What to do if the employer does not pay wages. If the SP does not pay wages. Who and where to call if wages are delayed

Mikhailovsky Yuri Iosifovich(03/12/2014 at 21:57:25)

Good evening! This is illegal, you can apply with Applications to the State Labor Inspectorate of your region, the Prosecutor's Office and the Court (no state duty is charged) about which you can tell the IP. You can refer to the testimony and the Resolution of the Plenum Russian Federation dated March 17, 2004 N 2 "On the application by the courts of the Russian Federation of the Russian Federation". All Applications can be sent by certified mail with notifications. For information: Article 80 Labor Code Russian Federation. at the initiative of the employee (). On the last day of work, the employer is obliged to issue to the employee other documents related to work, at the written request of the employee, and make the final settlement with him. Article 236 of the Labor Code of the Russian Federation. employer for the delay in payment of wages and other payments due to the employee If the employer violates the established deadline, respectively, for the payment of wages, vacation pay, payments upon dismissal and (or) other payments due to the employee, the employer is obliged to pay them with the payment of interest ( monetary compensation) in the amount of not less than one three hundredth of the current refinancing rate Central Bank the Russian Federation from the amounts not paid on time for each day of delay, starting from the next day after the due date of payment until the day of actual settlement, inclusive. The amount of monetary compensation paid to the employee may be increased by a local regulation or. The obligation to pay the specified monetary compensation arises regardless of the fault of the employer. Article 237 of the Labor Code of the Russian Federation. caused to the employee, caused to the employee by unlawful actions or inaction of the employer, is compensated to the employee in cash in the amount determined by agreement of the parties employment contract. In the event of a dispute, the fact of causing moral damage to an employee and the amount of its compensation are determined by the court, regardless of the property damage subject to compensation. Article 391 of the Labor Code of the Russian Federation. Consideration of individual disputes in courts Individual labor disputes are considered in courts at the request of an employee, employer or trade union protecting the interests of the employee when they do not agree with the decision of the commission on labor disputes or when an employee goes to court, bypassing the labor dispute commission, as well as at the request of the prosecutor, if the decision of the labor dispute commission does not comply with other acts containing norms. Directly in the courts, individual labor disputes are considered on the basis of applications: an employee - about, regardless of the grounds for terminating the employment contract, about changing the date and wording of the reason for dismissal, about transferring to another job, about payment for the time of forced absenteeism, or about paying the difference in wages for the time of execution lower-paid work, illegal actions (inaction) of the employer in the processing and protection of the employee's personal data; employer - on compensation by the employee for damage caused to the employer, unless otherwise provided. Individual labor disputes are also considered directly in the courts: about; persons working under an employment contract with employers - individuals who are not individual entrepreneurs, and employees religious organizations; individuals who believe they have been discriminated against. Article 392 of the Labor Code of the Russian Federation. Terms for resolving an individual labor dispute An employee has the right to apply to the court for resolving an individual labor dispute within three months from the day when he learned or should have learned about the violation of his right, and in disputes about dismissal - within one month from the date of delivery to him copies or from the date of issue of the work book. The employer has the right to apply to the court for disputes on compensation by the employee for damage caused to the employer within one year from the date of discovery of the damage caused. If, for valid reasons, the deadlines established by the first and second parts of this article are missed, they may be restored by the court. Article 393 of the Labor Code of the Russian Federation. Exemption of employees from When applying to the court with a claim arising from, including non-fulfillment or improper fulfillment of the terms of an employment contract that are of a civil law nature, employees are exempted from paying duties and court costs. Article 5.27 of the Code of the Russian Federation about. Violation of the legislation on labor and labor protection 1. Violation of the legislation on labor and labor protection - shall entail the imposition of an administrative fine on officials in the amount of one thousand to five thousand rubles; on persons carrying out entrepreneurial activity without education - from one thousand to five thousand rubles or an administrative suspension of activities for a period of up to ninety days; on the legal entities- from thirty thousand to fifty thousand rubles or an administrative suspension of activities for a period of up to ninety days. 2. Violation of the legislation on labor and labor protection by an official who was previously subjected to administrative punishment for a similar administrative offense - entails disqualification for a period of one to three years.

The legislator took into account possible distortions in the relationship between a private owner and a hired worker. In the event that an individual entrepreneur does not pay a salary to an employee, legal methods of influencing the employer are provided. An offended employee has the opportunity to apply to several instances, including the court.

In what situations is a delay in the payment of earnings recognized?

The rules for the interaction of a hired worker with an employer are detailed in a separate law - the Labor Code (LC) of the Russian Federation. In the situation of dealing with non-payers of wages, the following paragraphs are relevant:

1. regulates the procedure for registration of labor relations. The contract must be official, printed and signed by both parties.
2. regulates the procedure for the payment of earned funds. It contains the following strict rules:
   • earnings are accrued and issued to the worker in two installments;
   • the first must be at the disposal of the employee on the day specified in the contract in the period from 15 to 31 (30 or 28) days;
   • second: from the 1st to the 15th of the next month.

From the above provisions of the legislation, which are mandatory for employers of all forms of ownership, the following fundamental conclusions follow:

1. They can only ask for payment.
2. The delay is counted from the dates specified in the contract.

Important: the obligation of the employer is prescribed to notify the hired employee against the signature of the terms of payments (two dates must be indicated: advance and pay).

Methods of dealing with an unscrupulous employer

Supervisory bodies are included in the legal state system that regulates labor relations. Their powers include checking the owners for compliance with the rights of employees. This is the State Labor Inspectorate (Gostrudinspektsiya). Its divisions operate in each municipality.

Attention: the powers of the State Labor Inspectorate do not include the function of influencing the owner in order to deduct unpaid money. The inspector cannot directly force the salary to be financed. However, the check will stimulate an unscrupulous entrepreneur.

The practice of applying the norms of the law now allows us to bring a specific algorithm of actions for the return of lost money. This consists of several basic steps (additional ones depend on the situation).

Step 1: contact the entrepreneur

The fight should begin with the defaulter himself. You should not skip this stage, as it will be needed for a more confident position in further litigation. You need to do the following:

1. Write a letter to the individual entrepreneur with a claim for non-payment of a specific amount.
2. The text should include the following information:
   1. how much the employer owes;
   2. in what terms the payments were to be made, according to the contract;
   3. final debt.
3. Send a message in the following ways:
   1. by mail with a list of attachments and a notification of receipt;
   2. bring in person in two copies:
      • give one to the boss;
      • give him the second to record the acceptance of the complaint (must sign and date).

Attention: if the leader does not want to accept the message, then it is sent by mail. You can also draw up an act in a simple form with the signatures of witnesses (disinterested persons).

Step 2: contacting the State Labor Inspectorate

This stage can be started immediately after the complaint is submitted to the entrepreneur. The following documents are required to file a complaint with the Inspectorate:

• labor contract;
• work book (if the individual entrepreneur made an entry in it);
• confirmation of receipt of salary;
• calculation of unpaid amounts by dates;
• business details:
  • registration number in the State Register.

Hint: if the boss does not issue a contract and does not, then the fact of official employment can be recorded through government agencies that collect personalized information:

• Pension Fund;
• Social Insurance Fund.

Intermediate step: if there are no documents

In the absence of papers on official employment, such is established by the justice of the peace. The citizen will need to do the following:

• collect evidence of the fact of the implementation of the labor function;
• write a statement to the court, attaching documentation to it.

Hint: the magistrate will decide on the establishment of the fact of an employment relationship, if such has taken place for a long period (at least two weeks).

Step 3: prepare a claim

We collect the answers received in the previous stages. And the package should include:

• complaints on which the date of receipt is affixed;
• receipts from the post office about sending letters and receiving them by the addressee;
• acts of unwillingness of the authorities to accept the appeal;
• decision of the justice of the peace;
• response from the State Labor Inspectorate;
• other.

Based on the collected papers, a claim is written. The document presents the facts in order. In addition, it is necessary to attach the calculations:

• unpaid earnings;
• compensation (at the rate of 1/150 of the key rate of the Central Bank per day).

Hint: if the entrepreneur actually terminated the employment relationship, but did not return the employee work book, then the period up to the date of filing with the court is taken into account.

Individual situations

The above algorithm is suitable for influencing a non-paying employer:

• at the time of the contract;
• upon its completion.

Separately, it is worth highlighting the situation when the IP closes the activity. Deprivation of status does not release a person from debt obligations. Therefore, it is necessary to sue. Even after the former employer will pay out of his own pocket.

If the entrepreneur goes through bankruptcy proceedings, then it is necessary to apply to the arbitration court. The application is written in the same form. The arbitration manager will put citizens in the first place as creditors of the future bankrupt. They will be paid if the bankrupt businessman has property to cover his debts.

Advice: when forming salary arrears, it is necessary to act immediately, without delaying the process. An entrepreneur may close or go bankrupt. Then it will be almost impossible to collect the debt from him.

What to do if the employer does not pay wages?

July 5, 2018, 22:50 July 23, 2018 00:44

Got a job as a driver. They don't pay salaries. owe 37000 r. The director at first asked to wait. is not picking up the phone now. I heard from the dispatcher that they are going to close the company. form of enterprise - IP.

Answer

If an individual entrepreneur ceases to operate, then he must dismiss you under paragraph 1 of Article 81 of the Labor Code of the Russian Federation. In this case, two months before the dismissal, you must be warned about it in writing. Upon dismissal, you are required to pay all the amounts due: wages, compensation for unused vacation, payments in accordance with paragraph 1 of Article 178 of the Labor Code of the Russian Federation, namely, upon termination of the employment contract in connection with the liquidation of the organization, the dismissed employee is paid severance pay in the amount of the average monthly salary, as well as the average monthly salary for the period of employment, but not more than two months from the date of dismissal (including severance pay).

If the employer evades his duties, try to take a certificate of accrued but not received salary and go to court with it. The court, in the order of writ proceedings, will issue a court order, which is recognized as an executive document.

If the certificate cannot be taken, you will have to file a lawsuit with the court, which will be considered on a general basis. The term for going to court is established by Article 392 of the Labor Code of the Russian Federation, according to which the employee must go to court within three months from the day he learned or should have learned about the violation of his right. But until the employment relationship with you is terminated, this period does not apply, since the employer’s obligation to pay wages in a timely manner and in full remains throughout the entire period of the employment contract.

You should also be aware that in the event of a delay in the payment of wages for a period of more than 15 days, the employee has the right, by notifying the employer in writing, to suspend work for the entire period until the payment of the delayed amount.

Maintaining the loyalty of employees will be much more difficult if you remain silent and hide financial difficulties from them. Perhaps, being aware of the difficult financial condition of the company, employees will support you and help you find solvent customers or pay attention to new prospects for the company's development.

To pay off debts to the team, you can sell unnecessary assets, negotiate with clients for earlier payments, take out a loan or defer tax payments.

You can pay off debts to employees in turn, partially reduce the staff, cut the salary fund, including the salary of the head. Lee Iacocca, chairman of Chrysler, which was on the verge of bankruptcy in the 1970s, became famous for cutting the company's staff in a crisis, cutting salaries for employees and himself working for a symbolic remuneration of $ 1 a year.

Other options for solving the problem with payments include sending employees on vacation, introducing part-time work or reducing the work week.

Experts explain what threatens an entrepreneur with non-payment of wages to employees and how you can try to get out of this situation with minimal financial and reputational losses.

Alexander Veselov, legal center "Veselov and partners"

We need to cut costs. To do this, it is worth starting with an audit of your fixed expenses and postponing all expenses that do not directly affect manufacturing process in company. For example, rent or loan payments do not affect, but being left without inventory is critical.

It is also useful to check expenses in accounting. How many times we have checked accountants, we can count on one hand the cases when it was not possible to pay less taxes. In one case, for example, an entrepreneur paid about 800,000 rubles a year. taxes, and could pay only 80,000.

The third point to check is stale inventory. After all, this is tied up capital that lies in the warehouse and does not bring any benefit.

It should be understood that financial difficulties in the company do not excite employees. It is pointless to hide such things: financial difficulties are always felt, and it is unpleasant to continue working with a leader who lies. In this case, it is advisable to honestly admit that there are problems, but you are trying to solve them.

You can raise salaries to keep staff. The company must be able to earn money by providing a service or selling a product. If employees leave, then while you find and train new ones, time will pass, and time is your fixed cost.

I would try to transfer everyone from salary to piecework wages and tie them to financial result companies. The salary will grow, but it will have to be paid upon receipt of money in the company.

Don't cut wages if you're not cutting back on work. It is better then to leave three out of four employees, to distribute the volume of work of the fourth and part of his salary to them. Thus, you will raise the salaries of the remaining employees, and the total size of the payroll will decrease.

Julia Zhizherina, consultant of the Russian School of Management on labor law

In a period of economically difficult situations in companies, management is considering various ways to optimize costs. Such methods include both changes in the essential conditions of the employment contract, and termination of employment relations. To minimize the risks of litigation with employees, it is necessary to strictly comply with labor laws.

Let us consider in more detail those measures that can be applied to reduce personnel costs.

• Dismissal by agreement of the parties ( )

There is no need to confirm the difficult financial condition of the company. Difficulty may arise if the employee claims that he signed the consent under the psychological pressure of the employer.

To avoid this, you can negotiate in the presence of two independent workers or send the employee a draft agreement so that he can familiarize himself with it in advance.

• Dismissal due to a reduction in the number or staff of employees ( )

This is a rather complicated procedure, strictly regulated by law (). The slightest non-compliance with the established procedure may lead to the recognition of the dismissal as illegal and the reinstatement of the employee in his position. When reducing the number or staff of employees, the employer must be prepared for the fact that he will have to provide justification for taking measures to reduce the number or staff of employees.

When comparing dismissal by agreement of the parties and in connection with a reduction in the number or staff of employees, it is necessary to take into account the moment with payments. In the second option, the employer must pay the employee from three to five average monthly earnings. While in case of reduction by agreement of the parties, no mandatory payments, except for wages and compensation for unused vacation, are provided by law.

• Changing the terms of the employment contract ( )

The employer can reduce the employee's wages (). At the same time, this change is allowed only when organizational or technological working conditions change (changes in equipment and production technology, structural reorganization of production, other reasons).

For example, in connection with a decrease in the volume of production, an employee was reduced in functionality, which was the reason for changing the salary.

The employer will need to prove that there has been a change in the organizational or technological working conditions.

• The introduction of part-time or part-time working week for up to 6 months )

The application of this measure is possible only if there is a threat of mass layoffs. To save jobs, a part-time or part-time working week is introduced.

• idle declaration ( )

Downtime is a temporary suspension of work for economic, technological, technical or organizational reasons. It may be introduced for economic reasons. The suspension of the operation of the enterprise should be complete, and not some part of it. Downtime due to the difficult economic situation in the company refers to downtime due to the fault of the employer and is paid in the amount of 2/3 of average earnings ().

• Leave without pay ( )

An employee can take it only on his own initiative, therefore, in the event of a lawsuit on this issue, the employer may face serious financial losses.

Alexander Mazaev, Head of Legal Department at Storozhenko & Partners

Practice has shown that individuals rarely initiate bankruptcy proceedings for wage arrears, as they do not understand this and do not want to waste time and money. However, employees have more powerful leverage over the employer. They can complain to the prosecutor's office and labor inspection, bring management to administrative (), criminal () and disciplinary responsibility () or simply suspend work until the debt is fully repaid - with pay.

Pay your salary on time. Do not try to save on employees, the salary fund is not the kind of money that can be invested in more “profitable activities” without dangerous consequences. If the delays are forced, make sure that the amount of debt does not exceed 300,000 rubles, and the delay in payments is no more than three months.

If all the conditions for initiating bankruptcy are present, arrange with a friendly creditor that he declare bankruptcy and select a suitable arbitration manager. This will allow you to maintain control over the assets.

Remember that any conflict with employees will attract public attention not only within the company, but also outside it. Media coverage of the problem can contribute to the loss of a company's positive reputation. Therefore, devote time to anti-crisis measures, work with trade unions, conduct surveys on the subject of the psychological situation in the team. Spend general meeting, explain the reasons for the delay in wages, name the exact terms for repaying the debt.

If a company has serious financial problems that require a long period of rehabilitation, it is worth considering the option of reducing staff as painlessly as possible for both parties with the payment of due compensation.

Maria Bondarenko, lawyer at AVT Consulting

With a delay of one day, the employee interest must be paid on the amount of the delayed salary. If a collective agreement unless otherwise provided, they are calculated as 1/150 of the key rate of the Bank of Russia ().

An administrative fine () may also be imposed on the employer. Its size can be:

• from 10,000 to 20,000 rubles. - for officials;
• from 1,000 to 5,000 rubles. - for individual entrepreneurs;
• from 30,000 to 50,000 rubles. - for legal entities.

In the event of a repeated such recorded offense, the amount of the fine increases:

• a fine in the amount of 20,000 to 30,000 rubles. or disqualification for a period of one to three years - for officials;
• a fine in the amount of 10,000 to 30,000 rubles. - for individual entrepreneurs;
• a fine in the amount of 50,000 to 100,000 rubles. - for legal entities.

With a delay of 15 calendar days p The employee has the right to suspend work by notifying the employer in writing. At the same time, the average salary () is retained for the employee. After receiving a written notification from the employer about the readiness to pay the delayed wages on the day the employee leaves, the employee must leave the very next day ().

If delayed by two months or partially delayed by three months, the criminal liability of the head is provided for under the condition of mercenary or other personal interest. As a punishment, a fine or imprisonment for up to a year () is possible. Criminal liability can only occur if the employer is at fault, that is, in cases where the organization had money to pay wages.

Alexey Golovchenko, Managing Partner of ENSO law firm

Failure to pay wages for more than two months is fraught with criminal liability. There are many such cases, especially since the prosecutor's office has long had an intent to "beat" entrepreneurs who delay wages. There are many such entrepreneurs now, since the number of bankruptcies is corresponding.

If you see that the situation is approaching critical, you need to reduce staff. It's fairer than keeping people you can't pay for. It is more terrible when the state itself pushes the entrepreneur to the fact that he cannot pay off his obligations. Now there are a lot of cases when tax officials call entrepreneurs and ask them to pay additional taxes or refuse part of the tax deductions, without asking if the entrepreneur will have money to pay employees in such a force majeure situation.

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IP (individual entrepreneur) - individual which is engaged in business activities. To register himself as an individual entrepreneur, a person must collect the necessary documents and submit them to the registration authority. Activities can be different, from a small computer repair shop to a kitchen set manufacturing company. It remains to figure out how IP, if the entrepreneur plans to use hired labor.

IP and employee

When a business expands, it becomes more difficult for an individual entrepreneur to keep it afloat alone. Workers of various specializations are required. When hiring the first employee, the business entity must register itself as an employer. With subsequent workers, this is not required. Further algorithm of IP actions:

• accept a job application;
• take a work book from a future employee;
• make copies of the passport, TIN, insurance policy;
• conclude an agreement with the employee;
• issue a work order;
• make an entry in the work book;
• provide a job;
• pay wages by holding .

Of course, an employee can work for an individual entrepreneur unofficially. Consequently, an individual entrepreneur will not pay taxes for him, and the employee will be able to receive a full salary. However, such activity is illegal. If the tax service finds out about this, then individual entrepreneurs can be held tax or criminally liable. At the same time, a pension is not accrued to the employee, and no sick leave.

Legislation

Before plunging into entrepreneurial activity, you need to familiarize yourself with the current legislation. This will help you figure out how individual entrepreneurs pay salaries to employees so as not to break the law.

The amount of the monthly remuneration is determined by the employment contract. It also stipulates the conditions, terms and methods of payment of funds. So, before signing the agreement, the employee must read it carefully.

Salary must be paid twice a month. If payments are made once a month, then this is contrary to the law (Article 136 of the Labor Code of the Russian Federation).

The law also provides for cases when the day of the issuance of wages coincides with a holiday. In this case, the accrual of funds must be made a day earlier.

Features of salary payment

How does an individual entrepreneur pay salaries to employees? Similar questions arise for any aspiring entrepreneur. If an individual entrepreneur hires employees, he must pay for their work. According to the law, the economic entity itself establishes the method and procedure for calculating wages. As for the salary, it depends on official salary, the presence of allowances and additional payments, bonuses, etc. employees with the same position and category receive the same salary, provided that the number of days worked in a month is identical.

When figuring out how an individual entrepreneur pays wages to employees, you need to consider that it can be piecework or hourly. If the salary is indicated in the employment contract, then the payment depends only on the hours worked (not counting the bonus). Piecework will depend on the amount of work performed at the established rate.

The employee's employment contract must contain a clause on the method of calculating wages. Typically, payments are made as follows:

• by issuing cash through the cash desk;
• money is credited.

Typically, entrepreneurs try to pay salaries to bank cards. To do this, you need to conclude, which will issue cards for employees. At the same time, it is possible to credit the salary to the card, and issue an advance on hand. After receiving the funds, the employee must sign the payslip, confirming their receipt.

If the entrepreneur does not pay money

During financial crisis, many people know the word - delay. This can happen for various reasons. For example, an individual entrepreneur has a debt to credit organizations or a businessman's counterparties refuse to pay for the delivered goods. People rarely deal with such problems and leave for another job. By law, the allowable delay in wages is 15 days.

If, after this period, the employee is not paid cash, you should write a statement to the entrepreneur about the violation of the deadline for issuing wages. The employee has every right not to perform his work until the full payment of funds, as the entrepreneur has violated the terms of the employment contract. If the individual entrepreneur continues to delay the payment of money and the salary debt grows, you can:

• go to court;
• suspend work until the payment of wages (by notifying the individual entrepreneur in writing in advance);
• contact the labor inspectorate.
• An employee who is not paid a salary has the following rights:
• may be absent from work
• he has no right to be fired;
• he can participate in strikes;
• his average earnings are maintained.

If you have additional questions, you can consult a lawyer. He will not only explain how the individual entrepreneur pays wages to employees, but also what to do if the entrepreneur does not. And if necessary, he will be able to prepare the necessary documents and represent the interests of the employee in court.