Advice 1: How to prove a verbal agreement

The laws of the Russian Federation in some cases are legally binding not only written and oral agreements. But in the absence of a written agreement you will need to prove the fact of conclusion of the contract.
How to prove a verbal agreement
Instruction
1
Find out if you had the right to enter into an oral contract in a particular situation. By law, this form of agreement acceptable between individuals, if the transaction amount does not exceed ten times the minimum wage (SMIC). If the transaction did not meet the specified conditions, the chances of confirmation of the concluded agreement in court is small. In this case, try to obtain from the second party to the agreement on the confirmation of your mutual commitments in writing.
2
If you are unable to resolve the issue through negotiations, prepare evidence of the transaction. They can serve as a receipt for the money. They must be the personal signature of the parties to the transaction. Also seek out witnesses, ready to confirm the fact of agreement. Additionally attach to the case record, supporting your version. Note, however, that the court may not accept this type of evidence if the recording was done without the knowledge of one of the parties to the Treaty.
3
Make a claim in court. This will be able to help a qualified lawyer. At the first stage you should go to the grassroots judicial authority - the district or magistrate's court. In the document, specify your requirements and the articles of the law on the basis of which you can to present them. Attach to the claim a list of collected evidence.
4
Register your claim in court. After that, you a registered letter will inform about the date of the scheduled meeting. Report to him with a lawyer and present arguments in support of its case.
Useful advice
Try in the future, in all ambiguous situations, even if the giving of valuable gifts to relatives, to enter into a simple written contracts. Such a document need not be notarized, but it can protect you from unjustified claims of third parties.

Advice 2: How to prove impecunious on receipt

The IOU is equal to the loan agreement and is subject to strict execution (article 808, civil code). If you return the amount of occupied nothing, or the receipt was written, but the money funds have not been transferred, all disputes are resolved exclusively in the courts.
How to prove impecunious on receipt
You will need
  • - an application to the court;
  • - IOU and photocopy;
  • package evidence.
Instruction
1
The Statute of limitations on the debt obligation is three years. During this period, the borrower or the lender have the right to file a statement of claim in arbitration court or court of General jurisdiction with a claim that will prosecute.
2
If you have taken the funds, you were transferred, you must strictly comply with all the terms and conditions mentioned in the receipt. If you are unable to timely repay the debt, contact your lender and try to agree on extending the term of the loan. Most often, the negotiations lead to a positive result, and to go to court there is no need.
3
If you are unable to come to mutual agreement and to repay the debt is required immediately, contact a lawsuit in court. Attach to the application original and photocopies of the debt receipts, the package of documentary evidence that you are not able to repay the debt. This can be a help with the employment service where you are registered because of a job loss, a certificate attesting to a long illness that was the cause of your lack of money, etc.
4
The court will consider the application, submitted the documents and render a decision on the basis of which you legally will be able to repay the debt on the receipt, in a longer period of time.
5
Debt restructuring can be issued for 5 years. But if you are not able to repay the borrowed funds during this period, your lender has the right to demand to recover the debt by enforcement. Your property will describe the bailiffs, and the proceeds will contribute to the repayment of the debt.
6
If you wrote a receipt and handed it to the lender, but cash is not received, refer the application to the court. As evidence of your lack of money on the receipt use the testimony of witnesses.
7
Often there are a situation that witnesses the transfer of receipts was not. In this case, you will receive a permit to hold a record with the lender, which he will not know. Yourself use any kinds of recording devices Russian law allows only in exceptional cases. Such records are accepted for judicial review only after the identification procedure.
8
A recording of the conversation about what cash you do not receive, shall be a sufficient proof of this.

Advice 3: How to prove the experience in court

In the design of labour pension it is necessary to document experience. To do this simply if you have a work book with all the records, but if the basic document confirming seniority, lost, archival documents cannot be obtained, experience can be proven in court.
How to prove the experience in court
You will need
  • - the statement;
  • - the documents confirming the experience;
  • the testimony of the witnesses.
Instruction
1
Personalized account began operating in 1996. This year, all the premiums accrued in the Pension Fund, are recorded, so confirming the experience to the loss of documents is not necessary. Territorial office of the Pension Fund of the Russian Federation has all the information for each period of employment if the employer deducted from the wages of the insured person the pension contributions.
2
If employment history is lost and it is necessary to confirm work experience prior to 1996, you will have to file a claim in court. In addition to the application please attach documentary evidence to confirm that you worked at a particular company in a certain period of time.
3
To prove the possible experience certificates from the archive that the Pension Fund takes into consideration, but if historical data is not preserved due to fire, flood, other natural disasters or careless storage of documents, to help to confirm the experience, is simply impossible.
4
At the conclusion of the employment contract second copy remains with the employee. If you have kept your copy, it will be strong evidence to confirm the period of work for a particular enterprise. In addition, you can submit any documentary evidence that will confirm your employment. This can be a Bank document confirming the transfer of wages, extracts from orders, membership books, agreements, specifications, statements of payroll, Union tickets.
5
Military service, caring for children with disabilities, for close relatives who are disabled of the 1st group, and elderly parents to 80 years are also included in the seniority when calculating pensions. To confirm military service get help in the military Commissariat. To confirm the experience for the care of such persons, submit the medical report of the medical institution.
6
The court takes into account the testimony of witnesses who can confirm the work periods. Invite to court two or more co-workers willing to testify about your performance on a particular enterprise in a certain period of time.
7
On the basis of a court order, the territorial office of the Pension Fund of the Russian Federation will deliver all of proven work experience.

Advice 4: How to prove the transfer of money

Trusting each other, citizens or legal entities often borrow a friend or a friend a decent amount of money, no making out in writing their agreement. Someone using a trust, does not return the debt or delaying the transfer of money. And it so happens that one side is tragically killed, and to prove the transfer of money even more difficult. How not to get trapped and make a deal so that was proof? Care, caution and awareness become your security Deposit.
How to prove the transfer of money
Instruction
1
Enter into a written contract when they borrow money. Please carefully write all the details. In addition to basic data about the both sides, the amount of the loan, repayment term and interest on a loan, the payment method list in case of force majeure. Loan – a contract relationship with the obligations, when one party (the lender) transfers the property to another party (Borrower) money or goods, with generic characteristics (volume, number, measure), and after a fixed period, the lender is obligated to return an equal amount of money or equivalent goods. In article 808 of the Civil Code says that a loan agreement must be concluded between citizens in writing when the loan amount more than ten times the minimum wage. If both parties are legal entities, regardless of the amount, the transaction is recorded in writing.
Though the law and not required, but the contract can be notarized. So you can further protect yourself. Oral loan agreement between physical persons, sufficient to appeal to the court is possible only if the transferred amount of money is less than 10 minimum wages.
2
Take the receipt to the person when you pass him the money. The loan agreement will be considered concluded and will become effective only when there is the fact that the transfer of funds. And if the transfer of money never recorded, then the contract will be recognized by the court as null and void (article 812 of the Civil Code). You can challenge such an agreement of lack of money. For evidence of transfer of money receipt is more important than the contract. In the paper specify the loan amount, repayment period, passport data of both parties. Determine the interest for using this sum of money and specify term of return of percent. The receipt must be handwritten signature of the two parties and the date when transferred money. When the document use the phrase "really got money", "gave money". The words "shall return", "committed to give" can't prove the incident.
3
When you return the debt to prove the transfer of money, fix this action in writing. The court's confirmation of the refund of money can only serve as written evidence. Oral evidence and also the testimony of witnesses on the debt is not enough. Now the lender writes the receipt for the money and puts his signature. In this case make out a receipt in duplicate. The borrower is a single instance leaves himself as proof that he had returned the money. In case of return of the entire amount of entirely allowed simply to destroy the first receipt, which recorded the transfer of money to the borrower.
4
In addition to receipts to confirm the existence of the loan agreement, you can any document recording the transfer of funds. It may be an act of transfer and acceptance of money, receipt, receipt-cash warrant or other document.

Advice 5: What to pay attention to when signing the employment contract

When applying for a job many people do not pay much attention to the "paper" issues, considering them merely a formality. But if there is disagreement with the employer the labor contract will help to understand.

What to pay attention to when signing the employment contract

Employment contract



The main condition for employment is the employment contract which is an agreement concluded between the employer and employee and defines their rights and responsibilities. Ideally, the document is signed in two copies not later than three days from the start of work. The employment contract plays a very important role in solving labor disputes. To do this, it needs to be made correctly. Sometimes employers refuse to provide papers, in this case, it is necessary to require an explanation of the reasons for the refusal, and in written form. This will show you how versed in the Labor Code of the person, and may give you a chance to get the desired document. There is one thing: you can lose this one. But no guarantees can end very badly. Obliged to conclude a contract with you even if you are not registered by place of residence, invited to work by a written translation from another job. Also should not be a hindrance to the conclusion of the contract pregnancy or presence of children.


What to pay attention



The bulk of potential employees very carefully refers to the document defining internal regulations, as well as papers describing their duties. People listen to oral explanations and promises instead to learn the true state of Affairs described in the paper. Discrepancies should alert you. If you find no clear information for you, we will immediately discuss it with the employer, if necessary, changing the wrong terms. Pay close attention to all wording, find out everything essential to the moment, as your signature will be delivered.


Please note the house rules. These papers should also include the start time and the end of the day, the number of output rules work dress code. If you and your employer verbally entered into a contract, for example, on the free schedule of work, it is better to reflect in the contract. It happens that the future employee is asked to sign a confidentiality agreement to commercial or professional secrecy, in this case, it is desirable to clarify what is meant by secret information.


Mandatory labor contract settlements



The employment agreement must be prescribed by your surname, name and patronymic, passport data, the name of the company was the employer and information on the Manager authorised to sign documents. Also, these documents should reflect the state of your future workplace. Important clarification of the name, your title, and your duties should be described in any detail.


The most important question, reflected in the employment contract is money. The papers should reflect the full amount of your salary. Otherwise, you may have problems with sickness, maternity leave and benefit in case of reduction, and prove something is impossible. In addition to salary, the contract shall include all premiums, bonuses and allowances, specifying the conditions under which they will get paid. The contract also should be clearly indicated the duration of the probationary period, differently there can be problems with an increase in salary after approval by the office. Normally, probationary periods are 3-6 months. Don't forget, if you are given training by the company, specify in writing all terms and conditions.
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