A petition from the place of work is a description of the employee and a document confirming that he has been taken into custody by the company’s team.
It is a document. Therefore it is written according to general rules business correspondence.
Applications are submitted from the enterprise to government agencies. These authorities may be the court, police, justice, traffic police, prosecutor's office, and so on.
Rules for writing applications from places of employment
The first thing to note is that it is written on the organization's letterhead. Accordingly, this is an A4 sheet. Writing in printed form- is not mandatory requirement, but desirable. Typed and printed text is better perceived and confirms the documentary nature of the paper.
The second requirement is that all the design attributes of official letters are preserved. These attributes are the following.
On the right top corner information about the addressee is written. Namely, the name of the institution and the position of the specific person to whom this letter is sent. If there is information about his last name and initials, they are also registered. The sender is also indicated there. In the case of a petition from an enterprise, this is its name. Namely, “from the team...”.
Below in the middle of the sheet is written the name of this document (petition). This name must be highlighted in font. Under the title of the letter, also in the middle, they indicate who the letter is about.
Below is the text of the appeal.
What is written in the petitions?
In the first half of the petition letter they write about the employee’s merits. It is better to start by indicating the length of work and length of service in the company that is submitting the letter.
You can write as much as possible more facts from life (work and not only), which could characterize the employee as a law-abiding citizen, an excellent family man, a wonderful colleague and friend. Don't be stingy with praise.
The second part contains an appeal, or rather even a request. It is precisely the request for which this letter was written. This could be: “I ask you to mitigate the punishment”, “do not deprive driver's license", "do not impose administrative penalties" and so on.
Petitions are certified by the signature of the head of the company and certified by her seal. It is subject to registration at the enterprise. Moreover, the authorities will also register it according to all the rules.
Do not underestimate the significance of this document. It may serve as a reason to soften the contract in court. The judge, when deciding on punishment, does not rely on this letter, but necessarily takes it into account.
Below is a standard form and a sample application from the place of work, a version of which can be downloaded for free.
In the event of liquidation (reorganization) or downsizing in an organization, resulting in the dismissal of employees, the manager is not always removed from resolving issues of further employment of his employees. Best employees may receive management support in the form of a job application (a sample is provided in the article), which is intended to present them to the future employer as good specialists.
What is a job application?
Labor legislation does not contain rules providing for the obligation of the head of a liquidated organization to draw up applications for employment in relation to his employees. These actions are the right of the employer and are carried out, as a rule, in relation to employees who have proven themselves sufficiently well in labor activity at this employer.
The form of this document is also not provided for by law, so in practice they apply generally accepted rules and norms.
The petition is drawn up on company letterhead and is a letter addressed to potential employer containing:
- name and details of the organization sending the application;
- Full name and position of the head of the organization (usually this document drawn up on behalf of the manager);
- a request to hire a specific employee;
- listing the employee’s positive qualities, skills and achievements;
- date of the letter;
- signature of the head and seal of the organization.
Copies of documents on the employee’s awards for successes and achievements in work, the completion of advanced classification courses, or the acquisition of additional useful professional skills may be attached to the application.
The petition is drawn up in the style of a business letter. Not allowed to use spoken words and expressions, errors, inclusion of information that does not have important in this situation. Information about the employee should be presented as briefly as possible. The letter is addressed to the head of the organization - a potential employer, so it is advisable to know the full name of this person and contact him personally in the letter.
In some cases, organizations operate own rules preparation of this type of documents. In this regard, before sending a petition, it is necessary to familiarize yourself with these rules and take them into account when drawing up the document.
The petition is sent by mail, fax or delivered in person.
Application for employment upon transfer
In addition to cases of reorganization and liquidation of an organization, the document in question can also be used if it is necessary to transfer an employee to another employer.
In this case, the future employer sends a request to the present employer containing a proposal to terminate the contract with the employee under clause 5 of Part 1 of Art. 77 of the Labor Code of the Russian Federation, and the present employer, in a response letter, expresses consent to the transfer of the employee and informs about the date of termination with him employment contract.
The Meaning of Petition
Drawing up such a document in relation to a potential employee indicates his high professionalism and value for the head of the liquidated (reorganized) organization. This means that the employee has proven himself to be excellent during his working career with his previous employer and will most likely be useful in the future.
The employee’s future employment depends on the correctness of the application for employment, so it is necessary to follow all recommendations for its preparation. The article concludes with a sample petition.
Sample application for employment
A petition is, in fact, official uniform communication with the court, that is written request judge to perform any procedural actions or make any decision related to a specific case. Right to petition have: the accused, the suspect (their legal representatives), the defense lawyer, the victim, the civil plaintiff, the civil defendant (their representatives), the prosecutor, the public prosecutor, the public defender.
Basically, whatever you call it, make a petition Every participant in a court session has the right to equally. The judge also has every right to refuse fully or partially in granting the request. In this case, as a rule, the court issues a ruling defining the reasons for the refusal.
Consideration of a petition in court usually occurs at the time of its filing, unless, of course, the case is 400 volumes and the justification for your, so to speak, request is not extended to twenty pages.
If your application is refused, it is possible appeal of the petition. A petition that is denied may be resubmitted at a later stage of the process.
In essence, a petition is a normative form of communication with the court. A petition should not be confused with a petition - although in general they are the same thing, with only one difference: petition- this is, so to speak collective request, that is, a type of collective petition to any government body as a whole. At the same time, the petition can be not only written, but also oral. Either way it should be argument or, more precisely, a set of arguments. If you make an oral petition, you should not forget to remind the court about entering into the protocol of the court session your oral appeal to the court, since there are also people in court, and they may forget about your appeal if you do not pay attention to it once again.
Rules of law strengthen the petition
Since you have read this far, it can be assumed that you probably have little experience drafting petitions, so let's stop there legally significant document more details. So, petition is an appeal one of the parties to the court, which may be submitted in writing or orally. In the text of the petition, you can state your request without references to rules of law, since your demands are legal and understandable, e.g. petition to postpone consideration of the cassation appeal. Such a legal document will be accepted by the court and, based on the results of the consideration, a determination will be made: whether the court accepts or does not accept the stated request.
If the court does not accept, then such refusal can be appealed. However appeal of petitions- extra work, therefore, in order to avoid unnecessary movements, I recommend approaching this quite legally significant document professionally. After presenting your request, do not be lazy and indicate to the court the rules of law that you were guided by when drawing up your appeals (petitions).
Don't be shy about specifics.
There are cases when the court, considering the case on its merits, does not want to fulfill procedural actions that you or your lawyer need. The court may not refuse, the judge simply pretends that he cannot understand (often the courts have no idea about the issue they are considering - this is normal in the Russian Federation) what you need and does everything in his own way, often to the benefit of your opponent.
It remains to interact with such judges in the same spirit, namely with a specific task in the form of a clearly stated request. At the same time, it is necessary to formulate options for its implementation in essence.
Please also note that you should always remember: what you should not do under any circumstances: it is to tell the court what it should do! It’s just not really a recommendation – it’s, as they say in Foggy Albion, just – justit’samust. In terms of you can't you can't. So, always walk that fine but very important line between specific insistence and a formal request.
It is better to write appeals to the court in advance
To the above listed features when compiling motions to court we can add that the petition can be written by hand directly during the court hearing, however, this is an exception and in general, it is better not to do this - it should be respected work time judges and not to be distracted from current process. If you don’t have a computer or printer at hand, then it’s better to write this document in the car by hand on some folder (A4 sheet - I strongly recommend) or in the courthouse, but not during the trial.
If you are a practitioner lawyer and provide legal services as a representative for conducting business in an arbitration court, you need to prepare various application options, with a competent attitude to his representational duties, a lawyer intuitively predicts various options developments in court and prepares all necessary legal documents in advance. Petitions in court For professional lawyer, conducting any even the slightest significant matter - This "cards", lying in the working folder, not even “cards”, but one might say aces mixed with jokers. The more options, the easier it is to interact correctly with the court in an appropriate manner, respecting the regulated rules of communication in this wonderful institution.
Avoid mistakes in court
Composing petition to court, avoid mistakes that can happen either due to inattention or because of simple laziness: include spelling and vocabulary in Word, do not press the F7 button in Word again and make sure that the title of your application does not look like petition. Please note that in court people with higher education and once again intercede, excuse me, what am I talking about, oh yes - " intercede gets on their nerves"basic illiteracy is not worth it. If you are not confident in your literacy, then try to find a person who will first read what you wrote and ask the most basic questions regarding the essence of the request you are making. In general, I recommend thinking through the course of development of the proceedings, putting forward hypotheses, discuss with colleagues or family various options for questions that may unexpectedly be asked in a court Not only opposing party, but also the judge himself.
Sample, example or application form?
In the country as a whole, the legal community has not formed a common base of petitions, because each case is unique and petitions, like agreement- a completely individual thing, although necessary sample You can find petitions on almost any legal website on the Internet. However, each lawyer has his own “lawyer library,” but not every lawyer will give you “his” version of the document you need for free.
However, petitions should always be drawn up for a very specific case - therefore unified forms There are no petitions in principle, with the exception of very simple procedures such as a petition to transfer the case or a petition to consider the case in absence, etc. In our lawyer library, you can find forms and examples of petitions, which I hope will be useful to you in resolving the problem.
Standard forms of petition to the court:
- Sample petition to the district court for a deferment of payment of state duty
- Sample petition to the court to suspend proceedings in the case
- Sample petition to the court for proceedings in a closed court session
- Sample petition for obtaining evidence in a claim for protection of honor and dignity
- Sample petition to a district or city court to secure a claim
- Sample petition to the intermunicipal district court to leave the statement of claim without consideration
- Sample petition to postpone the hearing of a case in a court of general jurisdiction in connection with a business trip of a representative
- Sample petition to postpone a hearing in a court of general jurisdiction due to failure to provide a copy of the statement of claim to the defendant
- Sample application to the arbitration court for review of a judicial act based on newly discovered circumstances
- Sample petition to the arbitration court to involve a third party in the case who does not make independent claims regarding the subject of the dispute
Often when contacting various institutions and government agencies Not only an application from a citizen is required, but also a petition from the place of work. It accompanies documentation and provides positive influence for the application review process. Sometimes the procedure for drawing up a petition from an employer to the court, the Federal Migration Service or for a kindergarten causes certain difficulties for citizens. How to correctly write a petition for an employee? When can its presentation help a person? Where can I get a sample document?
Reasons for filing a petition for employees
The employer's request applies to various fields. It is presented primarily to protect the interests of the employee. With its help, you can apply for benefits, for example, receive an incentive or bonus, or get your child accepted into kindergarten. As a rule, a petition from the place of work is drawn up along with a reference for the employee. Such a document is not mandatory. It is an expression of will from the administration of a person’s place of employment. The petition may be useful in the following life circumstances:
- if necessary, encourage or reward a person at the city administration level;
- when registering a child in kindergarten not at the place of residence, transfer of the child from one kindergarten to another;
- to file a lawsuit if necessary to mitigate the punishment or re-qualify the article;
- upon deprivation of a driver's license for a traffic offense (submitted to the State Traffic Inspectorate);
- when an employee’s child enters a university and is provided with benefits or services;
- for health improvement in resort and healthcare institutions from the organization where the citizen works;
- to obtain housing from a higher authority;
- for submission to the Federal Migration Service when re-registering a work patent;
- to have the opportunity to take advantage of a flexible training or exam schedule.
One of the requirements for a document is to write it correctly. To do this, you can look at a sample or ready-made example from a lawyer or on the Internet. A petition from a place of work does not provide an absolute guarantee to the applicant. But it can play positive role when analyzing the situation.
Submitting a document to the judicial and migration authorities
A petition from a person’s place of employment will definitely be needed to obtain a labor patent from the Federal Migration Service. With its help, a non-citizen of the Russian Federation has the right to work in the country. The patent issuance period is one year. It is extended by the FMS. To do this, you should draw up a specific package of documents, including important role plays a petition issued by the employer. Based on the submitted documentation, the FMS decides whether to grant an annual patent to a person or not. After a year, a foreign worker has the right not to travel outside the Russian Federation and apply to the FMS. To do this, he again collects the documentation, which includes the application from the place of employment, and transfers it to the territorial division of the FMS. The package of papers is handed over by mail or in person upon arrival at local authority FMS.
Another example when a petition from the boss is necessary is an offense and, as a result, a trial or a penalty from the traffic police. An application to the State Traffic Inspectorate occurs when there is a possibility of deprivation of the right to drive a car. The employer has the right to apply for a change in punishment. This happens when a car is the only type of income, i.e. the offender is a professional driver. The petition should write about the violator’s financial dependence on his profession. Petitions are submitted especially often when the place of work is a cargo/passenger transportation company.
If the proceedings are referred to the court, an application should be made to this authority. The court does not require filing a petition as mandatory document. This paper will contribute to deciding the fate of the offender. The decision to file a petition from the place of employment can be made at a trade union meeting. The court has the right to consider and take note of the document. An example is taking an employee on bail and, as a result, changing the preventive measure. The court accepts a more lenient punishment if the employee is irreplaceable.
Rules for drawing up a document
To submit a petition to an organization or department, you need to format it correctly. For writing it is better to find similar example or take a sample from the addressee. As a rule, the required sample is located at the office of the institution. Not established by law definite shape To fill it out, however, you need to follow the document drafting plan.
Each request must include the following information:
- name of the addressee (the authority that will consider the request);
- information about the official (if known);
- information about the applicant;
- Detailed information about the essence of the request (information about the employee, what act he committed or what benefits are required, etc.);
- a request to replace the type of punishment with another due to the extreme importance of the person;
- reference to regulations;
- list of attached documents;
- date, signature.
If the administration of an institution writes a request for an award, mention should be made of the person’s merits in production, his authority among employees, and the benefits he brought to the enterprise. In the document submitted to the court, it is important to mention which positive traits a citizen has to make a proposal to influence the person as a whole. Mention marital status And material condition important if a person needs living space.
A petition is an official appeal to the judicial authorities on a variety of issues.
What is a motion to court?
Civilians are more accustomed to the word “statement” than to the word “petition.” However, when going to court, you have to use the second term. In fact, procedural legislation does not separate the concepts of “petition” and “statement”, while the first may be contained in the second ( and ). It is generally accepted that this document comes from the word “intercede,” that is, to ask. This means that it must contain some kind of request within the framework of a case planned for consideration or already being considered by the court. In order for the court not to immediately reject this request and ignore it, it is important not only to know how to write a petition, but also to be able to argue your position.
When to file a petition
It is impossible to provide here an exhaustive list of reasons for sending your request to the court. After all, this document is usually submitted to different situations, many of which are not even provided for by procedural legislation. Especially often such Unexpected situations arise in criminal trials, when the parties go through almost all stages of the investigative process and try to find clues in relation to each other. In the civil process, the proceedings are calmer and it is possible to outline the circle of the most private appeals to the judge, which should be drawn up in writing.
Here are some of the most common cases when you can file a petition:
- to summon witnesses or experts to court;
- on a court examination (handwriting, construction-technical, medical);
- on involving third parties in the case without independent demands;
- on securing a claim;
- on the issuance of a copy of the judicial act;
As you understand, the list is far from complete. There are plenty of options.
How to submit a written request
A petition to the court must be drawn up logically, competently and to the point. If we're talking about about procedural norms, then it is worth immediately focusing the judge’s attention on the necessary paragraph of the corresponding article of the Civil Procedure Code. For example, a sample petition to the court for a copy of a judicial act will look like this:
Please note the reference to Part 1 of Article 35 of the Civil Code of the Russian Federation. In petitions for other reasons, other rules may appear. But the article of the code should be indicated. Firstly, it gives a clear reference to your right to this or that action enshrined in the law. Secondly, it will give officiality to the document itself (this is important in dealing with the court).
Is it possible to ask the judge orally
A petition according to the law can also be expressed orally. Do it directly in court hearing under the protocol. IN in this case the court has the right to immediately decide the fate of the request: to satisfy or reject it. This may also be recorded in the protocol or a separate ruling may be made. Usually, directly in the process, they apply for a commission certain actions in the interests of the applicant or about the judge making a fair decision (maybe not very fair, from the point of view of the applicant). The appeal can come from both the participant in the process and from his legal representative, for example a lawyer. Usually, before making a decision on any request, the judge asks the opinions of other parties to the case.
How to write a petition correctly
When we already know what a petition in court is (with an oral statement), we will figure out how to properly formalize it in writing. Standard shape, as we have already figured out, no. Therefore, the document must be drawn up in any form in accordance with the situation. When doing this, be sure to adhere to standard business writing rules. The document must contain:
- a header with the addressee, sender and their details;
- Name;
- main part describing the subject of the dispute;
- the essence of the request to the court.
Let's look at each point in a little more detail to understand how to correctly write a petition, a sample of which you will find at the end of the article.
Step-by-step instructions for filling out an application
- Court, plaintiff, defendant, case number. We indicate the addressee, in our case the name of the court, in the upper right corner. Next, you need to indicate the full details of the applicant (full name, address, telephone number and his relationship to the case). Then the information of the plaintiff and defendant is indicated, as well as the case number (if it has already been assigned). If the petition is an attachment to a new claim, then the number does not need to be indicated.
- Request. It is necessary to clearly and substantively state the circumstances surrounding the request, describe the essence of the dispute and the problem requiring intervention. Support all this with references to the relevant norms of the Code of Civil Procedure or Code of Criminal Procedure. It is necessary to list all the actions that, in the opinion of the applicant, should help solve the problem. At the same time, make it easier for the court to fulfill the request. For example, if you need to call witnesses, then the document must indicate all their data, and if you request documents, then indicate their correct names, location and grounds for requesting them. When requesting an examination, it is necessary to write what exactly it should help to find out and what questions the court should put to the experts. The more complete the information, the higher the chance that the request will be granted.
- Documentation. It is necessary to list all the documents that are attached to the application (if any).
- Signature and date. In conclusion, we sign the document with a transcript of the signature and set the date of its preparation.
Typically, a petition, an example of which we will give below, is drawn up in two copies: one to the court, the second to the applicant himself. However, you can write a document according to the number of participants in the process. In this case, the number of copies and the names of all recipients must be indicated in the text. The document must be received incoming registration number in the court office. It can be taken there in person or sent by registered mail with return receipt requested.
So we figured out how to write a petition to the court. A sample “On adjournment of the case” looks like this:
In what cases will a petition not be accepted in court?
The petition, an example of which we examined above, will not remain unanswered in any case. It may be executed in whole or in part, or rejected. First of all, the judge must consider compliance with procedural rules, and then the legitimacy of the arguments and the validity of the request. Therefore, the text must be kept as concise as possible in order to avoid double interpretation of the essence of the request. The court has an unconditional right to refuse if:
- the essence of the petition does not fall within his competence;
- the petition was drawn up by a person who does not have the right to represent the interests of the citizen in whose interests it is submitted;
- The issue has already been considered and a decision has been made on it.
Particular attention should be paid to the last point. It is useless to ask a judge for the same thing within the framework of consideration of a case in one instance. Therefore, if you think that they were refused unfairly, you can only appeal this decision to a higher authority, provided that it is formalized in a separate by judicial act(usually by definition).