An unscheduled inspection by the labor inspectorate based on an employee’s complaint may come as a complete surprise to the employer, since it is carried out without warning. In the article we will tell you in what forms control is carried out, what GIT inspectors have the right and what they do not have the right to do.

Verification of an employee’s complaint: general provisions, types, deadlines

Both current and dismissed employees can complain to the State Tax Inspectorate. The inspectors will be informed about who exactly filed the complaint only if the employee has not expressed a desire to hide his identity (Part 2 of Article 357 of the Labor Code of the Russian Federation).

The powers of the labor inspectorate when checking an employee’s complaint do not imply the possibility of its termination due to the withdrawal of the complaint. Elimination of violations by the employer may be taken into account when imposing an administrative penalty.

Upon receipt of a complaint, the State Tax Inspectorate has the right to carry out unscheduled control measures against the employer in the form of a documentary or on-site inspection. The form of control depends on whether it is possible to objectively assess the employer’s actions only from documents or whether it is necessary to visit the enterprise (Clause 2, Part 3, Article 12 of the Law “On the Protection of Rights...” dated December 26, 2008 No. 294-FZ, hereinafter referred to as Law 294 -FZ).

IMPORTANT! Conducting an immediate on-site inspection is acceptable. But if the State Tax Inspectorate had the opportunity to assess the employer’s activities based on documents, there is a chance of successfully appealing the results of such an audit in court (see the decision of the Leninsky District Court of Perm dated November 2, 2011 in case No. 2-3664/2011).

To begin an inspection in any form, an order to conduct it is required. By virtue of Part 9 of Art. 360 of the Labor Code of the Russian Federation, the employer is not notified of an inspection based on an employee’s complaint.

Any unscheduled GIT inspection lasts no more than 20 working days. This period will not be extended. But the number of such inspections per year is not limited.

Powers of the labor inspectorate during documentary inspection

The procedure for carrying out this form of control is regulated by Art. 11 of Law 294-FZ. The employer is sent a request, which must be responded to within 10 working days from receipt. The request must be accompanied by a certified copy of the inspection order. But if it is not there, it will not be possible to appeal the control results on this basis, since Art. 20 of Law 294-FZ classifies only the absence of an order in principle as gross violations (see the decision of the Leninsky District Court of Perm dated May 28, 2012 in case No. 2-671/12).

GIT has no right to demand:

• notarized copies of documents;
• documents not related to the subject of inspection;
• documents that can be obtained through interdepartmental cooperation (see clause 51.1 of the Administrative Regulations, approved by order of the Ministry of Labor dated October 30, 2012 No. 354n).

After executing the request, there are 2 options:

1. Based on the results of the inspection, a report is drawn up; If violations are detected, the employer is issued an order and is held administratively liable.
2. The employer is invited to provide explanations and additional documents in connection with the identification of contradictions, inaccuracies, and errors in previously submitted documents.

In the second case, the State Tax Inspectorate can proceed to an on-site inspection if:

• the employer ignored the offer to provide clarification;
• the explanations provided did not eliminate the identified contradictions, errors and inaccuracies.

How does an on-site inspection by the labor inspectorate follow an employee complaint?

Art. is devoted to on-site inspections. 12 of Law 294-FZ. The entry of inspectors into the employer’s territory will be legal only if they have a certified copy of the order to conduct the inspection and their service IDs.

The head of the enterprise must be familiarized with the order against his signature. He has the right to rewrite the data of the presented documents or make copies of them. If desired, he should also be familiar with the administrative regulations for this type of supervision.

If the above documents are available, the inspector has the right (Part 1 of Article 357 of the Labor Code of the Russian Federation):

• be at the enterprise at any time of the day and for an unlimited amount of time within the overall inspection period;
• demand documents, explanations, and other information related to the subject of control;
• take samples of substances and materials processed or used at the enterprise;
• issue instructions on the spot to eliminate violations;
• investigate industrial accidents.

Inspectors have the right to talk with company employees (Article 12 of ILO Convention No. 81 of July 11, 1947 “On Labor Inspection...”).

IMPORTANT! If the on-site inspection was preceded by a documentary inspection, GIT inspectors do not have the right to demand documents provided as part of it (Part 10, Article 11 of Law 294-FZ).

Inspectors are required to comply with the law, including the restrictions established by Art. 15 of Law 294-FZ. Thus, they are prohibited from demanding payment for control activities, exceeding inspection deadlines, disclosing trade secrets, etc.

Documents of interest to the labor inspectorate

The composition of the requested GIT documents is as follows:

• labor and collective agreements;
• accounting documents for wages (pay slips, pay slips);
• personnel documents (personnel orders, vacation schedules, work books, staffing schedule);
• local regulations related to labor relations(about wages, about business trips, about labor protection);
• safety training logs, etc.

All documents are submitted to the State Tax Inspectorate in the form of simple copies, certified by the signature of the head of the enterprise or another person by proxy. In the case of a documentary check, it is also possible to send electronic documents using enhanced qualified electronic signature. Confiscation of original documents is not permitted.

The period for which documents may be requested is not limited. If the retention period for any documents has expired and they have been destroyed, the employer should provide appropriate explanations. Lawful destruction will not entail liability.

Some employers are ready to provide inspectors with access to all documents. It's not worth doing this. It is recommended to provide the requested documents, and only those that relate to the subject of the inspection.

Can an employee apply to the State Tax Inspectorate after the statute of limitations has expired?

The Labor Code of the Russian Federation is silent about the timing of an employee’s application to the labor inspectorate. In Art. 392 of the Code establishes only the deadlines for going to court, which, in essence, are the statute of limitations.

In this regard, a common situation is when an employee files a complaint with the State Tax Inspectorate after the expiration of the specified deadlines. The labor inspectorate conducts an inspection based on a complaint and, if a violation is detected, issues an order to the employer.

Although, in essence, the State Tax Inspectorate is a supervisory body, and not a permitting body labor disputes, in practice, such orders are successfully appealed in court. Thus, the courts explain that the purpose of the orders is to protect the violated rights of the employee. For their independent protection, statute of limitations periods have been established. Acting in the interests of the employee, the State Labor Inspectorate must also comply with these deadlines. The ability to contact the inspectorate for an indefinite period would allow employees to abuse their right to defense (see the ruling of the Moscow Regional Court dated October 18, 2011 No. 33-20834, the decision of the Petrozavodsk City Court of the Republic of Karelia dated December 10, 2010 in case No. 2-8130/11).

We also note that it is necessary to distinguish between the terms for bringing to administrative responsibility and the terms for issuing GIT orders. The inspectorate has the right to issue an order even after the statute of limitations for administrative offenses has expired, since its goal is not to bring to justice, but to stop the violation.

An employee’s complaint to the State Tax Inspectorate may entail both a request for documents and sudden appearance controllers on the threshold of the enterprise. But GIT inspectors are not only endowed with authority, but are also required to follow the procedure established by law. Employers are advised to carefully study the rights and obligations of the State Labor Inspectorate during inspections, as well as their own rights and obligations.

If an employer violates the rights of its employees, the latter have the right to write a complaint to the labor inspectorate at the place of registration of the employer.

Inspectors must respond to an employee’s complaint. They have 30 days to do this from the date they receive the complaint. In any case, they must notify the applicant of the decision by telephone or letter. As a rule, upon application, an inspection is scheduled with the employer. Not only the applicant, but also the employer himself is notified about this. Every employer should know what labor inspectors check following an employee’s complaint.

IN Federal law dated December 26, 2008 No. 294-FZ “On the protection of rights legal entities And individual entrepreneurs when exercising state control (supervision) and municipal control” it is said that the reason for conducting an unscheduled inspection from the labor inspectorate may be:

• Statement from an employee alleging a violation of his labor rights;
• An employee’s request for an extraordinary inspection of labor conditions and safety at his workplace;
• An employee’s complaint about an employer’s violation of standards labor legislation.

According to Art. 360 of the Labor Code of the Russian Federation, the employer must be notified of an unscheduled inspection no later than one day before its start. But there are cases when the verification can take place without notification:

• An employee’s complaint about a violation of his labor rights;
• An order from the head of the labor inspectorate to conduct an unscheduled inspection of a given employer, based on the Order of the President or the Government of our country.

The powers of the labor inspector are listed in clause 13 of the Regulation on supervision of compliance with labor legislation No. 875. That is, during the inspection he has the right:

• If you have a “labor inspector” certificate, come to the enterprise at any time of the day to conduct an inspection;
• Receive free documents from the employer regarding the verification issue;
• Remove samples for analysis;
• Investigate accidents;
• Submit a statement of claim to the court;
• Draw up protocols and consider cases of administrative offenses relating to labor legislation;
• Other powers.

Workers write a statement to the labor inspectorate regarding violation of specific labor rights. Therefore, when conducting an unscheduled inspection based on an application from an employee, inspectors will check specific documents that have direct relation to the application. It can be:

• Employment contracts with employees;
• Availability and correctness of registration work records;
• Books on accounting and movement of labor books;
• Personal cards of all employees, including the applicant;
• Staffing table;
• Availability and correctness of the vacation schedule;
• Availability and correctness of execution of notices about the beginning of the next annual leave;
• Employee time sheet;
• Payroll slips;
• Local acts. Each enterprise must have the following local regulations:
  • Internal labor regulations;
  • Regulations on remuneration and bonuses;
  • Regulations on the personal data of each employee. This is stated in Art. 87 Labor Code of the Russian Federation;
  • Labor safety instructions. This is stated in Art. 212 Labor Code of the Russian Federation.
• Documents on labor protection;
• Employer orders for the enterprise regarding personnel movements;
• Documents for wages.

These documents are checked by inspectors without fail. Depending on the topic of the complaint, they may request other documents.

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Today I decided to consider a topical issue for many - how and where to complain about an employer. After reading this article, you will find out what it is Labour Inspectorate, in what cases you can complain about an employer, how to correctly draw up a complaint, how to file it, and what results this can lead to, and also where else you can file a complaint if the labor inspectorate does not help you. Take note and save the link to the article just in case.

Current realities are such that conflicts between employees and employers are not uncommon, but rather a pattern. Moreover, very often employers to one degree or another (including very grossly) violate labor laws. Most often, their employees simply resign themselves to this, clinging with all their might to work as the only possible source of income (which is already wrong), and allow them to do whatever they want to themselves, ready to endure any inconvenience and hardship, just so as not to be fired. In my opinion, this is a completely wrong position.

Every employee should be at least a little familiar with the current labor legislation of his country, and know that he has not only responsibilities to the employer, but also rights. And he must be able to competently protect and defend his rights if they are not respected, especially if they are not respected rudely. In particular, he should know how and where to complain against an employer if he seriously violates his rights, and not be afraid to do so. Because employers will treat employees the way they themselves allow.

What is labor inspection?

Where to complain about an employer? To monitor compliance with workers’ rights, there is a special government agency– labor inspection (in different countries It may be called differently, but the essence is the same).

Labor inspection is state organization, designed to monitor compliance with labor laws, resolve labor disputes between employees and employers out of court, and has the power to impose sanctions on employers who violate the law.

For example, the labor inspectorate in Russia is officially called the Federal Service for Labor and Employment or Rostrud. In Ukraine, this is the State Labor Inspectorate of Ukraine.

The Labor Inspectorate is subordinate to the Ministry of Labor and social protection population. In addition to considering employee complaints, this structure also performs many other functions, but now we will only be interested in how to complain about an employer to the labor inspectorate.

When can you complain about your employer?

Let's start by considering situations in which you can file a complaint with the labor inspectorate. In short, these can be any violations of labor legislation, including violations of employee rights defined in the Labor Code. Here are the most common examples.

1. Unreasonable refusal to hire. Few people know, but the Labor Code clearly defines the reasons why a person may be denied a job. It often happens that they refuse without reason or on false grounds.
2. Violations in payment wages. For example, payment of wages in a smaller amount than provided for in the employment contract, delays in the payment of wages, unjustified deprivation of part of the salary that does not comply with the employment contract, etc.
3. Forcing to work overtime without pay and providing additional days off. In this case, it also makes sense to complain to the labor inspectorate, especially if it is systematic.
4. Failure to provide required leave. This is also a fairly common violation of labor laws, and the labor inspectorate can help solve this problem.
5. Prohibition of going on sick leave. Sound familiar? This is also a gross violation of labor laws, which will be applied to you as long as you allow it.
6. Forcing to perform work not provided for in the employment contract and job description. If you are often forced to do someone else's work in addition to your own, this is also a violation Labor Code, which can be appealed by filing a complaint with the labor inspectorate.
7. Violation of the dismissal procedure. If the employer is unreasonably forcing dismissal, threatening to fire “under the article” without good reason, or has already fired with any violations of the law (for example, without prior notice and without working the required time), it also makes sense to complain to the labor inspectorate.

How to file a complaint with the labor inspectorate?

Now let's look at how to complain about an employer to the labor inspectorate, and what is necessary for this. There are four ways to file a complaint:

Method 1. Submit a complaint to the labor inspectorate by mail. This is the longest, most expensive, but also the most effective method complain about the employer. Because official letter- this is a document that cannot be ignored: in any case, you will be required to provide the same official response to it.

Method 2. Submit a complaint to the labor inspectorate online. This is the simplest option, but not always effective, because your email request may simply be “lost”, left without consideration, and you will not necessarily receive an official response to it. You can file a complaint with the labor inspectorate online in Russia through the website onlineinspection.rf.

Method 3. File a complaint with the labor inspectorate via the hotline. About the same as the second method, only in this case the complaint will need to be stated orally, over the phone, it will be recorded from your words. Getting an answer here also cannot be guaranteed - it all depends on whether it is considered justified and requires consideration.

Method 4. Come to a personal appointment at the labor inspectorate. This is very a good option, in order to receive professional advice on an issue that interests you. They will immediately tell you how justified your complaint is from the point of view of labor legislation, and will tell you how to correctly draw up a complaint, after which you will put it in writing and register it locally, or send it by letter.

How to properly file a complaint against an employer?

Before complaining to the labor inspectorate, you still need to try to resolve the issue that interests you with the employer “peacefully” - through negotiations. Because filing a complaint is a serious matter and can entail serious consequences for the employer (I’ll tell you which ones a little later). So, if there is an opportunity to resolve the issue “amicably” - use it, and only when this does not work - proceed to filing a complaint.

Step #1. Compose the text of the complaint. There are no strict forms for filing a complaint with the labor inspectorate. The complaint must be made in business style in free form, and must necessarily contain:

• To: name and full name of the head of the territorial labor inspectorate;
• From whom: full name and passport details of the applicant, registration address and address for receiving a response;
• The name and legal address of the employer to whom the complaint is being filed, your position at this enterprise, the full name of the manager, the full name and position of the person about whom you are complaining;
• The essence of the complaint: what exactly the employer is violating, preferably with references to articles of the Labor Code and/or paragraphs employment contract;
• Requests or suggestions: what exactly do you ask or propose to do to the labor inspectorate (for example, conduct an inspection at the enterprise, hold the manager accountable, advise you, etc.)

If you file a complaint online, the site will have all required fields for filling.

People often ask: is it possible to send a complaint to the labor inspectorate anonymously? No, you cannot, such a complaint will not be considered.

Step #2. Support the complaint with documents if necessary. The complaint will have much more weight if it is supported by documentary evidence. For example, if you refer to your employment contract, attach a copy of it. If you are complaining that you are not being paid (or are not being paid as much as you should), please attach a statement from your bank account. Etc.

Step #3. Submit your complaint and wait for review. If you send a complaint by mail, it is advisable to do this with a return receipt - this way you will know for sure that the letter has been delivered to the addressee and count down the response time. Consideration of a complaint can take from several days to a month, and in rare cases, up to two months (if, for example, an inspector is required to travel to another region). Everything depends on the nature of the complaint and the method of filing it. Each complaint is submitted to a specific inspector, who studies it, makes a decision, agrees with management and gives a response.

Step #4. Get a response to your complaint. Once your complaint has been reviewed, you will receive a response. If it requires an inspection at the enterprise, the response will most likely indicate that an inspection has been ordered, and you will be notified additionally based on its results.

Please note that if it suddenly turns out that during the consideration of the complaint your issue has already been resolved, then you have the right to withdraw your complaint. True, if it indicates serious violations, an inspection at the enterprise may still be ordered, they just will not notify you about the consideration of the issue.

What answer will the labor inspectorate give?

Now let's look at what results and actions your complaint against your employer to the labor inspectorate can lead to. There may be several options.

1. Appointment of an on-site inspection at the enterprise in order to identify violations.
2. An order to eliminate violations to the head of the enterprise and a set deadline for its implementation. As a rule, this is 1 month. Within this period, he is obliged to eliminate the violations and report this to the labor inspectorate. Otherwise, more serious measures will be taken against him.
3. Bringing the manager to administrative liability - a fine for violating labor laws. This fine can be quite substantial (depending on the type of violation).
4. Removal of a manager (or guilty official) from office on a temporary or permanent basis.
5. IN in some cases– temporary cessation of the enterprise’s activities until the violations are eliminated.
6. In some cases, bringing the manager to criminal liability.

When can a complaint to the labor inspectorate be rejected?

Let's look at the most common reasons why a complaint to the labor inspectorate may be rejected:

1. You have not provided all your personal information.
2. You have entered your employer information incorrectly or incompletely.
3. Subjective point of view (your complaint is written emotionally, but does not contain compelling arguments, is not supported by documents, and does not indicate what exactly the employer is violating).
4. Illiteracy. If the complaint contains a large number of errors, is composed incoherently, illiterately, contains profanity, it will also be left without consideration.
5. The complaint did not reach the recipient (for example, there was some kind of system failure when sending online, the letter did not arrive, it was simply lost due to human error, etc.). In this case, it makes sense to send a repeated complaint, indicating that it is repeated.

What to do if the complaint was rejected or you are not satisfied with the outcome of the review?

If the labor inspectorate rejected the complaint or gave an answer that does not suit you, but you are sure that the employer is violating the norms of the Labor Code, there are several options for further action:

1. Appeal the response of the inspector who reviewed your complaint with his immediate supervisor.
2. Contact professional lawyers in the field of labor law who will help you draw up a complaint more professionally and will accompany its consideration.
3. Complain about the labor inspectorate to a higher organization. For example, you filed a complaint with the regional labor inspectorate, it was unreasonably rejected - you complain to the central or higher organization - the Ministry of Labor and Social Protection.
4. Complain about an employer tax authorities, if we are talking about tax evasion (black or gray salary).
5. File a claim against the employer in court.

Now you know how and where to complain about an employer, how the labor inspectorate works, what nuances of filing complaints and appeals need to be taken into account. I hope this information was helpful to you.

Do not be afraid to defend and defend your rights if they are actually violated. Employers will always treat you the way you allow. See you again at !

Last updated March 2018

Violation of Labor Code norms and discrimination in the field of labor law are now, unfortunately, not uncommon for anyone: according to data social research, every fifth Russian has experienced infringement of labor rights to one degree or another. At the same time, the legislation provides that a citizen has the right to report non-compliance with Labor Code in the workplace to the State Labor Inspectorate (SIT). In what cases can you report violations, how to correctly draw up and submit a complaint, what liability is provided for the employer - this is discussed in our article.

Who and in what cases can file a claim with the labor inspectorate?

In the current economic situation, it is difficult to find a person who has not at least once encountered or experienced labor discrimination. The question arises: what can an ordinary employee do in a situation where the employer violates his labor rights? According to the law, in this situation, every citizen has the right to report violations to the State Tax Inspectorate by filing a complaint. You can contact the Inspectorate if you have witnessed abuse by an employer, or if you personally experience discrimination.

Let's look at examples of illegal actions of the employer, having recorded which, you can contact the State Tax Inspectorate:

1. By hiring you, the employer violated the registration procedure.
   • if the employment contract does not contain information about the amount of salary, incentive payments and the conditions for receiving them, then you can safely contact the State Labor Inspectorate, as this is a violation of the Labor Code;
   • If you are a pregnant woman, then the employer does not have the right to place you on a probationary period;
   • When you were hired, you were not familiarized with the internal rules and regulations, after which penalties were applied to you for violating them.
2. In the course of your work activity, various types of discrimination were applied to you:
   • A gross, but quite common violation is the refusal to grant an employee annual leave;
   • Wages are paid untimely and not in full, there are payment arrears;
   • You were not paid compensation provided for by the Labor Code (sick leave, vacation pay, etc.). Instead of sick leave, your manager forces you to take vacation “at your own expense”;
   • You are forced to work overtime, on weekends and holidays, translated to workplace, the conditions of which do not comply with the Labor Code standards.
3. Violations were committed during dismissal:
   • You were not notified of the dismissal/downsizing in a timely manner and in accordance with the established procedure;
   • upon termination of your employment contract, all payments due were not transferred to you (for example, compensation for unused vacation);
   • compensation was paid later than the day of dismissal;
   • on your last working day you were not issued a work book.

If you yourself or your colleague are faced with one of the situations described above, then you have every reason to file a claim with the State Tax Inspectorate.

As you can see, you can report violations not only during the period of work, but also after dismissal, if the termination of the employment contract was carried out in violation of the established procedure. If you were illegally denied a job ( for example, your employer forced you to undergo “ probationary period» without payment or registration), then you also have the right to report this to the Inspectorate.

How to file a complaint

The law does not establish the form according to which a claim must be made to the State Tax Inspectorate. You can file a complaint against your employer with the labor inspectorate by writing a free-form letter. At the same time, do not forget about the required details. In order to write a complaint correctly, you need to indicate basic information in the text:

• information about you as an applicant (full name, postal/email address for receiving a response);
• information about the employer (name of organization, address);
• essence of the claim;
• Your signature and date.

As for the description of the offense, when drawing up a statement you should adhere to the rules business correspondence. The information must be reliable and verified, reflect the objective state of affairs, and not your attitude towards a specific person (boss, colleague). At the same time, the essence of the claim must be presented briefly and accurately, and unnecessary, unimportant details should be avoided. It is better if the statement is drawn up in the form of facts that you describe sequentially in chronological order.

Sample complaint

You can write a complaint to the labor inspectorate according to the sample below:

State Labor Inspectorate
Perm, st. Lenina, 23
from Kurochkin Valery Dmitrievich
Perm, st. Stroiteley, 28, apt. 47
contact phone: 147-15-84

On February 24, 2014, I was hired by JSC Monolit (Perm, Metallurgov St., 17) for the position of senior storekeeper, where I still work today. The employment contract stipulates that I work on a 40-hour work week with days off on Saturday and Sunday.

In March 2016, warehouse manager S.L. Petukhov. informed me orally about the change in schedule and the need to work on a day off (Saturday). These changes were not made to the employment agreement, and I was not paid any additional pay for working on weekends. When talking with Petukhov, I received an answer that the schedule will be officially changed from April 2016, the salary will be increased in proportion to the time worked.

After 3 months (June 2016), an agreement with a new schedule and salary was not provided to me, and therefore I turned to the head of Monolit JSC L.D. Skvortsov, having previously made an appointment. During a personal conversation on July 24, 2016, Skvortsov informed me that a 6-day work week has been introduced for me on a permanent basis, but there will be no changes to the schedule and salary. If I have any objections, I can write a letter of resignation.

In connection with the above

1. to inspect this fact and bring those responsible to justice;
2. ensure changes are made to the work schedule and salary;
3. oblige JSC Monolit to pay me compensation for work on weekends in the period from 01/01/2016 to 08/01/2016.

Filing a claim

After the claim has been drawn up, you can contact the labor inspectorate in a way convenient for you:

Option 1. You can personally visit the State Tax Inspectorate and submit your claim to the responsible specialist. To do this, you must first draw up an application in 2 copies, on one of which the Inspectorate employee must sign and date of receipt. You can attach additional documents to your claim that confirm your position (copy of the employment contract, statements, reports, etc.).

Option 2. If for one reason or another you do not want (or do not have the opportunity) to go to the GIT in person, you can use postal services. To do this, you need to send a letter with a notification and a list of attachments (if there are other documents besides the claim). Having received the envelope from you, the Inspectorate employee will check the availability of documents with the inventory and confirm receipt. You will still have a notification stub, which will indicate the date of acceptance of the document and the signature of the responsible person of the State Tax Inspectorate.

Option 3. The electronic option for submitting claims is becoming increasingly popular. How to write a complaint to the labor inspectorate online? This is very easy to do: you need to go to the official website of the labor inspectorate in your region and fill out electronic form. By filling out an application online, you can:

• select the reason for contacting from popular list(non-payment of wages, violation of work schedule, discrimination during dismissal/hiring, etc.);
• quickly fill out a questionnaire about yourself and information about your employer thanks to a convenient format;
• inform the State Tax Inspectorate about the necessary, in your opinion, actions that should be taken against the employer (inspection, bringing the perpetrators to justice, administrative penalties, etc.).

Also in the application form you can indicate the method in which it would be convenient for you to receive a response (in the form of an email or postal letter).

The inspection has 30 days to process your application and notify you of the results, it does not matter how the claim was sent. If your claim does not fall within the competence of the Inspectorate, it will be transferred to the competent authority for consideration. This will be done within 7 days after registration, and you will receive a notification that the application has been redirected.

It should be remembered that the Inspectorate has the right not to consider your application if it contains direct threats or insults.

Anonymity

Many people are interested in the question: is it possible to file a complaint with the State Tax Inspectorate anonymously, without indicating the applicant’s personal data? According to the law, the Inspectorate has the right not to consider anonymous complaints. At the same time, when reporting violations by your employer to the State Tax Inspectorate, you can demand that your complaint be kept confidential. To do this, it is necessary to supplement the text of the statement with the appropriate phrase ( for example, “When conducting an inspection, I ask you not to disclose information about me as an applicant to the employer.”) or put a confidentiality mark on the electronic application form.

Collective complaint

You can report violations by your employer by filing a collective complaint. As a rule, such appeals concern labor discrimination in relation to the team as a whole (department, workshop, division, etc.). At the same time, the law does not prohibit collective reporting of violations against one employee. When drawing up an appeal, you must indicate the full name of the representative on whose behalf the claim is being submitted.

Checking the fact of the complaint

If the appeal to the Inspectorate is drawn up correctly and contains substantiated information about violations on the part of the employer, then after the expiration of the 30-day period you will receive a notification that an inspection has been scheduled regarding the complaint.

When conducting an inspection, the inspector has the right to inspect working conditions, interview employees of the enterprise, and request for analysis Required documents (for example, payroll records, if we are talking about delays or non-payment of wages to employees). Upon completion of the inspection, the inspector draws up a report in which he records facts of violation of the Labor Code in relation to the employee or the workforce as a whole. Based on established offenses, the following measures may be applied to the employer:

• an order was issued, which indicates the need to eliminate certain violations within a specified period of time ( for example, pay Petrenko S.L. compensation for unused vacation until 08/01/2016);
• imposition of an administrative fine. The amount of the fine is set individually in accordance with the offense.

If serious offenses are detected, the results of the inspection may be submitted to the court or prosecutor's office to initiate criminal proceedings against the employer. IN in this case We are talking about gross violations of labor legislation:

• violation of safety rules by the responsible person, which resulted in harm to the life and health of employees of the organization;
• dismissal of a pregnant woman or mother with a child under 3 years of age;
• systematic non-payment of wages (more than 3 months).

Various types of penalties, including fines and criminal liability, can be applied both to the top officials of the organization and to those directly responsible. For example, if an employee stated that he is forced to work in conditions that do not meet safety standards, then not only the manager, but also the labor protection specialist is found guilty in this case.

You will be informed about the results of the inspection and the measures taken against the employer by receiving a corresponding notification. The text of the notice will also contain information regarding your further actions (if this is a case of illegal dismissal, the notice will describe the procedure necessary for reinstatement at work). If the results of the inspection do not satisfy you or you believe that your rights have been violated by the actions or inactions of the GIT inspector, you have the right to defend your interests in court. To do this, you need to draw up a statement of claim, to which you must attach a notice from the State Tax Inspectorate. You can also complain about the inspector directly by sending an appeal to the head of the territorial office of the Inspectorate.

Question answer

Question:
Employee of Element JSC Stepanova S.D. – mother of 2 year old child. In March 2016, Stepanova was fired due to the liquidation of Element JSC. Can Stepanova appeal to the State Labor Inspectorate with a claim for violation of labor rights?

No, in this case the actions of the Element management are legal. Since the company is being liquidated, it has the right to dismiss all employees, including pregnant women and mothers whose children are under 3 years old.

Question:
Employee of Status JSC Fedorov N.G. appealed to the State Tax Inspectorate due to non-payment of wages for the last six months. Can Fedorov, without waiting for a response from the Inspectorate, file a lawsuit?

Yes, filing a claim with the State Tax Inspectorate does not deprive Fedorov of the opportunity to protect his rights in another way. However, it is advisable to file a lawsuit after receiving a response to the complaint to the labor inspectorate. On the one hand, the notification and inspection report will be a valid basis for opening legal proceedings. On the other hand, penalties may satisfy Fedorov’s requirements, and subsequent recourse to court will not be required.

Question:
An employee of StroyTekhMontazh LLC wrote a complaint to the State Tax Inspectorate on July 18, 2016. After 30 days, the employee did not receive a response from the Inspectorate. Are the Inspectorate's actions legal in this case?

In some cases, the State Tax Inspectorate has the right to additional time to process the application (plus 30 days). But at the same time, the applicant must be notified that the period for processing the claim is extended. In addition, anonymous requests, as well as statements with direct threats and insults, may be left unanswered.

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