In accordance with Article 236 of the Labor Code of the Russian Federation, in case of violation of the deadline for payment of wages, payments upon dismissal, etc., the employer is obliged to pay the employee in accordance with the procedure established by the court with interest accrued for each day of delay.
It is necessary
Computer, pen, A4 sheet
Instructions
Step 1
To initiate legal proceedings, apply to the court with an application for the collection of a wage debt. To get started, collect the documents necessary for filing a statement of claim: an employment contract, an order for employment, a passport, a TIN, a certificate that confirms the amount of wage arrears, and the calculation of the amount recovered. Make copies of these documents for the defendant and third parties, certify with a notary.
Step 2
If the employer does not issue the necessary documents, claim them in court, indicating in the application that it is impossible to provide them through the fault of the employer.
Step 3
Write the application by hand or on a computer. In the application, indicate the name of the court to which you want to file a claim. Write your last name, first name, patronymic, address, telephone. Indicate the name of the employing organization, its details and address. If the respondent is a representative of the organization, indicate his name and address.
Step 4
In the text of the statement of claim, state the essence of the violation of your rights. Indicate what payments you have lost, for example, the salary was not paid on time or not in full. Describe the details of the claim clearly and concisely. Give your assessment by referring to the Labor Code.
Step 5
List the requirements, for example, "I ask to collect wage arrears" / "compensation of wage arrears" / "compensation for moral damage". Write in what amount the money should be collected. Indicate the cost of the claim, that is, the amount owed. The attachment to the application must contain copies of documents, as well as copies of the claim. Sign the application date and signature.
Step 6
Within five days, the judge will issue a ruling on the initiation of court proceedings, after which no later than two months later, a court decision will be made. You can appeal the court decision on appeal within 15 days from the date of receipt of a copy of the court decision.
