How to write a job application - sample 2021 - 2021

Cases in which a claim to the employer is required

An employee whose rights have been violated by the employer has the right to protect them by any legal means.
For example, immediately contact the prosecutor's office, labor inspectorate or court. Such employees are not required by law to take measures to peacefully resolve disagreements, including first submitting a claim to the employer. The direction of this document makes sense if:

• there are chances that the controversial situation will be resolved without going to court or government agencies, which means that the employee will get what he wants faster;
• Additional written evidence is needed to go to court - for example, when it is planned to prove the existence of an employment relationship.

Most often, former employees file a complaint, but current employees can also do so. The employer has many responsibilities, and improper performance or failure to perform any of them may be the basis for a claim. For example:

• failure to issue personal protective equipment;
• groundless disciplinary action;
• involvement in overtime work without due compensation;
• illegal assignment on a business trip;
• failure to fulfill the obligation to transfer insurance premiums;
• failure to provide legal leave, etc.

The most common claims are filed in connection with illegal dismissal, non-issuance of a work book, non-payment of funds due to the employee (salaries, regional allowances, etc.).

What about "working off"

By agreement of the parties, the mandatory 2-week period given to warn the employer and select a new specialist for the vacant position may be reduced. In some cases, the employer is required to terminate the contract within the period specified in the employee’s application. For example, if an employee is enrolled in an educational organization, formalizes retirement, or in the event of an established violation by the employer of labor laws or local regulations.

Do not neglect the opportunity to talk with management about early termination of contractual obligations. The employer has the right to fire without requiring a two-week wait. Article 77 of the Labor Code allows the contract to be terminated by agreement of both parties at any time.

Deadlines for filing a complaint with an employer

Before writing a claim, you should check whether the deadline for filing claims against the employer in court has not expired (Article 392 of the Labor Code of the Russian Federation):

• 3 months from the moment the employee learned or, due to objective circumstances, should have learned that his right was violated (period for most disputes);
• 1 month from the moment the employee received the dismissal order or work record book (period for disputes regarding the legality of dismissal);
• 1 year from the date of payment of wages and other payments (period for disputes about non-payment of funds due to the employee, including upon dismissal).

Missing these deadlines in itself does not deprive the employee of the right to file a claim with the employer and go to court. Moreover, the court will be obliged to consider the dispute on its merits, unless the interested party (employer) declares that the statute of limitations has expired (Article 199 of the Civil Code of the Russian Federation).

It is also possible to restore the period if the employee had valid reasons for missing it (for example, long-term disability). If the court grants the petition to restore the deadline for filing claims, then the employer’s arguments about the expiration of the statute of limitations will not be taken into account.

Filing a claim after the statute of limitations on the dispute has expired reduces the chances of the employer voluntarily satisfying the employee’s demands, but does not exclude them. In any case, you should not mention claims about missing a deadline in the text and describe the prospects for its restoration.

Application from a minor

Article 63 of the Labor Code of the Russian Federation is devoted to the peculiarities of concluding employment contracts with minors; it determines the age at which it is permitted to conclude such agreements.

• Teenagers who have reached the age of 16 have the right to sign employment agreements on their own, which means they write an employment application on their own, similar to the standard version for adult workers.
• A 15-year-old child who has graduated from school early or is continuing his studies is allowed to independently apply for a job, but only if he performs light work that does not cause harm to health or damage to his studies.
• From the age of 14, a child who is studying at school is allowed to work in his free time only with the permission of one of the parents and the guardianship and trusteeship authority.
• Children under 14 years of age are recruited only to work in cinema, theater or participate in sports competitions, subject to the consent of the parent (guardian) and the guardianship authority. Athletes require a medical examination. If the child is under 14 years of age, the employment contract is signed for him by the parent, and the parent also submits a request for employment.

In accordance with the law, children under 15 years of age require the consent of their parents and guardianship authorities to be employed. In this case, the admission document from the applicant differs from the standard one. The parent or guardian expresses his consent both in the form of a separate document (it is called “Consent”), and in the form of an addition to the application. Here are 2 examples of writing an application for admission of a minor, including parental consent:

• from a teenager 14 years old - the document is supplemented with parental consent;
• from the parent of a child under 14 years of age.

The text in the first case looks like this:

Please hire me at Kamelia LLC for the position of assistant secretary for the summer holidays from July 1, 2021 to August 31, 2021

(date, signature, transcript)

I, Irina Borisovna Morozova, agree to employ my daughter, Tatyana Ivanovna Morozova, at Kamelia LLC for the position of assistant secretary for the summer holidays from July 1, 2021 to August 31, 2020. I am familiar with the internal labor regulations, the child’s job responsibilities and working conditions.

(date, signature, transcript)

In the second case:

I ask you to accept my son, Yuri Viktorovich Maltsev, at Cinema LLC as a supporting actor from April 17, 2021. I am familiar with the internal labor regulations, the child’s job responsibilities and working conditions. I give my consent to the employment of my son, Yuri Viktorovich Maltsev, at Cinema LLC as a supporting actor to perform light work that does not interfere with learning and does not harm health.

(date, signature, transcript)

Contents of a letter of complaint to an employer

There are no requirements for claims established by law, so you can make an appeal in free form. The writing style is official. It is customary to include the following information in a claim:

• full name of the addressee employer, full name of the manager;
• position (indicating the structural unit) and full name of the employee from whom the document originates;
• name of the document (claim);
• an indication of the existence of a past or present employment relationship (link to the employment contract);
• description of violations of employee rights, supported by references to legal norms (labor/collective agreement, local regulations) establishing the relevant responsibilities of the employer;
• specific employee requirements and the deadline for their satisfaction;
• an indication of the intention to go to court;
• date and signature of the employee.

IMPORTANT! In a claim for the payment of wages, you can demand not only its amount, but also interest (compensation) for the delay in its payment. Their size cannot be less than 1/150 of the key rate of the Central Bank of the Russian Federation of amounts not paid on time for each day of delay (Article 236 of the Labor Code of the Russian Federation).

A complaint against an employer can be either individual or collective.

A sample complaint to the employer (for non-payment of wages upon dismissal) can be viewed on our website.

Who signs the application

The document, in addition to the applicant himself, is signed by the manager in whose name it was drawn up. An indication of the execution of the document is drawn up on the same paper in the form of a written resolution. This inscription is usually located in the upper left corner of the sheet.

The manager sums it up with one phrase and leaves it on the document. For example,:

• "recruit";
• "design";
• "to order";
• “I don’t mind”;
• “to the HR department in accordance with the established procedure.”

The director puts a signature and date next to the resolution.

For an employee, the director’s mark and signature on the application serves as a guarantee of employment and protection against unreasonable refusal to hire for a position. Although this document, we repeat, does not formally have legal force, the employment relationship is determined by the employment contract and order.

This option with the manager’s resolution will be useful as a sample:

Rules for notifying an employer about suspension of work

If an employer does not pay wages to an existing (not dismissed) employee, then usually not a claim is filed, but a notice of suspension of work (Article 142 of the Labor Code of the Russian Federation). By submitting such a document, the employee can be legally absent from the workplace, and the employer will be obliged to pay the average salary for this time.

To avoid being fired for absenteeism, an employee must:

• make sure that his job duties do not relate to those listed in Art. 142 of the Labor Code of the Russian Federation for types of work, the suspension of which is not allowed (for example, work in an ambulance);
• make sure that the non-payment of wages (other payments) occurs for more than 15 days and there are documents establishing the employer’s obligation to make payments within a certain period;
• send the notice in such a way that there is clear confirmation of its receipt by the employer.

It should also be borne in mind that on the next working day after the employer’s written notification of readiness to pay the debt, the employee is obliged to go to work.

An example of a notice of suspension of work can be found on our portal.

Results

An application for hiring a new employee serves as an additional basis for issuing an order, which contains information about the position held and the beginning of the performance of labor duties. As required by law (Article 68 of the Labor Code of the Russian Federation), the employee must be familiarized with the order against receipt no later than 3 days from the date of employment.

What requirements must be observed when applying for a job for a foreigner, read the article “Hiring foreign citizens (nuances).”

Sources:

• Labor Code of the Russian Federation
• Federal Law of July 27, 2004 No. 79-FZ
• Federal Law of March 2, 2007 No. 25-FZ

You can find more complete information on the topic in ConsultantPlus. Free trial access to the system for 2 days.

Recommended ways to send written requests to the employer

It is advisable to submit any written appeals to the employer, including claims and notices of suspension of work, so that the employee has evidence of their delivery or at least sending to the employer.

Judicial practice on this issue is ambiguous. Thus, the Penza Regional Court considered that there is not enough evidence of sending a notice of suspension of work - what is needed is confirmation of its receipt by the employer (appeal ruling dated April 28, 2015 No. 33-1153/2015). That's why:

1. If the document is sent by mail, it is necessary to make an inventory of the attachment. Type of shipment: registered letter with acknowledgment of receipt. Before taking action (in particular, not going to work), it is better to wait for the notification with a receipt. We recommend sending your application to all known addresses of the employer - official (contained in the Unified State Register of Legal Entities), postal, actual.
2. If you submit an appeal, you must personally contact the person whose official duties include receiving and registering incoming correspondence (for example, a document support service employee), or personally the head of the company. You should make a copy of the claim in advance. On it, the employer’s representative must put a mark of acceptance indicating the date, his full name and signature.

In what form should the application be submitted?

In most cases, the application is submitted in writing or printed on A4 sheet .
It is important to take into account that even if the application is typed on a computer and printed, it must have a “living” signature on it. Without it, the document is considered invalid.

In certain cases, in particular when submitting documents for a foreign passport, registering an individual entrepreneur, obtaining a loan, as well as when performing other similar actions, the application must be written on a special form . Otherwise, it will not be considered.

Design features

The form of the application is not specified by law. However, any type of document is compiled more or less the same way. It must contain the following mandatory details:

• Title of the document (“Application for...”).
• Date of preparation.
• Registration number.
• Information about the recipient: name, address, etc.
• Information about the applicant: full name, address, position, telephone.

The application must also meet the general requirements:

• The text can be composed either by hand or using a PC.
• If this is a written application, there must be a handwritten signature.
• The text must be written with a pen with the same ink.
• Errors, blots, corrections and strikeouts are excluded.
• The text is in a business style. Slang and obscenities, excessive emotionality are excluded.

When writing your application, you should be concise. However, the text should not be abstract. Everything should be clear from it. Formulations that can be interpreted in two ways should not be allowed.