The statement of claim for the collection of wages is submitted by both dismissed and current employees. The submission of documents is associated with numerous nuances, their ignorance will benefit the employer, make it difficult to communicate with authorities.
Who is entitled to apply
The complaints about claims for the collection of wages from citizens dismissed from work became familiar. Now the number of cases in which the participants are active workers has begun to increase. An application to the court is submitted regarding salaries and other payments due to a person.
This includes all sorts of compensation and bonus payments. TC mentions all payments prescribed by law and due to the employee.
Timeline for filing a claim
Claims for the recovery of wages are now (since 2016) allowed to be submitted within a year. Previously, the term was 3 months, and from which moment the time was counted out, it was not clear. Now the employee has 12 months from the day the employer was required to make payments.
The TC makes a reservation on the right of the court to restore the time limit for filing a claim if it is missed for a good reason. We will call a long-term illness, ignorance of the fact of violation, other reasons that make treatment objectively impossible.
How the judge behaves - will open the proceedings, will not pay the defendant's attention to the pass or leave the lawsuit without movement - it is unclear. The representative of the defendant may well pay attention to such a moment. Therefore, it is better to prepare for this in advance.
Should I contact other authorities
Previously, an appeal to the prosecutor’s office or labor inspectorate turned into a missed deadline. Firstly, a former or current employee could be given promises, delaying the moment of complaints, and secondly, people often do not know where and what to go with. Thirdly, the work of inspection bodies and prosecutors cannot be called operational.
Now the risks are reduced. First of all, the complaint is written to the labor inspectorate, the prosecutor will accept it, but will forward it to the inspectors. It already makes sense to complain to the prosecutor about illegal actions of the inspection.
Citizens of retirement age, single mothers, and other socially unprotected categories of persons are entitled to apply for the assistance of the prosecutor's office in drawing up a claim for the recovery of wages and representing its employees in court.
Application for Order
The law expressly stipulates the obligation to preliminarily apply for an order, provided that the funds have been accrued. If there is a dispute about the fact of the obligation to make payments, an application to the justice of the peace is not submitted. For example, there is no contract signed by the parties and an entry in the work book.
If the order is issued, and the debtor asked to cancel it, the applicant will have to turn to the district court. You will have to go the same way if the judge refused to issue an order (namely a refusal, and not a ruling on the return of documents).
Which court to file
The law gives preferences to employees: it is allowed to file a claim for the recovery of unpaid wages at the plaintiff's place of residence. It is not forbidden to apply to the court at the location of the organization. The choice is the plaintiff. It is advisable to refer to Art. 6.3. Code of Civil Procedure to avoid claims from the court.
The lawsuit is filed with the district court, labor disputes are completely excluded from the competence of justices of the peace, with the exception of the issuance of a court order.
Statement Points
Whether the sample application for the collection of salaries is used or not, the document to the court consists of the following items:
- The name of the court.
- Information about the plaintiff (full name, address of residence or place where to send correspondence).
- Information about the defendant - the employer (name of organization or branch having the status of a legal entity).
- Cost of claim (amount claimed, taking into account the assessment of non-pecuniary damage).
- The full name of the document is a statement of claim for the recovery of wages and non-pecuniary damage.
- Description of relations with the employer (date of employment, dates of transfers, positions held, etc.).
- Amounts of due payments.
- Payout Delay Period.
- Be sure to provide a calculation of debt (its absence is an occasion to leave the lawsuit without motion).
- Indication of the amount in which the non-pecuniary damage is estimated.
- Requests to the court to recover the amount of debt, compensation for non-pecuniary damage, other expenses (state duty, services of a lawyer or lawyer).
- The list of attached documents.
- State duty payment receipt.
- Signature and filing date.
Usually two sets of lawsuit are filed together with the attached documents (for the employer and the judge).
The Labor Inspectorate and the prosecutor's office are not involved as third parties, their conclusions and instructions are attached to the case as evidence.
What documents are attached
- copy of the work book or employment contract;
- pay slip, statements or other papers confirming accruals;
- orders, regulations on the enterprise affecting the wage system.
Lack of formal hiring will complicate the process. Having proved the fact of employment, the plaintiff, as a rule, receives a minimum wage. The amount to be recovered is affected by an intersectoral agreement or other document that increases the amount of payment in the industry.
Official documents are replaced by emails, prints of SMS messages, account statements, etc. The prospects for filing a claim for the recovery of wage arrears in this situation are minimal.
Compensation for non-pecuniary damage
The reason is indicated by experiences due to the inability to provide materially for the family, stress. Violation of the rights of the employee gives him an additional argument in favor of this requirement.
The average compensation amount is several tens of thousands of rubles, and the amount of debt is taken into account, which is not entirely correct.
Is the duty paid
In accordance with the law, the employee has the right not to pay state duty for filing a claim for the recovery of wages. However, for the recovery of moral harm will have to pay 300 rubles. Unfortunately, judges are obligated to pay for these claims, and it is easier for a citizen to agree than to appeal through an appeal to illegally leave the complaint without moving or return the application.