After all, contributions from it were not transferred to the fund social insurance during her work. Sick leave When paying for labor in an envelope about compensation for sick leave will have to forget. The Social Insurance Fund does not pay money for the period of illness to those who did not make contributions on time. IN in this case you need to know that you can punish an employee only if he had a deliberate conspiracy that funds for payment would not be withheld from him government obligations. You cannot be held accountable if the worker assumed that money was being taken from him to pay insurance and tax collections, and the employer did not pay contributions, misleading him. What threatens the employer? Current legislature it is designed in such a way that it is beneficial for employers not to pay taxes and contributions for their employees.

How to prove illegal wages in court?

Instruction 1 According to the Labor Code of the Russian Federation, employees must receive payments provided for in employment contracts twice a month, strictly on the designated days. However, such punctuality is rare - in most companies, payments are made once a month, and it costs the employer nothing to move up the coveted payday. 2 If you have been working at the company recently, check with the old-timers about the management’s policy regarding payments. Perhaps a day or two of delay is common practice here.

But a week of non-payments should seriously alert you. 3 Without delay, contact your employer with a question about the timing of receiving your salary. Don't be satisfied with vague promises, ask for a name the exact date. 4 If the boss cannot answer anything intelligible or violates the deadlines he himself promised, seriously think about whether it is worth working for this company.

How to force an employer to pay black wages

Gray salary is called that part official earnings, which is not listed in the general report. It can be given as bonuses, compensation for overtime, etc. - its essence does not change. As you can see, there are different types of black wages. However, not all of them are legal and returning them is quite difficult.

But it is possible to return black wages, and public services will help you with this. Moreover, regardless of the type of salary, the method of receiving it will always be the same. How to get a black salary upon dismissal? If you want to receive your unofficial income or a gray salary after you were fired, then you should seek help from various government services.

You can submit your appeal to: However, the first thing to do is contact the employer and demand to pay all the black wages and due compensation.

Where to go if you don’t pay black wages?

This is the only way for him to receive the entire amount earned in the event of a delay in salary or failure to receive full payment upon dismissal. How can you prove actual size salaries At legal proceedings The employer must prove the following facts:

1. receipt of wages by the employee;
2. timely payment of wages.

When a dispute arises about the amount of wages, each party must prove that it is right, that is, the employee will have to justify why he is claiming the amount of wages indicated by him. If an agreement is concluded with an employee in which not the entire salary is indicated, he needs to be prepared that sooner or later a conflict will arise regarding this.

What to do if they don’t pay black wages and where to go?

Of course, the size is not indicated on it, but such envelopes confirm the very fact that black wages were paid at the enterprise.4. Other documents Notes from the director for accounting, handwritten, orders with his visa for payment, arbitrary statements - all this can be considered as evidence to impose the recovery of black wages on the employer.5. Certificates of salary Sometimes an employee is given certificates of salary for submission to other organizations, for example, a bank.

Such a document could become indirect evidence in court to collect black wages.. Other evidence There are other ways to force an employer to pay black wages. 1. Audio recordings They will help prove that there was a non-payment of black wages if written evidence could not be obtained.

How to force an employer to pay wages

These employer actions contradict labor legislation in several areas at once:

1. Violation of the procedure for concluding an employment contract (or not concluding a written contract at all);
2. Violation of legislation on social and pension insurance workers.
3. The employer, being tax agent employee deliberately fails to fully perform his duties.

If the employee can provide compelling evidence that all of the above actually occurs, the employer will face serious penalties, including disqualification and criminal liability. Our lawyers know the answer to your question. If you want to find out how to solve your particular problem, then ask our duty lawyer online.

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You can use a complaint to provoke an extraordinary inspection to establish the fact of illegal payment of wages. For example, when monitoring the activities of an organization tax service or the state labor inspectorate. Working payment disclosure schemes The basis for conducting a visiting team on tax audits organizations that use the “envelope” scheme in their activities are:

• receipt of a complaint from an individual against the management of the enterprise regarding incomplete display in accounting documents money issued for labor or concealment of such payments;
• leakage of information from other sources; the fact was discovered during an inspection of the organization or when considering complaints in trade union bodies etc.

If your employer delays or does not pay you money. In this case, workers need to collectively complain to their employer.
The fraudster must be punished.

What is black wages?

In addition, you will be able to receive larger payouts because you will be able to make your own compensation claims, as long as they are reasonable and legal. There are several disadvantages to the judicial process. First, you will need a lawyer. Cases involving black wages are usually very complex, confusing, have a lot of gaps and require the involvement of specialists.

Attention

The second difficulty is that your constant participation in the process will be required. In this case, you personally will have to constantly participate in inspections and testimonies. And lastly, it is very difficult to sue a legal entity, so you are not guaranteed success.

Difficulties in receiving unpaid wages Anyone who wants to receive the unpaid wages he has earned upon dismissal will have to face two very serious problems. The first is the difficulty of calculating exact amount salaries.

How to collect “black” wages?

Important

To force an employer to pay black wages to the court, it is necessary not only to prove the fact of its existence, but also to prove the specific amount. It is advisable that the leader speaks on the audio recording. If you can't ask a salary question in person, ask it at general event and write down the answer.

Answers from an accountant and conversations between colleagues are also suitable. In addition to the recording itself, you must provide its transcript. At the same time, the legislation considers such a recording to be completely legal if it was made on an ordinary voice recorder.2. Video recordings are used in a similar way. You just need to indicate by whom, where and when it was carried out.

The difficulty is that it is difficult to record video unnoticed. Another question: what should I remove in order to later demand the recovery of black wages? These should be conversations you have with your manager or accountant about your actual compensation.

How to get a black and gray salary after dismissal?

You can write a complaint to the prosecutor's office using this sample: Application to the prosecutor's office about black wages Sample application to tax office: Application to tax office Where Can I report anonymously? Anonymous appeal can be sent by mail to the address of all of the above authorities that exercise control over employers in tax matters. The tax office premises have publicly accessible boxes for receiving applications from citizens. You can send them a complaint with a description misconduct employer. Understanding the complexity of the situation, tax inspectors most likely they will analyze the information sent to them for attention and take action. To court If any conflict situation the employee can try through courts prove true size your wages, including those received in an envelope.

Where to go if you don’t pay black wages?

How to return unofficial income after dismissal? It's pretty complex issue, because most often the employee does not have evidence that he received illegal wages in an envelope. But in this case, even an envelope, on which, as a rule, the surname, name of the employee and the amount are written, can also be included in the case as evidence. Here you will need to do a handwriting examination. Most often, in such cases, the only way to get your hard-earned money back is in court. Examples from judicial practice The state is increasingly struggling with salaries in envelopes. This goes on for quite some time long time. In this regard, the Labor Code of the Russian Federation enshrines the obligation for employers to pay wages on time and within full size. Violation is punishable by administrative or criminal penalties. It is important for workers who agree to work for menial wages not to exclude the possibility of criminal liability.

To make a claim to an employer face to face, you need to be a person with strong nerves, self-confident and have arguments in stock that would force him to fulfill his obligations to you.

If any legal basis to refuse to pay you your salary or part of it, dismissal or reprimand in connection with violation of the terms of the employment contract, then there is no point in filing a claim. You yourself did not perform your duties in good faith.

How to conduct a dialogue with an employer?

If you go to your boss to complain about him, it means he has made a decision that does not suit you. If the boss makes such a decision, then during the conversation you need to convince him.

Situation

The environment for conversation should be calm, without fuss. Conduct the conversation in private, without witnesses. Leaders are generally not very willing to change their decisions in public. The boss must defend his point of view, and frequent changes in positions can negatively affect his authority. The boss said, the boss did, and if the boss changed his mind, then it’s not the boss. Some people may not agree with this opinion, but managers think this way.

It’s easier to convince your boss without witnesses.

Starting a conversation

It’s better to start a conversation with the words “I want to discuss with you the issue of...”. I WANT, not I WOULD WANT. The word WANTED in the past tense will insist to the boss that the problem is also in the past.

Statement of facts

State the facts about how your job was performed professionally.

Remind that you not only have responsibilities, but also rights. And also the manager has not only rights, but also responsibilities. One of these responsibilities is to comply with the terms of the employment or service contract. In particular, failure to pay wages is a breach of contract. Thus, you will shame him that his obligations are not fulfilled.

It's safe to say that the above recommendations will not help. From the very beginning of the conversation, you need to be prepared to make threats, but within the legal framework, namely, to warn about filing a violation in the case of a violation to the court. Apply for the involvement of a lawyer in the case. And finally, that by court decision they will recover from him not only the unpaid salary, but also court expenses.

All legal costs, including costs legal services, are reimbursed by the losing party in full.

Thus, you will make it clear that if your demands are not met right now, then in the future he may face unforeseen expenses (legal) or troubles from the labor inspector.

Remind about administrative responsibility. To bring an employer to administrative liability, you must contact the labor inspectorate. They are authorized to draw up protocols on bringing to administrative responsibility for non-payment of wages. He can also conduct unscheduled inspection enterprises and identify further violations.

If the employer does not pay wages for more than three months in a row, there are grounds for bringing him to criminal liability.

The degree of pressure must be selected individually. An important criterion will determine whether you plan to stay in your job or quit altogether.

If the boss reacts calmly to all these arguments and does not change his decision, then most likely he is confident in the correctness of his actions. Maybe he has good lawyer or he is a lawyer himself. In any case, if a leader does something, he thinks it through very well.

An example from life. Lisa got a job at a flower company wholesale purchase and them retail sales. The employer did not offer to conclude an employment contract with her or even a contract for the provision of services. There is no entry in the work book. After six months of work, the employer asked to resign and did not pay wages for the last month worked. Lisa caused a scandal and threatened to go to court. The boss sent her out of the office. Lisa asked for legal assistance. The lawyer told her that she needed to confirm that she worked for the company. Since not a single document was drawn up when hiring, the lawyer advised to find witnesses who could confirm the fact that the work was performed. All her work colleagues refused to participate in court hearing and it’s clear why. As a result, she had to resign herself and look for another job.

Violation of workers' rights and non-payment of wages, partially or completely, is a common problem. She is connected as if with a heavy economic situation, and with the increasing dishonesty of employers.

The problem is aggravated by the fact that enterprises do not always know their rights well and often do not dare to enter into conflict with management. The following information is intended to help you receive money, but at the same time act within the law.

The Labor Code obliges to pay wages

The Labor Code guarantees the payment of remuneration for labor within the terms specified in. If after fifteen days after given period cash is missing, then you must write a statement addressed to the head of the company.

Having indicated the organization and the full name of the director, the employee demands payment of money for the days of delay. The document also contains the deadline within which he expects the debt to be repaid. It is better to write a minimum period (several days) in order to be able to act sooner.

At the end of the document, the employee puts a date and certifies it with his signature. The application is drawn up in two copies: one is intended for the person indicated in the header of the document, the other for the applicant himself. The latter must ensure that the director puts the date of receipt of this paper and his signature.

If he refuses, then you can go the other way by sending by registered mail with acknowledgment of receipt. This provides grounds for appealing to government authorities. In addition, from this day on, the employee can suspend work. He is not required to be present at the workplace. He goes to work only the next day after the director notifies him that payment will be made on the day he appears at work.

Employee rights in case of dismissal

The employee can also write a letter of resignation, stipulating that the reason is non-payment of wages. Since this is considered a violation of the employment contract on the part of the employer, it is not necessary. The employee has the right to immediately receive his work book, all money earned and compensation for vacation if it was not used.

If he was absent from the workplace, then the payment is made the next day. Lack of money in an enterprise is not considered as legitimate reason delay or refusal to pay the amount due.

For each day of non-payment of wages, the employer must pay its employee 1/300 of the refinancing rate Central Bank Russia in force at the start of the non-payment period. This penalty accrues until the day of settlement and is paid along with the amount of the debt. Directorate of enterprises often uses moral pressure, asking to wait and assuring that there is nothing to pay now.

It is important to remember that it will be much more difficult to achieve the exercise of your rights if the deadlines for applying to state organizations. You should not wait long, even if good reasons are given.

Assistance provided by the labor inspectorate and the prosecutor's office

Upon dismissal, the employee must be paid all the money earned

Both in case of dismissal and in case of temporary termination of work, you should contact labor inspection under the Ministry social security. This must be done no later than three months from the date of the conflict.

There is no separate form for such a request. The applicant must indicate:

• your passport details;
• place of work;
• period of delay in payment;
• amount that was not received;
• reasons stated by the employer.

This civil service will inform the applicant what documents need to be prepared. She is authorized to verify the veracity of the data contained in the application, and if confirmed, impose a fine or. But its employees will not be able to force the employer to pay its employee.

The next stage is an attempt to influence the offender through the prosecutor's office. She has much more powers:

• If the delay is no more than six months, then a fine of up to 80,000 rubles may be assessed, the employer may be suspended from his position or core activity for several years (no more than five) or sentenced to imprisonment for up to two years.
• If the deferment is prolonged, it increases to 300,000 rubles, the period administrative restrictions– up to three years, term of imprisonment – ​​up to seven years.
• This punishment in itself does not mean that the salary will be paid. But this helps to change the employer’s position, because the amount of debt is usually much less than the fines described above. This method of pressure can give the desired result.

Going to court

Sometimes you can't do without litigation

If there is no effect, then all that remains is to go to court. The period for such treatment is no more than ninety calendar days from the moment the manager signs an application demanding the payment of earned money or from the moment.

From the plaintiff National tax not taken. He must provide following documents:

1. , where the situation and requirements are detailed (may include a requirement to compensate for moral damages);
2. an application signed by the head of the company, or notification of delivery of the application by registered mail;
3. copy ;
4. certificate of the amount of payment received.

The court must consider this case within five working days. Typically, it obliges the employer to pay the amount due. The only one good reason for which such a decision cannot be made - the employing organization.

After consideration of the case, it is transferred to the bailiffs. Within two weeks, they withdraw the necessary funds from the defendant’s accounts and transfer them to the injured employee. If money or accounts are missing, the debtor's property will be seized and sold in order to obtain the required amount. This is the most reliable method to get your money back quickly.

Legislation Russian Federation allows you to omit one of these stages and not contact the labor inspectorate or both of these authorities, but immediately submit documents to the court.

Collection of evidence in case of unofficial employment

In some cases, workers have to boycott

A problematic situation arises when the employee received an unofficial part of the salary or did not enter into an employment contract. In the first case, the law guarantees payment only of the amount that passes through the accounting documents.

It is almost impossible to achieve anything more from an employer. In the second case, the employee can go to court if he is able to document that he worked in this company and performed certain work there.

The basis is Article 67 of the Labor Code, according to which an employment contract is considered concluded, although it has not actually been drawn up, if the employee has started work and the employer has given his consent to this.

Government services are obliged to verify the information and conduct an investigation. But in reality, the burden of finding evidence falls on the victim. He may present to the court the following:

1. witness's testimonies their colleagues, clients or partners of the organization;
2. documents signed by him during his work activities;
3. documents compiled by him during the period of work;
4. printout of incoming and outgoing calls to your mobile phone, if they appear phone numbers company management or employees.

This matter is much more complicated. You may need to hire a lawyer to fight it in court. is not always ruled in favor of the injured person. The state is not interested in returning “shadow” earnings. It will not encourage tax evasion. This is an additional incentive to formalize labor relations in accordance with the laws in force at that time.

The law protects the rights of persons hired to work if they are ready to formalize their employment relationship with the employer. It involves contacting the tax office, the prosecutor's office and the court so that the employee can receive. Those who have informal employment, cannot always achieve justice due to lack of evidence.

Expert lawyer's opinion:

The article describes the full algorithm of employee actions related to the demand for payment of delayed wages. Of course, it is difficult for those who work unofficially to achieve the truth, but it is possible. The article talks about this. But not everyone can realize this intention on their own.

Very often necessary legal support or direct participation of a lawyer in trial. Free consultation According to your conditions of violation of the right to remuneration, you can obtain from our specialists.

You can contact them by phone numbers listed on our website or use the feedback forms.

How to avoid falling into the trap unscrupulous employers- in the video:

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5 ways to influence an employer, or how to get your hard-earned money back

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For several months now, the director has been promising to transfer your salary, but there is no money and you have to go into debt? Or another situation: the employer seems to pay, but only the official salary in the amount of the minimum wage. And he tells you that you will receive the rest when the buyer pays, the dollar exchange rate stabilizes, winter ends... in general, they will come better times. How to influence management in such cases? There are several ways, and we will tell you about them.

Method 1. Demand interest on late wages

The first and simplest thing you can do is to demand compensation for delayed wages. Firstly, the director will understand that you do not intend to work for free, and secondly, he is unlikely to want to pay more than the salary again.

Note! Even if there is a delay in salary objective reasons– heavy financial situation at the enterprise and so on, that is, it is not the management’s fault, you are still obliged to pay compensation. The main thing is to declare your rights. This must be done in writing - write an application addressed to the management in two copies and register it with the secretary (in the office, etc.). Please attach your calculation of compensation to your application.

For each day of delay, you are entitled to an amount of at least 1/300 of the Central Bank refinancing rate in effect at the time of the delay. This guaranteed by law minimum. A larger bet may be fixed at internal documents organization (order, salary payment regulations) or in your employment contract. Therefore, before calculating compensation, check these papers. Compensation is calculated for the entire period of delay:

• the first day is the day following the established salary payment date;
• the last one is the date of actual payment of wages.

The “net salary” is taken into account, that is, after personal income tax withholding. For example, on October 5, 2015 you should have received 100,000 rubles. But you were never paid. On October 26, you demanded that the director give you the debt, along with compensation, the amount of which is 577.5 rubles (100,000 rubles x 0.0825 / 300 x 21 days). 21 days is the period from October 6 to October 26. The refinancing rate since September 14, 2012 is 8.25 percent.

Method 2. Announce a suspension of work

Was your salary delayed by 15 days? You have every right suspend work until the debt is paid in full! But before not going to work, you need to follow the procedure: inform the director in writing about your decision and make sure that he received your message. This is not difficult to do - write the application in two copies, ask for a signature and number on one of them. If your boss is hiding from you, then send ordered letter with notice. As soon as the notification returns to you, you can pause work.

Note! If you do everything correctly, the employer must subsequently pay you for the period of suspension of work based on average earnings.

If the management agreed to the meeting, then do not delay and start work the next day after you receive written notice about readiness to pay money. IN otherwise a day of absence will be counted as absenteeism. Remember that in addition to your salary, you also owe interest!

Who does not have the right to suspend work?

Military, emergency rescue, search and rescue personnel, fire services, civil servants, employees of organizations serving special dangerous species productions, etc. ( full list in article 142 Labor Code).

Method 3. Complain to the labor inspectorate

If the previous measures did not help, then it’s time to contact the labor inspectorate. There is such a body in every region; you can find the coordinates on the Rostrud website in the section “ Territorial authorities» http://www.rostrud.ru/rostrud/territorialnye-organy/. You can appear there in person or send a registered letter with notification. In both cases, you will have to make a statement on paper. Another way to complain is to write to the official Internet reception http://xn--80akibcicpdbetz7e2g.xn--p1ai/problems/one/471. It doesn’t matter which application option you choose – the processing period is up to 30 days.

What information must be provided in the application?

Firstly, your full name, mailing address and a telephone for quick communication. Please note that the state inspectorate will not consider anonymous letters! Therefore, if you want to remain unknown to your employer, directly ask for this in the application - inspectors are obliged to keep your secret!

Secondly In order for the inspection to take place and be effective, you need to provide as much information as possible about the employer and the facts of his violation of the law. Therefore, you will be required to provide the official name of the organization, legal and actual address, names and telephone numbers of management. It is imperative to state in the application the circumstances of the violation of your rights: for what period and in what amount the salary was not paid.

To substantiate your claims, collect necessary papers: an employment contract or order that specifies the amount of your salary. If part of the salary was unofficial, then you will have to work hard to collect evidence. They may be cash documents with the signatures of the parties. Copies of all evidence you have must be attached to your application.

If the inspectors consider the complaint to be justified, they will come to your organization to inspect it. If the fact of non-payment is confirmed, the employer will receive an order to pay wages with interest. The inspectors will control the further process themselves. Failure to comply with instructions is a reason for re-check!

Besides, those found guilty of non-payment will be fined. Thus, a fine of 1 to 5 thousand rubles may be imposed on an entrepreneur, and from 30 to 50 thousand rubles on an organization. If during the audit it turns out that the salary was not paid intentionally for selfish reasons, the case will be transferred to the police.

When can I contact the labor inspectorate?

In the same time frame as going to court. This can be done within three months from the moment you learned of the fact of non-payment or delay. This general rule.

Now let's figure out how to apply it in practice. Let's say your salary was calculated but not paid. If you have not resigned, you can file a complaint at any time. After dismissal, you have three months.

Another situation is that you weren’t even paid your salary. Here, three months must be counted from the date when the salary should have been paid.

Don't despair if you missed the deadline! The court will restore it if you prove that you had good reasons. And one more important point: the deadlines for filing an application with the court are not interrupted during the proceedings at the labor inspectorate. Therefore, if time is limited, contact all authorities at once.

Method 4. Write an application to the court

If the labor inspectorate has failed to deal with your employer, then it’s time to go to court. You can do this in two ways:

• write an application for issuance court order magistrate;
• file a claim with district court.

Note! In any case, you will not have to pay state fees in court.

The first method is much simpler, but not available to everyone. You can only get a court order if the salary has been accrued. This means that you have in your hands payslip and you agree with the amount indicated therein. Along with your salary, you can also collect the interest that we wrote about above.

The magistrate must issue a court order within five days from the date of application to the court. The parties are not summoned to court for the proceedings, so the employer will immediately receive a copy of the court order. If no objections are received from him within 10 days, the judge will give you a second copy. This copy with official seal and will serve as a writ of execution that you can present to your employer. If you do not want to collect the money yourself, then write an application to send an order to the service bailiffs.

Let's say the employer nevertheless sent his objections. If they are justified, the order will be canceled, and you will be able to appeal to the district court. You will also have to write a statement of claim there in a situation where the accounting department not only did not pay the money, but also did not accrue wages. TO statement of claim You must attach written evidence of your work in the organization and the fact of non-payment of wages. The following are suitable:

• employment contract or employment history with recording;
• The order of acceptance to work;
• any documents that were once issued by the employer with his stamp and signature, for example, a 2-NDFL certificate;
• payslips; bank statements.

If you feel that the documents are not enough, then enlist the support of your colleagues - collect testimony from them.

The court will set a hearing date and summon you and the employer. If the decision is in your favor, then performance list Three months of wages can be paid out immediately - on the day the decision is made. You can receive a writ of execution for the remainder of the debt in a month, when the decision comes into force.

What else can be recovered from the employer?

For your mental suffering associated with non-payment of wages, you can demand compensation moral damage . True, its amount is usually limited to 5 thousand rubles.

Method 5. Quit without warning

If money is not paid systematically, then what is the point of holding on to a job? You can write a letter of resignation by at will at any time - you are not obliged to warn the management who owes you money two weeks in advance. True, it is important here that the fact of non-payment is documented. This can be done by the labor inspectorate, commission on labor disputes or court. Demand your employer wages possible after dismissal.

The Ministry of Labor proposes to tighten penalties for companies that delay wages. The bill has not yet been adopted, but this issue remains relevant for thousands of Russians. Our article contains the main recommendations in case you are not paid your salary on time.

Ministry of Labor and social protection The Russian Federation proposes to increase fines for employers for delays in wages. Currently, managers are held accountable for late payment of money, but, according to the director of the Payment Department, labor relations And social partnership Ministry of Labor Marina Maslova, these measures are insufficient.

If the bill is adopted, delays in wages will be punishable by fines in the amount of 10 to 30 thousand rubles for officials. Companies carrying out entrepreneurial activity without forming a legal entity, faces a fine of 5 to 10 thousand rubles, and legal entities- from 30 to 100 thousand rubles. If an employer caught delaying wages repeatedly violates the law, he may be disqualified for up to three years.

One can hope that if the Ministry of Labor's bill is approved, employers' debts to employees will decrease. However, before the adoption of innovations, the issue of paying overdue wages is relevant for many Russians - according to the latest data from Rosstat, the total wage arrears in our country is 2.9 billion rubles.

AiF.ru found out from experts what to do if the employer is in no hurry to pay money on time, and which companies most often experience delays in paying hard-earned rubles.

Everyone should know this

Article 136 of the Russian Labor Code provides that wages must be paid at least once every two weeks, on the day established by the rules of internal labor regulations, collective agreement And employment contract, says Elizaveta Ananyeva, production editor of Rabota.ru.

However, as you know, employers do not always comply with the laws and often neglect them, violating established rules, as a result of which wage arrears are growing, provoking popular discontent. If the company's management refuses to pay wages on time, they face at least administrative and, at maximum, criminal liability.

To avoid misunderstandings, everyone new employee when applying for a job, must require familiarization with regulatory documents enterprises, in particular with internal labor regulations and regulations on remuneration. Worker in mandatory must sign all relevant documents, emphasizes Chief Specialist personnel selection department of TEK Mosenergo Polina Antyukhova.

If payment deadlines are not met, there is no need to panic and use heavy artillery, experts advise. By Russian laws, wages are considered unpaid after a delay of more than a month. “For example, you received your salary for March on April 30 - the company does not violate the law, and indignation is useless. If more than a month has passed and the employer has not paid the employee, this is a reason to go to court,” notes Antyukhova.

In turn, Ananyeva advises: if there are minor delays in “pay,” you should not immediately contact the prosecutor’s office, court or labor inspectorate. To begin with, you can find out from the employer the reasons for the delay; this is best done in writing by writing a statement.

“Ask the company for an explanation of the current situation, indicating the timing of debt payment. Did the employer refer to temporary difficulties and eventually swore to pay you every penny? Take a wait-and-see approach. And if within 15 days he still hasn’t paid you your hard-earned money, then feel free to resort to radical measures,” recommends Ananyeva.

It is worth noting that in the event of a delay in salary for a period exceeding 15 days, the employee has the right to suspend work until the money is paid. Refusal to work until the money is paid must be submitted in writing. If the employer threatens with dismissal or some other punishment, you should refer to Part 1 of Article 142 of the Labor Code, which stipulates such a right.

Emergency measures

If labor rights are violated, the employee has the right to file a complaint with government bodies- court, State inspection labor, in as a last resort- to the prosecutor's office. “The application must be short and to the point. List your violations labor rights, however, remember that everything you write must be supported by arguments, facts, documents, possibly testimony of witnesses,” Ananyeva emphasizes.

Behind partial non-payment over three months wages committed out of selfish or personal interest, the employer faces a fine of up to 120 thousand rubles or in the amount of the salary or other income of the manager for a period of up to one year. Also, for such violations, the legislation provides for deprivation of the right to occupy certain positions and study certain activities for a period of up to one year.

If the employer did not pay the money in full for two months of work or paid it in an amount lower than the established one federal law Minimum wage, he faces a fine in the amount of 100 to 500 thousand rubles or in the amount of three years’ income. The court may sentence such a would-be leader to forced labor for a period of up to three years or prohibited from engaging in certain activities for a period of up to three years. In extreme cases, the employer can be sent to jail for up to three years.

“But we should not forget that appealing to the above authorities is not only effective measure to protect their rights, but also a rather lengthy process that requires patience,” sums up Ananyeva.

Who is at risk?

As practice shows, wage delays most often occur in difficult times for companies, and employees, understanding this, show loyalty, explaining their position by the fact that temporary difficulties can be survived, but look for new job problematic. However, many enterprises deliberately delay the payment of salaries, or even do not pay them at all, says Antyukhova.

According to her, salary delays are rare in large commercial organizations And government agencies. « Big company will not take such risks because he cares about his reputation. In addition, labor litigation is almost always resolved in favor of the employee, and the company suffers large losses,” she explained.

However, if the opportunity to get a job in a well-known or state company no, but you need to receive money, and preferably on time, you need to be extremely vigilant when finding employment in small companies and try not to deal with small companies offering “gray” salaries. Otherwise, it will be almost impossible to prove that the employer did not pay a certain amount of money, the expert emphasizes.