Labor inspection - what is it and what does it check?

How to write an appeal to the labor inspectorate?

Among the main methods of communication, the hotline predominates. This is not surprising, given how quickly citizens can get an answer to their question. However, an alternative is also required; the following call options are presented as such:

1. Compiling an appeal through the official website - https://www.rostrud.ru/room/obrashcheniya-grazhdan/kremlin.
2. Writing emails
3. Sending requests through the mobile application.

The Labor Inspectorate reviews all incoming messages. For a quick response, citizens need to remember to follow the recommendations. It is required to indicate reliable data, the reason for the request, and a detailed description of the situation. If you have any difficulties with how to write a request, please refer to the Questions and Answers section. Information on the procedure for sending messages and other background information about the inspection is provided.

About the labor inspection of the city of Moscow

If a citizen has a question for the labor inspectorate, you can use the hotline. Calls are accepted via toll-free number 8 . There is also a separate Moscow number that allows you to contact the local branch. To do this, you need to call 8 495 343 9190 or 8 . The inspection hours are from 9:30 to 18:00. However, the institution has a large number of internal tasks. Therefore, reception of citizens is carried out at certain hours.

Go to the official website git77.rostrud.ru

You can visit the inspection according to the following schedule:

• from 10:00 to 13:00, if a person in need of rights protection wants to visit the organization on Monday, Wednesday or Friday;
• from 14:00 to 17:00 if the visit dates fall on Tuesday or Thursday;
• On Saturday and Sunday the labor inspectorate is not operational.

The organization is located in Moscow at the address: Domodedovskaya street, building 24, building 3. From the metro of the same name to the institution there are buses 148, 274, 694 and 766. You can also get there by minibus. 564 (m) and 635 (m) follow there.

The specifics of contacting the inspectorate depend on the issues for which the person applied to the institution.

So, if a citizen needs help with labor disputes, reception is carried out on a first-come, first-served basis. In this case, you need to visit the office, which is located at the address: Verkhnie Polya Street, building 11, building 1, building 1. The labor inspection is located on the left side of the shopping center. In front of the entrance there is a sign “Basic labor protection center of the Southern Military District of Moscow.” From the Bratislavskaya metro station there are also route taxis 517 (m), 520 (m) and 526 (m) to the institution. You need to travel 5 stops to Krasnodonskaya Street. Then you have to walk 500 m.

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What is the labor inspection hotline number?

In Russia there is a single hotline, by calling which you can transfer or find out the necessary data. Regardless of the region, you can call the number - 8 800 707 88 41. The phone number for calls within the Russian Federation is free.

Additionally, cities have their own representative offices, which are more convenient to contact by local telephone numbers. Please check additional details for contacts in your locality using the form on the website.

Contacts for communication in some cities:

• Moscow — +7 (495) 343 91 90.
• St. Petersburg - +7 (812) 746 59 86.
• Kazan - +7 (843) 525 20 23.
• Saratov — +7 (845) 250 28 89.
• Krasnoyarsk — +7 (391) 228 87 20.

Reasons for filing a complaint

The Labor Inspectorate allows a citizen to defend his rights. Any employed person who has discovered a violation can contact the organization. The rule applies even if it was committed against another citizen.

The State State Transport Inspectorate has the right to carry out the following procedures:

• register the received request;
• become familiar with the specifics of the current situation;
• order the violator to eliminate the identified deficiencies;
• bring to justice.

It is recommended to find the address of the labor inspectorate in Moscow and visit the organization if the employment contract is illegally terminated or there is a delay in the payment of wages, sick leave, vacation pay or other compensation.

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Often institutions refuse to provide funds for overtime. It will also be possible to prove your case to the labor inspectorate if the organization does not provide sick leave or vacation. Appeal is also permissible if other rights of the employee are violated.

A citizen who was not hired by an organization and considers the refusal illegal can submit an application. You can get a consultation in advance. The hotline or the official website of the labor inspection - git77.rostrud.ru will help with this.

Additional communication options

1. Mobile app. Rostrud has developed a software product called “I am an inspector”. Users can find out background information on working conditions and send complaints (if there are violations of Labor Code that threaten the lives of employees).
2. Email. Letters are accepted at [email protected] When composing an appeal, you need to describe in detail the question of interest and attach contact information. It is recommended to send evidence of the violation found - for example, photos or text documents from a computer.
3. Skype. To contact the federal service via Skype, you need to add the contact support-rostrud and write a message. You can also make a voice call.

Consultants consider any issues related to labor legislation.

Protecting the rights of workers - self-defense

The most peaceful way to avoid violation of an employee’s rights is through self-defense. To know your labor rights, you need to be familiar with the articles of the Labor Code of the Russian Federation. It is a visual aid on how to do it and what not to do.

As soon as the employee becomes aware of the fact of a violation, it is necessary to take action. First, you need to try to verbally discuss the problem that has arisen with your manager and find a compromise. If it was not possible to agree verbally, then you should send a written request to the organization, which sets out in detail the essence of the issue. It is better to send the appeal by registered mail with a notification attached to be sure that it is delivered to the recipient.

According to the law, a response must be made within a month. If the problem is not resolved, the next step is to contact the organization’s trade union body, and then to state authorities for the protection of labor rights.

Judicial protection of the rights of workers - law

The Labor Code of the Russian Federation provides for judicial protection as a way to protect the labor rights of workers.

Typically, an employee goes to court when all other methods fail. In order to restore justice, a citizen brings a claim to court. It is very important to comply with the application deadline provided for by the Labor Code of the Russian Federation.

The subjects of the employee's claim, according to judicial practice, are:

• Causing harm to a worker;
• Unlawful dismissal;
• Non-payment of wages;
• Violation of the procedure for granting leave;
• Industrial injuries;
• Failure to pay proper benefits and compensation upon dismissal;
• Other questions.

Most often, if a violation occurs, the employee restores his legitimate interests and also receives compensation from the organization for the harm and losses caused.

Labor Code in the latest edition

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.

What should an employee do if his rights are violated?

When the legitimate interests of a worker are violated, action must be taken. Current legislation provides the employee with freedom to choose the means and methods to receive assistance. You can resolve the dispute yourself, alone, or you can turn to various authorities and authorities for help to resolve your issue. To restore justice, all options are good.

The main thing is not to be inactive, since inaction gives rise to impunity for the employer’s illegal actions and provides him with further opportunities to commit violations.

About the company Rostrud

The service was created on March 9, 2004 and is subordinate to the Ministry of Labor and Social Protection. With its help, monitoring of compliance with labor law is carried out. Citizens can also contact Rostrud so that service employees can provide assistance in getting a job.

Rostrud regulates labor relations between employer and employee. The service conducts inspections of organizations and enterprises for compliance with labor laws. It also provides unemployment payments to citizens who are registered with the employment center.

Complaint consideration period

A sent written appeal is subject to mandatory consideration. As a general rule, a government agency is obliged to consider an appeal within 30 days from the date of its receipt. Taking into account the specifics of the work of the labor inspectorate, the need to carry out on-site, documentary, unscheduled inspections, the legislator established deadlines for the implementation of such activities.

As a general rule, no more than 20 days are allotted for the inspection. But there may be some exceptions here, depending on the size, ramifications, and specifics of the work of a particular company. In this case, the following maximum inspection periods are established:

1. 60 days. When the structure of the organization provides for the presence of branches in different regions of the country.
2. 50 hours. When a small enterprise (a company with a small number of employees) is subject to inspection.
3. 15 hours. If you need to check a micro-enterprise (usually a private entrepreneur who has a couple of employees working in a small workshop).

In the event that it is necessary to extend the verification period, the maximum extension time for large companies cannot exceed 20 days, while for micro-enterprises this figure should not exceed 15 hours.

Remember, the legislation does not provide for extension of the deadlines for unscheduled inspections, as well as documentary inspections. If the inspectors did not complete something in the time allotted for the inspection, the administration did not interfere with the inspection - responsibility for the final result of such an inspection will be with the inspectorate employees.

Regarding complaints regarding illegal dismissal, they must be objectively considered no later than 10 days from the date of receipt. The applicant is informed about the results of such consideration in writing.

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.

When to contact the labor inspectorate - overview of the main situations

The powers of the labor inspectorate are such that the inspector has the right to come with an inspection not only according to a previously agreed plan, but also unscheduled. This is possible when complaints are received against the employer from employees, and the labor dispute commission (read a separate article about its functions) is not able to resolve the conflict.

Since the labor inspectorate is a state regulatory body, an unscheduled inspection is also appointed to monitor compliance with the order after the deadline for eliminating violations has expired. What are the grounds for conducting an unscheduled inspection by the labor inspectorate?

Situation 1. Delay or non-payment of wages

The law establishes that an employee must receive a salary twice a month. The employment contract clearly states the payment dates. If an employer systematically delays wages or does not pay them in full, the employee has the right to appeal to the inspectorate with a complaint. By the way, you don’t have to go to work until the debt is paid off. You will also be paid for the forced downtime later.

Situation 2. Incorrect calculation of compensation upon dismissal

On the day of dismissal, the employee has the right to receive a full payment, taking into account all due compensation. If the employer did not do this or deceived the resigning employee, then the labor inspectorate will impose a fine on him, even if he is an individual entrepreneur. In addition, he will oblige you to pay every penny.

Situation 3. Non-payment of benefits

Russia is a social state, so a large number of citizens belong to the preferential category. They are entitled to benefits, the payment of which depends on many factors. The authorities administering these payments sometimes commit violations and deny citizens their legal right. In this case, you also need to contact the inspectorate.

Example

Nikolai Pavlovich lived in a remote village and, as long as his health allowed, he raised bees. Several years ago, he bought his minor son an apartment in the city with the expectation that he would go to university and need his own housing. Then Nikolai Pavlovich fell ill and had to sell the apiary, but he had a northern pension.

The son went to study and applied for a social scholarship, but he was refused, citing the fact that he and his father had sufficient income and also had their own apartment.

The guy turned to me for advice, I advised him to contact the labor inspectorate. After all, he lived in the apartment alone, was of age at the time of applying for a scholarship, which means that the father should not be taken into account as a family member in the calculation.

That helped. Literally a few days later he was given a certificate according to which they began to pay a stipend. The most interesting thing is that the inspector only had to call social security and warn that they had committed a violation.

Situation 4. Refusal to exercise the right to leave

According to the Labor Code and the Constitution, all employees have the right to rest. The employee has the right to use it within 6 months after employment. Some employers, under the guise of official necessity, do not allow their employees to go on vacation.

As a result, a year, a year and a half, and sometimes even two pass. This should not happen - be sure to contact the labor inspectorate. How to do this, read in the next section.