Claim for collection of arrears of wages

What does the legislation guarantee regarding wages?

Labor legislation protects the rights of employees to receive wages in full and on time (Article 130 of the Labor Code of the Russian Federation):

The minimum wage has been established (Article 133 of the Labor Code of the Russian Federation).
Salaries are paid at least every half month (Article 136 of the Labor Code of the Russian Federation).
The employer's liability for violation of labor legislation has been established (Article 142 of the Labor Code of the Russian Federation and Article 5.27 of the Code of Administrative Offenses of the Russian Federation).

In case of violations, the employee has the right to file a pre-trial claim with the company for non-payment of wages or immediately contact the regulatory authorities and the court. And also suspend work if the delay exceeds 15 days.

If salaries are not paid on time, employees must be paid compensation for each day of delay in the amount of at least 1/150 of the Central Bank discount rate (Article 236 of the Labor Code of the Russian Federation).

IMPORTANT!

Personal income tax is not withheld from compensation for delayed wages.

Features of the complaint to the employer

If you decide to write a claim to your employer, then, depending on the reason for filing such a document, check the statute of limitations for the labor dispute. So, in cases of reinstatement to work, they are only a month. In such cases, it is better to file a claim, as well as a complaint to the labor inspectorate and the prosecutor's office of the Russian Federation. It's much more efficient. In addition, in the vast majority of cases, working for an employer is extremely uncomfortable. Therefore, people are reinstated, collect wages and quit of their own free will.

A pre-trial claim to an employer is drawn up according to general rules. In the text of the document you indicate the essence of the dispute, provide arguments for the illegality of the actions of the employer or its representatives in the organization and your requirements. The employer has the right to verify the information specified in the complaint and bring the perpetrators to disciplinary action. Therefore, in such cases, the results of the claim will have to wait.

How to file a petition for suspension of work due to non-payment of wages

If wages are delayed by more than 15 days, employees have the right to suspend the performance of work duties. The employer must be notified of this in writing. Employees have the right to continue the suspension of work until the debt is paid in full.

How to write a claim for wages and suspension of work

Suspension of work is not allowed:

when a state of emergency is introduced;
in the bodies of the Armed Forces of the Russian Federation;
in organizations ensuring the security and defense of the state and population;
in organizations that ensure the life of the population (energy, water, gas and heat supply, communications, emergency medical care);
civil servants;
in particularly hazardous industries.

Contents of a claim for non-payment of wages

References to the above articles of the Labor Code are usually present in the application drawn up by the employee. Before writing a complaint to your employer, it is useful to look at the Criminal Code. This will allow the negligent management to be reminded of the contents of Article 145.1 of the Criminal Code. In accordance with this rule, for deliberate failure to pay wages for more than 2 months, you can be imprisoned for 3 years. If the lack of money in the family (due to the fault of the employer) has led to serious consequences, the responsible person can be jailed for up to five years. For example, if non-payment of wages to the father of the family led to the fact that the parents had nothing to buy medicine for the child, which is why his condition sharply worsened.

A letter of claim is sent to the head of the company that failed to pay the employee’s wages in a timely manner. The main purpose of this document is to warn superiors about the employee’s intention to fight for his rights. A claim for violation of deadlines for payment of wages is the last opportunity to peacefully resolve the labor dispute that has arisen.

The complaint informs the organization's management about the violation of the employee's labor rights and tells what exactly it is. In this case, the employee must indicate:

from what time and in what position has he been working in the company, on the basis of what employment contract;
what amount of salary is guaranteed to him by the signed contract;
how long has he not received the funds he earned;
what is the amount of debt generated?

Where and when to complain about an employer for non-payment of wages

The employee has the right not to wait for a voluntary transfer of wages from the company, but to immediately file a complaint with the regulatory authorities or file a claim in court. A labor dispute claim is submitted to the labor inspectorate, prosecutor's office or court.

The labor inspectorate, based on an employee’s application or on behalf of the prosecutor’s office, conducts an extraordinary inspection of the employer and forces him to fulfill his obligations to pay wages. In addition, the company will be subject to a significant fine for violating labor laws:

from 30,000 to 50,000 rub. — on the organization;
from 10,000 to 20,000 rub. - to an official.

The employee has one year from the date of non-transfer of wages to file a claim in court (Part 2 of Article 392 of the Labor Code of the Russian Federation).

Example of a complaint to an employer

To the Director
of Parnamana LLC

P.S. Stavridin

from Redko Anna Arkadyevna,

address: 629078, Salekhard,

Karl Marx Boulevard, 17-83

Claim for wages

On April 20, 2021, I was hired by Parnamana LLC as a sales manager, the official salary in accordance with the employment contract is 15,000 rubles. When I was hired, I signed an employment contract, however, in violation of the requirements of Art. 67 of the Labor Code of the Russian Federation, the second copy was not given to me. Just as I was not familiar with the employment order, which should have been issued before November 23, 2016 (Article 68 of the Labor Code of the Russian Federation).

I worked in this position until March 20, 2021, when I was dismissed of my own free will. However, in violation of Art. 140 of the Labor Code of the Russian Federation, I was not given wages for March 2021, compensation for unused vacation. In the work book issued to me, there was no record of hiring and dismissal, which is a violation of my rights guaranteed by the Constitution of the Russian Federation.

In addition, I contacted the Pension Fund to obtain information about the deductions made for me during the period of my work at Parnamana LLC. I was surprised to discover that there were no contributions from the organization for the insurance part of my old-age pension and funded pension.

In this connection, based on the norms of the Labor Code of the Russian Federation and the legislation of the Russian Federation, I demand that within 5 days from the date of receipt of this claim, pay wages and compensation for vacation in non-cash form by transfer to my bank card. In addition, I ask you to clarify the reasons for non-payment of insurance contributions, make deductions, and also make an entry in the work book.

Otherwise, in order to protect labor rights, I will be forced to go to court with a statement of claim to establish the fact of labor relations, to collect wages, compensation for moral damage and expenses for the services of a representative.

03/25/2017 Redko A.A.

A lawsuit - how to do it right

If all of the above actions do not produce results, go to court. In the face of non-payment of money, you have to think about how to collect documents, file a claim, and not miss deadlines without the help of a lawyer. First of all, let's look at the timing.

The general rule for the time limit for filing individual labor disputes in court is 3 months from the moment the employee became (could have become) aware of a violation of rights (Article 392 of the Labor Code of the Russian Federation, Part 1). At the same time, cases of non-payment of wages require a longer period - 1 year (Article 392 of the Labor Code of the Russian Federation, part 2).

Resolution of the Plenum of the Armed Forces of the Russian Federation dated March 17, 2004 No. 2 (clause 56) states that if an employee does not resign due to delay or incomplete payment of wages, the deadline for going to court for him in all cases will not be missed.

If dismissal occurs, the period is counted from the date of dismissal. If the deadline is missed for a good reason (for example, a proven injury or illness of the employee), the court may reinstate it.

When going to court, the following procedure is followed:

Preparation of a package of documents.
Filing a claim.
Preliminary proceedings.
Court.
Judgment. If the claim is satisfied, it is formalized by a court order.
Sending the order for execution to the bailiff service.

The package of documents consists of:

statement of claim;
copies of passport data;
income certificates;
job description;
labor agreement;
employment order;
calculation of salary arrears;
bank statements with payment transfer details;
other documents additionally confirming the fact of debt.

If the employee has already been fired, a copy of the work record book confirming the dismissal is needed.

An additional factor in favor of the employee will be evidence that he has already tried to resolve the issue pre-trial, for example, he has contacted the State Tax Inspectorate, the CTS, the prosecutor's office, or with a statement to the employer.

At the stage of preliminary proceedings, the parties in court try to come to an agreement, present their arguments, and often find a solution. If this does not happen, a court date is set. The administration has the right to challenge a court decision made in favor of an employee within ten days. At the same time, the employee may demand, in addition to repayment of the debt and interest for late payment, compensation for moral damage (Labor Code of the Russian Federation, Article 237, paragraph 2).

It is mandatory to calculate salary arrears. It is made by the plaintiff on the basis of data received from the employer: either as a separate document or in the text of the claim.

If the employer's representatives refuse to provide documents required by the court, the employee has the right to submit a written request. The employer must respond and provide all documents within three days after receiving the request (Labor Code of the Russian Federation, Article 62).

If it is customary for a company to issue salaries or part of them “in envelopes”, unofficial documents can serve as proof of the actual amounts due: receipts, “gray statements” for previous months, confirmed by the signatures of employees, any other documents. Testimony from witnesses and colleagues can also help. It should also be borne in mind that a positive decision in favor of the employee leads to the need to pay additional personal income tax.

Actions of an employee if wages are not paid

A claim or lawsuit for non-payment must be prepared by the employee as soon as possible. This is due to the fact that the active opposition of employees in practice leads to the speedy repayment of debts.

Contacting the labor inspectorate

The very first action on the part of employees is to contact the labor inspectorate. The application is drawn up in free form and must contain a detailed description of the circumstances under which partial or complete withholding of employees’ wages is allowed. For its part, the inspection can resolve the conflict in the following ways:

issue an order demanding full repayment of the debt;
send a statement to the prosecutor's office.

If the conflict has not been resolved within a week, then you can move on to the following methods of influence.

Going to court

It is advisable to prepare a petition to the court in the case when the employee is confident that the money will not arrive in his account in the near future. Otherwise, it will be impossible to hold a legal entity liable, but you will only be able to claim a penalty. Thus, the employee will spend time and money on legal costs, but this will not affect the achievement of the result.

If a citizen decides to go to court, then it is better to prepare a class action lawsuit, which will increase the chances of a speedy consideration of the dispute and its positive outcome.

Application to the prosecutor's office

The prosecutor's office is a law enforcement agency authorized to protect the interests of employees. Therefore, a citizen can independently file a complaint to the prosecutor. The application is prepared in free form, additionally attaching documents confirming the fact of the violation: explanations of witnesses, a certificate from the accounting department, a bank statement for a personal current account.

Sample applications

Sample application to the inspection:

Example of a statement of claim to the court:

Sample application to the prosecutor's office for non-payment of wages:

When should you write a statement about non-payment of compensation upon dismissal?

To the resigning employee, the employer, without any special reminders or requirements, in accordance with Part 4 of Art. 84.1 of the Labor Code of the Russian Federation is obliged on the day of termination of the employment contract:

issue a work book or provide information about work activity (Article 66.1 of the Labor Code of the Russian Federation);
make a full payment - give the employee all amounts due upon dismissal (Article 140 of the Labor Code of the Russian Federation).

If on the day of dismissal the employee was unable to receive the specified documents and money, then Art. 140 of the Labor Code of the Russian Federation orders the employer to pay the appropriate amounts and issue all the necessary papers no later than the next day after the dismissed employee submits a request for payment.

If disputes arise about the amount of amounts due to the employee upon dismissal, the employer is obliged to do so as specified in Art. 140 of the Labor Code of the Russian Federation, the deadline to pay the amount not disputed by him.

Thus, an application from the employee will be required in the case when he did not receive the required amount on the day of dismissal. Sometimes several applications will be required to different authorities (trade union body, labor dispute commission, State Labor Inspectorate, prosecutor's office or court).

In any case, the first application should be submitted to the employer. Find out how to do this in the next section.

What is included in the calculation

The final amount due to a person when he leaves his job includes:

payment for the time actually worked;
compensation for unfulfilled vacation;
severance pay;
other payments provided for by law and the employment contract (depending on the individual characteristics of each case of dismissal).

Moreover, if an employee has a debt to the company (and such cases are not so uncommon), then when calculating the calculated payments from the total amount, the amount of the debt is minus.

Debts are considered not only advances issued, but also days of rest actually not worked out, but taken towards the future vacation.

How to submit a request

You can transfer the document to the employer in different ways:

the most reliable and fastest way is best - personally from hand to hand to a responsible employee of the company right at his workplace;
send the demand by mail - registered mail with return receipt requested - this method guarantees receipt of the letter by the addressee;
It is also possible to send the demand with a proxy, but only on the condition that the representative has a notarized power of attorney in his hands.

Sample claim for recovery of wages

To the magistrate of court district No. __

(name of location area) (full name)

Plaintiff: (full name, address) ________________________

Defendant: (name, address) _________________

Statement of claim

on recovery of wages and compensation for moral damage

I worked (position, work performed) at (at) (name of enterprise) since (date, month, year).

I entered into an employment contract with the Defendant, according to which my monthly salary is ______________________.

According to Art. 21 of the Labor Code of the Russian Federation, an employee has the right “to timely and full payment of wages,” and in accordance with Art. 22 of the Labor Code of the Russian Federation, the employer is obliged

“pay the full amount of wages due to employees.” However, over the last _______ months I have not received wages, namely ________________ rubles.

I have repeatedly appealed to the Defendant’s management with demands to pay the wages due to me in full, but my legal demands were not satisfied.

The defendant did not pay me a total of ___________ rubles. This amount was obtained as a result of the following calculation: _____ (calculate the amount of debt that the employer must pay).

I also believe that my employer, through his illegal actions, caused me deep moral suffering.

Based on the above and guided by Art. 22, 382 of the Labor Code of the Russian Federation and Article 23 of the Civil Procedure Code of the Russian Federation, I ask:

1. To recover ______ rubles from the Defendant. unpaid wages.

2. To recover ______ rubles from the Defendant. for compensation for moral damage.

Application:

1. A copy of the statement of claim.

2. A copy of the employment contract.

3. Certificates of accrued wages.

date signature

Comment by SPROS

Something bad happened: you were fired. And what’s even worse is that they didn’t pay their salaries. It is not possible to agree with the employer on payment of the required monetary compensation

The only option left is to go to court.

According to Art. 392 of the Labor Code “Time limits for applying to court for resolution of an individual labor dispute”, “an employee has the right to apply to court for resolution of an individual labor dispute within three months from the day he learned or should have learned of a violation of his right.”

In other words, for the statute of limitations to begin, the employee must contact his former employer and preferably receive a written refusal to pay wages.

From the day following the refusal, the limitation period begins to run: that is, the rule that the limitation period begins to run from the day when the employee realized (not to confuse awareness with assumptions) the very fact of a violation of his rights to fair wages.

What compensation (in addition to the salary due) can be claimed in a statement of claim?

The Labor Code provides for the only acceptable form of “punishment” for a negligent employer - in the form of compensation for moral damage.

Since neither the amount of moral damage nor the criteria by which its size is determined have been established by law to date, the amount of moral damage is determined by the court at its own discretion.

If the company you worked for declares itself bankrupt, further actions can be carried out according to two schemes:

The first is filing a claim in court when the bankruptcy procedure has already been opened. In this case, the district (magistrate) court will recommend that you file a separate application with the Arbitration Court.

The second scheme will operate when you already have a writ of execution in your hands, but before its execution the employer company declared bankruptcy, in which case you again have the right to apply to the Arbitration Court to include you among the creditors.

Statement of claim for recovery of monetary compensation for delayed payment of wages

Sample statement of claim for the recovery of monetary compensation for delayed payment of wages.

The plaintiff refers to the fact that he resigned from the organization of his own free will, however, the employer paid the due wages to the plaintiff not on the day of dismissal, as stated in the Labor Code of the Russian Federation, but later than he violated the requirements of the law. Demands are made to recover monetary compensation from the employer organization in favor of the employee (plaintiff) for delayed payment of wages.

A sample statement of claim is posted on the official website of the Pechorsky District Court of the Pskov Region (pechorsky.psk.sudrf.ru).

To Pechora District Court

Plaintiff: (last name, first name, patronymic in full)

(postal code and full address, telephone)

Defendant: (name of organization, enterprise)

(postal code and address in full, telephone numbers of the organization)

STATEMENT OF CLAIM

on the recovery of monetary compensation for delayed payment of wages

________ 20 __ I was hired at (specify organization, enterprise) as &hellip (specify position). Until __________ 20__, I worked in the specified position, performing work &hellip (specify which one).

________ 20__ I was dismissed from my position at my own request, which is confirmed by the dismissal order from &hellip. (insert date).

In accordance with the provisions of Art. 80 of the Labor Code of the Russian Federation, on the last day of work, the employer is obliged to issue the employee a work book and other documents related to work, upon the employee’s written application, and make a final payment to him.

However, payment was made to me only &hellip. (insert date).

In accordance with the provisions of Art. 236 of the Labor Code of the Russian Federation, if the employer violates the established deadline for the payment of funds due upon dismissal, the employer is obliged to pay them with interest (monetary compensation) in the amount of not less than one three hundredth of the refinancing rate of the Central Bank of the Russian Federation in force at that time from amounts not paid on time for each day of delay starting from the next day after the due date for payment up to and including the day of actual settlement. The obligation to pay the specified monetary compensation arises regardless of the employer’s fault.

The number of days of delay was &hellip. (indicate number of days).

The refinancing rate of the Central Bank of the Russian Federation on the day of filing this claim is:

Thus, the amount for delayed payment of wages is &hellip. (give detailed calculation).

Based on the above, in accordance with Art. Art. 80, 236, 391 Labor Code of the Russian Federation,

I ASK THE COURT:

Collect from &hellip (specify organization) in my favor &hellip. rubles for delayed payment of wages.

Based on sub. 1 clause 1 art. 333.36. The Tax Code of the Russian Federation is exempt from paying state duty.

Application:

1. copy of work record book

2. copy of the statement of claim for the defendant

3. copy of the dismissal order

4. salary certificate for the last 12 months

Sample claim to employer for payment of wages

To the Managing Director of LLC _________

______________________________________

from lawyer Khoruzhenko A.S.

CLAIM

I hereby inform you that, on the basis of the concluded agreement, I represent the interests of S. The subject of the agreement to provide him with legal services is the restoration of violated labor rights and compensation for losses incurred in connection with this.

As follows from the documents submitted for study, on the basis of the concluded employment agreement between LLC ________ and S., the latter carried out labor duties as a copywriter for a long time. In the opinion of the principal, during the period of validity of the agreement, LLC ___________ committed significant violations of the current labor legislation, including improperly carried out its obligations to pay the indicated wages.

When analyzing the documents submitted by the principal and the information provided by him, these circumstances were confirmed.

With this claim, I am informing you that I am taking steps to collect the necessary documentation and obtain additional information regarding violations by LLC ______ of labor and criminal legislation in relation to S. If LLC _____ refuses to pay S.’s debt, he will be forced to seek protection of his rights and legitimate interests to law enforcement and judicial authorities, which will entail additional material costs on his part, which will be collected in accordance with current legislation from LLC ___________, in particular compensation for moral damage, payment for representative services, interest for the use of other people’s funds, state duties . If there are signs of a crime or an administrative offense on the part of the organization’s management, officials of ______ LLC will also bear the responsibility provided for by law.

In connection with the above, I ask you to consider resolving the conflict that has arisen to satisfy the interests of both parties. Based on the results of consideration of this claim, I ask you to contact me within a reasonable time using the specified contact information.

___________________/Khoruzhenko Alexey Sergeevich/

The applicant was hired in the marketing and advertising department of an organization. The employer issued wages to the applicant in two ways: one part of the wages according to pay slips, and the other in cash in an envelope. Upon dismissal, the applicant was given a work book and part of the salary was paid. However, part of the applicant’s salary was not paid. The applicant demands payment of arrears of wages. Compensate for moral damage caused and pay for legal services.

OOO __________________

Legal address: __________________

Actual address: __________________

From _________________________________

Address: _____________________________

Claim

____________ I, ______________, was actually hired in the marketing and advertising department of _____________ LLC (legal address: _________________________) for the position of brand manager, but the employment contract was concluded with me only on ________. (Order No.______ dated ____________).

Throughout my entire career, I conscientiously fulfilled my job duties, did not violate labor discipline, did not have any penalties, and valued my reputation.

The employer LLC ____________ gave me wages in two ways: one part of the wages in the amount of __________ rubles according to pay slips, and the other part of the wages in the amount of ___________ rubles in cash in an envelope, which are not taken into account when taxing this organization.

___________ g. The employment contract concluded between me and LLC ______________ was terminated on my initiative in accordance with clause 3, part 1, art. 77 of the Labor Code of the Russian Federation (Order No._____ dated ____________).

Upon dismissal, I was given my work book and paid part of my salary in the amount of _______ rubles. However, part of the salary in the amount of ________ rubles for the last 2 months (the total amount of debt is ________ rubles) was not paid to me. The employer did not explain any reasons or grounds for this non-payment.

In accordance with Art. 140 of the Labor Code of the Russian Federation, upon termination of an employment contract, payment of all amounts due to the employee from the employer is made on the day of the employee’s dismissal. If the employee did not work on the day of dismissal, then the corresponding amounts must be paid no later than the next day after the dismissed employee submits a request for payment. In the event of a dispute about the amount of amounts due to the employee upon dismissal, the employer is obliged to pay the amount not disputed by him within the period specified in this article.

Thus, all amounts due to the employee from the employer were not paid to me on the day of dismissal. These actions of the employer put me in a difficult financial situation and created negative consequences for me, since I was forced to borrow money from friends and acquaintances and resort to using a credit card several times.

In accordance with Art. 2 of the Labor Code of the Russian Federation, based on generally accepted principles and norms of international law and in accordance with the Constitution of the Russian Federation, the basic principles of legal regulation of labor relations and other directly related relations, among others, recognize the right of every employee to timely and full payment of fair wages ensuring a decent human existence for himself and his family, and not lower than the minimum wage established by federal law.

According to Art. 1 of the Labor Code of the Russian Federation, the goals of labor legislation are to establish state guarantees of labor rights and freedoms of citizens, create favorable working conditions, protect the rights and interests of workers and employers.

In accordance with Art. 355 of the Labor Code of the Russian Federation, the activities of the federal labor inspectorate and its officials are carried out on the basis of the principles of respect, observance and protection of human and civil rights and freedoms, legality, objectivity, independence and transparency.

The main tasks of the Federal Labor Inspectorate are:

ensuring compliance and protection of labor rights and freedoms of citizens, including the right to safe working conditions

ensuring compliance by employers with labor legislation and other regulatory legal acts containing labor law standards

providing employers and employees with information on the most effective means and methods of compliance with the provisions of labor legislation and other regulatory legal acts containing labor law norms

Article 360 of the Labor Code of the Russian Federation establishes the procedure for organizing and conducting inspections of employers. The subject of the inspection is the employer’s compliance in the course of its activities with the requirements of labor legislation and other regulatory legal acts containing labor law standards, compliance with orders to eliminate violations identified during inspections and to take measures to prevent violations of labor law norms and to protect the labor rights of citizens. One of the grounds for conducting an unscheduled inspection is an employee’s request or statement about the employer’s violation of his labor rights.

Thus, I was forced to file a complaint with the Department of State Tax Inspectorate of the Moscow Region for the Central Territorial District of Supervision to protect my violated rights.

In accordance with Art. 362 of the Labor Code of the Russian Federation, managers and other officials of organizations, as well as employers - individuals guilty of violating labor legislation and other regulatory legal acts containing labor law norms, are liable in cases and in the manner established by the Labor Code and other federal laws.

To resolve this labor dispute and draw up a statement of claim and claim addressed to you, I had to seek legal assistance from ____________ LLC, paying money in the amount of ___________ rubles for the service provided to me.

According to paragraph 1 of Art. 15 of the Civil Code of the Russian Federation, a person whose right has been violated may demand full compensation for the losses caused to him, unless the law or contract provides for compensation for losses in a smaller amount.

Clause 2 of Art. 15 of the Civil Code of the Russian Federation establishes that losses are understood as expenses that a person whose right has been violated has made or will have to make to restore the violated right, loss or damage to his property (real damage), as well as lost income that this person would have received in normal circumstances. conditions of civil circulation, if his right had not been violated (lost profits).

Since I do not have a legal education, and drawing up a claim is difficult for me, I do not have knowledge of the rules of civil procedure, I needed to seek legal assistance, and in this regard, I believe that I have the right to compensation for the expenses I incurred for legal services in full.

In accordance with Article 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 to the employment contract. 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.

I estimate the moral damage caused to me by the illegal actions of my employer at ________ rubles.

Based on the above, guided by art. Art. 140, 362 of the Labor Code of the Russian Federation, Art. 15 of the Civil Code of the Russian Federation,

I demand:

1. Pay me back wages for two months in the amount of __________ rubles.

2. Reimburse me for expenses incurred in connection with seeking legal assistance in the amount of __________ rubles.

3. Pay me compensation for moral damage in the amount of _________ rubles.

If my demands are refused voluntarily, I will be forced to file a claim in court.

_______________2014 _________________________________________

Comments on the document Sample dated June 15, 1995. Statement of claim for recovery of wages.

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Claim for refund cheap sample
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June 24, 2021

Is there any point in filing a complaint?

The claim can hardly be considered an effective way to solve problems arising in the relationship between the employee and the employer. The fact is that the employer’s actions are rarely spontaneous.

This means that the employer justifies and considers any of his actions in one way or another, thus a claim that does not oblige him not only to satisfy the requirements contained in it, but even to simply respond to it, is unlikely to bring at least some result.

However, writing a claim may be justified, for example, in cases where:

the dispute is not fundamental for the employer, and he can satisfy the employee’s demands so as not to provoke the initiation of civil proceedings;
the writing of the claim is caused by the need to suspend the statute of limitations. This can happen if for some reason the statute of limitations is coming to an end and the employee does not have time to file a claim in court;
writing a claim is caused by the need to create an additional evidence base for the court, for example, in the case where the employee does not have confirmation of the existence of an employment relationship with the employer.