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How to write an application correctly
Russian legislation establishes the same requirements for filing an application with a judicial body, the subject of which is a labor dispute, as for other procedural claims.
It is worth considering in more detail the rules for their design:
- first of all, indicate personal information about the person who submits the application;
- then provide the employer's legal details. In a situation where a claim is filed regarding an employee, first of all, indicate the details of the enterprise, and then information about the employee;
- the next paragraph of the application contains information about the judicial panel where the claim will be considered;
- further indicate the reasons that provoked the appeal;
- then describe the circumstances, the occurrence of which infringes on the rights and interests of the subject of labor relations;
- the document ends with an indication of the requirements that the applicant intends to satisfy through legal proceedings.
Please note! Materials that confirm the fact of infringement of rights are attached to the claim. The application along with a package of evidence is accepted by the court secretary.
Application form to the labor dispute commission
Many people do not know the fundamental principles that must be used when writing a written statement about any act that violates the legislative process in the narrow sphere of a particular enterprise.
These abstracts are used purely for the purpose of correct creation; the form looks like this:
- One of the most important actions is to create and submit an application directly to the commission of your organization in only two versions, the first is a directly handwritten original, as well as a copy of the document of the same name. This is done so that one document remains in the hands of both parties.
- Present the entire significant problem without water, in a purely dry form, so that it is the most business-like text, carrying analytical properties.
- It is also significant that a number of basic documents must be attached; it is different for all situations, however, later a certain number of documentation will be identified for all cases (on average, of course).
Sample:
In the CTS (Commission on Labor Disputes)
From Alexey Akhmetovich Vasyutin, who works as a watchman at the District Center of the organization of the same name
I live at Moskovskaya, 29 “A”
Statement:
I, Alexey Akhmetovich Vasyutin, am currently working as a watchman at a specialized regional center. I appeal to the labor dispute commission in order to resolve the issue of non-payment of wages in the written amount (20,000 rubles) as thoroughly and thoroughly as possible, the general director in every possible way avoids stipulating this type of activity and all responsibility smacks of poor performance on my part. Although this is fundamentally wrong, I carry out my direct duties, always go to work on time and leave according to the schedule written to me personally. Therefore, referring to Article 176 of the Labor Code of the Russian Federation, I wanted to resolve this issue with a full-fledged meeting.
Signed: __________ September 18, 2015
Next, there should be documents already attached in advance; I repeat, they are different for each individual situation.
Grounds for filing a claim
Workers should study in detail the situations in which they need to go to court to protect their interests in a labor dispute. The rights of a citizen to protect his interests and freedoms in court are guaranteed by the Constitution of the Russian Federation. In turn, according to the Labor Code, there is no obligation for participants in labor relations to preliminarily resolve the conflict without going to court.
Taking into account the above legal norms, an employee can file a claim for any infringement of his interests.
These include the following circumstances:
- the need to collect severance pay;
- payment of arrears of wages;
- reinstatement;
- compensation for material and moral damage that arose as a result of injury at work;
- making changes to the work book regarding the wording of dismissal;
- filing a complaint regarding disciplinary action;
- confirmation of the existence of an employment relationship.
Attention! Our qualified lawyers will assist you free of charge and around the clock on any issues. Find out more here.
Claim for recovery of wages
If the employer refuses to pay the employee wages. Then he violates the current legislation, which may threaten him with administrative or criminal liability.
If a manager is brought to criminal liability, he may face:
- A monetary fine.
- Removal from position.
- Deprivation of the right to occupy management and leadership positions for a period established by the court.
- Real imprisonment.
But not only the employee can file a claim against the employer; it is not uncommon for the employer to go to court with a demand for compensation for material damage caused by the employee to the employer as a result of negligence at work.
Before filing a labor law claim, an employee needs to determine the goals of the process. Different situations happen, and the employee needs to decide what exactly he needs to get during the trial and whether it will be possible to continue working at this enterprise after the initiation of the trial. The application may also indicate a requirement to change the date of dismissal by court decision if the employee believes that the date of dismissal does not correspond to the real one.
Proof
Before the trial, the plaintiff must collect materials that confirm the circumstances stated in the application. Oral explanations regarding the subject of the labor dispute must be identical to the filed claim. Otherwise, mistrust arises. This also applies to situations where the discrepancy occurs due to confusion caused by excitement.
Any materials that support the plaintiff’s position are used as evidence. Documented information will be especially useful, with the help of which the court will be able to establish a complete picture of the situation that occurred.
All materials related to the subject of the labor dispute should be collected. In some cases, due to ignorance of legal subtleties, the plaintiff refuses to provide information that, in his opinion, is useless, which could confirm his case.
The evidence is submitted in full; the judicial authority itself will determine the importance of the submitted documents. Sometimes they provide information that covers the reason stated in the other party’s statement.
Features of drawing up an application, general information
If you are faced with the task of writing an application to the labor dispute commission, and you do not know how to do it correctly, we recommend that you carefully read the tips below. Also check out the sample document - based on it you can easily draw up your own form.
To date, there is no single unified application form to the labor dispute commission.
This means that employees of enterprises and organizations have the opportunity to draw it up in free form or, if the commission provides a document template, according to its type.
Regardless of which option is chosen, when writing an application, you need to take into account several general points that are typical for all such papers. In particular, you need to ensure that the structure and content of the form meets certain standard office procedures.
In other words, the statement should be divided into three parts:
- the so-called “header”, where data about the addressee and the applicant is entered;
- main block - a detailed description of the problem with which a person applies to the labor dispute commission;
- the conclusion is a request for resolution of the situation and the signature of the applicant.
The application can be drawn up on an ordinary blank sheet of any convenient format (preferably A4), by hand or typed on a computer - these parameters do not play a role in determining its legitimacy. The only important thing is that it is written without errors or blots, and if any do occur, it is better not to correct them, but to draw up a new form.
Another point that must be taken into account: unreliable or unverified data cannot be included in the application, as they may serve as a reason for sanctions from regulatory authorities.
The application must be confirmed by the “living” signature of the applicant.
An application is drawn up in two identical copies , one of which should be submitted to the commission, and the second, after it has been marked as accepting the copy, should be kept. In the future, this will help to avoid possible troubles if suddenly a question arises about the fact or timing of the transfer of the document to its destination.
Pre-trial procedure
Before filing an application to court, the plaintiff must try to resolve the conflict out of court. As a settlement measure, a claim is sent to the employer indicating the requirement.
The application is drawn up in the amount of 2 pieces, one copy is submitted to the manager, the other with a receipt mark remains with the employee.
Jurisdiction
According to clause 1, part 1, art. 22 Code of Civil Procedure of the Russian Federation and Art. 382, 391 of the Labor Code of the Russian Federation, cases on disputes arising from labor relations are subject to the jurisdiction of courts of general jurisdiction.
If the dispute is related to non-fulfillment or improper fulfillment of the terms of the employment contract, which are of a civil nature (for example, on the provision of living space, on the payment of money to the employee for the purchase of residential premises), then despite the fact that such conditions are included in the content of the labor contract agreements, they are inherently civil obligations of the employer and therefore the jurisdiction of such a dispute (district court or magistrate) should be determined based on the general principles for determining the jurisdiction of cases established by Articles 23-24 of the Code of Civil Procedure of the Russian Federation.
Cases on declaring a strike illegal are within the jurisdiction of the supreme courts of republics, regional, regional courts, courts of the State Federal Law, courts of the autonomous region and autonomous districts (Part 4 of Article 413 of the Labor Code of the Russian Federation).
Deadline for filing a claim
If a plaintiff intends to resolve a labor dispute through litigation, he should not delay filing an application.
The law establishes the following limitation periods:
- 30 days regarding the issue of reinstatement;
- 12 months for repayment of arrears on wages and other financial issues;
- 90 days for other labor disputes.
The period begins from the moment when the applicant became/or should have become aware of the infringement of his interests. If the labor dispute concerns dismissal from work, then the calculation begins from the day the work book is received or the order is read.
Remember! In a situation where the plaintiff missed the deadline to go to court for a serious reason, he must provide documentary evidence of this fact. Otherwise, the claim will not be accepted for consideration.
Since legal proceedings are lengthy processes, you should not delay filing a claim. It is especially important to go to court as early as possible in a situation where the labor dispute concerns financial issues. Delaying a claim in this case can significantly complicate your financial situation.
Can collective disputes be considered at the CCC?
In the process of carrying out work activities, conflict situations may arise between superiors and subordinates, requiring the intervention of authorized structures. At the same time, complaints against the employer are often voiced by a group of employees. This feature allows us to classify such cases as collective. Unlike an individual dispute, a collective dispute affects the interests of several citizens. The types and process of conflict resolution directly depend on its type.
Exceptions include disputes regarding:
- reinstatement of the employee at work regardless of the reason for termination of the contract;
- compensation by the employee for losses associated with material damage caused by him to the employer.
The following complaints are considered in the courts:
- about refusal to apply for a position;
- conflicts that arise between an employee carrying out activities under an agreement with an individual employer.
Court expenses
According to the legal norms of the Labor Code, employees are exempt from paying fees for government services when filing a claim in court regarding a labor dispute. In fact, if the employee has an employment contract, any appeal to the court on the issue of labor relations is carried out free of charge.
The only exception that requires payment of a state fee is the filing of a supervisory or cassation appeal, regardless of the decision of the primary court.
If the employee’s claim is satisfied, he may demand that the defendant be obligated to pay legal costs. Therefore, if you are confident in a positive court decision, it is better to contact a competent lawyer. The costs of winning are paid by the defendant.
