Labor relations are regulated by law. The government protects workers and obliges company founders to pay their labor on time. Some companies, contrary to the regulations, miss the deadlines for issuing wages to employees, greatly delay them or do not pay them at all under various pretexts. When the delay is several days, this is acceptable. But often employees and workers receive no money at all for weeks or months.
Where to complain and what to do when wages are delayed? There are organizations that protect the interests of workers. But is there a way to be guaranteed to receive the money earned if your company cannot fulfill its obligations or uses legal tricks?
What to do if the employer does not pay wages
Based on the Constitution (Article 37) and the Labor Code of the Russian Federation (Article 136), the employer is obliged to pay the labor of hired workers and pay wages within the time limits provided for by law.
Acceptable periods of salary delays
Circumstances may arise such that the employer does not pay wages due to circumstances beyond his control. Article 136 of the Labor Code of the Russian Federation states that salaries should be paid at least twice a month . The days for issuing monetary remuneration are different in each company (regulated by internal regulations), and the law clearly states that you can complain or hold the employer accountable if payment is delayed even by 1 day .
There are two concepts: delay and non-payment of wages. The first concept is limited in the Labor Code to a period of 15 days. If the delay period exceeds this mark, we can talk about non-payment. If an organization does not pay wages for more than 60 days, you can complain to the prosecutor’s office and go to court with a lawsuit.
If you want to get paid or punish the owner of the organization, you will have to act on your own behalf. You can only anonymously receive advice on the rights of employees in accordance with the Labor Code of the Russian Federation.
The Labor Code provides for ways to protect an employee in case of delays in payment. The following options are available:
- The right to self-defense.
- Contacting the trade union.
- Complaint to the labor inspectorate.
- Going to court.
- Application to the prosecutor's office.
Let's take a closer look at each possibility.
What problems do Russians face when paying for wages?
Common problems in the field of remuneration are associated with the refusal of the employer:
- pay wages on time;
- pay the entire amount under the contract;
- compensate for forced downtime in production, production of defective products;
- compensate for overtime work, combining positions;
- pay vacation funds to an employee with a “gray” salary.
This is by no means an exhaustive list of problems that workers face.
Who should I call about a delay?
If you want to receive accurate and up-to-date instructions on what to do and where to go if your salary is delayed, call the toll-free hotline number at RosTrud: 8 800 707 8841 . The specialist will give a full set of instructions in order to force the employer to pay wages on time, and explain what documents are required to apply or file a complaint. You can submit an appointment to the territorial division of the selected organization.
The law does not establish a mandatory form of appeal for citizens in case of delay in payment of wages. But authorities can initiate inspections of officials or organizations based on a complaint only if there is documentary evidence, that is, your written statement. It is not possible to submit a complaint anonymously; inspections are always targeted; you must leave your passport and contact information, indicate your place of work, and provide an employment contract. The employer will not be told all this.
Responsibility of the director if he pays what is due
The law provides for fines for wages not paid on time:
- Officials and entrepreneurs will pay from 1000 to 5000 rubles.
- Organizations such as legal entities will give from 30,000 to 50,000 rubles.
- If the law is repeatedly violated, the official is disqualified for three years.
In case of non-payment of wages in full for more than two months, the legislation provides for the following penalties:
- Fine from 100,000 to 150,000 rubles.
- Criminal liability for up to 3 years and deprivation of the guilty person the right to work or the opportunity to work in certain positions for three years.
Even if there is a delay in paying income to employees through no fault of the enterprise, the employer must pay compensation to the employees. He too may be held accountable.
Absenteeism due to delayed salary
When you encounter such a problem, you need to address the issue directly to your boss.
If wages are not paid for more than 15 days, you can demand immediate payment of the salary and write a warning about absence from work due to non-payment of wages (Articles 379 and 142 of the Labor Code of the Russian Federation) .
It is important to protect yourself so that the administration cannot turn your protest into a form of routine absenteeism and formalize your dismissal. Example of a notice of suspension of work due to non-payment of salary.
The written notice must contain a justification for the intention to absenteeism from work. You inform that the next day after repayment of the debt you are ready to begin further performance of duties under the employment contract. You need to write an application in two copies. Use the second complaint with a note that yours has been accepted for consideration as a defense if the administration decides to fire you for protesting. As an insurance policy, you can also send a warning by registered mail with acknowledgment.
You can only miss work from the next day after management receives your warning letter.
The next day after receiving the debt, you must report to your workplace. During absence from work, the company must also accrue wages. Employees employed in the following areas do not have the right to suspend work due to delays in wages:
- maintenance of life support systems (heat, energy, gas supply, communications, emergency or emergency medical care, etc.);
- hazardous production facilities;
- government agencies;
- all employees who find themselves in the territory of an emergency or martial law;
- fire, emergency, search and rescue services, armed forces, etc.
The warning letter about absenteeism and any documents that insure you in the eyes of the labor code must be certified by the employer or the person in charge. Require a signature and/or seal!
If you take the necessary precautions, absenteeism from work due to non-payment of salary is quite safe from the point of view of dismissal or sudden fines. But when giving an employer such ultimatums, you need to be prepared for a quick job change.
Trade union organization
This association performs not only supervisory functions. The organization acts in the interests of employees and assists the employer in monitoring compliance with labor laws. The trade union provides:
- protection of employee rights;
- control over compliance of document flow and labor relations with regulations;
- assistance in identifying inconsistencies with the Labor Code and solving problems before involving third-party supervisory authorities.
A trade union organization will help you stop work correctly and file the necessary appeals.
Not every area has a trade union, although the employer does not have the right to prevent the organization of such an association (Article 21 of the Labor Code of the Russian Federation) . If your company has a union, seek support.
The powers of the trade union organizer include protecting the rights of full-time employees. Article 370 of the Labor Code determines that trade unions have the right to conduct inspections and control over compliance with labor regulations (working conditions, wage payment schedule, etc.). The association has the right to draw up inspection reports. Officials are required to provide reporting documents at the request of trade union representatives.
Members of the trade union, when identifying violations of articles of the Labor Code of the Russian Federation, have the right to demand that management impose disciplinary or administrative penalties on the perpetrators. To do this, a requirement to eliminate violations is drawn up. 7 days are allotted for consideration of the appeal and correction of violations.
The responsibility of officials for obstructing inspections is defined in Article 5.27 of the Labor Code of the Russian Federation (disciplinary and administrative measures of restraint are provided for).
In a situation where there is no trade union, and the employer does not pay wages to all employees on time, it is necessary to unite and write a collective complaint. When peaceful methods do not produce results, it is time to write an appeal to human rights organizations, all at the same time, or one.
State Labor Inspectorate
This organization was created to comply with labor legislation regulations and supervise the implementation of the Labor Code of the Russian Federation. There are no specific templates for drawing up an application to the inspectorate. You can submit your appeal in free form, indicating your contact information and the exact name and location of the company where you work.
Sample complaint about non-payment of wages, compensation for vacation and interest for delay.
The appeal can be submitted on the official website of the civil service (https://www.rostrud.ru/) or delivered by mail. The nearest territorial unit and inspection contacts can be found through this service: https://www.rostrud.ru/inspections/
Based on the complaint received, the labor inspectorate will visit the company, conduct an inspection, and determine the need for sanctions (if violations are detected). Labor inspectors will issue a demand to the violator to correct the violations. If the employer ignores the instructions, the State Tax Inspectorate can independently transmit the information to higher supervisory government agencies. If the labor inspectorate does not take active action, the fact of the appeal will become additional support in court.
Service employees will help you draw up a statement of claim and prepare a package of documents for trial. If there are frequent violations of salary payment deadlines, contacting the inspectorate may initiate an inspection. To resolve a dispute regarding the amount of debt, you need to go to court.
Court with the employer
Specify which court to send the claim to by phone - the clerk will tell you the number of the court district related to your address or the address of the defendant.
To claim money earned, you need to draw up a statement of claim (sample), set out the facts, evidence of the employer’s unreliability. To confirm your right to receive a salary, you must present an employment contract, payslips, and other available documents.
Along with the main debt, you have the right to demand compensation: (The amount is calculated using the formula: 1/150 of the Central Bank rate * amount of debt to the employee * number of days of delay) .
After submitting your application, you will receive a message in writing, by phone or e-mail about the appointment of a date for consideration of the case, or a ruling with a requirement to supplement the application with documents. Detailed calculation of compensation for delayed salary
Read more about calculating compensation for delayed wages and legal subtleties in this article.
You need to know what to do if you don’t get paid after you quit. The former employee does not have much time to resolve the issue peacefully. By law, a former employee can recover wages from the company within 90 days of the date of termination. If you have been waiting for a payment for more than a month, you can complain to the labor inspectorate in addition to appeals to other authorities. Immediately file an application with the court and a complaint with the prosecutor's office.
When filing a claim to recover wages, the plaintiff is exempt from paying state duty.
A collective appeal to the court, if the salaries of all employees are delayed, can provoke the company to be declared bankrupt. This situation will turn against those who did not file a claim. A bankrupt company may not pay wages to employees if there are insufficient assets to pay off debts. In such a situation, regulation of the order of debt repayment comes into play:
- payment under writs of execution (for compensation for harm to health, alimony, wages);
- payment according to payment documents.
- In other words, those employees of the bankrupt company who filed a lawsuit in court and received a court decision in favor of the plaintiff will receive first of all.
Can I file a complaint anonymously?
Some employees, fearing sanctions from the employer for filing a complaint with regulatory authorities, want to file it anonymously. But this is impossible to do.
The law regulating the reception of citizens' appeals requires that each appeal contain information about the sender - his full name, address, contract information. If a complaint is submitted anonymously, it will be considered inappropriate and will not be considered.
Filing a complaint via the Internet also eliminates anonymity. In this situation, you must either also provide information about yourself or use the State Services portal for authorization.
Attention! However, the law makes it possible to keep your application secret from the employer. The employee has the right to indicate in the application that he requests that his identity not be disclosed during the inspection.
Contacting the prosecutor's office
The last authority to contact if the employer has not paid wages for a very long time and the violations contain signs of a criminal offense. Most often, these are particularly advanced cases that do not occur very often. As a rule, it is not ordinary employees who apply to the prosecutor’s office on issues related to labor in Moscow.
This supervisory body is authorized to conduct inspections based on requests from citizens. If you come and file a statement that the employer does not pay wages and has seriously violated the law, an inspection will be scheduled within 30 days.
It is not necessary to go to the prosecutor; you can work with this authority remotely. Compose an application (sample) and send a letter by mail.
Based on the results, a decision will be made to initiate or refuse to initiate a criminal case. If a violation is detected, the employer will receive a notice obliging to pay the employee(s) wages. The amount of punishment and qualification of the violation (administrative or criminal) may be different; the prescribed preventive measures are highlighted in a separate chapter below.
If you are not paid or your salary is constantly delayed, do not be lazy to leave a review of the employer! This way you will help open the company’s reputation and avoid being deceived by other people.
What is the responsibility for disclosing information about the applicant?
Current legislation does not provide for either criminal or administrative liability for government officials who disclose the applicant’s data. In addition, it is worth understanding that the request to maintain confidentiality is not always feasible in practice. Even if the inspection officer fulfills the applicant’s request, when conducting an inspection, he requests documents, a list of which can easily reveal the identity of the complainant.
In order to protect his rights before the employer, an employee who finds himself in a difficult situation will have to choose:
- send anonymous requests to the department with the expectation that they will be considered;
- be ready to argue openly with the employer, prove you are right, but lose your job;
- seek the services of a qualified lawyer.
