A claim against an employer does not fall into the category of procedures required for the pre-trial settlement of a labor dispute. That is, writing a complaint is entirely the employee’s choice, since the law does not oblige him to write a complaint, but does not prohibit it either. Files in .DOC: Form of complaint to the employerSample of complaint to the employer
General provisions
Unfortunately, no one is safe from purchasing low-quality goods. But not everyone knows that there is a law that regulates the relationship between sellers and buyers - this is the Federal Law of the Russian Federation “On the Protection of Consumer Rights”. According to this law, the buyer has the right to:
- Replacement of goods;
- Refund for purchase;
- Discount on goods if there are quality defects;
- Replacement of goods with a more expensive one with additional payment;
- Free elimination of product defects.
Typically, store employees are reluctant to part with proceeds, so in order to assert their rights, you need to know which articles of the law to rely on. In case of returning or replacing goods, this will be Art. 18, 19,21, 25 Federal Law of the Russian Federation “On the Protection of Consumer Rights” and Art. 309, 310 of the Civil Code of the Russian Federation.
According to these articles, the buyer has the right to replace not only goods of poor quality, but also those goods that for some reason did not fit (size, dimensions). However, this right is valid if no more than 2 weeks have passed since the date of purchase and the packaging and the product itself are not damaged.
In addition, store employees may refuse to return money for a purchase if the buyer does not have a cash receipt. By these actions they violate Article 18 of the Federal Law of the Russian Federation No. 2300-1, which explains that the absence of a purchase receipt cannot be a reason for refusing to replace the product or return the money.
Is there any point in filing a complaint?
The claim can hardly be considered an effective way to solve problems arising in the relationship between the employee and the employer. The fact is that the employer’s actions are rarely spontaneous.
This means that the employer justifies and considers any of his actions in one way or another, thus a claim that does not oblige him not only to satisfy the requirements contained in it, but even to simply respond to it, is unlikely to bring at least some result.
However, writing a claim may be justified, for example, in cases where:
- the dispute is not fundamental for the employer, and he can satisfy the employee’s demands so as not to provoke the initiation of civil proceedings;
- the writing of the claim is caused by the need to suspend the statute of limitations. This can happen if for some reason the statute of limitations is coming to an end and the employee does not have time to file a claim in court;
- writing a claim is caused by the need to create an additional evidence base for the court, for example, in the case where the employee does not have confirmation of the existence of an employment relationship with the employer.
Deadlines for filing a claim
Since filing claims is not a mandatory procedure, the law does not regulate the timing of filing a claim. Therefore, the deadline for filing a claim is calculated depending on the limitation period for similar disputes.
Thus, when writing and filing claims, one should proceed from the consideration that the claim must be filed in such a way that in the event of a refusal to satisfy the claim, the employee has a remaining statute of limitations for filing a claim.
The limitation periods for labor disputes vary depending on the type of disputed legal relationship and are:
- one month to appeal illegal dismissal. The period is calculated from the moment of receipt of the relevant order;
- three months to appeal the violated right;
- one year to recover wages and other payments, including upon dismissal. The period is calculated from the date on which payment should have taken place, but did not take place.
Of course, filing a claim against an employer is possible even if the statute of limitations expires. This is again due to the fact that the deadlines for filing a claim in labor disputes are not regulated. In any case, the employer will accept the claim and consider it.
Expert opinion
Stepanov Maxim Anatolievich
Legal consultant with 6 years of experience. Specialization: civil law. Extensive experience in drafting contracts.
The problem will arise only if the employer does not satisfy the claim, and the employee will no longer be able to go to court due to the expiration of the statute of limitations.
Reasons for writing a complaint to the employer
The motives that may form the basis of a claim may be any violation of the employment contract and labor legislation in general. The violations may be real or exist only from the employee's point of view.
That is, the employee’s erroneous judgment will not limit not only his right to file a claim, but also his right to appeal to the court or the prosecutor’s office.
This is also important to know:
How does dismissal occur due to loss of trust under an article of the Labor Code of the Russian Federation?
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Given the presumption of guilt of the defendant in civil law, the burden of proving the employee is wrong lies with the employer.
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As practice shows, the most common reasons for writing complaints to an employer are:
- failure to provide employees with personal protective equipment;
- unlawful (from the employee’s point of view) imposition of disciplinary or financial liability;
- failure to pay overtime in accordance with the law;
- incorrect calculation of insurance premiums;
- refusal to provide leave, etc.
More serious disputes related, for example, to the dismissal of an employee, delay in issuing a work book, etc. are rarely the basis for writing a claim, since such disputes, as a rule, involve monetary compensation, and therefore are immediately formalized in the form of a statement of claim.
Complaint to employer for non-payment of wages
Many doubt the effectiveness of such a method as a claim. The reasons for the delay in payments should be analyzed. It could be the company's financial problems. In this case, you should request a written indication of the specific date for payment of funds.
The manager may not be aware of the debt. Then the claim to the employer for non-payment of wages will become the reason for internal proceedings, which will eliminate the problem. If necessary, draw up and submit an application to the court for the issuance of a court order to collect wages, which will serve as a writ of execution. When you present this court decision to your employer’s bank, you can easily write off your legally earned money from the organization’s current account.
If a manager does not pay funds due to selfish motives or intent, this may result in a fine and imprisonment for up to 2 years. Possible sanctions include a ban on holding leadership positions for a 5-year period.
Appealing a salary reduction
Wages are the main source of finance for middle-class citizens. And lowering it has unpleasant consequences. When a process is justified, it cannot be challenged. But sometimes employers lower employees' wages for personal gain. These unlawful decisions are subject to challenge and employees may seek compensation.
Failure to pay upon dismissal
If salary delays are no longer a frequent occurrence, then the employer’s refusal to pay upon dismissal is still quite common. A resentful employer may not pay part of the settlement to a former employee or completely deprive him of his bonus. But such actions are illegal.
As with a complaint about delayed wages, a former employee can file a claim with the employer for non-payment of wages after dismissal: the appeal is written in the same form, indicating the amount of debt. If the complaint is ignored, you should go to court.
Remember that if the employee was not officially employed, then it will be difficult to demand payment of arrears of wages after dismissal. However, this is possible if you prove the fact of fulfilling your job duties and receiving remuneration for it.
Both for delayed payments and for unpaid wages after dismissal, an employee has the right to ask for compensation and a penalty. After an employer has ignored a claim submitted to him, he must immediately file a claim in court. This must be done within one month from the date of dismissal.
How to file an application for suspension of work due to non-payment of wages
The provisions of labor legislation allow employees whose employer has delayed payment of wages for more than 15 days to stop fulfilling their own labor obligations assigned to them in accordance with the concluded agreement until the full amount of the resulting debt is received. Before suspending work, the employee is obliged to notify the employer of his own decision by sending him an application for suspension of work due to non-payment of earnings. The document is provided to the employer along with the Claim, a sample of which was presented above.
This right of the employee is regulated by Article 142 of the labor legislation, which states that a citizen has the opportunity not to appear at the workplace during established working hours until the employer notifies him of the desire to pay off the resulting debt. In addition, during the period of absence from work, he will also be accrued the required income, which will be added to the amount of the existing debt.
A sample application for suspension of work due to a delay in wages of more than 15 days is presented below.
Despite the possibility of suspending the performance of labor functions until the due funds are transferred, there are several categories of workers to whom this right does not apply:
- Military personnel during a state of emergency;
- Law enforcement officials;
- Workers whose responsibilities include life support for the population;
- Citizens working in hazardous industries.
Download Application for suspension of work due to non-payment of wages
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Where can you complain about your employer?
There are several authorities to whom a claim is submitted to the employer. To begin with, it is worth resolving the issue peacefully by talking with the boss himself. Do this even if it seems to you that the chances of finding a common language are zero. Having received a refusal, you can safely declare to other authorities that you tried to make contact with the employer, and this will definitely play into your hands.
Knowing the administration's phone number, it won't be difficult to arrange a meeting. Many employers, realizing that they are violating standards, meet the workers halfway and try to resolve the controversial situation before it goes beyond the walls of the organization. However, if this does not happen, you can file a complaint at:
- labor inspection;
- the prosecutor's office;
- court.
Complaint to the labor inspectorate against an employer
When determining where to complain about an employer in a particular case, the first authority that comes to mind is the labor inspectorate. It should be understood that such a body has clearly defined competence. Thus, it is advisable to complain about the employer to the labor inspectorate in the following situations:
- the employer does not register the worker for a long period;
- the employer does not pay or pays incomplete wages to the employee;
- a person is not given the opportunity to go on vacation;
- the person does not work according to standards, as a result of which he is left without rest;
- the employee’s workplace does not meet established standards.
This is also important to know:
Information about work injury: registration, employer liability, payments
The written complaint is reviewed by specialists, as a result of which the authority has the right to conduct an unscheduled inspection of the company. If, as a result of such an inspection, violations are discovered, the employer will be fined and required to eliminate existing deficiencies.
How to write and submit a claim to the labor inspectorate
A complaint to the labor inspectorate against an employer can be brought personally to specialists, sent by mail, or sent by email.
It is possible to submit a claim to the inspectorate online by selecting the “Write a complaint” tab on the authority’s website.
Having decided where to complain about the employer, it is important to correctly draw up the document. To do this you will need:
- select a department of the authority at the location of the employer;
- indicate all information about the author;
- write the essence of the question concisely and clearly;
- it is possible to support the written claims with other written materials;
- write down a request for confidentiality if the worker does not want management to know the author of the request.
Sample complaint against an employer to the labor inspectorate
To have an idea of the document in question, check out what a complaint against an employer to the labor inspectorate looks like, a sample of which is presented below.
Contacting the prosecutor's office
When figuring out where to file a complaint against an employer, you should not ignore law enforcement agencies. It makes sense to file a complaint to the prosecutor’s office against an employer when the employer:
- does not pay the employee for a long time;
- forces a person to work overtime without paying for his additional work;
- fines the worker;
- pays wages lower than the minimum subsistence level established by standards;
- puts psychological pressure on employees;
- dismisses a person without good reason.
The prosecutor's office should conduct an investigation into what was written, and if the offense is confirmed, bring the culprit to justice.
Complaint to the prosecutor's office against an employer: how to draft it correctly
When determining how to complain to the prosecutor's office, you should adhere to the same rules as in the previous case. The paper must necessarily contain a requesting part, in which the applicant sets out his demands regarding the punishment of the culprit. It is important to indicate only reliable information in the document, since the employer may face administrative, and in some cases, criminal liability.
Going to court
Court is a last resort resorted to if all previous options have failed. For this purpose, you should write not a complaint, but a statement of claim. At the same time, the regulations do not contain a mandatory requirement for the employer to file a pre-trial claim, however, as practice shows, its presence will play into the hands of the plaintiff.
Arbitrage practice
When going to court, all your demands must be argued and supported by evidence. Only then can you count on a positive result. And it can be expressed in:
- reinstatement of the worker at work;
- payment of compensation for forced absence;
- compensation for moral damage, etc.
Example of a complaint to an employer
A claim to an employer from a particular employee is drawn up individually in each case. Having looked at examples of such documents, we can identify several rules that should be followed when drawing up the paper:
- the statement must be as objective as possible;
- It would be useful, when describing violations, to immediately make appropriate references to the provisions of the law;
- the claims made must be supported by evidence;
- the text must be written correctly, in a business style, without errors, profanity or threats;
- You must indicate your details in the document.
Next, we present a sample claim to the employer upon dismissal through pre-trial settlement.
Sample claim to employer for wages
Disputes regarding wages are the most common in practice. Despite the fact that the paper is written in free form, it must meet all document flow requirements. Look at what an option for writing a complaint to an employer for non-payment of wages looks like, a sample of which is presented below.
Claim form
The claim must be submitted in writing. There is no legislative act that would, to one degree or another, determine the form of the claim, which means that it is written in any form.
The claim begins with a “header”, that is, with an indication of who the claim is intended for and from whom it comes. The “header” should be placed in the upper right corner of the sheet.
Immediately below the header the name of the document is written - “CLAIM” and its descriptive part is located under the name. The descriptive part includes:
- an indication of the existence of an employment relationship – an employment contract;
- a description of the essence of the conflict situation and arguments substantiating the employee’s opinion that the employer’s actions are illegal.
The descriptive part ends with the word “I demand” or “I ask”, after which the operative part begins, which includes the direct demands of the employee to the employer.
Expert opinion
Stepanov Maxim Anatolievich
Legal consultant with 6 years of experience. Specialization: civil law. Extensive experience in drafting contracts.
It is recommended that the operative part include a warning that the claim was written as a pre-trial consideration of the dispute. There is, albeit a small, chance that such a note will convince the employer not to bring the case to court.
If any supporting or clarifying documents are attached to the claim, their list is located in the “Appendix” section in the lower left corner of the sheet.
The claim ends with the date of its filing and the signature of the employee.
Deadlines for filing a complaint with an employer
Before writing a claim, you should check whether the deadline for filing claims against the employer in court has not expired (Article 392 of the Labor Code of the Russian Federation):
- 3 months from the moment the employee learned or, due to objective circumstances, should have learned that his right was violated (period for most disputes);
- 1 month from the moment the employee received the dismissal order or work record book (period for disputes regarding the legality of dismissal);
- 1 year from the date of payment of wages and other payments (period for disputes about non-payment of funds due to the employee, including upon dismissal).
Missing these deadlines in itself does not deprive the employee of the right to file a claim with the employer and go to court. Moreover, the court will be obliged to consider the dispute on its merits, unless the interested party (employer) declares that the statute of limitations has expired (Article 199 of the Civil Code of the Russian Federation).
This is also important to know:
What does a violation of labor discipline entail?
It is also possible to restore the period if the employee had valid reasons for missing it (for example, long-term disability). If the court grants the petition to restore the deadline for filing claims, then the employer’s arguments about the expiration of the statute of limitations will not be taken into account.
Important
Filing a claim after the statute of limitations on the dispute has expired reduces the chances of the employer voluntarily satisfying the employee’s demands, but does not exclude them. In any case, you should not mention claims about missing a deadline in the text and describe the prospects for its restoration.
CLAIM
July 18, 2011 LLC "Sh." entered into employment contract No. 31/2011 with A.A.V. The employee was hired as director of a company store. Currently A.A.V. works as a team leader for working with sales personnel.
For the entire period of work at LLC "Sh." A.A.V. has never been disciplined and has an exceptionally high performance record. The quality of her work was, among other things, noted by the company's management. So, in December 2012 A.A.V. received gratitude for the contribution and assistance in opening the company store from the general director of the company - S.B.
This is important to know: Where to complain about an employer for non-payment of wages
However, from December 2013, a month before going on maternity leave, A.A.V. began to be subjected to attacks, including personal attacks, from HR Director Ts.L. The nature of these claims was purely formal and was motivated by personal hostility.
From January to August 2014, A.A.V. was on maternity leave. However, at the request of the company’s management, as well as based on the high loyalty to LLC “Sh.” A.A.V. did the work remotely. These facts are confirmed by correspondence and official documentation at our disposal (the information contained in the documents is not a commercial secret and is not confidential).
"04" August 2014 A.A.V. returned from maternity leave and continued working in her position. September 16, 2014 HR Director Ts.L. suggested by A.A.V. resign by agreement of the parties or at your own request. The same demand was made by commercial director G.S. After the employee refused to resign voluntarily, Ts.L. repeated her demands, but this time as an ultimatum, threatening to ruin the employee’s reputation and make further employment impossible. A.A.V. categorically refused to quit under pressure, to which she was told that a way to quit would be found, for example, restructuring the department.
The requirement for “voluntary” dismissal for A.A.V. came as a surprise, realizing violations of labor laws by management, she was forced to seek legal assistance in order to protect her legal rights and interests. At the moment, the specialists of the law office have at their disposal a recording of part of A.A.V.’s conversations. with management that confirms the stated facts.
September 17, 2014 A.A.V. Access to the computer's network folders and corporate email was disabled, and the landline telephone was also disabled. In fact, the employee was deprived of the opportunity to perform his job duties. A.A.V. repeatedly informed management about these facts, so she sent relevant statements dated September 18, 2014, September 22, 2014, September 23, 2014, September 24, 2014, and September 30, 2014. and 01.10.2014 However, until now, access to all local folders, drives, the Internet, and mail on a corporate phone is closed. I believe that this action of management is a violation of the employee’s labor rights and is aimed solely at implementing the procedure for the illegal dismissal of an employee.
September 18, 2014 A.A.V. was again asked to resign “voluntarily”. However, after the employee refused such an offer, he was presented with a notice of changes in the terms of the employment contract. According to this document, the employee will have a significantly reduced salary and a reduction in the scope of work functions. However, the employer does not have the provisions provided for in Art. 74 of the Labor Code of the Russian Federation, reasons for changing an employee’s employment contract. I believe that these actions are aimed at implementing measures for the illegal dismissal of A.A.V., since she refused to resign “voluntarily”. An audio recording of this meeting is also available.
In addition, I draw your attention to the fact that A.A.V. She is currently a nursing mother of an infant. Illegal actions on the part of LLC "Sh." led to a breakdown in her health associated with deep emotional experiences and stress at work. So, from September 16, 2014. at A.A.V. there were difficulties falling asleep, short intermittent sleep, sweating, anxiety, emotional lability, increased blood pressure, loss of milk. These facts are confirmed by relevant medical documents.
It should systematically grossly violate labor laws. Thus, on September 18, employees directly subordinate to A.A.V., K.A. were fired. and K.I.. At the same time, K.I. was fired two weeks before going on maternity leave. The employment contract with her was terminated on the basis of the information received by LLC “A.” applications from LLC "Sh." that the company no longer needs her services. Employment contract with K.I., as well as with many other employees of Sh. LLC was issued to a third party. These facts were confirmed during a survey of the following persons: K.I., Z.G., K.A., S.L.
This is important to know: Statement of claim for reinstatement at work: sample 2021
In order to eliminate existing violations in the field of labor legislation of the Russian Federation, information from the interviewed persons, in addition to the labor inspectorate and the prosecutor's office, is planned to be brought to the attention of HR Director Europe, HR Director F&B Division, working at Chanel LLC.
In addition, the negative experience of working at LLC “Sh.”, expressed in various types of violations of the Labor Code of the Russian Federation, is confirmed by M.V., A.N., P.M., K.Yu., B.T., M.E. ,G.I.
Based on the above, I ask you to provide assistance and assistance in order to stop the violation of the labor rights of A.A.V. I ask you to stop the unlawful pressure on the employee to force him to resign, to withdraw the notice of changes in the terms of the employment contract, and also to open access to relevant information resources and work tools for the employee to carry out his direct work functions.
As part of the discussion of the information presented, as well as in order to eliminate possible misunderstandings and disagreements, I propose to hold a meeting of interested parties or provide a written response to this letter with an official explanation of the position of Sh. LLC. by 10/10/2014.
I believe that the development of this conflict and its transition to the level of consideration by the labor inspectorate, the prosecutor's office and the court is not determined by the interests of the parties. Lawyer _________________/A.S. Khoruzhenko/ . .2014
Receipt of no claim against the employer
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A receipt is needed when the employer is ready to satisfy the received claim from the employee and pay the due amount. However, the manager also needs a guarantee of protecting his own rights - he wants to be sure that by agreeing to a voluntary payment, he will save himself from litigation.
In this regard, in most cases, the main condition for voluntary payment of a claim is the preparation of a receipt confirming the absence of claims.
However, this document must also be written correctly. The employee should not refuse other payments, for example, compensation for travel expenses during business trips, vacation pay, and so on. Therefore, if the dispute is only about the payment, there should only be a receipt about this. You should not sign a receipt where the employee “forgives” everything to the employer.
Important
Certification of such a receipt by a witness or notary is not required. To further identify the employee, competent managers ask that the document be completed in full by the employee in his own handwriting, not trusting the printed version. This will deprive the employee of the opportunity to challenge his signature in court.
Sample receipt of no claims against the employer
Receipt
about the absence of claims against the employer
I, Ivan Ivanovich Rabotnikov, passport series – 9999, No. 666666, working at Organization LLC, received a monthly payment in 2021. in full. I have no claims for payment for work in January 20__.
Date/signature
Recommended ways to send written requests to the employer
It is advisable to submit any written appeals to the employer, including claims and notices of suspension of work, so that the employee has evidence of their delivery or at least sending to the employer.
Judicial practice on this issue is ambiguous. Thus, the Penza Regional Court considered that there is not enough evidence of sending a notice of suspension of work - what is needed is confirmation of its receipt by the employer (appeal ruling dated April 28, 2015 No. 33-1153/2015). That's why:
- If the document is sent by mail, it is necessary to make an inventory of the attachment. Type of shipment: registered letter with acknowledgment of receipt. Before taking action (in particular, not going to work), it is better to wait for the notification with a receipt. We recommend sending your application to all known addresses of the employer - official (contained in the Unified State Register of Legal Entities), postal, actual.
- If you submit an appeal, you must personally contact the person whose official duties include receiving and registering incoming correspondence (for example, a document support service employee), or personally the head of the company. You should make a copy of the claim in advance. On it, the employer’s representative must put a mark of acceptance indicating the date, his full name and signature.
Service of claim
In the event of a potential dispute with an employer going to court, it is important to have information that a claim has been filed. Therefore, when filing a claim, it is important to obtain confirmation that it has been served. You can receive confirmation in two ways:
- submit the claim in person or through a representative. The claim is presented in two copies, on one of which the official affixes an acceptance stamp and registration number. The copy with the stamp remains with the employee;
- send the claim by registered mail with return receipt requested. It is advisable to prepare a list of attachments for the postal item, which will be certified by the postal worker.
Many people try not to conflict with their bosses, but sometimes a complaint to the employer remains the last opportunity to avoid bringing the matter to court. Often such a document is sent after dismissal, when unresolved issues remain.
For example, for the collection of wages, compensation for vacation, etc. In addition, the results of checking the contributions made by the employer to the Pension Fund of the Russian Federation can be perplexing.
Try to write a claim to the employer in a pre-trial dispute resolution procedure. Although the employee in some categories of cases is exempt from paying state fees to the court, perhaps such a document will resolve the situation faster.
And in the case when a person is in an employment relationship with an employer, the claim will be regarded as a desire not to bring matters to the point of filing a lawsuit, but to agree to act within the framework of the law.
Complaint to employer
Additional questions
What to do if they don’t respond
Sometimes the buyer, in addition to the desire to restore justice and get money for poor quality products, has a desire to punish the unscrupulous entrepreneur. In this case, you need to contact Rospotrebnadzor. Such an appeal must be of a claim nature. That is, if the buyer filed a complaint with the store, but it was not considered, he has the right to appeal to the state body for the protection of consumer rights.
After writing an application to Rospotrebnadzor, an unscheduled inspection will be carried out at the organization. If violations are discovered during this inspection, a fine will be imposed on the organization.
If necessary, an employee of Rospotrebnadzor can act in court on the side of the injured consumer.
If the buyer’s goal is to protect personal interests - return of money, compensation for material or moral damage, then in this case it is necessary to file a lawsuit. According to statistics, the court takes the side of the victim, that is, the buyer. If the seller does not respond to the claim, in addition to paying the claims, he may be subject to a fine of the same amount.
This is also important to know:
What the labor inspectorate checks during a routine inspection
If you are interested in how to correctly write a complaint to Rospotrebnadzor, read a separate material prepared by our editors.
What to do if the deadline for reviewing the claim has passed and there is still no response?
The period within which the consumer must receive a response from an individual entrepreneur is specified in the relevant regulatory act (see table above) or in the agreement between the parties.
If all the deadlines for consideration of the claim have passed, but no response has been received, most likely, the legal entity simply ignored your appeal. In this case, it is necessary to file a claim in court.
Before filing a claim in court, make sure that all deadlines for resolving the pre-trial dispute have passed. If they are not specified in the contract, then according to the law, exactly 30 days from the date of application are given to respond to the claim.
If a dispute arose between the parties who specified their rights and obligations in the contract, then if the claim is not considered, the court may terminate the contract or make changes to it, based on the demands of the plaintiff (Civil Code of the Russian Federation, Article 452).
In this case, the concept of pre-contractual disputes, which is prescribed in the Civil Code, Art. 445. If you rely on this article, the appeal must be considered within 30 days from the date of receipt of the claim.
During this period, the recipient is obliged to study the complaint, make a decision to terminate the contract or change some of its conditions. If the party that filed the claim does not agree with the changes, then within a month from the date of receipt of the response the defendant has the right to file a lawsuit.
With regard to the Federal Law “On the Protection of Consumer Rights”, the seller or individual entrepreneur is responsible for not considering a claim from the buyer. For each day of delay, he will be required to pay a penalty - this is 1% of the purchase amount.
What period of time is given to the seller to compensate for losses?
Most often, dissatisfaction among ordinary citizens is caused by expired products in the supermarket, damaged items, defective equipment, etc. Depending on the situation, the representative of the retail outlet is obliged to give an answer to the buyer, relying on the Federal Law “On the Protection of Consumer Rights”, Art. 20-22.
Description of the situation | Response time |
1. Exchange of defective goods | The response to the letter and the exchange itself must be made within 7 days from the date of receipt of the request. If the seller decides to conduct an examination, the period increases to 20 days. If the product is out of stock in the store, the exchange must occur no later than within 30 days. |
2. Providing replacement goods | If the purchased product requires repair, then during the period when the problem is correct, the buyer must receive a replacement product with all the necessary functions. The response to this complaint must be received within 3 days. |
3. Product repair | In this case, the parties independently agree on the period within which the deficiencies must be eliminated, but the period should not exceed 45 days. |
4. Covering the cost of repairing the product | If the buyer made repairs at his own expense, the seller is obliged to compensate him for material damage. The response to such a claim must come within 10 days. |
5. Refund for goods | If you purchased a low-quality product, you can demand a full refund. The period for consideration and response to a complaint is 10 days. |
6. Coverage of losses | If you suffer additional losses due to the product, the store is obliged to cover them. The defendant is given 10 days to study the cause of the claim. |
7. Reduced retail price | The seller or supplier is given 10 days to review and respond. |
8. Providing inaccurate or distorted information about the product | 10 days from the date of receipt of the official request. |
What threatens the employer
As stated in Art. 5.27 of the Administrative Code, when there is an unpaid salary or its incomplete payment on time, this is followed by a warning, fine, and disqualification.