They do not give a work book a statement of claim sample. The employer does not give the work book

In any case, every employer is faced with the fact that sooner or later his employees put an application on the table for own will.

Don't give back work book after being fired?

Of course, in this situation, you need to behave correctly. It is necessary to let go, even the most promising employee, because every citizen of our country has an established right to free work. But many employers can't just let an employee go and begin to put sticks in his wheels in every possible way. Banal and harmless encroachments on the opinion of an employee can even result in a significant fine and legal proceedings.

Often, employers try to attract the attention of an employee, and if he flatly refuses to stay, employers try in every possible way to delay the departure of a profitable employee.

This behavior underlies many labor disputes, where already in court the employee and the employer sort things out.

Where to contact if the employer delays the return of the work book upon dismissal?

Not infrequently, upon dismissal, the employer does not hand over the work book to the employee. There may be several reasons for this. Perhaps the employer simply simply forgot that he was saying goodbye to the employee, swirled in business, and so on. Where to apply?

Or maybe the employer, as best he can, is trying to delay the moment the employee leaves, or even trying to take revenge on him for such an unexpected departure. One way or another, but the consequence of all these actions is the same - the employee is left without a work book, which means without the opportunity to go to get another job.

If they do not issue a work book, try contacting the personnel department of the enterprise.

Ask employees to do everything possible to return the document to you on time - otherwise you have every right to contact the appropriate authorities, as a result of which fines and penalties will be imposed on the organization.

If you are working in large organization, it may collect a commission on labor disputes , which, in accordance with labor legislation, should oblige the employer to issue you a book.

If it is not possible to assemble such a body within the organization, you have every right to go to court or to the labor inspectorate. In this case, sanctions from state bodies will be much higher.

If the work book was issued out of time?

If the work book was issued out of time, you should not slow down such actions of the employer.

Even if you didn't suffer any losses from such behavior the action was performed illegally, which means, you must hold the violator of the law to account. You can contact the labor inspectorate.

The result of such an appeal will be the appearance of inspectors in the organization, where appropriate checks of the documents of the personnel department will be carried out on how work books, magazines are maintained and how the labor rights of employees are observed.

If, in addition to your case, other violations are found, the organization will incur a fine for its actions., but you will not experience any favorable consequences on your wallet other than moral satisfaction.

As for more punitive measures, you have the right to appeal to the court.

Perhaps the employer puts you in an awkward position with his delay in issuing a document regarding employment for another job, and so on.

You incur losses because you do not receive wages and do not receive other income. For this, the employer must answer in court, where, in fact, you must invite him.

Statement of claim for non-issuance of a work book?

Before you apply to the court, you should know what documents you need to provide to this instance.

Certainly, you must have your choice employment contract and other documents confirming the fact of your work in the organization. Also, you must properly file a claim for non-issuance of a work book. How exactly this document is compiled, we will tell in our article.

Where to apply?

Statement of claim by all rules submitted to the court. In order to understand the jurisdiction and determine more specifically the court to which you want to send your application, you need to know well where your employer's office is registered. An application for the return of a work book is submitted at the location of the defendant, that is, the organization where you performed your labor function.

Given the statement must be supported by necessary documents like a government tax, necessarily paid in your name, as well as documents that prove the fact of your work in this organization.

These can be photocopies of an employment contract, an employment contract, as well as other documents confirming the fact of your work in an organization. But certainly the most important document of all of the above is statement of claim. About how to draw it up in accordance with all the rules and requirements of the law - in our next paragraph.

How to compose correctly?

The statement of claim is drawn up on an A4 sheet. Be sure to come to court and take a sample of filling this document. If there is no example in court, look for similar statements on the Internet.

On the right is written the name of the court where you send the statement of claim, as well as contact information about the defendant and the plaintiff.

In the general text of the application, you must indicate, referring to the articles Labor Code where and in what way your rights were violated.

Try not to use the emotional coloring of the recording. Keep everything short and concise legal language. If you cannot write facts in this way, contact a lawyer.

Your claim must also include an estimate of the damage you have suffered.. Try not to overstate your requirements. Also, do not forget to indicate the documents that are also attached to your statement of claim. At the end of the application must be the seal and signature of the plaintiff, that is, you.

What is the responsibility?

Failure to issue a work book threatens with administrative responsibility, a fine in the amount of three hundred to five hundred rubles is due for it.

For each day of delay in issuance there is a penalty, which is equivalent to the number accepted in the region.

Also, the employee in court can recover from the employer compensation for lost profits, as well as non-pecuniary damage.

IN labor practice there were often cases when an employee, for several days of delay in issuing a work book, sued very impressive amounts from the employer.

One way or another, but if the employer is going to commit an unlawful act against you, he does not have the right to this act and, accordingly, must be punished in full according to the law and in proportion to the damage caused to you.

Who is responsible?

The employer is directly responsible for keeping the work book of the employee!

Therefore, it is on him that all penalties are imposed. But in the event that the work book was retained not by the employer, but by the personnel department by mistake or by negligence, then it is the employee who committed this oversight that is responsible for compensating the employee for losses incurred.

Penalty for non-issuance of labor upon dismissal

A fine for non-issuance is also imposed, in addition to legislative acts, by the organization itself.

Many organizations set internal instructions, according to which an employee who has not issued a work book to a dismissed person in time is liable for the organization established by a local regulatory legal act.

And this means that the employee must pay the fine that the organization has established.

Material liability

Compensation for the delay in issuing a work book

If the employee has not received a work book, he can claim not only compensation in court, but also compensation before going to court

The fact is that it is much more profitable for an employer to pay material compensation to an employee without involving state bodies. Compensation for labor is paid for each day of delay.

How to correctly calculate compensation?

In order to calculate compensation, you need to estimate how much an employee could receive if he got a job. But, unfortunately, in the absence of a work book, he did not do this. According to calculations, for example, if the daily income of an employee was one thousand rubles, each day of delay will be equal to this amount.

Thus, multiplying the citizen's salary by the number of days of labor retention, we get the amount of compensation.

Calculation example

For example, Anatoly worked in big company financial analyst and received a salary of 50 thousand a month. The payment for one day of work of such a specialist cost the company 2,600 rubles.

After the dismissal, the labor was lost, and the personnel officers could not find it. In total, she was issued only ten days after her dismissal. The amount for ten days amounted to 26 thousand rubles.

Court practice: withholding a work book upon dismissal

Judicial practice is literally replete with examples of calculations of such situations.

Very often, employers and personnel officers, due to their inexperience and inaccuracy, lose their work book and spend a long time on restoring it, and meanwhile the amount for compensation is growing every day.

Most often in judicial practice there is a case where the employer, trying to take revenge on his employee, tries to hide his book as far as possible and not give it to his hands for as long as possible. But, unfortunately, most often such employers only make things worse for themselves. By the fact that they do not provide the employee with a work book, they only increase the amount of payment that they will have to pay in compensation, but many unfortunate employers do not think about it until they come to court on the claim of their employee.

Unfortunately, such situations are found everywhere and I really want to learn how to deal with them and finally inspire employers that it is necessary to respect the rights of their subordinates.

But also often in practice there is a case when the employee himself is trying to get money from a decent employer.

To do this, the employee specifically gets rid of his labor and then, after waiting for a certain period to pass, goes to court demanding compensation.

Unfortunately, sometimes such cases are taken into account and impressive amounts are really written off from the employer just like that. It's all to blame for the fact that the employer, in his naivety, did not demand a receipt from the employee in obtaining a labor.

Conclusion

Whether you are an employee or an employer, you are without fail should respect the interests of other citizens. Only then can you hope for a return.

Even if an employee leaves you as an employer, be happy for him. It is quite possible that soon this worker will find himself in life and will remember you with a kind word for the fact that you taught him a lot and gave him a lot.

Employers must keep work books for all employees and keep records of them. Issuance of a work book made only upon dismissal. Getting a work book is made strictly under the signature of the employee in the register. on the day of dismissal worker.

What to do, if did not issue a work book?

What to do if do not give work book?

Which responsibility for the delay of the work book provided by the Labor Code of the Russian Federation?

Issuance of a work book upon dismissal.

The employer is obliged to issue a work book on the employee's last day of work. If the employee is absent on the day of dismissal or refuses to receive it, then it is imperative to send him a letter in which to notify him of the need get a work book or agree to be sent by mail. Without the consent of the employee, the work book cannot be sent by mail.

Only from the moment of sending the notice, the employer is not responsible for work book delay!

Responsibility for the delay of the work book.

For the delay of the work book, the employer is responsible for the ruble! He is liable for illegal actions: deprivation of an employee of the opportunity to work.

After all, when applying for a job, you need to submit a work book. If not work book issued and the employer deprived the employee of the opportunity to get a job, then he must be responsible for this.

There is a small clause in the Labor Code: if the work book is lost, then the employer must issue a new one. However, this does not remove responsibility for work book delay.

For every day delay in the issuance of a work book the employer must pay the employee average earnings.

Many employees take advantage of this situation. When the employer did not issue a work book immediately and did not send a notification, they calmly rest at home, and then demand the average earnings for the entire time of delay in issuing. Some employers do not send a notification because they do not know about it, they are simply legally illiterate, others know about it, but they think that the employee will come for labor himself, they do not expect a catch. And as soon as the employee begins to demand his money, then only they begin to "form legally."

What should an employee do if they did not issue a work book on the day of dismissal?

The situations can be different: you were absent on the day of dismissal (sick), the day of dismissal is the last day of vacation, you simply were not given a work book.

If you are sick, but wrote a letter of resignation of your own free will, then the employer is obliged to send you the notice mentioned above. You can pick up your work book any day. When you come to the employer, write a statement: “I ask you to issue a work book”, let the secretary put a mark on your copy of acceptance. In this case, the employer is obliged to issue a work book no later than three working days from the date of application. Received a work book - good. Not issued - there was a delay. And you have a statement in your hands that you applied. You can demand average earnings for each day of delay.

If the employer did not send a notification, then from the next day after the dismissal, his liability begins. You can also claim average earnings for each day you are prevented from working.

If the day of dismissal falls on the last day of vacation (dismissal of one's own free will, leave is granted with subsequent dismissal), then the work book is issued on the last day of work, before the vacation, and not at the end of the vacation.

If you worked on the day of dismissal, and you just work book not issued(there was no one to make a note, no one to sign), then the employer is responsible for each day of non-issuance. Demand an average income! Does not pay voluntarily - file a lawsuit! The main thing is to correctly draw up an application, calculate and justify everything correctly. Call! Let's make a claim for you!

However, I strongly recommend in this case to stock up on an application for the issuance of a work book with a mark of receipt by the employer. Otherwise, the court will then have nothing to confirm what you wanted to receive, but you were not given.

The applicant was accepted for the position of sales consultant in the organization. The applicant was dismissed of her own free will. However, until now, the applicant has not been paid wages and has not been issued a work book. The applicant asks to consider this complaint on the merits. Restore the violated rights of the applicant and hold the perpetrators accountable.

To the State Labor Inspectorate
G. _________,
address: ______________________

____________________________
address: ______________________

COMPLAINT
On ___________, I, ___________, was hired as a sales assistant in the spare parts department of ________ LLC, which was recorded in the work book, and is confirmed by an employment contract dated _________, with an official salary of _________ rubles.
After the conclusion of the employment contract, official duties I did it in good faith. For the entire period of implementation of their job duties any remarks on the work and disciplinary actions did not have. Nevertheless, my rights were violated by the employer.
So, by order of ________, I was dismissed of my own free will. However, until now, I have not been paid wages and have not been issued a work book.
In accordance with Article 140 of the Labor Code of the Russian Federation, upon termination of the employment contract, payment of all amounts due to the employee from the employer is made on the day the employee is dismissed. If the employee did not work on the day of dismissal, then the corresponding amounts must be paid no later than the next day after the dismissed employee submits a request for payment.
In accordance with Art. 140 of the Labor Code of the Russian Federation, on the day of dismissal, your company must pay all the amounts due to me from the employer, including wage arrears.
To date, salary arrears for ___________ years is __________ rubles.
To repeated requests for payment of debts during the work period, the employer receives rude answers, which can be considered as an unreasonable refusal to pay the dues due to me. Money.
I believe that the actions of ________ LLC are aimed at violating my rights guaranteed by Art. 21 of the Labor Code of the Russian Federation, and for failure to comply with the law assigned to you, Art. 22 of the Labor Code of the Russian Federation, duties.

So, in accordance with Art. 21 of the Labor Code of the Russian Federation, an employee has the right to:

conclusion, amendment and termination of an employment contract in the manner and on the terms established by the Labor Code, other federal laws;
timely and full payment wages in accordance with their qualifications, the complexity of the work, the quantity and quality of the work performed;
full reliable information about working conditions and labor protection requirements at the workplace;
protection of their labor rights, freedoms and legitimate interests in all ways not prohibited by law;
resolution of individual and collective labor disputes, including the right to strike, in accordance with the procedure established by the Labor Code and other federal laws;
compensation for harm caused to him in connection with the performance of labor duties, and compensation moral damage in the manner prescribed by the Labor Code, other federal laws.
In turn, in accordance with Art. 22 of the Labor Code of the Russian Federation, the employer is obliged:
comply with labor legislation and other regulatory legal acts containing labor law norms, local regulations, terms of the collective agreement, agreements and employment contracts;
provide workers equal pay for work of equal value;
pay in full the wages due to employees within the time limits established in accordance with the Labor Code, the collective agreement, the rules of internal work schedule, employment contracts;
compensate for harm caused to employees in connection with the performance of their labor duties, as well as compensate for moral damage in the manner and on the conditions established by the Labor Code, other federal laws and other regulatory legal acts Russian Federation;
perform other duties stipulated by labor legislation and other regulatory legal acts containing labor law norms, a collective agreement, agreements, local regulations and labor contracts.
I want to note that the legislation provides for liability for violation by the employer of the rights of the employee.
According to Art. 142 of the Labor Code of the Russian Federation, the employer and (or) the representatives of the employer authorized by him in the prescribed manner, who have allowed a delay in the payment of wages to employees and other violations of wages, are liable in accordance with the Labor Code and other federal laws.
In accordance with Art. 236 of the Labor Code of the Russian Federation, if the employer violates the established deadline for paying wages, vacation pay, dismissal payments and other payments due to the employee, the employer is obliged to pay them with interest ( monetary compensation) in the amount of not less than one three hundredth of the current refinancing rate Central Bank the Russian Federation from the amounts not paid on time for each day of delay, starting from the next day after the due date of payment until the day of actual settlement, inclusive. The amount of monetary compensation paid to an employee may be increased by a collective agreement or an employment contract. The obligation to pay the specified monetary compensation arises regardless of the fault of the employer.
According to part 1 of Art. 145.1 of the Criminal Code of the Russian Federation non-payment of more than two months of wages, pensions, scholarships, allowances and other statutory payments made by the head of an organization, by an employer - an individual out of mercenary or other personal interest - certain activities for up to five years, or imprisonment for up to two years.
In accordance with Art. 362 of the Labor Code of the Russian Federation, managers and others officials organizations, as well as employers individuals guilty of violating labor law and other regulatory legal acts containing labor law norms, are liable in cases and in the manner established by the Labor Code and other federal laws.
In accordance with Art. 419 of the Labor Code of the Russian Federation, persons guilty of violating labor legislation and other acts containing labor law norms are subject to disciplinary and material liability in the manner established by the Labor Code and other federal laws, and are also subject to civil, administrative and criminal liability in the manner established by federal laws.
In accordance with Article 352 of the Labor Code of the Russian Federation, one of the main ways to protect the labor rights and legitimate interests of employees is state supervision and monitoring compliance with labor laws.
According to Article 353 of the Labor Code of the Russian Federation, state supervision and control over compliance with labor legislation and other regulatory legal acts containing labor law norms in all organizations on the territory of the Russian Federation is carried out by the bodies of the federal labor inspectorate.
State supervision over compliance with the rules for the safe conduct of work in certain industries and at some industrial facilities, along with the bodies of the federal labor inspectorate, is carried out by the federal executive authorities for supervision in the established field of activity.
In accordance with Article 356 of the Labor Code of the Russian Federation, in accordance with the tasks assigned to them, the bodies of the federal labor inspectorate exercise the following main powers:
carry out state supervision and control over compliance in organizations with labor legislation and other regulatory legal acts containing labor law norms, through inspections, examinations, issuance of mandatory orders to eliminate violations, and bringing the perpetrators to justice in accordance with federal law;
receive and consider applications, letters, complaints and other appeals of employees about violations of their labor rights, take measures to eliminate the identified violations and restore violated rights.
Based on the foregoing, guided by the legislation of the Russian Federation, in particular Article.Article. 21, 22, 140, 142, 234, 236, 237, 362, 419 of the Labor Code of the Russian Federation, art. 151, 1099-1101 of the Civil Code of the Russian Federation, part 1 of Art. 145.1 of the Criminal Code of the Russian Federation,

1. Consider this complaint on the merits.
2. Based on the facts indicated by me, check LLC “__________” (legal address: _____________________________; actual address: _________________________________ CEO– ___________), restore my violated rights and hold the perpetrators accountable.
3. Respond to this complaint as soon as possible.

Applications:
1. Copy of claim
2. Copy of the employment contract

" " ________________G. ___________/_____________/

Cases when employees file complaints with the labor inspectorate on various problems related to work are not so rare. The law is almost always on the side of employees whose rights have been infringed by the employer.

FILES
Download blank form Download filling pattern complaints to the labor inspectorate.doc

There are many reasons for writing statements to the labor inspectorate.

Often there are cases of violations related to various kinds of payments: wages, vacation pay, sick leave, settlement, etc.
It happens that employers deprive an employee of vacation or force him to go to work on weekends and holidays without providing any compensation in return, let alone overtime pay.
Sometimes employers violate the regime of work and rest, safety rules at work, exceed the established duration of work shifts, etc. - all this also becomes a reason for a complaint to the labor inspectorate.
Appeal to the inspection and unfairly dismissed employees with demands to reinstate them in their positions.

The document is written to the address of the local territorial labor inspectorate(its branches operate in all major cities and settlements).

The deadline for filing a complaint is three months from the date of the labor dispute.

After that, the complaint will not be accepted for consideration and the employee will have only one way - to restore justice, sue the company.

It should be noted that a complaint can be filed both during the period of work at the enterprise, and after dismissal.

The legislator clearly regulates the period for consideration of such applications. In most cases, it does not exceed thirty days, but sometimes for some reason (reasonable) it can be extended, but also for a period not exceeding one month.

Labour Inspectorate - government agency, which is designed to deal with difficult situations that have developed in relations between an employee and an employer, therefore, like any other government agency, it does not accept anonymous complaints.

To maintain confidentiality, a clause can be directly included in the complaint with a request that information about the complainant not reach the employer.

In addition, it must contain the contact details of the applicant, his address and telephone number for feedback.

By law, labor inspectorate specialists must take the necessary measures to resolve the conflict and, based on the results of the proceedings, send a response to the complainant.

Writing a complaint does not guarantee that it will be satisfied in full, perhaps partial satisfaction, or even refusal, but in any case, the decision must be made strictly in accordance with the current legislation of the Russian Federation. In the process of considering the complaint, the lawyers of the labor inspectorate (namely, these specialists are directly involved in the investigation of labor disputes) will contact the employer with a request to provide them with all the necessary information for the proceedings. Then, if violations are detected in any part, the employer will be issued a requirement to eliminate them, as well as penalties will be imposed.

If the applicant does not agree with the decision of the territorial labor inspectorate, he has the right to appeal it to a higher authority (for example, by writing a statement to the chief labor inspector of the Russian Federation) or in court.

There is no statutory unified sample of a complaint, so the employee can write it in any form. However, it is necessary to adhere to certain standards for writing such documents, namely:

indicate the addressee, i.e. name and number of the labor inspectorate,
own personal data (position, surname, name, patronymic),
the essence of the problem in as much detail as possible.

If there are problems with filing a complaint, you can seek help from an independent lawyer (but this service is paid), or you can use the advice of a labor inspectorate employee.

When drawing up an application, you must refer to the violated norms of the law (it is advisable to indicate specific articles), as well as add a list of attached documents to it.

The writing of a complaint should be treated very carefully, since it has the status of a legal important document and in the future it can serve when applying to the court.

All information contained in it must be reliable, make mistakes, and even more so, it is impossible to include deliberately false information in the document. Otherwise, if such facts are revealed, the employee may suffer a well-deserved punishment (for example, for slander).

The document can

write by hand (directly at the labor inspectorate),
print on a computer (at home, in advance).

Regardless of which option is chosen,

personally sign it
and put down the date of writing (it must correspond directly to the day of circulation).

Complain better in duplicate, both need to be endorsed by the receiving specialist, and then one should be transferred to the inspection, and the second should be kept for yourself.

The document can be sent personally from hand to hand to a labor inspectorate specialist, or you can forward via Russian Post. In this case, the complaint must be sent by registered mail with acknowledgment of receipt, however, we must not forget that this way quite time consuming. To date, the third way has become widespread: filing a complaint through electronic means connections.

Complaint for the recovery of compensation for the delay in the work book. The delay in issuing a work book upon dismissal is a violation of the law. In this case, it is necessary to apply to the court with an application for the recovery of wages in connection with the delay in issuing a work book. The delay in issuing a work book is a violation of Article 62 of the Labor Code of the Russian Federation, and on the basis of Art. 234 of the Labor Code of the Russian Federation, the employer does not allow you to work legally. As a result, on the basis of Art. 234 of the Labor Code of the Russian Federation, the employer is obliged to compensate for unreceived earnings in all cases of illegal deprivation of the opportunity to work. In my case, when they simply dynamized me with the issuance of a work book and did not make the final payment, I simply went to court with a claim for the recovery of wages and moral damage. We discussed earlier how to prove non-pecuniary damage.

If at that time I had paid attention to Article 234 of the Labor Code of the Russian Federation, I would certainly have asked the court to recover the unearned earnings.

Upon dismissal of an employee (termination of an employment contract), all entries made in his work book during his work at this employer, are certified by the signature of the employer or the person responsible for maintaining work books, the seal of the employer and the signature of the employee himself. If the work book was filled out in the state language of the Russian Federation and in the state language of a republic within the Russian Federation, both texts are certified.

The employer is obliged to issue to the employee on the day of dismissal (the last day of work) his work book with a record of dismissal made in it. In the event of a delay in issuing a work book to an employee due to the fault of the employer, an incorrect or inappropriate entry into the work book federal law formulating the reason for the dismissal of the employee, the employer is obliged to compensate the employee for the earnings that he did not receive for the entire time of the delay. The day of dismissal (termination of the employment contract) in this case is the day of issuance of the work book. An order (instruction) of the employer is issued on the new day of dismissal of the employee (termination of the employment contract), and an entry is made in the work book. An earlier entry on the day of dismissal is recognized as invalid in the manner prescribed by these Rules.

If on the day of the employee’s dismissal (termination of the employment contract) it is impossible to issue a work book due to the absence of the employee or his refusal to receive the work book in his hands, the employer sends the employee a notice about the need to appear for the work book or agree to send it by mail. Sending a work book by mail to the address indicated by the employee is allowed only with his consent. From the date of sending the said notification, the employer is released from liability for the delay in issuing a work book to the employee.

In the event of the death of an employee, the work book, after making an appropriate entry on the termination of the employment contract, is handed over to one of his relatives against receipt or sent by mail upon a written application from one of the relatives.

To court
Plaintiff: __________________
Address:__________________
Respondent:_______________
Address:__________________

Complaint for the recovery of compensation for the delay of the work book

I, _____________, worked in the organization ____________ from "__" ______ 20__ to "__" _________ 20__ in the position of ____________. By order N. ______ dated _____, I was dismissed from my position under Art. ____ of the Labor Code of the Russian Federation with "__" ________ 20__
In accordance with Article 62 of the Labor Code of the Russian Federation, upon termination of an employment contract, the employer is obliged to issue a work book to the employee on the day of dismissal. However, to date, I have not been issued a work book, despite my repeated requests.
According to Article 234 of the Labor Code of the Russian Federation, the employer is obliged to reimburse the employee for earnings that he did not receive in all cases of illegal deprivation of his opportunity to work, including if the employer delays issuing a work book to the employee.
In connection with the foregoing and on the basis of Articles 62, 234 of the Labor Code of the Russian Federation, Art. 131-133 Code of Civil Procedure of the Russian Federation,

1. Collect from ______________ wages in the amount of __________ rubles. during the delay in issuing a work book from _________ to the day of its actual issuance.

Application:
1. A copy of the statement of claim to the defendant.
2. Other available documents

"__" __________ 20__ ____________
(signature)

RAA law

Categories: | |

Complaint for the recovery of compensation for the delay in the work book. The delay in issuing a work book upon dismissal is a violation of the law. In this case, it is necessary to apply to the court with an application for the recovery of wages in connection with the delay in issuing a work book. The delay in issuing a work book is a violation of Article 62 of the Labor Code of the Russian Federation, and on the basis of Art. 234 of the Labor Code of the Russian Federation, the employer does not allow you to work legally. As a result, on the basis of Art. 234 of the Labor Code of the Russian Federation, the employer is obliged to compensate for unreceived earnings in all cases of illegal deprivation of the opportunity to work. In my case, when they simply dynamized me with the issuance of a work book and did not make the final payment, I simply went to court with a claim for the recovery of wages and moral damage. How to prove non-pecuniary damage, we analyzed earlier.

If at that time I had paid attention to Article 234 of the Labor Code of the Russian Federation, I would certainly have asked the court to recover the unearned earnings.

Delay in the issuance of a work book

Upon dismissal of an employee (termination of an employment contract), all entries made in his work book during his work with this employer are certified by the signature of the employer or the person responsible for maintaining work books, the seal of the employer and the signature of the employee himself. If the work book was filled out in the state language of the Russian Federation and in the state language of a republic within the Russian Federation, both texts are certified.

The employer is obliged to issue to the employee on the day of dismissal (the last day of work) his work book with a record of dismissal made in it. In the event of a delay in the issuance of a work book to an employee due to the fault of the employer, the inclusion in the work book of an incorrect or inconsistent with federal law wording of the reason for the dismissal of the employee, the employer is obliged to compensate the employee for the earnings that he did not receive for the entire time of the delay. The day of dismissal (termination of the employment contract) in this case is the day of issuance of the work book. An order (instruction) of the employer is issued on the new day of dismissal of the employee (termination of the employment contract), and an entry is made in the work book. An earlier entry on the day of dismissal is recognized as invalid in the manner prescribed by these Rules.

To court
Plaintiff: __________________
Address:__________________
Respondent:_______________
Address:__________________

1. Collect from ______________ wages in the amount of __________ rubles. during the delay in issuing a work book from _________ to the day of its actual issuance.

Application:
1. A copy of the statement of claim to the defendant.
2. Other available documents

"__" __________ 20__ ____________
(signature)

About obligation issue a work book and recovery of compensation for the delay in issuing a work book upon dismissal.

When drawing up a statement of claim for the obligation to issue a work book and recover compensation for the delay in issuing a work book upon dismissal, please note that the sample can contain several options for writing a claim, you need to choose your own, delete unnecessary. In case of difficulty, please contact professional lawyer.

To ____________________________ District Court

Plaintiff: __________ (full name) ____________

Claimant's representative: ____ (full name) ____

address: _______________________________,

telephone: _____________________________,

email mail: ____________________________

Respondent: __________ (full name) _________

address: _______________________________,

telephone: _____________________________,

email mail: ____________________________

Claim price: ____________________________

Statement of claim for the obligation to issue a work book

and recover compensation for the delay

issuance of a work book upon dismissal

"___" ____________ ____________________________ (hereinafter referred to as the Claimant) was hired by _____________________________ (hereinafter referred to as the Respondent) to the position of _________________________________.

Claimant's salary was _____________________, which is confirmed by ____________________.

"___" ____________ The plaintiff was dismissed from his position on the basis of _________________, which is confirmed by the dismissal order.

The Respondent did not issue a work book to the Claimant on the day of dismissal / belatedly sent a notice to the Claimant about the need to pick up the work book / sent the work book to the Claimant late. For this reason, in the period from "___" ____________ to "___" ____________, the Claimant was deprived of the possibility of further employment through the fault of the Respondent.

In accordance with Part 4 of Art. 84.1 of the Labor Code of the Russian Federation on the day the employer is obliged to issue a work book to the employee and make a settlement with him in accordance with Art. 140 of the Labor Code of the Russian Federation. At the written request of the employee, the employer is also obliged to provide him with duly certified copies of documents related to work.

In the event that it is impossible to issue a work book to an employee on the day of termination of the employment contract due to his absence or refusal to receive it, the employer is obliged to send a notification to the employee about the need to appear for the work book or agree to send it by mail. From the date of sending the said notification, the employer is released from liability for the delay in issuing a work book.

Article 234 of the Labor Code of the Russian Federation provides that the employer is obliged to compensate the employee for the earnings he did not receive in all cases of illegal deprivation of his opportunity to work. Such an obligation, in particular, arises if the earnings are not received as a result of the employer's delay in issuing a work book to the employee.

Based on the terms of the employment contract/certificate 2-NDFL/extract from the Claimant's bank account, his average earnings are ____________ rubles. per month. Thus, the amount of earnings not received by the Claimant for the specified period is ______________________ rubles, which is confirmed by the corresponding calculation attached to this application.

In addition, the illegal actions/inaction of the Respondent caused moral suffering to the Claimant and caused moral harm, which is estimated by the Claimant in the amount of _____________ rubles.

In accordance with Art. 237 of the Labor Code of the Russian Federation, moral harm caused to an employee by unlawful actions or inaction of the employer is compensated to the employee in cash in the amount determined by agreement of the parties. In the event of a dispute, the fact of causing moral damage to an employee and the amount of its compensation are determined by the court, regardless of the property damage subject to compensation.

Based on the foregoing, guided by Art. Art. 84.1, 140, 234, 237 of the Labor Code of the Russian Federation, Art. Art. 131, 132 of the Civil Procedure Code of the Russian Federation,

ASK:

Oblige the Respondent to issue the Claimant his work book.
To recover from the Respondent the earnings not received by the Claimant for the period from "___" ____________ to the date of issue of the work book to the Claimant in the amount of _______ rubles.
To recover from the Respondent compensation for moral damage caused to the Plaintiff in the amount of ________ rubles.

Applications:

Copies of the statement of claim (according to the number of persons participating in the case).
Evidence of the fact that the Claimant works for the Respondent: a copy of the employment contract.
Evidence confirming the delay in sending the Claimant by the Respondent a notice of the need to pick up the work book/delay in receiving the work book by the Claimant.
Documents confirming the amount of the Claimant's salary for calculating the amount of lost earnings: a copy of the employment contract / a copy of the 2-NDFL certificate / a copy of the Claimant's bank account statement.
Calculation of the amount of lost earnings of the Plaintiff.
Power of attorney of the representative from "___" ______ ___ g. N ___ (if the statement of claim is signed by the representative of the Claimant).

"___" __________ ____ G.

Claimant (representative):

________________/_________________________________________________/