For what questions can you contact the labor inspectorate?

The best way to punish an employer for violation of labor rights is a complaint to the labor inspectorate. The labor inspector has the authority to bring the employer to administrative liability. It will not solve the issues of reinstatement at work. In this case, the employee must go to court with a claim for reinstatement at work. But the complaint itself and the response to it are often good evidence when considering labor disputes.

When is it legal to contact the labor inspectorate?

The basic rights and obligations of the employee and the employer are listed in Articles 21 - 22 of the Labor Code of the Russian Federation. If you believe that your manager is being unfair to you or breaking the law, please read these articles carefully. If you are convinced that your rights are being violated and the employer is not going to correct the situation, prepare a statement of violation of the employee’s labor rights to the State Labor Inspectorate (SIT). You can find out the addresses of inspections and get additional advice on the Rostrud website or on the Onlineinspektsiya.rf portal.

Discrimination in the workplace

Art. 3 of the Labor Code of the Russian Federation prohibits any type of discrimination in the workplace. According to this norm, every employee has equal opportunities to exercise their labor rights.

Most often, discrimination in the workplace is expressed in the following actions of a manager:

1. Denial of employment due to personal and national characteristics.
2. With the same workload, certain groups of workers have a significant superiority in wages.
3. For a certain category of employees, the terms of the employment agreement are unilaterally changed.

The concept of discrimination in most cases is subjective. Therefore, before reporting a violation, the employee must speak personally with the employer. Most often, a conflict situation is resolved at the negotiation stage. Initially, this can be discussed with a lawyer.

What violations should you complain about?

Often, an employee simply does not know what issues can be addressed to the labor inspectorate, considering violations to be a normal work process. But this is not so: an employee has the right to apply to the State Tax Inspectorate in response to any violations or facts of discrimination on the part of the employer. Carefully read the text of the contract, study the internal rules and job descriptions. Familiarize yourself with the procedure for granting vacations and sick leave. Often employers do not give vacation in the summer, forcing the employee to rest only in winter or autumn - this is illegal. The workplace must comply with labor safety standards. And fines for being late or not meeting the sales plan are a gross violation. It makes no sense to list them all - the list is huge.

Delay or non-payment of benefits

Each employee has the right to count on timely payment of cash benefits for the period of temporary disability. Violation of this right entails administrative liability.

It is worth noting that not all delays in compensation payments depend on the employer. In accordance with the rules for calculating sick leave, the first 3 days of incapacity for work are paid by the employer, the subsequent days are paid by the Social Insurance Fund. Sick leaves that were opened due to pregnancy or illness of a child are fully funded by the Social Insurance Fund.

Filing a complaint during a personal visit to the State Tax Inspectorate

On the Rostrud website, find the addresses of the State Labor Inspectorates of your region. Prepare 2 copies of the application. The inspector will mark one of them as accepted and return it to you. You can attach documents proving the violation to your application.

If you live in a remote place or other circumstances do not allow you to contact the State Tax Inspectorate in person, the post office will help you. In this case, you will have to write a complaint to the labor inspectorate against the employer with a notification of delivery and a list of attachments if the letter contains additional documents.

Force you to work overtime, on weekends or at night

❌ Transfer the employee to the night shift, force him to stay late, schedule inventory for the weekend. You agree not to ask for consent, not to pay extra for processing.

✅ The employee must be at work during the hours specified in the employment contract and labor regulations. Working hours should not exceed 40 hours per week - Art. 91 Labor Code of the Russian Federation.

To work beyond the norm, written consent is taken from the employee and added to the salary.

Overtime is working after a shift, working an extra shift, or working on a weekend. Duration is limited: no more than 4 hours per two weeks and 120 hours per year. The rule is from Art. 99 Labor Code of the Russian Federation.

Recycling itself is not prohibited. But there must be a goal: unload perishable food, replace a barista who is absent, repair a broken pipe. Pregnant women and minors cannot be involved in additional work. And disabled people and mothers of children under three years old can refuse.

They pay extra for overtime work. In the first two hours - one and a half times more, in the subsequent hours - twice as much. Instead of additional payment, the employee can choose a day off - Art. 152 Labor Code of the Russian Federation.

At night they work from 22 to 6 o'clock. The night shift is one hour shorter than the day shift. For a one-time night out, written consent is taken from the employee. To completely transfer an employee to night mode, an additional agreement is drawn up to the employment contract. Details - in Art. 96 Labor Code of the Russian Federation.

Each hour of night work is paid 20% more.

Often it is written into the employment contract that the working hours are irregular. This means that an employee can sometimes be left behind after a shift and required to go on a day off. There is no need to take written consent. The amount of additional hours is recorded in the employment contract.

If processing falls on a weekend or holiday, the payment is doubled. Or, at the request of the employee, the bonus is replaced with an extra day off. Rules from Art. 153 Labor Code of the Russian Federation.

Where to apply online

The fastest way is to complain to the labor inspectorate online on the websites of Rostrud, Onlineinspektsiya.rf.

1. Rostrud is the official website of the federal service for labor and employment. Here you can write a complaint in two ways. On the main page you will see an active window - send a request. When you click on it, you will be taken to a form that you need to fill out. Then select the text written in advance on your home PC, attach it and additional documents, if any. Choose a method to receive a response, fill in your personal information and send your request.

2. The second method involves contacting the State Tax Inspectorate through the Onlineinspektsiya.rf service. On the main page of the portal, select the “Employee” window. The system itself will tell you how to file a complaint on the official website of the labor inspectorate and redirect you to select a problem. This is either a navigator with step-by-step instructions, or the ability to immediately send a statement about violation of labor laws.

3. The website Onlineinspektsiya.rf will allow you not only to send a complaint against the employer. Here you can find notices explaining the requirements of the Labor Code, you can make an appointment with an inspector, find out the most common violations and their solutions.

IMPORTANT!

Filing a complaint in the Onlineinspektsiya.rf service requires authorization on the State Services portal!

fine

❌ Fining workers for shortages, being late, talking with a client not according to the script. The amounts of fines are withheld from wages.

✅ You can maintain discipline and punish staff only in three ways from Art. 192 of the Labor Code of the Russian Federation: reprimand, reprimand and dismissal under the article. And money for shortages and broken furniture must be deducted according to the rules on financial liability from Art. 238 Labor Code of the Russian Federation.

Employees cannot be fined. We have already talked about this in our article.

Both for the ornate system of fines and for a one-time punishment, the employer himself risks receiving a fine from the Rostrud inspector. And from the employee - a claim for the recovery of wages lost due to fines.

Are anonymous requests considered?

In Art. 11 clause 1 No. 59-FZ “On the procedure for considering appeals from citizens of the Russian Federation” the question of how to contact the labor inspectorate anonymously or without indicating a return address is considered. In this case, the request remains unanswered. State in the application a request not to disclose the personal data of the person who wrote it - on the basis of Art. 358 of the Labor Code of the Russian Federation, you have the right to this. Art. 6 No. 59-FZ prohibits prosecution of a citizen in connection with his appeal in order to protect violated rights. Paragraph 2 of this article contains a prohibition on disclosing the applicant’s personal information without his consent. Sometimes this is difficult, since during an inspection the inspector is required to indicate its basis.

Rules for drawing up a document

There is no legally established unified complaint template, so the employee can write it in any form. However, it is necessary to adhere to certain standards for writing such documents, namely:

• indicate the addressee, i.e. name and number of the labor inspectorate,
• own personal data (position, surname, first name, patronymic),
• the essence of the problem in as much detail as possible.

If you have problems drawing up a complaint, you can seek help from an independent lawyer (but this is a paid service), or take advice from a labor inspectorate employee.

When drawing up an application, you must refer to the violated provisions of the law (it is advisable to indicate specific articles), and also include a list of attached documents.

You should be extremely careful when writing a complaint, since it has the status of a legally significant document and can later serve when going to court.

All information contained in it must be reliable, errors must be allowed, and even more so, knowingly false information cannot be included in the document. Otherwise, if such facts are revealed, the employee may suffer a well-deserved punishment (for example, for slander).

We draw up an application to the inspectorate

There are no legal requirements for how to correctly write a complaint to the labor inspectorate. Write in free form. Try to avoid unnecessary details and emotions. Try to make the presentation concise, clear, preferably in chronological order of the facts of violations. Study this sample on how to write a letter to the labor inspectorate, use it as a template, enter the necessary details and the essence of the problem.

The main reasons for citizens to contact us in 2021

The following reasons are most often found in employee complaints against their employers:

Employment Violations

Violations that are allowed when registering an employee for work include:

• Failure to conclude a written employment agreement with the future employee. It must be completed before the employee actually starts working at the new location. In addition, the document must be drawn up in two copies, and one of them must be kept by the employee. If the employer has not complied with these requirements, this is a reason to file a complaint;
• A fixed-term agreement was drawn up with the employee for no apparent reason. All cases where an employer has the right to sign a fixed-term contract are stipulated in the Labor Code. If there was no basis for such an agreement, but a fixed-term agreement was signed with the employee anyway, then this is a violation.
• The refusal to hire was made unlawfully. The employer must select a candidate for the vacant position from among the applicants. Requirements that may be presented to a new employee are recorded in the job description. After the employer has selected one of the applicants, he must explain his choice to the others. At the same time, anyone who considers that he was refused unreasonably has the right to file a complaint.

Discrimination at work

An employee may face discrimination not only during hiring, but also during the performance of duties:

• Discrimination during registration can be expressed in the fact that an employee is refused admission based on his nationality, gender, age, etc.
• Discrimination during work can be expressed by the following events: Representatives of different groups are paid different remuneration for the same duties (for example, based on gender, nationality);
• Management sets restrictions on rights for a certain category of employees;
• Management for a certain category of employees changes the terms of the employment agreement unilaterally;
• Other cases of discrimination.

There were violations during dismissal

When dismissing an employee, the administration must strictly follow a certain procedure.
Otherwise, the dismissal itself can be challenged by filing a complaint. The following cases of violations during dismissal are often encountered:

• The employee submits a resignation letter at his own request under duress;
• Dismissal at the initiative of the administration is formalized under a far-fetched pretext - for example, due to a violation of the company's regulations;
• The employer delays or does not pay the amounts specified by law.

Upon dismissal, they did not give out a work book

On the last day of work, the personnel officer must give the resigning employee his work record. The organization has no right to detain and retain it.

Attention! If this step is not taken, the employee can file a complaint with the labor inspectorate. Also, the issue of the work permit must be recorded in a special journal.

No benefits paid

An employee may qualify for benefits - for illness, for child care, etc. The procedure for calculating and paying them is regulated by law, and every employer must comply with this. An employee can complain against the administration if he considers its actions in relation to benefits to be unlawful.

The disciplinary sanction was imposed unlawfully

An employee may be subject to various penalties for committing a disciplinary offense. It is very important that the punishment procedure is strictly documented.

If you skip at least one mandatory step (for example, drawing up a deed), then it will be unlawful to impose any penalty. The employee has the right to challenge such a step with the labor inspectorate.

Not paid upon dismissal

Thus, the law establishes that an employee must be given certain amounts of money at the time of dismissal. This includes the balance of the salary, compensation for vacation days, and other transfers.

If these amounts were not issued on time, the administration must calculate and pay compensation for the delay.

How long will it take to wait for results?

The appeal will be considered within 30 days. The applicant has the right to choose his preferred method of receiving a response; otherwise, the response will be sent by mail.

Within a month from the date of receipt of the complaint, the inspector is obliged to examine the complaint, as well as verify the fact that an unlawful act has been committed. If it is discovered that the employer has indeed violated the law, he will be fined and given an order to eliminate these violations.

Sometimes inspectors during an inspection determine that the investigation of an unlawful act does not fall within their competence. For example, if we are talking about a crime or misdemeanor, administrative sanctions for the commission of which are applied by another service. In this case, the State Tax Inspectorate will forward the complaint to the prosecutor’s office or another competent authority.

Why are we complaining to the GIT?

State Labor Inspectorate or abbreviated as GIT

is a territorial body of the federal labor inspectorate. The main task of this structure is to carry out state supervision over compliance with legislation containing labor law norms.

Therefore, if we are talking about violations of the rights of persons hired under employment contracts, then such incidents, of course, fall under the competence of labor inspectors. After receiving a complaint, the inspector must conduct an inspection and, if there are grounds, bring the violator to justice. At the same time, the State Tax Inspectorate has the right to apply exclusively administrative sanctions, as well as issue orders to eliminate identified violations.

If the employer’s behavior falls within the norms of the Criminal Code of the Russian Federation, then this should be reported to the prosecutor’s office. This body investigates acts that contain elements of a crime. You can also complain to the prosecutor's office when the employer's actions do not imply criminal punishment. The complaint, of course, will be accepted, but in the future the application will simply be forwarded to the competent authority, that is, to the State Tax Inspectorate.

Another option is litigation. However, they go to court when the employee intends to obtain a specific material result, for example:

• recognition of dismissal as illegal and reinstatement;
• reimbursement of unpaid wages;
• payment of various compensations and the like.

What will be the result?

In most cases, a complaint against an employer is drawn up competently and justifiably, as a result of which, after considering it, the government agency initiates appropriate checks on the fact reflected in the complaint. Having gone to the enterprise, inspection representatives have the right to check all labor aspects for compliance with legal standards.

Usually attention is paid to such points as:

• Working conditions;
• The general background of the mood of workers at the enterprise;
• Correctness and legality of documentation.

Based on the results of any inspection, representatives of the inspection draw up a special report that contains its results. If there are no violations, the department leaves the enterprise alone and can notify its representatives about who initiated the inspection (that is, reveal the identity of the complainant).

If there are violations on the part of the organization regarding compliance with labor standards of the law, appropriate liability is imposed on authorized persons. Depending on the severity and nature of the violations committed, the following measures may be taken :

• Issuance of an order obliging representatives of the enterprise to eliminate violations (for example, to pay delayed wages to employees);
• Imposition of administrative liability (mainly fines);
• Opening a criminal case, which occurs in cases of very serious violations.

After the inspection has been carried out, violations have been identified and appropriate measures have been taken, the sender of the complaint is notified about all this. If the latter expresses dissatisfaction with any aspects of the inspection’s activities, he has the right to appeal the decisions of the government agency or its individual representatives in court or higher structures.

General information on how labor inspection inspections are carried out is contained in a special article. Recommended reading.

An application sent to the state labor inspectorate, a sample of which was discussed above, and all the conclusions of the body must be attached to the claim, indicating the fact of violations. Otherwise, the expediency of judicial debate is reduced to zero, since it is almost impossible to prove the labor inspectorate wrong in the absence of its confirmation.