Worked unofficially did not pay wages what to do. What to do if you did not make a calculation upon dismissal? Why didn't they pay

Payment of wages to an employee under an employment contract must be carried out at least twice a month. Delays in such calculations are unacceptable and threaten the employer with serious troubles, so most companies try not to violate this legal requirement. However, anything can happen, and if an employee is faced with the dishonesty of his management, he must know what to do if the employer does not pay wages.

Where to go if you don't get paid

The problem of late payroll payments is not seen in the standard reporting that companies submit to various auditing authorities. The balance sheet shows the maximum wage arrears at the beginning and end of the year, but such a debt may well fit into the current legislation, since it may be accrued but not yet paid wages for December. In reporting on pension contributions and personal income tax, the amounts of budget deductions and, in some cases, the very fact of transferring payments are shown, but again, this may not always indicate payment or, conversely, a delay in paying salaries to employees. Thus, if the company does not conduct a special audit (as a rule, we are talking about an on-site audit of all aspects of accounting), then controllers simply will not know about the violations of labor laws. Thus, the employee must himself know what to do if they do not pay wages. In such a situation, he has three possible options.

First of all, an employee who is faced with non-payment of wages can apply to the labor inspectorate. Such an appeal is made in the form of a written complaint with a request to restore the violated rights. The document is drawn up in free form, it indicates the full name of the applicant, passport data and address of residence, as well as the data of his employer - name, legal address, and other information known to the employee. Such a complaint may lead to the initiation of an audit of the employing company. At a minimum, the labor inspectorate will issue an order to eliminate violations of labor laws.

The second instance, which will help to defend the rights of the employee, is the prosecutor's office. A complaint to the prosecutor's office that employees are not paid salaries can be considered by the prosecutor and later taken to court. In some cases, this threatens the employer even with criminal liability.

Finally, the employee has the right to apply directly to the court with a claim for the recovery of wage arrears. Such solutions are resorted to, as a rule, if we are talking about delays of several months, when a fairly decent amount of debt has accumulated.

Wage Delay Compensation

Even one day of delay in the payment of wages to an employee means that the employer must pay compensation. It is calculated as one hundred and fiftieth of the key rate in force during the period of delay on the amount of debt for each day of delay in payment. Thus, if we are talking, for example, about a delay in settlements with an employee in the amount of 20,000 rubles for a period of 14 days (in April 2017), then the amount of compensation will be:

20,000 x 1/150 x 9.75% x 14 = 182 rubles.

The formula by which the compensation is calculated is given in Article 236 of the Labor Code. It also states that the compensation payment cannot be less than the amount calculated in this way. This means that the employer, for example, in the collective agreement, may provide for a different settlement procedure, and in case of delay will be obliged to comply with it.

Responsibility of an employer who does not pay wages

Measures that are aimed at observing the rights of the employee discussed in this article are very strict. First of all, this is administrative responsibility in accordance with part 6 of article 5.27 of the Code of Administrative Offenses. According to its provisions, full or partial non-payment of wages within the prescribed period involves the imposition of a fine on the organization from 30,000 to 50,000 rubles, on an official - the head of the organization from 10,000 to 20,000 rubles, or from 1,000 to 5,000 - in relation to the entrepreneur.

In addition, if the employer does not pay wages, then criminal liability may be provided for such a violation - article 145.1 of the Criminal Code.

So, if the head of the company delays his salary only partially for a period of 3 months, and his personal interest in these actions is proved, then this can cost him a fine of up to 120,000 rubles or an amount corresponding to his personal income for a period of up to one year. He may also be deprived of the right to hold certain positions or engage in certain activities for up to one year. More serious measures include forced labor for up to two years or imprisonment for up to one year. The choice of a particular punishment is at the discretion of the court.

If the company did not fully pay wages for 2 months, or during the same period paid wages below the minimum wage, which again was a mercenary decision of its leader, then the fine will already be from 100,000 to 500,000 rubles or the amount of income of the guilty person for three years. The alternative may be forced labor or imprisonment for up to three years.

If the described mercenary acts had serious consequences determined by the court, then the term of possible imprisonment is increased to five years. Additionally, the head of a non-paying company may be deprived of the right to hold a certain position or engage in certain activities for up to five years.

It is worth noting that the sanctions for business provided for violation of labor legislation in terms of wage payments are among the most stringent in Russian legislation, so employers are unlikely to be pleased with the prospect of facing their application in practice. Therefore, an employee whose salary is delayed can be advised to first notify the negligent superiors of plans to report the delay in payments to any authority. Perhaps this will solve the problem.

In addition, an employee whose wages are delayed for more than 15 days has the right to refuse to continue working until the debt is paid off. The employer must be notified in writing in free form of his intention not to appear at the workplace. He will be obliged to start working again as soon as he receives a written notification from the employer about his readiness to pay off wage arrears. The workplace during this period of absence for the employee must be saved.

Nowadays, many employers, in an effort to save on paying taxes, pay their employees a black salary or a salary “in an envelope”. For an employee, this is quite risky, because it may happen that upon dismissal or at another moment, the employer will stop paying him the due amounts. In this regard, the employee may have a question: what to do if the employer does not pay black wages?

It is possible to return the black salary after dismissal, but this is usually not easy to do, because its size, and sometimes the fact that a person works in an organization, is not reflected in the documents of the employer. An employee who has not been paid a black salary, in order to protect his violated rights, will have to collect a lot of evidence and go through several instances to confirm that the employer is not paying the due amounts.

How to force an employer to pay a black salary

If an employee is not paid a black salary, first of all, you need to go to an appointment with the head of the organization and state your requirements for the payment of the promised salary. If at the time of dismissal they did not pay a black salary, it is necessary to explain to the employer that in case of non-payment of wages, the employee will be forced to apply for the protection of his rights to the relevant authorities, which will entail unpleasant consequences for the organization in the form of numerous inspections and litigation. In addition, it is necessary to explain to the manager that the employee will file a complaint with the Tax Inspectorate, which has the right to hold the employer liable for tax evasion and impose a significant fine on him.

It is possible that after such a requirement, the employer will prefer to resolve the issue amicably, because the employee’s complaint can lead to both loss of money due to the imposition of an administrative fine, and bringing the head of the organization to responsibility, up to criminal.

If the employee did not succeed in receiving a black salary upon dismissal, then you can achieve the payment of the promised earnings by contacting the competent authorities. Among them are the Prosecutor's Office and the State Labor Inspectorate. In addition, you can also take the black salary due to the employee by going to court at the location of the employer. At the same time, the employee will not incur the costs of paying the state fee, because claimants in labor disputes are exempted from paying it. But the employer, if the claim is satisfied, will have to pay to the budget a fee on the case, calculated on the basis of the amount of claims.

The prosecutor's office, being a supervisory body in the field of protecting the rights of citizens, conducts inspections at the request of employees and, if violations are detected, issues an order to eliminate them.
The State Labor Inspectorate has similar functions, acting as a special labor control body.
You can apply to these bodies by making an appointment with an employee authorized to receive citizens' appeals (assistant prosecutor, labor inspectorate specialist). You can complain about the illegal actions of the boss by preparing a written complaint to the indicated authorities, where you should state in detail the essence of the problem.

Before filing a complaint, you should collect evidence that the employee worked in the organization, but the promised salary was not given to him. Among these evidences may be the testimony of other employees, audio and video recordings, etc.

The employee’s appeal is drawn up in an arbitrary form, but it should mention all the violations committed by the employer, the name and contacts of the employing organization, the name and address of the state body where the complaint is addressed, as well as information about the sender of the appeal (name, address, telephone, e-mail ). The complaint must be signed and dated.

You can send an appeal by mail, as well as through the website of the prosecutor's office or inspection, attaching electronic versions of documents. After receipt of the complaint, it will be considered within thirty days. During its consideration, an audit will be carried out and an answer will be given to the employee, which will indicate measures that will help to knock out a black salary from the employer.

How to prove a black salary in court

To force them to pay black wages, workers often have to go to court. However, in order to recover the due amounts from the violating employer, the employee will need to prove that he really worked in this organization, and he was promised wages in a certain amount. This is not easy to do, because it is very difficult to find documentary evidence of these circumstances, especially if the employee worked for the employer without official employment.

By sending a statement of claim to the court, the employee will be able to sue the black salary. At the same time, the costs incurred by him in the course of the trial will be borne by the employer, in particular, payment for the services of a lawyer (within reasonable limits). Therefore, it is better to resort to the services of a specialist who will help to correctly draw up a statement of claim, correctly formulate the requirements of the plaintiff and collect the necessary evidence.

In addition to the requirements for the payment of wages, by virtue of Art. 236 of the Labor Code of the Russian Federation, an employee may demand payment of interest for non-payment of black wages on time, these interests are 1/300 of the refinancing rate of the Central Bank of the Russian Federation from unpaid wages for each day of its delay.

To prove that the employee actually carried out labor activities in the organization, evidence such as:

• testimonies of witnesses (other employees);
• payrolls;
• photos and videos.

This evidence will help establish the existence of an employment relationship between the employee and the employer.

Evidence will also be required confirming a certain amount of wages. These may include:

• payrolls showing amounts received by employees;
• envelopes in which salaries were paid, with notes;
• advertisements in newspapers and the Internet describing vacancies and wages;
• testimonies of other employees of the organization that can confirm the amount of remuneration in the organization;
• statistical information on wages for certain specialties.

If the court considers that the evidence presented by the employee is sufficient to confirm the position of the plaintiff, then it will make a decision to establish the fact of labor relations and collect unpaid wages.

In addition, the court has the right to issue a private ruling to the violating organization, in which it may indicate the need to comply with the requirements of the law and the inadmissibility of violating the labor rights of employees. The employer must correct the existing violations of the labor rights of employees within a month, and then inform the court. If such actions are not taken, the employer may face administrative liability for failure to comply with the requirements specified in the private ruling of the court.

Probably the most frequent subject of labor disputes and disagreements between the employee and the employer. Not all employers know that the timely payment of wages is protected by federal law, and neglect of the rights of an employee can even lead to criminal liability. Workers, in turn, usually have no idea what to do and where to turn if they do not pay wages.

Employment contract

An employment contract is the main document confirming that the employee and the employer have mutual rights and obligations. As a rule, the contract indicates the amount of wages and the procedure for its payment - a specific date of the month. If the employer does not pay wages, then if he has a copy of the employment contract signed by the employer, the employee has the right to apply with a corresponding application to the authorized state bodies or the court to protect his rights and collect debts from the employer.

Similar questions on the topic of what to do if they do not pay wages on our website (with lawyer's answers):

The situation is more complicated if the employment contract was not concluded. But work without official employment does not exclude the possibility of collecting wage arrears. Recovery in this case is possible only in court, with the provision of evidence to the court such as:

• actual performance of labor duties without concluding a contract;
• actual work permit;
• evidence of an employment relationship between the employee and the employer.

Where to go if you don't get paid

There are several public authorities where to apply if they do not pay salaries:

1. The State Labor Inspectorate is a specialized public authority, one of the main purposes of which is to protect the labor rights of an employee. In case of non-payment of wages to the GIT, you should apply with a detailed application, outlining the whole essence of the problem.
2. Prosecutor's offices. Supervision over observance of the labor rights of citizens is one of the activities of prosecutors. In the event of an appeal, the powers of the prosecutor will include verifying the facts set forth in the applicant’s appeal, submitting to the employer a mandatory submission on the elimination of violations of labor rights.
3. Court. It is also possible to receive the due salary arrears by sending a statement of claim to the court containing reasonable facts and motivated requirements. Based on the results of consideration of the claim, the court will issue a decision, which, if the claims of the plaintiff are satisfied, can be enforced.

Contents of the application for non-payment of wages

An application for sending to the State Labor Inspectorate or to the prosecutor's office must be submitted to the appropriate department of the department at the location of the organization.

The application must contain the following mandatory details:

• the correct name of the subdivision of the state body (GIT or prosecutor's office), its address;
• information about the applicant, indicating full personal data and contacts for feedback;
• information about the employer: name of the organization, its TIN, location address, information about the head and chief accountant;
• the reason for sending the application: the timing of non-payment of wages, indicating calendar dates, the amount of debt on the day the application was written;
• information about an attempt to independently resolve a labor dispute: appeals to management, director's comments, etc.;
• motivated demands, which, in addition to debt collection, may be such as: bring the director to administrative responsibility or initiate a criminal case against him.

An incorrectly drawn up application may cause incomplete response measures by employees of the supervisory authorities and, as a result, the restoration of violated rights to receive wages is not in full.

Statement of claim

If the employee is not paid on time and there is a debt, then, along with the STI and the prosecutor's office, you can independently file a claim with the court to collect the debt from the employer.

To file a claim of this kind, the Labor Code establishes fairly short deadlines - a claim can be filed within 3 months from the date of violation of rights. The moment of violation of rights can be considered the day following the date of payment of wages established by the employment contract.

There are no strict statutes of limitations for appeals to the prosecutor's office or the GIT, however, it should be borne in mind that the powers of these bodies also include filing claims for the recovery of wage arrears. Thus, an application to the public authorities about the delay in wages should be sent as soon as possible in order not to miss the statute of limitations.

The Code of Civil Procedure, in turn, makes it possible to restore the deadline for applying to the court. To do this, you must send a petition to the judge outlining the reasons for missing the deadlines. The petition will be considered during the preliminary court session and, if it is properly drawn up and there are good reasons for missing the deadlines, it will be granted.

A statement of claim for the recovery of wage arrears can only be filed with the district court at the location of the organization or its representative office in which the employee carried out his activities.

Among other things, the plaintiff in such cases is exempt from paying the state duty, all other legal costs are subject to recovery from the employer.

In order for the claim to be accepted by the court for consideration, the document must be drawn up correctly, in compliance with the requirements established by law: the presence of references to specific norms of the law, motivated requirements, applications confirming the existence of an employment relationship between the parties to the dispute. Writing a statement of claim for the recovery of wage arrears, for its adoption by the court and urgent consideration, should be entrusted to a professional lawyer.

As part of the trial, the employee has the right to demand compensation for non-pecuniary damage. Theoretically, any amount of moral damage can be claimed by the plaintiff, however, as practice shows, claims for the recovery of moral damage are satisfied in proportion to the amount of the debt to be recovered and no more.

The following documents must be attached to the claim:

• a copy of the employment contract;
• a copy of the employment order;
• certificate of salary and average earnings of the applicant;
• calculation of wage arrears;
• certificate of accounting on the accrued salary for the period of non-payment;
• other documents.

If the stated requirements are satisfied, the court will issue a writ of execution, on the basis of which the salary arrears can be collected forcibly in the bodies of the Federal Bailiff Service.

Applying to the supervisory authorities or to the court is the answer to the question of what to do if the salary is not paid. Cases of violation of the labor rights of an employee in terms of non-payment of wages are under special control of federal public authorities.

Documents on the restoration of labor rights must be drawn up correctly, taking into account all the nuances of the current legislation. To resolve labor disputes, it is recommended to contact the services of a lawyer whose powers will include:

• preparation of appeals and statements;
• representation in the bodies of the SIT, the prosecutor's office and the court;
• negotiations with the employer, requesting the necessary documents to resolve the dispute;
• consulting assistance;
• interaction with bailiffs in the course of execution of a court decision on debt collection.

As in other civil cases, in such cases the costs of legal fees may be recovered from the defendant - the employer. The basis for the recovery of funds spent on the services of a representative will be an agreement, receipts, checks and other financial documents.

Do you have any questions? Please contact our experts for a free consultation. They will tell you what to do if you do not pay wages, where to go and how to quickly collect wage arrears from an unscrupulous employer.

Last modified: January 2020

The law strictly refers to the fact that the employer does not pay the earned and does not comply with the provisions of the Labor Code in matters of payment. Every employee should remember what to do if they do not get paid. Not always non-payment of wages is associated with the economic difficulties experienced by the organization. Sometimes the reason is the usual bad faith, which allows ignoring the rights of employed citizens.

Since the risk of encountering a dishonorable attitude to the law is always present, it is better to study the issues of what to do if the salary is not paid, and where to complain. If there was a salary delay and the administration speaks of a lack of funds every day, you should know that you can not only receive everything that was not issued on time, but also receive compensation by calling the violator to account before the law

What to do if the employer does not pay wages

According to Art. 352 of the Labor Code of the Russian Federation, the legislation provides for the following options if the employer does not pay wages on time and avoids answering in every possible way:

1. Through self defense.
2. By contacting the trade union, if there is one at the enterprise.
3. Filing a complaint against the employer about non-payment of wages to the labor inspectorate.
4. Trial.
5. Statement on violations of workers' rights to the prosecutor's office.

Before resorting to the protection of the judicial authority and the public prosecutor, it is recommended that if they do not pay wages, they should contact the labor inspectorate and take self-defense measures, which will be discussed separately. Proceedings in court and the prosecutor's office threaten with big problems for the leadership, up to criminal liability. Due to the seriousness of the consequences, the administration is unlikely to want to bring the case to criminal prosecution and will try to resolve the situation out of court.

Temporary termination of duties

In order to properly organize measures for independent influence on the administration of the defaulter, one should adhere to the norms of the Labor Code, namely Art. 142 and art.379.

If they do not give a salary, in response, citizens have the right to suspend the performance of labor duties under the contract. The main thing is to comply with 2 conditions:

• the law allows to stop work after the delay exceeds 15 days;
• so that the administration does not have a reason to dismiss an objectionable employee who intends to call violators to account, a notice of the planned refusal to work should be sent by registered mail to the manager, or personally through the reception, having received a copy of the acceptance of the document for work.

The latter measure will help to distinguish between the usual absenteeism of unruly employees from an agreed and legally permitted measure of self-defense. The administration does not have the right to terminate labor relations with a person who owes wages if the citizen does not go to work under Art. 142 of the Labor Code of the Russian Federation.

To avoid intrigues from the administration, you should act in a clear sequence:

1. Prepare a written notice addressed to the supervisor stating your intention to suspend work due to the fact that wages were not paid on time. The suspension will be in effect until the full repayment of the debt to the person.
2. To organize the confirmation of the fact of the notification, it is made up in 2 copies. On the second document, the secretary puts a mark on acceptance for consideration, indicating the date. It is allowed to send an appeal by registered mail with acknowledgment of receipt. The main thing is that later, if the management tries to dismiss the employee, or exclude the time of suspension of work when calculating salaries, be able to prove that the absence from work was due to the use of a legal measure of self-defense.
3. The period of absence from work cannot begin earlier than the day following the date of service of the notice, and cannot continue after the employer has fulfilled the financial obligations in turn of the person.
4. When you return to work, it is important to check whether the employer has accrued payment for the time of absence from the workplace.

If it is difficult to deal alone with leaders violating the Labor Code, you can act by uniting with other employees. In this case, a collective notice is drawn up, and the entire team does not go to work, retaining the right to pay days off.

In some cases, it is impossible to suspend labor activity even if payment is delayed. The legislation prohibits refusal to fulfill obligations to employees whose labor activity is related to ensuring a safe and comfortable life for the population, including medical care.

If the suspension of work is not prohibited, employees can be anywhere, there is no need to check in at the place of employment.

What compensation can an employee expect in case of a delay

When wages are not paid, a person has the right to claim additional material compensation for non-payment, equal to 1/150 of the rate of the Central Bank of the Russian Federation.

An employer who does not pay extra to his employees and delays payments for a long time will inevitably face impressive amounts of debt, which will only aggravate the financial problems of the enterprise.

If pay is delayed at work, there is no need to specifically hire lawyers and try to recover funds, since the law requires the administration to independently calculate compensation by default. Lack of surcharge will be another violation of the law.

Where to go if you don't get paid

If the company systematically does not pay on time, you should not condone the violator. If a person knows what to do, if they do not give a salary on time, it is not recommended to test the employee’s loyalty, hoping that employees will “be patient”. In the arsenal of legally savvy citizens there is an employment contract and legislation providing for bringing to administrative and criminal liability with the enforcement of obligations in full.

There is another important nuance that is taken into account when planning measures for an enterprise. If the employee agreed to receive a salary in an envelope and, it is difficult to prove the fact of employment and the existence of the right of the claimant. In addition, it may turn out that the employee deliberately went to the deception, allowing the employer not to formalize himself officially.

Labor Inspectorate

If the previous measures of influence did not work, and the employee was not paid a salary, you can complain about the company to the labor inspectorate. To find where to turn if the employer does not pay wages systematically, you should find the department of the supervisory body of the State Labor Inspectorate at the location of the company.

In order to resolve the issue of non-payment, a statement is sent to the inspection in which an employee or several people describe the claims and specific circumstances of violations by the administration of the enterprise.

If it is not possible to come to the inspection on your own, you can file a complaint remotely, through a special online form of communication with the state supervisory authority. The employee has the right to send a written request via mail, by sending a registered letter, not forgetting to indicate contacts for feedback with the applicant.

To facilitate the task of the compilers of the application, you can use the sample to fill out.

It should be borne in mind that the inspection does not consider situations where disputes arose between the parties to the labor relations regarding the amount of debt. Such questions should be considered by the court.

Another important limitation concerns situations with resigned employees who did not wait for payment from the administration. They only have 3 months to file a complaint against the employer. If the contract is terminated due to a delay in payment, it is recommended that, in addition to the labor inspectorate, apply to other authorities, primarily to the court.

Court

The rights of an employee to timely receipt of the amount earned are described in the Labor Code. If there are serious claims against the employer, a citizen has the right to apply at any stage of delay in payments.

To oblige to pay wages through the court, they apply to the authority at the address of the company. When drawing up a claim, it is important to comply with the requirements for documents of this type, describing the situation in detail and formulating the essence of the claims against the defendant.

Before filing a claim, you must specify the exact amount of the debt and indicate how the outstanding debt can be paid. Each non-payment fact indicated in the application must be confirmed by the attached documents - pay slips, contract, any other papers confirming the settlement procedure and the presence of a delay.

During the trial, the judge finds out why the salary is being detained, and determines whether there is a violation of the law. If the employee is going to complain about non-payment after the termination of the employment contract, it is necessary to meet the three-month period. It will be too late to apply 4 months after the termination of the contract.

Bringing the case to court, having a debt to the entire work team, is unprofitable for the employer. The fact is that hired personnel, having united, may demand that the company be declared bankrupt if earnings are delayed for more than 3 months, and the total underpayment exceeded 300 thousand rubles. When planning to punish an enterprise, it should be borne in mind that an enterprise, after declaring bankruptcy by a court, may not pay anything to its staff if the assets are not enough.

Prosecutor's office

Interaction with the prosecutor's office is carried out according to the same scheme as the appeal to the labor inspectorate. The employee signals a violation of the law by officials. If the case of delayed wages is ordinary, then the appeal to the prosecutor is submitted for consideration to the labor inspectorate.

What are the penalties for late payment?

If the employer delays payments, the punishment will be determined by the Code of Administrative Offenses or the Criminal Code of the Russian Federation, depending on the characteristics of the offense. Since the Code of Administrative Offenses does not contain a special article on non-payment of earnings, punishment is determined within the framework of Article 5.27 for violation of the provisions of the Labor Code of the Russian Federation.

As part of the administrative responsibility of employers, punishment in the form of a fine awaits. In case of initial delay, a fine will be charged:

1. For individual entrepreneurs - 1000-5000 rubles.
2. For officials -10,000 - 20,000 rubles.
3. For an organization - 30,000-50,000 rubles.

With a repeated delay in payments to employees, the amounts increase:

1. For individual entrepreneurs - 10,000-30,000 rubles.
2. For officials who committed a violation - 20,000-30,000 rubles.
3. Enterprises are fined 50,000-100,000 rubles.

If there are no transfers to employees for 2 months or more, the violator may be held criminally liable under Art. 145.1.

Within the framework of the Criminal Code of the Russian Federation, violators are expected to be fined up to half a million rubles, or in the amount of 3 years of earnings and all the income of the convict. An official who allowed a delay in transfers to workers for more than 2 months expects a 3-year arrest with a disqualification prohibiting him from working in responsible positions.

When deciding on the fate of the official and measures against the violating employer, the court will proceed from the amount of delayed payments and the duration of the delay.

The state strictly treats those who violated the law by ceasing to pay the earned funds to their personnel, which ensures the conduct of the enterprise's activities. It is enough just to signal to the appropriate authorities about what is happening in the company in order to hold accountable with subsequent sanctions against the company itself and its leaders.

YouTube: please provide correct link

Free question to a lawyer

Do you need advice? Ask a question directly on the site. All consultations are free / The quality and completeness of the lawyer's answer depends on how fully and clearly you describe your problem:

Unfortunately, the problem of non-payment of wages by unscrupulous employers is still relevant. Many managers first of all solve problems with their own profit, only then they deal with the issues of earning employees.

Dear readers! The article talks about typical ways to solve legal issues, but each case is individual. If you want to know how solve exactly your problem- contact a consultant:

It's fast and FOR FREE!

An employee who finds himself in such an unpleasant situation must independently monitor the observance of his right to remuneration.

There are several instances where an employee can apply if a fact of delay, partial or complete non-payment of wages has been revealed.

Russian legislation also provides for sanctions for employers who violate the rights of their employees.

General information

Each company has set specific dates and the issuance of wages and advances to employees.

For many people, even small delays in monthly wages are critical.

Often an unscrupulous employer does not want to make contact with an employee.

If the problem with the delay in wages remains unresolved, the employee must know where to turn if they do not pay wages.

The main goal of the employee in this case is to return the money earned, and the authorized bodies should deal with the sanctions against the employer.

What does the law say?

The Labor Code regulates some issues related to wages:

• establishes that every employee has the right to timely remuneration;
• It states that the employer is obliged to provide workers with wages equivalent to the efforts made.

The term of the monthly payment and its size are established in the Regulations on wages or other local acts of the company.

Where do you go if you don't get paid?

Federal Law No. 59-FZ gives every citizen the right to apply to any state body and receive a response to his request.

To restore his right to remuneration, an employee can apply to the following state authorities:

• to court;
• to the prosecutor's office;
• to the labor inspectorate.

There are no strict forms for applications with which a citizen can apply to the labor inspectorate or the prosecutor's office.

However, it is worth knowing that in state bodies an appeal from a citizen will be accepted only if there is a reason in writing.

You can also get advice from the authority orally, but if you need a result, then you still need to apply in writing. Then the application will be accepted, and a check will be made with further proceedings on the fact of violation of rights.

How long can you delay?

By law, management should not delay the payment of the due amounts to employees even for 1 day. But due to the fact that the responsibility of the employer for such a violation comes from a later time, we can say that the conditional delay period is still present.

This period is stipulated in, it is 15 days from the day when the payment arrears were formed.

What to do?

If the employer has not transferred the money on the appointed day, the employee is advised to wait for the minimum period during which wages can still be transferred without penalties for the employer.

After that, you can proceed to action - contacting the management or the appropriate authorities.

Absenteeism

An employee who thinks where to turn if they do not pay a salary should know that the first instance is his own leadership.

In accordance with the already mentioned Article 142, any employee has the right to self-defense.

Protection of one's own rights in this case consists in refusing to go to work. However, this step is only possible under certain conditions:

1. The delay in payment of wages is 15 days or more.
2. The employee must notify the employer in advance of his intention not to appear at work due to non-payment of wages.

It is important to know that if the employer, in response to an employee's notice of absenteeism, notifies the intention to pay wages, the employee must return to his work duties the next day.

Who is prohibited from suspending work

So, persons employed in the following areas cannot do this:

• civil service;
• hazardous production;
• life support - ambulance, heat supply, etc.;
• government units - armed forces, rescue teams, etc.

Similarly, it is prohibited to temporarily stop their labor duties for employees who are employed in territories with a state of martial law or a state of emergency.

Where to complain?

The choice of authority to which you can apply depends on the specific case. For example, categories of workers who are prohibited from intentionally not going to work can immediately contact the labor inspectorate.

Employees whose unscrupulous employers do not respond to claims about salary delays can also submit a written appeal there.

To the labor inspectorate

As a rule, contacting the labor inspectorate is the most effective way to return your earned money.

In addition, the labor inspectorate option is the most convenient for many workers, because this body was created specifically to oversee the implementation of labor laws.

The Labor Inspectorate accepts applications from citizens about violations of their rights in free form.

In such a paper, it is worth describing the situation, taking into account all the details. But the basis of it will be checked.

If violations are found, the employer will be punished. In addition, employees of the labor inspectorate can assist in drawing up a lawsuit in court.

To court

A lawsuit should be filed with the court if an appeal to the labor inspectorate has not yielded results.

The court will help to return honestly earned funds. The authorities that have the right to do so will deal with the punishment of the culprit.

In addition, the court can request labor. The employer will be obliged to pay it, since he used other people's money. Compensation is calculated for each day of salary delay.

For example, if wages are paid on the 1st day of each month, then if wages are delayed, interest will accrue starting from the 2nd day.

Compensation is calculated as 1/150 of the rate of the Central Bank of the Russian Federation for each day of delay.

To the prosecutor's office

The prosecutor's office is authorized to conduct checks on applications from citizens. This body can also be contacted by persons whose employers withhold wages.

An application to the prosecutor's office can be submitted in person or by mail, by sending a registered letter.

But with a personal appeal, the problem will be solved faster. Statements from citizens against unscrupulous employers are not uncommon in the prosecutor's office.

The paper describing the problem must be prepared in duplicate. One of them should be given to an authorized employee, and the second should be left with you.

The application is made in the standard form:

• at the top is a header containing the full name and contact details of the applicant;
• the main part describes the situation;
• at the bottom of the document is the date of submission of the application and the signature of the applicant is left.

When applying to the prosecutor's office, it is necessary to provide evidence of the fact of non-payment of wages. It is better if there are witnesses among colleagues who can confirm the words of the victim.

It is important to know that misrepresentation of facts is punishable.

Required documents

The main document when filing a complaint against an unscrupulous employer with the appropriate authorities is a statement.

It is necessary to provide other documents, if any, confirming the fact of non-payment of wages to the employee.

Nuances

There are some nuances regarding the upholding of the rights to remuneration. One of them concerns foreign workers. Where do they go in case of salary delays?

Labor relations of this category of workers are also regulated by the Labor Code of the Russian Federation. Therefore, they, like other employees, can defend their rights in the same instances.

After dismissal

Upon dismissal, the employee claims to receive:

• wages for the last month worked;
• compensation for unused vacation;
• in some cases, severance pay.

If the employer did not deal with the employee upon his dismissal, then the latter has the right to apply to the same authorities - the court, the prosecutor's office, the labor inspectorate.

However, the basis of the appeal should be formulated somewhat differently, in accordance with the situation.

When informal

Many employees are with employers. Therefore, with delays in monthly payments, they have a reasonable question: where to turn? The situation is complicated by the fact that there is no documentary registration of employment in this case.

The worker must apply to the court. After the existence of an employment relationship is proven in court, a claim can be filed to satisfy the requirements for payment of wages.

However, there is no 100% guarantee that the court will recognize the employment relationship as official.

Work at IP

The same labor laws apply to individual entrepreneurs as to other employers.

Therefore, in case of non-payment of monthly wages from an individual entrepreneur, an employee should follow the same algorithm of actions:

1. Contact the employer directly.
2. If the appeal has not yielded results, file an application with the labor inspectorate.
3. Use the help of the court and the prosecutor's office.

Employer's responsibility

Penalties for unscrupulous employers are set out in the Code of Administrative Offenses and the Criminal Code of the Russian Federation.

However, there are good reasons for delays in payment of wages. These include circumstances that do not depend on the will of the employer.

If such a situation exists, then the employer will be obliged to pay compensation for the days of delay. In this case, he is not involved in imprisonment. However, he may be subject to administrative liability.

The legislation does not provide for ways in which an employer can avoid paying compensation. But he can get rid of criminal and administrative responsibility.

Penalties

In 2020, the delay in monthly wages is punishable by the following sanctions:

1. Officials undertake to pay a fine in the amount of 10-20 thousand rubles.
2. For individual entrepreneurs, the amount of the penalty is 1-5 thousand rubles.
3. Legal entities will be required to pay a fine of 30-50 thousand rubles.

If the fact of a repeated delay in wages is revealed, then the amount of the fine increases and amounts to:

1. For officials - 20-30 thousand rubles.
2. For individual entrepreneurs - 10-20 thousand rubles.
3. For legal entities - 50-100 thousand rubles.

If the employer does not pay the full amount of the debt to the employee within 2 months, then the following penalties are provided for him:

1. Imprisonment for up to 5 years. At the same time, the convict is deprived of the opportunity to occupy a similar position or conduct certain activities during a specific period.
2. Fine in the amount of 100-500 thousand rubles.
3. Loss of income or salary for 3 years.

On the video about actions in case of salary arrears

APPLICATIONS AND CALLS ARE ACCEPTED 24/7 and 7 days a week.