Unfortunately, in Russian reality, employees often have to deal with delays and non-payments of wages. In most cases, the situation is quite ordinary, accompanied by a certain mutual understanding between the employee and the leadership. The employee is asked to "enter the situation" and subsequently money is still paid, as a last resort, in parts. If the situation is more critical and the employer does not pay a salary for no longer one month, and "breakfasts" continues to feed - it is worth thinking about decisive actions.

Fail-loop patch - reason to talk to the boss

In case of non-payment of earned amount, much depends on the relationship between the employee and the employer, from the psychological atmosphere in the team. One way or another, before resorting to the use of the provisions of the Labor Code in practice, it is worth talking with the boss and try to find out what the real state of affairs and what position is the guidelines on the issue of non-payment.

It is worth noting that not always, even in the absence of official design, the employer takes the position "I do not like - dismiss." As a rule, the dismissal of the employee, especially in the crisis situation, entails problems and trouble for all sides.

It is often unprofitable to the employer, since the care of the employee is associated with a possible breakdown of the deadlines for the delivery of certain projects or orders, a new employee will join the work from a week to month, depending on the functional complexity of the workflow, while hiding the real state of financial affairs from the new person Often it is impossible. Therefore, despite the fact that "in the hearts", the boss may throw the phrase about the dismissal, in practice it may not be necessary for him.

Nevertheless, if the conversations with the leadership do not lead to anything, it is worth resorting to the law, which, at least on paper, is able to protect the interests of the employee.

What to do if the salary does not give,

and it's impossible to agree?

So, the situation is as follows: "Do not give salary what to do"? Of course, much depends on whether the employee is officially issued.

If the relationship with the employer does not fall into the scope of regulation by the Labor Code, then to begin with, at least, it will be necessary to at least prove the fact of work in the company. For this you need to present good evidence that it is often difficult. The maximum that an employee can prescribe is for the presence of the so-called "black box office" from which payments were made. The authorities are not very interested in state checks and inspections of various controls, so this can stimulate the employer to find a solution for the established problem.

If the execution is official, then the possibilities of impact (and legitimate) on the bosses are much more. I must say, in such situations the leadership itself tries not to bring the situation to the boiling point.

The employer does not pay for the work done

- A look at the situation through the prism of the law

The first thing that can be done is if the failure of the salary becomes systematic - to stop the work in accordance with 142 Articles of Labor Code. It is necessary to put the employer in writing to the suspension of your work for the entire period before the payment of wages. According to the legislation, the employee has the right not to be in the workplace. It should be noted that there are certain categories of workers who do not have such an opportunity. For example, servicemen, rescuers, emergency staff, law enforcement agencies, hazardous industries, civil servants cannot be used by this norm.

In addition to the obligations assigned to the employer, the obligations to pay a detainee wage fully article 236 TC provides for compensation for each downtime for an employee. Calculation of the amount of compensation is accompanied by some nuances with which the organization's accounting was operated directly.

If the situation in the company is not trusted, then the suspension of work is most likely affecting the bosses and it will make every effort to exit the situation. Of course, it is possible that the desperate leadership will definitely 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 apply if you do not give out salary?

Many workers depressed by the regular non-payment occurring at work are in the oppressed state and confusion, asking the question: "Do not give salary where to contact?"

Moreover, it happens not only in the "gray" firms, but also where salaries pay fully officially. The reasons for not making workers a lot and each director has their own.

But is it well not the design of the newly arrived employee? What consequences can the director and the company itself be expected when not compliance with labor legislation? Is this risk justified for the company and business in general? Consider in this article.

Masking of a unformed worker

In the "white" companies, often the only problem see the need to somehow arrange payments for the work that an unformed employee does. For this, the salary due to him is accrued and issued to someone else:

• (or) conclude labor contract with a person who will indicate the worker himself;
• (or) draw up internal combination with another employee of the company, who transmits money to the unformed employee.

In the name of this person and the accrual of insurance premiums and NDFLs.

Well, where, where money is given for work, "in the envelope" come easier - make up an employment contract with a "empty" date in one copy and keep it ready, in order to pretend that this person has just been adopted (on the design of labor TC agreements assign 3 days from the date when a person has begun to work).

What trouble do you expect a company?

However, the presence of such an employee may be for the company's slowdown bomb. After all, if a person from the knowledge and on behalf of the employer began work, then, despite the fact that the employment contract is not issued, it is still a prisoner. So, the company automatically arises all the associated duties, both before the employee and the state. And for the failure to comply with each of them - its responsibility.

Everything can open, for example, as a result of an accident with this employee in your territory or conflict with him, after which he complains about not making relationships in the labor inspection, funds, tax inspection, the prosecutor's office will appeal to the court, etc. For them, this can be a reason for carrying out checks.

Attention! For the tax authorities received information about non-registration of labor relations - one of the reasons include the company to the plan of field checks.

And if the fact of work will be proved by the court, where the employee turns out, or this fact will consider proven verifier, wait for trouble. And sometimes, as evidence of admission to work, the court is quite some of the testimony (former or current employees, customers and other counterparties, with whom a neurofiled worker).

Nude 1. Directors and the company will attract administrative responsibility for violation of labor legislation. For the company, this is a fine of 30,000 to 50,000 rubles. For director - fine from 1000 to 5000 rubles.

The term of limitation of attraction to justice - 2 months from the date of the violation. There will be a violation here not only in itself is not the execution of an employment contract, but also failure to comply with the employer's duties arising from relations with this employee (not familiarizing the employee with internal documents, non-employment entry into the employment record, the lack of an order for employment, not compulsory medical examinations, non-unique personal protective equipment, etc.).

Written for the latest violation, for example, for bringing to work in a weekend without written consent.

If the director has already been fined during last year At least for one of the same "labor" violations, he threatens disqualification for a period of 1 year to 3 years. Dividity can during the year from the moment of re-violation. To refer to the fact that the worker himself refused to sign an employment contract, most likely it will be useless.

Nolescence 2. Inspection and Funds are accrued to NFFL, contributions, penalties and fines, if they prove that the unformed worker received a black salary. And if it charged to the unformed employee "White" salary to pay to another person, then in your interests to reduce the detachments to transfer payments in accordance with reality. But in this case, it is not always possible to avoid detachments. There may be arreed in insurance premiums if:

• (or) the employee and the person who was issued instead of him different age. Then paid contributions may be incorrectly distributed to insurance and accumulative parts;
• (or) The salary of a unformed person was charged with another employee of the company for "alignment" and the annual income of the latter, taking into account the extra charge, exceeded 512,000 rubles, and without it, it does not reach this magnitude.

Similar problems may arise with personal income tax, because each has their own deductions.

Trouble 3. Tax and funds are flying for failure to submit reports on the unformed employee. Possible fines:

• for not the delivery of information of personalized accounting on the unformed employee and, if the salary of the invisible employee was charged to another employee, for unreliable information on who was charged by his salary. The fine for the company is 10% of the amount of salaries from each of them for each of the reporting periods, a fine for the director - from 300 to 500 rubles;
• i do not pass 2-nddfl on the unformed employee. Fine for the company - 200 rubles. For each not a downed certificate, for the director or chief book - from 300 to 500 rubles.

Four. If an accident occurs with a unformed employee in your territory, you will need to be notified whole line Gosorganov (including labor inspection and prosecutor's office) and appoint an investigation. For trying to hide an accident, the company may finf in the amount of 5,000 to 10,000 rubles, and the leader is from 500 to 1000 rubles.

Insurance provision of the victim to the employee, despite the fact that it was not issued, must pay the FSS (if the employee turns out there). However, if the employee received a "black" salary, the fund will most likely require the company to reimburse the amounts of insurance provision, presenting to it the so-called regress claim. If the salary was "white" (that is, the contributions to the "unfortunate" insurance) were paid from it, but she was charged to another person, and after an accident, she managed to re-inform the affected employee, then the Foundation claims should not be.

If the unformed worker did not samples in the general magazine that the labor protection instructions, safety and training rules and training, the director may consider it guilty of harmful to its health. For this, criminal liability is provided: from fine 200 000 rubles. Before the "term" 4 years - depends on the severity of the effects of an accident.

Nude 5. Upon the occurrence of an insurance case with an employee, he will require through the labor inspectorate of payments for a hospital leaf or pregnancy and childbirth. To go for it, for example, an employee who first refused to design, and later, adding the ranks of future mothers, decided to replay everything for the sake of obtaining maternity and "children's" vacation. The manual will have to pay out of his pocket. However, if contributions for the salary of the unformed employee will be accrued, the FSS should be reimbrangering.

Nude 6. If you paid a salary "in the envelope" to the unformed employee and he did not sign out anywhere in her receipt, he may be able to deny - will deny that he received a salary, and will require it again, and even with compensation for delay. Compensation size - 1/300 refinancing rates from the amount of the detainee salary for each day of delay. When there are no written agreements on the value of salaries, labor inspectors can calculate compensation on the basis of or from the minimum wage or from the salary established by your wage position ( staffing schedule), and from the work schedule for the post, which worked worker.

Nude 7. The employee will refuse to refund damages caused losses, and the court may support it.

Known such a case. The court established the fact of the work of a unformed employee and awarded that not paid paid and compensation for unused vacation. Despite this, the Court refused the company to recover from this employee of damages, which arose due to the fact that after the end of the latter before the dismissal of shift, he did not pass the documents belonging to the employer.

The motivation of the court is such: first, the employment contract was not issued, and therefore, the duties to take documents from the employee at the end of the shift. Secondly, since the inaction of the company who did not make an employment contract "is not in the legal field", it is not entitled to demand the judicial protection of its interests and "must bear the unfavorable consequences of their inaction."

In custody

You can never confidently predict how one or another person behaves and how circumstances turn out. And even if the responsibility and detachments can be avoided, the nervousness with the inspection will be abounding. In addition, sometimes directors do not occur completely obvious to the accountant things, for example:

• unformed worker cannot undergo a mandatory medical examination;
• if he is a financially responsible person and with him will be an agreement on full material responsibility, it will be unnecessary proof of employment, because such an agreement is possible only as an addition to the labor;
• he can not officially issue cash under the report;
• it will not be possible to make reliable primary documents that require its signature, such as travel sheets.

Employment can be official and unofficial. Each of these options have its pros and cons. The employee chooses the conditions on the basis of its capabilities, experience and worldview.

For many people, labor without registration in the staff is not only normal, but more preferable than the conclusion of the contract with the employer.

What does it imply?

Unofficial employment is the type of relationship between the employee and the employer, which is an employment without registration of the contract. IN Labor Code RF no such concept. According to the legislation, during the reception to work, the employer is obliged to draw up, describing all the conditions of future activities.

In case of informal reception, no documents sign up for any documents, the enterprise does not turn on to the list composition, the recording into the employment record is not done. That is, the period of such a work is not counted.

What is it profitable for the employer and employee?

Such relationships to some extent are beneficial and employee, and the employer. That is why they are so popular.

Pros for the employer:

• Do not have to pay. The obligation to transfer insurance sums into extrabudgetary funds is assigned to employers. Therefore, the main reason why enterprises prefer not to make up relations with the applicant are the opportunity to save.
• Reception and dismissal of personnel are not accompanied by long procedures established by law. If the organization decides that no longer needs a person's services, then the parties can stop labor relations at any time. At the same time, it is not necessary to expect a set dead, to send notifications to reduce, pay certain compensation and so on.
• The employer can find a person for urgent work. For example, in case of illness of the main employee, the employer finds an employee who temporarily performing certain responsibilities.
• Do not have to pay idle time. According to the Labor Code of the Russian Federation, if the worker cannot carry out activities on reasons independent of it, for example, when equipment breakdown, the enterprise is obliged to pay this time. If the contract is not concluded with him, these amounts can not be listed.
• You can not conduct a personnel document flow. The lack of official design allows the company to not burden themselves with the preparation of certain reports, filling in labor books, personal affairs and other things.
• You can not pay wages, vacation, violate legislation. Sometimes unscrupulous employers are specially looking for workers who agree to such conditions in order to obtain the necessary services from them, while not paying the agreed amount. Some practic a ban on providing employees of paid non-working time, most often this happens with school holidays and hospitals. Since a person does not formally have any rights, he cannot complain to state bodies.

For employee, too, there are some benefits:

• Higher wage. In this case, the employer does not charge NDFL, does not pay contributions to extrabudgetary funds, so it is able to establish such a salary level, which will be beneficial not only to him, but also an employee.
• Limited legal responsibility. If a person is not officially issued, it does not bear any responsibility for material damage. It is this fact that is the biggest plus in this form of work.
• The ability to avoid payments on executive sheets. Officially, a person is unemployed, so it may not pay the alimony and some other amounts, for example, deductions on the loan.
• The ability to work, if you can not get enough. Sometimes a person wants to find a source of additional income, a part-time job for a short time. Official clearance in this case may be difficult, since the main tenant sometimes prohibits such activities. Sometimes people are consciously looking for such work, because they can not get a job agreement. This applies to pensioners, disabled, women on maternity leave.

It is these reasons most often encouraging employers and employees to disappoint their labor relations.

Employment options

Employment in practice is two types:

• Official. At the same time, labor relations are made by drawing up one of two documents:
  • labor contract;

  Labor contract is concluded with all employees hired for permanent activities. It happens two types:

  • , that is, it is supposed to work at a certain period of time;
  • durable.

  The document must contain the following information:

  • information about the sides;
  • working conditions;
  • subject of contract, i.e. labor function;
  • terms of payment;
  • place of work;
  • the start date of activity.

  The civil law agreement is when an employee must fulfill certain work or services. Actually represents. Under such relationship, the employer should not charge pension contributions, provide certain working conditions, pay vacation and so on. Some unscrupulous employers deliberately use such an agreement instead of labor. In this case, the employee has the right to apply to the court for compulsory issues of the right documents and payment of compensation.
  Sometimes, as an official employment, employers offer limited conditions. For example:

  • the employee is drawn up for a shortened day, although actually works full;
  • he is officially accrued with minimal wages, and the residue is paid in cash.
• Unofficial. At the same time, the employee does not conclude a contract, it is not recorded in the labor book and so on. This type of activity is illegal.

Legal consequences of such labor relations are detailed in the following video:

What to do an employee?

If a person works for a long time without registration, although official employment was agreed with the employer, it should be resentment to the head of the need to conclude a contract. Sometimes this is enough to solve the problem.

If the company refuses to execute legislative norms, the employee may apply to the court. To do this, provide the following information:

• Documents related to employment. If there is an order, records in the employment record, contract, signatures under local regulatory acts They must be submitted to the court. Such an opportunity is if the design was not fully made, for example, a contract was signed, but there is no entry in labor.
• Documents confirming performance. These include:
  • various orders;
  • power of attorney;
  • executive documents and any others in which there is an employee's signature.
• Documents indicating the availability of labor relations. These include, for example:
  • compensation for the use of personal transport;
  • direction for courses;
  • pay for studies and so on.

  It is advisable to provide original documents, but even their copies can help in solving the case.

• Witnesses. These are persons officially employed in the enterprise, as well as business partners, customers. They must inform the court that they saw the employee performing a labor function, and repeatedly for a long time.

What can threaten to the employer and employee?

According to the legislation, the employer is obliged to conclude an agreement with an employee in three days Since the admission of person to work. For violation of the Labor Code of the Russian Federation, a certain responsibility is provided:

• the company can impose an administrative penalty of 50 thousand rubles;
• in some cases, activities can be suspended for a long time;
• tax authorities may bring responsibility in the form of payment of 20% of the total amount of funds to be transferred to the budget;
• criminal punishment provides a penalty of 100 to 300 thousand rubles;
• in special cases, the head may be devoid of freedom to two years.

An employee informal design faces violation of his rights:

• there is a risk of not paying for labor;
• maybe no vacation;
• may not be paid hospital;
• no social guarantees.

Man independently chooses the most profitable option of employment. But sometimes the risks associated with the unofficial design do not cover the benefit. Any disagreements between the parties can be resolved by finding a compromise, establishing conditions suitable for both the employee and the employer.

Unemployment is one of the problems of our society. To somehow live somehow, many citizens work unofficially, without an employment contract.

Also, there are often cases when the salary is at least awards officially, but a smaller part is carried out through accounting, and the large "gray" amounts are issued immediately to the hands of employees, without reflecting anywhere.

And often, when parting with an employee, such an employer either does not pay anything at all, or only pays what is recorded in the employment contract. What can I do here?

In contact with

In what cases can be recovered after dismissal

First of all, it should be understood that they are a relationship between an employee and an employer who does not make up an employment contract. However, the work itself was performed - therefore, it must be paid.

In this case, this method helps: any ways are recorded that the person worked unofficially.

There may be anything:

Any documents that managed to find. For example, if there is no accounting statements, but there are simply lists indicating the amounts for which employees described, and a copy of such a list managed to get a great proof.

The testimony of witnesses who saw the fact of work (best when they also charge the salary - and confirm each other's words).

Records on the voice recorder, video, photos, etc.

Based on all these evidence, a statement of claim is preparing and is submitted to court. In it, the plaintiff requires payments not for labor activities, but for the work performed or services rendered - within civil legislation.

Prepress in advance how successful will this step, it is impossible. However, there is a chance of winning things with sufficient evidence.

What to do before dismissal

If the "black" or "gray" salary is not paid, but the worker has not yet gone - there is a way to press on the employer.

The fact is that payments "in the envelope" are practically always fraud with taxes. Therefore, you can hint in a conversation with the employer that you are going to complain to the local tax inspectorate. Sometimes it helps to achieve payments in full.

True, it is worth remembering: Most likely, after that you will have to leave - hardly the owner will endure in itself a challenge worker.

In addition, you need to remember: black salary is a stick about two ends.The employer violates the law - but the employee hides its income and pays VAT. Typically, there are not those amounts due to which the tax authorities will make a case - however there is a risk that the employee will attract responsibility.

You can also go to court, but not for the recovery of unpaid amounts, but with the requirement to recognize the employment contract to prisoners. The fact is that Art. The 16th TK of the Russian Federation indicates that labor relations arise from that time when the employee was allowed to fulfill work - even if the employment contract was not concluded, or was concluded with violations. In this case, the problem will not be how much to prove the fact of work as in the specific sizes of gray or black salary.

Where else to complain

In addition to the tax worker who does not pay a black or gray salary, it makes sense to write a complaint to the prosecutor's office. To recover money, the staff of this body will not help, but the check materials may be evidence in court.

In addition, the very fact of appealing to the prosecutor's office can force the employer to pay the missing amount. This is true, more refers to psychological pressure - but, however, the method is quite often working.

The complaint can be filed both by mail and on personal reception. If you call the prosecutor's office, you can find out how and when it is carried out even at the prosecutor himself. Assistants are accepted on any working day.

More efficiently appeal to the employment inspection. Make it can be like traditional wayBy writing a statement and giving it a duty officer, and with the help of online services. In the latter case, execute the application on paper will still have to - but the inspectors will act earlier.

If the fact is proved that in the enterprise or IP people work without labor contracts - it is waiting for a rather significant penalty. Therefore, it should be noted, the threat to contact the inspection can be used in negotiations with the employer.