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How to write an application correctly
Russian legislation establishes the same requirements for filing an application with a judicial body, the subject of which is a labor dispute, as for other procedural claims.
It is worth considering in more detail the rules for their design:
- first of all, indicate personal information about the person who submits the application;
- then provide the employer's legal details. In a situation where a claim is filed regarding an employee, first of all, indicate the details of the enterprise, and then information about the employee;
- the next paragraph of the application contains information about the judicial panel where the claim will be considered;
- further indicate the reasons that provoked the appeal;
- then describe the circumstances, the occurrence of which infringes on the rights and interests of the subject of labor relations;
- the document ends with an indication of the requirements that the applicant intends to satisfy through legal proceedings.
Please note! Materials that confirm the fact of infringement of rights are attached to the claim. The application along with a package of evidence is accepted by the court secretary.
Sample statement of claim to the labor court
Further, the application must reflect the following questions: a) Did the employee write an application for employment; b) Did he hand over the work book to the employer; c) Were any documents drawn up instead of an employment contract? It often happens that labor relations are disguised as a civil contract, etc. When applying for a job at an interview, the employer (his representative) (F.I.O.
persons) promised to pay me wages monthly (or piecework, in lump sum, using a different calculation scheme) in the amount of rubles. cop. For previous periods, I was accrued and paid (indicate the payment method: through accounting, on a card, in person, etc.) a salary in the amount of rubles. kopecks, based on (specify the methodology for determining wages). " " " " In 2020, the payment of wages to me was stopped (if wages for a similar amount of work decreased, indicate by how much).
Grounds for filing a claim
Workers should study in detail the situations in which they need to go to court to protect their interests in a labor dispute. The rights of a citizen to protect his interests and freedoms in court are guaranteed by the Constitution of the Russian Federation. In turn, according to the Labor Code, there is no obligation for participants in labor relations to preliminarily resolve the conflict without going to court.
Taking into account the above legal norms, an employee can file a claim for any infringement of his interests.
These include the following circumstances:
- the need to collect severance pay;
- payment of arrears of wages;
- reinstatement;
- compensation for material and moral damage that arose as a result of injury at work;
- making changes to the work book regarding the wording of dismissal;
- filing a complaint regarding disciplinary action;
- confirmation of the existence of an employment relationship.
Attention! Our qualified lawyers will assist you free of charge and around the clock on any issues. Find out more here.
Statement of claim regarding labor relations
The plaintiff repeatedly appealed to the general director of LLC "" with a request to allow her to work and to clarify the situation. Some time later, the Defendant told the Plaintiff by telephone that he was fired due to a reduction in the number or staff of employees. Later, the Plaintiff learned from his colleagues that the following were also fired: 1.
; 2. ; 3. . I consider my dismissal illegal due to the following: In accordance with Part 2 of Art. 180 of the Labor Code of the Russian Federation, employees are warned by the employer personally and against signature at least two months before dismissal about the upcoming dismissal in connection with the liquidation of the organization, reduction in the number or staff of the organization's employees. Neither I nor my colleagues received any notice of the upcoming dismissal. This came as an unpleasant surprise for me. In accordance with Part 1 of Art. Statement of claim for the establishment of labor relations From March 17 to September 5, 2021, I worked in the branch of WestpromStroy LLC in Arkhangelsk as an installer of steel and reinforced concrete structures with a salary of 80,000 monthly, paid on the 3rd day of the month, next to the spent one. An employment contract was not concluded with me, I was not familiar with the employment order, but I was issued a pass to carry out work. I gave my work book to the director on March 17, 2021 before I was actually allowed to work. On March 17, 2021, I was given instructions on labor safety, fire safety, etc. The foreman assigned me a work area. September 05, 2021 In the “Labor Disputes” section, forms of claims for disputes between an employee and an employer are presented. Resolving labor disputes in court, as a rule, is the most effective way for an employee to protect his rights. Before going to court, the plaintiff needs to decide what result he wants to get, what consequences he expects, and whether he can continue the employment relationship. At first glance, such issues are unimportant, but usually the employer reacts negatively to the fact that the employee goes to court with any demands and is reluctant to comply with the court’s decision. Labor disputes in court Disputes from labor relations resolved in court present a certain difficulty in terms of establishing the correct relationship between the parties, which is often due to incorrect registration of relationships on the part of the administration.
Proof
Before the trial, the plaintiff must collect materials that confirm the circumstances stated in the application. Oral explanations regarding the subject of the labor dispute must be identical to the filed claim. Otherwise, mistrust arises. This also applies to situations where the discrepancy occurs due to confusion caused by excitement.
Any materials that support the plaintiff’s position are used as evidence. Documented information will be especially useful, with the help of which the court will be able to establish a complete picture of the situation that occurred.
All materials related to the subject of the labor dispute should be collected. In some cases, due to ignorance of legal subtleties, the plaintiff refuses to provide information that, in his opinion, is useless, which could confirm his case.
The evidence is submitted in full; the judicial authority itself will determine the importance of the submitted documents. Sometimes they provide information that covers the reason stated in the other party’s statement.
Pre-trial procedure
Before filing an application to court, the plaintiff must try to resolve the conflict out of court. As a settlement measure, a claim is sent to the employer indicating the requirement.
The application is drawn up in the amount of 2 pieces, one copy is submitted to the manager, the other with a receipt mark remains with the employee.
Jurisdiction
According to clause 1, part 1, art. 22 Code of Civil Procedure of the Russian Federation and Art. 382, 391 of the Labor Code of the Russian Federation, cases on disputes arising from labor relations are subject to the jurisdiction of courts of general jurisdiction.
If the dispute is related to non-fulfillment or improper fulfillment of the terms of the employment contract, which are of a civil nature (for example, on the provision of living space, on the payment of money to the employee for the purchase of residential premises), then despite the fact that such conditions are included in the content of the labor contract agreements, they are inherently civil obligations of the employer and therefore the jurisdiction of such a dispute (district court or magistrate) should be determined based on the general principles for determining the jurisdiction of cases established by Articles 23-24 of the Code of Civil Procedure of the Russian Federation.
Cases on declaring a strike illegal are within the jurisdiction of the supreme courts of republics, regional, regional courts, courts of the State Federal Law, courts of the autonomous region and autonomous districts (Part 4 of Article 413 of the Labor Code of the Russian Federation).
Statements of claim for labor disputes (samples)
At the same time, I was fired from my job for a reason (indicate another reason for termination of payment or reduction in salary). At the same time, the employer did not draw up any documents regarding me, I was not informed of the dismissal order, I was not given a work book, and no payments were made for the period actually worked from “” “” 20 to “” “20.” I believe that the illegal actions of the employer, which are expressed in (indicate specific actions, for example, illegal dismissal, non-payment of wages and other violations) violated my labor rights provided for by (indicate the norms of the Labor Code of the Russian Federation, according to which the employer’s actions are illegal).
Deadline for filing a claim
If a plaintiff intends to resolve a labor dispute through litigation, he should not delay filing an application.
The law establishes the following limitation periods:
- 30 days regarding the issue of reinstatement;
- 12 months for repayment of arrears on wages and other financial issues;
- 90 days for other labor disputes.
The period begins from the moment when the applicant became/or should have become aware of the infringement of his interests. If the labor dispute concerns dismissal from work, then the calculation begins from the day the work book is received or the order is read.
Remember! In a situation where the plaintiff missed the deadline to go to court for a serious reason, he must provide documentary evidence of this fact. Otherwise, the claim will not be accepted for consideration.
Since legal proceedings are lengthy processes, you should not delay filing a claim. It is especially important to go to court as early as possible in a situation where the labor dispute concerns financial issues. Delaying a claim in this case can significantly complicate your financial situation.
Application form to the labor dispute commission
Many people do not know the fundamental principles that must be used when writing a written statement about any act that violates the legislative process in the narrow sphere of a particular enterprise.
These abstracts are used purely for the purpose of correct creation; the form looks like this:
- One of the most important actions is to create and submit an application directly to the commission of your organization in only two versions, the first is a directly handwritten original, as well as a copy of the document of the same name. This is done so that one document remains in the hands of both parties.
- Present the entire significant problem without water, in a purely dry form, so that it is the most business-like text, carrying analytical properties.
- It is also significant that a number of basic documents must be attached; it is different for all situations, however, later a certain number of documentation will be identified for all cases (on average, of course).
Sample:
In the CTS (Commission on Labor Disputes)
From Alexey Akhmetovich Vasyutin, who works as a watchman at the District Center of the organization of the same name
I live at Moskovskaya, 29 “A”
Statement:
I, Alexey Akhmetovich Vasyutin, am currently working as a watchman at a specialized regional center. I appeal to the labor dispute commission in order to resolve the issue of non-payment of wages in the written amount (20,000 rubles) as thoroughly and thoroughly as possible, the general director in every possible way avoids stipulating this type of activity and all responsibility smacks of poor performance on my part. Although this is fundamentally wrong, I carry out my direct duties, always go to work on time and leave according to the schedule written to me personally. Therefore, referring to Article 176 of the Labor Code of the Russian Federation, I wanted to resolve this issue with a full-fledged meeting.
Court expenses
According to the legal norms of the Labor Code, employees are exempt from paying fees for government services when filing a claim in court regarding a labor dispute. In fact, if the employee has an employment contract, any appeal to the court on the issue of labor relations is carried out free of charge.
The only exception that requires payment of a state fee is the filing of a supervisory or cassation appeal, regardless of the decision of the primary court.
If the employee’s claim is satisfied, he may demand that the defendant be obligated to pay legal costs. Therefore, if you are confident in a positive court decision, it is better to contact a competent lawyer. The costs of winning are paid by the defendant.
Labor disputes
The plaintiff worked 6 shifts and was actually paid an amount of 18,000 (eighteen thousand) rubles. In November 2021, the Claimant worked 15 shifts and was actually paid an amount of 45,000 (forty-five thousand) rubles. In December 2021, the Claimant worked 16 shifts and was actually paid an amount of 48,000 (forty-eight thousand) rubles.
Attention
In January 2021, the Plaintiff worked 15 shifts and for this month wages in the amount of 45,000 (forty-five thousand) rubles have not been paid to date. It is confirmed that the Defendant paid the Plaintiff's wages several times. According to Art. 136 of the Labor Code of the Russian Federation, wages are paid at least every half month on the day established by the internal labor regulations, collective agreement, or employment contract.
