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 a complaint against the employer
You have to work a quarrel with the management and the probability of "unplanned" job? Try to get out of this situation, minimizing the loss. To defend the rights of the employee will competently written complaint to the employer.
In order to protect their rights, what violates your employer, please first to the labour Inspectorate whose main function is to control the labour laws. Such an inspection is available in every city.
State your claim in writing. Try not to "get involved", write briefly, on the merits and without emotion. Very hard to read long messages until you get to the end, forget what was in the beginning. Do not take a written complaint more than one or two pieces of paper (A4 format).
That would properly articulate their claims, specify what exactly the violated rights, and then try to specify how, in your opinion, it is possible to correct this situation.
List argued the facts of violation by the employer of your rights, which might provide evidence, i.e. confirmed by documentary evidence, or testimony. And the more they have, the more effective will be the complaint.
Complete list of so-called application, and make it to the end of the written complaint. The text of the complaint make reference to existing documents. The volume of such applications is not limited, it all depends on your ability to collect the evidence base.
Be sure the text of the complaint request on Your written response and specify the address of the recipient of the response.
What to do if a complaint against the employer to the labour Inspectorate have not had the expected result? Then you need to contact the Prosecutor's office. In this case, their claims must be set forth in writing, however, subject to the following rules.
Correctly fill in the header of the application – in the upper right corner of the sheet of paper to indicate what kind of attorney you submit an application (preferably the address of the Prosecutor) and his office, with the name of the Prosecutor is optional. To send the statement follows the Prosecutor's office, which is geographically located in the area to find your employer.
The essence of the issue can present in any form, but short and clear. Specify in the complaint: who are you, date of employment, date of dismissal (if any), how the employer has violated Your rights in law, and then specify their requirements (for example, "please take steps to...")
In addition to its coordinates, let the coordinates of your company with names of managers, addresses, and telephone numbers. Throw away all personal stories, only the specifics. At the end of the application sign and date.
Advice 3 : How to write a complaint to the labor Inspectorate
The relationship of employee and employer is often difficult. And to prove to the boss that he is wrong, very difficult. Help to restore the rights of employees in Labour inspection. But the question is how to write a complaint to take action?
You will need
- address and phone of the local labour Inspectorate,
- - the text of the Labour Code of the Russian Federation
Before going to inspection analyze exactly how it has been infringed. The most common conflict situations include improper registration of the employment relationship, late payment of wages, mistakes during the dismissal. See articles 37, 64 and 84 of the Labour code, which reglamentary these areas. Before you write a complaint, call the inspection and get advice whether you understand the provisions of the law and how best to formulate claims on paper.
Gather documents that can prove your case. These include the contract, the calculations with you. If violations of the employer fixed in the order or in the statement that you're holding there, mention them in the statement.
Write the complaint. Samples can be found in the inspection or on the sites of legal advice. In the header of the complaint must be specified the correct name and address of the organization where you are applying, and complete your data. These include surname, name, patronymic, address of place of residence. In the address mention where and by whom you work or have worked. And state the nature of your claims. For filing a document personally write the text in two copies, or copy it.
Take your complaint to the office of inspection or send a registered letter with a notice in the mail. Attach the prepared documents proving your case. If you apply in person, on the first instance you should check when and by whom it was adopted. In the second case the proof is the ticket notice.
Your complaint should be considered in any case within one month, in exceptional cases the period may be extended for another month. On the basis of your enterprise is carried out check compliance with labour legislation. Usually, she ends with the injunction or penalty to management or the organization as a whole. The inspectors are obliged not to disclose, by whose conversion they are checking in the enterprise.