The question of where to go if the salary was delayed is still relevant, despite the rigidity of legal regulation in labor legislation. The Labor Code of the Russian Federation in article 21 gives a clear idea of the rights of workers to receive timely payment for their labor. The enterprise management is obliged to develop a local act, establishing in it the procedure for settlements with employees according to the actual hours worked.
Obligations from the Labor Code
The Labor Code of the Russian Federation obliges employers to pay off employees on time. In addition to the basic salary, they must provide additional payments provided by the company to stimulate labor productivity or statutory.
The standard includes payment:
- vacation pay;
- severance pay;
- settlement.
So that employees do not have questions about where to go if they delayed their salaries, they should be paid on time. The law does not provide circumstances for violation of deadlines, regardless of the form of ownership of the organization.
Normative regulation
Article 22 of the Labor Code of the Russian Federation approved the requirements for company executives to provide employees with pay for work equivalent to their employment, these indicators should be indicated in local acts. Where to go if you have delayed your salary - to the documents, you need to study the deadlines set by:
- employment contract;
- regulations on payment for labor activity;
- bonuses;
- work schedule.
The management of organizations of any status is obliged to rely, while developing internal orders, on labor and federal legislation. Failure to comply with the norms established by legal acts is fraught with personal liability of directors. Employees should not have questions about where to go if they delayed their salaries.
The on-site employer must:
- eliminate a similar problem;
- avoid delays in the payment of money;
- become the guarantor of timely settlements.
The director will be responsible for each violation of the law to the legal and fiscal authorities. Workers will easily find what to do and where to go if they are delayed. It:
- prosecutor's office;
- labor inspections;
- courts of law.
A whole network of legal departments, legal organizations will assist them.
Terms for transfers
Article 136 of the Labor Code approved the Regulation on Remuneration of Labor, where it established 2 salaries per month, the concept of “advance” disappeared from the economic vocabulary. The law provided the employer in the local act to divide the 30-day period into 2 parts, as it suits him, did not limit it to certain dates. For special payments, there are rules that should not be violated.
What to do and where to go if the salary is delayed? First of all, you need to know what is considered a violation of the law:
- The Labor Code of the Russian Federation in article 136 states - 3 days are given for the transfer of vacation pay to the financial department.
- The Labor Code of the Russian Federation by article 140 approved the rules for the issuance of settlement - on the day of the last working out.
- The Labor Code of the Russian Federation, article 140, discloses the provision on settlements with employees on severance pay in the event of a staff reduction or liquidation of an enterprise — on the last shift.
There can be no excuse for the employer regarding funds not paid by people. Adverse consequences will occur without fail, you will have to pay off not only salary arrears, but also moral damage.
Are salary delays allowed?
Where to go if delayed salary at work? The answer depends on the delay. The law does not allow any delays in payments. It should take into account the time from which the punishment for the employer will follow. This period governs the conditional installation for a minimum period of non-payment.
The Labor Code of the Russian Federation in Article 142 states that an enterprise can be punished 15 days after the arrears of wages are formed. Why complain somewhere if management paid a debt to workers with a 10-day delay? For the organization in this case, no negative consequences will occur.
Production is a complex structure, many processes are interconnected and do not depend on the founders of firms. Where to go if the employer delays the salary for reasons beyond his control? It happens that the products are shipped as intended, but the partner did not transfer the payment and the salary account at the bank to zero. It all depends on how regularly delays occur, if this is a special case, perhaps the workers will understand the production troubles and without any complaints they will wait for the salary. Otherwise, the manager will have to answer for the delay due to the inevitability of legislative provisions, regardless of the rationale.
Management Impacts
It is clear that the law is always on the side of the working people. Where to start, where can I go if you delay your salary in excess of 15 days, approved in the schedule of the enterprise? The Labor Code of the Russian Federation in article 142 allows to stop work at the legislative level. To do this, you must complete all the formalities established by law - to inform you in writing of your intentions. The transfer of such notice to the head of the head will serve as a basis not to be dismissed for violations in the work schedule, absenteeism.
The procedure for stopping production processes
What to do if the salary is delayed? Give a written notice to the supervisor about the shutdown. The document consists of 2 copies, each should have:
- paper acceptance date;
- decryption of the name to whom the message was sent;
- employee's position.
Notification Content:
- Who the description is for
- F. I. O. compiler;
- official position;
- reason for stopping production activities.
At the end of the notice put a signature and date of execution. Such paper means that the applicant warns of his exit to the workplace on the day of full settlement.
Prohibition to stop work
The law prohibits the cessation of duties in some situations, even with a delay in salary. There is a special list of works and cases:
- martial law in the country and emergencies during man-made or natural disasters;
- activities in military enterprises that are designed to protect state security;
- liquidation of damage after an emergency;
- conducting search and rescue activities;
- service in the Ministry of Internal Affairs, Ministry of Emergencies;
- hazardous production;
- public service;
- activities of structures responsible for human safety and health.
A person who works for an ambulance or is, for example, a gas service fitter, cannot leave his workplace, since the life and well-being of the population depend on his work. You can choose other ways of influencing your employers.
How to hide your name?
Not all settlements have a wide range of jobs. When a citizen finds a job, he is afraid of losing it, suffers delays in payment. There are departments that adequately perceive confidential complaints. If you are being delayed, where to contact anonymously? The Labor Inspectorate guarantees non-disclosure of the applicant's name. An audit will come to the organization, which will carry out an inspection on settlements with hired personnel, identify violations that will entail subsequent legal impacts on management. For the procedure, you must write and file a complaint.
Example No. 1
Claim for the employer
Legal authorities at any level of jurisdiction welcome a peaceful settlement of the dispute. On behalf of one employee or team, a claim is filed in the name of the head of the enterprise with the requirements set if the employer delays the salary. For weight in the text of the document you need to make a link to the legislative article confirming the right of the employee to receive payment for his work on time. If there is no reaction from the side of the document to the document, it means that he will have to wait for a visit from the labor inspector with a subsequent trial. Pre-trial settlement of the conflict is welcomed by the court.
What do Muscovites do?
When the salary is delayed, where to go in Moscow? The legislative order is the same everywhere and does not depend on the region. Workers may seek help from the prosecutor. To do this, find out:
- Reception hours for the population in inter-district prosecutor's offices, for example, in Babushkinsky, Basmanny district at ul. Boris Galushkina house number 15 or in the alley Maliy Kharitonevsky number 1/44;
- leave a request for an employee.
Example No. 2
The prosecutor hears the situation, familiarizes himself with documentary evidence from the following:
- employment contracts;
- payment sheets of previous months;
- bank statements;
- will satisfy the request in the statement.
Example No. 3
After the prosecutor’s check, with the reliability of the data, administrative proceedings will be instituted, the claim will be sent to court. Based on the court decision, work will begin for the bailiffs to collect the debt.
Labor control feature
In Moscow there is a hot line of the Labor Inspectorate. You can call the phone number listed on the official website, or fill out an electronic form. It is necessary to reflect in the graphs the data indicating:
- name and surname;
- telephone number;
- The name of the organization to which the complaint is directed.
Within 2 hours, the application will be reviewed and a response will be received indicating the measures taken regarding:
- protecting the rights of workers;
- defaults or delays in salaries;
- illegal actions by managers;
- lack of social security payments.
Employees of the institution during their activities helped to restore unfairly dismissed citizens, recovered even “black” and “gray” salaries from the accounts of managers.
What is the difference between laws in the Republic of Belarus?
If we analyze the Russian and Belarusian legislative acts, ask where to go if the salary is delayed in the Republic of Belarus - there are no differences in directions, and the difference in laws is only in numbering. According to the Labor Code of the Republic of Belarus, article 57 says that wages are:
- remuneration for employment;
- the employer must pay the employee on time.
The amount of payment depends on:
- complexity of work;
- quantity;
- quality;
- working conditions;
- qualifications of specialists;
- time worked.
The Labor Code of the Republic of Belarus in article 55 established the obligation for the management of companies: to issue salaries within the period established by law and prescribed in the contract. As a peaceful settlement, you need to send a statement to the employer with the indicated claims. If this method does not affect the employer, this will leave a documentary mark. According to article 51 of the Labor Code of the Republic of Belarus, it follows that the employer must provide the employee at his request with information within 5 days:
- certificate of employment and position;
- indicate the period worked out in the organization;
- reflect the size of the salary or tariff rate;
- write out all payments for the last year.
This document is necessary for contacting legal authorities. Before visiting the prosecutor’s office or the court, it is necessary to start searching for help in the labor dispute committee or trade union, if they operate in the enterprise. Influential government departments for resolving conflicts related to overdue salaries are the Department of Labor and the KGC in the form of a monitoring committee.
Both the Russian and Belarusian courts are calling for pre-trial settlement of disputes. Many employers are not interested in litigations, prosecutorial checks, inspectors' invasions, find money and pay employees for 15 days. Others use all methods, including reorganizing and changing the name of the company, in order to avoid costs such as salaries to employees. In any case, a struggle will be faced with an unscrupulous leader, and the employee will have a long and unpleasant process with the proceedings. Lawyers advise not to abandon the intention to pick up a salary, even if it is a small amount. It is possible that it is calculated that the worker will leave, and another will come in his place to carry out a free volume of work.