In judicial practice, there are often cases in the course of which it is necessary to prove the existence of an employment relationship. The fact of work in such cases can significantly change the essence of the process and, accordingly, the decision made.
Necessary
- - a copy of the work book;
- - labor contract;
- - the passport.
Instructions
Step 1
Initially, when submitting an application, please note that the statute of limitations for such proceedings is five months. After this time, a claim will have to be filed within the framework of special proceedings, which further complicates the process and significantly increases the time for making a final decision.
Step 2
The fact of work can be proved using the record of the personnel department in the work book. Since it is forbidden to hand it over during the performance of official duties, an employee can request a copy, which must be certified, and the absence of a dismissal record is the basis for considering a person to be working to the present. The copy is valid for one day.
Step 3
Also, the proof is an employment contract signed by both parties and sealed "alive", i.e. real (not photocopied) seals.
Step 4
Undoubted proof is an extract on the presence and amount of personal income tax deducted by the company to the pension fund, of course, if the payments were transferred by the organization.
Step 5
In the absence of this necessary documentary base, the fact of labor relations must be confirmed by any documents, for example, various directions (medical commission, etc.), papers on which there is a personal signature (time log), as well as any information about intra-organizational orders and instructions that could only become available through direct work with them.
Step 6
It will not be superfluous to obtain testimony from colleagues or clients of the company, and they must be ready to confirm their words at a court hearing.
Step 7
Also, official statements from the operator of your own cellular company about mobile connections with the employer, firm, clients or other persons, calls to whom prove work in the firm, will help.
