Russian labor legislation provides for the protection of workers from unpleasant, but at the same time regularly occurring Action Employer - delays in salaries, unreasonable penalties, problems with access to holiday and so on. D. There are statistics, talking about hundreds of thousands of similar violations in Russia (and it's only officially registered cases, it is believed that the real number is much higher).Watch for the correct implementation of legal provisions on the part of employers is intended to face the various territorial divisions of the State Labour Inspectorate.
What is this body?
Article 35 of the Russian TC contains a provision by which oversees employers observe legal norms regulating labor relations should carry the authorized body of power - the Federal Labor Inspectorate.In people, it (and its territorial divisions) are called simply "trudinspektsiey."This authority is part of a larger structure - the Federal Service for Labour and Employment, submit, in turn, the Health Ministry.
Trudinspektsii except supervision consider cases relating to administrative offenses related to labor issues, consult citizens and employers, explain the law governing labor relations.Trudinspektsii may receive documents by mail or in person to conduct reception of citizens.Some territorial structures have a hot line (for example, the Labour Inspectorate of Moscow) and solve a number of issues over the phone.
What does Moscow labor inspection?
Federal Labor Inspection oversees that the Russian legislation regulating the relations between employers and employees, strictly observed.Activities of the labor inspectorate centralized state - have territorial bodies, but they are directly subject to the federal structure.
That is Labour Inspectorate of Moscow fulfills its function, like their counterparts in other cities in the territory of the Russian capital.Employees of firms seek capital on violations of their rights is in this body.Similarly, labor inspection work of the Moscow region.
Find the Moscow labor inspection
Labour Inspectorate of Moscow Domodedovo is located in the street, at number 24 (case 3).Find organizing easy.Address labor inspection laid almost all online mapping services, as well as on mobile browsers.This organization is ready to communicate with citizens and also online.There is a site labor inspectorate capital (git77.rostrud.ru).The organization conducts personal reception of citizens and legal entities (but at a different address - at the Warsaw highway, 108, building 1).Have Trudinspektsii Moscow specialized center, whose main activity is related to the service of the population.You can find it on the street Marxist, the house 24. One of the channels of communication that offers the citizens of Moscow labor inspection - hot line, we have already said above.
What can trudinspektsiya?
Federal Law prescribe trudinspektsiyam to work through certain procedures.Among the key - checking, issuing various regulations related disorders, drafting protocols work to attract employers to the different forms of liability.
come from test
One of the key methods of implementation of its activities trudinspektsiyami - check.Like many other state institutions, the inspection should be a basis for this procedure.
checks can be subject to any legal entity in all regions, including those that are registered in the Russian capital (to work with them is responsible Labour Inspectorate of Moscow), and SP (except for the cases when the entrepreneur operates only on themselves, no one is hiring).
regulatory framework for inspections
Russian Federal legislation contains sources that rely trudinspektsy employees in their work.Chief among them - this is the Labour Code of Russia.Other significant - is International Labour Organization Convention (adopted in 1947), the Federal Law "On protection of rights of legal entities and individual entrepreneurs" (adopted in 2008), the provisions of the Government regulating the activities of the Federal Service for Labour and Employment, orders Ministry of Economic Development, the various guidelinesfrom the Labor Agency and other authorities related to labor issues.
Basic types of inspections carried out by the Russian trudinspektsiyami two - scheduled and unscheduled.The first kind is held every three years in accordance with a predetermined plan.On sites trudinspektsy he usually posted in advance, the leaders of the organizations can get acquainted with it.
second type of inspections can be carried out at any time, but must be trudinspektsiya on the strong legal basis.Among the most common lawyers call the following.
- may expire, in which you need to fulfill the requirement of violations of labor laws, previously issued inspection.That is trudinspektsii officers come to check whether the violation.
- Trudinspektsiya can pay a visit if the employer someone complains - employees or other organizations, including government agencies, trade unions.Some lawyers call this an occasion to test one of the most common.
How is the test?
inspectors, dealing with verification visit, placing documents: their identity, confirming the work trudinspektsii and order (or orders), reflecting the decisions taken on the audit.In the second document must contain details trudinspektsii, name checking, data on legal entities, to which came the inspectors, as well as the goals, objectives check, its subject, timing.Some lawyers believe that if the goals and objectives of the document are not available, it can be considered null and void.
Order of verification should show the head of the company-employer.If this document inspectors with no will, the organization has the right not to admit them to perform testing in your office.Upon detection of violations of labor law labor inspectorate imposed a prescription.Implementation of its requirements is mandatory.
Drinking trudinspektsiyam from citizens
In expert circles it is believed that Russian citizens do not believe in the effectiveness of the trudinspektsy and therefore refer to quite often.Furthermore, employers themselves feel sometimes with impunity against the law.Also, analysts say, even if trudinspektsiya and impose a fine or apply some form of impact on the employer, the employee can still dismiss, citing any formal reasons.
At the same time, experts admit, the role trudinspektsy can be great when it comes to the massive violations of workers' rights.Then apply in such instances should be, and it can give a tangible positive effect.
contacting the trudinspektsiyu?
Any standardized forms, which must be prepared treatment of individuals or organizations in trudinspektsii, the law does not provide.You can make a complaint in any written form and sent by post.Within 30 days of treatment must be considered.This document should reflect a range of information.
- name of the body which receives the document (or the name of the official who addressed an appeal);
- name of the person who has made an appeal, his address;
- are dealing with the key description of the facts giving rise to talk about the violation of labor rights, employer's address, phone number, personal information management.
interesting fact is that the citizens and legal entities not necessarily refer to any laws that may violate the employer company.
alternative treatment in trudinspektsiyu mail - a private visit to this organ.We need to come to office hours and have a passport.Dealing with the inspectors can be both orally and acquainted them with certain documents.All the facts recorded in the personal card has addressed the citizen.
Depending on the nature of the treatment, the answer can be given immediately or later in writing.The legislation requires inspection work with circulating strictly confidential.According to some lawyers, trudinspektsiya the law should not give the employer know that the test is initiated by one of the employees.