Council 1: How to appeal decisions
Council 1: How to appeal decisions
Each of us sooner or later facesthe need to appeal for decisions. An unlawful decision to impose a fine or any restrictions, for example, the seizure of property, can result from an error or violation of the procedure determined by law. More often than not, we have to appeal against the orders of bailiffs, traffic police, tax inspectorates. There are two ways to appeal decisions.
Instructions
1
Extra-judicial, that is, an appeal to a superiorofficial or body. If prosecution occurs as a result of a mistake or gross violations of the law, such a method will quickly restore the violated right. To do this, you need to write a complaint that contains information about who we complain about and whose actions, what rights are violated. For consideration of the complaint you can be summoned or the complaint will be considered without your participation. Attach a copy of the decision to the complaint. In any case, the period for consideration of the complaint is not more than a month. If there is no answer or if the answer is not satisfactory, you should go to court.
2
Judicially. This method presupposes a more independent trial and holding of court hearings. It must be remembered that the time limit for filing a complaint is only three months from the date of receipt of the decision. Apply to the court at your place of residence or the location of the body that issued the order. In the complaint, indicate the actions of which body are appealed, what rights are violated or illegally assigned duties, pre-trial settlement of the dispute, justification of the illegality of the order. In doing so, write all the arguments that indicate the illegality of the actions. But the court checks compliance with the law when issuing the resolution in full. The body that passed the resolution must prove its legality and validity. Consideration of the complaint occurs within 10 days, but in practice longer periods (this is due to the need to notify the parties and the load of judges). If the court finds illegal the decision, it is subject to cancellation.
Tip 2: How to appeal disciplinary action
Disciplinary recovery - punishment for improper performance by an employeeTheir official duties or violation of labor discipline. In order to appeal disciplinary punishment, an employee must write an application to one of these three authorized bodies: a commission for service disputes, an employment inspection or a court.
Instructions
1
Disciplinary recovery can be appealed on the condition that it wasimposed with a violation of legal deadlines, without a prior request from the employee who committed the violation, an explanatory note or during the temporary disability of the employee. And also provided that the disciplinary recovery for the same violation has already been repeatedly imposed.
2
On the basis of Art. 392 of the RF Labor Code, an order to impose a disciplinary penalty may be appealed within three months from the day when the employee learned of a violation of his right, and on dismissal disputes - within one month from the time the employee received a copy of the dismissal order.
3
If the employee decides to appeal the disciplinary recovery in the labor inspection, then you need to file an application. It specifies the full name of the authority to which it is submitted, information about the applicant and information about the employing organization. When writing the grounds for a complaint, it is better to refer to the articles of the Labor Code of the Russian Federation, which confirm that recovery was imposed illegally. You can ask for the restoration of your rights, checking the legality of imposing a disciplinary penalty, bringing the perpetrators to justice. If the labor inspection or the service dispute commission after the inspection finds that recovery was brought in violation of the law, it will be canceled.
4
The applicant may appeal against disciplinary recovery in the court, if he was not satisfied with the result of workcommission on service disputes and labor inspection. Courts in considering such cases apply paragraph 53 of the Resolution of the Plenum of the Supreme Court of 17.03.2004 No. 2 "On the application of the Labor Code by the courts of the Russian Federation".
5
The employee also has the right to demandemployer compensation for moral damage, which is explained in the provision of Art. 237 of the LC RF. The amount of compensation is determined by the employee himself, but on the condition that the illegality of the employer's actions will be proved by the court.
