What to do in case of non-payment of wages. What actions to take and where to complain about non-payment of salaries on time

20.10.2019

The enterprise, attracting hired personnel under an employment contract, must pay remuneration for the performance of labor functions within the time limits stipulated by regulatory local documents. If these dates are violated and employees do not receive their salaries on time, then appropriate measures may be taken against the business entity. Therefore, employees of the company must know what to do if they do not pay salaries.

It is normatively fixed that the payment of remuneration for work must be carried out by the employer at least twice a month. At the same time, he must definitely determine in his acts the exact dates of such payments. Companies may, if they are able to do so, pay remuneration more frequently than is required by law.

When an employment agreement is concluded with a new employee, he must be provided with local regulations for review, which fix the procedure for calculating and paying salaries.

In addition, legislators have introduced the deadlines by which wages must be paid. According to these norms, an advance on wages must be issued to employees working at the enterprise before the 30th day of the month. And the final part is payable before the 15th day of the month following the worker for which the transfer is made.

The same acts enshrined a rule that stipulates that there should not be more than 15 days between the days of payment of wages. The composition of the salary includes vacation pay, which has separate payment terms.

These amounts must be paid to employees three working days before they go on vacation, or within the same period from the date of submission of the application for vacation.

The employer produces benefits on the basis of the certificate of incapacity for work on the next day set for the transfer of wages.

When a termination occurs with an employee, the management of the company must pay wages on his last working day if the payment is made in cash, or the next day when using non-cash payments.

Attention! Upon dismissal, there may be conflict situations, including the amount of payments. Then the employer must transfer the undisputed part of the salary within the established time limits. The remaining part, after the approval of its size, must be paid to the dismissed employee within the time frame determined by a court decision or other document.

If these deadlines are violated, then there will be a delay in remuneration to employees from the salary.

Not paid or delayed

On the one hand, these two concepts are exactly the same. However, they should be distinguished.

It is believed that if there is a delay in wages, then the administration of the company can be held accountable after a certain period. The Labor Code of the Russian Federation defined this period as 15 days.

In any case, it is impossible to delay the salary of company employees, but the company will be liable only if the delay is more than 15 days.

That is, the employer will need to pay the debt and due compensation for each day of delay, and it will not be possible to apply administrative measures to him. Compensation is calculated based on 1/150 of the refinancing rate for each day of delay. If exceeded, the Code of Administrative Offenses enters into force with certain penalties.

It does not matter whether the company had good reasons for delaying wages or not. If the period of non-payment has exceeded the established period, then the management of the organization should be ready for the established penalties.

It must be remembered that the delay in wages is also the non-payment of wages in full, but only in part.

Important! If the company does not pay wages for 2 months, then this is already considered a serious misconduct. Responsibility for it is already established by the Criminal Code of the Russian Federation.

What to do if you don't get paid

The norms of law establish the right of an employee to apply to the relevant authorities for the restoration of his right in case of non-payment of wages.

The Labor Code of the Russian Federation also enshrines the right of an employee to suspend his labor activity if his employer does not pay the due remuneration for more than 15 days.

To do this, the employee simply needs to inform his management in writing about his decision. It is advisable to do this in the presence of witnesses using several copies of these letters, one of which must be signed by the employer's representative to confirm receipt of the form.

All the time when the employee was forced to not work due to non-payment of wages, the management is obliged to pay him the amounts of wages established by the norms. An employee must start work if the employer notifies him in writing of his intention to pay off the debt.

If the employer does not continue to pay salaries and the debt period is more than a month, then the employee of the company has the right to file a complaint with the prosecutor's office, the labor inspectorate, and the judiciary. This rule also applies to foreign citizens.

Attention! If the employer does not pay gray or black wages, then the employee must go to court, where, with the help of witnesses, he can confirm the violation of his right. At the same time, the employer will have additional questions on salary in envelopes.

What if they do not pay black wages

In the current situation, it is not uncommon for an employer to want to save on social contributions, and therefore pays its employees not the official salary. At the same time, such employees are in a deliberately disadvantageous position, since if it is not issued, they will not even be able to prove the right to receive Money.

If this still happened, then first of all it is necessary to contact the manager directly. After all, the employee can still apply to the regulatory authorities, and the latter initiate an audit that can reveal violations in the labor sphere. In addition, the Tax Service may also be interested in such information in connection with tax evasion.

In the event that it is planned to initiate a trial, care must be taken to collect the necessary amount of evidence. However, this is not easy to do, because, usually, apart from oral agreements, there is no documentary evidence.

Attention! In such a situation, first of all, it is necessary to focus on the testimony of witnesses who were aware of the agreements, and also try to fix the unofficial part of the salary on video or a voice recorder. Envelopes or other marked packaging in which the money was given to the employee can also serve as evidence.

If the court recognizes the evidence as material, it will record the fact of an employment relationship and force the employer to pay the amount due.

How to write a notice of suspension of work due to non-payment of wages

Learn how to apply for a suspension of work. There is no special form for this document. Its main goal is to convey to the management the information that, due to the delay in the payment of wages, labor activity will be suspended.

Drafting paper must begin with the top left sheet. There you need to indicate to whom the notification is sent - the position of the head, the name of the company and his full name. Further, a little lower, you need to indicate from whom this form is coming - the title of the position and the full name of the employee who compiled the document.

After that, the name is written in the middle - "Notification".

The text of the notification must indicate that due to a salary delay of more than 15 days, on the basis of Article 142 of the Labor Code of the Russian Federation, the employee reports the termination of his duties until the debt is repaid.

At the bottom of the form is the date of compilation and the personal signature of the employee.

Where to go if you don't get paid

There are several instances to which you can turn on the issue of non-payment of earnings.

Employer

First of all, you need to contact your management. Since the employee, according to the Labor Code, has the right to self-defense, he can suspend his work if the delay is more than 15 days.

However, this requires notification to writing. In addition, you can try to convey to the management that in case of non-repayment of the debt, an appeal to the regulatory authorities will follow.

Labour Inspectorate

The second step is to contact the labor inspectorate. This body is just vested with the right to monitor compliance with laws in the field of labor. During a personal visit to the inspection, it is necessary to write a free-form application in which to state the facts about the non-payment of earnings.

Based on the application, an audit will be carried out, which will impose a fine on the employer and indicate to pay off the debt. Unfortunately, they will not be able to “knock out” the money, so if the company does not make the payment, it will be necessary to go to court.

Prosecutor's office

The next place to complain is the prosecutor's office. This is a supervisory body that is authorized to conduct inspections in case of receipt of applications from citizens. When it is carried out, the employer may be held liable, and in some cases even a court case is opened against him. The application must be made in person at the prosecutor's office at the duty officer.

Court

All regulatory authorities impose sanctions on the employer, but cannot force him to repay the debt. You can get your money back based on the results of the trial.

In addition to the amount of debt and accrued compensation, compensation for moral damages (within reasonable limits) can also be demanded from the employer. They can help prepare documents for the court in the labor inspectorate, when contacting lawyers, or on their own.

Employee compensation for non-payment of wages

The law establishes that the employer is obliged to calculate and pay the employee monetary compensation for each day of delay in the payment of wages.

The amount of compensation is calculated on the basis of the total debt, the percentage and the number of days of delay.

To calculate the payment, it is necessary to use the actual debt of the employer to the employee - that is, the amount that the latter should have received in his hands, without personal income tax.

The percentage of compensation must be fixed in, or other internal documents. But according to the law, it cannot be less than 1/150 of the key rate of the Central Bank. If the percentage of compensation is not set in internal documents, then it should be calculated based on this indicator.

Regional authorities can set their own amount of compensation. But in order to do this, it is necessary to sign an agreement with local trade unions and employers who are not part of them.

It is regularly reviewed by the Central Bank, while it may remain in place or be changed. If this rate has changed during the period of delay, then compensation must be calculated separately for each such period.

Attention! The number of days of delay is calculated starting from the first day and ending with the day of repayment of the debt. Compensation is calculated for each day, including weekends and holidays.

Employer's responsibility

Under the law, several types of liability may be imposed on an employer who does not pay wages.

Material liability

The employer has such liability from the very first day of delay. It is expressed in the fact that the employee needs to calculate and pay monetary compensation for each day of non-payment of earnings. This step is an obligation, and must be carried out by the employer independently, without a “reminder” from the authorities.

If the labor inspectorate or the prosecutor's office conducted an inspection, recorded a delay in wages and imposed a fine, this does not relieve the employer of the obligation to pay all due compensation.

Administrative responsibility

This type of liability is imposed on the perpetrators on the basis of Art. 5.27. Code of Administrative Offenses.

It provides for the following penalties:

A fine to an official - 1-5 thousand rubles;
A fine for a legal entity - 30-50 thousand rubles, or suspension of activities for 90 days;
A fine for an entrepreneur is 1-5 thousand rubles, or suspension of activities for 90 days.

Attention! If within a year from the moment of detection of a violation, another similar one occurs, then a disqualification for a period of 1-3 years may be imposed on the head. For entrepreneurs and organizations, no increase in sanctions is provided - they will again pay the established amount of the fine.

Criminal liability

This type of liability can only be imposed on the head of the company. To impose a punishment, it must be proven that he acted in selfish motives, or he spent the funds for paying salaries for his own needs.

Criminal liability includes the following penalties:

Fine up to 500 thousand rubles;
Penalty in the amount of earnings for a period of up to 3 years;
Deprivation of the opportunity to hold a position or conduct activities for a period of up to 5 years;
Performing forced labor for a period of 3 years;
Imprisonment for up to 5 years.

Labor law obliges employers to pay salaries twice a month.

The dates of these payments must be reflected in the employment contract.

One of the payments is made in the middle of the month, and the second - at the end.

Unfortunately, statistics show that there is a considerable amount of arrears in the payment of wages in the Russian Federation.

The delay in payments is sometimes calculated in years, and not just days and months.

The question arises: where to turn if they do not pay wages, so that the money earned is returned to the employee's pocket?

Article navigation

Actions in case of delayed wage payments

It must be borne in mind that legal regulation in terms of labor, a rigid one is established. So, according to the articles of the Criminal Code of the Russian Federation, any work must be paid, otherwise the actions of the employer can be reclassified as a criminal offense - coercion to work for free. According to Art. 145.1 of the Criminal Code of the Russian Federation, partial or complete non-payment of wages is prohibited. This predetermines the fact that there are legal ways to solve this problem.

Under what circumstances do these problems occur?

Situations can be the most unpredictable. Usually, an employee, getting a job at an enterprise, does not assume that the payment of wages will be delayed. It is necessary to distinguish between the circumstances when the employer turned out to be a malicious fraudster, extremely dishonest, from those cases when the reasons for non-payment did not depend on him.

In the first case, the actions of an intruder or an unscrupulous employer fall under the articles of the code. In the second case, measures and sanctions are applied to him to repay the debt and compensate for harm.

However, it is possible to act in case of non-payment of funds in several ways, if not to say: to use all possible ways to resolve the situation at once.

You can take action to repay the debt in the following ways.

Appeal to the management of the enterprise

Firstly, it is necessary to apply directly to the management of the enterprise where the citizen was employed. Article 142 of the Labor Code of the Russian Federation (Labor Code) provides for the responsibility of the employer in case of delay in remuneration of employees.

This is material compensation (under Article 236 of the Labor Code of the Russian Federation) and self-defense of the employee in the form of suspension of the performance of duties until the promise of payment. It is allowed not to go to work if the salary is delayed more than 15 days above the deadline.

A written notice to the management of the enterprise, the employer is required. Absence from work is prohibited for civil servants, the military and some other categories of workers, for example, providing life support, as well as during emergencies.

When submitting an application for absenteeism due to the fact that labor is not paid, you need to prepare two copies of the document. A stamp on acceptance on one of them will indicate that the notification has been submitted.

The employee keeps this copy as proof that the appeal is correctly registered. A copy of the application with a stamp on admission to get rid of the wording: "truancy" and "dismissal for absenteeism." Is it possible to send ordered letter with notice. Then you will have to wait for the employer to familiarize yourself with the application and only after that stop your work.

As soon as the employer notifies the employee of the readiness to pay wages, he is obliged to come to work no later than next day.

Contacting the labor inspectorate

Submitting an application to the Labor Inspectorate is the most adequate way, since this body was created to resolve issues on labor legislation, designed to monitor strict compliance with laws. This institution is endowed with influence and has the means to influence the perpetrators of salary delays, which can be fined, deprived of further opportunities in positions.

Supervision will be initiated upon a written request, on the basis of which an inspection is usually carried out to identify violations. Employer subject to sanctions after discovery of illegal non-payment wages.

Employees of the inspection will also assist in applying to the court, help to draw up an application and attach documents to it. It is best to make an application to the inspection in two copies, leaving yourself a copy of the text with a stamp on admission.

The prosecutor's office is the competent authority for non-payment of wages

The Constitution of the Russian Federation states: the prosecutor's office is a supervisory body with the authority to conduct inspections on appeals. Depending on the circumstances, the types of liability are applied to the perpetrator of non-payment of wages.

Unscrupulous members of the enterprise-employer will be subject to sanctions. Therefore, a real opportunity to return the funds and punish the perpetrators is by contacting the prosecutor's office. Although such an instance is only a means for the future return of money.

In legal practice, the prosecutor's office almost does not deal with the monetary side of the issue, specializing more in establishing the fact of an offense.

To apply to the prosecutor's office, you need to come to this body, find out the name and number of the office of the prosecutor on duty. Then come to this appointment and tell about the salary delay that happened, state the essence of the matter.

Then an application is written - an appeal to the prosecutor's office, the form of writing of which will be indicated by an employee of the prosecutor's office. In the absence of time to visit the prosecutor's office in person, you can write a statement yourself and send it by mail.

The application is made in any form.

The heading indicates the body for the appeal (the district prosecutor's office of a particular city), the last name, first name, patronymic of the applicant and his address.

At the end, having stated the essence of the issue, you need to put the date of circulation and signature.

This or that answer given by the prosecutor's office after the check may be the basis for going to court with further proceedings.

It is quite possible to file a lawsuit to delay the payment of earned money simultaneously with the prosecutor's office.

Judicial decision

Filing an application to the court is a common step in the return of earned but not paid money. The prosecutor's office should deal with the punishment of the guilty, which will see the corpus delicti under the Criminal Code of the Russian Federation or a violation of the Code of Administrative Offenses, and will assess what is happening.

And the usual compensation for lost income and moral damage must be carried out by the judicial authority. First you need to draw up a statement of claim demanding the return of the debt, accrue penalties for using the employee's funds during the delay period.

The interest rate is in line with the CBR refinancing rate, a variable currently equal to 11% of annual income. This amount is accrued from the next day after the official date on which they were required to pay wages.

Also sued for:

premium, if it is mandatory at the given enterprise
compensation for unused vacation
amount of compensation for non-pecuniary damage
costs of applying to legal advice and other legal costs
lost income if the issuance of a work book is delayed
compensation for wrongful dismissal
if incorrect entries are made in the work book

It must be said that the state fee for filing applications with the court on the topic labor disputes employees are not charged. If the payment of funds at the time the case was accepted for trial was made, the claim can be abandoned.

Territorially, the judicial body should be chosen according to the location of the enterprise - the employer. In the premises of the court there are samples for filing applications and a list of attached documents. Usually this:

certificate of the amount of debt provided by the accounting department
employment document, copy
copy of the last record of the work book
recent settlement documents
a copy of the complaint to the labor inspectorate, if available

After receiving a court decision in his favor, the employee contacts the bailiff service (in person to quickly resolve the issue). After writing an application to the service, you need to wait for the notification, and then the transfer of the amounts to your account.

How to act in case of mass non-payment

In case of non-payment of debts to several employees of the enterprise, a class action lawsuit or an appeal to the prosecutor's office is drawn up. Of course, this does not exclude the filing of applications by each individual employee.

Mass absenteeism is also practiced with a prior notice to the employer by everyone who has stopped going to the workplace. Collective statements usually help expedite the verification process.

How to contact, where to call

Where do you go if you don't get paid on time? The labor inspectorate and the prosecutor's office are contacted at a personal appointment and by submitting an application. For consideration in court, it is necessary to draw up and file a claim, attaching the necessary documents.

Prior to the filing of an application for non-payment of wages, it may be appropriate to make a telephone call to the labor inspectorate or the prosecutor's office. According to the Federal Law “On the Procedure for Considering Appeals from Citizens of the Russian Federation”, any form of appeal can be. The authority will have to respond.

But the phone call does not provide grounds for verification in an official way. For such actions on the part of the inspectorate or the prosecutor's office, a written application is required.

In the order of a phone call, you can arrange a personal appointment, get some guidance on how to proceed. Representatives of state bodies take measures to resolve the situation only if there are appeals in writing.

How long can wages be delayed?

Depending on the circumstances under which the wages of employees are not paid, the situation of a deliberate refusal to issue money or an unintentional one differs. When counting the delay periods, one should be guided by Article 136 of the Labor Code of the Russian Federation, according to which wages are paid regularly, twice a month.

Organization - the employer sets specific dates for payment. Employers can be held accountable even if they are delayed by a day, since missing the deadline is unacceptable and gives grounds for taking action.

On the other hand, a significant delay is usually claimed, and one or two days is considered a minor violation, which is not worth wasting time on. With a delay of more than two months, criminal liability arises.

What is the responsibility of the employer who made the delay

In the absence of corpus delicti under the Criminal Code of the Russian Federation, salary delays are subject to liability in accordance with the Code of Administrative Offenses (Code of Administrative Offenses), Article 5.27. A fine of up to 5,000 rubles is imposed on an official, an entrepreneur, and up to 50,000 on a legal entity. If the violation is repeated, the perpetrator is subject to disqualification for up to three years.

In case of a two-month delay in the payment of earned funds, the Criminal Code of the Russian Federation, Article 145.1, is applied, according to which the fine increases to the amount of 100 to 500 thousand rubles. Or, income in the amount of a salary for 3 years is collected. A term of imprisonment of up to 3 years is also assigned.

For the same period, the guilty person is relieved of his position, he is prohibited from doing business. The penalty depends on the part of this article (1 or 2) applicable to the act. The circumstances of the violation of rights are taken into account.

Reasons for non-payment of wages may be valid. This may be a combination of circumstances beyond the control of the employer. Then, in case of delay, he is obliged to pay penalties (compensation) at the refinancing rate.

But in this case, he is threatened with administrative responsibility. In particular, the payment of compensation is obligatory, it cannot be avoided. When recovering a debt and compensation, all types of liability can be removed from the culprit.

Non-payment of wages in case of dismissal of an employee

Where do you go if you don't get paid after being fired? How to recover unpaid money? You should use the same (above) methods of contacting the indicated authorities.

But if the employment relationship is terminated, it is impossible to use absenteeism by the method of influencing the employer. What remains is the labor inspectorate, the prosecutor's office or the court.

In the event that an employee has already been fired, but collects wage arrears through the courts, one must keep in mind the concept of limitation period. On this, a lawsuit in court should not drag out time. Article 392 of the Labor Code of the Russian Federation states that the limitation period is only three months and is calculated from the moment of dismissal.

On the day of dismissal, the company had to pay the employee in full. The statute of limitations may be restored if there are good reasons by submitting an application containing a request to restore the missed period.

Valid reasons are circumstances beyond the control of the employee or preventing him from going to court on time. For example, this is an illness, the need to care for loved ones, a business trip or a natural disaster.

So you should not expect payments from the former employer after dismissal. You need to hurry with going to court, if there are no good reasons for a delay.

Problems of delayed salary payments for foreign citizens in the Russian Federation

If citizens come to work from abroad, they must be properly employed. An employment contract is drawn up in the same way as for citizens of Russia. It must specify the terms in which the salary is paid.

In this case, a foreign worker has the same right as everyone else to apply to the labor inspectorate. In the absence of a contract, the employee is illegal and an application to the inspection will not give a result.

An audit will be carried out and some violations will be found, as a result of which sanctions will be applied to the employer. But they can't force a refund.

So, in the event of a situation of refusal to pay wages to an employee, management should use one of the above methods. Statistics show an increase in the total number of wage arrears in the country.

Therefore, the employee must learn to defend his right to pay in such situations. If the employer cannot or refuses to pay wages, he is held liable.

At the same time, the employee protects his rights by applying to one or more of these authorities. The labor inspectorate is usually a sufficient authority for the return of funds. But if the payment still did not happen, then the court will give a guarantee.

You can find out what to do in case of non-payment of wages from the video:

Ask your question in the form below

Where to go if you don't get paid

The problem of late payroll payments is not seen in the standard reporting that companies submit to various auditing authorities. The balance sheet shows the maximum wage arrears at the beginning and end of the year, but such a debt may well fit into the current legislation, since it may be accrued but not yet paid wages for December. In reporting on pension contributions and personal income tax, the amounts of budget deductions and, in some cases, the very fact of transferring payments are shown, but again, this may not always indicate payment or, conversely, a delay in paying salaries to employees. Thus, if the company does not conduct a special audit (as a rule, we are talking about field check all aspects of record keeping), controllers will simply not be aware of the violations labor law. Thus, the employee must himself know what to do if they do not pay wages. In such a situation, he has three possible options.

First of all, an employee who is faced with non-payment of wages can apply to the labor inspectorate. Such an appeal is made in the form of a written complaint with a request to restore the violated rights. The document is drawn up in free form, it indicates the full name of the applicant, passport data and address of registration, as well as the data of his employer - name, legal address, and other information known to the employee. Such a complaint may lead to the initiation of an audit of the employing company. At a minimum, the labor inspectorate will issue an order to eliminate violations of labor laws.

The second instance, which will help to defend the rights of the employee, is the prosecutor's office. A complaint to the prosecutor's office that employees are not paid salaries can be considered by the prosecutor and later taken to court. In some cases, this threatens the employer even with criminal liability.

Finally, the employee has the right to apply directly to the court with a claim for the recovery of wage arrears. Such solutions are resorted to, as a rule, if we are talking about delays of several months, when a fairly decent amount of debt has accumulated.

Wage Delay Compensation

Even one day of delay in the payment of wages to an employee means that the employer must pay compensation. It is calculated as one hundred and fiftieth of the key rate in force during the period of delay on the amount of debt for each day of delay in payment. Thus, if we are talking, for example, about a delay in settlements with an employee in the amount of 20,000 rubles for a period of 14 days (in April 2017), then the amount of compensation will be:

20,000 x 1/150 x 9.75% x 14 = 182 rubles.

The formula by which the compensation is calculated is given in Article 236 of the Labor Code. It also states that the compensation payment cannot be less than the amount calculated in this way. This means that the employer, for example, in the collective agreement, may provide for a different settlement procedure, and in case of delay will be obliged to comply with it.

Responsibility of an employer who does not pay wages

Measures that are aimed at observing the rights of the employee discussed in this article are very strict. First of all, this is administrative responsibility in accordance with part 6 of article 5.27 of the Code of Administrative Offenses. According to its provisions, full or partial non-payment of wages within the prescribed period involves the imposition of a fine on the organization from 30,000 to 50,000 rubles, on an official - the head of the organization from 10,000 to 20,000 rubles, or from 1,000 to 5,000 - in relation to the entrepreneur.

In addition, if the employer does not pay wages, then criminal liability may be provided for such a violation - article 145.1 of the Criminal Code.

So, if the head of the company delays his salary only partially for a period of 3 months, and his personal interest in these actions is proved, then this can cost him a fine of up to 120,000 rubles or an amount corresponding to his personal income for a period of up to one year. He may also be deprived of the right to hold certain positions or engage in certain activities for up to one year. More serious measures include forced labor for up to two years or imprisonment for up to one year. The choice of a particular punishment is at the discretion of the court.

If the company did not pay wages in full for 2 months, or during the same period paid wages below the minimum wage, which again was a selfish decision of its leader, then the fine will already be from 100,000 to 500,000 rubles or the amount of income of the guilty person for three years. The alternative may be forced labor or imprisonment for up to three years.

If the described mercenary acts had serious consequences determined by the court, then the term of possible imprisonment is increased to five years. Additionally, the head of a non-paying company may be deprived of the right to hold a certain position or engage in certain activities for up to five years.

It is worth noting that the sanctions for business provided for violation of labor legislation in terms of wage payments are among the most stringent in Russian legislation, so employers are unlikely to be pleased with the prospect of facing their application in practice. Therefore, an employee whose salary is delayed can be advised to first notify the negligent superiors of plans to report the delay in payments to any authority. Perhaps this will solve the problem.

In addition, an employee whose wages are delayed for more than 15 days has the right to refuse to continue working until the debt is paid off. The employer must be notified in writing in free form of his intention not to appear at the workplace. He will be obliged to start working again as soon as he receives a written notification from the employer about his readiness to pay off wage arrears. Workplace during this period of absence for the employee must be maintained.

Where to go and what to do if the employer does not pay wages?

Where do you go if you don't get paid? This issue, despite the rather strict legal regulation in the labor sphere, still does not lose its relevance.

In this case, there are several options for the development of events (by the way, nothing prevents you from using all of them at the same time):

1. If you do not know where to turn if they do not pay salaries, then keep in mind that your leadership should be the first instance. Under the current legislation (Article 142 of the Labor Code of the Russian Federation), an employee is vested with the right to self-defense, which can be expressed in the form of absence from work in the event of a delay in payment of wages for a period of more than 15 days. But it must be said that in this case the employee is obliged to notify the employer in writing of his intention. At the same time, the provisions of the law establish the obligation of the employee to come to work no later than the next day after receiving a notice from the employer about the readiness to pay the debt on the day he resumes work. In addition, this article of the Labor Code provides for a number of restrictions for employees of certain specialties who do not have the right to suspend work:

4. If they do not pay wages - where else to turn? The judgment remains. In this case, it is not about punishing the culprit, but about returning honestly earned money. The competent authorities (listed above) will deal with the application of sanctions against the employer, and you need to take care to return your money. At the same time, in a statement of claim, you can demand not only the return of the amount of debt, but also the calculation of compensation in the amount of 1/150 of the key rate of the Central Bank of the Russian Federation (currently it is 8.50% per annum) for each day of delay. It should be noted that the accrued compensation should be counted from the day following the one when you were supposed to be paid wages. That is, if it should be issued on the 15th, then compensation will be accrued from the 16th.

Based on the foregoing, everyone can use one or more of the proposed options (see also: Where to complain about the employer, and how to complain correctly?). One thing is for sure: if the employer does not pay wages, he can and should be held accountable and protect his rights. To this end, the legislator has provided several effective mechanisms of legal protection.

How to apply to the prosecutor's office for an employer?

According to the Constitution of the Russian Federation, the prosecutor's office is supervisory authority, authorized, among other things, to conduct prosecutorial checks on received applications from citizens (see: How to file a complaint with the prosecutor's office (sample)?). Due to the fact that the current legislation provides for several types of liability, the prosecutor has the right to conduct an audit in order to apply the required sanctions against an unscrupulous employer.

If the employer does not pay wages, then when contacting the prosecutor's office, the algorithm of actions will be as follows:

Come to the prosecutor's office.
At the entrance, find out the name and number of the office of the officer on duty (the prosecutor or one of his assistants or deputies).
State the essence of the problem to the duty officer.
Write a statement to him.

If you do not have time for personal visits, you can freely write an application yourself and send it by mail.

Who and where to call if wages are delayed?

So, let's figure out where you can call when wages are delayed. In accordance with the law “On the Procedure for Considering Citizens’ Appeals Russian Federation” dated 02.05.2006 No. 59-FZ, citizens have the right to apply to any state body in any form and receive a response to their appeal.

The law does not provide for a mandatory form of such an appeal. Therefore, if wages are delayed, you can also apply by calling the above bodies - the prosecutor's office or the labor inspectorate.

But it should be noted here that all official checks are carried out only if there is a reason, which must be in writing. This means that you can get advice on possible further actions and arrange a meeting with representatives of the state body by phone, but if you want to take real action from these bodies to resolve the situation, you still have to apply in writing.

How much can they not pay wages and is it permissible?

In general, if they do not pay wages, we suggested what to do. However, life is unpredictable, and the situation may be such that the delay occurs for reasons beyond the control of the employer. In this case, a reasonable question arises: how much can they delay wages?

According to Art. 136 of the Labor Code of the Russian Federation, wages must be paid at least 2 times a month - on days that are established by the rules of the internal work schedule one organization or another. In this regard, violation of the specified terms even for 1 day is unacceptable and may be the basis for bringing the employer to responsibility.

Of course, it is unlikely that anyone will knock on the thresholds of authorities if the money was delayed for a day, but from a theoretical point of view, this is possible. Thus, we emphasize once again: it is impossible to delay wages, regardless of the timing. Otherwise, there is a reason to hold the employer liable.

Responsibility of employers who do not pay wages (including after dismissal)

In case of delay in wages or in case of violation of other labor rights of employees, the employer is responsible for this in accordance with Art. 5.27 of the Code of Administrative Offenses:

on officials and individual entrepreneurs a fine from 10,000 to 20,000 and from 1,000 to 5,000 rubles is imposed, respectively;
for legal entities, the fine ranges from 30,000 to 50,000 rubles;
if a violation of this kind is repeated, the fines increase: from 20,000 to 30,000 rubles for officials, from 10,000 to 30,000 for individual entrepreneurs and from 50,000 to 100,000 rubles for organizations.

In case of complete non-payment of wages for 2 or more months, sanctions are applied in accordance with criminal law. Art. 145.1 of the Criminal Code of the Russian Federation provides for punishment:

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 convicted person for a 3-year period; or
imprisonment for up to 3 years plus deprivation of the guilty person of the right to carry out certain activities or the opportunity to hold certain positions for a similar period (or without it). It all depends on the specific circumstances of the case and the classification of the act under paragraph 2 or 3 of this article.

Now about good reasons for salary delays. If the employer did not pay wages on time, but this delay occurred due to circumstances beyond the control of the employer, he, in accordance with applicable law, is obliged to pay compensation to employees, which is calculated at the key rate of the Central Bank of the Russian Federation (see. : What is the compensation for delayed wages?). He may also be held administratively liable.

In this matter, the legislator is strict: he did not provide for the possibility of avoiding the payment of compensation even in the event of force majeure. But administrative and criminal liability can be avoided (as court practice shows).

Despite the fact that legislators often update legal acts, the state has created special institutions for the protection of labor of workers who must inspect enterprises, all the same to their employees. Even a variety of ways to transfer salaries to employees does not save the situation. The excuses of the company's management can be anything, but this is a violation. Only here, few people know from ordinary subordinates that wages are one of the primary cost items for the enterprise.

What is commonly referred to as wage arrears?

It is ignorance of their rights that often makes employees of an enterprise, institution or organization simply endure long salary delays and do nothing on their part. However, every employee, if he is already thinking about what to do when the employer does not pay wages, should know that he has all the rights to apply to the right authorities. It is only necessary to correctly understand when the delay in payments will be recognized by law as a violation, and when not.

So, based on Article 142 Russian Code on labor, the permissible period when the management of an enterprise can delay the payment of wages to its subordinates is a period of time not exceeding 15 days. Now almost all official relations regulated by labor legislation must be formalized by concluding an employment contract. This should always be done, so all business leaders know this. In the clause of the obligations of the employer of such an agreement, the date when he must pay an advance to the employee, as well as his wages, is always prescribed.

But even if there is no such contract (agreement), then a contract can be concluded, an order, an order can be issued. Therefore, in the presence of any of these documents, the employee already has the right to feel confident when he does not know where to turn if they do not pay wages. Because with unofficial employment, it makes no sense to contact the Labor Inspectorate. You can only complain about the employer in tax office and disclose the fact that the latter is holding illegal workers. But then there is a big risk of completely losing your job.

What action should the employee take?

When already 15 days have passed from the date on which, according to the employment agreement, you were supposed to be paid for your work, you can already notify your employer in writing of a violation of the terms of the employment contract. You will have full right suspend your work because one of the parties (your employer) has violated its obligations. Moreover, you can do this without any loss of a job.

In general, there are several main ways that an employee has the right to take in case he is not paid wages:

Personally contact the employer and peacefully try to negotiate with him about the changed conditions. Find out about the reasons for non-payment and ways to solve the problem by management.
If the enterprise has a specially created commission for disputes between the workforce and management, you can file complaints there.
If it is not possible to agree with the manager on the next payments, then you should warn him in writing that you will suspend your work due to non-payment of earnings.
Stop work before the deadline, until the salary is paid.
In the event that they do not pay wages even when employees stop working, it makes sense for subordinates to contact a state inspection institution that guards the protection of workers.

Note! Not all employees can stop working. Those who are prohibited by law from doing so cannot stop working if they are not paid their wages. It could be some medical worker, serving in law enforcement agencies, workers at hazardous facilities (for example, nuclear power plants) and other workers.

A subordinate can notify about the upcoming suspension of his labor process only after the expiration of a crescent. This should be done by filing an application addressed to the director of the company where the employee is employed. Such a primary document simply indicates the reason and intention not to work until the wages due are paid out. But it is better not to temporarily leave the workplace until you are sure that your application has been accepted through the office, the incoming number is affixed to it and you have been given a copy of it.

When a citizen suspends his official activity, he may have the right to the following types of social protection:

He has the right to be absent from his workplace.
No one has the right to fire him forcibly.
May take part in strikes that do not violate the law.
For the entire period of suspended work, the average salary is retained for the subordinate.
He may not work until he is fully paid for the delayed amounts.

How to protect yourself

Protection organized by article 234 of the Labor Code of the Russian Federation. The right of an employee to refuse to perform his labor duties will be a kind of self-defense and a fair reaction to violations by management. All these provisions are disclosed in the legal regulation of the federal level No. 434-FZ of December 30, 2015. These provisions amend Art. 142 Labor Code Russian Federation and protect the rights of workers. After the employee receives a notification from his management that they are ready to pay for everything, he can continue to take up his labor duties if the employer agrees to continue to cooperate with him.

Important! When the day for the payment of remuneration to an employee falls on a calendar day off or a holiday, the employer is obliged to calculate wages on the eve of this time. He is obliged to pay vacation pay no later than 3 days before the first vacation day comes.

Where to go if you don't get paid

If the worker does not know where to turn, if they have not been paid for half a month, then you can inquire about this at any law firm or ask a question online on the website of any legal adviser. Now many of these official portals have the opportunity to provide such advice for free through consultants directly on the Internet page. In total, there are several ways where you can apply if you have not been paid a salary for more than 15 days, even after personal communication with the management:

Submission of an application to the commission on labor disputes, created directly at the enterprise.
You can complain to the State Labor Inspectorate.
Filing a claim against the employer to the prosecutor's office at the place of residence and employment.
Filing a lawsuit in a court of law - in the district court.

Important! When you submit an application to the commission created by the trade union of the enterprise, it must be considered within 10 days, but no longer than that. After decision and issued by the commission, the employer is given a period of three days when he is obliged to pay the entire debt to the employee (employees). If, nevertheless, the management is indifferent to such an order, then the commission will only have to make a certificate and issue it to the applicant. With such a paper, it will be easier for the employee to go to court, because he will be able to attach it to the claim.

The state structure of the administrative apparatus at the federal level contains such a body as the Labor Inspectorate (it is also called the State Labor Inspectorate). This body is designed to regulate all kinds of issues and conflicts that arise between the employer and employees. Therefore, as soon as a subordinate does not know what to do, if he is not paid for more than a month or more than two weeks, he can immediately complain to the Inspectorate. This instance has the full right by law to fine enterprises and suspend their activities for not fulfilling the terms of labor agreements with workers.

The following important points should be reflected in the application that you will submit to the labor inspectorate:

the full name of the organization and the address where the paper is submitted;
details of the company (its codes, address, contact details), where the employee works, who is not paid a salary;
personal information of the applicant - employee;
a statement of the essence, indicating all the terms, when and how much they had to pay.

Labour Inspectorate is obliged to consider such an application no longer than 30 days. After the decision is made, the applicant employee receives a notification by mail stating that a decision has been made in his favor to recover the amount of salary from the employer.

Additional information: It is very important that such statements are always accompanied by documents from the accounting department that could support the employee's complaint. At this stage, employers usually try to promptly pay the entire amount that they owe the employee.

What threatens the employer for delaying the salary of the employee

Violation of labor legislation by employers in relation to the payment of remuneration to their subordinates is punishable by law with a large fine, arrest (termination of permission) of licenses and suspension of economic activity until a certain period.

The penalties that are prescribed in such cases are as follows:

1000-5000 rub. for officials;
1000-5000 rub. for individual entrepreneurs (IP);
30,000-50,000 rubles for legal entity(companies, enterprises, organizations, institutions, firms and other institutions of various legal forms of ownership).

In addition, compensation in the amount of 1/300 of the refinancing rate, which is taken from the entire accumulated unpaid amount of money, can be assigned. Therefore, as soon as you are puzzled by the question of where to complain, if you have not been paid your salary for a long time and you, for your part, have repeatedly applied for this to the company's management, do not wait any longer, file a complaint or claim with the Labor Inspectorate or the district court. It should be noted that all cases considered by the prosecutor's office are resolved for a very long time. In fact, it is faster to act through the Labor Inspectorate.