If you have not paid your salary: where to apply to get payments from the employer

Everyone will be uncomfortable if they do not pay their salaries. Where to go when such a case really happened? After all, this issue can not be left unresolved. Well, for this case there is an answer.

Do not go to work

When a person does not know where to go, if they do not pay their salaries, then the first thing he should understand is that the first instance in this case is his direct leadership. Article 142 of the Labor Code states that each employee has the right to self-defense. And he can express it by refusing to go to work if his work has not been rewarded by all the rules.

At the same time, the payment delay period should be more than 15 days. However, if a person decides to take such a step, he will have to write a written notice about this, which he will give to his employer. And, as soon as the employee receives a message from the head regarding the fact that he is ready to pay the debt, he will be obliged to return the next day to fulfill his duties.

Who is forbidden to "rebel"

Of course, this can be done if you do not pay a salary. What do those people who are forbidden to "rebel" in this way? There is a way out for them. But first you should list the employees of specialties who do not have the right to stop work:

1. Workers who are directly related to the sphere of life support. This is a link, emergency and urgent medical care, energy, body and gas.
2. Also, civil servants and people engaged in servicing dangerous production facilities and equipment can not stop their activities.
3. This list includes persons who serve in emergency rescue, armed, search and rescue and fire-fighting forces. And more people working in the territory where the military or state of emergency operates .

They recommend a method that will be described below. By the way, it will do for those people whose bosses the notorious "revolt" is not a decree.

Applying to the labor inspection

Labor inspection - that's where to turn, if the employer does not pay the salary. This is the most effective way, by the way, is convenient for many employees. And all because the named body was created to ensure the implementation of labor legislation. Inspection specialists supervise this.

That they came to the rescue, you just need to write a letter. And let it be adopted in free form, but it is necessary to describe the situation in all its details. It is on the basis of this document that they will conduct an audit. And based on its results, after the violation is detected, appropriate sanctions will be applied against the employer.

And the inspectors will also assist the person who has assisted in drafting the documents that will be required to go to court. In general, that's where you can go if you do not pay a salary.

Help of the court

The court is an organ of state power. And it is he who will help best if you have not paid your salary. Where to go in addition to the court, it was said above. But if all this did not work (and sometimes it does), only the last method remains.

The court will help, but not punish the culprit, but to return honestly earned money. In relation to the dishonest boss, appropriate sanctions will be applied, and authorized bodies will take care of this, who have all the rights for this.

But the employee can not relax in this case. The main task is to get your money back. But in the statement of claim it is possible to specify not only this requirement - the applicant has the right to demand compensation. And the employer will have to pay it, since he used other people's money. And this is an article.

This compensation is calculated starting from the first day of salary delay. If, say, it should have been charged on the 1st day, then the interest will go from the 2nd.

The Prosecutor's Office

This is a supervisory body that is authorized to conduct appropriate checks on applications filed by citizens. That's where you can go if you do not pay a salary.

What to do? First, come to the prosecutor's office. At the entrance, find out the name of the duty officer and the number of the cabinet in which he is located. And then we need to explain the essence of the problem to him, in the most detailed and detailed manner. And with him to write a statement. This will be the best option. Many send applications by mail due to lack of time for personal visits. But the question will be resolved more quickly if all the same come. By the way, complaints about employers are among the most common.

The application is made in two copies. One remains in the prosecutor's office, and the other remains with the victim. Turning to this body, you need to stock up not only evidence, but also witnesses. To lie and embellish is not worth it - it's punishable. As a witness, one of the colleagues can act.

The application is written in the standard form. In his "cap" the name of the applicant is indicated, as well as his address with the phone. And the main part describes the situation and sets out a request for action. At the end - date and signature.

So the prosecutor's office is the place to go, if you do not pay your salary on time, not what you can, but you need it!

What does the employer expect?

We told them what to do if they did not pay their salaries. Where to turn is also clear. But a couple of words should be added regarding the punishment for the unscrupulous employer. This is similarly written in Article 5.27 of the Code of Administrative Responsibility.

So, an official and a private entrepreneur will have to pay a fine. Its size can be from one to five thousand rubles. Legal entities will have to pay from 30 thousand to 50 thousand rubles. There is one more penalty - in the event that an official again admits a violation of this character, he is dismissed for three years. The term may be smaller, but a maximum of 3 years.

Severe penalties

If the fact of full non-payment of wages is fixed for two months (or more), then the provision of Article 145.1 of the Criminal Code of the Russian Federation comes into force. And the violator will be assigned a more severe punishment. The fine will amount to 100-500 thousand rubles or the amount equal to the salary of the victim for three years. Another guilty person may be imprisoned for the same period.

However, if the salary was not paid for valid reasons, the events will develop differently. For example, if the delay occurred not at the employer's will. Although he still will have to pay compensation at the so-called refinancing rate.

Knowing where to turn, if the employer does not pay the salary, the main thing is to do it, and the issue will be solved by the relevant authorities.

In case of dismissal

It is important to talk about what to do if you did not get paid after your dismissal. Where to go in this case? About this later. To begin with, we should note a few important nuances.

First, a person can count on several types of payments:

• Salary, which he worked during the last time;
• Funds that compensate for his unused vacation ;
• Severance pay.

All the money an employer must pay to his / her day when he / she resigns. In addition to the amount, you will still receive a work book and a certificate in the form of 2-NDFL. And a document indicating the amount of earnings used to calculate benefits and dismissals.

And what if they did not pay the salary? Where to go, it was said above. And the procedure is the same, only the reason for going to court, the labor inspection or the prosecutor's office will be somewhat different.

At informal registration

Many people are still wondering where to turn if they do not pay a "black" salary. And there really can be problems. If a person is not officially registered, he will not be able to influence the employer in any legal way. Their employment relationship is outside the legal field. Therefore, the boss can not pay his salary with impunity.

So, there are no places to turn to if you do not pay salaries unofficially? Be that as it may, first of all, to the boss himself. We need to talk to him and try to move things off the ground. If it works out, we still need to insist on official registration in order to have guarantees in the future.

And, finally, the court. That's just not going to come here just like that. Before that, you still need to hold a meeting with the employer. Pre-equipped with a recorder and a hidden camera. The whole conversation will be recorded on the audio and video media of the information. And during the conversation you will need to ask the boss leading questions, answering which, he also will tell you about the time when a person works for him unofficially, how much he owes, etc.

This will require the skill of the employee in conspiracy and the ability to write questions exactly as necessary in order to get the right answer. And then with material evidence you can go to court. That's where you need to go if you do not get paid.

What a person working in Ukraine should know

This, too, is worth telling. As well as about where to apply, if not paid a salary. Ukraine is a country with other legislation, albeit in many ways similar to Russia. In its Constitution there is an article under number 43. It clearly states that every worker has the full right to receive payment of his labor on the basis of an employment contract. This is also told in the 21st article of the Law of Ukraine on wages.

The remuneration, judging by it, must be paid to the person regularly and on working days. At the time specified in the collective agreement. And if the day, in which payments are made, is a weekend or a holiday, then the remuneration is issued the day before.

According to Ukrainian laws (as, incidentally, and in Russian), if a person is not given a salary, he must first turn to the employer, demanding an explanation. If, after this, the salary was not paid together with the compensation, then it is possible to file a suit with the court.

And this should be done in any case - and with a long delay, and if you did not pay your salary when you left. Where to go? There is a choice. In this country there is also the State Inspectorate of Ukraine for Labor.

What to do after?

If the boss paid the bills and gave the salary, then you can calm down. It seems so. But actually it's better to go and look for another place. If the employer once did not pay the debt, then it is not a fact that he will not do it in the future. It is better to look for another job, because here a long delay in salary means that the boss does not value his employees and is not able to provide them with stability.