How to file a collective complaint

Normative base

Important! Filing a complaint if simple rules are followed and there is a violation of rights is legal. This procedure is designed to restore violated rights.

Filing a complaint from a group of people is regulated by the following legal acts:

• Law No. 59-FZ (02.05.2006), which describes the procedure by which applications are considered;
• Russian Constitution (Article No. 33);
• Labor Code (the article is selected depending on the nature of the violation);
• Law No. 131-FZ (Article No. 32), establishing the procedure for local self-government;
• separate administrative regulations.

Drawing up a complaint

Sample complaint to the prosecutor's office: regulations governing this issue

On January 17, 1992, Federal Law No. 2202 “On the Prosecutor’s Office” entered into legal force, which established the principles and rules of operation of these law enforcement units. In particular, the provisions of the law stipulate that employees of these bodies are obliged to accept all oral and written requests from citizens with further verification of them.

Persons whose rights have been illegally violated or limited may submit simultaneous appeals to several authorities. For example, to the prosecutor's office and the court. This is appropriate if, along with the violation of personal rights, freedoms and interests, material or moral harm was caused, compensation for which is possible only by an official decision of the judge.

In order to codify all the rules and requirements for processing applications from citizens, a single Instruction No. 45 was developed, which has been in force on the territory of the Russian Federation since January 30, 2013. This Instruction sets out how to write a complaint to the prosecutor's office, as well as what is the procedure for considering petitions.

Two types of complaints according to the number of applicants

Collective complaint against a manager - sample

The complaint and the demand it contains can be submitted by one person or by a whole group of two people. In the first case, such a document is called an individual complaint, in the second - a collective one. The last of these two options can only be issued if there are facts of violation of the rights and freedoms of not one person, but several people at once.

Reasons for refusal to consider

A complaint to the prosecutor's office may not be accepted in cases where:

• the text of the document contains profanity;
• the statement constitutes a direct interference with the investigation;
• If the handwriting is illegible and the specified information is insufficient, the complaint may be rejected with mandatory notification to the applicant within five days.

Video report on the topic

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Complaints

Who can file a collective complaint against?

Complaint to the labor inspectorate

A collective claim can be filed for:

• director, manager, director, employee of the enterprise in case of violation of the rights of other employees (for example, non-payment of wages);
• a seller or other employee of a grocery store, hardware store, supermarket or other trade organization in case of violation of the rights of customers;
• a medical worker, a doctor in case of violation of the rights of patients (for example, in case of unfair treatment);
• a neighbor (neighbors) who makes noise, pollutes the air or otherwise violates the freedoms and rights of people living nearby, carries out actions that threaten their life, health, well-being (flooding, release of toxic, toxic substances, violation of fire safety, etc.);
• administration (workers, including educators, teachers) of children's educational institutions (school, kindergarten) from the collective of parents of children whose rights are violated;
• management company - submitted from the team of one company to the organization that manages the affairs of the residential building.

Collective complaint against neighbors

When a collective complaint is filed

The prosecutor's office is a law enforcement agency that has the authority to consider cases related not only to individuals, but also to entire organizations, including government ones. Individual government branches have their own internal hierarchy, in connection with which some bodies may consider the problems of lower branches.

For example, problems between two employees can be resolved by their superiors, but the violation must be within the legal framework. In this case, we can give a very simple example: colleagues cannot share a workplace, and therefore their boss can resolve this dispute. It is a completely different matter if one employee threatens physical harm to another. In such a situation, the person who is being threatened has grounds to contact the prosecutor's office.

Another example is when a boss unreasonably delays wages for his employees or even refuses to pay them the money they have earned. Such a case also goes beyond the scope of the enterprise itself, and a group of people whose rights have been violated can file a collective complaint with the prosecutor’s office.

In general, there are several more frequent situations in which people turn to the prosecutor’s office:

• failure to fulfill obligations under an employment contract;
• abuse of authority in the workplace (often happens in military service);
• fraud by a third party – a group of people became victims of a fraudster using the same scheme. This option often ends in a class action lawsuit;
• failure to fulfill obligations under a collective agreement. Usually we are talking about housing and communal services, which poorly fulfills its obligations or completely ignores them.

Where to file a collective complaint

Complaint to the prosecutor's office against the employer

In case of violations of labor legislation (non-payment of wages or other unlawful actions of the employer), the team of employees can complain to the higher management (board) of the organization or to the labor inspectorate. If violations are detected by the staff of a hospital or other medical (preventive) institution, a petition from a group of people is submitted to the management (administration) of this organization. If a seller deceives, deceives a customer or is rude to him, you should complain on behalf of dissatisfied customers to the store director.

Troubles from neighbors are resolved:

• the district police officer, his chief in the police or the department of internal affairs, if the neighbors are constantly making noise or flooding;
• Housing office (housing maintenance office) if there are a large number of animals in the apartment;
• managing a working housing company during illegal, dangerous redevelopment in an apartment or neighbors’ house;
• Rospotrebnadzor or the police if there is garbage thrown out by neighbors anywhere.

You should definitely file a complaint about poor heating

If the sanitary conditions for preparing food in a kindergarten, nursery, or school do not meet the standards (regulated by the “Sanitary and Epidemiological Requirements ...” and the resolution of the chief sanitary doctor No. 91), first, as a first instance, such a collective complaint should be sent for consideration to the head of this children's institution. If such a measure was not effective, you should go to the Ministry of Education, the local department of education or Rosobrnadzor (this organization regulates the field of science and education).

How to write a collective complaint sample

Advice from lawyers:

1. How to write a collective complaint against a military unit (sample)

1.1. Collective complaints from military personnel are prohibited. For civilians - in any form. GOOD LUCK TO YOU.

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2. You need a sample application to the chief of police to obtain information on the prosecutor’s order. We filed a collective complaint and it was satisfied. Now you need to write a statement to the chief of police to find out the fate of the resolution.

2.1. Write in free form. If any difficulties arise, you can contact any website lawyer for help via private message.

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2.2. Dear Olga! Write your application in any form. All the best.

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3. In our locality, the poor Internet speed is not enough even for basic viewing of a five-minute video on YouTube, and we, the residents, want to write a collective complaint to the Internet company, tell me how to do this correctly? And maybe there are samples?

3.1. Write in any form with reference to Article 29 of the Law on the Protection of Consumer Rights. Then you go to court. If you need help drafting a written document, please contact us.

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3.2. Residents want to write a collective complaint to the Internet company, tell me how to do this correctly? And maybe there are samples? There are samples on the websites.

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4. I need a sample of how to write a collective complaint against a colleague or boss. A colleague insults everyone.

4.1. Hello! In any form.

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5. I want to write a collective complaint against my neighbors because of noise at night. Should I take the complaint to the local police officer? How many signatures are needed? You can also use a sample application.

5.1. Hello! There are no samples. write in any form the number of signatures at your discretion - even if there is only one signature - you are required to consider it.

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6. How to write a collective complaint (if possible, a sample) about the poor quality of drinking water. The village has a well and a water tower.

6.1. Hello! In simple written form.

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7. We would like to write a collective complaint to the power grid due to low voltage. Where can I see a sample form?

7.1. You can do it on the Internet or on the Mosenergo website.

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8. Sample of writing a collective complaint from kindergarten parents about the child’s inappropriate behavior (aggression... choking, kicking, pushing children together, throwing themselves at employees). The child needs qualified help in special services. Institution. We would like to write a complaint to the guardianship council. I would be grateful.

8.1. File a complaint not with the council, but with the prosecutor's office and the education department. There will be more sense. And it doesn’t have to be a collective one, you can write each one on your own. Write in free form.

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9. Please help me write a complaint to the boss about the employee. Since she is constantly rude and expresses herself in uncensored language not only in front of employees, but also allows herself to express herself this way in front of customers. In our department she is a leading specialist, and based on this she allows herself to command everyone in an orderly manner. Please send a sample of a collective complaint.

9.1. Good afternoon There is no specific sample. Write in free form outlining and explaining the circumstances of the case. From whom, your contacts, to whom (full name or name of organization, position), what, where, when, what you are asking for... Date, signature.

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9.2. Hello, Oksana! Such complaints are drawn up in free form. Write when and what facts happened and who was present.

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10. Please, how to write a collective complaint about the delay of a salary, is there a sample? I will be grateful!

10.1. Hello. Don’t be clever, write it in free form.

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11. This is a situation where a relative has mental disorders (schizophrenia), we want to write a collective complaint, the district police officer in the know said he will help. Help me, how to write a collective complaint against a mentally abnormal person, at least a sample.

11.1. Andrey, there are no samples or templates; the complaint must be drawn up taking into account exactly your circumstances of the case.

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11.2. Drawing up documents is not included in the format of free consultations and site rules. The likelihood that your collective complaint will have effect and be resolved depends on many factors. It is very difficult to forcibly isolate a person, even if he is schizophrenic.

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11.3. It is better to contact a lawyer in person if you do not want your situation to be treated formally. The application must be drawn up correctly and correctly.

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12. Our neighbors are rowdy drunks, please tell me a sample of how to write a collective complaint to the prosecutor’s office.

12.1. In free form, you state the circumstances of the case and formulate your request.

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12.2. Good afternoon, Asya Arkadyevna! The application to the prosecutor's office is written in free form. At the same time, there are a number of mandatory requirements for the submitted application. According to clause 2.8 of the Instruction on the procedure for considering appeals and receiving citizens in the prosecutor's office of the Russian Federation, approved by order of the Prosecutor General of the Russian Federation dated January 30, 2013 No. 45, a written appeal from a citizen, official or other person must necessarily contain either the name of the body to which the appeal is sent , or last name, first name, patronymic of the relevant official; or his position, as well as the last name, first name, patronymic (the latter - if available) of the citizen who sent the appeal, the postal address to which it should be sent. Response or notification of forwarding the appeal, statement of the essence of the issue, personal signature of the specified citizen and date.

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13. We need a sample of a competent collective complaint against residents in the village. A new family has arrived in our village, they drink and lead an immoral lifestyle. But that’s half the trouble, they started attacking people with their fists and insulting and threatening. The whole village is already tired of them. We would like to write to the head of the administration about the eviction. Please help me write a complaint correctly.

13.1. Yes, write in any form about all your troubles, in every detail. I just don’t think the administration will help you in any way.

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14. Help our team. We want to write a collective complaint against the head of the department. Where can I find a sample?

14.1. Natalya, the fact is that a lot depends on the nature of the violation being appealed and on the authority to which you are applying. If, for example, this is a court, then the rules for writing a statement are contained in the Code of Civil Procedure.

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How to solve the problem

First of all, when a problem arises that requires a solution from a group of people, a team, you should talk to everyone who is dissatisfied and find out what exactly they consider unfair in order to know what the participants in the conflict are ready for. Next, the algorithm to follow is:

1. Organizing a meeting of members of a collective (group) of dissatisfied persons. At the first stage, you need to come to a consensus regarding the violated rights and the desired results, that is, you need to decide what exactly the group members want to achieve.
2. Determining who is responsible for documenting and filing a collective complaint with the right employee, official, or organization.
3. Formulation. At this stage, it is worth sketching out on a draft the points that the document will contain. At the same time, it is not necessary to write down everything in detail - this can be done when drawing up the appeal itself.
4. Definition of the regulatory framework. It is imperative that in a future written appeal you will need to indicate the legal norms that are being violated. This means that you need to find in open sources those codes, laws or other legal acts and specific points (articles) that, in the opinion of those gathered, were violated.
5. Writing a claim. At this main stage, you should take a sample and draw up a complaint on paper in accordance with the template.

Regulatory acts

Important! The text of the complaint does not have a clear mandatory structure, the main thing is the presence of the necessary blocks, conciseness and clarity of the described complaint.

At the final stage, it is worth checking whether the document contains a list of persons who sign the complaint, an indication of the violated norms from the law and contact information for further communication with the initiators or other participants in the complaint.

Effectiveness of a collective complaint

An application for the head of a structural unit, which is collective in nature, must have a specific sample or example. This need is explained by the fact that the sample of complaints or their example has the correct structure, from which you will need to build when you write a complaint against the manager.

A collective complaint is a collective appeal to higher authorities regarding the behavior and actions of structural superiors. At the same time, the team must understand that they must present their claims correctly from a legal point of view, and everything written must be presented in a strict business form without any emotional deviations.

Of course, not a single sample or example of this document contains such a form of writing. Everything is tied to the characteristics of the structural unit where you work. Such a message should consist of pure facts and evidence based on the very reason why you are going to write it.