Violation of an employment contract by an employer regarding salary and work schedule

Any citizen wants to work officially in a company. This is due to the fact that if there is a contract, it is protected by labor law. Additionally, all the rules and nuances of work are fixed in this document. But even under such conditions, often citizens are faced with a violation of the employment contract by the employer. He may delay or intentionally reduce his salary, change the work schedule without the consent of the employee, or perform other illegal actions. Under such conditions, an employee may hold a company manager liable for different responsibilities. You can file a complaint not only with the labor inspectorate, but also with the prosecutor's office, the police, or the court.

The nuances of violations

Many employers are confident that they can with impunity violate the terms of an agreement signed with an employee. But in fact, violation of an employment contract by the employer always brings numerous negative consequences if the employee of the enterprise wishes to assert his rights.

All employers must comply with the requirements of the Labor Code and the provisions of the labor agreement on the basis of Art. 22 shopping mall. Additionally, they are required to take into account labor protection standards. If various violations of the rules of the employment contract by the employer are detected, then this leads to many negative consequences. These include:

• dissatisfaction on the part of all employees of the enterprise, who begin to take a less responsible approach to the performance of their labor duties;
• the appearance of negative reviews about the company;
• litigation;
• various regulatory state bodies usually conduct serious checks based on citizens' applications;
• the company is held accountable, which can be not only administrative, but even criminal.

Therefore, employers must responsibly approach their obligations to employees. Violation of the terms of the employment contract by the employer may lead to the loss of a positive reputation, to the need to pay a significant amount of funds or to imprisonment of the head.

The main provisions of the TC

Based on Art. 362 TC, each responsible person working in the company and related to violation of the rights of employees may be held liable. This is due to the fact that each participant in an employment relationship has both rights and obligations.

The employer on the basis of Art. 21 TC have some responsibilities. These include:

• compliance with the requirements specified in federal or regulatory legislative acts;
• providing an optimally equipped workplace for the specialist to fulfill his obligations by agreement;
• payment of salaries and other funds that are assigned on the basis of a drawn up contract;
• labor safety;
• fulfillment of all other requirements specified in the contract;
• if the requirements of the Labor Code are not complied with, the employer must pay the appropriate fines.

According to the Labor Code of the Russian Federation, violation of an employment contract by an employer is a serious offense. Responsibility for such actions is indicated in Art. 419 TC. The type of liability depends on the parameters and nature of the violations. The severity of the consequences is taken into account.

What violations do workers often face?

Employees of different companies often face the fact that the employer violates the requirements of the Labor Code for various reasons. All possible violations of the employment contract by the employer enable the employees of the company to hold the company management accountable. This takes into account the severity of the consequences.

The most common violations are:

• unauthorized changes to the clauses of the agreement, for example, changes are made to the subject of the contract or to the conditions of employment;
• violation of the employment contract by the employer in relation to salary or other payments, for example, improper accrual of severance pay or refusal to transfer the required funds on time;
• organization of labor protection with significant violations;
• failure to provide guarantees or compensations provided for in the Labor Code for workers in a particular field of work;
• violation of the regime of work and rest;
• improper application of various penalties or non-compliance with disciplinary standards;
• refusal to the employee to improve his qualifications;
• violation of migration legislation, on the basis of which it is exclusively required to officially hire foreign specialists.

All these violations are significant, therefore, each employee can appeal to the labor inspectorate or other state bodies.

Scheduled violations

When joining a company, various aspects of the upcoming activity must be negotiated. These include the schedule and mode of operation. Moreover, violation of the employment contract by the employer is often associated with these points. Changing the work schedule without prior coordination with the employee is a prohibited process. Therefore, if the head of the company requires him to go to work on days that are a weekend under the employment contract, the employee may file a complaint with the labor inspectorate.

Violations of the employment contract by the employer according to the work schedule are usually associated with situations:

• The requirements for work and rest, which are regulated by Art. 108 shopping mall. Each employee during the working day can count on a break. Its duration varies from 30 minutes to two hours. This period is not included in business hours. The time when a break is proposed, as well as its duration, are established by internal regulatory documents or an employment agreement. If in any company there is no opportunity to provide an official break, then the employer must create such conditions for the employee so that he can take a quiet meal and relax.
• The employee is not granted annual compulsory paid leave, the duration of which is at least 28 days.
• A specialist is involved in overtime work, although this moment is not fixed in the agreement, nor is the citizen offered the opportunity to receive an additional weekend or compensation.
• The company does not have a time sheet.
• Wages are not calculated correctly, and various forfeits or fines are levied, which are not fixed in the agreement.
• The salary is transferred, the amount of which is less than the minimum wage established in the specific region where the company is located.
• The employer does not pay the advance payment to its specialists.
• Before going on vacation, the employee does not receive vacation pay.

All the above violations of the employment contract by the employer are serious. Therefore, under such conditions the company is brought to administrative responsibility. If the salary is not transferred for a long period, then the responsible persons may be held criminally liable. Violations of the employment contract by the employer for pay or schedule are most common. The company employees themselves must take care of protecting their rights, therefore, at the first sign of violation, you should contact the labor inspectorate.

Violation of labor rights of hired specialists

Every person who plans to get a job in a company has certain labor rights. Usually, if the employer violates the employment contract, these rights are violated. The most common situations include the following:

• labor relations are not formalized;
• the specific type of labor is not indicated in the contract;
• the workplace at the enterprise is not equipped with the necessary materials or equipment;
• salary is not paid within the time period specified in the contract;
• in advance, the specialist is not fully informed about the conditions under which he will carry out work, and also does not get acquainted with safety procedures;
• the citizen does not receive permission for advanced training or retraining;
• no compensation shall be awarded to the employee in connection with the performance of his duties.

Such violations of the terms of the employment contract by the employer are quite common. Company employees must independently ensure that their rights are respected, therefore they are obliged to contact state bodies for help if necessary. They not only protect their rights in this way, but can also compensate for the moral damage inflicted by the leader.

Violation of working conditions

Each employer is obliged to provide all employees with optimal conditions for the performance of their duties. If such a requirement is not met, then this is a serious violation of the provisions of the Labor Code.

The most popular breaches of an employment contract by an employer regarding working conditions are as follows:

• the workplace creates a danger to the life and health of the employee, as it does not meet the basic safety requirements;
• there are violations of hygiene or sanitary standards;
• there are no different technical means by which the employee can cope with his work functions;
• if the state of health worsens, the head of the company refuses the employee to be transferred to a lighter position, even if the citizen has the appropriate medical certificate;
• the employer refuses to pay various insurance payments for employed workers.

The above violations can lead to numerous negative consequences for the employee. They can be harmful to his health or well-being.

Pay Violations

Additionally, often employers violate the legislation in the field of remuneration. Most often, such cases are included here:

• The salary is too small, which is less than the minimum wage. This is a serious violation of the employer’s employment contract. Article 133 of the Labor Code contains information that if an employee fully copes with his duties on the basis of the norm of working time, he can claim the optimal payment, which cannot be lower than the minimum wage.
• Lack of advance payment. According to the law, company managers must divide employees into two parts. The advance payment is transferred at the beginning of the month, otherwise a violation of the employment contract by the employer will be revealed. Article of the Russian Federation TC 136 indicates that specific terms for the transfer of funds are established in the internal documentation of the company or in the collective agreement.
• Untimely payment of vacation. If the employee goes on annual paid leave, then he needs to transfer vacation pay three days before the start of the vacation period. This is enshrined in Art. 136 shopping mall. If this requirement is not met, then it is allowed to postpone the vacation to the next year.
• Overtime is not paid. Often, employers attract hired specialists to additional work, and at the same time do not pay for this work. This is a violation of the employment contract by the employer. Article 152 and article 153 of the Labor Code contain information that all overtime work should be paid on the basis of the average salary of employees.

If it is revealed at all that payroll irregularities are regular and on a large scale, then the head of the company, accountant, and other responsible persons can be prosecuted.

Illegal Dismissal

Another violation is the dismissal of citizens without good reason or with other violations of the Labor Code. Dismissal in violation of an employment contract by an employer may be disputed by employees in court. To do this, you can prove the following points:

• lack of notice of termination of the employment agreement two weeks before the appointed date;
• the head does not issue the corresponding order;
• there are violations in the entries made in the work book;
• There is no good reason for dismissal.

Even if the employee has evidence that the head of the company forced him to write a letter of resignation at will, the employer will be held administratively liable. Additionally, he will have to reimburse the specialist for moral damage.

What penalties are applied?

If there is evidence of violations by the management of the company, the employer may be held liable for various types of liability. These include:

• material;
• administrative
• disciplinary;
• criminal.

The specific type of liability of the employer for violations of the employment contract depends on how serious the violation is, as well as what consequences it led. Additionally, it is taken into account whether such a violation is detected for the first time or repeatedly. In the second case, more severe penalties are imposed.

Material liability

It applies if certain damage is caused to an employee of the company. For example, a citizen is illegally dismissed, the integrity of his property is violated, or payments are delayed.

Directly in the employment contract there is information about what is the level of liability of the owner of the company. Additionally, the provisions of the TC. Punishment is presented in the form of large fines.

Disciplinary

It is used if labor standards are violated. It applies not only to the owner of the company, but also to various officials.

Such liability may include the prohibition of holding leadership positions, as well as significant fines. Additionally, a reprimand, warning or dismissal may be assigned. The basis for bringing the employer to this responsibility is a memo sent to the controlling state bodies by any employee of the enterprise.

Administrative

Such liability applies in violation of the provisions of the law. Additionally, it is used in situations:

• the employer refuses to conclude a collective agreement;
• hiding information required to monitor compliance with the requirements of the agreement;
• Citizens are hired illegally;
• the employer hides insurance claims that have arisen at work.

Under such conditions, fines are imposed for the heads of the enterprise and the company as a whole. Their size depends on the severity of the violation.

Criminal

This type of responsibility is applied in situations when really serious violations are revealed, therefore workers have to face negative consequences. This includes the absence of a salary transfer for three or more months. However, there is evidence that these funds were used by the employer for personal gain.

In addition, criminal liability is imposed if the manager of the enterprise obviously provides the employees with equipment that is dangerous for use. To impose a sentence, a trial is required, as this requires a court decision. Based on the available evidence, the presence of the fault of the head of the enterprise is revealed.

What actions can an employee take?

The citizens themselves officially employed in different companies must ensure that their rights are protected. Therefore, it is important to independently write complaints about the employer if a violation of the employment contract by the employer is detected. Where to go under such conditions? A complaint can be submitted to several state organizations, which include:

• Labour Inspectorate;
• prosecutor's office;
• court.

Each institution initially conducts an audit to establish the actual violation, after which, upon detection of evidence, various penalties are applied to the head of the company.

Thus, quite often, citizens who prefer to work officially have to deal with various violations by the leadership of their company. Under such conditions, the employer may be held liable for different types of liability depending on the severity of the damage caused to specialists. , .