Responsibility for non-payment of wages. Liability of the employer for delay or non-payment of wages

Arranging for work, each person hopes for a decent and timely payment of their labor. Moreover, the Labor Code of the Russian Federation says that the employer must provide the employee with a salary commensurate with his work and pay it in full in the time frame established by law, labor or collective agreement . But, unfortunately, very often we are faced with the arbitrariness of leaders who believe that responsibility for nonpayment of wages will not befall them, the unfairness of accountants, human indifference and direct violations of the law.

Fight for the truth or obey the circumstances, but keep the workplace? How to proceed, each for himself decides for himself. But remember that one of the grossest violations of the law in the world of work is precisely the non-payment of wages. The Criminal Code establishes a very serious responsibility for this type of crime, and this should be remembered by both the employee and the employer.

First actions

You received a payroll or a salary for a card or a cash-out amount. But she, for unknown reasons, was less than usual. Either the salary is calculated, but the money does not arrive. The first thing to do is apply to the accounting department for the person responsible for charging and issuing wages. If you did not receive a settlement sheet, it is already, from a legislative point of view, a violation of the rights of the employee and the laws of the Russian Federation. The employer must notify each employee in writing of the amount of his salary, indicating the specific types of charges, including compensation and other amounts, as well as the amount and type of withholdings, if any. If the withholding is lawful, or was committed through negligence or error, then the incident exhausts itself at this stage.

Address to the management of the organization

If you do not agree with withholding part of your earnings, or you have not been given any explanations at all, then contact the manager directly. In the name of the employer, write an appeal in which your claim for non-payment of wages will be clearly and in detail, or about the illegal withholding of part of the salary. Be sure to write two copies of the application and register them with the secretary. Personally, check that the date of receipt and the number of incoming correspondence were affixed, otherwise your statement of non-payment of wages can simply "lose".

In extreme cases, you can send your appeal by registered mail. In all your appeals or statements, always try to refer to specific norms of the RF TC and the Criminal Code of the Russian Federation, which provide for punishment for violated rights, in this case - responsibility for non-payment of wages.

State Labor Inspectorate

It may be that your application written to the employer will not bring positive results or it will simply be ignored. Then you can safely resort to the assistance of the State Labor Inspectorate about the fact that the employer has made an illegal delay in payment of wages or withholding part of it without any grounds, with the enclosed documents (employment contract, settlement sheets, employer's explanation, orders for bonuses and Etc.). The appeal can be sent through the official website of the organization, by mail or through the hotline.

One hundred percent effectiveness of this step can only be if all violations are indisputable, and the law is entirely on the employee's part. In addition, documentary evidence is needed. Therefore, it is preliminary to collect all the papers, first of all, the employment contract, orders for bonuses or salary deductions, settlement sheets. If the employer refuses to give you orders that are directly related to your work, then this is not justified. In this case, too, there is a way out - just write an application addressed to the head with a request to issue copies of the necessary orders, duly certified. The application should be registered with the secretary, one copy should be kept at home. In a period not exceeding three days, according to the law, you simply have to issue these copies. Otherwise, this fact can be indicated in a statement to the prosecutor's office or court.

Complaint to the prosecutor's office

If neither the first nor the second option yielded results, contact the prosecutor's office. The complaint about non-payment of wages is registered in the prosecutor's office of the city or district in which you live. In it, state the whole essence of the situation with the details of the actual nature - fewer feelings and more facts. Attach copies of all documents that are relevant. And also point to the need to conduct an audit of the fact that the employer complies with the norms of the Labor Code of the Russian Federation.

The complaint about non-payment of wages must be considered by the prosecutor's office within a month from the moment of its registration. And if it does not require additional examination or verification, then within fifteen days, after which you must send a written response about the results of its consideration and the measures taken. At this stage, the prosecutor's office can oblige the employer to pay all the wage arrears within a certain period, and also demand that the guilty persons be brought to disciplinary responsibility.

But unscrupulous employees are also in the prosecutor's office. A person can wait for the answer of the prosecutor's office within a month, then expect the result and all payments due, and the employer in turn will give an answer at that moment. And now, the time has passed, there is no desired result, and the deadline for going to court has been missed. This adds additional costs and effort. Such a situation, in particular, can arise in the case when the employee does not agree with the amount of paid wages, when unreasonable, in his opinion, deductions were made.

Court: filing a statement of claim

Appeal to the court is, perhaps, the most effective measure of impact aimed at ensuring that an unscrupulous employer is responsible for non-payment of wages. But, as a rule, our citizens for some reason avoid this instance. Although everything is simple enough. It is necessary to write a statement of claim in accordance with the sample (which can be found on the Internet or taken by the district court). Non-payment of wages is a very serious violation of the law and, as a rule, the employer makes concessions in order to resolve the matter in the manner of a labor dispute, not allowing a criminal case to be initiated against him.

When applying to a court for the resolution of a labor dispute, the employee is released from court costs and payment of state duty. A statement of claim for non-payment of wages in full or in part is submitted to the district court. It is written in triplicate. It should detail the essence of the situation and its requirements. If copies of any documents you could not get, then indicate it in the application. In the future, the court, at its discretion, may require their provision from the employer. If the court accepts the application, it will be considered in civil proceedings within a period not exceeding two months from the date of its receipt.

Compensatory payments

The Labor Code of the Russian Federation, and in particular Art. 236 tells that the employer is responsible for non-payment of wages, its delay and the delay in other payments, including material ones. The amount of compensation depends on the current refinancing rate and is paid for each day of delay. In addition, the employee has the full right to compensation for non-pecuniary damage. As a rule, its amount is not very large, but it still has a place to be. Very useful extracts from the medical card, if there was an exacerbation of the disease, a nervous breakdown occurred, and so on.

Proceeding from the foregoing, we conclude that the delay in payment of wages to the employee gives the right to monetary compensation, and the caused spiritual or physical suffering (and this also happens) - to receive compensation for causing moral harm.

Involvement of an expert

Attraction of an expert is a legal right of any participant in civil proceedings. If an employee for some reason does not trust the accountants of the organization and their calculations, and he himself is incompetent in this matter, he can apply for a specialist, an independent expert. The cost of his services is determined by the court, and the approved amount is collected from the losing party.

Settlement agreement

Even the worst world, as the well-known proverb says, is 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 beingware of more serious consequences. It can be signed at any stage of consideration of a labor dispute, and in its essence it represents a transaction between the defendant and the plaintiff. It is approved by the court. Concluding the amicable agreement, it is important to remember that once it is signed, the court can not apply again with the same claim requirements.

What are the terms of applying to the court?

An employee whose rights have been violated can apply to the court with a statement of claim within three months. Time is counted from the day when he learned or should have learned that his rights were violated. If the dispute arises about the amount of the salary paid, the period will go from the moment when the employee received the pay sheet, signed the statement or the money was transferred to his bank account. If the employer has accrued, but has not paid the salary, then the time will go from the moment when the employee is fired or he resigns at his own request. It is important to remember that an appeal to the prosecutor's office with a complaint or to the State Labor Inspectorate does not stop the terms that are allowed to go to court, therefore in each case the scheme of actions is individual, but more often it is necessary to apply directly directly to the court in order not to miss precious time .

Grounds for the restoration of a missed period

The legislation of the Russian Federation does not establish a specific list of grounds for missing the terms of circulation, considered as respectful. They are individual, and are considered by the court in every concrete process. The grounds for restoring the missed deadlines, for example, may be the plaintiff's presence in the medical institution (if there is an extract), a helpless condition, or complicated family circumstances.

How to appeal against a court decision?

In the event that the plaintiff is not satisfied with the decision of the court in full or in part, he may appeal it through filing an appeal, and then cassation. The first type of complaint should be filed before the entry of the decision into legal force, to a higher court. An appellate complaint is submitted through the court in which the decision was taken. Decisions, as well as court rulings that have entered into force, can also be challenged, but already in cassation. When filing a complaint against a court decision taken in the first instance, a state fee is paid.

Appeal to the Investigation Committee of the Russian Federation

If the employer does not pay in full for two months or in part within three months, the Criminal Code regards this as a crime. Therefore, the employee can apply with his application for violation of labor rights to the department of the Investigative Committee of the Russian Federation at the location of the employer. Art. 145.1 of the Criminal Code establishes significant fines with the deprivation of the right to engage in certain activities or hold certain positions, as well as forced labor or real terms of imprisonment for delay in payment of wages.

Submitting an application to the Investigative Committee of the Russian Federation is an extreme measure in labor disputes over wages, but it gives a very good "preventive" effect. Non-payment of wages - a criminal liability or the threat of its occurrence for the employer.

Forewarned is forearmed

Keep in mind, if a citizen is not officially employed and receives a so-called black salary, then the RF LC and the Criminal Code of the Russian Federation are likely to be powerless. However, it happens that even with the familiarization and signing of an employment contract, many citizens allow inattention, frivolity, not realizing the full significance of this document. Every letter in it is important, every word, the salary should be spelled out in the contract, and not stipulated in words. The employment contract concluded in accordance with the legislation of the Russian Federation is a guarantee of observance of the employee's rights. And non-compliance by the employer with its provisions is an excuse for bringing to justice, including criminal liability.