Will the prosecutor's office consider an anonymous complaint?



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• The procedure for filing a complaint against an employer to the prosecutor's office
• Sample complaint to the prosecutor's office against an employer

To defend fair treatment and get a well-deserved salary, a complaint to the prosecutor's office against the employer will help. This government structure performs a monitoring and supervisory function, protecting law and order and civil liberties of the working population. Complaining to the prosecutor's office means taking radical measures to influence the violator, since an investigation will be carried out upon the complaint, and the perpetrators will be held accountable. The prosecutor's office is an independent government body that is not subordinate to representatives of the executive and legislative institutions. A wide range of powers allows the prosecutor to consider cases from different areas and branches of law. Anyone can contact the prosecutor's office with a complaint against an employer if they have valid grounds and documentary evidence of the offense. You can learn how to write a complaint correctly from an experienced lawyer.

A specialist will answer all questions, give effective recommendations and help you get around the “sharp corners” of the legislation. Today, citizens of the Russian Federation choose remote legal consultations on the Internet. They are available to the population from all regions of the country at any time. An expert will study the issue and provide an individual solution to the problem.

Online legal services allow users to save time, effort and money. Consultations are completely safe and confidential.

Reasons for appeal

You can complain to your employer for any violation of your legal rights . Reasons for contacting may include, for example:

• failure to pay wages on time or in full;
• application of unlawful penalties to an employee;
• non-compliance of the workplace with labor protection requirements;
• coercion to perform work in a larger volume and for a longer period of time than established by the Labor Code norms;
• employer's ban on part-time work;
• unlawful movement of an employee within the company;
• dismissal for illegal reasons;
• coercion to dismiss or commit illegal actions;
• violation of internal regulations of the company;
• payment of wages in an envelope;
• failure to fulfill the obligation to the employee to pay the required contributions to the funds.

Legislative regulation

When filing complaints, it is worth taking into account the rules governing the rules for filing and considering citizens' applications, as well as labor legislation.

According to Law No. 59 - Federal Law of May 2, 2006 “On the procedure for considering appeals from citizens of the Russian Federation”:

• Art. 2 – gives citizens the right to appeal to government bodies personally and jointly , if this does not contradict the interests of other persons. Appeals are considered free of charge;
• clause 1 art. 11 says that if the applicant’s surname or postal address is not written , a response to it is not provided;
• Art. 7 establishes a list of data that must be indicated in the complaint;
• clause 2 art. 8 obliges the recipient of requests to register them within three days ;
• clause 1 art. 9 – every appeal received by a government agency must be considered ;
• Art. 12 – the appeal is considered by the authority within 30 days .

Article 358 of the Labor Code of the Russian Federation obliges the state inspector not to inform the employer who filed the complaint if the employee so wishes.

General provisions

Often the relationship between subordinates and management can be strained. If there are serious violations of labor legislation, employees of the enterprise can contact government authorities to receive assistance aimed at resolving the difficult situation. A complaint to the prosecutor's office against an employer can be filed for various reasons :

• Refusal to officially employ your subordinates;
• Evasion of taxes, insurance and pension contributions;
• Lack of required working conditions and proper pay.
• Dismissal of a subordinate from work without good reason, refusal to issue leave and required benefits.

Often complaints are related to unjustified dismissals and payment of unpaid wages. If a manager does not fulfill his obligations to employees, then only the prosecutor’s office and the court can resolve the conflict.

An application to the prosecutor's office can be filed against an employer immediately after he has committed an offense . In case of non-payment of wages, it is possible to file a complaint only after a two-week delay in the payment of wages.

How to write a statement correctly?

There is no clearly regulated form for filing a complaint with the prosecutor's office. Therefore, you can write it in any form , but indicating the data that must be present in the document.

The header of the document should contain:

1. department of the prosecutor's office , to which the request is sent, indicating the city, district. When choosing, it is worth considering that for certain industries there are institutions specifically designed to consider issues in a specific narrow niche. For example, the military prosecutor's office, transport, FSIN;
2. Full name, address of the applicant;
3. contact details where you can easily contact or send written notification.

“Complaint” is written in the middle of the document. This is followed by a descriptive part, which indicates the reason for the application . Here you need to briefly outline the essence of the problem, adding additional information.

The following information should be provided:

• employment contract with the employer: its number, date of conclusion, type;
• features of the working conditions specified in the contract and the violations alleged by the applicant;
• deadlines, dates;
• location of the company;
• company contact details;
• Full name of the head of the company, other officials, if necessary;
• a description of the actions taken by the applicant to resolve the conflict peacefully and their results;
• substantiation of your claims against the employer from the point of view of law. Here it is worth justifying why you consider your point of view to be correct, and the other side is violating rights. Each conclusion must be supported by a reference to a specific article of the normative act.

What follows is the part in which the employee asks the prosecutor’s office to take action , force the organization to comply with its conditions and/or take action against the violator.

For example:

• to inspect;
• pay a specific amount;
• perform the required actions;
• impose responsibility on those responsible.

The complaint should be accompanied by copies of supporting documents , such as:

• employment contract;
• employment history;
• The order of acceptance to work;
• dismissal order;
• complaint against the employer;
• employer's response to the complaint;
• calculation of wages and vacation pay;
• power of attorney, if the applicant applies through a proxy.

At the end of the document, the applicant’s full name, signature, and date of filing the complaint are written down.

Sample application to the prosecutor's office for non-payment of wages:

If the appeal is made by two or more persons, the complaint is considered collective . Its creation is possible as a result of holding public meetings, rallies, during which the participants came to a common opinion.

Drawing up a collective complaint has its own nuances:

• the contents of the document must suit all participants;
• the applicant is not one person, but a group;
• a person in charge must be appointed with whom the prosecutor's office will conduct a dialogue;
• Such a complaint is signed by all participants.

The procedure for considering complaints made by a team does not differ from those filed by one person.

An example of how to write a complaint about illegal dismissal or other violations of labor law :

Watch a detailed video on how to properly complain to the prosecutor's office:

How to write a complaint against an employer?

• Whatever authority the complaint is submitted to, it must be in writing.
• state the violation clearly and clearly without unnecessary emotions, which will only interfere with understanding the basis of the complaint.
• An anonymous complaint against an employer is not welcomed by inspection authorities because they will be deprived of the opportunity to check the circumstances and clarify additional questions.
• it must accurately indicate the reasons for the problem that has arisen, and must include a signature and the date the document was drawn up.

The main thing is that the complaint against the employer is competently drawn up and properly executed, then the legal protection of labor rights by public organizations and our lawyers will take place on time. Specialized websites provide a sample complaint against an employer that will help with the preparation of such a document, but we recommend turning to professionals in their field to draw up the document; our labor lawyers have more than once encountered situations where citizens drew up texts without regard to the future, and then played a bad game role if the dispute continued in court.

USEFUL: watch also the video on the topic of filing a complaint and learn more, write your question in the comments of the video and don’t forget to subscribe to the YouTube channel to receive advice from a lawyer

How to file a complaint?

There are several ways to file a complaint:

1. by applying in person and filling out the form;
2. send electronically;
3. by sending a letter in an envelope.

Read more about how to apply in this article.

Complaints submitted online are treated in the same way as in person and are treated equally . This can be done on the official website of the prosecutor's office.

After receiving the application, employees will register the letter, and the applicant will receive a notification that his application has been accepted for processing by e-mail or sms.

Filing a complaint online must be as complete as a written . Despite its electronic form, it is a full-fledged circulation. Documents are attached as attached files, the same as for a written complaint.

Often the complainant does not want to disclose the fact that they have filed a complaint. In this case, it is important to know that the prosecutor’s office will not respond to applications submitted anonymously . But if the employee wants to remain anonymous to his employer, then this can be done.

All the applicant’s data is filled out in the form so as not to be anonymous to the prosecutor’s office, but a note is placed with a request not to disclose the fact of the application to third parties .

You can download the application form to the prosecutor's office in doc format here.

✅ In what cases can you file an anonymous complaint?

The prosecutor's office considers anonymous complaints only in cases where they include:

• about an impending crime that has already been committed or is currently being committed;
• about citizens who were observed preparing for a crime or have already committed it;
• about corruption schemes and abuse of power that the applicant encountered;
• about terrorist acts. Any information about crimes already committed or in preparation is considered;
• about violation of employee rights by the employer. However, in this case, you will still have to provide personal data, but it will be encrypted by the system automatically.

Terms of consideration

The maximum period allowed by law for consideration of complaints and other requests is 30 days . How many days the prosecutor's office will actually need to process may vary depending on the following factors:

1. is it necessary to involve other structures in the case;
2. is there a need for awareness-raising activities;
3. what measures the applicant requests to be taken.

Cases that require immediate action are carried out without delay . Criminal procedural cases are processed within three days. The period is calculated from the date of registration of the document . If it ends on a holiday or weekend, it is transferred to the next working day.

After the end of the process, the prosecutor's office is obliged to immediately notify the applicant of the decision. The prosecutor makes a decision on whether the demands will be satisfied. The applicant receives a written response.

Then you can either agree with it or continue to appeal. If the complaint was filed collectively, the response is usually sent to the person listed as responsible or the first person listed. He must convey the information received to others.

Prosecutor's office and labor inspectorate: actions after a complaint

One of the basic rules when drawing up an appeal is the statute of limitations. If you can go to court within three years from the date of the incident, then to the prosecutor’s office - only within three months.

If illegal dismissal is subject to appeal, then an application must be written within one month. It will be very difficult to restore justice later.

So, you have written a complaint to the prosecutor’s office against your employer. What actions can the prosecutor take :

1. Conduct an inspection of the enterprise and make a procedural decision (administrative or criminal).
2. Conduct an inspection and issue an order to the manager to eliminate violations.
3. Reject the employee's appeal due to the lack of facts of violation or evidence thereof.

Often, an appeal from a citizen or an entire team may be rejected due to inaccuracies. For example, the specified actions of the employer do not relate to the given legal norm. The application may also be forwarded to other authorities if necessary. Some labor disputes can be resolved by the tax or labor inspectorate.

We will learn about all the places where you can file a complaint against an employer in this material.