The concept of remuneration of any employee is established by the current Labor Code. In accordance with this document, it represents a reward for a certain work, the value of which is determined by the complexity of the activity, the qualification of the employee, the volume, working conditions and other factors. If for one reason or another, payments are not made, you can refer to the procedure for collecting wages.
The collection of wages refers to the application to the relevant authorities. In most cases, it is carried out in court. Today, lawyers often have to deal with cases of this kind, advise people on the nuances of labor law, and protect their interests in court.
Payroll Regulation
The current Russian legislation establishes the collection of wage arrears, which should always be fully implemented. In court proceedings, the employee is not only entitled to the full amount of the payment, but also compensation for the illegal use of funds.
If the employment contract stipulates interest for each day of delay in payment, then it will certainly be taken into account during the proceedings.
Current judicial practice shows that in the vast majority of cases, the court takes the side of the employee, obliging his employer to make all the due payments.
Salary transfer terms
In each organization, specific dates for the payment of employee salaries are specified in a collective or employment contract with the employee. Payments are made monthly.
Moreover, current legislation obliges employers to pay money no later than 15 days after the end of the next billing period.
So, if for the first 15 days of the month an employee is paid an advance payment by the 20th day, then he should receive the main payment on the 5th day of the next month inclusively. Moreover, such terms are relevant for all parts of the salary.
Legislative protection of workers' rights
Actually, the collection of wages is a serious dispute between an employee and an employer. Its subject is the remuneration due for work done, which might not have been paid for some reason. In any case, if payment is delayed, compensation is due to the employee.
The current legislation establishes the amount of such compensation - 1 / 150th of the current refinancing rate for each with a delay.
An employee must certainly receive the payment due to him if:
- the company accrued salary, but did not actually pay it;
- the employee was absent from the workplace for legitimate reasons stipulated by law;
- recovery due to downtime is assumed;
- compensation for sick leave or unused vacation;
- due payments in case of bankruptcy of the company;
- penalties were accrued due to delayed salaries in relation to the due date.
Drawing up a claim
If a company evades paying salaries to employees, they must first prepare a salary application. It must be in the form of a reasoned claim.
The current legislation does not provide a specific content, as well as a form for a claim of this kind (as opposed to filing a lawsuit in the court for collecting salaries). It can be sent to various competent authorities, from the labor inspection to the court.
At the initial stage, the preparation of such a claim is a sufficient impetus for the employer to make all due payments on a voluntary basis.
Without fail, the statement or claim for the recovery of wages must indicate the full details of both parties to the dispute along with the essence of the requirement to pay the amount of the debt, or compensation, etc., violated the rights of the employee. Additionally, in such a document, it will be necessary to justify the amount of compensation due, to state in essence the essence of the claims in the requesting part.
The employee has the right to independently determine the terms of consideration for the claim. They are usually selected based on the current financial situation of each party to the dispute.
The procedure for collecting wages (a sample application is presented below) is always determined by a court decision. When making a decision, both the requirements of the plaintiff and the financial position of the defendant are taken into account.
Labor dispute commissions
First of all, to recover wages, it is worth contacting the labor dispute commission. All information regarding the CCC is in the Labor Code of the Russian Federation (chap. 60).
The competence of this commission is the consideration of individual labor disputes.
The employee himself with the application for the recovery of wages to this commission can apply within three months from the date when his rights were violated, that is, the payment of wages was not made.
Cases of missing this period are possible, but only if there is some good reason, including a documented illness, and others. Then the application period will be increased.
The commission will certainly register the application submitted by the person. Over the next ten days, the dispute and its circumstances on the merits will be considered.
It is important that when considering the issue of collecting wages from the debtor, the employee himself or his representative must be present at the commission. In order for the review to take place without it, it is enough to fill out a corresponding application.
As soon as the commission makes a decision, the applicant receives a copy of the decision (no later than three days from the date of its adoption). Both the employer and the employee have the opportunity to challenge the decision - a ten-day period has been set for this. Otherwise, 10 days are given for its execution, the counting of which will be carried out as soon as the allowable appeal appeal period ends.
In some cases, when the commission resolved the dispute in favor of the employee, but the employer did not comply with its instructions, a special document is issued to him. It is equal in strength to executive papers.
Within three months, after the employee receives the specified certificate, he must contact the bailiff service. They will already be engaged in resolving the issue on the basis of an appropriate order for the collection of wages. Payment in this case is made, but by force.
Even if the labor commission in a particular dispute has accepted the position of the employer, then you can appeal to the court for appeal.
Appeal to the State Labor Inspectorate
There is another state body for protecting the rights of workers on various issues - this is GIT. It belongs to the branch of the executive branch.
When applying, you must fill out the paper in accordance with the sample application for the collection of wages.
The powers of the GIT are as follows:
- reception and consideration of incoming appeals indicating any violation of the rights of employees, including non-payment of salaries;
- conducting audits of organizations;
- issuance of instructions indicating the need to immediately eliminate certain violations;
- drawing up protocols fixing administrative offenses;
- protects the labor rights of people.
The GIT complaint is given 30 days. Most employers seek to eliminate the arrears before the visit of the representative of GIT, as this is a very unpleasant moment for any organization.
Application to the prosecutor
An equally well-known structure designed to protect the rights of citizens in various fields is the prosecutor's office.
If you turn to this structure for non-payment of salaries, the application will be considered in the 30-day period after its registration.
In the event that the facts indicated in the appeal are confirmed, a special act on prosecutorial response is issued, a resolution of the prosecutor. Not one organization has the right not to respond to these securities.
Features of the collection of wages
In the context of real labor relations, the employee is always the least protected side. Within the framework of the current TC of the country, the right to receive labor remuneration is prescribed. The obligation to make cash payments is the responsibility of the employer. Increasingly, problems arise with this - liquidation or bankruptcy of an enterprise, delayed payments - all this is the basis for preparing a claim for the recovery of wages.
It is important to pay attention to the fact that there is a legally defined deadline for collecting wages along with such a concept as limitation. All employed citizens should know their features in order to clearly know how to act in such situations.
So, if a person still has an employment relationship with the organization. But there was a delay in the payment of wages, it is necessary to immediately draw up applications to the bodies that are competent in this matter - the prosecutor's office, labor inspectorate, court.
If the employment relationship was completed, but during the dismissal the employee did not receive the payments due to him, it is necessary to remember the statute of limitations - the collection of wages in court is possible only for three months. Extension of this period is possible, but only if a person has a valid and documented valid excuse. The countdown of the statutory period begins when the employee finds out that his rights have been violated. Usually the starting point for the statute of limitations is the date of termination.
It is important to pay attention to the fact that if a claim has been filed for the recovery of wages, but the employment relationship continues, then the violation is “lasting”, so the countdown does not begin. This is because the employer is obliged to pay the salary due during the period that the employment contract is in effect.
Another important feature is that you can file a claim for the recovery of wages only in relation to official, so-called “white” payments. You can count on the part of the amount that was previously received “in an envelope”, but only if the employee himself can really prove the existence of this part and the payments made earlier. Moreover, the testimony of witnesses cannot be such evidence in the course of the proceedings.
Procedural features of litigation
There are many procedural features in relation to labor disputes for situations where there is a non-payment of salaries:
- When filing a claim for the recovery of wages, payment of state duty is not required.
- The defendant must prove his case, but not the plaintiff (employee).
- If the fact of untimely payment is proved, then the employer is automatically held responsible for paying compensation for the use of funds. Its value should be no less than 1 / 300th of the current refinancing rate established by the Central Bank.
- In case of non-payment of salaries, additional compensation for non-pecuniary damage is possible.
- When making a decision on the need to pay an employee’s salary, it must be executed immediately.
- You can see the sample and apply for the collection of wages in a district court, focusing on the location of the organization - the employer.
Most often in court, the following problems are resolved, which entailed the need to collect wage arrears through the court:
- the amount of the laid salary is not fully indicated in the current employment contract;
- improper registration of labor relations between the parties - initially the court will recognize the contract as concluded (for this it will be necessary to confirm the real labor relationship);
- the employer has ceased its activities (for such cases, a petition is filed for the arrest of the accounts of the organization in the amount of debt to the employee).
It is important to pay attention to the fact that the current Criminal Code provides for criminal liability for non-payment of salaries.
Typically, litigation over the payment of due salaries is extended for a long period. Therefore, if an employee seeks help from a representative, then payment for his services should be one of the stated claims in the proceedings.
Deadlines for filing a claim
In order for an appropriate decision to be issued in a court order to collect wages, it is necessary to file an application with the court in a timely manner, taking into account the established statutes of limitations.
So, in modern civil law, a general statute of limitations is established, which is equal to three years. That is, a person can count on the protection of his rights in court for three years from the moment when their violation actually existed. If there are good reasons, then the statute of limitations is extended.
Along with the average statute of limitations, the current legislation establishes a number of special terms relating to the solution of problems under labor legislation:
- if necessary, recovery of wages - 3 months;
- when resolving disputes regarding dismissal - 1 month.
Modern civil law establishes certain limitation periods for each type of lawsuit.
When submitting a written application to the court in person, the deadline for its submission will be determined by the date of its receipt by the court. For cases when the corresponding application is sent by mail, the filing date of the application is determined as the day it was received by the employees of the liaison office.
Statement of claim for non-payment of salary
The current civil code indicates the need for substantiation of claims in court. Therefore, when submitting an application to the court, the employee must indicate his requirements, as well as justify their occurrence. Existing evidence should be provided here.
So, the employee must submit such papers to the court without fail:
- a copy of the employment contract with the organization or a copy of the work book;
- certificate of the total duration of work at the enterprise;
- a copy of the order of dismissal or of employment, for cases when the employment relationship at the time of the trial continues;
- certificate of payment or non-payment of wages;
- certificate of accrual and actual payment to the appropriate insurance premium funds;
- other documents.
Almost all of them can be obtained from the employer. This may require a written request - a reply must be given to it without fail. Moreover, all requested papers must be prepared no later than within three days from the date of submission of the corresponding request. This is required by the Labor Code.
If, at this stage, the employee has difficulties, then the prosecutor's office or the labor inspectorate can help with obtaining all the necessary papers, so you need to contact them directly.
Statute of limitations for salary issues
The current Labor Code establishes a specific period for filing an application with the court for non-payment of salaries due. It is slightly larger than for other labor disputes.
So, if a person has not received some amounts in the framework of wages, he can go to court within a year.
Moreover, even if the deadlines are missed - this will not be a reason for rejection of the statement of claim. True, the employer, for its part, has the right to petition for the termination of the consideration of the case due to the expiration of the statute of limitations. But the plaintiff can also petition for its extension, citing certain good reasons.
In the modern world, labor disputes have long ceased to be a rarity. In order to quickly solve the problem, you cannot postpone filing an application. For starters, it is advisable to consult experienced labor lawyers. He will identify specific violations, help draw up a statement. Often, the problem of formalizing official documents finds a pre-trial solution, as employers rarely wait for a formal court decision.