When hiring employees, company leaders are required to sign an employment contract with them. Based on this document, all hired specialists are protected by numerous provisions of the Labor Code. Therefore, citizens themselves must insist that formal contracts be concluded with them. But even with this document, employers often violate the requirements of the law, therefore they do not remit employees wages in a timely manner, punish them by fines, give black salaries or perform other illegal actions. Therefore, experts have a question, how to punish the employer. The process should only be performed using legitimate methods. For their implementation, you can contact the labor inspectorate, prosecutor's office or court.
Legislative regulation
Relations arising between the heads of enterprises and employees are regulated by the provisions of the Labor Code. Additionally, information available in the Federal Law No. 272 ​​is taken into account.
Most often, employers break the law by not paying employees their salaries on time. To understand how to punish an employer for a delay in wages, the provisions of the following regulations should be considered:
- Art. 136 of the Labor Code contains the terms during which wages must be paid to employees;
- Art. 142 TC includes consequences for company managers who violate labor laws in the field of payroll;
- Art. 236 of the Labor Code indicates the responsibility of the employer in violation of the provisions of the Labor Code.
Workers themselves must be well versed in the requirements of the law, since in this case they will be able to assert their rights. If necessary, they will be able to hold the negligent employer accountable.
When should salaries be paid?
Before punishing the employer for violation of labor law, it is necessary to understand when exactly the head of the company should transfer the salary to hired employees. Features of the process include:
- the frequency of payment and the procedure for transferring funds are negotiated when drawing up an employment contract;
- according to the TC, the head of the enterprise must pay money at least twice a month;
- according to the organization’s internal documentation, it is allowed to transfer funds more than twice a month;
- salary usually consists of salary and bonus, which is paid for various achievements or overfulfillment of the plan;
- management sets exact dates when funds are transferred to employees, and there should be no more than 15 days between these dates.
The frequency of payments is indicated both in the regular labor agreement and in the collective agreement. Therefore, before punishing the employer for non-payment of funds, you should make sure that the deadline for transferring salaries has already passed.
For what reasons do delays usually occur?
Often, the employer really has good reason for which there are no salary transfers to employees. In TC there are no such reasons, but they can be objective or subjective.
Most often, non-payment of wages on time is due to the following reasons:
- the impact of emergency or natural disasters;
- the occurrence of major accidents at the enterprise, leading to serious negative consequences for the organization;
- dishonest attitude of the company management to their duties;
- the desire of management to get the greatest possible profit through the use of employee funds;
- economic crisis in the company.
If there are good reasons for non-payment of funds, then even in court the employer may be acquitted. In other cases, all employees must know how to punish the employer for a gray salary or violation of the terms for transferring funds.
Material liability
In case of violation of the terms during which funds should be paid to hired specialists, the employer must prepare for the fact that he will have to bear financial responsibility for the actions taken. It lies in the fact that workers are paid compensation for each day of delay. This period even includes weekends and holidays.
Compensation may be requested solely by filing a lawsuit. If a complaint is sent to the labor inspectorate or prosecutor's office, then the employees of these services can only influence the leadership by charging fines or criminal prosecution.
How is compensation calculated?
If employees are thinking about how to punish the employer financially so that he pays compensation to them, then for this it is advisable to file a lawsuit. Citizens must have evidence of late pay.
When calculating compensation, the average earnings of the employee and the number of days during which the salary was not paid are taken into account. According to the law, during the calculation, 1/150 of the Central Bank refinancing rate established for the period when there were no payments from the employer is taken into account.
Each company can independently increase the amount of this compensation, which is prescribed in the employment contract or collective agreement. Often, internal regulatory documentation is formed at all, including this information. If compensation is paid that exceeds the amount established by law, then with the exceeding amount it is required to calculate and pay personal income tax.
Administrative responsibility
If the employee is interested in how to punish the employer, if they are not paid timely wages, then the best choice for this would be to draw up a statement to the labor inspectorate. Since the company violates the requirements of the Labor Code, it is held administratively liable for a large fine.
Based on Art. 5.27 of the Administrative Code for violation of the terms of payment of salaries the following fines are applied to the violator:
- company officials pay 10 to 20 thousand rubles, and if a second violation is detected, the fine increases, therefore, 20 to 30 thousand rubles are transferred;
- the organization itself pays a fine from 30 to 50 thousand rubles, and from 50 to 100 thousand rubles is transferred for repeated illegal actions;
- if the offender is an individual entrepreneur who officially hires specialists, then for him the initial fine is from 1 to 5 thousand rubles, and if he is brought to administrative responsibility again, the punishment increases, therefore, from 10 to 30 thousand rubles are transferred.
Therefore, if an employee wants to know how to punish an unscrupulous employer, then it is enough to file a complaint against him with the labor inspectorate. If such actions do not bring the desired result, you will have to go to court.
Violations of the dismissal of an employee
If an employee leaves the place of work for various reasons, then the company management must pay him the money on the last day of work. These payments include:
- salary and bonus, as well as various remuneration for the worked time period;
- compensation for various social benefits or leave;
- severance pay, if the reason for dismissal is a reduction in the company.
If the company refuses to transfer the required funds to the employee, then how to punish the employer for non-payment of money? Under such conditions, an administrative punishment is applied to the violator, therefore, he pays a fine, and compensation is assigned to the employee for each day of delay on the basis of the size of the Central Bank refinancing rate. To recover funds, you can file a complaint with the labor inspectorate.
Criminal liability
If the head of the company systematically violates the terms during which the employees of the enterprise must receive their earnings, then he may be prosecuted. Tighter penalties should be justified, so there should be evidence of regular delays. Punishments can be presented as follows:
- if the actions of the employer led to the death of a citizen or to injury to them, the company pays a fine of up to 500 thousand rubles, and an arrest of up to 5 years of the head of the company is appointed, which will lose its post without the right to reinstate;
- if there is evidence that the money that should be paid to employees is used by management for personal purposes, then a fine shall be imposed equal to the head’s salary for the year of work, and he will also be removed from his post and arrested for up to one year.
If each employee will know how to punish the employer for non-payment of salaries, then the heads of enterprises will be more responsible about their obligations.
What to do when getting a black salary?
Many firms practice informal job placement. This allows them to save on taxes and other payments. How to punish an employer for informal employment of specialists? Such actions of the enterprise management are really a serious violation, therefore the punishment is considered severe.
To hold the company accountable, it is advisable to file complaints with the following organizations:
- branch of the Federal Tax Service at the address of the company;
- the prosecutor's office;
- labor inspection.
How to punish a black employer? To do this, it should be indicated in the statement that the head refuses the official employment of workers. Salary is issued in an envelope, therefore it is not paid for personal income tax specialists and insurance premiums. Since the process of paying salaries is not controlled by government bodies, often earnings are reduced or not transferred on time. How to punish the employer for non-payment of black salary? If there is a statement to any of the above institutions, the company will be held accountable.
Punishment for black salary
Upon receipt of an application by the labor inspectorate or prosecutor's office that a black company is paid a black salary, a thorough check is carried out. It allows you to identify evidence of violations by the enterprise. Specialists of various services easily determine whether a black salary is paid in a company. How to punish an employer? For such a serious offense, the company bears the following penalties:
- the organization is brought to administrative responsibility on the basis of the provisions of Article 122 and 123 of the Tax Code, therefore 20% of the unpaid salary tax is paid;
- for non-payment of insurance premiums, a penalty is imposed on the basis of the Federal Law "On Mandatory Pension Insurance", therefore a fine of 5 to 10 thousand rubles is listed;
- with significant amounts, an enterprise may be prosecuted under Art. 199 of the Criminal Code, so if paid more than 2 million rubles. black salary, the fine varies from 100 to 300 thousand rubles;
- the fine under the Criminal Code can be replaced by forced labor for two years, arrest for up to six months or imprisonment for two years.
If qualifying features are identified at all, then the fine may increase to 500 thousand rubles. Therefore, if employees know how to punish an employer for a black salary, they can easily hold the company manager accountable.
In practice, imprisonment for various tax crimes is rarely used. Therefore, fines are most often paid by violators if black wages are paid to employees. How to punish an employer? To do this, it is enough just to write a corresponding complaint to various state authorities.
Where is the application filed in the absence of a salary?
If the terms of payment of salaries by the company management are systematically violated, then the employees themselves must take different measures to enable them to assert their rights. How to punish an employer who threw money? For this, an application may be submitted to various authorities:
- labor inspection created specifically to protect the rights of citizens acting as employees;
- the prosecutor's office, which quickly considers complaints related to delayed salaries;
- court, allowing to recover from the employer forfeit and compensation for non-pecuniary damage.
When drawing up a complaint, it is important to clearly indicate which points of the TC were violated by the organization’s management, as well as how long workers have faced such delays.
How to write an appeal to the labor inspectorate?
Most often, citizens who think about how to punish the employer for non-payment of salaries prefer to contact the labor inspectorate. A complaint may be filed from the first day of lack of income. The statement is important to indicate information:
- the essence of the violation of employee rights is given;
- the position of a citizen and the length of service in the company are prescribed;
- It is indicated exactly when the salary should be paid;
- data on the delay period are entered;
- a method is given on the basis of which salaries are paid to hired specialists;
- lists all claims against the employer, as well as the requirement to pay funds;
- indicates the need to hold management accountable for violations;
- it is possible to bring a claim for the payment of a penalty.
Such a complaint must be accompanied by evidence of its innocence. Additionally, a copy of the citizen’s passport, employment contract and employment record is attached.
The nuances of contacting the prosecutor
For more serious violations, you can write a complaint to the prosecutor. How to punish an employer for dismissal without paying the necessary funds? To do this, the application must include information:
- a document is drawn up at the prosecutor's office at the place of registration of the company;
- the heading contains information about the institution itself and information about the applicant, submitted by his F. I. O., place of work, position and contact information;
- the text clearly describes all the violations committed by the employer;
- the reason for contacting the prosecutor’s office, namely the period of delay and the amount of debt;
- information is indicated that the employee tried to resolve the situation peacefully, and this should be proved by official documents;
- a requirement is drawn up to hold the company accountable and to institute criminal proceedings against the head.
Debt collection is carried out only through the court, but prosecutors can themselves transfer the case to court. Evidence of the applicant’s case should be attached to the application.
Pause work
Workers who did not receive a salary on time, on the basis of Art. 142, may refuse further work. The process is performed if the delay exceeds 15 days. Employers must notify the employer in writing of the application of such a measure.
On the appointed day, employees may simply not come to the company. To restore work in the company, the manager must notify the specialists in writing about the day the wage debt is paid off. On this day, all employees must return to work.
Drawing up a lawsuit
When choosing a method of punishing an employer, an effective way is to appeal to a court with a correctly drawn up statement of claim. A document is filed with the district court at the location of the company.
The lawsuit must contain information:
- information about the plaintiff, for which data from the passport, F. I. O. and address of residence, as well as the place of work and position held are entered;
- information about the defendant, submitted by the name of the company, legal address, as well as other significant details;
- in the narrative, information on the period of delay and the amount of debt is required;
- indicates that the employee tried to resolve the issue in a pre-trial manner;
- in conclusion, all the plaintiff's claims are presented, represented by the recovery of debt from the company, the calculation of a penalty and the collection of compensation for non-pecuniary damage.
If a citizen cannot independently draw up a statement of claim, then he can turn to a professional lawyer for this service.
Jurisdiction and timing of the application
The main purpose of applying to the court is the collection of salaries. If the debt is less than 50 thousand rubles, then the application is submitted to the world court at the location of the company.
If the debt exceeds 50 thousand rubles, then the claim is submitted to the district court.
It is required to go to court within one year from the moment of delay. Documents confirming the plaintiff's correctness are attached to the lawsuit.
The nuances of the proceedings
The lawsuit may be filed in person or by post. Such a case is being considered in the next two months. . .
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Conclusion
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