Deadline for collecting wage arrears. What are the deadlines for filing a claim for unpaid wages?

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Answers from lawyers (13)

Lawyer, Vladimir

Hello! In this case, you need to go to court and demand arrears of wages, late fees, compensation moral damage. And then with writ of execution- to the bailiffs.


Article 236. Labor Code RF: If the employer violates the established deadline for payment of wages, vacation pay, dismissal payments and (or) other payments due to the employee, the employer is obliged to pay them with interest ( monetary compensation) in an amount not lower than one three hundredth of the refinancing rate in force at that time Central Bank Russian Federation from unpaid amounts on time for each day of delay starting from next day after the due date for payment up to and including the day of actual settlement. The amount of monetary compensation paid to an employee may be increased collective agreement, local regulations or employment contracts. The obligation to pay the specified monetary compensation arises regardless of the employer’s fault.
Article 237. Labor Code of the Russian Federation: Moral damage caused to an employee illegal actions or inaction of the employer, is compensated to the employee in in cash in amounts determined by agreement of the parties employment contract. In the event of a dispute, the fact of causing moral damage to the employee and the amount of compensation for it are determined by the court, regardless of the property damage subject to compensation.

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Lawyer, Belgorod

Olga, according to Art. 392 of the Labor Code of the Russian Federation, deadlines for applying to court to collect unpaid debts wages only 3 months. Therefore, you missed the deadline. But the defendant, the employer, must declare the missed deadline. Those. You can go to court to collect unpaid settlement payments (no state duty is paid), but if the employer claims that the deadline was missed, the court will reject the claim. You can restore the time limit for going to court, but if there were good reasons - illness, caring for a sick family member, etc. As explained in the Plenum of the Armed Forces of the Russian Federation “On the application of the Labor Code of the Russian Federation”

As good reasons Missing the deadline for going to court may be considered circumstances that prevented to this employee timely file a claim with the court for resolution of an individual labor dispute (for example, the plaintiff’s illness, his being on a business trip, the impossibility of going to court due to force majeure, the need to care for seriously ill family members).




You can write complaints to the labor inspectorate and the prosecutor's office about violations of your labor rights; these bodies can bring the manager to administrative responsibility and punish with a fine, but whether this will help you get your money back is not a fact.

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Lawyer, Kazan

Good afternoon, Olga.

In accordance with Article 84.1 of the Labor Code of the Russian Federation,

On the day of termination of the employment contract, the employer is obliged to issue the employee a work book and make payments to him in accordance with Article 140 of this Code. By written statement employee, the employer is also obliged to issue him certified properly copies of work-related documents.

Features of termination of employment relationships when granting leave with subsequent dismissal is that the date of termination of the contract is not the last day of work, but the last day of vacation (Part 4 of Article 127 of the Labor Code of the Russian Federation), and the employer is obliged to carry out all procedures related to the dismissal of an employee before he goes on vacation.

This position is set out in the Letter Federal service on labor and employment dated December 24, 2007 N 5277-6-1:

When an employee is granted leave with subsequent dismissal, the day of dismissal is considered the last day of leave. However, all settlements with the employee are made before the employee goes on vacation, because upon its expiration, the parties will no longer be bound by obligations. The same should be done with the work book and other work-related documents that the employer is obliged to provide to the employee - they must be given to the employee before going on vacation, i.e. on the last day of work.

Consequently, the actions of your employer are not legal; he is obliged to make all payments to you before you go on vacation.

You have the right to go to court to recover unpaid wages, penalties, as well as compensation for moral damage.




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Advocate, St. Petersburg

• expert

Olga, you will most likely miss the deadline limitation period By
dispute over payment of wages. Missing a deadline is independent
grounds for refusal to satisfy your legal claims. About
this is a must know.

In accordance with Art. 392
Labor Code of the Russian Federation, an employee has the right to go to court for
resolution of an individual labor dispute within three months from the date
when he learned or should have learned about a violation of his right, and in disputes about
dismissal - within one month from the date of delivery of a copy of the order to him
dismissal or from the date of issue work book.

respectful
timing reasons, installed in parts first and
second of this article, they can be restored by the court.

According to the Resolution of the Plenum Supreme Court RF from
03/17/2004 N 2 “On the application by the courts of the Russian Federation of the Labor Code
Russian Federation"

Clause 5. The judge has no right to refuse to accept the statement of claim
based on missing the deadline for going to court without good reason (part one
and second
Article 392 of the Labor Code of the Russian Federation) or the period for appealing the decision of the commission on labor disputes
(Part two of Article 390
Labor Code of the Russian Federation), since the Code
does not provide for such a possibility.

The issue of the plaintiff missing the deadline for filing a lawsuit may
be allowed by the court, provided that this is stated by the defendant.

Having recognized the reasons for missing a deadline as valid, the judge has the right
restore this period (part three of Article 390
and part three of article 392
Labor Code of the Russian Federation). Having established that the deadline for filing a lawsuit has been missed without good reason,
the judge decides to reject the claim precisely on this basis without
research of other factual circumstances in the case (paragraph two of part 6 of article 152
Code of Civil Procedure of the Russian Federation).

As valid reasons for missing the deadline for applying to
the court may consider the circumstances that hindered the employee
timely file a claim with the court for permission to individual labor
dispute (for example, the plaintiff’s illness, his being on a business trip, the inability
going to court due to force majeure, the need to carry out
caring for seriously ill family members).

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Lawyer, Izhevsk

Hello.

The employer is obliged to pay wages and other payments due to the employee, with interest if the established payment deadline is violated (Article 236 of the Labor Code of the Russian Federation).

Other payments include payment for vacation, temporary disability certificates, dismissal payments, etc.

The amount of monetary compensation to an employee for late payment of amounts due to him must be at least 1/300 of the refinancing rate of the Central Bank of the Russian Federation in force at that time.

An employment or collective agreement may provide for a larger amount of such compensation (Article 236 of the Labor Code of the Russian Federation).

Cash compensation is paid for each day of delay, starting from the next day after the established payment deadline until the day of actual settlement, inclusive (Article 236 of the Labor Code of the Russian Federation).

Salaries are paid at least every half month per day, provided by the rules internal labor regulations, collective or labor agreement (Part 6 of Article 136 of the Labor Code of the Russian Federation).

Consequently, the obligation to pay interest to the employee for its delay arises the next day after set day payments.

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Lawyer, Kazan

Regarding missing the statute of limitations:

If there are written responses from the employer with a promise to pay you the debt, then such responses interrupt the statute of limitations, because thereby the employer acknowledges his debt.

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Lawyer, Krasnodar

• 9.3 rating
• expert

Hello, Olga!

You really missed the deadline for going to court to collect your wages. Therefore, contact the district prosecutor's office and at the same time in this appeal ask to force the employer to pay you the money owed. In court, at the request of the defendant, your claim may be denied because you missed the deadline for filing a lawsuit.

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Advocate, St. Petersburg

• expert

Addition: If the employer declares that the statute of limitations has applied, you must file a petition to restore such a period and give reasons why you did not go to court earlier. In the statement of claim itself, there is no need to immediately indicate a request to restore the deadline. Sometimes it happens that the employer himself forgets about this circumstance. The court always knows about this, but on its own initiative it cannot refuse the claim only on the basis of missing the statute of limitations, without a corresponding statement from the defendant.

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Lawyer, Izhevsk

Having recognized the reasons for missing a deadline as valid, the judge has the right to restore this deadline, and having established that the deadline for filing a lawsuit was missed without valid reasons, he makes a decision to refuse the claim precisely on this basis without examining other factual circumstances in the case (Article 152 of the Code of Civil Procedure of the Russian Federation).

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Advocate, St. Petersburg

• expert

The grounds for reinstating the term specified in the law are approximate; in each specific case they can be different as long as they are valid. In addition, as Alisa Samigullina correctly noted, if there is evidence that the defendant acknowledges the debt, then the statute of limitations begins to run again from the date the debt was acknowledged. In other words, if I were you, I would ask the employer for a certificate of the amount of debt by sending him such a letter, personally communicating, etc. Cheat, say that you need it to get a loan, for example, that the bank asks for such a certificate to confirm that you have money. If only the certificate showed the same date of issue. And then go straight to court and demand what you are entitled to. My colleagues wrote about this in detail; I see no point in repeating it.

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Frolov Andrey

Lawyer

• 3210 replies

  1743 reviews

Hello!

The day of dismissal (termination of the employment contract) will be the last day of vacation, and the day of calculation and issue of the book will be the last day of work before the vacation.

“In this case, the employer, in order to properly fulfill the obligation established by the Labor Code of the Russian Federation (in particular, its Articles 84.1, 136 and 140) to formalize the dismissal and pay the dismissed employee, must proceed from the fact that the employee’s last day of work is not the day of his dismissal (last day of vacation), and the day preceding the first day of vacation" - Definition Constitutional Court RF dated January 25, 2007 N 131-О-О.

For delay in issuing a work book, the employer is responsible for:

1. administrative in the form of a fine for officials in the amount of one thousand to five thousand rubles; on persons carrying out entrepreneurial activity without forming a legal entity - from one thousand to five thousand rubles or administrative suspension of activities for a period of up to ninety days; on legal entities- from thirty thousand to fifty thousand rubles or administrative suspension of activities for up to ninety days. - according to Art. 5.57 Code of Administrative Offenses of the Russian Federation;

2. material - according to Art. 234 of the Labor Code of the Russian Federation “to compensate the employee for the earnings he did not receive in all cases illegal deprivation his ability to work:... the employer’s delay in issuing a work book to the employee.”

In paragraph 56 of the Resolution of the Plenum of the Supreme Court dated March 17, 2004 No. 2, it is explained: “When considering a case based on a claim by an employee, labor relations which has not been terminated, the collection of accrued but unpaid wages must be taken into account that the employer’s statement about the employee missing the deadline to go to court cannot in itself serve as a basis for refusing to satisfy the claim, since in this case the deadline for going to court has not been missed, since the violation is of a continuing nature and the employer is obliged to promptly and promptly in full payment of wages to the employee, and especially delayed amounts, remains valid for the entire period of validity of the employment contract.”

Art. 392 of the Labor Code of the Russian Federation establishes the deadline for applying to court for recovery of wages: An employee has the right to apply to court for resolution of an individual labor dispute within three months from the day he learned or should have learned about a violation of his right.

Thus, to recognize a violation of non-payment of wages as continuing, two conditions must be present: the employment relationship has not been terminated, wages have been accrued but not paid. Only in this case, the period for going to court is not limited to 3 months.

If an entry about dismissal is made in the work book, then the application period is calculated from the moment indicated in the work book as the day of dismissal. That is, for the case under consideration - skipped. In this case, you can go to court, but if the employer declares a pass, the court will apply it (clause 5 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated March 17, 2004 N 2).

And it can be restored only if there are good reasons: “as good reasons for missing the deadline for going to court, circumstances that prevented the employee from filing a lawsuit in a timely manner to resolve an individual labor dispute (for example, the plaintiff’s illness, being on a business trip, inability to going to court due to force majeure, the need to care for seriously ill family members)” - clause 5 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated March 17, 2004 No. 2.

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16.05.2013 19:02:12 82093

Delays in wages are always an unpleasant thing. But what's even worse is the long wait. cash, when all hope of receiving them fades. This is where the question arises about filing a lawsuit against unscrupulous employer. However, this matter cannot be rushed, but it cannot be delayed either. So what are reasonable time frame to file a claim in labor disputes?

Two options for solving the problem

When considering this issue there are quite understandable moments, but there are also some pitfalls. The Labor Code of the Russian Federation clearly regulates the payment of funds for work performed. If payment has not been made, or the payment does not correspond to that specified in the contract, then you should go to court. There are two ways to solve this problem: either contact district court, or to the labor dispute commission.

Of the two options for the plaintiff, the most optimal, of course, would be to file a claim in court. Moreover, in this case, the plaintiff is completely exempt from paying state fees for this category of cases. Labor dispute commissions in most cases do not want to understand conflicts and make superficial decisions, most often directed against the plaintiff. Therefore, filing a claim in court is the most suitable option in solving the problem.

Filing a claim in court

Some time ago, labor disputes could be resolved by magistrates, but now cases of this kind are considered only district judges. The Labor Code of the Russian Federation in Article 392 establishes two types of deadlines for going to court: within one month, applications regarding controversial cases of dismissal must be submitted, and other issues have a period of one to three months from the moment the employee learned or should have learned about existing facts of violation of his rights. Such cases may include disputes about illegal transfer to another position, delays in wages and other circumstances that adversely affect the employee.

For example, a company employee did not receive the salary stipulated by the contract, or did not receive it in the amount he should have. Such circumstances are illegal and violate his rights. If a person realizes it too late, then the employer will certainly remind him that the deadline for payments has long passed, that there is no need to fuss now, and the employee himself, having leafed through the Labor Code of the Russian Federation, without understanding anything in it, will leave the matter as is. A person ignorant of jurisprudence will only harbor a grudge against a negligent employer and continue to live with her. But if you turn to lawyers, they will explain some important provisions laws protecting the rights of the deceived employee.

The Supreme Court of the Russian Federation has already given clarifications that are binding on lower courts. Currently, there is a resolution of the Plenum of the Armed Forces of the Russian Federation No. 2 of March 17. 2004 “On the application by the courts of the Russian Federation of the Labor Code of the Russian Federation.” Regulation 56 states: “When considering a case under statement of claim employee (whose employment relationship has not currently been terminated) about the recovery from the employer of accrued but not paid wages to the employee, it is worth considering that the employer’s own statement about the statute of limitations of the case and the employee’s failure to go to court cannot serve as a reason for refusing to satisfy eligible claims. Because in this case, the deadlines cannot be missed, since the violation itself is protracted. And the employer's obligation to full repayment and timely payment of wages to employees, including payment of delayed funds, is maintained during the period of validity of the employment contract.”

According to this resolution if the employee continues to be on the staff of the company or organization, and his employment contract is not terminated, then the employer is obliged to pay him all outstanding wages and other payments related to labor activity employee. If the employer does not do this, then you can safely sue him, even if more than three months have passed since the violation of the employee’s rights. In the defendant’s statement of claim about the employee missing the deadline to apply to court and in connection with this, the court must refuse the requirements for the statement of claim, and the consideration of the case will continue on the merits.

If the employer does not pay wages and the employee quits, then three months begin to count from the moment of dismissal, that is, from the moment of termination of the employment contract. This is due to the fact that it is upon dismissal that the employee’s final payment is made, and at this moment the employee may learn of a violation of his rights. The civil code of the Russian Federation provides for a limitation period of three years, during which compensation for unpaid wages can be recovered.

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