The question of how much you can delay your salary is now extremely rare. And the point is not that employers have become law-abiding or more disciplined. It’s just that most of the employees are well-versed in matters of labor law, and are well aware that the provisions on the payment of wages are clearly specified in the Labor Code. Namely, that it should be issued at least twice a month, within the time period established by law or specified in the collective agreement.
Therefore, when the salary is delayed for some reason, some wait patiently, while others begin to fight for their rights. Usually this fight begins with the fact that a friend of a lawyer or a person with experience in resolving labor disputes is asked: "They do not give a salary, what should I do?"
The first advice is to contact your regional state labor inspectorate to monitor compliance with the law. And the fact that it can be located two hundred miles is not a problem. A letter in the form of a complaint sent to the inspection email address will arrive there in a few minutes. In the absence of the Internet, you can use the mail service. It will take longer, but the result will be the same. The complaint is drawn up in any form, but just to inform you that the delay in salary is not enough to do. It is necessary to describe in detail the whole situation, indicating the facts, surnames and dates. It is advisable to attach copies of all documents (labor agreement, personal account statements, payroll from accounting, indicating salary arrears, testimonies of witnesses in writing), which can confirm the validity of your requirements. The appeal to the inspection is good because, according to part 2 of article 358 of the Labor Code of the Russian Federation, the applicant’s data at his request may not be disclosed.
The second advice will be to contact the local prosecution authorities. The complaint filed there must be filed similarly to the one submitted by the state labor inspectorate: a detailed description of the conflict point with the attachment of copies of supporting documents.
But the problem is that the employer may ignore the requirements of these two instances. And then the unresolved question arises with renewed vigor: “Salary delay, what to do?”
Filing a lawsuit against an employer who violates your rights is the most effective solution. The statement of claim shall be filed at the place of registration of the debtor enterprise or at the place of registration of the employer-entrepreneur who delayed the remuneration due to you for the work performed. The state duty and legal costs are charged to the defendant, which means that you do not bear any legal costs for any outcome of the case. However, there is a limitation period (3 months) from the date of violation by the employer of the wage agreement, after which the court may not consider the case. And if you have already appealed to the court after this period, then attach a document confirming the good reason for being late (for example, a sheet of temporary disability). Otherwise, the problem is: “Salary delay, what should I do?” - It will remain your problem.
Undoubtedly, litigation requires courage, patience and time, but a positive result can be achieved immediately. In this case, the negligent employer will be forced not only to return the money that he owes you, but also to compensate for the delay itself, as well as to pay the moral and material damage that you suffered as a result of untimely payment of remuneration for your work. Moreover, not only the enterprise will be punished, but also the head personally. And ultimately, thoughts: "Delayed salaries, what to do ?!" - they will pursue the employer, accustoming them to respect the law.