A petition from a place of work can be useful in such cases as the desire to get a ticket to kindergarten out of turn, to postpone the date of taking an exam, to move into official housing, to influence the decision of a judge when considering a case, etc. (that is, it can be submitted to the justice authorities, police, prosecutor's office, etc.). Files in .DOC: Application form from the place of workSample application from the place of work
The described reasons are not regulated by law, so we can say that this document is conditional. Its task is to convince an official of any institution of the positive behavior and character of the person who is the “protagonist” of the petition.
So, let's look at what parts this document must contain in order to submit it to the court and how it should be drawn up correctly by the employer, authorized employee, department head or initiator of the petition (a group of employees, for example).
What can you write about an employee?
- About the positive qualities of the employee (you can write about his punctuality, non-conflict, willingness to take patronage over young specialists).
- What is his work experience?
- What the employee managed to do for the organization during the entire period of work. You can list projects that have achieved success, indicate, for example, the number of accidents prevented, in general, tell how important the employee is to the company.
- How highly his colleagues, superiors and subordinates value him.
- About marital status, how long have you been married?
It is important to present the employee as a law-abiding citizen. It can also be noted that an explanatory conversation will be held with him.
Attention! The document must be certified with the seal and signatures of the manager and/or employer. It is also advisable to register the application at the enterprise in a journal specially designed for this purpose.
Letter requesting payment for another organization
The company's debt may be paid by another organization. Of course, a legal entity will not pay for shares just like that. Typically the request letter is sent to a debtor of the company or another person who has obligations to the company.
To the Chief Ivanov I.I. From the Chief Sidorov P.P.
Dear Ivan Ivanovich, you have a debt to our company in the amount of 300,000 rubles. Our organization also had a debt to another company in the amount of 200,000 rubles. We ask you to pay our debt to the creditor in the amount of 200,000 rubles. In return, we will provide you with an installment plan for the balance of the debt, which you previously requested. Thanks for understanding.
Best regards, Petr Petrovich.
Submission and review of the document
You can submit the paper to the court clerk, who will register it and then hand it over to the judge. You can send the document by registered mail with notification of receipt and a list of all attachments. But this method is less advantageous, since the letter may not reach its addressee on time and the decision will already be made by the court.
The court, when considering a sentence, may take such a request into account. It can influence the decision, especially if the reasons for mitigating the sentence are compelling. But you should not be completely confident in the positive outcome of the case; you need to independently assess the severity of the employee’s offense and assume how the court will react to such a document.
Sometimes, in difficult situations, a petition from the place of work may influence the decision-making process. The document itself is more of a conditional paper. There is no specific template for its preparation, but you will still have to follow some rules.
- Purpose of writing
- How to compose correctly
- Writing procedure
How to fire someone for absenteeism
If you don’t believe the employee’s excuses, you can fire him for absenteeism - according to paragraphs. a) clause 6, part 1, art. 81 of the Labor Code.
Absenteeism is not only when an employee overslept and was four hours late or did not show up at all. The Supreme Court also considers the following situations to be absenteeism:
- The employee wrote a statement on his own, but did not work for two weeks, and for a temporary contract or on a probationary period - three days. Except in cases where the employer let you go without working.
- The employee went on vacation unscheduled or took time off without an application - clause 39 of Plenum Resolution No. 2.
For remote workers, absence from contact for more than two days is also considered absenteeism. But we need to look at how, according to the employment contract, we agreed to call and write off. If the connection is via zoom, and the employee is offline for two days, this is absenteeism - Art. 312.3, 312.8 Labor Code of the Russian Federation.
A pregnant woman cannot be fired for absenteeism. Even if the employer was not aware of the provision. But a woman can be reprimanded and deprived of her bonus; there is no prohibition here - Art. 261 Labor Code of the Russian Federation, Determination of the Supreme Court No. 18-KG14-148.
For dismissing a pregnant woman, business owners may even be subject to a criminal case under Art. 145 of the Criminal Code of the Russian Federation.
An employee under 18 years of age can be dismissed for absenteeism only with the consent of the commission on minors’ affairs - Art. 269 Labor Code of the Russian Federation.
To fire someone for absenteeism, you need to fill out the paperwork and follow the procedure from Art. 193 Labor Code of the Russian Federation:
1. On the day of absenteeism, they draw up an absence from work report or write a memo. If an employee does not work for several days, a report or note is drawn up for each day.
Example of an absence from work report
2. The employee is asked for a written explanation.
Example of an explanatory note request
The request is delivered against signature or sent to your home address. They wait two working days for the explanatory note, then they issue an act of refusal.
❗ You cannot ask for an explanatory note while the employee is on sick leave; you must wait until the sheet is closed. Otherwise, the court will cancel the dismissal - Ruling of the Supreme Court No. 69-KG20-3.
3. Next, an order is issued to impose a disciplinary sanction in the form of dismissal.
Unified form of dismissal order No. T-8
The order is issued no later than a month from the date of detection of truancy and six months from the date of the truancy itself. The day of detection - when the employee’s immediate superior found out about absenteeism, and this is not necessarily the owner of the business - clause 34 of Plenum Resolution No. 2.
❗ Days of sick leave and vacation do not count towards the monthly period. Therefore, in reality, it may turn out that the deadline for dismissal for absenteeism will be greatly delayed.
4. The employee is introduced to the dismissal order - against signature. There are three days for this. If the employee does not want to sign the order, they call witnesses and write a statement of refusal.
The day of the order is the last working day of the dismissed person. On this day, he is given a work book, the rest of his salary and compensation for unused vacation.
Article: How to calculate vacation compensation
