Collective complaint against a manager: how and where to file it

Home / Complaints, courts, consumer rights

Back

Published: 10/12/2018

Reading time: 7 min

Writing a title

In the upper right corner are written the persons to whom the complaint is sent and the authors of the document:

name of the employer's organization;
Full name of the head of the company. A complaint is written in his name;
Be sure to write that the claim is made on behalf of the company’s employees.

Below, in the middle, the word “complaint” is written.

In the text of the petition itself it is necessary to write what prompted it to be drawn up:

occasion. The facts of violation of employee rights are stated. It is better to indicate specific names;
dates of violations.

Below are the requirements of employees in accordance with the law. In most cases, they require the dismissal of the manager.

The signature of all employees is placed at the end. If there are a large number of complainants, you must sign on a separate page.

Complaint against manager.doc

How to Write an Anonymous Letter to the Boss

If possible, additional materials (video recordings, photographs, conclusions, etc.) should be attached to the document, which will indicate the existence of grounds for filing a complaint. And although, on the one hand, it is better not to provide the originals of materials in order to eliminate the possibility of their loss, on the other hand, not all copies can be accepted for consideration, since there may be a suspicion of their falsification. In any case, you should make an inventory of the attached materials, placing it as a separate paragraph in the document.

In the upper right corner of the document, you can not only write the name of the body or institution to which it is addressed, but also indicate a specific official (for example, “district prosecutor”, “plenipotentiary representative of the President of the Russian Federation”, etc.).

Legislative framework (read more...)

Collective complaint

A document drawn up on behalf of a group, and not by one person, is a collective complaint . It is also written to the head of the department.

Such an appeal has a high status in the eyes of the authorities, so there is a high chance of its satisfaction, and also will not blame one specific person.

Collective complaints are considered by inspectors first . An audit is carried out to find out all the details of workers’ dissatisfaction with their superiors. If employees have made a complaint that corresponds to reality, then it will not be difficult for inspectors to identify the violation.

A collective complaint is a sign of serious problems in the organization.

It must be said that a collective complaint is rare. This is explained by the fact that among the employees there will certainly be those who are afraid of retaliatory sanctions from management. Therefore, it is important to have a preliminary conversation with the team. This is important for the complaint to be more effective. More subscribers – greater effect.

It is important to compose it correctly.

Structure:

address, name and details of the regulatory authority (for example, labor inspectorate);
listing the full names of the applicant employees and their positions;
document header “collective complaint against the boss”;
main text. It lists the offenses, as well as the articles of law that were violated;
requirements;
a list of documents that are attached to the complaint;
date, signatures of all employees.

The document must indicate the contact details of the employee representative.

Sample collective complaint against the boss.doc

How to write an anonymous letter to an employee, sample

The grounds for applying to government authorities are the following actions of the employer:
Imagine the situation. You, as a respectable worker, having spent the required first half of the day at your desk, killed all the flies and stoically waited for lunch, moreover, having stood in a huge queue of the same colleagues as you, take yesterday’s soup and are surprised to find a couple of people swimming in it cockroaches When a person is hired from the outside for a probationary period, the mannered inaction of his subordinates can quickly cool his ardor for management, and he himself will write a letter of resignation.

Ways to contact senior management

Here, employees are not limited in any way in the methods of contacting management.

Methods of contact:

hand delivery;
by mail with notification number;
if the site has a contact form;
other methods provided by the organization.

Some companies have a mailbox for requests, or in the HR department. These requests must be accepted, considered and transferred to the manager.

It is recommended to write a complaint in two copies . One surrenders, the other is left to itself. You need to write down the incoming number in the incoming message log. From there, write down the date of receipt, as well as the name and position of the employee who accepted the document.

At a time when the conflict is at its peak, employees try first to find help from the police or prosecutor's office. However, such actions are often of little effectiveness.

It is most effective to write a complaint directly to the head structure of the organization . In this case, the management is interested in the organization working effectively and, most likely, will accommodate the team.

7 days are given to respond to a complaint.

If you are filing a complaint against government authorities, the review period will be longer - from 30 days from the date of application.

How to Write an Anonymous Letter to the Boss

If you are not inclined to weave intrigues, but have no strength left to endure, write an anonymous letter - to your boss’s boss or to the head office. Tell the whole truth about your boss.

The head of a preschool organization receives an anonymous complaint from employees to the prosecutor's office. The inspection does not find any violations, but complaints are received again and again. How should a manager respond?

Rules for writing and filing a complaint against your boss (read more...)

Grounds for filing a claim

If an employee’s human and labor rights are violated, then this is a good reason to write a complaint.

The employee has labor rights with the organization; they relate only to official relations. If they are violated, this means that the employer does not fulfill its obligations to the employee.

An employment contract and the Labor Code are legal documents that protect the rights of employees. The reason for the complaint is a violation of clauses of the TD or TC.

The most common complaints from employees to the employer:

non-payment of bonuses;
lack of official employment;
failure to provide leave;
refusal to pay for sick leave and subsequent payments thereunder;
refusal to appoint to a higher position when there are no objective reasons and there is a vacancy;
refusal to pay for processing;
Unreasonable dismissal when the terms of the Labor Code and the Labor Code of Russia are not violated.

However, not all of the listed claims fall within the direct competence of management. For example, denial of promotion to a position can be easily challenged.

It must be remembered that when drawing up a collective complaint, you need to think carefully about the argumentation. When arguments are supported by specific facts and employees are confident that they are right and know that they deserve certain privileges.

We must be aware that in the case of empty complaints, sanctions will most likely follow against the instigator of the complaint . Problems with promotion may arise, and relationships within the team may deteriorate.

Another significant problem for filing a complaint is the violation of legal human rights. This may include the boss’s inappropriate behavior towards employees. For example, rude behavior, disrespectful attitude, insulting an employee, threats against him or her loved ones, aggression, sexual harassment.

Arguments when making a decision by the management of the organization:

a decrease in relationships within the team, which affects labor productivity. Management needs high performance indicators, so such complaints are considered closely;
the risk of an employee filing a lawsuit. If the complaint has not been considered, he has the right to go to court. Which can negatively affect the company's reputation. Therefore, they try to consider such complaints as quickly as possible.

It is necessary to thoroughly study the legislative framework in order to correctly write a claim. An incorrectly drafted application is a significant reason for non-acceptance of a document for consideration.

Gallup Management Journal conducted a study and found that 24% of employees would happily fire their boss if given the chance. The bosses themselves are largely to blame for this, as they do not know how to properly build relationships with the team and inspire them. Among workers who are passionate about their work, the share of those who are ready to help their manager is only 6%, but among those who are dissatisfied and demotivated - 51%. Despite their desires, very few employees decide to take any active action. How do their more determined colleagues act? Make friends and set up

One of the classic methods is to ingratiate yourself with your boss and then cold-bloodedly set him up. You can read about how to win the sympathy of management in the additional material. Developing a plan and implementing it will take a lot of time, and if you rush or don't plan everything well enough, you may find yourself unemployed.

Elena N. observed this method in action when she worked in a famous confectionery shop, naming the amount that was supposed to be paid to the head of the department in cash for a tasty contract. Result: the boss is fired with a scandal, naturally, recalling to him all the statements that are displeasing to the management, self-interest and unprofessionalism, and that same subordinate is installed in the vacant position.”

Sabotage work

Imagine the picture: employees began to work worse. And it seems like the work is going on, but the result is not the same or there is none at all. Who is guilty? Of course, boss! After all, it is he who cannot clearly set the task, set up a team and achieve results.

“I once had the opportunity to observe how employees got rid of a boss they didn’t like,” says Irina L. “A new boss from outside came to a small department of three young ladies. He was a young man of pleasant appearance and, apparently, with suitable experience - they hired him. Why he didn’t look good on the young ladies, I still don’t understand. They didn’t set their sights on his place, but decided to survive. They simply ignored him, did not carry out his tasks, trying in every possible way to show that he did not belong at court. In general, this boss did not survive the probationary period.”

It is worth noting that this method cannot be carried out alone; you will need faithful companions. This means that you will have to become an informal leader of the team and turn your colleagues against the leader (read about how to gain the trust of your colleagues in the additional material). This also takes time.

How to achieve the desired result? Blame your boss for all troubles and troubles. Let not a single mistake of his go unnoticed, and let not one of his achievements be belittled. Start rumors and talk about unprofessionalism. Communicate with senior management over your boss's head; sooner or later they will come to the conclusion that he is incompetent.

Write an anonymous note

If you are not inclined to weave intrigues, but have no strength left to endure, write an anonymous letter - to your boss’s boss or to the head office. Tell the whole truth about your boss. Of course, if you have something to tell.

“At the dawn of my foggy youth, as a student, I worked as a salesperson in a store of the Rive Gauche chain, not in Moscow,” recalls Anastasia S. “There, the store director and senior salesman stole goods for subsequent resale, and subsequently the shortages were distributed among all employees, deducted from an already small salary. At first we tried to resolve the issue with the local leadership, but they never took any action. Then, two weeks after my dismissal, I decided to write an anonymous letter to the head office in St. Petersburg. A big scandal broke out, both the store director and his “colleague” were fired. Perhaps my action will seem ugly to someone, but I am not at all ashamed of it. Some girls still work in the same store and say “thank you” to me for my courage - after the director’s dismissal, a significant part of the sellers’ small salary remains with them.”

Engage in a fair fight

Often, bosses themselves provoke their subordinates. And no matter how exciting the stories may look when the boss is eliminated, thanks to subtle calculations and intrigues, honesty still remains a powerful weapon for subordinates.

“The boss tried to assign his mistress to my department, but I was categorically against it,” says Anna G. “After my refusal, he began to put pressure on me. At one of the meetings he tried to force me to resign, saying that I was a bad specialist, that he did not see the results of my work, that I was this and that... I worked in one of the divisions of a large holding company with a complex subordination structure. This boss was not my immediate supervisor, but he was in charge of the department in which I worked. Then at the meeting I asked him to express his complaints in writing, copying my immediate supervisors. He didn’t write any letter, but he constantly tried to provoke me into a scandal. It was very difficult for me to endure all this, so I myself wrote a letter to my bosses with a copy to this person, in which I showed the results of my work for the year, said that the general director of the division made complaints to me and offered to resign, and also asked them to resolve this issue. In the postscript, I indicated that I believe the cause of the conflict is personal, not work relationships. They called him in, talked to him, asked him to make a public apology to me, but he never did. Then he was transferred to another unit, lower in status, and a month later he quit. I can assume that he was already a candidate for relegation, and this story was only the last straw. But I believed in justice. Although for a week, until the conflict was settled, my heart was playing tricks.”

Responsibility of the parties

The boss may be subject to disciplinary action.

If the document was sent to the labor inspectorate, then the organization may be issued a fine to the organization and the boss . Requirements are written to resolve the problem. If the violations are serious, the prosecutor may initiate criminal proceedings.

You must be able to defend your rights, because if you don’t, the situation will only get worse. But this must be done skillfully, with knowledge of the laws. Otherwise, the situation will not only not improve, but will significantly worsen.

What type of complaint can be filed anonymously?

A citizen has the right to count on studying the stated facts without indicating his personal and contact information when it comes to:

providing information about an illegal act being prepared, committed or being committed by one or several persons (for example, this can be reported to the prosecutor’s office https://23.xn--b1aew.xn--p1ai/request_main);
citizens or officials who are attempting or have already committed an illegal act;
facts of corruption, when the applicant was faced with abuse of official position, a demand to give a bribe, as well as other illegal use by an official of his official position. You can appeal against the actions of an official aimed at obtaining benefits in the form of valuables, money, property and other property services on the website of the Presidential Administration https://letters.kremlin.ru/letters/corruption);
providing information regarding a committed or impending terrorist act.
illegal actions of the employer, but in this case the applicant will still have to write his personal information, which will be encrypted by the system.

Anonymous complaint against employer

The Federal Labor Service has launched a service that will allow workers to complain about illegal dismissals and other violations - Electronic Inspector. Moreover, this can be done anonymously. The author of the application indicates his personal data, but it is classified by the service. This is convenient in situations where rights have been violated (illegal dismissal, non-payment of wages, etc.), but the applicant is afraid of a negative reaction to the message or unlawful actions towards himself on the part of the manager.

An appeal can be sent electronically to Rostrud and on the official website, but this cannot be done anonymously. It is important to remember that even when making an anonymous statement, reporting offenses or controversial situations, it is necessary to provide reliable information. Such a complaint does not relieve responsibility for the opinion of the author, and therefore it is not recommended to abuse this opportunity.

Response time to a written complaint

When sending a complaint to a state or municipal authority, it must be considered within a maximum of 30 days from the date of receipt of the document. If a collective appeal is addressed to senior management, the maximum time for making a decision on it is stated in the application itself. This period must be adequate and suit both parties. As a rule, it is 10 days.

The written response must contain both the proposed method of eliminating the violation and a specific time for its implementation. When refusing to consider a collective complaint, representatives of the supervisory authority must indicate the reasons for the refusal.

Before writing a statement from the entire team, you need to hold a corporate meeting and find out what each specialist thinks in order to highlight the main points.

Naturally, the paper itself is not drawn up by all employees at once. This is done by the selected responsible person, who impartially reflects all the facts in the text, and his colleagues only sign the claim. Before filing a complaint, you should find out the telephone numbers of all victims from management. Then you can easily contact them to clarify details.

In Russia, the one who knows his rights wins

If you want to know how to solve your specific problem, then ask

our duty
lawyer online
.
It's fast, convenient and free
or by phone:

Moscow and region:+7

St. Petersburg and region:+7

Federal number: +7 (ext. 112)

Types of bosses

Before we figure out where to complain about a tyrant boss, let's figure it out. With what? Yes, with the views of the bosses, so to speak.

What types of leaders are there?

Those who care about their cause. And if a subordinate “messed up,” the boss will swear. But only for serious mistakes. This guy just doesn’t yell at his employees.
Man of moods. It's difficult to adapt to him. Today he smiles, is good-natured and only scolds for a serious mistake. And tomorrow he will start screaming and humiliating an employee for a tiny mistake. What to do if your boss yells and humiliates you, knowing his character? We'll talk about this below.
Petty tyrant. Those who are forced to work with him are simply in trouble. He yells constantly, as a human being, he wears dirty boots. As a rule, there is a constant turnover in the team; no one stays around such a person for long.

How to contact the inspectorate?

If insulting an employee in the workplace has become a habit for a manager, such an attitude towards oneself cannot be tolerated. A subordinate has the right to complain to the labor inspectorate if the manager humiliates the subordinate in order to force him to resign.

To contact the labor inspectorate, the following materials are required:

A statement from the employee with a detailed description of the situation.
A copy of the employment contract, and ideally its original.
Photos, video or audio recordings confirming inappropriate behavior on the part of a superior person.

Contacting the prosecutor's office

In what cases can an employee file a complaint about management’s behavior with the prosecutor’s office? Provided that the insults are regular, their purpose is to mock the employee and put him under moral pressure.

What does it take to take such harsh measures against your boss? First, write a statement. And in it we indicate the date, the location of the crime, we write the words that the leader said to his subordinates.

The application review period is one month. The prosecutor will question witnesses, you need to be prepared for this. It will not do without interviewing the victim. We remember that giving knowingly false testimony will subject the victim to criminal liability.

After the prosecutor's office conducts the investigation, the case will go to trial.

How to resolve a conflict situation

Lawyers often get questions about what to do if your boss is nagging. This can manifest itself in different ways. The manager may yell or try to humiliate you on every occasion. For example, insult you for being even the slightest late or find fault because you came to your workplace without a tie. You can act in different ways.

Option 1. Instead of listening to your manager yelling and humiliating you, loudly declare that you are no longer going to continue working together and leave the office right in the middle of the working day. This is often what impulsive people do, not always thinking about the consequences. This method may be suitable for some. For example, a person who can easily find a job in another organization. In most cases this should not be the case. You will lose your job, and it’s not clear what to do next.

Option 2: If the boss yells, humiliates, and otherwise shows disrespect, some people decide to respond in kind, i.e. explain in an impolite manner that he has no right to behave this way, since he himself makes mistakes, is late and commits other violations, and an experienced specialist does not need his instructions.

Read also: Procedure for compensation by an employee for damage caused to the employer

This method is also not worth using. The fact is that managers really don’t like it when other employees point out their shortcomings, especially in front of other people. Therefore, the result of such a “conversation” can be completely unpredictable. It would not be surprising if an employee who behaved in this way was fired.

Option 3: If your manager starts yelling, getting angry and losing his temper, you can tell him that you admit your mistakes and that he was right, and then apologize. Perhaps in this case the boss’s anger will subside. You can tell him about your thoughts through an explanatory note (how to write an explanatory note correctly, you can check with the personnel officer of your organization).

Although this method is used by many workers, it has disadvantages. Firstly, you may have an unpleasant feeling of your own insignificance for a long time. Secondly, if this happens several times, and your colleagues notice your lack of pride and self-respect, they may begin to behave in the same way as the manager. Few can resist the herd instinct. If you respect yourself and are ready to defend your opinion, this option should not even be considered.

Option 4. If your boss is nagging, you can first let him speak and calm down a little. When the manager is ready to listen to the answer, explain that you understand your mistake and next time you will approach the task more carefully, then immediately adding that he is behaving too harshly and disrespectfully and saying that there is no need for such treatment. It is better to conduct such a conversation one-on-one, without unnecessary witnesses who could influence the boss’s behavior.

This method is most acceptable to the majority and often has a positive impact on the behavior of superiors, at least temporarily.