Collective complaint about delayed wages. Sample of a collective complaint to the prosecutor's office about non-payment of wages

One of the most serious violations of the Labor Code is non-payment of salaries to employees. When financial problems arise in the organization, employees suffer when the employer tries to save money and delays payments, or does not fulfill his obligations at all.

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Form form

Federal Law No. 59 establishes the process and rules for applying to the prosecutor's office for delayed wages. It is allowed to fill out the document in free form, but if it is executed incorrectly, the inspectors have the right to ignore the appeal.

The complaint is forwarded to the branch of the district where the main office of the enterprise is located. The document is filled in in 2 copies, one is left to the applicant. The paper contains the number and time of acceptance by the prosecutor's office officer. The second copy remains with the secretary.

If the applicant cannot come to the inspection personally, he has the right to send a complaint by letter with notification and a list of the attached documents. Supporting documents are not required to be attached in the original, as the copies are notarized.

The standard list of attachments are:

  • any documents that prove the delay or non-payment of funds. For example, bank statements are suitable if receipts come to a salary card. Documentation from the accounting department will also work;
  • employment contract and a copy certified by a notary;
  • copy and original work book if it is with the applicant.

How to write and sample it correctly

In a complaint against an employer, the following information is required:

  1. The head of the document is written:
    • the name of the department of the prosecutor's office;
    • position and full name without abbreviations of the inspector;
    • Full name, residential address and contact details of the employee.
  2. The word "Complaint" is written in the center. It is required to indicate all violations and indicate information about the employer, including:
    • the name of the organization and the legal form in full;
    • Full name of the employer;
    • violations with dates that led to the complaint;
    • the steps the employee took to peacefully achieve justice;
    • measures taken by the employer.
  3. List of attachments. This includes copies of the document proving the employee's correctness. You can demand, which the employer must provide within 3 days after the employee's written statement.
  4. Date of filing the complaint and signature.

Sample application to the prosecutor's office for non-payment of wages:

On dismissal

Some employers try to evade obligations by firing an employee, which is a violation of the Labor Code. Even if the employee is fired through the fault of the employee, the latter is obliged to receive payment for every hour of work. Final settlement is the final step in breaking off the employment relationship.

The complaint is filed with the prosecutor's office of the district where the company is registered. If the message is sent by registered mail, it is not required to attach the original documents. The main thing is that the application is filled out correctly so that the employees do not refuse to consider the case.

Without an agreement

It is more difficult to collect wages without an employment contract, but it is possible if the parties have concluded any document.

To receive payment, you need to provide the following papers to the prosecutor's office:

  • statement of claim;
  • a copy of the order for hiring an employee;
  • calculation of wage arrears for unofficial hours;
  • compensation amount;
  • any evidence of a working relationship between the employee and the employer, anything signed by the applicant, telephone calls, documented witness records.

When contacting the prosecutor's office, the state duty is not collected from the employee. The employer is responsible for paying the court case.

When shortening

When receiving an official salary, there are 2 ways to apply for compensation:

  • if there is no desire to file a statement of claim with the court, you can take a certificate of debt from the employer and go to court. You will need to fill out a paper on the execution of a court order. Article 122 of the Civil Law Code stipulates that the judge will issue the order alone, since there will be no proceedings;
  • if the employer refuses to issue a certificate of debt, the person has the right to receive moral compensation after filing a statement of claim.

Collective

If the employer does not pay funds a large number employees, it is required to correctly describe the problem in a collective statement.

It is much like a standard document, but with a more thorough description of each employee claiming compensation.

The application states:

  • indicate the city, district and address of the office of the prosecutor's office;
  • fill in who the complaint is coming from;
  • the name of the document is entered in the middle;
  • describe the employees of which company are filing the complaint: indicate the address and position of each person;
  • explain in detail the situation, methods of contacting the authorities and proof that there was no answer;
  • indicate the articles of the labor code that were violated by employers;
  • provide a copy of the employment contract;
  • indicate the amount of compensation in figures and signature;
  • requirements of employees, for example, to bring the manager to financial responsibility through the courts.

The last item is the contacts and address of the responsible officer, whom the court will notify of the decision. When the prosecutor's office receives the complaint, it will begin to consider the situation.

First, they check the accuracy of the documents and the presence of violations by the employer. In accordance with the found errors, punishment will be applied to him and the salaries owed will be written off.

If citizens sent a complaint by registered mail, the period for consideration must be extended by 30 days. A decision notice will also be mailed to the address provided.

Statute of limitations

Article 392 of the Labor Code establishes that the tax office has 3 months to consider the complaint from the date of receipt of the document. If the citizen has already been dismissed, he will not be reinstated for workplace due to the long verification of documents.

The limitation period for such complaints is a subject of dispute not only between the employer and employees, but also among the authorities.

Article 392 of the Labor Code establishes that the limitation period is 3 months. Resolution No. 2 of the Plenum of the RF Armed Forces of 2004 determined that if labor relations were not terminated, this period does not apply.

As long as the employee is officially employed, the employer is obliged to pay full salary and compensation for delays.

Problems arise with laid-off workers. Article 140 of the Labor Code stipulates that full wages can be received only on the last working day. If the funds were not transferred to the employee, it means that he knew about the violation of rights and should have gone to court immediately.

If a person did not immediately send a statement of claim to the court, after 3 months his claims are canceled. The court will take the side of a citizen only if he has a valid reason: a long business trip, illness or death of a close relative.

Where else can you complain

If the employer delays wages, but the employee continues to work, he will be able to achieve justice.

The law establishes the right of a person to defend himself not only personally, but also with the help of executive bodies:

  • district court;
  • regional state labor inspectorate.

In these instances, you can write a complaint for a refund or force the employer to go through a check and confirm that he is violating the rights of citizens. One of the main proofs of the correctness of employees during the trial will be the act on the verification of the company.

The legislation protects the rights of employees, giving them the right to defend themselves in the prosecutor's office and other state bodies.

Salary is the main source of income for most citizens, therefore this right is protected and protected especially carefully. For late payments, the employer is obliged to pay additional compensation to employees, even if the employment contract is no longer valid.

Today, employers often do not pay salaries to their employees in order to get immediate benefits, and sometimes they do not want to pay at all. Employees who find themselves in such circumstances should know what to do in such situations, where to file a complaint? One of the options for resolving this issue is to send a request to the prosecutor's office.

A request to the prosecutor's office about the delay in wages refers to an official statement of a citizen, requiring the influence on the chief by means of administrative punishment for an offense against a subordinate. The procedure for protecting the rights of working persons for the timely payment of wages is governed by Art. 352 of the Labor Code of the Russian Federation.

When to complain about non-payment of wages

In accordance with the provisions of Art. 136 of the Labor Code of the Russian Federation, labor must be paid at least twice a month. The days when wages are issued must be displayed in the employment contract.

Usually, for the first half of the month, payment is made after the 16th day, for the second - after the 1st day, but not later than the 15th - the coming month.

Note... The countdown of the beginning of the delay in the issuance of salaries is calculated from the day following the date of issuance of salaries, established by intradepartmental regulations. From this moment, the subordinate has the right to present a claim to the manager with the demand for the issuance of salaries.

If the salary is not paid for more than 15 days, the working person can send a petition, regardless of the type of institution (individual entrepreneur, LLC, JSC, etc.), by sending a request:

  1. Directly to the head of the institution.
  2. To the prosecutor's office.
  3. In the state. labor inspection (GTI).
  4. To a judicial institution.

The claim to the head of the company can be presented immediately after the delay in the payment of wages.

Before sending a request to the prosecutor's office, you first need to try to resolve the problematic issue with the head of the company. It must be said that subordinates are not very willing to complain to the prosecutor's office, fearing future conflicts with the company's management. However, if the management does not respond to the subordinate's appeal, the employee, in order to protect his rights, will have to complain to the prosecutor's office.

According to the latest changes in the Labor Code of the Russian Federation, since 2106, the limitation period for collecting wage arrears is one year. Often, the management, knowing about the statute of limitations, wastes time with payment, reassuring subordinates with promises, thus achieving an overdue appeal time.

To file a complaint about delayed wages to the prosecutor's office, it is necessary to provide evidence of such an offense.

For the validity of the complaint, the following documents must be attached:

  1. A copy of the employment agreement between the employer and the applicant.
  2. An extract from a work book confirming the fact of being hired by the institution.
  3. Copies of written appeals to the management of the company, with a mark on the registration of the complaint (incoming number, mark on the registration of the responsible person of the company).

After preparing the listed materials, a working person can safely submit a request to the prosecutor's office with the attached certificates.

The response time to complaints from citizens of the Russian Federation is shown in the Instruction (Order of the Prosecutor General's Office No. 45). Registration of the received request with a complaint about violation of the rights of a citizen is carried out within 3 days from the date of its receipt and should be considered within 15 days.

The time for consideration of the complaint can be extended up to 30 days if there is a need for additional examination, upon request additional materials etc. A message is sent to the applicant about the extension of the consideration time.

The prepared response is sent to the address displayed by the applicant in the request.

When writing a petition, the letter is written to the name of the prosecutor, who is at the head of the department at the location of the company.

In the upper right part of the sheet, you need to display the position of the prosecutor, with the display of the class and the name of the unit, as well as the full name. the prosecutor.

Below is the data of the submitter of the request - full name, residence address and contact information. If there are many applicants, you need to display information about each.

In the text of the request, after the name of the document, it is required to state:

  1. Full name of the working person.
  2. The name of the company, position and duration of work.
  3. The period of non-payment of wages.
  4. The amount of debt (in numbers and words).
  5. Evidence that the employee has contacted the head of the company regarding delayed wages.
  6. If the employee stopped working because of this, then display the date of termination of employment.
  7. Request to consider the request and take action to the employer.

The request is signed, the date of filling is put down and the form, together with the attached certificates, are sent to the prosecutor's office.

The subordinate of the manager must not forget that he has the right not only to demand his salary, but also compensation for every day of delay in payment.

If the chief did not issue a salary when a person was expelled, the latter has the right to file a protest with the GTI. If the labor inspectorate did not help the expelled employee, then he will have to send a request to the prosecutor's office with a request to organize an audit of the company in connection with the non-payment of wages upon expulsion.

The request is made in the same order as described above. In this option, you need to correctly describe the circumstances, referring to Article 140 of the Labor Code of the Russian Federation. Materials given to him upon expulsion in accordance with the current legislative norms are applied as evidence:

  1. A copy of the deduction order.
  2. Extract from the work book.
  3. Certificate of earnings.
  4. A copy of the employment contract.
  5. Statement on the transfer of income tax.

The head of the company, depending on the identified violations, may be brought to criminal or administrative punishment.

In conditions of unemployment, workers often agree to any conditions for employment at the company. A number of executives take advantage of this labor market position by abusing many of the mandatory labor regulations.

One of the most gross violations is the unofficial admission of an employee to a firm, without filling out an employment contract. In this case, the management does not bear any obligations to the subordinate.

Often, the promised wages are not charged at all. In such a situation, it is much more difficult to seek the renewal of their rights. Of course, you need to go to the prosecutor's office with a complaint, which is drawn up in the same way as described above. However, the main thing that needs to be done in such circumstances is to collect materials proving that the person worked in this enterprise. The only possible evidence would be the involvement of witnesses.

Both the clients of the enterprise and the colleagues with whom the employee worked together can be witnesses. In addition, as evidence, working documents can be useful, where there is a signature of the dismissed or which he compiled with his own hand, copies of agreements, acts, invoices, as well as printouts of telephone conversations with company officials.

Art. 67 of the Labor Code of the Russian Federation regulates that an unregistered contract is considered concluded if the employee, with the knowledge of the head, began to fulfill the duties assigned to him. Therefore, the dismissed employee needs to make every effort to prove the employer's wrongdoing.

In the proposed video, you can familiarize yourself with the rules for filling out a request to the prosecutor's office.

(Video: "How to write a statement to the prosecutor's office")

The request is made on an A4 sheet in an arbitrary style. The form must include all the information necessary for an objective assessment of the situation and taking action in relation to the employer. Despite the fact that there is no unified form for drawing up a complaint to the prosecutor's office, when drawing up a request, it is nevertheless required to follow the registration rules related to business papers.

Introductory part

All inquiries and complaints sent to the prosecutor's office are addressed, most often, to the prosecutor, who is at the head of the local branch. In this case, you need to display his position, the name of the unit, rank and full name. (eg, “To the Prosecutor of Tomsk, State Counselor of Justice of the 3rd class I.I. Petrov ... ").

Note... The request must be sent to the prosecutor at the location of the company where the author of the petition works, or to a higher authority (for example, for the prosecutor's office of the city of Tomsk, the prosecutor's office of the Tomsk region is considered a higher structure).

Descriptive part

This block displays all the information that explains the essence of the complaint:

  1. The name of the applicant is filled in with the display of the date when he started working for the company.
  2. Full name of the company with the address of its registration.
  3. Applicant's position.
  4. The time during which the salary has not been issued, starting from the initial moment of the delay and up to the time the complaint was filed.
  5. Certificate confirming the appeal to the head of the company for an explanation of the reason for the delay in remuneration and its solution.
  6. The total amount of non-payment of money with a mark of monthly income.
  7. Date of termination of employment (if any).

Here you need to lay out the requirements of the employee who submitted the request to the prosecutor:

  1. Ask the boss to correct the offense.
  2. Send the materials of the check to the State Tax Inspectorate for administrative punishment under Article 5.27 of the Administrative Code of the Russian Federation.
  3. Initiate criminal proceedings against the director of the institution under Article 145.1 of the Criminal Code of the Russian Federation.
  4. Send a claim to a court of law.

Note... A request to the prosecutor about the delay in wages can be sent both individually and from the firm's team - there are no restrictions in such options.

The complaint must be accompanied by materials certifying employment in the company:

  • A copy of the employment contract
  • Employment or transfer orders.
  • Extract from a work book, etc.
  • If the issue of copies of materials was refused, it is also required to display this in the petition.

Payment of wages is one of the main duties of the employer, and its delay always causes certain inconveniences. Delays in wages sometimes reach a very long period of time, and to solve the problem of paying wages, you can contact the state authorities, which will facilitate the return Money earned by honest labor.

The Labor Code states that every employee has the right to file a complaint with the regulatory authorities if he is faced with a delay in wages. But this is not the only way to claim your wages, you can also file a claim in court.

Contacting an employer

If you are faced with the problem of paying wages, then the first step in solving such a problem will be to contact the organization itself. It is quite possible that you will be able to resolve the issue with your salary with the organization on your own, and you will not need to contact government agencies.

However, if the problem was not resolved, then appeal to the organization will be a weighty argument in the future business, and ignoring it will bring the employer big problems... You should also make sure that you have a second copy of this document.

Contacting the labor inspectorate

The big advantage of contacting the GIT is that you can do it on the very first day of the delay.

To apply, you need to personally write a document or by a group of workers if the delay in wages has affected several persons, and transfer it to the district office of the State Labor Inspectorate. The document has a free form and must be drawn up in two copies, one is sent to the State Information Technology University, and the second remains with the person who sent the appeal, and the second copy must have a mark informing that the appeal was accepted.

The document must include:

  • Name of the organization;
  • Full name of the head;
  • Confirmation of the fact of delay in the RFP;
  • The approved date for the payment of the salary;
  • Deadline for the delay of the RFP;
  • Information about the applicant;
  • Date and signature of the applicant.

If you do not want the employer to be informed about who applied to the inspectorate, then you must attach an application, which will indicate that you do not want to disclose your identity to the employer.

It is also necessary to provide an employment contract or other official document, which will reflect all working conditions.

Info

The fact of contacting the GIT will be recorded in a special register. After the registration of the document, the verification of the relevant organization will begin, after which an official response will be sent to the person or group of persons who applied to the State Labor Inspectorate. If it is confirmed that the salary is delayed, administrative measures will be applied to this organization and the employer will be forced to pay wages without fail. If, after the inspection, serious violations are found, then this may serve as a reason for initiating a criminal case against the employer.

Appeal to the prosecutor's office

If the salary is delayed for more than two months, you have the right to write an application for the employer to the prosecutor's office. It does not have a definite form, but should include the necessary information to conduct an audit and make an objective decision.

The application consists of 3 parts:

Introductory part

Written in the name of the prosecutor who heads the structural unit in the area in which the firm is located. It is also desirable to indicate his class rank and full name.

The information about the applicant must be indicated below. Full name, place of residence and contact phone number.

Information section

This section should contain all the information that is relevant to the application:

  • Complete information about the organization;
  • Seniority;
  • Applicant's place of work in this organization;
  • A copy of the appeal to the employer regarding the delay in the salary;
  • The amount owed and the amount of monthly wages;
  • Completion date (if any).

The operative part

Your requirements for the employer are displayed here. It should be remembered that it is possible to contact the prosecutor's office on the fact of the delay in the salary both for an employee personally and for a group of persons.

Also, the application must include documents confirming your employment in the company.

If you do not have supporting documents on hand, then this fact must be reflected in the application and indicate the reasons why these documents are absent in this application.

Statement of claim to court

Simultaneously with the appeal to the prosecutor's office, there is the possibility of appeal to the judicial authorities. The application is submitted to the district court located at the actual address of residence of the applicant. The application form to the judicial authorities has a similar form to the application to the prosecutor's office.

The first part of the document contains the name of the court where the application was sent, the name and contact details of the applicant. Data about the organization in relation to which the statement is being written is recorded.

The informational part has a similar form with the application to the prosecutor's office. The differences are that this part should also contain information about pre-trial proceedings with the employer. Another difference is the calculation of the amount of the claim that the employee wants to receive. This amount includes the amount of debt, a penalty for each day of delay, the amount of moral damage. Also, the employer will be required to pay all legal costs.

The third part is drawn up similarly to the operative part of the application to the prosecutor's office.

The applicants are employees of the sewing shop in the organization. All applicants are disabled. Each of them has an employment contract with the organization.

In recent months, in violation of the requirements, the applicants have not been paid wages. The applicants have repeatedly applied to the organization with oral demands for payment of wage arrears, for which they received unsubstantiated refusals. The applicants ask to organize an inspection of the organization on the fact of delay in the payment of salaries to the applicants. To bring the guilty persons to responsibility established by the law.


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Sample Complaint to the Prosecutor's Office about non-payment of wages

To the City Prosecutor _________, to the City Prosecutor ________ _________________________
Address: _________________________________

From:

______________________________________________
______________________________________________

Address for sending correspondence: __________________________________________

COMPLAINT

We, _____________________ are employees of the sewing workshop, Limited Liability Company "________________" (hereinafter referred to as the Employer). We are all Hearing Disabilities of Group III.

An employment contract has been concluded between each of us and the Employer, in accordance with the requirements of which, one of the obligations of the Employer is the remuneration of the Employee for the performance of his labor duties.
For a number of reasons that the Employer refuses to explain, in recent months, in violation of the requirements, we have not been paid wages.

So, the debt on the payment of wages _____________ for the period from _____________ to the present is ________ rubles. __ cop.
The arrears in the payment of wages _____________ for the period from ____________ to the present time is __________ rubles. __ cop.
Arrears in payment of wages _________________ for the period from ___________ to the present is _________ rubles. __ cop.
Wage arrears ________________ is ____________ rubles. __ cop.
Wage arrears of ______________ are ___________ rubles. __ cop.
Wage arrears ______________ amount to ____________ rubles. __ cop.
Wage arrears of _____________ are _____________ rubles. __ cop.

We have repeatedly turned to the Employer with verbal demands for payment of wage arrears, for which we received unmotivated refusals. They also refused us in obtaining certificates in the form of __________. The accounting department of LLC "_____________", after numerous requests and complaints, issued such a certificate only by _____________
Moreover, we did not stop working, in view of the frequent promises of the Employer to pay off the aforementioned wage arrears.

These actions on the part of the Employer, to delay the payment of wages, grossly violate our rights as Employees.
At the same time, due to the non-payment of wages to us, disabled of the III group by hearing, for a long time (in some cases, the delay reaches six months), we all suffered significant moral suffering through the fault of the Employer.

As stated in Art. 37 of the Constitution of the Russian Federation, labor is free. Forced labor is prohibited.

Everyone has the right to work in conditions that meet the requirements of safety and hygiene, to remuneration for work without any discrimination and not lower than the minimum wage established by federal law, as well as the right to protection from unemployment.

So, in accordance with Art. 145.1 of the Criminal Code of the Russian Federation, complete non-payment of wages, pensions, scholarships, allowances and other statutory payments for more than two months, or payment of wages for more than two months in an amount below the minimum wage established by federal law, committed out of selfish or other personal interest by the head of the organization, the employer - by an individual, the head of a branch, representative office or other separate structural subdivision of an organization, shall be punishable by a fine in the amount of one hundred thousand to five hundred thousand rubles or in the amount of the salary or other income of the convicted person for a period of up to three years, or by forced labor for a term of up to three years from deprivation of the right to hold certain positions or engage in certain activities for up to three years or without it, or imprisonment for up to three years with the deprivation of the right to hold certain positions or engage in certain activities for up to three years or without it.

So, in accordance with Art. 2 Federal law RF dated 02.05.2006 "On the Procedure for Considering Applications of Citizens of the Russian Federation", citizens have the right to apply personally, as well as to send individual and collective appeals to state bodies, local governments and officials.

Based on Art. 10 of the Federal Law of the Russian Federation of 17.01.1992, No. 2202-1 "On the Prosecutor's Office Russian Federation»In the prosecutor's office, in accordance with their powers, statements, complaints and other appeals containing information about violations of laws are resolved.

The response to the application, complaint and other appeal must be motivated. If the application or complaint is denied, the procedure for appealing against the decision, as well as the right to go to court, if provided by law, must be explained to the applicant.

Appeals from citizens, military personnel and members of their families, officials and other persons are allowed within 30 days from the date of their registration with the prosecutor's office of the Russian Federation, and not requiring additional study and verification - no later than 15 days.

Thus, the Employer grossly violates the requirements of the Labor legislation of the Russian Federation.

Absolutely every working citizen knows that he is entitled to a salary for his work. And, of course, he knows that he must receive it within the time period established by law and labor contract... After all, violating this limit for at least a couple of days is already a serious offense.

Unfortunately, it also happens that the issue of delayed salary payments not only becomes a nuisance, but develops into a serious problem. It is one thing when the employer has legal grounds for delays, and quite another when he does not have them. In this case, you have to demand your money, and this must be done quite tough. You will learn about where and how to complain about the withholding of salaries in this article.

Where should you go first?

The very first step is to contact your supervisor. Not to the personnel department or accounting department, but directly to the authorities. If you are an employee of a large organization with many departments, then try to contact your superiors, because it is the management who should decide the issues of payments in the event that the accounting department does not cope with them.

Complaints to the management can be submitted both orally and in writing.... There is only one rule for transmitting an oral complaint - avoid insults, as they will not only not help the case, but also significantly worsen the situation. A written complaint can be submitted in any form, the only requirement for it is clarity of your problem and requirements.

You should not start appealing to government services until you are denied a peaceful settlement of the conflict. Refer to the management even when you know that it is absolutely hopeless - the fact of your attempts to resolve the issue should be recorded in one way or another.

Complaint to the labor inspectorate. How to draw up and submit it?

If the world has not been able to resolve the situation, then it is worth engaging the main civil service responsible for compliance Labor Code RF, namely. In order to draw her attention to the violation, you will need to draw up and. Such an appeal is written in free form, but at the same time according to some rules:

  • It doesn't have to be anonymous;
  • It must contain information about your employment contract;
  • The time frame and amount of the delay must be indicated.

You can submit a complaint in person by handing it over to the labor inspection department, by mail or via the Internet. To go to the website of the labor inspection and fill out the form. In any case, at your request, an investigation will be carried out, the results of which will be reported to you in an official letter.

When and how to contact the prosecutor's office?

So, the complaint to the labor inspectorate did not lead to a noticeable result and salary payments did not recover. In this case, you can already submit your petition to a more serious organization, namely to the prosecutor's office.

The prosecutor's office as a civil service plays a very important role - it considers any cases of violation of the rights of citizens. On the one hand, the delay in payment of wages is a violation of the employee's rights, and the prosecutor's office has nothing to do with it. But if you look at the issue more broadly, then we can assume that the lack of payment of earnings is a serious violation of the rights of a citizen, since the lack of money can lead to a host of problems.

In this way, you can contact the prosecutor's office in the following cases:

  • Wages are systematically withheld;
  • The employer refused to pay the money even after being obliged by the labor inspectorate;
  • The employer has deliberately made a calculation error;
  • Lack of wages has an extremely negative and serious impact on the life of an employee;
  • The employer violates other rights of the employee in addition to withholding money.

So, if it is obvious to you that it is time to take serious measures, then contact the prosecutor's office. And in order to do this, you will need to write a statement to the prosecutor's office about intentional and illegal withholding of salary payments.

Application to the prosecutor's office. Sample

So, to contact the prosecutor's office you need. You can do it yourself using the sample (you can download it from the link below or take it from the prosecutor's office) or. In any case, it must be written according to certain rules and follow the structure. It is strictly forbidden to use insults and foul language in such a statement, and the information described must be concise, understandable and correct. The statement itself has three parts:

  1. Title. Written in the upper right part of the sheet... Contains:
    1. The address and name of the office of the prosecutor's office;
    2. Full name and title of the head of the department;
    3. Full name and registration address of the applicant;
    4. Contacts for communication and cooperation.
  2. Informational part. It contains the complaint itself. It will need to indicate:
    1. Information about the applicant's employment (when, how much, by whom and where he worked);
    2. Information about delays;
    3. Brief description of attempts at peaceful settlement;
    4. Information about unpaid wages (namely the amount of withheld funds);
    5. Your requirements for the prosecutor's office
    6. Justification of the requirements.
  3. Conclusion. Contains other relevant data. Namely:
    1. An inventory of all documents attached to the complaint;
    2. Applicant's signature with decryption;
    3. Date of application.

This is the end of the standard complaint. You can submit it both in person and by mail by means of a registered letter.

Collective statement

Cases when non-payment of wages concerns only one employee are rare. Most often, departments, workshops or entire organizations are affected. In this regard, it will be very useful to replace a bunch of ordinary complaints with a collective statement to the prosecutor's office. A collective statement is one of the most effective tools in the fight for justice, because it marks a massive, and at the same time very gross violation of civil rights and labor contracts.

It is quite difficult to draw up a collective complaint for non-payment of wages for three reasons:

  • It is difficult to find all the victims and choose among them a representative in the prosecutor's office;
  • It is difficult to get this representative to keep everyone in touch;
  • It is very problematic to write the complaint itself.

If the first two points can be fully explained by the human factor, then it is worth dwelling in more detail on the preparation of a collective claim about the absence of wages.

So how is such a complaint made? The answer is simple - it is identical to the standard one, but at the same time it contains complaints and data from all citizens, one way or another related to the case. This modifies the complaint as follows:

  • In the heading of the complaint, absolutely all persons filing the complaint are indicated. In this case, it is worth indicating not only the full name, but also the registration address, as well as contacts. So heading a multi-page complaint is a common practice;
  • In the informational part, you can write a general violation if all cases of non-payment of wages were identical. If someone had changes or deviations from the standard reason, then this should be noted separately;
  • In conclusion, you will need to indicate the documents that all victims have. In order to navigate this long list, you can divide documents by complainant and submit in batches, and not all at once in one folder.

The collective complaint process is no different than that. Please note that it is not necessary to go to the office all at once - you can send one representative or send your claim by mail.

What if the application did not work?

Unfortunately, a statement to the prosecutor's office about non-payment of wages does not always give the desired result. This is possible in three cases:

  • The employer is really not at fault, and he has every legal basis for withholding wages;
  • The employer was forced to pay back the wages, but he ignored the decision of the prosecutor's office;
  • The employer somehow managed to hide the fact of violation from the prosecutor's office.

In the first case, you just have to try to understand the employer and wait for your money, not forgetting about compensation. In extreme cases, you can simply refuse to work and expect payments already at home. But in the second and third cases, you need to continue to fight for your civil rights. And the court will help you in this.

In order to, you will need to draw up a statement of claim. Its form is almost completely similar to the complaint to the prosecutor's office. It is worth noting only the following differences:

  • The item "Branch manager" will disappear from the title. Instead, you will need to indicate the respondent, namely the details of the company - the employer;
  • In the informational part, it will be necessary to add the cost of the claim, which will consist of compensation, withheld wages and legal costs;
  • In the final part, you will need to add a letter with a response from the prosecutor's office to the list of documents. Don't forget to attach it to your claim.

After writing the claim, the trial itself will begin. Your main task will be to prove that your wages are being withheld illegally. It will be extremely difficult to do this on your own, and sometimes even impossible. In this regard, it is worth hiring a lawyer even at the stage of preparing a claim.

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