An appeal drawn up in the form of a letter to a government authority or organization with demands to eliminate the causes of illegal actions or compensate for the damage received is called a complaint. Often individual complaints do not bring the desired result.
Single requests are simply lost or left unaccounted for. However, sometimes situations arise in which citizens find like-minded people with similar, or even identical, requirements for the same government body or organization. In this case, you can unite and solve the problem with common forces.
On behalf of all citizens dissatisfied with a certain situation, a collective complaint can be drawn up. When drawing it up, it is necessary to come to a common opinion, otherwise the claim will not be signed by all members of the team.
Since any person can write a collective complaint, the person responsible for this important task should be identified. In order for the addressee to properly respond to these requirements, the document must be drawn up and signed in accordance with certain rules.
How to correctly draw up a collective complaint - sample application and procedure for registration
An appeal drawn up in the form of a letter to a government authority or organization with demands to eliminate the causes of illegal actions or compensate for the damage received is called a complaint. Often individual complaints do not bring the desired result.
Single requests are simply lost or left unaccounted for. However, sometimes situations arise in which citizens find like-minded people with similar, or even identical, requirements for the same government body or organization. In this case, you can unite and solve the problem with common forces.
On behalf of all citizens dissatisfied with a certain situation, a collective complaint can be drawn up. When drawing it up, it is necessary to come to a common opinion, otherwise the claim will not be signed by all members of the team.
Since any person can write a collective complaint, the person responsible for this important task should be identified. In order for the addressee to properly respond to these requirements, the document must be drawn up and signed in accordance with certain rules.
Sample collective letter
For each case or problem, the statement is drafted differently. How to write a collective complaint or letter, where can I find a sample? Below are three examples of requests for the most common problems. To write, you do not need special forms or blank sheets; it is enough to have an ordinary sheet of paper.
Sample of a collective complaint against neighbors.
Oktyabrsky district, Novy Urengoy
from the residents of house No. 1 on the street. Lenin
We, the undersigned, ask you to take action against citizen V.V. Sidorov, who lives in apartment No. 35 of building No. 1 on the street. Lenin, in connection with the systematic violation of the Code of Administrative Offenses of the Russian Federation, as well as Federal Law No. 52, according to which the noise level in residential buildings should not be louder than 30 decibels after twenty-three hours.
We ask you to solve our problem, namely, to have a conversation with V.V. Sidorov and tell him about responsibility under the Code of Administrative Offenses of the Russian Federation.
Here you need to put the names and signatures of the residents of the house.
Now it is worth considering the rarest, but very important type of address - to the head of the city.
Head of the city of Saransk
from representatives of the gardening society
We, the undersigned, ask you to take action against the general director and owner of the “Udacha” cafe, due to the fact that the latter illegally took away the land from our gardening with the further construction of a public catering outlet on it and the absence of a lease agreement. In our opinion, the most correct thing would be to resolve the case pre-trial.
We ask you to solve our problem, namely, demand compensation from the owner of the cafe for the land plot and achieve the closure of the establishment.
(names, surnames, signatures)
Quite often, not knowing about the possibility of filing an application personally with the head of the city or another government official, people immediately file a lawsuit in court, demanding that the defendant receive punishment.
- in many cases they last quite a long time (and appealing the decision even longer);
- require large investments of funds for lawyers and notaries.
And due to the fact that, for example, the character presented in the sample has a certain reserve of money than the conventional members of the gardening business, he has a greater chance of finding a good lawyer and winning the case. And having received a warning, a person is unlikely to want to contact the administration and will resolve the conflict without trial.
What do you need to consider?
Before writing a collective statement, it’s worth figuring out: what needs to be taken into account when writing a collective statement? In order for a collective petition to be considered, you must remember:
- The complaint must be strict and concise.
- Indicate specific requirements; if they have several meanings, it is better to change their wording and present them as separate points.
- It is necessary to include current and accurate data in the text: addresses, dates, names of organizations, etc.
- It is not customary to describe individual cases for each participant in a group statement. The meaning of a collective complaint is that it expresses a common opinion about violations affecting everyone.
- The document is signed exclusively by all persons specified in the application.
The requirements must be the same for all participants in drawing up the petition. If an individual member of a class grievance is not relevant to any of the claims stated in the complaint, it is best to exclude him from the list.
Gathering reliable information from each team member is usually the responsibility of the complainant. If the problem is common, and everyone has legal grounds for the specified requirements, it is necessary to choose a trusted person who will represent the interests of the entire group.
Note! The more people are involved in solving the problem and sign the appeal, the higher the likelihood that the recipient will urgently take the necessary actions.
Text Features
In the process of drawing up a collective complaint, it is important to observe several conditions when writing the text:
- You need to write in an official business style, avoiding emotional outbursts and lyrical digressions.
- Insults, familiarity and familiarity must not be tolerated; one must not follow a strict line, referring only to facts and laws.
- Present information without value judgments, in a “cold” form. There is no need to try to lure the addressee to your side, if we are talking about a real offense, the law will always be on the side of the writer.
- Only real facts should be listed, without exaggeration or understatement. Otherwise, admitting the slightest lie can play against the team writing the statement. Each argument needs to be thought through and logically linked to the overall design of the document. Information needs to be contained as concisely as possible; the easier it is to read, the faster it will be considered.
But in general, writing a collective statement is not something difficult; it can be composed competently and beautifully if there is a determination to solve the problem and important points.
As with the preparation of many other documents, in the issue of a collective complaint it is necessary to identify several important points:
- You should always try to reach a compromise verbally. It happens that people do not even try to talk to the person they want to write a statement against, although some problems could be solved with just one request or appeal to observe moral rules.
- It would be best to find the maximum number of supporters before transmitting correspondence to one or another body. The more signatures on a group statement, the better. It is also required to maintain contact with all complainants at all times and consult with them if any provision of the document is changed or changes occur in the complaint process.
- Consider other types of legal documents that may be better suited to solving any problem. In addition to collective letters, there are also individual letters, complaints and much more.
- For convenience, the team can elect a leader from among the applicants who will manage the process of writing a complaint, and then monitor the registration of the completed complaint and its consideration.
Read more: How to return a product of inadequate quality without a receipt
By following these seemingly insignificant rules, you can seriously increase the chance of a positive decision on your application. Legal consultations
In special cases involving the use of references to laws and subtle legal nuances in a collective letter (and this happens quite often, especially when applying to Rospotrebnadzor, Rosreestr, and other government organizations), applicants may need to consult a lawyer.
Ideally, any official document should be drafted with the participation of experienced legal professionals, but since the services of a good lawyer are not cheap, people rarely turn to them for help.
There are two cases in which consultation with such specialists is simply necessary:
- the appeal is submitted not for domestic reasons, but for legal reasons (consumer rights are violated, arbitrariness in municipal or state authorities, violation of labor legislation);
- the statement is written on issues relating to large amounts of money or even human lives (the issue is of particular importance).
Of course, with some luck, the problem may be resolved positively in favor of those who reported without the help of lawyers, but still you should not take risks and play it safe.
To summarize, we can say that in order to correctly write a collective letter, as well as any other document, it is important to be guided exclusively by the current legislation of the Russian Federation and carefully study writing samples. And you won’t need to enter the queries “collective complaint sample” or “collective letter sample” once again.
To come in
Drawing up a document
At some point, everyone has had to make complaints and statements to various structures on their own behalf, but how to write a collective letter?
A collective complaint is not particularly different from any appeal. The document is drawn up in free form, but it is better to submit it in printed form, since reading handwritten text may be inconvenient to read when signing.
A sample collective complaint can be found on the website. It is permissible to take the principle and structure from individual circulation. Since a single initiator can draw up a collective complaint, when writing you should take into account the distinctive features of such an appeal:
- It is written in the first person plural: “we”, “us”, “we want”. The word “I” is used only in an individual complaint, but in this case the sender writes on behalf of the team.
- It is necessary to indicate all persons making the complaint.
- Each member of the team involved in putting forward demands must sign at least two samples of the collective letter.
- It is not necessary to write the addresses of all participants, but you should indicate the address of any person from the team so that the application is not considered anonymous.
- It is better not to include contact details of all persons, for example, telephone numbers, in the details. The data of the person in charge who has the most complete information is sufficient.
The initiator of the application must have contact information for all members of the team so that in case of verification he can provide information about each applicant.
How to Correctly Write a Collective Appeal to the Administration
In some cases, officials insist on providing original signatures. In such situations, they can be demonstrated, but under no circumstances should they be given away. In practice, there are cases when officials literally snatched documents from the hands of citizens.
If any problem arises, as a rule, you have to contact different authorities. For example, the activities of an enterprise cause damage to the environment. Citizens gather and write a collective letter to the head of the organization.
Determining the addressee of the letter (read more...)
Delivery to the addressee
The document is not necessarily duplicated for all participants. Two copies with original signatures are enough.
The message can be sent to the addressee:
- Russian Post;
- courier service for delivery of correspondence;
- personally, by one of the team members;
- via electronic communication channels.
It is better to use the method of sending a letter via the Internet as a duplicate message. A high-quality scan of a document can be sent through the appropriate portals and services of organizations. If you apply through the public services portal, or from the prosecutor’s office website, be sure to wait for the notification that the application has been accepted and recorded with the assigned number.
After sending the collective letter to the recipient, save the second sample and other evidence of transmission of the complaint. Russian legislation provides for the consideration of a complaint by organizations within ten days, and by government agencies - within thirty days.
When the requirements are stated clearly and competently, all formalities are met, you can count on a high-quality and prompt consideration of the application. If there is no response in due time, or the decision made does not satisfy your requirements, you can contact the judicial authorities. It is also permissible to appeal unlawful decisions to higher authorities.
In any case, collective statements are an effective method of appeal. A united group of citizens has greater opportunities and resources to solve common problems.
Management of an economic entity is carried out by the director of the company, who works on the basis of the company’s charter and makes all decisions on the management of the organization, including regarding labor relations. Enterprise personnel may disagree with them, especially when their rights are violated. Then a collective complaint is drawn up by the organization’s employees against the manager.
What is a collective complaint?
A collective complaint against a manager is a statement drawn up by a group of company employees containing a description of the violation committed by the management and a demand to correct this injustice.
This document is compiled as a measure of influence on management. It can be sent both to the company’s senior management and to the competent authorities - labor inspectorate, prosecutor’s office, court, etc.
This document is drawn up on behalf of a group of people, so it must be signed by all employees of the company.
Attention! Consideration of this complaint takes place in a special manner. This document cannot be ignored, so great importance is attached to it.
Grounds for writing a complaint
The procedure for writing a collective complaint is considered by labor law.
They also define the grounds on which it can be compiled:
- Violation by the company administration of the obligations stipulated by employment agreements.
- Discrimination against company employees in the scope of labor relations.
- Coercion to perform labor functions, including under threats.
- Failure to provide information regarding compliance with the terms of the employment contract.
- Violation of the existing principles of social partnership.
- Establishment of labor functions by an employee that are not provided for by labor functions.
- Violation of the standard working day or week.
- Failure to comply with labor protection.
- Other violations of the collective agreement.
- Failure to comply with the amounts of remuneration for workers established by law and employment contracts.
- Refusal to compensate for damage caused to a company employee.
- Harassment by a manager against employees of the company.
Complaint about sabotage
The actions of the company's management may be deliberate in nature, aimed at causing harm to the entire team of the enterprise. This situation can occur when the management of a division of the company takes deliberate measures to disrupt the work of the department.
In this situation, employees of such a structural unit can collectively file a complaint addressed to a superior manager, attaching all orders, orders, memos issued by the head of the department and confirming the fact of sabotage at the enterprise by mid-level managers.
Complaints against managers by employees to a higher organization are less common than complaints against heads of structural divisions.
Violations of labor laws
The main grounds for filing a collective complaint are violations committed by the company’s management in the field of labor legislation.
The employer must comply with all conditions that he must provide within the scope of labor legislation.
Attention! Therefore, if employees see that such violations are being committed, they can file a complaint against the general director of the company as a whole.
Complaint about the master
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Do you have a legal education? Do you represent a law firm? Login as user. You can enter the site if you are registered on one of these services:. How to make a collective complaint against a foreman; incorrect, biased attitude of the foreman towards workers; impossibility of further collaboration. Messages: 1 Registration: 0 users liked the answer. Hello, danil popov! A collective complaint is a full-fledged official document, which must be accepted by the secretary of the organization and assigned an incoming number.
The document itself should have a “header” - data of the head of the organization and a list of names of those applying. Then below and according to, and even below the text of the complaints listing the violations correctly and to the point, without emotion. In conclusion, the date and signatures of all those who applied with a transcript. Victor Smirnov. Messages: 83 Points: 66 Registration: You can submit a complaint to a superior manager with approximately the following content We, working organizations name , are writing to you in connection with an incorrect and biased attitude towards your subordinates, the position and name of the foreman against whom you are filing a complaint.
The number and full name of the foreman against whom you are filing a complaint is incorrect and biased towards the entire workforce, which can worsen the situation at work.
You also describe other cases of arbitrariness on the part of your master. In connection with the above, we ask you to remove the name of the foreman from his position, since in his position, he undermines the work of the team, which will lead to a deterioration in working conditions. And the signatures of all team members. Andrey Lavrinov. Messages: 64 Points: 51 Registration: Hello, Daniil, a complaint can be made in any form addressed to the boss.
The complaint must indicate facts of bias and state in writing the existing reasons for the impossibility of working together. Then, at the end of the complaint, each team member must sign and date it. The management of the enterprise is obliged to respond. Andrey Bakhmetyev. Messages: 15 Points: 7 Registration: Modified by: Andrey Bakhmetyev - When drawing up a collective complaint, it is very important to interview all those dissatisfied and indicate the reason for the dissatisfaction for each.
It is necessary to indicate all the details of everyone who signs the complaint. Yulia Gulyaeva. Messages: Points: 84 Registration: Good afternoon, danil popov! A collective complaint is a type of full-fledged official document. The document must have a “header” - it indicates the data of the head of the company, then the data of those who apply. Then, below and below, the complaint itself is written.
The violations are listed clearly and to the point, as well as the facts. At the end - the date and signatures of all applicants with a transcript. Elmira Magaramova.
and examples
It is important to comply with all requirements for filing a collective complaint, as failure to comply may result in the complaint not being considered or being rejected.
It is imperative to take into account the body to which this collective statement is sent, since for certain authorities it is necessary to strictly adhere to the form of this document.
Let's take a closer look at the recommendations for drawing up a collective complaint.
Complaint structure
When drawing up a regular complaint against management on behalf of the team, a free form can be used.
The recipient of this application must be indicated. You don't have to include information about the senders in the header. It will be enough to write down that the application is submitted by a group of employees of the enterprise.
After the name of the document is reflected, the main part of this document is recorded. It describes the current situation, accurately and reliably states the fact of the violation committed by the company's management.
What follows is a list of the demands of the collective of workers to eliminate the violations committed.
After this the date is entered.
Each member of the workforce must sign the application. The employee not only puts his signature, but also indicates his personal data.
Then a list of appendices to the application is indicated, which includes evidence of violations committed by management.
Design nuances
There is no strict template for such an appeal; it is usually drawn up in free form.
Things to consider:
- The peculiarity of this complaint is that despite the fact that it is considered collective, the document is drawn up by an elected representative of the collective. When drawing up this complaint, he must take into account the opinion of the entire team.
- As soon as it is compiled, the entire team must familiarize itself with its contents, and as a sign of agreement with the information specified in the document, each employee participating in this process signs this document and deciphers his signature.
- All employees who signed the application can be drawn up as a list with their data and signatures, and then attached to the application.
- The text of the document should not contain insults, obscene language, curses, etc.
- All facts included in the application must be reasonable and have an evidentiary basis.
- According to the law, complaints submitted anonymously (i.e. without indicating the identity of the author) will not be accepted.
Who is serving?
You can make a whole list of persons from whom a complaint can be filed, but it would be more correct to consider the most common options:
- residents of the house who are dissatisfied with the behavior of a neighbor or neighbors (loud noise, a drinking neighbor, unclean behavior, maintaining a brothel that threatens other people’s property and people’s health);
— residents of the building who are dissatisfied with the work of the management company (lack of cleaning of staircases, delay in repairs, maintenance of the pipeline and other overpasses in disrepair, improper performance of their utility duties);
- people who have suffered from police or bureaucratic arbitrariness (extortion, provoking bribes, beatings, dereliction of duty);
- parents whose children are experiencing certain problems in kindergartens and schools (negligent attitude of teachers towards children, rude and unpedagogical communication between the class teacher and students, threats in the classroom, insults, etc.)
— subordinates whose boss violates labor laws and harms the production process (delays wages, forces them to work at unregulated hours, insults and morally humiliates employees, practices illegal dismissals or non-dismissals).
Although the list could be significantly expanded, the examples presented can provide an understanding of the subject of the complaint.
Submission methods
The completed document can be sent to the recipient in several ways:
- Personally take the complaint to the recipient and hand it over to him.
- Send a complaint through the post office or courier service.
- Submit a complaint online.
In writing
A written complaint can be submitted either directly to the recipient or sent by mail.
For personal transfer of a document, a representative of the team is selected, who goes to the appropriate recipient and gives one copy to him. On the second complaint form, it is advisable to receive a mark indicating that it was accepted.
Attention! The representative of the team can be the person who originally compiled this document.
Online
There are several services on the Internet that allow you to generate collective complaints to the relevant authorities. There you need to enter data strictly according to the template, and then send it through telecommunication networks.
Where can you send a complaint?
Senior management
Employees can complain about their immediate supervisor to their superiors (if there is one). For example, branch employees can send a complaint against the branch manager to the head office.
The procedure for writing a complaint against a boss to higher management is no different from an individual appeal, but must be signed by the entire team.
Trade union organization
Workers can organize a trade union body that is authorized to resolve issues of protecting their rights. Also, such a public organization can be created in a locality.
The trade union can speak on behalf of dissatisfied employees and negotiate with the employer. This body can also help draw up appeals to regulatory authorities.
Trade union members have the right to visit the workplaces of those citizens who have applied to the body to protect their rights.
Labor Dispute Commission
An enterprise can create a local body representing the executive branch - a labor dispute commission (LCC). It is organized both at the initiative of employees and the employer himself. Decisions made by the commission are binding.
However, the CCC is empowered to consider only individual labor disputes. To file a collective complaint, you must contact other authorities.
Labour Inspectorate
It must be remembered that the labor inspectorate is not empowered to collect debts to employees from the company. For these purposes it is necessary to go to court.
The Labor Inspectorate acts as a government agency that is authorized to monitor compliance with labor laws.
A collective complaint to the labor inspectorate must be drawn up on behalf of all interested members of the labor collective and submitted to the inspector.
Based on the received request, the inspectorate conducts an unscheduled inspection. If violations are subsequently discovered, a fine may be imposed on the organization and officials in accordance with the Code of Administrative Offenses.
Prosecutor's office
The prosecutor's office is authorized to receive complaints from citizens regarding violations of the law. A collective appeal from employees regarding violations of labor legislation at the enterprise can also be submitted to this body.
The process of filing a collective complaint against a boss to the prosecutor’s office is no different from filing individual complaints.
After receiving a complaint, an unscheduled inspection of the employer must be carried out. Based on its results, the prosecutor can impose a fine or issue an order to eliminate the identified shortcomings. If serious violations are discovered, the inspection materials can be immediately submitted to the court.
Court
If appealing to any authority does not help, you can prepare a statement of claim and file an appeal to the court. It is necessary to attach documents confirming the correctness of the employees.
It must be remembered that the law establishes limitation periods, after which the defendant may declare the impossibility of considering the case. In extreme circumstances, the term can be reinstated (this decision is at the discretion of the judge).
Important! In addition, the court is the only authority that can collect funds from the employer, including unpaid wages, compensation, moral damage, etc.
No state fee is paid when considering labor disputes.
Specifics of filling out subscription forms
Important information Let's look at an example. In one of the settlements, people collected signatures against the construction of a shopping center. The procedure took place during public hearings on the issue of issuing a document on the basis of which a construction permit is issued. This document is the urban planning plan of the site. As a result of the hearings, it was decided that the residents spoke out against the construction, but not against the registration of the GPZU. Accordingly, the issuance of this document automatically implies construction.
- neighbors;
- employers;
- individuals and legal entities;
- employees at work;
- organizations involved in managing households in apartment buildings;
- teachers of schools, universities and other educational institutions;
- workers of preschool institutions.
Deadlines for responding to collective applications
The same deadlines are established for responding to collective complaints as for individual complaints.
The maximum period for consideration of a received complaint is 30 days. But under normal conditions, applications are usually considered within 15 days.
After this period, a written response is issued and sent to the specified address. If time is needed to establish the circumstances of the violation, the inspector uses the entire period during which he interviews the necessary witnesses, requests documents, etc.
If the complaint was filed due to wrongful dismissal, it must be considered within 10 days.
Attention! If it takes more time than 30 days to receive information on requests, this period can be increased to 60 days. But this can only be done once, and the law requires written notification of applicants about this step.
What is the threat to management from a collective complaint?
After the audit, management may be subject to the following responsibilities:
- Material - expressed in the payment of monetary compensation to employees for a violation committed (for example, for wages issued in violation of the deadline);
- Administrative - is expressed in the imposition of fines both on the official himself and on the organization. It is imposed according to the Code of Administrative Offences. If such a violation is recorded again within a short period of time, the sanctions are increased, up to and including disqualification of the official;
- Criminal - only the manager himself can be brought to justice if the violation was committed on a large scale and for the purpose of obtaining personal gain. Punishment, depending on the violation, can range from a fine to imprisonment.
What to do if the team does not agree with the response to the complaint?
If in response to a submitted complaint an answer was received that did not satisfy the team, it is necessary to complain to higher authorities.
First of all, you can submit a repeated complaint to the head of the inspector who carried out the inspection.
In some cases, this can be done to a higher department - for example, if the appeal was submitted to the city labor inspectorate, you can file a complaint about the results of the inspection to the regional or all-Russian one.
In addition, there are government agencies that can review the decision of the previous authority. For the labor inspectorate, this body is the prosecutor's office, and for both of them, it is the court.
Attention! If you go to court, it is very important not to miss the statute of limitations, since it will be very difficult to restore it due to filing a complaint with another body.
In addition, only this body has the right to recover all amounts of money from the employer - if employees make demands for payment of wages, compensation, etc.
Tags Complaints
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