If the employer has created unbearable working conditions for you, then you can complain about it at once in four instances:, law enforcement agencies or court. Consideration and decision of what violations each of the bodies do? Read in the article.
What does the labor law relate to violations?
Labor law is a set of standards for regulating the working relationships of the chief and subordinate. The violations of this right include:
- When the employer does not provide its subordinate the ability to perform the work stipulated at the interview;
- If the employee does not receive that wage, which the employer promised;
- When, irregular, in incomplete volume;
- If the subordinate operates in unacceptable conditions;
- When the work schedule is not normalized: there are no weekends, subordinate works more than eight hours a day, it is not provided with legal leave, etc.;
- The employer deprives subordinate lunchtime, payments provided by law benefits, social insurance, etc.;
- The employer, without the consent of the subordinate, translates it to another job or at all;
- Other disorders described in;
Who can file a complaint?
- An employee of an organization in which his labor rights infringe upon the boss. Cutting wages, non-normalized working day, unexpected dismissal allow him to file a complaint into competent violations of the authorities;
- A citizen who has not arranged the attitude of a potential employer at the interview. For example, the employer did not explain the candidate for refusing to refer to work;
Where can I contact?
There are four bodies that deal with regulatory and labor protection issues:
- Federal Labor Service Rubrud ();
- Law enforcement agencies: Police and;
Each of the organs is engaged in solving certain violations.
What violations do the labor inspectorate?
- The employer does not conclude an agreement on employment with a mercenary;
- The employer does not pay a subordinate wage or pays it not in full. Cuts it for incomprehensible reasons;
- The employee is not given a legitimate vacation time;
- The employee works in the non-normalized schedule mode, due to which the output time is regularly deprived;
- The workplace of the subordinate does not comply with the norms of the Labor Code of the Russian Federation;
If one of the above violations relate to you, contact the Regional Unit of Labor Inspection or fill in the appeal on the official website of the State Labor Inspectorate in the "Write Appeal" section.
A sample of the complaint can be said on the official website for labor and employment or get in the local office of the inspection.
The appeal to the inspection can be submitted. This wish must be prescribed in a statement by a separate point.
Inspection Actions
After filling out the complaint in accordance with the requirements (described in the last section of Articles), the inspection will take one of the following:
- Arrange an unscheduled verification of the accused organization;
- In case of confirmation of the fact of labor violations, measures will take effect on their liquidation: a fine will be appointed, will suspend activities, will remove the guilty persons, will contribute to the attraction of violators to administrative or;
What violations are the prosecutor's office?
- When the employer does not pay the subordinate work for a long time;
- If the manager makes it necessary to work overtime, refusing to pay for this time additionally;
- Cash fines with respect to subordinate;
- The salary level is lower than the subsistence minimum;
- Psychological pressure on the employee from the authorities;
- Dismissal dismissal;
When contacting the prosecutor's office, you must fill out a statement, the sample of which can be downloaded freely available on the Internet. The completed statement must be attributed to the district office. The application must be attached to the documents that will serve as evidence of the accusations described in the statement.
The prosecutor's office respects the anonymity of the applied statement. So if the employee, by virtue of personal reasons, does not want to know about his "denunciation", then in the statement you need to clearly register about the intention to remain anonymous.
The actions of the prosecutor's office
- Check the facts described in the application. You may need a testimony of not only the compiler of complaints, but also other disinterested persons.
- Attracting the perpetrator to justice.
What violations do the police do?
The police should apply if a criminal case is seen in the actions of the head. For example:
- The company occurred, and the head silent about it;
- The head puts pressure on workers who would like to talk about the incident occurrence;
- The head gave false information by law enforcement agencies about the incident incident, which turned into one of the staff acquisitions of chronic disease, disability or death;
To appeal to the police, you need to make a statement, the sample of which will be provided to you in the local department after explaining the reasons that prompted it.
In addition to a written statement, you can complain to the employer and orally by calling 102. In this case, the application will fill the duty officer under dictation.
The term of consideration of the statement in the police is ten days.
What violations does the court do?
The court is the extreme instance on the way to solve problems with the bosses and need to contact it in the most extreme case. In court, violations of the next nature of the following nature are resolved:
- Unexpected dismissal of an employee without his consent on the reasons revealed by leadership;
To solve this violation in court, it is necessary to fill out the statement of claim, contacting the district court and prepare for the long-term process of litigation.
How to write a complaint?
In order not to rewrite the application submitted to one of the listed instances, it is important to consider some rules for its compilation. Namely:
- Minimum of subjectivity, maximum objectivity. The violations listed in the statement should not be applied to the expression of their own opinions, impressions and feelings;
- Well, if the disorders described will be supported by the relevant articles of the law;
- Disorders should be supported by evidence (correspondence, copies of documents, testimony);
- The letter must be compiled competently, in a business style, without "water", obscene vocabulary, briefly and concisely as possible.
- Even if you want to save the anonymity supplied by the complaint, you still need to specify personal data and contact information to the feedback case.
On unlawful actions or inaction of enterprises and their leaders to complain better in government agencies. For example, faced with rudeness in the hospital, you can complain about the Ministry of Health. On how to make a complaint with a doctor, you can read.
Important: Also, the claim can be left in the plaintive book of the institution whose services did not satisfy your requirements. According to the law "On the protection of consumer rights" in each trading point there must be a book of feedback and suggestions.
In what cases do we have the right to complain?
In most cases, the filing of the complaint will be on the applicant's side. But why can we do it? There are a lot of such situations.
For example, the sale of low-quality goods in the store, rudeness of personnel, poor quality of tap water or building noise.
All this is a violation of legislation, and you have the full right to make a complaint.
Why is it important to write a complaint?
Faced with unsatisfactory service, many closes on this eye. What is the point of writing a complaint if it does not help anything? This is not quite so.
Often the complaint is the only way to eliminate the arbitrariness and restore justice.It is only necessary to make a little effort to competently arrange a complaint. Then it will increase your chances of consideration.
How to write a complaint and where to file it?
First you need to decide in what form a complaint will be filed: in writing or oral. The law "On the procedure for consideration of the appeals of citizens of the Russian Federation" describes in detail the work plan with both types of applications.
The oral form is more convenient when contacting the dispatch service by telephone or with personal access to the head of the organization. But such complaints may take more time, because to agree on a meeting with an official is not so simple.
A complaint in writing still remains the most efficient. As a rule, they are written by hand or are compiled in electronic format.
Important
The law has not established specific rules for making a complaint. However, it is necessary to adhere to the rules for doing business correspondence.
We list the basic requirements for compulsory compulsory:
- The name of the organization in which the complaint is submitted;
- Data on the complaint complaint (surname, name, patronymic, contact phone);
- The essence of the problem, in connection with which the claim was written; description of the situation;
- Claims complainant;
- Date and signature.
Sample complaint
Examples and samples of various complaints are shown below, you can download them by reference.
How to file a written complaint and what to do after?
Depending on the problem, the written complaint can be submitted in various instances. It can be accepted with the applicant's personal reception. You can also send it by mail, via the Internet: to the official website of the institution or the portal of state and municipal services.
Any appeal to the official or to the state body is necessarily subject to consideration. According to the law "On the procedure for the consideration of the appeals of citizens of the Russian Federation", any appeal is considered within 30 days from the date of its receipt.
Do you think from officials and employees of various companies have a huge desire to consider and respond to your complaints? Obviously, no. They have a bunch of other useful things: from reports before the authorities before Solitaire "Kosyanka". I will tell you how to file complaints so that they have no opportunity to ignore it.
Regarding what you can write complaints / statements?
In fact, about any question related to the work of any body, an official, organization, company or its employee. Have you been nahami? Did any services have any services? Did not meet the deadlines? Did not fulfill their obligations or violated the requirements of any regulatory or legal act? For all these reasons you can handle applications, complaints and complaints. If you apply it correctly, it is not allowed to not respond to it.
Let's start with state bodies and officials
The procedure for the appeal of citizens with statements and complaints is regulated by Federal Law No. 59-FZ dated 02.05.2006 "On the procedure for considering the appeals of citizens of the Russian Federation." It regards the procedures, the timing of consideration of appeals, responsibility for violations in the consideration of citizens' appeals and many other important information. We will focus on the most important points that concern appeals.
The most important thing is: the timing of consideration of appeals, claims, complaints by government agencies
As soon as the complaint goes into any body, then its registration should take no more than three days. If the complaint "is not at the address" (i.e., you filed a complaint immediately into a higher authority or an authority with another competence, and they are not dealing with this question, they transmit your appeal to where necessary), then within seven days a complaint Must be transferred to the authority that is controlled to react to it. All this is spelled out in Art. 8 of the Law under consideration.
In the same article, it is indicated that the authority / official to which the complaint was sent / the appeal is not right to deal with its consideration.
As a general rule, the term of consideration of the complaint is up to 30 days. IN exceptional(It's not by chance that I allocated this) cases of consideration of the complaint may be extended by another 30 days with the notification of the person who submitted an appeal of such action.
If your complaint or appeal affects the competence of several government agencies, a copy of the appeal is sent within a period of no more than 10 days (3 for registration and 7 days to transmission).
By the way, the request for information from other state authorities and officials is carried out within 15 days, which Includedin total consideration of the appeal. In case you will be answered that the information has been requested, but the answer has not followed, you can react as a direct violation of legislation in the field of consideration of citizens. Moreover, the responsibility will bear those who have not received a response, and those who have not sent it.
Responsibility for violation of the timing of consideration of citizens
This is Art. 5.59 of the Administrative Code of the Russian Federation, which is also called a violation of the procedure for considering the appeal of citizens. Sanction - a fine up to 10,000 rubles.
Where to complain about violation of the terms of consideration of citizens' complaints?
In the prosecutor's office, court or higher authorities. For example, if you turned to the district prosecutor's office, and your appeal ignored, then you have the right to appeal the legitimacy of such a thing in the prosecutor's office of the subject of the Russian Federation. The structure of a particular authority can always be found on his official website on request in the Yandex or Google search engine. Example: the structure of the prosecutor's office.
But I would not recommend relates to the question of compliance with tight fanaticism. If the question does not tolerate immediate response, then the conversation with the answer for a couple of days will not play any role, because the truth is? Be loyal to people and people will be loyal to you. But with loyalty, too, do not get carried away.
Now about the procedure for submitting claims to companies, organizations and their employees
Commercial organizations, individual entrepreneurs and their employees also have a duty to take written appeals from citizens. This is mainly related to any complaints of the quality of goods or services rendered.
There are other situations when a citizen can contact the organization. For example, an attempt to pre-trial settlement of the dispute on the fact of compensation for harm caused. As an example, I can lead the situation when it fell on your car with a roof of a commercial premises.
Date of response to commercial organizations when submitting claims and the appeal of citizens
In most cases, it all depends on the specifics. On the fact of issues related to the sphere of consumer protection, it is possible to refer to the Federal Law "On the Protection of Consumer Rights", where all the deadlines are specified in relation to one or another.
Article on the topic: How to return the seller technically complex goods
As a general rule, the duration of the response of commercial organizations for citizens' questions is not provided. Each specific case is governed by its FZ, based on who you are dominant. For example, the timing of the responses when interacting with the HOA is established by three different decrees of the Government of the Russian Federation, depending on the issue with which you are trying to contact them. If there is no specific law or regulatory act, then the concept of "reasonable deadlines" takes into account. What are they can be solved by the court if the solution to the issue comes to courts.
We turn to general issues
They are also quite a lot. And government agencies are largely similar to commercial organizations. Next, I will tell you the so-called "lifehaki" - the nuances that you can greatly relieve life when communicating with other participants in civil and other relations from the right of law.
Is it possible to submit complaints and appeals over the Internet?
Yes. And it is very convenient. Many state bodies now have Internet receptions through which applications and complaints can be submitted. Only it is best to get acquainted with the fact that you have a specific institution you need your Internet reception (for example, the district or city prosecutor's office).
Little Lifehak: If there is no Internet reception with a particular organ, then you can submit your application to the higher authority, will be transferred to the one that you need, and you will be celebrated about it. This will cause a slight increase in deadlines, but the employees of the lower office will have more motivation to respond quickly and decisively, because it is "directed from above."
How can I file a complaint?
The question is important and still relevant.
Option 1 - personally in hands. Two instances are taken, the original gives to the address, on the second you put a mark on accepting a statement. Date, position, FULL NAME and signature of the person who adopted a document. You can still ask to put the incoming document number.
Option 2. - By registered mail by mail. Be sure to make an inventory of what lies in the envelope, the letter must be with a notification of delivery. Record information about the letter and postage receipt.
Option 3 -through the Internet. There are Internet receptions, there is an email. With the first question everything is clear. But with the second ... there is no specific norms about this, but there is a judicial practice. There is a resolution of the Presidium of the Supreme Arbitration Court of the Russian Federation of 12.11.2013 No. 18002/12, which examines a similar question. You can notarly assure the screenshots on which it will be seen where the letter was sent when and what was in its content. And until the opposite is proven, such an application option will be considered legal.
All the answers to your appeals, try to translate into the appropriate form.
When conducting this kind of correspondence, it is necessary to interact in writing. Each response is accompanied by the necessary details: FULL NAME, Personal Signature, Document Number and Response Date, is often installed.
E Diya dishonest methods of promotion in search engines of competing sites are the problem of only a certain category of people - owners of web resources that spin their projects extremely fair ways, then dangerous, in particular, for the psyche and health of children Internet content - this is the global problem of broad masses .
Alas, despite the fact that humanity becomes aware, despite the fact that the Internet environment is increasingly being controlled by search engines, state and public organizations, while still dangerous websites on the network can be found at every step. And this question will be solved only with time. So that something ceased to exist, it should not be demanded and focused by the interest of the public. But without the personal participation of each Internet user can not do. Sometimes to eradicate evil need Sveti - volunteers who can take the necessary actions at the right moment. For example, complain to a dangerous site in one or another instance.
Anyone can complain to the website if that:
- dangerous for the psyche and health of children;
- contains porn content, data on the acquisition of narcotic drugs, instructions for performing suicidal actions and other contradictory information;
- calls for extremism, terrorism, inciterates interethnic distribution;
- contains malicious software codes or offers to download infected files;
- pursues fraudulent purposes;
- It is intended to obtain confidential information of users illegal way (phishing sites);
- discloses confidential information;
- Contains content that does not apply to the search query uses dishonest methods of promotion in search engines.
Whether it is a site that violates the rules for the work of search engines, whether it is a site, a breaking law - where can I complain about it?
The possibility of appealing to the violator himself in the hope of waking up the conscience dormant in the depths of his subconsciousness we will not consider. The proper effect appeal to the owner of the site in most cases will have except when the violation has become the cause his ignorance or deception by subordinate persons. Consider below various instances where you can turn with a complaint against the violator if it does not recognize your guilt or simply ignores the complainants.
Hosting companies
First instance where you can complain to the site violating the legislative norms is hoster such a site - the company providing him with a place on a server with round-the-clock access. If the hosting company will consciously serve sites that violate the law, it may have problems. And it is the hoster that must first of all understand the contents that served him. The only nuance in this business is, of course, interest in the clientele. Making cardinal measures and disconnect the host website will be only when the fact is a violation of the legislation by its client - the owner of such a site will be undeniable. Often, to disconnect the site hosting companies require a court decision with the recognition of the opposition to the actions of its owner.
How to find out the hosting company site?
The network is full of web services specializing in providing data on hosterators sites. You can find them by entering a key request in the search engine.
To find out the host data, the WHOIS-service must be entered into a special domain name of the site of interest.
- Be it's your own server, whether it is a third-party server - as a rule, it is indicated in the column "NSERVER".
Most of the violators of the law - in particular, these are owners of sites engaged in small fraud, laying out porn materials, selling drugs - rarely when it grows to the level of creating your own server. But the intruders who launched their activities on a huge scale can themselves be hosters. In this case, naturally, to complain meaningless.
We note that the hoster is able to help, if we are talking only about violating legislation. Dishonest methods of promoting sites is not interested, for these things there is truly all-in-law - search engines. They are able to turn the use of hosting companies in meaningless waste of money.
Search engines
Each search engine has special web forms by filling out that any Internet user can complain to a particular site that violates, in his opinion, the rules of honest promotion in search issues or current legislation. Naturally, such a complaint must be justified. Otherwise - what is worth using such a search engine toolkit to "sink" Competitions and break down to the feeder?
Complaining Google
Google search engine offers web forms to send complaints to:
- - the use of dishonest sites promotion methods ( https://www.google.com/webmasters/tools/spamReportForm?hl\u003dru.);
If one site contains content that violates other legislative norms, you can complain to it in the Google Reference section designed to work with requests for removing web resources from the search giant services ( https://support.google.com/legal/answer/3110420?rd\u003d2).
Complaining Yandex
The search engine Yandex is equipped with its web form to work with user complaints ( http://feedback2.yandex.ru/abuse/search/main/). The main search engine Runet provides for the opportunity to complain to him on sites containing porn content, confidential or unreliable information, malicious codes, slander. Complaints are also accepted for fraudulent and violate copyright sites.
To submit complaints of illegal content, the Rambler search system provides a conventional feedback form ( http://help.rambler.ru/feedback/rambler-help/form/106/).
Complaining Yahu
Search Engine Yahoo! Equipped with a form of sending complaints with the choice of theme ( https://io.help.yahoo.com/contact/index?locale\u003den_us&y\u003dprod_srch&page\u003dcontact&actp\u003dlorax).
A small problem with the language barrier by those who are with English on "You"will be able to decide by introducing into one of the browsers supporting the installation of extensions (additions), the expansion-translator.
One of the instances where you can complain to the site violating the laws of the Russian Federation is. Anyone - like a citizen of the Russian Federation and a resident of any other country - on the official website of the Federal Service may fill in the form of circulation ( http://rkn.gov.ru/treatments/ask-Question/) Or call a reference and information center.
Of course, Roskomnadzor will not stick into internecine wars of webmasters - Who is black, who are white methods SEO. -Read uses. But the federal service must react to web content with information on the acquisition of narcotic drugs, progress of violence, calls for suicide, porn materials with the participation of children, etc.
Protect the interests of network users are called by the European network of secure Internet centers, in particular, represented by representation in the territory of the Russian Federation - the Center for Safe Internet in Russia ( http://www.saferunet.org.).
The work of this organization is aimed at counteracting Internet fraud, the spread of malicious software, the sexual exploitation of children, sectarian activity, extremist and terrorist propaganda, drug distribution and other threats.
Report a site with content, contrary to legislation, on the website of the center, by clicking the link and filling out the web form.