During the course of their work, employees are repeatedly confronted with unlawful actions of employers. For example, non-payment of overtime, refusal to hire a pregnant woman or pensioner, delay of wages.
In such cases, the employee’s first action should be to personally contact the manager. Most violations can be eliminated at this stage. However, management may refuse to acknowledge the problem and not take action to correct it.
If an employee is officially employed, then he has the right to protection from government agencies. Therefore, his second action may be a complaint to the prosecutor’s office against the employer.
Not everyone knows how to properly complain about a violation of labor rights to regulatory authorities, so they make mistakes at the first stage of the appeal. However, it is necessary to prepare seriously and in a timely manner for drawing up an application.
In what cases is a complaint against an employer filed with the prosecutor's office?
The activities of the prosecutor's office are regulated by Law No. 2202-1 of January 17, 1992. The main function of the department is to oversee compliance with current legislation.
What issues does the prosecutor's office deal with?
One of the areas of supervisory activity of the prosecutor's office is labor legislation. The object of inspection is the unlawful actions of the employer.
Law No. 2202-1 does not establish clear boundaries of the competence of the prosecutor’s office in this area. Often the issues that employees raise require serious investigation. Therefore, the application may be forwarded to another competent authority.
In each situation, prosecutors independently decide which body to send the received documents to. Based on the results of consideration of the application, the prosecutor's office makes a representation, goes to court or sends an appeal to the labor inspectorate.
Grounds for contacting the prosecutor's office
Each employee can file a complaint independently or make a collective complaint. Typically, an application is submitted to the prosecutor's office for the following violations by the employer:
- inducing an employee to resign;
- regular non-payment of wages;
- unofficial payment of black or gray wages;
- unlawful refusal of employment;
- violation of safety rules;
- overtime work without compensation;
- psychological pressure on a subordinate.
In order for the prosecutor's office to conduct an inspection, you need to send a complaint to the department with supporting documents attached.
Complaint to the prosecutor's office against an employer regarding violation of labor rights
In some cases, people are fired unlawfully due to various subjective pretexts. After this, citizens begin a long and persistent struggle to restore their own rights.
The law makes it possible to act in several directions. Many people immediately go to court. Along with reinstatement at work, demands are made for material and moral compensation.
At the same time, the trial can last for months. Therefore, the alternative is to contact various authorized authorities, including the prosecutor's office. Here is an example of a complaint there.
Prosecutor's Office of the North-Western Administrative District of Moscow
st. Zhivopisnaya, 42
Applicant: Nikiforova Anna Konstantinovna
Moscow, Monetny lane, 48, apartment 22
Complaint
for illegal dismissal from a position
I, Nikiforova Anna Konstantinovna, worked as the chief accountant in the limited liability company “Fortuna”. My work at the specified enterprise lasted from February 1, 2020 to December 3, 2020. I did not receive any complaints from management.
Then, on December 3, 2018, she was dismissed on the basis of subparagraph “a” of paragraph 6 of Article 81 of the Labor Code of the Russian Federation. This legislative provision allows the employer to terminate the employment contract in the event of absenteeism.
I do not agree with the forced termination of employment for the following reasons.
Thus, in accordance with subparagraph “a” of paragraph 6 of Article 81 of the Labor Code, absenteeism is considered, in particular, absence from the workplace for 4 hours in a row during one working day.
On December 3, 2020, I actually came to work at 13:00 instead of 8:00. However, I had good reasons for this. By agreement with the director, I was at the Federal Tax Service, where I submitted reports and resolved other work issues. This fact can be confirmed by the driver of the company car I drove.
I would like to note other violations committed by the administration. So, absenteeism, even if it happened, is considered a disciplinary offense. The measure of responsibility for him is a reprimand or dismissal.
However, in any case, according to Article 193 of the Labor Code, the administration must request written explanations from the employee. In my situation this was not done, which I consider non-compliance with the current legislation.
In addition, the entry in my work book was made in disregard of the requirements of the relevant instructions. This also indicates the illegality of the dismissal.
In Art. 1 of the Federal Law “On the Prosecutor’s Office in the Russian Federation” states that this link in the law enforcement system supervises the observance of the rights and freedoms of every Russian citizen. Therefore, I consider it necessary to seek help in restoring my labor rights.
Based on the information described above, and guided by the provisions of the Labor Code of the Russian Federation,
I beg:
1) Check the information contained in this complaint according to the procedure established by law.
2) Take measures within the scope of their competence aimed at restoring my labor rights.
3) Please notify me of the results of the consideration of the complaint in writing at the address indicated at the beginning of the appeal.
Application:
1) A copy of the dismissal order.
2) A copy of the work book with an entry made in it about the termination of the employment contract.
Date Applicant: Nikiforova A.K.
Sample complaint against an employer to the prosecutor's office
How to write a complaint correctly?
The complaint template is not approved by law. It is compiled in any form. Let's consider how to draw up a document correctly and what evidence to attach.
Text of the complaint
The text of the complaint consists of an introductory, informational and pleading part. The document must include the following information:
- name of the prosecutor's office;
- information about the applicant (full name, residential address, contacts);
- employer information;
- violations committed by management at the place of employment;
- actions that the employee took in his own defense;
- links to regulations;
- request to conduct an inspection;
- date and signature.
The appeal is drawn up in two copies. One is transferred to the case file. The second is returned to the applicant with a registration mark.
Sample complaint to the prosecutor's office against an employer
Below are sample complaints for various violations.
In a complaint about “gray” wages, it is necessary to indicate how much the employer must pay and what amount is established in the employment contract. To support the arguments, you need evidence that the employer previously paid the employee the amount agreed upon with him.
In addition to non-payment of wages upon dismissal, the employer may not provide compensation for unused vacation. A detailed settlement of all outstanding amounts should be made.
When drawing up the document, it is necessary to describe in detail what the employer’s illegal actions were, what norms of the Labor Code of the Russian Federation were violated upon dismissal.
The applicant indicates what violations of labor rights were committed. For example, a work book was not issued upon dismissal, copies of documents were not provided upon request, and the final payment was not made.
If you encounter any difficulties in filing a complaint, it is recommended that you seek help from a professional lawyer.
List of documents
The law does not contain a detailed list of documents that need to be prepared for submission to the prosecutor's office. Often the applicant describes in the complaint all the violations committed and attaches the documents he has. After accepting the appeal, the prosecutor's office independently requests the missing information.
A sample list of documents includes:
- employment contract with all additional agreements;
- orders on hiring, transfer to another position, dismissal, payment of bonuses, granting leave, etc.;
- pay slips;
- payrolls;
- statements from a personal bank account;
- other evidence of violations.
Important! All documents are indicated in the annex to the application in the form of a numbered list.
How to submit a document
Letters of complaints sent for consideration to the Prosecutor's Office by email may not be accepted due to the lack of a digitized signature of the applicant. Therefore, the most correct decision would be to submit an application using traditional methods, since they are verified and provide a guarantee of entry into force.
There are several ways, namely:
- personal visit of a citizen to the Prosecutor's Office located at the place of registration of the applicant. You must have with you documents confirming the identity of the individual. The transfer of accompanying documents and the complaint itself is carried out under the personal signature of the employee reporting the violation;
- transmission of the complaint through an official representative. This method can only be carried out if there is a notarized power of attorney for it. The representative in the defense body is required to provide identifying documents and a power of attorney;
- sending a complaint using mail services. This method requires a registered letter, a description of the attachments, and filling out a notification form. The latter will guarantee the delivery of correspondence to the Prosecutor's Office, because the defense officer will be required to sign it and enter the date of receipt.
Only the written format is used for the complaint. It is important to draw it up in two copies, one of which remains with the submitter, where the date and number of the incoming document will be noted. The other is transferred to the Prosecutor's Office. If the transfer is made not in person, but by mail, then notification of receipt will guarantee the receipt of the application at the defense institution.
Important! The filing of a complaint must be sent only to the institution of the Prosecutor's Office whose district coincides with the location of the organization.
The legislation establishes deadlines for filing a complaint in connection with a violation of an employee’s rights. After the fact of the offense, a statement from a staff member can be accepted within three months. After the deadline for acceptance, government agencies will not consider the application.
If a citizen owes wages to a citizen for 2 or more months, he can contact the Prosecutor's Office within a year, after consideration and a decision, a criminal case will be initiated.
In exceptional cases, such as illegal layoffs, the period for filing an application is reduced to one month from the date of the actual violation.
The state fee is not paid for such applications to the Prosecutor's Office. If, after an inspection, a decision was made to refer the case to court, then, as a rule, the law does not require payment for labor proceedings.
Watch the video. How to contact the Prosecutor's Office correctly:
Ways to file a complaint
An appeal to the prosecutor's office can be sent in several ways.
Personally
A citizen can personally visit the department and hand over documents to an office employee. You must have an identification document with you.
The employee on duty will enter information about the application in a special journal and put an incoming stamp with the date of registration. The appeal is then submitted for consideration.
Through a representative
If a citizen does not have the opportunity to submit documents on his own, he can entrust this issue to a representative. You will need to issue a notarized power of attorney indicating specific powers within the framework of the conflict being resolved with the employer.
When appearing at the prosecutor's office, the representative provides a power of attorney and a passport. After verification of documents, the application will be accepted and registered.
By mail
The application can be sent by post. You are allowed to use the services of the Russian Post or courier service.
The documents are placed in an envelope. Then an inventory of investments is compiled. A return receipt must be attached to the letter.
After receiving the shipment, the prosecutor's office employee puts a date and signature on the notification. The document confirms that the complaint has been received by the addressee.
Electronically
An electronic method for filing complaints with the prosecutor's office is currently available. You must go to the official website of the department and fill out the proposed application form. There is no need to sign the application with an electronic signature.
You can use the service genproc.gov.ru. On the page that opens, select the “Online Reception” section and read the instructions for submitting applications.
Mandatory requirements must be met:
- the text of the appeal is written in Russian;
- information about the location of the violation, the name and contact details of the employer, and a detailed description of the violations are indicated;
- documents in electronic form in an acceptable file format are attached to the application;
- It is allowed to indicate links and hyperlinks to resources where audio and video recordings are stored.
You should know! If the volume of text exceeds the permissible volume, it is recommended to submit a complaint in writing to the prosecutor's office.
Methods for filing a complaint
A complaint to the prosecutor's office against an employer can be filed in one of the following ways:
- Personal appearance at the government agency. You must have a passport or other document with you to confirm your identity. The application is drawn up in the presence of the officer on duty, and supporting documents are attached to it.
- Through your representative. The complaint is made in writing, after which the applicant’s representative with a notarized power of attorney contacts the prosecutor’s office to file it.
- By post or courier. The application is made in writing, after which it is placed in an envelope. The letter must contain a list of attachments, and a receipt must be attached to the envelope. The returned notice with a signature will confirm that the complaint has been received by the prosecutor's office.
- In electronic format using the prosecutor's office website. On it you need to fill out an application form and send information to the authority. The use of digital signature is not required.
Through the State Services website, submitting an application is possible only for individual subjects of the country. In most cases, the site displays a message that the ability to submit an online application is not provided.
Attention! You can't just send an email to the prosecutor's office. By law, a document must be uniquely identified by its sender. This can only be achieved with the use of a qualified digital signature.
Is it possible to submit an anonymous appeal?
Often the employee does not want the employer to know that a complaint has been filed against him. Therefore, the question arises whether it is possible to contact the prosecutor's office anonymously.
The law establishes that the appeal must be submitted by a person whose identity can be established. Based on the results of the review, a response is drawn up and sent to a specific addressee.
If the department receives a complaint without indicating the full name and contact information of the sender, the document will not be accepted.
Advice! If an employee wants the employer not to find out about the initiator of the complaint, it is necessary to include in the appeal a ban on disclosing information about him.
Features of filing collective complaints
Often a complaint against an employer is made on behalf of the workforce. The same requirements apply to it as to individual requests, taking into account some features:
- the document is drawn up on behalf of several persons and signed by each applicant;
- violations must affect the interests of all employees involved in drawing up the appeal.
Once a collective statement has been drawn up, a worker representative must be identified. He will interact with employees of the prosecutor's office and represent the interests of the entire team.
Based on the results of consideration of the complaint, a response is sent to each of the applicants. Therefore, the addresses and contact details of each participant should be indicated.
How to properly draft and file a complaint against an employer
The law does not provide any special requirements for the content of the complaint.
However, this does not mean that it can be written haphazardly. The final result depends on how well all the essential arguments are presented.
In order to understand how to correctly write a complaint against an employer, you need to familiarize yourself with the list below, which indicates the necessary and mandatory items:
- Information about to whom the complaint was sent.
- Full name of the applicant.
- Details of the organization in which the employee works.
- The essence of the circumstances as a result of which the citizen’s labor rights were violated.
- A request must be made to eliminate the violations or take appropriate measures to restore justice.
- The date of writing the complaint and the signature of the applicant.
This is what a complaint against an employer to the prosecutor's office should contain; a sample for writing it yourself can be downloaded from our website.
Procedure and terms for consideration of an appeal
After receiving a complaint, the prosecutor's office conducts an investigation. All activities are allotted 30 days (Part 2 of Article 10 of Law No. 2202-1). If additional study is not required, 15 days are sufficient to make a decision.
The check is carried out in several stages:
- The prosecutor studies the legislative framework, practice in typical situations and determines the circle of people who need to be involved in the procedure.
- Then the employer’s activities are checked on site and violations are identified.
- Based on the documentation received, the degree of guilt of the employer is determined and the penalty is established.
- Based on the results, a proposal is made to eliminate the identified violations and a deadline is set.
- After the expiration of the established period, the prosecutor checks whether the representation has been executed.
There is no need to notify the employer about the inspection in advance. The prosecutor has the right to question employees and select written explanations.
Important! If during the inspection signs of a criminal offense are discovered, a criminal case is initiated. The inspection materials are sent to the preliminary investigation authorities.
