Violation of labor legislation by the employer and ways to protect the rights of the employee. Complaint against the boss: what will she give and is it worth complaining at all Who to contact for labor disputes

20.08.2021

18.03.2017 29 880 28 Reading time: 18 min.

Today I decided to consider a topical issue for many - how and where to complain about the employer. After reading this article, you will know what is Labour Inspectorate, in what cases you can complain about the employer, how to properly file a complaint, how to file it, and what results this can lead to, and where else you can file a complaint if the labor inspectorate does not help you. Take note and save yourself a link to the article just in case.

The current realities are such that conflicts between employees and employers are not uncommon, but rather a pattern. Moreover, very often employers to some extent (including very grossly) violate labor laws. Most often, their employees simply put up with it, holding on with all their might to work as the only possible source of income (which is already a mistake), and they allow them to do anything with themselves, they are ready to endure any inconvenience and hardship, just not to be fired. In my opinion, this is a completely wrong position.

Each employee should be at least a little familiar with the current labor legislation of his country, and know that he has not only obligations to the employer, but also rights. And he must be able to competently protect, defend his rights if they are not respected, especially if they are not respected roughly. In particular, he must know how and where to complain about the employer if he seriously violates his rights, and not be afraid to do so. Because employers will treat employees the way they allow.

What is a labor inspectorate?

Where to complain about an employer? To control the observance of the rights of workers, there is a special state body - the labor inspectorate (in different countries it may be called differently, but the essence is the same).

The labor inspectorate is state organization, designed to monitor compliance with labor laws, resolve labor disputes between employees and employers out of court and have the authority to impose sanctions on employers who violate the law.

For example, the labor inspectorate in Russia is officially called the Federal Service for Labor and Employment or Rostrud. In Ukraine it is State Inspectorate Ukraine on labor issues.

The Labor Inspectorate is subordinate to the Ministry of Labor and social protection population. In addition to considering employee complaints, this structure also performs many other functions, but for now we will only be interested in how to complain about the employer to the labor inspectorate.

When can I complain about an employer?

Let's start by looking at situations in which you can file a complaint with the labor inspectorate. In short, it can be any violation of labor legislation, including those that violate the rights of an employee defined in the Labor Code. Here are the most common examples.

  1. Unreasonable denial of employment. Few people know, but the Labor Code clearly defines the reasons why a person may be denied employment. It often happens that they refuse unreasonably or on false grounds.
  2. Wage irregularities. For example, the payment of wages in a smaller amount than stipulated by the employment contract, delays in the payment of wages, deprivation of part of the salary, unreasonable and inconsistent with the employment contract, etc.
  3. Forced to work overtime without pay and additional days off. In this case, it also makes sense to complain to the labor inspectorate, especially if it is systematic.
  4. Failure to provide due leave. It is also a fairly common violation of labor laws, and the labor inspectorate can help solve this problem.
  5. The ban on taking sick leave. Familiar? It is too gross violation labor law that will apply to you for as long as you allow it.
  6. Coercion to perform work not provided for by the employment contract and job description. If you are often forced to do someone else's work, in addition to your own, this is also a violation. Labor Code, which can be appealed by filing a complaint with the labor inspectorate.
  7. Violation of the dismissal procedure. If the employer unreasonably, forces to dismiss, threatens to dismiss “under the article” without good reason, or has already dismissed with any violations of the law (for example, without prior notice and working off the allotted time) - it also makes sense to complain to the labor inspectorate.

How to file a complaint with the labor inspectorate?

Now let's look at how to complain about an employer to the labor inspectorate, which is necessary for this. There are four ways to file a complaint:

Method 1. Submit a complaint to the labor inspectorate by mail. This is the longest, most costly, but also the most effective method complain about the employer. Because an official letter is a document that cannot be ignored: in any case, you will be required to provide the same official response to it.

Method 2. File a complaint with the labor inspectorate online. This is the simplest option, but not always effective, because your electronic appeal can simply be “lost”, left without consideration, and you will not necessarily receive an official response to it. You can file a complaint with the labor inspectorate online in Russia through the website onlineinspection.rf.

Method 3. File a complaint with the labor inspectorate through the hotline. Approximately the same as the second method, only the complaint in this case will need to be stated orally, by phone, it will be recorded from your words. Receiving an answer here also cannot be guaranteed - it all depends on whether it is considered reasonable and requiring consideration.

Method 4. Come to a personal appointment at the labor inspectorate. This is very a good option in order to get professional advice on the issue of interest to you. They will immediately tell you how justified your complaint is from the point of view of labor legislation, and tell you how to properly file a complaint, after which you will issue it in writing and register it locally, or send it by letter.

How to file a complaint against an employer?

Before complaining to the labor inspectorate, you still need to try to resolve the issue of interest to you with the employer "peacefully" - through negotiations. Because filing a complaint is a serious matter, and can lead to serious consequences for the employer (which ones I will tell you a little later). So, if there is an opportunity to resolve the issue "amicably" - use it, and only when it does not work - proceed to filing a complaint.

Step #1. Compose the text of the complaint. There are no strict forms by which a complaint to the labor inspectorate is drawn up. The complaint must be made in a business style in a free form, and must contain:

  • To: name and full name of the head of the territorial labor inspectorate;
  • From whom: full name and passport details of the applicant, address of registration and address for receiving a response;
  • The name and legal address of the employer against whom the complaint is being filed, your position on this enterprise, full name of the head, full name and position of the person you are complaining about;
  • The essence of the complaint: what exactly is the employer violating, preferably with references to the articles of the Labor Code and / or clauses of the employment contract;
  • Requests or suggestions: what exactly do you ask or suggest to do with the labor inspection (for example, conduct an inspection at the enterprise, hold the manager accountable, advise you, etc.)

If you file a complaint online, then the site will have all the required fields to fill out.

Often people are interested: is it possible to send a complaint to the labor inspectorate anonymously? No, you cannot, such a complaint will not be considered.

Step #2. Support the complaint with documents if necessary. The complaint will have a much more weighty appearance if it is supported by documentary evidence. For example, if you refer to your labor contract- Attach a copy. If you complain that you are not being paid a salary (or not being paid as much as it should be), attach an extract from your bank account. Etc.

Step number 3. Submit a complaint and await review. If you send a complaint by mail, then it is advisable to do this with a notification of receipt - so you will know for sure that the letter has been delivered to the addressee and count down the response time. Consideration of a complaint can take from several days to a month, and in rare cases up to two months (if, for example, an inspector needs to travel to another region). It all depends on the nature of the complaint and how it was filed. Each complaint is submitted to a specific inspector for consideration, who studies it, makes a decision, agrees with the management and gives an answer.

Step number 4. Get a response to your complaint. Once your complaint has been reviewed, you will receive a response. If it requires an audit at the enterprise, then the response will most likely indicate that an audit has been scheduled, and you will be notified additionally based on its results.

Please note that if it happens that your issue is already resolved during the period of consideration of the complaint, then you have the right to withdraw your complaint. True, if it indicates serious violations, an inspection at the enterprise can still be appointed, they just won’t notify you about the consideration of the issue.

What answer will the labor inspectorate give?

Now let's look at what results and actions your complaint against the employer to the labor inspectorate can lead to. There may be several options.

  1. Purpose field check at the enterprise in order to ascertain violations.
  2. The order to eliminate violations to the head of the enterprise and the deadline for its implementation. As a rule, it is 1 month. Within this period, he is obliged to eliminate the violations and report this to the labor inspectorate. Otherwise, more serious measures will be taken against him.
  3. Bringing the head to administrative responsibility - a fine for violating labor laws. This fine can be quite substantial (depending on the type of violation).
  4. Suspension of the leader (or the perpetrator) official) from office on a temporary or permanent basis.
  5. In some cases - temporary cessation of the enterprise until the violations are eliminated.
  6. In some cases, bringing the head to criminal responsibility.

When can a complaint to the labor inspectorate be rejected?

Consider the most common reasons why a complaint to the labor inspectorate may be rejected:

  1. You have not provided all personal information.
  2. You entered the employer's information incorrectly or incompletely.
  3. Subjective point of view (your complaint is made emotionally, but does not contain strong arguments, is not supported by documents, it is not indicated what exactly the employer is violating).
  4. Illiteracy. If the complaint contains a large number of errors, is composed incoherently, illiterately, contains profanity, it will also be left without consideration.
  5. The complaint did not reach the addressee (for example, some system failure occurred when sending online, the letter did not reach, it was simply lost due to a human factor, etc.). In this case, it makes sense to send a second complaint, indicating that it is a second one.

What to do if the complaint was rejected or you are not satisfied with the result of the consideration?

If the labor inspectorate rejected the complaint, or gave an answer that does not suit you, but at the same time you are sure that the employer is violating the norms of the Labor Code, there are several options further action:

  1. Appeal the response of the inspector who reviewed your complaint with his/her immediate supervisor.
  2. Contact professional lawyers in the field of labor law, who will help to draw up a complaint more professionally and will accompany its consideration.
  3. Complain about the labor inspectorate to a higher organization. For example, you filed a complaint with the regional labor inspectorate, it was unreasonably rejected - you complain to the central or higher organization - the Ministry of Labor and Social Protection.
  4. Complain about the employer to the tax authorities when it comes to tax evasion (black or gray salary).
  5. File a lawsuit against your employer.

Now you know how and where to complain about the employer, how the labor inspectorate works, what nuances of filing complaints and appeals you need to take into account. I hope this information was helpful to you.

Do not be afraid to defend and defend your rights if they are really violated. Employers will always treat you the way you let them. See you at!

Estimate:


The applicant will learn about the same “black salary” at the interview and this is a good reason not to get a job in such an organization;

  • carefully study all documents signed at work. The company knows the TC much better than you and will always find loopholes in the law. So, in many enterprises, employees work all week for 12 hours, on a voluntary and legal basis, receiving “overtime” for this (in fact, the overpayment is minimal), signing an appropriate agreement;
  • a collective appeal is always more effective than an individual complaint;
  • ignore any "warnings" or direct threats from your superiors regarding your desire to go to the Labor Inspectorate.

Where can I apply for labor disputes with the employer?

However, there are situations when a citizen who is not in an employment relationship with it has the right to file a complaint against an employer company. If an application for employment has received an unlawful denial that is not based on business qualities applicant or non-compliance qualification requirements, that is, a reason to complain about manifestations of discrimination expressly prohibited by law. Where to complain about the violation of their rights The employee has several addresses where to complain about the employer if his rights are violated.
For this, a primary trade union organization and a commission for labor disputes. The trade union committee is engaged in protecting the interests of all employees, and the CCC considers individual appeals from employees challenging certain actions of the employer.

Where to complain about the employer in case of violation of labor rights

The exception is disputes about reinstatement at work, changing the wording of the reason for dismissal and its date, transferring to another job, about payment for the time of forced absenteeism or about paying the difference for a lower-paid job, about illegal actions (inaction) of the employer when processing personal data. They are considered exclusively by the court (Article 391 of the Labor Code of the Russian Federation). A feature of the consideration of employees' applications by the labor inspectorate is that the statute of limitations for labor disputes is calculated by the court, regardless of the appeal to the labor inspectorate.

Therefore, it is often recommended to apply immediately to the court, since if the inspection makes a decision not in favor of the employee, judicial protection may be denied for this reason. At the same time, the duties of the GIT include advising citizens on labor law issues (Order of the Ministry of Labor and Social Protection of September 3, 2014 N 603n).

Where to complain about an employer

Code of Administrative Offenses of the Russian Federation, a fine of up to 100,000 rubles);

  • concealment of the occurrence of an insured event with compulsory social insurance against accidents at work and occupational diseases(Art. 15.34, fine up to 10,000 rubles);
  • failure to comply with the legal order of the inspector on time (Article 19.5, a fine of up to 20,000 rubles);
  • other violations of labor legislation and regulatory legal acts containing labor law norms (clause 1 of article 5.27, a fine of up to 50,000 rubles).

In addition, the employer is obliged, by virtue of the instructions of the labor inspectorate, to bring those responsible for violations of labor legislation to disciplinary responsibility or remove them from their positions in the prescribed manner (Article 357 of the Labor Code).

Where to complain about the employer and how to do it correctly?

It is not necessary to contact the labor inspectorate in person - you can send your appeal by mail. If you want to be sure that your appeal has reached the addressee, send it by registered mail with acknowledgment of receipt. In this case, you will know exactly when the Rostrudinspektsiya body received your letter, and you will be able to inquire about the results of the consideration in writing or by phone.
Contacts of the Federal Service for Labor and Employment under the Ministry of Labor and Social Protection of the Russian Federation, under which the State Labor Inspectorate operates: Address: 109012, Moscow, Birzhevaya Ploschad, 1 Phone: 8-800-707-88-41 E-mail: This address Email protected from spam bots. You must have JavaScript enabled to view.

Assistance in labor disputes

You will need

  • - labor contract;
  • - employment history;
  • — documents confirming the fact of violation of the rights of the employee;
  • - the passport.

Instruction 1 Contact the trade union organization of your enterprise. In order for a trade union to be able to help you effectively, you must be a member. A strong and authoritative trade union committee is able to influence the management of the enterprise and restore the violated rights of the employee.


2 If the company has a labor dispute commission, ask it to consider your complaint against the actions of the employer. Such commissions are usually set up in large enterprises; they include representatives of the labor collective and the employer. The main task of the commission is precisely to consider individual labor disputes.


Please note that this body does not consider issues related to compensation for damages to the employer.
Many of us have disputes on labor issues, both on the part of the employee and the employer. But, since the employer is the “stronger” party in this matter, then, as a rule, employees directly apply for help. Consider several options where an employee can apply:

  1. To the trade union of the organization where the employee works (if any);
  2. to the labor inspectorate;
  3. to the prosecutor's office;
  4. To court.

Applying to the trade union The trade union can provide assistance in labor disputes to the employee, but it cannot guarantee 100% protection of the violated right to the employee.
After all, the members of this organization are the same employees who work in it, and they are not always ready to go into conflict with the management. How much this organization will defend the rights of workers depends on the civil position of the trade union members.

Who to contact for help with labor disputes

Attention

It makes sense to contact the labor inspectorate if the employer does not draw up an employment contract, does not pay (delays) wages, does not comply with the work and rest regime of employees, or labor protection standards. You can complain about the employer to the inspection - as an option. With a complaint, they turn to the inspection of the region where the enterprise is located. Complaints may be filed in writing or in person.


If there are signs of a criminal offense in the actions of the employer (for example, gross neglect of labor protection at the enterprise), you should contact the prosecutor's office. It is also logical to write a complaint to the prosecutor's office if wages are not paid, there are cases of forced work on weekends or holidays, or an employee is unlawfully dismissed or laid off.

Who to contact for labor disputes

Your complaint will certainly be considered by a labor inspectorate specialist, and you will receive a response to your appeal. Terms of consideration vary from 30 to 40 days. So, if you think that your rights have been violated, and you are unable to amicably resolve the dispute with the employer, do not sit idly by. You need to know where to complain about a negligent employer and how to do it right. Feel free to write an application to the State Labor Inspectorate, and after its consideration, the inspector will definitely check at your workplace. Remember that you can send a complaint by mail, through the official website or bring it in person.
You can easily find out the exact name of the inspection and its address on the portal of this institution. We hope that now you will be able to defend your interests and know where to complain about the employer.

Info

On a number of issues, the tax service will not be able to help;

  • a trade union organization at a large enterprise can provide serious assistance in confronting the management. If you do not have such an organization, then you can contact the city / regional trade union of your profession.

Attention! Different services work perfectly from each other. When applying to the Prosecutor's Office or the Labor Inspectorate, you will only need to wait for the completion of the check, which the services must initiate no later than 30 days from the date of application.


At this time, experts will find violations. In court, your claim will not be accepted without already existing evidence of an offense. It is worth saying that when contacting lawyers who specialize in such cases, they, in the vast majority of cases, will go with you to the prosecutor's office and help you correctly draw up a statement.

Code Russian Federation. And their systematic and gross violations by the employer should be accompanied by the appeal of employees to the relevant regulatory authorities.

In this article, we will try to answer the following questions: what is considered a violation of workers' rights? What penalties can be applied to an employer who violates the rights of his subordinates?

What can be considered a violation of the labor rights of an employee?

Violation of the labor rights of an employee by the employer may be considered:

  • abuse of office, which can be expressed, for example, in forcing an employee to perform work that is not included in the list of his official duties;

This may also include disrespectful communication, yelling, psychological pressure, forced overtime work, etc.

  • disrespectful attitude towards the work of the employee(“prolonged” internship without pay, unreasonable suspension from work, fines);
  • causeless;

Read more about what to do if they want to fire you.

This also includes permanent, non-surcharges, deductions, fines, deprivation of well-deserved bonuses.

  • non-contractual form of cooperation;

When an employer hired an employee first as an intern, promising to conclude an employment contract as a result. However, this never happened.

  • refusal to provide sick leave, vacation or time off;
  • other illegal actions or omissions of the employer, creating a negative working atmosphere for the work of the employee;

Where to apply?

If an employer violates the labor rights of an employee, one of the following authorities should be contacted:

  • Law enforcement agencies (Prosecutor's office);
  • Judicial authority;

When contacting one of the listed authorities, the employee, drawn up in any form or according to the model of the established form.

Collective (submitted by a group of employees), rather than individual complaints, are considered to be the most effective.

Read about the procedure for resolving collective labor disputes.

Let's consider the appeal to each of the instances separately.

Labour Inspectorate

If the employee fails to resolve the violation of his labor rights during peaceful negotiations with the employer, then the next step will be.

The duties of the labor inspectors include:

  • Monitoring compliance with the current norms of the Labor Code of the Russian Federation;
  • Appointment of responsibility for violation of the current norms of the Labor Code of the Russian Federation;

When applying to the Labor Inspectorate, the employee must

You can make a complaint both in an arbitrary form and according to the model of the established form by downloading it on the Internet.

You can contact the Labor Inspectorate either personally by making a written complaint, or through the official website of the territorial division of the Inspectorate. In addition, you can call the TI hotline listed on the website.

A complaint can be submitted to the Labor Inspectorate in one of the following ways:

  • Personally;

A personal appeal to the Inspectorate will not speed up the process of considering a complaint. Therefore, you should choose this method of delivering an application only if you want to consult with employees of the Labor Inspectorate on some labor issues.

  • By post;

Documents confirming the labor violations listed in the complaint must be attached to the complaint without fail. Otherwise, the complaint will not be considered.

The term for studying the complaint is thirty days (starting from the date of receipt of the application).

The complaint must contain the following information:

  • The name of the organization, the head of which is accused of violating labor rights;
  • Details of the head himself (full name, position held);
  • Details of the applicant (name, position);
  • Description of the reason for filing a complaint with legislative references (articles of the Labor and Civil Code);
  • A list of documents attached to the complaint confirming the described violations;

If employees approve the complaint, the organization against which it was filed will be subject to a sudden review. In the event that the violations indicated in the complaint are detected, such “punitive measures” as temporary suspension from the performance of their duties, an administrative fine, etc. will be applied to the employer. The rights of the worker, on the contrary, will be restored.

Employees of the Labor Inspectorate do not often undertake to “administer justice” and, in case of ambiguity in the situation, redirect the case to court.

However, if the Labor Inspectorate refuses, you should not immediately go to court. Before that, you should contact the law enforcement agency - the prosecutor's office.

Appeal to the prosecutor's office

The Prosecutor's Office, as well as the Labor Inspectorate, monitors the observance of the labor rights of the employee by the employer.

All grounds for issuing such an order are spelled out in Article 122 of the Civil Procedure Code of the Russian Federation.

An important condition for issuing such an order should be the recognition by the employer of violating the rights of the employee.

The advantage of a court order compared to a lawsuit is the shorter time for resolving the situation due to the absence of court hearings and the need to collect a huge evidence base.

After filing an application for a court order, a decision is made within five days. If the application is satisfied, the finished decision is sent to the guilty employer. At this point, the employer may appeal the order. If he does not do this, then the order is considered to have entered into force.

Responsibility for the execution of the order falls on the shoulders of the bailiffs. As a punitive measure, an employer may be required to:

  • For the payment of wages to the employee, a multiple of three months' earnings;
  • Restore the rights of the employee that have been violated;
  • Other measures;

In relations between the employer and the employee, all rights and obligations of both are governed by the norms of the Labor Code of the Russian Federation.

The law provides for mandatory conditions that must be met workplace, and social conditions that the employee must be provided with.

Compliance with the norms of the Labor Code by the state is monitored by a supervisory body subordinate to the Ministry of Labor and Social Protection.

Decree of the Government of the Russian Federation No. 324 “On approval of the regulation on Federal Service on labor and employment” dated 06/30/2004 executive body in the field of supervision labor relations Rostrud was appointed. Another name for this supervisory body is the State Labor Inspectorate.

This organization has territorial divisions in each subject of the Russian Federation and is directly subordinate to the Federal Service for Labor and Employment.

Tasks of the labor inspectorate

The main tasks and powers of the State Labor Inspectorate are described in Part 2 of Decree No. 324. They include:

  1. Compliance control. Produced by inspections - scheduled and unscheduled.
  2. Supervision of compliance with events that occurred in production and their accounting at the enterprise.
  3. Supervision of the implementation of social payments and preferential categories by bodies endowed with state power.
  4. Supervision of the activities of guardianship and guardianship authorities regarding incapacitated persons.
  5. in organizations funded by the state.
  6. Informing employees and employers on issues related to labor legislation.
  7. Carrying out state examination of working conditions for hazardous and harmful conditions for the purpose of providing compensation to workers.
  8. Enterprise compliance assessment.

When does it make sense to contact the Labor Inspectorate

It is worth saying that in addition to scheduled inspections, the State Labor Inspectorate conducts unscheduled inspections under the conditions described in Article 360 ​​of the Labor Code of the Russian Federation. According to the text of this document, the GTI can come in the following cases:

  • Upon receipt of applications from employees of the enterprise, indicating the facts of violation by the employer of the main legal acts of labor legislation.
  • If there is a complaint from an employee of the enterprise about a violation of his labor law.
  • Upon receipt of a request from an employee of the enterprise, which consists in checking the conditions of the place where he works for compliance with the requirements of labor protection.
  • At the end of the period assigned to the employer to eliminate violations related to the implementation of labor legislation.

If an employee believes that his labor rights violated by the employer in any way, he has the right. This can be done in the following cases:

  • or ;

According to labor law, wages must be paid twice a month.

If the employer does not pay wages, according to Article 142 of the Labor Code of the Russian Federation, the employee of the enterprise has the right to suspend the performance of his labor duties and not be at his workplace for a period until the salary is paid in full. At the same time, compensation must be paid to him for each day of downtime. This is evidenced by the test of article 236 of the Labor Code of the Russian Federation.

  • incorrect calculation;
  • non-payment of benefits or;

Overtime work in accordance with the norms of Article 152 of the Labor Code of the Russian Federation should not exceed one hundred and twenty hours per calendar year. Such work should be paid at a double rate (with the exception of the first two hours - they are paid at one and a half times from the established salary). In agreement with the employee and only with his consent, the employer may provide time off as compensation for overtime work or work on weekends.

  • unwillingness of the employer to conclude an employment contract;

By law, the conclusion of an employment contract is a prerequisite for starting work.

  • incorrectly executed, entailing a violation of the rights of the employee;
  • inconsistency of actual working conditions with the text of the contract.

There may still be a lot of reasons for contacting Rostrud, but all of them must have grounds that testify to.

How to contact the labor inspectorate

In order to apply to Rostrud with a complaint, the first step is to find in the directory or on the Internet the address of the territorial department of the GTI and the name of the inspector in charge of the site where the enterprise is located.

Submit the complaint in writing in two copies.

If there are documents that indicate a violation of the rights of the employee, they must be attached to the complaint.

File a complaint with the territorial body of Rostrud in person or by mail by registered letter. One copy remains with the inspector, and the second is marked with the acceptance of the complaint for consideration, the number and signature.

After receiving the application, the STI must consider it within 30 days and send an inspector to inspect the enterprise.

What can the Labor Inspectorate check?

During inspections, the State Labor Inspectorate first of all, it checks the documentation of the enterprise: statutory, organizational and labor.

Employment documents include those that relate to all employees of the enterprise:

  • contracts - labor and collective;
  • staffing and timesheets;
  • internal rules of the enterprise related to the organization of working hours and breaks;
  • vacation schedules and payrolls;
  • various journals and ledgers.

The main mistakes occur when drawing up an employment contract.

According to article 57 of the Labor Code of the Russian Federation, an employment contract must consist of three parts:

  • information about the employee and employer;
  • mandatory terms of the contract;
  • additional conditions.

Which conducts, first of all, makes sure that all the conditions that are mandatory for inclusion are indicated in the text. These conditions are enshrined in Article 57 of the Labor Code of the Russian Federation and represent the following requirements:

  • job information and job responsibilities(with indication of position according to staffing and specific type of work)
  • date of commencement of work and working hours;
  • conditions of remuneration and rest time;
  • compensation for work associated with harmful or dangerous conditions.

If, at the time of signing, any of the mandatory conditions are absent in the contract, they must be recorded in the form of an additional agreement, which is an integral part of the employment contract.

In addition to checking documentation, the inspector may check office space, staff eating and recreation areas, and workplaces for compliance with labor protection rules.

During the audit, the GTI may interview personnel, request any information necessary for the audit.

If violations are detected, Rostrud has the right to suspend the operation of the enterprise as a whole or its individual divisions, and may suspend employees who have not completed a safety training course at the workplace.

The inspector has the right to bring to responsibility (administrative) those persons who are guilty of violating the norms of labor legislation.

Send a request to the judicial authorities to terminate the activities of the enterprise, if the conclusion of the labor examination establishes that the working conditions do not meet the requirements of the Labor Code of the Russian Federation.

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