What to do if wages are not paid. What to do if the employer does not pay wages

Unfortunately, the problem of non-payment of wages by unscrupulous employers still remains relevant. Many managers first of all solve problems with their own profits, and only then deal with issues of employee earnings.

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An employee who finds himself in such an unpleasant situation must independently monitor compliance with his right to remuneration.

There are several authorities where an employee can turn if a delay, partial or complete non-payment of wages has been identified.

Russian legislation also provides for sanctions for employers who violate the rights of their employees.

General information

Each company has specific dates for issuing wages and advances to employees.

For many people, even small delays in monthly payment are critical.

Often an unscrupulous employer does not want to make contact with an employee.

If the problem with late payment remains unresolved, the employee should know where to go if wages are not paid.

The main goal of the employee in this case is to return the money he earned, and the authorized bodies should deal with sanctions against the employer.

What does the law say?

The Labor Code regulates some issues related to wages:

  • establishes that every employee has the right to timely payment;
  • states that the employer is obliged to provide workers with wages equivalent to the efforts made.

The term of the monthly payment and its amount are established in the Regulations on Wages or other local acts of the company.

Where to go if you don't get paid?

Federal Law No. 59-FZ gives every citizen the right to contact any government body and receive an answer to his request.

To restore his right to remuneration, an employee may apply to the following government authorities:

  • to court;
  • to the prosecutor's office;
  • to the labor inspectorate.

There are no strict forms for applications with which a citizen can apply to the labor inspectorate or prosecutor's office.

However, it is worth knowing that government agencies will only accept an appeal from a citizen if there is a reason in writing.

You can get advice from the authority orally, but if you need a result, you still need to apply in writing. Then the application will be accepted and an inspection will be carried out with further investigation into the fact of violation of rights.

How long can you be detained?

According to the law, management should not delay payment of due amounts to employees even for 1 day. But due to the fact that the employer’s responsibility for such a violation begins at a later time, we can say that the conditional period of delay is still present.

This period is stipulated in, it is 15 days from the day on which the payment arrears arose.

What to do?

If the employer does not transfer the money on the appointed day, the employee is advised to wait the minimum period during which wages can still be transferred without penalties for the employer.

After this, you can proceed to action - contact management or the appropriate authorities.

Absenteeism

An employee who is wondering where to turn if wages are not paid should know that the first authority is his own management.

In accordance with the already mentioned Article 142, any employee has the right to self-defense.

Protecting your own rights in this case means refusing to go to work. However, this step is only possible under certain conditions:

  1. The delay in payment of wages is 15 days or more.
  2. The employee must notify the employer in advance of his intention not to appear at work due to non-payment of wages.

It is important to know that if the employer, in response to an employee's notice of absence from work, notifies of its intention to pay wages, the employee must return to his work duties the next day.

Who is prohibited from suspending work activity?

Thus, persons employed in the following areas cannot do this:

  • civil service;
  • hazardous production;
  • life support - ambulance, heating, etc.;
  • government units - armed forces, rescue squads, etc.

Similarly, it is prohibited to temporarily stop their work duties for employees who are employed in territories under martial law or a state of emergency.

Where to complain?

The choice of authority to contact depends on the specific case. For example, categories of workers who are prohibited from intentionally not going to work can immediately contact the labor inspectorate.

Employees whose unscrupulous employers do not respond to complaints about wage delays can also submit a written appeal there.

To the labor inspectorate

As a rule, contacting the labor inspectorate is the most effective way to get your earned money back.

In addition, the option with a labor inspection is the most convenient for many workers, because this body was created specifically to oversee the implementation of labor legislation.

The Labor Inspectorate accepts requests from citizens about violations of their rights in free form.

In such a paper it is worth describing the situation taking into account all the details. But a check will be carried out based on it.

If violations are found, the employer will be punished. In addition, labor inspectorate employees can assist in filing a claim in court.

To court

A claim should be filed in court if an appeal to the labor inspectorate does not produce results.

The court will help you get your honestly earned money back. The punishment of the culprit will be carried out by the authorities that have the rights to do so.

In addition, labor can be requested in court. The employer will be obliged to pay it, since he used someone else's money. Compensation is calculated for each day of delay in salary.

For example, if wages are paid on the 1st day of each month, then if there is a delay in payment, interest will be charged starting from the 2nd day.

Compensation is calculated as 1/150 of the rate of the Central Bank of the Russian Federation for each day of delay.

To the prosecutor's office

The prosecutor's office is authorized to conduct inspections based on applications from citizens. Persons whose employers are delaying wages can also contact this body.

An application to the prosecutor's office can be submitted in person or by mail, sending it by registered mail.

But if you contact us in person, the problem will be solved faster. Statements from citizens against unscrupulous employers are not uncommon in the prosecutor's office.

The paper describing the problem must be prepared in two copies. One of them should be given to an authorized employee, and the second should be kept with you.

The application is drawn up in the standard form:

  • in the upper part there is a header containing the name and contact information of the applicant;
  • the main part describes the situation;
  • At the bottom of the document is the date of filing the application and the signature of the applicant is left.

When contacting the prosecutor's office, you must provide evidence of non-payment of wages. It is better if there are witnesses among colleagues who can confirm the words of the victim.

It is important to know that misrepresentation of facts is punishable.

Required documents

The main document when filing a complaint against an unscrupulous employer with the appropriate authorities is a statement.

It is necessary to provide other documents, if any, confirming the fact of non-payment of wages to the employee.

Nuances

There are some nuances regarding asserting rights to remuneration. One of them concerns foreign workers. Where should they go if their salaries are delayed?

Labor relations of this category of workers are also regulated by the Labor Code of the Russian Federation. Therefore, they, like other employees, can defend their rights in the same authorities.

After dismissal

Upon dismissal, an employee claims to receive:

  • wages for the last month worked;
  • compensation for unused vacation;
  • in some cases - severance pay.

If the employer did not deal with the employee upon his dismissal, then the latter has the right to appeal to the same authorities - the court, the prosecutor's office, the labor inspectorate.

However, the basis for the appeal should be formulated slightly differently, in accordance with the situation.

In case of unofficial registration

Many employees are with employers. Therefore, when monthly payments are delayed, they have a reasonable question: where to turn? The situation is complicated by the fact that in this case there is no documentation of employment.

The worker must appeal to the court. Once the existence of an employment relationship has been proven in court, a claim can be filed to satisfy wage claims.

However, there is no 100% guarantee that the court will recognize the employment relationship as official.

Work for an individual entrepreneur

The same labor legislation applies to individual entrepreneurs as to other employers.

Therefore, in case of non-payment of monthly wages from an individual entrepreneur, the employee should adhere to the same algorithm of actions:

  1. Contact the employer directly.
  2. If the appeal does not produce results, submit an application to the labor inspectorate.
  3. Take advantage of the help of the court and the prosecutor's office.

Employer's liability

Punishments for unscrupulous employers are set out in the Code of Administrative Offenses and the Criminal Code of the Russian Federation.

However, there are also good reasons for late payment of wages. These include circumstances that do not depend on the will of the employer.

If such a situation exists, the employer will be obliged to pay compensation for days of delay. In this case, he is not subject to imprisonment. However, he may face administrative liability.

When any clashes arise with management, many do not know what to do. An employer does not pay wages or delays them - what is the right thing to do? What development options can be considered in Russia? How can you deal with non-payment of earnings? This situation has become more and more common lately. Therefore, you should know what measures are permitted by law to subordinates. After all, all work must be paid.

The law doesn't always apply

First, you will have to understand one interesting fact - the legislation of the Russian Federation does not always apply. Not in all cases, an employee who has been left without wages is able to legally seek justice.

Unfortunately, unofficial employment is now practiced in Russia. In this case, there is actually no need to think about what to do if the employer does not pay wages on time. There are not so many legal ways; in practice, in most cases they end in failure. But when applying for official employment, you can use several techniques.

Criminal case

It should be noted that the country's labor legislation protects all subordinates. By law, all work must be paid on time. Minor delays are possible but best avoided.

What to do? The employer does not pay wages! If such situations are repeated again and again, and are widespread, it is recommended to complain. Employees who are left without earnings can simply file a corresponding complaint against their boss. And then a criminal case will be opened against the latter. A trial will follow, at the end of which the employer will be forced to compensate for the damage caused to the staff.

Individual owner

What to do if the employer does not pay wages on time? It all depends on the situation. What to do when specific subordinates are left without income? Or was it only one employee who did not receive payment for the work performed?

In this situation, you will have to act in exactly the same way as in case of collective delays. You need to write a complaint against the employer, which should be considered in the near future. And then open a criminal case against the boss.

The only difference in this situation is that collective complaints receive more attention. Most likely, the only statement left by one or another subordinate will not be paid attention to. Or a boss who fails to fulfill his obligations will be reprimanded and given a warning.

We continue to work

What do you want if the employer does not pay wages? By law, citizens must file a complaint. But reality and established rules often diverge. People have their own rules of behavior in this or that case.

A phenomenon that has not surprised anyone in Russia for a long time. Many people advise you to just keep working. Sooner or later the employer will have to fulfill its obligations. If not, then only after a long period of delay is it recommended to contact one or another authority to initiate a criminal case.

Therefore, the people's advice is to continue working and hope for the integrity of the employer. Such a measure is designed, rather, precisely for the conscience of the boss. It has no real effectiveness.

Strikes

The next measure is strikes and various demonstrations. Typically, this phenomenon is observed when people think about what to do if the employer does not pay wages for 3 months or more. After all, such delays, especially massive ones, are a gross violation.

Typically, going on strikes and demonstrations attracts public attention. And, as a rule, it speeds up the action of the prosecutor's office. The collective complaint left in this case will be considered as quickly as possible. And an employer who delays wages may be afraid of excessive attention to his company. The consequence will be the resumption of the issuance of earnings. Not always, but it happens.

I won't go to work

Not all subordinates who are faced with a violation of rights know what to do. The employer does not pay wages? In addition to strikes, demonstrations and other methods of attracting public attention, there is another, more effective way. Especially when it comes to massive delays in earnings. In isolated cases, the proposed measure is usually not particularly effective.

The point is that citizens have the right to refuse to perform official duties when they are not paid for their work for a long time. What to do if the employer does not pay wages for 2 months or more? In this case, you are allowed not to work. Resumption of work occurs according to the law after the boss has repaid the full amount of the debt to the staff. Or by their agreement among themselves.

By the way, the right to refuse work is granted to employees if their earnings were delayed for 15 days. It turns out that you don’t even need to wait a month to take extreme measures.

Without formality

What to do if the employer does not pay wages? Without a contract or any other sign of official employment, it will be very difficult to prove that the boss owes something to his subordinates.

For this reason, several options for the development of events are proposed:

  1. Continue to work and hope for the integrity of your boss. Perhaps, when the employer has money, the employee will be able to receive the money due for the work performed.
  2. Quit. Or rather, stop performing your job duties. At the same time, there is a high probability that the employer will simply find a new person to replace the person who refused the job. And he will forget about the debt - after all, informal employment does not provide any guarantees of payment.
  3. Look for evidence of work performed, and then file a complaint against your boss. Perhaps the most logical, but problematic move. The subordinate will have to prove that he worked for the company. In this case, it will be possible not only to extract earnings, but also to force the boss to explain why the employee was not officially registered.

How exactly to proceed? Each citizen decides this independently. In practice, job refusals are common. The simplest way, although it is not able to restore justice. But you don’t need to think about what to do if the employer does not pay wages for more than two months.

Where to go for help

Where should you go if there is a delay? This question is also not clear to everyone. There are several authorities to which subordinates should complain. It all depends on the situation, but the following list of organs is usually suggested:

  • prosecutor's office;

Dismissal

What to do if the employer does not pay wages upon dismissal? The Labor Code of the Russian Federation states that the boss is obliged to make a settlement with the subordinate on the day of termination of the employment relationship and issue him a work book. When the employee was absent at the time of entry into force, all payments are made the next day after the former employee applied for payment.

What to do when these rules are not followed? It is recommended to act in exactly the same way as was suggested earlier - to file a complaint with certain authorities. It is preferable for dismissed personnel to send a corresponding statement to the prosecutor.

It is important to remember that the statute of limitations from the date of termination of the employment relationship is 3 months. This means that it is during this period that you can file a claim or complaint against the employer. It's worth hurrying! Otherwise, the right to receive legal wages upon dismissal is lost.

Documents for application

Now it’s clear what to do. The employer does not pay wages? Then you can wait 15 days, after which you can file a complaint with certain authorities, and also refuse to perform the work. In this case, they cannot fire an employee - the legislation of the Russian Federation provides for such a measure. And it can continue, as has already been said, until the boss makes a full settlement with his subordinates.

What documents will be required to bring your idea to life? For example, if you need to go to court. Then the employee must present:

  • statement of claim detailing the delay in payments;
  • employment order;
  • agreement with the boss;
  • plaintiffs' identification documents;
  • an extract of a current account as proof of the absence of a salary transfer;
  • payslips for the past (optional);
  • response from the Labor Inspectorate (if available);
  • witness statements (if any).

Many people are interested in whether they have to pay a state fee to file a claim. Employees should not do this. Therefore, no additional receipts are needed. In fact, the claim is free.

We report to the prosecutor

From now on it is no longer a mystery what to do when it has become known what to do. The employer does not pay wages? A statement of claim will help! It is important to remember that the prosecutor must be informed about violations of labor rights. Especially when it comes to dismissal. When employees are simply delayed in their earnings, the most effective measure of influence on the boss is a statement of claim.

What could be useful? The list of documents required to contact the prosecutor's office regarding wage arrears is approximately as follows:

  • dismissal order;
  • ID card;
  • work book (copy);
  • several payslips for recent months;
  • extract from personal account;
  • complaint against the employer.

The timing of the application has already been mentioned. In fact, if you know how to properly defend your rights, you can achieve justice. Now in Russia, special attention is paid to debts to employees. Many employers have already faced criminal penalties and fines. The main thing is not to be afraid to defend your legal rights. With proper preparation and knowledge of labor laws, you can achieve justice and even get your money back. The exception is unofficial employment. The employer does not pay wages - what to do? It’s not so difficult to answer now!

Salaries must be paid at least every six months.

Delay in salary for more than 15 days is a violation of the law.

Provided that the salary is white and the labor relations are official.

Once these two weeks have passed, you can claim compensation and/or suspend work.

Calculation of compensation for delayed wages

For violation of salary deadlines, the employer is primarily liable in rubles.

The employee must receive compensation for each day of delay in wages, regardless of whether the employer is at fault or not.

Calculate compensation and contact management with a request (preferably in writing) to issue a salary. Justify your demand with Article 236 of the Labor Code of the Russian Federation.

The following formula is used to calculate compensation:

(debt - personal income tax) × 1/150 of the Central Bank key rate × number of days of delay

Compensation may be greater than the amount received according to the formula if this is provided for in a collective or labor agreement and other local acts.

Suspension of work

If the company's management pursues a policy of “no money, but you hold on,” you have the right not to work. The argument is Article 142 of the Labor Code of the Russian Federation.

You'll have to write here. You need to attach to it:

  • Documents confirming that you work in this company (employment contract, employment order, work book, etc.).
  • Documents on the amount of salary.
  • Documents indicating non-payment of earnings (pay slips, bank statements, etc., calculation of debt and compensation).

However, you are not obligated to continue working for the debtor company. If the fact of non-payment of wages is established, you can do so at any time, without working for two weeks.

Payment of wages to an employee under an employment contract must be made at least twice a month. Delays in such calculations are unacceptable and threaten the employer with serious troubles, so most companies try not to violate this legal requirement. However, anything can happen, and if an employee is faced with the dishonesty of his management, he should know what to do if the employer does not pay wages.

Where to go if you don't get paid

The problem of untimely salary payments is not visible in the standard reporting that companies submit to various inspection authorities. The balance sheet shows, at most, the wage arrears at the beginning and end of the year, but such a debt may well fit into the current legislation, since it may be accrued but not yet paid wages for December. Reporting on pension contributions and personal income tax shows the amount of budget contributions and, in some cases, the very fact of transfer of payments, but again, this may not always indicate payment or, conversely, a delay in payment of wages to employees. Thus, if a company does not conduct a special inspection (as a rule, we are talking about an on-site inspection of all aspects of accounting), then inspectors simply will not know about violations of labor laws. Thus, the employee must know what to do if wages are not paid. In such a situation, he has three possible options.

First of all, an employee who is faced with non-payment of wages can contact the labor inspectorate. Such an appeal is made in the form of a written complaint with a request to restore the violated rights. The document is drawn up in free form, it indicates the full name of the person applying, passport details and registration address, as well as details of his employer - name, legal address, and other information known to the employee. Such a complaint may lead to the initiation of an inspection of the employing company. At a minimum, the labor inspectorate will issue an order to eliminate the violation of labor legislation.

The second authority that will help defend the rights of the employee is the prosecutor’s office. A complaint to the prosecutor's office that employees are not being paid can be reviewed by the prosecutor and later taken to court. In some cases, this even threatens the employer with criminal liability.

Finally, the employee has the right to apply directly to the court with a statement of claim for the collection of arrears of wages. Such solutions are resorted to, as a rule, when we are talking about delays of several months, when a fairly decent amount of debt has accumulated.

Compensation for delayed wages

Even one day of delay in paying an employee’s salary means the employer must pay compensation. It is calculated as one hundred and fiftieth of the key rate in effect during the period of delay from the amount of debt for each day of delay in payment. Thus, if we are talking, for example, about a delay in settlements with an employee in the amount of 20,000 rubles for a period of 14 days (in April 2017), then the amount of compensation will be:

20,000 x 1/150 x 9.75% x 14 = 182 rubles.

The formula by which compensation is calculated is given in Article 236 of the Labor Code. It also states that the compensation payment cannot be less than the amount calculated in this way. This means that the employer, for example, in a collective agreement, may provide for a different payment procedure, and in case of delay will be obliged to comply with it.

Responsibility of an employer who does not pay wages

The measures aimed at ensuring compliance with the employee rights discussed in this article are very stringent. First of all, this is administrative responsibility in accordance with Part 6 of Article 5.27 of the Code of Administrative Offences. According to its provisions, complete or partial failure to pay wages on time involves a fine on an organization from 30,000 to 50,000 rubles, on an official - the head of an organization from 10,000 to 20,000 rubles, or from 1,000 to 5,000 on an entrepreneur.

In addition, if the employer does not pay wages, then criminal liability may be provided for such a violation - Article 145.1 of the Criminal Code.

So, if the head of a company delays wages only partially for a period of 3 months, and his personal interest in these actions is proven, then this may cost him a fine of up to 120,000 rubles or an amount corresponding to his personal income for a period of up to one year. He may also be deprived of the right to hold certain positions or engage in certain activities for up to one year. More serious measures include forced labor for up to two years or imprisonment for up to one year. The choice of specific punishment is assigned at the discretion of the court.

If the company did not pay wages in full for 2 months or during the same period paid wages below the minimum wage, which again was a selfish decision of its manager, then the fine will range from 100,000 to 500,000 rubles or the amount of income of the guilty person for three years. The alternative may be forced labor or imprisonment for up to three years.

If the described mercenary acts had grave consequences determined by the court, then the possible term of imprisonment is increased to five years. Additionally, the head of a company that fails to pay wages may be deprived of the right to hold a certain position or engage in certain activities for a period of up to five years.

It is worth noting that the sanctions for businesses provided for violation of labor laws in terms of wage payments are among the most stringent in Russian legislation, so employers are unlikely to be happy at the prospect of having to face their application in practice. Therefore, an employee whose salary is being delayed can be advised to first notify the negligent superiors about plans to report the delay in payments to any authorities. Perhaps this will solve the problem.

In addition, an employee whose wages are delayed for more than 15 days has the right to refuse to continue working until the debt is repaid. You must notify your employer of your intention not to appear at the workplace in free form in writing. He will be required to start working again as soon as he receives written notification from the employer of his readiness to repay the salary arrears. The employee's job must be retained during this period of absence.

Despite the fact that legislators often update legal acts, the state has created special institutions for the protection of workers' labor, which must inspect enterprises, all the same to their employees. Even the many ways to transfer salaries to employees does not save the situation. The company management's excuses can be whatever they want, but this is a violation. Only few ordinary subordinates know that wages are one of the primary expense items for the enterprise.

What is commonly called delayed wages?

It is ignorance of their rights that often forces employees of a particular enterprise, institution or organization to simply endure long delays in wages and do nothing on their part. However, every employee, if he is already thinking about what to do when the employer does not pay wages, should know that he has all the rights to contact the necessary authorities. You just need to correctly understand when a delay in payments will be considered a violation by law, and when it will not.

So, based on Article 142 According to the Russian Labor Code, the permissible period when the management of an enterprise can delay the payment of wages to its subordinates is a period of no more than 15 days. Now almost all official relations regulated by labor legislation must be formalized by concluding an employment contract. This should always be done, so all business leaders know this. The employer's obligations clause in such an agreement always specifies the date when he must pay the advance to the employee, as well as his wages.

But even if there is no such contract (agreement), a contract can be concluded, a decree or order can be issued. Therefore, if any of these documents are available, the employee has the right to feel confident when he does not know where to turn if his salary is not paid. Because if you are unofficially employed, there is no point in contacting the Labor Inspectorate. You can only complain about the employer to the tax office and reveal the fact that the latter employs illegal workers. But then there is a big risk of losing your job completely.

What actions should the employee take?

When already 15 days have passed from the date on which, according to the employment agreement, you should have been paid for your work, you can already notify your employer in writing of a violation of the terms of the employment contract. You will have every right to suspend your work because one of the parties (your employer) has violated its obligations. Moreover, you can do this without any loss of your job.

In general, there are several main methods that an employee has the right to take in the event that he is not paid wages:

  1. Personally contact the employer and peacefully try to agree with him on the changed conditions. Inquire about the reasons for non-payment and how management can solve the problem.
  2. If the enterprise has a specially created commission for disputes between the workforce and management, you can file complaints there.
  3. If you cannot agree with your manager on the next payments, then you should warn him in writing that you will be suspending your work due to non-payment of earnings.
  4. Stop working until your wages are paid.
  5. In the event that wages are not paid even when employees have suspended their work, it makes sense for subordinates to contact the state inspection agency, which guards the protection of workers.

Pay attention! Not all employees can suspend their work. Those who are prohibited by law from such action cannot stop working if they are not paid. This may include some medical workers, law enforcement officers, workers at hazardous facilities (for example, nuclear power plants) and other workers.

A subordinate can notify of the upcoming suspension of his labor process only after a half-month has passed. This should be done by submitting an application addressed to the director of the company where the employee is employed. Such a primary document simply indicates the reason and intention not to work until the due wages are paid. But it is better not to temporarily leave your workplace until you are sure that your application has been accepted through the office, it has an incoming number and you have been given a copy of it.

When a citizen suspends his official activity, he may have rights to the following types of social protection:

  1. Has the right to be absent from his workplace.
  2. No one has the right to forcefully fire him.
  3. May take part in strikes that do not contradict the laws.
  4. For the entire period of suspended work, the subordinate retains his average earnings.
  5. May not work until the delayed amounts are paid in full.

How to protect yourself

The defense is organized by the article 234 Labor Code of the Russian Federation. The employee’s right to refuse to perform his job duties will be a kind of self-defense and a fair reaction to violations by management. All these provisions are disclosed in the federal legal regulation No. 434-FZ dated December 30, 2015. These provisions amend Article 142 of the Labor Code of the Russian Federation and protect the rights of workers. After the employee receives a notification from his management that they are ready to pay him for everything, he can then begin his work duties if the employer agrees to continue cooperating with him.

Important! When the day for payment of remuneration to an employee falls on a calendar day off or a holiday, the employer is obliged to accrue wages on the eve of this time. He must pay vacation pay no later than 3 days before the first day of vacation.

Where to go if you don't get paid

If a worker does not know where to turn, if they have not been paid for half a month, then you can inquire about this at any law firm or ask a question online on the website of any legal consultant. Nowadays, many such official portals have the opportunity to provide such consultation for free through consultants directly on their website. There are several ways you can go if you haven’t been paid for more than 15 days, even after personal communication with management:

  1. Submitting an application to the commission on labor disputes created directly at the enterprise.
  2. You can complain to the State Labor Inspectorate.
  3. Filing a claim against the employer with the prosecutor's office at the place of residence and employment.
  4. Filing a claim in court - in the district court.

Important! When you submit an application to the commission created by the enterprise trade union, it should be considered within 10 days, but no longer than that. After the decision is made and the order issued by the commission, the employer is given a period of three days during which he is obliged to pay the entire debt to the employee (employees). If, nevertheless, the management is indifferent to such an order, then the commission will only have to make a certificate and issue it to the applicant. With such a paper, it will be easier for the employee to go to court, because he will be able to attach it to the claim.

The state structure of the administrative apparatus at the federal level contains such a body as the Labor Inspectorate (it is also called the State Labor Inspectorate). This body is designed to regulate all sorts of issues and conflicts that arise between the employer and employees. Therefore, as soon as a subordinate does not know what to do if he has not been paid his salary for more than a month or more than two weeks, he can immediately complain to the Inspectorate. This authority has the full right by law to fine enterprises and suspend their activities for not complying with the terms of labor agreements with workers.

The application that you will submit to the labor inspectorate should reflect the following important points:

  • full name of the organization and address where the paper is submitted;
  • details of the company (its codes, address, contact details) where the employee works who is not paid;
  • personal information of the applicant himself - the employee;
  • a statement of the essence, indicating all the deadlines, when and how much they were supposed to pay.

Labor Inspectorate is obliged to consider such an application no longer than 30 days. After the decision is made, the applicant employee receives an email notification that a decision has been made in his favor to recover the amount of wages from the employer.

Additional information: it is very important that such statements are always accompanied by documents from the accounting department that could confirm the employee’s complaint. At this stage, employers usually try to promptly pay the entire amount that is owed to the employee.

What does an employer face for delaying an employee’s earnings?

Violation of labor legislation by employers in relation to the payment of remuneration to their subordinates is punishable by law with a large fine, seizure (termination of permission) of licenses and suspension of business activities until a certain period.

The fines prescribed in such cases are as follows:

  • 1000-5000 rub. for officials;
  • 1000-5000 rub. for individual entrepreneurs (IP);
  • 30,000-50,000 rub. for a legal entity (company, enterprise, organization, institution, firm and other institutions of various legal forms of ownership).

In addition, the court may assign compensation in the amount of 1/300 of the refinancing rate, which is taken from the entire accumulated unpaid amount of money. Therefore, as soon as you are puzzled by the question of where to complain, if you have not been paid your salary for a long time and you, for your part, have repeatedly appealed to the company management for this, do not wait any longer, file a complaint or claim with the Labor Inspectorate or the district court. It should be noted that all cases considered by the prosecutor's office take a very long time to be resolved. In fact, it is faster to act through the Labor Inspectorate.

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