Labor activity is often accompanied by conflicts between the employer and the employee. The reasons for the confrontation can be very different. There are both petty nit-picking and outright violation of labor law by the employer. If you are faced with a similar situation, seek help from organizations that can provide effective support and restore your rights.
Necessary
- - labor contract;
- - employment history;
- - documents confirming the fact of violation of the employee's rights;
- - the passport.
Instructions
Step 1
Contact your trade union organization. For a union to be of effective assistance to you, you must be a member. A strong and authoritative trade union committee is able to influence the management of the enterprise and restore the violated rights of the employee.
Step 2
If your business has a labor dispute committee, ask it to consider your complaint about the employer. Such commissions are usually set up in large enterprises; they include representatives of the labor collective and the employer. The main task of the commission is precisely to consider individual labor disputes. Please note that this body does not consider issues related to compensation for damage to the employer.
Step 3
File a complaint with the regional labor inspectorate. Find out which of the employees of the territorial labor inspectorate oversees your enterprise. Make an appointment and state your grievances to the employer in writing. Your complaint will be reviewed within a month. If necessary, the labor inspectorate will ask your employer for clarification. If the fact of violation of the employee's rights is confirmed, the inspectorate will send an order to your place of work demanding that the violations be eliminated. The employer is obliged to report to the labor inspectorate on the fulfillment of the order.
Step 4
Write a statement to the prosecutor's office at the location of your organization. State your claims, pointing out the facts of violation of labor laws, and ask to take action against the employer. After a prosecutor's inspection is carried out against an employer guilty of violating the law, administrative or even criminal measures may be taken.
Step 5
If you have exhausted all means of influencing the employer, file a lawsuit. Reflect the essence of your question in the statement of claim. Attach documents confirming your words to it. This can be an employment contract, a copy of a work book, financial documents, pay slips, and so on. The court will review your application and make an informed decision, which will be binding on the person found guilty of violating the employee's rights.
