Labor inspection - how to submit an application to the labor inspectorate online: 5 simple steps + 3 ways to contact the labor inspectorate

There are situations when there is an urgent need to complain to the State Labor Inspectorate about any actions (or inaction) of the employer. At the same time, it is important for the applicant that his personal data does not appear in the complaint. It is possible to do something like this. Let's look at how to contact the labor inspectorate anonymously, how to make a complaint and how to convey it to the addressee.

Anonymous appeal

There is no specific standard for writing to the labor inspectorate. It is only important that it be written concisely, without emotion. It is necessary that the facts described in the application correspond to the actual state of affairs. If there are documents directly or indirectly indicating a violation of labor laws by the employer, copies of these documents should be attached to the complaint.

If the complainant wishes that his personal data not appear in the complaint, he must indicate this in the application. The request looks something like this: “Please do not disclose information about me as an applicant.” It should be noted that you still need to provide your personal data; without this, the complaint will not be considered. Thus, this statement will be anonymous only for the employer against whom the complaint is made.

Some facts

Penalty options, including fines and criminal liability, can be applied to the main persons of the organization, as well as to those directly responsible. For example, if an employee says that he works in conditions that do not meet safety standards, then not only the boss, but also the labor protection specialist may be guilty in this case.

An anonymous complaint to the labor inspectorate is a real opportunity to report violations on the part of the employer without fear of a negative reaction or retaliation.

The labor supervision inspector has the right not to disclose the source of information. Only this fact distinguishes the official filing of a complaint from an anonymous one. Essentially, in the full sense of the word, such a statement cannot be called anonymous. This is just one form of formal complaint, but without permission to refer to the complainant.

Professional assistance in resolving labor disputes - review of the TOP 3 law firms

Resolving a labor dispute on your own is not always comfortable, since most of us experience stress in such situations. This does not promote sound judgment and good decision making.

So I recommend hiring a lawyer to apply for a power of attorney, a sample of which is available from any notary.

Here are three reliable companies that provide such services.

1) Lawyer

Contact this company whenever you need qualified legal advice with guidance for action. Thousands of lawyers from all over Russia work on the portal, and hundreds of workers are online at the same time. The Lawyer's website is a platform for interaction between specialists and citizens and organizations.

To get advice, just go to the portal and formulate your question or problem in the feedback form. Write clearly and concisely. The lawyer must understand what result you want to get. After paying a small amount, you will receive detailed instructions that will help you solve the problem yourself, without the help of other lawyers.

If you do not want to deal with the problem yourself, then you can arrange a meeting with the lawyer who lives closest to you. Since there is very high competition among the specialists of this company, they charge quite a reasonable fee for their services. If you want to submit an application with supporting documents to the labor inspectorate online, please contact ]Pravoved[/anchor].

2) Lexlife

This company specializes in resolving all types of disputes in court and out of court, including the settlement of labor disputes. The main thing is not to miss the deadline established by law for contacting the labor inspectorate, especially after dismissal. To do this, you need to immediately use the services of Lexlife.

Company Services:

3) Yuskon

The main activity of the company is accounting support. However, resolving personnel issues of the enterprise is also within the sphere of interests of the company. If you are an employee, then specialists will advise and protect your rights, both in the labor inspectorate and in court. If you are an employer, then by concluding an agreement with them, you will protect yourself from unnecessary claims related to violation of labor laws.

Now I suggest you watch a thematic video.

Responsibility of the inspector for non-disclosure of the identity of the applicant

Article 6, Part 2 of Federal Law No. 59-FZ states: “... when considering an appeal, disclosure of information contained in the appeal, as well as information relating to the private life of a citizen, is not permitted without his consent.” Therefore, it is not legally permitted to disclose the applicant's personal data.

In practice, the labor inspectorate employee is not responsible for publishing information about the citizen who filed the complaint. Therefore, there is no 100% certainty that as a result of the verification, the applicant’s personal data will not become available to the employer or other persons.

Read what the labor inspectorate fines you for here.

It is not at all necessary that the information leak will occur at the will of the inspector. As a rule, verification of a filed complaint also concerns the consideration of certain documents. The law prohibits requiring an employer to submit documents for audit that are not related to the complaint under investigation. Therefore, the inspector is simply forced to request for verification the documents of the employee who wrote the complaint (if this complaint is related to a violation of his rights).

The situation with anonymous statements from citizens is far from ambiguous. The outcome of each complaint is purely individual: in some cases the inspector manages to maintain the citizen’s confidentiality, in others not.

For information on the procedure for contacting the State Labor Inspectorate and consideration of complaints, watch the video

How to appeal the decision of the labor inspectorate - procedure

Unfortunately, the decision of the labor inspectorate does not always completely satisfy the victim. But everyone has the right to appeal against it, first with the head of this service, and then in court.

How to do this - read below.

Action 1. Compose and send a letter to the head of the labor inspectorate

If you think that during the inspection the inspector did not take into account some arguments and made a decision not in your favor, prepare a letter addressed to his supervisor. In it, describe in detail the essence of the problem, attach a copy of the inspector's response and indicate the points with which you disagree. Justify your statements. If necessary, find additional arguments in your favor.

The period for consideration of such a complaint is no more than 30 days. If you are satisfied with the results, the incident can be considered over. If not, then move on to the next step.

Action 2. We collect documents and materials that you want to challenge

You need to provide the court with those documents that, in your opinion, are controversial. These include: orders and instructions from the manager, timesheets and schedules, settlement documents. Here we also put the answers received from the labor inspectorate.

Action 3. Go to court

I recommend filing a claim with the courts only after you receive a response from the head of the inspection.

We write a statement of claim according to the sample that we take in court. We attach to it the documents listed above, and declare witnesses if necessary. Don't forget to pay the state fee. When going to court, I recommend hiring a lawyer who has experience handling civil cases in the area of ​​employment law.

Grounds for complaint

Both the working employee and the applicant for a vacant position can appeal against the employer’s actions. The list of reasons for a complaint is not exhaustive; a citizen can report to the inspectorate about any situation that violates his labor rights.

The most common grounds for employee complaints:

• Non-payment or untimely payment of salaries and other obligatory payments;
• Not providing labor or social leave;
• Unlawful dismissal;
• Various violations of working conditions: illegal transfer, salary reduction, etc.;
• Wrongful disciplinary action;
• Concealing an industrial accident;
• Delay in work record book or payment upon dismissal;
• Issues related to working nights, weekends and holidays.

The reason for a candidate's complaint about a position is most often a refusal to hire.

Whatever the reason for hiding your data, you must indicate it in the application - otherwise it will not be accepted and considered, since the labor inspectorate does not consider anonymous applications. If an already dismissed employee is afraid of his former employer, in the event of unlawful actions against him, he will have every right to contact the police, who will take the necessary measures. In addition, in the complaint itself you can make a request not to disclose data to the other party.

Sequence of steps

A complaint to the labor inspectorate against an employer looks like this step by step:

1. find out the coordinates of the territorial subdivision of the GIT, full name and exact title of the manager’s position;
2. correctly compose a written appeal;
3. attach to the application documents confirming the facts stated in it;
4. take the papers to the inspectorate or send them by registered mail with a list of contents and acknowledgment of delivery.

Find out how to get advice from the labor inspectorate here.

The following must be attached to the application:

• a copy of the employee's passport;
• a copy of the employment contract;
• a copy of the hiring (dismissal) order;
• copies of any documents confirming a violation of labor rights, at the discretion of the applicant.

If it is impossible to attach all the necessary papers due to the applicant not having them on hand, the State Tax Inspectorate must still accept the application for consideration and schedule an inspection. The inspector will require all documents from the employer.

Please note: when contacting the inspectorate in person, you must request that the application be registered. It is worth asking the clerk to sign a copy of the application, but he has the right to refuse. So, in the event of inaction by the State Tax Inspectorate, a postal notification of delivery of a letter of complaint is more reliable evidence that the application was submitted.

How to write a complaint to Rostrud

When filing a complaint when visiting the territorial office of Rostrud, the algorithm of actions is as follows:

1. You should make a written claim, reflecting the circumstances for the appeal. The document is prepared in two copies.
2. You must first make an appointment with the management of the Rostrud branch. This must be done no later than 5 days before the appointment through the official website of the service.
3. Once received, the complaint is registered. This is confirmed by the acceptance mark, which is placed on both copies of the complaint.
4. When the complaint is considered, the citizen receives a response through the communication channel he has chosen. You can receive either a written document in person or by mail, or an electronic version.

Documentation

In addition to the complaint, the applicant can provide a package of documents certifying the fact of the incident.

It includes:

• copy of passport to confirm identity;
• a copy of the contract drawn up upon hiring, as well as the work book;
• job responsibilities of a citizen, labor rules in the organization;
• sick leave;
• copies of the order imposing a fine or reprimand;
• other evidence of committed offenses.

You can attach any documents that could confirm that the employee’s rights were violated by the employer. If rude behavior or threats are made, it is necessary to have video and audio recordings available.

Sample

There is no single form of complaint provided by law. Therefore, the document is drawn up in any form. You can use an example sample of a complaint to Rostrud.

Download a sample complaint to Rostrud against an employer

Download a sample complaint to Rostrud about the inaction of the labor inspectorate

It is necessary to reflect the main sections in it:

1. Name of the authority that will consider the appeal.
2. Information about the applicant: last name, first name, patronymic, place of work and position held, residential address, telephone number, email address.
3. Description of the circumstances of the incident. You should describe the situation in as much detail as possible, noting the date and time.
4. An indication of what actions were taken by the applicant to resolve the conflict.
5. Date and signature of the applicant.

It is worth remembering that a complaint is an official document. It must be informative and compiled with the requirement of objectivity. It is prohibited to reflect incorrect information, threats and insults, as well as unnecessary information.

Deadlines

The deadlines for consideration of citizens' appeals are established by law:

• registration of the application – within 3 days;
• transfer of documents to the relevant authority - within 7 days;
• notification of the applicant about the consideration of the complaint - within 30 days.

Attention! If it is necessary to study additional information and conduct an audit, the period may be extended by another 30 days.

These deadlines apply regardless of whether the complaint is submitted in paper or electronic form. Even if the appeal is sent via the Internet, it is considered within the same period.

You can file a complaint with Rostrud if any labor rights of employees are violated. A citizen has the right to submit an appeal both in case of detection of unlawful actions of the employer and labor inspectorate specialists. The appeal is sent in paper or electronic form. If there is no response or a decision is made that does not satisfy the applicant, he may go to court.

Methods for filing a complaint

Let's look at how to deliver an anonymous letter to the labor inspectorate. The most effective way to convey information is to send a complaint by mail, more precisely by registered mail with return receipt requested. This sending option assumes that upon receipt of correspondence, the addressee (in our case, the labor supervision inspector) will sign in the postal register that the letter has been received. After this, a notification will be sent to the sender that the addressee has received the letter in hand.

You can personally deliver a written complaint to the labor inspectorate office. In this case, you need to pay attention that the application is accepted by an employee authorized to take these actions, and the fact of receipt is recorded in a special register.

The next way to bring information to the attention of the labor inspectorate is to apply online via the Internet. This is quite easy to do. You need to go to the website of the State Labor Inspectorate of your region or to the Internet portal “Onlineinspektsiya.rf”.

These sites have special forms for feedback and applications. You need to follow the steps suggested by the electronic service step by step, including describing the essence of the complaint. At the same time, in the text of the application, if you wish not to disclose personal data, you must inform the inspector about this fact or check the box for submitting an anonymous application.

Read about what documents the labor inspectorate checks in this article https://otdelkadrov.online/4178-chto-kak-proveryaet-trudovaya-inspektsiya-po-zhalobe

What is a labor inspection and what does it check?

Labor legislation includes many rules and regulations that govern the relationship between employees and employers.

The latter quite often ignore labor law, which contributes to the emergence of labor disputes. Read about the essence of this concept in our special article.

To resolve them, a labor inspectorate has been created in Russia, contacting which gives workers the opportunity to defend their rights out of court. All employers are required to comply with the decision of this body or appeal it to the court. The inspectorate reports to the Ministry of Labor and Social Protection of the Population.

Control and supervision in the field of labor relations, conducting labor safety inspections, considering complaints - this is not all that the State Labor Inspectorate does.

Types of activities of the labor inspectorate:

• conducts inspections of employers (scheduled and unscheduled) to identify and suppress violations of labor laws;
• monitors the progress of inspections on industrial accidents;
• checks the legality of payments of social benefits;
• controls the activities of guardianship authorities in terms of work with incapacitated citizens;
• resolves collective labor disputes in state institutions;
• conducts awareness-raising work;
• conducts an examination of harmful production conditions;
• assesses the state of affairs with labor protection at enterprises.

Another name for this service, represented in all regions, is Rostrud.

How to properly file a complaint

In order for a complaint to be fully considered, it must contain:

• Full name of the territorial labor inspectorate and full name of its head (this information can be found on the official website of the inspectorate);
• Information about the applicant: full name, address;
• Title (“Complaint” or “Application”);
• The essence of the appeal. A description of the situation in which, according to the applicant, the employer violated his rights. What, where, when it happened, what norms the employer violated (this point is not mandatory, the citizen does not have to know the content of all articles of the law), what harm was caused, what is confirmed. Here you should also indicate the full name of the organization where the violation of rights occurred, its legal address and, if possible, its tax identification number.

We suggest using a sample complaint to the state labor inspectorate.

Conditions for writing a complaint to the labor inspectorate online

In order for a complaint to be considered appropriately, the following conditions must be met:

• Please provide correct applicant information in your application. Anonymous requests remain unconsidered.
• The essence of the appeal is the most concise and objective text, without unnecessary emotions and experiences. The writing style is businesslike.
• The facts stated in the complaint must be reliable and verified.
• The text of the letter should not contain obscene language, insults or slander.
• If possible, attach scanned documents confirming violations of employee rights to the complaint.

Watch the video about a complaint to the labor inspectorate

Is it possible to file a complaint with the State Tax Inspectorate anonymously?

Most citizens want to file a complaint with the State Labor Inspectorate anonymously, and this is quite reasonable, because a working employee strives, first of all, to defend his labor rights, and not directly conflict with management.

Let's start with the fact that, in accordance with current legislation, all written requests to state regulatory authorities must contain information about the identity of the applicant. The labor inspectorate is no exception in this case - a complaint to the State Labor Inspectorate must be filed indicating the full name of the applicant.

At the same time, Art. 356 of the Labor Code of the Russian Federation, which regulates the functions of the State Labor Inspectorate, determines that when a citizen makes a complaint, labor inspectorate employees are required to comply with the principles of confidentiality. Consequently, the standard filing of a complaint with the State Tax Inspectorate itself requires non-disclosure of information about the applicant . If a GIT employee violates the established confidentiality procedure, penalties provided for by the Labor Code of the Russian Federation may be applied to him.

Contacting the labor inspectorate from the official website

You can file a complaint with the labor inspectorate on the official website onlineinspektsiya.rf.

From January 1, 2020, there have been major changes when submitting an application to the labor inspectorate online. In order for the inspectorate to conduct an unscheduled inspection of an electronic appeal, the applicant must be authorized through an account in the unified State Services system (www.gosuslugi.ru). Such innovations appeared in Part 3 of Art. 10 of the Law “On the Protection of the Rights of Legal Entities and Individual Entrepreneurs...” (No. 294-FZ dated December 26, 2008).

Additional Information

Main documents that must be attached to the application: 1) Employment contract. 2) Order of appointment to a position. 3) A copy of the work record book (if the applicant has one). 4) A copy of his passport. As additional documents, you can select any documents that the applicant considers necessary when considering his application (office memos, email correspondence, etc.)

Therefore, the action algorithm for an online complaint to the inspectorate now looks like this.

1. Registration on the State Services website. You must fill out the form indicating your full name, email address and mobile phone number.
2. Log in to the labor inspection website through your personal account on the State Services website.
3. Select the “Report a problem” tab on the page. When you select such a tab before authorization, the system itself will offer to go to the State Services website and register there.
4. Select a problem category from the proposed options (for example, “wages” when payments from the employer are delayed).
5. Choose one of three options that the applicant would like to see as a result of consideration of his application: conducting an unscheduled inspection, bringing the employer to administrative responsibility, or consulting an inspection specialist.
6. Fill out all fields of the application form.
7. Click on the “Send request” button.

A confirmation will be sent to the email address provided by the applicant. From this moment the 30-day period begins for the inspection to consider the complaint.

Review and response timeframes

The legislation stipulates that no more than 1 calendar month should pass from the receipt of a complaint to its detailed consideration. If the complaint concerns illegal dismissal, then the period for consideration of the application is limited to 10 days.

After checking the application, Gov. The inspectorate must conduct an unscheduled inspection of the organization against which the complaint was received. Then a decision is made with an order to the management of this company to correct the violations by a certain date.

Scheduled inspection by labor inspectorate

As their name suggests, scheduled inspections are special labor inspection activities that are carried out in accordance with a pre-approved schedule. That is, the authorized person does not need any special reasons to initiate such a check.

Conducting scheduled inspections is possible in relation to absolutely any organizations, regardless of the type of their activity, as well as other factors. The standard frequency of such events is once every three years.

If we talk about the main reasons for which a scheduled inspection must be initiated, these include the following:

1. The institution has never been inspected, but three years have already passed since its official opening.
2. The three-year period has ended since the last inspection activities in a particular organization.
3. The employer is a businessman and has been carrying out his business activities for 3 years. The countdown of this period of time must begin from the moment an individual is officially registered with a tax organization.

It must be remembered that the above list of grounds is exhaustive. That is, a scheduled inspection cannot be initiated by an authorized person for any other reason.

If we talk about the main activities that are included in each audit of an organization, they can be divided into two main types:

• checking various personnel documentation within the institution. This can include a wide variety of materials available in the organization. The main thing is that they all have a direct relationship to the immediate activities of the company;
• checking the safety of work performed in the organization. It should be noted right away that the progress of the audit, as well as other important nuances of this event, will directly depend on the specific organization and the direction of its activities.