​Question: How long does it take for an employer to consider an employee’s application?

Federal Law of 02/09/2009 No. 8-FZ “On ensuring access to information on the activities of state bodies and local governments”

establishes the right to appeal to state bodies and local governments with requests for information. This law regulates not only the consideration of citizens' requests, but also a number of other issues (publication of information about the activities of government bodies, posting this information on the Internet, etc.). Only a small part of the text is devoted to working with requests in the law.

There are special considerations for media requests (see below). The peculiarities relate to both the timing of consideration of requests and the range of possible addressees of requests.

Subject of requests[]

Information may be requested both on the activities of state bodies and local self-government bodies themselves, and on the activities of organizations subordinate to these bodies. The subject of the request can be both existing documents and other information. Documents and other information received by these bodies and organizations may also be requested. Legal acts may also be requested that establish the structure, powers, procedure for the formation and activities of these bodies and organizations (clause 1 of article 1).

What to do if the organization does not meet the deadline?

According to paragraph 2 of Article 26 of the Law “On the Prosecutor's Office of the Russian Federation”, prosecutorial authorities do not have the right to interfere in the operational and economic activities of organizations. Therefore, if the prosecutor’s office requires information, the preparation of which requires a significant amount of time and labor, it should be reported that it is impossible to provide the requested information, since its preparation will significantly affect the quality of performance of tasks and functions. Commercial organizations may suffer losses that cannot be compensated by anyone in the future.

At the same time, it is possible to invite officials of the prosecutor’s office to exercise their right to freely enter territories and premises, have access to documents and materials, i.e. arrive at the location of the legal entity to familiarize yourself with the requested information and information.

Request content[]

The request must contain the following information about the requester:

• last name, first name and patronymic (or name of the organization);
• contact information for sending a response to a request or clarifying the content of the request: postal address, telephone and/or fax number, or
• E-mail address.

The request must contain an indication of the body (name of the body) or official (initials and surname and/or position) to whom the request is addressed.

Registration period for a written appeal from citizens according to the law

The settlement of all issues relating to written appeals to executive and state authorities are formulated in Russian legislation within the framework of No. 59-FZ “On the procedure for considering appeals from citizens of the Russian Federation”.
This legislative act also considers provisions regarding a clear definition of the time frame for receiving a response to submitted complaints, applications and proposals, since the infringement of the rights in connection with which citizens file an appeal often cannot be delayed and requires an early resolution.

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The concept of registration period for appeals covers the maximum possible time period during which the appeal must be processed as an incoming document and accepted for consideration. This period is limited by law to 3 days.

Important: in a situation where a document is forwarded to other authorities, registration can occur after the document arrives at the competent authority or official, which can take up to 7 days.

As suggested by the norms of Part 1 of Art. 8 Federal Law No. 59, if a citizen has a need to contact a government agency, municipal body or a certain official competent in terms of considering the problem raised, it is necessary to write a written appeal - a statement, complaint or proposal.

This document is submitted to the reception office of the municipality or government agency, where the person authorized to receive incoming documentation must register the application within no more than 3 working days from the moment of submission by the citizen, as provided for in Part 2 of Art. 8 of this law.

• In a situation where, during the study of the essence of the issue raised in the appeal, it turned out that the problem lies outside the competence of the service, structure or person to whom the citizen addressed, this document must be forwarded to the body competent to consider this issue within a period not exceeding 7 days, as indicated in Part 3 of Art.
  8 Federal Law No. 59. In this case, the citizen who submitted a written appeal must receive notification that his application has been redirected to another structure.
• If the problem raised in the appeal concerns several government bodies or structures at the same time, then within 7 days a copy of the appeal is sent to all authorities, as stated in Part 4 of Art. 8 Federal Law No. 59.
• Questions regarding violations in the field of migration legislation should be considered and redirected in accordance with Part 3.1 of Art. 8 Federal Law No. 59 within a maximum of 5 days to the leadership of the local unit of the internal affairs bodies and the head of the executive branch - the mayor, governor or head of the territorial unit.

Exceptions that make registration of an appeal impossible are situations provided for by the provisions of Part 4 of Art. 11, namely:

• the appeal is written or printed in such a way that it is impossible to understand its essence due to difficulties in understanding individual words and sentences;
• if the complaint, proposal or statement as the reason for the appeal is stated in such a way that it does not allow one to understand the essence of the document and state the citizen’s demands in terms of restoring his rights and freedoms.

If a citizen’s appeal contains a complaint against a state or municipal structure, as well as against an official who committed an action or inaction raised in the paper, and these same persons or bodies must consider this issue, then such an appeal is not accepted in accordance with the norms of Part 7 of Art. 8.

In this case, the citizen is returned a written appeal by hand or by mail with a detailed explanation of the current conflict and a recommendation to go to court to resolve the issue raised.

The law also establishes deadlines for consideration of appeals, after which it is necessary to submit a response about the essence of the problem raised to the person who sent the complaint, application or proposal. The terms of consideration, as well as the terms of registration, are prescribed in the provisions of the law in order to optimize and speed up the restoration of the legitimate rights of citizens and to fight back the dominance of bureaucratic delay.

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As the legislation suggests in Part 1 of Art. 12 Federal Law No. 59, the duration of consideration of the problem raised in a written appeal from a citizen should not exceed 30 days from the moment this document is assigned an incoming number in a municipal or state structure.

If the appeal is submitted to the head of local executive power and concerns a violation of the law on migration, then according to the instructions of Part 1.1 of Art. 12, the consideration period is reduced to 20 days from the date of registration of the application.

The previously cited regulations establish different deadlines for considering citizens’ appeals depending on the content of these appeals. And it should be noted that the deadlines established by these legal acts are much less than the notorious 30 days, which are often considered the approved response period.

1) a request for a list, volume, quality, frequency of services provided and (or) work performed for the maintenance of residential premises - no later than five working days from the date of application (paragraph “a”, paragraph 40 of Rules 491);

2) the requirement to verify the correctness of the calculation of the amount of payment, debt or overpayment for utilities, stated at a personal reception - immediately (paragraph “e”, paragraph 31 of Rules 354). Based on the results of the inspection, the Contractor is obliged to issue the applicant documents containing correctly accrued payments, certified at the request of the applicant with the signature of the manager and the seal of the Contractor;

3) an application for payment of a fine in favor of the consumer for violating the procedure for calculating fees for the maintenance of residential premises - no later than 30 days from the date of receipt of the application, the calculation must be checked and a response must be given about the decision made (Part 12 of Article 156 of the Housing Code of the Russian Federation);

4) an application for payment of a fine in favor of the consumer for violating the procedure for calculating fees for utility services - no later than 30 days from the date of receipt of the application, the calculation must be checked and a response must be given to the applicant (Part 6 of Article 157 of the Housing Code of the Russian Federation);

5) an application to check the condition of individual metering devices, as well as distributors - no more than ten working days from the date of receipt of the application (clause “e(2)”, clause 31 of Rules 354);

6) an application for familiarization with information about the readings of a common house meter - within one working day from the date of application (clause “e”, paragraph 31 of Rules 354);

7) request for information on the readings of common house metering devices for a period of no more than three years - no later than three working days from the date of receipt of the request (paragraph 4, clause 34 of Rules 416);

complaint about the quality of public services - within three working days from the date of receipt of the complaint (subparagraph “k”, paragraph 31 of Rules 354);

9) requests for information for the requested billing periods on the monthly volumes of consumption of utility resources according to the readings of common house metering devices; on the total volumes of utility resources consumed in residential and non-residential premises of the house; on the volumes of utility resources calculated using utility consumption standards - no later than three working days from the date of receipt of the request (paragraph 3, paragraph 34 of Rules 416, paragraph “r”, paragraph 31 of Rules 354);

10) request for a copy of the Act on damage to life, health and property of the owner/user of the apartment building, common property of the owners (description of the damage caused and the circumstances under which such damage was caused) - no later than three working days from the date of receipt of the request (para. .5 clause 34 of Rule 416);

11) request for a copy of the Certificate of violation of quality or exceeding the established duration of the break in the provision of services/performance of work on the maintenance of common property, drawn up in accordance with Rules 491 - no later than three working days from the date of receipt of the request (paragraph 6, clause 34 of Rules 416 );

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12) requests for any information posted by the management organization on signs, bulletin boards in an apartment building, on stands on the premises of the management organization (including: name (company name) of the management organization; license number, license validity period, information about the body that issued the said license ;

address of the location of the MA and its representative office; operating hours, information about days and hours of reception; address of the official website on the Internet (if available); address of the official website of GIS Housing and Communal Services; contact numbers of the management company, its representative offices, email address; emergency dispatch service contact numbers;

contact numbers of emergency services of resource supply organizations; notifications about upcoming work and other events that may cause inconvenience for owners/tenants/users of the premises of the house; notifications about changes in the amount of payment for residential premises and (or) utilities;

step-by-step instructions on the procedure for installing individual metering devices; information on the deadlines for paying fees for residential premises and (or) utilities, the consequences of late and (or) incomplete payment of such fees, on the mandatory and (or) recommended deadlines for transferring readings from individual metering devices to the utility service provider;

information about the State Housing Supervision body (functions, name, address, contact phone number, last name, first name and patronymic (if any) of the head); information on the sizes of prices (tariffs) to be applied when determining the amount of payment for residential premises and (or) utilities, and on the details of regulatory legal acts, decisions of general meetings of owners (if any), by which they are established;

information on standards for the consumption of utility services and standards for the consumption of utility resources for the purpose of maintaining common property; information on the value of the established social norm for the consumption of electrical energy (power) for groups of households and types of residential premises if such a decision is made in a constituent entity of the Russian Federation;

Procedure for consideration of the request[]

The procedure for considering requests for information is similar to the procedure for considering complaints:

• a written request is registered within three days from the date of receipt - that is, no later than day (T+3)
  ; oral requests are registered on the day of application (Part 5 of Article 18);
• if the addressee determines that the request is beyond his competence, then he is obliged to send the request to the appropriate authority within 7 days from the date of registration and notify the applicant; within the same period, the addressee must respond if he does not have information about which body may have the requested information (part 7 of article 18);
• if the volume of information requested exceeds the limit established by the government, then the addressee must, within 7 days from the date of registration, send the applicant a notification about the volume of information, its cost and payment procedure (see below);
• a substantive response must be sent within 30 days from the date of registration; if preparing a response requires more time, then the response period can be increased to 45 days, but the applicant must be notified of this (indicating the reason for the delay) within 7 days from the date of registration (Part 6 of Article 18);

What is the period for consideration of an employee’s application by the employer?

The organization is downsizing, and upon receiving my position, I sent a written request to the manager asking for clarification on the notification issued and the proposed vacant positions. Regarding the time for consideration of the application for dismissal, it is important to submit the document no later than 2 weeks before the intended dismissal. Applications that do not contain the signature of the applicant and (or) an address for a response will not be accepted for consideration. In some cases, the response may be sent in the form of a document (copy, extract from a document), which the applicant needs to receive.

You formulate it in an application if the Labor Code of the Russian Federation does not establish a response time. What is the deadline for responding to an application to people’s appeals? Valentina Alekseevna pro (524), the issue was resolved 6 years ago. How long does it take for the employer to respond to the employee’s application? Time limit for consideration of employee applications 2 responses from a lawyer.

Limitations and Disclaimers[]

The law provides the following grounds for failure to respond to the substance of a request:

• if the requested information was published in the media or posted on the Internet, the response may be limited to indicating the name, release date and number of the media outlet in which the requested information was published, and (or) the email address of the official website on which the requested information is posted information (part 3 of article 19);
• if the requested information relates to restricted access information, the response to the request shall indicate the type, name, number and date of adoption of the act in accordance with which access to this information is limited. If part of the requested information relates to restricted access information, and the rest of the information is publicly available, the state body or local government body is obliged to provide the requested information, with the exception of restricted access information (Part 4 of Article 19);
• if the requested information was previously provided to the applicant (clause 5. part 1 of article 20);
• if the request raises the question of the legal assessment of acts adopted by a state or municipal body, of conducting an analysis of the activities of a state or municipal body, its divisions or subordinate organizations, or of carrying out other analytical work not directly related to the protection of the rights of the applicant [1] (clause 6. Part 1 Article 20).

Time limit for consideration of an employee’s application by the employer

In case of failure to comply with the decision of the labor dispute commission within the prescribed period, the designated commission issues the employee a certificate, which is an executive document. As for the response to the claim, the Russian Labor Code does not regulate this issue, but the response must be given within a reasonable time.

Labor dispute commissions are formed at the initiative of workers (a representative body of workers) and (or) the employer (organization, individual entrepreneur) from an equal number of representatives of workers and the employer. This applies even when we are talking about statements in free form. In addition, we are planning to try to get an audio recording of a conversation with the director and his endless promises to pay everything as soon as the money is available. The amount of damage is determined by market prices in force in the area on the day of compensation for the damage (and not on the day it was caused).

Fee for preparation and forwarding of information[]

Information is provided free of charge if it affects the rights and obligations of the applicant (clause 3, article 21), or its free provision is established by law or other legal act (clause 4, article 21). In other cases, a fee is charged if the volume of information exceeds the amount established by the government of the Russian Federation.

The minimum free volume is established by the “Rules for charging fees for providing information on the activities of state bodies and local governments” (approved by Decree of the Government of the Russian Federation dated October 24, 2011 No. 860):

Free volumes are sent at the expense of the body sending the response (information in electronic form - to the email address specified by the applicant). In other cases, the person applying for information pays for shipping (and for information in electronic form, also the cost of the electronic medium, if the medium was not provided by the person who applied). At the request of the applicant, information (both paper and electronic) can be transferred to him directly at the state or municipal authority.

If the volumes requested by the user require payment, then the authority, within 7 days from the date of registration of the request, is obliged to notify the applicant about the format and volume of information, the cost of making copies, the cost of shipping, as well as the cost of electronic media (if the information is provided in electronic form). At the same time, the information necessary to fill out the payment document and the payment deadline (not exceeding the deadline for responding to the request) are provided.

Deadlines for responding to an employee’s application to the employer allrus news

Legal assistance online - a problem - what is the deadline for the employer to respond to an application. Write() a response to an application to the prosecutor's office that is not related to appealing actions or. What is the deadline for responding to an application to people's appeals? As a general rule, he has the right to terminate an employment contract by notifying the employer in writing no later than two weeks in advance, if different. In Russian legislation there is a rule according to which the employer must tell the subordinate about the vacation period no later than 15 days before it starts. I put the application on the table and he kept it for review.

The specified period begins the next day after the employer receives the employee’s resignation letter. Reinstatement of an employee to work through a judicial procedure, therefore, it is in the interests of the employer to comply with all norms and deadlines for dismissal for various reasons. but, if both the employee and the employer agree, the combination can be formalized. Is it possible to force a school teacher to become an amazing manager? Time limits for consideration of an application for dismissal. In this case, it is necessary to follow one fundamental rule, namely, write information about the applicant in the genitive case. The Labor Code of the Russian Federation has the right to terminate an employment contract by notifying the employer in writing no later than two days in advance.

Peculiarities of consideration of media requests mass media[]

Law of the Russian Federation dated December 27, 1991 No. 2124−I “On the Mass Media” establishes a special procedure for considering requests from the media.

In addition to state and municipal bodies, any organizations and public associations must respond to requests from editors about their activities (Article 38 of the Law on Mass Media).

Refusal to provide the requested information is possible only if it contains state, commercial or other secrets protected by law. The refusal must be delivered to the editorial office within 3 days from the date of receipt

request, that is, no later than day
(T+3)
, and must contain the reasons why the requested information cannot be separated from a secret protected by law, an indication of the person who made the decision to refuse, and the date of the decision (Part 1 of Art. 40 of the Law on Media).

The law does not carefully formulate the rule regarding the deadline for providing information. The letter of the law provides for two time points (Part 2 of Article 40 of the Law on Mass Media):

• within three days from the date of receipt of
  the editor’s request, a notice of delay in the provision of information is given if the information cannot be provided within 7 days; the notification must include an indication of the reasons for the impossibility of fulfilling the request within 7 days, the deadline for providing information, an indication of the person who made the decision to defer, and the date the decision was made;
• Actually, seven days from the date of receipt
  of the request is the normal period for responding to the request.

Thus, the law on mass media does not contain a maximum value for deferring the provision of information, however, for state and municipal bodies in accordance with Part 3 of Art. 38 of the law on the media, the provisions of the Federal Law of 02/09/2009 No. 8-FZ “On ensuring access to information about the activities of state bodies and local governments” apply.

Time limit for consideration of applications by the employer; time limit for consideration

How long does it take for an employer to respond to an employee’s application? I can say more: I always have the program window open while I’m working, and I constantly seek advice. This will reduce the risk of abuse by financially responsible persons, including cases of fraud, which are criminal offenses. How long does it take for an employer to respond to an employee’s application?

This appeal may indicate a demand or request to perform the desired action. 2 comments on the deadline for the employer to respond to the employee’s application. Time limits for consideration of a written appeal by the employer. One of the issues that interests every employee is the time frame for consideration of the employee’s application by the employer. And if yes, then in what time frame, under what law.

employment date

Every person has the right to choose their own workplace. Therefore, it is not unusual that one day an employee needs to submit a resignation letter in order to move to another job. Here you need not only to draw up the document correctly, but also to provide it to your boss in advance.

The time frame for consideration of an application for dismissal is established by the labor legislation of the Russian Federation. If a company employee decides to permanently leave the workplace of his own free will, he must notify his boss two weeks before the expected date of dismissal. There are some exceptions to this, but they depend on specific situations.

An application for dismissal is created in any form, but without fail, taking into account all the rules for drawing up documents of this type. It is important to provide the employer with a written version of the application. Things are not decided by words.

The application is drawn up in the name of your immediate supervisor or the head of a department or company, depending on the requirements of the company’s internal regulations. There are no special restrictions in drawing up the document. It can be written by hand or printed on a computer.