Damaged goods, poor service, insufficiently professional work or rude attitude of the staff... Unfortunately, most of us face one or another violation of consumer rights. In any organization that provides services or goods to the public, the client must be provided with a “Book of Complaints and Suggestions” to express all complaints. How to write a complaint correctly? What information must a claim contain? Can feedback from a dissatisfied customer have a positive impact on the quality of service or services provided?
“Book of complaints”: what does the consumer need to know?
The modern name of this document is “Book of Reviews and Suggestions.” Almost any public structure or organization is required to conduct it: from a tiny kiosk to a Sberbank branch. Not only a complaint can be left in this document. In the “Book of Complaints and Suggestions” you can also express gratitude to the organization or individual employees. Various proposals for improving the organization’s performance should also be written here. The “Book of Reviews and Suggestions” is kept in a single copy in the organization. You can replace a document with a new one when the current one runs out of blank pages.
Access to the “Book of Complaints” must be provided to any client of the organization upon request. The consumer is not obliged to explain why the complaint book is required. He must not present any documents to company employees. In addition, it is the responsibility of the administration to provide the client with the necessary conditions for filling out the document: a place to sit comfortably and writing materials. A review, gratitude or complaint in the “Book of Complaints and Suggestions” is a subject for study not only by the company administration. Inspection organizations, for example, the Rospotrebnadzor inspection, read these records along with product quality certificates and other documentation.
How should the complaint book be formatted externally?
Most organizations maintain a “Book of Reviews and Suggestions” made in a printing house. But there is no strict requirement in the law on this matter. That is, it is not necessary to have a complaint book in the company on ready-made printed forms. At the same time, the law establishes a number of requirements for the preparation of such a document as the “Book of Complaints and Suggestions”:
- There must be an inscription “Book of reviews and suggestions” on the title page.
- The book must be bound and numbered, certified with the company seal.
- The first page of the document contains important information: the legal address of the organization and contact numbers of managers, information about responsible and controlling institutions.
- The book must be placed in a place accessible to consumers, along with other required documents. Most often this is a stand called “Consumer Corner”.
If the “Book of Reviews” does not meet all the requirements, then this is not only a gross violation of consumer rights, but may also be a reason to contact Rospotrebnadzor with an application to conduct an appropriate inspection.
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.
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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:
- Be confident in your decision.
- Don't be afraid of getting fired. After all, why would you work with a bad company?
- 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.
What to do if an organization refuses to provide a “Book of Reviews and Suggestions”?
Refusal to provide a book is a gross violation of the client’s legal rights. In such cases, the consumer has the right not only to file a complaint with the inspection authorities, but also to call the police. If, for some reason, an organization temporarily does not have a “Book of Complaints and Suggestions,” how to file a claim in this case? To compile it, the client is required to provide two sheets of paper for writing and stationery. A person can submit a complaint against them in 2 copies, one of which will be left with the organization, and the second, with a note of delivery, will be kept by the originator.
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.
How to write a review in the “Book of Reviews and Suggestions”?
Of course, the client has the right to leave any entry in the book. But if he writes a complaint or review about the work of the organization in order to influence the quality of service and restore the violated rights of the consumer, then the complaint in the “Book of Complaints and Suggestions” must be formalized correctly. Only in this case will the claim have the proper effect. Are there specific requirements in accordance with which the “Book of Complaints and Suggestions” is filled out? How to file a complaint or review correctly?
For ease of completion, some organizations create a template on the first page in accordance with which you can leave a review. But if the “Book of Complaints and Suggestions” does not contain a sample form, then the complaint is written indicating the following information:
- Date (day, month, year) the complaint was written. It would also be useful to indicate the time of compilation.
- FULL NAME. and consumer contact information. This information should be indicated if you plan to receive a response from the administration to the complaint. If such a response is not mandatory, no one has the right to force the client to provide his data.
- FULL NAME. and the position of the employee whose actions gave rise to the complaint. This information is available on the employee’s name card (badge).
- A detailed description of the essence of the problem for which the complaint is being made. It is best if everything written is supported by reference to articles of law.
- If necessary, the client's requirements are stated, indicating the time frame within which measures must be taken.
- Signature and transcript of the signature of the originator of the complaint.
How to write a document correctly
The standard form for writing a complaint has not been approved, so it is drawn up in any form.
In this case, the document must contain certain information:
- The so-called “header” is placed in the upper right corner of the sheet. This part indicates: the full name of the institution where the document is sent, the full name and position of the director, since it is necessary to contact him, and the personal data of the person filing the complaint. If we are talking about a collective appeal, information about the person representing the entire team is specified;
- the name of the document is written in the middle of the sheet - “Complaint”;
- The “body” of the document contains the following information: the full name of the employer, its organizational and legal form, the reason for the application is specified, and the offenses committed by the employee are listed, the date of the violations. In addition, information that is directly related to the current situation is indicated;
- demands are listed - to stop the development of a conflict situation, take legal measures, etc.;
- the appendix lists copies of documents that confirm the facts stated in the complaint;
- Next, the date of the appeal is recorded, and the signatures of the applicant or applicants are affixed (if we are talking about a collective complaint).
Recommendations for filing a complaint
Correctly stating the problem or the essence of the conflict situation, the occurrence of which was the reason for writing the review, is just as important as indicating the necessary information. There are several simple recommendations on how to correctly leave a review in the “Book of Complaints and Suggestions”:
- When writing text, it is best to adhere to a calm, formal tone. Whatever emotions the reviewer experiences, they should not be expressed in the text. Sarcasm, obscene words, insults addressed to someone, metaphors or attempts to joke will be unnecessary. Otherwise, unnecessary emotionality can do more harm than good.
- If possible, the complaint should be stated briefly.
- The claim must indicate as many facts as possible, preferably supported by evidence: sales receipt number, availability of a recording of a conversation with an employee of the organization, etc.
- We need proper text. A large number of errors can negatively affect the resolution of the complaint.
- Correctly and clearly stated requirements for eliminating the problem. It is customary to begin the main text with the words “Please...” or “I ask you...”. If the requirements are obvious or there is no specific request, you can limit yourself to the phrase “Please take action.”
Possible liability
Quite often you can find boors not only among ordinary workers, but also among immediate superiors. This could be the head of the department, foreman, foreman, etc.
There is a not very pleasant trend: the higher the boss is, the more unpleasant actions he can afford. To put up with such behavior means to stop respecting yourself. Not every person likes to complain, but this is not the case. You must always defend your honor and dignity.
Important! If the complaint is reviewed and they agree that decisive action needs to be taken, the following penalties will most likely be used:
- will issue a verbal reprimand and promise further consequences;
- they will issue a reprimand “with entry into your personal file”;
- bonus payments will be deprived. By the way, many employees consider this punishment more serious than a reprimand;
- will be removed from their position;
- they will fire you from your job and make a not very pleasant entry in your work book. Although often in this case they write “dismissed at his own request.”
Sometimes people don’t even imagine what can be achieved with their boorish behavior in the workplace. For such actions, the employee faces:
- civil liability. In this case, he will have to compensate for moral damage. The injured employee, according to paragraph 1 of Art. 152 of the Civil Code of the Russian Federation, may go to court in order to protect his reputation. According to clause 3.7 of Art. 152 the offender will have to make a public apology. In addition, monetary compensation for moral damage is possible (Article 150 and Article 151 of the Civil Code of the Russian Federation);
- criminal liability. Penalty measures in this case are provided for in Art. 130 of the Civil Code of the Russian Federation “Insult”;
- administrative responsibility. It is regulated by clause 5 of Art. 5.61 and is called “Insult”.
Please note! Sometimes people don't see the difference between slander and insult. But in fact, these are completely different concepts, and such acts are punished differently.
There is a fine for inappropriate treatment of employees. Such punishment can be incurred by both individuals and legal entities (Article 5.61 of the Code of Administrative Offenses of the Russian Federation).
The size of the fine depends on the category to which the perpetrator belongs:
- ordinary employee - from 1000 to 5000 rubles;
- executives - from 10,000 to 50,000 rubles.
The amount of the fine depends on the specific situation and is determined by the court.
Many have encountered situations where the boss and the boorish employee are relatives or friends. Most likely, their behavior is explained by a feeling of permissiveness. Often in groups, a person who is unpleasant in all respects gets “turned on.” It is clear that filing a complaint with management is useless.
Gratitude
Not only claims and complaints, but also thank-you notes in the book can have a positive impact on the quality of service and the level of work of the organization. A good review can be a great incentive for managers and employees to continue to perform at a high level. Gratitude is filled out using the same template. But the text will indicate the positive aspects that the client liked. For example, many nuances can be noted: a cozy atmosphere, high quality of services or products, professionalism and politeness of employees.
You can separately select one or more employees by indicating their names and positions. You can end your gratitude with a request to encourage the team of the organization or a specific employee.
Where to complain about the inaction of the administration
If, after the expiration of the period established by law for consideration of the complaint, a response from the city administration has not been received, the applicant has the right to appeal to other authorities.
You can submit a complaint about the inaction of the administration:
- the head of the municipality (sample complaint here). Such treatment does not always bring the desired result, but in some situations it can help resolve the problem;
- to the prosecutor's office (sample complaint here). The employees of this body are entrusted with the functions of supervision and protection of compliance with constitutional rights and the legality of actions performed by employees of the municipal government;
- If it was not possible to resolve the situation pre-trial, the complainant has the right to file an application with the court (a sample claim is here).
Response to consumer complaint
The law sets deadlines for considering a review in a book and responding to a complaint. From the moment the complaint is filed, the organization’s management has two days to analyze it. Within five days from the date of filing the complaint, the administration is obliged to:
- Take measures to eliminate all deficiencies specified in the complaint. In exceptional cases, this period may be extended to two weeks.
- Leave a response in the “Book of Complaints and Suggestions” indicating the measures taken in connection with the complaint. If the address of the originator is available, the management of the organization is also obliged to send a response in writing.
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.
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The concept and types of disciplinary offenses
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.
Unified book of complaints - what is it?
In the modern world, the most effective and common way to convey information is to leave a review on the Internet. Taking this into account, an information portal “Unified Book of Complaints and Suggestions” was created in the Russian capital, and then in other cities of our country. By registering on the website of their region, each resident can make proposals to improve the quality of life in their locality or region, and leave a complaint about problems existing in any area.
The great advantage of this method of feedback is the opportunity to attract attention to the problem of both authorities and a large number of concerned citizens. In addition, you can receive a response to your region’s “Unified Book of Complaints and Suggestions” much faster. And without leaving home. For the convenience of residents, today for some portals, for example, for the “Unified Book of Complaints and Suggestions of the Moscow Region,” you can purchase and install a special application on your mobile phone.
Ways to file a complaint
This can be done:
- in person or by mail;
- using an authorized representative or notary.
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When choosing a method for filing a complaint, we take into account:
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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.