State labour Inspectorate In Moscow, protects the rights of working citizens, which are fixed in the Labor Code of the Russian Federation, but not always employers seek them to observe them. In the event of labor disputes or coarse infringement legal rights Workers need to contact the State Labor Inspectorate of Moscow. This authority acts as a guarantor of observance of labor law and is presented in each subject. Russian Federation.
Each employee who believes that the employer violates his labor rights, has the right to apply to the labor inspection with a complaint.
Labour Inspectorate:
- Takes, considers written appeals citizens about the violation of their labor rights
- Takes measures to employers to eliminate these violations
- Illegally dismissed employee
- Did not pay him wages or other, compensation provided for by labor legislation
- Violates the schedule of working time and rest time
- Violates the employee's right to the annual primary or additional vacation
- Violates other labor rights of workers stipulated by current labor legislation
- Personally
- Send by mail
- Your data
- Your email address and phone
- Employer data
- His actual and legal address
- Organization type - budgetary or extrabudgetary
- His position
- Information about the head
That is, it is possible to contact the labor inspection if the employer:
In the labor inspection, according to Art. The 360 \u200b\u200bTk of the Russian Federation, not only an employee who is officially employed, but also any other citizen who believes that the employer illegally refused to be in employment. Exactly the same functions and the State Labor Inspectorate of Moscow.
Employees who are employed with employers registered in Moscow and the Moscow Region may apply to this organization.
Reception of citizens in labor inspection in Moscow is carried out on the electronic and "living" queue. Reception is carried out at different addresses.
Specialists in the Labor Inspectorate in Moscow hold consultations of citizens by Skype, and also give oral clarifications by phone. For this, there is a "hot line".
Complaint of the labor inspection of Moscow
You can submit a complaint to the labor inspection in Moscow in several ways:
With the personal handling of a citizen of problems with the application of the application does not occur. He must bring a complaint in the 2 copies in the inspection. One instance of the complaint will be registered as incoming document - He was assigned a room. This number, as well as the date of acceptance of the complaint, the secretary will put on an instance that will remain in the applicant.
Within 30 days, starting from the moment of receipt of the application, the applicant must come the answer.
When sending a statement by mail, you need to place a letter as a custom with the notification and the description of the invested. When the notification returns to the applicant, it will indicate the number of acceptance of the letter. From this date begins "counting" 30 days.
When filing a complaint, the employee must indicate:
Then you need to describe your problem. It is necessary to do it competently, from the point of view of the Russian language and the stylistics of the appeal. You can not use offensive expressions and jargonisms. The complaint should be brief and meaningful, all the facts must be reliable and tested.
The applicant may attach documents to the complaint, as attached files of various formats.
Then to point out its requirements that you just need to mark the "checkmark". After that, the complaint can be sent.
The official address of Moscow Labor Inspectorate
Moscow - ul. Domodedovskaya, d. 24, Corpus 3. You can get to the inspection as follows - from m. Domodedovskaya buses on buses No. 148, 694, 766, 274 or route taxis No. 564m, 635m.
Reception of citizens on issues related to labor rights, in the order of living "queue is made at ul. Top fields, d. 11, corp. 1 p. 1 (left side of a two-story shopping building), a signboard at the entrance "Basic Center for Labor Protection of Yuvo in Moscow"; from Art. Metro Bratislavskaya, then route taxi No. 520 m, 517 m, 526 m, 5 stops to the Krasnodonskaya street, walking 500 meters.
Time of reception - Monday, Tuesday from 10-00 to 17-00 (lunch 13.00-14.00); Thursday from 09-00 to 13-00; Friday from 10-00 to 15-45.
In relations between the employer and the employee, all rights and obligations of both are regulated by the norms of the Labor Code of the Russian Federation.
The law provides for the mandatory conditions that must be configured. workplace, and the social conditions that the worker must be provided.
Observation of norms Labor Code The state is monitored by the control body, which is subordinate to the Ministry of Labor and Social Protection.
Decree of the Government of the Russian Federation № 324 "On approval of the Regulation on Federal Service for Labor and Employment" of 30.06.2004 executive body In the field of supervision of labor relations was appointed Rostrud. Another name of this controller is the State Labor Inspectorate.
This organization has territorial units in each subject of the Russian Federation and directly subordinate to the Federal Service for Labor and Employment.
Objectives of the Labor Inspection
The main tasks and powers of the State Labor Inspectorate are described in part 2 of Resolution No. 324. They include:
- Monitoring compliance. Performed by checks - planned and unscheduled.
- Supervision of compliance with the production and accounting in the enterprise.
- Oversight of social benefits and preferential categories bodies covered by state power.
- Supervision of the activities of guardianship and guardianship bodies concerning incapable persons.
- In organizations that are funded by the state.
- Informing workers and employers on issues relating to labor legislation.
- Conducting a state examination of working conditions for hazardous and harmful conditions in order to provide compensation workers.
- Assessment of compliance at the enterprise.
When it makes sense to apply to the employment inspection
It is worth saying that in addition to planned inspections, the state labor inspection conducts unplanned checks under the conditions described in Article 360 \u200b\u200bof the Labor Code of the Russian Federation. According to the text of this document, GTI can come in the following cases:
- When applying for applications from employees of the enterprise, indicating the facts of violation by the employer of the basic legal acts of labor laws.
- If there is a complaint from the employee of the enterprise about the violation of his labor law.
- Upon admission from the employee of the enterprise request, which consists in checking the conditions of the place, beyond which it works, for compliance with the requirements of labor protection.
- At the end of the term appointed by the employer to eliminate violations related to the execution of labor legislation.
In the event that the worker believes that his labor rights are violated by the employer to any extent, it is entitled. This can be done in the following cases:
- or ;
According to labor legislation, wages must be paid twice a month.
If the employer does not pay wages, under Article 142 of the Labor Code of the Russian Federation, an employee of the enterprise in the right to suspend the fulfillment of its employment duties and not be at its workplace for a period until the salary is paid in full. At the same time, it should be paid compensation for every day of downtime. This is said by the Test of Article 236 of the Labor Code of the Russian Federation.
- wrong calculation;
- failure of benefits or;
Overtime, under the norms of article 152 of the Labor Code of the Russian Federation should not exceed one hundred and twenty hours per calendar year. It should be paid for such work in a double size (with the exception of the first two hours - they are paid in one-time size of the established salary). In coordination with the employee and only with his consent, the employer may provide a rational as compensation for overtime work or work on weekends.
- employer reluctance to conclude labor contract;
By law, the conclusion of the employment contract is a prerequisite for the start of work.
- incorrectly decorated, enhanced by the violation of the rights of the employee;
- mind of the actual working conditions by the text of the contract.
The reasons for contacting Rostrud can still be very much, but they must all have grounds testifying to.
How to contact the labor inspection
In order to contact Rruce with a complaint, the first thing you need to be found in the directory or on the Internet address of the territorial department of GTI and the surname of the inspector, which oversees the site where the company is located.
Arrange the complaint itself writing in duplicate.
If there are documents that indicate a violation of the rights of the employee, they need to be attached to the complaint.
File a complaint territorial body Rostruda personally or by mail through a registered letter. One copy remains at the inspector, and on the second there is a mark on the adoption of a complaint against consideration, the number and signature.
After receiving the statement of GTI for 30 days, it should consider it and send the inspector to verify the enterprise.
What can check the labor inspectorate
When conducting inspections, the State Labor Inspectorate first of all, checks the documentation of the enterprise: the statutory, organizational and labor.
The labor documents relate to those relating to all employees of the enterprise:
- contracts - labor and collective;
- staff schedules and bookkeeping tables;
- internal rules of the enterprise related to the organization of working time and interruptions;
- vacation schedules and salary statements;
- all sorts of magazines and books.
Main errors are found in the design of the employment contract.
According to Article 57 of the TC of the Russian Federation, the employment contract must consist of three parts:
- information about the employee and employer;
- mandatory terms of the contract;
- additional conditions.
Which holds, first of all, ensures that all conditions are specified in the text, mandatory for inclusion. These conditions are enshrined in Article 57 of the Labor Code of the Russian Federation and are the following requirements:
- data on the place of work and employment duties (indicating the post according to a staffing schedule and a specific type of work);
- start date and working time mode;
- terms of remuneration and rest time;
- compensation for work associated with harmful or hazardous conditions.
If, when signing, there are no any of mandatory conditions, they must be fixed as such Agreementconstituting an integral part of the employment contract.
In addition to checking the documentation, the inspector can check office premises, facilities for eating and recreation staff, as well as jobs for compliance with labor protection rules.
In the course of checking, GTI can interview staff, request any information needed to verify.
In identifying violations, Rostrude has the right to suspend the work of an enterprise as a whole or its individual divisions, can be removed from the work of employees who have not passed the course of safety instruction in the workplace.
The inspector has the right to prosecute (administrative) those who are guilty of violating the norms of labor legislation.
Direct in organs judicial authority The requirement to terminate the activities of the enterprise, if the conclusion of employment expertise it was established that working conditions do not meet the requirements of the Labor Code of the Russian Federation.
"The public employment service is headed and organizes the Federal Labor Service and Employment. The regions have created public employment services subordinate to the supervisory authorities and the relevant executive authorities. They are funded at the expense of the Employment Fund and its activities are guided by the Conventions and Recommendations developed and adopted by the International Organization of Labor, established in 1919, as well as relevant laws and regulatory acts Russian Federation.
The state of these services has laid the following tasks:
1) provide support to the unemployed and help them in search of work;
2) to offer and implement measures to create new jobs;
3) organize vocational training and professional counseling of unoccupied citizens;
4) pay for training, including the content (rent) of premises and the payment of scholarships;
5) register the unemployed;
6) pay benefits for unemployment and other types of material assistance; 7) Registration early exit on retire;
8) develop employment and events social Protection various groups of the population "
Thus, the Federal Institute fulfills the main objectives for labor and employment.
"In accordance with the" Regulation on Federal Working Service and Employment ", the Federal Service for Labor and Employment is federal organ executive authority performing functions to control and oversight in the field of labor, employment and alternative civil service, on providing public services in facilitating employment and unemployment protection, labor migration and resolving collective labor disputes.
Functions Federal Service in labor and employment:
1. Implementation of state supervision and monitoring the implementation of labor legislation by employers;
2. Assessment of the state and forecast of the development of employment, informing about the situation in the labor market;
3. Development and implementation of federal, territorial (regional, regional, district, urban) and other targeted employment facilities for the employment of citizens under the risk of dismissal, as well as citizens who particularly need social protection and difficulties in finding work;
4. Promoting citizens in finding suitable work, and employers in finding the necessary workers;
5. Organization of activities of an active employment policy, if necessary, vocational guidance, training, retraining and advanced training of unemployed citizens;
6. Implementation of social benefits in the form of unemployment benefits, scholarships during the period of training in the direction of employment bodies, providing material and other assistance to the unemployed citizens and members of the unemployed families, which are on their content.
Services related to the promotion of employment of citizens are provided by employment authorities for free. "
The Federal Service for Labor and Employment is endowed with the following powers:
Performs state supervision and monitoring the observance of employers of labor legislation, installed order investigations and accounting accidents in production;
Supervises the regulatory legal regulation carried out by the authorities state power constituent entities of the Russian Federation on the Powered Powered Promotion Promotion of Population;
Carries out control over the passage of citizens of an alternative civil service and dismissal from it, the expenditures of the executive authorities of the constituent entities of the Russian Federation provided in the form of subventions from federal budget for the implementation of the powers transmitted, within its competence;
Registers with a notification order sectoral (inter-sectoral) agreements concluded on federal level social partnership;
Registered collective labor disputes on the conclusion, changes and implementation of agreements concluded at the federal level of social partnership, collective labor disputes in organizations funded from the federal budget, as well as collective labor disputes arising in cases where in accordance with the legislation of the Russian Federation in order to resolve the collective labor dispute to the strike can not be carried out;
Considers cases of administrative offenses;
Informs and advises employers and workers on compliance with labor legislation and regulatory legal acts containing labor law norms;
Summarizes the practice of applying and analyzing the causes of violations of labor legislation and regulatory legal acts, and also prepares the relevant proposals for improving them;
Analyzes the condition and reasons industrial injuries and develops proposals for its prevention;
Implements federal programs in the field of employment of the population, including programs to promote citizens and members of their families due to the direction to another locality for employment or training;
Implements measures of active employment policies;
Provides preparation plan for the direction of citizens to alternative civil service;
Promotes the settlement of collective labor disputes on the conclusion, changes and implementation of agreements concluded at the federal level of social partnership, collective labor disputes in organizations funded from the federal budget, as well as collective labor disputes that occur when in accordance with the legislation of the Russian Federation in aims to resolve the collective labor dispute to the strike cannot be carried out;
Leads databases for accounting for labor arbitrators;
Informs about the situation in the labor market in the Russian Federation, rights and guarantees in the field of employment and unemployment protection;
Performs state expertise working conditions;
Forms and maintain registers of recipients of public services in the field of employment of the population;
Analyzes the circumstances and the reasons for the violations of labor laws and other regulatory legal acts containing the norms of labor law takes measures to eliminate and restore the violated labor rights of citizens;
Participates in the preparation of proposals for the need to attract foreign workers and the formation of quotas for exercising foreign citizens labor activity In Russian federation;
Organizes the reception of citizens, ensures timely and complete consideration of the appeals of citizens, adopts solutions on them and directs the applicants the answers;
Interacts with government authorities foreign states and international organizations in the established field of activity. "
The Federal Service for Labor and Employment is not entitled to implement in the established field of activity regulatory legal regulationIn addition to cases established by the Decrees of the President of the Russian Federation and the Resolution of the Government of the Russian Federation, as well as management state property and the provision of paid services. "
Thus, the Federal Service for Labor and Employment is intended to carry out state supervision, control over the implementation of employers of labor legislation and assistance to citizens in finding work.
employment Population labor state