Statement of claim to court against an employer

How to file a claim

Deadlines for filing a claim

In order for the court to protect the interests of the employee, the latter must write a statement of claim. But before this, it is necessary to collect documents related to labor relations. This can sometimes be difficult to do, since the employer, knowing about the impending claim, will in every possible way “slow down” the collection of documents. This may lead to the fact that the plaintiff, that is, the employee, misses the deadline for filing a lawsuit. These documents can be requested through an official application. Based on Art. 62 of the Labor Code of the Russian Federation, the employer must issue them within 3 days. However, not all workers are aware of their rights.

The claim must be filed in the district or city court at the location of the defendant - that is, the employer. If an employee’s rights were violated in a branch or representative office, then a claim must be filed at the location of the branch or representative office. A claim to resolve labor disputes must be drawn up in accordance with current legislation. An incorrectly completed claim is grounds for refusal to consider it.

When to go to court

The main disputes for which an employee can go to court are those that directly relate to his workplace, job descriptions and wages.

The most common situations:

unlawful dismissal (usually in violation of Chapter 13 of the Labor Code). For absenteeism due to valid reasons or less than four hours;
work without vacations, weekends, compensatory days (violates Section V of the Labor Code);
gray salary - taxes and contributions to social funds are not paid on it (violates the Tax Code);
payment violations (on wages, vacation pay, etc. - sections VI - VII of the Labor Code);
violation of working conditions and safety (section X of the Labor Code). Necessary and required light labor is not provided;
denial of employment not based on the candidate’s business qualities (Article 3, 64 of the Labor Code);
transfer to another job or position without the employee’s consent (violates Articles 72, 72.1 of the Labor Code). Without consent they are transferred under Art. 72.2, 74, 99, 113, 327.4, 349.4 Labor Code of the Russian Federation;
disclosure of employee personal data (Articles 86, 88 of the Labor Code).

These are the main reasons for a claim against an employer, but this list is not exhaustive.

The wife filed for alimony in a fixed amount

Ex-Wife Filed a Claim for Alimony in a Solid Amount of Money - What to Do

1. In the absence of an agreement on the payment of alimony, alimony for minor children is collected by the court from their parents monthly in the amount of: for one child - one quarter, for two children - one third, for three or more children - half of the earnings and (or) other income of the parents . 2. The size of these shares may be reduced or increased by the court, taking into account the financial or family status of the parties and other noteworthy circumstances.

According to Part 2 of Art. 83 of the RF IC, the amount of a fixed sum of money is determined by the court based on the maximum possible preservation of the child’s previous level of support, taking into account the financial and marital status of the parties and other noteworthy circumstances.

7.1. Hello! It is necessary to file a complaint against the court's decision.

Code of Civil Procedure of the Russian Federation Article 56. Obligation of proof

How and where to file claims

The Civil Procedure Code answers how to file a claim against an employer:

to the court office. The set of documents for the court is given to the receiving person, the date, entry number and surname of the receiving person are marked on your set;
by mail - a valuable letter with a description of the attachment (date of submission - date of sending the letter);
in electronic form - scanned copies of documents are sent through the State Automated System “Justice”) and your account on State Services or with an enhanced qualified electronic signature. Through a special form on the court’s website (date of filing - date of sending the letter). The Civil Procedure Code allows for filing a lawsuit against an employer, acting in person (or through a representative with a power of attorney to sign and submit documents).

Claims (with exceptions from Article 26 of the Code of Civil Procedure) are filed in district (city) courts, at the address of the employer (its branch), the place of work (if specified in the employment contract) or the plaintiff’s place of residence - the plaintiff chooses.

A claim should be filed in the magistrate's court against the employer using the methods and places from the first and second paragraphs of this section if the cost of the claim is up to 50,000 rubles. and if the matter does not concern the creation and use of the results of intellectual activity.

Allowed under Art. 122 of the Code of Civil Procedure, filing applications for the issuance of a court order to the magistrate’s court (writ proceedings according to the rules of Chapter 11 of the Code of Civil Procedure), for claims for the collection of accrued but unpaid amounts:

salaries;
vacation pay;
payments upon dismissal;
other accruals to the employee.

The maximum price for such requirements for writ proceedings is 500,000 rubles. (based on paragraph 5 of the resolution of the plenum of the Supreme Court of the Russian Federation dated May 29, 2018 No. 15 and the application of rules by analogy). After the amendments from bill No. 755304-7 come into force, state labor inspectors will be allowed to send orders to repay debts (for these payments) to bailiffs, who will collect them without trial.

It is allowed (under clause 1.1, part 1, article 135 of the Civil Procedure Code) to return the statement of claim if the court finds that the stated claims should be considered in writ proceedings.

Which court should I file my claim in?

Where to file a lawsuit for labor rights violations depends on the amount of the claim. If the cost of the claim does not exceed 50 thousand rubles (for example, wages are being delayed in the amount of 25 thousand rubles), then you can go to the magistrate’s court. In other cases, including claims whose value cannot be determined, you should apply to district courts. These may be courts located at one of the addresses:

legal address of the organization;
address of the local branch of the organization;
permanent registration address of the employee (in case of illegal dismissal);
the address of the place where the work was performed or the service was provided (if this address is reflected in the employment contract).

How to make statements of claim

The Code of Civil Procedure answers how to draw up a statement of claim against an employer - only in compliance with Art. 131 - 132 Code of Civil Procedure, otherwise the application will be left without movement under Art. 136 Code of Civil Procedure.

The text of the claim against the employer must contain:

The introductory block is one below the other on the top right. About the court where the documents are received - its full name and address (postal code, name of the locality, street and house number). About the plaintiff - his full name, residence address, contact details (telephones, emails). About the defendant - his name and location address (postal code, name of locality, street and house number), contact details (telephones, emails). From 03/30/2019 for an organization, individual entrepreneur - INN, OGRN, OGRNIP, if known. Individual entrepreneurs will be allowed to indicate other identifiers from clause 3, part 2, art. 131 Code of Civil Procedure, if known. Amount of claims, if estimated.
The name of the claim is lower in the center (statement of claim for the recovery of specific sums of money, reinstatement, etc.).
The descriptive block is when and how the employment relationship arose, what work was performed by the plaintiff. The essence of the violation of the rights and interests of the plaintiff is stated (refer to the legal norms for the situation). Circumstances - the basis for the plaintiff’s claims with evidence (refer to the legal norms for the situation). Calculation of the required amounts, if the amount of information is small, otherwise is attached as a separate application. Information about appeals to the employer with complaints, to the labor inspectorate or the prosecutor's office, if any. Information about conciliatory actions, if taken by anyone.
Block of claims. “I ask” in the center and a numbered list of demands. Ask the court to restore your rights and interests to the maximum extent possible, to collect from the defendant all monetary debts and compensation that you are entitled to. Include compensation for moral damage (the specific amount will be determined by the court), if you prove it was caused, and expenses for a lawyer, if you hired one, oblige the defendant to reinstate you at work (at your request), etc.
The final block is a set of application documents with a date and signature.

How to write an application correctly

Russian legislation establishes the same requirements for filing an application with a judicial body, the subject of which is a labor dispute, as for other procedural claims.

It is worth considering in more detail the rules for their design:

first of all, indicate personal information about the person who submits the application;
then provide the employer's legal details. In a situation where a claim is filed regarding an employee, first of all, indicate the details of the enterprise, and then information about the employee;
the next paragraph of the application contains information about the judicial panel where the claim will be considered;
further indicate the reasons that provoked the appeal;
then describe the circumstances, the occurrence of which infringes on the rights and interests of the subject of labor relations;
the document ends with an indication of the requirements that the applicant intends to satisfy through legal proceedings.

Please note! Materials that confirm the fact of infringement of rights are attached to the claim. The application along with a package of evidence is accepted by the court secretary.

What is included with the claim?

Documents from Art. 132 of the Code of Civil Procedure of the Russian Federation - evidence for a specific situation and mandatory applications:

power of attorney of the representative - lawyer, if involved;
documents of pre-trial settlement with the defendant (claim and response to it), if complied with. Pre-trial settlement may be specified in the employment contract;
documents on conciliatory actions, if they were carried out and the documents are available;
calculating the cost of the claim if there is a lot of data;
a document on sending to the defendant copies of the claim and other attachments that he does not have (notification);
employer orders (on hiring, punishment, dismissal);
employment contract;
employment history;
payslips;
statement of receipts to your bank account;
certificate 2-NDFL;
labor protection regulations;
inner order rules;
other evidence—substantiation of your position. Support any of your statements from the statement of claim with evidence.

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The evidence required from the employer is provided to the plaintiff upon his written application (Article 62 of the Labor Code). Upon a written application from the plaintiff, the court helps to collect evidence. Copies of documents are attached to the claim (preferably indicating the number of pages for each), and their originals are brought to the court hearing.

What are the upcoming expenses?

Article 393 of the Labor Code of the Russian Federation and paragraph 1 of Article 333.36 of the Tax Code of the Russian Federation exempt all claims under labor law from payment of state duty. The employee will still incur legal expenses, but it is quite possible to return them if the claim is satisfied. To compensate for court costs, you will need a corresponding petition from the party with reference to Article 100 of the Code of Civil Procedure of the Russian Federation. Its text is included directly in the statement of claim in labor disputes.

What is included in the costs:

payment for legal assistance;
payment for notarial services (certification of the representative’s power of attorney, provision of individual evidence);
postage (sending requests, correspondence).

In addition, as the trial progresses, additional evidence may be required, which is only possible with the help of paid specialists - an expert, an appraiser, a translator.

Statistical reports from courts of general jurisdiction indicate that every year employees are increasingly using the right to sue their employer. If there are legal grounds and a convincing evidence base, effective resolution of the dispute in court is quite possible.

Deadlines for filing claims

Art. 392 of the Labor Code establishes the deadline for filing a lawsuit against an employer:

for disputes about dismissal - a month from the date of delivery to the employee of a copy of the dismissal order, work book, or from the date of drawing up an act on the employee’s refusal to receive these documents;
for disputes regarding the payment of amounts due to an employee - one year from the date of expiration of the deadlines established for the payment of these amounts;
for other labor disputes - three months from the day the employee learned or is able to learn about the violation of his rights;
for claims for compensation for harm to health - for an indefinite period (Article 208 of the Civil Code). If you file a claim later than three years from the date the right of claim arose (the damage was caused in 2015, and you file the claim in 2021), the damage will be compensated for the last three years.

If you missed the deadline for a good reason, petition the court to reinstate it, attaching evidence of the reasons for the missed deadline to the petition. Valid reasons are considered:

appeal to the prosecutor's office, state labor inspectorate;
plaintiff's illness;
business trip;
force majeure (natural disasters, epidemics, man-made disasters);
caring for seriously ill family members.

Claims will be accepted outside these deadlines, but after the defendant’s request to skip the statute of limitations, the process will end (to no avail for the plaintiff).

Limitation periods for labor disputes

The statute of limitations for labor disputes is somewhat shortened and this must be kept in mind when preparing for the trial and must be taken into account and not waste time.

Thus, the statute of limitations for individual labor disputes is 3 months from the moment the employee learned or should have learned about the employer’s violation of his rights.

The statute of limitations for disputes related to dismissal is even shorter; it is only 1 month from the date of illegal dismissal, or rather 1 month from the date of issuance of the dismissal order or from the date of issuance of the work book.

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In disputes about non-payment of wages, you have the right to go to court within 1 year from the date when such payments should have been made to you, but they were not. The category of these disputes includes disputes over non-payment of other remuneration due to the employee by law.

Therefore, we always advise not to delay filing a claim in court, especially in disputes about dismissal. Some people make a mistake and file a complaint against the employer with the labor inspectorate, and by law the labor inspectorate has the right to respond within 30 days from the date of filing the complaint. They file a complaint with the State Tax Inspectorate and sit and wait for the weather by the sea, but while they wait, the statute of limitations for dismissal passes, and for other violations it is reduced, and in a month they could have sorted out the problem in court, or before the trial on the claim. Of course, it is possible and sometimes necessary to file complaints with the State Tax Inspectorate, but this must be done in parallel with filing a claim in court or after filing a claim. In our opinion, the court is the most effective means in the fight against labor law violators.

Arbitrage practice

Today, judicial practice is still full of all sorts of labor disputes. The problem of protecting rights remains quite acute to this day. This is evidenced by statistics, which include general civil cases considered by judges. They are in third place. The main topic for consideration is the justification for dismissal and the legality of staff reduction.

How much does it cost to file an application?

The cost of writing an application, which must contain all legal norms, starts from several thousand rubles. It all depends on the reputation of the lawyer and the number of winning cases. The higher the reputation, the higher the price. After all, basically, the lawyer who took on the task of drawing up the claim document can continue to handle your case in the future.

Drawing up a statement of claim

The main document for a case to proceed in court is a statement of claim. The outcome of the case may depend on the correctness of its preparation.

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A statement of claim to court against an employer must contain the following details:

the name of the court in which the case will be heard. In this situation, it is located at the location of the defendant. Even if an employee mistakenly sends documents to his place of residence, they will most likely be forwarded to the necessary court; this will take some time;
all data of the Plaintiff, that is, the person who filed the statement of claim, this includes: full name, passport details, date of birth, place of registration and residence (if different);
all the data of the Defendant that is known to the Plaintiff, in this case this is the full name of the organization, its TIN, legal and actual addresses;
the text of the statement of claim, this part is the most important, it should be drawn up in as much detail and clearly as possible. The main thing is to state the Plaintiff’s demands as clearly and completely as possible and justify them.

Remember! The court considers only those claims that will be indicated in the statement of claim. Submitting additional claims may be rejected or take a long time.

calculations of all due amounts, this is mandatory if we are talking about the payment of funds. The plaintiff must describe in detail how this or that amount required by him arose.
the Plaintiff's signature and the date the document was drawn up.

Download the statement of claim to the court against the employer (sample)

Order drawing up a statement of claim >>

How is the decision of the CCC recorded?

To resolve problems without involving a court, the parties need to reach an agreement within the organization. For this purpose, documents are developed in advance that prescribe the rules for the work of the commission to resolve disputes that arise in the process of employees performing their official duties. The internal normative act must include clear regulations for actions to resolve the conflict if disagreements cannot be resolved through direct negotiations.

Local documentation may contain sample acts that are filled out during the commission’s work. In addition, information containing the following points is described in detail:

the competence of the body acting as a commission;
types of disputes to be considered;
the procedure for obtaining the status of a member of the formation by persons authorized to make decisions;
statute of limitations for convening the CCC;
activities carried out when considering conflict situations;
the procedure for executing the decision;
regulations for the activities of the body.

Documents attached to the statement of claim

The statement of claim must be accompanied by documents proving the validity of the Plaintiff’s claims.

Examples of documents that may be attached to the statement of claim:

a copy of the dismissal order;
a copy of the employment contract and all additional agreements thereto, if any;
a copy of the internal investigation materials (the employer is obliged to provide them at the employee’s request);
copies of payslips;
copies of pay slips for salary payments;
bank card statement confirming receipt of funds;
copies of local regulations of the employer, for example, Internal Labor Regulations and Regulations on Remuneration.
other documents that may relate to the controversial issue.

Note! In the statement of claim, you should not refer to documents that cannot be attached, or the information in them will obviously be different from what is indicated in the claim.

Filing a claim

In the upper right corner you must indicate which court the application is being written to. For example, “To the city court of Korolev, Moscow region,” then “Plaintiff” - full name, position and address of residence in the nominative case, then “Defendant” - also the full name of the employer, his address. If the defendant is an individual entrepreneur. Then you must indicate his full name. Then in the center of the sheet you need to write “Statement of Claim...”. The reason for filing the claim is stated here. For example, “Statement of claim to establish the fact of labor relations.” Then it is necessary to describe the problem in “dry” legal language, how labor rights were violated, under what circumstances, the date and time (preferably) of the violation. The problem must be described in as much detail as possible so that the court does not have any questions and can immediately proceed to consider the case. In the claim, it is advisable to indicate the norms of labor legislation that the employer violated.

After presenting all the information, the plaintiff must write his demands. For example, “based on the above, I ask you to cancel the disciplinary sanction” or “reinstate me at work.” The claim must be accompanied by copies of the employment contract, work record book, as well as all evidence of violation of the employee’s labor rights that the latter managed to collect.

Procedure for submitting documents to court

Is there a statute of limitations for filing a lawsuit against an employer? The first thing you should pay attention to before filing documents with the court is the statute of limitations.

For illegal dismissal it is one month, for financial issues three months.

Sometimes it happens that deadlines are missed for a good reason, for example, an employer fired an employee retroactively.

In this case, you will need to submit an application for reinstatement of the missed deadlines and attach evidence that the reasons for the absence were valid.

Advice! It is for this reason that when signing various documents from the employer, you need to put only the actual date.

If everything is in order with the deadlines, then you need to send a statement of claim to the court with all the documents attached to it.

Labor disputes

Documents held by the employer can be requested by filling out an application in accordance with Article 62 of the Labor Code of the Russian Federation. Documents are issued within three days and must be properly certified. See and download a sample application for the issuance of copies of work-related documents here: https://vseiski.ru/zayavlenie-o-vydache-dokumentov-svyazannyx-s-rabotoj.html

Before going to court, the plaintiff needs to decide what result he wants to get, what consequences he expects, and whether he can continue the employment relationship. At first glance, such issues are unimportant, but usually the employer reacts negatively to the fact that the employee goes to court with any demands and is reluctant to comply with the court’s decision.

How to sue your employer

You can submit documents in two ways:

personally present the documents to the court reception. In this case, you need to have two copies of documents so that one can be marked with the date and number of the application received by the court;
send by registered mail with notification or even with an inventory.

After the documents have been accepted, all that remains is to wait for the hearing to begin; the timing depends on the workload of the court.

Remember that the outcome of the case may depend on the correctness of the statement of claim . If you need help preparing this document, please write about it using the form below or leave a request in the “Online Documents” section.

My ex filed for alimony in a lump sum

Ex-Wife Filed a Claim for Alimony in a Solid Amount of Money - What to Do

1.3. I recommend filing a claim for the collection of alimony at the defendant’s place of residence, i.e. in Ukraine, this will be faster and will be executed faster. I can offer my assistance in drawing up a claim and sending it to court, as well as obtaining a writ of execution and sending it to OGIS for execution.

7.5. There may be an unexpected court decision for the wife. The court will be based on the cost of living in the region. May receive less than expected.

7.1. Good afternoon - the amount will depend on the income certificate that you submit to the court.

3. My husband has children from his first marriage and paid alimony in the amount of 33% of his earnings. And the ex filed for alimony in a fixed amount, which for us is 15,000. Officially, he works and his salary is 20,000. The court did not look at this and still awarded this amount. What to do in this situation. There are no children together.

7.3. Hello, Alexey. Clarification: Is child support paid for a minor child?

Sample statements of claim to court against an employer

You can DOWNLOAD samples of statements of claim to court against an employer using the links below:

Claim for recovery of wages and monetary compensation for delay in payment
Statement of claim for recovery of monetary compensation for unused vacation upon dismissal of an employee
Statement of claim for recovery of unpaid premium
Statement of claim for recovery of severance pay
Statement of claim for recovery of wages due to delay in issuing a work book
Statement of claim against an employer for non-payment of wages
Statement of claim against an employer for illegal dismissal
Statement of claim to the court against the employer for the recovery of funds
Statement of claim to court against the employer for failure to issue a work book
Statement of claim against an employer for refusal of employment
Suing an employer for discrimination
Statement of claim to court against employer for dismissal
Statement of claim to court against employer for payment of bonus

Pre-trial procedure

Before filing an application to court, the plaintiff must try to resolve the conflict out of court. As a settlement measure, a claim is sent to the employer indicating the requirement.

The application is drawn up in the amount of 2 pieces, one copy is submitted to the manager, the other with a receipt mark remains with the employee.