Employers often try to take advantage of the legal illiteracy of the employee, and therefore resort to fraudulent acts. Some working citizens suffer violations for a long time by their superiors. Others are wondering how to sue the employer. This article will discuss the process of processing and filing applications for managers and superiors.
Is it possible to sue the employer?
Labor legislation quite clearly regulates the punishment of employers for abuse of power. The employee does not need to have extensive knowledge of the field of law in order to convict his superiors of fraud and threaten the court. It is enough to carefully read the employment contract and monitor its performance during work. As soon as management begins to create inconvenience, there will be a legitimate opportunity to sue the employer.
At the moment there are two forms of protection of their rights:
- appeal to the commission for the resolution of labor disputes;
- appeal to the court.
The latter method is an extreme measure, and therefore is not always applied. In addition, there are a large number of rules and requirements that are worth paying special attention to.
Conditions for filing a lawsuit
In what cases is there an opportunity to sue the employer? It is worth paying attention to the following points:
- appeal to the labor commission was useless and did not entail any positive results, or the employee was not satisfied with the results.
- Between employers and employees a number of special disagreements arise.
What kind of disagreement are we talking about? The Labor Code of the Russian Federation says about the resumption of legal relations that were terminated illegally, about the transfer from one headquarters to another, about incorrectly paid or completely unpaid salaries. It is also worth noting cases of compensation for involuntary absenteeism, amendments to the date of dismissal and violations committed by one of the parties.
In this case, the grounds for filing a lawsuit in court are more than enough. However, it is worth remembering the statute of limitations. In the case of the labor commission, this is 1 month, and with the court - 3 months.
Rules for filing a lawsuit
If an employee has set himself the task at all costs to sue the leader, then he should be prepared for a whole range of various difficulties and problems.
First, you’ll have to figure out which court you need to file an application with. To do this, it is necessary to correctly determine the subject of labor disagreement.
Secondly, you need to determine the place of the trial. It is worth going to court in the territorial arrangement of the organization in which the citizen carries out his labor activities. Attracted defendant should not be the head himself as a specific citizen, but the whole organization as a legal entity. The lawsuit is filed with a district or city court.
It should be noted that sometimes situations are very complicated and confusing, and therefore resolving them is not so easy. In such cases, it is recommended to consult a specialist in the field of jurisprudence. He will help with the preparation of the claim, will tell you which court to appeal to, and will solve many other issues. The very fact of seeking help from a labor lawyer increases the likelihood of winning a case several times.
Claim requirements
Properly written statement of claim is the key to the successful completion of the paperwork.If the lawsuit is made in accordance with the norms of the law and the problem is described in detail, then half the battle has already been done.
The guarantor of a quality complaint is the hiring of a lawyer. However, even without a specialist in the field of law, it should be remembered that the lawsuit must contain the following points:
- information about the court;
- information about the plaintiff and defendant;
- information on the rights violated by the employer (reason for suing the employer);
- monetary claims against the defendant (optional clause);
- list of applications and additional documentation to the statement of claim;
- signature and date of applicant.
If the plaintiff demands from the employer the previously unpaid salary, vacation pay or other types of payments, then the relevant requirements will have to be indicated in the statement of claim. It is worth remembering that for each late payment interest is accrued.
Complaint to the prosecutor
In what cases can an employee complain about his supervisor not to the court, but to the prosecution system? The law speaks of cases when the employer has repeatedly violated the conditions specified in the employment contract.
An application to the court against the employer is filed when all the facts of illegal actions are known and they do not require proof. However, some bosses so skillfully hide the violations that are proven to be extremely difficult to prove. It is then that the workers are at an impasse: their rights are violated, but they do not know what to do about it.
First you need to find out the address of the prosecutor's office at the location of the enterprise where the citizen works. The statement should detail the essence of the problem and petition for an investigation. It is advisable to attach materials that at least indirectly prove the guilt of the employer. If the results of the prosecutor’s office of the employee are not satisfied, you can contact the higher authorities, for example, the city prosecutor’s office.
Salary non-payment
Not every citizen sues the employer for non-payment of wages. Unfortunately, the concepts of civil liability and legal culture are alien to many Russians. Workers prefer to patiently wait for cash payments and do not want to take any action. This is a big problem for the state: the more often people argue with employers, the more effectively and efficiently a protection system will be built.
What should be done to apply for non-payment of salaries? First you need to contact the authorities themselves. If the answer has not been given, it is worth filing a complaint to the regional branch of the labor inspectorate. Most likely, the inspection will appoint a check and hold the negligent chief accountable. However, the results of the audit do not always satisfy the needs of employees. In this case, a statement of claim is written to the court or prosecutor's office. If the head of the enterprise has not paid salaries for more than two months, interest must be accrued for moral damage.
If the problem with unpaid salaries concerns not only one person, but the whole team, then it would be more logical to turn to a labor lawyer for qualified help - he will help to draw up a lawsuit and achieve success in court.
Illegal dismissal
The second common reason for a lawsuit with an employer is related to illegal dismissal. What is this phenomenon? The law says the termination of the employment contract without legal grounds. Common reasons for dismissal are non-compliance with legal procedures during staff reductions, dismissal without employee benefits, and “etching” of an employee by various forms of discrimination: on racial, religious, ideological, sexual, political or any other basis.
Illegal dismissal must be challenged in court. The employer is responsible, as a result of which he undertakes to pay the dismissed employee wages along with compensation.
Employee rights in case of dismissal not complying with the law
How to sue the employer and recover at work? The whole process of filing and filing a claim is similar to the cases described above. It is only worth noting the basic rights of the employee, which the court can confirm. 
You need to pay attention to the following points:
- making decisions on the payment of material compensation to the employee;
- employee reinstatement
- change of wording of the letter of resignation, etc.
As a rule, a court is limited to only one decision to recover compensation under article 394 of the Labor Code of the Russian Federation.