Today, there are such dishonest leaders who neglect the norms of labor legislation and violate the rights of citizens. Regulatory acts provide for the ability of workers to protect their rights by contacting the labor inspectorate. Let us consider in more detail the sample complaint to the labor inspectorate about the employer and the process of filing it.
When can I file a complaint?
What to do to a simple employee whose labor rights have been violated by an unscrupulous employer? He has the right to write a complaint to the labor inspectorate. This can be done if the employee has witnessed abuse of his position by the chief, or if he himself has become a victim of discrimination. We turn to those actions that can be considered illegal by the employer:
- When hiring, the head of the organization violated the registration algorithm: the salary, information on incentives, bonuses and other payments are not specified in the employment contract; forced a pregnant employee to undergo a probationary period; there was no familiarization with internal documentation and orders, and later exacting measures were applied for ignorance.
- The employer clearly discriminated against the employee: refusal to provide the required vacation; salary payment is delayed or incomplete; Compensation provided for by labor law was not paid; instead of paying sick leave, the head makes you go on vacation at your own expense; The employee is forced to work overtime.
- Violations upon dismissal: there was no notice of dismissal or reduction; upon dismissal, the required funds were not paid; all cash payments were made after the day of dismissal; no work book was issued.
In all these cases, the employee has the right to file a complaint with the labor inspectorate with his supervisor. In addition, a complaint may be filed by a whole team of employees.
Sample Complaint
There are no legislative forms of the complaint itself. You can write a letter to the labor inspectorate in free form. It is important that the complaint contains basic information:
- information about the victim (full details, actual address and telephone number);
- information about the organization;
- essence of the appeal and complaint;
- signature and date of compilation.
An employer’s offense must be clearly described in a business ethic. All information should be true and easy to verify, as well as objectively reflect the state of things. The complaint should not contain a personal relationship with the accused. It is best if the complaint describes successive events. The letter itself can be composed according to the sample complaint to the labor inspectorate for the employer, presented below.
Complaint Process
After the letter is composed, you can do the following:
- Personally visit the labor inspection department and refer the complaint to an authorized person. For this, the document is prepared in several copies, on one of which the inspection employee must apply for a visa. You can attach necessary documents to the letter, confirming what was written.
- A sample complaint to the labor inspectorate about the employer can be sent by registered mail.
- Send an e-mail using the online labor inspection service. On the site you must fill in all the fields provided and indicate your data. You can also choose a convenient response option from the inspector. A sample of the collective complaint can also be sent electronically.
The Labor Inspectorate has at its disposal a month to respond to the citizen's letter and notify about further actions. If the claim does not fall within the competence of this body, service workers redirect the appeal to the competent authority within a week. The labor inspectorate also reserves the right not to consider a complaint if it contains direct threats.
Anonymity
A sample complaint to the labor inspectorate against the employer must contain information about the applicant. Otherwise, the service does not consider anonymous letters. But the applicant has the right to ask the inspector not to disclose personal data to the employer, that is, to demand confidentiality.
This fact must be indicated when drawing up the complaint.
Collective complaint
A sample collective complaint is useful if an application is submitted on behalf of an entire team of employees whose rights have been infringed or discriminated against by management. The team may also write a letter regarding the violation of the rights of one of the employees. In any case, in such an appeal it is necessary to indicate the details of the employee representative on whose behalf the complaint is submitted.
Check
If the letter to the inspection was drawn up correctly, then after a month the applicant will receive a notification about the upcoming inspection. A labor inspection review of a complaint may include:
- control of labor conditions;
- a survey of all employees of the organization;
- request the necessary documentation for analysis, etc.
After the inspection, the inspection officer must draw up an act where all violations are recorded. Based on the violations found, the following measures can be applied to the head:
- issuing an order to eliminate all violations;
- imposition of administrative sanctions.
In the latter case, the amount is determined individually, depending on the severity of the violation.
If the inspector has identified quite serious violations, then the results can be transferred to court to initiate a criminal case. This can happen if:
- safety regulations that resulted in the death or injury of an employee were violated;
- termination of the employment contract with a pregnant or mother of a child who is not three years old;
- systematic non-payment of salaries over three months.