Sample complaint about a work colleague. How to properly complain about a colleague

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.

How can you complain about your boss to Rostrud?

– using electronic communication means:

1) using the Internet resource “Online Inspection”.

This resource allows the applicant to do the following:

– transmit information about the problem https://onalininspektsiya.rf/problems

– complain about the inspector https://onalininspektsiya.rf/complains.

– make an appointment for a personal appointment with the inspector https://onalininspektsiya.rf/appointments.

What actions must be taken to submit a complaint against your boss using the “online inspection” service?

1. Depending on the desired actions, select one of the links and follow it to a new page.
2. Decide on the proposed topics of the application, for example, dismissal, occupational safety, etc.
3. Clearly state the purpose of filing a claim, for example , bringing the perpetrators to justice, organizing and conducting an unscheduled inspection, etc.
4. Continue creating a complaint using the links provided.

2) Using the electronic “Public Reception”

This service makes it possible to submit an application for organizing and conducting an audit of the boss’s work, when there is no certainty in the situation stated in the application, determining the facts of violations and the subsequent imposition of administrative liability.

But not everyone can use this service, but only those who are registered on the government services portal (clause 3 of Article 10 of the Federal Law of December 26, 2008 No. 294-FZ). The application will be considered and accepted only after the author of the complaint is authorized in the electronic authentication and identification system. Completing the registration procedure in this system allows you to create an account on the website for the provision of public services.

Having logged in to the Unified Identification and Identification System (USIA) system, the user will then need to enter a number of data:

1) What is the topic of the appeal.

2) Directly, the text of the complaint itself.

3) The name of the enterprise (firm), its address, both legal and actual, EGAIS number.

4) Last name, first name and patronymic, postal and email addresses of the author of the complaint.

5) Name of the position, specialty of the applicant.

6) Information about the boss about whom the complaint was written.

– on a personal visit, contacting Rostrud employees.

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.

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.

This is also important to know:
How the labor rights of workers are protected under labor law

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.

Government agencies to which you can file a complaint against your boss

1. The federal-level service for control and supervision of human well-being and consumer rights protection (Rospotrebnadzor) is a structure of sanitary and epidemiological supervision operating within the borders of our state.
2. Medical and biological agency at the federal level (Gossanepidnadzor).

3 Prosecutor's Office (Federal Law No. 2202-1-FZ dated January 17, 1992).

1. Court. Complaints are sent to the court with demands for compensation for moral damage and material harm as a result of the unlawful actions of the boss, with subsequent prosecution (administrative, criminal).

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.

This is also important to know:
Liability for delayed payment of wages

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.

How to write a collective complaint

When filing a complaint from a team of employees, you must adhere to the following rules:

• Before composing such an appeal, talk to people, clarify everyone’s opinion, and determine a common position;
• ask everyone who wants to send a complaint their contact information, which may be needed in the process of drawing up the document or transmitting it to the administration;
• There is no need for everyone to come up with the text of the complaint together. It is enough for one person to do this. After writing it, he simply shows the text to everyone and listens to their comments and wishes;

In collective address, only the pronouns “we” and “us” should be used.

• You should not express your thoughts and requirements in too much detail. The text should be clear and concise. The fact is that a large letter can “discourage” people from studying it, and it will remain unexamined;
• the complaint consists not only of descriptions of specific facts, it must indicate the requirements put forward to the administration;
• specify what legal norms you are referring to when drawing up your appeal (if any);
• the appeal is accompanied by a separate sheet with the signatures of all employees who were interested in writing a complaint;
• Be sure to write down the return address and contact telephone number of the team representative who is filing the complaint on behalf of the group of employees.

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.

What complaints will be considered by the court?

In court, complaints are considered if the employee’s actions fall under the article admin. or the criminal code.

You can send a complaint to the court in the following cases:

• if there are facts of sexual harassment (Article 133 of the Criminal Code of the Russian Federation);
• when an insult to human dignity is publicly committed (Article 5.61 of the Code of Administrative Offenses of the Russian Federation);
• the employee intentionally acted in a manner that resulted in the disciplinary action or termination of another employee. In this case, the offense is charged depending on the severity of the crime.

Note! You should not show your emotions and feelings in the text of the complaint. State the essence of the matter clearly and clearly.

Support your complaint with evidence such as video or audio recordings, documents, etc.

Ways to file a complaint

This can be done:

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

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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.

This is also important to know:
How to file a complaint with your employer

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.

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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.

This is also important to know:
The concept and types of disciplinary offenses

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.