According to article 356 of the Labour Code of the Russian Federation to recover and prove the violated rights, the employee has the right to appeal to the labour Inspectorate with a complaint, a letter or statement written in free form.
The employer needs to know that not only the employee, consisting with it in labour relations, has the right to appeal to labor inspection, but also any other person if, for example, illegal denial of employment.
The complaint should be attached to all documents that confirm the fact of violation by the employer. These can be copies of orders, regulations, work rules, and so on. In case of failure to submit copies of the documents, the applicant must specify in his complaint.
As anonymous report, the labour Inspectorate does not consider, the worker must in the complaint specify all your details (name, address, telephone). But, if the Complainant insists on confidentiality, in accordance with part II of article 358 of the Labour Code, inspectors are obliged to keep the applicant's name secret. This should also be stated in the complaint.
According to article 386 of the Labour Code, the period during which the employee may contact the labour Inspectorate, is 3 months from the date of violation of his rights.
The term of consideration of the complaint by the labour Inspectorate is 30 days from the date of its filing and registration. In some cases this period may be extended to 60 days, the employee is to be informed.
In the case of detection by the inspectors of the obvious norms of labor law, the employer will be provided with the prescription, he will be required to perform, for example, to restore the employee's former position.
The employer, after receiving the binding instruction of the labour Inspectorate may either agree to implement it within a specified time, or to refuse to appeal it in court within 10 days from the date of receipt.
The employer has the right not to comply with the regulations of labour inspection more than 10 days. Otherwise he faces a fine under the administrative code.
The labour Inspectorate on the basis of the complaint the employee has the right to conduct an unscheduled inspection of the organization.
Advice 2: How to write an application to the labour Inspectorate
Almost everyone knows that the worker is less protected than the employer. Who among us has not heard from officials that essential we not? The employer often really easy to find a new employee than employee a new job with a good salary and team. And even if workers ' rights are outright violated, rebuff employers do not get. The claims and demands of workers are ignored to protect the rights in court is expensive. It remains to write a letter to the labour Inspectorate.
You will need
- The labour code
- Confirming the violation of rights documents
In which cases should be referred to the labour Inspectorate? If you think that the employer has violated your rights, look through the labour code or consult with an attorney (consultations are usually free). It often happens that the employer has in the employment violates the law, for example, does not conclude with the employee an employment contract, or does fixed-term contract with an open date. Or signing an agreement to work on a single post, you will be surprised to discover that you have free to do the work "for myself and for that guy". It also happens that you laid on the money contract, the employer decides not to pay, for example, in case of dismissal. Or working place and working conditions are not just far from ideal, and very far. Another common violation is unpaid overtime. Or work without a break beyond the legal time. And, of course, unfair dismissal, e.g. pregnant women. This list of labor law violations by employers are not limited, and if your rights are infringed, please write a statement to the labour Inspectorate in order to protect them.
The labour Inspectorate is in almost every city in order to monitor compliance with labour legislation. You need to learn in any available directory address and phone number of your labor. Riding up or call back, you can get contact details of the inspector who oversees your organization.
Now you need to formulate a complaint to the labour Inspectorate. It should reflect the essence of your complaints and suggestions to resolve the violation. To the complaint to provide documents confirming that the employer violates your rights. However, if such documents you have, for example, due to the fact that their employer simply do not give, do not worry. Violations will be identified during the inspection.
Statement to the labour Inspectorate must be executed properly. In the upper right corner, write the name of the institution (labour Inspectorate), position, name and initials of the addressee, slightly below your last name and the full name and address and contact telephone number. The text should write the name and address of the organization that violated your rights, and contact numbers, names and surnames of the Director General and chief accountant, as well as, after indentation, to Express the essence of the complaint and the list of attached documents. The bottom of the page, you should keep the signature and decryption.
Making a complaint to the labour Inspectorate, you can take it directly to the inspection or send a registered letter (with obligatory notification) in the mail. In the first case, don't forget to obtain the signature of the accepting person to copy your complaint, and the second – keep the receipt and notification.
The labour Inspectorate within one month must respond to your complaint and to conduct an audit of the organization that violated your rights. If we are talking about dismissal, the complaint will be reviewed faster, within 10 days. By results of check will be drawn up and the order under which the employer within the specified period will have to eliminate violations, and to provide a report to the labour Inspectorate.
If the reason of your appeal to the labour Inspectorate did not become unfair dismissal, and you continue to work in organizations that are not planning to leave it in the near future, please specify in the complaint that you don't want to advertise that you initiated a check. However, their data indicate it is necessary, because the anonymous letters by the labour Inspectorate are not considered.
Typically, samples of the correct spelling of the complaints can be found in a prominent place directly at the reception of the labour Inspectorate.