The former employer did not pay the salary. An employer does not pay wages: where to file a complaint? Contact your employer

On the day the employee ceases to work, the company management undertakes to provide salary and compensation. However, not everyone strives to comply with the law.

Dear readers! The article talks about typical ways to resolve legal issues, but each case is individual. If you want to know how solve exactly your problem- contact a consultant:

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What should Russian citizens do in such a situation? How to achieve justice?

What does the law say?

Required payments and compensations

The employee should be aware that full payment is made on the day of official termination of employment.

He should receive:

salary for actual time worked;
payment for unused rest days;
severance pay (provided in cases provided for by law).

Wages are calculated based on the period worked and the amount of salary due for the last month of work.

The following formula will help you:

Salary=(Salary)/N1*N2,

Salary – salary accrued for time worked in the current month;

N1 – number of working days in the current period;

N2 – number of fully worked days.

You can also recover due payments from an informally employed employee; the main thing is to begin protecting your rights as soon as possible.

Feature: in court you will need to prove the existence of an employment relationship.

They will help you:

witness statements;
documents signed by you (checks, invoices).

The employee has the right to recover not only all due payments, but also penalties for each day of delay..

To successfully resolve the situation, you will need certain knowledge of Labor legislation, so it is advisable to use the services of a competent lawyer.

Where to contact?

Now let's figure out where to go if you haven't been paid your salary upon dismissal.

Based on Law No. 59-FZ “Procedure for considering issues of citizens of the Russian Federation,” employees can solve the problem with the help of government agencies.

If you want to really solve the problem associated with the delay in payment after dismissal, you need to make an appeal in writing.

The main requirement is the reliability and maximum amount of information necessary for an objective assessment of the current situation.

Labor inspection– an effective and convenient way to solve the problem. The purpose of the organization is to control the implementation of the requirements of the Labor Code of the Russian Federation.

Authority:

receiving and considering citizens' complaints;
information regarding labor rights;
consideration of offenses, bringing the perpetrators to justice;
initiation of a criminal case.

The application to the inspection is drawn up in any form (a sample is presented below):

In addition to the labor inspection, prosecutor's office vested with sufficient power to control the implementation of the legislation of the Russian Federation.

Non-payment of wages is a gross violation that entails unpleasant consequences for the employer.

Court– when contacting the bailiffs, you will need to not only state your demands, but also justify them.

To do this you need a certain package of documents:

statement of claim of the established form;
photocopy of the employment order;
photocopy of the work book;
certificate of unpaid salary;
other.

If the company refuses to issue the necessary documents, the prosecutor's office or labor inspectorate will help you.

Disputes can be resolved no later than three months after receiving a copy of the order or work record book.

Employer's liability

Delay in payment to a dismissed employee provides for different types of liability:

Material (Article 236 of the Labor Code of the Russian Federation)– the employer provides an amount of 1/300 of the refinancing rate of the Central Bank of the Russian Federation of the total debt. Payment is made for the period from the date of dismissal until the actual payment.
Administrative (Part 1 of Article 5.27 of the Administrative Code). Provides for a fine of 1000-5000 rubles. for officials and individual entrepreneurs, legal entities are required to pay 30,000-50,000 rubles. If there is a repeated violation, these amounts increase and the activity may be suspended.
Criminal (Article 145.1 of the Criminal Code of the Russian Federation)– occurs if the debt lasts more than 2-3 months. The violator faces disqualification, a fine of up to 120,000 rubles, forced performance of work, and imprisonment from 1 to 5 years.

If wages are delayed, experts advise the dismissed employee to immediately go to court, and also to simultaneously write a complaint to the labor inspectorate and the prosecutor's office.

It is necessary to prepare an order to vacate the workplace and written testimony of witnesses.

When approaching government agencies, especially the court, the main requirement is to comply with the deadlines for filing a claim.

If it turns out to be more than a month, it is more difficult to restore justice. But the court may take into account valid reasons why it was not possible to contact the justice authorities on time.

When solving problems related to prolonged non-payment of wages, the employee has the right to demand indexation of the debt to the level of current inflation.

Management can be held criminally liable only if the delay was caused by personal interest. Another important condition is the presence of evidence of the use of funds allocated to pay employees for other purposes.

If the employer does not want to pay money on time after dismissal or delays resolving the issue indefinitely, immediately contact the justice authorities.

Experienced specialists will help solve the problem and compensate for the damage caused.

Attention!

Due to frequent changes in legislation, information sometimes becomes outdated faster than we can update it on the website.
All cases are very individual and depend on many factors. Basic information does not guarantee a solution to your specific problems.

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If the employer does not pay wages or delays them for a certain period, the employee can suspend work and complain about the employer to the relevant supervisory authorities. The employer, in turn, is obliged to pay compensation to the employee for each day of delay in salary. In some cases, the employer may face bankruptcy proceedings.

According to labor laws, wages must be paid to employees at least every half month. Many employers say that Article 136 of the Labor Code of the Russian Federation allows wages to be delayed for 15 days. This is wrong. It literally says the following: wages must be paid no later than 15 days from the end of the period for which it was accrued.

In practice, this means that the payment date for the past month must be set no later than the 15th of the next month. This article does not talk about any possible delay in wages.

Specific dates for salary payment must be set; a period cannot be set, such as an advance from the 15th to the 25th, and a salary from the 1st to the 10th of the next month. Should be: advance payment on the 15th, salary on the 1st of the next month.

Suspension of work in case of delay in payment of wages

Article 142 of the Labor Code of the Russian Federation allows workers to suspend work if there is a delay in wages lasting more than 15 days. This can only be done if a certain algorithm established by law is followed.

Procedure for suspending the work process:

Drawing up a notice to the company’s management that, due to a delay in the payment of wages, employees will suspend work until the debt is received. The notice is drawn up in two copies, one is sent to the employer, and on the other a mark is placed indicating that he received it. Termination of work without notice may be regarded by the administration of the enterprise as absenteeism. If the employer refuses to accept such notice, it can be sent by mail.
Suspend work until you receive written confirmation from the employer of your readiness to repay the resulting debt to employees, including during the work stoppage.
Start work no later than the next day after the notification was received.

For the period of termination of work, formalized in accordance with all the rules, wages must also be accrued.

You can draw up both a collective notice and an individual one for each of the workers who suspend work.

But it must be remembered that the Labor Code of the Russian Federation establishes a list of works that are prohibited from being suspended on this basis. Basically, these are works that are in one way or another related to ensuring the livelihoods and safety of the population, as well as providing medical care.

During the suspension of official duties, employees have the right to be absent from their workplace, that is, not to appear on the employer’s premises.

If an organization delays the payment of wages, then for each day of delay it must charge compensation in the amount of 1/150 of the Central Bank refinancing rate.

For one employee and for a short-term delay, the amount of compensation is small, but if the delay is calculated in months, and the number of employees is in the hundreds, the amount of compensation can become very significant for the employer.

Moreover, the employer must accrue these amounts independently without a decision from the relevant authorities.

The Labor Code of the Russian Federation obliges the employer to inform employees about the compensation due to him by making an appropriate entry on the pay slip.

If the employer does not pay compensation or refuses to do so even after a written statement from the employee, this can also be appealed, regardless of whether the arrears of wages have been repaid.

Where to go if your employer does not pay wages on time

Labor Inspectorate

The State Labor Inspectorate is the main body that protects the rights of workers.

Either one employee or several can apply to it. In order for the State Tax Inspectorate to conduct its investigation, it is necessary to write a statement outlining all the violations.

You can contact the labor inspectorate not only in person, but using other methods:

Fill out a special feedback form on the official website of the labor inspectorate.
Send the application by registered mail.

In the application you will need to indicate your details and address, as well as the full name of the employer.

If the delay in wages occurs due to the presence of disputed amounts, then the labor inspectorate does not consider such issues.

If there is a delay in wages for a dismissed employee, he has only three months to appeal. In this situation, it would be advisable to contact several authorities at once, including the court.

Prosecutor's office

The appeal to the prosecutor's office is carried out in the same sequence as in the State Tax Inspectorate. The employee must write a statement outlining the essence of the problem.

As a rule, if the delay in wages is not widespread and does not last for a long time, the prosecutor’s office submits the employee’s application for consideration to the state labor inspectorate.

The employee has the right to protect his interests in court. To do this, he files a corresponding claim in court at the location of the employer.

The claim must describe the situation that has arisen in as much detail as possible and clearly indicate the requirements of the employee, that is, the plaintiff. In particular, the exact amount of wages owed at the time of filing the claim and the procedure for its calculation must be indicated. An exception may be the case when the employer does not issue pay slips and the employee works on a piece-rate basis.

The claim must be accompanied by documents confirming the information contained in it. This may be a copy of the employment contract, pay slips, notice to the employer and suspension of work, a statement and response from the labor inspectorate, etc.

In case of dismissal, documents must also be submitted within three months.

There is another nuance to going to court in case of delayed wages: employees can file a claim to declare their employer bankrupt. This can be done under the following conditions:

The employer delays full payment of wages to employees for more than three months in a row.
The total wage debt to all employees is more than 300 thousand rubles.

But it must be taken into account that during the bankruptcy procedure, employees run the risk of not receiving full wage arrears; everything will depend on the amount of assets available to the employer at the time of bankruptcy.

Employer's liability for delayed wages

Punishment for delaying wages in full or only part of it is carried out in accordance with the Code of Administrative Offenses, and in some cases with the Criminal Code of the Russian Federation. The Code of Administrative Offenses does not have a separate article that regulates punishment specifically for delays in wages, therefore Article 5.27 is applied, which establishes punishment for violation of labor legislation, which includes violation of established salary payment dates.

The employer may face the following liability for delayed wages:

Officials of an enterprise and individuals who are registered as individual entrepreneurs are subject to a fine in the form of a fine, which varies from 10 thousand rubles to 20 thousand rubles and from 1 thousand rubles to 5 thousand rubles, respectively;
For enterprises, this fine increases to a range of 30 thousand rubles to 50 thousand rubles;
In cases where there is a repeated violation, the amount of penalties increases: from 20 thousand rubles to 30 thousand rubles for responsible persons, from 10 thousand rubles to 30 thousand rubles for individual entrepreneurs and from 50 thousand rubles up to 100 thousand rubles for legal entities.

If the company does not pay wages in full for two or more months, liability arises under the Criminal Code of the Russian Federation, namely Article 145.1. It provides:

A fine, the amount of which varies from 100 thousand rubles to 500 thousand rubles depending on the severity of the offense, or a fine equal to the amount of the salary or other income of the convicted person for three years;
Imprisonment for up to 3 years and disqualification of an official, that is, a ban on holding certain positions.

The penalty depends on the severity of the violation committed, in particular on the period and amount of delay in payment of wages.

Imposing all penalties on the employer does not relieve him of the need to repay the existing debt and charge compensation for it in the amount established by law.

Delay or non-payment of wages is a gross violation of the law on the part of the employer. For this, serious penalties are provided for, both in relation to a legal entity and an official, up to and including criminal liability and deprivation of the right to hold certain positions. Workers can appeal the delay in wages to the State Labor Inspectorate, the prosecutor's office or the court, and also have the right to suspend work until the arrears of wages are paid.

According to the law, the employer is obliged to pay wages to his subordinates twice a month. In this case, it is necessary to adhere to the specific deadlines that are specified in. But not all bosses comply with these conditions and issue funds to employees untimely.

If your salary is delayed - what to do, where to go?

Dear readers! Our articles talk about typical ways to resolve legal issues, but each case is unique.

If you want to know how to solve exactly your problem - contact the online consultant on the right or call free consultation:

Worker's rights when wages are delayed

How many days can wages be delayed? Based on Article 142 of the Labor Code In the Russian Federation, the employer is allowed to delay the issuance for fifteen days, but nothing more.

If this period has passed, then the worker can freely defend his rights. He may, for example, not go to work until he receives his earned money. But for this you need to inform the employer in writing.

A worker can draw up a document containing demand for payment of arrears of wages, and send it to the manager. It is necessary to fill out the application in two versions: one is sent to the manager, and on the second, let him put his signature and this copy remains with the employee as proof that the employer was aware.

If the manager does not want to accept the application and also put his signature, then the employee must send the document by registered mail with notification, as well as a description of the attachment.

At the time of suspension of his duties, the worker may be absent from work.

At the same time, the employee’s salary remains at the average size.

If the employee was not at work during this period, then he will have to resume his work activity when the the next day after receiving the message from the manager about the transfer of detained funds on the day the worker returns to work.

If the employer does not want to pay wages on time, then this circumstance falls under the Article 5.27 of the Code of Administrative Offenses of the Russian Federation.

The employer will have to pay fine, which ranges from one thousand to five thousand rubles. If the case concerns a legal entity, then it is subject to a fine of up to fifty thousand rubles.

This punishment is not considered too severe, but if the employer commits it a second time, he will pay up to twenty thousand rubles. In addition to the fine, officials will not be able to serve as managers for three years. For legal entities, penalties also increase, and in this case will be equal to seventy thousand rubles.

To oblige a manager to bear administrative responsibility, you need to go with an application to the labor inspectorate the area where the organization is located. You can also issue a fine through the court.

If a manager does not pay wages to his employees for more than three months, then criminal liability follows, that is, imprisonment for up to five years.

What should an employee do?

An employee who is not paid for a certain period can immediately begin to protect his interests.

A worker can go and complain to the labor inspectorate the area where the organization is located.
This must be done at the very beginning of the employer’s violation, so that wages can be received faster.

You must write to the labor inspectorate statement, which is drawn up in any form. At the same time, the document must mention certain violations of worker rights. This violation includes untimely payment of wages, as well as the period of delay and the due amount.

If everything remains unchanged at the end of 15 days, then the worker may, by law, not perform his job duties until the violation is corrected. In this case, it is necessary to inform the employer about this fact, and in confirmation of your rights you can present Article 142 of the Labor Code.

It must be remembered that civil servants and those workers who work with dangerous equipment cannot stop their work, as well as if the work is related to maintaining the vital functions of citizens.

If an employee decides to suspend the performance of his official duties, he can immediately write an application to the court to collect the salary debt from the manager, as well as compensation for its failure to pay on time.

Before filing a claim, you need to determine whether wages have been accrued. This is necessary for the reason that if there are no controversial issues regarding the existence of a debt, then there will be no court hearing, because a writ of execution will be issued immediately after the application.

If the employer delays payment of wages for three months, then the employee can write a statement (complaint) to the police or the prosecutor's office. In this case, the violation is determined by Article 145.1 of the Criminal Code.

Download a sample application to the prosecutor's office for free.

Where can I complain about late wages anonymously?

If an employee wants to write a complaint about non-payment of wages on time, and at the same time remain anonymous, then this can be done. To do this, you need to contact the labor inspectorate and ask for confidentiality.

At the same time, the manager will not be informed of the name of the employee who filed a complaint against him.
If the inspector violates the confidentiality rule, the employee can sue him.

Salary was delayed - what to do? Watch the video clip:

According to Russian labor legislation, the employer is obliged to pay wages to employees on time and in full. However, in practice there are cases of delays or even non-payments, especially during dismissal. How can an employee fight the arbitrariness of the employer?

In fact, the labor legislation in force in the Russian Federation is aimed at protecting the rights of hired workers. A Russian citizen has a solid arsenal of means to fight for his rights; they are spelled out in articles 133 - 145 and other chapters No. 21 of the Labor Code of the Russian Federation.

Despite the fact that the employer is in a clearly advantageous position, quite serious measures can be taken against him if he breaks the law: from fines, the amount of which increased in 2018, to criminal liability. The main thing is to know where to file a complaint and how to prove that you are entitled to unpaid wages.

The labor relationship between an employee and an employer is regulated by the Labor Code of the Russian Federation. Both one party and the other have their own rights and obligations. The employee is obliged to work conscientiously and not commit violations.

The employer, for its part, is obliged to pay the employee, guided by the rules and regulations. The latest edition of the Labor Code of the Russian Federation provides for the responsibility of the employer in case of violation.

Fine up to 120 thousand rubles. in case of incomplete payment of wages for more than 3 months. They can punish the specific person responsible for the violation by fining him in the amount of his annual income.
Fine from 100 to 150 thousand rubles. – if wages have not been paid at all for 2 months or more. They may be deprived of the right to hold positions of a certain nature for 5 years, or even limit their freedom for up to 3 years.
If the violations listed above lead to serious consequences, they may be fined additionally.
Often, the court, in addition to a specific punishment, imposes a fine on the employer (company or individual). Its size is 1/300 of the refinancing rate. Sometimes, in special cases, compensation for material and moral compensation is awarded.

There are specific measures that can influence the manager. For example, an employee can suspend work if he is not paid on time. This measure can be applied when there is a delay in payments of at least 15 days.

You can’t just stop working, it would be pure truancy. The employer must be notified in writing that you are going to suspend work due to non-payment of wages.

The application is written in a standard form (it can be found on the Internet) and registered with the secretary. Or you can send it by mail, always by registered mail with notification of receipt and a list of the contents.

The only thing you need to remember is that the time for which you paused work is not paid.

If the measures taken, requests or demands remain unanswered and wages have not been paid for 1-2 months, then all that remains is to complain through the authorities - go straight to court or, for starters, to the labor inspectorate.

The dismissal of an employee is interpreted as termination of the employment relationship with the employer and is regulated by Chapter 13 of the Labor Code of the Russian Federation. It describes in detail the procedure that must be followed. In particular, the employer is obliged to pay settlement money on the day of dismissal and provide the dismissed employee with certificates.

Dismissal is considered lawful if its basis is legal (complies with Article 77 of the Labor Code), the procedure is followed and the employment contract is terminated.

If an employee is fired and the final payment is not paid, then the Citizens Appeal Law comes to the rescue. It gives the employee the right to contact any government body and receive a response to his appeal from it.

In principle, you can simply call, in the form of a complaint or consultation, and arrange a meeting with a representative of a government agency. But official responses should only be counted on in writing.

In this case, they contact the labor inspectorate, the prosecutor's office or the court.

To the labor inspectorate

This body monitors how entrepreneurs comply with labor laws.

An employee (or a trade union, or even the entire workforce) writes a statement in any form, attaches the necessary supporting documents, and the complaint is processed.

The results you can expect are:

an order to eliminate violations;
protocol on holding the employer liable;
transfer of materials to law enforcement agencies.

To the prosecutor's office

It carries out supervisory functions over the implementation of laws, and non-payment of wages is a gross violation of the law. In this case, Articles 142 of the Labor Code of the Russian Federation, 5.27 of the Code of Administrative Offenses, and even 145.1 of the Criminal Code may be applied, in accordance with which fines are imposed, activities may be suspended, and even forced labor may be applied.

To court

This topic is not within the competence of the magistrate; it is dealt with by the district or city court. A statement in the approved form is written, which is also a claim. Attached is a set of documents:

copies of the contract or work book confirming employment;
pay sheets;
other documents certifying the fact of work for this employer;
copies of appeals to the prosecutor's office or the labor inspectorate, if any.

You should know that when going to court, you must not go beyond the limitation period, which is 3 months from the date of dismissal (Article 392 of the Labor Code).

Everyone knows that working without registration is a risk. They may pay you irregularly, less than promised, or even waste your money.

In addition, the employee loses a lot, even if the amount in the envelope is received regularly. Since the employer does not pay into social funds and the Pension Fund, the employee does not receive sick leave, loses the right to some tax deductions and generally risks being left without a pension in old age. But sometimes people deliberately do this, seeing no other way out.

The employer, working “in the dark”, violates the law, and he faces liability, both administrative (under Article 5.27 of the Code of Administrative Offenses of the Russian Federation) and criminal (under Article 145.1 of the Criminal Code of the Russian Federation), and additionally for non-payment of wages.

An employee can use this circumstance to ensure that he is paid the money he was promised and earned.

To do this, you need to collect evidence that he really worked in a given place at a given time, notify the employer about this and demand the required wages for work. Once convinced that non-payment of money promises big trouble, and the employee is serious, the employer may give in.

If such a conversation does not bring success, you will have to go through the authorities. They are the same as for official workers: the prosecutor's office and the labor inspectorate, plus the tax office, and, ultimately, the court.

Litigation in these conditions is a troublesome and difficult matter, because the remaining employees, fearing dismissal, will act in favor of the employer, and the accounting department will not provide any documents.

What's left? Audio and video recordings, witness statements, photographs, production documents signed by the plaintiff, etc. In short, everything that will help establish the existence of an employment relationship between an employee and an employer, and also give an idea of the amount of salary.

In this regard, a statistical picture of industry rates, envelopes with the name of the plaintiff and indicating the amount, pay slips, etc. will help. It would be right to seek the help of a competent lawyer who has experience in extracting black money from employers. It will be appropriate to claim interest for delay in payment if the case is well founded.

If the employer goes bankrupt – is there any hope of receiving money?

The employer, whether official or not, has a habit of withholding wages to employees when financial difficulties arise in the business. If such interruptions in payments are observed for more than 3 months, this gives grounds for employees to suspect bankruptcy is imminent. And take your own precautions.

If your employer goes bankrupt, there is still no need to panic. In the bankruptcy legislation, employees with whom the employer has not paid, both dismissed and not dismissed, are listed as his creditors (Article 2 of the Bankruptcy Law). They are present in the register of creditors in the second priority (Article 134), and it is quite possible for them to receive their money.

Employees, when entering into labor relations with employers, must remember that Russian legislation is aimed at protecting their rights.

You just need to get acquainted with the provisions of the law more closely, especially with the Labor Code of the Russian Federation. This will help the employee communicate on equal terms with the employer and, in case of abuse on his part, attract government authorities to help.