In case of illegal dismissal, non-payment of remuneration, the employee has the right to sue the employer. For this, a statement of claim is drawn up. It is transferred to the district court. Labor disputes are regulated by the Labor Code of the Russian Federation and can be resolved only if there is evidence of violation of the employee's rights.
Necessary
- - the passport;
- - form of the statement of claim;
- - details of the court;
- - details of the employer;
- - documentary evidence.
Instructions
Step 1
Before writing a statement of claim against the employer, check the statute of limitations for the violation of your rights. Please note that you have the right to sue in case of illegal dismissal within a month from the date of termination of the employment contract with you. In case of non-payment of wages and other situations, the limitation period is three months.
Step 2
In the "head" of the application, write the name of the judicial authority, its address of location. Please note that labor disputes are heard by the district courts of first instance.
Step 3
Indicate your personal data, registration address, including zip code, contact phone number. Write the full name of the company you are filing a claim against. Enter the legal address of the company. Please note that the respondent in this case is not the general director of the organization, but the enterprise as a whole. When performing a labor function in a branch, separate subdivision, be sure to write their names.
Step 4
In the substantive part of the application, clearly write down the facts that prompted you to file a claim against the employer. For example: “I worked at Pilot LLC as an accountant. I learned that the employment contract was terminated on February 15, 2012. She did not write a letter of resignation of her own free will. The employer does not return the work book to me”. In this case, the illegally dismissed specialist needs to write a statement of claim before 2012-15-03, since the limitation period is one month.
Step 5
Now write what you want to receive as a result of the trial. For example: "Reinstatement in office, receiving compensation for forced absenteeism, for moral damage."
Step 6
Sign the application, indicating the date of its writing, your personal data. Attach documentary evidence. This can be a copy of the termination order and other documents of the employer. If you wish to receive material compensation, please provide the calculations for the days of forced absence. If this is not possible, the judicial authorities themselves have the right to request documents from the company where you worked.
Step 7
Send the statement of claim with evidence by mail with a return receipt to the address of the court or bring it in person to the judicial authority, marking the acceptance of your claim.
