First you need to properly arrange the upper part of the application. Specify the name of the court in which you sue and its territorial affiliation. Write your surname, name and patronymic) in the line "the plaintiff". Specify your address. You need to specify the place of registration. Enter the defendant, i.e. the company that must pay you compensation. Specify the legal address of the organization.
The very statement is also populated by established standards. Need to re-specify your initials completely. Write the name of the enterprise in which you worked and indicate the date of receipt there of. you also need to specify position. Specify the number of the order of dismissal and the date of its publication. Write an article of the Labour Code under which you were dismissed. You need to write the amount of compensation that you have not paid and the period unused vacation. in this line you must write the year and the number of holiday days. Specify the date when the administration refused your payment and reasons explaining the decision. And also list the documents confirming the refusal. Specify the actions that you consider inappropriate and the reasons for such opinion. You also need to list the evidence proving the illegality of the actions of the former employer. It could be a written refusal to pay you compensation.
After all the above you need to fill out a request to the court for compensation compensation. Write the amount you need to. List of possible witnesses and their addresses. Specify the address where the court can request documents on your case.
The application should enclose the following documents: a copy of the application documents on the alleged release and waiver of compensation, decision of Commission on labour disputes (if present on the enterprise).
When processes flowing from the employment relationship, the employee is exempt from paying court costs and state fees.
If you are retiring, but want to get compensation for unused leave, you must write an application addressed to the head of the organization with a request to pay you money for each day. The law cannot be replaced by money vacation days for pregnant women and people whose age has not reached 18 years of age.
Advice 2 : How to write a statement about compensation for unused vacation
Each employee of the organization on regular annual basic paid vacation. But not always people have time to expire on the date of maturity. In accordance with article 126 of the Labour Code of the Russian Federation specialist has the right to be compensated for your vacation in cash. It should write the corresponding statement to the employer.
You will need
- - the application form about payment of unused vacation;
- - documents of the enterprise;
- - documents of the employee;
- - The Labour Code Of The Russian Federation;
- - Vacation schedule;
- - personal card of the employee.
Statement of compensation for the leave allowed to write in any form. In the upper left corner of the A4 sheet, specify the position of the head of the company, his name and initials in the dative case. Enter the name of the organization where you work. Write your personal data in accordance with passport, driving license or military card in the genitive case. Enter the name of your job title in accordance with the current in your company staffing.
The content of the statement you should present your request that you are paid the compensation due you for unused vacation. Specify the number of calendar days for which you wish to receive a cash allowance instead of time off next holiday.
The number of days of unused vacation you will be able to find out by contacting the personnel service of the enterprise, where workers make a mark in your personal card.
Put down in your written statement, a personal signature and date of writing. Director of the company must endorse it in the left side. The employer is not entitled to refuse compensation if it is not against the law.
Be aware that the employer has the right to pay you compensation for annual leave in excess of twenty-eight calendar days, and any number of them.
The employer will not be able to pay compensation in that case, if you belong to such categories as a pregnant woman an employee who has not reached adulthood, the employee, the worker under special conditions that imply harm or danger. The exception is the dismissal of an employee. Compensation is paid regardless of the employee category.
The amount of compensation for unused vacation depends not only on the number of days, but also left you in holiday at own expense, truant, had worked in connection with downtime your fault. Such periods accountant has not taken into account. When calculating compensation in a total amount includes only those periods when you were actually present at the workplace and perform their duties.
Advice 3 : How to write an application for compensation
Often in companies, the employees want instead of leave to monetary compensation relying for the entire stay or part of it. This written statementaddressed to the employer. The latter is not entitled to refuse the expert, with the exception of cases prescribed in article 126 of the labour code, which States the category of workers who leave is granted in a specific order.
You will need
- - application form;
- - documents of the enterprise;
- - vacation schedule.
Application for compensation for unused annual leave is made in any form. Typically, businesses has a form of such a document. In the upper left corner, write the name of the organization where you performed duties. Enter the name, initials and the position of Director of the company.
Fill in your personal data name position for which you are performing work functions. In the middle in small letters write the title of the document.
In the informative part of the application for compensation , write your request to pay you money for the unused days of annual leave. Write the number of days for which you wish to receive money instead of relying travelers. You have the right to know the number of days of unused time off to the personnel Department or another employee responsible for scheduling vacations.
Sign a statement. Specify the date of the document. Send the document for consideration to the Director. Head dimensions resolution in the graph matching. Note that the employer may refuse to grant you monetary compensation for unused vacation days only if you belong to the category of pregnant women, minors, employees or professional in hazardous (harmful) working conditions. In other cases, you are entitled to receive a monetary allowance instead of vacation.
After certification of the application for compensation is issued a cash amount for the unused days of vacation. The amount of compensation depends not only on how many vacation days expected, but also on how many days you take as leave without pay. In the calculation of accounting takes those periods that you actually performed their duties as prescribed in the contract.