The applicant was accepted for the position of sales consultant in the organization. The applicant was fired own will. However, until now, the applicant has not been paid wages and has not been issued a work book. The applicant asks to consider this complaint on the merits. Restore the violated rights of the applicant and hold the perpetrators accountable.

To the State Labor Inspectorate
G. _________,
address: ______________________

____________________________
address: ______________________

A COMPLAINT
On ___________, I, ___________, was hired as a sales assistant in the spare parts department of ________ LLC, which was recorded in the work book, and is confirmed by an employment contract dated _________, with an official salary of _________ rubles.
After the conclusion of the employment contract, official duties I did it in good faith. For the entire period of the implementation of their labor duties, any comments on the work and disciplinary action did not have. Nevertheless, my rights were violated by the employer.
So, by order of ________, I was dismissed of my own free will. However, until now, I have not been paid wages and have not been issued a work book.
According to Article 140 Labor Code RF, upon termination of the employment contract, payment of all amounts due to the employee from the employer is made on the day the employee is dismissed. If the employee did not work on the day of dismissal, then the corresponding amounts must be paid no later than the next day after the dismissed employee submits a request for payment.
In accordance with Art. 140 of the Labor Code of the Russian Federation, on the day of dismissal, your company must pay all the amounts due to me from the employer, including wage arrears.
To date, salary arrears for ___________ years is __________ rubles.
To repeated requests for payment of debts during my work, the employer receives rude answers, which can be considered as an unreasonable refusal to pay the money due to me.
I believe that the actions of ________ LLC are aimed at violating my rights guaranteed by Art. 21 of the Labor Code of the Russian Federation, and for failure to comply with the law assigned to you, Art. 22 of the Labor Code of the Russian Federation, duties.

So, in accordance with Art. 21 of the Labor Code of the Russian Federation, an employee has the right to:

conclusion, amendment and termination of an employment contract in the manner and on the terms established by the Labor Code, other federal laws;
timely and in full payment of wages in accordance with their qualifications, complexity of work, quantity and quality of work performed;
full reliable information about working conditions and labor protection requirements at the workplace;
protection of their labor rights, freedoms and legitimate interests by all means not prohibited by law;
resolution of individual and collective labor disputes, including the right to strike, in accordance with the procedure established by the Labor Code and other federal laws;
compensation for harm caused to him in connection with the performance of labor duties, and compensation for moral damage in the manner prescribed by the Labor Code, other federal laws.
In turn, in accordance with Art. 22 of the Labor Code of the Russian Federation, the employer is obliged:
comply with labor legislation and other regulatory legal acts containing labor law norms, local regulations, terms of the collective agreement, agreements and employment contracts;
provide workers with equal pay for work of equal value;
pay the full amount due to employees wages within the time limits established in accordance with the Labor Code, the collective agreement, the rules of internal work schedule, employment contracts;
compensate for harm caused to employees in connection with the performance of their labor duties, as well as compensate for moral damage in the manner and on the conditions established by the Labor Code, other federal laws and other regulatory legal acts Russian Federation;
perform other duties stipulated by labor legislation and other regulatory legal acts containing labor law norms, a collective agreement, agreements, local regulations and labor contracts.
I want to note that the legislation provides for liability for violation by the employer of the rights of the employee.
According to Art. 142 of the Labor Code of the Russian Federation, the employer and (or) the representatives of the employer authorized by him in the prescribed manner, who have allowed a delay in the payment of wages to employees and other violations of wages, are liable in accordance with the Labor Code and other federal laws.
In accordance with Art. 236 of the Labor Code of the Russian Federation in case of violation by the employer due date payment of wages, vacation pay, payments upon dismissal and other payments due to the employee, the employer is obliged to pay them with the payment of interest (monetary compensation) in the amount of not less than one three hundredth of the current refinancing rate of the Central Bank of the Russian Federation from the amounts not paid on time for each day of delay starting from the next day after the due date of payment up to and including the day of actual settlement. The amount of monetary compensation paid to an employee may be increased by a collective agreement or an employment contract. The obligation to pay the specified monetary compensation arises regardless of the fault of the employer.
According to part 1 of Art. 145.1 of the Criminal Code of the Russian Federation non-payment of more than two months of wages, pensions, scholarships, allowances and other statutory payments made by the head of an organization, by an employer - an individual out of mercenary or other personal interest - certain activities for up to five years, or imprisonment for up to two years.
In accordance with Art. 362 of the Labor Code of the Russian Federation, heads and other officials of organizations, as well as employers - individuals guilty of violating labor legislation and other regulatory legal acts containing labor law norms, are liable in cases and in the manner established by the Labor Code and other federal laws.
In accordance with Art. 419 of the Labor Code of the Russian Federation, persons guilty of violating labor legislation and other acts containing labor law norms are subject to disciplinary and material liability in the manner established by the Labor Code and other federal laws, and are also subject to civil, administrative and criminal liability in the manner established by federal laws.
In accordance with Article 352 of the Labor Code of the Russian Federation, one of the main ways to protect the labor rights and legitimate interests of employees is state supervision and monitoring compliance with labor laws.
According to Article 353 of the Labor Code of the Russian Federation, state supervision and control over compliance with labor legislation and other regulatory legal acts containing labor law norms in all organizations on the territory of the Russian Federation is carried out by the bodies of the federal labor inspectorate.
State supervision over compliance with the rules for the safe conduct of work in certain industries and at some industrial facilities, along with the bodies of the federal labor inspectorate, is carried out by the federal executive authorities for supervision in the established field of activity.
In accordance with Article 356 of the Labor Code of the Russian Federation, in accordance with the tasks assigned to them, the bodies of the federal labor inspectorate exercise the following main powers:
carry out state supervision and control over compliance in organizations with labor legislation and other regulatory legal acts containing labor law norms, through inspections, examinations, issuance of mandatory orders to eliminate violations, and bringing the perpetrators to justice in accordance with federal law;
receive and consider applications, letters, complaints and other appeals of employees about violations of their labor rights, take measures to eliminate the identified violations and restore violated rights.
Based on the foregoing, guided by the legislation of the Russian Federation, in particular Article.Article. 21, 22, 140, 142, 234, 236, 237, 362, 419 of the Labor Code of the Russian Federation, art. 151, 1099-1101 Civil Code RF, Part 1, Art. 145.1 of the Criminal Code of the Russian Federation,

1. Consider this complaint on the merits.
2. Based on the facts indicated by me, check LLC “__________” (legal address: _____________________________; actual address: _________________________________ CEO– ___________), restore my violated rights and hold the perpetrators accountable.
3. Respond to this complaint as soon as possible.

Applications:
1. Copy of claim
2. Copy of the employment contract

" " ________________G. ___________/_____________/

Cases where employees complain to labor inspection on various problems related to work, are not so rare. The law is almost always on the side of employees whose rights have been infringed by the employer.

FILES
Download blank form Download filling pattern complaints to the labor inspectorate.doc

There are many reasons for writing statements to the labor inspectorate.

1. Often there are cases of violations related to various kinds of payments: wages, vacation pay, sick leave, settlement, etc.
2. It happens that employers deprive an employee of vacation or force him to go to work on weekends and holidays without providing any compensation in return, let alone overtime pay.
3. Sometimes employers violate the regime of work and rest, safety rules at work, exceed the established duration of work shifts, etc. - all this also becomes a reason for a complaint to the labor inspectorate.
4. Appeal to the inspection and unfairly dismissed employees with demands to reinstate them in their positions.

The document is written to the address of the local territorial labor inspectorate (its branches operate in all major cities and towns).

The deadline for filing a complaint is three months from the date of the labor dispute.

After that, the complaint will not be accepted for consideration and the employee will have only one way - to restore justice, sue the company.

It should be noted that a complaint can be filed both during the period of work at the enterprise, and after dismissal.

The legislator clearly regulates the period for consideration of such applications. In most cases, it does not exceed thirty days, but sometimes for some reason (reasonable) it can be extended, but also for a period not exceeding one month.

The Labor Inspectorate is a state body that is called upon to sort out difficult situations that have developed in relations between an employee and an employer, therefore, like any other state structure, it does not accept anonymous complaints.

To maintain confidentiality, a clause can be directly included in the complaint with a request that information about the complainant not reach the employer.

In addition, it must contain the contact details of the applicant, his address and telephone number for feedback.

By law, labor inspectorate specialists must take the necessary measures to resolve the conflict and, based on the results of the proceedings, send a response to the complainant.

Writing a complaint does not guarantee that it will be satisfied in full, perhaps partial satisfaction, or even refusal, but in any case, the decision must be made strictly in accordance with the current legislation of the Russian Federation. In the process of considering the complaint, the lawyers of the labor inspectorate (namely, these specialists are directly involved in the investigation of labor disputes) will contact the employer with a request to provide them with all the necessary information for the proceedings. Then, if violations are detected in any part, the employer will be issued a requirement to eliminate them, as well as penalties will be imposed.

If the applicant does not agree with the decision of the territorial labor inspectorate, he has the right to appeal it to a higher authority (for example, by writing a statement to the chief labor inspector of the Russian Federation) or in court.

There is no statutory unified sample of a complaint, so the employee can write it in any form. However, it is necessary to adhere to certain standards for writing such documents, namely:

• indicate the addressee, i.e. name and number of the labor inspectorate,
• own personal data (position, surname, name, patronymic),
• the essence of the problem in as much detail as possible.

If there are problems with filing a complaint, you can seek help from an independent lawyer (but this service is paid), or you can use the advice of a labor inspectorate employee.

When drawing up an application, you must refer to the violated norms of the law (it is advisable to indicate specific articles), as well as add a list of attached documents to it.

The writing of a complaint should be treated very carefully, since it has the status of a legally significant document and can later serve when applying to the court.

All information contained in it must be reliable, make mistakes, and even more so, it is impossible to include deliberately false information in the document. Otherwise, if such facts are revealed, the employee may suffer a well-deserved punishment (for example, for slander).

The document can

• write by hand (directly at the labor inspectorate),
• print on a computer (at home, in advance).

Regardless of which option is chosen,

• personally sign it
• and put down the date of writing (it must correspond directly to the day of circulation).

Complain better in duplicate, both need to be endorsed by the receiving specialist, and then one should be transferred to the inspection, and the second should be kept for yourself.

The document can be sent personally from hand to hand to a labor inspectorate specialist, or you can forward via Russian Post. In this case, the complaint must be sent by registered mail with notification of delivery, however, we must not forget that this method is quite time-consuming. To date, the third way has become widespread: filing a complaint through electronic means connections.

Complaint for the recovery of compensation for the delay in the work book. The delay in issuing a work book upon dismissal is a violation of the law. In this case, it is necessary to apply to the court with an application for the recovery of wages in connection with the delay in issuing a work book. The delay in issuing a work book is a violation of Article 62 of the Labor Code of the Russian Federation, and on the basis of Art. 234 of the Labor Code of the Russian Federation, the employer does not allow you to work legally. As a result, on the basis of Art. 234 of the Labor Code of the Russian Federation, the employer is obliged to compensate for unreceived earnings in all cases of illegal deprivation of the opportunity to work. In my case, when they simply dynamized me with the issuance of a work book and did not make the final payment, I simply went to court with a claim for the recovery of wages and moral damage. We discussed earlier how to prove non-pecuniary damage.

If at that time I had paid attention to Article 234 of the Labor Code of the Russian Federation, I would certainly have asked the court to recover the unearned earnings.

Upon dismissal of an employee (termination of an employment contract), all entries made in his work book for the time of work with this employer, are certified by the signature of the employer or the person responsible for maintaining work books, the seal of the employer and the signature of the employee himself. If the work book was filled out in the state language of the Russian Federation and in the state language of a republic within the Russian Federation, both texts are certified.

The employer is obliged to issue to the employee on the day of dismissal (the last day of work) his work book with a record of dismissal made in it. In the event of a delay in issuing a work book to an employee due to the fault of the employer, an incorrect or inappropriate entry into the work book federal law formulating the reason for the dismissal of the employee, the employer is obliged to compensate the employee for the earnings that he did not receive for the entire time of the delay. The day of dismissal (termination of the employment contract) in this case is the day of issuance of the work book. An order (instruction) of the employer is issued on the new day of dismissal of the employee (termination of the employment contract), and an entry is made in the work book. An earlier entry on the day of dismissal is recognized as invalid in the manner prescribed by these Rules.

If on the day of the employee’s dismissal (termination of the employment contract) it is impossible to issue a work book due to the absence of the employee or his refusal to receive the work book in his hands, the employer sends the employee a notice about the need to appear for the work book or agree to send it by mail. Sending a work book by mail to the address indicated by the employee is allowed only with his consent. From the date of sending the said notification, the employer is released from liability for the delay in issuing a work book to the employee.

In the event of the death of an employee, the work book, after making an appropriate entry on the termination of the employment contract, is handed over to one of his relatives against receipt or sent by mail upon a written application from one of the relatives.

To court
Plaintiff: __________________
Address:__________________
Respondent:_______________
Address:__________________

Complaint for the recovery of compensation for the delay of the work book

I, _____________, worked in the organization ____________ from "__" ______ 20__ to "__" _________ 20__ in the position of ____________. By order N. ______ dated _____, I was dismissed from my position under Art. ____ of the Labor Code of the Russian Federation with "__" ________ 20__
In accordance with Article 62 of the Labor Code of the Russian Federation, upon termination of an employment contract, the employer is obliged to issue a work book to the employee on the day of dismissal. However, to date, I have not been issued a work book, despite my repeated requests.
According to Article 234 of the Labor Code of the Russian Federation, the employer is obliged to reimburse the employee for earnings that he did not receive in all cases of illegal deprivation of his opportunity to work, including if the employer delays issuing a work book to the employee.
In connection with the foregoing and on the basis of Articles 62, 234 of the Labor Code of the Russian Federation, Art. 131-133 Code of Civil Procedure of the Russian Federation,

1. Collect from ______________ wages in the amount of __________ rubles. during the delay in issuing a work book from _________ to the day of its actual issuance.

Application:
1. A copy of the statement of claim to the defendant.
2. Other available documents

"__" __________ 20__ ____________
(signature)

RAA Law

Categories: | |

Employers must keep work books for all employees and keep records of them. Issuance of a work book made only upon dismissal. Getting a work book is made strictly under the signature of the employee in the register. on the day of dismissal worker.

What to do, if did not issue a work book?

What to do if do not give work book?

Which responsibility for the delay of the work book provided by the Labor Code of the Russian Federation?

Issuance of a work book upon dismissal.

The employer is obliged to issue a work book on the employee's last day of work. If the employee is absent on the day of dismissal or refuses to receive it, then it is imperative to send him a letter in which to notify him of the need get a work book or agree to be sent by mail. Without the consent of the employee, the work book cannot be sent by mail.

Only from the moment of sending the notice, the employer is not responsible for work book delay!

Responsibility for the delay of the work book.

For the delay of the work book, the employer is responsible for the ruble! He is liable for illegal actions: deprivation of an employee of the opportunity to work.

After all, when applying for a job, you need to submit a work book. If not work book issued and the employer deprived the employee of the opportunity to get a job, then he must be responsible for this.

There is a small clause in the Labor Code: if the work book is lost, then the employer must issue a new one. However, this does not remove responsibility for work book delay.

For every day delay in the issuance of a work book the employer must pay the employee average earnings.

Many employees take advantage of this situation. When the employer did not issue a work book immediately and did not send a notification, they calmly rest at home, and then demand the average earnings for the entire time of delay in issuing. Some employers do not send a notification because they do not know about it, they are simply legally illiterate, others know about it, but they think that the employee will come for labor himself, they do not expect a catch. And as soon as the employee begins to demand his money, then only they begin to "form legally."

What should an employee do if they did not issue a work book on the day of dismissal?

The situations can be different: you were absent on the day of dismissal (sick), the day of dismissal is the last day of vacation, you simply were not given a work book.

If you are sick, but wrote a letter of resignation of your own free will, then the employer is obliged to send you the notice mentioned above. You can pick up your work book any day. When you come to the employer, write a statement: “I ask you to issue a work book”, let the secretary put a mark on your copy of acceptance. In this case, the employer is obliged to issue a work book no later than three working days from the date of application. Received a work book - good. Not issued - there was a delay. And you have a statement in your hands that you applied. You can demand average earnings for each day of delay.

If the employer did not send a notification, then from the next day after the dismissal, it begins material liability. You can also claim average earnings for each day you are prevented from working.

If the day of dismissal falls on the last day of vacation (dismissal of one's own free will, leave is granted with subsequent dismissal), then the work book is issued on the last day of work, before the vacation, and not as not at the end of the vacation.

If you worked on the day of dismissal, and you just work book not issued(there was no one to make a note, no one to sign), then the employer is responsible for each day of non-issuance. Demand an average income! Does not pay voluntarily - file a lawsuit! The main thing is to correctly draw up an application, calculate and justify everything correctly. Call! Let's make a claim for you!

However, I strongly recommend in this case to stock up on an application for the issuance of a work book with a mark of receipt by the employer. Otherwise, the court will then have nothing to confirm what you wanted to receive, but you were not given.

The applicant was absent from work due to being on annual paid leave. Having returned to work from vacation, the applicant turned to the employer with a request to pay him wages, to which he received an answer that wages would not be paid, and the employer demanded that the applicant write a letter of resignation of his own free will. The applicant proposes to pay wage arrears. Issue a workbook. Pay compensation for moral damage and legal fees.

To Limited Liability Company "____________"
_______________________________

gr. __________________________, residing in
address: _____________________________

"In the order of pre-trial
dispute resolution"

CLAIM

Since ___________, I have been working at "__________" LLC as a manager on the basis of an employment contract No. ___ dated _______. According to clause 3.1 of the employment contract, the amount of my official salary amounted to __________ rubles per month. Which does not correspond to the established minimum wage in the city of __________ (the minimum wage for the city of __________ from _________ is ______ rubles).
In fact, my monthly income was ___________ rubles.
Since ___, I have been absent from work due to being on annual paid leave.
Having returned to work from vacation, I turned to you with a request to pay me wages for ____________, to which I received an answer that my wages would not be paid and you also demanded that I write a letter of resignation of my own free will.
I refused to write a letter of resignation of my own free will, to which you informed me that I had already been fired of my own free will, as confirmation, my work book was shown with a record of dismissal of my own free will.

"___" ____________, I came to you in order to receive unpaid wages, to receive a work book, but you did not give me a work book, did not make material calculations for the payment of wages, vacation pay.

I consider your actions to refuse to pay wages, issue a work book and pay vacation as unlawful and violate my legitimate interests for the following reasons.

In accordance with Article 2 of the Labor Code of the Russian Federation, one of the basic principles legal regulation labor relations is the obligation of the parties to the employment contract to comply with the terms of the concluded contract, including the right of the employer to require employees to fulfill their labor duties and respect for the property of the employer and the right of employees to require the employer to comply with his obligations in relation to employees, labor legislation and other acts containing norms labor law; ensuring the right of workers to protect their dignity during the period of employment.

In accordance with Article 84.1 of the Labor Code of the Russian Federation, on the day the employment contract is terminated, the employer is obliged to issue a work book to the employee and make settlements with him in accordance with Article 140 of the Labor Code of the Russian Federation. At the written request of the employee, the employer is also obliged to provide him with duly certified copies of documents related to work.
I believe that your actions related to the failure to issue me a work book upon dismissal are a violation of my labor rights and legitimate interests. As a result of not issuing a work book to me, I was deprived of the opportunity to get a job and work in the period from __.__.______ to __.___.______.

In accordance with Article 234 of the Labor Code of the Russian Federation, the employer is obliged to compensate the employee for earnings that he did not receive in all cases of illegal deprivation of his opportunity to work. Such an obligation, in particular, arises if the earnings are not received as a result of:
illegal removal of an employee from work, his dismissal or transfer to another job;
the employer's refusal to execute or untimely execution of the decision of the labor dispute resolution body or the state legal labor inspector to reinstate the employee in his previous job;
delays by the employer in issuing a work book to an employee, entering into the work book an incorrect or inconsistent wording of the reason for dismissal of an employee.

During the time during which I was deprived of the opportunity to work due to the fact that you did not give me a work book, I did not receive a salary.
Compensation for the delay in issuing a work book, according to the above calculation, is:
average monthly salary / average number of working days of the delay period * number of days of delay in issuing a work book = _____ rubles. /___ days * __ days = _________ rubles.

In accordance with Art. 21 of the Labor Code of the Russian Federation, the employee has the right to timely and full payment of wages and the provision of annual paid leave.
In accordance with Art. 22 of the Labor Code of the Russian Federation, the employer is obliged to pay in full the wages due to employees within the time limits established in accordance with the Labor Code, the collective agreement, internal labor regulations, and the employment contract.
Based on Art. 22 of the Labor Code of the Russian Federation, the employer is obliged to provide employees with equal pay for work of equal value.
Based on Art. 11 of the Labor Code of the Russian Federation, all employers (individuals and legal entities, regardless of their organizational and legal forms and forms of ownership) in labor relations and other directly related relations with employees must be guided by the provisions of labor legislation and other acts containing labor law norms.
In accordance with Art. 136 of the Labor Code of the Russian Federation, when paying wages, the employer is obliged to notify each employee in writing of the components of the wages due to him for the relevant period, the amount and grounds for the deductions made, as well as the total amount of money payable.
Wages are paid at least every half a month on the day established by the internal labor regulations, collective agreement, labor contract.

According to Art. 140 of the Labor Code of the Russian Federation, upon termination of the employment contract, payment of all amounts due to the employee from the employer is made on the day the employee is dismissed. If the employee did not work on the day of dismissal, then the corresponding amounts must be paid no later than the next day after the dismissed employee submits a request for payment.
The amount of salary arrears is _________ rubles.

By virtue of Art. 236 of the Labor Code of the Russian Federation, if the employer violates the established deadline for paying wages, vacation pay, dismissal payments and other payments due to the employee, the employer is obliged to pay them with interest (monetary compensation) in the amount of not less than one three hundredth of the Central Bank refinancing rate in force at that time the Russian Federation from the amounts not paid on time for each day of delay, starting from the next day after the due date of payment until the day of actual settlement, inclusive.

The interest for late payment of my wages will be:
for ____________ years, the interest for delayed wages is:
since ____________, the discount rate of refinancing is ____%, Instruction of the Central Bank of the Russian Federation No. ________ dated __________;
(_____: ___ x __ x __________): ____ = _________ rubles.
Total interest for delayed payment of wages will be: ________ (_______________________) rubles.

According to Art. 114 of the Labor Code of the Russian Federation, employees are granted annual leave while maintaining their place of work (position) and average earnings.
According to Art. 115 of the Labor Code of the Russian Federation, the annual basic paid leave is granted to employees for a duration of 28 calendar days.
According to Art. 136 of the Labor Code of the Russian Federation, payment for vacation is made no later than three days before it starts.
The debt for paying the next vacation is ________ rubles.

As a result of your unlawful actions, I suffered moral harm, expressed in the fact that due to the unpaid settlement to me upon dismissal, I was extremely short of money, due to the delay in issuing a work book, I could not find a job, as a result of which I could not adequately support my family, and also forced to spend his time and money on defending my legal rights.
I estimate compensation for the moral damage caused to me at ________ rubles.

In accordance with Art. 237 of the Labor Code of the Russian Federation, moral damage caused to an employee by unlawful actions or inaction of the employer is compensated to the employee in cash in the amount determined by agreement of the parties to the employment contract.
My moral suffering is aggravated by the disrespectful attitude of the management of this organization towards its employees, who conscientiously perform their official duties.
In addition, in connection with the violation of my rights, I was forced to apply for legal assistance to ____________ LLC, to the cash desk of which a sum of money in the amount of ________ rubles was paid.
According to Art. 15 of the Civil Code of the Russian Federation, a person whose right has been violated may demand full compensation for the losses caused to him, unless the law or the contract provides for compensation for losses in a smaller amount.

Based on the foregoing, in accordance with Art. 2, 21, 22, 84.1, 114-115, 140, 136, 234, 236, 237 of the Labor Code of the Russian Federation,

OFFER:
1. Give me a work book.
2. Pay in my favor wage arrears in the amount of ___________ rubles.
3. To pay in my favor a penalty for delayed payment of wages for the period from __.__._____ to __.__.____ in the amount of ________ rubles.
4. Pay in my favor compensation for the delay in issuing a work book upon dismissal in the amount of _________ rubles.
5. Pay in my favor compensation for vacation in the amount of _________ rubles.
6. Pay in my favor to compensate for the moral damage caused to me cash in the amount of _____________ rubles.
7. To pay in my favor _______ rubles, as compensation for the legal services I paid for.
In accordance with Art. 362 of the Labor Code of the Russian Federation, heads and other officials of organizations, as well as employers - individuals guilty of violating labor legislation and other regulatory legal acts containing labor law norms, are liable in cases and in the manner established by the Labor Code and other federal laws.
Administrative responsibility for the payment of wages less than the minimum wage is established by Art. 5.27 of the Code of Administrative Offenses of the Russian Federation. fine for officials amounts from 1,000 rubles to 5,000 rubles, for legal entities - from thirty thousand to fifty thousand rubles or an administrative suspension of activities for a period of up to ninety days.
According to Art. 145.1 of the Criminal Code of the Russian Federation non-payment of more than two months of wages, pensions, scholarships, allowances and other payments established by law, committed by the head of an organization, by an employer - an individual out of selfish or other personal interest, -
shall be punishable by a fine in the amount up to 120 thousand roubles, or in the amount of the wage or salary, or any other income of the convicted person for a period up to one year, or by deprivation of the right to hold certain positions or engage in certain activities for a term of up to five years, or by deprivation of liberty for a term of up to two years.

If my requirements are not satisfied, I will be forced to apply to the competent authorities (the prosecutor's office, the State Labor Inspectorate, tax office…) for the protection of my rights and legitimate interests, as well as for bringing to justice those who violated my rights.

APPENDIX:
A copy of the employment contract.

"___" _________________ G. ________/______________/

The work book is included in the list of personnel documents that are mandatory when concluding an employment contract. It must be issued to the employee at his first place of work. Moreover, the provision of such a form - The final stage dismissal of an employee. The employer has no right to continue to keep this document after the departure of the subordinate.

However, situations often arise when the manager still violates labor laws. For example, he may not issue the necessary documents to the employee, including the book. In this article, we will tell you where to go if your boss refuses to return your papers, and also consider what threatens him for such behavior.

According to the Labor Code of the Russian Federation, each employer, after terminating an employment contract with an employee, is obliged to give him the appropriate form. Moreover, he must do this directly on the day the employee is dismissed. That is why the delay or refusal to provide the form is considered a violation of the law. However, many organizations are reluctant to comply with this rule. Usually, Violation of the terms of issuance of labor can occur for two reasons:

• Due to the fault of the authorities. The employer may knowingly not provide you with a document due to personal interests. For example, if you did not take inventory or did not complete any work before dismissal;
• The fault of the employee. An employee may simply not show up for a work book - then the manager’s fault is not here. In addition, he may, for any reason, refuse to receive documents.

In any conflict situation with the boss, in which he refuses to provide a work book, it is necessary to correctly and competently protect your rights. What to do if the employer does not give the work book? To do this, you should immediately contact the relevant supervisory authorities. So, in order to hold management accountable, you need to follow the following procedure:

The most popular instance for such complaints is the labor inspectorate. Its task is to exercise strict control over the observance of labor protection in all enterprises. After the department has reviewed your application, it may conduct an unscheduled audit in an organization of which you were once an employee. In addition, it may ask your former employer all necessary documentation for verification.

In addition to the claim itself, copies of all documents that may be needed, for example, in the labor inspectorate, should be prepared. So, To file a complaint against an employer, you will be required to:

• Copy of passport;
• A copy of the work book;
• A copy of the employment contract;
• Settlement sheets;
• The order of acceptance to work.

If the employer refuses to provide your work book, do not be afraid to write a complaint against him to one of the above authorities. So, let's consider the procedure for drawing up a claim to the labor inspectorate. Making such a statement is not difficult, as it seems at first glance. However, there are several mandatory requirements for its content.

Let's move on to the text of the document itself. Usually, it consists of 3 parts:

1. Title. In the upper right part of the document, indicate the name and details of the company, as well as information about the injured employee - full name, address and contact number. Be sure to include the full title of the document.
2. Information part. In this block, state the essence of the claim. List all the circumstances in which your rights were violated. Then state the reason why you were refused to provide documents. Only after that indicate your requirements - the issuance of labor and compensation for non-pecuniary damage.
3. Conclusion. Here, indicate the consequences that await the employer if they refuse to comply with your requirements. For example, you can say that you plan to sue him in the future. List all the documents that will be attached to your appeal, and at the bottom of the sheet put the date of the complaint and your signature.

The claim is made immediately in two copies, one of which is sent to the inspection, and the other remains with the applicant with the seal and signature of the head of the organization. You can personally take it to the nearest branch of the supervisory authority or send it by registered mail with acknowledgment of receipt. Moreover, recently you have the opportunity to fill out a complaint directly on the website of the labor inspectorate. To do this, you just need to register and leave an online application. All required documents must be scanned and attached to the application in PDF format.

In accordance with the Code of Administrative Offenses of the Russian Federation, an employer who violates labor laws must be held administratively liable. So, for each unissued book, he will have to pay a fine in the amount of 1 to 5 thousand rubles. If your boss is a legal entity, he faces a fine of 30 to 50 thousand rubles. Moreover, the offender, depending on the decision of the court, may be required to suspend their activities for up to 90 days. If, even after the imposition of penalties, the management does not consider it necessary to return the work book to the former employee, he, in turn, can recover financial compensation from him for the fact that for some time he could not get a job without work.

Graduated from Russian State University justice (RGUP). Postgraduate student of the Moscow Institute government controlled and law (MGIUP). Since the beginning of 2007, she has been practicing litigation, specializing in labor law and labor disputes.

What to do if the employer delays or does not issue a work book upon dismissal?

When dismissed, quite a lot of people face a delay in the work book. The dismissed person will be able to protect his rights if he knows whether such actions are legal and how to react in such situations.

Rules for issuing documents for settlement

Failure to issue a work book at the time of dismissal is a violation of the rights of the employee. In accordance with part 1 of article 84 of the Labor Code of the Russian Federation, the employer must issue all documents on the day of dismissal. This rule is violated for the following reasons:

1. The employer blackmails the employee in order to obtain guarantees for the completion of work in progress (transfer of cases, writing a report, etc.).
2. The manifestation of irresponsibility by an employee personnel department making out paper.
3. Ignorance by the administration of the organization and by the resigning Labor Code.
4. The absence of a person leaving the workplace for any reason (sick leave, vacation, absenteeism, military service, and so on).

The employer must control the final settlement process. If the dismissed person is absent from work, a notification is sent to his registration address that all documents are ready and they need to be picked up, or write an application for their forwarding by mail.

What to do if, after dismissal, they do not issue a work permit?

According to Article 234 of the Labor Code of the Russian Federation, a person has the right to compensation material damage. If the employer does not return documents, the following steps can be taken:

• file a complaint with the labor inspectorate;
• write a statement to the prosecutor's office;
• file a lawsuit against your former employer.

Litigation is the most reliable way to receive not only labor, but also compensation for deprivation of the opportunity to get a job again. But the court must provide evidence of the violation and their lost, in connection with this, opportunities.

Important! The deadline for applying to the court is 3 months after dismissal.

What threatens the employer with failure to issue documents on time?

For the law, it does not matter for what reasons the issuance of a work book was delayed upon dismissal. Even if a person simply did not show up for labor, the responsibility for violating the terms of extradition will lie with the organization where he worked. And if the management does not take preventive measures in time, the organization will be obliged to pay the employee compensation for material damage from not receiving documents, in the amount of average earnings for each overdue day.

The victim may also demand compensation for non-pecuniary damage. The amount is determined by the court. In addition, the organization will pay legal and other costs.

For administrative violations, the following penalties are provided.

Or lose the right to carry out the activities of the company for up to 90 days.

According to the rules for processing and storing labor, the day of dismissal in case of incorrect execution of a document, or a delay in issuance, will be considered the day when a person receives a book in his hands.

For reference! The organization issues an appropriate order and enters new date layoffs. And the old record is invalidated.

Non-issuance of labor due to the fault of the resigning

It happens that the organization does not have the opportunity to issue papers on time due to the fault of the employee himself. The most common are the following situations:

1. The employee was fired for absenteeism and also skipped work on the last day.
2. The employee deliberately avoids receiving documents, not wanting to quit or pursuing selfish goals.
3. The office of the organization is located in another city.
4. The employee was drafted into the army and did not have time to pick up the documents.
5. The employee was arrested and convicted.

Whatever the reasons why the person could not pick up the labor himself, the organization must provide him with the opportunity to receive his documents up to 3 days after applying or send by mail at the request of the dismissed person. Unclaimed documents are stored in the archive for 75 years.

After sending a notice that the dismissed person needs to appear for documents or send consent to postal forwarding, the organization is relieved of responsibility for the late issuance.

Copying site materials is allowed only with a link to the source.

In any case, every employer is faced with the fact that sooner or later his employees put a statement on the table of their own free will.

Do not give a work book after dismissal?

Of course, in this situation, you need to behave correctly. It is necessary to let go, even the most promising employee, because every citizen of our country has an established right to free work. But many employers can't just let an employee go and begin to put sticks in his wheels in every possible way. Banal and harmless encroachments on the opinion of an employee can even result in a significant fine and legal proceedings.

Often, employers try to attract the attention of an employee, and if he flatly refuses to stay, employers try in every possible way to delay the departure of a profitable employee.

This behavior forms the basis of many labor disputes, where the employee and the employer sort things out already in court.

Where to contact if the employer delays the return of the work book upon dismissal?

Not infrequently, upon dismissal, the employer does not hand over the work book to the employee. There may be several reasons for this. Perhaps the employer simply simply forgot that he was saying goodbye to the employee, swirled in business, and so on. Where to apply?

Or maybe the employer, as best he can, is trying to delay the moment the employee leaves, or even trying to take revenge on him for such an unexpected departure. One way or another, but the consequence of all these actions is the same - the employee is left without a work book, which means without the opportunity to go to get another job.

If they do not issue a work book, try contacting the personnel department of the enterprise.

Ask employees to do everything possible to return the document to you on time - otherwise you have every right to contact the appropriate authorities, as a result of which fines and penalties will be imposed on the organization.

If you are working in large organization, it may be assembled commission on labor disputes, which, in accordance with labor legislation, should oblige the employer to issue you a book.

If it is not possible to assemble such a body within the organization, you have every right to go to court or to the labor inspectorate. In this case, sanctions from state bodies will be much higher.

If the work book was issued out of time?

If the work book was issued out of time, you should not slow down such actions of the employer.

Even if you didn't suffer any losses from such behavior the action was performed illegally, which means, you must hold the violator of the law to account. You can contact the labor inspectorate.

The result of such an appeal will be the appearance of inspectors in the organization, where appropriate checks of the documents of the personnel department will be carried out on how work books, magazines are maintained and how the labor rights of employees are observed.

If, in addition to your case, other violations are found, the organization will incur a fine for its actions., but you will not experience any favorable consequences on your wallet other than moral satisfaction.

As for more punitive measures, you have the right to appeal to the court.

Perhaps the employer puts you in an awkward position with his delay in issuing a document regarding employment for another job, and so on.

You incur losses because you do not receive wages and do not receive other income. For this, the employer must answer in court, where, in fact, you must invite him.

Statement of claim for non-issuance of a work book?

Before you apply to the court, you should know what documents you need to provide to this instance.

Of course, you must have your version of the employment contract and other documents confirming the fact of your work in the organization. Also, you must properly file a claim for non-issuance of a work book. How exactly this document is compiled, we will tell in our article.

Where to apply?

Statement of claim by all rules submitted to the court. In order to understand the jurisdiction and determine more specifically the court to which you want to send your application, you need to know well where your employer's office is registered. An application for the return of a work book is submitted at the location of the defendant, that is, the organization where you performed your labor function.

Given the statement must be supported by necessary documents like a government tax, necessarily paid in your name, as well as documents that prove the fact of your work in this organization.

These can be photocopies of labor, labor contract, as well as other documents confirming the fact of your work in the organization. But, of course, the most important document of all of the above is the statement of claim. About how to draw it up in accordance with all the rules and requirements of the law - in our next paragraph.

How to compose correctly?

The statement of claim is drawn up on an A4 sheet. Be sure to come to the court and take a sample of filling out this document. If there is no example in court, look for similar statements on the Internet.

On the right is written the name of the court where you are sending the statement of claim, as well as Contact Information about the defendant and the plaintiff.

In the general text of the application, you must indicate, referring to the articles of the Labor Code, where and in what way your rights were violated.

Try not to use the emotional coloring of the recording. State everything briefly and succinctly, in legal language. If you cannot write facts in this way, contact a lawyer.

Your claim must also include an estimate of the damage you have suffered.. Try not to overstate your requirements. Also, do not forget to indicate the documents that are also attached to your statement of claim. At the end of the application must be the seal and signature of the plaintiff, that is, you.

What is the responsibility?

Failure to issue a work book threatens with administrative responsibility, a fine in the amount of three hundred to five hundred rubles is due for it.

For each day of delay in issuance there is a penalty, which is equivalent to the number accepted in the region.

Also, the employee in court can recover from the employer compensation for lost profits, as well as non-pecuniary damage.

In labor practice, there were often cases when an employee, for several days of delay in issuing a work book, sued very impressive amounts from the employer.

One way or another, but if the employer is going to commit an unlawful act against you, he does not have the right to this act and, accordingly, must be punished in full according to the law and in proportion to the damage caused to you.

Who is responsible?

The employer is directly responsible for keeping the work book of the employee!

Therefore, it is on him that all penalties are imposed. But in the event that the work book was retained not by the employer, but by the personnel department by mistake or by negligence, then it is the employee who committed this oversight that is responsible for compensating the employee for losses incurred.

Penalty for non-issuance of labor upon dismissal

A fine for non-issuance is also imposed, in addition to legislative acts, by the organization itself.

Many organizations establish internal instructions, according to which an employee who has not issued a work book to a dismissed person on time is liable for the organization established by a local regulatory legal act.

And this means that the employee must pay the fine that the organization has established.

Material liability

Compensation for the delay in issuing a work book

If the employee has not received a work book, he can claim not only compensation in court, but also compensation before going to court

The fact is that it is much more profitable for the employer to pay material compensation to the employee without involving government bodies. Compensation for labor is paid for each day of delay.

How to correctly calculate compensation?

In order to calculate compensation, you need to estimate how much an employee could receive if he got a job. But, unfortunately, in the absence of a work book, he did not do this. According to calculations, for example, if the daily income of an employee was one thousand rubles, each day of delay will be equal to this amount.

Thus, multiplying the citizen's salary by the number of days of labor retention, we get the amount of compensation.

Calculation example

For example, Anatoly worked in big company financial analyst and received a salary of 50 thousand a month. The payment for one day of work of such a specialist cost the company 2,600 rubles.

After the dismissal, the labor was lost, and the personnel officers could not find it. In total, she was issued only ten days after her dismissal. The amount for ten days amounted to 26 thousand rubles.

Court practice: withholding a work book upon dismissal

Judicial practice is literally replete with examples of calculations of such situations.

Very often, employers and personnel officers, due to their inexperience and inaccuracy, lose their work book and spend a long time on restoring it, and meanwhile the amount for compensation is growing every day.

Most often, in judicial practice, there is a case where the employer, trying to take revenge on his employee, tries to hide his book as far as possible and not give it to his hands for as long as possible. But, unfortunately, most often such employers only make things worse for themselves. By the fact that they do not provide the employee with a work book, they only increase the amount of payment that they will have to pay in compensation, but many unfortunate employers do not think about it until they come to court on the claim of their employee.

Unfortunately, such situations are found everywhere and I really want to learn how to deal with them and finally inspire employers that it is necessary to respect the rights of their subordinates.

But also often in practice there is a case when the employee himself is trying to get money from a decent employer.

To do this, the employee specifically gets rid of his labor and then, after waiting for a certain period to pass, goes to court demanding compensation.

Unfortunately, sometimes such cases are taken into account and impressive amounts are really written off from the employer just like that. It's all to blame for the fact that the employer, in his naivety, did not demand a receipt from the employee in obtaining a labor.

Conclusion

It does not matter whether you are an employee or an employer - you must necessarily respect the interests of other citizens. Only then can you hope for a return.

Even if an employee leaves you as an employer, be happy for him. It is quite possible that soon this worker will find himself in life and will remember you kind word for the fact that you taught him a lot and gave a lot.