Collective complaint of workers against an employee of the organization. Rules for writing a collective complaint in various situations. Sample of a collective complaint

Disputes related to labor relations can be resolved by submitting letters to the competent authorities. Such appeals are usually submitted by a person whose rights have been violated. At the same time, in practice, situations are not uncommon when the employer’s actions violate the labor rights of entire teams.

In such cases, submitting an individual letter is inappropriate. Most the best option, a collective application is submitted to the manager. Such a collective letter from employees to the manager is an expression of general disagreement on a particular labor issue. Due to the collective nature of the letter from employees to the manager, this document has a number of features.

How is a collective complaint under the Labor Code of the Russian Federation written and where is it submitted?

A collective letter from employees to an employer is drawn up according to a specific template. To write such an appeal, you must comply with a number of unified standards. If we talk about the specifics of collective appeals, then they must contain information about all submitters. That is, the document must include information about all persons who signed it.

In order to identify these persons, it is necessary to reflect passport data, as well as the place of actual residence. The specified information should be included at the beginning of the appeal, or reflected after the main text.

A collective appeal from an employee against an employer can be submitted to control authorities. In relation to organizations, these are:

• Inspectorate for the Protection of Labor Rights. It is very important to correctly draft appeals in accordance with the articles of labor legislation. The fact is that any violation of labor rights is a non-compliance with one or another norm of the Labor Code of the Russian Federation;
• Pension Fund of the Russian Federation, where you can address requests for payments of “black” or “gray” wages.
• Prosecutor's authorities. An employee of an organization can complain against the manager to the prosecutor's office in connection with a violation by the enterprise or organization of any provisions of the law.
• Court. This is an important body in the system of protection of labor rights. You can address claims to the court against Sberbank, the Central Bank, and Housing and Communal Services.

Thus, any employee, and especially the work collective, has the right to submit general letters to several different government bodies.

Collective complaint against the manager

Such appeals are submitted from two or more persons. At the same time, the manager’s actions must violate their rights. The content of the appeal is to inform the competent authorities about the fact of violation of labor rights. Therefore, it is necessary to draw up a document based on violations common to submitters. If everyone writes about their own, then the essence general circulation will be lost.

Sample download

A sample letter is available from each of the above organizations. There is simply no specific form. The main thing is to accurately and specifically express your claim.

How to write a collective complaint against an employee of an organization

A sample collective complaint against an employee of an organization should consist of several parts:

• introductory note, which contains an indication of the submitters and the enterprise whose actions violated their rights. The submitters and persons whose actions are being challenged should be identified. This is important because a collective demand will be a reason for scrutiny of the organization. Moreover, according to general requirement, notification of the results of the check will be sent. It will be addressed to the first submitter or to whomever it is indicated. If there are no exact addresses, then the document is considered anonymous. Accordingly, no verification will be carried out on it and the request will remain without consideration;
• the main part, which includes a list of circumstances that will confirm the arguments of the appeal;
• the final part of the letter includes the specific demand of the team. This could be a requirement to pay wages, charge money for overtime, and so on.

How to write a complaint against a teacher to the school principal - sample

The specified requirement must include one general content or a number of wishes that will follow from its content. In a collective document it is necessary to express general idea, which is shared by all submitters.

Complaint to the head of the bank about unlawful actions of bank employees

A complaint against Sberbank to the Central Bank is a tool for resolving your problem. A complaint against a Sberbank employee will be a way to get the desired result. If the fact of illegal actions of such an employee is proven, he will be forced to pay a serious fine.

Often, the entire team of the organization suffers from the behavior of the boss and his questionable decisions, which leads to serious problems with the effective fulfillment of their duties by this team. job responsibilities. In this case, the best solution would be to file a collective complaint against the manager to his superiors. Eg, to CEO organization if the complaint is filed against the branch manager.

If this did not lead to the desired result or there is no superior above the boss at all structural unit, then the complaint should be filed with the labor inspectorate, prosecutor's office or court. And in this case drafting a complaint on behalf of the team should be approached very carefully. The final result largely depends on this.

What is a collective complaint?

A collective complaint is understood as a statement that is written not on behalf of one employee, but on behalf of the entire team of employees of the organization or some part of it. Collective statements always look more solid than individual complaints. It does not matter to whom they are submitted - to the top management of the company or to the supervisory government agency.

Collective statements against the director are usually a strong argument in favor of the fact that the violations described in the document actually occurred. If such complaints are submitted to the labor inspectorate or the prosecutor's office, they will be under special control. This means that the likelihood of an inspection and elimination of the violation increases sharply.

Unfortunately, collective statements are not very popular, despite their effectiveness. This is usually due to the fact that employees are simply afraid of a deterioration in relations with the employer, even to the point of losing their job.

Grounds for writing a complaint

Applications against the director of an organization are submitted in all cases of malicious violation of the labor legislation of the Russian Federation.

The main reasons for filing a complaint are the following misconduct by management:

• fraud with wages employees (delay, non-payment, salary reduction or illegal deprivation of bonuses);
• rudeness, rudeness and insults towards their subordinates;
• inducing employees to perform duties that are not specified in their job description(or not provided for in the employment contract);
• violation of labor protection rules at the enterprise;
• sabotage of the production process;
• ignoring orders from superiors (arbitrariness, tyranny).

How to write a complaint against management?

To correctly file a complaint against your boss, you should follow general rules drawing up statements. It should be written in a neutral tone in dry business language. The complaint is drawn up in free form, providing a detailed presentation of all the circumstances of the case. It will definitely contain:

• The name of the organization to which the complaint is being filed (or an indication of the position and full name of the person who will consider it);
• Personal data of the applicant (full name, place of permanent or temporary registration, position) and his contacts (telephone, Email). In the case of a collective complaint, you can simply write “from the collective of workers of such and such an enterprise” or list the full names of these workers, if there are not too many of them;
• Description of violations by the head of the enterprise. Information is provided about which and whose rights were violated, the name and position of the boss is indicated, and links are provided to articles of laws directly related to the violation. In the text of the complaint itself, it is best to use the pronouns “we”, “us” and the like. You should speak on behalf of the entire team of workers;
• A list of demands put forward by employees to the person who will consider the application (dismissal of the director, conducting an audit, payment of delayed wages);
• List of appendices (documents that will serve as evidence of violations and the legality of contacting the regulatory organization);
• The date the application was written, full name and signatures of all employees whose rights were violated.

Any written documents, audio recordings and video recordings confirming violations, as well as photographs and witness statements are used as attachments to the complaint. For example, with the help of voice recordings it is very convenient to record illegal orders of a boss or insults towards subordinates.

Collective complaint to senior management submitted in two copies, one of which remains with the employees. A mark of acceptance is placed on it - the full name and position of the person who accepted the document and the date of acceptance of the document.

Deadlines for responding to collective applications

If a complaint is filed with a state or municipal supervisory authority, then the period for its consideration should not exceed 30 days, which are counted from the date of acceptance of the document. In the event that a collective appeal is sent to senior management, maximum term its consideration is indicated in the text of the complaint itself. This period must be reasonable and acceptable to both parties. The standard response time for such complaints is 10 days..

The written response must indicate not only the proposed solution to the problem, but also the specific time frame within which this solution will be implemented. If a refusal is received in response to a collective complaint, then it must be well-reasoned.

Before drawing up a collective claim, it is important to hold a meeting of all workers who will sign on it. It is necessary to find out their opinion on the issue under consideration in order to come to a common denominator.

It makes no sense to write a statement to the entire workforce at once. It is better to appoint one responsible employee who will objectively reflect all the circumstances of the case in the complaint, and the remaining employees will simply put their signatures on the finished document. Before drawing up the document, you should take the phone numbers of all employees who will sign the document. This will allow you to easily contact them if necessary to clarify details.

When the actions of a managerial employee cause harm to the production process, there is often some violation of the existing one.

Often bosses are rude to their subordinates. In various situations, employees have the right to draw up a document such as a collective complaint against their boss. A sample certificate is described in this article.

The boss must first of all be a human being!

To bring a managerial employee to certain responsibility, you can file a complaint about the following actions:

• Violation of the established payment procedure.
• Deadlines are not met, payment instruments are given to employees in envelopes, are missing, etc.;
• Illegal demands such as performing duties not specified in the signed document;
• Assigning additional working hours at odd hours;
• Violation of established labor protection rules. Workers are not provided with the necessary protective equipment, their workplaces are not properly equipped, the production process is organized with certain safety violations;
• A managerial employee is rude and insults subordinates;
• The orders of higher management are not followed, resulting in a decrease in the quality of productivity.

You can file a complaint regarding unlawful actions of a manager by contacting the following authorities:

1. To a senior manager, or to the organization itself;
2. Special supervisory authorities, labor inspection, prosecutor's office, tax;
3. Police;

Before drawing up such a collective complaint, it is necessary to collect evidence regarding the claims being made. Each described fact must be documented.

Voice recordings, photographs or any video materials, various memos or some other materials may also be considered as evidence.

Representatives of the team must correctly, without errors, present their claims in formal business style. A single sample of a collective application for a managerial employee is not provided for by law. The text should contain descriptions of facts with specific evidence that should be determined in the documents.

The video explains how to properly file a complaint:

When should you file a complaint?

Sexual harassment will not be tolerated!

Let's figure out when you need a manager. As mentioned above, often the reason for filing a collective complaint is the infringement of the labor rights of employees.

Such rights refer to the rights of a person in a certain employment relationship. Consequently, infringement of full-time employees’ rights is considered a violation of the manager’s labor duties to the employee.

The employment contract outlines all the rights of employees, and these issues are also considered in the Labor Code of the Russian Federation. When such rights are violated by a manager, there is a violation of certain provisions of the employment agreement, which is considered a valid reason for filing a collective grievance.

Consequently, drawing up a collective complaint against a manager can be framed as a matter of controversial issues, as well as a violation of direct duties to an employee. However, it is necessary to carefully weigh all the arguments before making such statements.

It is necessary to figure out whether the manager is really wrong and whether there is a violation of labor laws when specific employees are considered as persons who do not deserve any privileges.

It is necessary to make a complaint only in a situation where there is complete confidence in your own rightness. IN otherwise such requests will not be granted after review by management. If such a complaint is not resolved, the employee may not earn a very good reputation. This may ultimately affect the attitude towards the employee.

In addition to violation of labor rights the real reason filing a complaint against your boss may be a violation of human rights. This violation means an inappropriate attitude of a manager towards a subordinate as a person. The following reasons may be considered:

• Rudeness, boorish behavior;
• Disrespectful attitude;
• Using swear words towards a staff member;
• Insulting an employee, his family or friends, etc.;
• Assault;
• Sexual harassment.

Such complaints imply certain characteristics. First of all, you need to understand that such behavior leads to a deterioration in relations in the existing work team.

This ultimately leads to a deterioration in the efficiency and effectiveness of work. Senior management is always interested in extracting maximum benefits from the work of their enterprise.

An employee can file a lawsuit in a situation where the complaint is not properly satisfied. Since such actions are taken as a result of unsuccessful labor relations between the defendant and the plaintiff.

Such processes have a negative impact on the organization’s reputation. Therefore, it will only be more profitable for senior management to remove such a managerial employee from performing his duties if he does not know how to behave appropriately with subordinates.

Violation of labor laws

The boss has no right to violate the rights of the employee as a citizen

When the actions of a managerial employee lead to a violation of the labor rules of the working personnel, in order to file a specific complaint it will be necessary to collect evidence of the violations committed.

Such a process will always require creativity. You can use all available information confirming the fact that a certain violation has been committed.

Such evidence includes:

1. Sound recordings and video materials;
2. Logs indicating the time spent performing job duties;
3. Notes, etc.

Each offense must be stated in the complaint with a definition of what specific evidence can support it.

To draw up such a document, you will have to use a sample. A complaint against a managerial employee is no different from other appeals to various authorities.

Filing a complaint against a boss is carried out according to the following principle:

• A hat with the name of the addressee, information about the applicant and methods for maintaining contact with him;
• Such a document must necessarily be characterized as a complaint;
• In the introduction, it is necessary to determine the essence of the relationship connecting specific applicants with the violator;
• The main part of such documents are facts of violations with certain evidence;
• The final part contains a request to the managerial employee to analyze the actions of the violator, give them a specific assessment, and try to restore the rights of the labor collective violated by the managerial employee.

Such complaints are considered an official document that can be used by the team in the process legal proceedings or in the process of establishing specific circumstances with the involvement of law enforcement officers.

Situations often arise when managers, for certain reasons, may shirk the normal performance of their immediate responsibilities to the team. This could cause some harm to all employees.

Before drawing up a collective appeal, you will have to collect evidence so that the claims presented do not turn out to be unfounded.

Expert lawyer's opinion:

If we are talking about a collective complaint against the boss, then the subject of the complaint is a violation of labor legislation. That's all! In this case, violation of labor safety regulations may also apply to labor legislation. Creating safe working conditions is the responsibility of the employer.

From a legal point of view, you can only complain about a violation of a right protected by law. However, a collective complaint against the foreman, foreman, shift supervisor, or workshop addressed to the head of the enterprise is possible on any issues related to the organization of labor and the production process. If you decide to go to court, availability legal grounds Necessarily. Without specifying the law that was violated, statement of claim will not be accepted by the court.

If you encounter any difficulties or need competent advice, please contact our specialists.

Gennady Tikhonov

Articles written

A complaint is a right enshrined in law to express one’s claims in writing, both regarding the activities of government and other organizations, and regarding the actions of a particular citizen. There are several types of such expression. The most common of them is individual.

In the case of an individual claim, a citizen independently tries to appeal the actions or inaction of an opponent. In turn, group complaints may be more successful, but also more time-consuming and protracted. The possibility of its writing is confirmed by current legislation.

Typically, a collective filing of a complaint is a need to continue the steps already taken on the path to justice. That is, a citizen could repeatedly appeal to the authorities in order to restore the rule of law, but for some reason this was denied to him. For example, it is much easier to prove the fact of extortion by a teacher of money through coercion to provide paid services.

General positive trait It also lies in the mentality of our population. A general complaint implies one originator, whose demands and statements are signed by the others. This is much easier than looking for ways to justice yourself.

A collective claim should not contain an explanation of the reasons for filing it from each participant. For example, in the village of Zeleny, a social worker does not fulfill his obligations, namely, does not visit elderly people and does not help them with housework. A collective complaint should not specify the reasons for the dissatisfaction of each resident individually; they must be written, combined into a general sentence, without specifying affiliation with specific individuals.

Features of the expression of the general will

A collective complaint is in fact practically no different from an individual one. Despite this, it is worth noting a few special characteristics. The number of people to draw up a document is listed as two or more.

An important factor will be a single sample of a collective complaint. It is important to write correctly the general event that gave rise to the appeal. Any fact inconsistent with others in the statement will be accepted in favor of the person whose actions are subject to appeal.

It is necessary to indicate and write down all the inaccuracies in the observance of laws, their violations and other oversights. In the header of the document, it would be advisable to write the names of the people who signed, and not the staff of the enterprise. According to the law, consideration of such an appeal is possible only if there is information about the persons involved.

How to write a sample

The complaint is written by hand on a standard size sheet of paper. They begin to write from the upper right corner, indicating the exact and full name of the organization, address information, names and addresses of citizens who will sign the document. The title is written in the middle - the type of complaint, below is the main text. It is recommended to write the document in a business style.