Many unscrupulous employers forget about the Labor Code of the Russian Federation and try to save on social payments to employees, infringe on the statutory rights of employees to leave, sick leave, and extra payments for overtime. And in most cases, employees are forced to go to court for the restoration of violated rights. The resolution of the dispute in court can lead to the fact that the relationship between the employee and the employer will deteriorate. Most likely, it will be so, but why do we need an employer who thinks only about his own well-being, forgetting about the needs of his employees.
Instructions
Step 1
First of all, you need to know that if your right as an employee has been violated, then you do not need to wait long, since the statute of limitations for labor disputes is only three months, and one month for disputes related to the dismissal of an employee, so if you were not paid during wages, then you have three months to get it in court, and if you were fired without explanation, then only one month.
Step 2
Find out about the violated right - write a statement of claim and go to court. The law does not oblige you to contact lawyers or attorneys, so you can independently write a statement to the court, the most important thing is to state the controversial situation competently and in detail. The statement of claim for illegal actions of the employer is submitted to the court at the location of the employer. The legislator exempts the employee from paying the state duty for the consideration of a labor dispute.
Step 3
The application must be accompanied by documents confirming the circumstances of the dispute, but this can also be done by the employee independently, since the employer is obliged to submit to the employee all the necessary documents that relate to the employee himself and his stay at the employer's enterprise. In most cases, it is enough to attach to the statement of claim a copy of the work book, a copy of the employment contract and a document confirming the violated right, for example, a copy of an order or a 2-NDFL certificate. The formation of the evidentiary base completely depends on the circumstances of the case, and if necessary, the court will demand documents relevant to the resolution of the dispute.
Step 4
If the filed statement of claim is related to the demand for compensation or for lost funds, then the statement must be accompanied by a calculation of the amount claimed for compensation. The calculation can be made by you yourself, if in the process it becomes necessary to confirm your calculations with accounting documents, then the court can demand the necessary evidence from your employer.
Step 5
The statement of claim must contain: the name of the court to which the statement is submitted; plaintiff's data (full name, registration address and place of residence, passport data); data of the defendant (name of the organization, address of legal and actual location, OGRN, TIN of the organization); the essence of the dispute and the requirements for the employer. If you are confident that you are right, but not confident in your ability to assert your rights in court, then it is advisable to contact specialists in the field of labor law, since the costs of a representative, in the event of a dispute resolving in favor of the employee, can be borne by the employer.
