In what situations and how is a complaint filed against an employee?

What behavior in the workplace is considered unlawful?

The rules of conduct for an employee at an enterprise with colleagues, management, clients and partners must be defined in local regulations, as well as in the rules of business communication.

The Labor Code stipulates that any employee must communicate taking into account professional, corporate, and social norms.

Each employee must be familiarized with the adopted regulations upon signature. Thanks to this, he will have clear criteria by which his behavior will be assessed as unlawful.

Insult

This offense is expressed in the employee’s unlawful actions towards a third party, which led to the humiliation of his honor and dignity.

The use of obscene language, comparing an opponent with some animate or inanimate object, etc. can be considered an insult.

Very often, insults can be found between colleagues, as well as among superiors towards their subordinates.

Boorish behavior

Rudeness involves rude, insolent behavior or statements made by an employee. Most often, rudeness affects everyone around and is not directed at any person.

Usually, rudeness acts as an expression of the employee’s superiority over the people around him. Often this behavior can be found among colleagues who hide their incompetence.

Refusal to perform assigned duties

When signing an employment agreement between an employee and the administration, he undertakes to fulfill the duties assigned to him by this document. But sometimes a situation arises when an employee refuses to perform these duties.

This right is given to him by labor legislation, but only in situations where the administration does not fulfill its obligations to pay wages, or for other valid reasons.

Attention! In other situations, refusal to perform duties for an employee will be a serious disciplinary offense that may have consequences for him.

Manipulation in relationships

Manipulation assumes that an employee will use the weakness of another person in order to obtain some benefit.

Manipulation can be observed not only between colleagues, but also between superiors and subordinates. Sometimes the fact of manipulation is very difficult to determine.

However, if the second, injured party detects the presence of manipulation, it can complain about this to higher authorities.

Important

It is quite difficult to prove manipulation; in addition, this offense cannot be qualified as a disciplinary violation. Here, only public censure can be used to combat it.

Claim structure

There is no legally established template, but there are certain requirements for the structure of such a statement:

• name of the addressee (name of the authority where the document will be sent);
• applicant's details;
• Title of the document;
• statement of the essence of the appeal (facts of violations with evidence and references to regulations);
• specific requirements for the application of appropriate penalties in relation to the employee;
• list of attached documentation;
• date of compilation, personal signature of the applicant.

Next, the document should be delivered to the addressee. We will describe how this can be done below.

Important: The document is drawn up in two pieces. One copy is handed over to the controlling authority or boss, the second - with the number of incoming correspondence and the date of acceptance - remains with the applicant until an official response is received.

Features of the complaint

All features are related to what kind of organization it is - private or public.

In the first case, if the company is private and has a specific owner, then the complaint is filed in his name. However, this does not mean that the owner will personally consider it: usually this is done either by the board of directors or by lawyers appointed for this purpose. One way or another, everything depends on the hierarchy.

The success of a complaint directly depends on its content. It is important to list everything about the violation of rights as specifically as possible - the inspection officer must clearly understand what happened. We must also rely on the fact that all commercial companies are looking for profit, which means that they do not need ineffective management.

Important

The chances of a complaint being satisfied increase significantly if the complaint justifies the benefit for the company after the dismissal of the boss.

In the second case, when the company is state-owned, there is no need to justify the potential benefits when dismissing an employee. It is only necessary to objectively and as clearly as possible describe the situation that occurred. This is required so that the relevant services can conduct a thorough check and make an informed decision based on it.

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

Grounds for writing a complaint

There are quite a few labor and civil reasons that can serve as grounds for filing a collective petition against a managerial employee.

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The most common illegal actions are:

• violation of the established procedure for wage payments;
• refusal to pay bonuses;
• refusal of official employment, conclusion of a TD;
• refusal to provide scheduled leave and vacation payments;
• forced labor, imposition of additional duties without pay;
• refusal to pay for sick leave;
• denial of promotion if there are grounds;
• non-compliance with labor safety rules;
• rude attitude, insults and boorish behavior towards subordinates;
• sexual harassment;
• physical remarks;
• sabotage in production;
• illegal dismissal of an employee.

Complaint about sabotage

Quite often, the management of an organization deliberately evades fulfilling its assigned duties, which causes harm to the entire team.

You can write a complaint about an internal conflict at an enterprise to the general director after collecting convincing evidence. It should be supplemented with a list of production orders, norms, and instructions that the offender ignored.

Violations of labor laws

Labor rights between the parties to the relationship are specified in the TD. If a boss infringes on the rights of an employee of a lower rank, his actions contradict the terms of the agreement and are regarded as a direct violation of the Labor Code of the Russian Federation.

Consequently, management does not fulfill its official duties to the team and violates the labor agreement. This is a reason to file a complaint with the appropriate authorities.

Rules for filing a complaint against your boss

Employers often violate the rights of employees and do not fulfill their direct responsibilities. Such actions are common, especially among heads of departments and divisions.

The most common problems are informal requests and insults to lower-level employees. In this situation, the employee has every right to complain to the regulators about the head of the department. This is the name given to government supervisory authorities that inspect the activities of enterprises.

Before contacting government agencies, you must go to the head of the company directly. Collective complaints work most effectively. One representative must speak on behalf of the department or company, but the text of the document must clarify that he is authorized to do this.

To draw up a complaint, it is worth considering clause 1 of Art. 11 Federal Law 02.05.2006 No. 59-FZ “On the procedure for considering appeals from citizens of the Russian Federation.” If the document is executed incorrectly, inspectors can rightfully ignore it.

Rules for filing a complaint

Making a header.

In the upper right corner the persons and structures to whom the appeal is being written are indicated, the authors of the petition:

• full name of the employer's company;
• last name, first name, patronymic and position of the head of the company. The complaint must be written to this person;
• a note indicating that the appeal was made on behalf of the team.

The word “complaint” is written in the middle of the sheet.

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It is important to state a number of facts in the main text:

• reason for filing a claim. Here are the details of how the head of a department or division violates the rights of employees. It is worth listing the names of employees who have already suffered from mistreatment;
• dates of violations.

The following are the requirements for enforcement measures. They must be expressed in accordance with the requirements of the law. Usually the team demands the dismissal of a person from the position of manager.

Attach copies of documents confirming the facts stated in the appeal.

The complaint must be completed with the date and signatures of the originators. If the number of subscribers is large, you can use separate pages for the list.

ATTENTION! Look at the completed sample complaint against your boss to senior management:

Making a claim

Before submitting an application, you should take into account all the pros and cons, and also familiarize yourself with an example of such an application in order to exclude the possibility of its rejection due to incorrect execution. Otherwise, there is a risk that the applicant will have his claims rejected.

And, as a result, undermining authority and deteriorating business reputation in the eyes of management and colleagues. A claim against a manager has its own characteristics, which we will consider below.

Complaint structure

Based on the content of Art. 4 clause 4 of Federal Law No. 59, an appeal from team members is a legal application to the appropriate authority to resolve an internal conflict at the enterprise. There are no special requirements for filing such an application.

It is compiled from a group of people in two copies according to the following principle:

• indication of the exact addressee;
• personal data of complaining persons;
• the main part, which should include a brief and accurate description of the situation in which the rights of the company’s employees were infringed or violated;
• list of requirements from applicants;
• date of application;
• signatures of team members with transcripts;
• list of evidence.

Important

When drawing up and subsequently submitting such an appeal, there is no need to list the names of the team members who signed in the header. It is enough to indicate that the application is being submitted on behalf of team members of a certain department or section of the production process.

Compilation rules

Let's briefly look at the basic rules that must be followed when submitting:

1. You cannot use profanity. Personal insults are also not allowed. If these requirements are ignored, the application will not be accepted, and the applicant is deprived of the right to resolve the conflict pre-trial.
2. The text should be succinct. There is no need to write a long story; it is worth briefly describing the main points of the conflict and what is wrong with the accused party. It is also not recommended to use expressions and phrases that are interpreted ambiguously.
3. Speech must be literate. All syntactic and punctuation rules must be observed. This will increase the speed of consideration of the complaint.

It is always worth addressing the complaint correctly - in accordance with the hierarchy. If the administrator is the boss, then you need to complain to the director, and not the owner of the company, etc. This will not only increase the speed of processing the request, but will also allow the issue to be resolved faster.

Design nuances

Before you start filing a complaint, you must make a generalized list of all claims and demands.

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The following design details should also be taken into account:

• the complaint is collective, but only one representative of the workers must write it;
• after registration, all participants in the process must familiarize themselves with the text of the application;
• do not allow threats, insults, or profanity in the text;
• do not limit yourself to simple words, but attach to the application an extensive evidence base from written documentation, photos, video or audio materials;
• support the written text with links to articles of law;
• the list of complaining persons must be submitted as a separate application.

It is necessary to restrain the expression of emotions so that this does not lead to refusal to consider the application. Everything should be presented competently, accessible, briefly, but as informative as possible.

Drawing up and filing a claim

In order to convey the fact of the incident to management, the victim must write a claim. It can come from both other employees and clients of the organization.

Types of complaints

Let's look at what types of complaints exist.

Individual

If a complaint against an employee is filed by one person - a colleague or a visitor, it will be considered individual.

The document must necessarily contain the applicant’s personal data, otherwise it may not be considered. This type of complaint is most often encountered in practice.

Collective

If the employee’s behavior affected the whole team, then all offended citizens can make a single collective complaint.

The most important thing here is that the rights of everyone who signs must be violated as a result of the incident. A collective complaint usually carries more weight.

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Claim structure

An individual or collective complaint against a work colleague must include the following information:

• Information about the organization or institution that is the recipient of the complaint;
• Information about the author of the document - his personal data and position. If the complaint is filed collectively, it is necessary to list all persons interested in the proceedings.
• Information about the offense committed - who did it, what the violation was, etc.
• Date when the complaint was written;
• Signature of the author of the appeal (or the signatures of all employees who wrote the collective complaint against the dishonest employee);
• Information about the documents that were drawn up to support the charges.

When composing the text of the complaint, you must adhere to the rules of business writing.

Submission methods

The complaint must be filed in such a way that this action is documented.
Therefore, it is best to do this in the following ways:

1. In the hands of a secretary, a responsible employee of a government agency, etc. In this case, you must have two copies of the document with you, and the receiving person makes a note of receipt on the second one.
2. By mail - in this case, before sending the document, you must fill out an inventory of the attachment at the post office, and the envelope itself must contain a notification of receipt by the addressee. Thus, the returned notice will be considered the fact of filing a complaint.
3. You can file a complaint with some government agencies via the Internet online. In this case, the employee should receive an electronic receipt with the number assigned to the request.

Where is the document submitted?

It is important not only to draw up a statement, but also to decide where to complain about the boss. Initially, we send the application to the immediate higher authority. Further proceedings may lead to the need to seek assistance from:

• labor inspection;
• prosecution authorities;
• judicial system.

To senior management

When complaining to a superior, we submit the following statement:

• by mail;
• through the secretary.

In any case, the second copy is saved. It will be useful if the proceedings are continued in other instances.

To the labor inspectorate

Believing that management should not be allowed to exceed their authority and trample on the rights of employees, they attract support in the form of the labor inspectorate.

What answer can the labor inspectorate give?

This structure has the capabilities:

• conduct an unscheduled on-site inspection;
• issue an order to eliminate violations within a period not exceeding one month;
• bring the manager to administrative responsibility, as a rule, fine him;
• remove a manager (temporarily or permanently);
• suspend the activities of the organization until the violations are eliminated;
• bring to criminal liability.

Trade union organization

A trade union is an independent body created by workers of companies to protect their rights and interests (Article 370 of the Labor Code of the Russian Federation).

Important

Immediately contacting a trade union is one of the most effective and simplest ways to deal with a violation of rights by an employer. The organization's staff will advise the applicant and take effective measures.

Labor Dispute Commission

The CTS is formed at a general meeting of the workforce of 15 people and is approved by voting. After its formation, the team has the opportunity to protect its rights and defend its interests.

Members of such a commission have the authority to make decisions regarding situations under consideration that are subject to immediate execution.

To the prosecutor's office

When filing a complaint, we take into account what violations this department is called upon to deal with.

Please note that you can complain about management to both the labor inspectorate and the prosecutor's office.

To the court

In difficult situations, the manager considering the complaint is warned that the applicant is ready to defend his rights and interests in court.

It comes to court proceedings when it is necessary to seek compensation for the damage caused. Therefore, the statement of claim must reflect the presence of:

• claims presented to management and rejected by them;
• weighty evidence base.

Ways to file a complaint

This can be done:

• in person or by mail;
• using an authorized representative or notary.

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When choosing a method for filing a complaint, we take into account:

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• ease of implementation;
• rationality;
• effectiveness of influence on the addressee.

In writing

A collective complaint is an official complaint that is written in any form. There is no single sample or form; it should be drawn up individually, taking into account the given circumstances. The paper is written by hand or typed on a computer and printed.

Online

With the help of the Internet, most issues can be resolved. It is on the World Wide Web that several portals have been created that allow you to formulate claims.

Who accepts documents for this category of cases

The question of how to write an anonymous collective complaint against a manager, taking into account a ready-made sample, has been discussed. Next, you need to decide where to file your claim. Naturally, complaints are addressed to persons who are subordinate to the management of the team.

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If the results of the investigation by senior managers did not satisfy the requirements of the team or the decision was made biased, the appeal was ignored, then you can go further and contact the specific owner of the company. When such attempts also do not bring results, you need to contact the court and other government agencies.

In case of a complaint to the prosecutor's office or higher, remember that they are dealing with serious problems. An appeal to such government bodies should be justified, worthwhile, and only if there is no one to complain to within the company. Think before you make a claim, are you really right and have your rights been violated? If the answer is positive, you should, of course, send a letter to the court.

In order for everything to end well:

1. Be confident in your decision.
2. Don't be afraid of getting fired. After all, why would you work with a bad company?
3. Remember that you are protecting your rights, personal or labor. These actions cannot be considered wrong or bad.

No matter who you are or what their status is, no one should violate your rights.

A collective complaint against an employee according to the sample can be put into effect under the supervision of inspectors; the state inspectorate monitors the quality performance of duties, for example, in a certain department of a kindergarten, in a hospital, at a school at the classroom table, so that tyrant bosses do their job correctly and do not agitate your team to write collective complaints.

How to write a collective complaint against an employee at work (sample), a collective complaint against an employee

In Russia, it is not customary to complain about each other, but there are situations when a collective complaint against an employee is the only way out of the current situation.

And although the collective letter does not have a strictly regulated form, it is necessary to compose a statement for a colleague correctly. At first glance, a collective complaint against an employee, a sample of which you can download below, looks quite simple.

But everywhere there are pitfalls. An incorrectly drawn up document can turn against the applicant, and not against a careless partner.

It happens that collective responsibility is established at work. For example, in a store where several people work per shift, and after accounting, the shortage is divided among all employees.

Few people want to lose their earned money because of one or more people. Or another example, the company is engaged in the production of finished goods to order. The team must meet certain standards otherwise they will lose their bonus.

And bonuses in our time are most often greater than salary.

And yet, before you look for a sample of a collective complaint and rush to file it, try to influence the “saboteur” yourself.

You may be able to convince your work colleague without attracting the attention of your superiors. You can write an application for a partner for other reasons.

For example, you had an argument, and your opponent does not mince words when talking. Such actions must be stopped immediately.

And here we are again returning to the unshakable postulate - every employee in the company should know how to correctly write a complaint.

And if you are in doubt about how to write a collective complaint, seek help from specialists.

Our website's consultants, practicing lawyers, will help you fill out the necessary applications for free, taking into account the constantly changing domestic legislation.

General concepts

Employees working in the same organization do not always get along with each other. One can turn a blind eye to this until the conflict begins to interfere with their colleagues’ ability to perform their professional duties.

In principle, a complaint against a co-worker is not much different from a complaint about unlawful actions by an employer.

You can find an example of how to properly complain about your immediate superiors or a member of the management team by reading the article about which institutions you can contact to file a complaint against your employer for non-payment of wages. The general rules for filing all complaints are not too different from each other. In our case, the final recipient of the complaint can be considered a significant difference. If you can write against an employer all the way to the Supreme Court (subject to an appeal), then in the case of a colleague, the only place you can go other than the top management of the organization is the labor commission. At the same time, it is necessary to express your indignation at the behavior of a colleague in writing and, best of all, in a collegial manner. As legal practice shows, by doing this you can achieve maximum effect.

There are different conflicts, and although it is very rare (but still possible), you will have to enter into litigation.

In this case, a written response (as well as a lack of response) to a collective complaint from the immediate (or superior) superior may become the basis for filing a statement of claim.

The help of experienced lawyers in resolving labor disputes is sometimes irreplaceable. You shouldn't give it up, especially when you don't have to pay for it. For any questions, you can contact the site's duty consultant.

Possible liability

Very often, not only colleagues, but also immediate superiors (foremen, heads of departments, etc.) behave rudely.

Moreover, there is such a tendency that the higher the position, the more impudently the person behaves.

This kind of attitude towards yourself and the people around you cannot be tolerated.

Even if you are not a fan of writing complaints, your dignity must be preserved and protected.

If your application is successfully reviewed, the boorish employee will be punished in one of the following ways:

• a verbal remark may be made, with a “promise” of further consequences;
• the employer has the right to reprimand “with entry into his personal file”;
• the violator will be deprived of his bonus (which for many ordinary employees is much worse than a reprimand or reprimand);
• deprivation of a position;
• deprivation of work with an unflattering mark in the work book (or at your own request, at best).

View a sample collective complaint

It also happens that the employer and the person behaving arrogantly are on friendly or even related terms.

Most often, this is the primary reason for his defiant behavior (and sometimes such people simply exist). Accordingly, everyone understands that it is useless to complain within the organization.

But before you go further through the authorities, you still need to first:

• try to resolve everything amicably with a colleague to whom you (and the team) have complaints;
• write a complaint to your boss and wait for a response from him (or not wait - the main thing is that you keep your copy with a note from the office that the complaint was accepted).

Then you can go to the labor inspectorate, prosecutor's office, police, court and even the tax office. By the way, there is criminal liability for insulting a person and the recovery of money for causing material damage.

Useful information

Conscientious employees should be aware of the following:

• it is better to complain about rudeness and sabotage collectively; people listen to a group of people more than to an individual;
• there is no need to go around complaining verbally, you need to put everything on paper and attach evidence of your words;
• as evidence you can use documents, audio and video materials, witness statements, recordings from video cameras in the office, etc.;
• no matter which organization you write your complaint to, be sure to keep confirmation that your complaint was accepted;
• exclude emotions, remain calm and do not deviate from the business tone of the letter;

It is very rare that statements are filed against “colleagues” in court, but the reasons for this are quite cruel:

• rape and/or persistent sexual stalking;
• humiliation of the individual (we have already talked about this);
• illegal actions of colleagues (s) that were committed with clear intent with the aim of setting up a colleague (s) and bringing him (them) under disciplinary action and / or dismissal.

The punishment will be determined by the judge depending on the severity of the act and the consequences after it.

In any case, if you find yourself on the side of the injured or accused party (after all, the plaintiff is also a person and may harbor malicious intent and slander), you have the opportunity to receive free legal advice online.

Acceptable time limits for responding to a complaint

When determining the period within which an enterprise must respond to a complaint received, it matters from whom it came.

If it comes from a government agency, then a response must be drawn up within thirty days. When a response letter requires additional information from third parties, this period may be extended by an additional thirty days.

Important

When the response period is not defined by the standards, each company can determine its own period within reasonable limits in its regulations. For example, when writing a complaint, its authors often ask for an answer within 7-10 days.

Additional questions

What does a collective complaint mean to management?

After the investigation, management may be subject to the following actions:

• penalties;
• dismissal of a manager;
• ban on the right to occupy leadership positions;
• bringing to criminal or administrative liability.

The consequences depend on the individual case and the severity of the violations.

Is anonymous submission of an appeal allowed?

Anonymous application submission is not possible. This fact is fixed by the rules of business correspondence. Upon receipt of such an appeal, the Commission has the right to refuse to consider it.

However, in the notes to the complaint, the complainant may indicate that he does not want his data to be shared with management. Thus, anonymity will only be partially preserved and at the initial stages the boss will not know the identity of the person who filed the complaint.

What penalties can be applied?

Disciplinary measures are determined by legal norms. Also, an economic entity has the right to establish measures of influence on an employee for a disciplinary offense.

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The main requirement is that the company employees be familiarized with the acts that established them, upon signature.

Articles 192 and 193 of the Labor Code of the Russian Federation establish a strict list of penalties that an employer can apply to its employees:

1. Announcements are made verbally.
2. Issuance of a reprimand by order of management.
3. Termination of an employment contract with an employee.

In order to apply disciplinary measures correctly, it is necessary to comply with established procedures, including the presentation by the employee of the company of an explanatory note in which he explains what happened.

It is also important to consider the period when an employee can be held accountable. By law, this time is limited to one month. The employer must remember that the same violation cannot be punished twice.

It is imperative to take into account that bonuses are awarded for compliance with certain established criteria.

If they are violated, then bonuses will not be paid. This is not a disciplinary punishment, but is considered a material consequence of the current situation.

Important

The main thing is that the criteria by which bonuses are accrued or not accrued are recorded in the appropriate regulations and employees are familiarized with this act upon signature.

Is it possible to fire an employee for rudeness?

Labor law standards do not define what behavior of a company employee is considered good and what is regarded as rudeness.

However, if you incorrectly address your colleagues or partners of the organization, this person may be subject to disciplinary action. At the same time, these measures must be enshrined in the internal regulations of the enterprise.

Dismissal for rudeness of an employee is permitted subject to the following conditions:

• Standards of behavior are described in the employee’s work instructions, the employment contract drawn up with him, and the internal regulations. At the same time, all employees must be familiarized with the latter.
• The fact of insult and boorish attitude of the employee towards colleagues and partners was recorded by drawing up a corresponding act. The basis for its preparation is a report or a complaint received.
• Initially, the employee is punished in the form of a verbal reprimand.
• If an employee commits this offense repeatedly, he will be subject to disciplinary action. An explanatory note must be requested from him, and the imposition of a penalty must be formalized by a written order of the manager.
• Dismissal follows if the person has three violations that are considered outstanding at the time of dismissal. These violations may not necessarily be associated with boorish attitudes. If violations involving insult to personality are repeated, then the employee who violates the rules can be fired for repeated violations of labor discipline.