Getting a job, everyone hopes for a dignified and timely payment of their labor.Moreover, the Labour Code of the Russian Federation says that the employer must give the employee a salary commensurate to his work and to pay it in full in the statutory, employment or collective agreement terms.But, unfortunately, very often we are faced with arbitrary leaders who believe that the responsibility for non-payment of wages they will not suffer, unscrupulous accountants, human indifference and direct violations of the law.
fight for the truth and to obey the circumstances, but to keep their jobs?How to enter, every man for himself to decide.But remember that one of the most flagrant violations of labor legislation - this is non-payment of wages.The Criminal Code establishes a very serious responsibility for this type of crime, and this should be remembered as the employee and the employer.
first steps
you receive a payslip or salary to the card or the encashment.But she, for unknown reasons, was less than usual.Either accrued salary, but money is not forthcoming.The first thing to do is consult the accounting department to the person responsible for the calculation and payment of wages.If you have not received a payslip, then it is, from the legislative point of view, a violation of the rights of the employee and the laws of the Russian Federation.The employer shall notify each employee in writing of the amount of his salary, with an indication of certain types of charges, including compensation and other amounts, as well as the size and type of deductions, if any.If you hold legitimate or has been admitted to negligence or error, then the incident is exhausted at this stage.
appeal to the leadership of the organization
If you do not agree with the retention of your earnings, or if you do not give any explanation, please contact directly to the head.In the name of the employer write a statement in which is expressed clearly and in detail your claim for unpaid wages or the illegal retention of part of the salary.Be sure to write two copies of the application and register them with the Secretary.Personally, I check that was dated receipt and the number of incoming mail, otherwise your application on non-payment of wages may simply "lose".
In a pinch, you can send your appeal by registered mail.In all their speeches and statements always try to refer to specific rules the Labour Code and the Criminal Code provide penalties for violations of law in the present case - responsibility for non-payment of wages.
State Labour Inspectorate
It may be that your application is written in the address of the employer, will not bring positive results, or simply ignore it.Then you can safely have recourse to the State Labour Inspectorate of the fact that the employer has made an illegal delay in the payment of wages or withholding part without any reason, with the application of available documents (the employment contract, payslips, an explanation of the employer, orders on bonuses andt. d.).Message can be sent via the official website of the organization, e-mail or contact the hotline.
hundred percent efficiency of this step can only be the case if all the violations are beyond question, and the law is entirely on the side of the employee.In addition, the necessary documentary evidence.Therefore, pre-worth to collect all the papers, especially the labor contract, orders about awarding or withholding of wages, pay slips.If the employer refuses to give you orders which are directly related to your work, it is inappropriate.In this case, too, there is a way - just to write a letter to the head with a request to give a copy of the necessary orders, duly certified.Application to register with the Secretary, one copy left at home.In a period not exceeding three days, according to the law, you are obliged to give these copies.Otherwise, this fact can be noted in a statement to the prosecutor or the court.
complaint to the prosecutor
If neither the first nor the second option does not produce results, contact the prosecutor's office.Complaints about unpaid wages recorded in the prosecutor's office of the city or area where you live.It sets out the essence of the situation with the details of the actual character - less feeling and more facts.Include copies of all documents relevant to the case.And also point to the need for inquiry into compliance with the norms of the Labour Code the employer.
complaints about unpaid wages should be considered the prosecutor's office within one month from the date of its registration.And if it does not require additional investigation or inspection, within fifteen days, after which you need to send a written response to the results of its review and the measures taken.At this stage, the prosecutor's office may order the employer to pay all arrears of wages at a certain date, as well as require to discipline those responsible.
But there are disgruntled employees and the prosecutor's office.A man can look forward to hearing the prosecutor's office for a month, then the expected result and all entitlements and the employer, in turn, will give it time to unsubscribe.And now, time has passed, the desired result is not obtained, and the terms of reference to the court missed.This adds additional cost and effort.Such a situation may in particular arise when the employee does not agree with the amount of wages paid, when they were made groundless, in his view, hold.
Court: filing a claim
Going to court is probably the most effective measure impact, aimed to ensure that unscrupulous employers held responsible for non-payment of wages.But as a rule, our citizens, for some reason, avoid this resort.Although everything is quite simple.It should be written in accordance with the model (which can be found online or take in the district court), the statement of claim.Non-payment of wages - this is a very flagrant violation of the law and, as a rule, the employer is making concessions in order to resolve the issue by way of a labor dispute, avoiding that it was a criminal case.
When applying to the court for resolution of a labor dispute the employee is exempt from court costs and court fees.The statement of claim for unpaid wages in full or in part is supplied to the district court.It is written in triplicate.It is necessary to elaborate on the essence of the situation and its requirements.If copies of any documents you were not able to receive, specify this in a statement.Subsequently, the court, in its discretion, may require the employer to provide them.If the court makes a statement, it will be considered in civil proceedings in a period not exceeding 2 months from the date of its receipt.
Compensation
Labour Code of the Russian Federation, and in particular Art.236 tells us that the employer is responsible for non-payment of wages, its delay and delay other payments, including the material.The amount of compensation depends on the current refinancing rate and is paid for each day of delay.In addition, the employee has a right to compensation for non-pecuniary damage.Generally, its amount is not very high, but still the place to be.It is useful to extract from the medical record, if there has been an exacerbation of the disease, suffered a nervous breakdown and so on. D.
Based on the foregoing, we conclude that the delay in payment of wages to the employee gives the right to compensation, and caused spiritual or physical suffering (but this also happens) - for compensation for moral harm.
involving experts
involvement of experts - is the legitimate right of any member of the civil proceedings.If the employee for any reason not to trust the organization of accountants and their calculations, and that he is not competent in this matter, he can apply for the involvement of experts, independent experts.The cost of the services it establishes the court, and the approved amount shall be recovered from the losing party.
Settlement Agreement
Even the bad world, says the proverb, better than a good quarrel.Very often, the employer goes to such a measure, as the conclusion of a settlement agreement, not wanting publicity and guarding against more serious consequences.It can be signed at any stage of a labor dispute, and in essence it is a deal between the defendant and the plaintiff.It is approved by the court.By entering into a settlement agreement, it is important to remember that after the signing of the appeal court again with the same claims of impossible.
What are the terms of going to court?
workers whose rights have been violated may apply to the court with a claim within three months.Time is counted from the day when he knew or should have known that its rights have been violated.If a dispute arises about the amount of wages paid, the period will go from the time when the employee received a payslip signed the statement, or the money was transferred to his bank account.If the employer is accrued but not paid a salary, the terms will be used from the time when the employee leaves or is dismissed at his own request.It is important to remember that the appeal to the prosecutor's office with a complaint, or to the State Labour Inspectorate does not stop the deadline for the appeal to the court, so in each case, the circuit of the individual, but most be treated immediately directly to the court in order not to lose precious time .
Grounds for Extension of Time Limits
Russian legislation does not establish a specific list of reasons to skip the maturities considered as justifiable.They are individual, and are considered by the court in a particular process.The basis for the restoration of missed deadlines, for example, may be finding the plaintiff in a medical institution (if statements), helpless state or complex family circumstances.
How to appeal the decision?
If the complainant is not satisfied with the court decision in full or in part, he can appeal it through the filing of the appeal, then the appeal.The first type of complaints must be submitted prior to the entry into force of the decision in a higher court.He appealed through the courts, where the decision was made.Solutions, as well as the determination of the court, which entered force, too, can be challenged, but in the court of cassation.When filing a complaint against the court decision taken in the first instance, paid the state fee.
appeal to the Investigation Committee of the Russian Federation
If the employer in full within two months, or a partial amount for three months produced non-payment of wages, of the Criminal Code of the Russian Federation considers it as a crime.Therefore, the employee may refer to its alleged violation of labor rights in the Department of the Investigative Committee of the Russian Federation on the location of the employer.Art.145.1 of the Criminal Code establishes significant penalties with deprivation of the right to engage in certain activities or hold certain positions, as well as forced labor or real terms of imprisonment for the delay in payment of salaries.
Applying the Investigative Committee of the Russian Federation - a measure of last resort in labor disputes regarding the salary, but it gives a very good "preventive" effect.Non-payment of wages - the criminal responsibility, or the threat of its occurrence to the employer.
Forewarned - is forearmed
Keep in mind, if the citizen to get a job and are not officially received the so-called black wages, that the Labour Code and the Criminal Code of the Russian Federation are likely to be powerless.However, it happens that even when reading and signing an employment contract, many citizens admit negligence, lack of seriousness, without realizing the significance of this document.Important every letter in it, every word, the salary should be spelled out in the contract, but not discussed in words.An employment contract entered into in accordance with the legislation of the Russian Federation - a guarantee of the rights of the employee.A failure to comply with its provisions by the employer - it is an occasion to bring to justice, including criminal prosecution.
