Despite the tightening since last fall labor legislation In terms of regulating the payment of wages, as they say, things are still there. According to Rosstat, the total wage arrears as of March 1, 2017 amounted to 3.6 billion rubles. Moreover, as of January 1 of this year, it amounted to 2.7 billion rubles, that is, there is a significant increase in the debts of employers to employees. Here we must take into account the great latency of this phenomenon and the fact that official data is based on information received from regulatory authorities. These numbers are just the tip of the iceberg, and real numbers much more, because most workers are sometimes simply afraid to complain and spoil their relationship with their bosses.
In accordance with Vladimir Putin’s instructions on monitoring non-payment or delay of wages, a hotline has been opened in the Public Chamber of the Russian Federation on issues of delays and non-payment wages. This is how its initiator, Chairman of the Public Chamber Commission on Social Policy, Labor Relations and Quality of Life of Citizens, Vladimir Slepak, commented for FederalPress:
“In April 2017, from 45 constituent entities of the Russian Federation, we received 152 complaints regarding delays or non-payment of wages. The total amount of debt amounted to 13.6 million rubles. The largest number of requests (43%) contained information about delayed wages for up to 3 months; in 38% of requests – from 3 to 6 months; in 14% of requests – from 6 months to one year. 5% of requests contained information about wages being delayed for more than 1 year. In 28% of cases, the amount of debt is less than 50,000 rubles. 36% of complaints contained information about debts from 50,000 to 100,000 rubles, and 29% of complaints - from 100,000 to 300,000 rubles. A small proportion of complaints are for large amounts over 300,000 rubles – 7% of complaints. Most often, residents of the Omsk (7.2% of messages) and Tambov (6.6%) regions, Krasnoyarsk Territory (5.9%), Karachay-Cherkess Republic, Stavropol, Krasnodar (5. 3% of messages, respectively) and Primorsky Krai (4.6%).
There are more than 80 organizations among the debtor enterprises. Their list is still headed by JSC “Main Directorate of Housing and Communal Services” of the Russian Ministry of Defense. It accounts for 6% of employee complaints about delays in payment of wages for a period of 1 to 6 months. The total amount of debt on received applications amounted to over 200 thousand rubles.
The second place is occupied by JSC Rustona, which, according to information on their official website, carries out production and processing of igneous intrusive dense rocks of ultrabasic composition. It received 5% of requests in the amount of over 550 thousand rubles. Mostly, applicants reported delays in salary payments of 3 to 6 months. The website of the Prosecutor's Office of the Karachay-Cherkess Republic contains information about the initiation of administrative cases against the management of the organization on facts of non-payment of wages, as well as about filing applications with the court for the issuance of court orders to collect arrears of wages in favor of the company's employees.
In third place is LLC Private Security Company “Kare” (Moscow), whose main activity is “activities of private security services.” He received 5% of complaints about the delay in payment of wages for 2 months with a debt amount of more than 450 thousand rubles.
Next on the list is construction company LLC "EPM" (Surgut). The workers reported that “the director of the organization EPM LLC has not paid wages for two months and does not answer phone calls. At the end of the work (watch), he sent me home without salary or travel allowance, as agreed.” The total amount of debt to the six employees who signed the collective complaint amounted to about 1.1 million rubles.
Information received on the hotline is processed, summarized and sent to the Prosecutor General's Office of the Russian Federation and Federal service Russian Federation on labor and employment. In feedback format, the Public Chamber receives responses from the prosecutor's office and territorial divisions of Rostrud, containing information about full or partial repayment of debts, as well as bringing those responsible for violating labor laws to administrative and criminal liability. These results can be found on our official website in the “Achieved” section. The work of the hotline will continue.”
Salaries must be paid at least every half month. The payment date must be no later than 15 calendar days from the end of the period for which the salary was accrued. If the payment day coincides with a weekend or holiday, you must be paid on the eve of this day (Article 136 of the Labor Code of the Russian Federation).
If your employer delays your salary for more than 15 days, send him a statement demanding that he do so. Prepare two copies: give the first to the employer, and on the second ask to put a mark of acceptance (registration number, date, position, last name, first name, patronymic and signature of the accepting employee) and keep it with you. If the employer refuses to accept the application or mark acceptance, send the application by registered mail with notification and a description of the attachment.
If after this the employer does not pay you your salary, you can You cannot pause work:
You can also:
The amount of the benefit depends on your earnings, however, if before going on maternity leave your total insurance coverage was less than six months, the benefit will be calculated based on the minimum wage. The benefit is provided in total for the entire vacation period. The employer is obliged to pay it along with the next salary after you present him with a certificate of incapacity for work.
If the employer does not do this, you can:
If your employer does not pay you the required bonuses, you can:
In accordance with Article 236 of the Labor Code, an employer who has delayed payments is obliged to provide not only them, but also In the amount of not less than 1/150 of the Central Bank key rate in force at that time of the amounts not paid on time for each day of delay, starting from the next day after the established payment deadline. In case of incomplete payment on time, the amount of interest is calculated from the amounts actually not paid on time. The amount of compensation may be increased by a collective agreement, local normative act or an employment contract.
">compensation for the delay.
The employer has the right to deduct from your salary:
However, the amount withheld in this case cannot exceed 20% of the total salary, with the exception of This restriction does not apply to those who are obliged to pay alimony for minor children, to compensate for harm caused to the health of another person, and for harm caused to persons who have suffered damage due to the loss of a breadwinner, as well as when compensating for damage caused by a crime. In these cases, the employer can withhold up to 70% of the total salary after taxes.
">casesRussia free of charge (working hours: Mon-Thu from 9 to 18, Fri from 9 to 17 (Moscow time). Information received about unscrupulous employers will be sent to Rostrud and the prosecutor's office. Currently, increasing the level of wages, creating conditions for timely payment , legalization of “shadow” employment and hidden forms of remuneration remains one of the main tasks in the sphere of social legal relations. The Public Chamber (PC) of the Russian Federation is opening a “hotline” from July 1, to which Russians can complain about non-payment of wages, the Izvestia newspaper writes. For many people, even small delays in monthly payment are critical.
A hotline for delays in payment of wages to construction workers has been opened in Moscow. A hotline for receiving calls from workers has begun operating in the capital. construction organizations who are not paid.
Where and how to contact if there is a delay in paying wages to an employee In the first case, the actions of an attacker or an unscrupulous employer fall under the articles of the criminal code.
How long can you be detained? According to the law, management should not delay payment of due amounts to employees even for 1 day. But due to the fact that the employer’s responsibility for such a violation begins at a later time, we can say that the conditional period of delay is still present. This period is stipulated in Article 142 of the Labor Code of the Russian Federation; it is 15 days from the day on which the payment arrears arose.
What to do? If the employer does not transfer the money on the appointed day, the employee is advised to wait the minimum period during which wages can still be transferred without penalties for the employer. After this, you can proceed to action - contact management or the appropriate authorities. Absenteeism from work An employee who is wondering where to turn if wages are not paid should know that the first authority is his own management.
Hotline for non-payment of wages The Public Chamber (PC) of the Russian Federation is opening a “hotline” to which it will be possible to report non-payment of wages. The information received about unscrupulous employers will be sent to Rostrud and the prosecutor's office. As Vladimir Slepak, head of the OP commission on social policy, labor relations and quality of life of citizens, told ligazakon.ru, calls will begin to be accepted on July 1.
Meanwhile, the Ministry of Labor claims that the issue of non-payment of wages is not as acute as during the 2008-2009 crisis, when employers' debt was 2.5 times higher than today's. Where to go if you don't get paid? According to Art. 22. Labor Code of the Russian Federation, one of the employer’s responsibilities is to pay the employee full wages.
Art.
After the fact of existence is proven in court labor relations, you can file a claim for payment of wages. However, there is no 100% guarantee that the court will recognize the employment relationship as official. Work for an individual entrepreneur In relation to individual entrepreneurs The same labor legislation applies as for other employers.
Therefore, in case of non-payment of monthly wages from an individual entrepreneur, the employee should adhere to the same algorithm of actions:
Responsibility of the employer Punishments for unscrupulous employers are set out in the Code of Administrative Offenses and the Criminal Code of the Russian Federation.
What to do if you don’t pay black wages? How to prove that payment is due at all, since the employment agreement has not been drawn up? It's worth knowing that actual tolerance employee to work - the basis for concluding an agreement. Therefore, performing work on behalf of a manager or an authorized person means the existence of an employment relationship. An employee can contact the prosecutor's office or the Labor Inspectorate, providing evidence of work performed in a specific company.
Attention
Sanctions will be applied to the employer both for arrears of wages and for unwillingness to draw up an employment contract. Judicial proceedings If all peaceful ways to resolve the conflict have been exhausted, and it was not possible to reach an agreement with the employer, then you will need to file a claim in court. Failure to pay wages on time gives the right to file a claim as soon as the debt accrues and before the statute of limitations expires.
A worker can go to complain to the labor inspectorate of the area where the organization is located. This must be done at the very beginning of the employer’s violation, so that wages can be received faster. You must write an application to the labor inspectorate, which is drawn up in any form. At the same time, the document must mention certain violations of worker rights. This violation includes untimely payment of wages, as well as the period of delay and the due amount. If everything remains unchanged at the end of 15 days, then the worker may, by law, not perform his job duties until the violation is corrected.
In this case, 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.
Info
Where to go if you don't get paid? Federal law No. 59-FZ gives every citizen the right to contact any government body and receive a response to their request. To restore his right to remuneration, an employee may apply to the following government authorities:
There are no strict forms for applications with which a citizen can apply to the labor inspectorate or prosecutor's office. However, it is worth knowing that government agencies will only accept an appeal from a citizen if there is a reason in writing.
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 in this case will be equal to seventy thousand rubles.
To oblige the manager to bear administrative responsibility, you need to file an application with the labor inspectorate of the area where the organization is located. You can also issue a fine through the court. If a manager does not pay wages to his employees for more than three months, then criminal liability follows, that is, imprisonment for up to five years. back to contents What should an employee do? An employee who is not paid for a certain period can immediately begin to protect his interests.
Subject delays in payment of wages always relevant, in any economic and political situation. In 2016, amendments were made that tightened the punishment for late payment of salary! The article is relevant for 2018-2019!!
There will always be unscrupulous employers who try by any means to avoid paying the employee his hard earned money.
In this article I will tell you about ways to deal with them, and also show ways to resolve conflict situations.
The legislator has clearly defined the rules for calculating and paying employee wages, but often the employer is unwilling or unable to comply with the law. There are several ways to resolve the issue of salary payment. Let's look at them.
The legislator has identified several possibilities for protecting the rights of employees in the event of non-payment or delay in payment of wages (Article 352 of the Labor Code of the Russian Federation):
Also supervision and control in the field labor rights carried out by the Prosecutor's Office.
It is clear that the last two instances (the court and the Prosecutor's Office) are an extreme method of defense, which entails not only financial liability an unscrupulous employer towards an employee, but also administrative and even criminal liability for these violations.
If an employee chooses the path of self-defense, then he should take advantage of the rights granted by Art. 142, 379 of the Labor Code of the Russian Federation, namely, to suspend work for the entire period of delay in payments. To do this, two conditions must be met:
It is worth remembering that in some situations:
Period of martial law or state of emergency, and for certain categories of workers:
SUSPENSION OF WORK IS PROHIBITED!
If a trade union has been created in an organization, then its direct function is monitoring compliance with labor laws and protecting workers’ rights. An employee may contact the union in writing.
The application must describe the current situation in detail, accompanied by an employment contract. In the described case, the methods and measures of pressure on the employer are chosen by the trade union; you only need to give detailed explanations of the case and control the process.
It is no secret that in most cases a trade union is a “manual” organization of the employer. So you shouldn’t really count on their help.
Another thing is the State Labor Inspectorate (SIT), a state body for control and supervision of compliance with labor legislation. In case of violation of rights, the employee has the right to apply in writing to the specified government body.
Based on your application, the inspectorate will conduct a comprehensive inspection, request necessary documents, both from the employer and from other organizations and government agencies (for example, the tax office or the bank servicing this company).
Based on the results of the inspection, a decision will be made on which unscrupulous employer may be attracted to administrative responsibility and he will be given an order to eliminate the identified violations. If a more serious offense is identified, the inspection material will be transferred to the Prosecutor's Office or court.
In case conflict situation will be allowed before the intervention of the Prosecutor's Office or the court, then the employee can go to work on the day of transfer of the accumulated debt, without any consequences for yourself (according to the law).
In accordance with Art. 136 of the Labor Code of the Russian Federation must be defined in the employment contract place and timing of salary payment. It also stipulates that it must be paid at least every 2 weeks.
Payment location- this is usually workplace employee, and deadlines mean specific dates of each month. If the employer violates the terms of payment of wages, the employee has the right to monetary compensation, for each day of delay.
As Art. 236 of the Labor Code of the Russian Federation, if there is a delay in the transfer of wages, as well as other mandatory payments (vacation pay, for example), the employer is liable regardless of his fault.
This norm establishes the employer’s obligation on payment of interest for each day of delay in payment. The legislator established the amount of compensation equal to 1/300 of the refinancing rate of the Central Bank of the Russian Federation as of the calculation date.
An employment contract may establish a different amount, but it cannot be lower than that established by law.
Compensation = Salary arrears × Number of days of delay × 1/300 × Refinancing rate (0.0825).
It is worth remembering that advance payments and wages have different periods of delay, and so in each month, respectively, the above formula is applied to each of the amounts not paid on time, then all amounts are added up.
The Criminal Code provides for quite serious sanctions against an employer who violates the terms of payment of wages.
If there is a delay of more than two months, the fine is up to 120 thousand rubles, and in the event of severe consequences - up to five hundred thousand. Criminal liability is also assumed - from 2 to 5 years.
At the same time, a person who violates the rights of employees to receive wages on time may be deprived of the right to hold certain positions for a period of up to 3 years. So employers better not joke.
The Notice of Termination of Work must be drawn up in 2 copies and submitted to the office or reception of the head of the organization. In case of refusal to accept documents, they should be sent by mail with a list of contents and notification of delivery.
After that suspension of work will be legal and justified and this will serve as evidence of the employee’s compliance with the law and protect himself from accusations of absenteeism.
General Director
LLC "Patriot"
V.V. Ivanov
From the chief engineer
S.A. PerepelkinaNotice of suspension of work
By Employment contract No. ___ from _______I notify you that, despite my repeated requests, your salary arrears have not been repaid as of today.
For this reason, I, ______________________, notify Patriot LLC of the suspension of my work for the entire period until payment of arrears of wages.
In accordance with Part 2 of Art. 142, 379 of the Labor Code of the Russian Federation, I have the right, by notifying you in writing, to suspend work until the debt is paid.
The period of delay in the payment of my wages is from January 1, 20___ to February 15, 20__, which is ________ days.
Based on the above, I suspend work and consider it possible to resume execution of my job responsibilities after transfer of debt.
Please transfer the salary arrears in the amount of ______________ rubles to the following bank details:____________________________________________________________
In the first case, the actions of an attacker or an unscrupulous employer fall under the articles of the criminal code. In the second case, measures and sanctions are applied to him to repay the debt and compensate for damage. However, to act upon non-payment cash There are several options, if not to say: use all possible ways to resolve the situation at once.You can take action to repay your debt in the following ways.
What to do and where to go if wages are not paid or are delayed?
The number 1 authority that an employee needs to contact if wages are not paid or is delayed is the management of the enterprise where he (the employee) works. labor activity. You can download a sample application for suspension of work due to non-payment of wages here.This provision, for obvious reasons, does not apply to employees of the following organizations: Application to the labor inspectorate A sample application to the labor inspectorate for non-payment of wages can be downloaded here.
Hotline number if wages are not paid
hotline number if wages are not paid
A hotline has been opened in Moscow for delays in payment of wages to builders
A hotline began operating in the capital to receive calls from unpaid construction workers.
The order for its opening was given by the Deputy Mayor of Moscow, the head of the capital's construction complex, Marat Khusnullin.
A hotline began operating in the capital to receive calls from construction workers who are not being paid. The order for its opening was given by the Deputy Mayor of Moscow, the head of the capital's construction complex, Marat Khusnullin.
Hotline for non-payment of wages
Where to go if you don't get paid?
300 people called the hotline for non-payment of wages
Don't pay salaries?
CALL 8-800-700-8-800
Hotline number 8-800-700-8-800.
calls from any region of Russia are free (working hours: Mon-Thu from 9 to 18, Fri from 9 to 17 (Moscow time). The information received about unscrupulous employers will be sent to Rostrud and the prosecutor's office.
On the consequences of receiving “shadow” wages
Currently, increasing the level of wages, creating conditions for timely payment, legalizing “shadow” employment and hidden forms of remuneration remains one of the main tasks in the field of social and legal relations.
OP opens a hotline for complaints about non-payment of salaries
The Public Chamber (PC) of the Russian Federation is opening a “hotline” from July 1, to which Russians can complain about non-payment of wages, the Izvestia newspaper writes.
What to do if your salary is not paid?
For many people, even small delays in monthly payment are critical.Basically, this category of citizens includes workers who are the only breadwinners in the family. Often an unscrupulous employer does not want to make contact with an employee. If the problem with late payment remains unresolved, the employee should know where to go if wages are not paid.
Salary delays - what to do?
In what cases it is impossible to stop work In some cases it is unacceptable to stop work even if wages are delayed.You can’t stop work: Where can an employee complain if their salary is delayed?
An appeal to the Federal Labor Inspectorate will help the employee get the money he earned. To do this, write a statement about the fact of the delay,
What to do if the employer delays wages?
Terms of payment of wages according to the law The Labor Code in Article 136 established the procedure for paying wages according to terms and methods.These payments must be made at least twice a month on the days specified by an official document of the enterprise - an order, work rules or an employment contract.
The employer can pay wages in the usual form of money and, if stipulated by the contract, in non-monetary form.
According to Article 136 of the Labor Code of the Russian Federation, wages must be paid twice a month on the day specified in the employment contract.
If the payment day coincides with a non-working day, then all financial transactions must be made the day before.
Strictness of the law Conflicts between an employee and an employer arising due to delays in payment of wages are regulated by the following legislative documents.
