Where to apply if you do not pay wages. Non-payment of wages - what to do an employee

Labor legislation in Russia fully supports the interests of the employee, protects his rights, including guarantees timely wage. But despite this, there are situations when the company delays payment. What if you do not pay a salary? An employee whose right to pay labor was broken, has several tools to resolve the dispute.

For how long will the employer delay salary?

The TK RF determines that the salary employee must be paid on time. The date of transfer of funds is established by internal acts of the company, but must comply with the requirements:

• at least two times in a month;
• equal time interval between payments.

If the established period is violated when money must be issued, it is believed that the employee's right is violated and the employee receives the possibility of applying actions to protect its interests.

According to labor law, there is not a single legitimate basis for delaying payment. That is, there is no such legitimate period by which the employer can delay the employee's salary. This does not affect the availability of funds in the employer's account, no vacation or employee disease.

If you delay the salary where to contact?

A citizen should know what to do if they delay the salary to seek what to demand and what compensation can be obtained. As in civil disputes, a judicial and pre-trial way to resolve the dispute can be used, but there is no condition for the application of pre-trial settlement attempts. If you wish, you can immediately file a claim.

So, if you do not pay the salary, you can complain:

• to the Commission on Labor Disputes;
• in labor inspection ();
• to the prosecutor's office ().

Also, each employee has the right to receive monetary compensation. Read more about the procedure for the provision and amount of compensation payments, read in the article. The right to compensation is integral, it is impossible to refuse him and the direction of complaints or the claim does not affect this.

Complaining right

What to do and where to complain if you delay the salary, many know about it. But it is important to know how to make up and send a complaint so that it is not rejected and verifying the activities of the organization and persons who admit a violation of labor legislation has been verified.

Remember that the anonymous complaints of labor inspection or the prosecutor's office does not consider.

Many are afraid to complain if the employer does not pay a salary, just because of the need to identify his identity. These concerns are groundless. According to the law, when conducting an audit of the company's activities, the prosecutor's office or the work inspection does not have the right to disclose the one who sent the complaint.

For 2016, a unified form of complaint was not introduced, therefore text is compiled in free form, in compliance with the general requirements for paperwork. You can also send a complaint and in the telephone mode, but in accordance with the procedure for responding to citizens' appeal, only written requests are subject to compulsory consideration.

Suspending work - exit?

If the employer does not pay salary over 15 days, the employee is legal right to suspend its activities. But his decision will require writing to notify management. For the period of suspension, the employee receives the right not to be at work, but at the same time it is paid in the amount of average income. The suspension period is determined by the duration of the delay, that is, it will be necessary to return to the workplace after the company will pay off the debt to the employee. But not everyone has a suspension of work.

Some categories of workers cannot suspend their activities. This, for example, civil servants engaged in dangerous persons, emergency workers. It is not permissible to stop working if the emergency mode is entered.

What if you don't pay a black salary?

Although the employer has no right to attract workers without issuing an employment agreement, but the salary "in the envelope", unfortunately, is not uncommon. What if you don't pay a black salary? How to prove that in general it is paid, because the employment agreement is not issued?

It is worth knowing that the actual admission of an employee to work is the basis for the conclusion of the agreement. Therefore, the fulfillment of work on behalf of the head or an authorized person means the presence of labor relations.

An employee can contact the prosecutor's office or the labor inspection by providing evidence of labor activities in a particular company. Sanctions will be applied to the employer as for the salary debt and reluctance to issue an employment contract.

Trial

If all the peaceful ways to solve the conflict have been exhausted, it did not work with the employer, it will be necessary to apply to the court. The failure of salaries on time gives the right to file a lawsuit immediately, as the debt has come and before the expiration of the limitation. Funding is 3 months. If an employee continues to work for more than three months from the beginning of the wage delay, then the term is not skipped, although it starts from the next day after the date of the alleged payday payment. If the employee quit, the statute of limitations - expires no later than 3 months after dismissal.

The term is not interrupted if the complaints are filed and the proceedings are open in other controlling or supervisory bodies. It is possible to restore the period if it was missing for a valid reason, for example, a severe illness of the plaintiff.

Plus appeals to court - in case of victory, and the courts predominantly support the side of the employee, a citizen can receive not only the sum of unpaid salary and monetary compensation, but also compensation for moral damage. Judicial practice is focused on the decision of the Plenum of the Armed Forces of the Russian Federation of March 17, 2004 No. 2. The approximate amount of moral damage compensation for labor disputes - 5000 rubles.

For such a gross violation of labor legislation, as a delay in the payment of salary, strict sanctions are provided, more in the article. The legislator provided an employee of the path for self-defense, the citizen is enough to implement them if arrears arose.

Lawyer of the Board of Legal Protection. Specializes in the conduct of affiliates related to labor disputes. Protection in court, preparation of claims and other regulatory documents into regulatory authorities.

Despite the many guidelines that should protect the managers working from the arbitrariness, cases of detention of wages - a frequent phenomenon in our lives. There were various forms of ownership and payroll methods. Ignorance of laws makes worker vulnerable. Where to apply if you do not pay a salary, consider below.

What is considered to be a salary delay

Labor Relations regulates Labor Code. Therefore, we will disassemble the rights of the work, with the indication of specific legal documents. When the applicant is arranged to work, it concludes an employment agreement with the employer. The basis for the contract is an application for the name of the head, where the right to work in the enterprise is requested. During the study of documents and personal interview with the head, the place of work is determined, a fee for work.

The verbal contract must be issued in writing, through the employment agreement, the contract, the order of admission to work and the employment contract, these documents confirm the wages and issuing it 2 times a month on certain days, article 136 of the Labor Code of the Russian Federation. Based on this document, any non-payment of wages on the specified days is a delay that can be appealed. Where to complain if you do not pay a salary?

In all legal clarifications, the delay is considered if they do not pay a salary over 15 calendar days. Such a definition is given by the Labor Code, while it confesses with his article. But in practice, all other actions come from the fact that at the time of detention passed more than 15 days. If you do not pay a salary, what to do?

Actions workers

Working in the team, it is unlikely that someone wishes to spoil the attitude with the leader, immediately resorting to legitimate measures of impact. Therefore, practiced sequencingIf the employer does not pay a salary:

When contacting the head with the question, why not paying the salary, can be clarified important circumstancesIn which the workers show solidarity with the leadership and will agree to suffer and continue to work. At the same time, they will receive information about the prospect of payments and will be able to plan their expenses. If the delay occurred once, the conflict will be exhausted.

At the same time, when they do not pay a salary at the enterprise with a developed structure and a large team, you can contact a statement - do not pay a salary, what to do, to the Commission for Labor Disputes. Such an organ exists at each enterprise. It is created with the participation of the trade union organization and an equal number of representatives of the workers and administrations. The head of such education is the representative of the administration, appointed by the order of the director.

Submitted in the conflict situation a statement that we do not pay, do not pay salary, is considered on ten-day deadlines And be sure to execute the administration within three days. Later, a job dispute appealed for consideration and not received a positive result is a certificate for an application for judicial bailiffs.

Suspension of employment

In the event of non-payment of earned money for a crescent, the working man has the right to suspend its activities even without the emergence of the service. For this purpose write an application to the director On the suspension of its work for the indicated reason. But before leaving the workplace, you should make sure that the director has received and familiarized himself with him, and the duplicate of this document should be on hand with data about finding it in office work.

Entry on the path of conflict with the employer requires to collect copies of all documents that you will exchange. In the future, the proceedings in supervisory and judicial bodies that are focused on documentary confirmation of claims. So, you do not go to work in anticipation of payment of earnings for the last period. But, without working, you are under the protection of the law and have the right to receive payments and during the suspension of activities. Supreme Court of April 1, 2011 gives an explanation that in this case article 234 of the Labor Code of the Russian Federation applies.

Having received a notice from the employer that you are ready to pay the debt, the next day you are obliged to start work. While you are not fired, you can apply for earnings, even being at home.

Do not have the right to leave their jobs those associated with state duties, military debt and law enforcement agencies. In addition, universal economy cannot be left without ensuring jobs on dangerous industries. This category of citizens is offered to solve their rights to immediately apply to a lawsuit against the court, without leaving the workplace or dismiss.

Appeal to the Labor Inspection and Prosecutor's Office

State Labor Inspection is designed solve conflict in the team Between the workers and the leader. It has the right to impose significant fines on managers who are not paying wages and even suspend the activities of the enterprise. She also has the right to go out with a lawsuit in court on the case of which an employee's appeal received. She and herself has the right to appoint debt payment or disqualify the head as a professional, for 2 years.

Statement to the State Labor Inspection Served in the established form and indicate in it:

• the full name of the Labor Inspectorate, in which the appeal is received, its address;
• the proposals of the enterprise to which the complaint comes with the full indication of its codes and legal data;
• full data on a facial person;
• appeal essentially.

The application should be documents on debt from accounting and other documents confirming the employee's complaint. Usually at this stage, the head finds a way to pay off the complainant before the onset of full investigation and penalties.

The prosecutor's office may carry out supervisory actions, Investigating the legality and materials to transfer to the judicial authorities. However, the prosecutor's office has expanded functions and one employee, it is unlikely to help, understanding in general why violation is allowed.

Appeal to the judiciary

An employee may apply to the court, bypassing all the other instances, and the statement of claim will be made even without paying the duty. But in the case of registration of documents for the court proceedings, it is better to resort to the help of a lawyer, since documents will need to collect much and they are not always readily issued in the enterprise, knowing, for what purpose they are required. Moreover, as a rule, legal services The Court of Legal Services decides to recover from the defendant.

Required collect package of documents:

• statement of the established form;
• copy of the employment record;
• a copy of the order of admission to work;
• help from the accounting of the average earnings;
• calculation of debt on its own and certificate from debt accounting;
• Other documents that will ask the judge during the process.

As a result of the court decision, the plaintiff will have the opportunity to receive wages and a premium with a percentage accrued on these amounts for the delay in payments. The plaintiff, in case of his dismissal, compensation payments will be paid, including the unreacted work. You can get compensation for moral damage and recovery at work during illegal dismissal.

If the court determines the intentional actions of the employer at non-payment of salary, then it may be waiting pursuit of Article 145.1 Criminal Code of the country. Punishment assumes both loss of freedom and a fine to half a million rubles depending on the circumstances.

How to get sn in small entrepreneurs and sip

In the case of working in conditions when legal relations are governed by non-legal documents, and oral treaties to prove material claims to the employer only in court. This will require any evidence, right up to testimony and bank card, which means of funds.

This part of the employees is not protected and when issuing wages in envelopes and prove material claims It is fully rarely represented. Therefore, while maintaining labor relations with the employer, it needs to collect documentary information about its work. Even a photograph of the workshop of the workshop at the defendant can serve as a confirmation of labor relations.

If enough evidence, the court usually takes the side of the plaintiff, and the unfair employer is additionally waiting for fines or suspension of activities for a certain period.

According to the legislation, the employer is obliged to pay his subordinate salary twice a month. At the same time, it is necessary to adhere to the specific deadlines that are written in. But, not all supervisors comply with these conditions, and give cash to employees inexpressive.

In the event that the salary is delayed - what to do where to contact?

Dear readers! Our articles tell about typical ways to solve legal issues, but each case is unique.

If you want to know how to solve exactly your problem - contact us through an online consultant to the right or call by phone free consultation:

Worker's rights when delayed wages

How long can you delay the salary? Based Articles 142 of Labor Code Russian Federation to the employer is allowed to delay issuance for fifteen daysBut no more.

If this time passed, then the worker may freely defend its rights. He may, for example, do not go to work until he gets his earned money. But for this you need to inform the employer in writing.

Worker can arrange in which it contains requirement for paying debt, and send it to the head. It is necessary to place a statement in two versions: one is sent to the head, and in the second, let him put his signature and this copy remains from an employee as evidence that the employer was aware.

If the head does not want to accept a statement, as well as put his signature, then the employee must send a document by registered letter with notice, as well as the description of the investment.

At the time of suspension of their fulfillment, the worker may be absent at work.

At the same time, the employee's salary remains in an average of size.

If the employee was not during this period at work, then he will have to resume his career when it comes the day after receiving the messagefrom the head about the transfer of detainees on the day of the exit worker.

If the employer does not want to pay salary on time, then this circumstance is subject to articles 5.27 of the Code of Administrative Code.

Employer will have to pay finewhich ranges from a thousand to five thousand rubles. If it comes to a legal entity, then it provides a fine of up to fifty thousand rubles.

This punishment is not considered too strict, but if the employer will make it a second time, he will pay up to twenty thousand rubles. In addition to the fine, officials will not be able to be leaders for three years. For legal entities, penalties are also increasing, and will be equal in this case to seventy thousand rubles.

To oblige a manager to carry administrative responsibility, you need to go with a statement in the labor inspection of the area where the organization is located. Also write a fine throughout the court.

If the head does not pay the salary to its employees for more than three months, then it follows criminal liability, that is, imprisonment under five years.

What to do an employee?

An employee who does not pay salary in a certain period may immediately begin to protect its interests.

Worker can go complain in labor inspection of the area where the organization is.

This must be done at the very beginning of the employer's violation, thereby paying the salary will be faster.

In the labor inspection it is necessary to write statementwhich is drawn up in arbitrary form. At the same time, the document needs to mention certain violations of the rights of the worker. This violation is the late payment of wages, as well as the delay period and the amount.

If everything remains unchanged on the outcome of 15 days, then the worker may, according to the law, do not fulfill its job responsibilities until the violation is corrected. At the same time, it is necessary to inform about this fact of the employer, and in confirmation of its rights can be submitted article 142 of the Labor Code.


It must be remembered that civil servants and those workers who are engaged in hazardous equipment cannot stop their career activities, as well as if the work is related to the maintenance of the vital activity of citizens.

If the employee decided to suspend his official duties, he can immediately write a statement to the court for recovery from the head of the debt on salary, as well as compensation for its non-payment on time.

Before making a claim, it is necessary to determine whether wages have been accrued. This is necessary for the reason that if there are no controversial moments for the presence of debt, then the court session will not be, because The executive list will be issued immediately after the appeal.

If the employer delays salary payment for three monthsThe employee can write a statement (complaint) to the police or the prosecutor's office. At the same time, violation is determined by Article 145.1 of the Criminal Code.

Sample application to the prosecutor's office for free.

Where to complain about salary delay anonymously?

If an employee wants to write a complaint about the non-commodity salary on time, and at the same time remain anonymous, then this can be done. To do this, you need to contact the Inspection on Labor and ask for privacy.

At the same time, the head will not be the name of the employee who appealed to him with a complaint.

If the Inspector breaks the privacy rule, the employee may submit it to the court.

Detained salary - what to do? Watch a video:

Where to go and what to do if the employer does not pay salary?

Where to apply if you do not pay a salary? This question, despite the fairly rigid legal regulation in the work sphere, still does not lose its relevance.

At the same time there are several options for the development of events (by the way, nothing prevents from using both):

1. If you do not know where to contact, if you do not pay the salary, then you will note that your guide should be the first instance. According to the current legislation (Art. 142 of the Labor Code of the Russian Federation), the employee is endowed with the right to self-defense, which can be expressed in the form of a nebody to work in the event of a delay in the payment of wages for more than 15 days. But it must be said that in this case the employee is obliged to notify the employer in writing about his intention. At the same time, the provisions of the law establish the responsibility of the employee to come to work no later than the next day after receiving a notice from the employer of the readiness to pay for debt on the day of the resumption of labor activities. In addition, the specified article of the Labor Code provides a number of restrictions for employees of certain specialties that are not eligible for the suspension of work:

4. If paid salary - where to domestic? The court remains. In this case, it is not about to punish the culprit, but to return honestly earned. Application of sanctions against the employer will be engaged in authorized bodies (indicated above), and you need to be concerned to return our money. At the same time, in the claim, it is possible to demand not only the return amount of the debt, but also accrual of compensation in the amount of the 1/150 key rates of the Central Bank of the Russian Federation (at the moment it is 8.50% per annum) for each day of delay. It should be noted that counting the accrued compensation follows from the day when the salary should be paid. That is, if it should be issued on the 15th, then compensation will be accrued from the 16th.

Based on the above, everyone can use one or more of the proposed options (see also: Where to complain about the employer, and how to complain right?). One thing can be said for sure: if the employer does not pay the salary, it can and should be brought to justice and protect your rights. For this, the legislator provided several effective legal protection mechanisms.

How to apply to the prosecutor's office at the employer?

According to the Constitution of the Russian Federation, the prosecutor's office is the supervisory authority authorized among other things to conduct prosecutor's checks on the arrivals of citizens' appeals (see: How to file a complaint to the prosecutor's office (sample)?). Due to the fact that the current legislation provides for several types of responsibility, the prosecutor has the right to verify in order to apply the required sanctions on the unfair employer.

If the employer does not pay the salary, then when contacting the prosecutor's office, the actions algorithm will be as follows:

1. Come to the prosecutor's office.
2. At the entrance to find out the name and number of the Cabinet of the duty officer (the prosecutor or one of his assistants or deputies).
3. Share the essence of the problem.
4. With it to write a statement.

If you do not have time for personal visits, you can write a statement in free form yourself and send it by mail.

Who and where to call if they delay wages?

So let's see where you can call when the wage delay. In accordance with the law "On the procedure for considering the appeals of citizens of the Russian Federation" of 02.05.2006 No. 59-FZ, citizens have the right to appeal to any public authority in any form and get an answer to their appeal.

The law does not provide for the mandatory form of such an appeal. Consequently, if retardant wages, you can also appeal through the call to the above-mentioned bodies - the prosecutor's office or labor inspection.

But it should also be noted that all official checks are carried out only if there is a foundation that must be decorated in writing. This means that you can get advice on possible further actions and agree on a meeting with representatives of the state body by telephone, however, if you want to take on these bodies of real actions to resolve the current situation, you will still have to appeal in writing.

How many may not pay the salary and is it permissible?

In general, if you do not pay a salary, what to do - we suggested. However, life is unpredictable, and the situation may arise so that the delay occurs in the reasons independent of the employer. In this case, a reasonable question arises: how many salary can be delayed?

According to Art. 136 of the Labor Code of the Russian Federation, the salary should be paid at least 2 times within a month - in days that are established by the rules of the internal labor regulation of a particular organization. In this regard, the violation of the specified deadlines even for 1 day is invalid and may be the basis for attracting an employer to justice.

Of course, it is unlikely that anyone will bother the instance thresholds in case the money was detained for a day, but from a theoretical point of view it is possible. Thus, we emphasize again: it is impossible to delay the salary regardless of the deadlines. Otherwise, an occasion appears to bring to the responsibility of the employer.

The responsibility of employers who do not pay salary (including after dismissal)

With a salary delay or in case of violation of other labor rights of employees, the employer is responsible for this in accordance with Art. 5.27 Administrative Offenses Code:

• on officials and individual entrepreneurs are imposed a fine of 10,000 to 20,000 and from 1,000 to 5,000 rubles, respectively;
• for legal entities, the penalty is from 30,000 to 50,000 rubles;
• if the violation of this kind is reused, the dimensions of the fines increase: from 20,000 to 30,000 rubles for officials, from 10,000 to 30,000 - for SP and from 50,000 to 100,000 rubles - for organizations.

With full non-payment of wages within 2 or more months, sanctions apply in accordance with criminal law. Art. 145.1 The Criminal Code of the Russian Federation provides for punishment:

• in the form of a fine, the amount of which ranges from 100,000 to 500,000 rubles or equal to the size of the salary or other income of the convicted person in a 3-year period; or
• imprisonment for up to 3 years plus deprivation of the guilty of the right to implement certain activities or the possibility of holding certain positions for a similar time (or without it). It all depends on the specific circumstances of the case and classification of Acts of 2 or 3 parts of this article.

Now about the valid causes of salary delay. If the employer has not paid for wages, but this delay occurred in connection with the circumstances, independent of the employer's will, he, in accordance with the current legislation, is obliged to pay compensation to employees, which is calculated at the key rate of the Central Bank of the Russian Federation (see. : What is the compensation for the wage delay?). It can also additionally be attracted to administrative responsibility.

In this issue, the legislator is strict: he did not provide for the possibility of avoiding the payment of compensation even upon the occurrence of force majeure. But administrative and criminal liability can be avoided (such a judicial practice shows).

The wage delay is not allowed, the Labor Code of the Russian Federation protects the interests of workers in this case and allows them to make certain actions aimed at obtaining earned funds from the employer.

Despite the responsibility that the employer may incur in connection with the salary delay, such cases are quite often happening. Each employee must know what to do, where to contact and to whom to complain if the employer delays wages and does not comply with the payment of cash payments to his staff.

Article 142 of the Labor Code of the Russian Federation determines which responsibility is the employer in the event of a delay and late payment of salaries, it is for this article that needs to be based on employees, defending their rights in this matter.

The timing of wages is approved at each enterprise by the regulatory internal local act. Employees should know the date of payment of an advance and salary balances if the money is not paid on these days, you can make certain actions and begin to complain.

What if the salary delay over 15 days?

15 calendar days are a boundary value, when crossing which an employee may not go to work with impunity. In other words, if the employer detains paying salary for more than 15 days, the employee may not go to his work the next day.

So that the employer did not perceive it as a violation of labor discipline and did not work as a program, should notify the manual using the application. The application is written in the statement does not go to work in connection with the salary delay for more than 15 days, while the article of the Labor Code of the Russian Federation should be given as a substantiation.

The application should be required in the journal in order to be sure that the document is accepted and reached on purpose, and not get lost randomly or deliberately. It is best to arrange two instances of the statement. One with a marking of the receiving person an employee should pick up for himself, it will be proof that the employee is a statement with a notice of a desire to stop the work applied, and it is accepted.

As soon as the employee receives a written notice of the deadline for the payment of the delayed salary, or as soon as the worker receives his money, he will have to go to his workplace and continue to perform his labor functions.

Before stopping its work due to wage delay over 14 days, you should make sure that the current situation does not correspond to the cases under which the termination of the work is prohibited by the Labor Code of the Russian Federation.

When it is impossible to stop work:

• if the situation is emergency, spontaneous, martial law is introduced;
• if employees are civil servants;
• if employees are engaged in the works that provide normal life-based life - ambulance, connection, water supply, heating, power supply, military, emergency services, law enforcement agencies, rescue services;
• working on specially dangerous industries.

Where to complain to the employee?

In addition to the fact that the employee can suspend its work when salary delay over 15 days, it may also complain to certain instances.

Where to complain when the salary delay:

• in the labor inspection;
• to the prosecutor's office;
• to court.

It is necessary to complain that it is in the sequence that is specified.

Federal labor inspectorate

That is, the first to write a statement to the Inspection on Labor, it is possible to do this, starting from the first day of the wage delay. For this, the statement is written by the employee, which sets out what employer delays the payment of wages, how much the delay period is drawn up and the amount of debt for the employer.

Based on the application obtained, the labor inspectorate should investigate to identify the fact of violation of the employee rights.

If this is really confirmed and proven, the employer will be punished, which can be expressed in the form of a fine, the size of which is from 50 to 90 thousand rubles, it is also possible to suspend the organization's activities for up to 90 days.

The term appeal to the employment inspection is limited to 3 months, that is, the application should be written no later than three months from the first day of the salary delay. If this period is missing, then it is not necessary to complain about labor inspection, but to court.

Prosecutor's Office

In the prosecutor's office, the employee may complain to the delay in wages after 2 months from the first day of delay. You should also write a statement with detailed influence information.

When establishing the guilt of the employer, criminal liability can be applied under Article 145.1 of the Criminal Code of the Russian Federation.

Court

In the judicial authorities, the employee usually complains when two previous ways do not work. At the same time, the worker usually does not want to continue to work for this employer, most likely, he is already fired at the time of filing an application to court. The employee has one desire to return its earned funds.