Getting a job, everyone hopes for a decent and timely payment for their work. Moreover, the Labor Code of the Russian Federation says that the employer is obliged to provide the employee with wages commensurate with his work, and to pay it in full in the terms established by law, labor or collective agreement . But, unfortunately, very often we are faced with the arbitrariness of managers who believe that they will not suffer responsibility for non-payment of wages, dishonesty of accountants, human indifference and direct violations of the law.
Fight for the truth or obey the circumstances, but keep the job? What to do, each for himself decides for himself. But remember that one of the grossest violations of labor law is precisely the non-payment of wages. The Criminal Code of the Russian Federation establishes a very serious responsibility for this type of crime, and both the employee and the employer should remember this.
First steps
You have received a pay slip or a salary on a card or a cash amount. But she, for unknown reasons, was smaller than usual. Or the salary is accrued, but the money does not come. The first thing to do is contact the bookkeeping department with the person responsible for calculating and issuing salaries. If you have not received a checklist, then this is, from the legislative point of view, a violation of the rights of the employee and the laws of the Russian Federation. The employer must notify each employee in writing of the amount of his salary, indicating certain types of accruals, including compensation and other amounts, as well as the size and type of deductions, if any. If the deduction is lawful, or was made through negligence or error, then the incident will exhaust itself at this stage.
Appeal to the leadership of the organization
If you do not agree with the deduction of part of your earnings, or you have not been given any explanations at all, then contact the head directly. In the name of the employer write an appeal in which your claim for non-payment of wages or illegal deduction of part of the salary will be clearly and in detail expressed. Be sure to write two copies of the application and register them with the secretary. Personally, make sure that the date of receipt and the number of incoming correspondence are affixed, otherwise your application for non-payment of wages may simply be "lost".
In extreme cases, you can send your appeal by registered mail. In all your appeals or statements, always try to refer to specific norms of the Labor Code of the Russian Federation and the Criminal Code of the Russian Federation, providing for punishment for violated rights, in this case, responsibility for non-payment of wages.
State Labor Inspectorate
It may happen that your application written to the employer does not bring positive results or is simply ignored. Then you can safely resort to the help of the State Labor Inspectorate regarding the fact that the employer made an illegal delay in paying wages or withholding part of it without any reason, with the addition of the available documents (employment contract, payroll, employer explanation, bonus orders and etc.). The appeal can be sent through the official website of the organization, by mail or contact the hotline.
One hundred percent effectiveness of this step can only be if all violations are indisputable and the law is entirely on the side of the employee. In addition, documentary evidence is needed. Therefore, it is preliminarily worth collecting all the papers, first of all, the employment contract, orders for bonus or deduction of salaries, and settlement sheets. If the employer refuses to give you orders that are directly related to your work, then this is unlawful. In this case, there is also a way out - just write a statement addressed to the head with a request to issue copies of the necessary orders, duly certified. Register the application with the secretary, keep one copy at home. In a period not exceeding three days, according to the law, you are simply obliged to issue these copies. Otherwise, this fact can be indicated in your application to the prosecutor or the court.
Complaint to the prosecutor
If neither the first nor the second option yields results, contact the prosecutor. A complaint about non-payment of wages is registered with the prosecutor's office of the city or region in which you reside. In it, explain the essence of the situation with details of a factual nature - less feelings and more facts. Attach copies of all relevant documents. And also indicate the need for verification of compliance by the employer with the norms of the Labor Code of the Russian Federation.
The complaint about non-payment of wages must be considered by the prosecutor's office within a month from the moment of its registration. And if it does not require additional study or verification, then within fifteen days, after which you should be sent a written response on the results of its consideration and the measures taken. At this stage, the prosecutor's office may oblige the employer to pay all arrears of wages at a certain time, as well as demand that those responsible be disciplined.
But unscrupulous employees are in the prosecutor's office. A person can wait for a response from the prosecutor's office within a month, then wait for the result and all payments due, and the employer, in turn, will give a response at that moment. And now, the time has passed, there is no desired result, and the deadlines for applying to the court have been missed. This adds extra cost and effort. Such a situation, in particular, may arise in the case when the employee does not agree with the amount of wages paid, when deductions, which, in his opinion, were unfounded, were made.
Court: filing a statement of claim
Appeal to the court is perhaps the most effective measure of influence aimed at ensuring that an unscrupulous employer bears responsibility for non-payment of wages. But, as a rule, our citizens for some reason avoid this instance. Although everything is quite simple. It is necessary to write a statement of claim in accordance with the sample (which can be found on the Internet or taken in a district court). Non-payment of wages is a very gross violation of the law and, as a rule, the employer makes concessions in order to resolve the issue in the manner of a labor dispute, without allowing a criminal case to be instituted against him.
When applying to the court for resolution of a labor dispute, an employee is exempted from legal expenses and payment of state duty. The statement of claim for non-payment of wages in full or in part is submitted to the district court. It is written in triplicate. It is necessary to state in detail the essence of the situation and their requirements. If you could not get copies of any documents, then indicate this in the statement. Subsequently, the court, at its discretion, may require their submission from the employer. If the court accepts the application, it will be considered in civil proceedings in a period not exceeding 2 months from the date of its receipt.
Compensation Payments
The Labor Code of the Russian Federation, and in particular Art. 236 tells that the employer is responsible for non-payment of wages, their delay and delay in other payments, including material. The amount of compensation depends on the current refinancing rate and is paid for each day of delay. In addition, the employee has the full right to compensation for non-pecuniary damage. As a rule, its amount is not very large, but still there is a place to be. Extracts from the medical record are very useful if an exacerbation of the disease has occurred, a nervous breakdown has occurred, etc.
Based on the foregoing, we conclude that the delay in the payment of wages to the employee gives the right to monetary compensation, and spiritual or physical suffering (and this also happens) - to receive compensation for non-pecuniary damage.
Attracting an Expert
Attracting an expert is the legal right of any participant in civil proceedings. If an employee for some reason does not trust the accountants of the organization and their calculations, and he is incompetent in this matter, then he can apply for a specialist, an independent expert. The cost of his services is determined by the court, and the approved amount is recovered from the losing party.
Settlement agreement
Even the worst world, as a famous proverb says, is better than a good quarrel. Very often, the employer takes such a measure as the conclusion of a settlement agreement, not wanting publicity and beware of more serious consequences. It can be signed at any stage of the consideration of the labor dispute, and in essence it represents a transaction between the defendant and the plaintiff. It is approved by the court. When concluding an amicable agreement, it is important to remember that after its signing, the court cannot apply again with the same claims.
What are the deadlines for going to court?
An employee whose rights have been violated may file a lawsuit with the court within three months. The time is counted from the day when he found out or should have known that his rights had been violated. If a dispute arises about the size of the paid salary, then the period will go from the moment the employee received the payroll, signed the statement or the money was transferred to his bank account. If the employer accrued but did not pay the salary, then the deadlines will go from the moment the employee is fired or he leaves at his own request. It is important to remember that applying to the prosecutor’s office with a complaint or to the State Labor Inspectorate does not stop the deadlines for applying to the court, therefore, in each case the scheme of actions is individual, but most often you should contact the court directly so as not to waste precious time .
Reasons for recovering a missed deadline
The legislation of the Russian Federation does not establish a specific list of grounds for missing the terms of circulation, considered as respectful. They are individual, and are considered by the court in each specific process. The basis for the restoration of missed deadlines, for example, may be the location of the plaintiff in a medical institution (if there is an extract), a helpless state or difficult family circumstances.
How to appeal a court decision?
If the plaintiff is not satisfied with the court decision in full or in part, he can appeal it by filing an appeal, and then cassation. The first type of complaint should be filed before the decision comes into force in a higher court. An appeal is filed through the court in which the decision was made. Decisions, as well as court rulings that have entered into legal force, can also be challenged, but already in cassation. When filing a complaint against a court decision adopted in the first instance, a state fee is paid.
Appeal to the Investigative Committee of the Russian Federation
If the employer does not pay salaries in full for two months or in partial for three months, the Criminal Code of the Russian Federation considers this a crime. Therefore, the employee can apply with a statement of violation of labor rights to the office of the Investigative Committee of the Russian Federation at the location of the employer. Art. 145.1 of the Criminal Code of the Russian Federation imposes significant fines with the deprivation of the right to engage in a certain type of activity or occupy certain positions, as well as forced labor or real terms of imprisonment for delayed payment of salaries.
Filing an application to the Investigative Committee of the Russian Federation is an extreme measure in labor disputes regarding salary, but it gives a very good “preventive” effect. Non-payment of wages - criminal liability or threat of its occurrence for the employer.
Forewarned is forearmed
Keep in mind that if a citizen is not officially employed and receives the so-called black salary, then the Labor Code of the Russian Federation and the Criminal Code of the Russian Federation are likely to be powerless. However, it happens that even when reviewing and signing the employment contract, many citizens allow inattention, frivolity, not realizing the full significance of this document. Every letter in it is important, every word, the salary should be spelled out in the contract, and not discussed in words. An employment contract concluded in accordance with the legislation of the Russian Federation is a guarantee of observing the rights of an employee. And non-compliance by the employer with its provisions is an occasion to hold accountable, including criminal.