By signing an employment contract, the employee, on the one hand, and the employer, on the other hand, enter into labor Relations, which are regulated by the Labor Code of the Russian Federation. To protect their rights, an employee must familiarize themselves with the articles of the Labor Code of the Russian Federation and be guided by them.

Today, it is not uncommon for a boss to neglect an employee’s rights and conflict situations arise.

An employer violates the labor code - where to complain

If an employer violates the code, the employee must know which organization will help protect his rights. Previously, everyone had the opportunity to apply to the Trade Union from the organization. However, today Trade Unions can only be found when large enterprises, therefore, to protect your rights, you can contact:

1. Labor inspection.
2. The prosecutor's office.

When contacting the labor inspectorate, you should write an application, which our lawyers will help you draft, and also attach a copy of the employment contract to it.

Labor inspectorate - where to complain about an employer

When applying for employment, it is important to remember that the employment contract is concluded in two copies, one of which remains with the employee with the original signatures and seal. You have the right to demand a second copy of the agreement from the manager.

Upon contacting inspectors, they conduct an on-site unscheduled inspection of the organization. If the inspection finds significant violations, a fine will be imposed on the head of the organization, and an order will be issued to eliminate the violations within a certain period. Before the expiration of the order, the head of the organization must provide the labor inspectorate with evidence that all violations have been eliminated. If the violations have not been eliminated, the inspectorate will sue the head of the organization.

The labor inspectorate is everywhere, and our lawyers know where to complain about an employer in Moscow and other cities, because you can only complain about the head of an organization where you actually officially work.

Prosecutor's office

To protect your rights, you can contact the prosecutor's office. To do this, the employee must write an application, attach a photocopy of his employment contract. After considering the application, the prosecutor's office will send a letter to the inspectorate about the need to check the organization. If violations are detected, the prosecutor's office may demand that the court bring the head of the enterprise to criminal liability.

Court

You can immediately go to court with a statement of claim, to which you must attach evidence of the employer’s offense. You will also need to provide documents proving that the employee is registered with the organization.

Main employer offenses

There are grounds to complain against the employer if certain articles of the Labor Code are violated.

Art. violated 67 Labor Code of the Russian Federation. When concluding an employment contract, the employee is not given a second copy. In fact, the contract must be signed within 3 days, and one copy must be given to the employee.

Art. violated 57 Labor Code of the Russian Federation. When signing the contract, you should carefully read all the clauses, since your signature means your agreement with each of them. It’s another matter if the employment contract does not specify mandatory clauses (working hours, salary, deadline for issuing advances, wages, other payments). If these points are not present, it will be impossible to prove that instead of a 40-hour work week, a person works more than the allotted time, and he is not paid extra for overtime hours.

Art. violated 68 Labor Code of the Russian Federation. Personnel documents not properly completed are also an offense on the part of the employer. No later than 3 days after signing the contract, an acceptance order must be drawn up, where the employee must sign (confirm that he has read the order). Based on the order, an entry is made in work book.

Art. violated 72, art. 74 Labor Code of the Russian Federation. All changes relating to work schedule and salary must be documented in writing by the employer and agreed upon with the employee.

The boss does not have the right to reduce the employee’s salary and increase the number of working hours if the employee does not agree with this and has not signed the corresponding document (order).

Art. violated 36 Labor Code of the Russian Federation. Most often, violations relate specifically to this article - payment of wages, advance payments. Our lawyers will tell you where to complain if your employer does not pay your wages. Delay in payments must be accompanied monetary compensation. If the employer does not compensate for days of delayed payments or does not pay wages at all, then you must contact the relevant authorities.

Art. violated 140 of the Labor Code of the Russian Federation, which specifies the time frame within which the employer is obliged to pay all payments due to the employee. He must do this strictly upon dismissal.

Art. violated 70 Labor Code of the Russian Federation. When a person gets a job, very often employers first set a probationary period. The employer does not have the right to establish a probationary period if the employee:

• This is the first time that a person is employed after graduating from a university or receiving a diploma of secondary vocational education.
• Was transferred from another unit.
• Minor.
• A woman who has a child under 1.5 years old.

Where to complain about an employer

The above-mentioned controversial situations between an employee and an employer are the most common. However, workers face a large number of violations by management, from employment to dismissal.

Often employees are faced with the problem that the employment contract contains clauses that contradict the Labor Code of the Russian Federation and regulations. This situation may also serve as a basis for contacting the inspectorate.

For example, the contract specifies a salary for a 40-hour work week below the minimum or states that the employee (a woman with a minor child) must be sent on business trips.

Where to complain about an employer anonymously

What to do, where to complain if the employer does not formally file a complaint. You can complain anonymously, thus an employee of the organization will protect himself from claims from his manager.

Our lawyers will tell you how to send a complaint against your employer anonymously. When filling out the form, such complaints will still require entering the employee’s data in accordance with current Russian legislation, since anonymous complaints without data will not be considered labor inspectorate. When sending a complaint, you just need to indicate “send anonymously”, then the complaint will be considered.

Violation of labor safety standards by the employer

Each workplace enterprises must be certified. Certification is carried out in the first 6 months from the formation of organizations, then every five years. The certification report contains recommendations and compliance with occupational safety standards. If, for example, an employee is required to wear special clothing under his working conditions, the employer is obliged to provide it. If working conditions are considered difficult (category IV), then the working day must be reduced or compensation must be awarded.

The employer is responsible for the employee if he suddenly gets injured at work. Before starting work, an employee must undergo:

• Induction training.
• Occupational safety briefing.
• Instructions on fire hazards and electrical safety.

Only then can he be allowed to work. If this has been done and the worker is injured, the relevant authorities must pay compensation. But they will not do this unless it is proven that all standards were followed, the employee was instructed, and the incident was an accident.

Therefore, the employee must undergo all instructions without fail, and the employer must ensure that they are carried out in a timely manner. Lack of instructions is also a violation Labor Code RF in relation to the employee.

If labor safety standards are not met, you must complain to the State Labor Inspectorate.

Where can an employee complain about an employer?

All rights and obligations of both parties are specified in the Labor Code of the Russian Federation. In order not to face unfair treatment from superiors, the employee needs to familiarize himself with the Labor Code of the Russian Federation, and in case of controversial situations, initially seek answers there or from our lawyers who know where to complain about an unscrupulous employer.

Before contacting the Labor Inspectorate or other authorities, it is necessary to figure out whether his claim to the employer is a violation of his working rights. It happens that the legal actions of the employer, which are not to the liking of the employee, are considered by him as an infringement of rights and a violation, although they are not such.

Before contacting the State Labor Inspectorate, it is advisable to peacefully resolve all claims issues with the manager by writing a statement, complaint, or claim addressed to him. It is best if the employee, when drawing up a complaint, relies on the Labor Code of the Russian Federation and indicates the articles that, as it seems to him, were violated. You can submit a claim to the manager either directly in person or by post. The second option is preferable, since there will be evidence that he contacted the employer with a complaint.

Reverse notice can be provided to the court if the case goes to trial.

In order to competently draw up a claim indicating all violations, you can seek advice from our lawyers. To begin with, they will help determine whether the claim is a violation of the Labor Code of the Russian Federation and the employment contract. If violations are identified, lawyers will tell you where to complain about the employer in St. Petersburg and other cities of Russia.

Many employees of enterprises and small firms are faced with the fact that their employer violates labor laws. And although these norms are prescribed by law, in practice they are often violated flagrantly and with impunity. For example, the head of an enterprise did not conclude an employment contract with a person or did not give a second copy of it to the employee. And this is just one such case.

But an offended employee can appeal to higher authorities if the employer grossly violated labor legislation. Most often they do not do this, and everything comes from ignorance of their rights and obligations, which are established by law. With all this, it is best for a person to get advice from an experienced lawyer, because any appeal to higher organizations will require correctly filing and collecting everything Required documents.

Article 352 of the Labor Code of Russia provides for an employee’s appeal in case of violation of his rights by the employer to the following departments:

1. Federal Labor Inspectorate;
2. trade union organization;
3. commission for individual labor disputes;

How to contact the Labor Inspectorate?

The Labor Inspectorate closely monitors the implementation of labor legislation at all enterprises. This is provided for in Art. 356 Labor Code of Russia.

If a person working in a particular organization encounters a violation of his legal rights, he can write a complaint, statement or appeal to the above department. All necessary documents must be attached to the application. These documents will serve as the basis for conducting inspections at the enterprise to determine and confirm the employer’s violation.

After determining a violation of labor legislation by the employer, representatives of the Labor Inspectorate draw up an order obliging the head of the organization to eliminate the violations. If violations are not identified within a specific period, information about this is sent to the executive authorities. They can also draw up a protocol on an administrative violation to influence the employer.

We contact the Trade Union bodies

Article 370 of the Labor Code of the Russian Federation imposes on the Trade Union the rights and powers to monitor the implementation of labor legislation at enterprises. The audit is carried out in terms of the employer’s compliance with the terms of labor agreements and collective agreements. If an employee files a complaint with the Trade Union, a demand will be filed against the violator, which will oblige him to eliminate all violations. The company must respond to this request within a week and comply with all the requirements set out in it.

If the employer has ignored the above document, then the Trade Union has the right to submit the relevant documents to the executive bodies. There they will consider the identified violation and determine the punishment for the negligent manager.

How to contact the labor dispute commission?

If a violation of Labor Code norms is determined by the employer, a special commission for labor disputes is created at the enterprise. Within 10 days after submitting an application to this commission, its members are required to consider the complaint. Then, within three days, a decision is made and handed to both parties to the conflict. The boss and employee are given 10 days to appeal the decision. If no one complains, the decision is implemented within three days.

If the decision is not implemented, the employee is given an enforcement certificate, which must be taken to the bailiff to force the employer to comply with this document.

In what cases should you go to court?

They go to court if an employee or employer does not agree with the decision made by the commission. Labor disputes can be considered in court without the additional creation of a commission for individual disputes. This will be the case if one of the parties to the dispute wrote a corresponding petition, which is provided for in Art. 391 Labor Code.

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Relations between employees and employers are rarely rosy: the former criticize management for greed and unreasonable strategic decisions, the latter are dissatisfied with the results of work and the fact that employees are inert. However, conflicts often arise not because of simple dissatisfaction, but because of serious violations of the employee’s rights by the employer. The employee asks: “ What to do if the employer violates my labor rights ?. The answer is simple - be sure to defend them yourself or with the help of a competent lawyer and with the participation of supervisory authorities.

Complexity labor disputes lies in the fact that employees often prefer not to aggravate relations with their superiors, for fear of losing their jobs altogether, and therefore resign themselves to violation of labor rights by the employer and limit themselves to discussing arbitrariness among their colleagues and family. This is what the employer hopes for, becoming more and more confident in his impunity. In addition, often all the documents that confirm the violation are kept by the employer, and it is almost impossible for the employee to obtain them, or they are properly executed “as it should”, and there is practically no evidence of the violation. However, by using our legal assistance or the advice in this article, you can effectively resist violation of your labor rights by your employer.

What can you do before contacting government agencies?

1. In large organizations, as a rule, authoritative trade unions of workers still operate, which monitor the observance of labor rights by the employer at a particular enterprise and can respond to violations with their own regulations. In addition, in each region there are industry trade unions with which employers prefer not to get involved. The very fact of contacting may prompt the employer to stop the violation and will show that you intend to protect your rights.
2. Contact the commission for individual labor disputes in the organization (if such a commission has been formed). This option is suitable if the employer violates the employee’s labor rights in some minor points, but of fundamental importance for you. In more serious cases, if employer violates your labor rights, it is better to immediately contact the supervisory government authorities.

We turn to government agencies for the protection of labor rights

Please note that the law provides for a fairly short period within which you can file a statement or claim in court; for example, in the case of illegal dismissal, this period is only one month. Therefore, in order not to waste time, you can contact government authorities either one by one or simultaneously to all authorities.

1. First of all, with a complaint about the actions of employers, you can go to the Labor Inspectorate, which is in every region and is an independent organization. What is the advantage of filing a complaint with this body can be indicated in the statement of non-disclosure of the applicant’s data during the inspection. That is, if you intend to continue working at your previous job and do not want the employer to know who exactly is complaining about him, you indicate your data in the complaint and ask for a check to be carried out without indicating your data as the applicant. In this case, Inspectorate employees will check the documentation and working conditions not only concerning you, but also other employees. Thus, the employer will not be able to determine who exactly wrote the complaint. Having identified violations, the Inspectorate will issue an order to the employer to eliminate them and monitor how this order is fulfilled. The only inconvenience: your complaint will be considered within a month, another month will be given to the employer to correct the identified deficiencies, so you should not expect a quick response. Another disadvantage is that the inspection mainly checks compliance with labor law based on documents, thus, in case of incorrect calculations of payments, inspections will be effective, but in case of unspoken pressure on the employee, discrimination or verbal coercion to dismiss, inspections of the Inspectorate will be powerless.
2. The next most popular authority where workers go to protect their rights is the prosecutor's office. Very effective remedy for employees, if the employer violates labor rights and is confident in his impunity. Based on your complaint, the prosecutor's office itself checks the documents, their compliance with the law and internal regulations of the company itself, and interviews witnesses. Having identified a violation, it can make a proposal to eliminate the violations in month period, or, at the request of the employee and in defense of his interests, may apply to the court with a claim for the restoration of violated labor rights. Thus, by contacting the prosecutor’s office, an employee receives either quick restoration of his violated rights, or an authoritative defender and free legal representation in court.
3. As a rule, employees go to court if all previous authorities were powerless to restore violated rights, or if restoration is possible only through judicial proceedings (for example, collection of amounts, reinstatement at work, changing an entry in the work book). Please note that to protect labor rights, there are fairly short deadlines for going to court, so it would be better to go to court along with other authorities, and not after you have received answers from the Labor Inspectorate and the Prosecutor's Office. The statement of claim is written according to general rules, attach to the application all documents that confirm the fact of work in this organization, as well as the fact of violations (if there is evidence). If there is no evidence, in the statement of claim, ask for assistance in obtaining evidence, and the court will request documents from the organization, and it, in turn, will certainly provide these documents. If you request to recover any amounts or make a recalculation, you will have to attach a detailed written calculation of the amounts.

Please note: You need to clearly formulate your requirements. Also, be prepared for the fact that an experienced lawyer will act against you from your employer, so it makes sense for you to take legal help. With the support of our specialists, you will receive competent defense their labor rights both in communication with the employer, competent authorities, and in court hearings and at the stage of execution of the decision.

Labor legislation has endowed workers not only with responsibilities, but also with rights. Compliance with these rights largely depends on the behavior of the employer. If there are violations of labor legislation by the employer, the employee must contact the competent authorities to restore his rights.

What is a violation

The following may be considered a violation of employee rights:

Responsibility

There are several types of liability for violation of labor law: disciplinary, administrative, civil and criminal.

• abuse of authority by the employer, for example, forcing an employee to perform work that is not typical for his position, or overtime;
• material discrimination against an employee (unfounded imposition of fines, work for probationary period without payment, etc.);
• dismissal without cause;
• untimely payment of labor (find out about the rights of an employee in case of delay in payment of wages);
• failure to provide social guarantees (denial of vacation, sick leave, etc.).

This list is not exhaustive; employers may commit other violations of labor legislation in relation to an employee.

What should an employee do if his labor rights are violated?

Initially, you should try to resolve the issue directly with the employer. To do this, an employee can state his demands or convey information about a violation of his labor rights to the head of the organization in which he works. This can be done by writing an appeal or memo addressed to the employer, or by turning to a trade union organization for help.

The complaint to the employer must contain:

• Full name and position of the addressee;
• information about the sender, including contact information;
• a description of the situation in which, according to the employee, his labor rights were violated;
• a request to eliminate violations;
• date and signature.

Violation of labor laws: where to go

If the issue cannot be resolved using the above method, the employee can seek protection from the following authorities.

Contacting the labor inspectorate

Citizens have several ways to submit an appeal to the labor inspectorate:

1. personal submission to the labor inspectorate reception;
2. sending a complaint by mail;
3. filling out a special electronic form on the official website of the department.

1. Labor Inspectorate. Inspectorate employees have the right to come to the organization to verify the arguments set out in the employee’s complaint. The competence of the labor inspectorate, in particular, includes issues of compliance with labor protection rules, personnel records management and other controversial issues between the employee and the employer, with the exception of the payment of wages.
2. Prosecutor's office. Prosecutors have much broader powers compared to the labor inspectorate and can initiate not only administrative but also criminal proceedings against an employer who violates labor laws. An employee can independently choose where to apply in case of violation of labor laws, but the prosecutor’s office, at its discretion, can forward his complaint to the labor inspectorate for consideration.
3. Police. Contacting the police is permissible if the employer’s actions show signs of a crime, for example, he fraudulently took possession of wages employees, etc.
4. Court. A statement of claim may be filed in court before applying to other authorities. In addition, there are situations the resolution of which is within the exclusive competence of the court, for example, reinstatement at work. Workers who apply for restoration of their violated labor rights are, as a rule, exempt from paying state duty.

Find out where to go in case of violation of labor laws from the following video

Complaint about violation of labor laws by an employer

The law does not contain a strict form for drawing up this type of complaint, but certain information must be indicated in it:

• The name of the authority to which the complaint is sent;
• Information about the author of the complaint: full name, address, contact phone number;
• Full name of the employer's organization where the violations occurred;
• Address of the organization, full name of the head and, if possible, TIN;
• The essence of the appeal: detailed description violations indicating evidence confirming the applicant’s words;
• Review Information controversial issue within the organization;
• If a complaint is filed with law enforcement agencies, it is advisable to indicate the signs of what offense or crime are present in the actions of the employer;
• Date of writing the appeal;
• Signature.

Documents evidencing violations of labor laws are attached to the complaint.

Note: a complaint filed by a group of employees of one enterprise (collective complaint) from the point of view of its consideration is more effective than an individual one. Collective complaints often lead to positive results.

Please remember that anonymous complaints may not be considered. government agencies. If an employee does not want his name to appear when checking whether the employer has violated labor laws, he can state this request in his complaint. When checking by the labor inspectorate, it is usually possible to maintain the employee’s anonymity, but if it is filed either with the police, it is unlikely that you will be able to keep your appeal a secret.

Ask your question and get free legal advice

ON THE. Matsepuro, lawyer

When an employer’s violation is a reason to quit without working

A situation is possible when an employee comes to the accounting department or the human resources department with a letter of resignation, citing that the employer is violating his labor rights (for example, does not pay his salary on time, does not issue pay slips, does not provide him with funds). personal protection and so on.). On this basis, the employee asks to be fired on the day specified by him without working for 2 weeks. What to do in such a situation?

Indeed, violation by the employer of labor legislation (other regulatory legal acts containing labor law norms, local regulations, the terms of a collective agreement, agreement or employment contract) gives the employee the right to resign early Art. 80 Labor Code of the Russian Federation. But you need to take into account some nuances.

The violation must be established

The mere fact that an employer commits violations is not enough for early dismissal. It is necessary that the violation be established by the competent authority, namely Articles 80, , 382 of the Labor Code of the Russian Federation; subp. “b” clause 22 of the Resolution of the Plenum of the Supreme Court dated March 17, 2004 No. 2:

• <или>executive authority for supervision and control over compliance with labor legislation (for example, the Federal Labor Inspectorate, Rostechnadzor, Rospotrebnadzor) Articles 354, 366-369 of the Labor Code of the Russian Federation;
• <или>labor dispute commission;
• <или>court;
• <или>trade union.

WE WARN THE EMPLOYEE

If there were no violations on the part of the employer, and at the same time the employee left without working, that is, there is every reason to fire him for absenteeism subp. “c”, “d” clause 39 of the Resolution of the Plenum of the Supreme Court of March 17, 2004 No. 2.

That is, it is necessary for, for example, the labor inspectorate to issue an order against the employer to eliminate the violation, or the trade union to issue him a demand to eliminate the identified violations Articles 357, 370 of the Labor Code of the Russian Federation.

Formally, any established labor violation can serve as a reason for dismissal. Even if it is not related to the employee himself and he did not suffer as a result of this violation.

FROM AUTHENTIC SOURCES

Deputy Head of the Federal Service for Labor and Employment

“ If the employer has committed a violation of labor legislation (local regulations, collective agreement, agreement or employment contract) and this violation is established by the competent authorities (state supervision and control bodies for compliance with labor legislation, trade union, labor dispute commission, court), then the employee has the right to resign before the expiration of the 2-week notice of dismissal, even if this violation does not directly affect his rights and freedoms. For example, if the employer’s violation was simply expressed in the failure to complete the necessary documentation: orders for personnel, a book for recording the movement of work books and inserts in them, a receipt and expenditure book for recording forms of the work record and inserts in it, etc.”

It turns out that if an employer is caught in one or more labor violations, then he can lose all his employees overnight if they want to quit.

Please note that by the time an employee submits an application for dismissal, the violation must already have been recorded, and there must be a corresponding document. In practice, there are only isolated cases when, already during the consideration of the dismissal dispute, the court found out whether a violation had occurred and considered it installed.

Thus, in one case, the court declared dismissal for absenteeism illegal, since it established during the proceedings that the employer unlawfully involved the employee to work on weekends, thereby violating his right to weekly rest. Cassation ruling of the Khabarovsk Regional Court dated May 16, 2012 No. 33-3361/2012.

The application must indicate the reason for dismissal

If an employee wants to resign precisely because of a violation committed by the employer, then he must write about this in the application and specify the violation. Courts often point this out Determination of the Primorsky Regional Court dated May 23, 2012 No. 33-4440; Cassation ruling of the Kamchatka Regional Court dated January 13, 2011 No. 33-13/2011..

The period for exercising the right to dismissal is unlimited

The period during which an employee has the right to resign without working after a violation by the employer is established is not defined by law. Therefore, the employee can do this at any time.

He must be fired on the day indicated in his application. In this case, in the dismissal order and work book, it is enough to make a standard entry: “Dismissed due to at will" Specify the reason - commission by the employer labor violation- no need. There is no such obligation in law Determination of the Perm Regional Court dated 03/05/2012 No. 33-1826-2012.

As we can see, the employee cannot resign immediately as soon as the employer commits a violation (unless another violation was previously established). After all, you first need to complain to the relevant authorities and wait for the required paper from them. Moreover, the period for consideration of citizens’ appeals, for example, by the labor inspectorate is 30 days with the possibility of extending it for another 30 days Part 2 Art. 8, part 1, 2 art. 12 of the Law of 02.05.2006 No. 59-FZ. Therefore, sometimes it is much faster for an employee to quit in general procedure, having worked for 2 weeks.