The practice of considering labor disputes shows that most conflicts between an employee and an employer are associated with violation of the legal rights of personnel. Most often, there is a refusal to conclude an employment contract, violation of the terms and rules for the payment of wages, lack of payment for overtime and overtime. Where can you complain about violation of rights by the employer?
It is necessary
- - passport;
- - a copy of the work book;
- - a copy of the employment contract;
- - documents confirming the fact of violation of labor rights.
Instructions
Step 1
Find out if your organization or business has a labor dispute committee. Such a body is usually created from representatives of the employer and the labor collective. Submit your question to the commission. The competence of this body includes the settlement of individual labor disputes. The exceptions are issues related to compensation for damage to the employer, disputes about reinstatement at work and refusal to hire.
Step 2
File a complaint with the local labor inspectorate. This institution supervises the observance of labor legislation and performs a number of control functions in this area. State your claims to the employer in writing, indicating the specific facts of violations and attaching supporting documents. Within a month, your complaint will be considered, and based on the results of the inspection, the employer will receive a written order demanding that the violations be eliminated.
Step 3
Write a statement to the prosecutor's office at the location of your business or organization. Report the fact of violation of your labor rights and ask for a prosecutor's check to bring the perpetrator to justice and restore the violated rights. Such a statement can be sent to the prosecutor's office by mail or handed over to the office. Depending on the type of violation, the employer can be brought not only to administrative but also to criminal liability.
Step 4
Consider the possibility of solving the issue in court. For example, if the essence of your claim is that your employer has not paid you wages for three months, you have the right to file a claim with the court. As supporting documents, submit a copy of the employment contract and work book, copies of orders and orders of the employer, pay slips for the period preceding the violation. The claim can be filed both at the place of residence of the plaintiff and at the location of the defendant. The state duty is not imposed on the consideration of cases in labor disputes.
