Collective complaint against a manager: reasons for writing, how to file, what threatens management

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Published: 10/12/2018

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Conflicts in teams arise quite often. Subordinates can express their dissatisfaction with the current situation in the form of a collective appeal to management or another authorized body. A collective complaint means a written statement on behalf of the entire staff of the organization or a certain part of it, in which they reflect existing violations on the part of management, and also put forward a number of demands.

• Rules and features of drawing up a collective complaint Application form
• Where is it served?

The reasons for employees to file a complaint may be a violation of their labor rights, as well as the emergence of interpersonal conflicts. Violation of labor rights usually consists of the following:

• Violation of the terms of payment of wages or unlawful change in its size, in accordance with Art. 142, art. 236 of the Labor Code of the Russian Federation (LC RF);
• employer's refusal to formalize labor relations , wrongful dismissal or non-compliance with working conditions (Article 234 of the Labor Code of the Russian Federation);
• violation of labor protection requirements in the workplace;
• failure by the employer to comply with the conditions specified in the employment contract or local regulations.

Internal conflicts between subordinates and management also negatively affect the overall performance of the organization. In most cases, such situations do not require intervention from senior management, but sometimes the conflict cannot be resolved without taking additional measures. The grounds for writing a collective complaint may include:

• deliberate sabotage by superiors;
• obscene behavior on the part of the manager , affecting the honor and dignity of other employees;
• rudeness and insult to subordinates , including physical force.

All of the above actions by management can serve as grounds for filing a written complaint by one employee, as well as by the entire team.

What is a collective complaint?

A collective complaint against a manager is a statement drawn up by a group of company employees containing a description of the violation committed by the management and a demand to correct this injustice.
This document is compiled as a measure of influence on management. It can be sent both to the company’s senior management and to the competent authorities - labor inspectorate, prosecutor’s office, court, etc.

This document is drawn up on behalf of a group of people, so it must be signed by all employees of the company.

Attention! Consideration of this complaint takes place in a special manner. This document cannot be ignored, so great importance is attached to it.

Registration

In order for the document to have legal force, it is sufficient only to collect the signatures of all persons involved in the protection of the employee. However, for insurance purposes, so that it can later be possible to prove the existence of the letter, it is registered. It’s good if the company has a secretary position, and the letter is addressed to the manager. Then you can note the fact that the document exists with the secretary.

If desired, you can appoint one employee as an authorized person so that he accurately reflects the general opinion.

Actually, this is how it is always done. The most proactive, encouraged by a large number of employees with a coinciding point of view, forms a document, collects signatures, etc.

Grounds for writing a complaint

The procedure for writing a collective complaint is considered by labor law.

They also define the grounds on which it can be compiled:

1. Violation by the company administration of the obligations stipulated by employment agreements.
2. Discrimination against company employees in the scope of labor relations.
3. Coercion to perform labor functions, including under threats.
4. Failure to provide information regarding compliance with the terms of the employment contract.
5. Violation of the existing principles of social partnership.
6. Establishment of labor functions by an employee that are not provided for by labor functions.
7. Violation of the standard working day or week.
8. Failure to comply with labor protection.
9. Other violations of the collective agreement.
10. Failure to comply with the amounts of remuneration for workers established by law and employment contracts.
11. Refusal to compensate for damage caused to a company employee.
12. Harassment by a manager against employees of the company.

Complaint about sabotage

The actions of the company's management may be deliberate in nature, aimed at causing harm to the entire team of the enterprise. This situation can occur when the management of a division of the company takes deliberate measures to disrupt the work of the department.

In this situation, employees of such a structural unit can collectively file a complaint addressed to a superior manager, attaching all orders, orders, memos issued by the head of the department and confirming the fact of sabotage at the enterprise by mid-level managers.

Complaints against managers by employees to a higher organization are less common than complaints against heads of structural divisions.

Violations of labor laws

The main grounds for filing a collective complaint are violations committed by the company’s management in the field of labor legislation.

The employer must comply with all conditions that he must provide within the scope of labor legislation.

Attention! Therefore, if employees see that such violations are being committed, they can file a complaint against the general director of the company as a whole.

Signatures

At the end of the letter in defense of the employee, there must be signatures of all persons who share the point of view presented on paper. Moreover, they should be named both generally (for example, “warehouse employees”) and by name.

After the main content of the document there is usually a special list or, for convenience, a table. It lists:

• Full name of the signatory;
• his position in the organization (if any);
• contact phone number, address;
• and the signature itself.

The presentation of this data is necessary in order to avoid the unfoundedness of the compiled documentation.

There are times when one collective letter does not bring the desired result. If this is the case and the decision is made to write something new, then it may be more convenient to have a ready-made list of signatures.

In order not to collect signatures several times, it will be more convenient to place the table with “autographs” on a separate sheet and call it “Appendix 1”.

The text of the letter contains a link to the generated application.

If signatures are drawn up on a separate sheet, then when generating the next letter to another person (for example, to a higher, controlling organization), you will not have to collect them again.

Making a claim

It is important to comply with all requirements for filing a collective complaint, as failure to comply may result in the complaint not being considered or being rejected.

It is imperative to take into account the body to which this collective statement is sent, since for certain authorities it is necessary to strictly adhere to the form of this document.

Let's take a closer look at the recommendations for drawing up a collective complaint.

Complaint structure

When drawing up a regular complaint against management on behalf of the team, a free form can be used.

The recipient of this application must be indicated. You don't have to include information about the senders in the header. It will be enough to write down that the application is submitted by a group of employees of the enterprise.

After the name of the document is reflected, the main part of this document is recorded. It describes the current situation, accurately and reliably states the fact of the violation committed by the company's management.

Compilation rules

First of all, a collective letter is a business document. It should contain polite requests to take into account some of the nuances of the case, show compassion towards the employee, or take into account his positive qualities.

Under no circumstances should you use colloquial expressions, become rude, threaten or be rude. This will not contribute to making a constructive decision on any issue.

The most effective collective letters in defense of an employee are written competently, reasoned, with a specific statement of the problem and a polite request. The attached sample and letter form, of course, are not the only possible form of presentation. They only outline the line of presentation.

Submission methods

The completed document can be sent to the recipient in several ways:

1. Personally take the complaint to the recipient and hand it over to him.
2. Send a complaint through the post office or courier service.
3. Submit a complaint online.

In writing

A written complaint can be submitted either directly to the recipient or sent by mail.

For personal transfer of a document, a representative of the team is selected, who goes to the appropriate recipient and gives one copy to him. On the second complaint form, it is advisable to receive a mark indicating that it was accepted.

Attention! The representative of the team can be the person who originally compiled this document.

Online

There are several services on the Internet that allow you to generate collective complaints to the relevant authorities. There you need to enter data strictly according to the template, and then send it through telecommunication networks.

Transfer nuances

The letter should be drawn up in 2 copies. Copies of signatures are attached to one. Any enterprising person can take documents to the required authority. Meanwhile, some authorities require the personal presence of applicants when submitting claims. If we talk about Moscow, then such bodies are the Prosecutor General’s Office and the President’s Reception Office.

On both copies the secretary of the body or institution must put a stamp or other mark with the date of adoption. The letter with copies of signatures remains with the organization. The second copy with a mark is taken by the activist.

Where can you send a complaint?

Senior management

Employees can complain about their immediate supervisor to their superiors (if there is one). For example, branch employees can send a complaint against the branch manager to the head office.

The procedure for writing a complaint against a boss to higher management is no different from an individual appeal, but must be signed by the entire team.

Trade union organization

Workers can organize a trade union body that is authorized to resolve issues of protecting their rights. Also, such a public organization can be created in a locality.

The trade union can speak on behalf of dissatisfied employees and negotiate with the employer. This body can also help draw up appeals to regulatory authorities.

Trade union members have the right to visit the workplaces of those citizens who have applied to the body to protect their rights.

Labor Dispute Commission

An enterprise can create a local body representing the executive branch - a labor dispute commission (LCC). It is organized both at the initiative of employees and the employer himself. Decisions made by the commission are binding.

However, the CCC is empowered to consider only individual labor disputes. To file a collective complaint, you must contact other authorities.

Labour Inspectorate

It must be remembered that the labor inspectorate is not empowered to collect debts to employees from the company. For these purposes it is necessary to go to court.

The Labor Inspectorate acts as a government agency that is authorized to monitor compliance with labor laws.

A collective complaint to the labor inspectorate must be drawn up on behalf of all interested members of the labor collective and submitted to the inspector.

Based on the received request, the inspectorate conducts an unscheduled inspection. If violations are subsequently discovered, a fine may be imposed on the organization and officials in accordance with the Code of Administrative Offenses.

Prosecutor's office

The prosecutor's office is authorized to receive complaints from citizens regarding violations of the law. A collective appeal from employees regarding violations of labor legislation at the enterprise can also be submitted to this body.

The process of filing a collective complaint against a boss to the prosecutor’s office is no different from filing individual complaints.

Elements of writing

The document is formatted in the same way as most business letters. The header indicates the address: from whom and to whom the letter is sent. If an organization appears (for example, a letter is addressed to the boss), then its name must be indicated.

Formulation

The main part states the request and briefly describes the employee’s merits and positive qualities. In order for a letter to have the necessary effect, you need to adhere to certain principles:

• Respectful, adequate wording of phrases.
• Use of factual data: dates, numbers, listing the general list of merits of the protected employee.
• It is possible to use compliments to the recipient. This is not about rude flattery. Acceptable expressions are: “Knowing your great capabilities” or “Admiring your organizational skills.”
• Number of participants. It is known that a single appeal will not have the same effect as a letter signed by 100 or more people.

It is worth keeping in mind that even with a strong desire to protect and save a fellow employee from dismissal, the result of such assurance is not guaranteed. After all, if an employer decides to resort to dismissal for a gross violation of labor duties, then he has the right to do this, regardless of the opinions of employees.

This possibility is clearly stated in Article 81 of the Labor Code (specifically, in its sixth paragraph).

Deadlines for responding to collective applications

The same deadlines are established for responding to collective complaints as for individual complaints.
The maximum period for consideration of a received complaint is 30 days. But under normal conditions, applications are usually considered within 15 days.

After this period, a written response is issued and sent to the specified address. If time is needed to establish the circumstances of the violation, the inspector uses the entire period during which he interviews the necessary witnesses, requests documents, etc.

If the complaint was filed due to wrongful dismissal, it must be considered within 10 days.

Attention! If it takes more time than 30 days to receive information on requests, this period can be increased to 60 days. But this can only be done once, and the law requires written notification of applicants about this step.

Text Features

Before writing a collective letter, you need to think through the wording.

The requirement text should be short. At the same time, it is necessary to select clear wording. There should be no double interpretation of words. In addition, phrases should be chosen as general as possible. In this case, more signatures can be collected and a wide range of issues can be resolved.

Let's look at an example. In one of the settlements, people collected signatures against the construction of a shopping center. The procedure took place during public hearings on the issue of issuing a document on the basis of which a construction permit is issued. This document is the urban planning plan of the site. As a result of the hearings, it was decided that the residents spoke out against the construction, but not against the registration of the GPZU. Accordingly, the issuance of this document automatically implies construction.

What is the threat to management from a collective complaint?

After the audit, management may be subject to the following responsibilities:

• Material - expressed in the payment of monetary compensation to employees for a violation committed (for example, for wages issued in violation of the deadline);
• Administrative - is expressed in the imposition of fines both on the official himself and on the organization. It is imposed according to the Code of Administrative Offences. If such a violation is recorded again within a short period of time, the sanctions are increased, up to and including disqualification of the official;
• Criminal - only the manager himself can be brought to justice if the violation was committed on a large scale and for the purpose of obtaining personal gain. Punishment, depending on the violation, can range from a fine to imprisonment.

Who is serving?

You can make a whole list of people from whom a complaint can be filed, but it would be more correct to consider the most common options:
- residents of the house who are dissatisfied with the behavior of a neighbor or neighbors (loud noise, a drinking neighbor, unclean behavior, maintaining a brothel that threatens other people’s property and people’s health);

— residents of the building who are dissatisfied with the work of the management company (lack of cleaning of staircases, delay in repairs, maintenance of the pipeline and other overpasses in disrepair, improper performance of their utility duties);

- people who have suffered from police or bureaucratic arbitrariness (extortion, provoking bribes, beatings, dereliction of duty);

- parents whose children are experiencing certain problems in kindergartens and schools (negligent attitude of teachers towards children, rude and unpedagogical communication between the class teacher and students, threats in the classroom, insults, etc.)

— subordinates whose boss violates labor laws and harms the production process (delays wages, forces them to work at unregulated hours, insults and morally humiliates employees, practices illegal dismissals or non-dismissals).

Although the list could be significantly expanded, the examples presented can provide an understanding of the subject of the complaint.

Formulation of requirements

It is important to formulate phrases clearly. It is advisable to formulate requirements point by point. Typically, the requirements are stated in the following form:

“In connection with the above, guided by Federal Laws (names or numbers), I ask:

1. Conduct an investigation into the issues outlined in this appeal, identify those responsible and bring them to justice.
2. Ensure compliance with the requirements of the Federal Law (name, number).
3. Send the response to the request to (address).”

The letter can indicate the form in which the response should be received. In some cases, it is better for it to be posted on the local administration website. Applicants can also indicate the specific address of one of the signatories.

In housing and communal services

Only residents who are registered in a building where there is poor performance of public services can submit an appeal. Let us note the main reasons for complaints:

1. Dirt, garbage in the entrance and surrounding area.
2. Poor preparation for the heating season.
3. Faulty home equipment (elevator).
4. Low level of service.

A collective complaint should be filed with the management company. Only if you ignore it, contact Rospotrebnadzor or the prosecutor's office. The higher the authority that considers the claim, the more reasoned evidence will be required. For example, video filming with a mountain of garbage around the house. A low temperature (less than 18°C) must be recorded by a representative from the DEZ.

Collective letter to protect an employee from dismissal: sample, design rules

Letter of appeal from the museum staff to V. Koloskov, in support of director Margarita Astemirovna. Published We are all extremely upset by this message, we are simply plunged into a depressive state. Some of the employees were about to leave with Margarita Astemirovna. These are the most experienced specialists who have studied the museum business over the years of work. In the museum, in reality, there will be no one to carry out the main activities. Even if new workers come, they will not become museum workers very soon. In our small team, every person who worked with M. Not to mention those who have been working with her for a long time, who saw how it all began, how gradually, thanks to great efforts, perseverance, enthusiasm, and an exceptionally creative approach to business, the museum was transformed. In a distant city. We know about all this from the chronicle of the museum. How later, in the city. How these thousands of samples, sometimes of unbearable weight, were lifted to the 2nd floor of the museum by people whom M.