A claim for non-issuance of a work book. Statement of claim for the recovery of compensation for the delay in the work book. Registration of payment of compensation

Failure to issue work book upon dismissal is a gross violation legal rights employee. But few people know that an employee can not only attract former leader to responsibility, but also to receive moral and material compensation from an unscrupulous employer.

Often, the reason that a dismissed employee did not receive this document on time may be not only the negligence of the personnel department, but also a tense relationship with the manager. An attempt to harm or manipulate an employee by keeping one of the main labor documents, leads to especially unpleasant consequences if the resigning person does not just leave, but plans to get a job in the near future new job.

In most cases, it is pointless to sort things out with the former leadership, ask or make a scandal, all this can only worsen the situation. It is entirely possible to protect yourself by staying calm and acting in accordance with labor laws. Where should a dismissed employee go? What should be done if, after dismissal, the employer does not give the work book? What can you do to compensate yourself for the losses associated with these misconduct?

The obligation to issue a work book to a dismissed employee. When an employer violates

The Labor Code of the Russian Federation, namely Art. 80 and 84.1 of the Labor Code of the Russian Federation, obliges any employer to issue a completed work book no later than on the last day of work, which will also be the day of dismissal of the employee. Labor book, as well as other documents confirming information about labor activity, are issued personally to the employee. In exceptional circumstances, for example, if a former employee is convicted and is in the place of serving a sentence, his relatives can receive a work book by proxy.

But if, under any pretext, the employer does not give the work book, what should be done first of all? Having received a refusal to issue this document, the dismissed employee has the right on the same day to transfer to the employer's representative or to the personnel department a written application (application) for the issuance of a work book after dismissal. The term for considering such an application is three days, during which the employer is obliged to satisfy the legal requirement of the employee by handing out the work book to the resigning person.

Conflict-free resolution of the situation can be greatly facilitated by trade union organization if any. A representative of the trade union committee can not only explain the rights of the employee or help to draw up a written appeal, but also act as an intermediary in negotiations between the dismissed employee (group of employees) and representatives of the employer.

Application (appeal to the employer): how to write?

The application is written in free form on a standard A4 sheet. It contains the following information:

• Full name and contact details of the applicant (employee).
• The requirement to give the applicant a work book in connection with the dismissal in person.
• Date of compilation of the appeal.
• Signature and transcript of the signature of the applicant.

If, for some reason, the employee is not able to personally appear later for his work book, consent to send the document by mail can be attached to the application. The consent should indicate the address to which the work book of the dismissed employee should be sent.

An application or a written appeal should be made in two copies, one of which is forwarded to the employer. On the second copy, the employer's representative puts a note on the receipt of the application with his signature, the employee retains this document. If the employer's representative refuses to accept the application or leave a signature on the second copy, a written request should be sent to the employer's organization with notification by registered mail.

Of course, if the failure to issue a work book by the employer was the result of an error in the work of the personnel service, the usual written request will be enough to remedy the situation. It's another matter if, by keeping the documents, the employer deliberately prevents the former employee from finding employment. In such a situation, it will not be possible to solve the problem without contacting the regulatory authorities or the court. What should an employee do if they do not give out a work book on purpose?

Application to the department of labor and employment inspectorate. What are the consequences of contacting Rostrud?

If they do not give the work book or refuse to send the document by mail, the next step of the employee will be to contact the territorial office (Rostrud). An employee who is deprived of the opportunity to work and earn money can write to the head of the local branch of Rostrud a complaint (statement) about the failure to issue a work book with a request to check and bring the former employer to administrative responsibility.

An application to the labor inspectorate is drawn up in writing in two copies or filled out in a special section of the Rostrud website via the Internet. The application will need to detail the following:

• Information about the employer: name, TIN, OGRN of the organization, legal and actual address, full name. and the position of the head.
• An offense in respect of which a check should be carried out, with reference to the articles of the Labor Code of the Russian Federation. In the case under consideration, this is the retention of the work book by the employer after termination with the citizen employment contract.
• Request to take action: conduct an audit of Rostrud, bring the former head to administrative responsibility, oblige personnel service return the work book to the dismissed citizen.
• Copies of supporting documents, for example, an employment contract with an employer (list of attachments and copies).

In addition, if you initiate a visit of a labor inspector to an organization, then not only the fact of unlawful retention of a work book will be checked, but all the activities of the employer within the competence of Rostrud. Based on the results of the inspection, the employer will be given an order indicating all violations identified in the organization and the time frame for correcting them. Including the period allowed for the issuance of all required documents to the dismissed employee.

Simultaneously with the application to the Labor and Employment Inspectorate former employee has the right to submit a written complaint about illegal actions to the prosecutor's office at the location of the former employer. In this case, on the fact of violation of the legislation in terms of labor rights, a prosecutor's check will also be carried out.

Administrative responsibility of the employer. Fines, sanctions

Failure to comply with the issued order, including violation of the deadlines for handing out or timely issuing a work book, gives the Federal Labor and Employment Inspectorate the right to bring an employer who has violated the law to administrative responsibility. The fine for not issuing a work book upon dismissal for a legal entity can range from 30 to 50 thousand rubles. An official, that is, a manager, or who did not issue a work book on time, may receive a punishment in the form of disqualification for up to three years or a fine from 1,000 to 5,000 rubles.

But if, despite the inspection of Rostrud and the issued order, the employer does not give the work book, what should the employee do?

How to oblige a former employer to issue a work book through the court

How else can you act if you do not give your work book? Go to court. It is not worth delaying the appeal to the court. The limitation period for failure to issue a work book and other documents on the day of dismissal is limited to 3 months from the date of termination of the employment contract.

Litigation is the most common and effective method restoration of violated rights if the employer does not give the work book. What to do in order to judicial procedure to oblige the former boss to issue a completed work book?

To begin with, the employee must correctly draw up a statement of claim. You can write it yourself or contact legal advice... You will need to provide the following information:

• Information about the plaintiff (applicant).
• Periods of work and position of the applicant, date of dismissal.
• Information about the employer.
• The offense committed against the applicant, with reference to the articles of the Labor Code of the Russian Federation.
• The applicant's request: issue a work book, make changes to existing records, and so on. The claim for non-issuance of a work book also includes requirements for moral compensation and compensation for material damage, if any.
• Attachments: copies of supporting documents.

A copy of the statement of claim is handed over against signature or sent with a registered letter to the defendant, that is, to the employer.

Moral compensation for the employee

Compensation for moral damage caused by the former boss by his actions is made in the manner prescribed by Art. 237 of the Labor Code of the Russian Federation. The amount of payments for a dismissed employee is established by the court taking into account all the circumstances of violation of laws and labor rights committed by the former employer.

Material compensation to the employee

Failure to issue (withhold) a work book at a previous job deprives a citizen of the opportunity to find a job in a new place or apply for temporary support to the Employment Center. Thus, the employee is left without the opportunity to receive or wages. What to do? Do they not give the work book or deliberately delay the issuance of this document? This is primarily a reason to demand compensation through the court. wages for the period when the employee could not find a job due to the fault of the former employer. For each day of forced inaction, the court will oblige the employee to pay compensation in the amount of at least the average earnings in the organization of the former employer.

Length of service and day of dismissal

Another violation of the rights of a dismissed employee concerns the length of service, which the employee lost through the fault of the former employer. By a court decision, the employee is reinstated at work for the entire period when the work book was with the unscrupulous employer. The day of dismissal will be the day when the employee was actually issued a work book and other documents confirming information about work and length of service. After the entry into force of the court decision, the employer is obliged:

• Issue an order to reinstate a dismissed employee at work, in the position he held at the time of dismissal.
• Make an entry in the work book of the reinstated employee on the invalidation of the previously made entry on the termination of the employment contract with the employee.
• Issue a new one dated on the day of issue of the work book.
• Make a corresponding entry in the work book.

Important! Reinstatement does not entail an employee's obligation to complete this period.

Circumstances and Measures Precluding the Employer's Liability

But is the law always on the side of the worker? Failure to issue a work book on the day of dismissal does not entail responsibility for the employer if the head (representative) of the organization did not have the opportunity to hand over the document to the employee in a timely manner, but he took all the necessary measures.

Perhaps the most common situation when the employer does not give the work book through no fault of his own is the absence of the dismissed employee on the last day of work or shift (day of dismissal). The reasons for this may be absenteeism, temporary disability, vacation followed by dismissal and other circumstances. The employer can take the following steps:

• Draw up an act confirming the absence on that day at the workplace of the dismissed employee with the entry of an appropriate mark in the timesheet.
• In a timely manner, send the employee a letter with official notification of the need to appear in person to receive a work book. As a rule, such a document is sent by registered mail to the place of registration (registration) of the employee, as well as to all the employee's addresses that are known to the employer. From the date of dispatch, the employer is relieved of responsibility for the late issuance of the document.

In a situation where the failure to issue a work book upon dismissal occurred due to a refusal to receive a document, the employer, in accordance with the law, must act as follows:

• On the day of dismissal, an act is drawn up on the refusal of a citizen to receive a work book. The employee must be familiarized with the act by signing.
• Ensure the storage of an unclaimed work book until it is handed over to the employee personally or within 75 years from the date of dismissal.

Where to restore labor?

But there are also very difficult cases. For example, the employer does not give the work book, and the organization in which the employee worked ceases to exist, that is, is liquidated. Difficulties arise if it is impossible to establish the whereabouts of the former leader. Over time, it may be possible to find an unscrupulous employer and return the lost document. But for employment for a new job or for calculating the length of service, the employee will need to issue and receive a duplicate of the work book. How to confirm the existing experience and who has the right to issue a duplicate of the document?

First of all, the employee will have to obtain documents confirming the existing and general. Such documents can be:

• Inquiries from the Foundation Social insurance and branches The Pension Fund confirming the existence of social contributions and pension contributions during these periods.
• References, copies of personnel administrative documents(orders) with previous places works, including information from archival organizations.

On the basis of supporting documents, information about the employee's past labor activity is entered into the duplicate. Who has the right to issue such a duplicate? According to the currently existing Rules, an employee must apply for a duplicate at the last place of work. But what to do when it is the last employer who is guilty of losing his employee's documents, and it is not possible to find him?

If the employee plans to find a job at a new place of work, then the new employer has the right to issue, issue a new work book and indicate information about the length of service on the basis of supporting documents. In the new work book, issued to replace the lost one, the total length of service of the previous labor activity is entered in total, but without specifying the periods of work, indicating the positions of the employee and previous employers.

The employer does not give the work book. What to do?

In accordance with domestic legal norms, the work book is the main document confirming the fact of the work of citizens, as well as the periods of such activity. Russian enterprises and entrepreneurs are obliged to maintain, store and issue these documents to individuals in the event of termination of relations. However, workers often have the question of what to do if the employer does not give the work book. Let's consider this question.

Registration of labor relations

A prerequisite for the proper registration of labor relations, it is necessary to conclude an appropriate agreement between the employer and the employee.

When performing these actions, the applicant submits to the personnel department the documents, a list of which is given in article 65 of the Labor Code of the Russian Federation. It is impossible to declare other requirements that are not specified in the above norm. This prohibition is reflected in the same article of the Code.

The employer issues an order on the fact of employment, which is the basis for making a corresponding entry in the work book. The named document is with the enterprise for the entire period of implementation by an individual job responsibilities.

Entries in the named form must be made in strict accordance with the requirements of Article 66 of the Labor Code of the Russian Federation and the Rules for maintaining and storing work books, making work book forms and providing employers with them.

It is important to remember that the employer is obliged to issue a work book only after the employee is dismissed.

Obligations of an employer upon dismissal of an employee

The provisions of the Labor Code Russian Federation freedom of labor is declared. It follows from this that every individual has the right to quit his job at any time without giving any reason. To do this, it is enough only to inform the company in advance about the upcoming dismissal.

An employer can also fire their employee. However, this requires good reasons, directly indicated in the norms of domestic legislation.

It should be noted that regardless of the initiator of the dismissal and the reasons for the termination of work, there is general order execution of termination of an agreement or agreement.

In accordance with Art. 84.1 of the Labor Code of the Russian Federation on the last day of work, an individual must be paid all the necessary amounts. In addition, dismissal under an employment contract without issuing a work book is not allowed.

The entry in the above document must be made at the time of completion labor function... This entry is made in accordance with the wording of the order to dismiss the employee. The specified order must be communicated to the individual, who confirms the fact of familiarization with it with a handwritten signature.

On the date of termination of work, the personnel department is obliged to give the citizen all Required documents... Failure to issue a work book upon dismissal is unacceptable.

If the employer has not returned the work book

Each person in the performance of their official duties may face unfair behavior of the enterprise. Such abuses relate to the rights of employees and are expressed in non-compliance with the procedure for final settlement, the illegality of the grounds for terminating the contract, the failure to issue an order, or the delay in the work record book upon dismissal.

For such cases, domestic legislation has developed a special algorithm of actions that is mandatory for the employee and the employer. This mechanism is intended to protect the rights of a citizen, granted to him by law, as well as to protect the enterprise from unfounded claims former employees.

The specific procedure is contained in article 84.1 of the Labor Code of the Russian Federation. If the employer does not give the work book on the last working day due to the refusal to receive it or the absence of the employee, then the organization must send the citizen a message about the need to appear for the documents or agree to send them by mail. The work book should be sent in a valuable letter with a list of attachments.

It is important to remember that only when the described algorithm is executed, the employer is released from responsibility for not issuing a work book when an employee is fired.

These actions and consequences apply if the documents related to the work were not received by an individual as a result of his will or because of circumstances that the parties could not influence. This conclusion follows from a literal interpretation legal regulations.

A completely different procedure should be followed by an employee when he is deliberately not given a work record book upon dismissal. In this case, the citizen should send the employer a written request to return his work book within a certain period.

If it is impossible to convey such a message to the enterprise or the employer does not comply with it, then it is advisable to file a complaint with the labor inspectorate or with the prosecutor's office of the Russian Federation. Also, the employee may demand the issuance of the book through the court.

The employer's responsibility for the delay in issuing a work book

Regardless of the reason for the failure of the employer to fulfill his obligations upon dismissal of an individual current legislation liability for violation of the provisions of the law is envisaged. Possible negative consequences identified regulations Russian Federation.

Article 5.27 of the Code of Administrative Offenses of Russia provides for liability for violation of the norms of the Labor Code of the Russian Federation. If the employer is an organization, then the fine for not issuing a work book reaches 50,000 rubles. Individual entrepreneurs can be fined up to 5,000 rubles.

Monetary funds in the specified amounts are payable to the state. In addition to the described fine, for ignoring the requirements of the Labor Code of the Russian Federation, the employer must also make payments in favor of the employee.

Article 234 of the Code provides for compensation for failure to issue a work book. Its size is determined by the amount of earnings not received by the employee for the period from the moment of dismissal to the date of transfer of the relevant document to an individual.

The described negative consequences can occur for the employer both in case of his evasion from the issuance of labor, and in the event that he did not send the employee the notification described above.

B (indicate the name of the court to which the application is submitted)

Plaintiff / Representative of the Plaintiff: (indicate name, place of residence, other information may be indicated: phone numbers, fax numbers, e-mail addresses)

Defendant: (indicate the name of the defendant, location, other information may be indicated: phone numbers, fax numbers, e-mail addresses)

Claim price: (amount in rubles)

Statement of claim

I, (indicate your full name), in the period from "__" ________ 20__ to "__" ________ 20__ worked (indicate the full name of your employer) (hereinafter - the Respondent) in the position of (indicate the position or positions in which you worked during the specified period of time). A copy of the employment contract dated "___" ________ 20__ year No. (indicate the number and date of the employment contract under which you worked, if any), a copy of the work record book and the order for appointment to the position from "___" _______ 20__ are attached (do not forget to attach to the statement of claim copies of the work book and the order on the appointment to the position, if any).

I applied (s) to the Respondent on "___" ________ ___ with a statement to terminate a fixed-term employment contract with me from "___" ________ ___.

After the expiry of the term of the notice of dismissal, I stopped work and filed a request to issue me a work book, a copy of an order to terminate an employment contract, a certificate of salary, (other documents related to work), as well as the final settlement with me. On the last day of work, the defendant did not give me the work book and the indicated documents, he did not make the final settlement with me.

Due to the delay in issuing a work book and documents related to work with the Respondent, I was unable to get a new job (or other circumstances).

In accordance with article 165 of the Labor Code of the Russian Federation, the Defendant is obliged to pay me compensation for the delay through his fault in issuing a work book to me upon dismissal. The size of my average salary is (indicate the size of the average salary) rubles per day. Compensation payable is calculated for the time from "___" ________ ___ (to calculate after three days from the date of filing with a written request) and until the date of actual issue. At the time of filing the claim, the amount of compensation is (indicate the amount) rubles.

Based on the foregoing and in accordance with Articles 84.1, 165, 234, 237, 391, 392 of the Labor Code of the Russian Federation, guided by the provisions of Articles 22, 24, 131, 132 of the Civil Procedure Code of the Russian Federation,

Request from the Respondent my work book, a copy of the order to terminate the employment contract with me, a certificate of the amount of my salary (other documents related to work).

To collect from the Respondent in my favor the salary not paid to me upon dismissal for (indicate the period) in the amount of (indicate the amount to be recovered) rubles.

Due to the delay in issuing me a work book, to collect compensation from the employer in the amount of (indicate the amount to be recovered) rubles.

Appendix: (attach to the statement of claim all available documents in your case, listing them and briefly describing them):

1. A copy of the statement of claim on ___ sheets in ___ copies (indicate the number of sheets of the statement of claim, the number of copies by the number of defendants and third parties);

2. A copy of the employment contract dated "_" _______ 20__ year No.__ on __ sheets (indicate the number of sheets of the contract, the number of copies by the number of defendants and third parties if they do not have the specified document);

3. A copy of the order on appointment to the position on ___ sheets in ___ copies (indicate the number of sheets, the number of copies by the number of defendants and third parties if they do not have the specified document);

6. Calculation of the amount recovered (signed by the plaintiff, his representative) on ___ sheets in ___ copies (indicate the number of sheets, the number of copies by the number of defendants and third parties).

7. Documents confirming the circumstances on which the plaintiff bases his claims, copies of these documents for the defendants and third parties, if they do not have copies.

8. Power of attorney or other document certifying the authority of the plaintiff's representative.

"___" __________ 20__.

Plaintiff / Representative of the plaintiff (if he has the authority to sign the application and submit it to the court): _________ (full name and signature).

A sample, a form for filling out an application to the court of the Russian Federation if they do not issue a work book. In accordance with article 165 of the Labor Code of the Russian Federation.

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Law as a social phenomenon causes this or that attitude of people towards it, which can be positive (a person understands the necessity and value of law) or negative (a person considers law to be useless and unnecessary).

The question "what to do if the employer does not give the work book?" common. First of all, you need to try to resolve the issue with your boss in an amicable way. If this method did not solve the problem, then you need to go to court to defend your labor rights.

The duty of the boss to give the work book to the dismissed employee. Violation of labor rights

The legal relations that arise in this area are governed by the Labor Code of the Russian Federation (hereinafter referred to as the Labor Code of the Russian Federation). regulates the employer's obligation to return the work book of an employee who leaves:

“On the day of termination of the employment contract, the employer is obliged to issue the employee with a work book and make settlements with him in accordance with Article 140 of this Code. At the written request of the employee, the employer is also obliged to provide him with duly certified copies of documents related to the work. "

Refunds must be made on the last day, which is considered to be a working day on the basis of a letter of resignation or for other reasons.

Important: the employer may incur administrative responsibility in the event that they are indicated in the work book.

The legislation of the Russian Federation identifies several cases in which the employer has the opportunity not to issue a document to the employee and not be punished:

1. On the day when it is planned to terminate the employment contract, the employee is absent from the organization.
2. The employee himself refuses to take the book.

In this case, the boss needs to send a notification to the employee that he must pick up all his documents. If after that he is not, then the papers are sent by registered mail.

By law, the organization issues a document on the last working day or within three days after an application is received from a resigning citizen.

How to pick up a work book from an employer

The most effective way to solve this issue is the preparation of a statement of claim and its submission to the court. It is best to fill out this paper with the help of a lawyer, since important points can be missed when drafting.

Attention: you must first notify your superior and send him a regular extradition request.

If the boss ignores the request, it is necessary to go to court. The employee's action algorithm is as follows:

1. Drawing up a statement of claim (the rules below must be taken into account). You can submit an application to the district court at the location of the enterprise.
2. You can file a lawsuit in court within a month from the date of dismissal. That is why you should not delay the process.
3. After filing, the trial begins. After the decision of the court, the employer is obliged to pay compensation for the delay and return the book.

Lawyers highlight the main points that must be observed when writing a claim on this issue:

1. The legal action provides for a special structure. It must be observed.
2. Each fact and offense is indicated to accurately describe the tort.
3. The general content of the claim should be placed in a volume equal to three sheets.

The application itself, which is addressed to the employer, may look as follows:

In addition, the person has the right to write a complaint against the manager and address it to Rostrud. Rostrud is a special inspectorate that supervises labor and employment. The complaint is filed as follows:

The term of a citizen's appeal is not limited. The inspectorate allocates 30 days for the consideration of his application.

Responsibility for keeping the work record book with the chief

Delaying a work book is an offense. The Labor Code of the Russian Federation enshrines the provisions that the official heading the organization undertakes to compensate for the damage caused to the employee (as well as):

"The party to the employment contract (employer or employee) that caused damage to the other party shall compensate this damage in accordance with this Code and other federal laws." (Labor Code of the Russian Federation Article 232)

"The employer is obliged to reimburse the employee for the earnings not received by him in all cases." (Labor Code of the Russian Federation Art.234)

"Violation of labor legislation and other regulatory legal acts containing norms labor law unless otherwise provided by parts 3, 4 and 6 of this article and article 5.27.1 of this Code,

- entails a warning or the imposition of an administrative fine on officials in the amount of one thousand to five thousand rubles; on persons carrying out entrepreneurial activity without forming a legal entity - from one thousand to five thousand rubles; on legal entities- from thirty thousand to fifty thousand rubles. "

It is noteworthy that the size of the fine for legal entities and individual entrepreneurs differ. The legal entity must pay from 30 to 50 thousand rubles. In turn, the individual entrepreneur pays from one to five thousand rubles.

The institution of moral compensation in the Russian Federation is rather poorly developed. That is why in this case everything is individual. The court considers each specific case and makes different decisions.

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Topical issues

Does the employer have the right not to give the work book without a work-around sheet?

According to the legislation in force on the territory of the Russian Federation, the head is obliged to return the citizen's document (in this case, the book), even if there is no bypass sheet. Labor legislation does not regulate the mandatory presence of a work-around sheet.

The employer did not return the book, did not make the payment and disappeared. What to do?

In order to solve this problem, a person must first contact Rostrud with a complaint and point out the violation of his rights.

If the situation is not resolved, you should file a statement of claim directly with the court.

The employer did not formalize the employee, and he does not give the employee. What to do?

In this case, you must contact the law enforcement agencies. This is a serious offense. It is worth noting that there is no specific norm in the legislation that can regulate the procedure in this case.

The boss does not return the work book and does not fire - what to do?

This case is a violation of the employee's rights. There are two ways to get out of the situation:

1. Hold the head of the organization accountable. The attraction will take place according to the Code of Administrative Offenses of the Russian Federation, namely, according to. By law, the organization will pay a fine.
2. Submit a statement of claim to the court with a request to recover funds from the organization. The resigning person also has the right to compensation for moral damage.

Is the new work book legal?

It is possible to get a new work book, but there must be a reason for this. In case of its loss, a statement is written to the name of the new chief, after which such a possibility is confirmed and a new book is started. If a person indicates false reasons for the establishment of a new document, then he is threatened with several types of liability (disciplinary - dismissal, administrative - a fine, in extreme cases, criminal).

Where to restore labor?

The work book is restored at the current workplace by means of an employee's application. A new document is approved within 15 days. It is noteworthy that after accepting the application, the boss sends a request for data to the previous workplace.

In what cases the employer's liability is excluded

Chapter 38 of the Labor Code of the Russian Federation regulates the material liability of the employer. It is noteworthy that it does not establish certain circumstances in which the boss has the right not to pay compensation for the harm caused.

It only establishes the obligation of payments.

Watch a video on what to do if the former employer does not give the work book

July 3, 2018, 13:47 Jul 30, 2018 23:46

To the Ramensk city court

Moscow region

140100, Moscow region,

Ramenskoe, st. Vokzalnaya, 2

Plaintiff: Nikulin Vladimir Nikolaevich registered

At the address: 140100, Moscow region, Ramensky district,

Pos. Friendship, st. Jubilee, 62, apt. 5

Defendant: Department of Internal Affairs

According to Ramensky municipal district Moscow region

140100, Moscow region,

G. Ramenskoe, st. Mikhalevich, 53

The cost of the claim - 27 352 rubles

Compensation for moral damage -

100,000 rubles

on the issuance of a work book,

recovery monetary compensation for the delay

issuance of a work book and compensation

non-pecuniary damage

I, Nikulin Vladimir Nikolaevich, from August 2005 to December 2010 served in the Internal Affairs Directorate for the Ramenskoye municipal district of the Moscow region, which is the defendant in this claim, as a senior inspector of the service of the immediate response group about the PPSM ATC for the Ramenskoye municipal district of the Moscow region, and from December 2010 until the date of dismissal, 02.04.2011, I was at the disposal of the defendant. The above circumstance is confirmed by the service description dated 02/14/2011, signed by the commander of the OB PPSM in the Ramensky municipal district of the Moscow region.

In accordance with Art. 5 of the Labor Code of the Russian Federation regulation labor relations and other relations directly related to them in accordance with the Constitution of the Russian Federation, federal constitutional laws are carried out by labor legislation (including legislation on labor protection), consisting of the specified Code, other federal laws and laws of the constituent entities of the Russian Federation containing labor law norms.

By virtue of Art. 84.1 of the Labor Code of the Russian Federation on the day of termination of the employment contract, the employer is obliged to issue the employee a work book and make payments with him in accordance with article 140 of the said Code. Upon the written application of the employee, the employer is also obliged to provide him with duly certified copies of documents related to the work. In violation of the requirements of the above norm, on the day of dismissal from service, the defendant did not give me a work book with a record of my dismissal from service in the internal affairs bodies, paragraph "e" of Art. 58 of the Regulations on service in the internal affairs bodies, approved by the Resolution of the Supreme Soviet of the Russian Federation No. 4202-1 of December 23, 1992, according to which employees of the internal affairs bodies can be dismissed from the service to reduce staff - in the event of liquidation or reorganization of the internal affairs body in the event of the inability to use an employee of the internal affairs bodies in the service. In addition, the defendant did not return my military ID, a copy of the order on dismissal from service in the internal affairs bodies, the result of passing the military medical commission for fitness for service in the internal affairs bodies, pay sheets for the period from 04/01/2010 to 03/31/2011 of the year.

Since the defendant, upon dismissal from service in the internal affairs bodies, did not give me the documents listed above, I have the right to present to the defendant a claim for the issuance of a work record book, a military ID, a copy of the order for dismissal from service in the internal affairs bodies, the result of passing a military medical commission on subject of fitness for service in the internal affairs bodies, pay sheets for the period from 01.04.2010 to 31.03.2011.

Based on Art. 234 of the Labor Code of the Russian Federation, the employer is obliged to reimburse the employee for the earnings not received by him in all cases of illegal deprivation of his opportunity to work. Such an obligation, in particular, occurs if the earnings are not received as a result of the employer's delay in issuing the work book to the employee.

From the above circumstances, it follows that I have the right to file a claim against the defendant for damages caused by the delay in issuing a work book. The calculation of losses is attached to this statement of claim.

In accordance with Art. 237 of the Labor Code of the Russian Federation, moral damage caused to an employee by unlawful actions or inaction of the employer is reimbursed to the employee in cash in the amount determined by agreement of the parties to the employment contract.

In the event of a dispute, the fact of inflicting moral harm on the employee and the amount of his compensation shall be determined by the court, regardless of the property damage subject to compensation.

As a result of illegal actions on the part of the defendant, which are expressed in the delay in issuing my work book, I cannot get a job. That is, as a result of the defendant's illegal actions, expressed in the delay in issuing me a work book, I am deprived of my livelihood.

I estimate the compensation for the moral damage caused to me at the rate of 100,000 (one hundred thousand) rubles.

In order to protect the violated rights and legitimate interests, I was forced to apply for legal assistance to OOO Contact, to whose cash desk I paid an amount of 23,914 (twenty one thousand seven hundred forty seven) rubles and, therefore, I incurred payment costs legal aid.

Based on the above circumstances, Art. 5, 84.1, 234, 237 of the Labor Code of the Russian Federation, art. 22 of the Law of the Russian Federation "On Police",

I BEG:

1. To oblige the defendant, the Department of Internal Affairs for the Ramensky municipal district of the Moscow region, to issue me, Nikulin Vladimir Nikolaevich, a work book.

2. To oblige the defendant, the Department of Internal Affairs for the Ramenskoye municipal district of the Moscow region, to issue me, Nikulin Vladimir Nikolaevich, a military ID.

3. To oblige the defendant, the Department of Internal Affairs for the Ramenskoye Municipal District of the Moscow Region, to give me, Nikulin Vladimir Nikolaevich, a copy of the order for dismissal from service in the internal affairs bodies.

4. To oblige the defendant, the Department of Internal Affairs for the Ramenskoye Municipal District of the Moscow Region, to give me, Nikulin Vladimir Nikolaevich, a copy of the conclusion of the military medical commission on the subject of suitability for service in the internal affairs bodies.

5. To oblige the defendant, the Department of Internal Affairs for the Ramenskoye municipal district of the Moscow region, to issue me, Vladimir Nikulin, payment sheets for the period from 01.04.2010 to 31.03.2011.

6. To recover from the defendant, the Department of Internal Affairs for the Ramenskoye municipal district of the Moscow region, compensation for the delay in issuing a work book in the amount of 27 352 (twenty seven thousand three hundred fifty two) rubles for the period from 02.04.2011 to 31.05.2011.

7. To collect from the defendant, the Department of Internal Affairs for the Ramenskoye municipal district of the Moscow region, in my favor the expenses incurred by me in the amount of 23,914 (twenty three thousand nine hundred and fourteen) rubles to pay for legal assistance.

8. To collect from the defendant, the Department of Internal Affairs for the Ramenskoye municipal district of the Moscow region, in my favor as compensation for the moral damage caused to me in the amount of 100,000 (one hundred thousand) rubles.

Applications:

1. Copy of the statement of claim - 1 copy.

2. Copy performance characteristics- 2 copies.

3. A copy of the agreement with LLC "Contact" and the receipt of payment legal services- 2 copies.

4. Calculation of claims - 2 copies.

5. Copy of the money certificate - 2 copies.

“__” _______ 2011 ____________ V.N. Nikulin

Download the statement of claim in WORD 54678.docx format

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