Where to go in case of violation of labor laws. Contact the labor inspectorate. Timesheets are not kept

Any report to the authorities is aimed at ensuring that appropriate measures are taken to eliminate the offense. The choice of where to complain about your employer if your rights are violated is always yours, fortunately this list is quite wide. You just need to understand that there is a clear distinction between rights and powers.

Contacting the press and other media can lead to widespread coverage of events and public outcry, as can a trip to various human rights NGOs. However, the following actions are completely beyond the competence of such organizations:

initiation and verification of the activities of an enterprise suspected of an offense (involves interference in the labor process, seizure of documents, etc.);
imposing punishment on a legal entity in accordance with current legislation;
ordering the payment of compensation to citizens who apply, whose rights are found to be violated.

Only state authorities have the right to conduct such events. The following structures are authorized to receive such complaints and work on them:

The Labor Dispute Commission is a body created at the enterprise itself, consisting of employees (their delegates) and representatives of the company’s management. This body meets when informal, oral disputes with management have not led to a resolution of the dispute;
State Labor Inspectorate. He is the most famous and widely used arbitrator in such disputes. In fact, it is a regional, territorial body of the Federal Service for Labor and Employment in each subject;
Prosecutor's Office of the Russian Federation. The appeal received from the prosecutor's office, depending on the nature of the specified offense, can be forwarded to the Labor Inspectorate, or serve as a reason to initiate a prosecutor's audit, with the involvement (depending on the circumstances) of the Tax, Migration or other services;
judicial authorities can be used by citizens to assert their rights in disputes with their employers;
you can also write a statement to the police, although it will most likely be forwarded to the relevant authorities;
The tax office is the place where to complain if the employer does not pay wages at all, or it follows a “gray” scheme. On a number of issues, the tax service will not be able to help;
trade union organization on large enterprise can provide serious assistance in confrontation with management. If you do not have such an organization, you can contact the city/regional trade union of your profession.

Attention! Different services work differently from each other. When contacting the Prosecutor's Office or the Labor Inspectorate, you will only need to wait for the completion of the inspection, which the services must initiate no later than 30 days from the date of filing the application. At this time, specialists will find violations. In court, your claim will not be accepted without existing evidence of an offense.

It is worth saying that when you contact lawyers who specialize in such cases, in the vast majority of cases they will go with you to the prosecutor’s office and help you competently draw up a statement. The court will also definitely involve prosecutors if it requires additional information on the case.

Trade unions, as well as press organs, non-profit human rights organizations, etc., largely perform an intermediary function in this matter, helping you with legal advice and assistance in drawing up a formal appeal.

How to properly file a complaint against an employer

A generally accepted and mandatory standard, state form, does not exist. Although, of course, like any document, the appeal must meet a number of obvious requirements, clearly (no possibility of double interpretation) state the state of affairs, describe the problem and refer to the legal grounds (what law was violated).

In general, you should strive to ensure that your appeal contains the following information:

standard “from whom and to whom,” that is, a header in the upper right corner, with the name of the government agency, as well as information about you (residence address and contact phone number);
indicate: what position and on what basis (employment contract number) you hold, as well as information about the company’s management;
in the text of the complaint it is necessary to describe the fact of a violation at the enterprise, as well as (especially important for filing a claim in court) the fact of a failed attempt at pre-trial settlement;
when indicating facts of violation (they delay the issuance of a work permit upon dismissal, do not allow you to go on vacation, etc.), you must refer to the provisions of the law, which in this case ignored by the employer;
It is also permissible to refer to the internal regulations of an enterprise if they are drawn up in accordance with the law, but are violated;
Depending on availability, documents are provided: management’s response to your internal request, income certificate, the actual employment contract, book, leave order, etc.;
You can refer to witness testimony “... the above can be confirmed by colleagues, team members, foreman, etc.” Of course, it’s good to agree on these issues from the beginning.

With a well-drafted appeal, where the existing violation is clearly indicated, the Labor Inspectorate or the Prosecutor's Office will necessarily initiate an inspection in order to confirm the information, as well as find a way to restore the violated rights.

The accessibility of such requests is also important. From a formal point of view, if an employer violates the labor code, where to complain is up to you. It doesn’t matter whether you came in person or filed a complaint in another way - the authorities must respond. Today this can be done in the following ways:

by personally contacting the Prosecutor's Office, the Labor Safety Inspectorate or another authorized body;
Using the Rostrud website, you can submit an anonymous complaint against your employer. The inspection also responds within 30 days from the date of application;
contact a lawyer representing your interests. Of course, this costs money, but most of these cases include the prospect of receiving compensation from the company, often in the form of an attorney's fee.

Citizens are most often interested in the ability to file a complaint anonymously, which is only permissible when filing online. This is a fundamentally wrong approach, which is a continuation of the fear of conversion itself. Only the illegal employer benefits from this. A sample and example application can be found on the Internet.

Common reasons for filing a complaint

In this matter, one must be guided, first of all, by the Labor Code, as well as other fundamental documents that are devoted to the rights of citizens (the Civil Code of Russia, the Constitution, etc.). A violation occurring at the place of work must fall within a certain framework that will allow it to be recognized as such.

There is no point in complaining about some small, everyday things that simply do not suit you, if the state of affairs does not go beyond the established norms. More serious “excesses” (for example, forced labor, involvement in illegal activities, etc.), on the contrary, already fall under the scope of the Criminal Code and relate to labor law only indirectly.

IN real life excesses that go beyond the bounds are a rarity. All encountered violations are typical and well known to everyone. The most common reasons for complaints against an employer are:

Actual employment relationship, without a concluded contract. This violates Article 67 of the Labor Code of the Russian Federation (mandatory presence of an agreement in two copies, signed by the parties). The document must appear no later than 3 days from the start of work. If it is not there, then you need to file a complaint against the employer.
Refusal to provide legal leave (Article 19 of the Labor Code of the Russian Federation guarantees working citizens the right to leave, additional leave, unpaid time off, as well as the possibility of replacing them with monetary compensation).
Overtime work beyond the eight-hour workday. Unpaid or underpaid. Any such processing, except for the cases described in Art. 99 of the Labor Code of the Russian Federation, can be carried out only with the consent of the employee and when drawing up a separate agreement.
Systematic non-payment/delay of wages. With a delay of up to 15 calendar days, the employee will be paid statutory(Article 236 of the Labor Code of the Russian Federation) compensation. If the money has not been received even after, then you do not have to go to work, having notified your superiors in advance.
Delays in the payment of vacation pay, business trips and sick leave, as well as deliberate underestimation of the amount of these payments.
“Double cash” when paying workers. Employers pay two salaries (one officially, and the other according to internal accounting) in order to avoid paying taxes. This directly violates the employee’s rights and is grounds for a complaint.
A whole range of violations encountered during dismissal (Chapter 13 of the Labor Code of the Russian Federation). This is usually due to confusion in dates, non-payment due compensation, delay in documents (primarily work book), etc.
Refusal to provide sick leave, as well as violations of the rights of pregnant women.
Other actions that violate the Labor Code and other laws, such as layoffs of single mothers, forced dismissal “on their own initiative,” involvement in the performance of duties not provided for in the contract, etc.

Violations in the field of labor relations are an extremely broad topic where everyone isolated case deserves separate consideration, and the above list does not reflect all the existing problems. However, there are general tips that will help you achieve your rights.

They can be reduced to the following:

study the basic provisions of labor legislation;
do not enter into initially corrupt relationships with the employer. The applicant learns about the same “black salary” during the interview, and this is a good reason not to get a job in such an organization;
carefully study all documents signed at work. The company knows the Labor Code much better than you and will always find loopholes in the law. Thus, in many enterprises, employees work 12 hours all week, on a voluntary and legal basis, receiving “overtime” for this (in fact, the overpayment is minimal), having signed an appropriate agreement;
a collective appeal is always more effective than an individual complaint;
ignore any “warnings” or direct threats from your superiors regarding your desire to go to the Labor Inspectorate. Such cases must be reported to the police.

If a complaint is received at any of government agencies(court, prosecutor's office, tax office, labor inspectorate, etc.), then nothing depends on you and the employer will have to deal with the authorized bodies.

Consequences for the applicant and the company

Any inspection is followed by a natural court verdict, or an order from the inspector to eliminate the offense and, if necessary, compensate for the employee’s losses. The main types of influence on the employer by the authorities can be identified:

administrative liability, primarily presented in the form of fines to the enterprise itself and responsible employees (director, accountant, employees personnel services etc.) and professional disqualification of specialists. Articles of the Code of Administrative Offenses 5.27 – 5.35 and a number of other laws are devoted to this;
financial responsibility of the employer, aimed primarily at payments to the employee, and not just to the state budget. A common case is payment of a penalty to an employee for delayed wages (Article 236 of the Labor Code of the Russian Federation);
Criminal liability is provided for gross violations that call into question the safety of life and health of citizens. For example Art. 143 of the Criminal Code of the Russian Federation for violating safety regulations that led to serious consequences.

A common violation is the absence of an employment contract, punishable under Art. 5.27 Code of Administrative Offences. provided for in the form of a fine of up to 20 thousand rubles, or disqualification of the manager for up to 3 years. This is a typical administrative punishment, while the dismissal of a pregnant woman or one with small children (under 3 years old) is already a criminal offense. The employer will be responsible in accordance with Art. 145 of the Criminal Code of the Russian Federation.

It should be noted that for last years Many steps have been taken to improve and streamline labor relations in the country. The general trend is to bring the economy “out of the shadows.” For example, Federal Law No. 272, in force since July 3, 2016, doubled the coefficient with which compensation for delayed wages is paid (from 1/300 to 1/150 of the Central Bank refinancing rate) and clarified the definition of the payment base.

It is worth noting that this law introduced Art. 5.27 Code of Administrative Offenses interesting situation, according to which such payments may be increased in accordance with a separate agreement between the parties. As a rule, we are talking about a certain amount of “salary” and an amicable conclusion to the dispute.

The amount of penalties for the employer is increasing in parallel with the simplification of the application procedure for citizens. Regular business inspections are carried out more frequently. All this suggests that there is now a fully functioning complex for the protection of workers' rights. You just need to decide where to complain about the employer and be proactive in this matter.

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 discontent, but because of serious violations of the employee’s rights by the employer. The employee asks: “ What to do if an employer violates my labor rights?. The answer is simple - be sure to protect 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 by the employer 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 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?

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 the complaint may prompt the employer to stop the violation and show that you intend to protect your rights.
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.

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.
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.
As a rule, employees go to court if all previous authorities were powerless to restore violated rights, or if restoration is possible only through the courts (for example, collection of amounts, reinstatement at work, changing a record in 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.

The rights of employees may be violated by the employer on purpose or due to illiteracy. In this case, both the requirements are violated.

In Russia, the rights of workers are protected by judges, prosecutors and GIT inspectors.

According to the norm of Article 20 Labor Code Not only organizations can hire people to do work ( legal entities), but also:

entrepreneurs (including farmers, lawyers, notaries);
ordinary people(individuals).

All employers are required to comply with the requirements of the Labor Code and comply with all its requirements, For example:

pay wages twice a month (advance and settlement);
provide vacations according to;
pay contributions to the Pension Fund, Social Insurance Fund, and health insurance.

In practice, in most cases, individuals do not formalize employment relationships in any way, although in fact they have arisen. For example, a person hired another as a domestic helper ( Homework, in the poultry house, in the garden). Regular payment is assigned for work: per month, per week or per day.

The absence of a signed employment contract is a gross violation on the part of individual.

Yes, and sometimes organizations employ people who are not formalized in any way. Along with the lack of an agreement, there are other violations.

Types of violations

There are several of the most common types of violations of conditions.

Lack of TD or failure to provide a copy to the employee

A maximum of 3 days from the moment the employee began performing his duties, an employment contract must be concluded with him. In this case, a copy must be given to the employee against signature. The absence of an agreement is a violation of the requirements of Article 67 of the Labor Code.

Mandatory inclusions are not specified

Contrary to the requirements of Article 57 of the Labor Code, they are not included in the contract prerequisites, For example:

the place of work is not indicated;
a profession or position that involves , is not indicated in accordance with the list of Resolution 787 (for example, instead of “electric and gas welder”, “welder” is indicated);
the day of going back to work is not specified (it is from the first working day that the countdown at this place of work is started);
the specific amount of money paid monthly is not indicated (a reference is made to or to the provisions on remuneration, which is unacceptable);
the work schedule is not specified (or there is no reference to the rules of the schedule in which the general schedule is fixed).

The contract specifies a deadline, although the nature of the work cannot be urgent. Some employers sign contracts with employees and re-sign them each time. Usually the minimum period specified is two months.

However, fixed-term contracts should be concluded only on the grounds provided for in Article 59 of the Labor Code, for example:

seasonal work;
employee ;
The organization's staff is less than 35 units.

A civil contract was signed

If there is an employment relationship, it is prohibited to enter into contracts (Article 15 of the Labor Code). By signing an agreement of this type, employers relieve themselves of responsibility for providing the guarantees prescribed in the Labor Code. That is, the employee loses vacation, sick pay, part of pension savings, etc.

Salary payment deadlines are missed

Article 136 of the Labor Code stipulates that the contract must stipulate:

place of payment of salaries (and method: cash through the cash register or transfer to a card);
specific day of payment of advance payment and settlement.

Some employers refer only to the specified article (“salaries are paid twice a month under Article 136 of the Labor Code”), without indicating specific numbers.

Illegally installed probation. According to the norm of Article 70 of the Labor Code, you cannot test:

pregnant women;
mothers of children under one and a half years old;
students or graduates of vocational schools who are employed for the first time (if less than a year has passed since the date of graduation);
translated by ;
conscripts (if the contract term is less than 2 months).

An employee does someone else's work

Sometimes employers get employees to do work that is not specified in the contract or job description, violating the rules of Article 60 of the Labor Code. For example, a janitor is forced to work loading. In this case, the employee may refuse to work, and his refusal may not result in disciplinary liability.

Timesheets are not kept

According to Article 91 of the Labor Code work time every employee must be taken into account. Accounting is recorded in the working time sheet. If there is no actual accounting, the employee runs the risk of receiving a salary that is less than that specified in the contract, since the work is paid according to the fact (as much as he worked, that’s what he received).

At the same time, the report card reflects either going out on a holiday or a non-working day. And in such cases, the payment for processing should be double.

The agreement provides for penalties

Often, either in a contract or in a local act, the right of the employer of employees for violation of discipline is prescribed (smoking on site, being late, talking on the phone, etc.). This is a direct violation of Article 137 of the Labor Code! The article lists all cases of deductions from wages:

reimbursement of unearned advance;
return of erroneously accrued money;
refund of paid vacation pay upon dismissal before the end of the working year (if the vacation is taken off completely).

Can also be held:

money under writs of execution;
material damage.

Salary below minimum wage

Since July 2016, the minimum wage in the country as a whole cannot be less than 7,500 rubles. There are regional laws establishing the minimum wage in the region. For example, in the Nizhny Novgorod region the minimum wage is set at 7,800 rubles according to Resolution No. 850/339/A-636.

Sometimes a condition is written in the contract with the wording: “salary is not lower than the minimum wage.” This wording violates the norm of Article 57 of the Labor Code regarding the indication of salary amounts (salary, bonuses and allowances) in the contract, because the employee must know what he is working for.

In this case, the minimum salary may be indicated, and according to the oral agreement, an additional amount is paid according to the statement.

In this situation, the employee will not only not be able to challenge the amount of salary if he receives what is actually specified in the contract, but will also lose on sick leave payments and subsequent pensions.

Responsibility for violations

An employer may be held liable for violating the terms of the contract or the law:

administrative (under articles of the Code of Administrative Offenses 5.27, 5.27.1 a fine of up to 200 thousand rubles);
criminal (under articles of the Criminal Code 143, 145, 145.1 fines up to half a million rubles, arrest and imprisonment);
civil (by a court decision, the employer must compensate the material and, take certain actions: cancel the transfer).

Where to look for the truth?

If an employee’s rights are violated, he has the right to appeal:

to the dispute commission (created in the organization from among representatives of the administration and staff);
to the labor inspectorate (the State Labor Inspectorate is usually located on the territory of the local administration);
to the prosecutor's office;
to court.

Upon complaint, the Labor Commission and the State Labor Inspectorate send orders that can be appealed by employers in court. The orders have a deadline and requirements (pay money, reinstate, etc.). However, no compensation for moral damage is provided.

Based on a complaint, the prosecutor’s office can conduct an unscheduled documentary or on-site inspection and also issue an order to restore violated rights. In this case, the company or its manager may be brought to administrative or criminal liability.

The judge must consider the claim within a month (the state fee is not paid) and make a decision on satisfying the requirements stated in the employee’s claim. In this case, you can recover both moral damages and legal costs if a lawyer was involved in the case.

You can complain to any body of your choice, but the most effective is the court.

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:

Federal Labor Inspectorate;
trade union organization;
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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Protecting the rights of workers in the event of their violation by the employer is the task of the state. You can file a complaint with several authorities at once: the State Labor Inspectorate, the prosecutor's office or the court. Let's look at where to complain about an employer and how to do it as effectively as possible.

The rights and obligations of all participants in labor relations are fixed in Art. 21 and 22 of the Labor Code of the Russian Federation. For an employee who violates them, disciplinary liability is provided, the right to apply which is vested in the employer. In case of violations by the employer, only the state can bring him to administrative or criminal liability.

The following actions of the employer are the basis for applying to government authorities:

assigning an employee duties not provided for employment contract And job description without his consent expressed in writing;
the volume of assigned work exceeds the terms of the employment contract;
delay of salary, its discrepancy with the amount in the contract;
creation of working conditions that do not meet safety requirements;
establishment of work duration in excess of the permissible limit, absence of conditions on irregular working hours or accounting for overtime work and additional payment for it;
failure to provide vacation or days off;
lack of social insurance and required payments, “gray” salaries;
illegal transfer, reprimand, dismissal;
other violations of the Labor Code.

All of the above cases relate to existing employment relationships. However, there are situations when a person who is not affiliated with it has the right to file a complaint against the employing company. labor relations citizen. If, when applying for employment, you received wrongful refusal, not based on business qualities applicant or non-compliance with qualification requirements, that is, a reason to complain about manifestations of discrimination expressly prohibited by law.

Where to complain about violation of your rights

An employee has several addresses where to complain about an employer if his rights are violated. For this purpose, a primary trade union organization and a labor dispute commission are created directly in the company itself. The trade union committee is engaged in protecting the interests of all employees, and the CCC considers individual appeals from employees challenging certain actions of the employer.

However, these bodies may not exist in a particular organization, or contacting them may not bring the desired result. In addition, dismissed employees, for a completely objective reason, do not have the opportunity to contact the trade union committee or the CTS. In this case, employees have a choice of where to complain about their employer:

Labor Inspectorate under Rostrud;
law enforcement agencies represented by the prosecutor's office;

Filing a complaint with them has one common feature - it cannot be done anonymously. Applications without information about the applicant are not considered by government agencies and no action is taken on the facts described in them. Therefore, the employee must be prepared for the fact that he will have to act against the employer under his own name.

Contacting the labor inspectorate

The State Labor Inspectorate (SIT) was created specifically to monitor compliance with labor laws by employing companies. Complaint to labor inspection A complaint can be filed against an employer either by one of the employees who is dissatisfied with the actions towards him personally, or by the work collective. The order of action does not change.

The appeal is drawn up in writing and sent in person or by mail to the regional office of the State Tax Inspectorate. A sample document can be downloaded from the official portal of the labor inspectorate. It is impossible to submit a complaint anonymously, but at the request of the applicant, his data will not be known to the employer. This is one way to protect workers.

Based on the facts set out in the complaint, an extraordinary inspection will be carried out by a GIT inspector. If during its course any violations of the Labor Code or other regulatory documents are revealed, the organization will be fined, and the manager will be given an order to eliminate the shortcomings within a certain period of time. This will be followed by another check. A written response will be sent about the actions taken within a month from the date of transmission of the complaint.

Contacting the prosecutor's office

A complaint against an employer to the prosecutor's office is similar to an appeal to the State Tax Inspectorate. This body examines violations of any rights, including labor rights. The anonymity of the applicant is also guaranteed in order to protect him from unlawful actions of the employer. Based on the facts stated in the application, an investigation is carried out, and the violator is brought to criminal or administrative liability.

Going to court

You should go to court not with a complaint, but with a statement of claim. There is no mandatory requirement to first settle the dispute with the employer out of court; the employee has the right to immediately use this particular authority to protect his rights. But, as a rule, judicial protection is resorted to in the most extreme cases, for example, in case of illegal dismissal.

The advantage of going to court is that not all possible violations of labor legislation are checked, but a specific situation that directly concerns the employee. The result of a positive decision will be not only the punishment of the employer, but also his actions in favor of the employee: reinstatement at work, payment of compensation for forced absence from work, compensation for moral damage. The disadvantage of this method is the long period of consideration of the case and the need to pay a state fee.

How to properly file a complaint

Regardless of where you plan to file a complaint against your employer, you must competently draw up a complaint or statement of claim. In addition to the applicant’s data, these documents must detail what, in the applicant’s opinion, was a violation of his rights by the employer, and which articles of the Labor Code were violated. The stated facts must be confirmed, the documents are listed in the complaint, and their copies are attached to it as evidence.

You can draw up an appeal or statement yourself using samples on official websites government agencies or in reference and legal systems. If you have doubts about the level of your own knowledge, it is advisable to use the help of professional lawyers and specialists in the field of labor law.