On the day the employee ceases to work, the company management undertakes to provide wages and compensation. However, not everyone strives to comply with the law.
Dear readers! The article talks about typical ways to resolve legal issues, but each case is individual. If you want to know how solve exactly your problem- contact a consultant:
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What should Russian citizens do in such a situation? How to achieve justice?
What does the law say?
Required payments and compensations
The employee should be aware that full payment is made on the day of official termination of employment.
He should receive:
- salary for actual time worked;
- payment for unused rest days;
- severance pay (provided in cases provided for by law).
Wages are calculated based on the period worked and the amount of salary due for the last month of work.
The following formula will help you:
Salary=(Salary)/N1*N2,
Salary – salary accrued for time worked in the current month;
N1 – number of working days in the current period;
N2 – number of fully worked days.
You can also recover due payments from an informally employed employee; the main thing is to begin protecting your rights as soon as possible.
Feature: in court you will need to prove the existence of an employment relationship.
They will help you:
- witness statements;
- documents signed by you (checks, invoices).
The employee has the right to recover not only all due payments, but also penalties for each day of delay..
To successfully resolve the situation, you will need certain knowledge of Labor legislation, so it is advisable to use the services of a competent lawyer.
Where to contact?
Now let's figure out where to go if you haven't been paid your salary upon dismissal.
Based on Law No. 59-FZ “Procedure for considering issues of citizens of the Russian Federation,” employees can solve the problem with the help of government agencies.
If you want to really solve the problem associated with the delay in payment after dismissal, you need to make an appeal in writing.
The main requirement is the reliability and maximum amount of information necessary for an objective assessment of the current situation.
Labour Inspectorate– an effective and convenient way to solve the problem. The purpose of the organization is to control the implementation of the requirements of the Labor Code of the Russian Federation.
Authority:
- receiving and considering citizens' complaints;
- information regarding labor rights;
- consideration of offenses, bringing the perpetrators to justice;
- criminal proceedings.
The application to the inspection is drawn up in any form (a sample is presented below):
In addition to the labor inspection, prosecutor's office vested with sufficient power to control the implementation of the legislation of the Russian Federation.
Non-payment of wages is a gross violation that entails unpleasant consequences for the employer.
Court– when contacting the bailiffs, you will need to not only state your demands, but also justify them.
To do this you need a certain package of documents:
- statement of claim of the established form;
- photocopy of the employment order;
- photocopy of the work book;
- certificate of unpaid salary;
- other.
If the company refuses to issue the necessary documents, the prosecutor's office or labor inspectorate will help you.
Disputes can be resolved no later than three months after receiving a copy of the order or work record book.
Employer's liability
Delay in payment to a dismissed employee provides for different types of liability:
- Material (Article 236 of the Labor Code of the Russian Federation)– the employer provides an amount of 1/300 of the refinancing rate of the Central Bank of the Russian Federation of the total debt. Payment is made for the period from the date of dismissal until the actual payment.
- Administrative (part 1 of article 5.27 of the Administrative Code). Provides for a fine of 1000-5000 rubles. for officials and individual entrepreneurs, legal entities are required to pay 30,000-50,000 rubles. If there is a repeated violation, these amounts increase and the activity may be suspended.
- Criminal (Article 145.1 of the Criminal Code of the Russian Federation)– occurs if the debt lasts more than 2-3 months. The violator faces disqualification, a fine of up to 120,000 rubles, forced performance of work, and imprisonment from 1 to 5 years.
If wages are delayed, experts advise the dismissed employee to immediately go to court, and also to simultaneously write a complaint to the labor inspectorate and the prosecutor's office.
It is necessary to prepare an order to vacate the workplace and written testimony of witnesses.
When contacting government authorities, especially the court, the main requirement is to comply with the deadlines for filing a claim.
If it turns out to be more than a month, it is more difficult to restore justice. But the court may take into account valid reasons why it was not possible to contact the justice authorities on time.
When solving problems related to prolonged non-payment of wages, the employee has the right to demand indexation of the debt to the level of current inflation.
Management can be held criminally liable only if the delay was caused by personal interest. Another important condition is the presence of evidence of the use of funds allocated to pay employees for other purposes.
If the employer does not want to pay money on time after dismissal or delays resolving the issue indefinitely, immediately contact the justice authorities.
Experienced specialists will help solve the problem and compensate for the damage caused.
Attention!
- Due to frequent changes in legislation, information sometimes becomes outdated faster than we can update it on the website.
- All cases are very individual and depend on many factors. Basic information does not guarantee a solution to your specific problems.
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According to the law, the employer is obliged to pay wages to his subordinates twice a month. In this case, it is necessary to adhere to the specific deadlines that are specified in. But not all bosses comply with these conditions and issue funds to employees untimely.
If your salary is delayed - what to do, where to go?
Dear readers! Our articles talk about typical ways to resolve legal issues, but each case is unique.
If you want to know how to solve exactly your problem - contact the online consultant on the right or call free consultation:
Worker's rights when wages are delayed
How many days can wages be delayed? Based Article 142 of the Labor Code In the Russian Federation, the employer is allowed to delay the issuance for fifteen days, but nothing more.
If this period has passed, then the worker can freely defend his rights. He may, for example, not go to work until he receives his earned money. But for this you need to inform the employer in writing.
A worker can draw up a document containing demand for payment of arrears of wages, and send it to the manager. It is necessary to fill out the application in two versions: one is sent to the manager, and on the second, let him put his signature and this copy remains with the employee as proof that the employer was aware.
If the manager does not want to accept the application or sign, then the employee must send the document by registered mail with notification, as well as a description of the attachment.
At the time of suspension of his duties, the worker may be absent from work.
At the same time, the employee’s salary remains at the average size.
If the employee was not at work during this period, then he will have to resume his work activity when the the next day after receiving the message from the manager about the transfer of delayed funds on the day the worker returns to work.
If the employer does not want to pay wages on time, then this circumstance falls under the Article 5.27 of the Code of Administrative Offenses of the Russian Federation.
This punishment is not considered too severe, but if the employer commits it a second time, he will pay up to twenty thousand rubles. In addition to the fine, officials will not be able to serve as managers for three years. For legal entities, penalties also increase, and in this case will be equal to seventy thousand rubles.
To oblige a manager to bear administrative responsibility, you need to go with an application to the labor inspectorate the area where the organization is located. You can also issue a fine through the court.
If a manager does not pay wages to his employees for more than three months, then criminal liability follows, that is, imprisonment for up to five years.
What should an employee do?
An employee who is not paid for a certain period can immediately begin to protect his interests.
A worker can go and complain to the labor inspectorate the area where the organization is located.
This must be done at the very beginning of the employer’s violation, so that wages can be received faster.
You must write to the labor inspectorate statement, which is drawn up in any form. At the same time, the document must mention certain violations of worker rights. This violation includes untimely payment of wages, as well as the period of delay and the due amount.
If everything remains unchanged at the end of 15 days, then the worker may, by law, not perform his job duties until the violation is corrected. In this case, it is necessary to inform the employer about this fact, and in confirmation of your rights you can present Article 142 of the Labor Code.
It must be remembered that civil servants and those workers who work with dangerous equipment cannot stop their work, as well as if the work is related to maintaining the vital functions of citizens.If an employee decides to suspend the performance of his official duties, he can immediately write an application to the court to collect the salary debt from the manager, as well as compensation for its failure to pay on time.
Before filing a claim, you need to determine whether wages have been accrued. This is necessary for the reason that if there are no controversial issues regarding the existence of a debt, then there will be no court hearing, because a writ of execution will be issued immediately after the application.
If the employer delays payment of wages for three months, then the employee can write a statement (complaint) to the police or the prosecutor's office. In this case, the violation is determined by Article 145.1 of the Criminal Code.
Download a sample application to the prosecutor's office for free.
Where can I complain about late wages anonymously?
If an employee wants to write a complaint about non-payment of wages on time, and at the same time remain anonymous, then this can be done. To do this, you need to contact the labor inspectorate and ask for confidentiality.
At the same time, the manager will not be informed of the name of the employee who filed a complaint against him.
If the inspector violates the confidentiality rule, the employee can sue him.
Salary was delayed - what to do? Watch the video clip:
I have been employed since November 10, 2014 in a company whose legal address is in the city of Kotelniki, Moscow Region (physically until mid-December I was at the legal address, now physically moved, as far as I know, to Domodedovo). I myself am registered in Perm; temporarily, due to work, I live in Yekaterinburg without registration. Work without specifying a specific workplace in the employment contract. I did not sign the job description (there was none), the plan and criteria for completing the probationary period (according to the contract: 3 months) were not signed (there was none). I don’t have the original employment contract endorsed by the employer, I only have a photo of the form with my signature - they promised to issue it later, but didn’t have time. On 12/08/2014 it was unofficially reported that the owner, general director, and heads of some departments had changed. From that same day, corporate e-mail stopped working, and a little later, corporate cellular communications. The employer's administration did not contact me either officially (corporate communication channels, postal correspondence with receipt of receipt) or unofficially.
As proof of my employment relationship, I can provide:
An extract from the bank about the employer transferring funds to a personal salary card (a “salary project” card of the bank for my employer’s employees);
Original boarding passes of airline tickets purchased by my employer by bank transfer for a business trip (there are no originals of the order, official assignment, travel document with marks on hand);
Upon request to hotels, I can provide data on accommodation paid by bank transfer by the employer;
Photos of the employment contract signed by me, without an employer visa.
From 10.12 my colleagues began to be “squeezed out”, forcing me to write a letter of resignation of my own free will. For those who wrote such a statement, the debt for December + for unused vacation was paid and the work permit was issued very quickly. This policy of the new management is due to the fact that several departments providing one of the areas of activity want to liquidate and close this area, focusing on another. There are rumors that the assets will be withdrawn and the company will go bankrupt.
For those who did not write an application, the advance was not issued (the dates for the accrual/payment of monthly advances and the final payment according to internal local regulations are not known to me, the accounting department does not contact us), using non-payment as a lever for squeezing out (“as soon as you quit, we’ll pay for everything right away ").
Officially they don’t want to lay us off.
Considering the above, please help me decide:
Which court should I file an application for collection of unpaid wages (I know that there are different ones: arbitration, arbitration, etc., which one do I need)?
Where should this court be located - at the place of my registration or at the place of registration of the enterprise?
What is the best way to file a claim - individually or collectively?
How can I find out the current legal address of the employer’s organization, given that the administration does not make contact?
Which prosecutor's office and labor inspectorate should I apply to - at the place of my registration or at the place of registration of the employer?
Could you recommend a sample application, post a link or the sample itself?
The company has been delaying payment of salaries to employees for a month now. In this case, can workers stop going to work? Can an employer fire employees for absenteeism? If the employee does not go to work, will he be paid for the time of his absence if the employer still does not pay and the employee decides to go to court?
An employee who is not paid a salary can use self-defense (Article 379 of the Labor Code of the Russian Federation). This means that if the payment of wages is delayed for more than 15 days, the employee has the right, by notifying the employer in writing, to suspend work for the entire period until the delayed amount is paid (Part 2 of Article 142 of the Labor Code of the Russian Federation). The procedure for applying this norm was explained by the Russian Ministry of Labor in letter dated December 25, 2013 No. 14-2-337. Internal labor regulations establish the days for payment of wages. If wages are not paid for more than 15 days after the due date, then on any day after that the employee has the right to suspend work.
An employee who has suspended work in self-defense cannot be fired for absenteeism - Part 3 of Art. 142 of the Labor Code of the Russian Federation directly provides for the employee’s right to be absent from the workplace in this case. True, in order to suspend work, the employee must comply with formal requirements - notify the employer of his decision in writing. There are no additional requirements for notification - the main thing is that it be in writing. Thus, in one case, an employee was delayed in paying his salary, and after 15 days he sent an application to the employer to suspend his work. And after some time, the employer issued an order to dismiss the employee for absenteeism. As a result, the employee went to court with demands to declare his dismissal illegal, reinstate him at work and collect compensation from the employer for the period of downtime due to the delay in payment of wages, as well as for the period of forced absence until the date of the court decision. As evidence, the employee presented the court with a copy of the application sent to the employer. The court of first instance rejected the claim on the grounds that the employer’s incoming correspondence log did not contain a record of the receipt of the said application. But the appeal did not agree with this decision, because on the copy of the application submitted by the employee there was a stamp indicating that the application had been received by the employer and its registration under the incoming number (Appeal ruling of the Khabarovsk Regional Court dated June 24, 2015 in case No. 33-3747/2015).
There is another interesting nuance in suspending work due to delayed wages - an employee has the right to suspend work also in the case when his salary is paid on time, but not in full. This happened in one case, when an employee was reinstated by the court in a higher-paying position, but he was never compensated for the difference in salary. The court recognized the suspension of work in such a situation as lawful (Appeal ruling of the Perm Regional Court dated March 24, 2014 in case No. 33-2483-2014).
As for the amount of payments for the period of delayed wages, from Art. 236 of the Labor Code of the Russian Federation it follows that in case of delay in payment of wages, the employer is obliged to pay it with interest (monetary compensation) in the amount specified in the article. The amount of monetary compensation paid to an employee may be increased by a collective agreement.
Thus, the employer’s financial liability for delayed payment of wages involves not only compensation for the earnings not received by the employee, but also the payment of additional interest (monetary compensation). This measure of employer liability occurs regardless of whether the employee exercised the right to suspend work. At the same time, since the Labor Code of the Russian Federation does not specifically provide otherwise, the employee has the right to maintain average earnings for the entire time of delay in payment, including the period of suspension of his work duties.
Based on the above, an employee who is forced to suspend work due to a delay in payment of wages for a period of more than 15 days, the employer is obliged to compensate the average earnings he did not receive for the entire period of its delay with the payment of interest (monetary compensation) in the amount of not less than one three hundredth of the current amount at that time. refinancing rates of the Central Bank of the Russian Federation for each day of delay starting from the next day after the established payment deadline up to and including the day of actual settlement (letter of the Ministry of Labor of Russia dated December 25, 2013 No. 14-2-337). Conditions for the payment of average earnings for the period of suspension of work in Art. 142 of the Labor Code of the Russian Federation, but judicial practice is consistent with the position of the Ministry of Labor of Russia (see, for example, the Appeal ruling of the Omsk Regional Court dated September 16, 2015 in case No. 33-6522/2015).
during periods of martial law, a state of emergency or special measures in accordance with the legislation on a state of emergency;
in the bodies and organizations of the Armed Forces of the Russian Federation, other military, paramilitary and other formations and organizations in charge of ensuring the country's defense and state security, emergency rescue, search and rescue, fire-fighting work, work to prevent or eliminate natural disasters and emergency situations, in law enforcement organs;
civil servants;
in organizations directly servicing particularly hazardous types of production and equipment;
employees whose job responsibilities include performing work directly related to ensuring the life of the population (energy supply, heating and heat supply, water supply, gas supply, communications, ambulance and emergency medical care stations).
For your information
An employee needs to be careful with the suspension of work if we are talking about payments that the employer does not recognize for him, for example, a bonus. Thus, in one case the court directly stated that Art. 142 of the Labor Code of the Russian Federation does not allow an employee to suspend work if he has a dispute with the employer regarding the amount of wages, since the employee’s rights in this case can be restored in court (Appeal ruling of the Supreme Court of the Komi Republic dated 08.08.2013 in case No. 33-4178 /2013). In other words, if there is a dispute between an employee and an employer regarding the amount of amounts to be paid, until the court makes a decision on this dispute, suspend work on the basis of Art. 142 of the Labor Code of the Russian Federation is not necessary for the employee.
If your salary is delayed, what to do, where to go. How long can wages be delayed? What is the employer's liability for late payment of wages?
Delayed wages: what to do, procedure for calculating compensation. What to do if your salary is delayed? The prosecutor's office, the Federal Labor Inspectorate and the court often receive complaints from employees whose rights and legitimate interests are violated by the employer. The basis for drawing up statements is a delay in the calculation of wages. Current legislation compares non-payment of wages with forced labor, therefore the rights of workers are protected by government agencies.
(click to open)
Procedure for delaying wages
The main condition for employees who want to receive their due wages is compliance with the established procedure. In this regard, it is important to know what to do if your salary is delayed.
Let's briefly look at the procedure:
- Contact your employer. It is carried out in writing if the delay in payment is more than 15 days. A self-defense measure is absenteeism from work, refusal to perform a job function specified in the prisoner.
- Contact the Federal Labor Inspectorate. The application is made by drawing up an application, on the basis of which a check is carried out. If sufficient grounds are found, the employer is held accountable and the employees are paid the debt.
- Contact the prosecutor's office. It can be done by personally visiting the prosecutor’s office or sending an application by mail in the form of a registered letter with notification.
- Going to court. It is the final authority for resolving labor disputes. The drawn up claim must contain demands for payment of wages and penalties for the delay.
Fact
Applications to the listed supervisory authorities and the court can be submitted by one person, a group of employees or the entire work team.
Contacting the prosecutor's office
Another government body that workers can turn to if they don’t pay their wages is the prosecutor’s office.
Important
It is important that the employer’s liability can be different - administrative or criminal (depending on the amount of debt).
Procedure for contacting the prosecutor's office:
- Contact the department located at the employer’s place of registration or the applicant’s residential address.
- Clarification of the full name of the duty officer and his office number. You can contact the department's assistant or deputy prosecutor directly.
- Statement of the essence of the problem that has arisen. Clarification of the circumstances of the case, attempts at a preliminary resolution of the dispute.
- Drawing up a written application in the presence of an employee of the prosecutor's office.
Another way to contact the prosecutor’s office if you are not paid upon dismissal is to independently file a complaint and send it for consideration by mail in the form of a registered letter. A significant disadvantage of this procedure is the inability to be sure of the correctness of the application.
Submitting the case to court
The final authority that employees need to turn to in case of non-payment of wages upon dismissal is the court. The purpose of a court resolution of a dispute is not to punish the employer, but to return the money earned.
The statement of claim submitted for consideration must contain the following requirements for the defendant represented by the employer:
- Repayment of debt in full;
- Payment of compensation for delayed wages.
Fact
Penalties for delayed payment of wages are assigned in the amount of the established refinancing rate of the Central Bank of the Russian Federation (10.5%).
Of course, most employees will not contact supervisory authorities if the delay in payment is 1-2 days, but theoretically this is possible. Moreover, they can seek compensation for delayed wages.
Salary payment deadline
The timing of wage payments is established by an employment contract concluded between the parties (employee and employer). However, this period cannot be less than 2 times a month.
Compensation formula
The legislator establishes a formula according to which the calculation is made:
The minimum amount of compensation = the rate established by the Central Bank of the Russian Federation * the amount of delayed earnings / 300 * the number of days of delay.
Important
If the refinancing rate changed during the period of delayed wages, then the calculation is made for each period depending on the number of days that make up them.
The Labor Code of the Russian Federation provides only a minimum amount of compensation. The internal rules of a particular organization or a collective agreement may provide for other amounts for accrual and calculation of penalties.
It is important to consider several important nuances:
- The compensation paid is not included in income tax expenses (including under the simplified tax system);
- Penalties are not subject to personal income tax;
- Insurance premiums are paid from compensation. The procedure for their calculation and payment is established at the legislative level.
The regulatory framework for the issue under consideration regarding the payment of penalties is: Letter of the Ministry of Labor No. 14-4 of 2014, Art. 217 of the Tax Code of the Russian Federation, Federal Law No. 212 of 2009.
Employer's liability for delayed payment of wages
An employer who does not pay wages to employees will be held accountable on the basis of the norms contained in codified sources - the Criminal Code of the Russian Federation or the Code of Administrative Offenses of the Russian Federation.
Responsibility for managers who for the first time fail to fulfill their obligation to pay wages is contained in Art. 5.27 Code of Administrative Offenses of the Russian Federation (varies depending on status):
- are held liable to pay a fine, the amount of which will range from 1,000 to 5,000 rubles. (in the presence of special circumstances, replaced by a warning).
- For persons registered as a private entrepreneur - payment of a fine from 1,000 to 5,000 rubles.
- For legal entities persons are assigned a payment from 30,000 to 50,000 rubles.
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