Almost everyone knows that the employee is less protected than the employer. Who among us has not heard from our bosses that we have no irreplaceable ones? It is often really easier for an employer to find a new employee than for an employee - a new job with a good salary and team. And even if workers' rights are openly violated, employers do not receive a worthy rebuff. The requests and demands of workers are ignored, it is expensive to defend rights in court. It remains to write an application to the labor inspectorate.
It is necessary
- Labor Code
- Documents confirming violation of rights
When should you contact the labor inspectorate? If it seems to you that the employer has violated your rights, look through the labor code or consult a lawyer (advice is usually free). It often happens that the employer breaks the law when starting work, for example, does not conclude an employment contract with an employee, or makes a fixed-term contract with an open date. Or, having concluded a contract for one job, you are surprised to find that you have to do the work for free "for yourself and for that guy." It also happens that the money due to you under the contract, the employer decides not to pay at all, for example, upon dismissal. Or the workplace and working conditions are not just far from ideal, but very far. Another common violation is unpaid overtime. Or work without vacation over the time established by law. And, of course, unfair dismissal, for example, of a pregnant woman. This list of violations of labor legislation by employers is not limited to, and if your rights are infringed upon, write a statement to the labor inspectorate in order to protect them.
There are labor inspections in almost every city in order to monitor compliance with labor laws. You need to find out in any available directory the address and telephone number of your labor inspectorate. By driving or calling there, you can get the contact details of the inspector who oversees your organization.
Now you need to formulate a complaint to the labor inspectorate. It should reflect the essence of your claim and suggestions to eliminate the violation. The complaint must be accompanied by documents confirming that the employer is really violating your rights. However, if you do not have such documents, for example, due to the fact that the employer simply did not provide them, do not worry. Violations will be identified during the audit.
The application to the labor inspectorate must be properly executed. In the upper right corner, write the name of the institution (labor inspectorate), position, surname and initials of the addressee, just below - your surname and full name, as well as the address and contact phone number. In the text, you should write the name and address of the organization that violated your rights, as well as contact phone numbers, names of the general director and the chief accountant, and also, after the indentation, state the essence of the complaint and the list of attached documents. At the bottom of the page, you should leave a signature and a transcript.
Having formulated a complaint to the labor inspectorate, you can take it directly to the inspectorate or send it by registered mail (always with notification) by mail. In the first case, do not forget to get the signature of the accepting person on a copy of your complaint, and in the second, keep the receipt and notice.
The labor inspectorate within a month is obliged to respond to your complaint and conduct an inspection of the organization that violated your rights. If we are talking about dismissal, then the complaint will be considered even faster, within 10 days.Based on the results of the inspection, an act and an order will be drawn up, according to which the employer will have to eliminate the violations within the specified period, as well as provide a report on this to the labor inspectorate.