According to the law, the employer is obliged to pay wages to his subordinates. twice a month. In this case, it is necessary to adhere to the specific deadlines that are prescribed in. But, not all bosses comply with these conditions, and they issue funds to employees out of time.
In the event that the salary is delayed - what to do, where to turn?
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The rights of the worker in case of delay in wages
For how many days can wages be delayed? Based Article 142 of the Labor Code Russian Federation, the employer is allowed to delay the issuance of for fifteen days, but no more than that.
If this period has passed, then the worker can freely assert his rights. He may, for example, not go to work until he receives his earned money in his hands. But for this you need to notify the employer in writing.
The worker can draw up, which contains wage claim, and send it to the manager. It is necessary to issue an application in two versions: one is sent to the manager, and on the second, let him put his signature and this copy remains with the employee as evidence that the employer was aware.
If the manager does not want to accept the application, as well as put his signature, then the employee must send the document registered mail with notification, as well as a description of the attachment.
At the time of suspension of the performance of his work, the worker may be absent from work.
At the same time, the salary of the employee is maintained at an average size.
If the employee was not at work during this period, then he will have to resume his labor activity when the next day after receiving the message from the manager on the transfer of delayed funds on the day the worker goes to work.
If the employer does not want to pay wages on time, then this circumstance falls under the article 5.27 of the Code of Administrative Offenses of the Russian Federation.
This punishment is not considered too severe, but if the employer commits it a second time, he will pay up to twenty thousand rubles. In addition to the fine, officials will not be able to be leaders for three years. For legal entities, penalties also increase, and will be equal in this case to seventy thousand rubles.
To oblige the head to bear administrative responsibility, you need to go with a statement to the labor inspectorate the area where the organization is located. It is also possible to issue a fine through the court.
If the manager does not pay salaries to his employees for more than three months, then criminal liability follows, that is, imprisonment for up to five years.
What should an employee do?
An employee who is not paid a salary in a certain period can immediately begin to protect his interests.
The worker can complain to the labor inspectorate the area where the organization is located.
This must be done at the very beginning of the violation of the employer, thus wages can be received faster.
Write to the labor inspectorate statement, which is drawn up in an arbitrary form. At the same time, certain violations of the rights of the worker should be mentioned in the document. This violation is considered to be the late payment of wages, as well as the period of delay and the due amount.
If everything remains unchanged at the end of 15 days, then the worker may legally not perform his job duties until the violation is corrected. At the same time, it is necessary to inform the employer about this fact, and in confirmation of your rights, you can present article 142 of the Labor Code.
It must be remembered that civil servants and those workers who are engaged in hazardous equipment cannot stop their labor activity, as well as if the work is related to the maintenance of the life of citizens.If an employee decides to suspend the performance of his official duties, then he can immediately write an application to the court for the recovery of salary debt from the head, as well as compensation for its non-payment on time.
Before filing a claim, it is necessary to determine whether wages have been accrued. This is necessary for the reason that if there are no disputes over the presence of debt, then there will be no court hearing, because. Writ of execution will be issued immediately after application.
If the employer delays the payment of wages for three months, then the employee can write a statement (complaint) to the police or the prosecutor's office. At the same time, the violation is determined by Article 145.1 of the Criminal Code.
Download the sample application to the prosecutor's office for free.
Where can I complain about salary delays anonymously?
If an employee wants to write a complaint about non-payment of salary on time, and at the same time remain anonymous, then this can be done. To do this, you must contact the labor inspectorate and ask for privacy.
At the same time, the name of the employee who addressed him with a complaint will not be reported to the manager.
If the inspector violates the confidentiality rule, the employee can sue him.
Delayed salary - what to do? Watch the video clip:
