Compilation rules
First of all, a collective letter is a business document. It should contain polite requests to take into account some of the nuances of the case, show compassion towards the employee, or take into account his positive qualities.
Under no circumstances should you use colloquial expressions, become rude, threaten or be rude. This will not contribute to making a constructive decision on any issue.
The most effective collective letters in defense of an employee are written competently, reasoned, with a specific statement of the problem and a polite request. The attached sample and letter form, of course, are not the only possible form of presentation. They only outline the line of presentation.
Destination
A collective letter in someone's defense can be addressed to both a legal entity and an individual. It can be compiled by both employees of an individual entrepreneur and an LLC. Moreover, a collective letter can unite employees from different departments of the same organization.
Any citizen of our country has the right to express his opinion regarding any actions or intentions of another. Therefore, a collective letter in defense of an employee can be drawn up by any group of people who have the same position on this issue. As for the number, two signatures are enough for a collective letter.
The only requirement is accuracy and specificity. Emotional remarks and digressions are useless in an official document.
You can also send the paper to authorities (a specific official in this organization), managers of various ranks and levels.
Elements of writing
The document is formatted in the same way as most business letters. The header indicates the address: from whom and to whom the letter is sent. If an organization appears (for example, a letter is addressed to the boss), then its name must be indicated.
Formulation
The main part states the request and briefly describes the employee’s merits and positive qualities. In order for a letter to have the necessary effect, you need to adhere to certain principles:
- Respectful, adequate wording of phrases.
- Use of factual data: dates, numbers, listing the general list of merits of the protected employee.
- It is possible to use compliments to the recipient. This is not about rude flattery. Acceptable expressions are: “Knowing your great capabilities” or “Admiring your organizational skills.”
- Number of participants. It is known that a single appeal will not have the same effect as a letter signed by 100 or more people.
It is worth keeping in mind that even with a strong desire to protect and save a fellow employee from dismissal, the result of such assurance is not guaranteed. After all, if an employer decides to resort to dismissal for a gross violation of labor duties, then he has the right to do this, regardless of the opinions of employees.
This possibility is clearly stated in Article 81 of the Labor Code (specifically, in its sixth paragraph).
Time
In business correspondence, the timing within which certain actions are taken is of particular importance. In order to prevent, for example, the signing of a dismissal order, petitioners can politely ask for a response to the collective letter within a specific time frame.
You can specify “soon” or “immediately” as a reference point. The beauty of writing such letters is that the free form of presentation does not impose significant restrictions on the author.
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.
Signatures
At the end of the letter in defense of the employee, there must be signatures of all persons who share the point of view presented on paper. Moreover, they should be named both generally (for example, “warehouse employees”) and by name.
After the main content of the document there is usually a special list or, for convenience, a table. It lists:
- Full name of the signatory;
- his position in the organization (if any);
- contact phone number, address;
- and the signature itself.
The presentation of this data is necessary in order to avoid the unfoundedness of the compiled documentation.
There are times when one collective letter does not bring the desired result. If this is the case and the decision is made to write something new, then it may be more convenient to have a ready-made list of signatures.
In order not to collect signatures several times, it will be more convenient to place the table with “autographs” on a separate sheet and call it “Appendix 1”.
The text of the letter contains a link to the generated application.
If signatures are drawn up on a separate sheet, then when generating the next letter to another person (for example, to a higher, controlling organization), you will not have to collect them again.
Registration
In order for the document to have legal force, it is sufficient only to collect the signatures of all persons involved in the protection of the employee. However, for insurance purposes, so that it can later be possible to prove the existence of the letter, it is registered. It’s good if the company has a secretary position, and the letter is addressed to the manager. Then you can note the fact that the document exists with the secretary.
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If desired, you can appoint one employee as an authorized person so that he accurately reflects the general opinion.
Actually, this is how it is always done. The most proactive, encouraged by a large number of employees with a coinciding point of view, forms a document, collects signatures, etc.
Add-ons
In our country, it was customary to take someone on bail. In a collective letter, there are cases where employees vouch for someone. This means that they are responsible if the employee’s disciplinary offense is repeated.
This can serve as additional motivation for the addressee to take the action required by the document’s drafters.
In accordance with the legislation, citizens of the country have the opportunity to contact various authorities in writing with expressions of claims, wishes, and requests. In situations where the opinions of several people on a certain issue coincide, a collective letter is drawn up. A collective letter in defense of an employee, being one of such documents, must be correctly drawn up and executed; for this purpose, a sample of it is provided in the article.
Reasons for filing
A collective complaint is filed for completely different reasons, depending on the type of activity of those filing or another factor connecting the filers.
It is possible to identify the conditions under which an application is submitted by at least two citizens:
- Systematic violations by someone of legislation or moral principles that discredit representatives of the social group from which the collective appeal is submitted.
- The problem is widespread, that is, when a violation affects not one, but several people at once.
The object of a complaint can be anyone - a medical worker who has fulfilled his obligations in bad faith, a government official who has abused his official powers, or simply a neighbor who plays music loudly or litters the entrance.
Of course, the desire to file a complaint against someone appears after crossing the rubicon of patience, when it is not possible to reach a consensus in words and there are no more options (except for illegal ones) to deal with the troublemaker. Then the statement becomes a real way out of the situation for a whole group of interested people.
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General design rules
Rules for writing a collective letter
A collective letter is a competent, well-reasoned business document. But before you formalize it, you need to find out for what culpable actions the employer intends to fire the employee. A gross violation of labor duty gives the right to dismissal in accordance with Article 81, paragraph 6 of the Labor Code of the Russian Federation.
The letter expresses the opinion of the team; the number of writers is not significant. The form in which a request, specific proposal or problem is presented must be polite. The main part of the business paper is a request, a brief description of the employee’s merits, his detailed, positive qualities. The letter has a specific purpose, the achievement of which largely depends on adherence to certain principles:
- A laconic, respectful form of presenting a position.
- Handling actual data (dates, list of employee merits).
- It is permissible to use courtesy to the addressee without rude flattery.
- It is permissible to use expressions about the recipient’s great capabilities or admiration for his organizational talent.
- Number of signatories. The signatures of a hundred people will have more influence than a single appeal.
A collective document in someone’s defense is addressed not only to officials, but also to individuals (managers of individual entrepreneurs or LLCs). Employees of different departments operating in the same organization have the right to unite to draw up a collective petition.
Please understand that a positive result is not guaranteed. Article 81 of the Labor Code of the Russian Federation gives the employer the right to dismiss an employee for failure to fulfill labor duties.
Required documents
In cases where a claim is filed against an employer for non-payment of wages, illegal dismissal and other violations of an employee’s rights, it is necessary to collect a package of documents. These include:
- employment contract;
- employment history;
- The order of acceptance to work;
- dismissal order (in case of illegal dismissal);
- employee job description;
- salary certificate.
Depending on the type of offense, it is possible to provide sick leave or travel leave and other documents related to the legal process.
Peculiarities
Features of drawing up a collective appeal
A collective appeal provides for a free form of presentation of facts. However, business correspondence has a number of mandatory points: deadlines, signatures, registration.
The time at which actions are performed takes on a special meaning. For example, a polite request to respond to a collective request within a certain period of time can serve as a delay in considering an order to dismiss an employee. The guideline in this case is the words “soon” or “immediately”.
The letter in defense of the employee ends with the signatures of all persons who share the opinion presented. To ensure that the document does not turn out to be unfounded, the signatories are indicated in general as employees, as well as by name. In this case, it is necessary to list the payroll, the position held at each address and contact numbers, then the direct signature of everyone is affixed.
In some cases, you have to contact your employer again. For this reason, it is advisable to place the signatures on a separate sheet called “Appendix”. In this version, a link to the application is made in the text.
It is worth insuring that the document in defense of the employee is submitted to the head of the enterprise. For this purpose, business paper is registered with the secretary.
Sometimes the team appoints a proactive, trusted employee as an authorized person to conduct this activity. A person competently composes a letter, collects signatures, registers or delivers the paper directly to the employer.
In our country, the concept of “taking bail” was once practiced. As an addition to the collective letter, employees can vouch for a colleague, that is, take responsibility in the event of a repetition of the employee’s misconduct. This nuance is an additional motivation for the employer to take the action that the drafters of the document are counting on.
The peculiarity of the document is the expression of one’s attitude, the point of view of the whole team.
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.
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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
Links to legal acts
Links to legislation will not be superfluous
The letter may contain links to regulatory documentation. In order to correctly indicate the nature of the appeal to the employer, it is necessary to rely on the law. Humanity has developed many legal acts; it is not easy to find the appropriate law in each individual situation. You can seek the help of lawyers or work on your own by studying the legislation.
For example, a trade union organization is obliged to give advice or provide assistance on the basis of Art. 23 of Law 10-FZ, which talks about her ability to act as a defender of workers’ rights. According to the article, the trade union defends the rights of all workers, even those who are not members.
Federal Law No. 59 of May 2, 2006 “On the procedure for considering appeals from citizens of the Russian Federation” allows you to make a collective request.
What is a collective letter, when is it compiled?
A collective is a community of people who act in unison, live by the same goals and suffer from the same inconveniences and experience the same suffering. Previously, a collective was understood as a group of people who were connected only by a single work goal.
Two people are already a community. The main thing is that they are united by one claim against one rights violator.
At the legislative level, Article 33 of the Constitution was first regulated in 2006, when the Federal Law “On the procedure for considering appeals from citizens of the Russian Federation” was adopted. Following this, laws of the constituent entities of the Russian Federation began to be adopted at the regional level, which attempted to eliminate the gap in the federal law and define “collective treatment.” Due to the lack of a unified concept of “collectivity” in the framework of filing a complaint with the authorities, there is uncertainty in the interpretation of the concept in question. As an example, here are a few concepts used in the regulatory acts of subjects:
Where | Nizhny Novgorod Region | Altai region | Moscow region | Tomsk region |
definition | collective appeal - | |||
application form | written | written and oral | without specifying the form | |
served by whom | two or more persons | |||
subject | on a common issue for them | |||
where can it be submitted | not indicated | to the government body of the Altai Territory, local self-government body or official | not indicated | |
alternative serving option | public event (an exhaustive list is indicated), not taking into account, for example, a gathering of citizens | not provided | only two types of public events (rally, meeting) | all types of public events available in the legislation |
how is it verified? | signed by any participant in a public event | signed by two or more citizens | may either have a signature or be supported by a signature sheet | signed by the event organizer or other participant |
As you can see, there is no common understanding of what constitutes a collective appeal either in federal or regional legislation. But the general tendency to classify the document as a collective letter is clearly visible.
The general issue as a basis for a petition is rather vague. But it is assumed that a group of people will independently determine the area of problematic relationships.
Sample
A collective document follows the structure of most business letters. The header contains an appeal: from whom and to whom the letter is sent. If an organization is listed (for example, the message is addressed to the manager), then its name must be indicated.
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The main part of the letter outlines the essence of the request, indicating positive qualities and services to the organization.
Sample form of a collective letter in defense of an employee
We, employees————————————, out of a sense of duty, we express support and protection of our employee ——————————————.
—————————————————— (F.I.O.) has been successfully coping with his responsibilities from ——year to the present day. During this period of time he did not violate labor discipline. He was often the initiator of assistance to other employees of the organization and supported the initiatives of management.
————————- we know him as a professional in his industry, a reliable workmate, corresponding to his position in terms of professionalism and qualifications.
We appeal to you as a responsible, experienced leader with a request to listen to the opinion of the team and not to remove you from work —————————————————.
We assure that this minor offense that took place ——————————————— is not indicative and is of a one-time nature and we are ready to vouch for the employee ———————————.
Employees (signatures)————————————- 72 signatures in total
The team has the right to speak out in defense of its employee under various circumstances. Any employee of the organization can be protected. A collective petition influences the adoption of a fateful decision based on fundamental factors.
How to write a business letter, watch this video:
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After all, if an employer decides to resort to dismissal for a gross violation of labor duties, then he has the right to do this, regardless of the opinions of employees. This possibility is clearly stated in Article 81 of the Labor Code (specifically, in its sixth paragraph). Time In business correspondence, the timing within which certain actions are taken is of particular importance. In order to prevent, for example, the signing of a dismissal order, petitioners can politely ask for a response to the collective letter within a specific time frame. You can specify “soon” or “immediately” as a reference point. The beauty of writing such letters is that the free form of presentation does not impose significant restrictions on the author. Signatures At the end of the letter in defense of the employee, there must be signatures of all persons who share the point of view presented on paper.
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.
To the district police officer
Oktyabrsky district, Novy Urengoy
Ivanov I. I.
from the residents of house No. 1 on the street. Lenin
Collective statement.
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
Petrov V. G.
from representatives of the gardening society
Collective appeal
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.
Litigation:
- 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.
Collective letter in defense of the employee
We have a difficult period ahead: the school year is ending. At this time, we need unity, stability, and support for each other. We - teachers, our students, parents would like to have the opportunity to calmly and purposefully work in a single, cohesive team, engaging only in the educational process under the leadership of the Education Department in the person of Svetlana Anatolyevna Abbasova.
Sincerely, school directors. Director of Municipal Budgetary Educational Institution "Gymnasium" Municipal Budgetary Institution "Ostrovsky District" Larisa Viktorovna Petrikova, Director of Municipal Budgetary Educational Institution "Secondary School No. 1" Municipal Budgetary Institution "Ostrovsky District" Egorova Marina Pavlovna, Director of Municipal Budgetary Educational Institution "Secondary School No. 3" Municipal Municipality "Ostrovsky District" Vrublevskaya Galina Makarovna, Director of Municipal Budgetary Educational Institution "Secondary School" No. 4" Municipal Municipality "Ostrovsky District" Grigoriev Alexander Vasilievich, Director of Municipal Budgetary Educational Institution "Secondary School No. 7 named after.
The implementation of a pilot project for the long-term development of the institution has begun, presented by Oksana Borisovna and winning the competition to fill the vacant position of director of the MBU GCCD. Employees are satisfied with the leadership style of the current leader, which is important in work and relationships in the workforce. The team has a positive, creative atmosphere. Oksana Borisovna has established contact with employees, leaders of creative groups, participants in amateur associations, and park tenants.
Write an open letter to the president
O.) successfully copes with his duties from ——years to the present day. During this period of time he did not violate labor discipline. He was often the initiator of assistance to other employees of the organization and supported the initiatives of management.
————————- we know him as a professional in his industry, a reliable workmate, corresponding to his position in terms of professionalism and qualifications. We appeal to you as a responsible, experienced leader with a request to listen to the opinion of the team and not to remove you from work —————————————————. We assure that this minor offense that took place ——————————————— is not indicative and is of a one-time nature and we are ready to vouch for the employee ———————————. Employees (signatures)—————————————- 72 signatures in total The team has the right to speak out in defense of its employee under various circumstances. Any employee of the organization can be protected.
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An open letter from the staff of the Bolshoi Theater in defense of Dmitrichenko. full text
The letter, in which the head of the House of Culture is called a “creative, competent and capable of making decisions” boss, was written to and. O. head of the city. Here is the full text of the letter without changes: Dear Andrey Gennadievich! Regarding the open appeal submitted to the Minister of Culture of the Novosibirsk Region Vasily Kuzin, the acting head of Berdsk Andrei Mikhailov, the local Council of Deputies and the head of the city department of culture Marina Rekhtina with a request to relieve the current director of the State Central Culture Center Oksana Marsheva from her position, we bring to your attention that that not the entire team of the MBU GCCD agrees with this appeal. This appeal was signed by 11 of our employees.
According to the staffing table, the MBU GCCD employs 65 people. The team of the MBU GCCD believes that Marsheva O. B. In order for the letter to have the necessary effect, you must adhere to certain principles:
- Respectful, adequate wording of phrases.
- Use of factual data: dates, numbers, listing the general list of merits of the protected employee.
- It is possible to use compliments to the recipient. This is not about rude flattery. Acceptable expressions are: “Knowing your great capabilities” or “Admiring your organizational skills.”
- Number of participants. It is known that a single appeal will not have the same effect as a letter signed by 100 or more people.
It is worth keeping in mind that even with a strong desire to protect and save a fellow employee from dismissal, the result of such assurance is not guaranteed.
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.
A person lives in a society, and in the process of life he may encounter not only mutual assistance and understanding, but also immoral and illegal behavior. Therefore, every member of society must be able to defend their rights and fight against unlawful treatment, at least towards themselves.
And if a person finds out what a collective complaint is, a sample of this document, reasons for filing, etc., then it will be much easier for him to defend a large number of his rights. But it is important to remember that any document, even the most seemingly insignificant and simple one, requires scrupulous attention and careful study.