We are all human and are often dissatisfied with something - simply with the weather, but here we are powerless, with a dirty entrance, a “bad” boss, neighbors, in the end. It happens that our indignation and indignation about this remains undivided and misunderstood, purely subjective. However, sometimes such cases are widespread, and here the question arises of how to write a collective complaint. You will find a sample and some recommendations on this matter in the article, as well as information on where to submit it.
Collective complaint - defending our rights
It is difficult to say what is better, individual or group appeal to the relevant structures. A collective complaint is often written after a person has already made a personal complaint, but it was not taken seriously or responded to properly. If the number of victims is from unscrupulous sellers, manufacturers of various goods, persons providing certain services, employers, etc. If at least two people enter, then by cooperating you can safely write an appeal.
The main advantage of this form of protection of rights is that it is possible to collect in one document what is called “all in a bunch”, for example, when the first person did not receive additional salary, the second was not given overtime, the third was denied leave, etc. The downside is almost the same. For example, such a collective complaint against a manager will entail a very narrow inspection by supervisory authorities on individual facts; it is no secret that they are often carried out simply to give an answer to the people who applied. If the matter is serious and the issue may later escalate into litigation, keep in mind that claims will need to be filed individually. Therefore, it is worth thinking about what effect you expect from your appeal and how far you are ready to go.
Where to submit the document: submission procedure
Today, the Constitution of the Russian Federation enshrines an unshakable rule on the possibility of collective appeals of citizens to various authorities. But circumstances do not always require this, because any legal entity serving the population has a controlling or supervisory body:
- A collective letter about rowdy behavior by noisy neighbors can be submitted to the local police officer (formerly the police). Silence in an apartment building is an important indicator, which is why systematic violations of this indicator do not allow such inconveniences to be ignored.
- Residents can submit a request for repairs in the morning or evening to the management company. Such an appeal will be especially effective if employees of the service organization itself or its contractors are making home repairs (replacing heating systems, for example).
- Write an application for suspicion of fraud on the part of the same management company to the Housing Inspectorate or the Prosecutor's Office. In addition to conducting an inspection, the supervisory authority will transfer the case to its jurisdiction to initiate a criminal case and the process of bringing the leaders of such an organization to punishment.
- A complaint about the employer’s illegal actions regarding massive non-payment of wages or dismissals of workers is written to the State Labor Inspectorate or the Prosecutor’s Office. Among the illegal actions of employers is systematic withdrawal from annual paid leave without providing time off. It is not worth asking your work colleagues to simply join “for the sake of numbers”, otherwise it will be recognized that the petition was submitted in violation of the requirements for such requests. When children's rights are violated, for example, by kindergarten teachers, parents can complain to the management of the preschool institution or to the education department.
There is even the concept of a class action, which can be considered in administrative proceedings. But such a document has its own form, which is subject to the general procedural framework. If people collectively complained before filing a claim, then we can talk about compliance with the correct claim procedure for a dispute that could not be resolved peacefully. This does not mean a mitigation of the punishment for the offender, but closes the issue of compliance with the legal process.
If the prosecutor’s office of a city or region only received replies, then you can safely appeal such refusals to the authorities of the Prosecutor General’s Office. Complaints are also filed here about the inaction of the regional administration, for example, when laying or repairing roads.
There are two ways to submit such an application:
- through a personal reception (you can contact the secretariat or the registration department of the administrative body, you can also make an appointment with an official);
- draw up a registered letter with registered notice.
Using the first method is much more reliable. However, you will need to make a second copy (without signature sheets) to put the incoming registration number. Complaint forms are more difficult to find on the Internet than to look at a sample.
Claim structure
Any collective complaint (to the prosecutor's office, local authorities, court, labor inspectorate, etc.) is written on the basis of the so-called skeleton, common to all. It consists of the following elements:
- “cap” indicating the addressee’s details and communication methods (telephone, email, postal address);
- an introduction revealing the connection of the persons filing the complaint with the violator and the reason for the appeal;
- the main part - list the facts of violations with evidence and links to legislation;
- in conclusion, put forward your demands, requests; in particular, that the situation be analyzed, assessed properly, and the violated rights restored.
Submission methods
Knowing how to write a collective complaint (sample below), do not forget to think about how to submit it. This can be done in the following ways:
- personally;
- by mail with a notification letter;
- through a form on the organization’s website;
- in any other way if the regulations of the relevant organization provide for this.
Important! Do not forget to write the complaint in duplicate if you submit it in person. Be sure to ask to put on it the number according to the journal of incoming correspondence and the date of acceptance, as well as the position and surname of the receiving person. This will save you from many problems in the future. If the shipment was made by mail, keep the receipt receipt that was returned to you.
Important information
If any problem arises, as a rule, you have to contact different authorities. For example, the activities of an enterprise cause damage to the environment. Citizens gather and write a collective letter to the head of the organization.
Usually in such situations their requests remain unfulfilled. Then people write a new collective letter in defense of their rights addressed to the head of the local government agency responsible for monitoring the implementation of environmental standards. In order not to collect signatures again, it is advisable, firstly, to provide separate sheets for them, and secondly, to make copies of them. The original applications will be kept by the most active of the group of signers.
Some useful tips
Before you write your own based on a sample collective complaint, you should take into account a few tips from experts:
- you need to communicate with the other participants, find out their opinion on the problematic issue and try to come to a consensus, a common opinion;
- Before making a collective complaint, be sure to write down the contact information of all participants so that if necessary you can contact them;
- it doesn’t make sense to write a complaint collectively in the literal sense, let one person do it, but at the same time objectively reflect all the significant circumstances and facts, the rest of the participants will read it and sign or make certain adjustments;
- in the text of the complaint, adhere to the use of the pronouns “we”, “us”, i.e. in plural;
- We recommend that all claims be stated on the merits, with as little emotion and as much facts as possible, references to legislation are welcome; do not pour water, voluminous text is not always good;
- Finally, put forward your demands;
- a mandatory attachment to the complaint is a sheet of signatures of all interested parties;
- Be sure to include contact information; if there are many participants, it is better to indicate only one – a representative.
Important point
After composing the letter and completing the collection of signatures, the number of sheets (including the first) is indicated on the title page, that is, on the application itself. A stamp confirming the acceptance of documents is also affixed to the first sheet. Indicating the number of sheets on it is guaranteed to prevent their loss.
In some cases, officials insist on providing original signatures. In such situations, they can be demonstrated, but under no circumstances should they be given away. In practice, there are cases when officials literally snatched documents from the hands of citizens.
Another recommendation: several people should go to the relevant authority or enterprise. In this case, if possible, you should videotape what is happening.
Deadlines for responding to a complaint
The previous step, namely registering the request, is required for two reasons. Firstly, confirmation that the addressee has received the complaint, and he will be obliged to respond to it. Secondly, from the moment the document is registered, the period established by law for responding to such requests from citizens begins to count. It can be different and depends on where the claim is sent (an example of a collective complaint to the prosecutor's office below).
If your collective complaint falls under consumer rights protection legislation (purchase of low-quality goods, incompetence and rudeness of the seller, etc.), then the answer must be provided within 10 days.
When contacting government authorities or local housing authorities, you will have to wait longer. According to the legislation of the Russian Federation, 30 days are given to provide a response, counting from the date of receipt of a collective or individual complaint.
The response provided to you must contain information regarding options for resolving the dispute that has arisen, the time frame within which these actions can be implemented, or a partial or complete refusal to comply with the requirements, but with mandatory justification and reasons.
Specifics of filling out subscription forms
First of all, the text of the requirements must be provided on each sheet. You cannot sign a form that does not contain it. This is especially true for situations where the collection of signatures is carried out by unauthorized persons. You should also not put a signature on the reverse side of the sheet. It can be applied to any requirements subsequently.
It is important to keep the original signature sheets. When submitting a collective letter directly to a government agency or other organization, only copies must be attached.
How to write a collective complaint: sample
Let’s take as an example one of the most common types of claims - to the housing maintenance department of the city of Severny
Address: 340961, Russian Federation, Samara region,
Severny, st. Yuzhnaya, 23
from the residents of the house
No. 159 st. Solnechnaya, Severny
Complaint
We, the undersigned owners of apartments No. 101, 102, 103, 105, live in a building serviced by your organization. Due to the fact that you are the provider of house (common property) maintenance services, your organization is obliged to provide services of appropriate quality in accordance with established standards.
We perform our duties in good faith and pay our dues regularly.
The roof of house No. 159 on Solnechnaya Street is in poor condition, there are numerous leaks, the consequence of which is the flooding of our apartments.
Based on the above and guided by... (specify regulatory legal acts), we require:
- Correct the cause of the roof leak within 24 hours.
- Pay us the amount of damage caused.
Application:
- Expert opinion in 1 copy. for 50 l.
Signatures of applicants with transcript.
Purposes pursued by the claim:
- Strict compliance with contractual obligations. If they are violated, the plaintiff has the right to demand elimination of the violations.
- Full payment of expenses by the defendant that the plaintiff incurred in the event of improper performance of the terms of the contract.
- Termination of the contract and return of the amount paid under it.
- If the deficiencies of the violations cannot be eliminated, the plaintiff may demand the re-provision of services without additional re-payment.
- Refund of part of the money paid.
- Payment of penalties, if specified in the contract.
Collective complaint against the boss
Let’s be honest, in our country tyranny and arbitrariness of leaders is a completely common thing and familiar to many. Another thing is that employees allow this, often without taking any measures for fear that they will be fired, deprived of bonuses, etc. And year after year, complaining about life and work, they continue to endure. But if you turned to this article, you are unlikely to belong to this category of people. It is possible and necessary to find justice for an unscrupulous leader. We offer you a sample complaint that you can use as a basis when drawing up your own document, below. However, first, try to resolve the problem peacefully through negotiations.
A collective approach is to some extent better than an individual one. This assumes that the claims are valid and not a purely subjective personal opinion.
Reasons for writing a complaint against a manager
An employer can be held liable if he violates:
- Labor Code of the Russian Federation (overtime work without pay, refusal of leave, requirement to perform work not established by the employment contract);
- labor protection rules (absence or non-compliance of the workplace with established standards, refusal to issue personal protective equipment, etc.);
- internal regulations: orders, instructions from higher management, disruption of a project or work plan.
The most effective way, as practice shows, is to send it to the prosecutor's office, but first you can send it to the Labor Inspectorate, a higher-ranking boss, or departmental bodies. So, for example, for the chief physician - in the Ministry of Health. Depending on this, the cap in the upper right corner will change.
Links to regulations
They must be present in the letter. As mentioned above, the document must clearly indicate the nature of the violations of rights. This can only be done competently, guided by the law.
Selecting suitable regulations is quite difficult, since there are quite a lot of them. It is likely that you may need the help of a lawyer. If there is no money to pay for his services, you will have to spend energy studying the legislation on your own.
For example, the driver lit a cigarette in the minibus. In this case, the Law establishing restrictions on tobacco smoking will come to the rescue. This is Federal Law No. 15.
Sample complaint against a manager
Prosecutor of Ensk
Smart P.D.
from employees
MBOU Lyceum No. 5 of Ensk
Collective statement-complaint
We, the undersigned employees of the Municipal Budgetary Educational Institution Lyceum No. 5 in Ensk, ask you to conduct an audit of the organization to ensure that wages are calculated correctly and to protect our constitutional rights.
The employer, represented by the director of Lyceum No. 5, Zhadny P.P., unreasonably underestimates the wages of his employees. However, we cannot obtain any clarification from him. If you request a pay slip, it will not be issued.
To employee Popova P.L. were denied annual paid leave, citing production needs.
We are forced by internal orders to work overtime, which is not stipulated by employment contracts, and are denied a copy of the order.
We ask you to understand the current situation and punish the perpetrators.
Signatures of applicants with transcript.
Transfer nuances
The letter should be drawn up in 2 copies. Copies of signatures are attached to one. Any enterprising person can take documents to the required authority. Meanwhile, some authorities require the personal presence of applicants when submitting claims. If we talk about Moscow, then such bodies are the Prosecutor General’s Office and the President’s Reception Office.
On both copies the secretary of the body or institution must put a stamp or other mark with the date of adoption. The letter with copies of signatures remains with the organization. The second copy with a mark is taken by the activist.
Complaint about neighbors
Neighbors are different. If you believe one of the popular wisdoms, then you should first choose them, and only then housing. But what about an apartment building in this case? Unfortunately, whether we like it or not, we have to live in neighborhoods with different people. At the same time, violations of order on their part can concern completely different aspects of life. Unfortunately, collective complaints against neighbors are a very common phenomenon. The most typical are three situations: failure to keep the entrance clean, problem with pets, noise.
In the first case, the source of pollution can be both the neighbors themselves and their pets. If your verbal comments do not produce any results, then you can contact the office that maintains the house, in other words, the housing office. The procedure for filing and writing a complaint is similar to the examples given. When the resolution of the issue is delayed or ignored, the next step is a statement to the district police officer. In the second case, you can involve a veterinarian in these actions.
When your neighbors are too noisy, especially at night, contact the police directly. Moreover, the more people sign your claim, the better. Such complaints are taken more seriously.
Collect information and evidence, as they say, as much as possible before writing a collective complaint. The sample given above will help you write it correctly. Take the indicated structure as a basis and fill it with your own content.
To summarize all that has been said, we would like to remind you once again that you should always make attempts to solve the problem peacefully, through negotiations and concessions, and only in case of failure proceed to decisive action.
