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.