If there are any clashes with the authorities, many do not know what to do. The employer does not pay salaries or delay them - what is the right way to do it? What scenarios can be considered in Russia? How can one deal with non-payment of earnings? This situation has been more and more recently. Therefore, you should be aware of what measures under the law are allowed subordinates. After all, all labor must be paid.
The law does not always apply
To begin with, one interesting fact will have to be clarified - the legislation of the Russian Federation does not always work. Not in all cases, an employee who is left without a salary is legally capable of achieving justice.
Unfortunately, unofficial employment is now practiced in Russia. In this case, to think about what to do if the employer does not pay wages on time, in fact, there is no need. There are not so many legal ways; in practice, they in most cases fail. But with official employment, you can use several tricks.
Criminal case
It should be noted that the country's labor legislation protects all subordinates. By law, all work must be paid on time. Small delays are possible, but they are best avoided.
What to do? The employer does not pay salaries! If such situations recur again and again, and are also massive, it is recommended to complain. Employees who were left without earnings are able to simply file a corresponding complaint against their boss. And then a criminal case will be instituted against the latter. A trial will follow, at the end of which the employer will be forced to compensate the damage caused to the personnel.
Sole
What if the employer does not pay wages on time? It all depends on the situation. What to do when specific subordinates are left without earnings? Or in general, only one employee did not receive payment for the work done?
In this situation, you will have to act in the same way as with collective delays. The employer is required to write a complaint, which should be considered in the near future. And then start a criminal case against the boss.
The only difference in this situation is that there is more attention to collective complaints. Most likely, the only statement left by one or another subordinate will not be paid attention. Or the chief who is not fulfilling his obligations will be reprimanded and given a warning.
Keep working
What to wish if the employer does not pay salaries? By law, citizens must file a complaint. But reality and established rules often diverge. The people have their own rules of conduct in one case or another.
The delay in salaries is a phenomenon that has not surprised anyone in Russia for a long time. Many advise just to keep working. Sooner or later, the employer will have to fulfill his obligations. If not, it is only after a long period of delay that it is recommended to contact one or another instance to initiate a criminal case.
Therefore, the people's council is to continue to work and hope for the integrity of the employer. Such a measure is designed, rather, precisely on the conscience of the boss. It does not bear real effectiveness.
Strikes
The next measure is strikes and access to various demonstrations. Typically, this phenomenon occurs when people think about what to do if the employer does not pay a salary of 3 months or more. Indeed, such delays, especially massive ones, are a gross violation.
Usually, going out to strikes and demonstrations attracts public attention. And, as a rule, accelerates the action of the prosecutor's office. The collective complaint left in this case will be considered as quickly as possible. Yes, and the employer, delaying wages, may be afraid of excessive attention to his company. The consequence will be the resumption of the issuance of earnings. Not always, but it happens.
I will not go to work
Not all subordinates who have faced a violation of rights are aware of what to do. Does the employer not pay salaries? In addition to strikes, demonstrations, and other ways of attracting public attention, there is another, more effective way. Especially when it comes to massive delays in earnings. In isolated cases, the proposed measure is usually not particularly effective.
The thing is that citizens have the right to refuse to perform their duties when they are not paid for a long time. What if the employer does not pay a salary of 2 months or more? In this case, it is allowed not to work. The resumption of labor occurs according to the law after the boss has repaid the full amount owed to the staff. Or by their agreement among themselves.
By the way, the right to refuse to work is granted to employees if earnings have been delayed for 15 days. It turns out that you do not even have to wait a month to go to extreme measures.
Without formality
But what if the employer does not pay salaries? Without a contract or any other sign of formal employment, it will be very difficult to prove that the boss owes something to his subordinates.
For this reason, several scenarios are proposed:
- Continue to work and rely on the integrity of the boss. Maybe when the employer has money, the employee will be able to receive the money laid down for the work performed.
- Quit. More precisely, to cease to fulfill their duties. At the same time, it is highly likely that the employer will simply find a new person who has refused to work. And he will forget about debt - after all, unofficial employment does not give any guarantees of wages.
- Look for evidence of work performed, and then file a complaint with the boss. Perhaps the most logical, but problematic move. The subordinate will have to prove that he worked for the company. In this case, it will be possible not only to knock out earnings, but also to force the chief to explain why the employee was not officially registered.
How to act? Each citizen decides this independently. In practice, denial of work is common. The easiest way, although it is not able to restore justice. But you do not need to think what to do if the employer does not pay a salary for more than two months.
Where to go for help
And where should I go for a delay in wages? This question is also not clear to everyone. There are several instances in which subordinates should complain. It all depends on the situation, but the following list of bodies is usually offered:
- labor inspection ;
- prosecutor's office;
- court.
At the very beginning, it is recommended to file complaints to the very first instance. Especially if payment delays are small and not too long. For example, 15 days. But in extreme cases, citizens communicate in court.
Dismissal
What if the employer does not pay salary upon dismissal? The Labor Code of the Russian Federation indicates that the boss is obliged on the day of termination of labor relations to settle accounts with his subordinate and issue him a work book. When the frame was absent at the moment of the entry into force of the dismissal order , all payments are made the day after the former employee applied for the calculation.
What to do when these rules are not respected? It is recommended to act in exactly the same way as it was suggested earlier - to file a complaint with one or another body. Dismissed cadres are preferable to send a corresponding application to the prosecutor.
It is important to remember - the limitation period from the date of termination of employment is 3 months. This means that it is during this period that you can file a lawsuit or complaint against the employer. Hurry up! Otherwise, the right to receive legal wages upon termination of employment is lost.
Documents for circulation
Now it’s clear what to do. Does the employer not pay salaries? Then you can wait 15 days, after which you can file a complaint with one or another authority, and also refuse to do the work. At the same time, they cannot dismiss an employee - the legislation of the Russian Federation provides for such a measure. And it can continue, as has already been said, until the boss makes a full calculation with his subordinates.
What documents will be required to translate ideas into reality? For example, if you want to go to court. Then the employee must present:
- statement of claim with details of delayed payments;
- a copy of the work book ;
- employment order;
- agreement with the boss;
- identity cards of plaintiffs;
- statement of the current account as evidence of the absence of a salary transfer;
- payment sheets for the past time (optional);
- response from the Labor Inspectorate (if any);
- testimony (if any).
Many people wonder whether it is necessary to pay the state fee for filing a lawsuit. Employees should not do this. Therefore, no additional receipts are needed. In fact, the lawsuit is free.
Reporting to the prosecutor
From now on, it’s not a mystery what to do with a delay in wages. It became known what to do. Does the employer not pay salaries? The statement of claim will help! It is important to remember that the prosecutor must be informed about the violation of labor rights without fail. Especially when it comes to dismissal. When employees are simply delayed in earning, the most effective measure of influence on the boss is a statement of claim.
And what can come in handy? The list of documents required for applying to the prosecutor's office on issues of wage delay is approximately as follows:
- dismissal order;
- identification;
- work book (copy);
- several payrolls in recent months;
- extract from the personal account;
- complaint against the employer.
The terms of circulation have already been said. In fact, if you know how to defend your rights correctly, you can achieve justice. Now in Russia pay special attention to debts to employees. Many employers have already faced criminal penalties and fines. The main thing is not to be afraid to assert your legal rights. With the right preparation and knowledge of labor law, justice can be achieved and even the required funds recovered. The exception is unofficial employment. The employer does not pay salaries - what to do? It’s not so difficult to answer now!