Pros and cons of training. On-the-job training: the pros and cons of online training. Positive aspects of personal growth trainings

Quite often the situation arises; you need to draw up an application extremely quickly. And, as a rule, the urgency is so great that income depends. In this case, there are two ways out of the situation.

Go to a lawyer who will prepare the application professionally. Or find good example from colleagues and enter your information in the appropriate sections. Each of these methods contains pros and cons.

In the case of a lawyer, you will be forced to shell out money. The cost depends on the meaning of the document. In the option when you decide to compose an appeal with your own hands, you will not have to pay. But no one can guarantee that the appeal will be written well.

I would like the provided template to help in resolving the problem.

Application to the prosecutor's office for the employer

The prosecutor has a fairly wide range of powers:

Initiation of an administrative offense case;

Taking measures to initiate a criminal case;

Making a prescription;

Protest.

Depending on what norm of the law the employer violated, the prosecutor takes appropriate measures to protect the rights of the applicant. If another body, for example, a court, is authorized to consider this issue, then the prosecutor explains to the person the procedure for protecting his rights.

The law also allows the participation of a prosecutor in court to protect the rights of such citizens who, due to certain circumstances, cannot do this on their own, for example, due to their state of health.

How to make an application?

An application to the prosecutor's office for the employer is submitted to the prosecutor's office, whose jurisdiction includes the territory in which the legal entity is registered (legal address, not actual address). What should be in such a statement:

The name of the prosecutor's office you are applying to;
Your data (name, address, contact phone number) and information about the employer (name, legal address, phone number);

The circumstances that led to the violation of the law are indicated;

It is also better to make a reference to a rule of law that has been incorrectly applied or not implemented;

The requesting part, where your requirements should be clearly formulated (for example, to bring the employer to criminal liability);

Attachments (documents that substantiate your position, if any, must be attached to the application).

When should you contact the prosecutor's office?

The employer application must be submitted as soon as possible. This is necessary so that you have a margin of time if you applied to the wrong authority, for example, when applying to the court, the limitation period for labor disputes is 1 month for cases of illegal dismissal, and 3 months for all others. This is, of course, much less than the general statute of limitations (3 years).

You should not run to the prosecutor's office with a statement on every occasion, since there is a special body, the labor dispute commission, which deals only with the resolution of conflicts between the employee and the employer.

How do I apply?

An application to the prosecutor's office for the employer is submitted personally, or sent by mail, it is also possible to send an appeal by e-mail. If you come to the prosecutor's office, then on the second copy of the application (which you must keep for yourself), a note is made about its acceptance.

The citizen's application must be accepted and registered properly. If you are told that you need to apply to another body and do not want to accept the application, you can leave, but if you insist on accepting the application, then they have no right to refuse you and must give a written answer.

In many ways, the effectiveness of the prosecutor's response depends on the literacy of drawing up the appeal, since it is easier for a lawyer to present the necessary information in a concise form, and a citizen may miss legally significant moments. An application for an employer will help you to draw up in any law office where there are specialists in labor law.

Should you turn to lawyers in case of violation of labor rights?

Another thing is that you need to be able to defend your rights, but the majority do not have the time and energy for this. And here the question arises of whether it is necessary to involve their own labor issues lawyers.

Complaint to the labor inspectorate

You are forced to write a statement on on their own, or "fined" by order of the director, or not paid the due salary? In any case, when your rights as an employee have been violated, you can contact the state Labor Inspectorate... “After all, the main task of the Labor Inspectorate is supervision and control in the field of labor legislation. Officials are obliged to accept your application and consider it, ”says corporate lawyer Pavel Smyslov.

It should be remembered that the application must be submitted no later than one month after the dismissal.

Maxim Dombrovitsky, lawyer of the Moscow collegium of Legis Group, fully agrees with Pavel on this issue. “The inspectorate is obliged to react and come with a check, - explains Maxim. “And, as a rule, in the course of this control, they check all labor documentation, and very often find any violations, in the execution of documents, for example.”

* Advice from Pavel Smyslov HOW TO MAKE A COMPLAINT

A complaint can be written both to the Labor Inspectorate and to the prosecutor's office.
Emotionless. Briefly and to the point. When making a complaint, try to be guided by the principle that brevity is the sister of talent.

The more facts of violation of your rights you list on one or two sheets of A4 paper, the better. The complaint should be as short and to the point as possible.

As proof - arguments and facts. List everything that proves a violation of your rights and gives rise to their protection. If you write in a complaint that the firm creates formal conditions that force you to resign of your own free will, then try to attach proof of this to the letter.

These can be provocative written statements from management, as well as references to witnesses who can confirm your words. Be prepared for the fact that every word written in the complaint must be reasoned and proven by documents or testimony of witnesses.

List of applications. In your written complaint, try to link to attachments, which may be unlimited in size and depend on your ability to collect evidence. At the end of the complaint, be sure to list the list of applications.

Ask for a written response. Also in the complaint, be sure to ask for a written answer to your application.

Sample Complaint to the Labor Inspectorate

To the Head of the State
labor inspection in Moscow
V.G. Lishankov
st. Domodedovskaya, 24,
bldg. 3, Moscow, 115582
from full name
residing at:
(address)
Contact number:________

Complaint
(Main text).....

I ask you to restore my violated rights.

I attach a trace to the complaint. the documents:
1.
2. ...

"__" _____________ 200_y. _____________AND ABOUT. Surname

However, one should not forget that verification of an application can only be carried out formally: the contractor will not react to your complaint the way you would like, but will send you a "reply". “You shouldn't delude yourself and think that all problems can be resolved through a complaint,” warns Pavel Smyslov. “The Labor Inspectorate may not even see violations of the law on the part of the employer.” According to activity information state inspection labor in Moscow, taken from report on her work in the 4th quarter of 2007 it follows that 1947 complaints and other appeals of citizens were considered. From total of considered complaints and other appeals of citizens, only 502 applications were found justified.

Thus, the percentage of validity of statements in the reporting quarter was only 26%.

Indeed, there are many negative reviews about the work of the Labor Inspectorate on the part of those who applied. Complaints boil down to the fact that you have to defend huge queues, and no one helps in filling out applications or complaints.

Maxim Dombrovitsky explains that the Inspectorate is not obliged to help draw up a statement: “This is a government agency, not a legal consultation. The inspector is not obliged to tell you where to go, what to do, help write or draw up any documents. And for some reason, people waste time, stand in queues when you can send an application by mail or through the Internet, because it has absolutely the same status as submitted personally. "

“Sometimes, in order to get a government body to take specific measures, it is necessary to be not only legally savvy, but also to show persistence and a desire to prove one’s case,” sums up Pavel Smyslov.

Application to the prosecutor's office

Lawyer Andrei Gasiuta considers the most effective way to file a collective complaint to the prosecutor's office: “The prosecutor's office will instruct the Labor Inspectorate to carry out an inspection and put it under control. The inspectorate, in turn, will have to report on the progress of its actions and results within a month ”.

Most recently, Russian Prosecutor General Yuri Chaika ordered all his subordinates across the country to protect the population "in the social and economic spheres." In accordance with " Directions»The attorney general must take special control of enterprises that lay off workers. Pavel Smyslov believes that in the light of the release of this document, an appeal to the prosecutor's office with a complaint or an application against the employer should be effective, because in the minds of some people the word “prosecutor's office” is automatically associated with a prison, the Criminal Code, etc.

Sample application to the prosecutor's office

BABUSHKINSKY INTERDISTRIAL PROSECUTOR'S OFFICE
129301, Moscow, st. Boris Galushkina, 15

from full name
Passport series, number
issued:
Registered:
Mailing address:
Tel. House.
Tel. Mob.

STATEMENT

I, Ivanova Maria Ivanovna, worked at LLC Rada (INN / KPP 7716521416/771601001; legal address: 129281, Moscow, Vostochnaya st., 1, building 3; actual address: 123100, Moscow, st.

Makeeva, 1 more than __ months (from 10/01/2005 to 11/15/2008) in positions of ____________ with an official salary in the amount of ... and received ... rubles a month.

I ask you to prosecute general director LLC "Rada" Petrov Semyon Valerievich.

Appendix (copies):
1. Order of employment
2. Order of dismissal
3. Employment contract
4. Copy of your passport.

On the official website of the Moscow prosecutor's office there is SPECIAL FEEDBACK FORM through which you can send a message.
* Advice from Andrey Gasuta IF YOU ARE FORCED TO GET OUT
Now the most common form of violation is when an employee is forced to resign of his own free will. And most make a strategic mistake when they write it. Because if you wrote such a statement, did not withdraw it, and the dismissal took place, then this is not a violation of the law from a formal point of view.

And it doesn't make much sense to complain to the Labor Inspectorate or the court, as it is unlikely that one of them will help you. It is almost impossible to prove that you were forced to write this statement.

It makes little sense to record a provocative conversation with a boss or HR manager on a dictaphone, since it will be impossible to prove in court that the recording was made on such and such a day, that these are not separate compiled clippings, etc.

Alternatively, you can try to record evidence of the violation on a hidden video camera, and it is better in front of witnesses (for example, an employee who accidentally entered or overheard).

Another thing is when you do not succumb to the provocations of the employer, do not write an application of your own free will and you are fired at the initiative of the employer. In this case, it is easier to fight with the employer than if you wrote an application “of your own free will”.

Litigation

Going to court is a fairly effective way to fight for your rights. Most defense claims labor rights satisfied. “However, be prepared for the fact that the judicial path can be thorny and long,” warns Pavel Smyslov.

If you decide to defend your rights through the court, then immediately simultaneously submit applications to the prosecutor's office and the Labor Inspectorate. In any case, your appeal to these bodies at first will make the employer seriously nervous. “This can become a psychological attack on the employer, who, frightened by checks, will hasten to settle everything with you peacefully,” says Pavel Smyslov.

Sometimes it is enough just to negotiate a competent lawyer with an employer and submit a complaint to the competent authorities in order to resolve the conflict without a court. “After all, litigation is a rather long and costly process,” recalls Maksim Dombrovitsky.

Make sure you don't miss the deadline for filing your claim. According to Art. 392 of the Labor Code of the Russian Federation “an employee has the right to apply to the court for resolution of an individual labor dispute within three months from the day he learned or should have learned about the violation of his right, and in disputes about dismissal - within one month from the date of delivery of a copy of the order on dismissal or from the date of issue of the work book ”.

Pavel Smyslov believes that a correctly drawn up claim is the key to success in court: the text must be to the point, and each word must be supported by appropriate evidence. The missing evidence can be requested through the court: for this, petitions are being prepared. Ask the judge to grant requests to summon witnesses as well.

Be sure to clearly state your stated claims. If you disagree with the court decision, you can try to challenge it in stages up to the Supreme Court.

Paid legal assistance

“When an employee goes to court alone, unless the case is quite simple, he will not be able to effectively defend his rights against the employer's“ machine ”, - says Maxim Dombrovitsky. "He will still need an assistant who will effectively and legally defend his position in court."

Undoubtedly, professional lawyers will help to solve many problems: they will take on all the work on drafting complaints and statements of claim, help to navigate what evidence needs to be collected, what documents should be drawn up, ask the right questions in time, suggest how to answer correctly, etc. The moral burden on the plaintiff will be much less.

In order to assess the volume, complexity and prospects of the case, as well as to understand what kind of process you are facing, you can order a consultation by contacting any legal organization, a bar association, a law firm.

Maxim Dombrovitsky does not recommend chasing cheapness in such a matter and believes that you need to choose not the cheapest, but the weighted average option: it is necessary to undertake how the lawyer (or organization) will report to you on the work done, etc. ”.

Maxim says that initial communication with lawyers can be either paid or free:

Legal consultation, which tells you in stages what steps you should take, what you have to do, where you should go, what to write, how to act in the given circumstances, etc. Such a thorough consultation on the protection of labor rights (which may be quite enough for an independent solution of problems) from professionals costs on average 2,000 - 5,000 rubles.

Assessment of the situation when a lawyer reviews the documents you have, draws a conclusion about the prospects of the case and announces the cost of conducting the entire process. Such consultations are usually free of charge.

As for the total cost of services to protect the rights of an employee, it depends on the nature of the labor dispute. Pavel Smyslov explains: “If the employer owes you cash, then, most likely, the cost of services will be determined as a percentage of the resulting amount. The percentage is usually determined by negotiation and depends on the effort of the lawyer.

The lower price level in this case can be considered 10% of the amount of the claim, the maximum - 25%. " If there are no “monetary” issues in violation of your rights, then the cost of services will depend on the amount of work done by the lawyer and the term of work.

Free cheese

Maksim Dombrovitsky says that there are no free lawyers in Russia, although the law on the legal profession contains the corresponding clauses “on rendering assistance,” and so on. Nevertheless, we managed to find on the Internet a free Moscow City Center " Protection", Which specializes in helping in labor relations... The center's website states that all services are provided free of charge and include:

provision of free legal advice on labor law issues;

increasing the legal literacy of Muscovites in the field of labor relations;

preparation legal documents(statements of claim, complaints, petitions);

conducting civil cases in disputes arising from labor relations;

verification of collective agreements concluded in city organizations for their compliance with labor legislation.

Maxim Dombrovitsky is pessimistic about such legal assistance and believes that it cannot be effective: “I do not know of cases when municipal lawyers were effective and achieved something. This is enthusiasm, nothing more.

Very often this kind of help is half-measure. I believe that free cheese only comes in a mousetrap.

You have to pay for everything. "

Everyone has the right to decide who to turn to for help, but you need to clearly understand that even if a specialist deals with your problems, there is still no one hundred percent guarantee in a positive court decision. After all, the reason for the failure may not be the incompetence of a lawyer, but the banal inaction of the responsible state bodies, the biased consideration of the case by the court and other factors.

Marina Bodnar, Rabota.ru

The material is posted on the website HRM.RU

Application to the prosecutor's office for the employer - download a template, sample, form, form. year 2014.

If the employer violates the Labor Code and lacks actual assistance from the State Labor Inspectorate, the employee can personally apply to the prosecutor's office with a request to protect the violated rights. When contacting the prosecutor's office, the employee draws up an application to the prosecutor's office against the employer, in which he clarifies the fact of the violation.
The fact of violation of the Labor Code by the employer is considered:
1. Dismissal for no apparent reason.
2. Unjustified detention or refusal to pay: wages, vacation pay, compensation or benefits.
3. Penalties applied by the employer of their own free will without reinforcement or contrary to labor law.
4. Attempts to force the employee to comply labor duties beyond its scope job responsibilities or obligations stipulated by the collective bargaining agreement.
5. Wages are lower than the stipulated minimum wage.
6. Working conditions that do not correspond to the safety standards established for this production;
7. Discrimination during the period probationary period or when applying for a job.
8. Refusal to grant the employee the leave required by law.
9. Any other actions that infringe on the rights of the employee.

The prosecutor's office may require documents or evidence confirming the facts of violation by the employer of the Labor Code indicated by you - be ready to provide them. The best option- attach such documents to the application.
An application to the prosecutor's office for the employer is submitted at the place of registration of the enterprise.
A sample application to the prosecutor's office for the employer is on our website.

Protection of workers' labor rights

The brochure was developed by Elena Evgenievna Pleshko, Head of the Legal Department of St. public organization"Society for the Promotion social protection citizens of "Petersburg EGIDA"

Download brochure in PDF format >>>

Introduction.

In recent years, the number of violations by employers of workers' labor rights has sharply increased.

Strange as it may sound, however, often violations of labor laws are associated with the fact that employers simply do not know what rights employees have (for example, the organization is small and the staffing table does not provide for the position of a lawyer). In this case, the employee, as a rule, only needs to point out to the administration about the violation of the law and the employer corrects the mistake.

However, there are often cases when the administration is well aware of the labor legislation and, nevertheless, goes to violate it.

We sincerely hope that the law will not be violated against you, but if this does happen, it will be useful for you to know about the ways to protect your rights.

Be prepared for the fact that protecting your rights is not always easy: you need certain time, and going to different authorities is not easy.

However, workers who have already been able to restore their rights are advised not to leave violations unpunished. After all, the uncomplaining "humility" of the employee gives the employer a feeling of his own impunity, and this, alas, means that rights will be violated more and more often.

In this brochure, we have reviewed the most common violations of workers' rights, as well as talked about effective ways protect their rights.

The text of the brochure is based on the labor laws and is accompanied by comments on how these norms work.

1. Failure to pay wages.

Employees are faced with non-payment of wages, perhaps, most often. Of course, no one is immune from this violation, but it is in your power to reduce its possible risk.

Be very careful when applying for a job. Before signing employment contract, be sure to read it (if possible, show the contract to a lawyer). Pay particular attention to your labor function and on the amount of wages, since in practice there are cases when the conditions announced at the interview are strikingly different from those that are then included in the employment contract (for example, instead of the salary of 20,000 rubles, 10,000 rubles are indicated).

In addition, the employee must exercise caution in the following cases: - he is offered "black" wages (that is, wages that are not withheld taxes); - or they set a small salary and big bonuses.

Keep in mind that in the first case (that is, if you have a "black" wage), the amount of benefits for temporary disability, for pregnancy and childbirth, for caring for a child up to 1.5 years old, "vacation pay" will be calculated based on " white "salary.

In addition, at the slightest conflict with the employer, you run the risk of receiving only the “white part” of the salary and hearing a laconic sentence: “Don't you like it? Quit! " It is extremely difficult to prove the size of the "black" wage, because it is the "white" wage that is prescribed in the employment contract, indicated on the payroll, and transferred to the employee's bank account.

In the second case, it is highly likely that you can only be paid your salary. Often the conditions of bonuses are indicated by the employer very vaguely, which allows him not to pay the bonus to an “unwanted” employee.

It is advisable for everyone to familiarize themselves with the conditions and procedure for paying the premium. They can be spelled out in various acts of the organization: Regulation on bonuses, Regulation on remuneration, Collective agreement, etc.

Thus, both in the case when the employee is set "black" wages, and in the case of large bonuses with a small salary, the employee becomes vulnerable, completely dependent on the will of the employer. At the slightest conflict, there is a possibility that he will be paid only "white" salary / salary (no bonus) and the employee will have to defend his rights in a complex litigation.

However, situations are not uncommon when workers are not paid even "white" wages / salaries.

What if the employer does not pay wages?

1. Require the employer to pay interest ( monetary compensation) for each day of delay in wages, starting from the next day after the due date for payment to the day of actual settlement, inclusive. However, the amount of this compensation is small.

Where N is the amount of unpaid wages, M is the number of days of delay.

For example, you were delayed in payment of 10,000 rubles for 10 days.

Cash compensation: 0.0775 x 1/300 x 10.000 rubles. x 10 days = 25.8 rubles.

2. In the event of a delay in the payment of wages for a period of more than 15 days, you have the right to suspend work until the payment of the delayed amount1.

However, before suspending work, be sure to notify the employer in writing (you should have a statement in your hands, with a note that the employer received it).

3. If you are paid less than half of your salary for more than 3 months, or if you are not paid in full for more than 2 months, you can write a statement to open a criminal case to the district investigation department of the Investigative Department of the Investigative Committee under the Prosecutor's Office of the Russian Federation. If the head of the organization did this out of selfish or other personal interest, it is possible to bring him to criminal responsibility.

4. If your organization has a union, be sure to contact it. Protection of workers' rights is his main task!

5. You can file a complaint with the State Labor Inspectorate, the Prosecutor's Office and / or a statement of claim in court. For more details, see Section 6.

2). Failure to pay benefits for pregnancy and childbirth, for caring for a child under 1.5 years, a lump sum at the birth of a child.

Among the violations of the social and labor rights of workers, a special place is occupied by employers' failure to pay benefits for pregnancy and childbirth, childcare up to 1.5 years, and a lump sum at the birth of a child.

In our opinion, frequent non-payment of these benefits is associated with imperfect legislation, which provides that the payment of benefits is not made directly by the Social Insurance Fund of the Russian Federation (FSS RF), but by employers, who then, in turn, "compensate" for payments at the expense of the FSS of the Russian Federation. Obviously "superfluous" paper work and the time it takes to reimburse benefits pushes many unscrupulous employers to forget about their obligation to pay benefits. As a result, a woman who has given birth becomes a "hostage" of this situation, she has to fight for the undisputed benefits provided by the state.

In this case, 2 possible situations should be distinguished:

1). The organization continues to work, but for one reason or another, benefits are stopped.

2). The organization "disappears", that is, it exists only on paper, you cannot find it at the addresses you know, there is no property or bank account, your colleagues are dismissed after being transferred to other firms.

The first situation, of course, is very unpleasant for you, much easier. As in the case of non-payment of wages, you can write a complaint to the State Labor Inspectorate, the district prosecutor's office at the employer's legal address, or file a claim in court.

In addition, we recommend that you also contact Government agency- The regional branch of the Social Insurance Fund of the Russian Federation (GU - RO FSS of the Russian Federation) in your region, since its responsibilities include monitoring employers' compliance with legislation Russian Federation on compulsory social insurance in connection with maternity upon payment of insurance coverage.

The second situation, unfortunately, occurs in recent times more often. Unfortunately, there are often cases when neither the State Labor Inspectorate, nor the Prosecutor's Office, nor the Federal Security Service of the Russian Federation are able to find the missing company.

However, in no case should you give up.

There is positive examples when employees were able to recover unpaid benefits. For example, 4 workers of a large sewing factory men's clothing were on parental leave.

At that time, 700 of their colleagues were dismissed for transfer to another company, the organization “disappeared”, neither the inspection nor the prosecutor's office could find it. Having received a positive court decision on the recovery of benefits, the women turned to the bailiff service.

As a result, the victims managed to receive most of the benefits.

It is important to note that, in accordance with the law, if it is impossible for the employer to pay maternity benefits or monthly childcare benefits due to insufficient funds in the account with a credit institution, the appointment and payment of these benefits are carried out by the territorial body of the insurer (for example, in St. Petersburg, this is GU SPB RO FSS RF).

However, in order to pay benefits directly, the FSS of the Russian Federation requires a number of documents, which in most cases the woman who gave birth does not have. As a result, the woman is denied benefits.

Even if you are absolutely confident in your employer, we recommend that you before leaving for maternity leave take in the personnel department duly certified copies of the following documents (even if they are not useful to you, than you will later regret not receiving them):

Employment history,

Labor contract,

Order on granting maternity and childcare leave,

Certificate of average salary, from which the maternity allowance and the monthly childcare allowance are calculated.

Help on f. 2-NDFL.

3. Coercion to dismiss "of their own free will."

Often, unscrupulous employers offer the "unwanted" employee to quit "of his own free will."

As a rule, this happens when the employer understands perfectly well that he has no legal basis for dismissal (for example, dismissal of a pregnant woman at the initiative of the employer is allowed only in the event of liquidation of the organization or the termination of activities by an individual entrepreneur), however, for one reason or another, he wants to get rid of from the employee. In this situation, having a letter of resignation “of their own free will” is the best option for the employer.

It's good if you have already found a decent job, and talking with your manager only confirmed you in the thought of changing jobs. However, situations are possible in which termination of an employment contract entails the loss of the only source of income for a long time.

Therefore - do not rush to write a letter of resignation "of your own free will."

Remember: such a dismissal is almost impossible to recognize in court as illegal, because the duty to prove that the employer forced him to file a resignation letter of his own free will rests with the employee. It is extremely difficult to do this in view of the fact that such conversations almost always take place in the absence of witnesses. And if any of your colleagues accidentally hears that pressure is being exerted on you, be prepared for the fact that in the court session he may say that he does not remember anything like that.

What should an employee do if he refused to write a letter of resignation "of his own free will"?

First of all, be prepared for the fact that, without receiving an appropriate application, the employer will most likely look for an opportunity to fire you. Do not give the employer a reason for this: do not be late for work (even if your colleagues are sometimes late with impunity), do your job in good faith. Needless to say, there can be no talk of any verbal agreements with the administration on the provision of time off, unpaid leave, or going to work outside of your shift!

Most often, the administration "forgets" about this agreement and fires the employee for absenteeism.

Trying to find out why the employer wants to "get rid" of you will not be superfluous. You may be able to resolve the conflict situation.

For example, there was a case when pressure on an employee was carried out by the immediate superior. After writing memo to a superior manager, the pressure on the employee has ceased.

If your organization has a trade union, be sure to contact it, because protecting the rights of workers is its main task.

Are you not ready to continue your employment relationship? Then offer the employer to terminate the employment contract by agreement of the parties.

In the agreement, which must be drawn up in writing (one copy must remain in your hands), you can prescribe, for example, the date of dismissal convenient for you, the payment of severance pay. If the organization is genuinely interested in firing, the terms you propose will be agreed upon.

In practice, it is not uncommon for a dismissed employee to be paid a very significant severance pay.

3. Unlawful dismissal.

One of the most serious violations of labor laws by employers is illegal dismissal.

The list of grounds for terminating an employment contract, as well as the procedure for dismissal, is contained in the Labor Code of the Russian Federation. However, very often employers do not pay due attention to compliance with the law, which can be used by an employee to protect his rights.

What violations during dismissal occur most often in practice?

1. Absence of grounds on which the order to terminate the employment contract is based. For example, the dismissal of an employee for absenteeism, which he did not commit. Or the dismissal of an employee of his own free will in the absence of such statements from the employee.

2. Violation of the dismissal procedure by the employer. The procedure for terminating an employment contract depends on the grounds for dismissal and is spelled out in the legislation. For example, upon dismissal due to staff or staff reduction, it is necessary to notify the employee about dismissal against signature 2 months in advance, offer another existing job, consider whether he has preemptive right to stay at work, etc.

3. Dismissal of an employee in violation of the statute of limitations for the imposition of a penalty, as well as in the event that the employee has already been brought to disciplinary responsibility for the committed misconduct. For example, for absence from the workplace for more than 4 hours, the employee was first reprimanded and then fired.

4. Dismissal of a pregnant woman at the initiative of the employer 2.

Of course, each situation is different, so it's good if you have the opportunity to seek advice from a qualified lawyer or your trade union.

If the court recognizes the dismissal as illegal, the employee is subject to reinstatement at his previous job. (It is possible to change the wording of the grounds for dismissal for dismissal of their own free will without reinstatement at work or be limited to the requirement to recognize the order of dismissal as illegal).

In addition, the employer will have to pay the dismissed employee wages for the period of forced absenteeism (from the moment of dismissal until the decision is made by the court), compensation for moral damage and legal costs incurred. That is, it is "unprofitable" for the employer to illegally dismiss the employee.

Meanwhile, in practice, illegal dismissals are very common. Employers take this "risk" in the expectation that the employee is unlikely to go to court. And if he decides to defend his rights, he will probably miss the deadline for going to court and, therefore, will lose the case.

Therefore, if you were unlawfully fired, immediately go to court! For more details on the procedure for going to court, see Section 6.

6. Mechanisms for the protection of violated rights.

There are the following mechanisms for the protection of violated rights:

1). Submitting a complaint against the employer to the district prosecutor's office (at the legal address of the organization).

The Prosecutor's Office of the Russian Federation oversees the implementation of the legislation, therefore, in case of violation by the employer of labor legislation, you can write a complaint to the district prosecutor's office.

Do not forget, in addition to the name of the state body you are applying to, indicate:

Your last name, first name, patronymic, address of residence,

Name and address of the organization,

- if possible, describe in detail the violation of the law that you have encountered (while referring to the articles of the law is optional),

Date and signature.

If a violation is found, the prosecutor's office will issue the organization with a submission to eliminate the violation, which it must comply with.

2). Writing a complaint against the employer to the State Labor Inspectorate. The most important function of the inspection is to monitor compliance with labor laws.

The inspectorate has the right to conduct inspections, examinations, issue binding instructions to employers and bring them to administrative responsibility in case of violation of labor legislation.

The administrative fine for violation of labor laws is not very large. On officials it ranges from 1,000 to 5,000 rubles; for persons engaged in entrepreneurial activities without forming a legal entity - from 1,000 to 5,000 rubles; for legal entities - from 30,000 to 50,000 rubles. 3

However, payment of the fine does not relieve the offender from the obligation to comply with the inspection order. Moreover, for failure to comply with set time prescriptions also established administrative responsibility.

If you believe that labor laws have been violated against you, please contact the labor inspectorate with a complaint.

The complaint must contain the same information as the complaint to the prosecutor's office, mentioned above.

Both government bodies consider the appeal within 30 days from the date of its registration. In exceptional cases, it is allowed to extend this period for another 30 days (you must be notified of the extension). You will receive a written answer on the merits of the questions you have asked.

3). Submission of a statement of claim to the court.

The most common and most effective way to resolve labor rights is through judicial protection.

It is important for an employee to remember a few simple rules:

1. It is not worth delaying the appeal to the court, since the legislation sets very short deadlines for filing a statement of claim.

So, in disputes about dismissal, an employee has the right to go to court within one month from the date of familiarization with the order of dismissal or issuance of a work book. In other individual labor disputes, the employee has 3 months to file a statement of claim from the moment he learned or should have learned about the violation of his right. For example, in the event of non-payment of wages, the period starts to run from the date on which it should have been paid.

Remember that if you miss the deadline for going to court, the court will accept the statement of claim. However, if the employer declares that the deadline has been missed (do not hesitate, he will most likely do so), and you do not have a valid reason to recover it (for example, illness), you will lose the case.

2. The defendant in the case will be your employer, that is, the organization in which you worked. It is impossible to indicate your former manager as a defendant!

3. All labor disputes (with the exception of cases on the recognition of a strike as illegal, which fall within the jurisdiction of the court of a constituent entity of the Russian Federation) are considered by district courts at the location of the defendant.

In this case, the location of the organization is the place of its state registration ("legal address"). Usually the legal address of the organization is indicated in the employment contract.

You can check if the legal address of your employer has changed on the official website of the Federal tax service RF: www.nalog.ru... To do this, in the section " state registration and accounting of taxpayers "you should see" information about legal entities entered in the Unified State Register of Legal Entities (publication) ”.

If you worked in a branch or representative office, you can file a claim either at the legal address of the organization or at the location of the branch (representative office).

4. When applying to the labor court, the employee is not required to pay a state fee.

5. It is important to note that according to the law, the prosecutor has the right to apply to the court in defense of the violated labor rights of the employee, if you submit a corresponding application (you should contact the district prosecutor's office at the employer's legal address). At the same time, your financial position, age, health status and other factors do not matter. It seems that an employee faced with a violation of the law will feel much more confident with the support of the prosecutor's office.

However, do not forget about the time frame for going to court. If you do not have time to apply to the prosecutor's office, file a statement of claim in court yourself.

6. An employee can ask the court not only to restore the violated right, but also to recover from the employer compensation for moral damage in case of any violation by the employer of labor legislation (for example, in case of illegal dismissal, delayed wages, etc.). It follows from our practice that the courts collect from 500 to 100,000 rubles in favor of employees as compensation for moral damage.

Unfortunately, not all employees can apply for qualified legal assistance. You can draw up a statement of claim yourself, but pay attention to the requirements for the form and content of this document.

So, the statement of claim is submitted to the court in writing.

In it, the employee must indicate:

1) the name of the court to which the statement of claim is submitted;

2) The name of the plaintiff, his place of residence (the plaintiff is an employee);

3) The name of the respondent, his place of residence or, if the respondent is an organization, its location (the respondent, as already mentioned, is your employer);

4) What is the violation or threat of violation of the rights, freedoms and legitimate interests of the plaintiff and his claims;

5) the circumstances on which the plaintiff bases his claims, and the evidence confirming these circumstances;

6) The price of the claim, if it is subject to assessment, as well as the calculation of the recovered or disputed sums of money;

7) List of documents attached to the application.

The statement of claim must be signed by the plaintiff.

The employee must attach to the statement of claim:

Copies of the statement of claim in accordance with the number of defendants and third parties (in labor disputes, third parties are rarely involved);

Documents confirming the circumstances on which the plaintiff bases his claims (for example, a copy of the dismissal order, pay slips, a copy of the work book, etc.), copies of these documents for the defendants and third parties, if they do not have copies;

Calculation of the recovered or disputed sum of money signed by the plaintiff with copies in accordance with the number of defendants and third parties.

Most employees prefer to file a complaint with the prosecutor's office or the State Labor Inspectorate, rather than with a statement of claim in court, since it is much easier to write a complaint than a lawsuit. In addition, the period for consideration of a complaint by the inspectorate and the prosecutor's office is 1 month, and the trial may drag on for many months.

Which method of protection you choose, decide for yourself, we will give you the following recommendations:

a) the inspectorate and the prosecutor's office should be contacted as soon as possible after the discovery of a violation, so that in case of disagreement with the decision there was also time to go to court within the established time limit;

b) you should first go to the inspection, and then to the court, because the inspectorate does not consider issues that are pending before the court, or on which a court decision has been made;

c) if the deadline for going to court is missed, and good reason to restore it is not available, you should contact the inspectorate and the prosecutor's office.

d) inspectors of the state labor inspectorate are not entitled to interrogate witnesses, warning them about criminal liability. Therefore, you should contact the inspectorate when the violation is obvious and the questioning of witnesses is not required. For example, delayed payment of wages, failure to issue a work book, etc.

APPENDIX No. 1 (sample statement of claim)

Plaintiff: Ivanova Maria Petrovna

Defendant: LLC "Romashka"

Address: St. Petersburg, st ..., d ...

Cost of claim: 20328, 84 rubles, compensation for moral damage: 100,000 rubles.

STATEMENT OF CLAIM

On reinstatement at work, collection of wages for the period of forced absence from work and compensation for moral damage

I, Ivanova Maria Petrovna, from April 26, 2005 worked in LLC "Romashka" as a chief accountant.

By order of September 7, 2010 No. 35 / K, I was dismissed under subparagraph "a" of paragraph 6 of part 1 of article 81 of the Labor Code of the Russian Federation (for absenteeism).

I consider the dismissal to be illegal on the following grounds:

1. In accordance with article 193 Labor Code RF (hereinafter referred to as the RF Labor Code), before application disciplinary action the employer must request a written explanation from the employee. If after 2 working days the specified explanation is not provided by the employee, an appropriate act is drawn up.

The defendant did not ask me to provide a written explanation. Consequently, the procedure for imposing a disciplinary sanction was violated.

2. In accordance with Art. 261 of the Labor Code of the Russian Federation, termination of an employment contract on the initiative of an employer with pregnant women is not allowed, except in cases of liquidation of an organization or termination of activities by an individual entrepreneur.

At the time of my dismissal, I was pregnant, which is confirmed by a medical certificate dated August 15, 2010. On August 16, 2010, I handed over a duly certified copy of this certificate to the defendant, therefore, the employer knew about my pregnancy.

Thus, my dismissal is illegal.

3. In accordance with Art. 394 of the Labor Code of the Russian Federation, in the event that dismissal or transfer to another job is recognized as illegal, the employee must be reinstated in his previous job. Since my dismissal was made in violation of the law, therefore, I am subject to reinstatement at work from September 08, 2010.

4. In accordance with Art. 234 of the Labor Code of the Russian Federation, the employer is obliged to reimburse the employee for the earnings not received by him in the event of his illegal dismissal.

Consequently, wages for the entire time of the forced absence from September 08, 2010 until the day the court made the decision (according to the attached calculation) is subject to recovery from the defendant.

5. According to Art. 394 of the Labor Code of the Russian Federation, in cases of dismissal without a legal basis or in violation of the established procedure for dismissal or illegal transfer to another job, the court may, at the request of the employee, make a decision to reimburse the employee for monetary compensation for moral damage caused to him by these actions. The amount of this compensation is determined by the court.

I was dismissed on a defamatory basis for absenteeism. Consequently, my dismissal defamed business reputation... In addition, I experience moral suffering in connection with the loss of the only source of income and the inability to provide for myself normal living conditions.

I feel resentment, disappointment, I feel defenseless against the tyranny of the employer.

Consequently, compensation for non-pecuniary damage is subject to recovery in my favor, the amount of which I estimate at 100,000 rubles.

Based on the foregoing and in accordance with Art. Art. 391-395 of the Labor Code of the Russian Federation, 131, 132 of the Civil Procedure Code of the Russian Federation,

1. To reinstate me, Ivanova Maria Petrovna, at work in Romashka LLC as a chief accountant since September 08, 2010;

2. To collect from LLC "Romashka" in favor of Ivanova Maria Petrovna wages for the time of forced absence from September 08, 2010 to the day of the decision (in accordance with the submitted calculation);

3. To collect from LLC "Romashka" in favor of Ivanova Maria Petrovna compensation for moral damage in the amount of 100,000 rubles.

APPLICATION:

1) A copy of the statement of claim for the defendant.

2) Calculation of wages for the time of forced absenteeism - 2 copies.

3) A copy of the order for employment from 26.04.2005 No. 20 / K (the defendant has it).

5) A copy of the order to terminate the employment contract dated 07.09.2010 No. 35 / K (the defendant has it).

6) Copy of the work book of Ivanova Maria Petrovna - 2 copies.

7) Copies of pay slips from September 2009 to August 2010 (the defendant has it).

APPENDIX No. 2 (sample calculation of claims):

To the Moskovsky District Court of St. Petersburg

Plaintiff: Ivanova Maria Petrovna

Address: St. Petersburg, st ..., d ..., apt ...

Defendant: LLC "Romashka"

Address: St. Petersburg, st ..., d ..., apt ...

Salary for the time of forced absenteeism

Despite the fact that the legitimate rights and interests of workers are protected by the norms of labor legislation, situations often arise when the employer violates these norms and thus,.

The employer does not always knowingly violate the employee's rights

The most common violations of labor rights include, inter alia:

Refusal to pay legally established benefits and compensations.
Unjustified reduction in the size of wages through the use of unlawful penalties.
Refusal to provide.
Non-observance of safety precautions.
Deteriorating conditions for implementation labor activity.

Both the aforementioned and other kinds of violations of legislative provisions, systematically committed by the employer, are the basis for the employee to apply for the protection of his labor rights to such competent authorities as the State Labor Inspectorate or the Prosecutor's Office.

Competence and interaction

Application to the prosecutor's office for the employer: sample

The State Labor Inspectorate is a special body that controls legal relations arising in the labor sphere, but it is not such a body, however, due to the powers granted to it by the Constitution and special legislation, it is endowed with the right:

To identify and suppress certain violations of the law, regardless of the area in which they were committed.
To issue special acts of the prosecutor's response, which are binding on all individuals and organizations.
Bring the perpetrators to justice, including those of a criminal nature.

Thus, the general supervision carried out by the prosecutor's office also affects legal relations related to the implementation of labor activities. Accordingly, the employees of the prosecutor's office include the consideration of applications received from employees regarding the violation of their labor rights and the application of all the measures of the prosecutor's response required by the current circumstances.

Both of the aforementioned bodies carry out fairly close cooperation in the field of ensuring the protection of labor rights. So, if, in the course of their activities, employees of the State Labor Inspectorate discover violations of labor legislation that fall under criminal responsibility, the prosecutor's office is immediately notified of this. In turn, when considering those sent by employees, the prosecutor's office involves employees of the State Labor Inspectorate as experts.

Application to the prosecutor's office - structure

Delayed wages are the most common violation on the part of the employer

In order to initiate proceedings on the fact, the employee is obliged to apply to the prosecutor's office with a corresponding statement, which is written in free form, but with a statement of all the information required to conduct a comprehensive check and apply the necessary measures to the employer.

The application is drawn up in handwritten or printed form and consists of three unique elements such as:

Introductory part
Descriptive part
The operative part

The introductory part indicates such mandatory data as:

Requisites of the prosecutor heading the territorial body of the prosecutor's office (surname, initials, class rank).
Address territorial body prosecutors.
Applicant's details (full name, residence address, contact phone number).

The descriptive part must contain comprehensive information related to the immediate essence of the statement, namely:

The name and address of the employer's location.
applicant with this employer.
A chronologically consistent statement of the facts and actions taken by the employer that subsequently led to the violation of the applicant's labor rights.
References to regulations that have been violated.
Links to documents confirming the facts of violation of labor rights.
Data on appeals to the employer with demands to eliminate the violations of the applicant's rights (if any).

The operative part sets out the applicant's requirements to conduct a comprehensive check against the employer and, depending on its results, apply such measures of the prosecutor's response provided by the law as:

Submitting to the employer a submission on the elimination of violations of the labor legislation.
Sending inspection materials to the State Labor Inspectorate to attract the employer to an administrative nature.
Initiation of a criminal case against the employer.
Contacting Judicial authority with a claim to protect the rights of the applicant.

If the applicant, for a number of reasons, does not want to become aware of his complaint to the prosecutor's office, at the end of the operative part, he must make a note that the dissemination of information about him is undesirable. Prosecutors, by virtue of the law, have no right about applicants whose labor interests have been violated, and are obliged to conduct checks in such a way that information leakage is completely excluded.

A complaint to the prosecutor's office (statement) - an example of drawing up in a video:

More about the statement

The appeal, drawn up in accordance with the above recommendations, is certified by the applicant's handwritten signature and the date indicating the date of the application, not drawing up. The application must be accompanied by the documentation mentioned in the descriptive part (contracts, receipts and debit orders, etc.), which confirms the facts of violations of labor legislation committed by the employer.

It is necessary to submit documents certifying the fact of the applicant's employment with the employer, namely: a copy labor contract, The order of acceptance to work, employment history(extract from it), etc.

The list of attached documents is indicated at the end of the operative part of the statement. It must be numbered and contain the full name of the documents, indicating the number of copies and sheets. It should be noted that the legislation establishes an alternative jurisdiction for the consideration of complaints against the employer. In this connection, the application can be sent either to the prosecutor's office located by the applicant or to the prosecutor's office located at the location of the administration of the organization or its production complex.

A properly executed application can be sent to the prosecutor's office in the most appropriate way for the applicant, for example, such as:

At a personal meeting with the relevant prosecutor.
Directly through the office of the prosecutor's office with the registration of the incoming number.
By postal service by sending a valuable letter with a list of attachments, or registered letter with return acknowledgment of receipt.
V in electronic format through a special Internet service on the official website of the Prosecutor General's Office.

So, the proper drafting of a complaint to the prosecutor's office against the employer does not present any particular difficulty if you follow the above recommendations. Filing such a complaint is a fairly effective way to ensure the effective and best interests of the employee.

Each person may face a violation of their rights by the management of a commercial or government organization in which he works. If such a situation arises, a staff member has the right to defend his interests by filing a complaint against the employer with the prosecutor's office.

Such an appeal will be checked without fail; upon confirmation of violations, the management of the enterprise will be involved in administrative responsibility.

How to draw up and serve correctly

When drawing up a complaint to the prosecutor's office individual must take into account the requirements of Federal legislation regarding the rules for processing and submitting documents.

Employees are allowed to make an appeal both in writing and to use computer technology to file a complaint.

It should be noted that in recent years, many subjects entrepreneurial activity switched to electronic document management.

As a result state structures accept correspondence from them by e-mail. But with this form of sending, it must be observed basic requirement- the presence of an electronic digital signature on the documents.

When to write

Complain about the management of a business or government organization, or individual entrepreneur workers can for any violation of their rights:

Wages are not paid, their calculation is incorrect.
The working day has been unreasonably extended.
Money is not paid for work in holidays, weekend, overtime.
Unlawful dismissal or transfer to another site.

What you need to know about the prosecutor's office and the State Labor Inspectorate

Individuals can complain about the actions of their superiors not only to the prosecutor's office, but also to the State Labor Inspectorate. In this case, they will also have to file a complaint, after which they will be assigned organization check.

If the specialists of the State Inspectorate find the elements of a crime in the actions of the leadership, they, on their own initiative, will make an appeal to the prosecutor's office. The verification process may take within 2 months... After that, the person who sent the complaint will be informed about the result of the check and the decision taken regarding the violators.

It should be noted that if the results of the inspection carried out by the employees of the State Inspectorate or the local prosecutor's office do not satisfy an individual, he has the right to file a complaint with a higher authority... To do this, the employee must have good reason... For example, an employee of the State Inspectorate deliberately delayed the timing of the inspection.

Also, the refusal of an employee of the local prosecutor's office to report the results of the verification of the appeal may become the basis for a complaint to a higher authority.

Nuances of competence and formalities

The prosecutor's office may be submitted anonymous complaint if the employee is afraid of reprisals from the management. He should draw up a standard application form, which will lack his personal and contact information. After that, you should either personally take the document to the department, or send it there by mail.

Wherein there is one nuance to consider... Anonymous appeals will be considered only if they indicate a committed crime. In this case, an employee to whom the management does not pay wages can anonymously apply to the department, referring to, which indicates that non-payment of wages has all the signs of a crime.

If an individual decides to send a complaint to the management to the email address of the prosecutor's office, then it may not be accepted for proceedings, since it will absent digital signature ... To exclude this scenario, employees must send documents in traditional and proven ways:

The complaint should be made in duplicate... If the appeal is to be made in person, then on the second form, the prosecutor's office officer must affix a stamp of acceptance. If the documents will be sent by mail, then the proof of receipt of the complaint will be a notification in which the employee of the department will put the date and signature.

It is worth noting that if an employee does not know how to draw up a document correctly, he should seek the help of a lawyer.

Before filing a complaint, an individual must find out the exact address of the prosecutor's office located in his area and the name of its leader. This data will be needed for registration document headers, in which you will also have to indicate your full name, TIN and registration address. You should also enter your phone numbers, by which an employee of the department can contact and clarify questions of interest.

V the main body of the complaint the employee must state the essence of the problem in his own words. He should not express too emotionally resentment about the misconduct of management. Lawyers recommend very specific description of the facts that take place.

In the event that several violations were committed by the authorities, they should all be stated point by point. It is worth noting that all the stated facts of violations must be documented, otherwise they will be considered as an unfounded accusation. Also, the complaint should indicate the wishes regarding the measures of influence that will be taken to the management upon confirmation of the violations committed.

V end of complaint the attached documentation should be listed. It is worth noting that copies of documents and certificates should be submitted to the prosecutor's office, and all originals must be kept at home, in a separate folder. They may later be needed to draw up a statement of claim to the court.

Required documents

An individual should collect following documentation:

Explanatory notes that were written to the name of the management.
Information on the form 2-NDFL.
Vacation application.
Testimony of witnesses.
Salary sheets.
Labor agreements, etc.

What is normative consolidation

In the document, an individual must, in addition to violations committed by his management, indicate regulations regulating these issues.

He should take extracts from the relevant laws and rewrite them into a statement, while taking into account that when specifying an article or legislative act, it must be deciphered.

Terms of consideration

Federal legislation sets the deadlines for applying for citizens whose rights have been violated by employers. After the violation has been committed, the complaint must be submitted to the appropriate state authority. within 3 months.

In some cases, for example, in case of illegal dismissal, the limitation period can be reduced up to 1 month... If an employee appealed to the prosecutor's office within a year from the moment a two-month wage arrears arose, then a criminal case will be initiated after the application is accepted for work.

Special categories of applications

Depending on what kind of violation of the rights of a staff member was committed by the employer, a complaint will be made to one or another state authority.

Also, employees of the organization can cooperate and submit to the department collective statement to hold the management accountable, which must be considered within the time frame established by law.

How to write a complaint correctly? The answer to the question is in this video.

Where to complain about an employer. What to do if the employer regularly breaks the law and where to complain? Learn about ways to protect your labor rights and which authorities you need to contact.

What if your employer regularly breaks the law? How to resist the arbitrariness of the authorities? Let's figure out what are the ways to protect your labor rights and which authorities you need to contact. Employees of a number of companies and institutions often face violations by their management.

(click to open)

Where to complain about an employer, let's look at the current material. The most common cases of neglect of the law include the following:

Employees whose interests are violated by the unfair actions of the administration have questions about where to complain about the employer in order to oblige him to comply with the law. There are several ways to accomplish this. The effectiveness of each of them depends on the specific situation.

The opportunity to complain about the employer is not only available to current employees, but also to those previously dismissed. An example is the situation when employees who left companies are not rewarded based on the results of the previous year, in violation of internal situation about these payments.

Preliminary settlement

Before going to court, or the prosecutor's office, you must try to resolve the disputable situation through direct negotiations with the company's management. This procedure is optional, but it will make it possible to clarify the position of the administration, or to achieve satisfaction of requirements without a long wait.

The application to the employer is drawn up in writing and transmitted through the office. The document must be issued in 2 copies. An employee of the office must put a mark on acceptance and return 1 of them to the applicant.

If the administration ignores the appeal, it is necessary to move on to other ways of solving the problem.

Often there is a human factor behind many violations: accounting employees may incorrectly calculate earnings, vacation pay or other payments. Most of these situations can be resolved by contacting them, and the employer will not be required to contact government agencies.

It is useful to know what it is about providing services.

How to complain to the labor inspectorate about an employer

One of the ways to force the administration to comply with the requirements of the law is to contact the labor inspectorate. Its subdivisions are in all major settlements... There are several ways to complain about an employer to the labor inspectorate:

By visiting this authority in person.
By sending the text of the application by mail.
by filling in special form on the website of the labor inspectorate.

All these methods are equivalent and oblige this body to respond to the appeal.

The inspectorate is obliged to inform the applicant about the measures taken within 30 days from the date of receipt of the complaint. During this period, an audit is carried out and the issue of bringing the employer to administrative responsibility is resolved. If violations do occur, then the company will be punished. In order not to suffer repeated punishment, the administration, with a high probability, will satisfy the employee's requirements.

It is possible that a complaint to the labor inspectorate does not solve the employee's problem. For such situations, the possibility of inaction of this body in the higher structure of the Ministry of Labor, the prosecutor's office or through the court is provided.

By the way, you knew that only with his written consent.

How to issue an application to the labor inspectorate

The current rules do not regulate the requirements for the text of the appeal, but it is advisable to follow several recommendations. Before filing a complaint with the labor inspectorate, you must make sure of the following:

in indicating the correct addressee (it is the subdivision located at the location of the employer);
in the inclusion of all data about the applicant (full name, home address, Email and phone);
in the correct statement of the essence of claims to the employer;
full availability of additional written materials;
if the employee does not want his data to be disclosed to the employer, it is worth including a request for confidentiality.

If the document meets the specified requirements, it will speed up the verification process.

An employee can use a sample complaint to the labor inspectorate posted on online portals dedicated to the relationship between the employee and the administration. In the form of a document, it will be enough to replace personal information, data of the addressee and state the essence of the problem.

If the applicant applies through the website of the labor inspectorate, this will simplify the task. It will be enough to fill in all the blank fields and the complaint will be considered.

Oral appeals or anonymous statements will not have the desired effect. To start an employer verification, Labour Inspectorate must have reliable information from a specific person, set out in writing.

Complaint to the prosecutor's office against the employer

To an unscrupulous employer? Another way to achieve protection of the employee's rights is to appeal to the prosecutor's office. Its subdivisions are located in every city or district. Prosecutorial supervision involves monitoring compliance with the law in any area, including labor relations.

Contacting this structure will be effective when it comes to issues related to the possibility of bringing the employer to criminal liability. First of all, we are talking about cases of non-payment of earnings. A complaint against an unscrupulous employer filed with the prosecutor's office can lead to a number of consequences.

has the right to initiate administrative proceedings against the employing company.
This body can initiate a criminal investigation against the management of the firm.
The prosecutor's office has the right to issue binding orders on the elimination of violations in the labor sphere.
In some situations, this structure represents the interests of citizens, including employees, in the courts.
When a matter falls within the purview of other authorities, the company employee will be told where to go to file a complaint against the employer.

If the application was submitted to the labor inspectorate, this does not deprive the citizen of the right to simultaneously apply to the prosecutor's office.

If the employer violates the rights of his subordinates, which the labor inspectorate is unable to eliminate, the only way out will be to appeal to a higher law enforcement agency, namely, the prosecutor's office.

In this article, we will answer the following questions: what can be the basis for filing a complaint against an employer with the prosecutor's office? what are the features of the procedure for drawing up and submitting an application? what does the sample statement look like? Read on.

Grounds for filing a complaint

The basis for filing a complaint against the employer may be a violation by him of the labor rights of his subordinates, prescribed in the Labor and Civil Code RF.

If an employee notices that the employer is violating his rights, he has the right to resolve the situation by contacting one of the following authorities:

Directly to the head of the institution in which he is employed. If, in the process of transferring a complaint, the subordinate announces specific articles of the Labor Code of the Russian Federation, which confirm the fact of violation of labor law, the likelihood of resolving the situation at this stage will increase several times;
To the labor inspectorate;
To the prosecutor's office;
To the court;

The last three instances deal with the consideration of a specific list labor violations.

Read more about the resolution of which labor violations the prosecutor's office deals with.

Jurisdiction of the prosecutor's office

An employee has the right to complain about the employer to the prosecutor's office in the following cases:

If the employer often delays payment of wages or misses them altogether;
If the employer unreasonably reduces the amount of the employee's salary without notifying him of this in writing (with the provision of a reason);
If the boss forces the subordinate to work in excess of the time established by the working schedule, without paying extra for it;
If the employer withholds part of the salary of his subordinate as a fine for some actions, without recording it in writing;
If the employee's salary is below the established minimum size wages in a specific constituent entity of the Russian Federation;
If the employer shows illegal actions in relation to his subordinates, i.e. raises his voice, beats, exerts psychological pressure, which unsettles the employee, humiliates him as a person and an employee;
If an employee is transferred to another position without his approval, demoted to the current one, unreasonably dismissed;

Info

If one of the listed circumstances takes place, the employee has the right to file a complaint with the prosecutor's office, having drawn up a corresponding statement in advance.

Structure and procedure for filing

An employer complaint is structured as follows:

The "header" contains the details of the prosecutor's office, to which the employee will submit an application (address, full name of the department);
After that, the requisites of the applicant himself are prescribed (surname, name, residence address, contact phone number);
In the main part, the reason for filing a complaint is prescribed, based on specific articles of the Labor Code of the Russian Federation, which confirm the fact of the unlawfulness of the employer's actions;
The next part of the complaint spelled out the applicant's specific requirements to the prosecutor's office, namely, bringing the employer to administrative responsibility;
After the list is prescribed additional materials attached to the complaint, which confirm the facts described in the main part of the application;
At the very end, the date of drawing up the document is affixed, as well as the personal signature of the applicant;

A ready-made complaint can be filed in one of the following ways:

Draw up a complaint by hand on an A4 sheet and send it personally to a specific department of the law enforcement agency;
Draw up an application on a computer, print it, affix a personal signature and submit it for consideration to the department of the body;

Sample

Nuances of compilation

In order for the consideration of the complaint to be “crowned with success,” it is worth treating its preparation with all responsibility and care. So:

When prescribing the data of the prosecutor's office in the "header", it is necessary to indicate the name of the department of the law enforcement agency, which is geographically located in the area of the firm, in which the applicant (employee) is employed;

You can find out the exact name of the department of the prosecutor's office to which you want to submit an application, both on the official website of the institution, and by contacting the department itself.

In the part in which the applicant indicates his data, it is necessary to indicate the following information: his last name, first name, patronymic in full, address of permanent (actual, if they are different) residence, valid mobile phone number, e-mail address;
After, in the middle, the name of the document itself is written, namely - "Application";
The grounds part includes a description of the situation and a listing of the reasons that prompted the applicant to apply of this statement... When listing the reasons, it is necessary to follow a clear chronology, starting with the description of the very first case of violation of labor rights by the employer and ending with the last recorded one. When describing each case, it is very important to indicate the exact date and time, if possible;

Attention

All of the listed facts must be supported by suitable articles of the Labor Code. This will significantly speed up the process of considering the application by law enforcement officials, since most of the time, as a rule, is spent looking for legislative support for the charges brought forward.

All text in the complaint must be in business style, the facts are described clearly, without errors. When describing, the applicant should not express a subjective point of view, use obscene words and expressions. In other words, the text should be easy to read.

In terms of making demands, the applicant can indicate any at his discretion, or limit himself to the standard wording - “I ask to be held accountable”;
In the part where it is required to register a list of materials serving as the evidence base of the application, you can specify such documents as correspondence, certificates, checks, etc.;

It is necessary to list the documents attached to the complaint against the employer so that if one of them is lost, you can easily restore them again.

When writing down the date, you need to indicate the day the document was handed over to the prosecutor's office, and not the day it was drawn up;

Info

If an employee who complains about his employer to the prosecutor's office wants to maintain his anonymous status, this request should be written in a separate paragraph at the very end of the document. As a rule, prosecutors treat such requests with understanding.