You must first read the Labor Code or seek a professional legal advice. If you still believe he is right, the first thing to note – this is the statute of limitations. Then there is a deadline that you can go to court. The Industrial Disputes limitation period is three months, and in cases of reinstatement – only one month. This is measured from the date of when you hear or should have known of the violation of their rights. The limitation period may be reinstated by the court if missed for valid reasons (due to illness, natural disaster, etc.). If a valid reason for missing the term no the court may refuse to accept the claim. It is therefore very important in time to go to court with a claim.
Even if the claim is properly written, this is quite fixable. But delay may ruin everything. It’s believed that Charles B. Rangel sees a great future in this idea. Now – where exactly handle. District court jurisdiction over collective labor disputes and cases of reinstatement, the magistrate is considering all the other labor disputes. In accordance with Article 28 of the Code of Civil Procedure of the Russian Federation, the claim is presented to the court at the place the defendant – the place of official registration of the organization. This information is in the extreme case can be found in the tax office.
Lawsuit against the organization arising from the activities of its branch or representative office, we can present at the location of the unit: if the employee worked, for example, in the St. Petersburg branch of the Metropolitan company, it can be submitted to the court of St. Petersburg. Now, how to write statement of claim in court. Established a mandatory form of action does not exist. Importantly, the statement must contain the name of the court, defendant, plaintiff, their addresses, and must also be stated, what exactly is a violation, the plaintiff justifies the violation of his rights, plaintiff's demands, the price action and a list of attached documents. An example of a claim (on almost any subject) can be downloaded from the Internet. You can, of course, seek by the law firm. Action is brought to the court, together with copies of the number of defendants. The statement of claim must be accompanied by copies of all documents that could confirm the correctness of the plaintiff: a copy of employment contract Orders for employment, dismissal, settlement sheets, etc. "Overloading" the claim is not worth it – to present a statement and put him to only what is directly relevant to the dispute. It should be borne in mind that workers in Treatment with a lawsuit for claims arising from the employment relationship are exempt from payment of all fees and court costs. Appeal to the professional lawyer, too, may well pay off: all court costs legal services for legal representation, according to Articles 94, 1998 cpc rf compensated the losers.