How To Write A Statement Of Labor Disputes

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How To Write A Statement Of Labor Disputes
How To Write A Statement Of Labor Disputes

Video: How To Write A Statement Of Labor Disputes

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To protect your labor rights, you can contact the Labor Dispute Commission (CCC) established at your company, or directly to the court. You choose the specific form of protection of violated rights yourself.

How to write a statement of labor disputes
How to write a statement of labor disputes

Instructions

Step 1

The competence of the CCC includes disputes about changes in the essential terms of the employment contract; about entries in the work book; on the collection of wages; about wages; on the application of disciplinary sanctions, etc. Start drawing up the application by indicating the details: "To the Chairman of the CCC (name of the organization), from (full name and position)". If you go to court, write: "To the magistrate of the court district No., city N (In the Oktyabrsky district court of the city N), Plaintiff: (name and address of residence), Defendant: (name and address of the organization)". All this data is located in the upper right corner below each other.

Step 2

On a new line in the middle, write the word "Application", and when communicating with the court, write, for example, "Statement of claim for the recovery of wages, compensation for unused vacation and interest for late payments" or "Statement of claim for reinstatement at work, payment of forced time truancy ".

Step 3

On the red line, state from what moment you have been working in this organization (indicate the date of hiring) and in what capacity (position). Next, describe the essence of violations of your rights, for example, “since (date) the administration of the organization has not paid me a salary. The total amount owed is (amount in words). The reason for non-payments, according to the director, is the lack of funds from the payroll fund "or" Order No. ___ dated ___. I am laid off for layoffs. I consider the dismissal to be illegal, since the dismissal procedure was not followed in relation to me: I was not offered vacancies, the opinion of the trade union organization, of which I am a member, was not asked.

Step 4

Summarize the main part of the application, referring to the norms of the law on the basis of which you protect your labor rights, for example, “In accordance with Art. 2, 4, 134, part 6 of Art. 136 of the Labor Code of the Russian Federation (if we are talking about restoration - Articles 82, 180, 394, 396 of the Labor Code of the Russian Federation), I PLEASE: … ".

Step 5

Make a list of requirements and number each item: “1. Collect from (full name of the organization) wages for (indicate the delay period and the amount in words). 2. Index the delayed wages based on (for example, an order for the enterprise) for the entire delay period. 3. To oblige the organization (the defendant - when applying to the court) to calculate and pay me interest for late payments on the day of execution of the decision "or" 1. To reinstate me in the position of the Legal Adviser of the Human Resources Department of Kiparis LLC. 2. To collect in my favor the average earnings for the entire time of the forced absence from ____ g. on the day of recovery at work."

Step 6

As an attachment, you can submit to the CCC certificates (statements) confirming the amount of debt. If you are filing a claim in court, then attach to it a copy of the work book, a copy of the employment contract, a copy of the dismissal order, a certificate of average earnings, a certificate of non-receipt of wages and other payments, a certificate from the trade union committee, a copy of the claim for the defendant, and other documents with which you deem it necessary to familiarize the court. The application must be signed and dated.

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