If the employer violates the terms of the labor or collective agreement, the employee has the right to apply for protection to the labor inspectorate, prosecutor's office or court. You can do this sequentially, or send your application to all three of these authorities at the same time. In all these cases, you will need to write an application for the employer and use a single form for this.
Instructions
Step 1
At the first sign of unfair employer, take care of the evidence base. Ask the HR department to make a copy of the work book, where there is a record of your employment at this enterprise. To do this, you can use such an excuse as getting a loan. You will also need your copy of the employment contract, a copy of the order for hiring you, a liability agreement (if any) and a copy of the collective agreement.
Step 2
The requirements for the design and content of the statement of claim are set out in Art. 131 of the Civil Procedure Code of the Russian Federation. Send the application to the prosecutor's office in the area where your business is located, to a court of general jurisdiction or to a magistrate.
Step 3
In the upper right address part of the application, write the name of the organization (prosecutor's office, court) and the region to which it belongs. If the application is addressed to a Justice of the Peace, indicate the title, surname and initials. Then put the word: "Plaintiff:" and write your last name, initials. After the word: "Respondent:" indicate the name of the organization, its address.
Step 4
Write a heading in the middle of the line: "Statement of claim about …" and indicate the legal precedent: "collection of wages", "reinstatement in the workplace", etc.
Step 5
In the text of the statement, first state the essence of the matter, tell in what position and from what time you have been working at this enterprise, what work you have been doing. Then move on to reporting the facts that violate your rights. State them sequentially, with references to specific amounts of deductions or non-payments, documents that served as the basis for violating an employment or collective agreement. These can be orders and orders of the management of the enterprise. Immediately indicate what their illegality is with reference to specific articles of laws.
Step 6
In conclusion, refer to the article of the Labor Code, which, in your opinion, should be applied, and state your requirements, including in monetary terms.
Step 7
Under the text, write "Attachments:" and list the attached documents, assigning each its own serial number. When listing, indicate the number of copies and sheets of each document. As attachments, you will need: a certificate of the wage rate or the assigned salary and your average earnings, a written calculation of the amount requested in the application, a copy of the decision of the labor dispute committee from your enterprise, an extract from the provision on bonuses or the collective agreement, a copy of the statement of claim.
Step 8
Put the signature, give it a transcript. Indicate the date of the application.
