Initially, an employee in labor relations is in a less profitable position than the employer. Unfortunately, sometimes even reaches the fact that the working conditions resemble the boal. In the twentieth century it is unacceptable. On guard of the order and law in our country there is an employment code, which stops the expensive employers. It was he who, together with the Civil Procedure Code, responds to such a often asked question "How to submit to the employer to court?".
1
Labor disputes are jumped by district courts. The statement of claim, submit to the district court at the location of the respondent organization (Article 28 of the Code of Civil Procedure), in your case the employer.
2
Those who want to protect their labor rights in court should hurry. The legislator established a rather small limitation period for such disputes. So, if you think that you were illegally fired, then you can appeal such a decision within a month from the date of issuing a workbook to you in your arms or award copy of the order. Appealing violations of your labor rights of another kind can be carried out no later than 3 months from the day you learned or should have learned about them.
3
Let you not frighten the fact of independent compilation of the lawsuit. Write it yourself quite real. Just follow Art. 131 Code of Civil Procedure of the Russian Federation, in which the structure of this application is set out. In this article, everything is written on points, but in generalized form. You just need to substitute your data and the respondent data, set out the circumstances of the case and their arguments. Be convincing in your arguments, because they depends on how the court will take.
In confirmation of its arguments, it is necessary to provide evidence, namely, documents or copies of them. Art. 132 GPC contains a list of possible documents that are attached to the statement of claim. In your case, they can be:
copy of the employment record;
a copy of the employment contract;
a copy of the order of dismissal (if you think the dismissal was illegal);
help 2-NDFL form (if a dispute relating to wages).
Labor book and employment contract are on the storage at the employer. He must give you them on the first request. If this did not happen, please contact the trade union with a complaint. If this does not affect, these documents will be exterminated by the court.
5
The requirements of the claim aimed at recovery from the employer of unpaid compensation, no cash flow, is desirable to support their own calculations, as well as accounting documents. As practice shows, the courts will not make a decision without familiarcing such documentation. If you do not attach them to the suit you will do this for you - it will be in forced. However, in this case, the process will delay that it is extremely undesirable for you.
6
The employee is exempted from judicial expenses according to Art. 393 TK RF. This applies to both the payment of state duty and other expenses that it will incur in this process. For example, paying the services of a lawyer who will make you a statement, and perhaps even will be represented by your interests in court, there will be an employer after making a decision by the court in your favor.
Submit to the employer to court - it means it is purposeful to "spoil" with him. But if you decide on a similar step, it means that there were good reasons for this. What to endure and hold on to work on which you are infringed in rights and keep for "serf"? It is better with honor and dignity to exit the winner of the established conflict and find a worthy new workplace.
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