Tip 1: Where to complain to the employer
Tip 1: Where to complain to the employer
The practice of considering labor disputes shows,that the majority of conflicts between the employee and the employer are related to the violation of the legal rights of the personnel. Most often there is a refusal to conclude an employment contract, violation of the terms and rules of payment of wages, lack of payment for processing and overtime. Where can I complain about violation of rights by the employer?
You will need
- - passport;
- - a copy of the work book;
- - a copy of the employment contract;
- - documents proving the fact of violation of labor rights.
Instructions
1
Find out if your organization orenterprise labor dispute commission. Such body is usually created from representatives of the employer and the work collective. Submit your question to the commission. The competence of this body includes the settlement of individual labor disputes. The exception is the issues related to compensation for damage to the employer, disputes about reinstatement at work and refusal to hire.
2
Please file a complaint with the territorial officelabor inspection. This institution oversees compliance with labor laws and performs a number of control functions in this area. Write your claims to the employer in writing, indicating specific facts of violations and enclosing supporting documents. Within a month your complaint will be considered, and following the results of the check, the employer will receive a written order demanding to eliminate the violations.
3
Write an application to the prosecutor's office at the placefinding your company or organization. Report the fact of violation of your labor rights and ask to conduct a prosecutor's check to bring the guilty person to justice and restore the violated rights. Such a statement can be sent to the prosecutor's office by mail or transferred to the office. Depending on the type of violation, the employer can be brought not only to administrative but also to criminal liability.
4
Consider the possibility of resolving the issue injudicial procedure. For example, if the essence of your claim is that the employer does not pay you wages within three months, you have the right to apply to the judicial authority with a statement of claim. As supporting documents, submit a copy of the employment contract and work record book, copies of orders and orders of the employer, payment slips for the period preceding the violation. The claim can be filed both at the place of residence of the plaintiff and at the location of the defendant. The state duty is not subject to consideration of cases on labor disputes.
Tip 2: Where can I complain about the employer
Labor activity is often accompanied byconflicts between the employer and the employee. The reasons for the confrontation can be very different. There are both petty quibbles, and frank violation of the employer's labor law. If you encounter a similar situation, ask for help from an organization that can provide effective support and reinstate your rights.
You will need
- - employment contract;
- - employment history;
- - documents confirming the fact of violation of the rights of the employee;
- - passport.
Instructions
1
Contact your union organizationEnterprise. That the trade union could render you the effective help, you should be its member. A strong and authoritative trade union committee can influence the management of an enterprise and restore the violated rights of an employee.
2
If the company has a commission on labordisputes, ask her to consider your complaint about the actions of the employer. Such commissions are usually created at 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.
3
Write a complaint to the regional laborinspection. Find out which of the employees of the territorial labor inspectorate is in charge of your enterprise. Make an appointment and state your claims to the employer in writing. Your complaint will be processed within a month. If necessary, the labor inspection will ask your employer for an explanation. If the fact of violation of the employee's rights is confirmed, the inspection will send a warrant to the place of your work demanding to eliminate the violations. The employer is obliged to report to the labor inspectorate on the fulfillment of the order.
4
Write an application to the prosecutor's office at the placeFinding your organization. Outline your complaints, pointing out the facts of violation of labor laws, and ask to take measures to the employer. After the prosecutor's inspection, the employer guilty of violating the law may take administrative or even criminal measures.
5
If you have exhausted all means of influence onemployer, file a claim with the court. Reflect in the statement of claim the essence of your question. Attach to him documents confirming your words. This may be an employment contract, a copy of the work record book, financial documents, payroll sheets and so on. The court will review your application and make an informed decision that will be binding on the person found guilty of violating the rights of the employee.
