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Absolutely any relationship between an employee and an employer is regulated by a set of laws called the Labor Code Russian Federation" This is a list of norms, regulations and rules that regulate absolutely all labor issues, such as the payment of wages, hiring, dismissal, etc.

As a rule, all violations of the Labor Code are dealt with by a special service called the Labor Inspectorate. But sometimes violations by the employer are so complex or severe that it is necessary to involve law enforcement services. In this article we will tell you how to complain about an employer to the prosecutor's office and what this can lead to.

When is it okay to complain?

As mentioned above, the main disputes regarding violations of labor laws are considered by the Labor Inspectorate. It regulates problems such as improperly executed dismissal, violations in the payment of wages, errors in working with documents, etc. The prosecutor's office deals with more serious complaints. In order for your application to be accepted, it must concern not only a violation of labor rights, but also civil rights. You can contact the prosecutor's office in the following cases:

• The employer did not comply with the terms of the resolution issued by the Labor Inspectorate. In the event that you previously contacted the Labor Inspectorate, but the employer did not comply with its decision, you have the opportunity to file a complaint with the prosecutor's office, attaching the issued decision to it. At the same time, the period for consideration of such an application is, as a rule, minimal - the prosecutor’s office does not require an inspection, since it has already been carried out by another government service;
• The employer violated the citizen’s labor rights, which also affected his civil liberties. As a rule, these violations relate to illegal overtime, work at inappropriate hours or in excess of the norm established by law. You can also complain to the prosecutor's office about being forced to work overtime (for example, under the threat of dismissal) or assigning overtime to those to whom it cannot be assigned by law;
• The employer has committed a violation that may be considered an administrative or criminal offense. This can happen in different situations
• , for example, if the employer is found to have committed fraud or slandered his employees, falsified documents have been discovered, etc.; The employer committed a serious violation when working with finances
• . Most often, such violations are associated with non-payment of wages, namely with its illegal withholding, unlawful refusal to pay it, or withholding fines not provided for either by the employment contract or the Labor Code of the Russian Federation; The employer distributed the employee's personal data without his written consent.
• According to current legislation, the employer has the right to transfer data about the employee to third parties only with his separate written consent. If this rule is ignored, then it will be possible to recognize a violation of the employee’s civil rights; The employer violated the rules of working with other government services.

The employer must actively cooperate with various government services. For example, with the pension fund, tax, migration services. So if you find out that the employer does not pay the necessary taxes, does not pay pensions or does not register foreign workers, then you can submit an application to the prosecutor’s office.

How to file a complaint An application to the prosecutor's office against an employer is a document of strict form, which is written in accordance with standard rules writing and submitting applications to public services

. It is worth noting that failure to comply with these rules will result in the complaint being left without consideration.

• The basic principles of writing an application to the prosecutor's office are as follows:
• You need to write correctly, without errors. Marks and corrections are not allowed. It is best to print the complaint. You can also download a sample complaint against an employer to the prosecutor’s office in advance or ask a lawyer for help;
• Information must be provided clearly and understandably. Contradictions and unconfirmed speculation are not allowed;
• Avoid profanity and insults. Complaints containing profanity will not be considered at all.

Now let's look at the text of the complaint itself. It should have a clear structure and consist of three parts:

• Statement title. Contains information about the prosecutor's office and the applicant. First, the name and title of the head of the department in whose name the application is being submitted are written down. Then follows information about the branch itself - name and address. The title ends with a list of information about the applicant: full name, registration address and contacts;
• Information part. Contains information about the offense. First, you need to describe the employer and your employment relationship in detail. You need to enter all known information about the employer (name of the organization or full name of the individual entrepreneur, details, addresses, contacts) and data on the employment contract. Then you need to describe in detail the circumstances of the violation: when and by whom it was committed, what damage was caused and what particular article of legislation or clause of the employment contract was violated. Then you need to provide a list of your requests to the prosecutor’s office;
• Conclusion. It must include all additional information that is not included in the information part. Namely, a list of all attached case materials (copies of documents, testimony, photos, etc.), the signature of the applicant and the date of filing your complaint.

Sample

How to file a complaint

Filing a complaint to the prosecutor's office is a very simple procedure. You can submit your application in one of three ways:

• Contact the department in person. It is worth visiting the branch that is assigned to the area where you live. Moreover, in order to submit an application, you just need to find an authorized employee in the reception department, who receives citizens’ complaints. After the application is submitted, you will be given a receipt stating that the prosecutor's office accepted it and the case materials;
• File a complaint with the department with the help of your legal representative. If you do not have the opportunity to file a complaint with the prosecutor's office in person, then you have the right to send in your place a legal representative who has a notarized power of attorney. The procedure is the same as when sending a complaint personally by the applicant;
• Submit a complaint to the department by mail. If you do not have the opportunity to independently get to the prosecutor’s office you need, then your complaint can be delivered by mail. To do this, you can use the service of sending registered letters with delivery notification.

There is another way in which your complaint can reach the prosecutor's office. Namely through the Labor Inspectorate. The fact is that the Labor Inspectorate examines cases only within the framework of the Labor Code, and its powers, although great, are not unlimited. Therefore, as a result of the inspection, your employer’s complaint, if a violation of civil rights or the commission of a criminal offense is discovered, may be transferred to the prosecutor’s office. You must be informed about this in a separate letter.

Consideration of the complaint

The consideration of a complaint in the prosecutor's office is slightly different from a similar operation in other government services. Firstly, the timing differs - in the prosecutor’s office, consideration of an application in the standard manner takes up to 2 weeks, and if additional verification and opening a case is necessary, up to a month. Secondly, the prosecutor's office actively cooperates with the applicant, so be prepared to actively assist in the prosecution of the case and, if necessary, provide documents and testimony. Thirdly, when checking an employer, the prosecutor’s office can involve a variety of services in the case, so the check will be comprehensive and thorough.

So how does the complaint process proceed? It is impossible to say for sure, since each case is examined individually. If a serious inspection is not required, and the employer’s violation is obvious and well-founded by the victim, then the prosecutor’s office simply requests the necessary papers from the employer and, having confirmed the violation, makes a decision.

If the violation requires verification, then the prosecutor’s office employees can themselves go to the employer to check. At the same time, they can involve a variety of government services in their work. During such checks, the victim may also be involved in the case, from whom additional testimony and certificates may be required. If during such an inspection a significant violation of the law is discovered, a full-fledged case may be opened, and the employer’s activities will be temporarily suspended.

Consequences for the employer

If the prosecutor's office discovers a violation by the employer, he will face certain liability. It can be both administrative and criminal. It is also possible disciplinary action, but it is possible only in the case of the most minor violations, but, as a rule, does not carry serious consequences.

With administrative liability, everything is quite simple - it occurs in case of minor violations, and is regulated by the Code of Administrative Offenses. Usually, administrative responsibility arises in case of violation of labor laws, as well as in case of unintentional violation of civil rights. In such cases, the case ends with a decision to eliminate the violation and impose a fine (the amount of which is determined either in accordance with the article of the Code of Administrative Offenses or in accordance with the damage caused).

With criminal liability, everything is a little more complicated. The fact is that if signs of a serious intentional violation are found, then the degree of guilt must be determined in court. In this case, the prosecutor's office transfers the available information to a higher authority, and the court determines the degree of guilt of the employer. At the same time, cases related to intentional offenses committed for personal gain most often end up in court. Criminal liability also varies: from large fines to termination of the employer’s activities and imprisonment.

Where else can you go?

The prosecutor's office is not the only service that will help you solve your problems at work. In addition to the complaint to this law enforcement service You can resolve the conflict in the following ways:

• File a complaint with the employer himself. Sometimes violations are committed completely by accident, and to quickly eliminate them, it is enough to point them out. In addition, such a complaint can be submitted orally. But it is better to submit such complaints in writing - even if it does not help, you will have evidence of an attempt to peacefully resolve the dispute and an official response from the employer;
• File a complaint with your organization's union. This is a workers' association created to maintain labor order within the team, and with its help you can complain to the employer again, but more effectively;
• Contact the labor inspectorate. Labor inspection is state organization, which is responsible for compliance with the Labor Code of the Russian Federation. Contacting it is the main way to hold an employer accountable. And if you were unable to reach an agreement with the management on peaceful terms, then it is the labor office that you should contact first. The complaint form is similar to the one written to the prosecutor’s office (except that you do not need to write these instructions. The appeal is considered within a month;
• File a lawsuit. In the event that neither the labor office nor the prosecutor’s office were able to fully restore your rights, you should file statement of claim sue the employer. With the help of a claim, you can not only demand from your employer the restoration of your rights, but also payment of the compensation that you are entitled to by law.

If an employer repeatedly violates the rights of its employees and the terms of the employment contract - for example, delays wages, this is a reason to protect its labor rights.
There are several methods of protection. One of them is a statement to the prosecutor's office. But the complaint must be written correctly.

How to correctly write a complaint to the prosecutor's office against an employer

The complaint must be submitted in writing. It must be compiled in two copies. One remains with the applicant, with the date of admission and the number of the incoming document. The second is transferred to the prosecutor's office. If it is not possible to personally visit this institution, then a complaint can be sent to by registered mail with notice. The returned notice will be proof that a complaint was filed.

In case of a personal visit to the prosecutor's office, the period for consideration of the complaint is 1 month. After this period, the applicant must be notified of the results of the inspection. If the complaint was sent by mail, the period increases to two months. The applicant will receive a response in any case, even if the violations described in the application were not identified.

A complaint must be filed with the prosecutor's office of the district where the enterprise is located. In the header of the complaint you must indicate:

• full name of the prosecutor's office;
• position and full name of the district prosecutor;
• your full name, residential address, and contact information.

Then write the word “Complaint” in the middle of the sheet. After this, it is necessary to state in some detail the essence of the violations, and also indicate all the information available about the employer:

• full name of the enterprise indicating the organizational and legal form;
• Full name of the head;
• the violations that gave rise to the complaint, as well as the dates of their commission;
• measures taken by the employee to eliminate violations before filing a complaint;
• measures taken by the employer;
• list of applications. These are copies of documents that confirm the applicant’s words. For example, 2-NDFL certificates and other “labor” documents. The employer is obliged to provide them to the employee within 3 days upon the latter’s written application;
• date of filing the complaint and signature of the applicant.

Based on the complaint, a case will be opened, which the applicant has the right to become familiar with. To do this, you need to come to the prosecutor's office and find out which employee is handling the complaint.

Anonymous complaint to the prosecutor's office against an employer

It is necessary to write the complaint correctly, in full accordance with paragraph 1 of Art. 11 Federal Law 02.05.2006 No. 59-FZ “On the procedure for considering appeals from citizens of the Russian Federation.” Otherwise, inspectors have the right to leave an incorrectly written complaint without consideration.

You can file a complaint yourself, or you can resort to the services of professional lawyers, which will not make mistakes when drawing up.

The same Law states that the complaint must be signed specific person. That is, the prosecutor's office does not consider anonymous complaints.

Grounds for contacting the prosecutor's office

Absolutely every employee who believes that his legitimate interests have been violated by certain actions on the part of the employer has the right to appeal to the prosecutor’s office. If we talk about the grounds for filing, they can be completely different, depending on specific situation. The most common reasons include the following:

1. Systematic delays wages on the part of the employer. In accordance with current requirements, absolutely every manager must properly fulfill his obligations regarding the timely provision of subordinates with their due Money. It should be noted that even short delays will constitute a serious violation on the part of the authorities. This state of affairs, in turn, can act as legal basis to file a formal complaint with the prosecutor's office.
2. Other violations of financial obligations on the part of the boss. This can include, for example, incorrect calculation of wages or their unlawful reduction through a unilateral decision of the head of the company.
3. Violation by the employer of established rules regarding the procedure for paying overtime employees. In accordance with current requirements, such work must be paid by the boss at a double rate. However, modern practice shows that employers often prefer to simply “forget” about this rule. Such behavior by the boss is also a serious violation of the legitimate interests of the employee.
4. Unjustified dismissal by unilateral decision of the employer. Such situations can be encountered quite often in modern practice. Often, a manager simply wants to get rid of an employee who, for whatever reason, is not liked by his superiors. Such actions by a manager can result in very serious consequences for him after the employee contacts the prosecutor’s office.
5. Violation of the employee’s legal rights regarding the regular registration of the vacation period. Regardless of position, as well as other additional factors, absolutely every subordinate has the legal right to annual rest. Decor next vacation carried out by employees on the basis of the current schedule in the organization. An employer's refusal to provide leave without legal reasons is a valid basis for an employee to file formal complaints.
6. Other illegal actions of the manager, including forcing an employee to perform job functions that do not relate to his direct job responsibilities.

What documents are required for application?

Any employee whose rights have been violated by the actions of the employer must understand that one appeal to the prosecutor's office will most likely not be enough. In this case, it will be in the employee’s interests to provide various additional documents who can confirm his correctness and the validity of such an appeal.

It should immediately be noted that the exact list of additional documents is always established in individually, depending on the specific situation and claims that the employee has. However, most often the following materials are attached to the main application:

1. Written claims that were drawn up by an employee in the name of his employer during attempts to independently resolve the conflict that arose. In accordance with current requirements, before contacting an authorized authority, each employee is required to try to solve the existing problem independently. The optimal solution here it will be drawn up in the name of the employer official letters. It should be noted right away that such letters should always be prepared in two identical copies. Only in this case will the employee actually have documentary evidence of the fact that he tried to solve the problem himself, without involving other authorities.
2. Help in accordance with valid form 2-NDFL. This document contains information regarding the amount of all payments that were received by the employee for a certain billing period. Such a document will definitely be required if the dispute concerns financial issues.
3. An application for leave, which was drawn up by an employee and submitted to the boss’s desk, however, remained unfulfilled. Such a document is always required in cases of unlawful refusal by the employer to provide an employee with the rest period due to him.
4. Witness testimony recorded in writing. Such a document can act as a full-fledged confirmation of the employee’s correctness. A witness, for example, can talk about coercion on the part of the employer, blackmail and other violations.
5. Other documents that contain vital information regarding the conflict that has arisen between the employer and his employee. The main thing is that these papers have full legal force, namely, they have all the necessary seals, signatures of authorized persons and other required details.

Deadlines for filing a complaint with the prosecutor's office

Every employee who wishes to contact the prosecutor's office with a corresponding application must remember this important issue, as established deadlines for filing a complaint.

It should be immediately noted that these deadlines may vary somewhat, depending on the specific grounds on which the complaint is filed, for example:

1. In the event of a prolonged delay in wages on the part of the employer - for 2 or more calendar months, the period for possible appeal to the prosecutor's office will be one year.
2. If we are talking about such a violation as illegal dismissal, the period for filing claims against the employer will be exactly 3 months. This period of time must be counted from the moment the head of the organization issues the appropriate order to dismiss the employee.
3. In all other situations, the period for contacting the prosecutor's office will be 6 months from the moment the manager committed the relevant violations.

In case of violation of the established deadlines for application, the interested person’s right to submit an application to the authorized body is actually revoked. However, there will be certain exceptions to this rule. In particular, the missed deadline can be restored if the citizen proves that he simply could not contact the authorized body earlier.

The reason in this case can be a variety of circumstances, for example, an unexpected illness, a long stay in a hospital for treatment, being on a long business trip, etc. However, here the citizen needs to remember that any of the above grounds must be confirmed by relevant documents.

Sample complaint to the prosecutor's office against an employer in 2019

No official template has been established for a complaint against an employer. Let's look at an example of drawing up such a document:

• according to standard rules business correspondence in the right top corner The application must include all necessary details, for example:

  “To the prosecutor's office No. 24 of Moscow
  from Fedin Anton Yurievich,
  residing at:
  Moscow, st. Antonova-Ovseenko, 14, apt. 3.”



• Next, basic information about the violation that was committed by the employer should be indicated, for example:

  “In accordance with the provisions of my employment contract No. 23, I must receive my salary on the 25th of every month. However, in June 2019, I did not receive my funds on time. In response to my complaints, the employer responded that the issuance of funds was not his fault. To date, as of July 20, 2019, I have not received a salary. In accordance with the provisions of the Labor Code of the Russian Federation, the employer grossly violates my legal rights and interests.

Based on the above, I request:

1. Conduct an inspection of the employer's activities regarding the violations I described, namely, delays in wages and failure to fulfill financial obligations.
2. Establish appropriate liability measures against the employer.
3. ABOUT results achieved notify me in writing."

The final stage of drawing up a claim to the prosecutor's office will be the indication of various additional documents that will be an integral part of the application. All papers must be numbered and briefly described at the very end of the application. Next, the author puts the current date, as well as his own signature. After this, the document can be transferred to the prosecutor's office.

Download

You can download a sample complaint to the prosecutor's office against an employer in .doc format

The document form “Complaint to the prosecutor’s office against an employer, example” belongs to the “Complaint” section. Save the link to the document in in social networks or download it to your computer.

To the ___________ interdistrict prosecutor's office
______________________

_______________________________
Address: _________________________

COMPLAINT

I, ______________________, have been a member since __________ labor relations with the organization, LLC “_________”, in accordance with employment contract No. ________ dated ___________.
I was accepted into the organization for the position of Chief Accountant of the department accounting with an official salary of __________ rubles.
According to additional agreement No. ___ dated _________ to Employment Contract No. _________ dated ________, the amount of my official salary was set at __________ rubles.
From __________ to the present day, LLC “___________” has not paid me any wages, which is motivated by the employer due to the lack of profit and funds in the current account.
In accordance with Art. 136 of the Labor Code of the Russian Federation, when paying wages, the employer is obliged to notify each employee in writing about components wages due to him for the corresponding period, the amount and grounds for deductions made, as well as the total monetary amount to be paid.
Salaries are paid at least every half month per day, established by rules internal labor regulations, collective agreement, employment contract.
In accordance with Art. 57 Labor Code of the Russian Federation is one of mandatory conditions to be included in the employment contract are the terms of remuneration (including the amount tariff rate or salary (official salary) of the employee, additional payments, allowances and incentive payments).
In accordance with Art. 135 of the Labor Code of the Russian Federation, an employee’s wages are established by an employment contract in accordance with the wage systems in force for a given employer.
So, __________ year I was fired from the organization due to at will(clause 3, part 1, article 77 of the Labor Code of the Russian Federation) on the basis of Order No. 1 dated __________, I was given a work book.
However, on the day of dismissal, the final payment for wages was not made to me.
In accordance with Art. 84.1 of the Labor Code of the Russian Federation, the day of termination of the employment contract in all cases is the last day of work of the employee, with the exception of cases when the employee did not actually work, but after him, in accordance with Labor Code or other federal law, the place of work (position) was retained.
On the day of termination of the employment contract, the employer is obliged to issue the employee a work book and make payments to him in accordance with Article 140 of the Labor Code. Upon written application by the employee, the employer is also obliged to provide him with duly certified copies of documents related to work.
In accordance with Art. 140 of the Labor Code of the Russian Federation, upon termination of an employment contract, payment of all amounts due to the employee from the employer is made on the day of the employee’s dismissal. If the employee did not work on the day of dismissal, then the corresponding amounts must be paid no later than next day after the dismissed employee submits a request for payment.
In the event of a dispute about the amount of amounts due to the employee upon dismissal, the employer is obliged to pay the amount not disputed by him within the period specified in the article.
These violations of ____________ LLC were not corrected, contrary to the current legislation of the Russian Federation.
To date, wage arrears for _________ and _____________ years amount to __________ rubles ___ kopecks.
To repeated requests for payment of debts during my work, no specific response has been received from the employer, which can be considered as an unjustified refusal to pay the money due to me. Moreover, from the side of ____________ LLC, I received threats to make entries in the work book that would interfere with my further employment.
I believe that the actions of ____________ LLC are aimed at violating my rights guaranteed by Art. 21 of the Labor Code of the Russian Federation, and for failure to fulfill those imposed on the employer by law, Art. 22 of the Labor Code of the Russian Federation, duties.
So, in accordance with Art. 21 of the Labor Code of the Russian Federation, an employee has the right to:
conclusion, amendment and termination of an employment contract in the manner and under the conditions established by the Labor Code and other federal laws;
timely and full payment of wages in accordance with their qualifications, complexity of work, quantity and quality of work performed;
complete reliable information about working conditions and labor protection requirements in the workplace;
protection of your labor rights, freedoms and legitimate interests by all means not prohibited by law;
resolution of individual and collective labor disputes, including the right to strike, in the manner established by the Labor Code and other federal laws;
compensation for damage caused to him in connection with the execution labor responsibilities, and compensation for moral damage in the manner established by the Labor Code and other federal laws.
In turn, in accordance with Art. 22 of the Labor Code of the Russian Federation, the employer is obliged:
comply with labor legislation and other regulatory legal acts containing standards labor law, local regulations, conditions of the collective agreement, agreements and employment contracts;
provide workers with equal pay for work of equal value;
pay in full size wages due to employees within the time limits established in accordance with the Labor Code, collective agreement, internal labor regulations, employment contracts;
compensate for harm caused to employees in connection with the performance of their labor duties, as well as compensate moral injury in the manner and under the conditions established by the Labor Code, other federal laws and other regulations legal acts Russian Federation;
perform other duties provided for by labor legislation and other regulatory legal acts containing labor law standards, collective agreements, agreements, local regulations and employment contracts.
I would like to note that the law provides for liability for violation by an employer of an employee’s rights.
According to Art. 142 of the Labor Code of the Russian Federation, the employer and (or) those authorized by him in in the prescribed manner Representatives of the employer who delayed payment of wages to employees and other violations of wages are liable in accordance with the Labor Code and other federal laws.
In accordance with Art. 236 of the Labor Code of the Russian Federation in case of violation by the employer deadline payment of wages, vacation pay, dismissal payments and other payments due to the employee, the employer is obliged to pay them with interest ( monetary compensation) in an amount of not less than one three hundredth of the refinancing rate of the Central Bank of the Russian Federation in force at that time from amounts not paid on time for each day of delay starting from the next day after the established payment deadline up to and including the day of actual settlement. The amount of monetary compensation paid to an employee may be increased by a collective agreement or employment contract. The obligation to pay the specified monetary compensation arises regardless of the employer’s fault.
I regularly made attempts to resolve the current situation.
In accordance with Art. 362 of the Labor Code of the Russian Federation, managers and other officials of organizations, as well as employers - individuals those guilty of violating labor legislation and other regulatory legal acts containing labor law norms are liable in cases and in the manner established by the Labor Code and other federal laws.
In accordance with Art. 419 of the Labor Code of the Russian Federation, persons guilty of violating labor legislation and other acts containing labor law norms are subject to disciplinary and financial liability in the manner established by the Labor Code and other federal laws, and are also subject to civil, administrative and criminal liability in the manner established by federal laws.
To resolve the current situation, the labor and tax office didn't apply.
I consider contacting the prosecutor’s office one of the most effective means aimed at restoring the violated rights of the employee.
In accordance with Art. 353 of the Labor Code of the Russian Federation, state supervision over the accurate and uniform implementation of labor legislation and other regulatory legal acts containing labor law norms is carried out Prosecutor General of the Russian Federation and the prosecutors subordinate to it in accordance with federal law.
According to Art. 27 Federal Law“On the Prosecutor’s Office of the Russian Federation” No. 2202-1 dated January 17, 1992, when performing the functions assigned to him, the prosecutor:
considers and verifies applications, complaints and other reports of violations of human and civil rights and freedoms;
explains to victims the procedure for protecting their rights and freedoms;
takes measures to prevent and suppress violations of human and civil rights and freedoms, bring to justice those who violated the law, and compensate for the damage caused.
According to Art. 10 of this Law, the prosecutor's office, in accordance with their powers, resolves statements, complaints and other appeals containing information about violations of laws. The decision made by the prosecutor does not prevent a person from going to court to protect his rights. A decision on an appeal against a sentence, decision, determination and order of the court can only be appealed to a higher prosecutor.
The prosecutor, in accordance with the procedure established by law, takes measures to bring to justice persons who have committed offenses.
Based on the above, guided by the norms of Art. 27 and art. 10 of the Federal Law “On the Prosecutor’s Office of the Russian Federation” No. 2202-1 of January 17, 1992, Art. 353 Labor Code of the Russian Federation,

1. Consider this complaint on its merits.
2. Conduct an inspection of LLC “__________” (legal address: _____________________________) based on the facts I indicated, restore my violated rights and bring the perpetrators to appropriate responsibility.
3. Respond to this complaint as soon as possible.

Applications:

1. A copy of the employment contract.
2. A copy of the work book.

" " _____________ G. _________/____________/

From time to time, disputes may arise between company employees and the administration. conflict situation. Its grounds may be violations of the rights of workers carried out by the management of the enterprise. When negotiations on this issue are unsuccessful, the employee can seek protection of his rights from the competent authorities, including the prosecutor’s office. An employee’s complaints to the prosecutor’s office against an employer must be made in writing.

The resolution of labor disputes is regulated by labor law. To restore his rights, the employee must first contact the employer, the trade union, or the labor inspectorate directly. All this must be done before complaining to the prosecutor's office about your employer.

Important! To contact the prosecutor's office you must have grounds. Facts must be true and properly documented. If necessary, you will need to provide relevant evidence.

Jurisdiction of the prosecutor's office

The Prosecutor's Office carries out its activities in accordance with federal legislation. This law defines its jurisdiction.

According to the norms, the prosecutor's office is a body that supervises the work of various entities, including others government agencies in order to establish the fact of compliance with the current rules of law.

The Prosecutor's Office examines complaints on the following issues:

• Inaction or abuse of power by representatives state power.
• Violation of legal norms in force in the field of housing and communal services.
• Refusal of representatives of government agencies to provide services in accordance with their competence.
• Non-compliance with the rights of convicts and the procedure for their detention.
• Violation of labor legislation by the employer.

Nuances of competence

Accurate definition competencies of this body not given in the law. It is important for everyone who applies to understand that most of the issues that are addressed to the prosecutor’s office require a serious investigation. Therefore, the prosecutor will accept the complaint, but will forward it to the appropriate control body.

Representatives of the prosecutor's office decide what to do and where to redirect the application in each case individually. A prosecutor can draw up a protest and a presentation against a violation, and go to court, since he himself does not have the right to make decisions on bringing to justice.

In most cases, if the employee did not contact the labor inspectorate before filing a complaint, the prosecutor will first send the case there for consideration. And after the investigation, he can go to court to bring the negligent employer to appropriate penalties.

Attention! In this regard, it is recommended to consult with lawyers or read this information yourself before writing a complaint.

When to write

Thus, when filing a complaint against an employer with the prosecutor’s office, it is important that an investigation into what happened has already been carried out, and that the employee has all the results and materials of the case in his hands.

The employee files a complaint to the prosecutor's office against the employer in the following cases:

• Revealing the fact of discrimination on the part of the employer, inducing an employee to resign or illegally refusing to hire for personal reasons.
• Failure by the employer to comply with safety requirements established by regulations.
• Non-payment of remuneration to employees employment contracts or failure to pay wages on time. In this case, the payment of a small salary (less than the minimum wage), as well as the informal employment of workers with the payment of black or gray wages, will also be considered a violation. A serious violation is non-payment of wages to an employee, which led to aggravated consequences.

Attention! An employee can appeal to the prosecutor's office independently, or a complaint can be filed collectively.

How to properly file a complaint to the prosecutor's office against an employer

When drawing up an application, it is important to understand that this is an official document that will serve as the basis for an inspection.

There is no special form provided for it; it can be compiled in any form, but with an accurate statement of all the facts and evidence.

Text of the statement

It is customary to split the statement into three parts:

• Introductory - it indicates who exactly the recipient is of this document. The full name of the prosecutor's office, position and personal data of the prosecutor are reflected here. In this section you also need to record the personal information of the complainant, where he lives, as well as contact information where you can contact the complainant.
• Informational - it follows after indicating the name of the document “Complaint”. This section is important as it includes all the necessary information for the proceedings. All information about the employer is reflected here (his name, location address), official representative company (director) indicating the full name. Next, the violations that prompted the employee to file this complaint are recorded, as well as the date on which they occurred. After this, a company employee can describe the actions he took to eliminate violations by the company’s administration. The following lists the actions and measures the employer took when the employee approached him with his claim. When preparing this part, it is recommended to use clear, concise phrases that reflect the essence of the matter, and also indicate references to regulations in the text.
• Final - this reflects the employee’s request to conduct an inspection against his employer and issue an order to the company administration to eliminate violations. In conclusion, you should indicate a list of applications that confirm what happened and confirm the violation on the part of the employer. It is imperative to attach forms that confirm that the individual is an employee of this company. The complaint is signed by the employee, who writes next to the date the statement was written.