What if withhold wages

Wages must produce at least every two weeks.

Delay salary by more than 15 days - a violation of the law.

Provided that the salary of white, and labor relations - official.

When these two weeks pass, you can claim compensation and / or to suspend work.

Calculation of compensation for the delay in wages

For violation of terms of salary the employer is primarily responsible ruble.

The employee must receive compensation for each day of delay in salary regardless of whether the employer is guilty or not.

Make a calculation of the compensation and refer to the request (preferably in writing) to give a salary. Argues its requirement in Article 236Article 236. Material liability of the employer for the delayed payment of wages and other payments due to the employee Labor Code of the Russian Federation.

To calculate the compensation, the following formula is used:

(Debt - PIT) × 1/150 key rate of the Central Bank × number of days delay

On 9 February 2018 the Bank of Russia the key rate is 7.5%.

Compensation may be greater than the amount obtained from the formula, if provided, or a collective work contract and other local regulations.

Suspension of operation

If the company's management has a policy of "no money, but you hold on," you have the right not to work. Argument - Article 142Article 142. Employer's liability for delay in the payment of wages and other sums due to the employee Labor Code of the Russian Federation.

Write notice the suspension of work due to non-payment of salaries. And then be sure to register it with the secretariat or accounting. This is proof that his leadership has received, and you use their legal right, but do not skip.

At the time of suspension of work, the worker retains the average earnings.

It is impossible to suspend work if:

• The country has an emergency mode or martial law.
• You are a public servant.
• You are working on a particularly dangerous production.
• You work in an ambulance, rescue, fire, police, or your work in any other way related to the life and safety of the population.

If the employer changed his mind and wrote to you about the willingness to pay salaryYou have the next working day to appear in the workplace. If not, complain to the commission on labor disputes (CCC) or the labor inspectorate.

The complaint in the CCC and labor inspection

How to complain to the commission on labor disputes

• timeNot later than 3 months after the start of wage arrears.
• Statement: Writing, subject to registration.
• term of consideration10 calendar days.
• The term of appeal10 calendar days.

CTS - is the primary authority for consideration of individual labor disputes. It is usually created in the factories and other large enterprises. If you do not have the CCC can initiate its creation. If the employer support, the committee of representatives of employees and employers (50/50) to be formed within 10 days.

If TCC deems reasonable request of the employee, he will be given a special certificate. It is considered to be an executive document, that is, it is possible to go to the bailiffs.

How to complain to the Labor Inspectorate

• timeNot later than 3 months after the start of wage arrears.
• Statement: A written or electronic.
• term of consideration: 30 days.

If the employer refused to create the CCC, please contact the State Labor Inspection. This territorial bodies of the Federal Labor and Employment Service (Rostrud). They monitor compliance with labor legislation and in every region.

Inappropriate Rostrud can:

• Personally. Write statement non-payment of wages, and take it to the office. Find your labor inspection is possible by means of special service. In a statement, please indicate how many do not pay and what amount of debt. You can ask not to disclose the employer "source application" (Article 358Article 358. Obligations of state labor inspectors Of the Labor Code).
• Through the Internet. To do this, there Rostrud a separate service.

Labor inspection is to check the employer and to give him an order to the payment of wages. And if there is reason - to bring to administrative responsibility.

Violation of labor laws, in accordance with Article 5.27Article 5.27. Violation of labor laws and other normative legal acts containing norms of labor law Administrative Code, is fraught with fine from 1 000 to 5 000 rubles for individual entrepreneurs and 30 000 to 50 000 rubles for legal entities.

A complaint to the prosecutor's office and access to the courts

How to complain to the prosecutor's office

If the appeal to the TCC and labor inspection was not successful, and if the salary lag greatly complicate your life (for example, you are past due payments mortgage illness), to defend their rights in the supervisory authorities and in court.

Route statement non-payment of wages in the public prosecutor's office at the place of registration of the employer company. Fill in the details, specify the timing and amount of debt, the suspension of the operation (if it was), where to go and what you previously said. At the end of the request specify.

You can ask not only recover from the employer's debt, but also to initiate criminal proceedings against the employer. According to Article 145.1Article 145.1. Non-payment of wages, pensions, stipends, allowances and other payments Criminal Code of the Russian Federation, the total unpaid wages for more than two months shall be punished by a fine of 100 000 to 500 000, forced labor for a term up to three years or imprisonment for the same time.

How to go to court

• The limitation period: 1 year.
• national duty: missing.
• Jurisdiction: District Court at the place of registration of the company or the place of actual work.

If the salary accrued, but not paid, then the debt is a fact is indisputable, it is possible to go to court in order writ of production. A minimum of time and hassle.

The court order is issued within 5 days of treatment. Parties are not called, the trial is not conducted. The employer has 10 days to contest, after which he must immediately pay all the debts.

If you do not understand, when the delay of wages, and what is the sum of (lawyers call it a dispute on the right), resort to civil proceedings. It's harder and longer, but it is possible to sue not only the arrears of wages, but also compensation for moral injury.

There will have to write statement of claim. To him must be applied:

• Documents confirming that you are working in the company (employment contract, an order for a job, work book, and others).
• Documents on the salary scale.
• Documents proving the non-payment of wages (the calculated sheets, bank statement, etc., calculation of debt and compensation).

In this case, you do not have to continue to work in the debtor company. If the fact of non-payment of wages is set, you can always quitWithout a two-week working out.

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