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 prescribed in. But, not all bosses comply with these conditions, and they issue funds to employees out of time.

In the event that the salary is delayed - what to do, where to turn?

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The rights of the worker in case of delay in wages

For how many days can wages be delayed? Based Article 142 of the Labor Code Russian Federation the employer is allowed to delay the issuance for fifteen days, but no more than that.

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

The worker can draw up, which contains wage claim, and send it to the manager. It is necessary to issue an 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 evidence that the employer was aware.

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

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

At the same time, the salary of the employee is maintained at an average size.

If the employee was not at work during this period, then he will have to resume his labor activity when it comes the next day after receiving the message from the manager on the transfer of delayed funds on the day the worker goes 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 matter concerns legal entity, then a fine of up to fifty thousand rubles is provided for him.

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 be leaders for three years. For legal entities, penalties also increase, and will be equal in this case to seventy thousand rubles.

To oblige the head to bear administrative responsibility, you need to go with a statement to labor inspection the area where the organization is located. It is also possible to issue a fine through the court.

If the manager does not pay salaries 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 a salary in a certain period can immediately begin to protect his interests.

The worker can complain to the labor inspectorate the area where the organization is located.

This must be done at the very beginning of the violation of the employer, thus wages can be received faster.

Write to the labor inspectorate statement, which is drawn up in an arbitrary form. At the same time, certain violations of the rights of the worker should be mentioned in the document. Failure to pay on time is also considered a breach. wages, as well as the delay period and the due amount.

If everything remains unchanged at the end of 15 days, then the worker may legally not perform his job duties until the violation is corrected. At the same time, 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 are engaged in hazardous equipment cannot stop their labor activity, as well as if the work is related to the maintenance of the life of citizens.

If an employee decides to suspend their official duties, then he can immediately write an application to the court for the recovery of salary debt from the head, as well as compensation for its non-payment on time.

Before filing a claim, it is necessary to determine whether wages have been accrued. This is necessary for the reason that if there are no disputes over the presence of debt, then there will be no court hearing, because. Writ of execution will be issued immediately after application.

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

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

Where can I complain about salary delays anonymously?

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

At the same time, the name of the employee who addressed him with a complaint will not be reported to the manager.

If the inspector violates the confidentiality rule, the employee can sue him.

Delayed salary - what to do? Watch the video clip:

If salary is delayed what to do where to go. How long can they delay wages? What is the responsibility of the employer for the delay in payment of wages

Wage delay: what to do, the procedure for calculating compensation. What should I do if my salary is delayed? The prosecutor's office, the Federal Labor Inspectorate and the court often receive complaints from employees whose rights and legitimate interests are violated by the employer. The basis for the preparation of applications is the delay in the calculation of salaries. The current legislation compares non-payment of wages with forced labor, so the rights of workers are protected by state bodies.

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Procedure for delaying wages

The main condition for employees who want to receive wages and the right is the observance of the established procedure. In this regard, it is important to know what to do if wages are delayed.

Let's briefly review the procedure:

1. Appeal to the employer. It is carried out in writing if the delay in payment is more than 15 days. Measure of self-defense - absence from work, refusal to perform labor function indicated in the prisoner .
2. Contacting the Federal Labor Inspectorate. Appeal occurs by drawing up an application, on the basis of which an audit is carried out. If sufficient grounds are found, the employer is held liable, the employees are paid the debt.
3. Appeal to the prosecutor's office. It can be carried out by a personal visit to the prosecutor's office or by sending an application by mail in the form of a registered letter with notification.
4. Appeal to the court. Is the final authority for review labor disputes. The filed claim must contain claims for the payment of wages and penalties for the time of delay.

Fact

Applications to the listed supervisory authorities and the court may be submitted by one person, a group of employees or the entire work team.

Appeal to the prosecutor's office

Other government agency, to which workers can apply if they do not pay wages, is the prosecutor's office.

Important

It is important that the responsibility of the employer may be different - administrative or criminal (depending on the amount of debt).

Procedure for contacting the prosecutor's office:

1. Appeal to the branch located at the place of registration of the employer or the address of the applicant's residence.
2. Clarification of the full name of the officer on duty and the number of his office. You can contact the Assistant or Deputy District Attorney directly.
3. Statement of the essence of the problem. Clarification of the circumstances of the case, attempts to preliminary resolve the dispute.
4. Drawing up a statement in writing in the presence of an employee of the prosecutor's office.

Another way to contact the prosecutor's office if they do not pay a salary upon dismissal is to independently file a complaint and send it for consideration by mail in the form of a registered letter. A significant drawback of this procedure is the inability to be sure of the correctness of the application.

Taking the case to court

The last instance to which employees need to apply in case of non-payment of wages upon dismissal is the court. The purpose of the court decision of the dispute is not to punish the employer, but to return the money earned.

The statement of claim submitted for consideration must contain the following requirements for the defendant represented by the employer:

• Repayment of the debt in full;
• Payment of compensation for delayed wages.

Fact

Penalties for late payment of wages are assigned in the amount of the established refinancing rate of the Central Bank of the Russian Federation (10.5%).

Of course, most employees will not apply to supervisory authorities if the delay in payment is 1-2 days, but theoretically this is possible. Moreover, they can seek reimbursement of compensation for delayed wages.

Payroll period

The terms of payment of wages are established by the employment contract concluded between the parties (employee and employer). However, this period cannot be less than 2 times a month.

Compensation Formula

The legislator establishes a formula according to which the calculation is made:

The minimum amount of compensation = the rate established by the Central Bank of the Russian Federation * the amount of delayed earnings / 300 * the number of days of delay.

Important

If during the period of salary delay the refinancing rate changed, then the calculation is made for each period, depending on the number of days that make them up.

The Labor Code of the Russian Federation provides only a minimum amount of compensation. Rules internal regulations certain organization or collective agreement other amounts of accrual and calculation of penalties may be provided.

It is important to consider several important nuances:

• The compensation paid is not included in income tax costs (including under the simplified tax system);
• Penalties are not subject to personal income tax;
• Insurance premiums are paid from compensation. The procedure for their calculation and payment is established at the legislative level.

The regulatory framework for the issue under consideration on the payment of penalties is: Letter of the Ministry of Labor No. 14-4 of 2014, art. 217 of the Tax Code of the Russian Federation, Federal Law No. 212 of 2009.

Employer's liability for late payment of wages

An employer who does not pay wages to employees will be held liable on the basis of the norms contained in codified sources - the Criminal Code of the Russian Federation or the Code of Administrative Offenses of the Russian Federation.

Responsibility for managers who for the first time did not fulfill their obligation to pay is contained in Art. 5.27 of the Code of Administrative Offenses of the Russian Federation (varies depending on the status held):

1. involved in the obligation to pay a fine, the amount of which will be in the range from 1.000 to 5.000 RUB. (replaced by a warning in special circumstances).
2. For persons registered as a private entrepreneur - payment of a fine from 1,000 to 5,000 rubles.
3. For legal persons are assigned a payment from 30,000 to 50,000 rubles.

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Nowadays, many employers, in an effort to save on paying taxes, pay their employees a black salary or a salary “in an envelope”. For an employee, this is quite risky, because it may happen that upon dismissal or at another moment, the employer will stop paying him the due amounts. In this regard, the employee may have a question: what to do if the employer does not pay black wages?

It is possible to return the black salary after dismissal, but this is usually not easy to do, because its size, and sometimes the fact that a person works in an organization, is not reflected in the documents of the employer. An employee who has not been paid a black salary, in order to protect his violated rights, will have to collect a lot of evidence and go through several instances to confirm that the employer is not paying the due amounts.

How to force an employer to pay a black salary

If an employee is not paid a black salary, first of all, you need to go to an appointment with the head of the organization and state your requirements for the payment of the promised salary. If at the time of dismissal they did not pay a black salary, it is necessary to explain to the employer that in case of non-payment of wages, the employee will be forced to apply for the protection of his rights to the relevant authorities, which will entail unpleasant consequences for the organization in the form of numerous inspections and litigation. In addition, it is necessary to explain to the manager that the employee will send a complaint to tax office, which has the right to hold the employer liable for tax evasion and impose a significant fine on him.

It is possible that after such a requirement, the employer will prefer to resolve the issue peacefully, because the employee’s complaint can lead to both loss of money due to the imposition of an administrative fine, and bringing the head of the organization to responsibility, up to criminal.

If the employee did not succeed in receiving a black salary upon dismissal, then you can achieve the payment of the promised earnings by contacting the competent authorities. Among them are the Prosecutor's Office and State Inspectorate labor. In addition, you can also take the black salary due to the employee by going to court at the location of the employer. In this case, the employee will not incur the costs of paying state duty, after all, plaintiffs in labor disputes are exempted from paying it. But the employer, if the claim is satisfied, will have to pay to the budget a fee on the case, calculated on the basis of the amount of claims.

The prosecutor's office, being a supervisory body in the field of protecting the rights of citizens, conducts inspections at the request of employees and, if violations are detected, issues an order to eliminate them.
The State Labor Inspectorate has similar functions, acting as a special labor control body.
You can apply to these bodies by making an appointment with an employee authorized to receive citizens' appeals (assistant prosecutor, labor inspectorate specialist). You can complain about the illegal actions of the boss by preparing a written complaint to the indicated authorities, where you should state in detail the essence of the problem.

Before filing a complaint, you should collect evidence that the employee worked for the organization, but the promised salary was not given to him. Among these evidences may be the testimony of other employees, audio and video recordings, etc.

The employee’s appeal is drawn up in an arbitrary form, but it should mention all violations committed by the employer, the name and contacts of the employer organization, the name and address of the state body where the complaint is addressed, as well as information about the sender of the appeal (name, address, telephone number, Email). The complaint must be signed and dated.

You can send an appeal by mail, as well as through the website of the prosecutor's office or inspection, attaching electronic versions documents. After receipt of the complaint, it will be considered within thirty days. During its consideration, an audit will be carried out and an answer will be given to the employee, which will indicate measures that will help to knock out a black salary from the employer.

How to prove a black salary in court

To force them to pay black wages, workers often have to go to court. However, in order to recover the due amounts from the violating employer, the employee will need to prove that he really worked in this organization, and he was promised wages in a certain amount. It's not easy to do this, because documentary confirmation these circumstances are very difficult to find, especially if the employee worked for the employer without formal employment.

By sending a statement of claim to the court, the employee will be able to sue the black salary. At the same time, the costs incurred by him in the course of the trial will be borne by the employer, in particular, payment for the services of a lawyer (within reasonable limits). Therefore, it is better to resort to the services of a specialist who will help to correctly draw up a statement of claim, correctly formulate the requirements of the plaintiff and collect the necessary evidence.

In addition to the requirements for the payment of wages, by virtue of Art. 236 of the Labor Code of the Russian Federation, an employee may demand payment of interest for non-payment of black wages on time, these interests are 1/300 of the refinancing rate of the Central Bank of the Russian Federation from unpaid wages for each day of its delay.

To prove that the employee actually carried out labor activities in the organization, evidence such as:

• testimonies of witnesses (other employees);
• payrolls;
• photos and videos.

Evidence will also be required confirming a certain amount of wages. These may include:

• payrolls showing amounts received by employees;
• envelopes in which salaries were paid, with notes;
• advertisements in newspapers and the Internet describing vacancies and wages;
• testimonies of other employees of the organization that can confirm the amount of remuneration in the organization;
• statistical information on wages for certain specialties.

If the court considers that the evidence presented by the employee is sufficient to confirm the position of the plaintiff, then it will make a decision to establish the fact of labor relations and collect unpaid wages.

In addition, the court has the right to issue a private ruling to the violating organization, in which it may indicate the need to comply with the requirements of the law and the inadmissibility of violation labor rights workers. The employer must correct the existing violations of the labor rights of employees within a month, and then inform the court. If such actions are not taken, the employer may face administrative liability for failure to comply with the requirements specified in the private ruling of the court.

The issue of delays and non-payment of wages still does not lose its relevance, despite the serious tightening of measures of legislative regulation of labor relations. What should I do if my salary is delayed?

What to do and where to apply if they do not pay or delay wages? You will find the answers of practicing lawyers to these and some other questions in our article.

What to do if the employer does not pay wages

If they do not pay or delay wages, the Labor Code of the Russian Federation provides for several options for applying to various regulatory authorities. In this case, you can use either one of the methods, or all at the same time. Let's consider them in more detail.

1. The first instance, to which without fail the employee needs to apply in case of a long absence of cash payments for the hours worked, is his direct management. Labor Code of the Russian Federation Art. 142 gives the employee the right to self-defense, which can be expressed by absenteeism from work if wages are delayed for a period of 15 or more days. In this case, the employee undertakes to notify the employer of his intention in writing. In accordance with labor legislation, the employee must return to the performance of his duties no later than next day, after receiving from the employer a written notice of consent to pay the amount of wages due to him on the day of going to work. The right to suspend the work process does not apply to employees the following enterprises and organizations:
   • Life support workers utilities(gas, heat, electricity, water, communications).
   • Ambulance medical workers.
   • Government employees.
   • Persons serving hazardous industries.
   • Employees of the armed forces of the Russian Federation, emergency services, the Ministry of Emergency Situations, search and rescue teams, etc.
   • Employees of territories with an introduced emergency regime or martial law.
2. Application to the labor inspectorate. This body was created to ensure control over compliance with the proper execution labor law. Therefore, handling in this way is the most convenient and effective for most workers. An application to the labor inspectorate is submitted in writing, in free form. On its basis, the authority conducts an inspection of the enterprise and, in case of violations, applies restrictive sanctions against the employer. If necessary, specialists of the labor inspectorate help employees in the formation of a package of documents for applying to the court.
3. Application to the prosecutor's office. The Constitution of the Russian Federation empowers the prosecutor's office, which is a supervisory authority, with the authority to conduct the necessary checks in the presence of an application from a citizen. In addition, the prosecutor may conduct an investigation with a view to applying to an unscrupulous employer all the necessary sanctions that are provided for by applicable law. Information about how you will find on our website.
4. What to do and where to turn if they do not pay salaries? Of course in court. All of the above organizations (the prosecutor's office and the labor inspectorate) in most cases deal with punishment dishonest employer, and the court authorities will help you return your honestly earned remuneration. not only the requirement to return the amount of debt on wages, but also the daily calculation of penalties for the use of unpaid in cash. The fine is calculated in accordance with the current refinancing rate of the Central Bank of the Russian Federation, which in 2015 remained at the level of 8.25%, and since the beginning of 2016 has been 11% per annum. The penalty begins to be calculated from the first day of delay in payment of wages. That is, if the pay day is set on the 10th, then the penalty is charged from the 11th.

Summarizing the above, it can be noted that the legislator provided the employee with several effective ways protection of his own rights, each of which he can use at his own discretion.

Where to go if you don't get paid

Some are interested in the question: is it possible to leave a complaint if they do not pay or delay wages over the phone? The answer to the question can be found in federal law“On the procedure for considering applications from citizens of the Russian Federation”.

In accordance with the above normative act a citizen has the right to apply to the body of interest to him state power in any convenient form and receive a legally justified response to your appeal.

Mandatory form such treatment not provided for by law. From this we can conclude that if an employee is delayed in salary, then he has the right to contact the prosecutor's office or the labor inspectorate by telephone.

However, it should be noted that the basis for official verification an unscrupulous employer is a statement from an employee, drawn up exclusively in writing. A simple phone call cannot be a reason for any action on the part of the regulatory authorities regarding the current situation.

By phone, it is best to consult, make an appointment with an authorized representative of the authorities, or determine the procedure for your next steps to resolve the circumstances that have arisen.

Is it possible to delay wages according to the labor code, and for how long?

A little higher, we told you what to do if you do not pay a salary. However, sometimes the economic situation in the country or other force majeure circumstances can make certain adjustments, as a result of which delays in payments to employees occur for reasons beyond the control of the employer. Let's figure out what to do and where to turn if your salary is delayed?

How long is wage delay allowed? Let's look at the law again: Art. 136 of the Labor Code of the Russian Federation states that the employer is obliged to pay wages at least twice a month on the days established by the internal labor regulations.

Any violation of the deadlines (even if it is 1 day), regardless of the reasons, is considered unacceptable and may entail liability with the subsequent application of certain sanctions against the employer. Of course, it is unlikely that any of the employees will apply to the regulatory authorities in the event of a one-day delay in wages, but from a legislative point of view, this is possible and acceptable. The law is on the side of the worker. Delay or non-payment of wages is prohibited. Otherwise, the employer will rightfully be held liable. There are no allowable delays.

Responsibility for non-payment and delay of wages

Delay or non-payment of wages, as well as violation of other labor rights of employees, may result in certain types of penalties against the employer violating the law. According to Art. 5.27 of the Code of Administrative Offenses provides for the following types of liability:

• For company officials and individual entrepreneurs penalties are imposed in the amount of 1,000 to 5,000 rubles (moreover, for the latter, a forced suspension of activities for up to 3 months is possible).
• For legal entities (enterprises and organizations), the fine ranges from 30,000 to 50,000 rubles, or a punitive measure is applied to suspend activities for 90 days.
• In case of repeated violations of this kind official may be subject to disqualification for up to 3 years.

If wages are not paid in full for two or more months, then penalties are applied in accordance with the rules of criminal law. Based on Article 145.1 of the Criminal Code of the Russian Federation, the following types of penalties are provided for employers:

1. In the form of a fine, the amount of which is from 100,000 to 500,000 rubles or equal to the salary or other income of the perpetrator for a 3-year period.
2. In the form of imprisonment for up to 3 years with the deprivation of the convicted person of the right to carry out a certain type of activity, or the opportunity to hold relevant positions for a similar period of time (or without it). The measure of punishment depends on the specific circumstances of the case and the classification of the actions of the defendant (according to part 1 or 2 of the article of the Criminal Code of the Russian Federation).

A few words about good reasons delays in employee payments. What to do if the employer did not pay wages on time, but this delay occurred due to force majeure, for reasons beyond the employer's actions, then he, in accordance with labor legislation, is obliged to pay the employee monetary compensation calculated subject to the current refinancing rate. In addition, this does not exempt him from additional bringing to administrative responsibility.

In any case, the legislator did not provide for the employer any opportunity to avoid paying monetary compensation employees, regardless of the circumstances. But with regard to bringing to administrative or criminal liability, here, as it shows arbitrage practice, nuances are possible.

Despite the stabilization of the economic situation in the country, delays in salary payments are still observed. To protect their rights, employees need to know what to do if the employer does not pay wages. This issue is regulated at the state level and penalties may be applied to a company or organization.

The rules for calculating and issuing wages are set out in Part 1 of p. 142 of the Labor Code of the Russian Federation. According to the provisions of this document, the employer is obliged to pay the employee the amounts specified in employment contract or by staffing organizations. Changing the time in a big way is a direct violation of the law.

Rules for issuing wages for work:

• final settlement - no later than the 15th day of the month following the month worked;
• payments are made twice a month;
• the maximum delay is no more than 15 days.

For some categories, deadlines may be specified in labor contract. But he must not violate the rules established in Part 7 of Art. 136 TK. Otherwise, if the employer does not pay wages, the employee has the right to apply to the regulatory authorities to resolve this issue.

If the delay exceeds 2 months, criminal liability arises under Article 145 of the Criminal Code of the Russian Federation. The organization also faces fines that will be paid to an employee whose rights have been violated.

Contacting an employer

The first place to go if you do not pay a salary is the management of the company (organization). It is necessary to draw up a written claim indicating violations of the current labor legislation. The form of the document is free, you must correctly indicate the data about the applicant and the responsible person.

One of the most effective ways to achieve timely repayment of debt is not to reach workplace. But at the same time, you need to take into account such points:

• Write a notice of your intentions. The responsible person must be familiarized with it at least 1 day before the start.
• There are a number of specialties for which this measure of influence is not provided - the field of life support, civil servants, work in hazardous industries, the armed forces.

After satisfying material requirements, the employee must go to the workplace on the next working day. In addition to the amount of debt, employer penalties for delay - penalties can be added.

The amount of the fine depends on the form of ownership of the company. For an individual entrepreneur, it ranges from 1,000 to 5,000 rubles, for a legal entity - from 30 to 50 thousand rubles. In case of a systematic violation, criminal liability arises - a term of imprisonment of up to 2 years.

Labor Protection Inspectorate

First state organization where you need to apply if you do not pay wages - the labor protection inspectorate. To do this, you need to go to the official website of the organization www.rostrud.ru and send an appeal in electronic form. There are no content requirements, but it is recommended to indicate which articles of the Labor Code were violated by the employer.

But you need to take into account the reality of the impact on the employer with the help of this state regulatory body:

• The review process may take several months. The fact of violation must be recorded by a special commission.
• Possibility of getting free legal advice. This can be done online or by contacting your local inspection office.
• The likelihood of a prompt resolution of the issue is relatively low. This is due to the lack of methods of pressure on the employer. This should be taken into account when choosing an organization where to complain about the employer.

Applications can be made in person, by mail or sent to in electronic format. In the first two cases, it is recommended to leave a copy of the document, as well as find out the incoming application number for further monitoring of the progress of the case.

To analyze the relevance of using this method, you need to read the feedback from the applicants. They are located on independent resource and for the most part point to the low efficiency of the state organization.

In the video material, the consultant briefly and succinctly talks about actions in case of salary delay:

Application to the prosecutor's office

It is one of the most effective and effective methods legal return of earned funds. The first thing to do if they do not pay wages is to record this fact. The basis for contacting the local prosecutor's office may be a copy of the claim that the employer received from his employee.

To use this method, you need:

1. Write a statement, a sample can serve as the basis. It is important to properly justify the violation of the law.
2. Find out the address of the local prosecutor's office and make an appointment. You can do this over the phone.
3. Provide the responsible person with a statement, make a copy of it. On the latter, the prosecutor or his deputy must put the incoming number, the date of filing and indicate their data - full name.
4. A maximum of 1 month is given to resolve the issue.

After this period, an official response is provided. Additional penalties may apply and compensation payments. In rare cases, criminal liability arises for late payment of wages.

Also provided alternative way filing an application by mail. In this case, send registered letter with notification of receipt. In the telephone mode, you can find out the results of the actions of the prosecutor's office, but in any case, it must give an official response in writing.

lawsuit

Another state body where you can apply for a solution to a problem that has arisen is the court. The advantage of this method lies in the high probability of repayment of the debt. After the decision of the court, the case is transferred to the executive service. She, on the basis of an official document, can use the assets of the employer or organize auctions for the sale of property to pay off debt.

Mandatory requirements:

• You can complain about the employer only at the place of his registration. You need to first find out the address of the district court.
• The statement of claim indicates all the factors relating to the employment relationship between the defendant and the plaintiff. In particular - the actual period of delay of the salary, the reasons for the refusal, a copy of the claim.
• The resolutive part of the claim contains the requirements of the applicant. It is important that they do not diverge from the current labor law norms.

The interests of the employee in court may be represented by third parties. If this is a practicing lawyer, you will not need to draw up a power of attorney. In all other cases, you must present a document confirming the rights of a certain person.