Such a statement would have to be in two cases: if at dismissal the employer has not paid you wages or has paid not in full and when the employment relationship continues, but wages are delayed or not paid. Unpaid wages in a period exceeding three months, already qualifies the labour code as a criminal offense and it provides for appropriate punishment.
Taking the decision to apply to law enforcement bodies (police, court or Prosecutor's office) please note that claims for individual labor disputes do have a special Statute of limitations. It is three months that passed since the day when the employee became aware of the violation of his rights.
A claim for unpaid wages must meet the requirements for adversary proceedings. You must fully specify the parties to an employment dispute: his surname, name and patronymic, passport details and registration address, and full name of employer, address of its legal registration.
Specify in the statement the amount of time your wages were delayed by the employer, and allow calculation of the total amount of the debt formed during this period. In the amount claimed you can also include the amount of the caused moral damage. Your requirements stated in the Declaration, confirm the relevant legal provisions.
At the end of the text of the statement give a list attached to it documents that serve as proof of the facts stated in it.
Keep in mind that in any court you can get a free consultation on any employment issue and help in making a claim. In addition, you as a worker applying to the court in a labor dispute, shall be exempt from payment of state fees and any other court costs.
Advice 2 : How to write a letter to the employer
In the case of an employer's violation of the terms of employment or collective agreement, the employee has the right to seek protection by the labour Inspectorate, Prosecutor's office or court. You can do it consistently or send his / her statement simultaneously to all these three instances. In all these cases, you'll need to write a statement on the employer , and the use of a single form.
At the first sign of bad faith of the employer take care of the evidence base. Ask the personnel Department to make a copy of the work book, which has a record of receiving you on this venture. For this, you can use this excuse as a loan. You will also need your copy of the employment contract, a copy of the order on hiring you, the agreement on material responsibility (if he was signed) and a copy of the collective agreement.
Requirements for the design and content of the statement of claim set out in article 131 of the Civil procedure code of the Russian Federation. The statement is direct in office of public Prosecutor of the district where the office of your company in the court of General jurisdiction or the magistrate.
At the top right of the address. write the name of the organisation (Prosecutor, court) and the district to which it relates. If a statement in the name of the magistrate, indicate the position, surname and initials. Then put the word "plaintiff," and write your surname, initials. After the words: "defendant:" specify the name of the organization, its address.
Write the title in the middle of the line: "the Claim is a statement about ..." and specify a legal precedent: "the recovery of wages, reinstatement" and so forth.
The text of the statement first, please state your case, tell us in what capacity and how long you work at this company, what work is done. Then go to the summary of facts, violates your rights. Present them in sequence with reference to the specific amount of the deduction or non-payment, the documents that formed the basis for the violation of labor or collective agreement. It can be orders and directives of management. Immediately specify what their illegality with reference to specific articles of the laws.
In conclusion, refer to article of the Labour code, which, in your opinion, apply, and present their demands, including in monetary terms.
Under the text write "App:" and list the attached documents, assigning each a sequence number. When listing specify number of copies and sheets in each document. As application you will need: certificate of tariff rate or a designated salary and your average earnings, calculating the claim a written statement of the amount, a copy of the decision of the Commission on labour disputes from your company, an excerpt from the regulations on bonuses or the collective agreement, a copy of the claim.
Put a painting, give her transcript. Specify the date of the application.