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 not issued labor 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

Besides the tax worker who is not paid black or summer 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.

The unscrupulous employer violates where it is written that the employment contract is considered to be concluded if the employee has begun to fulfill official duties, not even being signed by the parties. With informal employment of its subordinates, the employer can be attracted to criminal () and administrative punishment () - a fine, suspension of activities or even imprisonment to 2 years. How to protect your rights and where to seek to recover a well-deserved wage will tell this article.

Where to contact?

Working unofficially citizens often face the reluctance of the employer to pay their work and wonder how to recover wages if it worked unofficially. First of all, you can contact the labor inspection and the prosecutor's office at the location of the employer's firm with a complaint. It is necessary to be ready that it will have to prove the fact of working activities in the company - the testimony of witnesses will be suitable, printing phone calls from the organization, documents where the employee's signature is, etc.

Labor inspection protects the rights of employees and monitors the observance of the law by employers, for example, in the event of informal work.

Procedure for recovery through labor inspection wages ():

• collecting evidence;
• filing a complaint;
• waiting for the solution.

There are no restrictions on time to appeal to the employment inspection. In this it main feature and advantage of the court. After receiving the complaint, the inspector will check the circumstances of the case. There is an opportunity to conduct confidential inspection - the employer will not know which of the employees came to the labor inspectorate. The inspector will answer for 30 days, in some cases this period can be extended for another 30 days, but no more.

If earlier measures taken to solve the problem did not help, should be applied to the court. How to recover a salary through the court if there is no employment contract? The question of interests of many citizens employed at informal work. Procedure when contacting the court to recover wages:

• refer to the statement of claim;
• collection of documents proving the availability of labor relations between the displeased employee and the employer;
• get the verdict of the Court.

If the employer, after making a court decision, refuses to pay an employee who works unofficially, wages, then the employee has a salary debt will be charged with jurisutive bailiffs.

Statement of claim

Failure of wages with informal work - the phenomenon is not rare. If other pressure levers on the employer did not have a positive effect to recover wages to contact district Court of Bessing the employer. If there are other branches and units located at different addresses, you should contact the location of the main office.

The document must contain the following data:

• the name of the judicial instance;
• the data of the plaintiff and the defendant;
• the price of the claim is the amount that the worker wants to recover from the employer for informal work;
• description of the circumstances of the case - the date of employment, position, the size of the salary, in which there is a wage arrears and in what size;
• evidence attempts to pre-trial settlement issue.

It's important to know:the amount of debt that the employee wants to recovery may contain compensation () for each day of delay in% - 1/300 rates from the amount of debt and compensation for moral damage.

The state duty for filing a lawsuit is not required by software.

Documents for the court

To recover a salary without an employment contract (unofficial work) is a labor-intensive and long time. The employer does not pay the salary and it threatens the court proceedings for both parties.

List of documents to recover wages:

• statement of claim;
• duplicate order of work;
• calculation of wage debt for informal work;
• calculation of compensation;
• evidence of the availability of working relationships between the employer and the employee - documents with an employee's signature, the printout of conversations by phone with colleagues from work, witness testimony.

We remind me, the state duty with workers is not charged. All expenses will be charged with a court from the employer.

Time

When contacting the court, it should be remembered that there are harsh time to submit a claim. The law is determined in 3 months From the moment the employee learned about the violation of his rights. During this time, the employee can recover wages if he worked unofficially.

If the deadline for filing a claim for good reasonsThe court will restore the term. If not, the refusal will follow and recover wages for informal work, it will be possible only through the labor inspection.

In matters of salary recovery from the unfair employer, please contact our lawyer who will help determine which strategy should be adhered to in court.

Contact your work inspection with a complaint about a violation by the employer of labor legislation, indicate that employment relationships are not properly issued. You can specify about non-payment of salary. Give as much facts confirming the work (witnesses, etc.). If you contact the court, you will have to establish the fact of employment relationships, and then collect s / pl.

Start with the Labor Inspectorate will be faster.

Chrome Larisa Georgievna (03/05/2014 at 15:06:12)

Your employer may have big problems. First, you were obliged to conclude an employment contract.

"A labor contract that is not executed in writing is considered to be concluded if the employee has begun to work with the knowledge or on behalf of the employer or its representative. In the actual assumption of an employee to work, the employer must arrange an employment contract with him in writing no later than three working days from the date of the actual assumption of an employee to work " (Article 67 of the Labor Code of the Russian Federation).

And in-expert, for non-payment of wages is established both administrative and criminal liability. In your case, the criminal one is already:

Article 145.1. Non-payment of wages, pensions, scholarships, benefits and other payments

1. Partial non-payment of over three months of wages, pensions, scholarships, benefits and other payment established by the law committed from self-employed or other personal interest by the head of the organization, the employer - individual, head of the branch, representation or other separate structural division of the organization, -

shall be punished with a fine in the amount of up to one hundred and twenty thousand rubles or in the amount of wages or other income of convicts for the period up to one year, or deprivation of the right to hold certain positions or engage in certain activities for up to one year or forced work For up to two years, or imprisonment for up to one year.

2. Full failure of over two months of wages, pensions, scholarships, benefits and other payments established by law or payment of wages over two months in the amount below established by Federal Law minimum size wage. Perfect from self-employed or other personal interest by the head of the organization, an employer - an individual, the head of the branch, representation or other separate structural division of the organization, -

shall be punished with a fine in the amount of from one to five hundred thousand rubles or in the amount of wages or other income of convicts for the period up to three years, or forced work for up to three years with deprivation of the right to occupy certain positions or engage in certain activities for up to three years or Without such, or imprisonment for up to three years, with deprivation of the right to hold certain positions or engage in certain activities for up to three years or without any.

(as amended. Federal Law from 07.12.2011 N 420-FZ)

3. Acts provided for by parts of the first or second of this article, if they entailed grave consequences -

shall be punished with a fine in the amount of two hundred thousand to five hundred thousand rubles or in the amount of wages or other income of convicts for the period from one year to three years or imprisonment for a period of two to five years with deprivation of the right to hold certain positions or engage in certain activities for a term up to five years old or without that.

Note. Under partial non-payment of wages, pensions, scholarships, benefits and other payments established by the Law in this article refers to the implementation of the payment in the amount of less than half the amount to be paid.

You can write a complaint both in the prosecutor's office and in the employment inspection. But pre-make a voice recorder of peace negotiations with the employer, on which to fix both the period is not paying and its size.

For example, it can be your peaceful reasoning with a leader that "I have already worked for 4 months, and the salary is paid only for. The size of the salary in such a sum is quite suitable for me, but already debt in such a size. I just would like to know When approximately the repayment of debts by salary, etc., etc. "

Signed, and then write the complaint.

Find out what to do if it worked unofficially, without registration and salary did not pay. Tips and opinions of experts!

Modern employers are often dishonest in wages. Therefore, there are often situations when the question sounds: "worked unofficially and did not pay the salary, what to do?" Or "What to do if you worked without registration and do not pay a salary?"

In order to avoid trouble, with employment, an employment contract between the employer and the employee must be concluded. It is in this document that all essential working conditions are prescribed. Well, if the contract is not concluded, then there is no order for hiring, and therefore records in the employment record.

This fact also suggests that the employer will not pay hospitals and decrets, it is not obliged to pay prizes and various surcharges. The employer has no legal obligations to employees, which means it can delay the wage or not to pay it at all. But on the other hand, and you, as an employee, are not legal responsibility for his work.

For violation of legislation in terms of registration of labor relations, the employer can be punished with an administrative penalty or suspension of activities for a certain period. And since it does not form officially workers, it means it comes from taxes. For this violation, criminal liability and imprisonment under two years are faced.

So what if you work unofficially and do not pay salary? According to Art. 67 of the Labor Code of the Russian Federation, the unformed contract is considered concluded from the moment when the employee has begun his duties from the knowledge of the employer. When not paying wages, you can compare to the prosecutor's office or the labor inspection. The fact of work in the company (for the absence of an employment contract) will have to be proved. Certifications may act as evidence. If you signed any work documents, it may also be proof that you have worked for this employer.

See also: Work on the part-time entry in the employment record

What if the employer does not pay salary?

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He worked unofficially, did not pay the salary. Where to contact?

Hello. He settled in January the head of the warehouse to the SP, after the month of the test period they fired me for personal motives, counted that I did not come out. When dismissal, did not pay a salary for half a term (about 17 thousand rubles), saying that they would pay, when the warehouse inventory will be finished, in case I could slow down there. From the moment of the dismissal passed 4 weeks, money is not given, they say that they have not yet been counted, pull the rubber. Officially, I did not have time to arrange, so there are no entries in the employment book. Witnesses that I worked there, I think there will be. The admission of admission unfortunately on the site has not been preserved, so it is not known whether I can prove that the employer must me 17,000, and not say 3000. I read that you can contact the work inspection, the prosecutor's office and the court.

Question 1: Do I need to inform the employer in advance that I'm going to take action against him, or it will be better for him to surprise so that he does not have to resuse documents?

Question 2: If you contact, then where better? If in several places, then in which sequence, if it matters?

Question 3: What can I count in my case, on the punishment of the employer, on the payment of money put on me, or is it possible that I will not achieve anything at all?

Answers of Lawyers (1)

It is necessary to collect as much evidence as possible, witnesses, documents that you signed, skip, etc.

It is not worth a warning of the employer.

The amount of wages is not sure that it will determine, but you can count on the minimum.

First, it is necessary to try to settle the question with the help of the state labor inspection, while simultaneously preparing to apply to the court with a claim, as the term of appeal to the court for the permission of an individual labor dispute to make up three months (on the restoration at work - 1 month) from the day when the employee learned or It should have learn about the violation of his labor rights (Art. 392 of the Labor Code of the Russian Federation).

Before going to court, you need to send a letter to the employer demanding to pay salary and register it in incoming correspondence, or send it by registered mail With a receipt notice.

This letter will be in court proof of an attempt to resolve the dispute in a pre-trial order, and when the employer is replied, it will probably be evidence that the employer really hired you to work.

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What to do if they did not pay a salary at unofficial work

Unfortunately, in modern conditions It is impossible to exclude the situation in which you cannot receive a fee for your work. It is especially problematic to solve the issue when you were not officially employed. What to do, and what ways there are ways to force the employer to pay you a salary - let's try to understand this article.

Tricks employers

What tricks can employers be resorted to avoid the need to pay the money earned by an employee? Sometimes these are frankly fraudulent schemes, in some cases the employer is trying to explain the delay in payments by temporary financial difficulties in the enterprise.

As you understand, the reasons can be contrived, and their diversity is constantly growing. Consider several real examplesin which employers or do not pay salary at all, or pay a significantly smaller amount from the agreed pre-first.

According to a staffing schedule

You are in a job search. Respond to a vacancy placed in the media or the Internet. After a successful interview you are hired. To do this, write a statement in which the wording "with a salary, according to a staffing schedule" can appear.

On the day, when you get your first salary at this place, its size may be unexpectedly small. The secret is that money rewards paid you in full compliance with the salary provided for by the staff of the company. And when applying for ads, the salary size was intentionally increased to attract candidates. You will simply say that an error was made in the ad.

Around the coefficient

Another opportunity for the employer significantly reduce the salary to its employee - the use of coefficients for the period of the trial period.

During the employment, you will simply "forget" to warn you that for 1-2 months, as long as you, according to the employment contract, are on a probationary period, your salary is a certain percentage of the employee's salary. Depending on the arrogance of the employer, this coefficient of reducing the real payment may vary from 10 to 50 percent.

In captivity of crisis

In the situation of the financial and economic crisis, enterprises motivate delays with the payment of the fact that they have no money for it. Perhaps the company did not receive the planned profit, or the deal was unprofitable. Employees are asked to "suffer" a month, then two ...

There are real cases when a person worked not one month, hoping to get his earned money. When this situation consists in the enterprise, where you have worked for a long period, then you can wait a few months. But if it becomes the norm, but, moreover, you just recently started working in a new place, it is better to start looking for another job.

Informal employment

Studying the problem of delay or refusal to pay a salary if you worked unofficially, you need to start with the fact: the legislation of Russia does not provide for such a concept as "informal employment".

Despite this practice shows that the relationship between the employer and the employee without signing the employment contract, the phenomenon is quite common. This is negatively reflected, first of all, it is on the employee who determines its social guarantees and rights provided by the law.

The signing of the employment contract between the employer and the employee is provided for in Article 67 of the Labor Code of the Russian Federation. The letter of the law implies the obligation of the employer to issue this document, which stipulates the relationship between both sides.

In the case when you work unofficially, the document is not issued. Also, the company will not have any documents about you (an order for enrollment into the staff, etc.), no appropriate entry in the employment record is not done. The salary will be paid to you "black", without paying taxes and all the necessary contributions to social funds.

See also: Maternity leave and childbirth TK RF

How to achieve salary payment

What to do in a situation when I worked without registration, and did not receive the salary? Are there real mechanisms that can make the employer pay the money earned?

In the 67 article of the Labor Code, there is a position according to which even unformed documentary agreement can be considered concluded in a situation where the worker began to work, and the employer gave its consent to this. In this case, it will have to fight for their rights with the help of such structures as the Prosecutor's Office and the Labor Inspectorate.

First of all, you will have to imagine good evidence that you really worked in this company. This will arise certain difficulties, since there is no signed employment contract. After you compile a complaint with a description of work without proper documentary, an appropriate check will be initiated.

According to the results of the investigation, the employer will have to be liable, in accordance with applicable law. At the same time, you have the right to demand from the employer to pay for you a declared amount of remuneration for the work done.

How to prove the fact of work

In such a difficult situation, the most difficult can be collected by the evidence base, which can confirm the fact that a person really worked and performed certain functions in the interests of the employer. This necessity will arise if the consideration of your complaint will come to the relevant state structures.

What to do in such a situation? First of all, the testimony of witnesses will be useful. It may not only be former colleagues and employees of the organization. As a witness, a client or business partner of the company in which you worked are.

Additionally, it can be submitted to the documentation with which you worked in this company.

If there are documents worked out by you personally or with your signature, they will definitely advocate that you really worked in this organization. Any acts, overhead, even printing calls from your cell phoneIf it may indicate that you regularly had contacts with employees or company management.

Features of unofficial work

In fairness it should be noted that unofficial work has both positive and negative sides. Negative:

• There is no warranty of hospital and maternity leave, a high chance to stay without premium and additional payments.
• When processing, you can also not get an acclaimal;
• High risk of salary delay, or refusal to pay.
• Getting a "black" salary, you do not work out your work experience, it does not take into account when calculating the pension.
• In case of production injury, you can stay without the insurance payment and compensation.

But in informal employment there are positive moments:

• Paying the "black" salary, the employer, and therefore you, save on tax payments.
• Having a "black" salary, you will not pay the alimony or others from it appointed by the Court of Payments.
• Working unofficially, you cannot bear legal responsibility for the results of your work.
• The high probability that the "black" salary will be significantly higher, in comparison with the one you will receive if you place a job officially.

Evaluating all the minutes and pros, everyone must independently make a decision, to work as an employment contract or unofficially. It is important to evaluate all the risks and provide for possible consequences Decision made.

How much do actors earn in Russia

What is the "black" salary and what is the responsibility of the employer?

The rarity is rare when employers in good faith and honestly want to show their reliable income, paying taxes from them by the state. Let's figure out in the subtleties of salaries. The name "black", the same meaning has a "salary in envelope". What is a salary in envelope? So, the employee is accepted to work with the condition that he has a "black" salary. What should you expect? Since the purpose of employers is to reduce tax payments to the maximum, then the official design of an employee does not envisage. It is necessary to be prepared that the employment contract will not conclude with him, or only the official part of the salary will be indicated in it, as a rule, it is a small share of it. The employment record will not make a mark about the period of work on this company, although the book by the employer may require bring. The salary will be paid most likely in the envelope from hand to hand in mutual agreement, imprisoned literally in words, counting on mutual decency. The employee's salary will consist of two parts: the first "black", the unofficial, which he will receive in the envelope, and the second is formal, the one that will be indicated in the employment contract. In order to have the potentiality to avoid paying taxes honestly and in its will, the employer has to lead a two-way documentation in accounting, while unaccounted earnings will come to the black salary.

What to do if the employer does not pay the unofficial salary

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Worked unofficially, the salary did not pay: what to do

It is in this document that all essential working conditions are prescribed.

Well, if the contract is not concluded, then there is no order for hiring, and therefore records in the employment record. This fact also suggests that the employer will not pay hospitals and decrets, it is not obliged to pay prizes and various surcharges. The employer has no legal obligations to employees, which means it can delay the wage or not to pay it at all.

What to do if the employer does not pay the unofficial salary

In accordance with Article 57 of the Code, the Terms of remuneration, in particular the amount of wages, must be included in the employment contract with the employee. In practice, some employers are officially ready to pay only part of the real wages and in the labor contract only to specify this figure. By the rest of the amount declared at the interview, as a rule, no juristic documents, for example, additional agreements or orders for additional charges.

Any employed employee wages should be paid 2 times a month. The deviation from the graph let even one day unacceptably - in such a situation, the employer is punished. But what if the money is not issued by weeks or months?

The firm's responsibility to their employees for a complete non-payment or partial delay of salary and other cash payments can be administrative, material and even criminal.

Regulated by the Code of Administrative Offenses. According to Article 5.27, it is possible a warning or a penalty prescription:

• officers and private employers - from 2 thousand rubles. up to 5 thousand rubles;
• on legal - from 50 thousand rubles. up to 80 thousand p.

The repetition of violations will lead to a fine of 10 thousand rubles. up to 20 thousand rubles and from 50 thousand rubles. up to 70 thousand p. respectively. Officials may be devoid of qualifications for a period of 12 to 36 months.

Based on Article 236 of the Labor Code of the Russian Federation, we can say that:

• the responsibility of the employer arises the day after non-payment of payout employee;
• the obligation of material compensation appears regardless of the presence of the guilt of the employer in the situation arising;
• under the law, not only wages, but also compensation for vacation, hospital or payout during dismissal;
• if the funds were not paid to the employee at all, the employer company is obliged for each full day of delay to add an amount to its debt, which is equal to the 1/150 current key rate (now it is 9.25%);
• if the payment was incomplete, then the calculation is made on the basis of residual debt.

Suppose that the unpaid employee amount amounts to 100 thousand rubles, and the delay period is 45 days.

1/150 key bet \u003d 0.061% (1/150 x 9.25%)

In one day, the employer must employ 61 rubles (100 thousand p. X 0.061%), which means in 45 days, financial compensation will be 2,745 rubles.

Regulated by Article 145.1 of the Criminal Code of the Russian Federation.

The responsibility of the employer appears with a complete or partial (less than half of the laid), non-payment due to the employee for personal or mercenary commercial reasons.

If the employee did not receive fully salary money or other payments for more than 3 months, then a fine of up to 120 thousand rubles can be imposed on the head of the company. or within its wage (or other income) for the period up to 12 months. Also possible is possible to occupy specific job positions for a period of up to 1 year. Punishment can also be established in the form of forced labor to 2 years or imprisonment for the period up to 1 year.

With a complete non-payment of an employee of more than 2 months due to him, the manager may be discharged in the amount of 100 thousand rubles. up to 500 thousand rubles or in the amount of other three-year income. Prohibition of posts, correctional work or imprisonment can be set for a period up to 36 months.

Before going to human rights defenders, it is recommended to talk with the bosses and try to resolve the issue. If there is no result, then you can defend your interests in the work inspection, the prosecutor's office or in court.

The appeal to the State Labor Inspection (GIT) according to the law governing the rules for the processing of civil appeals is anonymous. The application is issued in free form with a mandatory indication:

According to the results of the consideration of the appeal, GIT can send a notice to the employer about the need to immediately make a settlement with employees, as well as notify the law enforcement agencies.

If the employer does not fulfill the prescription or the Labor Inspectorate refused to protect his rights, the employee may apply to the prosecutor's office. In this case, it is possible to complain about the employer, and at the staff of the Labor Inspectorate. The limitation period on the issue is 12 months.

It is possible to appeal to the police in order to attract the management of the firm to criminal liability.

It is important to know that in accordance with Article 142 of the Labor Code of the Russian Federation, an employee may, putting the employer in fame in writing, do not attend the place of work until the repayment of payments debt. This right can be used from the 16th day of delay (there are exceptions, for example - civil servants, full list in the text of the law). Middle earnings during the suspension of the duties are preserved.

But, in addition to legal moments, there are several recommendations, how to "survive" the period of non-payment of salary with minimal losses:

What if they delay the salary and where to complain?As the Labor Code indicates, each employee has the right to receive wages twice a month. Closer to the end of the month, as a rule, an advance is issued, and at the beginning of the next one, the remaining part of the salary. Accurate payout dates are installed at each enterprise separately and are written in an internal labor regulation if this date will fall out on a day off, the accrual should be made on the eve. If a person has not received a salary exactly on time, it can already be considered a violation of its rights, even day delay is taken into account. In this case, the employee relies with monetary compensation. Today we will talk about what you need to do if the employer delays the salary and how to properly write a claim for wage delay.

If the salary is delayed during long time By law, this may be considered a 15-day period, the employee has the legal right to refuse to fulfill his duties. However, leave workplace Representatives of some professions do not have the law of such a right and after a 15-day period, this concerns civil servants, state-owned staff, livelihood workers, representatives of enterprises engaged in hazardous production.

Gross violations Labor Code Russian Federation Threaten to the employer administrative and even criminal punishment. The question is solved with the help of labor inspection, prosecutors and judicial authorities.

How to make compensation without scandal

If the salary was detained for a short time, the worker has the right to demand compensation. Its size for each day should be at least one three-way from the refinancing rate operating during the delay period in the Central Bank. As of July 23, 2016, the rate was 11 percent. Takes into account every day of delay. That is, the amount of compensation is determined from the total amount of the debt to which one more three hundredth from 11 percent per day is added.

The employee's right to compensation is registered in the Labor Code. In enterprises with a good reputation, it is always taken into account this and in the event of a delay add to the salary of the amount. But more often people face the opposite: whether the employer knows the laws badly, or it is most likely, it does not want to pay more. At the first stage, the problem is trying to settle within the enterprise. In the event of a delay and complaints from at least one person create a labor dispute commission, which includes representatives of the working team and an employer, participants must be equally on each side. The statement of the employee is registered, after which the dispute should settle for ten days: either the employee immediately pay the detained salary, or if the decision is not fulfilled, the certificate is issued, and in fact the executive document, which must be attributed to the bailiffs.

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In addition to monetary compensation, the employee may also require:

• salary indexation, if it comes to constant delays for a long time and general depreciation of money during this period;
• compensation of moral damage (only through the court).

How to act if the salary is delayed for a crescent?

With long salary delay An employee, if only he is among those who are forbidden such a shape of the strike, has the right not to go to work. Before that, he is obliged to inform his employer in writing. If the last notifies that he is ready to pay for the work done, as soon as a person returns to his labor duties, an employee will need to appear on the day after receiving such notice.

What if the problem fails to be solved inside the collective

Relationships inside the team can be very different, and it is not always possible to achieve an understanding from other employees or, even if there is an understanding of colleagues, settle the conflict with the employer through the Labor Commission. Therefore, you can safely contact state bodies. Next, we will analyze where can I complain if the employer delays salary.

Apply to the Labor Inspectorate

Appeal to the labor inspection or its regional office is seen within a month. You can give a complaint in writing directly or send by mail by registered mail (in order to receive a notice of the presentation), today in many regions there is also the opportunity to send a complaint over the Internet. It is desirable to apply a copy of the employment contract and any written evidence proving the delay of payments.

If in the inspection, consider the arguments fair, experts will send an instrument to the employer, indicating their debt to the employee, taking into account the accumulated interest.

Do not forget to specify your return address in the complaint, telephone for communication, as well as the amount of debt and the number of salary delay days.

This option can be considered the most convenient and most effective, since the labor inspectorate is dealing with issues of salaries delay and violation of the rights of workers. In addition, inspection officers, in case of needing, should help with the preparation of an application to the judicial authorities, and during the proceedings to confirm the validity of the claimant's claims.

Apply to the prosecutor's office

You can also contact the prosecutor's office, submitting a complaint in writing (it is also possible to attribute a statement to the office or send by registered mail). Prosecutor's check can identify other disorders, after which the employer will impose sanctions.

Apply to the District Court

The case can reach the court not only after checking the labor inspection or prosecutor's office, although their support will be far from unnecessary for the employee, but also on the personal initiative of the citizen. Contact the court at the place of registration of the employer's enterprise.

To make the decision to be positive, you need to make a maximum of documents and evidence of the unfair attitude of the employer:

• original employment contract;
• statement about non-payment;
• copy of the employment record;
• a copy of the order of employment;
• certificate from income accounting;
• bank statements (relevant if the salary is accrued to the card);
• copies of the calculated sheets;
• calculation of debt (according to accounting and own version);
• testimony of witnesses.

Apply to the world court

If the salary was accrued, but it did not reach the employee, you can contact the world judge with a request to issue a judicial order, that is, the executive document on which the plaintiff will be obliged to issue an unpaid salary. The order is issued within 5 days after the appeal.

How to write a claim

How to write a claim for wage delay? The question of the uncomfortable part of the money can be relevant not only in case of delays, he often arises when the employee is dismissed and wants to receive compensation for him for vacation, which he did not use him. In this case, the claim is written in the name of the head and may look something as follows:

Director of Taxi LLC

Ivanov Ivan Ivanovich

from Petrova Peter Petrovich,

(indicate the position)

Claim

I, Petrov Petr Petrovich, worked at Taxi LLC from 01/01/2015 to July 23, 2016 as a driver, which confirms the employment contract concluded between me, Petrov Peter Petrovich, and the director of Taxi LLC Ivanov Ivan Ivanovich, as well as Writing record from 01.01.2015.

I responsibly performed my duties, however, for the period from 01.06.2016 to 07/23/2016, I did not accrue a salary, which indicates a violation of 22 Articles of the TK of the Russian Federation.

Based on the order No. 43478 of July 23, 2016, I was fired under Article 80 of the TC of the Russian Federation.

The size of the salary unpaid to me in Taxi LLC was: for June 2016 - 18 thousand rubles, for July 2016 - 14 thousand rubles, and only 32 thousand rubles.

On the basis of Article 114 of the Labor Code, each employee has the right to an annual paid leave, but I didn't use this right this year and did not receive compensation for this, the debt is 14 thousand rubles.

Employers, delaying their subordinate payroll payments, are responsible for law on the basis of Article 143 of the Civil Code of the Russian Federation. I believe that the management of Taxi LLC violates and does not fulfill the laws.

Based on this, I demand:

I give me a salary in the amount of 32 thousand, funds for vacation that I did not use, in the amount of 14 thousand, and also compensate the costs that were spent by me on a lawyer's services, in the amount of 5 thousand rubles, and everything is paid 51 thousand rubles.

I ask the answer to send at the following address: Vladimir, Levitan Street (indicate the exact address).

In case of incomplete satisfaction of all my legitimate requirements, and even more so in case of refusal, I will have to go to the labor inspectorate in the city of Vladimir, the prosecutor's office, as well as to apply to the court. I will additionally demand to compensate me material damage and pay compensation for moral damage. You will also have a reimbursement of all my judicial expenses.

08/01/2016 Signature

What responsibility is waiting for the employer

For violation of the Labor Code of employers, it is usually attracted to administrative responsibility. In case of delays of payments, they may threaten the following fines:

• up to five thousand rubles for officials;
• up to five thousand rubles or the suspension of activities for 90 days for individual entrepreneurs;
• for legal entities Penalties can reach up to fifty thousand rubles, they may also prohibit activities within 90 days.

In special cases, the amount of fines can increase to 500 thousand rubles.

Employers can also expect criminal penalties with large fines (to half a million), three-year prison And deprivation of the right to hold certain positions during the same period. This is if they do not fully pay the salary for at least two months. If for at least three months the employer gives part of the salary, but less than half, it can be fined only by 120 thousand rubles and deprive of freedom for one year. But to bring to the criminal liability of those persons who pay more than half of the monthly salary for a long time for a long time, pretty difficult.

If the salary is issued on a sulfur or black scheme, to prove the fact of non-payment will be much more difficult, so try to immediately agree with the employer that all payments will be made officially.

If there are several people at work with delays, it is best to act together. Collective statements in all organs are discussed faster and more often lead to positive results.