How to apply for the employer to court

Many unscrupulous employers forget about the RF Labor code and try to save on social payments to employees who infringe the statutory rights of employees on vacation, sick leave, payments for overtime hours. And in most cases, workers are forced to apply to the court for restoration of violated rights. The decision of the dispute in court can lead to the fact that the relationship between the employee and the employer will deteriorate. Most likely, so be it, but why would you want an employer who thinks only about his well-being, forgetting about the needs of their employees.

How to apply for the employer to court
How to write a letter to the employer
Where to go in case of violation of the labour code
How to write a complaint letter for unpaid wages

Instruction

First of all, you need to know that if your right, as an employee, have violated, do not need to wait long, as the Statute of limitations on labor disputes is only three months, and one month for disputes relating to the dismissal of the employee, so if you have not paid in time wages, then you have three months to get it in court, but if you were fired without explanation, only one month.

Learned about the violation of the law – write a petition and go to court. The law does not oblige you to apply to lawyers or lawyers, so you can write an application to the court, the most important thing to present a controversial situation competently and in detail. The statement of claim on illegal actions of the employer, is submitted to the court at the location of the employer. The lawgiver exempts the worker from payment of state duty for consideration of the labour dispute.

The application should enclose documents confirming circumstances of the dispute, but it can also make the employee independently, the employer must provide the employee all necessary documents relating to the employee and his stay in the company of the employer. In most case, it is sufficient to attach to the claim a copy of employment record, a copy of employment contract and proof of violation of the right, for example, a copy of the order or a certificate 2-pit. The formation of evidence depends entirely on the circumstances of the case, and if necessary, the court will be requested documents relevant to the resolution of the dispute.

If you filed a claim related to the demands of compensation or uncollected funds, then the application should attach a calculation of the claimed reimbursement amount. Payment can be made by you alone, if in the process there is a need to confirm your calculations accounting documents, the court may request the necessary evidence from your employer.

The statement of claim should contain: the name of the court in which the application is submitted; details of the claimant (full name, registration address and place of residence, passport data); the data for the Respondent (name of organization, legal address and actual location, OGRN, INN organizations); the essence of the dispute and requirements of the employer. If you are sure they are right, but not confident in their abilities to defend their rights in court, it is advisable to contact the experts in the field of labor law, as representative costs, in the event the dispute is resolved in favor of the employee, it is possible to assign to the employer.

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