Upon dismissal, reduction of an employee, the employing firm is obliged to issue a work book and all related documents. Sometimes it also happens that the manager considered, for example, that you did not transfer any material values or did not transfer your responsibilities, and did not give you the main document about your work activity. Then you have the right to bring him to administrative responsibility or recover compensation for moral damage.
It is necessary
- - the passport;
- - details of the employer;
- - details of the judicial authority;
- - details of the labor inspection;
- - Code of Administrative Offenses;
- - The Civil Procedure Code of the Russian Federation;
- - Labor Code of the Russian Federation.
Instructions
Step 1
If the employer does not give you a work book for various reasons, try to negotiate with him. If the labor dispute cannot be resolved peacefully, warn the former director that you intend to contact the labor inspectorate. Explain that this could result in a fine. When the former employer is not afraid of this fact, proceed to action.
Step 2
Contact the Labor Inspectorate. Write a statement that the employer violated your rights by not giving you a work book. Indeed, without this document, you cannot find a job. Accordingly, the company will be fined. Rostrud has the right to impose a fine on an individual entrepreneur in the amount of one to five thousand rubles; for the organization, violation of your labor law will cost an amount of thirty to fifty thousand rubles. And for failure to comply with the resolution of the labor inspectorate, a fine is imposed, determined by the Code of Administrative Offenses.
Step 3
There is another way, which is as follows. Go to court where you live. Make a statement of claim. In the “heading” of the document, indicate the full name of the judicial authority. Then enter your personal data, registration address. Write the details of your employer, including TIN, KPP, organization name, registration address.
Step 4
In the substantive part, write down the essence of the statement. Indicate the circumstances under which the current situation arose. That is, write that the employer does not unreasonably return the work book to you.
Step 5
Referring to the Civil Procedure Code of the Russian Federation, describe what harm was done to you. Indicate how much you would like to receive from the employer in compensation for non-pecuniary damage. As a rule, the specialist is entitled to the amount of compensation in the amount, which is calculated depending on his average earnings and the number of days that your document is not returned. Sign the application, put the date, write your last name, first name, patronymic.
