Complaint to the prosecutor's office for illegal dismissal

Each employee of the organization has the right to protect their interests and freedoms, relying on the articles of Labor legislation. Frequent types of labor disputes include disagreements between an employer and an employee that arose upon the dismissal of the latter. Currently, this process is often accompanied by violations on the part of management. If you have become a victim of illegal termination of employment, in this article you will find the answer to how to correctly draw up a statement to restore justice.

Rules for filing a complaint to the Labor Inspectorate about illegal dismissal

Every working citizen is given the right to protect their own labor rights. The basis for this may be a dispute between an employer and an employee in this area of relations.

When an employee believes that his rights and legitimate interests have been violated, he can send a statement to state supervisory authorities and authorities that monitor labor relations. The law classifies such issues as individual labor disputes.

The law states that an employee can be dismissed from work:

By agreement of the parties - this is stated in Art. 78 Labor Code of the Russian Federation.
At the written request of the employee himself - this is stated in Art. 80 Labor Code of the Russian Federation.
At the initiative of the employer - Art. 81 Labor Code of the Russian Federation.

As practice shows, upon dismissal, falsification of documents by the employer is often observed. Each reason prescribed in Article 81 of the Labor Code of the Russian Federation must be accompanied by documentary evidence. If the employer deviates from this rule, then his decision can be challenged in government authorities.

At the first stage, it is best to file a complaint with the labor inspectorate - it is easier and faster than filing a claim in court, where you will have to pay a fee.

The law does not provide for a clear form of complaint, but the rules for drawing up business documentation remain general.

In the filed complaint, the applicant:

Briefly describes the information on the essence of the issue and the essence of the appeal to the government agency.
Indicates all available facts confirming the illegality of dismissal - they must be reliable and verified.
The text must comply with the rules of the Russian language - spelling and punctuation, semantic load.
The complaint ends with the signature of the applicant, and his data is also fully stated in the document, since anonymous appeals are not considered.

Remember! In the application to the labor inspectorate itself, the applicant indicates information corresponding to the provisions of paragraph 1 of Art. 11 “On the procedure for considering appeals from citizens of the Russian Federation”:

The name of the territorial body where the applicant is applying.
Information about the applicant - his last and first name, residential address, place of work and position held.
The “body” of the appeal itself - in this place it is worth briefly and essentially stating the content of the problem situation.

When reflecting the essence of the controversial issue in a complaint, it is important to indicate the following points:

Date of hire and date of dismissal.
Position held, as well as the name of the manager.
Date and essence of the violation of labor rights.
Next, the applicant’s demands are set out - to reinstate him in his position, pay for forced absences, and so on.

When dismissal is unacceptable

The Labor Code of the Russian Federation does not contain the concept of “illegal dismissal,” but Article 77 states that an employment agreement can be terminated only under the circumstances listed in federal laws. Dismissal is not allowed:

pregnant women, single parents, guardians of disabled minors;
employees on paid leave, maternity leave or undergoing treatment;
trade union members without their permission;
persons who have committed minor disciplinary offenses, for which only a reprimand is due;
under the pretext of staff reduction, if in fact it is not carried out;
with non-compliance with the guarantees specified in Article 179 of the Labor Code of the Russian Federation;
without real reason;
immediately on a set of grounds.

It is also impossible to terminate the employment relationship with a specialist just because he does not follow corporate ethics or violates the dress code.

Before dismissing a subordinate under Article 81, the director may invite him to write a statement “on his own initiative.” In this case, it is difficult to establish that termination of the contract is illegal, and the dispute will most likely be resolved in favor of the employer.

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In what cases can you contact a government agency?

A complaint is drawn up and submitted for consideration to a government agency in case of any violation of the rights and legitimate interests of an employee, including his illegal dismissal. And if there is a problem in an enterprise or organization regarding one employee or an entire team, it is worth solving it.

How to recover black wages from an employer?

Read here what to do if your employer forces you to work on weekends.

What to do if an employer threatens dismissal under the article, read the link:

First, it is advisable to contact the manager with a proposal to consider the request, and if there is no action on his part, to file a complaint with the appropriate authority.

Watch the video. Unlawful dismissal. Legal advice:

RAA Law

Statement of claim in case of staff reduction. In this lawsuit, we will ask the court to make a decision on reinstatement and recovery of wages for the period of forced absence upon dismissal due to a reduction in the number or staff of employees. Not so long ago, my wife, in my person, encountered something similar, but this is a different story, which in one way or another relates to the protection of the labor rights of an employee.

Since “___” __________ 20__ I have worked for (in) ___________________ _______________________________________________________________________ (specify employer)

STATEMENT OF CLAIM for reinstatement at work and recovery of wages for the period of forced absence upon dismissal due to a reduction in the number or staff of employees. Employees are warned by the employer personally and on receipt at least two months in advance about the upcoming dismissal due to the liquidation of the organization, reduction in the number or staff of the organization's employees before dismissal. The employer, with the written consent of the employee, has the right to terminate the employment contract with him without notice of dismissal two months in advance, while simultaneously paying additional compensation in the amount of two months' average earnings.

Employee actions

If an employer dismisses an employee on his own initiative, based on the provisions of Article 81 of the Labor Code of the Russian Federation, he can invite the employee to sign a statement of his own free will. In this case, proving the illegality and groundlessness of the dismissal will be problematic and often turns out to be unrealistic. In most cases, the court decides such disputes in favor of the employer.

In this case, the employee should receive a dismissal order, wait for the entry to be made in the work book, and only after that take measures to protect his own labor rights.

You can submit it in the following ways:

Present it in person to the government agency.
Send by mail.
Submit a complaint online.

With the first point, everything is more or less clear - make a complaint, be sure to do so in two copies, on the second, be sure to put the date of sending, filing with the appeal authority. In addition, this copy must bear the signatures of the applicant and the receiving person. Next, wait for a response to your submitted request.

In this case, you should also remember that it is important to indicate in the application not only the address where the response to the appeal will be sent, but also the contact telephone number necessary for communication if additional questions arise.

Important! If you send a complaint by mail, it is also drawn up in two copies, one of which is sent to the addressee, and the second remains with the applicant. At the post office, fill out the mailing forms and send your request, always by registered mail.

Upon return of the notification of acceptance of the letter, you will have documents in your hands confirming that the complaint has been accepted for consideration. The main thing is to keep the shipping receipt - until the notification is returned to the applicant, it will be the one that will confirm the fact that the document was submitted to the government agency.

The easiest method to file a complaint with the labor inspectorate is to submit it via the Internet. To do this, just visit the official website of the government agency and select the “Online Reception” tab, after which you need to determine the topic of your personal appeal.

There is no special procedure or form for submitting an application to the public service, but if you want the application to be considered without any hitches, you should follow a number of rules.

Recovery procedure

The procedure for reinstatement of an employee is regulated by Art. 60 Labor Code of the Russian Federation. If during the trial it is established that the pregnant woman was fired, reinstatement at work is carried out immediately. After the employee provides an extract from the court decision or writ of execution, the employer undertakes to perform the following actions:

Issue an order to cancel the dismissal and reinstatement. The employee must read the order and sign it.
Make changes to the work book: indicate that the dismissal record is invalid, and the employee has been reinstated to his previous position. Moreover, the employee has the right to demand that he be given a duplicate work book that does not contain a record of dismissal.
Allow the employee to perform work in his previous position.
Make changes to the time sheet.

If the employer refuses to reinstate the employee, you should contact the bailiffs with a request to initiate enforcement proceedings. For the entire period of non-execution of the court decision, the employee has the right to demand payment of the average monthly salary.

The employee is reinstated even if another employee has already been hired in his place. The employment contract with the latter is terminated on the basis of Art. 81 Labor Code of the Russian Federation.

Is it possible to complain anonymously?

In all government agencies, anonymous appeals from citizens are not accepted for consideration. The applicant may indicate in the application a request for non-disclosure of his personal data in order to comply with confidentiality provisions.

In the application you need to display your personal data and indicate your address and contact information. The inspectors will do everything to maintain anonymity and prevent the development of a conflict situation. The applicant will be notified separately of the results of such an appeal.

The main procedure for reducing the number or staff of employees - Elena A. Ponomareva

Secondly, the employee received notice of the planned layoff by mail, which is a violation of labor laws.

“The employer, for the purpose of effective economic activity and rational property management, independently, under his own responsibility, makes the necessary personnel decisions (selection, placement, dismissal of personnel) (clause 10 of the resolution of the Plenum of the Armed Forces of the Russian Federation dated March 17, 2004 No. 2).

Thus, in court, the company will most likely be able to refute the employee’s argument that the dismissal procedure was violated, since he was not offered temporarily free vacancies. Courts of general jurisdiction also share the approach formulated by the highest judicial authorities. Additional argument in favor of the company: employees do not have the right to appeal the employer’s decision to reduce headcount or staff

Time limits for consideration of a complaint on the merits

If the application does not require a particularly thorough check on the part of the inspector and the preparation of a large package of documents, then it can be considered ahead of schedule or within the established time frame (usually no more than 15 days).

Remember! The maximum period for consideration of a complaint is 1 month from the date of filing the application.

However, due to the heavy workload of government agencies and inspectors and the lack of jobs, a submitted application may take longer to consider, especially in large cities. For example, in Moscow, such a complaint can be considered for up to six months.

Reduction procedure

In itself, the dismissal procedure for staff reduction for part-time workers, including external ones, is no different from the dismissal procedure for the main employee (notification, after 2 months you can dismiss).

Labor Code of the Russian Federation Article 81. Termination of an employment contract at the initiative of the employer Guides to personnel issues and labor disputes.
Questions of application of Art. 81 of the Labor Code of the Russian Federation An employment contract can be terminated by the employer in the following cases: 1) liquidation of the organization or termination of activities by an individual entrepreneur
;
(as amended by Federal Law No. 90-FZ of June 30, 2006) (see text in the previous edition) 2) reduction in the number or staff of employees of an organization, individual entrepreneur;
(as amended by Federal Law No. 90-FZ of June 30, 2006) (see text in the previous edition) Everything is the same.

Ekaterina, hello.

According to international standards, the hemodialysis procedure should take at least 4 hours. But if your dialysis center has several shifts and there are other people on this machine after you, then the staff could reduce your time. Reducing one procedure is not fatal to humans. If the reduction occurs systematically, then it is worth filing a complaint. You don’t risk anything if the termination agreement spells out the terms you need. Just go to court for recovery. The Administration's actions are illegal.

You need to contact the labor inspectorate and demand to cancel orders to hire new workers for your positions, as well as cancel the order for a new layoff. Since no one canceled the previous show. Aas also has the right to appeal to the District Prosecutor's Office.

Labor legislation gives the employer the right, in order to carry out effective economic activity and rational property management, to independently, under his own responsibility, make the necessary personnel decisions (selection, placement, dismissal of personnel) and decisions to change the structure, staffing table, number of employees. parents (other legal representatives of the child) who are the sole breadwinner of a disabled child under 18 years of age or the sole breadwinner of a child under 3 years of age in a family raising three or more young children, if the other parent (other legal representative of the child) is not a member labor relations. Firstly, it is prohibited to dismiss pregnant women and women with children under 3 years of age due to staff reduction. Even if the employee herself did not know about her pregnancy (short term), the court will still reinstate her at work. Reporting to the police against neighbors for disturbing the peace? The date you receive the letter will be the date of your notification. If there is a regular letter, there will be no evidence of your notification.

Please note that there must be strictly at least 2 months between your receipt of notice and dismissal. — Look, if we receive information, for example, that a company is violating labor laws, we are obliged to respond. Another thing is that we will not immediately bring the company to administrative responsibility. We will provide an opportunity to eliminate shortfalls in deliveries, for example, to pay full compensation to laid-off workers. And if the organization corrects the situation in time, then we will have no reason to pursue the company further.

If the organization does not make concessions, then administrative or even criminal liability will follow. - And here the prosecutor’s office employees have quite large powers. They have every right to freely enter the territory of the enterprise. True, only after they present their official ID. They do not need any decisions to conduct an inspection. During verification, they have full access to company documents.

Moreover, they have the right to request all necessary verification documents.

Order on planned dismissal due to reduction - at least two months in advance;
Warning to the employment service and trade union organization (if there is one at the enterprise) - no less than two months, in case of mass dismissal - no less than three.
The deadline for paying wages for the part of the month worked, compensation for unused vacation and severance pay is no later than the day of dismissal.
The deadline for paying the average salary for an employee who is registered with the employment service but is not employed is up to two months.

The law does not directly establish in what cases an employer has the right to reduce the number or staff of employees.

Low profit of the enterprise and the inability to pay salaries to the previous staff.
Low efficiency of the previous staff and the presence of positions that are not needed.
Changes in technology or production organization, in which some workers are unclaimed.

Article 180 of the Labor Code of the Russian Federation states that the boss has the right, but not the obligation, to terminate the employment relationship after the written consent of those being laid off immediately. In the case of an employee leaving on his own initiative, such questions do not arise, since this is his legal right.

What decision can be made on a complaint?

If the appeal is submitted in accordance with all the rules and regulations, it contains the necessary information about violations committed by the employer - it is considered within thirty days. Upon completion of the inspection, the applicant is notified by notice.

But sometimes an appeal for illegal dismissal may be left without consideration.

This is possible in the following cases:

When the applicant did not indicate his personal data in the complaint or the information was unreliable.
When the text of the appeal contains offensive expressions and profanity.

Please note! If the fact of an offense is established and confirmed, the labor inspectorate reacts as follows:

The employer is given an order to urgently eliminate violations committed at the enterprise or organization.
The inspector draws up a protocol on the administrative violation.
The employee is suspended from work. At the same time, the entire staff of the enterprise can be suspended.
Preparation of a package of materials to bring to justice the officials involved in the violation.
Transfer of received data to other government structures and bodies - the judiciary, law enforcement agencies, and so on.

When violations of labor rights are serious, the materials and data collected are sent to the judicial authorities or the prosecutor's office. In this case, the documents are sent for subsequent consideration and a competent decision to initiate criminal proceedings against the perpetrators.

Electronic complaint

An appeal to the prosecutor's office regarding illegal dismissal can be sent without leaving home through the official portal of the territorial office of the department. This possibility is provided for in paragraphs. 2.8 Instructions.

When filling out an electronic form in the online intake, the complainant must remember that the complaint must meet the same requirements as a traditional written document. In other words, you will have to indicate your personal data, email address, and also state the essence of the appeal.

In addition , you will also have to attach evidence to your complaint to substantiate your claims; this can be audio and video materials, scans of documents, as well as links to network data storages.

In addition, in certain Russian regions it is possible to send a complaint to the prosecutor’s office through the State Services portal. To submit an appeal, the user must fill out an electronic form, indicating his contact information and residential address, as well as information about the employer, including his legal address, Taxpayer Identification Number, and so on. He will also have to upload copies of the relevant documents.

In this case, the result of consideration of the application is sent to the user’s personal account in the format of an electronic document.

It should be borne in mind that if a written or electronic complaint contains obscene language, offensive language, as well as a threat to the life, health, and property of officials, then such documents will be left without permission.

Actions of the State Tax Inspectorate in case of illegal dismissal of an employee

When the relevant government agency accepts the submitted complaint for processing, an appropriate check is carried out based on the arguments presented by the applicant. It lasts for a month, during which time an authorized inspector examines documents on the termination of the employment relationship between the employer and employee.

If the applicant’s arguments are confirmed, the State Labor Inspectorate, represented by the inspector, may cancel the dismissal order signed by the employer. Accordingly, the employee returns to his previous position and continues to perform his job duties. He also receives the right to receive payments for the entire period of forced absence due to the fault of the employer.

If the due amount is not accrued and paid, you should file a claim with the court for forced collection of the debt. All this will allow the employee to be reinstated in his position and the rights violated due to the employer’s fault.

When is it considered illegal?

If the head of the organization fails to comply with the standards stipulated by the Labor Code and other regulations in force in Russia when carrying out the staff reduction procedure, it may be declared illegal. Among the main reasons why dismissal may be considered unlawful are:

termination of employment relationships with employees who cannot be dismissed on a general basis, for example, with pregnant women, single mothers;
carrying out a fictitious reduction. That is, the procedure was carried out without legal grounds for the purpose of dismissing a specific employee. A reduction may be considered fictitious if the head of the organization is unable to provide documents confirming its necessity, for example, data on the introduction of new equipment, which means that some employees are no longer needed;
employees were laid off without taking into account preferential rights - a person with a higher level of qualifications or burdened with family obligations was fired;
dismissal of an employee without notifying the trade union or if the organization disagrees with the termination of the employment contract with a specific person;
ignoring the requirements of the Labor Code regarding the need to offer the employee other vacancies that would fully correspond to his level of qualifications, or offering an incomplete list of available positions;
ignoring the need to notify the employee about the upcoming layoff or failure to notify the deadline, that is, notification to the person was provided less than 2 months before the date of layoff;
dismissal of an employee after the expiration of a two-month notice period;
termination of an employment contract with an employee who was on vacation or sick leave at the time of dismissal;
incorrect indication of the date of dismissal in the order or notice;
violation of payment deadlines with the employee, that is, untimely issuance of funds and other documents;
the presence of any errors in the regulatory documents drawn up when laying off an employee;
violation of the reduction procedure provided for by current legislation.

In such situations, the employee can appeal to higher authorities to protect his own interests, which were violated by the employer as a result of illegal layoffs.

Read on the topic: You were handed a notice of layoff - what to do next?

Read on the topic: Date of dismissal in case of reduction. Day of dismissal

Consequences for the employer

If a labor dispute inspector accepts for consideration a complaint about a violation of an employee’s labor rights, he is obliged to respond to the appeal within the period established by law.

Upon consideration of the application, a certain decision is made, which may have the following legal consequences for the employer:

The inspector issues an order to the employer with a requirement to eliminate the deficiencies and reinstate the employee in his position.
The employer may be held administratively liable in accordance with the norms of the Code of Administrative Offenses of the Russian Federation. In this case, a protocol on an administrative offense must be drawn up.

In accordance with Art. 234, 373 of the Labor Code of the Russian Federation, an authorized inspector can reinstate a dismissed employee in his position. In this case, the employer will be obliged to pay the employee compensation for the time of forced absence, but only if he did not promptly reinstate the citizen in his previous position.

Important! In Part 1 of Art. 5.27 of the Code of Administrative Offenses of the Russian Federation prescribes penalties for an official, the head of an enterprise - a fine, the amount of which varies from 1,000 to 5,000 rubles, for individual entrepreneurs - a fine from 1,000 to 5,000 rubles or suspension of the administrative activities of the enterprise for up to 90 days, for legal entity - a fine of 30,000 to 50,000 thousand rubles or administrative suspension of activities for up to 90 days.

An administrative case initiated against an employer is conducted by an authorized inspector or a district court, if the proceedings are conducted in the format of an administrative investigation or the inspector himself has sent the case to the court in order to suspend the administrative activities of the enterprise.

In Part 2 of Art. 5.27 of the Code of Administrative Offenses of the Russian Federation provides for the punishment of the employer in the form of disqualification for a period of 1 to 3 years. According to the provisions of this article, only officials, including heads of a legal enterprise and individual entrepreneurs, are held accountable.

All controversial labor issues under Part 2 of Art. 5.27 of the Code of Administrative Offenses of the Russian Federation is considered by magistrates, as well as district courts, but only if an administrative investigation is underway.

How to challenge dismissal due to staff reduction

If the current “epidemic of optimization and restructuring has affected your employer, then it’s time to start seriously studying your labor rights - because this means that staff reductions are coming.

Thirdly, with equal indicators of labor productivity, preference is given to workers:

Secondly, employees with higher qualifications and labor productivity have an advantage. First of all, the employee’s length of service, education, and the number of incentives for success in work are assessed. - You have the right to refuse to sign the notice.

In this case, he is obliged to draw up an act of refusal to sign, please note how: read out loud to you, in front of witnesses, the contents of the notice, reflect this in the act and certify it with the signatures of at least two witnesses. Application to the prosecutor's office about violation of the silence law? Be sure to familiarize yourself with the new staffing table (which is introduced after the reduction) and see if your position or staffing unit is definitely missing there. If everything remains the same, then you are being fired illegally.