In foreign countries, the filing of appeals and lawsuits no longer surprises anyone. In Russia, citizens, as a rule, try to solve problems on their own. The presentation of claims for the protection of one's rights is most often caused by the impossibility of resolving the dispute amicably. Nevertheless, such an option for protecting one's rights is legal and can solve many problems that a citizen has in the course of his life. But in some cases, a complaint can be filed by several persons, that is, collectively. How to write a collective complaint will be discussed below.
The legislation of the Russian Federation provides that citizens have the right to demand the elimination of violations of their rights. A complaint is one of the ways to protect a violated right, which is a written appeal addressed to state bodies or other organizations, containing a requirement to eliminate the violation of the legal rights of a citizen.
Such a request can be addressed both individually and collectively. It should be borne in mind that if there is information that such a violation of rights has been committed against two or more persons, then it makes sense to invite them to formulate a general requirement. In practice, it is collective appeals that are most effective. You can contact a specialist to learn how to make a collective complaint, but many manage on their own.
Legality of filing a complaint
The right of citizens to file individual and collective appeals is enshrined at the legislative level. The Federal Law “On the procedure for considering applications from citizens of the Russian Federation”, adopted more than ten years ago, contains the basic requirements for applications, the procedure and terms for consideration, etc.
Based on the requirements listed in this federal law, we can conclude that there are no strict forms of writing. The main condition is that the appeal must be in writing. To increase the likelihood of satisfying the requirements, it is necessary to describe the disputed situation in as much detail as possible, as well as specifically indicate which rights are violated and what exactly the citizen requires in connection with this.
In case the complaint is filed collectively, it is important to find other persons whose similar rights have been violated by the same institution. At the same time, the violation event itself may be identical, in which case it is necessary to list all the persons filing the complaint. However, it is recommended that you first review the information on how to properly write a Class Complaint to increase your chances of getting your claims approved.
Which organizations can be filed a collective complaint
As mentioned above, collective complaints can be filed against various government bodies and other organizations and institutions. In other words, you can complain about any violation of your legal rights and interests.
For example, in case of violation of the rights of employees by their immediate supervisor, the appeal is submitted to the head of the enterprise, the State Labor Inspectorate, the court or the prosecutor's office. At the same time, a citizen does not need to wonder how to write a complaint. The state reduced the requirements for design and content to a minimum, without introducing any special form.
Recently, cases of filing collective complaints against management companies, various housing cooperatives have become more frequent, for which the residents of the house belonging to them are united.
A collective complaint can also be filed, for example, by the parents of students against a teacher - to the Department of Education. Patients can come together to file a complaint about a violation of their rights by a healthcare professional. Such a request is submitted to the Department of Health.
Situations are different, but, in any case, the protection of violated rights should begin with an appeal to the head of the organization in which the employee who committed the violation works. If the demand remains unsatisfied, then the next instance is the state body that controls the activities of the organization, where you can send a complaint against the head. You can also go to court or file a collective complaint with the prosecutor's office.
In practice, problems with the employer are resolved much faster and more efficiently in the case of filing a collective rather than an individual complaint. If only one employee expresses dissatisfaction, then there are still possible different options and motives. But if other colleagues join him, then the weight of the arguments increases significantly, since the judgments of a large number of people, as a rule, are more objective.
As a rule, there are a lot of complaining citizens, you can always find among them those who want to protect their rights, just not every one of them is ready to take the initiative himself. Sometimes employees file complaints individually, but it is much easier for the authorized body to study the situation outlined in a single appeal than to consider dozens of applications separately.
Drawing up a collective complaint
Involving the maximum number of interested parties in writing significantly increases the likelihood of satisfying the requirements. In terms of its content, a collective complaint is practically no different from a complaint drawn up individually. Nevertheless, it is important to know how to write an appeal correctly in order to correctly and reasonably formulate your requirements.
The first step is to determine which body should be contacted. Further, to identify other persons whose rights are violated by the same organization, and invite them to unite to make demands. Often dissatisfied people are much more than at first glance. Many simply do not want to waste time and nerves on filing a complaint, while others do not know how to write such an appeal. If someone else invites them to join, then, as a rule, such people do not refuse. For example, a like-minded person who also complains about the leader, but verbally, can be found in absolutely any team.
After the circle of persons wishing to take part in the preparation of a collective complaint has been determined, it is necessary to establish the following:
- After talking with each of the participants, find out his opinion on the fact of the violation, try to formulate a unanimous opinion of all signatories.
- To fix the contact details of all participants, so that, in case of disputes when drafting the appeal, you can quickly contact them and discuss the wording.
- Determine the person who will make the appeal on behalf of all participants.
As mentioned earlier, the law does not establish a form for writing a collective complaint. Anyone can compose it. However, there are certain rules, the observance of which will allow you to correctly issue an appeal.
A collective complaint is submitted in writing. In the upper right corner is indicated the name of the organization or body where the appeal is submitted, as well as its address and data of the head. Below indicates from whom the appeal is submitted, and it is not necessary to list all the participants, one contact person will be enough, as a rule, the one who compiled the document. The name “collective complaint” located in the center of the page will indicate that the appeal is filed by a certain group of people.
The main part should include specific facts with dates confirming the violation of the legal rights of applying citizens. At the same time, the pronouns “we”, “us”, etc. are indicated in the text.
The final part should contain a specific description of the requirements of the team, that is, it is necessary to indicate the requirements of the participants. In some cases, it is not possible to agree on uniform requirements for all. Then the compiler uses the phrase “please take action”, leaving further resolution of the problem to the discretion of the body to which citizens apply.
It is advisable to attach copies of documents confirming the fact of violation of rights to any appeal. If there is documentary evidence, the likelihood of satisfying the requirements increases significantly.
At the end of the appeal, the date of its compilation is put, and the data of all participants are also listed. A completed, written and rechecked complaint is signed by each of the applicants. Other appeals are made in a similar way. Their examples can be found on the Internet, or they can be compiled independently, based on the basic requirements provided by law.
Sample of a collective complaint
Since the complaint is drawn up in an arbitrary form, it makes no sense to rely on one or another sample. Nevertheless, it is much easier for many to write an appeal, having an example in front of their eyes. Below is a sample sample of how to write a collective complaint to the State Labor Inspectorate.
State Labor Inspectorate in Moscow
115582, Moscow, Domodedovskaya street, 24, building 3
Petrov Petr Petrovich
From: Saturn LLC team
cont. person: Ivanov Ivan Ivanovich, residing at:
123456, Moscow, Ivanova street, building 1, apartment 2
phone: 12345678
We, the undersigned, have been employees of Saturn LLC (legal address: Moscow, Sidorova street, 3) since January 2017. In violation of Art. 68 of the Labor Code of the Russian Federation, the employer refuses to formalize us, does not sign employment contracts.
For this reason, we are not entitled to overtime pay and paid holidays. Leaves of disability are also not paid to us. Our written appeals with a request for official employment by the employer were left unanswered. Thus, our rights under Art. Art. 68, 99, 114, 183 of the Labor Code of the Russian Federation.
Based on the foregoing, in accordance with Art. 352 of the Labor Code of the Russian Federation, please:
- Understand the current situation, oblige the employer to sign an employment contract with employees.
- The person guilty of violating the rights of workers is held accountable.
Please send the answer to Ivanov I.I. at the address: 123456, Moscow, Ivanova street, house 1, apartment 2, within the period established by law.
04/05/2017 (signature) Leading lawyer of Saturn LLC Ivanov I.I.
04/05/2017 (signature) Chief Manager of Saturn LLC Dozhdev S.A.
04/05/2017 (signature) Chief Accountant of Saturn LLC Ryabova K.D.
What to pay attention to
The collective appeal is signed by each of its participants, with a transcript of the signature. In some bodies, you can send an appeal through the official website. If there is no possibility of personal submission, the application is sent by mail. The notification will serve as proof of receipt of the package of documents by the addressee. If the appeal is submitted personally, the person who received it must sign the copy that remains with the applicant.
Thus, the procedure for collective appeal is quite simple and most effective. The appeal must be considered within a period not exceeding 30 days. For appeals concerning violations of consumer rights, a shorter period is set - 10 days.
The decision is not final, the law provides for the possibility of appeal. If employees are not satisfied with the response they receive, they have the right to use other methods to protect their rights. They refused in all instances - write to the prosecutor's office or the court, be sure to attach the answers of the previous bodies.