Hello friends! Today's article will be devoted to the delay in wages and the possible actions of the employee in the event of such circumstances. Several times in my legal practice, similar cases arose, and we began to deal with the client by contacting the employer.

The next step was an application to the labor inspectorate and the prosecutor's office. In order to receive full compensation, it was necessary to file a claim with the judicial authority.

Today, I would like to talk about what an employee should do when it comes to non-payment of earnings. How long payments under the Labor Code of the Russian Federation can be delayed, and where a complaint is filed if the period is very long.

According to the labor code in 2019, salary delays are not provided for and are a serious violation on the part of the employer. There is a certain regulation according to which earnings must be paid twice a month.

Specific days for the issuance of earnings are established by internal acts of the company. In the middle of the month, an advance is paid, and at the end of the rest of the funds.

An exception is the circumstances when the hired employee was hired under the GPC agreement. Here you can set any terms for the issuance of earned funds by agreement between the participants in labor relations.

Despite a strict ban that prevents employers from delaying the payment of wages, there is a short period of time that will allow you to resolve the issue with the employer without much consequences.

Within 15 days, the payment must be made, otherwise, the employee will have the right not to go to his workplace. Also, a person will be able to file a complaint with the relevant departments.

What should employees do in case of salary delay?

It is important to decide what to do when the salary is not issued for a long time. In addition to the right to stop working after 15 days of delay, citizens have the opportunity to file a complaint with the relevant organizations. However, it is necessary to start with an appeal to the employer.

To do this, you will need to act in accordance with the procedure indicated in the Labor Code of the Russian Federation:

1. Draw up a notice addressed to the employer that, due to a delay of 15 days, the employee will no longer go to work.
2. The document is drawn up in any form in two copies.
3. One form is handed over to the employer, and the other is marked with acceptance and returned to the employee.

This procedure is very simple and does not take much time, but it is necessary to complete all the steps, because otherwise, the employee will be given absenteeism, and the days will not be paid.

It is also important to note the fact that such a document can later become evidence of a violation on the part of the employer, when the employee applies to the court.

You can go to the workplace only after receiving a written notification from the management that the company is preparing to pay off wage arrears. More information on the topic can be found in the video:

Other options for solving the problem for workers

Even one day of missing the payment of wages is considered a delay, but it also happens that the management is not guilty of this, and payments are made within a week. Usually, to resolve the problem, it is enough to contact the management and talk about this issue.

If the delay exceeds two months, then the employee can apply to the supervisory authorities responsible for compliance with labor standards. These organizations include:

• Labour Inspectorate;
• prosecutor's office;
• Judicial authority.

The application is drawn up in a standard form and in it, the employee explains the grounds for his appeal. Some additional papers can be attached to the document, which can confirm the words of the applicant.

Usually, the appeal takes place in court, because, at the same time, citizens file a claim for the collection of interest for the delay and moral compensation. If the delay is more than three months, then the company's management may be held criminally liable.

Features and nuances of filing such complaints

There are some points that need to be considered when contacting any of these departments. Applications must be submitted in writing and registered in the prescribed manner. An important point is that it is necessary to apply at the place of registration of the affected person.

Usually, collective complaints are dealt with much faster and more thoroughly than individual complaints. Experts advise employees who have not received their salary to take care of the evidence base in advance.

The more carefully the application is drawn up, the higher the likelihood of a decision on it in favor of the applicant. Various official documents and testimonies are suitable as evidence.

Additionally, it should be said that not all employees can refuse to perform their duties after fifteen days. Employees of public service enterprises, rescuers, workers of water, electricity, gas supply systems cannot stop their work and they should immediately go to court.

Instead of totals

Concluding the conversation, it can be noted that non-payment of earnings to employees is a serious violation that requires mandatory intervention by regulatory organizations. If the employee wants to receive his money and additional compensation, then he should apply to the judicial authority.

The delay in wages is not permissible, the Labor Code of the Russian Federation protects the interests of employees in this case and allows them to perform certain actions aimed at obtaining earned funds from the employer.

Despite the liability that an employer may incur in connection with a delay in wages, such cases happen quite often. Each employee must know what to do, where to turn and to whom to complain if the employer delays wages and does not comply with the payment deadlines Money to your staff.

Article 142 of the Labor Code of the Russian Federation determines what responsibility the employer bears in case of delay and late payment of wages, it is on this article that employees need to rely, defending their rights in this matter.

The terms of payment of wages are approved at each enterprise by a regulatory internal local act. Employees must know the dates for the advance payment and the balance of wages, if money is not paid on the indicated days, then certain actions can be taken and complaints can be started.

What to do if the salary delay is more than 15 days?

15 calendar days- this is the boundary value, at the intersection of which the employee can not go to work with impunity. In other words, if the employer delays the payment of wages for more than 15 days, then the employee may not go to his workplace the next day.

So that the employer does not perceive this as a violation of labor discipline and does not issue it as absenteeism, you should notify the management with a statement. The application states the intention not to go to work due to a salary delay for more than 15 days, while Article 142 of the Labor Code of the Russian Federation should be cited as justification.

The application must be registered in the journal in order to be sure that the document is accepted and reaches its destination, and is not lost accidentally or intentionally. It is best to issue two copies of the application. The employee should take one with the mark of the receiving person, this will be proof that the employee submitted an application with a notification of the desire to stop working, and it was accepted.

As soon as the employee receives written notice of the timing of the payment of delayed wages, or as soon as the employee receives his money, he will have to go to his workplace and continue to perform his labor functions.

Before you stop your work due to a delay in wages for more than 14 days, you should make sure that the current situation does not correspond to those cases in which the termination of work is prohibited by the Labor Code of the Russian Federation.

When not to stop working:

• if the situation is emergency, spontaneous, martial law has been introduced;
• if the employees are civil servants;
• if employees are engaged in work that ensures the normal life of the masses - ambulance, communications, water supply, heating, power supply, military, emergency services, law enforcement agencies, rescue services;
• working in especially hazardous industries.

Where can an employee complain?

In addition to the fact that an employee can suspend his work if his salary is delayed for more than 15 days, he can also complain to certain authorities.

Where can I complain about delayed wages?

• to the labor inspectorate;
• to the prosecutor's office;
• to court.

You need to complain in the exact order that is indicated.

Federal Labor Inspectorate

That is, the first thing to do is to write an application to the labor inspectorate, this can be done starting from the first day of wage delays. To do this, an application is written by the employee, which sets out which employer is delaying the payment of wages, how long the delay is and the amount of debt for the employer.

Based on the received application, the labor inspectorate must conduct its own investigation to identify the fact of violation of the employee's rights.

If this is indeed confirmed and proven, then the employer will be punished, which can be expressed in the form of a fine, the amount of which is from 50 to 90 thousand rubles, it is also possible to suspend the organization's activities for up to 90 days.

The term for applying to the labor inspectorate is limited to 3 months, that is, the application must be written no later than three months from the first day of salary delay. If this deadline is missed, then you no longer need to complain to the labor inspectorate, but to the court.

Prosecutor's office

An employee can complain to the prosecutor's office about the delay in wages after 2 months from the first day of the delay. You should also write a statement with detailed information about the violation.

When establishing the guilt of the employer, criminal liability can already be applied in accordance with Article 145.1 of the Criminal Code of the Russian Federation.

Court

An employee usually complains to the judicial authorities already when the two previous methods do not work. At the same time, usually the employee no longer wants to continue working for this employer, most likely, he was already even fired at the time of filing the application with the court. At the same time, the employee has one desire, to return his earned funds.

PART THREE

• Section III. LABOR CONTRACT
  • Chapter 10. GENERAL PROVISIONS
  • Chapter 11. CONCLUSION OF AN EMPLOYMENT CONTRACT
  • Chapter 12. AMENDMENT OF AN EMPLOYMENT CONTRACT
  • Chapter 13. TERMINATION OF AN EMPLOYMENT CONTRACT
  • Chapter 14. PROTECTION OF THE PERSONAL DATA OF THE EMPLOYEE
• Section IV. WORKING TIME
  • Chapter 15. GENERAL PROVISIONS
  • Chapter 16. WORKING HOURS
• Section V. REST TIME
  • Chapter 17. GENERAL PROVISIONS
  • Chapter 18 WEEKENDS AND NON-WORKING HOLIDAYS
  • Chapter 19
• Section VI. PAYMENT AND REGULATION OF LABOR
  • Chapter 20. GENERAL PROVISIONS
  • Chapter 21. WAGES
  • Chapter 22
• Section VII. WARRANTY AND COMPENSATION
  • Chapter 23. GENERAL PROVISIONS
  • Chapter 24
  • Chapter 25
  • Chapter 27
  • Chapter 28. OTHER GUARANTEES AND COMPENSATIONS
• Section VIII. WORK REGULATION. WORK DISCIPLINE
  • Chapter 29. GENERAL PROVISIONS
  • Chapter 30. DISCIPLINE OF LABOR
• SECTION IX. EMPLOYEE QUALIFICATION, PROFESSIONAL STANDARD, TRAINING AND ADDITIONAL PROFESSIONAL EDUCATION OF EMPLOYEES (as amended by Federal Law No. 122-FZ of May 2, 2015)
  • Chapter 31. GENERAL PROVISIONS
  • Chapter 32
• Section X. LABOR SAFETY
  • Chapter 33. GENERAL PROVISIONS
  • Chapter 34. LABOR PROTECTION REQUIREMENTS
  • Chapter 35. ORGANIZATION OF LABOR PROTECTION
  • Chapter 36
• Section XI. MATERIAL RESPONSIBILITY OF THE PARTIES TO THE EMPLOYMENT CONTRACT
  • Chapter 37. GENERAL PROVISIONS
  • Chapter 38
  • Chapter 39

PART FOUR

• Section XII. FEATURES OF LABOR REGULATION OF CERTAIN CATEGORIES OF EMPLOYEES
  • Chapter 40. GENERAL PROVISIONS
  • Chapter 41
  • Chapter 42
  • Chapter 43
  • Chapter 44
  • Chapter 45
  • Chapter 46
  • Chapter 47
  • Chapter 48
  • Chapter 48.1. PECULIARITIES OF LABOR REGULATION OF PERSONS WORKING FOR EMPLOYERS - SMALL BUSINESS ENTITIES, RELATED TO MICRO-ENTERPRISES (introduced by Federal Law of 03.07.2016 N 348-FZ)
  • Chapter 49
  • Chapter 49.1. FEATURES OF REGULATION OF THE LABOR OF REMOTE WORKERS (introduced by the Federal Law of 05.04.2013 N 60-FZ)
  • Chapter 50
  • Chapter 50.1. PECULIARITIES OF LABOR REGULATION OF EMPLOYEES WHO ARE FOREIGN CITIZENS OR STATELESS PERSONS (introduced by Federal Law No. 409-FZ of December 1, 2014)
  • Chapter 51
  • Chapter 51.1. PECULIARITIES OF LABOR REGULATION OF EMPLOYEES EMPLOYED IN UNDERGROUND WORKS (introduced by Federal Law No. 353-FZ of November 30, 2011)
  • Chapter 52
  • CHAPTER 52.1. PECULIARITIES OF REGULATION OF THE LABOR OF SCIENTIFIC WORKERS, HEADS OF SCIENTIFIC ORGANIZATIONS AND THEIR DEPUTIES (introduced by Federal Law No. 443-FZ of December 22, 2014)
  • Chapter 53.1. PECULIARITIES OF REGULATION OF THE LABOR OF EMPLOYEES SENT TEMPORARYLY BY THE EMPLOYER TO OTHER INDIVIDUALS OR LEGAL ENTITIES UNDER THE LABOR AGREEMENT FOR EMPLOYEES (STAFF) (introduced by Federal Law No. 116-FZ of 05.05.2014)
  • Chapter 54
  • Chapter 54.1. PECULIARITIES OF LABOR REGULATION OF ATHLETES AND COACHES (introduced by Federal Law No. 13-FZ of February 28, 2008)
  • Chapter 55

PART FIVE

• Section XIII. PROTECTION OF LABOR RIGHTS AND FREEDOM. REVIEW AND RESOLUTION OF LABOR DISPUTES. RESPONSIBILITY FOR VIOLATION OF LABOR LEGISLATION AND OTHER ACTS CONTAINING LABOR LAW NORMS (as amended by Federal Law No. 90-FZ of June 30, 2006)
  • Chapter 56. GENERAL PROVISIONS
  • Chapter 57
  • Chapter 58
  • Chapter 59
  • Chapter 60. REVIEW AND RESOLUTION OF INDIVIDUAL LABOR DISPUTES
  • Chapter 61. CONSIDERATION AND RESOLUTION OF COLLECTIVE LABOR DISPUTES
  • Chapter 62. RESPONSIBILITY FOR VIOLATION OF LABOR LEGISLATION AND OTHER ACTS CONTAINING LABOR LAW

PART SIX

• Section XIV. FINAL PROVISIONS

Article 142 of the Labor Code of the Russian Federation. Responsibility of the employer for violation of the terms of payment of wages and other amounts due to the employee

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The employer and (or) the representatives of the employer duly authorized by him, who allowed the delay in the payment of wages to employees and other violations of wages, are liable in accordance with this Code and other federal laws.

In the event of a delay in the payment of wages for a period of more than 15 days, the employee has the right, by notifying the employer in writing, to suspend work for the entire period until the payment of the delayed amount. Suspension of work is not allowed:

during periods of introduction of martial law, a state of emergency or special measures in accordance with legislation about the state of emergency;

in the bodies and organizations of the Armed Forces Russian Federation, other military, paramilitary and other formations and organizations in charge of ensuring the country's defense and state security, emergency rescue, search and rescue, fire fighting, work to prevent or eliminate natural disasters and emergencies, in law enforcement agencies;

civil servants;

in organizations directly serving especially dangerous types of production, equipment;

employees whose labor duties include the performance of work directly related to ensuring the life of the population (energy supply, heating and heat supply, water supply, gas supply, communications, ambulance and emergency medical care stations).

(As amended by Federal Law No. 90-FZ of June 30, 2006)

During the period of suspension of work, the employee has the right to be absent from the workplace during his working hours.

(Part three was introduced by Federal Law No. 90-FZ of June 30, 2006)

For the period of suspension of work, the employee retains the average earnings.

(Part four was introduced by Federal Law No. 434-FZ of December 30, 2015)

An employee who was absent during his working hours at the workplace during the period of suspension of work is obliged to return to work no later than the next working day after receiving a written notice from the employer of readiness to pay the delayed wages on the day the employee goes to work.

(Part introduced by Federal Law No. 90-FZ of June 30, 2006)

Options for delaying the RFP

Options for actions in case of a delay in the RFP According to part 6 of article 136 of the Labor Code of the Russian Federation, as a general rule, the RFP is paid on the set days at least 2 times a month. Non-payment of wages is unacceptable and violates labor law. How to behave to employees who are delayed due payments? There is no universal methodology by which to act, but such employees have many options for behavior. We will look at the main actions that can be taken in the event of a RFP delay, citing comments from 2016. All of them can be used individually or in combination. The first variant of the employee's behavior is to demand material compensation for each day of delay in payment of wages. According to Article 236 of the Labor Code of the Russian Federation, the manager is obliged to pay such compensation in an amount not less than 1/300 of the Central Bank refinancing rate for each day of delay. Compensation can be more if it is set to call. or labor. contract. The obligation to compensate for the delay in the salary does not depend on the fault of the employer in non-payment - even if the delay occurs, for example, through the fault of the bank, the manager calculates compensation. The second option: suspend the workflow until payment (Article 142 of the Labor Code of the Russian Federation). Such a measure can only be used if the RFP is delayed by more than 15 days. The employer must be notified of this measure in writing. Moreover, it is important to have confirmation of such a notice: for example, the signature of the head on the second copy of the notice of suspension of work. Management may refuse to sign the document. Then the notification can be sent by registered mail with notification. At the same time, it is permissible to suspend work only from the day the manager receives the letter. Article 142 of the Labor Code of the Russian Federation in part 4 establishes that the time of suspension of the work process is paid based on the average monthly earnings. During a work break, the absence of an employee in the organization is acceptable. It is necessary to go to the service the next day after receiving a notification (written) from the management. The document should indicate the readiness to pay the debt in the amount of the RFP on the day of entering the service. Compensation for delay is also paid. There are a number of citizens who cannot apply the norm of Article 142 of the Labor Code of the Russian Federation with the comments of 2016 and take the opportunity to influence the management by stopping work. Let's highlight the exceptions. Here are the categories of employees who do not have the right to suspend activities:

• these are the military and employees of the Armed Forces of the Russian Federation, ensuring the defense and security of the country;
• civil servants;
• employees of hazardous industries;
• workers who ensure the vital activity of the population (power engineers; doctors providing ambulance; gas workers, etc.).

According to part 2 of article 142 with the comments of 2016, it is unacceptable to suspend work during a state of war or a state of emergency in the country. The third option is to ask for help from the Labor Dispute Commission (CTC). Such a commission is created within 10 days at the request of the employee directly at the enterprise. With a proposal to create a CCC, the employee addresses the management and the trade union. The CCC must be composed of an equal number of persons representing the employer and an equal number of workers' union members. The dispute on the complaint of the CCC employee is considered within 10 days, moreover, in the presence of the applicant. If the material requirements are confirmed and justified, then they are subject to satisfaction. If the CCC decision is not appealed, it must be executed within 3 days. In case of non-performance, money can be collected forcibly with the help of bailiffs (Article 389 of the Labor Code of the Russian Federation). Fourth option: complain to the labor inspectorate. The complaint is filed with the state inspection of the subject of the federation in which the employer is located. The complaint must include contact details, an address for a response and all known information about the employing organization. The essence of the complaint and the facts are summarized: the period of arrears of the RFP, the unpaid amount. You can add a clause on non-disclosure of the applicant's name during the inspection, then the inspection will have to remain anonymous (Article 358 of the Labor Code of the Russian Federation). If the employee has evidence of delay in payments (for example, a bank statement), then it is better to attach them to the application along with work. contract. Complaints can be filed in a number of ways: in person, by mail, and electronically. The inspectors usually consider the complaint for 30 days (in exceptional circumstances, the period is extended for another 30 days). Further, an inspection is carried out, and if the fact of a delay in the RFP is revealed in the process, then the management is issued an order to pay the amount of the debt and interest. The issue of bringing the perpetrators to justice will also be considered. Fifth option: send a claim to the district or world court. The court must be located at the location of the organization. To comply with all the subtleties and rules of judicial protection, you may need the help of a lawyer, but, having studied the law, you can act independently. When going to court, it is important to collect all possible evidence of delayed payment of salary: labor. contract, employment order, pay slips, bank statements, testimony of fellow witnesses, etc. If a decision is made in favor of the employee, then right on the day of the meeting itself, a writ of execution is issued on the payment of salary for 3 months. A paper for the payment of the remaining amount of the debt is issued after the decision enters into law. strength. In addition to the amount of the RFP and compensation in court, you can also demand compensation for moral damage. Usually the amount of moral compensation in such disputes does not exceed 5 thousand rubles. It is faster to resolve the case through the Magistrate's Court, but only in the case when the RFP was accrued but not paid. The magistrate is applying for a writ of certiorari. This order will serve as an executive document that will oblige management to pay the amount of debt and compensation. It is issued within 5 days from the date of application without trial and summoning the parties to court. A copy of the order is simply sent by the judge to the employer. If he does not send objections within 10 days, then a second copy of the order with an official seal is sent to him for direct execution. If there are objections, then the order is canceled, but the employee in this case has the right to file a lawsuit with the district court. So, we have given 5 possible options for actions that can help recover the amount of unpaid salary from the employer. Now let's pay attention to a few key points that are important to know. Firstly, the term for applying to the court begins to be calculated from the moment when the employee finds out about the delay in the RFP, and is 3 months. If the employee is still working in the organization and the salary was accrued to him, but not paid, then there is no deadline for applying. If the deadline is missed, then, if there are good reasons, it can be restored through the court. Secondly, it is important to remember that the plaintiff does not pay the state duty when considering labor disputes. Thirdly, if non-payment of wages is proven (by a court, labor inspectorate or commission on labor disputes), then the employee has the right to quit at will at any time without working 2 weeks.

Wages must be paid at least every half a month.

Delaying wages for more than 15 days is against the law.

Provided that the salary is white, and labor relations are official.

When these two weeks have passed, you can claim compensation and / or suspend work.

Calculation of compensation for delayed salary

For violation of salary terms, the employer is primarily responsible for the ruble.

The employee must receive compensation for each day of delay in wages, regardless of whether the employer is at fault or not.

Calculate compensation and contact management with a request (preferably in writing) to issue a salary. Argument your claim with Article 236 of the Labor Code of the Russian Federation.

The following formula is used to calculate compensation:

(debt - personal income tax) × 1/150 of the key rate of the Central Bank × number of days of delay

Compensation may be more than the amount received according to the formula, if it is provided for by a collective or labor agreement and other local acts.

Suspension of work

If the management of the company pursues a policy of "there is no money, but you hold on," you have the right not to work. The argument is Article 142 of the Labor Code of the Russian Federation.

Here you have to write. You need to attach to it:

• Documents confirming that you work in this company (employment contract, order of employment, work book, etc.).
• Payroll documents.
• Documents evidencing non-payment of earnings (pay slips, bank statements, etc., calculation of debt and compensation).

However, you are not required to continue working for the debtor company. If the fact of non-payment of wages is established, you can at any time, without a two-week working off.