The question of how much can be delayed wages, sounds are now extremely rare.And it's not that employers have become more disciplined and law abiding.Just most of the employees are well versed in matters of labor law, and knows that the Labour Code clearly defined provisions for the payment of wages.Namely, that it should be given not less than twice per month, established by law or specified in the collective agreement terms.
So when the salary for any reason delayed, some waiting patiently, while others are starting to fight for their rights.Typically, the struggle begins with that familiar lawyer or a person who has experience of settling labor disputes, asking: "Do not give a salary, what to do?»
first advice - to apply to its regional state labor inspectorate that monitors compliancelegislation.And the fact that it can be located two hundred miles - no problem.Letter in the form of a complaint sent to the email address of the inspection will go there in a few minutes.In the absence of the Internet can use the postal services.It will take longer, but the result will be the same.The complaint shall be made in any form, but just tell - a delay salary, what to do is not enough.It is necessary to thoroughly describe the whole situation, with an indication of the facts, names and dates.Please attach copies of all documents (contract of employment, statements of account, the settlement sheet accounts, showing the wage arrears, the testimony of witnesses in writing), which can confirm the correctness of your requirements.Contacting inspection well that, according to paragraph 2 of Article 358 of the LC RF data of the applicant, at his request may not be disclosed.
Second Council will appeal to the local prosecutor's office.The complaint supplied there must be executed similar to the one that served the State Inspectorate for Labour: a detailed description of the moment of conflict with copies of supporting documents.
But the problem is that the provisions of these two instances, and the employer can ignore.And then with new force will rise an open question: "The delay of salary, what to do?»
appeal to the court against the employer violates your rights, the most effective solution.The statement of claim is served at the place of registration of the debtor or the place of residence of the employer-entrepreneur detaining you put a reward for the work performed.Stamp duty and legal costs borne by the defendant, and therefore no court costs if you do not carry any outcome of the case.However, there is a limitation period (3 months) from the date of violation of the employer agree on pay, after which the court can not hear the case.And if you turned to the court after the expiration of this period, then attach a document confirming the good cause of delay (for example, a piece of temporary disability).Otherwise, the problem: "The delay of salary, what to do?" - Will remain your problem.
Undoubtedly, litigation requires courage, patience and time, but then the positive result can be achieved at once.In this case, the negligent employer be forced not only to return the money he owes you, but also to compensate for the delay itself and pay moral and material damages that you have suffered as a result of late payment of compensation for their work.And the punishment did not suffer, only the company, but also personally to the head.And in the end, I thought: "The delay of salary, what to do ?!" - will pursue the employer, accustoming to respect the law.
