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 himself with the articles of the Labor Code of the Russian Federation and be guided by them.

Today, cases are not uncommon when the boss neglects the rights of an employee and conflict situations arise.

The employer violates the labor code - where to complain

If an employer violates the code, the employee should 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 at large enterprises Therefore, to protect your rights, you can contact:

1. Labor Inspectorate.
2. Prosecutor's office.

When contacting the labor inspectorate, you should write a statement, which our lawyers will help to draw up, and attach a copy of the employment contract to it.

Labor Inspectorate - where to complain about the employer

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

Upon contacting the 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, an order will be drawn up to eliminate violations within a certain period. Before the expiration of the prescription, 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 inspection will sue the head of the organization.

The labor inspection is everywhere, and our lawyers know where to complain about the employer in Moscow and other cities, because you can complain about the head of the organization only 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 a statement, attach a photocopy of his employment contract. After considering the application, the prosecutor's office will send a letter to the inspection 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 responsibility.

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 listed in the organization.

Employer's predicate offenses

There are reasons to complain about the employer if certain articles of the Labor Code are violated.

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

Violated Art. 57 of the Labor Code of the Russian Federation. When signing the contract, you should carefully read all the clauses, since his signature means agreement with each of them. Another thing is if the employment contract does not contain mandatory items (working hours, salary, term for issuing an advance, wages, other payments). If these points are absent, it will be impossible to prove that instead of a 40-hour working week, a person works more than the prescribed time, and he is not paid extra for overtime hours.

Violated Art. 68 of the Labor Code of the Russian Federation. Not properly executed personnel documents are also an offense on the part of the employer. Not later than 3 days after signing the contract, an acceptance order must be drawn up, where the employee must sign (confirm that he is familiar with the order). Based on the order, an entry is made in work book.

Violated Art. 72, art. 74 of the Labor Code of the Russian Federation. All changes relating to the work schedule, salary must be made in writing by the employer and agreed 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 relevant document (order).

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

Violated Art. 140 of the Labor Code of the Russian Federation, which indicates the terms in which the employer is obliged to pay all payments due to the employee. He must do this strictly upon dismissal.

Violated Art. 70 of the 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:

• It is arranged for the first time after graduating from a university or receiving a diploma of secondary vocational education.
• Transferred from another department.
• Minor.
• A woman who has a child under 1.5 years old.

How to file a complaint against an employer

The above disputes between an employee and an employer are the most common. However, employees face a lot of delinquency from management, from employment to dismissal.

Often, employees are faced with such a problem that the employment contract contains clauses that contradict the Labor Code of the Russian Federation and regulations. This situation can also serve as a basis for appealing to the inspection.

For example, the contract specifies a salary at a 40-hour working week below the minimum, or it is indicated that an 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 formalize. You can complain anonymously, so the employee of the organization will protect himself from the claims of the head.

Our lawyers will tell you how to file a complaint against an employer anonymously. Complaints of this kind, when filling out the form, will still require the entry of the employee's data in accordance with the 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 protection 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 indicates recommendations and compliance with OT standards. If, for example, an employee is required to wear protective clothing under his working conditions, the employer is obliged to provide it. If the working conditions are recognized as difficult (with category IV), then the working day must be reduced or compensation must be charged.

The employer is responsible for the employee if he suddenly receives an industrial injury at the workplace. Before starting work, the employee must pass:

• Induction training.
• Labor protection briefing.
• Fire safety and electrical safety training.

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

Therefore, it is imperative for the employee to undergo all briefings, and the employer to monitor the timeliness of their conduct. Lack of instruction is also a violation. Labor Code RF in relation to the employee.

If labor protection standards are not met, one 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 the authorities, the employee needs to familiarize himself with the Labor Code of the Russian Federation, and in case of disputable situations, initially seek answers there or with our lawyers who know where to complain about an unscrupulous employer.

Before contacting the Labor Inspectorate or other authorities, it is necessary to find out whether his claim against the employer is a violation of his labor 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 turning to the State Labor Inspectorate, it is advisable to peacefully resolve all claim issues with the head by writing a statement, complaint, claim addressed to him. It is best if the employee, when drawing up a complaint, will rely on the Labor Code of the Russian Federation and indicate the articles that, as it seems to him, have been violated. You can submit a claim to the manager either directly in person or by mail. The second option is preferable, since there will be evidence that he turned to the employer with a claim.

A return notice can be given to the court if the case goes to trial.

In order to competently draw up a claim with an indication of all violations, you can seek advice from our lawyers. To begin with, they will help to establish 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 Russian cities.

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

But an offended employee can apply to higher authorities if the employer has grossly violated the norms of 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 you to correctly draw up and collect all Required documents.

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

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

How to contact the Labor Inspectorate?

The Labor Inspectorate carefully monitors the implementation of labor legislation in all enterprises. This is provided for in Art. 356 of the 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 required documents must be attached to the application. These documents will serve as the basis for inspections at the enterprise in order to identify and confirm the violation of the employer.

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

Contacting the trade unions

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 compliance by the employer with the terms of labor agreements and collective agreements. If an employee files a complaint with the Trade Union, then a demand will be made against the violator, which will be obliged to eliminate all violations. The enterprise must respond to this requirement within a week and comply with all the requirements that are set out in it.

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

How to apply to the labor dispute committee?

In the event that a violation of the norms of the Labor Code by the employer is determined, a special commission is created at the enterprise to labor disputes. 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 over to both sides of the conflict. The boss and employee are given 10 days to appeal the decision. If no one complains, then the decision is executed within three days.

If the decision is not fulfilled, the employee is given an executive certificate, which must be taken to the bailiff for the employer to enforce this document.

In what cases should you go to court?

They go to court if the employee or employer does not agree with the decision made by the commission. Labor disputes can be considered in court without additional creation of a commission on 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 of the Labor Code.

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

The complexity of labor disputes lies in the fact that employees often prefer not to aggravate relations with their superiors, fearing to lose their jobs altogether, and therefore put up with violation by the employer of labor rights 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 with the employer, and it is almost impossible for the employee to obtain them, or they are properly executed “as needed”, and there is practically no evidence of a violation. However, using our legal assistance or the advice of this article, you can effectively resist violation of your labor rights by the employer.

What can be done before contacting the authorities?

1. In large organizations, as a rule, authoritative trade unions of workers still operate, which control the observance of labor rights by the employer in a particular enterprise and can respond to violations with their own instructions. In addition, there are branch trade unions in each region, with which employers prefer not to get involved. The mere fact of being contacted may prompt the employer to stop the violation and show that you intend to protect your rights.
2. Contact the commission on individual labor disputes in the organization (if such a commission has been formed). This option is suitable if the employer violates the labor rights of the employee in some minor moments, but fundamental for you. In more serious cases, if the employer violates your labor rights It is better to immediately contact the supervisory state authorities.

We apply for the protection of labor rights to state bodies

Please note that the law provides for a rather short period in which you can file an application or claim with the court, for example, in the case of illegal dismissal, this period is only one month. Therefore, in order not to miss the time, you can apply to state bodies both in turn and at the same time to all instances.

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 plus of filing a complaint with this body - you can indicate in the application for non-disclosure of the applicant's data during the audit. That is, if you intend to continue working at your previous job and do not want the employer to know who exactly complains about him, you indicate your data in the complaint and ask for an audit without indicating your data as an applicant. In this case, the employees of the Inspectorate will check the documentation and working conditions not only concerning you, but also other employees. Thus, the employer will not be able to establish who exactly wrote the complaint. Having identified violations, the Inspectorate will issue an order to the employer to eliminate them and control how this order will be executed. The only inconvenience: your complaint will be considered within a month, another month will be given to the employer to correct the identified shortcomings, so you should not expect a quick response. Another disadvantage is that the inspectorate mainly checks compliance with labor law according to documents, thus, if payments are incorrectly calculated, the checks will be effective, but if there is covert pressure on the employee, discrimination or verbal coercion to dismiss, the checks will be powerless.
2. The next most popular instance where workers go to protect their rights is the prosecutor's office. Very effective remedy for employees if the employer violates labor rights and confident in his impunity. According to your complaint, the prosecutor's office itself checks the documents, their compliance with the law and internal acts of the company itself, and interviews witnesses. Having identified a violation, it may issue a proposal for the elimination of violations in month, 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, the employee receives either a 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 bodies were powerless in restoring violated rights, or if restoration is possible only in court (for example, recovery of amounts, reinstatement at work, changing an entry in the work book). Please note that in order 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 bodies, and not after you receive answers from the Labor Inspectorate and the Prosecutor's Office. The claim is written in 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 the latter, in turn, will provide these documents. In the event that you require the collection of any amounts or recalculation, you will have to attach a detailed written calculation of the amounts.

Note: You need to be specific about your requirements. Also, get ready for the fact that an experienced lawyer will act against you on the part of the employer, so it makes sense for you to use legal assistance. With the help of our experts, you will receive competent defense their labor rights both in communication with the employer, the competent authorities, and in court hearings and at the stage of execution of the decision.

Labor legislation gave employees not only duties, but also rights. Observance of these rights largely depends on the behavior of the employer. If there are violations of labor laws by the employer, the employee must apply to the competent authorities to restore their rights.

What is a violation

The following can be recognized as a violation of the rights of an employee:

A responsibility

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

• abuse by the employer of official authority, for example, forcing an employee to perform work that is not characteristic of his position, or working overtime;
• material discrimination of an employee (groundless imposition of fines, work for probationary period without payment, etc.);
• dismissal without reason;
• untimely remuneration (learn about the rights of an employee in case of delayed payment of wages);
• failure to provide social guarantees (denial of vacation, sick leave, etc.).

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

What should an employee do in case of violation of his labor rights

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

The complaint to the employer must include:

• 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 for the elimination of violations;
• date and signature.

Violation of labor law: where to contact

If the issue cannot be resolved in the above way, the employee may seek protection in the following bodies.

Contacting the Labor Inspectorate

Citizens have several ways to file an appeal with the labor inspectorate:

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

1. Labor Inspectorate. Employees of the inspection have the right to come to the organization to verify the arguments set forth in the complaint of the employee. The competence of the labor inspectorate, in particular, includes issues of compliance with labor protection rules, personnel records management and other contentious issues between the employee and the employer, with the exception of the payment of wages.
2. Prosecutor's office. Prosecutors have much broader powers than 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 send his complaint for consideration to the labor inspectorate.
3. Police. It is permissible to contact the police if there are signs of a crime in the actions of the employer, for example, he fraudulently took possession salary employees, etc.
4. Court. A statement of claim may be filed with the court before applying to other bodies. In addition, there are situations, the resolution of which is in the exclusive competence of the court, for example, reinstatement at work. Employees who apply for the restoration of their violated labor rights are, as a rule, exempt from paying the state fee.

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

Complaint about violation of labor law by the employer

The law does not contain a strict form for drawing up such complaints, but certain information must be indicated in it:

• The name of the authority to which the complaint is directed;
• Information about the complainant: 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 supporting the applicant's words;
• Review Information controversial issue within the organization;
• If a complaint is filed with law enforcement agencies, it is desirable to indicate the signs of what offense or crime are there in the actions of the employer;
• Date of writing the appeal;
• Signature.

Documents are attached to the complaint, indicating the presence of violations of labor legislation.

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

Please note that anonymous complaints may not be considered. government bodies. If the employee does not want his name to appear when checking for violations of labor laws by the employer, he can state this request in his complaint. When checking by the labor inspectorate, as a rule, it is possible to maintain the anonymity of the employee, but if it is filed either with the police, it is unlikely that it will be possible to keep your appeal secret.

Ask your question and get free legal advice

ON THE. Macepuro, lawyer

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

It is possible that an employee comes to the accounting department or the personnel department with a letter of resignation, referring to the fact that the employer violates his labor rights (for example, does not pay his salary on time, does not issue pay slips, does not provide funds personal protection etc.). On this basis, the employee asks him to be fired on the day indicated by him without working off 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, terms of a collective agreement, agreement or employment contract) gives the employee the right to quit early Art. 80 of the Labor Code of the Russian Federation. But you need to take into account some nuances.

Violation must be established

The mere fact that the employer allows 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; sub. "b" paragraph 22 of the Resolution of the Plenum of the Supreme Court of March 17, 2004 No. 2:

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

WARNING THE EMPLOYEE

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

That is, it is necessary that, for example, the labor inspectorate issue an order to eliminate the violation against the employer, or the trade union issues a demand to the employer 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 labor contract) and this violation is established by the competent authorities (state supervision and control over compliance with labor legislation, trade union, commission on labor disputes, court), then the employee has the right to resign before the expiration of the 2-week notice period for dismissal, even if this violation does not directly affect his rights and freedoms. For example, if the violation of the employer was expressed simply in the failure to issue the necessary documentation: orders for personnel, a book of accounting for the movement of work books and inserts in them, an income and expense book for accounting for forms of a work book and an insert in it, etc.

It turns out that if an employer is convicted of one or more labor violations, then he can suddenly lose all his employees if they wish to quit.

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

Thus, in one case, the court declared the dismissal for absenteeism illegal, since it established during the proceedings that the employer unlawfully attracted 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 state the reason for the dismissal.

If the employee wants to quit precisely because of the violation committed by the employer, then he must write about this in the application and specify the violation. Courts often refer to this 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 term for exercising the right to dismiss is not limited

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

He must be fired on the day specified in his application. At the same time, it is enough to make a standard entry in the dismissal order and work book: “Dismissed for own will". Specify the reason - commission by the employer labor violation- no need. There is no such obligation in the law. Determination of the Perm Regional Court dated 05.03.2012 No. 33-1826-2012.

As you can see, the employee cannot quit immediately as soon as the employer has committed a violation (unless another violation has been previously established). After all, you first need to complain to the appropriate authorities and wait for the necessary paper from them. Moreover, the term 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 general order after working 2 weeks.