Where to go if wages are not paid. If your salary is delayed, what to do, where to go

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 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.

The law does not provide for ways in which an employer can avoid paying compensation. But he may well get rid of criminal and administrative liability.

Penalties

In 2019, late monthly wages are punishable by the following sanctions:

1. Officials undertake to pay a fine of 10-20 thousand rubles.
2. For individual entrepreneurs, the amount of the penalty is 1-5 thousand rubles.
3. The legal entity will be required to pay a fine of 30-50 thousand rubles.

If the fact of repeated delay in wages is revealed, the amount of the fine increases and amounts to:

1. For officials - 20-30 thousand rubles.
2. For individual entrepreneurs - 10-20 thousand rubles.
3. For legal entities - 50-100 thousand rubles.

If the employer does not pay the full amount of the debt to the employee within 2 months, then the following penalties are provided for him:

1. Imprisonment for up to 5 years. In this case, the convicted person is deprived of the opportunity to occupy a similar position or conduct certain activities during a specific period.
2. A fine of 100-500 thousand rubles.
3. Deprivation of income or salary for a 3-year period.

Video about actions in case of arrears of wages

If wages are not paid, what should I do? Surely this issue worries a huge number of citizens who were defrauded of money by an unscrupulous employer. Currently, many companies, citing the economic crisis, are trying to save money on their employees by depriving them of their salaries.

However, for most Russians, employer money is the only source of income. If they don't pay their salaries, what should they do? How to live? Let's look at these questions in detail.

Are there ways to find justice for those companies whose management illegally deprives their employees of compensation for their work? Certainly! And they should be used whenever an employer cheats with money.

Sabotage

So, if wages are not paid, what should you do in this situation? The answer is quite simple - you have the right to stop working.

However, there are certain nuances here. You must inform your employer of your decision in writing. You will be able to stop going to work only after 15 working days have passed from the moment you were denied payment of your hard earned money. The third clause is that if you are in the government or military service, work in hazardous production or in the field of supporting people’s livelihoods, then under no circumstances can you leave your responsible post.

What measures to take

Of course, for many, the important question is what to do if wages are not paid. The protection of employee rights is regulated in detail in the Labor Code, which provides clear instructions in the event of “monetary” fraud on the part of the employer. Of course, you should be able to defend your privilege to receive remuneration for your work.

So, what to do and where to go if you don’t get paid? Let's consider this issue in detail.

Self-defense

One of the common options for solving the above problem is a dialogue with the company’s management. Again, it should be emphasized that there is no need to be afraid to defend your interests and fear that relations with your superiors will be damaged. Believe me, if the director sees that you are childish about the fact that they are delaying payment of money for your work, then he may think that you are satisfied with this state of affairs. As a result, apart from unsubstantiated promises that you will receive money later, you will not hear anything from management.

So, if salaries are not paid, what should be done to solve this problem? You should choose a different behavior strategy: be tough in matters of salary payment. Before you talk to your boss, write down your complaints on paper so that if something happens, they can be addressed to their intended destination.

And, of course, inform your management that if you do not reach a consensus with them, you will give complaints, claims and lawsuits legal progress. Only in this case can you count on being taken into account.

Labor Inspectorate

Question: “I don’t get paid – what should I do?” has another fairly common solution. Legislation allows an employee to contact the labor inspectorate if his rights and interests are violated. For the majority, this method of dealing with “unscrupulous” employers is acceptable, primarily because the above-mentioned body was created specifically to ensure that guarantees in the field of labor relations are observed.

In other words, if you are not paid your salary, you don’t know what to do, we can advise the following: feel free to contact the labor inspectorate by sending a written complaint there. This way you will provide the supervisory authority with a reinforced concrete basis for conducting an audit of the company’s activities for compliance with workers’ rights.

If the results of the audit confirm violations of labor laws, then the administration of the enterprise, in addition to being obligated to pay money to its employees, may be subject to penalties. In certain cases, labor inspectorate employees will provide you with all possible assistance in drawing up statements of claim to the courts.

Prosecutor's office

Are you not getting paid? What to do in this case? Of course, it wouldn’t hurt to write a complaint to the prosecutor’s office, which also falls into the category of supervisory authorities. Its employees, upon your request, initiate an investigation, as a result of which the guilty person may be brought to justice, including criminal liability. Naturally, none of the employers will want to pay a fine, much less go to jail. Therefore, after the above verification, your salary will be issued immediately.

Judicial authority

Is your employer lying to you when he says that the company has nothing to pay your salaries? What to do in such a situation?

You can take drastic measures and write a statement of claim directly to the court. Naturally, your primary goal is to return your honestly earned money, while punishing an unscrupulous boss is a secondary desire for you.

Imposing sanctions on the “unfortunate employer” is the prerogative of the above supervisory authorities, and the court will help you restore justice from a financial point of view. Moreover, in the statement of claim, you have the right to ask for the return of both the principal amount and a penalty for illegal use of funds, which is calculated based on the refinancing rate established by the Central Bank of Russia. It is important to remember that penalties are counted from the day you should have received the money.

When considering what to do if you are not paid, it should be noted that you also have the right to count on moral compensation. In this case, you must provide evidence that you suffered morally as a result of not receiving remuneration for your work.

So, when deciding what to do if wages are not paid, the recommendations will be as follows: first try to resolve the situation peacefully by discussing the problem with the employer, and if this does not help, then use heavy artillery - contact the supervisory authorities.

Where can I call if my salary is not being paid?

You don't have the slightest idea what to do if your salary isn't paid? In some cases, you don’t need to go anywhere or write complaints – just make one phone call. According to the law, every person has the right to contact any government agency if his rights are violated, and he can do this in any form. That is why labor inspectors or prosecutors are required to respond if you dial their phone number. However, you must remember that an official investigation will require a written document - such requirements are imposed by law.

Thus, if you called, for example, the prosecutor’s office, then you have the right to rely only on consultation from employees about your further actions or on the appointment of a specific time when you can personally communicate with the investigator. In response to your request to conduct an inspection, you will be required to submit a statement, which you must submit in writing.

In some cases, delays in payment of wages cannot be avoided.

Now you know several effective ways to resolve the issue of how to win back your salary.

However, situations often occur in life when it is not the employer’s fault that you did not receive remuneration for your work on time.

Good reasons

Delays in wages may arise due to circumstances beyond the will of the employer. In such cases, the director is obliged to pay his subordinates monetary compensation, the amount of which is determined taking into account the refinancing rate set by the Russian Central Bank. At the same time, the legislator does not allow any exemption from this obligation, even if we are talking about force majeure circumstances.

One way or another, the law requires payment of remuneration for work at least twice a month. This postulate is also enshrined in the internal labor regulations, and even if the delay in payment of money was only one day, then this is already a violation. At the same time, it is difficult to imagine a person who would complain to the labor inspectorate that he received his salary not on the 15th, but on the 16th of a particular month. Nevertheless, such violations are unacceptable and it would be wrong to turn a blind eye to them.

Employer's responsibility

If there is a delay in paying employees remuneration for their work and other violations of labor law, the guilty person, as a rule, is brought to administrative responsibility. Individual entrepreneurs and officials are required to pay a fine, the amount of which varies from 1,000 to 5,000 rubles. In addition, the former's business may be suspended for up to 90 days.

As for legal entities, if they fail to pay wages on time, they can get off with a fine of 30,000 to 50,000 rubles. They may also be subject to a penalty in the form of suspension of their business activities for a period of 3 months. If we are talking about a relapse of the above offense, then disqualification for up to 3 years cannot be ruled out.

When wages are not paid for two or more months, sanctions provided for by criminal law are applied to those responsible. In this case, violators will have to pay a fine of 100,000 to 500,000 rubles, or they may be imprisoned for up to 3 years, and they will also be prohibited from engaging in entrepreneurial activities or working in a leadership position for the same period of time.

Conclusion

If your employer does not want to pay your hard-earned money, then under no circumstances be passive in this matter. Don't be afraid that you will ruin your relationship with your superiors. Think about what will happen if you remain without money for several months. After all, it's never too late to change employers if your specialty is in demand on the labor market. Do not forget that the employment relationship is subject to the terms of the contract, and if one party at some point ceases to fulfill its obligations, the other can not only demand their proper fulfillment, but also reserves the right to change the employer or employee.

Unfortunately, in Russian reality, workers often have to deal with delays and non-payment of wages. In most cases, the situation is quite ordinary, accompanied by a certain mutual understanding between the employee and management. The employee is asked to “get into the situation” and subsequently the money is still paid, in extreme cases, in installments. If the situation is more critical and the employer has not paid wages for more than one month, but continues to provide “breakfast”, it is worth thinking about decisive action.

Failure to pay is a reason to talk to your boss

In case of non-payment of the earned amount, much depends on the relationship between the employee and the employer, on the psychological atmosphere in the team. One way or another, before resorting to using the provisions of the Labor Code in practice, it is worth talking with your superiors and trying to find out what the real state of affairs is and what position management takes on the issue of non-payments.

It is worth noting that not always, even in the absence of official registration, the employer takes the position “if you don’t like it, quit.” As a rule, dismissal of an employee, especially in a crisis situation, entails problems and troubles for all parties.

This is often unprofitable for the employer, since the departure of an employee is associated with a possible delay in the delivery of certain projects or orders; the new employee will join the work from a week to a month, depending on the functional complexity of the work process, while hiding the real state of financial affairs from the new person often impossible. Therefore, despite the fact that “in the hearts” the boss may throw out the phrase about dismissal, in practice he may not need this at all.

However, if conversations with management do not lead to anything, it is worth resorting to a law that, at least on paper, can protect the interests of the employee.

What to do if they don’t give you a salary?

and you can’t come to an agreement?

So, the situation is as follows: “they don’t give me my salary, what should I do?” Of course, a lot depends on whether the employee is officially registered.

If relations with the employer do not fall within the scope of regulation of the Labor Code, then first it will be necessary to at least prove the very fact of working in the company. To do this, you need to provide strong evidence, which is often difficult. The maximum that an employee can put pressure on is the presence of the so-called “black cash register” from which payments were made. Management is of little interest in government audits and inspections of various regulatory bodies, so this can stimulate the employer to find a solution to the current problem.

If the registration is official, then there are much more opportunities for influence (and legal) on the authorities. It must be said that in such situations the management itself tries not to bring the situation to a boiling point.

The employer does not pay for the work done

- looking at the situation through the prism of the law

The first thing that can be done if non-payment of wages becomes systematic is to stop work in accordance with Article 142 of the Labor Code. You must notify your employer in writing that you are suspending work for the entire period until your wages are paid. According to the law, the employee has the right not to be at the workplace. It should be noted that there are certain categories of workers who do not have this opportunity. For example, military personnel, rescuers, employees of emergency services, law enforcement agencies, hazardous industries, and government employees cannot take advantage of this provision of the law.

In addition to the obligation imposed by law on the employer to pay delayed wages in full, Article 236 of the Labor Code provides for compensation for each day of downtime for an employee. The calculation of the amount of compensation is accompanied by some nuances that are dealt with directly by the organization’s accounting department.

If the situation in the company is not completely neglected, then the suspension of work will most likely have an effect on the management and they will make every effort to get out of the current situation. Of course, it is possible that desperate management will simply decide to “disperse everyone,” but in this case it is important to convey to the employer that such an approach can bring tangible problems and conflicts with the law.

Prosecutor's office, labor inspectorate or court

- where to go if they don’t give you your salary?

Many workers, depressed by the regular non-payments occurring at work, are depressed and confused, asking the question: “they don’t give out wages, where should I go?”

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What to do if wages or other mandatory payments are delayed? Where to go if your salary is not paid? What to do in order to receive the required payments? We will look for answers to all these questions in our article.

Where to go and what to do if the employer does not pay wages?

Where to go if you don't get paid? This issue, despite the fairly strict legal regulation in the labor sphere, still does not lose its relevance.

In this case, there are several options for the development of events (by the way, nothing prevents you from using all of them at the same time):

1. If you don’t know where to turn if your salary is not paid, then keep in mind that the first authority should be your management. According to the current legislation (Article 142 of the Labor Code of the Russian Federation), the employee has the right to self-defense, which can be expressed in the form of absenteeism in the event of a delay in payment of wages for more than 15 days. But it must be said that in this case the employee is obliged to notify the employer in writing of his intention. At the same time, the provisions of the law establish the employee’s obligation to report to work no later than the next day after receiving notification from the employer of readiness to pay the debt on the day he resumes work. In addition, this article of the Labor Code provides for a number of restrictions for workers in certain professions who do not have the right to suspend work:

4. If they don’t pay your salary, where else can you turn? What remains is the trial. In this case, the question is not about punishing the culprit, but about returning what was honestly earned. The authorized bodies (mentioned above) will apply sanctions against the employer, and you need to worry about getting your money back. At the same time, in the statement of claim, you can demand not only the return of the debt amount, but also compensation in the amount of 1/150 of the key rate of the Central Bank of the Russian Federation (currently 8.50% per annum) for each day of delay. It should be noted that accrued compensation should be calculated from the day following the day when your wages should have been paid. That is, if it should be issued on the 15th, then compensation will be accrued from the 16th.

Based on the above, everyone can use one or more of the proposed options (see also: Where to complain about an employer, and how to complain correctly?). One thing is for sure: if an employer does not pay wages, he can and should be held accountable and his rights protected. For this purpose, the legislator has provided several effective legal protection mechanisms.

Don't know your rights?

How to submit an application to the prosecutor's office against an employer?

According to the Constitution of the Russian Federation, the prosecutor's office is a supervisory body authorized, among other things, to conduct prosecutorial checks on received complaints from citizens (see: How to file a complaint with the prosecutor's office (sample)?). Due to the fact that current legislation provides for several types of liability, the prosecutor has the right to conduct an inspection in order to apply the required sanctions against the unscrupulous employer.

If the employer does not pay wages, then when contacting the prosecutor’s office, the algorithm of actions will be as follows:

1. Come to the prosecutor's office.
2. At the entrance, find out the name and office number of the officer on duty (the prosecutor or one of his assistants or deputies).
3. Explain to the duty officer the essence of the problem.
4. Write a statement with him.

If you do not have time for personal visits, you can write a free-form application yourself and send it by mail.

Who and where to call if wages are delayed?

So, let's figure out where to call if wages are delayed. In accordance with the Law “On the Procedure for Considering Appeals from Citizens of the Russian Federation” dated May 2, 2006 No. 59-FZ, citizens have the right to submit an appeal to any government body in any form and receive a response to their appeal.

The law does not provide for a mandatory form of such treatment. Therefore, if wages are delayed, you can also contact the above-mentioned authorities - the prosecutor's office or the labor inspectorate.

But it should be noted that all official checks are carried out only if there is a reason, which must be documented in writing. This means that you can get advice on possible further actions and arrange a meeting with representatives of a government agency by telephone, but if you want these bodies to take real action to resolve the current situation, you will still have to apply in writing.

How long can wages be withheld and is this acceptable?

In general, if you don’t get paid, we’ve told you what to do. However, life is unpredictable, and the situation may turn out to be such that the delay occurs for reasons beyond the employer’s control. In this case, a reasonable question arises: how long can wages be delayed?

According to Art. 136 of the Labor Code of the Russian Federation, wages must be paid at least 2 times a month - on days established by the internal labor regulations of a particular organization. In this regard, violation of the specified deadlines even by 1 day is unacceptable and may be grounds for holding the employer liable.

Of course, it is unlikely that anyone will knock on the doors of the authorities if the money was delayed for a day, but from a theoretical point of view this is possible. Thus, we emphasize once again: wages cannot be delayed regardless of the timing. Otherwise, there is a reason to hold the employer liable.

Responsibility of employers who do not pay wages (including after dismissal)

If wages are delayed or in case of violation of other labor rights of employees, the employer is responsible for this in accordance with Art. 5.27 of the Code of Administrative Offenses:

• a fine of 10,000 to 20,000 and from 1,000 to 5,000 rubles is imposed on officials and individual entrepreneurs, respectively;
• for legal entities the fine ranges from 30,000 to 50,000 rubles;
• if a violation of this kind is repeated, the fines increase: from 20,000 to 30,000 rubles for officials, from 10,000 to 30,000 for individual entrepreneurs and from 50,000 to 100,000 rubles for organizations.

In case of complete non-payment of wages for 2 or more months, sanctions are applied in accordance with criminal law. Art. 145.1 of the Criminal Code of the Russian Federation provides for punishment:

• in the form of a fine, the amount of which ranges from 100,000 to 500,000 rubles or equal to the salary or other income of the convicted person for a 3-year period; or
• imprisonment for a term of up to 3 years plus deprivation of the guilty person the right to carry out certain activities or the opportunity to occupy certain positions for a similar period (or without it). It all depends on the specific circumstances of the case and the classification of the act under parts 2 or 3 of this article.

Now about good reasons for delayed salaries. If the employer does not pay wages on time, but this delay occurred due to circumstances beyond the will of the employer, he, in accordance with current legislation, is obliged to pay compensation to employees, which is calculated at the key rate of the Central Bank of the Russian Federation (see. : What compensation is due for delayed wages?). He may also be additionally brought to administrative liability.

The legislator is strict in this matter: he did not provide for the possibility of avoiding payment of compensation even in the event of force majeure circumstances. But administrative and criminal liability can be avoided (as judicial practice shows).

Nowadays, many employers, trying to save on taxes, pay their employees black wages or wages “in an envelope”. This is quite risky for the employee, because it may happen that upon dismissal or at another time, the employer will stop paying him the due amount. In this regard, an employee may have a question: what to do if the employer does not pay unpaid wages?

It is possible to return unpaid wages after dismissal, but this is usually not easy to do, because its size, and sometimes even the fact that the person works in the organization, is not reflected in the employer’s documents. An employee who has not been paid back wages will have to collect a lot of evidence and go through several levels to confirm that the employer is not paying the due amount to protect his violated rights.

How to force an employer to pay black wages

If an employee is not paid an unpaid wage, the first step is to go to an appointment with the head of the organization and state your demands for payment of the promised wages. If, upon dismissal, the employee was not paid a salary, it is necessary to explain to the employer that in the event of non-payment of wages, the employee will be forced to seek protection of his rights from the relevant authorities, which will entail unpleasant consequences for the organization in the form of numerous inspections and litigation. In addition, it is necessary to explain to the manager that the employee will file a complaint with the Tax Inspectorate, which has the right to hold the employer accountable for tax evasion and impose a significant fine on him.

It is possible that after such a demand, the employer will prefer to resolve the issue peacefully, because an employee’s complaint can lead to both loss of money due to the imposition of an administrative fine, and the prosecution of the head of the organization, even criminal liability.

If the employee was unable to receive a salary upon dismissal, then you can obtain payment of the promised earnings by contacting the competent authorities. These include the Prosecutor's Office and the State Labor Inspectorate. In addition, it is also possible to collect the black wages due to the employee by going to court at the location of the employer. In this case, the employee will not incur the cost of paying the state duty, because plaintiffs in labor disputes are exempt from paying it. But if the claim is satisfied, the employer will have to pay a fee to the budget for the case, calculated based on the amount of the claim.

The prosecutor's office, being a supervisory body in the field of protecting the rights of citizens, conducts inspections based on requests from employees and, if violations are identified, issues orders to eliminate them.
The State Labor Inspectorate has similar functions, acting as a special control body in the field of labor.
You can contact these authorities by making an appointment with an employee authorized to receive citizens’ appeals (assistant prosecutor, labor inspectorate specialist). You can complain about the unlawful actions of your boss by preparing a written complaint to the specified authorities, where you should set out in detail the essence of the problem.

Before filing a complaint, you should collect evidence that the employee worked in the organization, but the promised salary was not given to him. This evidence may include testimony from other employees, audio and video recordings, etc.

The employee’s appeal is drawn up in any form, but it should mention all violations committed by the employer, the name and contacts of the employing organization, the name and address of the government body to which the complaint was filed, as well as information about the sender of the appeal (full name, address, phone number, email ). The complaint must be signed and dated.

You can send an appeal by mail, as well as through the website of the prosecutor's office or inspection, attaching electronic versions of documents. Once a complaint is received, it will be considered within thirty days. During its consideration, an inspection will be carried out and a response will be given to the employee, which will indicate measures that will help extract black wages from the employer.

How to prove illegal wages in court

To force them to pay back wages, workers often have to go to court. However, in order to recover the required amounts from the violating employer, the employee will need to prove that he actually worked in this organization and was promised a salary in a certain amount. This is not easy to do, because documentary evidence of these circumstances is very difficult to find, especially if the employee worked for the employer without official employment.

By submitting a statement of claim to the court, the employee will have the opportunity to sue for black wages. In this case, the expenses incurred by him during the trial will be borne by the employer, in particular, the payment of legal services (within reasonable limits). Therefore, it is better to resort to the services of a specialist who will help you correctly draw up a statement of claim, correctly formulate the plaintiff’s demands and collect the necessary evidence.

In addition to the requirements for payment of wages, by virtue of Art. 236 of the Labor Code of the Russian Federation, an employee may demand payment of interest for non-payment of unpaid wages on time; this interest is 1/300 of the refinancing rate of the Central Bank of the Russian Federation on unpaid wages for each day of delay.

To prove that the employee actually worked for the organization, evidence may be required such as:

• testimony of witnesses (other employees);
• payrolls;
• photographs and videos.

This evidence will help establish the existence of an employment relationship between the employee and the employer.

You will also need evidence confirming a certain salary amount. These may include:

• pay slips showing the amounts received by employees;
• envelopes in which salaries were paid, with notes;
• advertisements in newspapers and the Internet describing the vacancy and salary levels;
• testimony of other employees of the organization who can confirm the amount of remuneration in the organization;
• statistical information on wages for certain specialties.

If the court considers that the evidence presented by the employee is sufficient to confirm the plaintiff’s position, then it will make a decision to establish the fact of an employment relationship and collect unpaid wages.

In addition, the court has the right to issue a private ruling to the violating organization, which may indicate the need to comply with the requirements of the law and the inadmissibility of violating the labor rights of employees. The employer must correct existing violations of the labor rights of employees within a month, and then inform the court. If such actions are not taken, the employer may face administrative liability for failure to comply with the requirements specified in the private court ruling.