Each person will be unpleasant if they have not paid a salary. Where to go when such an incident really happened? After all, this issue cannot be left unresolved. Well, there is an answer to this case.
Do not go to work
When a person does not know where to turn, if they do not pay salaries, then the first thing he should understand is that the first instance in this case is his direct leadership. Article No. 142 of the Labor Code of the Russian Federation says that each employee has the right to self-defense. And he can express his refusal to go to work if his work was not rewarded according to all the rules.
At the same time, the delay in payment must be more than 15 days. However, if a person decides to take such a step, he will have to draw up a written notice about this, which he will give to his employer. And, as soon as the employee receives a message from the boss regarding the fact that he is ready to pay the debt, he will be obliged to return the next day to fulfill his duties.
Who is forbidden to "rebel"
Of course, this can be done if they do not pay salaries. What to do to those people who are forbidden to “rebel” in this way? There is a way out for them. But first, you should list the workers of specialties who do not have the right to stop working:
- Workers directly related to life support. These are communications, emergency and emergency medical care, energy, body and gas supplies.
- Also, civil servants and people engaged in servicing hazardous industries and equipment cannot stop their activities.
- This list includes persons serving in emergency rescue, armed, search and rescue and fire fighting forces. And also people working in territories where martial law or a state of emergency exists.
They are advised of the method that will be described below. By the way, it will also suit those people whose leaders are notorious “rebellion” is not a decree.
Appeal to the labor inspectorate
Labor inspection - this is where to apply if the employer does not pay salaries. This is the most effective way, by the way, which is convenient for many workers. And all because the named body was created to ensure the enforcement of labor legislation. Inspection specialists oversee this.
So that they come to the rescue, you just need to draw up a written appeal. And let it be taken in free form, but you need to describe the situation in full detail. After all, it is on the basis of this document that they will conduct an audit. And according to its results, after a violation is discovered, appropriate sanctions will be applied to the employer.
And also the inspection staff will assist the applicant in the preparation of documents that will be required to appeal to the court. In general, this is where you can go if you do not pay salaries.
Court help
The court is a public authority. And it is he who will help best if you have not paid your salary. Where to go besides the court, it was said above. But if all this did not work (and it happens), only the last method remains.
The court will help, but not punish the culprit, but return the honestly earned money. Appropriate sanctions will be applied to the dishonest boss, and the authorized bodies, which have all the rights for this, will do this.
But the employee should not relax in this case. The main task is to return your money. But in the statement of claim it is possible to indicate not only this requirement - the applicant has the right to demand compensation. And the employer will be obliged to pay it, since he used other people's money. And this is an article.
Such compensation is calculated starting from the first day of the delay in salary. If, let’s say, they were to be charged on the 1st day, then interest will go from the 2nd.
Prosecutor's office
This is a supervisor that is authorized to conduct appropriate checks on applications submitted by citizens. This is where you can go if you do not pay salaries.
What to do? First, come to the prosecutor's office. At the entrance, find out the name of the duty officer and the number of the cabinet in which he is located. And then you need to explain to him the essence of the problem, as detailed as possible and in detail. And with him, write a statement. This will be the best option. Many send applications by mail due to lack of time for personal visits. But the issue will be resolved faster if you come nevertheless. By the way, complaints about employers are among the most common.
The application is made in duplicate. One remains with the prosecutor, and the other with the victim. Turning to this body, it is necessary to stock up not only with evidence, but also with witnesses. You should not lie and embellish - it is punishable. Some of the colleagues may act as witnesses.
The application is written in standard form. In his “heading” the name of the applicant is indicated, as well as his address with a telephone. And in the main part the situation is described and the request to take measures is stated. At the end - the date and signature.
So the prosecutor’s office is the place to go if you don’t pay your salary on time, not just what you can, but what you need!
What awaits the employer?
We told what to do if we did not pay salaries. Where to go is also clear. But a couple of words should be added regarding what punishment awaits an unscrupulous employer. This is similarly written in article 5.27 of the Code of Administrative Responsibility.
So, the official and private entrepreneur will have to pay a fine. Its size can be from one to five thousand rubles. Legal entities will have to pay from 30 thousand to 50 thousand rubles. There is another measure of punishment - in the event that the official again commits a violation of this nature, then he will be removed from office for three years. The term may be shorter, but the maximum is 3 years.
Tough penalties
If the fact of complete non-payment of salaries within two months (or more) is recorded, then the provision of article 145.1 of the Criminal Code of the Russian Federation comes into force. And the offender will be assigned a more severe punishment. The fine will already amount to 100-500 thousand rubles, or the amount equal to the victim’s salary for three years. Still guilty can be imprisoned for the same term.
True, if the salary was not paid for good reasons, events will develop differently. For example, if the delay occurred not at the will of the employer. Although he will still have to give compensation at the so-called refinancing rate.
Knowing where to go if the employer does not pay salaries, the main thing is to do it, and the issue will be decided by the relevant authorities.
In case of dismissal
It is important to talk about what to do if, after dismissal, you did not pay your salary. Where to go in this case? More about this later. To begin with, it is worth noting the attention of several important nuances.
First, a person can count on several types of payments:
- the salary that he has worked in recent times;
- funds that compensate for his unused vacation ;
- severance pay.
The employer must give all the money to his on the day when he quits. In addition to the amount, a work book and a certificate in the form of 2-NDFL will also be issued. And also a document indicating the amount of earnings used to calculate payments and dismissal benefits.
But what if you did not pay your salary? Where to go, it was said above. And the procedure is the same, only the reason for going to court, the labor inspectorate or the prosecutor’s office will be slightly different.
When informally issued
Many people are still interested in where to go if they are not paid a “black” salary. And here there really can be problems. If a person is not formalized, then he will not be able to influence the employer in any legal way. Their employment relationship is outside the legal field. Therefore, the boss with impunity may not pay him a salary.
So, there are no places where to go if they do not pay salaries informally? Be that as it may, in the first place - to the boss himself. We need to talk to him and try to move things off the ground. If it works out, then we still need to insist on official registration in order to have guarantees in the future.
And finally, the court. It’s just that it won’t work out just like that. Before that, you still need to meet with the employer. Pre-equipping yourself with a turned on recorder and a hidden camera. The entire conversation will be recorded on audio and video media. And during the conversation it will be necessary to ask the boss leading questions, having answered which, he will also tell about how long a person has been working informally for him, how much he owes, etc.
It will require the skill of the employee in conspiracy and the ability to formulate questions exactly as needed in order to get the right answer. And then you can go to court with material evidence . That's where you need to go if you do not pay salaries.
What a person working in Ukraine should know
This is also worth talking about. As well as about where to turn if you have not paid your salary. Ukraine is a country with different legislation, albeit in many ways similar to Russian. Its Constitution contains article number 43. It clearly states that every employee has the full right to receive payment for his work on the basis of an employment contract. This is also described in the 21st article of the Law of Ukraine, which states about wages.
Compensation, judging by it, should be paid to a person regularly and on business days. In the period specified in the collective agreement. And if the day on which payments are made is a weekend or a holiday, then the remuneration is issued the day before.
According to Ukrainian laws (as, by the way, according to Russian laws), if a person is not paid a salary, he must first contact the employer, demanding an explanation. If, after that, the salary was not paid together with compensation, then you can appeal to the court.
And this must be done in any case - with a long delay, and if you did not pay your salary upon dismissal. Where to go? There is a choice. In this country, there is also the State Labor Inspectorate of Ukraine.
What to do after?
If the boss paid the bills and paid the salary, then you can calm down. It seems so. But actually it’s better to leave and look for another place. If the employer once did not pay the debt, then it is not a fact that he will not do so in the future. It is better to look for another job, because here a long delay in salaries suggests that the boss does not value his employees, and is not able to provide them with stability.