A sample of a complaint to the labor inspectorate against the employer. Collective complaints to the State Labor Inspectorate

To date, there are such unscrupulousleaders who neglect labor law and violate the rights of citizens. Regulations envisage the possibility of workers to protect their rights by contacting the labor inspectorate. Let us consider in more detail the sample of a complaint to the labor inspectorate against the employer and the process of its filing.

When can I file a complaint

What should a simple worker, whose labor rightswere violated by an unscrupulous employer? He has the right to write a complaint to the labor inspectorate. This can be done if the employee witnessed abuse of the official position, or if he himself became a victim of discrimination. Let's turn to the actions that can be considered illegal by the employer:

• When hiring the head of the organizationviolated the clearance algorithm: the salary, information on incentives, bonuses and other payments are not specified in the employment contract; forced a pregnant employee to undergo a probationary period; there was no familiarization with internal documentation and orders, and later, for ignorance, exacting measures were applied.
• The employer clearly discriminated against the employee:the refusal of the provision of leave; salary payment is delayed or incomplete; no compensation was paid, which is provided for by labor legislation; instead of paying sick leave, the boss makes him go on vacation at his own expense; the employee is forced to work overtime.
• Violations at dismissal:there was no notice of dismissal or reduction; upon dismissal, the required funds were not paid; all cash payments were made after the day of dismissal; no employment record was issued.

In all of these cases, the employee has the right to file a complaint with the labor inspectorate against his supervisor. In addition, a complaint may be filed from the whole team of employees.

Sample complaint

Legally, there are no specific forms of the complaint itself. You can write a letter to the labor inspectorate in free form. It is important that the complaint contains basic information:

• information about the victim (full details, actual address and telephone number);
• information about the organization;
• the essence of the appeal and complaints;
• signature and date of compilation.

Describe the employer's wrongdoingclearly, adhering to business ethics. All information must be truthful and easily verifiable, and also objectively reflect the state of affairs. The complaint should not contain a personal relationship to the accused person. It is best if the complaint describes successive events. The letter itself can be made according to the sample complaint to the labor inspectorate against the employer, which is presented below.

Complaint process

After the letter is composed, you can do the following:

1. Personally visit the labor inspection department andrefer the complaint to an authorized person. To do this, the document is drawn up in several copies, on one of which the employee of the inspection must deliver a visa. The letter can attach the necessary documents confirming the written.
2. A sample of the complaint to the labor inspectorate against the employer can be sent by registered mail.
3. Send an email,using the online labor inspection service. On the site you must fill in all the provided fields and provide your data. You can also choose a convenient answer from the inspector. In electronic form, you can send a sample of the collective complaint.

Инспекция труда имеет в своем распоряжении месяц, to respond to a citizen's letter and notify on further action. If the complaint is not within the competence of this body, the service workers redirect the appeal to the competent authority within a week. Also, the labor inspectorate reserves the right not to consider a complaint if it contains direct threats.

Anonymity

Sample complaint to the labor inspectorate onThe employer must contain information about the applicant. Otherwise, the service does not consider anonymous letters. But the applicant has the right to ask the inspector not to disclose personal data to the employer, that is, to require confidentiality.

This fact must be indicated when drawing up a complaint.

Collective complaint

A sample of the collective complaint comes in handy.if the application is submitted on behalf of a whole team of employees whose rights have been violated or management has been discriminated. The team can also write a letter about the infringement of the rights of one of the employees. In any case, in such a request it is necessary to indicate the details of the employee representative, on whose behalf the complaint is filed.

Checking

If the letter to the inspection has been drawn up correctly, then at the end of the month the applicant will receive a notice of the impending inspection. Complaints conducted by the labor inspectorate may include:

• control of working conditions;
• survey of all employees of the organization;
• request for necessary documentation for analysis, etc.

After verification, the inspection officer must draw up an act where all violations are recorded. Based on the violations found, the following measures may be applied to the manager:

• issuing orders to eliminate all violations;
• imposing administrative sanctions.

In the latter case, the amount is set individually, depending on the severity of the violation.

If the inspector has revealed quite serious violations, the results can be transferred to the court for a criminal case. This can happen if:

• safety rules that caused the death or injury of an employee were violated;
• termination of an employment contract with a pregnant or mother of a child who is not three years old;
• systematic non-payment of wages over three months.