You will need
- - the statement about violation of rights.
- - materials for evidence.
Find out if the enterprise Union organization. Unions are formed mainly to protect the rights of employees and defend their violated labour rights and interests. If your firm is part of a larger enterprise is likely to issues the offense will be adjusted combined legal service.
Write a written complaint with indication of violated rights, and submitted to the appropriate authority. Claims should be described in as much detail as possible, indicating the time and place of the violation, and committing it. be Sure to attach the document by personal signature.
Attach to the complaint materials, which can be used as confirmation of the fact of violation of the Labor code, such as a copy of the employment contract, employment records, accounting records, job descriptions, copies of orders etc.
Direct your complaint to the regional State labour Inspectorate, if your organization has no trade Union or relevant authority refused to accept your claim. Representation of the state Inspectorate are available in all major Russian cities. You can also find out who the inspectors in charge of your organization, and make an appointment for personal reception.
Turning to the labour Inspectorate must also prepare a full package of documents, and a written complaint register in the office. The time the complaint is usually a month. If the application is accepted, employees of the state Inspectorate will personally contact the management of the company and send the request with the requirement to eliminate the violations and to restore the legitimate rights of the employee. If the company management fails to satisfy the requirements, the case is sent for further consideration by the district court.
Advice 2 : Where to go in case of violation of labour legislation
The relationship between employee and employer is governed by labor legislation. Therefore, the violation of these rules should use all ways of protection of their rights under the law.
The first step in violation of labor laws should become written appeal to the State labour Inspectorate in the subject of the Russian Federation. This body exists at the Federal service for labour and employment and is engaged in the monitoring of compliance with regulations arising from the emergence of labor relations. Statements are approved forms that, when filling in can be given either directly in the office of the Inspectorate, or sent by e-mail.
The application will be reviewed by one of the inspectors, after which the organization suspected of violation of labor laws, will be queued for review and identification of the facts of infringement of the rights of workers. In case such are detected, the inspector will pass the instruction on elimination of violations and may also make the employer be punished in accordance with the Code of administrative offences (Cao).
In that case, if the appeal to the labour Inspectorate does not lead to any response, should refer directly to the regional office of the Ministry of labour and social protection of the Russian Federation. The application may be accepted from the citizen of the Russian Federation who has attained the age of 18. It is considered one month, then the information on the application may be sent to the appropriate authorities, which can solve the problems with violation of labor laws.
If in the context of violations of labour legislation the employer uses illegal labor, uses slave labour, or forcing workers to illegal activities, employees have the right to apply to the Department of the Ministry of internal Affairs or the Prosecutor's place of business. After the statement of the workers will be considered, can be authorized by checking with the participation of power structures and of the labour inspection. It is possible that after such a check will be a criminal case.