Where to go to resolve labor disputes. Violation of labor legislation by the employer and ways to protect the rights of the employee

Many people in our country have a situation related to the violation of their labor rights. But not everyone knows that in order to protect these rights, there is a labor inspectorate, whose activities are aimed at receiving complaints from workers and resolving other issues with employers.

Do not forget that they differ from the general statute of limitations. If the total period is 3 years, then for labor disputes — 3 months. The term begins to run from the moment when the person found out (or should have known) that his rights were violated. So where exactly do you need to file a complaint against the employer and what documents are required for this?

Foundations

Any citizen of our country has the right to apply to labor inspection if his rights as an employee have been violated. The activities of the inspectorate are aimed at restoring this right. You can apply there for any occasion in which an employment relationship took place.

Most often they apply for the following reasons:

Non-payment or withholding of wages.
Refusal to exercise the right to leave.
Violation of working conditions (or their change).
Issues of compliance with the norms and requirements of labor legislation in the field of labor protection.
Refusal to pay for dismissal.
Refusal on the day of dismissal.
Issues related to the peculiarities of working time, namely, overtime work, etc.

There can be many grounds for applying - they are all regulated by the Labor Code of the Russian Federation.

Where can it be done?

So where exactly can you apply?

An application must be submitted to the inspection of the area in which the violation of the rights of the employee occurred. Each region has its own labor inspectorate. There are 3 main submission methods:

Personally. To do this, you need to come with an application and the necessary package of documents to the inspection and hand them over to the reception.
By registered mail with notice. This method is more convenient, but do not forget that a letter with original documents may be lost during the forwarding process.
IN in electronic format through the Internet. For this method, it will also be necessary to draw up an application and collect the necessary documentation package. All documents will need to be scanned and sent along with the application.

The procedure for filing and considering a complaint is discussed in detail in the following video:

Can I complain anonymously?

Many citizens have a question about the possibility of anonymous filing of an application - there may be several reasons for this:

The employee has not left this job, but he wants to initiate a review with his employer (while fearing that his complaint may negatively affect his career).
The employee has already quit, but he is afraid of any action from the side former employer which may have negative consequences for the applicant.

Whatever the reason, you will have to indicate your data on the application - otherwise it will not be accepted and considered, since the labor inspectorate does not consider anonymous applications.

If an already dismissed employee is afraid of a former employer, in case of illegal actions against him, he will have every right to contact the police, which will take necessary measures. Besides, in the complaint itself, you can make a request not to disclose data to the other party.

Submission through the site

To file a complaint online, you must:

Go to the official website of the labor inspectorate.
Fill in all the required fields (data about the employee and employer).
State the essence of the problem.
Attach scans of all required documents.

In addition, you will need to choose what actions you expect to receive from the inspection:

Initiate verification of the employing enterprise.
Initiate administrative proceedings, identify the perpetrators and bring them to administrative responsibility.
To get a consultation.

IN electronic circulation it is also necessary to indicate only real contact details - the inspection does not provide assistance to fictitious and anonymous authors.

Within 30 days from the date of submission, the institution's employees consider the appeal and send a response to the applicant.

What is required for this?

To file a complaint, you must write a statement that will contain:

Name, address, contact phone number of the applicant.
Employer data (full name of the head, actual and, name of the enterprise).
In the complaint itself, it is necessary to describe all the circumstances in which the violation of rights occurred.
At the end, it is necessary to make a requirement: what measures the applicant asks to apply to the employer (as in an electronic application), as well as indicate the list of attached documents.
Put the date and signature with decryption.

Main documents to be attached to the application:

Appointment order.
Copy work book(if the applicant has it).
Copy of his passport.

As additional documents, you can choose any documents that the applicant considers necessary when considering his application ( office notes, email correspondence, etc.)

Consideration period

As in others public institutions, certain periods are set for the inspection, during which this body is obliged to consider the application, take all necessary actions and give an answer to the applicant about decision in writing.

Complaints to the labor inspectorate are considered in time up to one month from the date of receipt. If necessary, this period may be extended, but no more than 30 days. In case of extension of the terms, the employees of the institution are obliged to notify the applicant in writing.

Labor inspection check

There are 2 main verification options:

Planned made without application - at the initiative of the inspector. Most often, they are exposed to enterprises in which numerous violations have previously occurred or have been identified. Before conducting such an inspection, the inspector warns the management of the organization in advance.
target carried out at the request of the employee. Any complaint, as a rule, entails an inspection by the inspector, to whose territory the this enterprise. When visiting a company authorized person First of all, it checks the violations described in the application. If they are detected, the inspector will issue a fine, as well as issue an order to eliminate them, the observance of which he will check during the next visit. Also, depending on the nature of the violations, the inspector may not limit himself to an order, but take more stringent measures in accordance with his powers.

Powers of the Inspector:

supervising the employer's compliance with labor laws;
presentation to the employer of binding instructions for the restoration of the violated labor rights of the employee;
issuance of orders to dismiss from work persons who are not familiar with the safety instructions and could not confirm their knowledge of labor protection;
bringing to administrative responsibility;
investigation of the circumstances of accidents at work;
initiation of legal proceedings on the fact of violation of the law;
suspension of the activity of the organization or its divisions.

What to do if you disagree with a decision

The decision taken by the labor inspectorate (as well as other state bodies) can be appealed if the applicant does not agree with the result.

It is necessary to file a complaint with the head of the relevant state labor inspectorate or the chief state inspector labor of the Russian Federation.

Employer's liability

If the employer does not pay wages for more than 3 months, the employee has the right to write a statement on bringing him to criminal liability.

This document must be sent to the police at the location of the employing organization. In this case, the person responsible for the payment of wages will be involved under Art. 145.1 of the Criminal Code of the Russian Federation.

The applicant will learn about the same “black salary” at the interview and this is a good reason not to get a job in such an organization;

carefully study all documents signed at work. The company knows the TC much better than you and will always find loopholes in the law. So, in many enterprises, employees work all week for 12 hours, on a voluntary and legal basis, receiving “overtime” for this (in fact, the overpayment is minimal), signing an appropriate agreement;
a collective appeal is always more effective than an individual complaint;
ignore any "warnings" or direct threats from your superiors regarding your desire to go to the Labor Inspectorate.

Where can I apply for labor disputes with the employer?

However, there are situations when a complaint against an employing company is also entitled to be filed by someone who is not in business with it. labor relations citizen. If an application for employment has received an unlawful denial that is not based on business qualities applicant or non-compliance qualification requirements, that is, a reason to complain about manifestations of discrimination expressly prohibited by law. Where to complain about the violation of their rights The employee has several addresses where to complain about the employer if his rights are violated.
To do this, a primary trade union organization and a commission on labor disputes are created directly in the company itself. The trade union committee is engaged in protecting the interests of all employees, and the CCC considers individual appeals from employees challenging certain actions of the employer.

Where to complain about the employer in case of violation of labor rights

The exception is disputes about reinstatement at work, changing the wording of the reason for dismissal and its date, transferring to another job, about payment for the time of forced absenteeism or about paying the difference for a lower-paid job, about illegal actions (inaction) of the employer when processing personal data. They are considered exclusively by the court (Article 391 of the Labor Code of the Russian Federation). A feature of the consideration of employees' applications by the labor inspectorate is that the statute of limitations for labor disputes is calculated by the court, regardless of the appeal to the labor inspectorate.

Therefore, it is often recommended to apply immediately to the court, since if the inspection makes a decision not in favor of the employee, judicial protection may be denied for this reason. At the same time, the duties of the GIT include advising citizens on issues labor law(Order of the Ministry of Labor and Social Protection of September 3, 2014 N 603n).

Where to complain about an employer

Code of Administrative Offenses of the Russian Federation, a fine of up to 100,000 rubles);

covering up the attack insured event with compulsory social insurance against accidents at work and occupational diseases (Article 15.34, a fine of up to 10,000 rubles);
failure to comply with the legal order of the inspector on time (Article 19.5, a fine of up to 20,000 rubles);
other violations of labor legislation and regulatory legal acts containing labor law norms (clause 1 of article 5.27, a fine of up to 50,000 rubles).

In addition, the employer is obliged, by virtue of the order of the labor inspectorate, to bring those responsible for violations of labor legislation to disciplinary responsibility or remove them from office in the prescribed manner (Article 357 of the Labor Code).

Where to complain about the employer and how to do it correctly?

It is not necessary to contact the labor inspectorate in person - you can send your appeal by mail. If you want to be sure that your message has reached the addressee, send it to by registered mail with acknowledgment of receipt. In this case, you will know exactly when the Rostrudinspektsiya body received your letter, and you will be able to inquire about the results of the consideration in writing or by phone.
Contacts of the Federal Service for Labor and Employment under the Ministry of Labor and social protection RF, under which the State Labor Inspectorate operates: Address: 109012, Moscow, Birzhevaya ploshchad, 1 Phone: 8-800-707-88-41 E-mail: This address Email protected from spam bots. You must have JavaScript enabled to view.

Assistance in labor disputes

You will need

— labor contract;
- employment history;
— documents confirming the fact of violation of the rights of the employee;
- the passport.

Instruction 1 Contact trade union organization your enterprise. In order for a trade union to be able to help you effectively, you must be a member. Strong and authoritative trade union committee is able to influence the management of the enterprise and restore the violated rights of the employee.

2 If the company has a labor dispute commission, ask it to consider your complaint against the actions of the employer. Such commissions are usually set up in large enterprises; they include representatives labor collective and employer. The main task of the commission is precisely to consider individual labor disputes.

Please note that this body does not consider issues related to compensation for damages to the employer.
Many of us have conflicts over labor issues both on the part of the employee and the employer. But, since the employer is the “stronger” party in this matter, then, as a rule, employees directly apply for help. Consider several options where an employee can apply:

To the trade union of the organization where the employee works (if any);

to the labor inspectorate;

to the prosecutor's office;

To court.

Applying to the trade union The trade union can provide assistance in labor disputes to the employee, but it cannot guarantee 100% protection of the violated right to the employee.
After all, the members of this organization are the same employees who work in it, and they are not always ready to go into conflict with the leadership. How much this organization will defend the rights of workers, depends on the civil position of the members of the trade union.

Who to contact for help with labor disputes

Attention

It makes sense to contact the labor inspectorate if the employer does not draw up an employment contract, does not pay (delays) wages, does not comply with the work and rest regime of employees, or labor protection standards. You can complain about the employer to the inspection - as an option. With a complaint, they turn to the inspection of the region where the enterprise is located. Complaints may be filed in writing or in person.

If there are signs of a criminal offense in the actions of the employer (for example, gross neglect of labor protection at the enterprise), you should contact the prosecutor's office. It is also logical to write a complaint to the prosecutor's office if it is not paid wage, there are cases of coercion to work on weekends or holidays, or there is an illegal dismissal or reduction of an employee.

Who to contact for labor disputes

Your complaint will certainly be considered by a labor inspectorate specialist, and you will receive a response to your appeal. Terms of consideration vary from 30 to 40 days. So, if you think that your rights have been violated, and you are unable to amicably resolve the dispute with the employer, do not sit idly by. You need to know where to complain about a negligent employer and how to do it right. Feel free to write an application to the State Labor Inspectorate, and after its consideration, the inspector will definitely check at your workplace. Remember that you can send a complaint by mail, through the official website or bring it in person.
You can easily find out the exact name of the inspection and its address on the portal of this institution. We hope that now you will be able to defend your interests and know where to complain about the employer.

Info

On a number of issues, tax service can't help;

trade union organization large enterprise can be of great assistance in the confrontation with the leadership. If you do not have such an organization, then you can contact the city / regional trade union of your profession.

Attention! Different services work perfectly from each other. When applying to the Prosecutor's Office or the Labor Inspectorate, you will only need to wait for the completion of the check, which the services must initiate no later than 30 days from the date of application.

At this time, experts will find violations. In court, your claim will not be accepted without already existing evidence of an offense. It is worth saying that when contacting lawyers who specialize in such cases, they, in the vast majority of cases, will go with you to the prosecutor's office and help you correctly draw up a statement.

How does the state labor inspectorate help achieve justice? How to apply to this body with a complaint, what rules should be followed when writing a document? We will discuss in detail below.

Violation of the rights of workers, refusal to provide payments and holidays guaranteed by law are not uncommon in our country. The task of such an executive body as the federal labor inspectorate (IT) is to control and supervise such situations, without going beyond the scope of labor legislation.

IT is subordinate to Rostrud, an authorized federal body. At the same time, on-site control is carried out state inspection territorial significance.

The Labor Inspectorate of the Russian Federation has the following powers:

Conducting an audit and registering its results in an act;
Issuance of a written order with the establishment of deadlines for the elimination of violations;
Drawing up a protocol on administrative offense in case of non-performance;
Preparation of documentation to bring the perpetrators to justice.

In what cases and how to file a complaint with the labor inspectorate

An appeal can be filed in case of any violation of the rights of working citizens of the Russian Federation, including unresolved disputes in which there were issues of paying salaries and benefits guaranteed by law. You can also file a complaint online without finding a consensus with the employer regarding the work and rest schedule, vacations, work hours and breaks, as well as other disputes.

According to the norms of the current legislation, there is no sample complaint to the labor inspectorate, so the complaint is written in free form.

The information provided must be concise, accurate and reliable. Double-check all the data, reflecting the objective state of affairs, and not the citizen's personal attitude to the situation. A concise and concise text should include facts that will form an adequate assessment of what happened.
Follow the rules of the Russian language. Of course, if an error is made, the appeal will be considered, however, such correspondence is impossible without a competent and structured presentation of the text;
Please provide your name and contact information. Anonymous complaints are not considered, and contact information is required for further communication and sending a response.

Application to the labor inspectorate - sample

State Labor Inspectorate

Moscow, st. Vatutina, 15

from Voloshchuk Andrey Igorevich

Moscow, st. Zhukova, d.22, apt.16

contact phone: 25-14-17

From 2009 to the present day, I, Andrey Igorevich Voloshchuk, have been working as a builder at Bystro Dom LLC, which is located at the address: Moscow, Metallurgov Street, 17. From May 2012 to the present, I have been denied annual paid leave, arguing it is the absence of a person to replace. I applied for leave several times, but the personnel officer refused to accept it.

When I received another refusal on July 12, 2015, I filed a complaint to CEO Society Gusakovsky Nikolai Grigorievich. The assistant in the director's office accepted the application, but did not agree to record this fact on my copy. I have not received a response to my appeal.

I decided to speak with the director of the enterprise in person and made an appointment on August 14, 2015. During the conversation Gusakovsky N.G. directly indicated that they would not give me a vacation, and if I wanted to argue, I could quit.

In connection with the above

take control of this fact and punish those responsible;

exercise my right to paid leave.

How to file a complaint against an employer with the labor inspectorate

There are three ways to write an appeal:

personally;
with the help of the Russian Post;
through the official website of GIT.

Let's consider each method in detail.

The first case is clear. Having stated the essence of the complaint on paper (remember that the appeals are made in duplicate), deliver it to the inspection (on your copy, put the date of filing, as well as the signature and full name of the person who received it) and wait for an answer. In addition to the postal address, please also provide a phone number to contact you if you need clarification or additional questions.

Sending a claim by Russian Post is similar to the personal delivery of a complaint. Write an appeal, go to the post office and send one copy by registered mail with notification, and keep the second one. The returned document is proof of receipt of the sent letter, which bears the signature of the person who received it. In addition, by retaining the shipping receipt, you will confirm this fact before returning the notice.

Application to IT sample

The easiest way to complain about a dishonest employer is through the Internet. To do this, go to the official website Onlineinspektsiya.rf. Select the "Online Reception" tab and the topic of the complaint (from the drop-down list that contains the most common problems). If you can't find the topic of the appeal, click on the tab with "Other questions". By clicking on the link, select the "Submit application" function.

To file a claim, you will have to complete a questionnaire and provide contact information. After entering personal data, you will need information about the employer - TIN, PSRN, name and position of the head and yours.

Only after this procedure it will be possible to proceed directly to the presentation of the essence of the problem. To confirm the situation, attach files to the letter (scanned copies of the employment contract, statements, orders).

When sending a complaint in any way, do not expect a lightning-fast response. the federal law"On the procedure for considering applications of citizens of the Russian Federation" assumes a period of up to 30 calendar days from the moment of admission.

What does the labor inspectorate check on a complaint

IT has the right to request documentation that regulates the relationship between the employee and the employer.

The enterprise must conduct such local regulations, how staffing, internal labor regulations, vacation schedule, regulations on employees (and the obligation not to disclose them), regulations on wages. They will be reviewed by an inspector. They will also check the facts that the employee performs official duties, having previously signed an employment contract, and orders regarding personnel record all movement of personnel.

The first and most important point of focusing the attention of the inspector will be the fact that there are employment contracts and compliance with the rules for maintaining and storing work experience books approved by law. They will also check the time sheet to look for discrepancies in it and payments to the employee. For example, for night shifts or overtime work. IT inspector will not let information about labor pass by certain categories citizens (disabled people, minors, pregnant women) who are subject to the rule on limiting working hours.

The employer is not inclined to indulge his subordinates with gentleness and respectful treatment, and sometimes acts quite dictatorially. An offended sense of justice requires a way out, and it can be extremely unexpected.

An employee of one of the private firms, Alexei, outraged by salary delays, nitpicking by his superiors and unfair dismissal, took revenge on his boss with invention and scope.

He created profiles on a dating site of several social networks, posted personal data of the boss and his photographs there, reported his real place of work and contact numbers. To annoy more painfully, the offended employee announced the non-traditional sexual orientation of his former boss and even attached some videos, supposedly as proof.

He probably went overboard in his desire to annoy the hated boss. The idea, of course, is brilliant: revenge is sophisticated, it does not require costs, the target is struck inevitably and swiftly.

Aleksey was looking forward to the fact that the news would spread through the networks instantly, the boss would turn to the administration of networks and sites with a demand to block fake accounts and urgently delete records. The administration, as usual, will react with a delay, and all this time the rumor will buzz, nerves will be wasted, reputation will suffer, and friends and acquaintances will stay away.

All this is true, but the boomerang can return to the author of the revenge action if it is possible to prove his involvement. He should not hope that they will not especially look for it.

They will, and how! They will involve specialists, determine IP addresses, restore correspondence in social networks, and take any other measures. And if the author is established, his guilt is proved, then this trick can cost him dearly.

He cannot avoid a lawsuit for honor, dignity and business reputation, demanding compensation for all types of damage caused. It doesn't seem like much! So was it worth it to start all this, not thinking about the consequences?

If the employer is wrong, of course, it is not good for him to get away with it. But breaking the law at the same time is categorically not recommended, because it is more expensive for yourself.

Industrial conflicts can be all sorts. And employees sometimes come across such that the authorities grab their heads, and the employer often allows himself too much, having finances, connections and administrative resources.

A hired worker goes to work, in need of money, and behind him there are no tough defenders. He is vulnerable, and in a conflict with the employer, he is most often the injured party. Once in a stalemate, a person does not know where to turn, while in the Russian Federation there are state institutions on which he can count.

The conflict with the employer is sometimes so serious that the world cannot resolve it. This is where third-party assistants come in handy, especially those invested with power. These are the labor inspectorate, the prosecutor's office and the court.

Here are the main reasons why people go there.

The employer does not want to conclude an employment contract with the employee.
Pays money "in a black way".
Delays or underpayments.
Pulling time with the payment of sick leave or vacation pay.
Dismissed illegally.
Delays the calculation and issuance of a work book upon dismissal.
Otherwise, it violates the Labor Code of the Russian Federation.

How we file a complaint and what we expect from it

Whatever authority the employee applies to, he does it in writing. The text of the document must state the facts clearly and clearly, indicate the dates and attach evidence, in paper or electronic form. If you contact Rostrud, you can use the Online Inspection.rf portal, which allows you to trace the fate of the request.

Anonymous letters are not accepted, you must specify your personal data and contact information. Every complaint must be answered.

If you applied to the labor inspectorate, then the answer will be a visit of inspectors to the enterprise. They'll show up within a month and do a fact check. The same term is given to the employees of the prosecutor's office, they, for their part, first check, and then react.

The court, as the last instance, considers the claim of the employee against the employer. It can be filed until 3 months have elapsed from the date of the violation. All evidence, including the results of previous measures, is attached to the case. Both the prosecutor's office and Rostrud present to the court the evidence they have collected in the case, drawn up as the results of an audit.

The employee hopes that the employer will be ordered to eliminate the violation. For example, to reinstate at work, to pay everything that you owe, and so on.

Working in the dark can be dangerous today

If a person agrees to receive a salary in an envelope, then he puts himself in a deliberately losing position. The employer gets almost unlimited power over him: if he wants, he will start paying less, or not pay at all. It will be very difficult to prove that you were not paid for your work. There are no documents, none of the colleagues will go to witness.

The only one effective way- contact the tax office, or at least scare the employer with this. If a complaint is received by the tax authorities, then the employer will be checked no later than in a month. However, in this case, not only the owner of the enterprise, but also the complainant himself may suffer.

The subject of interest of the tax authorities are deductions from the salary, which should be sent to her address. And here questions can arise to the employee. Did he know that the employer does not make deductions from his salary and does not pay taxes?

If he knew, he had to do it himself. If he did not know, then bribes are smooth from him, and all the blame falls on the employer.

Based on the results of the audit, the tax authorities may come to the conclusion that the employee was in cahoots with his employer, and both deliberately did not pay taxes. The consequences for both will be sad: v. 199 of the Criminal Code of the Russian Federation - for the employer, and for the employee - Article 198, as amended in April 2019.

It says that if a citizen did not pay personal income tax and did not indicate income in the declaration, then, in addition to tax, he will also have to pay a fine and penalties. The fine will be 100-300 thousand rubles, the offender will face either forced labor, or arrest for six months, or imprisonment for up to 1 year - at the choice of the court.

Statistics show that every 5th employee in Russia is faced with arbitrariness on the part of the employer. The most popular violations are layoffs, layoffs, salary delays. Work without a contract is widely practiced, or the minimum rates are indicated in the contract, and the surcharge is paid informally, in envelopes.

Most of the complaints were in major cities. Firstly, there are more jobs there, so people have less fear of losing their source of income. Residents of megacities are more informed about their rights, it is easier for them to decide on active actions.

In small towns, in the provinces, there is less work, where a person is afraid of losing his job and suffers harassment. Yes, and there is little hope for justice, "everything is under control."

If a trade union functions at the enterprise, then the surest thing is to apply there. The trade unions have a wide range of methods of influencing the leadership, the only trouble is that there are too few trade union organizations today.

Most of the complaints still relate to wages. But it is difficult to win money lawsuits against a legally competent employer. Official documents contain only "correct" data, there are no witnesses. And those who were fired earlier are not particularly trusted by the judges, since an offended person can also slander the offender.

The illegality of the dismissal is also difficult to prove, especially when the employee was forced to write a statement on own will. It is a little easier to see violations in downsizing.

It must be said frankly that employers unfairly dismiss and oppress all the same, not everyone. First of all, violators of the schedule, those who like to gossip on the sidelines, and not very loyal employees fall under the administrative ice rink. Sometimes a person is to blame for incurring the wrath of the leadership.

How should an employee deal with an employer?

The line of behavior should be calm, restrained, friendly. One's actions must be constantly monitored, starting from the moment of being hired.

You should not agree to work without a contract, to pay according to gray schemes. In this case, you immediately fall into the risk zone.
If you are still involved in the schemes, then check with the accounting department whether the company transfers contributions and taxes in the proper amount. If not, then pay the personal income tax yourself, this will protect you from tax claims when violations are revealed.
Coming into conflict with the employer, count only on yourself. Remember that none of those employees who expressed sympathy and encouragement to you will oppose management next to you.
Supervisory authorities are required to respond to your complaint, but they need solid evidence. Getting involved in a war with your superiors, take care of collecting documents, videos and photos confirming your innocence.
If you are a non-conflicting and impressionable person, then it is cheaper for you to silently find yourself another job. But if you are active, reckless and convinced that you are right, then fight! See only that the pursuit of justice does not push you beyond the laws of the Russian Federation.

If the authorities allow themselves to humiliate and insult subordinates

And such complaints are considered by the GIT.

A citizen under an employment contract has begun to perform official duties. The boss is constantly rude and insults the employee, finds fault and humiliates him. The employee is forced to resign "of his own free will."

The state labor inspectorate received a request from a complaining citizen to eliminate violations of the law by his boss in relation to the employee.

The wording of the complaint refers, in particular, to the inadmissibility of restricting someone's labor rights (Article 3 of the Labor Law).

Article 22 of the Labor Law obliges the employer to comply with labor law. Insults and humiliation of the boss in relation to the employee are a gross violation of them, as well as the threat of dismissal “under the article” if voluntary care is refused.

The complainant (woman), taking advantage of the effect of the constitutional article 37, which protects the right to work ..., to remuneration for it not lower than the minimum wage adopted by law, motivating her decision to remain at her previous place of work by the absence of any other sources of income, filed an application to withdraw the previously submitted application dismissal with a request not to consider the employment contract with the organization terminated. To which she received another batch of insults from her boss and a refusal to go forward.

It didn’t pass, the citizen had every right to withdraw the application during this period (Article 80 Labor Code), therefore, dismissal does not occur, but only in the absence of a written invitation from another employee, after which it is impossible to refuse employment to a newcomer.

The position remained vacant at that time, the fulfillment of duties by a woman was carried out in full and at the proper level, and she, using Art. 3 of the Labor Law, which protects citizens from discrimination at work, applied to the court with a request to restore violated rights, compensate for material damage and compensate for moral damage.

The actions of the administration were recognized by the court as contrary to the law. According to Article 419 of the Labor Law, the perpetrators are subject to disciplinary, material, as well as civil, administrative and criminal liability.