Statement.

When applying for a job, citizens submit a written application in which they state a request for enrollment in an enterprise, organization, institution, indicating their profession, qualification, specialty, position.

It is not customary to use archaisms and clericalisms in the application (“very convincing”, “thanks in advance”, “please do not refuse”)

The application is written in any form, but contains a standard set of details.

Requisites. In the header of the application form for employment (in the upper right corner), the names of the head and the enterprise to which this application is addressed are written. After the header below indicates from whom the application is from, it is also recommended to indicate the address of the place of permanent residence or temporary residence

Document type - application

The text of the application itself is recommended to begin with the words “Please accept me ...”, then the date of employment and the desired position are indicated. Special working conditions are also specified in the text of the application (take part-time, for a certain period, part-time, etc.)

It is obligatory to indicate the date of the application, the signature of the candidate for the future position. Signature decryption is not a mandatory requisite.

Consent to accept a new employee is given by the future immediate supervisor. He expresses his consent by endorsement of the written application of the applicant

31. Extralinguistic characteristics of the official business style of speech.

Objectivity (no emotional coloring of words)

Accuracy (exclusion of synonyms)

Standardization (stable turns of speech, creation of text according to the model)

Clarity (exclusion of professional jargon, specific terms)

Completeness of presentation (there should be no semantic flaws, an overabundance is preferable)

32. Language characteristics of the official-business style of speech

Use of verbal nouns. (acquisition) - A large number of abbreviations (RANEPA) - The use of collective nouns. (finance, fuel) - Use of noun. M.r. to designate persons f.r. (doctor, adkovat) - Short adjectives with modal meanings (should, ready) - Absence of the pronoun "you" - Complex conjunctions (due to, due to any circumstances) - Phrase combinations (in accordance with, up to) - Impersonal and passive constructions (the cargo has been delivered) -Affirmation through denial (the board does not deny participation in anything) -A number of words in R.P. (for taking measures of public influence)

33. Journalistic style and its genres

The journalistic style of speech is a functional variety of the literary language and is widely used in various areas of public life: newspapers, magazines, on television, in public political speeches, in the activities of parties and public associations.

The linguistic features of this style are affected by the breadth of topics: there is a need to include special vocabulary that requires explanation. On the other hand, a number of topics are in the center of public attention, and the vocabulary related to these topics acquires a journalistic coloring. Among such topics, politics, economics, education, healthcare, criminalistics, and military topics should be singled out.

Vocabulary, characteristic of the journalistic style, can be used in other styles: in official business, scientific. But in a journalistic style, it acquires a special function - to create a picture of events and convey to the addressee the journalist's impressions of these events.

The journalistic style is characterized by the use of evaluative vocabulary, which has a strong emotional connotation (an energetic start, a firm position, a severe crisis).

Journalistic style performs the function of influence and message. The interaction of these functions determines the use of words in journalism. The message function, by the nature of the use of language means, brings the text closer to the scientific and business style, which has features of factuality. The text, which performs the function of influence, has an openly evaluative character, aimed at campaigning influence in certain parameters, approaching fiction.

In addition to the informational and influencing functions, the texts of the journalistic style also perform other functions inherent in the language: communicative, aesthetic, expressive.

We conclude the "And that's all about him" series with an article on statements. This is a specific type of document, the content, the rules for compiling and the workflow of which depend on who is addressing and to whom.

In this article, we will consider three main types of applications:

• a business letter of application sent by one organization to another;
• an application sent by an individual to an organization;
• employee's statement to the employer.

We do not touch on one more type of statements - claims - because the secretary does not work with them.

All three listed types of applications have their own characteristics not only in the preparation and preparation, but also in office work.

business letter of application

The purpose of a business letter-statement, which one organization addresses to another, is to indicate the position of the sending organization, express its attitude to the issue, and offer a justification and procedure for resolving the situation. Questions are not asked in the statement, it contains the vision of the situation of one of the parties.

From the previous paragraph, it is clear that "in peacetime" letters of application are usually not written, they are resorted to only on the verge of a conflict of interest or even a conflict between two companies in order to document and inform the other side of their attitude to the problem.

What kind of letter to choose?

The line between a letter of application, a letter of request or a letter of inquiry is quite thin. To be sure of the correct choice of the type of letter, you need to understand whether it will declare about something or still it will be request do something to the addressee?

A business letter of application is drawn up on a letterhead and has a standard set of details for a business letter.

In accordance with GOST R 6.30-2003 “Unified Documentation Systems. Unified system of organizational and administrative documentation. Requirements for paperwork” form of the letter contains the following details:

• the emblem of the organization or a trademark (service mark), the State Emblem of the Russian Federation or the coat of arms of a constituent entity of the Russian Federation, if the institution has the right to place these signs on its letterheads;
• organization code;
• main state registration number (OGRN) of a legal entity;
• name of company;
• reference information about the organization.

When preparing an application as a type of business letter, the following mandatory details are drawn up:

• document date;
• registration number of the document;
• destination;
• title to the text;
• document text;
• signature;
• mark about the performer;
• a note on the execution of the document and sending it to the case (issued on a visa copy of the letter).

A mark on the presence of an application is issued if there is one.

Document approval signatures are drawn up on a visa copy of the letter, if the internal rules provide for the process of certification of draft letters.

The business letter of application is shown in Example 1.

Unlike a regular business letter, the text of the application does not begin with an appeal to the official - the addressee, but with the name of the type of letter. This emphasizes that the document does not simply convey information, but expresses the principled position of its author.

The office work of business letters of application is carried out in a standard way, in accordance with the internal rules of the sending organization and the recipient organization.

It is not known what the conflict of interests of the companies will lead to: whether it will be possible to resolve the case through negotiations or whether it will be necessary to involve lawyers and get involved in litigation, but in any case, the acceptance by one organization of a letter of application from another is equivalent to the fact that the first company is informed of the position of the second.

Application to the organization from an individual

Consider this document from the point of view of the host.

The paperwork of applications from individuals should be given special attention. The interests of applicants are protected by Federal Law No. 59-FZ of May 2, 2006 “On the Procedure for Considering Appeals from Citizens of the Russian Federation” (as amended on November 24, 2014; hereinafter - Federal Law No. 59-FZ).

It is a mistake to believe that its effect applies only to state bodies, local governments and budgetary organizations. This hasn't been the case for a long time. Back in 2013, this list was supplemented by organizations “entrusted with the implementation of publicly significant functions” . Nowhere is there a clear definition of what these functions are, but from the wording it is clear that this concept is quite broad and theoretically any organization whose clients are individuals can “fall under it”.

Unlike a business application letter, an application from an individual can be both a request, a request, and a claim. Let's look at the definition of the word "statement:

Our dictionary

Statement - a citizen's request for assistance in the exercise of his constitutional rights and freedoms or the constitutional rights and freedoms of other persons, or a report on a violation of laws and other regulatory legal acts, shortcomings in the work of state bodies, local self-government bodies and officials, or criticism of the activities of these bodies and officials persons.

The company can develop its own, convenient form of a standard application from an individual and make it publicly available. But it is impossible to make this form mandatory and not accept the application just because it is not drawn up in the way it is “supposed”. People are not required to know that a company-designed application form exists, nor are they required to use the Internet to download the form. Federal Law No. 59-FZ defines the minimum set of information blocks in circulation:

extraction

from Federal Law No. 59-FZ

Article 7. Requirements for a written application

1. A citizen in his written application must indicate either the name of the state body or local self-government body to which he sends a written application, or the last name, first name, patronymic of the relevant official, or the position of the relevant person, as well as his last name, first name, patronymic ( the last - if available), the postal address to which the response should be sent, the notice of redirection of the appeal, sets out the essence of the proposal, application or complaint, puts a personal signature and date.

As you can see, the set is minimal, and we cannot oblige our applicants to even indicate their mobile phones. It is only recommended to include methods of operational communication in applications.

"You are free to choose..."

An individual can fill out an application as he pleases:

by hand or typed;

call it a “statement”, “appeal”, “requirement” or not call it at all;

write briefly and to the point or give your own detailed autobiography;

as well as send the document by mail or bring it in person.

The organization is obliged to accept the application if it contains the necessary minimum information.

The application of an individual, which has undergone primary processing in the office of the addressee company, is shown in Example 2.

Whether to single out the applications of citizens in a separate office work, the organization decides for itself. We recommend doing this if:

• applications more than 10% of the total volume of the incoming flow of documentation;
• specially authorized employees work on them (customer service center, claims department, etc.);
• according to applications from individuals, the organization conducts its core activities.

If an organization is used to working according to the rules of traditional office work, then it does not need to worry about meeting the requirements of Federal Law No. 59-FZ. Under standard conditions, circulations follow the same path as other incoming documents. The rules for working with them practically do not differ from the generally accepted ones and even allow some liberties in handling the application, in particular, three days can pass between the acceptance and the moment of its registration according to the law. The response is given 30 days from the date of registration of the written request.

Application for HR

A special layer of applications is personnel applications. The purpose of these documents is to express the request or will of the employee to the employer.

The form of personnel applications is relatively free. No one requires employees to know the nuances of designing details, so it is enough to observe the necessary minimum.

In our opinion, personnel applications should be written exclusively by the employees themselves by hand. There are no obligations on the part of labor legislation in this regard. But it is much more difficult to challenge a handwritten statement in court than one that was typed on a computer (only the author's signature is handwritten in it). In the latter case, the employee may claim that he was forced to sign a ready-made text.

• To whom from whom. The addressee of the personnel application is the employer - the first person of the organization in which the author of the application works. It was he who hired the author, and not the head of the personnel department, therefore the application will be written in the name of the head (general director, director, president, etc.) of the company. The surname, initials and position of the head are written at the top of the application sheet, closer to the right margin, in the dative case.

Since employees do not have their own form for letters, information about the author of the application has to be entered here. You should write your last name, first name, patronymic and structural unit in full. If the employee knows his personnel number - well, but this is not mandatory information.

Under this information, in the center of the line, the name of the type of document is written - an application, then the text of the application is set out from a new line - a request or an expression of the will of the employee. The application ends with the personal signature of the employee and the date the document was drawn up.

Question on topic

What is the correct spelling of the word "statement"?

There are two forms of writing the name of a document type: with an uppercase letter without a dot at the end (as in Example 3) and with a lowercase letter with a dot at the end.

The form of writing this word does not affect the legal force of the application. The second option is considered obsolete, but has every right to exist.

When should an employee state a request in a statement, and when is an oral appeal to the personnel department sufficient?

If the Labor Code directly speaks of “a written statement of the employee”, then this question does not arise. In other cases, it is regulated either by the internal rules of the organization, or by expediency. For example, it is best to state your request for amendments to documents in connection with a change of surname to an employee in writing, despite the fact that labor legislation does not provide any special provisions in this regard. Such changes are initiated by the order of the employer, and the employee's handwritten statement with a copy of the marriage certificate will become the basis for issuing the order.

In large organizations, where there are several tens or even hundreds of people per employee of the personnel department, the employee’s request is accepted in the form of an application only so that the personnel officer simply does not forget about it.

In small companies, if the Labor Code of the Russian Federation does not require a written application, you can get by with an oral request or a conversation directly with the head of the organization, who can instruct a personnel worker to resolve the issue.

• Documentation of personnel applications. Human Resources employees need original copies of employee statements. Subsequently, as already mentioned, many of them will become the basis for orders on personnel. But the employee also has every right to follow the fate of his application and receive confirmation from the employer that he has accepted the document.

Important!

It is impossible to register an employee's application as an incoming document. This is often done simply because they do not know how else to confirm its reception.

Meanwhile There are two ways to register an application correctly.

Confirmation that the employer has accepted the employee's application may be:

• registration of the application in a special database. It is also not recommended to place a personnel application in the register of internal documents: it is very easy to violate the legislation on personal data. It is best for the secretary to have a special electronic register for personnel applications, service and explanatory notes and similar documents.

The registration number of the application is affixed to its copy. A copy along with the number is given to the employee. If the employee came with two copies of the applications, before putting down the number, the secretary must compare them (make sure they are identical);

• record of acceptance of the application made by the secretary on a copy. If there is no registration log, and the employee insists on confirmation of admission, the secretary can make the following entry on a copy of the application:

The entry states:

• the fact of acceptance of the document;
• date (required!);
• position, personal signature and decoding of the signature of the employee who accepted it.

The employee's application is transmitted directly to the head of the organization, who reviews it and makes a resolution, for example:

To the HR department. Prepare an order.

Davydov 17.09.2015

Summary

1. Application - a document, the form and rules of workflow of which depend on its addressee and recipient.
2. A business letter of application is intended to express the position of the sending organization on a controversial issue.
3. An application sent to an organization by an individual is recommended to be processed in accordance with Federal Law No. 59-FZ.
4. Statements in personnel records management are the written expression of the will of the employee and often serve as the basis for issuing orders on personnel.

Yuriy Veremeyko, lawyer

To resolve issues arising in labor relations between an employee and an employer, various types of documents are used. One of these documents is an application.

It would seem that it can be difficult to make an application? But, as practice shows, difficulties arise even at the stage of drafting the document.

Human resources specialists know that incorrect data specified in the application can subsequently lead to incorrect and erroneous wording in orders.

Definition of the concept of "statement" in the legislation

An application is a request for assistance in the implementation of the rights, freedoms and (or) legitimate interests of the applicant, not related to their violation, as well as a message about the violation of legislative acts, shortcomings in the work of state bodies, other organizations (officials), individual entrepreneurs (art. 1 of the Law of the Republic of Belarus of July 18, 2011 No. 300-Z “On Appeals of Citizens and Legal Entities”).

The Law of the Republic of Belarus dated October 28, 2008 No. 433-Z “On the Basics of Administrative Procedures” states that the application of an interested person is a written or oral application of an interested person to an authorized body for the implementation of an administrative procedure.

The Labor Code of the Republic of Belarus (hereinafter referred to as the Labor Code) does not disclose the concept of an application. In the field of labor relations, an application is an appeal from an employee to an employer, which, as a rule, is not associated with a violation of the employee’s rights, but is aimed at realizing the rights and (or) legitimate interests of the applicant or at eliminating certain shortcomings in the activities of the employer.

Application details

An application, as a document that contains an appeal from one person to another, must contain the following details:

1) the name of the organization and (or) full name, position of the person to whom the employee applies;
2) the text of the appeal;
3) the date of the document;
4) document number;
5) Full name, position and signature of the applicant.

Depending on the peculiarities of office work, the personnel department can develop and approve exemplary application forms and include additional details in them: the applicant's passport data, details of the addressee, name of the structural unit, visas.

Resignation letter

The application for dismissal is aimed at exercising the right of the employee to terminate or offer to terminate the employment relationship to the employer.

The employee has the right to terminate the employment contract concluded for an indefinite period by notifying the employer in writing 1 month in advance. Before the expiration of the warning period, the employee has the right to withdraw his application in writing, unless another employee is invited to take his place, who, in accordance with the law, cannot be refused to conclude an employment contract. If there are circumstances that preclude or significantly impede the continuation of work (state of health, retirement age, radioactive contamination of the territory and other cases), as well as in cases of violation by the employer of labor legislation, a collective agreement, an agreement, an employment contract, the employer is obliged to terminate the employment contract on time, specified in the employee's application (Article 40 of the Labor Code).

After the expiration of the notice period, the employee has the right to stop work. On the last day of work, the employer is obliged to issue a work book to the employee and make the final settlement with him.

Mistakes in resignation letter

A typical mistake made when filling out such an application is an incorrect indication of the date of dismissal. As a rule, employees write like this: “I ask you to dismiss from February 15, 2012.” This wording does not clearly define the desired date of dismissal. Dismissal is the process of ending an employment relationship, so the preposition "with" cannot be used. From the point of view of the Russian language, it is not customary to use this preposition when it comes to the termination of any action or process. So, it is wrong to say: “I stopped doing work from three o’clock” or “I stopped doing the assignment from February 1”, it is correct: “I stopped doing work at three o’clock”, “I stopped doing the assignment on February 1”.

In the letter of resignation, the employee must indicate the exact date of dismissal. Otherwise, it is not clear which date is considered the last day of work. If in the application the employee wrote “to dismiss from February 15”, then it is not clear which day - February 14 or 15 - is considered the last working day. When the employment contract is terminated at the request of the employee, the employer does not have the right to independently decide which day is considered the last day of work, since it is the employee who applies to him with a letter of resignation. Therefore, only the employee can indicate on which day he wants to terminate the employment relationship. If he wants the last day of work to fall on February 14, then the application should write: “I ask you to dismiss on February 14”; if February 15, in the application, February 15 must be indicated as the date of dismissal, without the preposition "from".

For a sample resignation letter, see the “Useful Documentation” section on p. 26 magazines.

Is it possible to refuse an employee to accept an application if a mistake is made in it?

Does the employer have the right to refuse the employee to accept the application and demand that a new one be drawn up if the original application was made with errors? The answer to this question is ambiguous. If a formal approach is followed, the employer must accept the application, review it, and respond to the employee.

However, if a personnel officer or other official authorized to accept an application from employees sees that the document is drawn up incorrectly, and it is impossible to determine the request or demand of the employee from the content, then such an employee may well offer to issue a new document, explaining that accepting an application with mistakes made will lead to the refusal of its satisfaction.

To exclude this, employers can develop sample forms for the most common applications and other documents used in the organization, or use sample forms developed by the Department for Archives and Records Management of the Ministry of Justice of the Republic of Belarus (“Unified system of organizational and administrative documentation. Unified forms, methodological materials on the use of the classifier unified forms”, approved by the order of the Department for Archives and Records Management of the Ministry of Justice of the Republic of Belarus dated May 14, 2007 No. 25 “On Approval of Documents” (hereinafter - USORD)).

According to the author, errors made when filling out an application can become grounds for refusing to satisfy it only if they are significant. However, if the employee made spelling errors in the application or the application form approved by the employer was not followed, or made other errors that do not prevent the application from being considered on the merits, the employer must consider it.

Application Form

Some articles of the Labor Code do not contain clarification as to whether the employee must apply to the employer with a written application. The question arises: can oral statements be used in labor relations?

For example, Art. 41 of the Labor Code provides for the termination of a fixed-term employment contract at the request of an employee (clause 2, article 17 of the Labor Code) in the event of his illness or disability, which prevents the performance of work under an employment contract, violation by the employer of labor legislation, a collective or labor contract and for other good reasons. It is clear that the employee must apply to the employer with a letter of resignation, but unlike Art. 40 of the Labor Code, it does not indicate that the request for dismissal must be made in writing.

On the one hand, the employee has the right to apply with an oral statement, and the employer agrees and issue an order, which the employee will familiarize himself with against signature. The signature of the employee on the order confirms his consent to the dismissal. On the other hand, such an approach is contrary to the rules of record keeping.

It seems that in this case it is necessary to be guided by the principle according to which the termination of the contract should be carried out in the same form as its conclusion. This principle is enshrined in Art. 422 of the Civil Code of the Republic of Belarus (hereinafter referred to as the Civil Code): an agreement to amend or terminate a contract is made in the same form as the contract, unless otherwise follows from the legislation, the contract.

Despite the fact that these are the norms of the Civil Code, they are quite applicable in the field of labor relations, unless otherwise expressly provided for by the Labor Code.

Reference: civil legislation determines the legal status of participants in civil circulation, the grounds for the emergence and procedure for exercising the right of ownership and other property rights, rights to the results of intellectual activity, regulates relations between persons engaged in entrepreneurial activity, or with their participation, contractual and other obligations, as well as other property and related personal non-property relations (clause 1, article 1 of the Civil Code). The Civil Code states that labor relations are regulated by civil law, unless otherwise provided by labor and employment legislation and other special legislation.

How to make an application

Employees can ask Human Resources if the application must be written by hand or can be typed on a computer. Legislation allows the preparation of an application both by writing it with one's own hand, and using special technical means, for example, a computer and a printer.

A mixed method of compiling a document is also allowed. It means that the text of the application is drawn up using technical means, and the date, last name, first name, patronymic, employee and registration number of the document are indicated by hand.

In what cases can an application not be made?

Often, employers ask the question of whether the application is a mandatory document. It so happened that when a person is hired, he is almost always asked to fill out an application. But sometimes the proposal to conclude an employment contract (contract) comes from the employer. Obviously, in this case, the application with a proposal to hire comes from the employer, and not from the employee. If the employee accepts the offer and agrees to work, then his application will be expressed in the form of consent to enter into an employment relationship, and not in a request to hire him. According to the author, in such a situation, the execution of an application for employment by an employee is incorrect, since the information contained in such an application will not correspond to reality.

Sometimes, as a justification for the need to complete an application, personnel specialists refer to USORD. Recall that USORD itself does not provide for any obligations, since it is a system of documents, and not a regulatory legal act. USORD is a rationally organized complex of interconnected unified forms of documents recommended for use in the activities of organizations of all organizational and legal forms.

Note that the Labor Code does not contain either a definition of the concept of an application for employment, or a requirement for its mandatory execution. When concluding an employment contract, the employer is obliged to demand, and the citizen must present to the employer (Article 26 of the Labor Code):

1) an identity document; military registration documents (for those liable for military service and persons subject to conscription for military service);
2) a work book, with the exception of a first-time employee and part-time workers;
3) a diploma or other document on education and professional training, confirming the right to perform this work;
4) assignment to work on account of reservation for certain categories of employees in accordance with the law;
5) an individual program for the rehabilitation of a disabled person (for disabled people);
6) income and property declaration, insurance certificate, medical report on the state of health and other documents confirming other circumstances related to work, if their presentation is provided for by legislative acts.

Thus, the actions of personnel officers who, before concluding an employment contract, ask the employee to write an application for employment are not always justified and necessary. If an employee applies to the employer with a request to hire him, such a request can be made in the form of a written application. If the employer himself turns to the person with a proposal to conclude an employment contract and at the same time requires him to write an application for employment, then such a requirement can be considered unreasonable.

Applications must be made when expressly provided by law. For example, the requirement to draw up an application for admission is provided for by the legislation on public service, namely in Art. 25 of the Law of the Republic of Belarus dated 14.06.2003 No. 204-Z “On the Civil Service in the Republic of Belarus”, among other documents and information submitted when entering the civil service, a personal statement is listed.

Employers often use the application as a safety net, for example when they ask employees to write an application for financial assistance. Employers have the opinion that financial assistance can be issued only at the request of the employee. In most cases, this is exactly the case. But other situations are not excluded, when the employer, having the relevant information, offers the employee assistance.

The employer cannot formalize the provision of material assistance against the will of the employee, because, in essence, the provision of material assistance is nothing more than a gift agreement.

So, under a donation agreement, one party (the donor) transfers or undertakes to transfer to the other party (the donee) a thing in ownership, or a property right (claim) to itself or to a third party, or releases or undertakes to release it from a property obligation to itself or to third party (Article 543 of the Civil Code). To conclude a contract, the will of at least 2 parties is required. In our case, the employer and employee. At the same time, the initiative to conclude an agreement (offer) may come from any of the parties, incl. and from the employer.

And it is possible that the employer himself, having information about the financial problems of the employee, will offer him financial assistance. Obviously, in such cases, an application from the employee for assistance is not required.

There is another opinion: the absence of an employee's application with a request for financial assistance may lead to the taxation of material assistance, which is also incorrect.

Reference: exempted from personal income tax are incomes that are not remuneration for the performance of labor or other duties, incl. in the form of material assistance, gifts and prizes, payment for the cost of vouchers (with the exception of vouchers specified in subparagraph 1.10-1 of paragraph 1.10 of article 163 of the Tax Code of the Republic of Belarus, hereinafter referred to as the Tax Code), insurance services, incl. for the purchase of insurance policies for reimbursement of medical expenses received:
- from organizations and individual entrepreneurs that are the place of the main work (service, study), incl. pensioners who previously worked in these organizations and for individual entrepreneurs with whom the employment contract was terminated due to retirement - in an amount not exceeding 8 million rubles from each source during the tax period;
- other organizations and individual entrepreneurs, with the exception of those specified in subpara. 1.26 p. 1 art. 163 of the Tax Code, - in an amount not exceeding 530 thousand rubles, from each source during the tax period.

Thus, the exemption of employees' income from income tax does not depend on whether the employee applied to the employer with a statement. The signs of the income to be paid are of significant importance, which can be determined not only at the request of the employee, but also on the documents of the employer, with which he issued the payment of income, for example, by order, which indicates that the amount paid is material assistance, and not remuneration for the performance of labor or other responsibilities.

Withdrawal of the application

Labor law allows the withdrawal of the application. Thus, an employee has the right to terminate an employment contract concluded for an indefinite period by notifying the employer in writing 1 month in advance (Article 40 of the Labor Code). Moreover, the employee has the right to withdraw his application in writing before the expiration of the warning period, if another employee is not invited to his place, who, in accordance with the law, cannot be refused to conclude an employment contract.

A similar rule also applies in the event that an employee is granted leave with subsequent dismissal of his own free will. The employee has the right to withdraw the letter of resignation before the day the vacation begins, if another employee is not invited to take his place, who, in accordance with the law, cannot be refused to conclude an employment contract (Article 178 of the Labor Code).

IT IS IMPORTANT! Please note that the withdrawal of the application does not mean its return to the employee. The application that the employee withdraws remains with the employer and cannot be returned to the employee’s hands, since the withdrawal means the refusal of the appeal itself and the request (requirement) set out in it, while the documents, according to the rules of office work, must be kept by the employer in the prescribed manner.

Business documents of a personal nature. Personal statement - features of drafting and execution

As you know, the whole variety of documents is divided, first of all, into official and personal documents. Personal documents include :

The ability to correctly draw up and execute business documents of a personal nature related to professional activities is no less important than the correct preparation and execution of official business documents.

Personal statement: concept, details, design samples

Statement - a document containing a request or proposals of a person (persons) to an institution or official. The absence of an indication in the appeal of violations of the rights and interests of the applicants is the main criterion for distinguishing an application from a complaint.

Currently, there are no GOST requirements that regulate the rules for processing applications. These documents, in form, are conditionally arbitrary. Nevertheless, there are several varieties of personal statements for the location of details: in accordance with the existing types of office work - angular and longitudinal.

Personal Statement performed by hand or with the help of technical means. Personal statements may also be made on a screen-printed form. As a rule, in large organizations, the forms of personal statements are unified and presented in the form of forms, for example, an application for employment, for dismissal, for granting another vacation.

Here are personal statement templates (on hiring, on dismissal by agreement of the parties, on granting the next vacation).

Application for a job - the type of citizen's application for employment in a particular organization (enterprise). And although the legislation does not provide for the mandatory preparation of such a statement by a citizen, in practice it is used quite often. The need for such a statement is explained by established practice and some regulations.

So, in the Decree of the President of the Russian Federation dated May 30, 2005 No. 609 “On approval of the Regulations on the personal data of a state civil servant of the Russian Federation and the conduct of his personal file”, when listing documents included in a personal file, the first document indicates an application.

Correctly composed the application must contain the following details :

• addressee (when addressing an official, indicate his position, surname in the dative case and initials);
• the author of the application (indicating the address of the place of residence for the job application);
• name of the type of document - STATEMENT (the word "statement" can be written in all capital letters or have only the first capital letter without a dot at the end; it is allowed, but considered obsolete, to write it in lowercase letters with a dot at the end);
• text (in the application for employment, it is necessary to indicate the position and name of the structural unit where the employee enters; if any special conditions were stipulated: part-time, for a certain period, to perform a specific job, part-time, etc., - this is also written in the text of the application);
• signature;
• date (indicated in the upper heading of the sheet below the requisite "document type name" or after the text of the application from the border of the left field).

Application may have attachments (for example, originals or copies of documents on education, questionnaire, autobiography, etc.) are attached to the job application. In this case, all applications, numbering, are indicated in the application.

The application is signed by the author and transmitted (sent) for a decision, which is expressed in a resolution. A statement with a resolution is the basis for issuing an order or other document , for example, an order for employment, an order for an inspection, a letter to the author about the decision, a certificate of the status of the issue raised by the author.

1. Statement of claim - a document that sets out the claims of the plaintiff and other information relevant to a civil case. It expresses the will of an interested person who applies to the court for a dispute on a subjective right.

In accordance with Art. 242 of the Civil Procedure Code, a statement of claim to initiate a case is filed with the court in writing.

• 2. The content of the statement of claim must comply with the general requirements for procedural documents (Article 109 of the Code of Civil Procedure). In addition, this application must also contain other information (details) characterizing the essence of the stated requirement (Article 243 of the Code of Civil Procedure).
• 3. Details of the statement of claim can be conditionally divided into three groups:

The introductory part of the statement of claim must contain the following data: the name of the court to which the statement is submitted; the name of the plaintiff with an indication of his place of residence (for a legal entity - the location); similar information about the defendant; the price of the claim (if the claim is of a property nature) and the subject of the claim (for example, for reinstatement, eviction, etc.);

the reasoning part of the statement of claim must include the facts by which the plaintiff substantiates his claims, and evidence confirming these facts;

the final part of the statement of claim includes the claims of the plaintiff to the defendant (for example, to dissolve the marriage, collect alimony, divide jointly acquired property, etc.). This part of the statement of claim sets out other requests of the plaintiff, in particular, to exempt from payment of court costs, to appoint an expert examination in the case, to summon certain persons to the court session as witnesses, etc.

The statement of claim must be signed by the plaintiff or his representative. In the latter case, a power of attorney or other document certifying the authority of the representative is attached to the application.

The necessary requisite of the statement of claim is the list of documents attached to the statement. The judge may, depending on the complexity and nature of the case, order the plaintiff to submit copies of these documents.

The statement of claim is submitted to the court with copies according to the number of defendants (part II, article 242 of the Code of Civil Procedure).

Leaving a claim without action

1. If the content of the statement of claim filed with the court does not comply with the requirements established by law, or the statement is not paid for by the state fee, the judge cannot refuse to accept it. But the judge is not entitled to accept such a statement, since it contains shortcomings. which can only be removed by the person concerned. In these cases, the judge according to Article. 248 Code of Civil Procedure has the right to leave the statement of claim without movement.

Leaving a statement of claim without movement is a procedural action by which the plaintiff, at the stage of initiating a civil case, has the opportunity to eliminate the shortcomings of his statement after it has been submitted to the court.

2. The essence of this procedure is as follows.

The judge, having discovered the shortcomings of the statement of claim filed with the court, issues a ruling on leaving the statement without movement, of which he notifies the plaintiff and gives him a term.

The definition must indicate the specific shortcomings that served as the basis for leaving the application without motion.

The duration of the term is determined by the judge in each specific case, taking into account the nature of the shortcomings of the application and the real possibility of correcting them by the deadline.

If, within the period specified by the judge, the interested person corrects the shortcomings, the application is considered filed (accepted) on the day of its initial submission to the court. Otherwise, the application is considered not submitted and returned to the claimant.

3. The Plenum of the Supreme Court of the Republic of Belarus, in its resolution "On the Application of the Norms of the Code of Civil Procedure in the Consideration of Cases in the Court of First Instance" of June 28, 2001, clarified that the list of grounds specified in the law on which a statement of claim may be left without movement, is exhaustive and not subject to broad interpretation.

A private complaint or a private protest may be filed against the judge's decision to leave the statement of claim without movement (Part III, Article 248 of the Code of Civil Procedure).

4. Leaving a statement of claim without movement is possible only before the initiation of a civil case in court. If the shortcomings of the application are discovered after the initiation of the case, they must be eliminated in the process of preparing the case for trial or during the trial. The unpaid state fee may be recovered when the court makes a decision on the case.

In practice, some judges, instead of leaving the application without movement, resort to an unreasonable refusal to accept the application (the application is not accepted until its shortcomings are eliminated by the person concerned).