date and signature of the applicant.

You can write a complaint by hand on A4 sheet or type it on a computer, only signing it by hand.

Obligation to respond to written requests from citizens

The obligation of the prosecutor's office to provide responses to incoming complaints is established by Article 10 and Article 27 of Law No. 2202-1. In addition, the prosecutor must comply with the established procedure and deadlines and provide a reasoned response.

If a complaint is refused, there must be a detailed explanation of the reasons. The complainant must be informed of his right to appeal the decision, including going to court.

A citizen can familiarize himself with the materials of the inspection if it was carried out in connection with a violation of his rights by the employer (clause 4 of Article 5 of the Law).

Collective complaints

A complaint can be made by one person or by a whole team. The rights of the collective are also violated, since usually the negligence of management affects almost all or most workers. But to file a collective complaint, you need to follow the rules and adhere to the norms.

If you need to draw up a document on behalf of a team, the following features follow:

the preparation of the document is carried out jointly;
the complaint must be signed by all applicants or their representative;
the names and contacts of all applicants are indicated;
Only those people who really suffered from the actions of their superiors should write a complaint.

Not all of its members, but only a representative, should represent the interests of the team. It is this person who will cooperate with the authorities where the complaint or claim was filed (in case of litigation). It is important that the representative has a power of attorney certified by a notary.

Can a complaint be left without notification or permission?

There may be several reasons for leaving a complaint without notification and permission:

The appeal was submitted anonymously. No notification is sent.
The appeal was made using obscene statements, curses, and insults. No notification is sent.
There was negligence and displays of unprofessionalism on the part of the authorities, as a result of which the complaint was not considered. In this case, you will need to appeal the actions to a higher prosecutor.

Refusal may also occur upon receipt of the following complaints:

The text is unreadable and uses abbreviations and unclear acronyms.
The complaint is not written in Russian.
The document is written in Russian, but the design requirements are violated (solid text without spaces, CAPSLOCK, symbol replacement, no division into sentences, etc.).
There is no legal address of the organization, the address of the complainant, it is indicated incorrectly or the address does not exist.
A duplicate complaint was received, which was previously checked and clarifications were provided to the applicant.

How are out-of-scope issues handled?

If the issues raised by the complaint do not fall within the competence of the prosecutor's office, they are redirected to the departments authorized to consider them .

Complaints are forwarded within one week. The applicant is notified in writing of the fact of forwarding the document at the place of residence indicated by him.

How to send a complaint: choose the most convenient method

We figured out where to send the document, now we need to figure out how to make sure that the complaint gets to the right place. You can use the following methods:

Come to government agencies in person. To do this, you need to take documents (passport) with you.
Using the services of representatives. The form for writing a complaint is standard, but the representative must have a power of attorney.
By mail (including courier). Sending is done by registered mail with a list of attachments. In return, you should receive a notification of receipt with the signature of the person who accepted the document.
In electronic format. On the website of the authority you need, you need to fill out a special form.

You should contact your local business registration office. The complaint must be considered within 30 days from the date of receipt. The deadline may also be extended. If evidence is attached to the complaint, consideration of the problem will begin within two weeks after filing.

How to report a violation?

Various methods are used for circulation. We will describe all the methods separately. And you decide for yourself which one to use.

Complain by calling the hotline

You can contact us at various numbers:

To the general hotline +7(495) 987-56-56;
To submit appeals in the capital or.
The operator will answer if the call is received during business hours - from 900 to 1800 (Monday to Thursday), from 900 to 1645 on Friday. Lunch break from 1300 to 1345.
Call the helpline (without disclosing your details). Works around the clock. Just a description of the situation that has arisen is sufficient.

Filing a complaint in person

In this case, you should personally come to the department and hand over the documents. To do this, you should contact the office. Prepare a second copy of the complaint in advance so that it can be marked.

The package of documents is accepted by the responsible employee. He puts his signature and registers the appeal in the journal. Additionally, a stamp is placed.

If you refuse to affix a mark, you must indicate that the procedure for considering applications does not contain any prohibitions on affixing marks. Refusal is a reason to file a complaint against such actions.

After receipt, the document is handed over to the responsible prosecutor for execution.

You must have a passport with you for identification.

Through a representative

If it is not possible to file a complaint in person, you must act through a representative. However, for this you will first need to issue a power of attorney in his name from a notary . You need to approach the drafting of a power of attorney very carefully. The powers of the representative must be clearly defined.

It is better if a general power of attorney is issued. These also register, if necessary, to represent interests in judicial structures.

When submitting a complaint to the department with attached documents, the representative will also need to prove his identity. If the power of attorney specifies a passport, then that is what needs to be presented.

In addition to the complaint, the representative must attach a copy of his passport.

By mail

This method is complicated. Firstly, the letter may be delayed. Secondly, there is a possibility that it will get lost. But in most cases, correspondence still reaches the addressee.

If you want to send a complaint by mail, it is better to send a package of documents using a notification . An inventory is also desirable to confirm the fact that documents were included.

In addition to the complaint itself and its attachments, you should add a copy of your passport. Receipt will be confirmed by the return of the notification receipt . If it is not returned, you need to contact the post office with a question.

Online appeal

The right to such treatment is ensured by the following regulations:

Law 59-FZ of May 2, 2006;
By order of the Prosecutor General's Office of Russia dated January 30, 2013 N 45.

Through the Internet reception of the prosecutor's office

Go to the official website of the Prosecutor General's Office.
Click on the “Online Reception” tab.
In the field “Prosecutor's Offices in the constituent entities of the Russian Federation”, select your subject to speed up the verification of the appeal.

Further, each reader will have his own scheme for filing a complaint. But there are general requirements:

Anything marked with an asterisk (*) must be completed.
Applications without the citizen’s surname and address will not be considered (Article 11 of Law 59-FZ, paragraph 2.8 of the Instructions).
Applications are accepted only in Russian.
In order for a complaint to be considered, there must be enough information, and the essence of the issue must be clear, otherwise - refusal (clause 2.9 of the Instructions).
The application must be accompanied by documents and other materials necessary for consideration. File size is limited to 5 megabytes. Larger materials are sent by mail.
Applications that contain audio and video recordings, links (hyperlinks) to sites where a certain file format is stored can also be considered.

Complaint to the Prosecutor General's Office

If the appeal falls within the competence of the Prosecutor General's Office, an online complaint is possible directly to this structure. The rules for writing an application and the specifics of attaching files are the same, but there are some differences:

Among other things, a complaint can be filed against the actions/inactions of regional prosecutors' offices.
If you need to provide a large volume of documents, you can apply by mail to the address GSP-3, 125993, Moscow, st. Bolshaya Dmitrovka, 15a.

General Prosecutor's Office of the Russian FederationProsecutor's Office in Moscow

To contact the Prosecutor General's Office of the Russian Federation via the Internet:

Go to the same internet reception page, scroll down without selecting a region.
Please read the warnings, including penalties for perjury. If you continue filing the complaint, click the “Agree” button.
Select the type and type of request. The type is selected from those proposed, and in the context of the topic under consideration, “appeal from an individual” or “collective complaint” are suitable. There are only two types: corruption cases and all the others.
Enter the applicant's full name. Please note that anonymous complaints will not be considered. Here, indicate (select) the country - Russia, and the region. Once completed, click “Continue”.
Enter information about the message delivery method. This implies receiving a response to the complaint. To respond to an email, simply indicate your email address. Those wishing to receive the message by regular mail must provide the full address. Click Continue.
The next section is the message itself, but first choose a topic. “On violation of labor rights (except for litigation)” is most suitable, but the topic may be different.
Next, enter the text itself and add the necessary files. See the structure of the text above in this article. Our advice is to compose the text in advance, check and copy it into this field. All that remains is to check everything again, click the captcha and click on the “Continue” button.
to confirm your email address will be sent to the specified e-mail Follow it, otherwise the message will not be accepted for consideration.

After confirmation, you will receive a message indicating that the complaint has been accepted for consideration, and subsequently an answer to your question.

Through State Services

Applications are also possible through the State Services portal. The interface will look different, but the final addressee will be the same prosecutor's office. To use this method, you must register on the State Services website and pass authorization. Further:

Go to the service page and read the information about it.
Click "Submit a request."
Check the applicant’s data automatically pulled from your personal account. Please note that email is in the category optional to fill out, but if you want to receive an electronic response, you must enter this information.
The passport details will also be filled in automatically - check them.
Choose region. By default, the region of your registration may be entered - it can be changed.
A field familiar from the previous method is the type of appeal. Choose "general character".
Next, all fields will be familiar. Here is the topic of appeal.
Enter text, add files. How to do this has already been described several times above.
Next are two “checkmarks”. Please put the first one only if you want to receive a written response (you will need to provide a postal address). The second - agreement with the rules, notification of familiarization with liability for giving false testimony - is mandatory.

All that remains is to send a message and wait for the results. If the e-mail is specified in your personal State Services account, you will not have to confirm it again.

Is anonymous submission possible?

Because employees are often reluctant to complain about violations of their rights for fear that their work may be negatively affected, anonymity is of interest to many complainants. For example, a manager, having learned that a certain employee is complaining about him, can create unbearable working conditions in the future. You still have to quit. To avoid this, the possibility of anonymous appeal is provided.

The law does not prohibit anonymous appeal, but it is not possible in all cases. Especially if you need individual compensation for moral damage, return of wages, etc. Therefore, you will have to indicate your personal data in the document. Otherwise, the authorities simply will not be able to contact the applicant. To prevent management from finding out who the applicant is, anonymity can be indicated in the document itself. Thus, personal data will not be disclosed.

In what situations is it useless to complain: a receipt of no complaints and why it is needed

If unpleasant situations arise at work, during which the rights of employees are violated, the logical solution is to write a complaint to management. Anyone can complain, especially if the entire employment relationship has been terminated. But such appeals are not always justified.

Employers can protect themselves by asking the employee to write a no-claims note upon dismissal. This measure is often used, even while the employee is still performing his job duties. As a rule, such a document is drawn up in the following situations:

the employer will pay the resulting debt to employees;
the parties have no claims against each other, the employee has been given all the documents and the due money has been given;
all contractual obligations have been fulfilled, etc.

That is, if an employee is not satisfied with the working conditions, such a receipt cannot be signed. If the employer conscientiously fulfilled all the requirements stipulated by law, the receipt is his guarantee.

So, if human rights are violated at work by superiors, you can stop this by complaining to the relevant authorities. But employers must also protect themselves. This is what no-claims receipts are used for. If the employee signed them voluntarily, further complaints will likely be futile.

Procedure and terms for consideration of an appeal

As soon as the appeal is sent, regardless of the method, the prosecutor's office has 30 days to check . This period is established by part 2 of article 10 of Law 2202-1. But if the issue can be resolved without additional study of the materials, the period can be halved.

If the prosecutor's office is initially selected by mistake or the application is submitted to the Prosecutor General's Office, the countdown of the period will begin again from the moment the materials are transferred to the authorized body.

If it is necessary to more fully clarify the details of the violation, send inquiries, or request additional documents, the period may be extended by 15-30 days

Verification activities are reduced to the following stages:

Study by the prosecutor of the legislative framework and practice in similar cases. Determining the circle of people who will need to be involved in the procedure.
Travel to the site of the violation and initiate an inspection of the employer in order to confirm the violation.
After requesting the necessary documents and studying them, guilt and responsibility are determined.
A notice is issued requiring the employer to correct the violation committed by him within a specified period.