The head of an organization, government agency or its structural element is the first addressee of complaints for his subordinates. But in reality, there are often cases when his actions do not fall within the framework of work regulations or even the law. Unreasonable fines, non-payment of wages, illegal dismissal, inappropriate statements towards an employee and other types of abuse of one’s own position are sufficient grounds for appealing the unlawful position of the boss. To do this, the subordinate needs to arm himself with current legal provisions and submit an application to the competent authorities.
Senior management
The first step in appealing the actions (inaction) of a boss is internal control. It is committed within the framework of one organization or division and, if the violator is not at its head, then his unlawful behavior can be reported to higher management.
It is better to do this in writing. This way the appeal is perceived more officially, it indicates the applicant’s decisive attitude and that the problematic situation with the authorities is really gaining serious momentum.
The statement can also hint at the intention to achieve compliance with one’s legal rights and interests even in the absence of an adequate response from the recipient manager. After all, he is not the only authority authorized to resolve the existing problem. But this should not look like a threat or harsh pressure. It is enough to convincingly substantiate your demands and explain how important it is for the applicant to restore justice in this matter.
To prevent the complaint from looking like a groundless denunciation or a desire to ruin the boss’s reputation, it is recommended that you start drafting it together. The support of colleagues or co-workers will be a valuable argument that strengthens the applicant’s position in the dispute and will significantly increase the effectiveness of filing an appeal.
As a rule, a statement of violation is submitted in person. But, if the management apparatus is located in another city or even subject, it would be advisable to send the appeal by mail, having it registered.
Also, many government services, bodies and organizations have their own official Internet portals, which provide their users with useful services, such as electronic reception desks. With their help, you can send a complaint to an authorized official or department, support it with documents and evidence in digital format, and receive a response about the results of the review to the specified email or postal address.
Ways to contact senior management
Here, employees are not limited in any way in the methods of contacting management.
Methods of contact:
- hand delivery;
- by mail with notification number;
- if the site has a contact form;
- other methods provided by the organization.
Some companies have a mailbox for requests, or in the HR department. These requests must be accepted, considered and transferred to the manager.
It is recommended to write a complaint in two copies . One surrenders, the other is left to itself. You need to write down the incoming number in the incoming message log. From there, write down the date of receipt, as well as the name and position of the employee who accepted the document.
At a time when the conflict is at its peak, employees try first to find help from the police or prosecutor's office. However, such actions are often of little effectiveness.
It is most effective to write a complaint directly to the head structure of the organization . In this case, the management is interested in the organization working effectively and, most likely, will accommodate the team.
7 days are given to respond to a complaint.
If you are filing a complaint against government authorities, the review period will be longer - from 30 days from the date of application.
Labor Dispute Commission
The commission is another element of internal control that resolves labor disputes between management and employees of the organization. It is formed from an equal number of representatives of the parties to the conflict on the initiative of employees or the employer and has sufficient powers to consider and resolve the problem.
The decision made in the case has legal force and is subject to voluntary or compulsory execution. In the latter case, the implementation of the resolution is carried out by bailiffs. At the same time, a party dissatisfied with the resolution of the conflict can challenge it in court.
A complaint to the commission is sent no later than three months after the occurrence (detection) of an unlawful act, and only after a preliminary contact with the offender.
The application is made in writing according to the following format:
The commission should not take more than 10 calendar days to consider the complaint. The decision is made by majority voting and will be implemented within 3 days.
Trade union organization
According to Art. 370 of the Labor Code of the Russian Federation, a trade union organization represented by a labor inspector or a labor protection commissioner has the right to:
- monitoring compliance with labor laws on the part of the employer (boss);
- conducting an examination of working conditions and safety;
- participation in the investigation of the causes of an occupational disease or emergency at the workplace;
- protecting the rights of its members to receive compensation for harm caused to health at work;
- submitting an official proposal to management to eliminate the violation;
- participation in the process of considering a labor dispute;
- appealing to the authorized state bodies to appeal against the actions (inaction) of the manager, etc.
To receive appropriate assistance, the employee must submit an application to the trade union, in writing or orally, and, if possible, provide indisputable evidence of his innocence to the elected body.
Only its registered member has the right to contact a trade union organization.
Patient's rights
Both adults and children have the right to quality medical care, which is provided on time and achieves, if not planned, then quite acceptable results. Medical staff are, first of all, people who can make mistakes, they have their own difficulties.
The problem is that doctors and nurses can take their worries out on patients. And if an adult critically perceives what is happening, enters into the position of a health worker, understands it as a human being, with a child it happens differently.
Children cannot critically assess the situation; they do not have life experience that helps to correctly explain what is happening. Therefore, the rude attitude of adults in white coats can :
- Injure him;
- Cause the appearance of complexes;
- Promote negative attitudes towards doctors and treatment.
If you are interested in the issue related to writing a claim for poor quality services, we recommend that you familiarize yourself with this material.
The child sees a doctor or nurse and expects to encounter the “good Doctor Aibolit.” The rude, harsh behavior of a clinic employee causes cognitive dissonance in him, and this leads to a feeling of incompleteness of life, which can cause:
- Anxiety;
- Severe stress;
- Low self-esteem;
- Increased aggression;
- Unreasonable appearance of guilt or shame.
This is not a complete list of negative consequences that can be expected. Therefore, there are special requirements for the employees of the children's clinic. Even the nurse’s injections should be such that the child does not develop a fear of them that will remain for life.
The consequences of staff incompetence in children's clinics are more serious and cause serious damage to society and the state. That is why close attention is paid to conflicts in children's medical institutions.
Rostrud
The Federal Service for Labor and Employment is the highest body of state supervision over compliance with labor legislation. It unites and heads state labor inspectorates in the constituent entities and interacts with other executive authorities, local governments, the prosecutor's office and trade union organizations.
The first step in appealing against unlawful acts of a boss within the Federal Labor Inspectorate (FIT) should be the State Inspectorate in the subject (GIT). The list of territorial GITs and their official websites can be found on the Rostrud portal, following the link https://www.rostrud.ru/rostrud/territorialnye-organy/.
The websites of state inspectorates provide their contact information - addresses and telephone numbers. You can use them to send a complaint and check with specific State Inspectorate for the details of receiving complaints.
You can complain to the Federal Service for Labor and Employment:
- during a personal visit to the reception office of Rostrud;
- through the electronic “Public Reception”;
- using the Internet resource “Online Inspection”.
Personally
A complaint against management can be submitted during a personal visit to the Rostrud building at the address Moscow, Myasnitskaya street, 40, building 16.
There are several submission channels for citizens’ appeals:
- Through service specialists. They receive appointments on weekdays according to the following schedule: Monday, Wednesday, Friday - from 10:00 to 13:00 and Tuesday, Thursday - from 14:00 to 17:00.
- Directly to the leadership of Rostrud. Officials of the apparatus accept requests by appointment, which is carried out at the link https://www.rostrud.ru/room/obrashcheniya-grazhdan/grafik-priema/ (at the bottom of the page, under the table with the reception schedule for heads and deputies of the service, select “Registration for a personal reception with the head of Rostrud and his deputies").
- In a specialized place for receiving complaints. It is a room equipped with a stand with current legislative acts (the Constitution and the Federal Law “On the procedure for considering appeals from citizens of the Russian Federation”), a schedule and procedure for personal reception, sample applications and forms for writing a complaint. The room is located in the building of the central office of Rostrud, to the left of the entrance.
Additional information of interest can be obtained by calling the helpline (call on weekdays - from 9:00 to 18:00 from Monday to Thursday and from 9:00 to 16:45 on Friday, except for a break from 12:00 to 13:00).
Questions related to the reception and consideration of applications can be clarified by telephone.
"Public Reception"
The electronic service “Public Reception” on the official website of Rostrud allows you to send an application to the government agency to conduct an unscheduled inspection of the boss’s activities or, if there is doubt about his guilt, to identify the offender and bring him to administrative responsibility.
A citizen can make such a request only if he has an active account on the State Services portal. The need for this is due to the content of clause 3 of Art. 10 of Federal Law No. 294-FZ. Its essence is as follows: an application for an unscheduled inspection of the stated facts can be accepted only after the applicant has been authorized in the identification and authentication system. Registration in this system (USIA) is required to create an account on the government services website, through which the above requests are submitted.
After authorization in the ESIA, the employee is offered a standard electronic form for entering the following data:
- Subject of the appeal.
- Text of the complaint.
- Last name, first name, patronymic, email or postal address of the applicant.
- Name of the employing organization, its actual and legal address, identification number or main state registration number.
- Applicant's position.
- Information about the boss.
The link to enter the Internet reception is https://www.rostrud.ru/room/obrashcheniya-grazhdan/kremlin/.
Email address for submitting appeals by email - [email protected]
"Online inspection"
The Internet resource allows employees to:
- report a problem - https://onalininspektsiya.rf/problems;
- make an appointment with a state inspector - https://onalininspektsiya.rf/appointments;
- appeal the actions (inaction) of the inspector - https://onalininspektsiya.rf/complains.
To file a complaint against your boss through the “Online Inspection” you must:
- Follow the given link.
- Select a category (changes in working conditions, dismissal, wages, labor protection, etc.) and the category of the problem.
- Indicate the purpose of filing the appeal (conducting an inspection, identifying the perpetrators and bringing them to justice).
- Log in through the Unified Identification and Logistics System.
- Enter the missing information in your profile.
- Link your phone to your account.
- Continue creating a claim following the prompts.
Some categories of appeals are available for submission only through the “I am an Inspector” mobile application, which can be downloaded from GooglePlay or the AppStore.
Where to write a negative review?
The first thing we recommend starting with is sending a complaint to the head physician and a negative review on the clinic’s website. You can limit yourself to the latter if dissatisfaction is caused by :
- Failure to comply with the work schedule;
- Incorrect behavior of staff;
- Unsanitary condition of the premises;
- A damaged medical record;
- Refusal to inspect.
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That is, if the complaints are primarily organizational in nature and do not relate to treatment and personal communication between the doctor and the child, your attitude towards the institution can be expressed through the website and leave it at that. In other cases, when we are talking about more serious violations, you cannot limit yourself to such negative feedback.
Via the Internet (online)
To do this, you need to use web resources of both the medical institution - website, pages on social networks, and portals of district, city, regional and federal significance. In addition, you can file a complaint online with various bodies and departments, such as the Ministry of Health, Roszdravnadzor, the prosecutor's office and others.
It is recommended to use exclusively normative vocabulary, keep the text of the message to the point, and focus on the violations committed by the medical staff.
Appeal to the head physician
If you have time, you need to contact the management of the children's clinic in the person of the head physician. This interested person , if possible, will satisfy the demands of parents who are dissatisfied with the attitude (treatment) towards their child, and will take measures against the guilty person.
You must first make an appointment with the head physician. This is not always convenient, so you can submit a written complaint through the secretary or by mail. There is a possibility that when filing a complaint, the head physician will be notified, and he, on his own initiative, will accept the applicant, listen to him and take appropriate measures.
Rostechnadzor
The Federal Service for Environmental, Technological and Nuclear Supervision is included in the list of state bodies supervising compliance with labor legislation. The competence of Rostechnadzor includes issues of compliance with the requirements:
- safety protection at hazardous production facilities (mining, mining and chemical, coal, non-metallic, gas, oil, chemical, metallurgical industries, construction);
- labor protection during operation of electrical and thermal installations;
- nuclear and radiation safety.
You can complain about violations of established requirements due to the fault of your boss in the following ways:
- Write and send to the address 105066, Moscow, B-66, st. A. Lukyanova, 4, building 1.
- Apply in person to the public reception of Rostekhnadzor - st. Taganskaya, 34, building 1 (working hours can be clarified by calling 8 (495) 532-13-28).
- Fill out the electronic feedback form - https://www.gosnadzor.ru/public/reception/feedback/form/
Phone numbers for information regarding the reception and consideration of requests:
- 8 ext. 60-48;
- 8 ext. 30-91.
Rospotrebnadzor
The Federal Service for Surveillance in the Sphere of Protection of Consumer Rights and Human Welfare is a body of state sanitary and epidemiological supervision on the territory of the Russian Federation, with the exception of territories and organizations subject to service by the FMBA.
Rospotrebnadzor accepts complaints:
- During a personal visit of citizens to the address Moscow, Vadkovsky per. 18 pp. 5.7 (on Tuesdays from 13:00 to 16:00 by specialists from the Sanitary Inspection Department and on Fridays from 10:00 to 13:00 by epidemiological specialists).
- To the postal address - 127994, Moscow, Vadkovsky lane, building 18, buildings 5 and 7.
- Through the electronic reception https://petition.rospotrebnadzor.ru/petition/ - access to filling it out is available to the sender only after his authorization in the Unified Identification and Authentication System (if the purpose of the appeal is to conduct an audit).
To begin with, it is recommended to submit an application to the territorial body of Rospotrebnadzor. Their postal addresses and official Internet portals can be found at https://rospotrebnadzor.ru/region/structure/str_uprav.php.
Federal Medical and Biological Agency
The Department of Supervision and Control in the Sphere of Ensuring Sanitary and Epidemiological Welfare (Gossanepidnadzor), part of the FMBA, implements the established function in relation to industries with particularly hazardous working conditions and in certain territories of the Russian Federation.
The list of organizations and territories subject to service by the Federal Medical and Biological Agency is established by Order of the Government of the Russian Federation No. 1156-r dated August 21, 2006.
You can submit a complaint to the State Sanitary and Epidemiological Supervision:
- By mail - 123182, Moscow, Volokolamskoe highway, 30.
- By fax .
- By telegraph - 123182, Moscow, Polet.
- By email
- Transfer to the FMBA expedition - Moscow, Volokolamskoe highway, building 30, 1st floor, room 4 (Monday to Thursday from 9:30 to 17:30, Friday until 16:30, break from 12:00 to 12:45 ).
- When visiting the Public Reception Agency (if you have a passport, work book and other relevant documentation) - Volokolamskoye Shosse, 30, 1st floor, room 58 (Monday to Thursday from 10:00 to 16:00, on Friday until 15:30 , break from 12:00 to 12:45).
- Through the official website of the FMBA - https://previous.fmbaros.ru/reception/appeal/
Who else should I contact?
In addition to the statement to the head physician, negative reviews on websites, you can file a complaint with the Ministry of Health, the Regional Department of Health, or Roszdravnadzor. The prosecutor's office and the police accept a complaint about the actions of the medical staff of the children's clinic. But they consider applications if the actions of the doctors caused serious damage to the life and health of the child, or if the actions of the employees of the children's clinic show signs of a crime.
Roszdravnadzor
Receives complaints about the quality of treatment in the children's clinic and the dishonest work of the medical staff, violations on their part, the unsanitary condition of the premises, and others. The advantage of contacting Roszdravnadzor is that it accepts complaints by mail, via the website and fax, and also provides hours for receiving citizens at territorial authorities. The application is registered within three days, the response is provided within 30 days .
Ministry of Health
This department reviews complaints against both private and public children's clinics. If there are grounds, the Ministry of Health orders an official investigation, its results are communicated to the child’s parents. You can submit a complaint by mail in a valuable letter with a list of attachments and a receipt, or through the official website of the department.
You can find out more about how a complaint against doctors is filed with the Ministry of Health by reading here.
In the latter case, you need to go to the web resource. In the “ Public Reception ” section you need to fill out a form and submit an application. The message is composed as described above. As additional documents, you can attach digital documents, audio and video recordings, and indicate the method of providing a response to parents - by regular mail or email.
Prosecutor's office
According to Federal Law No. 2202-1-FZ “On the Prosecutor’s Office of the Russian Federation,” the responsibilities of the prosecutor’s office include oversight of compliance with the law:
- federal executive authorities;
- Investigative Committee of the Russian Federation;
- executive authorities in the constituent entities;
- local government bodies, military administration;
- heads of commercial and non-profit organizations, etc.
Based on this, you can complain to the prosecutor’s office about a boss at any level, organization or government body, including the heads of control and supervision services for compliance with labor laws.
You can file a statement about an offense with the territorial division of the Prosecutor General's Office of the Russian Federation, the military prosecutor's office, transport or specialized (environmental, for the supervision of compliance with the law at high-security facilities and in correctional institutions). Their contact details and official websites can be found on the portal of the Prosecutor General’s Office - https://www.genproc.gov.ru - in the “Structure” section.
You can complain to the Prosecutor General's Office:
- by sending a letter of complaint to the postal address of the prosecutor's office - st. Bolshaya Dmitrovka, 15a, Moscow, Russia, GSP-3, 125993;
- for a personal visit - Moscow, Blagoveshchensky lane, 10, on weekdays from 9:00 to 18:00, except Friday (until 16:45) and break (from 13:00 to 13:45);
- through the Internet reception - https://ipriem.genproc.gov.ru/contacts/ipriem/.
Sample complaint to the Commissioner for Human Rights in the Russian Federation
Commissioner for Human Rights
In Russian federation
Copy: Commissioner for Human Rights of the Sverdlovsk Region
from members of the housing cooperative in Yekaterinburg
COMPLAINT
in defense of the housing rights of housing cooperative members
Housing cooperative is a developer of land plots with an area of 63,760 sq.m, 24,658 sq.m, 9,235 sq.m, located in Yekaterinburg, provided by the Decree of the Head of Yekaterinburg for rent for a period of 5 years, for the construction of a cottage village and engineering facilities provision. After the provision of land plots, the housing cooperative began active work on the development of these land plots.
But after some time, the Yekaterinburg City Administration began to create various obstacles to the construction of a cottage community and engineering support facilities.
The housing cooperative applied to the administration of the city of Yekaterinburg with an application to formalize a lease agreement for the land plot. The administration of the city of Yekaterinburg refused in a letter to the housing cooperative to conclude lease agreements, citing the fact that the housing cooperative did not take active steps aimed at obtaining documents in accordance with the procedure established by law permitting construction on the requested plots.
Disagreeing with the administration’s refusal, the housing cooperative filed an application to the arbitration court to declare it illegal. The Arbitration Court of the Sverdlovsk Region made a decision to satisfy the stated demands and declared the actions of the Yekaterinburg city administration illegal
I would like to note that over the entire period of use of the land plot, the housing cooperative has carried out colossal work on its development.
In the period from July to December 2006, the cooperative carried out work to remove the land plot from the specially protected area, and received approvals from the Ministry of Natural Resources and the Ministry of State Property for the Sverdlovsk Region. Only on 12/11/2006 a land plot with an area of 22582 sq. m. m, removed from the list of specially protected areas by the Government of the Sverdlovsk region. Based on the order of the head of Yekaterinburg, the cooperative began the procedure for surveying land plots, and a procedure for land management work was carried out to clarify the unique characteristics of land plots.
Currently, engineering surveys have been completed, design is underway, data for design is being requested, contracts have been concluded with construction and design organizations, including:
- development of design and estimate documentation for the section of internal and external sewerage networks of an urban village in accordance with current regulatory documents.
- participation together with housing cooperatives in the preparation of design assignments;
- preparation, together with housing cooperatives, of initial data for design;
- approval of the developed design and estimate documentation in expert, coordinating and approving bodies.
Also, on the disputed land plots there are buildings, many of which are registered as unfinished construction objects for members of the cooperative
To develop land plots, the housing cooperative is in correspondence with the Administration of Yekaterinburg, OJSC Ekaterinburggaz, MU TsPRDS, EMUP Gorsvet, in order to determine the technical feasibility of connecting to water supply, gasification, lighting and sewerage systems with the issuance of technical specifications for construction projects of the housing cooperative.
As a result of the confrontation described above between the housing cooperative and the Yekaterinburg City Administration, members of the cooperative suffer - ordinary citizens of the Russian Federation who are trying to independently improve their living conditions.
The whole current situation boils down to the fact that in the end, the housing cooperative, which has invested huge amounts of money in the development of the land plot, in the beginning of the construction of the cottage village, in protecting its interests from the claims of the Yekaterinburg City Administration, will lose all rights as a developer, and will suffer irreparable losses, and the citizens who invested money for the construction of their houses, lose not only money, but also their housing, which they have been waiting for a long time.
USEFUL: watch the video and find out why it is better to correct any sample claim, complaint or complaint with our lawyer, write a question in the comments of the video
In accordance with the Constitution of the Russian Federation, the rights and freedoms of man and citizen are directly applicable. They determine the meaning, content and application of laws, the activities of the legislative and executive powers, local self-government and are ensured by justice.
The right to housing consists of three (represents three, exists as three) legal possibilities: stable, sustainable, permanent use of residential premises in all types of housing stock; improvement of living conditions in houses of all types of housing stock; ensuring a healthy living environment.
All the obstacles to the construction of a housing cooperative cottage community created by the Yekaterinburg City Administration actually deprive citizens of the construction of their housing and all three components of the right to housing. The administration of the city of Yekaterinburg abstracts itself from the Constitution of the Russian Federation, restricts, and, moreover, completely deprives members of the Cooperative of the right to housing for unfounded reasons.
A situation is emerging in which we are forced to appeal to everyone in order to provide a counterbalance to the actions of the Yekaterinburg Administration aimed at violating the rights of citizens to build their own housing.
It would seem that the Yekaterinburg City Administration should help the development of individual housing construction, but in fact, all its actions are directed only at creating obstacles to increasing the housing stock.
To sum up all of the above, in our “rule of law state”, where, on the basis of Art. 2 of the Constitution “Man, his rights and freedoms are the highest value. Recognition, observance and protection of human and civil rights and freedoms is the duty of the state,” it is considered fair to deprive people of housing in which a lot of money has been invested. But many have invested borrowed funds for which they will not receive a home, and it is necessary to return them.
Based on all of the above and guided by Art. 40 of the Constitution of the Russian Federation
PLEASE:
- take measures aimed at restoring the violated rights of citizens - members of the housing cooperative in the unimpeded construction of individual housing for themselves, in the renewal of land lease agreements
- respond to us about the measures taken.
Date, signature
Court
An application is submitted to the court for compensation for material damage and moral harm caused by the unlawful actions of the boss, to bring the offender to administrative (criminal) liability and/or to terminate the unlawful action (inaction) of the manager.
The complaint is filed with the district court at the location (legal address) of the organization in which the applicant works or worked. The application must be accompanied by documents and materials confirming the facts stated by the employee and his very right to appeal.
The application must be clearly structured and consist of four blocks:
- Block 1. Name of the court, full names and addresses of the parties to the process.
- Block 2. Description of the offense and accompanying circumstances.
- Block 3. Applicant's requirements.
- Block 4. List of attached documents and materials.
For a complaint against a supervisor to be considered, it must meet the requirements for official complaints.
How to complain about a doctor's work?
The main thing that is needed for a competent complaint against a doctor’s work is evidence of his guilt . They may be:
- Checks and receipts for payment for services and purchase of medicines.
- Treatment agreement concluded with the clinic.
- Treatment plan prescribed by your doctor.
- Certificates, conclusions, other records.
Audio and video recordings are also used as evidence of the guilt of medical staff. They need to be done correctly; for this, it is recommended to contact lawyers who will instruct how to record correctly. The main requirement is that the image or conversation should not raise doubts about the identity of the voice and the location of the participants in the conversation.
Sample letter
The complaint must include the following information::
- The name of the institution where it is submitted.
- Last name, first name and patronymic of the applicant.
- The title must include the word complaint or statement.
- Circumstances - date of visit to the clinic, doctor who was seen, complaints of the child or his parents.
- What was the violation, what rights and legitimate interests of the patient were affected.
- Applicant's requirements.
- List of attached documents, if any.
- Date and signature.
To facilitate the preparation of a complaint, a sample application is used.
The document is available for download
The legislative framework
When drawing up and filing a complaint against your boss, you should pay attention to the following legislative acts:
- “Labor Code of the Russian Federation” dated December 30, 2001 No. 197-FZ.
- Federal Law “On the protection of the rights of legal entities and individual entrepreneurs in the exercise of state control (supervision) and municipal control” dated December 26, 2008 No. 294-FZ.
- RF PP “On the Federal Service for Environmental, Technological and Nuclear Supervision” dated July 30, 2004 No. 401.
- Government Order “On approval of the list of organizations and the list of territories subject to service by the FMBA of Russia” dated August 21, 2006 No. 1156-r.
- PM of the Russian Federation “On issues of state control (supervision) and invalidation of certain acts of the Government of the Russian Federation” dated 06/05/2013 No. 476.
- Federal Law “On the procedure for considering appeals from citizens of the Russian Federation” dated May 2, 2006 No. 59-FZ.