Where to complain about the management company. A complaint against an employer: what will it give and is it worth complaining at all? The employer violates the labor code where to complain anonymously

The employer is not inclined to pamper his subordinates with gentleness and respectful treatment, and sometimes acts in a completely dictatorial manner. An offended sense of justice requires a way out, and it can be extremely unexpected.

An employee of one of the private companies, Alexey, outraged by salary delays, nagging from his superiors and unfair dismissal, took revenge on his boss with creativity and scope.

He created profiles on the dating site of several social networks, posted there the boss’s personal information and photographs, and provided his real place of work and contact numbers. To make things even more painful, the offended employee announced his former boss’s non-traditional sexual orientation and even attached some videos, supposedly as proof.

He probably went too far in his desire to annoy his hated boss. The idea, of course, is brilliant: revenge is sophisticated, does not require costs, the target is struck inevitably and swiftly.

Alexey anticipated that the news would spread across the networks instantly, the boss would turn to the administration of the networks and sites with a demand to block fake accounts and urgently delete records. The administration, as usual, will react with a delay, and all this time the rumor will be buzzing, nerves will be spent, reputation will suffer, and friends and acquaintances will stay away.

All this is true, but the boomerang can return to the author of the revenge action if his involvement can be proven. He shouldn't hope that they won't look too hard.

They will, and how! They will attract specialists, determine IP addresses, restore correspondence on social networks, and take any other measures. And if the author is identified and his guilt is proven, then this trick could cost him dearly.

He cannot escape a lawsuit regarding honor, dignity and business reputation, demanding compensation for all types of damage caused. It won't seem enough! So was it worth starting all this without thinking about the consequences?

If the employer is wrong, it is, of course, not good to let him get away with it. But breaking the law in this case is categorically not recommended, because it is more expensive for yourself.

Industrial conflicts can be of all kinds. And sometimes employees come across such that the management grabs their heads, and the employer often allows himself too much, having finances, connections and administrative resources.

A hired worker goes to work, needing money, and does not have strong defenders behind him. He is vulnerable, and in a conflict with the employer he is most often the injured party. Finding himself in a stalemate, a person does not know where to turn, while in the Russian Federation there are government agencies that he can count on.

Where do we complain and for what reasons?

A conflict with an employer is sometimes so serious that it cannot be resolved peacefully. This is where third-party assistants, especially those in authority, come in handy. These are the labor inspectorate, the prosecutor's office and the court.

These are the main reasons why people go there.

• The employer does not want to enter into an employment contract with the employee.
• Pays money "in black".
• Delays wages or underpays.
• There is a delay in paying sick leave or vacation pay.
• Fires illegally.
• Delays the calculation and issuance of a work book upon dismissal.
• Otherwise, it violates the Labor Code of the Russian Federation.

How to file a complaint and what we expect from it

Whatever authority the employee applies to, he does so in writing. The text of the document must clearly and clearly state the facts, indicate dates and attach evidence, in paper or electronic form. If you contact Rostrud, you can use the portal “Onlineinspection.rf”, it allows you to track the fate of the request.

Anonymous messages are not accepted; you must provide your personal information and contact information.. Every complaint must be answered.

If you contact the labor inspectorate, the answer will be a visit of inspectors to the enterprise. They will appear within a month and check the facts. The same period is given to the employees of the prosecutor's office; they, for their part, first check and then react.

The court, as the last resort, considers the employee’s claim against the employer. It can be submitted until 3 months have elapsed from the date of violation. All evidence is attached to the case, including the results of previously taken measures. Both the prosecutor's office and Rostrud present to the court the evidence they have collected in the case, presented as the results of an audit.

The employee hopes that the employer will be ordered to correct the violation. For example, reinstatement at work, pay off everything you owe, and so on.

Working in the dark today can be dangerous

If a person agrees to receive a salary in an envelope, then he puts himself in an obviously losing position. The employer receives almost unlimited power over him: if he wants, he will start paying less, or not pay at all. It will be very difficult to prove that you were not paid for your work. There are no documents, none of my colleagues will come as witnesses.

The only effective way is to contact the tax office, or at least intimidate the employer. If the tax authorities receive a complaint, they will begin checking the employer no later than in a month. However, in this case, not only the owner of the enterprise may suffer, but also the complainant himself.

The tax office is interested in deductions from wages, which should be sent to it. And here questions may arise for the employee. Did he know that the employer does not make deductions from his salary and does not pay taxes?

If he knew, he had to do it himself. If he didn’t know, then the bribes are cleared from him, and all the blame falls on the employer.

Based on the results of the audit, tax authorities may come to the conclusion that the employee was in collusion with his employer, and both deliberately did not pay taxes. The consequences for both will be sad: Art. 199 of the Criminal Code of the Russian Federation - for the employer, and for the employee - Art. 198, as amended in April 2018.

It says that if a citizen did not pay personal income tax and did not indicate income in the declaration, then he will have to pay, in addition to the tax, a fine and penalties. The fine will be 100-300 thousand rubles, the violator faces either forced labor, or arrest for six months, or imprisonment for up to 1 year - at the choice of the court.

What does a complaint give, and is it worth complaining?

Statistics show that every 5th employee in Russia faces arbitrariness on the part of the employer. The most popular violations are dismissals, layoffs, and delayed wages. It is widely practiced to work without a contract, or the contract specifies minimum rates, and additional payments are made informally, in envelopes.

Most complaints were recorded in large cities. Firstly, there are more jobs there, so people have less fear of losing their source of income. Residents of megacities are more informed about their rights, and it is easier for them to decide to take active action.

In small towns and in the provinces there is less work, where people are afraid of losing their job and suffer harassment. And there is little hope for justice here, “everything is captured.”

If there is a trade union functioning at the enterprise, then the best thing to do is to contact them. Trade unions have a wide range of methods of influencing management, the only trouble is that there are too few trade union organizations today.

Most complaints still concern wages. But it is difficult to win money litigation against a legally competent employer. Official documents contain only “correct” data, there are no witnesses. And judges do not particularly trust those who were fired earlier, since an insulted person can slander the offender.

It is also difficult to prove the illegality of dismissal, especially when the employee was forced to write a statement of his own free will. It is a little easier to spot violations during staff reductions.

It must be said frankly that employers do not unfairly fire and oppress everyone. Those who fall under the administrative skating rink are primarily violators of routine, those who like to gossip on the sidelines, and not very loyal employees. Sometimes it is a person’s own fault for incurring the wrath of management.

How should an employee behave with an employer?

The line of behavior should be calm, restrained, and friendly. You must constantly monitor your actions, starting from the moment you join the staff.

1. You should not agree to work without drawing up a contract, or to accept payment according to gray schemes. In this case, you immediately find yourself in the risk zone.
2. If you are still involved in the schemes, then check with the accounting department whether the company transfers contributions and taxes in the proper amount. If not, then pay the personal income tax yourself, this will protect you from tax claims when violations are revealed.
3. When entering into conflict with an employer, rely only on yourself. Remember that none of those employees who expressed sympathy and encouragement for you will stand next to you against management.
4. Supervisory authorities are obliged to respond to your complaint, but they need strong evidence. When getting involved in a war with your superiors, take care of collecting documents, videos and photos confirming that you are right.
5. If you are a non-conflict and impressionable person, then it is cheaper for you to silently look for another job. But if you are active, passionate and convinced that you are right, then fight! Just make sure that the pursuit of justice does not push you beyond the laws of the Russian Federation.

Greetings, my readers! Today we will talk about a rather sensitive issue. I am almost one hundred percent sure that every working Russian has encountered such a problem, but did not know how to solve it.

So, the topic of the next material is where to file a complaint against an employer anonymously.

Agree that openly expressing your dissatisfaction with the employer’s behavior and complaining to the labor inspectorate will only lead to an aggravation of the situation at work, which is not at all necessary if you do not intend to quit.

But is it possible to file a complaint against an employer without providing your personal data? This is a question to which the answer is not entirely clear to many busy citizens.

So, I myself did not complain, but in the legal field I came across a similar story and, as they say, I will help as much as I can. I will share my personal impressions and knowledge in this area.

Regardless of the method of submitting documentation, a citizen is obliged to indicate certain personal data in any application. This must be done in order to identify the applicant and subsequently send him a response.

The following must be provided as personal information:

• Full name, if the person applying has it;
• phone number for contact – no need to provide information;
• full postal address (including zip code);
• Email is not necessary.

It is important to note that citizens are allowed to provide their personal choice of postal address or e-mail. Without the availability of the specified data or other means of communication, the application will be regarded as anonymous, which may become a reason for refusing to consider it.

A similar decision is made if the information in the appeal is not up to date or the recipient is indicated incorrectly.

What complaints can be submitted without specifying the sender or contact information?

The law allows anonymous appeals if the document sets out facts that relate to the following events:

1. Information about an unlawful act in any phase. In this case, you need to contact the prosecutor's office.
2. If an attempt has been made on citizens or officials or a crime has already occurred.
3. When a corruption scheme is revealed and a person is faced with abuse of official position. For example, they demanded a bribe or other privileges from him.
4. Information about a planned or completed terrorist attack.
5. In case of violations on the part of the employer, but here, the employee will have to provide personal information. The entered information will not go anywhere and will be encrypted by the system.

As a result of what has been written, we can say that you can complain about an employer anonymously, but in compliance with certain regulations.

How to file a complaint and where to send it

To avoid questions such as where and to whom to complain about the illegal actions of the employer, the Federal Labor Service has developed and implemented a special service that allows people to anonymously file complaints about existing violations of labor standards. The new service received the official name – Electronic Inspector.

When applying, the employee provides his personal data, but it is classified by the service and no one can access it. This format for filing a complaint is very convenient if an employee’s rights are regularly violated, but the author of the complaint is afraid of a negative reaction from the manager and subsequent dismissal.

The electronic message is compiled and sent to Rostrud online, through the department’s Internet resource, but completely anonymously; these manipulations will not be possible. The fact is that even in such a statement you will have to report what happened in as much detail and as accurately as possible.

In addition, the person applying must remember that the anonymity of the request does not relieve him of liability for libel. More detailed information on this issue can be obtained from the video:

How to write a request correctly

Depending on where you need to contact, you can choose how to do this: orally or in writing. The oral format is provided for contacting a helpline, where you do not need to provide your name and other information.

A written complaint also requires attention when drafting. Moreover, it is advisable to attach additional documents to the paper confirming the information contained in the complaint.

The style of the complaint should be strict and formal, and the document should clearly follow the sequence of events that occurred and indicate the date and location of the incident. There is no need to sign an anonymous complaint. It is allowed to indicate someone else's name, but the date must be entered.

When filing a complaint online, the prepared text is entered into a special form, but it should be remembered that the user has a character limit. The rest of the compilation principle is similar, except that attachments are attached to the message in the form of scanned copies.

The period for consideration of the application is no more than 30 days, after which a decision is made on further actions.

Instead of results

When filing an anonymous complaint against the actions of an employer, you should know that the more detailed and clear the events related to the violation of labor laws are stated, the higher the likelihood that enforcement action will be taken against the person who committed the act.

The appeal can be submitted anonymously, in writing or online. If the option of reporting a problem by phone is suitable for someone, then you can contact the helpline.

In labor practice, situations often arise when it is necessary to actively influence the illegal actions (inactions) of the employer and seek help from the labor inspectorate or other government agency. At the same time, the employee often does not want to advertise his personal data, fearing a deterioration in relations with his superiors and other unpleasant consequences.

Many people wonder whether it is possible to submit an anonymous application to the labor inspectorate? Perhaps, but with serious reservations. In this article we will look at the rules for drawing up a complaint against an employer and sending it and talk about the problem of anonymity.

Basic rules for filing a complaint to the inspectorate

A complaint against an employer does not have a strictly fixed form. When compiling it, the general rules of business correspondence apply. You can view a sample application to the labor inspectorate using the link at the end of the article.

Complaints to the inspectorate consist of several mandatory parts:

1. Statement header. Compiled in the upper right corner of the sheet. It indicates the territorial labor inspection body to which the document will be sent, the applicant’s personal data (full name, position held and full name of the organization where he works or worked), and permanent residence address. Contact information in the form of telephone or email is optional, but will not be superfluous;
2. The main part of the complaint. It describes the current situation in detail, indicating the time during which the applicant has been working in the organization, his position and work unit. It describes in as much detail as possible when and how labor rights were violated. It is advisable, along the way, to make references to articles of the Labor Code and other laws that were violated and on the basis of which the employer bears administrative liability;
3. At the end of the main text part it is done block with requests , among which there may be a request to conduct a full inspection of the organization and eliminate identified violations of labor legislation, as well as a request to force the employer to fulfill his duties on the basis of an employment contract or to bring to administrative responsibility the circle of perpetrators;
4. Block with applications. The application must be accompanied by a copy of the applicant’s passport and a copy of the employment contract, as well as other documents that are related to the situation under consideration. These can be copies of orders, accounting documents, reports, payroll statements, etc. Written testimony of witnesses (other employees of the organization) will also be useful;
5. Block with date, signature and its explanation (full name) .

The described form of complaint to the inspectorate is also suitable for filing a claim with the judicial authorities or the prosecutor's office if the labor inspectorate cannot help resolve the situation. But in the event of a trial, there is no need to talk about anonymity at all, since both parties will be required to be present in person at the meeting.

The complaint to the inspectorate is drawn up in 2 copies, one of which with the registration number, date of receipt and signature of the receiving official (with its transcript and indication of position) remains in the hands of the employee. Time limit for consideration of a complaint – 30 days, and in case of illegal dismissal - 10 days.

Methods for filing a complaint

There are several ways to submit a complaint against an employer to the labor inspectorate:

• Take it to the local labor inspectorate in person;
• Send via Russian Post by registered mail with notification . The notification will serve as proof of delivery of the letter, and until it is received, you should keep the receipt of the letter with you;
• Submit your application via the website Onlineinspektsiya.rf. Now this method is the most efficient and convenient, but it requires mandatory registration on the State Services portal. It is from this site that information about the applicant will be taken, which can be supplemented with a detailed description of the problem situation and files in the form of photographs or scanned copies of documents proving the fact of the violation. The inspection’s response to an application submitted via the Internet will be sent to the applicant’s email or real mail, at his choice.

How to anonymously send an application to an employer?

Government bodies, including the labor inspectorate, do not accept anonymous complaints and applications (documents that completely or partially lack the applicant’s personal data). In this case, there is no one to send notification of the inspection; there is no party in whose interests the inspection should act.

But there is a small nuance - the employee has the right to ask in the application for non-disclosure of his name and other personal data. This can be done using the phrase “Please do not disclose information about me as an applicant.”

In this case, the complaint will be anonymous only for the employer, but not for Rostrud employees. Inspectors have the right not to inform the employer about who exactly reported a violation of labor laws. A request for privacy is not an anonymous complaint, but it is the only way to protect yourself from retaliatory action from your employer.

Is there any liability for disclosing information about the applicant?

Formally, the labor inspector is responsible for the disclosure of information about the applicant on the basis of Article 6, Part 2 of Federal Law No. 59 of May 2, 2006:

When considering an appeal, it is not permitted to disclose information contained in the appeal, as well as information relating to the private life of a citizen, without his consent. Sending a written appeal to a state body, local government body or official whose competence includes resolving the issues raised in the appeal does not constitute disclosure of information contained in the appeal.

However, there is no talk of real liability (administrative and especially criminal), so not a single government employee will give a full guarantee that the applicant’s personal data will be kept secret. It is also difficult to keep them secret because the law prohibits the inspector from demanding that the employer provide information and documents that do not directly relate to the complaint under consideration. Therefore, in the event of a violation of an employee’s labor rights, it will be quite difficult to leave him in the shadows.

The law does not provide for the possibility of making an anonymous complaint when contacting the labor inspectorate. Maintaining anonymity greatly depends on the specific situation and the identity of the labor inspector.