If the employer violates the norms of labor legislation, the employee has the right to apply with a corresponding statement to the labor dispute commission or to the labor inspection.
Instructions
Step 1
According to article 356 of the Labor Code of the Russian Federation, in order to restore and prove violated rights, an employee has the right to contact the labor inspectorate with a complaint, letter or statement that is written in free form.
Step 2
The employer should be aware that not only an employee who is in an employment relationship with him has the right to apply to the labor inspectorate, but also any other person, in the event of, for example, illegal refusal of employment.
Step 3
The complaint must be accompanied by all documents that confirm the fact of violation by the employer. These can be copies of orders, acts, internal labor regulations, and so on. If it is impossible to provide copies of documents, the applicant must indicate this in his complaint.
Step 4
Since the labor inspectorate does not consider anonymous appeals, the employee must indicate all his data in the complaint (name, address, phone number). But, if, nevertheless, the applicant insists on confidentiality, then according to Part II of Article 358 of the Labor Code of the Russian Federation, the inspectors are obliged to keep the applicant's name secret. This should also be indicated in the complaint.
Step 5
According to article 386 of the Labor Code of the Russian Federation, the period during which an employee can apply to the labor inspectorate is 3 months from the date of violation of his rights.
Step 6
The term for consideration of the complaint by the labor inspectorate is 30 days from the date of its filing and registration. In some cases, this period can be increased to 60 days, and the employee is notified of this.
Step 7
If the inspectors identify obvious norms of labor law, the employer will be provided with instructions that he will be obliged to fulfill, for example, to reinstate the employee in his previous position.
Step 8
The employer, having received a binding order from the labor inspectorate, can either agree and fulfill it within the specified time frame, or refuse and appeal it in court within 10 days from the date of receipt.
Step 9
The employer does not have the right not to comply with the instructions of the labor inspectorate for more than 10 days. Otherwise, he faces a fine in accordance with the Code of Administrative Offenses of the Russian Federation.
Step 10
The labor inspectorate, based on the employee's complaint, has the right to conduct an unscheduled inspection in the organization.
