How to correctly write a complaint against an employee of an organization and the grounds for filing it?

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Published: 10/05/2018

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In almost every work collective there are employees who perform their duties in bad faith. This can lead to an unfair redistribution of responsibilities between other workers, who have to work harder and take on the responsibilities of a colleague.

• Complaint against an employee: grounds
• Procedure for filing a complaint against an employee
• Filing a complaint against an employee and its structure
• Where to file a complaint against an employee
• Ways to file a complaint
• Time limits for consideration of a complaint

In such a situation, a good way out would be to file a complaint against the employee with a demand to take action and eliminate the violation of labor discipline.

What behavior in the workplace is considered unlawful?

The rules of conduct for an employee at an enterprise with colleagues, management, clients and partners must be defined in local regulations, as well as in the rules of business communication.

The Labor Code stipulates that any employee must communicate taking into account professional, corporate, and social norms.

Each employee must be familiarized with the adopted regulations upon signature. Thanks to this, he will have clear criteria by which his behavior will be assessed as unlawful.

Insult

This offense is expressed in the employee’s unlawful actions towards a third party, which led to the humiliation of his honor and dignity.

The use of obscene language, comparing an opponent with some animate or inanimate object, etc. can be considered an insult.

Very often, insults can be found between colleagues, as well as among superiors towards their subordinates.

Boorish behavior

Rudeness involves rude, insolent behavior or statements made by an employee. Most often, rudeness affects everyone around and is not directed at any person.

Usually, rudeness acts as an expression of the employee’s superiority over the people around him. Often this behavior can be found among colleagues who hide their incompetence.

Refusal to perform assigned duties

When signing an employment agreement between an employee and the administration, he undertakes to fulfill the duties assigned to him by this document. But sometimes a situation arises when an employee refuses to perform these duties.

This right is given to him by labor legislation, but only in situations where the administration does not fulfill its obligations to pay wages, or for other valid reasons.

Attention! In other situations, refusal to perform duties for an employee will be a serious disciplinary offense that may have consequences for him.

Manipulation in relationships

Manipulation assumes that an employee will use the weakness of another person in order to obtain some benefit.

Manipulation can be observed not only between colleagues, but also between superiors and subordinates. Sometimes the fact of manipulation is very difficult to determine.

However, if the second, injured party detects the presence of manipulation, it can complain about this to higher authorities.

Important

It is quite difficult to prove manipulation; in addition, this offense cannot be qualified as a disciplinary violation. Here, only public censure can be used to combat it.

How to write a collective complaint against an employee at work (sample), a collective complaint against an employee

In Russia, it is not customary to complain about each other, but there are situations when a collective complaint against an employee is the only way out of the current situation.

And although the collective letter does not have a strictly regulated form, it is necessary to compose a statement for a colleague correctly. At first glance, a collective complaint against an employee, a sample of which you can download below, looks quite simple.

But everywhere there are pitfalls. An incorrectly drawn up document can turn against the applicant, and not against a careless partner.

It happens that collective responsibility is established at work. For example, in a store where several people work per shift, and after accounting, the shortage is divided among all employees.

Few people want to lose their earned money because of one or more people. Or another example, the company is engaged in the production of finished goods to order. The team must meet certain standards otherwise they will lose their bonus.

And bonuses in our time are most often greater than salary.

And yet, before you look for a sample of a collective complaint and rush to file it, try to influence the “saboteur” yourself.

You may be able to convince your work colleague without attracting the attention of your superiors. You can write an application for a partner for other reasons.

For example, you had an argument, and your opponent does not mince words when talking. Such actions must be stopped immediately.

And here we are again returning to the unshakable postulate - every employee in the company should know how to correctly write a complaint.

And if you are in doubt about how to write a collective complaint, seek help from specialists.

Our website's consultants, practicing lawyers, will help you fill out the necessary applications for free, taking into account the constantly changing domestic legislation.

General concepts

Employees working in the same organization do not always get along with each other. One can turn a blind eye to this until the conflict begins to interfere with their colleagues’ ability to perform their professional duties.

In principle, a complaint against a co-worker is not much different from a complaint about unlawful actions by an employer.

You can find an example of how to properly complain about your immediate superiors or a member of the management team by reading the article about which institutions you can contact to file a complaint against your employer for non-payment of wages. The general rules for filing all complaints are not too different from each other. In our case, the final recipient of the complaint can be considered a significant difference. If you can write against an employer all the way to the Supreme Court (subject to an appeal), then in the case of a colleague, the only place you can go other than the top management of the organization is the labor commission. At the same time, it is necessary to express your indignation at the behavior of a colleague in writing and, best of all, in a collegial manner. As legal practice shows, by doing this you can achieve maximum effect.

There are different conflicts, and although it is very rare (but still possible), you will have to enter into litigation.

In this case, a written response (as well as a lack of response) to a collective complaint from the immediate (or superior) superior may become the basis for filing a statement of claim.

The help of experienced lawyers in resolving labor disputes is sometimes irreplaceable. You shouldn't give it up, especially when you don't have to pay for it. For any questions, you can contact the site's duty consultant.

Possible liability

Very often, not only colleagues, but also immediate superiors (foremen, heads of departments, etc.) behave rudely.

Moreover, there is such a tendency that the higher the position, the more impudently the person behaves.

This kind of attitude towards yourself and the people around you cannot be tolerated.

Even if you are not a fan of writing complaints, your dignity must be preserved and protected.

If your application is successfully reviewed, the boorish employee will be punished in one of the following ways:

• a verbal remark may be made, with a “promise” of further consequences;
• the employer has the right to reprimand “with entry into his personal file”;
• the violator will be deprived of his bonus (which for many ordinary employees is much worse than a reprimand or reprimand);
• deprivation of a position;
• deprivation of work with an unflattering mark in the work book (or at your own request, at best).

View a sample collective complaint

It also happens that the employer and the person behaving arrogantly are on friendly or even related terms.

Most often, this is the primary reason for his defiant behavior (and sometimes such people simply exist). Accordingly, everyone understands that it is useless to complain within the organization.

But before you go further through the authorities, you still need to first:

• try to resolve everything amicably with a colleague to whom you (and the team) have complaints;
• write a complaint to your boss and wait for a response from him (or not wait - the main thing is that you keep your copy with a note from the office that the complaint was accepted).

Then you can go to the labor inspectorate, prosecutor's office, police, court and even the tax office. By the way, there is criminal liability for insulting a person and the recovery of money for causing material damage.

Useful information

Conscientious employees should be aware of the following:

• it is better to complain about rudeness and sabotage collectively; people listen to a group of people more than to an individual;
• there is no need to go around complaining verbally, you need to put everything on paper and attach evidence of your words;
• as evidence you can use documents, audio and video materials, witness statements, recordings from video cameras in the office, etc.;
• no matter which organization you write your complaint to, be sure to keep confirmation that your complaint was accepted;
• exclude emotions, remain calm and do not deviate from the business tone of the letter;

It is very rare that statements are filed against “colleagues” in court, but the reasons for this are quite cruel:

• rape and/or persistent sexual stalking;
• humiliation of the individual (we have already talked about this);
• illegal actions of colleagues (s) that were committed with clear intent with the aim of setting up a colleague (s) and bringing him (them) under disciplinary action and / or dismissal.

The punishment will be determined by the judge depending on the severity of the act and the consequences after it.

In any case, if you find yourself on the side of the injured or accused party (after all, the plaintiff is also a person and may harbor malicious intent and slander), you have the opportunity to receive free legal advice online.

Features of the complaint

All features are related to what kind of organization it is - private or public.

In the first case, if the company is private and has a specific owner, then the complaint is filed in his name. However, this does not mean that the owner will personally consider it: usually this is done either by the board of directors or by lawyers appointed for this purpose. One way or another, everything depends on the hierarchy.

The success of a complaint directly depends on its content. It is important to list everything about the violation of rights as specifically as possible - the inspection officer must clearly understand what happened. We must also rely on the fact that all commercial companies are looking for profit, which means that they do not need ineffective management.

Important

The chances of a complaint being satisfied increase significantly if the complaint justifies the benefit for the company after the dismissal of the boss.

In the second case, when the company is state-owned, there is no need to justify the potential benefits when dismissing an employee. It is only necessary to objectively and as clearly as possible describe the situation that occurred. This is required so that the relevant services can conduct a thorough check and make an informed decision based on it.

Distinctive properties of this document

It is also important who the owner of the company is, how many managers of the organization, what position the subordinate and the boss have, whether there are people above them or those who are specially hired to consider these disputes.

In the latter case, the decision depends on the subjective opinion of this person, whose actions are not clear what could be motivated.

However, as mentioned earlier, it is possible to appear on his train of thought. It is necessary to describe those moments that most clearly demonstrate a decrease in the effectiveness of the professional team.

This can happen when the director:

1. Puts psychological pressure on subordinates.
2. Delays payment of wages.
3. He does not consider it necessary to reward deserving employees with bonuses.

That is, your message is that it is more profitable to find a more competent and polite boss.
People are always looking for benefits, so leave it to your superiors. If you are in the public service, you should be aware that before making a decision, commissions and other activities are carried out to clarify the circumstances.

Remember that your complaint will not always be satisfied and then things may get worse.

Grounds for writing a complaint

There are quite a few labor and civil reasons that can serve as grounds for filing a collective petition against a managerial employee.

This is also important to know:
What is the validity period of a disciplinary sanction and how to remove it early

The most common illegal actions are:

• violation of the established procedure for wage payments;
• refusal to pay bonuses;
• refusal of official employment, conclusion of a TD;
• refusal to provide scheduled leave and vacation payments;
• forced labor, imposition of additional duties without pay;
• refusal to pay for sick leave;
• denial of promotion if there are grounds;
• non-compliance with labor safety rules;
• rude attitude, insults and boorish behavior towards subordinates;
• sexual harassment;
• physical remarks;
• sabotage in production;
• illegal dismissal of an employee.

Complaint about sabotage

Quite often, the management of an organization deliberately evades fulfilling its assigned duties, which causes harm to the entire team.

You can write a complaint about an internal conflict at an enterprise to the general director after collecting convincing evidence. It should be supplemented with a list of production orders, norms, and instructions that the offender ignored.

Violations of labor laws

Labor rights between the parties to the relationship are specified in the TD. If a boss infringes on the rights of an employee of a lower rank, his actions contradict the terms of the agreement and are regarded as a direct violation of the Labor Code of the Russian Federation.

Consequently, management does not fulfill its official duties to the team and violates the labor agreement. This is a reason to file a complaint with the appropriate authorities.

Collective complaint against a work colleague and his transfer sample

Terentyev Bogdan

Quite often, a complaint against an employee from the entire team is the only way to “restrain” a colleague who himself does not fulfill his job responsibilities and prevents others from doing so. First of all, you can write a collective complaint against such a negligent employee to the head of the organization. Often such actions do not bring results, since employers prefer not to “wash dirty linen in public.” If this happens, then you should write a complaint to government agencies that supervise the activities of employers. These are organs such as:

• Labour Inspectorate;
• Prosecutor's Office;
• Court.

Workers can file a complaint with any of these bodies. But, if you file a complaint with the labor inspectorate, the inspectors themselves will conduct the necessary checks and collect evidence of the violation.

Complaint about a work colleague

You can send individual complaints, in return or together with a collective one, this can ease the fate of the inspectors, since you have satisfied (or vice versa) the Nth number of complaints, and to yourself, since you should not pay attention to the large number of complaints about one organization from different people, to the inspector dangerous. In any case, if you decide to go to court regarding the employer’s violations and (or) the inaction of the supervisory authority, you will need to file individual claims and complaints. only for residents of Moscow and MO "LEGAL GARANT+" lawyer on the website Markov K.N. lawyer on the website Voynalovich A.V. lawyer on the website Rublev V.V. lawyer on the website Prudius E.V. lawyer on the website Belyaev M.Yu. lawyer on the website Pautina E.Yu. lawyer on the website Serebryakova N.G. lawyer on the website Kim B.P. lawyer on the website Zarinsky S.V. lawyer on the website Kvakin V.V. lawyer on the website Belousov S.N. lawyer on the website Alekseenko A.V.

Complaint about an employee's colleague

For example, a boss, having learned about, to put it mildly, unqualified behavior of his subordinate, told him what he thought and called his actions stupid.

A senior executive who has reviewed your claims should provide an answer that you can use if you decide to go to court. Boorish management behavior is quite common in many companies.

It happens that employees have to endure rude attacks from their boss and inappropriate behavior on his part. The fear of losing a job with a good salary forces people to silently endure personal grievances.

If it is impossible to resolve the problem peacefully, you should write an appeal addressed to a manager of a higher rank.

Collective complaint against an employee for boorish behavior sample

If possible, it is necessary to attach copies of documents that can confirm what is stated in the complaint;

• Date of application and signatures of all applicants.

Sample complaint about insults from a colleague at work After these mandatory standard details, a text is written that can be structured as follows:

1. description of the event (briefly, succinctly, without emotions);
2. request for punishment.
3. the consequences of the employee’s behavior;

The text may begin with the words “I would like to bring to your attention...”, after which the date of the event is indicated, as well as specific actions of the employee, which can be described as boorish, insulting others. Lawyer's answer to the question: personal insult in the workplace Hello.

Making a claim

Before submitting an application, you should take into account all the pros and cons, and also familiarize yourself with an example of such an application in order to exclude the possibility of its rejection due to incorrect execution. Otherwise, there is a risk that the applicant will have his claims rejected.

And, as a result, undermining authority and deteriorating business reputation in the eyes of management and colleagues. A claim against a manager has its own characteristics, which we will consider below.

Complaint structure

Based on the content of Art. 4 clause 4 of Federal Law No. 59, an appeal from team members is a legal application to the appropriate authority to resolve an internal conflict at the enterprise. There are no special requirements for filing such an application.

It is compiled from a group of people in two copies according to the following principle:

• indication of the exact addressee;
• personal data of complaining persons;
• the main part, which should include a brief and accurate description of the situation in which the rights of the company’s employees were infringed or violated;
• list of requirements from applicants;
• date of application;
• signatures of team members with transcripts;
• list of evidence.

Important

When drawing up and subsequently submitting such an appeal, there is no need to list the names of the team members who signed in the header. It is enough to indicate that the application is being submitted on behalf of team members of a certain department or section of the production process.

Compilation rules

Let's briefly look at the basic rules that must be followed when submitting:

1. You cannot use profanity. Personal insults are also not allowed. If these requirements are ignored, the application will not be accepted, and the applicant is deprived of the right to resolve the conflict pre-trial.
2. The text should be succinct. There is no need to write a long story; it is worth briefly describing the main points of the conflict and what is wrong with the accused party. It is also not recommended to use expressions and phrases that are interpreted ambiguously.
3. Speech must be literate. All syntactic and punctuation rules must be observed. This will increase the speed of consideration of the complaint.

It is always worth addressing the complaint correctly - in accordance with the hierarchy. If the administrator is the boss, then you need to complain to the director, and not the owner of the company, etc. This will not only increase the speed of processing the request, but will also allow the issue to be resolved faster.

Design nuances

Before you start filing a complaint, you must make a generalized list of all claims and demands.

This is also important to know:
The concept of wages in accordance with the Labor Code of the Russian Federation

The following design details should also be taken into account:

• the complaint is collective, but only one representative of the workers must write it;
• after registration, all participants in the process must familiarize themselves with the text of the application;
• do not allow threats, insults, or profanity in the text;
• do not limit yourself to simple words, but attach to the application an extensive evidence base from written documentation, photos, video or audio materials;
• support the written text with links to articles of law;
• the list of complaining persons must be submitted as a separate application.

It is necessary to restrain the expression of emotions so that this does not lead to refusal to consider the application. Everything should be presented competently, accessible, briefly, but as informative as possible.

Complaint to management

You can submit an application complaining about the actions of a colleague to the head of the institution. The law has not established a uniform standard for filing a complaint, but there is a number of information that must be included in the complaint.

In accordance with Federal Law No. 59 on the procedure for considering appeals from citizens of the Russian Federation, a statement about unlawful actions of an employee of the organization is drawn up. A complaint made in violation will not be considered.

Attention! Our qualified lawyers will assist you free of charge and around the clock on any issues. Find out more here.

In order for a document to be accepted, it must have the following content:

• the name of the form of the organization in which the offender works (LLC, JSC, individual entrepreneur, government agency), and also indicate information about the head of the organization;
• the grounds for filing a complaint are indicated with reference to violations of regulatory documents;
• it is necessary to establish the days on which the offenses were committed, indicate the dates in the complaint, as well as other information that is relevant to the incident and can be evidence;
• a request to bring the offender to justice;
• attaching copies of the necessary documents.

At the end of the complaint, the date the document was drawn up is indicated and the signatures of all employees are affixed.

Note! When drawing up a collective complaint, in which more than 10 people take part, a list of names with signatures is compiled separately.

Where is the document submitted?

It is important not only to draw up a statement, but also to decide where to complain about the boss. Initially, we send the application to the immediate higher authority. Further proceedings may lead to the need to seek assistance from:

• labor inspection;
• prosecution authorities;
• judicial system.

To senior management

When complaining to a superior, we submit the following statement:

• by mail;
• through the secretary.

In any case, the second copy is saved. It will be useful if the proceedings are continued in other instances.

To the labor inspectorate

Believing that management should not be allowed to exceed their authority and trample on the rights of employees, they attract support in the form of the labor inspectorate.

What answer can the labor inspectorate give?

This structure has the capabilities:

• conduct an unscheduled on-site inspection;
• issue an order to eliminate violations within a period not exceeding one month;
• bring the manager to administrative responsibility, as a rule, fine him;
• remove a manager (temporarily or permanently);
• suspend the activities of the organization until the violations are eliminated;
• bring to criminal liability.

Trade union organization

A trade union is an independent body created by workers of companies to protect their rights and interests (Article 370 of the Labor Code of the Russian Federation).

Important

Immediately contacting a trade union is one of the most effective and simplest ways to deal with a violation of rights by an employer. The organization's staff will advise the applicant and take effective measures.

Labor Dispute Commission

The CTS is formed at a general meeting of the workforce of 15 people and is approved by voting. After its formation, the team has the opportunity to protect its rights and defend its interests.

Members of such a commission have the authority to make decisions regarding situations under consideration that are subject to immediate execution.

To the prosecutor's office

When filing a complaint, we take into account what violations this department is called upon to deal with.

Please note that you can complain about management to both the labor inspectorate and the prosecutor's office.

To the court

In difficult situations, the manager considering the complaint is warned that the applicant is ready to defend his rights and interests in court.

It comes to court proceedings when it is necessary to seek compensation for the damage caused. Therefore, the statement of claim must reflect the presence of:

• claims presented to management and rejected by them;
• weighty evidence base.

Appeal to the Prosecutor's Office

A collective complaint submitted to the prosecutor's office must be drawn up with many nuances.

You should pay attention to the title of the complaint. The document is addressed to the prosecutor. To do this, it is necessary to indicate in the header of the complaint the name of the prosecutor's office and the class rank of the prosecutor (lawyer 1,2,3 classes, justice adviser, etc.) with last name, first name and patronymic.

The next paragraph lists the names of all persons filing a complaint. Since this form is not very convenient, in practice, one representative is allocated on behalf of the team, who is indicated in the document form described above.

In the body of the complaint, describe each violation committed both against individuals and the general work team.

In the operative part of the complaint, describe all documents confirming violations (other complaints, statements, etc.).

At the end, on the left side, the date the complaint was filed is indicated. The signatures of citizens filing a complaint are affixed to the date.

Remember! The complaint may be left without consideration due to the lack of signature of one of the team members.

Ways to file a complaint

This can be done:

• in person or by mail;
• using an authorized representative or notary.

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When choosing a method for filing a complaint, we take into account:

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• ease of implementation;
• rationality;
• effectiveness of influence on the addressee.

In writing

A collective complaint is an official complaint that is written in any form. There is no single sample or form; it should be drawn up individually, taking into account the given circumstances. The paper is written by hand or typed on a computer and printed.

Online

With the help of the Internet, most issues can be resolved. It is on the World Wide Web that several portals have been created that allow you to formulate claims.

Complaint to the management of the bailiff

Complaints against the heads of bailiffs are very often received regarding their dishonest work. This is the opinion of the one who submitted a claim to them for consideration.

In most cases, the director and the boss above him in position have a warm relationship, which indicates the latter’s tendency to justify his so-called friend. For large companies and organizations, they try to avoid such situations. And it doesn’t matter at all how the bosses treat the director, since their own reputation and enterprises are at stake. It would be foolish for the owner of the company to exchange the status and reviews of the company for friendship with the director of one of the representative offices. For this reason, if the owner of a chain of stores or a workshop sees the benefit, for example, of removing his old manager from his position and appointing a new one, he will most likely lean towards this particular decision.

To workers, the actions performed by bailiffs seem incorrect or even illegal. In this case, it is difficult to achieve understanding and a solution that suits everyone, since the boss does not agree with the position of the employees and supports his employer. In this state of affairs, all that remains is to send a complaint to the head of the bailiff regarding the incorrect assessment of the illegal actions of the management team and to further appeal the decision. The claim is made in exactly the same way.

The right decision would be to include the results of past requests in writing, where you can view:

• rights violation;
• wrong decision.

They are sent to the regional court. How to fill out the form correctly (collective complaint against a manager sample)? We offer to download a template for a collective complaint against an employee using an officially recognized model in Word format via torrent.

Who accepts documents for this category of cases

The question of how to write an anonymous collective complaint against a manager, taking into account a ready-made sample, has been discussed. Next, you need to decide where to file your claim. Naturally, complaints are addressed to persons who are subordinate to the management of the team.

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If the results of the investigation by senior managers did not satisfy the requirements of the team or the decision was made biased, the appeal was ignored, then you can go further and contact the specific owner of the company. When such attempts also do not bring results, you need to contact the court and other government agencies.

In case of a complaint to the prosecutor's office or higher, remember that they are dealing with serious problems. An appeal to such government bodies should be justified, worthwhile, and only if there is no one to complain to within the company. Think before you make a claim, are you really right and have your rights been violated? If the answer is positive, you should, of course, send a letter to the court.

In order for everything to end well:

1. Be confident in your decision.
2. Don't be afraid of getting fired. After all, why would you work with a bad company?
3. Remember that you are protecting your rights, personal or labor. These actions cannot be considered wrong or bad.

No matter who you are or what their status is, no one should violate your rights.

A collective complaint against an employee according to the sample can be put into effect under the supervision of inspectors; the state inspectorate monitors the quality performance of duties, for example, in a certain department of a kindergarten, in a hospital, at a school at the classroom table, so that tyrant bosses do their job correctly and do not agitate your team to write collective complaints.

How to properly file a complaint against an employee in 2021?

Very often, a complaint against an employee is the only effective way to rein in a colleague whose actions interfere with the ability of another employee to perform their professional duties well.

We spend a significant part of our lives at our workplace, so staying there should be comfortable.

Sometimes conflict situations arise between employees.

Many of them are resolved over time, but in some cases the confrontation intensifies so much that one of the employees is forced to quit.

In our country, it is not customary to complain about a colleague, but you should learn to defend your dignity.

The right of citizens to file various types of claims is formalized by law.

Transferring the dispute to the legal field, with the help of a qualified lawyer, will allow you to find a civilized solution to the current situation.

Your complaint against an employee can be directed to the company management. If the actions have no result, then you should write to the organizations that supervise the activities of specialized institutions, the labor inspectorate, as well as the prosecutor’s office or the court.

One employee can complain about an employee, or you can file a collective complaint. By enlisting the help of our lawyer, you can receive a free sample application and assistance in drafting it.

How to file a complaint against a colleague?

You should not tolerate an employee’s behavior if it has become downright boorish; you must take action immediately.

Acceptable time limits for responding to a complaint

When determining the period within which an enterprise must respond to a complaint received, it matters from whom it came.

If it comes from a government agency, then a response must be drawn up within thirty days. When a response letter requires additional information from third parties, this period may be extended by an additional thirty days.

Important

When the response period is not defined by the standards, each company can determine its own period within reasonable limits in its regulations. For example, when writing a complaint, its authors often ask for an answer within 7-10 days.

Where is a collective complaint filed?

A collective appeal must be submitted to government authorities, taking into account the specifics of the case.

Eg:

• If your neighbors are bothering you with their behavior, you must contact the local police officer;
• In case of improper use of living space - in housing and communal services;
• Excessive pollution and stench require contacting Rospotrebnadzor.

In addition, it is permissible to complain:

• to the prosecutor's office, in the absence of adequate actions on the part of the primary authority;
• to court;
• to the regional department of education;
• Ministry of Health;
• other higher authorities.

Additional questions

What does a collective complaint mean to management?

After the investigation, management may be subject to the following actions:

• penalties;
• dismissal of a manager;
• ban on the right to occupy leadership positions;
• bringing to criminal or administrative liability.

The consequences depend on the individual case and the severity of the violations.

Is anonymous submission of an appeal allowed?

Anonymous application submission is not possible. This fact is fixed by the rules of business correspondence. Upon receipt of such an appeal, the Commission has the right to refuse to consider it.

However, in the notes to the complaint, the complainant may indicate that he does not want his data to be shared with management. Thus, anonymity will only be partially preserved and at the initial stages the boss will not know the identity of the person who filed the complaint.

What penalties can be applied?

Disciplinary measures are determined by legal norms. Also, an economic entity has the right to establish measures of influence on an employee for a disciplinary offense.

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What documents are needed to register a work injury

The main requirement is that the company employees be familiarized with the acts that established them, upon signature.

Articles 192 and 193 of the Labor Code of the Russian Federation establish a strict list of penalties that an employer can apply to its employees:

1. Announcements are made verbally.
2. Issuance of a reprimand by order of management.
3. Termination of an employment contract with an employee.

In order to apply disciplinary measures correctly, it is necessary to comply with established procedures, including the presentation by the employee of the company of an explanatory note in which he explains what happened.

It is also important to consider the period when an employee can be held accountable. By law, this time is limited to one month. The employer must remember that the same violation cannot be punished twice.

It is imperative to take into account that bonuses are awarded for compliance with certain established criteria.

If they are violated, then bonuses will not be paid. This is not a disciplinary punishment, but is considered a material consequence of the current situation.

Important

The main thing is that the criteria by which bonuses are accrued or not accrued are recorded in the appropriate regulations and employees are familiarized with this act upon signature.

Is it possible to fire an employee for rudeness?

Labor law standards do not define what behavior of a company employee is considered good and what is regarded as rudeness.

However, if you incorrectly address your colleagues or partners of the organization, this person may be subject to disciplinary action. At the same time, these measures must be enshrined in the internal regulations of the enterprise.

Dismissal for rudeness of an employee is permitted subject to the following conditions:

• Standards of behavior are described in the employee’s work instructions, the employment contract drawn up with him, and the internal regulations. At the same time, all employees must be familiarized with the latter.
• The fact of insult and boorish attitude of the employee towards colleagues and partners was recorded by drawing up a corresponding act. The basis for its preparation is a report or a complaint received.
• Initially, the employee is punished in the form of a verbal reprimand.
• If an employee commits this offense repeatedly, he will be subject to disciplinary action. An explanatory note must be requested from him, and the imposition of a penalty must be formalized by a written order of the manager.
• Dismissal follows if the person has three violations that are considered outstanding at the time of dismissal. These violations may not necessarily be associated with boorish attitudes. If violations involving insult to personality are repeated, then the employee who violates the rules can be fired for repeated violations of labor discipline.

How to file a complaint against a manager

The form of the document in this case remains arbitrary. It is better to stick to a business style of address. Then there will be a greater chance of consideration and a positive response. It is necessary to ensure that the presentation of the circumstances of the case is specific and complete.

Typically, such messages contain the following information:

1. Name of the organization to which the information is sent.
2. Personal information associated with applicants. If the complaint is collective, then all representatives of the interested party are listed.
3. Description of violations committed by management. It is mandatory to have references to legislative acts that are directly related to violations.
4. Requirements put forward by the team. An example is paying off debts and conducting inspections, dismissing management, and so on.
5. List of documents that became an attachment to the complaint.
6. Date of compilation with personal signatures.
7. Documentary evidence must be provided for each of the facts related to the behavior of management.

Measures of influence on the offender

The sanctions vary depending on various factors, such as the position of the offender or the nature of the insult. Full list:

• civil action;
• complaint to regulatory authorities;
• memo to management.

In each specific case, the procedure is standard, that is, you will need to collect a full package of evidence.

Important! When drawing up a complaint or memorandum, it is necessary to make a duplicate. You will also need to fully record all information about the incident.

Enforcement measures can be applied both within the organization itself and with the help of special bodies, for example, the judicial system or the prosecutor's office. If the violation was examined within the organization itself, after which a disciplinary sanction was imposed on the violator, then it is possible to attract him with the help of other authorities as additional measures.

How to properly complain about a colleague

Among your workmates there is an unscrupulous employee, because of whose mistakes you also suffer. To make your job easier, you go to complain about the one who is setting you up. When deciding on such a radical method, use the advice of experts.

Before you go to your boss, make sure you have done everything to fix the problem yourself, without the participation of your manager. After all, the situation when you have to go up with a complaint is very ambiguous, and empty accusations will cost you a lot. There is a stereotype in the Russian mind: if you go to complain, it means you are hiding behind your boss and admitting your own inability to solve the problem. Therefore, first try to solve the issue yourself.

Talk to your colleague face to face. If he is not familiar with the work process as you are, explain why and to what extent your work activity depends on the quality of his work. Ask what is the reason for his frequent mistakes. Perhaps this is due to problems in the family and your actions will only make the situation worse. Or he is simply not aware and does not fully understand his responsibility, then this point should be explained to him.

Only if at the stage of personal communication with a colleague it was not possible to come to mutual understanding and achieve positive results, you can contact your boss. Don't forget to warn your colleague. And it’s best to involve him in a joint discussion with the boss about the current situation. If you're emailing your manager to resolve a problem, copy your colleague. Open play will help you avoid looking like a sneak or an intriguer.

It is important to structure your appeal to your boss not as a complaint about a careless employee, but as a business conversation. Emphasize that you are dedicated to the cause and not pursuing any personal goals. It is even better, so that you are not misunderstood, to talk to your boss in the presence of a colleague with whom you have complaints. This way you can bring the problem out into the open and show that you are trying to solve it, and not start a behind-the-scenes fight.

Try to assess in advance how your bosses will perceive your actions. It is difficult to talk about this without knowing the corporate policy of a particular organization. But this will not cause much difficulty for the person working in it. So, if a company is aimed at building a friendly and strong team, most likely, it itself will conduct regular training aimed at improving the interaction of employees both with each other and with their superiors.

The framework of the situation is very important. It makes sense to try to influence a co-worker only when his mistakes or failure to meet certain deadlines affect the quality and time of the work you perform. Otherwise, if you are not satisfied with something about him that has nothing to do with your specific work, attempts to intervene will look not only unethical, but even stupid and certainly will not cause approval from anyone.

There is a proverb: “If you criticize, suggest.” This is not your case. You should not go to your boss with a ready-made solution: how to punish, how to control an employee, or something similar. It is the boss’s prerogative to make decisions. Your main responsibility is to get the job done. You have made it clear what the obstacle is. Further initiative will be unnecessary and may offend both the colleague and the boss.

Elena Evseeva

"Trud"
farewell letter to colleagues

Features of the crime

According to labor legislation, in particular articles 101 of the Labor Code of the Russian Federation, all persons in the workplace have obligations in the form of communication within the framework of ethical standards of a corporate, professional, and social nature.
Also, the inadmissibility of insults in the form of humiliation of human dignity, regardless of his nation, faith and other characteristics, is prescribed by the Constitution of the Russian Federation.

Important! Insulting a government official, such as a police officer, is subject to criminal law. In the usual version, the Code of Administrative Offenses is used (Article 5.61).

Any person who is higher or lower in the service hierarchy, as well as an outsider, can offend in the workplace. Identical measures will be applied to everyone in the same cases. The exception is officials, who also have an internal option for disciplinary sanctions, up to and including dismissal.

What is considered harassment in the workplace?

The humiliation of honor and dignity is considered an insult when a person is at work. Such an incident can negatively affect your credibility and career. The humiliation option can be different:

• using obscene language towards another person;
• offensive gestures;
• using the Internet or email to disseminate offensive information.

In the latter case, slander and ordinary humiliation are classified.

In judicial practice there are various proceedings in which the insult is not clear-cut. In such cases, all language norms are analyzed.

Concept and legal characteristics

According to Article 5.61 of the Code of Administrative Offences, humiliation of honor is considered as a whole, that is, there is no focus on the official environment. Each option has certain characteristics of the legal type. List of circumstances that indicate an attempt at humiliation:

• the honor or dignity of an employee is deliberately humiliated;
• actions and words are obscene;
• there is a specific addressee.

In the latter case, it is worth considering that standard abuse, not addressed to a specific person, is not a specified offense, that is, it is impossible to bring such a citizen to justice under Article 5.61.

According to judicial practice, a violation is:

• expression with elements of obscenity or obscene content;
• comparative forms, for example, with an animal or plant;
• cynical or unwanted touching;
• obscene gestures;
• any movement that results in the victim's clothing being torn off or damaged.

The main point is the mandatory compliance with all norms by any persons, including strangers. It is also necessary to take into account that an offense against an employee who has a higher position has the same forms of punishment as humiliation of the dignity of persons who are lower in the service hierarchy.

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Article 5.61 of the Administrative Code

Article 5.61 of the Code of Administrative Offenses is a specially created regulatory framework that regulates the liability of offensive actions of any nature. There are three elements of crime:

• in the form of general means the humiliation of one person by another verbally. To prove this, you will need to have a number of evidence or video and audio materials;
• publicity is expressed in public form. A crime can become public if there are two or more people nearby at the time the offense is committed. The same option includes the use of media;
• passive crime is the absence of action or inaction of persons in violation of this nature. An example would be the inaction of a manager when his subordinate or subordinates are humiliated.

Most often, the corpus delicti specified in the normative act requires the presence of an evidence base. It turns out that if there is no evidence, then it is impossible to attract a person who violates the rights of another person, since the fact of violation has not been proven.

Types of insult

According to the legislative framework, crime has two types, general or public. But in relation to work, there are various types of violations that manifest themselves in practice:

• violation by a colleague or colleagues;
• violation by management;
• violation by an outside party, such as a customer or client.

The fact itself may even be neutral, that is, the humiliation of a person will be carried out using literary speech and veiling. But even in this case, the person who violated the rights of another citizen may be held accountable.

Rules on this issue

The regulatory framework, which provides for the inadmissibility of violating the rights of a citizen, which is associated with humiliation of his honor and dignity, is expressed in several rules. They are spelled out in the following acts:

• Constitution of the Russian Federation (21 articles);
• Labor Code of the Russian Federation (indicating the need to form correct relationships using all ethical standards);
• Criminal Code (if the addressee is a representative of the authorities, for example, law enforcement agencies);
• Article 5.61 of the Administrative Code.

Important! When the honor of one or more persons is humiliated, the main legal act is the Code of Administrative Offenses.

Complaint against a store: sample and rules for filing

So, a complaint has been filed against the store. What to do next? First of all, we recommend trying to solve the problem on the spot and filing a complaint directly with the store management. This can be done in three ways: hand over the complaint personally to a representative of the directorate, contact the claims department, or leave an entry in the book of complaints and suggestions (in this case, the complaint will have a standard form, but without the title part).

• Information about the addressee of the complaint (name and details of the institution/full name of the official);
• Applicant details (full name, place of residence, contact phone number, email address);
• The name and address of the store to which the complaint is being made;
• The essence of the complaint;
• The applicant's requirements (for example, to conduct an inspection);
• Signature and date.

Dismissal of a subordinate based on complaints from colleagues

Dismissal is an extreme measure of punishment, which involves certain actions:

1. Receiving complaints from employees of the organization. It is necessary to study all the problems outlined in such a proposal.
2. Then they clarify what legal grounds can be used for dismissal in this situation.
3. A request is sent in which the employee is asked to draw up an explanatory note. Usually they give a maximum of two days to resolve issues.
4. Next, they prepare an order for the employee’s dismissal and introduce the document to the subordinate himself. The citizen must sign.

Dismissal is permissible only in the presence of the following offenses:

• violation of internal company rules;
• non-compliance with the internal daily routine;
• refusal to perform duties.

Strained interpersonal relationships alone are not enough to make decisions related to dismissal.

Sample complaint against the actions of a doctor - salygina ru

If you send a complaint against a doctor by mail, then by registered mail with acknowledgment of receipt. I came to the service center, which is located in St. Petersburg, and was refused due to the fact that the phone had supposedly been opened before. It is better to indicate the articles and laws that the doctor violated, and also list your demands.

More details about the psychological attitude in a separate chapter 8 - do not hesitate to ask (demand) the impossible. Attention! Opinion here you can familiarize yourself with a sample complaint from doctors. But before that, I did a lot of painstaking work to verify the information and investigate the facts presented. Demotivate you in this particular complaint (why do all this?, it’s all useless, we’ll just waste time) d) wean you off from complaining to this official or law enforcement agency in the future.

Verification of citizens' complaints

If a document is submitted to a municipal or state supervisory authority, then the time frame for its consideration should not exceed thirty days, which is counted from the date of adoption of the relevant document. When a collective appeal is sent to senior management, then the maximum time period for its consideration is indicated in the text itself. This period must be reasonable and at the same time acceptable for all parties. The standard period for receiving a response to such requests is usually ten days.

The written response must indicate not only the solution to the problem, but also a specific time frame within which the solution will be fully implemented. When such a complaint is answered with a refusal, it must be well-reasoned. Before drawing up a claim, it is important to hold a special meeting of the people who will sign it. It is necessary to clarify their opinion on this issue in order to ultimately come to a common denominator.

It makes no sense to write a complaint to the entire workforce. It is better to appoint one responsible employee for this, who can objectively reflect in the complaint all the existing circumstances of the case, and the rest simply have to sign the finished document. Before drawing up the paper, you need to take the phone numbers of all the people who will be leaving their visa. This will make it possible to easily contact them if necessary to find out the details.

Claim structure

There is no legally established template, but there are certain requirements for the structure of such a statement:

• name of the addressee (name of the authority where the document will be sent);
• applicant's details;
• Title of the document;
• statement of the essence of the appeal (facts of violations with evidence and references to regulations);
• specific requirements for the application of appropriate penalties in relation to the employee;
• list of attached documentation;
• date of compilation, personal signature of the applicant.

Next, the document should be delivered to the addressee. We will describe how this can be done below.

Important: The document is drawn up in two pieces. One copy is handed over to the controlling authority or boss, the second - with the number of incoming correspondence and the date of acceptance - remains with the applicant until an official response is received.

Complaint against a doctor to the Ministry of Health: sample

Most often, patients do not have the opportunity to contact the ministry in person, so they send a complaint in writing. In order to be accepted and considered, it is important to know how to write to the Ministry of Health. There are no special forms, but there are still some requirements:

1. Untimely first aid. Very often there are cases when the ambulance arrives to the patient too late.
2. The doctor refuses to see the patient or does not give a referral for hospitalization if there are clear indications.
3. An erroneous diagnosis, which leads to the prescription of ineffective treatment, which can lead to death for the patient.
4. Incorrectly prescribed medications.
5. Therapy only leads to worsening of the condition.
6. Death occurred due to the fault of hospital workers.
7. The doctor was caught taking bribes.
8. A negligent operation that led to serious complications.
9. Rudeness and rudeness of doctors.