The author posted a question in Legal Advice
If the employer after dismissal does not give back the work book? and got a better answer
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Write a complaint to the labor inspectorate and claim to the court To ____________________________ name of the court intermunicipal district court of _______________________ Plaintiff: _______________________ Full name of the organization Address: _______________________ Respondent: ____________________ name of the organization Address: _______________________ ASK for recovery of wages in connection with delay in issuing a labor book I _______________________________________ worked in the organization Full name of the plaintiff _________________________________ from ______________ to _______________ name of the organization for the position ____________________. By order N ______ of ____________ I was dismissed from my position under Article ______ of the Labor Code of the Russian Federation from ______________ _____ date of dismissal In accordance with Article 84.1 of the Labor Code of the Russian Federation when terminating an employment contract the employer must give the employee a work record book on the last day of the dismissal. However to date I have not received a copy of my work record book despite my repeated requests Under Article 234 of the RF Labor Code the employer must compensate the employee for the unpaid salary in all cases of illegal deprivation of employment, including in cases where the employer delays providing the employee with a work record book In connection with the above and on the basis of Articles 62 234 of the RF Labor Code Articles 131 - 133 of the RF Civil Procedure Code I SUBMIT 1. To exact from ___________________________________________________ name of the organization - employer a salary in the amount of ___________________________________________ rubles for the period of delay in the issue of a work record book from ___________ to the date of its actual issue Appendix: 1. Copy of the claim to the defendant 2. Other available documents shall be attached by the claimant, and in case of their absence or the administration's refusal to provide them, shall be demanded by the court Note. According to subpara. 1 п. 1 clause 333.36 part. 2 Tax Code of Russian Federation from payment of state duty are released: plaintiffs - on claims for recovery of a salary a monetary maintenance and other requirements following from labor legal relationship as well as on claims for recovery of benefits
Write a complaint to the labor inspectorate and claim to the court To ____________________________ name of the court intermunicipal district court of _______________________ Plaintiff: _______________________ Full name of the organization Address: _______________________ Respondent: ____________________ name of the organization Address: _______________________ ASK for recovery of wages in connection with delay in issuing a labor book I _______________________________________ worked in the organization Full name of the plaintiff _________________________________ from ______________ to _______________ name of the organization for the position ____________________. By order N ______ of ____________ I was dismissed from my position under Article ______ of the Labor Code of the Russian Federation from ______________ _____ date of dismissal In accordance with Article 84.1 of the Labor Code of the Russian Federation when terminating an employment contract the employer must give the employee a work record book on the last day of the dismissal. However to date I have not received a copy of my work record book despite my repeated requests Under Article 234 of the RF Labor Code the employer must compensate the employee for the unpaid salary in all cases of illegal deprivation of employment, including in cases where the employer delays providing the employee with a work record book In connection with the above and on the basis of Articles 62 234 of the RF Labor Code Articles 131 - 133 of the RF Civil Procedure Code I SUBMIT 1. To exact from ___________________________________________________ name of the organization - employer a salary in the amount of ___________________________________________ rubles for the period of delay in the issue of a work record book from ___________ to the date of its actual issue Appendix: 1. Copy of the claim to the defendant 2. Other available documents shall be attached by the claimant, and in case of their absence or the administration's refusal to provide them, shall be demanded by the court Note. According to subpara. 1 п. 1 clause 333.36 part. 2 Tax Code of Russian Federation from payment of state duty are released: plaintiffs - on claims for recovery of a salary a monetary maintenance and other requirements following from labor legal relationship as well as on claims for recovery of benefits
Response from 0[+++++]
is a gross violation of labor law. The most effective thing to do is to apply to the prosecutor's office or the labor inspectorate.
is a gross violation of labor law. The most effective thing to do is to apply to the prosecutor's office or the labor inspectorate.
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Your employer is obligated to give you your work record book within a few days, in accordance with labor law! You should turn to the prosecutor's office with a complaint about the illegal actions of the employer.
Your employer is obligated to give you your work record book within a few days, in accordance with labor law! You should turn to the prosecutor's office with a complaint about the illegal actions of the employer.
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So you are considered to be formally at work and you should be paid as for forced absence, i.e. in full. Go for two and a half months and then go to the labor inspectorate or the court with a claim for recovery of wages.
So you are considered to be formally at work and you should be paid as for forced absence, i.e. in full. Go for two and a half months and then go to the labor inspectorate or the court with a claim for recovery of wages.
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if at your request they do not give it to you, you write to the employer in writing. and if within three days you do not give him all the necessary documents, including the workbook, go to the prosecutor's office. you can also ask the court if you still plan to sue him, for example, for recovery of wages
if at your request they do not give it to you, you write to the employer in writing. and if within three days you do not give him all the necessary documents, including the workbook, go to the prosecutor's office. you can also ask the court if you still plan to sue him, for example, for recovery of wages
Response from 0[+++++]
need to go to court with a claim against the employer. Lawyer Efimova L.V.
need to go to court with a claim against the employer. Lawyer Efimova L.V.