What is the period for consideration and response to a claim established by law: refusal to consider a claim, rules for filing a claim

Legal deadline for responding to a claim

As previously mentioned, the quality of the goods sold does not always meet the buyer's requirements. And if someone can simply come to terms with what they received, then others are not at all happy with all this. And in accordance with his dissatisfaction, he sends a claim. This position in life is considered the main model of behavior of any person who prefers to live in an asset. But some organizations are sometimes in no hurry to satisfy their own complaints in the future. In accordance with all this, it is recommended to take active action within a short time.

What exactly will determine the period for consideration of claims?

Of course, in this matter you will have to approach any issue especially carefully. The duration of consideration of all claims will depend only on the area of activity where, in particular, this or that incident occurred. In addition, according to the law, the main fixed deadlines for receiving a response to a letter sent by you, then in many cases special regulations are not considered here.

Therefore, based on all these results, it will be possible to consider the main deadline for receiving a response to your appeal, which was sent in special cases. Any sample of a written application can be found on the Internet, but it is better to use the main form on our website.

How is a consumer complaint made?

Considering the rich market of goods and services, one can easily guess that in almost any area there is something to complain about. Despite the variety of reasons, the filing of the claim itself looks quite standard. The claim consists of:

The title, which indicates the addressee of the claim, as well as the details of the applicant. The legal name of the organization where it is sent, as well as the address and contact information, is indicated. The name of the organization or company is indicated according to the data written on the check, receipt or drawn up service agreement. The applicant must indicate not only his full name, but also an address with contact details;
The title and text of the claim itself. This point should be given special attention. The information part of the consumer complaint is compiled in free form, like many other statements or complaints. It is better to start describing the situation from the moment when the legal relationship between the consumer and the one who provided the product or service began. It is necessary to especially emphasize such points as: the conditions that were discussed and established initially, what exactly was the basis according to the contract being drawn up, what information was provided to the consumer. Then you will need to indicate what exactly the claim is for this service or product. Try to speak briefly and clearly state the facts, avoiding overly detailed descriptions. In a complaint, it is important to show exactly why it was made, and not to talk about the number of scratches on the product or to retell the communication with the service provider in person. A correctly and sufficiently succinct claim is almost half the success;
Applications, signature and date of compilation. Copies of contracts or checks are used as attached documents. They act as evidence of the fact of legal relations. A variety of papers can serve as additional evidence that you are right.

How to properly respond to a complaint

There is no unified form of response in nature, but it must be submitted as a written document. The norms of office work control its appearance, but with regard to the content, only the document created according to the model described below will be considered correct.

First part.

The sender is indicated: name of the organization, address, checkpoint and tax identification number;
Information about the addressee: full name, position, address.
The number assigned to the complaint, taking into account the internal document flow of the enterprise, the date of preparation.

Part two (main).

Date the claim was received;
A short description of its essence. Enter the monetary fine requested by the offended party (in numbers and words);
Number and date of the agreement under which the sender acted;
Actually, a response written based on the clauses of the contract, etc.;
Indicate your decision regarding the complaint: accepted, rejected, partially accepted (indicate the amount of the refunded amount).

The main thing is that the claim is not left unattended. The answer must be written, even if the answer is negative.

https://youtu.be/0ghPk_wm5_o

Deadlines for responding to a legal entity’s claim

A dispute between legal entities is not much different from a conflict between a citizen and a company.

The response period is the same month, unless the parties agree otherwise.

Any agreement must be specified in the contract, otherwise it will not be considered valid.

A legal entity may require:

Refund or deliver the goods.
Reduce cost.
Carry out repairs or pay for them if the buyer agrees to repair it themselves.
Return the money, that is, terminate the contract.

For banks, the processing of claims is somewhat different: it usually takes 10-15 days, but in particularly complicated and complex cases it can reach a month.

The nuances of determining deadlines and responsibility for violating them

It is important for the applicant, as well as the defendant, to remember that each claim is unique and may require identification of additional reasons for the violation or examination in the case of improper goods or insurance under OSAGO. Therefore, the Civil Code introduces the concept of a reasonable period - a period of time for feedback, supported by circumstances.

For example, if the defendant remains silent, the consumer can file a statement of claim in court. However, the other party may invoke a reasonable period by providing evidence to delay the feedback.

Refusal to consider a claim or fulfill requirements

If the consumer refuses to satisfy the demand or misses the established deadline, he has the right to file a claim in court.
As a rule, the period for consideration of a claim is indicated in the terms of the contract or the claim itself. However, the law establishes requirements for compliance with the deadlines for pre-trial dispute resolution. According to paragraph 2 of Art. 452 of the Civil Code of the Russian Federation, an appeal containing a requirement to change the contract or terminate it can be appealed to the court after the expiration of the period for consideration of the claim. If it is not specified in the claim or contract itself, the law allows 30 days for a response.

Sample response to a claim for payment of wages – Lawyers

In addition to issues of non-payment of wages, reinstatement at work - which, due to shortened deadlines, are advisable to resolve in court, a claim can be sent to:

in case of non-accrual and non-payment of the regional coefficient to wages;
wrongful disciplinary action;
applying for compensation under Art. 240 of the Labor Code of the Russian Federation (an analogue of a penalty for violation of the terms of payment of wages and other labor payments);
refusal to provide additional leave in cases where this is the employer’s responsibility;
assignment on a business trip, etc.

In such cases, a complaint will help the employer receive a written answer without unnecessary obstacles and build a line of further behavior.

In connection with the gross violation of labor legislation on the part of Consens-Trust LLC, I ask you to consider the issue of administrative punishment under Art. 5.27 Code of Administrative Offenses of the Russian Federation for the employer.

I also ask you to restore my rights violated by my employer and oblige him to pay me all currently outstanding wages, along with interest calculated in accordance with Art. 236 of the Labor Code of the Russian Federation."

*** An employee’s claim for non-payment of wages is submitted to the employer in person or sent by mail. The document is drawn up in any form.

Salary payment letter

Then, as a rule, there follows a demand for compensation for moral damage (indicating the exact amount), and justification for what exactly it was expressed in:

worries due to the fact that the family has been short on money for a long period of time;
inability to buy necessary medications;
poor child's diet;
the need to postpone a long-planned trip or visit to the doctor:
disrespectful attitude towards an honest employee, ignoring his legal requirements, etc.

Here, if necessary, the employee reports how much he spent on legal services.

Important

Download the document (pretenziya-o-nevyplate-zarplaty.doc, 34KB) Along with the claim, the citizen has the right to send the company management a written notice of suspension of work if the delay in wages exceeds 15 days. Dear readers! Our articles talk about typical ways to resolve legal issues, but each case is unique.

If you want to find out how to solve your particular problem, please use the online consultant form on the right or call ext 882. It’s fast and free! An attempt at pre-trial settlement of a labor dispute is not obligatory for the employee. Sometimes it only delays time, which is uselessly spent waiting for reciprocal, peaceful steps from the authorities. And the dispute still moves to the courtroom.

A claim to an employer for non-payment of wages - a sample will be presented in this article - is submitted by an employee individually or formalized by a work collective.

In addition, in the event of a violation of their rights, such as non-payment of wages, employees will be able to file a complaint with the labor inspectorate or file a lawsuit in court.

How to write a letter of claim for non-payment of wages How to write a statement of suspension of work due to non-payment of wages Is it possible to file a complaint against an employer for non-payment of wages How to write a letter of claim for non-payment of wages If a salary payment deadline is missed, an employee can contact the employer with a demand for immediate debt repayment, that is, file a claim for non-payment of wages. The claim is submitted to the head of the enterprise in writing.

https://youtu.be/hb6YsnguN6o

Many people try not to conflict with their bosses, but sometimes a complaint to the employer remains the last opportunity to avoid bringing the matter to court. Often such a document is sent after dismissal, when unresolved issues remain.

For example, for the collection of wages, compensation for vacation, etc. In addition, the results of checking the contributions made by the employer to the Pension Fund of the Russian Federation can be perplexing.

Try to write a claim to the employer in a pre-trial dispute resolution procedure.

Although the employee in some categories of cases is exempt from paying state fees to the court, perhaps such a document will resolve the situation faster.

And in the case when a person is in an employment relationship with an employer, the claim will be regarded as a desire not to bring matters to the point of filing a lawsuit, but to agree to act within the framework of the law.

How to correctly write a response to a buyer's complaint?

How true is this? Is the consumer being deceived by agreeing to wait so long? Let's figure out exactly what time frame, according to the law, a response to the buyer's claim must be given. The law allows the consumer to choose what he would like to do with the product with which problems or other shortcomings have arisen.

The list of possibilities is given in Art. 18 of the PPA Act (Law). So, the consumer in his claim can demand:

replacing a purchase with a similar product;
replacing a low-quality item with another model (with an additional payment or, on the contrary, a refund of the difference);
reducing the price of deficient products;
repairing the item or paying to fix it yourself;
refund.

He puts all this in writing.

And the seller must consider the claim under the consumer protection law without violating the deadlines and provide a response.

Deadlines under consumer law

The general time frame for reviewing a complaint under the Consumer Protection Act 2020 in retail industries does not exceed 30 calendar days from the date of receipt of the complaint.

The Consumer Protection Law does not stipulate a period for responding to a request for replacement of goods. You should be guided by 30 days - the maximum period allowed by the Civil Code.

The deadline for responding to a claim under the consumer protection law depends on the specific requirement:

7 days are given to replace the product. The period has the right to increase if the store does not have a similar model;
20 days - if additional examination is required;
30 days - if the product is not in the store and you have to check it out from the warehouse;
10 working days for a refund, according to Art. 22 of the Law on Protection of Consumer Rights;
45 days for repairs. If the goods are durable, then the client is provided with a similar replacement during repairs.

IMPORTANT!

The main deadline under the consumer rights law is the time to return the money. It is strictly limited to a period of 10 days. But clarification is required in what time frame a response to the claim should be given: within 10 working days or calendar days? The answer is 10 calendar days.

How quickly should the seller respond to consumer complaints?

We are talking about the answer - perhaps it will take a little more time to replace a broken item with a working one (especially if we are talking about imported goods). But the importing or selling company must notify the customer that the claim has been accepted for consideration.

If there is no response, the client has the right to sue, because the absence of a response is the same as a negative response; in other words, if the company ignores the claim, it means it refuses to exchange the goods or refund the money. The time frame for responding to a consumer complaint may also depend on what time frame was indicated in the contract - if the buyer and seller entered into some kind of agreement (for example, an agreement on repair and finishing work or on the supply of a batch of building materials).

Thus, the period for responding to a claim can be increased, for example, to thirty days.

What is the legal deadline for responding to a claim?

Well, if the seller simply does not currently have a similar product in stock, then the waiting period can stretch up to a whole month. The quickest solution is to offer the buyer a temporary replacement while his problem is resolved.

Only three days are allotted for this. And you shouldn’t believe the sellers’ words that everything is always resolved only in 45 days. This is wrong. Where to complain about delays Despite the fact that the law clearly stipulates how long it takes to consider a claim from a buyer, in reality its consideration and satisfaction often occurs behind schedule.

If the buyer was warned about this possibility and agreed to extend the waiting time, then he cannot complain. It’s another matter if everything is delayed due to the fault of the seller, who, moreover, does not make contact with the buyer and does not ask for his consent.

There is a violation of the law and rights by the other party.

It is important to know! Claim: presentation, term, recognition, response to the claim

Sample negative response to a complaint

Sample positive response to a complaint

Sample pre-trial claim for non-payment of wages by the employer

Submitting a claim to the employer for non-payment of wages is a legal way to resolve the problem out of court. And the organization is no less interested in this than the employee.

If such cases go to court, the overwhelming majority are decided in favor of the employee.

And then, in addition to the forced recovery of earnings, the company will face penalties, compensation for moral damages to the plaintiff, reimbursement of legal expenses and other additional damages.

Guarantees of labor legislation

By not paying an employee the money he earns, the employer violates the Labor Code. Article 21 of the Labor Code, listing the rights and obligations of Russian workers, clearly defines: employees have the right to receive the salary on time and in full, which he agreed on with the company (or individual entrepreneur) in the employment contract.

Unpaid wages, according to Article 142 of the Labor Code, within a 15-day period, is grounds for suspension of work.

Before the employee is notified in writing of the employer’s readiness to pay him, he is not even required to be present in the office or enterprise. And all this time he will receive average earnings.

Having received this notification, he will have to begin performing his work duties the very next day. Otherwise, there will be a threat of being fired for absenteeism.

Article 237 of the Labor Code allows an employee to recover moral damages from an employer who has delayed payment of wages.

claims for unpaid wages

References to the above articles of the Labor Code are usually present in the application drawn up by the employee. Before writing a complaint to your employer, it is useful to look at the Criminal Code. This will allow the negligent management to be reminded of the contents of Article 145.1 of the Criminal Code.

In accordance with this rule, for deliberate failure to pay wages for more than 2 months, you can be imprisoned for 3 years. If the lack of money in the family (due to the fault of the employer) has led to serious consequences, the responsible person can be jailed for up to five years.

For example, if non-payment of wages to the father of the family led to the fact that the parents had nothing to buy medicine for the child, which is why his condition sharply worsened.

A letter of claim is sent to the head of the company that failed to pay the employee’s wages in a timely manner. The main purpose of this document is to warn superiors about the employee’s intention to fight for his rights. A claim for violation of deadlines for payment of wages is the last opportunity to peacefully resolve the labor dispute that has arisen.

The complaint informs the organization's management about the violation of the employee's labor rights and tells what exactly it is. In this case, the employee must indicate:

from what time and in what position has he been working in the company, on the basis of what employment contract;
what amount of salary is guaranteed to him by the signed contract;
how long has he not received the funds he earned;
what is the amount of debt generated?

The following lists what legal norms are violated by such actions of the employer, and what he faces for this. Then, as a rule, there follows a demand for compensation for moral damage (indicating the exact amount), and justification for what exactly it was expressed in:

worries due to the fact that the family has been short on money for a long period of time;
inability to buy necessary medications;
poor child's diet;
the need to postpone a long-planned trip or visit to the doctor:
disrespectful attitude towards an honest employee, ignoring his legal requirements, etc.

Here, if necessary, the employee reports how much he spent on legal services. In the final part of the document he suggests:

pay him all salary arrears;
compensate for moral damage;
reimburse the costs of legal assistance.

The pre-trial claim ends with a warning that if the listed requirements are ignored, the employee will continue to defend his rights and interests in the judicial and regulatory authorities. Similar statement:

or it is handed over to the employer personally (in which case it is necessary to make a mark on the second copy;
or sent to him by mail (then you should issue a registered letter, describing its attachment).

The law does not specify the exact period within which the company’s management is obliged to respond to the application received. However, according to established practice, 10-14 days are considered a reasonable time for response.

General structure of the claim

Despite the fact that the claim is drawn up by the employee in free form, there are rules of office work that it is advisable to follow. The document has several required elements:

Full name and position of the manager to whom the document is addressed;
full name of the company;
Full name and position of the claim maker, indication of the department or other structural unit where he works;
title of the document (“CLAIM”);
a statement of the reasons for the complaint, facts of violation of the employee’s rights;
listing the employee’s requirements to the employer;
in what time frame, and in what way the applicant wishes to receive a response to the claim;
what will happen if he doesn’t receive it;
date of filing the claim and signature of the employee;
list of attached documents (copy of employment contract, receipt for lawyer’s fees, etc.).

an employee's claims against an employer for non-payment of wages can be found here.

Download the document (pretenziya-o-nevyplate-zarplaty.doc, 34KB)

Along with the claim, the citizen has the right to send a written notice to the company management about the suspension of work if the salary delay exceeds 15 days.

An attempt at pre-trial settlement of a labor dispute is not obligatory for the employee. Sometimes it only delays time, which is uselessly spent waiting for reciprocal, peaceful steps from the authorities.

And the dispute still moves to the courtroom.

However, if management and subordinates share the same desire to avoid a lengthy legal battle, a claim may be a good opportunity to resolve the conflict with minimal losses for its participants.

Source: https://FreeLawyer.guru/trud/pretenziya-o-nevyplate-zarabotnoj-platy.html

Article 55. Submission of complaints and presentation of claims and their consideration

1. A user of communications services has the right to appeal in an administrative or judicial manner the decisions and actions (inaction) of a body or official, a communications operator, related to the provision of communications services, as well as ensuring the operational readiness of the radio frequency spectrum.

2. The telecom operator is obliged to have a book of complaints and suggestions and issue it upon the first request of the user of communication services.

3. Consideration of complaints from users of communication services is carried out in the manner established by the legislation of the Russian Federation.

4. In case of non-fulfillment or improper fulfillment of obligations arising from the contract for the provision of communication services, the user of communication services, before going to court, submits a claim to the telecom operator.

5. Claims must be submitted within the following deadlines:

1) within six months from the date of provision of a communication service, refusal to provide it or the day of issuing an invoice for the provision of communication services - on issues related to refusal to provide communication services, untimely or improper fulfillment of obligations arising from the contract for the provision of communication services, or failure to perform or improper performance of work in the field of telecommunications (except for complaints related to telegraph messages);

2) within six months from the date of sending the postal item, making a postal transfer of funds - on issues related to non-delivery, untimely delivery, damage or loss of the postal item, non-payment or untimely payment of transferred funds;

3) within a month from the date of submission of the telegram - on issues related to non-delivery, untimely delivery of the telegram or distortion of the text of the telegram, changing its meaning.

6. Attached to the claim is a copy of the contract for the provision of communication services or another document certifying the fact of the conclusion of the contract (receipt, list of attachments, etc.) and other documents that are necessary to consider the claim on the merits and which must indicate information about non-fulfillment or improper performance obligations under the contract for the provision of communication services, and in the event of a claim for damages - about the fact and amount of damage caused.

7. The claim must be registered by the telecom operator no later than the business day following the day it was received. The telecom operator, within thirty days from the date of registration of the claim, is obliged to consider it and inform the person who filed the claim about the results of its consideration. The specified information is sent in the form of a document on paper or in the form of an electronic document signed with a simple electronic signature, if such a form is indicated in the claim.

8. For certain types of claims, special deadlines for their consideration are provided:

1) claims related to postal items and postal transfers of funds sent (transferred) within the same settlement are considered within five days from the date of registration of claims;

2) claims related to all other postal items and postal money transfers are considered within the time limit established by paragraph 7 of this article;

3) claims related to the provision of long-distance and international telephone services and the provision by the telecom operator to the subscriber of the opportunity to use mobile radiotelephone communication services outside the territory of the Russian Federation provided by another telecom operator with whom the subscriber has not concluded an agreement for the provision of mobile radiotelephone communication services, are considered within sixty days from the date of registration of claims.

9. If a claim is rejected in whole or in part, or if a response is not received within the time limit established for its consideration, the user of communication services has the right to file a claim in court.

How to respond to an employee's wage claim

Please send the response to this complaint to my home address by December 30, 2016.” How to draw up an application for suspension of work due to non-payment of wages As indicated in Part 2 of Art.

142 of the Labor Code of the Russian Federation, if the employer delayed payment of wages for more than 15 days, then the employee may suspend work until the debt is repaid.

Before making a decision to suspend work, the employee must notify the employer about this - simultaneously with filing an application for non-payment of wages - a sample is presented above - or later. During the period of suspension of work, in accordance with Art.

142 of the Labor Code of the Russian Federation, the employee may not be at his workplace, but he will be accrued the average daily salary. The employee must return to work no later than the next day after receiving notification from the employer of readiness to pay the debt.

Proceedings in court In order to go to court, you must draw up a statement of claim. If there is no employment contract, it is difficult to prove the existence of a working relationship.

In this case, witness testimony, certificates of work performed, etc. will help. A claim can be filed in court at the place of registration of the defendant or the place of residence of the plaintiff.

A claim is an important component of going to court.

The document must be drawn up according to the rules of Article 131 of the Code of Civil Procedure.

Important

The norm determines that the claim must be drawn up in writing, and it must reflect certain provisions. The document must be drawn up without errors, erasures or corrections, with a clear structure.

What deadlines are established for preparing a response to an employee’s complaint?

O. of the employee, as well as the name of the structural unit in which he is employed;

the name of the document is “Claim”;
a statement of the current circumstances with references to legislation and relevant documents (for example, the date and number of the employment contract and an indication of the number of the clause in it, which states the amount of the salary and the period for its payment, a link to the clause of the collective agreement, etc.);
requirements for the employer;
deadline and method of providing a response;
date and signature of the applicant.

Sample claim for non-payment of wages Claims are written in any form. The document style is official. The introductory part is the same as when drawing up applications (name of the addressee and applicant, their contact details).

Deadline to respond to employee

Secondly, in order not to incur the costs of paying forced absenteeism to an illegally dismissed employee.

In the event of termination of an employment contract without legal grounds or illegal transfer to another job, relocation to another workplace, change in working conditions, or removal from work, the court makes a decision to reinstate the employee to his previous job.

If an employee was dismissed due to a reduction in numbers or staff and such dismissal was declared illegal by the court, the employee is also reinstated in his previous position, even if it is no longer there. Such an employee will accordingly need to pay wages and other payments related to work activities on an equal basis with others.

Attention

Such a certificate can be issued by the personnel service without the consent of the administration. Based on such certificates, workers can subsequently apply to labor authorities and judicial authorities with a demand to pay allegedly accrued wages and penalties for the period of delay in payment.

Based on an order from a labor inspector or based on a court decision, the employer may be required to pay the employee unearned benefits. The employer must ensure compliance with labor discipline in the organization. Such discipline must be stipulated in an employment or collective agreement or provided for in the acts of the employer. Thus, it is possible to regulate the rules, procedures for use, distribution, and access rights to information related to work activities in the organization. Which subsequently reduces the risk of making unreasonable demands on the part of the employee.

Bank of expert opinions

In this case, the appeal should have been made within three months from the day when he learned or should have learned about the violation of his right (Article 392 of the Labor Code of the Russian Federation). However, if this period is missed for good reasons, it can be restored by the court.

In addition, the employee can contact the state labor inspectorate. Moreover, the deadlines for applying to the State Tax Inspectorate are not established by law. Details in the materials of the Personnel System:

Legal basis: Labor Code of the Russian Federation

Article 392.

Time limits for applying to court for resolution of an individual labor dispute An employee has the right to apply to court for resolution of an individual labor dispute within three months from the day he learned or should have learned about a violation of his rights, and in disputes about dismissal - within one month from the day of delivery of a copy of the dismissal order to him or the day of issue of the work book.

An example of a response to an employee’s statement

This must be done so that days missed due to delays on the part of the employer are not counted as absenteeism. To leave the workplace or not to do so is the choice of each employee. They cannot stop performing their official duties:

military personnel during a state of emergency;
law enforcement officers (for example, the Ministry of Emergency Situations);
production workers who ensure the vitality of the population;
workers in hazardous industries.

In the complaint, you can also indicate your intention to write to the Prosecutor's Office or the State Tax Inspectorate, and also determine for the employer that in case of non-payment and further delay, it will be checked by regulatory authorities, whose decisions must be implemented. Lack of money from the employer is not a reason for non-payment of wages.

You indicate the essence of the dispute, give arguments for the illegality of the actions of the employer or its representatives in the organization and your requirements. The employer has the right to verify the information specified in the complaint and bring the perpetrators to disciplinary action.

Therefore, in such cases, the results of the claim will have to wait. When a claim is filed with an employer It is not necessary to draw up such a document in the sense that the judge will not rule on the return of the statement of claim.

This is if there is an intention to go to court. In addition to issues of non-payment of wages, reinstatement at work - which, due to shortened deadlines, are advisable to resolve in court, a claim can be sent to:

in case of non-accrual and non-payment of the regional coefficient to wages;
wrongful disciplinary action;
applying for compensation under Art.

Labor Code of the Russian Federation, certificate 2-NDFL. Describes measures for pre-trial settlement of a controversial legal relationship (for example, filing a claim with the employer), an extract from the employee’s salary account. At the end of the text of the claim, it is necessary to list all the papers that the applicant is able to present to the judicial authority.

This could be an employment contract, a copy of the plaintiff’s passport, TIN, or a certificate from the accounting department about the average salary. The claim is filed in several copies. One of them must be with the defendant so that this party to the dispute knows what he is accused of.

All certificates and copies of orders must be issued at work, and for a period of no more than 3 days. If the manager does not issue certificates and also creates obstacles to obtaining them, the court must be told about this. This body has the right to request all necessary documents from the employer.

Why should salary-related issues be recorded in writing? A well-drafted employment contract will help in the future to avoid unpleasant situations related to the range of duties performed, the liability of the parties to the contract (including material), the possible resignation or dismissal of the employee, as well as unreasonable demands from the employee for payment of wages.

The employer should remember that all changes and additions related to wages must be reflected in writing and recorded in the employer’s acts (orders, staffing tables, wage regulations, instructions) or drawn up in the form of a written agreement to the employment contract (Article 32 of the Labor Code of the Republic Kazakhstan).

A claim to an employer for non-payment of wages - a sample will be presented in this article - is submitted by an employee individually or formalized by a work collective. In addition, in the event of a violation of their rights, such as non-payment of wages, employees will be able to file a complaint with the labor inspectorate or file a lawsuit in court.

We present a sample application for non-payment of wages and suspension of work (motivational part): “According to clause 5 of the employment contract No. 12 dated 09/01/2016, concluded between me (O. M. Safyanov) and Consensus-Trust LLC, wages for November 2016 must be paid in full on December 15, 2016.

Until now (December 31, 2016), salaries for the specified period have not been paid. The delay period is 16 days. According to Part 2 of Art.

142 of the Labor Code of the Russian Federation, I notify you of my suspension of work until my wages for November 2020 are fully paid, along with interest for the delay.”

Is it possible to file a complaint against an employer for non-payment of wages? The Labor Code does not stipulate the procedure for pre-trial claim settlement of a labor dispute; accordingly, the deadlines for responding to a claim submitted to the employer are not established.

Source: https://dtpstory.ru/kak-otvetit-rabotniku-na-pretenziyu-po-zarabotnoj-plate/

Reasons and rules for filing a claim

The reason for drawing up this document can only be serious reasons, and when submitting such an application, it is usually accompanied by documents and other types of applications that can prove the validity and competence of the claim. It will not be possible to “make a claim out of thin air” just for the sake of receiving compensation; most likely, the company will send a response containing a refusal to satisfy the requirements with a reasoned explanation based on the legislation of the Russian Federation.

It most likely makes no sense to go to court after this. Although sometimes companies refuse those claims that, according to legal acts, they are obliged to satisfy. This may be caused by the negligence of company employees, or it is also possible that the applicant simply completed the documentation incorrectly. To avoid such developments, you should be careful when filling out the claim.

It is necessary to indicate the applicant's details - full name, as well as contact information;
It is also important not to lose sight of the specific address to the official or the entire company against which the complaint is made;
When describing the claim itself, it is worth using the maximum number of specific facts;
The argumentation must be reasonable and based on legal aspects; When presenting demands, you also need to use the most precise wording;
You can additionally specify a list of conflict resolution options;
At the end there is a signature and the date the document was drawn up.

It is important to know! How to respond to a contract claim

In fact, the rules are quite simple and apply to almost all official documents. Since there is no specific sample, it is quite possible to use one of the proposed options on the Internet if you have problems filling out the form yourself. If the party to whom the claim is sent does not want to consider the claim without specifying the reason, the other party can resolve the issue as follows: Contact the consumer rights protection department; Contact the district prosecutor's office with a statement; And finally, go to court for this authority to intervene in the situation.

Response to a justified complaint

A justified complaint indicates that you actually made mistakes. If a justified complaint is received, the response must admit your mistakes, apologize and show that you can continue to cooperate with you further.

Let's consider the situation. For example, you are the owner of an online bookstore. You receive a letter of complaint regarding the incorrect completion of your order from Natalia, a university student. The application contains all documents and photos. Your mistake is obvious. You need to write the answer in such a way that this client continues to use the services of your online store.

1. Start with a personal address.

Dear Natalia!

2.
Apologize.
The team of the online store “Bukvoed” brings you its sincere apologies in connection with the problems in completing your order.

3.
State the problem
so that your recipient understands that you have read his letter and correctly understood the essence of the problem. At this stage, it is important not to downplay the problem. It's also important to add specifics.

From your letter we learned that, unfortunately, the books you ordered did not arrive in full. So, out of the five books you ordered, only three were received. And this is undoubtedly our mistake.

4. Take the side of the offended.

We share your disappointment and outrage about this. However, we would like you to know that this is an unprecedented situation in our company.

5. Justify the reasons for the problem and report on the measures taken.

It is possible that the reason for the undercompleted order was the “human factor” or the inexperience of the trainee who collected your order. We assure you that we will definitely understand the real reasons and take appropriate measures to prevent similar cases in the future.

6. Show how you can resolve the conflict.

At this stage it is important to show that we are acting as normal and responsible business partners.

To correct this mistake, we have already sent you the missing book. As a sign of our regret about what happened, the parcel is accompanied by a certificate for a 15% discount on all subsequent purchases in our online store and a gift book.

7.
Show a desire to make peace.
Let me once again apologize to you. We hope that this misunderstanding will not prevent you from continuing to be our client.

Time limit for consideration of a claim by law: sources of legal regulation

The legally established period for consideration of a claim or its satisfaction follows from the regulatory documents:

Civil Code (Art. 452, Art. 810, Art. 837) regarding changes and termination of contracts, loan repayment, deposit issuance, etc.;
Law “On the Protection of Consumer Rights” dated 02/07/1992 No. 2300-1 (hereinafter referred to as the Law) in terms of regulating the consideration of citizens’ claims to business entities in relation to completed and provided (or to be performed) work and services, as well as purchased goods;
Inland Water Transport Code (Article 163), regulating the time frame for consideration of a claim by a carrier or towing company;
Law “On Compulsory Motor Liability Insurance” dated April 25, 2002 No. 40-FZ, which contains the deadlines for consideration of claims by insurance organizations.

It is important to know! What can recognition of a claim mean and what consequences does it entail?

There are other regulatory documents regulating the procedure (including timing) for considering applicants’ claims in specific areas of civil legal relations. Judicial practice, although it does not establish legal deadlines, does clarify some issues regarding the procedure for calculating them.

What does reasonable time mean?

In many cases, in the absence of clear deadlines established by law, the general rules for the time limits within which a claim must be considered must be reasonable or as short as possible. This means that within a specified period of time, the party to whom the claim is made must be able to physically receive it, consider it in essence, fulfill the claim requirements or prepare a response to it.

An analysis of the legal norms that define the general requirements for the deadline for responding to claims shows that, as a rule, it is established by the subjects of legal relations . The timing of claims consideration during pre-trial dispute resolution procedures is an essential aspect of contractual relations. When they are indicated in contracts or direct claims, the basis is not the legally established framework, but reasonableness, which will help maintain the dynamics of the contract, and the ability to avoid unfounded legal disputes.

Response to a letter of complaint - deadlines for formation and sending, sample and content

A beautifully written answer is not only business etiquette, but also the reputation of the company.

Even if, from the point of view of the addressee, the claim has no basis, it is necessary to respond to it, since in this way you can show your concern for the problem expressed, as well as the desire to maintain good relations and continue further cooperation.

In addition, the answer, with further development of the conflict, can become important evidence in court.

Different employees do this in different organizations. Most often these are lawyers or secretaries who interact with all departments of the company.

Sometimes the preparation of such letters is entrusted to the heads of responsible departments or ordinary employees.

At the same time, we should not forget that the higher the position of the author of the answer, the more convincing its content will be for the second party.

The main content of the response to the claim is strictly individual in each case. However, there are some requirements that must be followed in any such letter.

Firstly, the form itself - it is better to write the answer on the company’s letterhead, this will once again prove the seriousness of the issue and respect for the partner.

But if the company does not have a letterhead, the answer can be issued on a regular sheet of standard A4 format. In both cases, it is important to indicate to whom exactly the letter is being sent, as well as its author.

The letter must be dated and there is no need to hesitate here, because... The deadline for responding to a claim is established by law: from 10 to 30 days from the date of receipt of the letter of claim (depending on the specific situation).

The answer must be signed, preferably by the head of the enterprise - this will show the interested party that the director is aware of the problem and also has a desire to resolve it, but if the organization is large with many structural divisions, then the head of the department whose competence includes the solution can verify the answer these tasks.

It is not necessary to affix a seal, since starting from 2020, enterprises and organizations have every right to exclude the use of seals and stamps from their activities. But it is necessary to register the response to the claim in the internal log of outgoing documentation, since it still relates to the official document flow between the two parties.

In response to the demands made, it is not at all necessary to agree with them. You can send a polite refusal to the claim or agree with it partially.

The only thing you should always remember is that any answer must be within the law, since the author of the claim can use this document as evidence in court.

So the wording must be selected extremely carefully, using, if possible, references to documents, legislative acts and regulations.

Since there is no unified form for responding to a complaint, when writing them you should adhere to the rules and regulations of office work.

Part one

In the “header” of the response to the claim, you need to indicate the sender, namely: the full name of the organization, its actual address, Taxpayer Identification Number (TIN), KPP (the last two parameters can be taken from the company’s constituent documentation).
Next, you should enter information about the addressee: if the letter is sent to a specific person, then his position, surname, first name, patronymic (the last two - in the form of initials), again the full name of the company, actual address.
Then you need to number the document in accordance with the internal document flow of the enterprise and set the date of its preparation.

For a pre-trial claim

Second paragraph of Art.
452 of the Civil Code of the Russian Federation provides that when the claim does not indicate a period for responding to the stated proposal (to terminate, change the terms of the contract) or it is not provided for either by the contract or by law, then it should be considered equal to a month. Taking into account the indicated norm and business customs, the period allotted for consideration of a submitted claim is considered reasonable if it is no more than a month.

If a pre-trial claim is sent, when such a preliminary procedure for the peaceful resolution of a dispute is required by law, a reasonable period for its consideration should also be applied in the case where the regulations do not determine clear deadlines for the parties to send a response.

Since such terms are determined by the APC (Part 5 of Article 4), this rule affects only a few types of civil law relations in which an individual is a participant.