There are situations when wages are calculated but not paid by an unscrupulous employer. And if an employee misses the statutory deadline for filing a claim, he may be denied the payment due.
The Labor Code of the Russian Federation provides for two options for solving the problem with accrued but unpaid wages. The first method offers an appeal to a specially created commission for resolving labor disputes. But, as practice shows, this option is ineffective. The second option is to file a claim with the court, while the plaintiff is exempted from paying the state duty.
In accordance with Article 392 of the Labor Code of the Russian Federation, there are two options for the time frame for filing a statement of claim in court. The first of them is considered applicable to the situation of dismissal of an employee. In this case, a lawsuit can be filed in court within a month from the date of dismissal. The second option applies to all other types of disputes, here an application can be submitted to the court within 3 months from the moment when the subordinate learned about the violation of his rights.
However, there are exceptions to any rule. So, if you continue to work for an employer who, for example, did not pay or did not pay your salary for a certain period a year ago, you can still file a claim, although the three months allotted for this have long expired. This right of yours is supported by the resolution of the Plenum of the Supreme Court of the Russian Federation of March 17, 2004, namely "On the application of the Labor Code of the Russian Federation by the courts of the Russian Federation."
Paragraph 56 of this decree says that even if an employee who continues to work for the employer missed the three months allotted for him to file a claim for unpaid wages, he still has the right to do so, since such an employment relationship is considered a violation that carries a long character. In this case, the employer is obliged to pay all existing debts to the employee.
Thus, the law provides for the protection of the employee in the event that the employer submits a counterclaim to the court that his subordinates have missed the deadline for filing a complaint. The court must refuse the employer to consider his claim and investigate this case.
If the employer was in arrears in the payment of wages to the employee, but the latter resigned, the period of 3 months begins to be calculated exactly from the moment of dismissal. The period for which in this case it is possible to collect unpaid wages is 3 years (general statute of limitations).