It happens that employees who have already left the enterprise do not receive the due payment. But sometimes workers are not paid wages either. This situation can occur in a company of any level - both in a large holding company and in a small office. How do you get the employer to be conscientious and still pay you what you earn?
Instructions
Step 1
According to the Labor Code of the Russian Federation, employees must receive payments provided for by labor contracts twice a month, on strictly designated days. However, such punctuality is rarely found - in most companies, the calculation is made once a month, and it costs nothing to the employer to move the cherished day of pay.
Step 2
If you are new to the business, check with the old-timers for your management's pay policy. Perhaps a day or two of delays are common practice here. But the week of non-payment should be seriously alarming.
Step 3
Do not hesitate to ask your employer about the timing of your salary. Don't be satisfied with vague promises, ask for an exact date.
Step 4
If the boss cannot answer anything intelligible or violates the terms promised by himself, seriously think about whether it is worth working for this company. Is it a seasonal downturn now? Or is the company going through a reorganization and temporary difficulties? Answer these questions honestly.
Step 5
There are no apparent reasons for non-payments, and money is not expected? Or, even worse, did some of the employees still receive money, while others, including you, did not? Then it's time to act.
Step 6
Remember what your salary is made of. If in the employment contract part of it is designated as a bonus, keep in mind that you may legally not be paid this bonus. But everyone designated by the word "salary" is required to pay.
Step 7
Contact the labor inspectorate, and if you cannot leave work, send a certified letter with an attached application to the inspectorate's address. In a free-form application, state that you are not paid a salary, indicate the timing of non-payments and the reasons that are voiced by the employer.
Step 8
A check will be carried out on the fact of your application. In the course of it, a lot of minor violations are usually revealed, such as the absence of a vacation schedule or a system for recording working hours. The first visit of the inspector usually does not make much impression on the employer, however, the submitted application will prove to him that you do not intend to joke.
Step 9
Go to your boss and explain to him in the most accessible form how you intend to act. The next item on the program will be an application to the district prosecutor's office. If this does not work, you will submit another application, this time to the city prosecutor's office. Explain to the director that deliberately not paying more than two wages can be considered a criminal offense.
Step 10
Perhaps, after such statements, the manager will think that it is better for you to quit. Agree. However, make it clear that your plans do not include voluntary dismissal. You will leave by agreement of the parties, having previously drawn up a document on the terms of termination of the employment contract. This is the only way to get completely not only white, but also black salary. Calculate the amount owed and add some percentage for moral damages. These amounts are recorded in the agreement and certified by the signature of the director of the enterprise. Thus, the black salary is whitewashed, and quite legally.
Step 11
If the leader does not agree, do not get upset and do not give up the position. Carry out your threats. Write a statement to the district prosecutor's office and another statement to the labor inspectorate. Modesty is inappropriate here. Remember - these organizations exist precisely to defend your rights. After passing a couple more checks and receiving a certain number of fines, your boss will understand that it is easier for him to pay off and part with you in a good way. What you actually wanted.
