What to do? The employer does not pay wages on time. What to do if the employer does not pay a salary

If there are any clashes with the authorities, many do not know what to do. The employer does not pay a salary or delays it - how to proceed? What options for the development of events can be considered in Russia? How can you deal with non-payment of earnings? This situation has recently been encountered more and more often. Therefore it is necessary to know about what measures by the law are resolved by subordinates. After all, all work must be paid.

The law does not always apply

To begin with it is necessary to understand one interesting fact - the legislation of the Russian Federation does not always work. Not in all cases, an employee who was left without salary, is able to legally achieve justice.

Unfortunately, now in Russia informal employment is practiced. 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 legitimate ways, in practice they in most cases result in failure. But with the official employment, you can use several techniques.

Criminal case

It should be noted that the country's labor legislation protects all subordinates. By law, all labor must be paid on time. Small delays are possible, but they should be avoided.

What to do? The employer does not pay the salary! If such situations are repeated again and again, and also are of a massive nature, it is recommended to complain. Employees who were left without money, are able to simply apply with a corresponding complaint to the boss. And then on the last criminal case will be got. There will be a trial, at the end of which the employer will be forced to reimburse the damage caused to the staff.

Individuals

What if the employer does not pay wages on time? It all depends on the situation. How to be, when without a salary they leave specific subordinates? Or in general, only one employee has not received 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 more attention is paid to collective complaints. Most likely, the only statement left by one or another subordinate, will not pay attention. Or the boss who does not fulfill his obligations will be reprimanded and will make a warning.

We continue to work

What if the employer does not pay a salary? By law, citizens must file a complaint. But reality and established rules are often divergent. The people have their own rules of conduct in this or that case.

The delay in wages is a phenomenon that has not surprised anyone in Russia for a long time. Many people advise simply to continue working. Sooner or later the employer will have to fulfill his obligations. If not, then only after a long period of delay is recommended to apply to one or another instance to initiate a criminal case.

Therefore, the People's Council - to continue to work and hope for the integrity of the employer. Such a measure is calculated, rather, on the conscience of the chief. It does not have real efficiency.

Strikes

The next measure is strikes and access to various demonstrations. Usually such a phenomenon is observed when people think about what to do if the employer does not pay a salary for 3 months or more. After all, such delays, especially mass ones, are a gross violation.

Usually going out for strikes and demonstrations attracts public attention. And, as a rule, accelerates the action of the prosecutor's office. The left collective complaint in this case will be considered as quickly as possible. And the employer, delaying payment, can 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'm not going to work

Not all subordinates, faced with violation of rights, are aware of what to do. The employer does not pay the salary? In addition to strikes, demonstrations and other ways to attract public attention, you can go in a different, more effective way. Especially when it comes to massive delays in earnings. In a few cases, the proposed measure is usually not very effective.

The point 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 for 2 months or more? In this case it is allowed not to work. The resumption of labor occurs by law after the chief has repaid the full amount of the debt before the frame. Or by their agreement among themselves.

By the way, the right to refuse work is granted to employees if the earnings were delayed for 15 days. It turns out, you do not even have to wait a month to go to extreme measures.

Without officiality

And what if the employer does not pay a salary? Without a contract or any other sign of official employment, it will be very difficult to prove that the boss owes something to his subordinates.

For this reason, there are several options for the development of events:

1. Continue to work and hope for the integrity of the boss. Maybe, when the employer's money appears, the employee will be able to get money for the work done.
2. Quit. Or rather, to cease to fulfill their duties. At the same time, there is a high probability that the employer will simply find a new person who has refused to work. And about the debt will forget - after all, unofficial employment does not give any guarantees of wages.
3. Search for evidence of the 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 the earnings, but also to force the boss to explain why the employee was not formalized.

How to act? Every citizen decides this independently. In practice, refusals of work are common. The easiest way, though he is not able to restore justice. But you do not need to think about 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 if there is a delay in wages? This question is not clear to everyone either. There are several instances in which subordinates should complain. Everything depends on the situation, but the following list of bodies is usually suggested:

• Labor inspection ;
• The prosecutor's office;
• court.

At the very beginning it is recommended to file complaints in the very first instance. Especially if the 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 salaries when he leaves? The RF Labor Code states that the chief is obliged to make a calculation with the subordinate on the day of termination of labor relations and issue him a work book. When the frame was not available when the dismissal order comes into effect, all payments are made the next day after the former worker applied for the settlement.

What happens when these rules are not respected? It is recommended to act in the same way as it was suggested earlier - to file a complaint with certain authorities. It is preferable for dismissed personnel to send a relevant application to the prosecutor.

It is important to remember that the limitation period from the date of termination of employment is 3 months. This means that it is during this period that you can apply with a statement of claim or a complaint against the employer. It's worth hurry! Otherwise, the right to receive legal wages upon dismissal is lost.

Documents for circulation

Now it's clear what to do. The employer does not pay the salary? Then you can wait 15 days, after which to file a complaint with one or another body, and also refuse to do the work. At the same time, the employee can not be dismissed - the Russian legislation provides for such a measure. And it can continue, as already said, until the boss makes a full calculation with his subordinates.

What documents will be required to implement the idea? For example, if you want to go to court. Then the employee must produce:

• A statement of claim with details of the delay in payment;
• A copy of the work book ;
• The order for employment;
• Contract with the chief;
• Identity cards of plaintiffs;
• A statement of the current account as proof of the absence of a transfer of wages;
• Settlement cards for the past time (not necessarily);
• The response of the Labor Inspectorate (if available);
• Testimony (if any).

Many are wondering whether it is necessary to pay a state fee for filing a lawsuit. Employees should not do this. Therefore, no additional receipts are needed. In fact, the claim is free.

Report to the prosecutor

Henceforth it is not a mystery how to deal with the delay in wages. It became known what to do. The employer does not pay the salary? A statement of claim will help! At the same time, it is important to remember that the prosecutor must be informed of the violation of labor rights without fail. Especially when it comes to dismissal. When employees are simply delayed earnings, the most effective measure of influence on the chief is a statement of claim.

And what can come in handy? The list of documents required to appeal to the prosecutor's office regarding wage arrears looks like this:

• Dismissal order;
• identification;
• Labor book (copy);
• Several checklists in recent months;
• extract from the personal account;
• Complaint against the employer.

On the timing of treatment has already been said. In fact, if you know how to properly defend your rights, you can achieve justice. Now in Russia arrears to employees are paid special attention. Many employers have already received criminal penalties and fines. The main thing is not to be afraid to defend your legitimate rights. With the correct preparation and knowledge of labor laws, you can achieve justice and even reclaim the proper cash. The exception is informal employment. The employer does not pay a salary - what should I do? The answer is now not so difficult!