Sample application for delay in issuing a work book. Statement of claim for the issuance of a work book, recovery of monetary compensation for the delay in issuing a work book and compensation for moral damage caused. Organization and financing of land survey work

To Ramensky City Court

Moscow region

140100, Moscow region,

Ramenskoye, st. Vokzalnaya, 2

Plaintiff: Nikulin Vladimir Nikolaevich registered

At the address: 140100, Moscow region, Ramensky district,

Pos. Druzhba, st. Yubileinaya, 62, apt. 5

Respondent: Department of Internal Affairs

For the Ramensky municipal district of the Moscow region

140100, Moscow region,

G. Ramenskoye, st. Mikhalevich, 53

Cost of claim - 27,352 rubles

Compensation for moral damage -

100,000 rubles

about extradition work book,

collection monetary compensation for the delay

issuing a work book and compensation

moral damage caused

I, Nikulin Vladimir Nikolaevich, from August 2005 to December 2010 served in the Internal Affairs Directorate for the Ramensky municipal district of the Moscow region, which is the defendant in this lawsuit, as a senior inspector of the immediate response group service of the PPSM of the Internal Affairs Directorate for the Ramensky municipal district of the Moscow region, and from December 2010 until the date of dismissal, 04/02/2011, I was at the disposal of the defendant. This circumstance is confirmed by the service description dated February 14, 2011, signed by the commander of the OB PPSM for the Ramensky municipal district of the Moscow region.

In accordance with Art. 5 Labor Code of the Russian Federation regulation labor relations and other directly related relations in accordance with the Constitution Russian Federation, federal constitutional laws are carried out labor legislation(including legislation on labor protection), consisting of the specified Code, other federal laws and laws of the constituent entities of the Russian Federation containing labor law norms.

By virtue of Art. 84.1 Labor Code RF, on the day of termination of the employment contract, the employer is obliged to issue the employee a work book and make settlements with him in accordance with Article 140 of this Code. Upon written application by the employee, the employer is also obliged to provide him with duly certified copies of documents related to work. In violation of the requirements of the above norm, on the day of dismissal from service, the defendant did not give me a work book with a record of my dismissal from service in the internal affairs bodies, paragraph “e” of Art. 58 of the Regulations on service in internal affairs bodies, approved by Resolution of the Supreme Council of the Russian Federation No. 4202-1 of December 23, 1992, according to which employees of internal affairs bodies can be dismissed from service due to staff reduction - during the liquidation or reorganization of the internal affairs body in the event impossibility of using an internal affairs officer in the service. In addition, the defendant did not return my military ID, a copy of the order of dismissal from service in the internal affairs bodies, the result of passing a military medical commission for fitness for service in the internal affairs bodies, pay slips for the period from 04/01/2010 to 03/31/2011 of the year.

Since the defendant, upon dismissal from service in the internal affairs bodies, did not hand over the documents listed above to me, I have the right to file claims against the defendant for the issuance of a work book, a military ID, a copy of the order on dismissal from service in the internal affairs bodies, the result of passing a military medical commission at subject of fitness for service in internal affairs bodies, pay slips for the period from 04/01/2010 to 03/31/2011.

Based on Art. 234 of the Labor Code of the Russian Federation, the employer is obliged to compensate the employee for the earnings he did not receive in all cases of illegal deprivation of his opportunity to work. Such an obligation, in particular, arises if earnings are not received as a result of the employer’s delay in issuing a work book to the employee.

From the circumstances stated above, it follows that I have the right to bring a claim against the defendant for the recovery of damages caused by the delay in issuing the work book. A calculation of damages is attached to this statement of claim.

In the event of a dispute, the fact of causing moral damage to the employee and the amount of compensation for it are determined by the court, regardless of the property damage subject to compensation.

As a result of unlawful actions on the part of the defendant, which are expressed in the delay in issuing my work book, I cannot get a job. That is, as a result of the unlawful actions of the defendant, expressed in the delay in issuing me a work book, I am deprived of my livelihood.

I estimate the compensation for moral damage caused to me in the amount of 100,000 (one hundred thousand) rubles.

In order to protect the violated rights and legitimate interests, I was forced to seek legal assistance from Contact LLC, to whose cash desk I paid an amount of 23,914 (twenty-one thousand seven hundred forty-seven) rubles and, therefore, I incurred the cost of payment legal assistance.

Based on the above circumstances, Art. 5, 84.1, 234, 237 Labor Code of the Russian Federation, art. 22 of the Law of the Russian Federation “On the Police”,

ASK:

1. Oblige the defendant, the Department of Internal Affairs for the Ramensky Municipal District of the Moscow Region, to issue me, Vladimir Nikolaevich Nikulin, a work book.

2. Oblige the defendant, the Department of Internal Affairs for the Ramensky Municipal District of the Moscow Region, to issue me, Vladimir Nikolaevich Nikulin, a military ID.

3. Oblige the defendant, the Department of Internal Affairs for the Ramensky Municipal District of the Moscow Region, to give me, Vladimir Nikolaevich Nikulin, a copy of the order of dismissal from service in the internal affairs bodies.

4. Oblige the defendant, the Department of Internal Affairs for the Ramensky Municipal District of the Moscow Region, to give me, Vladimir Nikolaevich Nikulin, a copy of the conclusion of the military medical commission regarding suitability for service in the internal affairs bodies.

5. Oblige the defendant, the Department of Internal Affairs for the Ramensky Municipal District of the Moscow Region, to issue me, Vladimir Nikolaevich Nikulin, pay slips for the period from 04/01/2010 to 03/31/2011.

6. To recover from the defendant, the Department of Internal Affairs for the Ramensky Municipal District of the Moscow Region, compensation for the delay in issuing a work book in the amount of 27,352 (twenty-seven thousand three hundred fifty-two) rubles for the period from 04/02/2011 to 05/31/2011.

7. To recover from the defendant, the Department of Internal Affairs for the Ramensky Municipal District of the Moscow Region, in my favor the expenses incurred by me in the amount of 23,914 (twenty-three thousand nine hundred fourteen) rubles to pay for legal assistance.

8. To recover from the defendant, the Department of Internal Affairs for the Ramensky Municipal District of the Moscow Region, in my favor in compensation for the moral damage caused to me, funds in the amount of 100,000 (one hundred thousand) rubles.

Applications:

1. Copy of the statement of claim - 1 copy.

2. Copy of service characteristics - 2 copies.

3. A copy of the agreement with LLC “Contact” and the payment receipt legal services- 2 copies.

4. Calculation of claims - 2 copies.

5. Copy of the monetary certificate - 2 copies.

“__” _______ 2011 ____________ V.N. Nikulin

Download the statement of claim in WORD format 54678.docx

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So: complaint to the state labor inspectorate:

To the State Labor Inspectorate in the city of St. Petersburg. 198095, St. Petersburg, Zoya Kosmodemyanskaya street, building 28, letter A.

From: FULL NAME., living ( to her) by the address: index, St. Petersburg, _____________ street, d._, apt., tel. _________.

COMPLAINT

about violation of employee rights

I, FULL NAME., in the period from “____” ______________ 20___ to “____” ______________ 20___ ( or to date), have worked indicate the position in LLC "_______________" (TIN/KPP: ___________/___________); OGRN: ____________, current account ____________, BIC ____________, legal / actual address: index, St. Petersburg, st. ________________, house ______. For the entire period of my labor activity the management of LLC "_______________" constantly grossly violated my labor rights, guarantees and interests.

These violations are expressed as follows:

1. I didn't receive wages from "____" ______________ 20___ to the present, which is gross violation Labor Code of the Russian Federation. I turned to management with a request to give me a salary for the months worked. However, the accountant and the director himself told me that I had to write a letter of resignation due to at will and only in this case will I probably get my money. They began to put psychological pressure on me, forcing me to write a letter of resignation of my own free will. This fact is confirmed by the audio recording on the CD attached to the application. In a personal conversation, the organization’s accountant does not hide the fact that the organization is acting illegally, but she herself is afraid of being fired and therefore strictly follows the director’s orders about non-payment of wages, since the company has no money.

“” ________ 20_ I submitted a notice to the management of the organization that I was suspending work from 9:00 a.m. “” ________ 20_ until my wages were paid on the basis of Article 142 of the Labor Code of the Russian Federation. The director ignored this statement.

“____” ______________ 20___ I was called to the enterprise supposedly to receive my salary, but I was given a notice of a reduction in the number of employees. At the same time, severance pay was denied. Payment of severance pay in connection with a reduction in the number or staff of an organization's employees (Part 2 of Article 81 of the Labor Code of the Russian Federation) is regulated by Article 178 of the Labor Code of the Russian Federation. Upon termination of an employment contract due to a reduction in the number or staff, the dismissed employee is paid severance pay in the amount of average monthly earnings, and also retains the average monthly earnings for the period of employment, but not more than 2 months from the date of dismissal (including severance pay).

My salary was never paid for the entire period!

All documents confirming the employment relationship: work book, employment contract are stored in LLC “_”, which is a direct violation of the labor legislation of the Russian Federation. Since my work record is at _ LLC, I cannot get another job.

In accordance with Article 84.1 of the Labor Code of the Russian Federation, on the day of termination of the employment relationship, the employer is obliged to issue the employee a work book. In violation of the requirements of the above article, I was not given a work book. Failure to issue a work book to an employee upon dismissal is one of the cases of illegally depriving an employee of the opportunity to work. If a work book is not issued to the employee and there is no notification of its sending to the address of the dismissed employee, the employer, in accordance with paragraph 4 of Part 1 of Article 234 of the Labor Code of the Russian Federation, is obliged to compensate the employee for the earnings he did not receive for the delay in issuing the work book to the employee.

Thus, LLC “_______________” (represented by its officials) violated Article 84.1 of the Labor Code of the Russian Federation, and also violated my labor rights and interests.

2. In accordance with Article 37 of the Constitution of the Russian Federation, an employee has the right to remuneration for work without any discrimination. In accordance with Article 136 of the Labor Code of the Russian Federation, wages are paid at least every half month on the day established by the rules of internal labor regulations, collective agreement, employment contract. In accordance with Article 84.1 of the Labor Code of the Russian Federation, on the day of termination of the employment relationship, the employer is obliged to make a settlement with the employee.

In violation of the above articles, LLC “_______________” systematically delayed and constantly did not pay my salary (it did not pay the entire salary, but only part of it), there were constant delays. As a result, for the period from “____” ______________ 20___ to the present day, I have not received any wages at all. The employer has arrears of wages in the amount of indicate the full amount of the debt in rubles. When I was made redundant, no payment was made to me.

Thus, LLC “_______________” (represented by its officials) violated Article 37 of the Constitution of the Russian Federation, Articles 84.1 and 136 of the Labor Code of the Russian Federation, and also violated my right to receive earnings, guaranteed by the Constitution.

3. In accordance with Article 67 of the Labor Code of the Russian Federation employment contract is in writing, drawn up in two copies, each of which is signed by the parties. One copy of the employment contract is given to the employee, the other is kept by the employer. The employee’s receipt of a copy of the employment contract must be confirmed by the employee’s signature on the copy of the employment contract kept by the employer.

In violation of the above article, I was not given my copy of the employment contract and therefore I am experiencing difficulties in going to court with a claim to recover wages, as well as to collect compensation for other violations of the employment contract concluded with me. Thus, LLC “_______________” (represented by its officials) violated Article 67 of the Labor Code of the Russian Federation, and also violated my labor rights and interests.

Only the most significant violations are listed above. The same applies to other employees. In connection with this circumstance, inspection of the activities of LLC “_______________” by the state labor inspectorate is especially relevant.

I believe that the above actions of officials of LLC “_______________” fall under Article 5.27 of the Code of the Russian Federation on Administrative Offenses.

I am asking you for help, because in accordance with current legislation State inspections labor departments receive citizens, consider applications, complaints and other requests from citizens about violations of their labor rights. Carry out state supervision and control over compliance with labor legislation. They consider cases of administrative violations. Carry out inspections and investigations into the causes of violations of labor and labor protection legislation. Provide employers with binding orders to eliminate violations of labor and labor protection legislation, to restore the violated rights of citizens with proposals to bring those responsible for these violations to justice disciplinary liability or removing them from office in accordance with the established procedure. Persons guilty of violating the legislation of the Russian Federation on labor and labor protection are brought to administrative responsibility.

Based on the above and in accordance with Art. 84.1, 67, 136, 234 Labor Code of the Russian Federation, 5.27, 23.12 Code of Administrative Offenses of the Russian Federation, art. 37 of the Constitution of the Russian Federation,

Ask:

1. Conduct an investigation into this complaint and, if violations of the legislation of the Russian Federation are detected in the activities of LLC “______________” or officials of this organization, bring the perpetrators to administrative responsibility;

2. Oblige LLC “______________” to restore the violated right by returning my work book;

3. Oblige LLC “_” to pay me wages for the period from “” 20_ to “” ________ 20_ in the amount of _________ rubles;

4. Oblige LLC “__” to compensate me for lost earnings for the period from “” 20_ to “” ________ 20_ in the amount of _________ rubles for illegal deprivation of the right to work due to non-issuance of a work book;

When terminating an employment contract with an employer, a company employee must receive his or her work book. According to the regulations of the Russian Federation, the deadline for returning the document is the employee’s last working day.

However, often for one reason or another, employers are in no hurry to return the work book. In this article we will try to analyze in detail what to do, when this happens and who to contact.

Grounds releasing the employer from liability for failure to issue a document upon dismissal

Let's consider the most typical situations when the head of the company is not answerable to the law.

The employee is absent from the workplace

This could be any force majeure circumstances: illness, departure to another city or for family reasons, etc.

In such situations, there is only one way out - the employer sends a letter with notification of delivery to the employee with a request to pick up the document or agree to send it by mail.

In this case, the manager is released from liability for late delivery.

Since sending by mail is a fairly serious step, you need to obtain the employee’s written consent to do this. If the employee did not give his consent to forward the document, the head of the company is obliged to create conditions for their storage until required, for a period of at least fifty years.

It also happens when an employee, due to moving to another country or for any other reason, is physically unable to come and pick up his work book. In this situation, there is only one option left - to issue a power of attorney. This can be done at any notary office.

The document states:

personal data of the attorney and former employee of the company (last name, first name and patronymic, passport details and residential address, signature);
name of the company, its details;
signature of the document owner;
date of preparation and validity period.

After issuing a notarized power of attorney, the attorney will be able to obtain a work book from the company’s human resources department, where employees are required to issue a receipt stating that the document was issued.

The employee refuses to collect his personal documents

For example, an employee does not agree with the dismissal, the employer is obliged to try at all costs to return the papers by any possible means.
If an employee is on his last day at his workplace, but for some reason ignores requests to pick up papers, it is necessary to draw up a report.

It records all the points: indicates the reasons why the employee refuses to pick up the documents. After this, the employee signs the document and indicates the date, then submits it to the HR department.

In a situation where the moment to draw up an act was missed, other measures must be taken. Try sending it to a former colleague ordered letter with a request to contact the HR department and pick up your work book.

This paper is written in any form. It is necessary to indicate: company name, employee information, date of sending the letter, contacts and other necessary information.

When the employer is responsible for the delay in issuing a work book to an employee upon dismissal

Many company managers use blackmail, threats, and intimidate workers without issuing them a work book in a timely manner. Regardless of the reasons and pretexts for which the employer refuses to issue a document, a former employee of the company has the right to complain about the manager to the authorized bodies or try to influence in other ways.

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What financial liability does an employer bear if he refuses to issue a work book?

If the document is not issued, the employee has the right to demand compensation for lost earnings due to the impossibility of further employment without a work book.

A former employee of the company has the right to demand compensation for lost earnings.

According to Article 232 of the Labor Code of the Russian Federation, it is provided material liability for late issuance of a document to a company employee. In accordance with the employment contract or other agreements, the amount of compensation may be specified.

The law also provides for monetary compensation to the employee. The amount of payments is determined by the amount of lost earnings that the employee could have received if he had a document in his hands indicating his length of service.

The employer has obligations not only towards employees, but also towards the state, in accordance with Article 5.27 of the Code of Administrative Offenses.

For late issuance, the labor manager may receive a fine. The amount varies from thirty to fifty thousand Russian rubles.

Officials and managers of enterprises may be fined from one thousand to five thousand rubles. Individual entrepreneurs - over 5,000 Russian rubles. The company or enterprise is required to pay monetary compensation to the state treasury.

How can an employer compensate for moral damages for the delay in issuing a work book?

Another effective method protection of their rights - to demand compensation for moral suffering. This term in labor law refers to violations of his personal non-property or property rights related to work activities.

The amounts of payments and compensation, when the parties do not reach a common consensus, are established in court. In this case, the limitation period is set at three months.

It is during this period and no later that a former employee of the enterprise can go to court and receive monetary compensation. Human rights authorities take into account all the circumstances and the degree of guilt of the offender.

Administrative liability for refusal to issue documents

Besides material damage former employee, the company may incur other obligations for a document not issued on time. The employer may be subject to a fine in accordance with the administrative code of the Russian Federation.

The dimensions, according to part one of Article 5.27.1 of the Code of Administrative Offenses in the Russian Federation, can be as follows:

On individual entrepreneurs a fine of one thousand to five thousand rubles is imposed.
For companies - from thirty to fifty thousand rubles.
For officials - a warning or an amount from one thousand to five thousand.

In case of repeated offenses, fines may be increased:

for companies and enterprises - from fifty to seventy thousand rubles.
for heads of organizations - from ten to twenty thousand rubles or suspension from work for a period of one or three years.
for individual entrepreneurs - from ten to twenty thousand rubles.

To bring the employer to administrative liability, the employee should contact the authorized labor and employment authorities. According to Article 5.27 of the Code of Administrative Offenses of the Russian Federation, they will help bring the offender to justice.

In cases where, at the request of a former employee of the company, the labor inspectorate is involved, employees will be required to check all the facts. Since most organizations are afraid of being involved in such situations and running into a fine, as a rule, the threat of involving the authorized bodies can help get the work book back.

What to do and where to go if an employee is not given documents upon dismissal

If the employer refuses to return to the employee the documents necessary for further employment, you need to try to find a compromise. If it is not possible to resolve the conflict peacefully, you can move on to tougher actions.

There is a specific algorithm for such situations. This is the only way to protect your violated rights.

So, the procedure could be as follows:

Write an application addressed to general director companies with a request to issue a work book, in accordance with Article 80 of the Labor Code of the Russian Federation.

The application must indicate: position, organization details, passport details, date of application and signature. The employer must understand that the employee is familiar with his rights and understands that he is violating them. Write the application in two copies and submit it to the secretary for approval. Then don’t forget to pick up your copy with an acceptance mark.

If a written request is not accepted, send a registered letter by mail. In this case, it is necessary to draw up an inventory in two copies.

In cases where the above actions did not help, it is necessary to move on to more active actions and contact the supervisory authorities for labor and employment, whose responsibilities include examining such issues.

In addition, a former employee of the organization has the right to file a complaint with the prosecutor’s office. To do this, you should send a complaint and write a corresponding statement. The form of this appeal should be the same as a letter of notification to a company that refuses to return the employee’s personal documents.

Well, the main course of action is to appeal to the judicial authorities with a demand for the issuance of a work book and the recovery of funds for its unlawful deduction. In this situation, it is necessary for labor issues.

About the obligation issue a work book and recovery of compensation for the delay in issuing a work book upon dismissal.

When drawing up a statement of claim for the obligation to issue a work book and to collect compensation for the delay in issuing a work book upon dismissal, pay attention to the fact that the sample may contain several options for writing a claim. You need to choose yours and delete the unnecessary ones. If difficulties arise, please contact professional lawyer.

To ________________________ district court

Plaintiff: __________ (full name) ____________

Representative of the Plaintiff: ____ (full name) ____

address: _______________________________,

telephone: _____________________________,

email mail: ____________________________

Defendant: __________ (full name) _________

address: _______________________________,

telephone: _____________________________,

email mail: ____________________________

Claim price: ____________________________

Statement of claim for the obligation to issue a work book

and recovery of compensation for delay

issuance of a work book upon dismissal

“___” ____________ ____________________________ (hereinafter referred to as the Plaintiff) was hired at _____________________________ (hereinafter referred to as the Defendant) for the position of _________________________________.

The Plaintiff's salary was _____________________, as evidenced by ____________________.

“___” ____________ The plaintiff was dismissed from his position on the basis of _________________, as confirmed by the dismissal order.

The Defendant did not give the Plaintiff a work book on the day of dismissal / belatedly sent the Plaintiff a notice of the need to pick up the work book / belatedly sent the work book to the Plaintiff. For this reason, in the period from “___” ____________ to “___” ____________, the Plaintiff was deprived of the opportunity for further employment due to the fault of the Defendant.

In accordance with Part 4 of Art. 84.1 of the Labor Code of the Russian Federation on the day the employer is obliged to issue the employee a work book and make payments to him in accordance with Art. 140 Labor Code of the Russian Federation. Upon written application by the employee, the employer is also obliged to provide him with duly certified copies of documents related to work.

If on the day of termination of the employment contract it is impossible to issue a work book to an employee due to his absence or refusal to receive it, the employer is obliged to send the employee a notice of the need to appear for the work book or agree to send it by mail. From the date of sending this notification, the employer is released from liability for the delay in issuing the work book.

Article 234 of the Labor Code of the Russian Federation stipulates that the employer is obliged to compensate the employee for the earnings he did not receive in all cases of illegal deprivation of his opportunity to work. Such an obligation, in particular, arises if earnings are not received as a result of the employer’s delay in issuing a work book to the employee.

Based on the terms of the employment contract / 2-NDFL certificate / bank account statement of the Plaintiff, his average earnings is ____________ rub. per month. Thus, the amount of earnings not received by the Claimant for the specified period is ______________________ rubles, which is confirmed by the corresponding calculation attached to this application.

In addition, the illegal actions/inaction of the Defendant caused the Plaintiff moral suffering and caused moral damage, which is estimated by the Plaintiff in the amount of _____________ 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 amounts determined by agreement of the parties. In the event of a dispute, the fact of causing moral damage to the employee and the amount of compensation for it are determined by the court, regardless of the property damage subject to compensation.

Based on the above, guided by Art. Art. 84.1, 140, 234, 237 Labor Code of the Russian Federation, art. Art. 131, 132 of the Civil Procedure Code of the Russian Federation,

ASK:

Oblige the Defendant to give the Plaintiff his work book.
To recover from the Defendant the earnings not received by the Plaintiff for the period from “___” ____________ to the date of issue of the work book to the Plaintiff in the amount of _______ rubles.
To recover from the Defendant compensation for moral damage caused to the Plaintiff in the amount of ________ rubles.

Applications:

Copies of the statement of claim (according to the number of persons participating in the case).
Proof of the fact that the Plaintiff works for the Defendant: a copy of the employment contract.
Evidence confirming the delay in sending the Plaintiff the notice of the need to pick up the work book/delay in receiving the work book by the Plaintiff.
Documents confirming the amount of the Claimant's salary for calculating the amount of lost earnings: copy of the employment contract/copy of the 2-NDFL certificate/copy of the Claimant's bank account statement.
Calculation of the amount of lost earnings of the Plaintiff.
Power of attorney of the representative dated “___” ______ ___ city N ___ (if the statement of claim is signed by the Plaintiff’s representative).

"___" __________ ____ G.

Plaintiff (representative):

________________/_________________________________________________/

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.

They don’t give you your work book after you quit?

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

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

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

Where to go if the employer delays returning the work book upon dismissal?

It is not uncommon that 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 forgot that he was saying goodbye to the employee, got caught up in business, and so on. Where to go?

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

If they don’t issue a work book, try contacting the company’s human resources department.

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

If you work in a large organization, it may have a labor dispute commission, which, in accordance with labor legislation, must 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 labor inspection. In this case, sanctions from government agencies will be much higher.

What if the work book was not issued on time?

If the work book was not issued on time, you should not let such actions of the employer go unnoticed.

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

The result of such an appeal will be the appearance of inspection employees 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 workers are respected.

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

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

Perhaps the employer is putting you in an awkward position with its delay in issuing the document regarding employment for another job, and so on.

You incur losses because you do not receive wages or other income. The employer must answer for this in court, where, in fact, you must invite him.

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

Before going to court, you should know what documents need to be provided to this authority.

Certainly, 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. We will tell you exactly how this document is drawn up in our article.

Where to submit?

Statement of claim according to all the 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 the office of your employer 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 application must be supported by such necessary documents as state duty, must be paid in your name, as well as documents that prove the fact of your work in this organization.

These can be photocopies of an employment contract, an employment 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. How to compile it in accordance with all the rules and legal requirements is in our next paragraph.

How to compose it correctly?

A statement of claim is drawn up on an A4 sheet. Be sure to come to 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 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 general text In your application, you must indicate, referring to articles of the Labor Code, where and in what way your rights were violated.

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

Your statement must also contain estimates of the damage caused to you.. Try not to exaggerate 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 there must be the seal and signature of the plaintiff, that is, you.

What responsibilities are provided?

Failure to issue a work book will result in administrative liability and will result in a fine of three hundred to five hundred rubles.

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

Also, an employee in court can recover from the employer compensation for lost profits, as well as moral damage.

In labor practice, there have often been cases where an employee, for several days of delay in issuing a work book, sued the employer for very impressive sums.

One way or another, if the employer intends to commit an illegal act against you, he does not have the right to do this 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 maintaining the employee’s work record!

Therefore, it is he who bears all the fines. But if the work book was retained not by the employer, but by the HR department by mistake or carelessness, then it is the employee who committed this mistake who is responsible for compensating the losses incurred to the employee.

Penalty for failure to issue labor upon dismissal

The fine for failure to extradite is also imposed, in addition to legislative acts, by the organization itself.

Many organizations establish internal instructions according to which an employee who fails to issue a work book to a quitter on time bears responsibility for the organization established by a local regulatory legal act.

This means that the employee must pay the fine established by the organization.

Material liability

Compensation for delay in issuing a work book

If an employee has not received a work book, he can demand 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 the employee financial compensation without involving government bodies. Labor compensation is paid for each day of delay.

How to calculate compensation correctly?

In order to calculate compensation, you need to estimate how much the 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 an employee’s daily income was one thousand rubles, each day of delay will be equal to this amount.

Thus, by multiplying a citizen’s salary by the number of days withholding, we will obtain the amount of compensation.

Calculation example

For example, Anatoly worked in a large company as a financial analyst and received a salary of 50 thousand per month. Paying for one day of labor for such a specialist cost the company 2,600 rubles.

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

Judicial practice: retention of work record 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 carelessness, lose a work book and spend a long time on its restoration, and meanwhile the amount for compensation grows every day.

Most often in judicial practice There is a case where an employer, trying to take revenge on his employee, tries to hide his book as far as possible and not hand it over for as long as possible. But, unfortunately, most often such employers only make matters 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 towards compensation, but many unlucky employers do not think about this until they come to court on the claim of their employee.

Unfortunately, such situations occur everywhere, and I really want to learn how to deal with them and finally convince 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 tries to get money from a decent employer.

To do this, the employee specifically gets rid of his work record and then, after waiting for a certain period of time to pass, goes to court with a demand to receive compensation.

Unfortunately, sometimes such cases are taken into account and impressive amounts are actually written off from the employer just like that. The reason for this is that the employer, in his naivety, did not require a receipt from the employee for receiving the work permit.

Conclusion

It doesn’t matter whether you are an employee or an employer, you must 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 this employee will soon find himself in life and will remember you kind words for the fact that you taught him a lot and gave him a lot.

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