In difficult financial conditions, any company saves money. But it is very bad if it tries to implement the savings program at the expense of its employees. If the company regularly delays wages or pays only part of it, do not wait for the employer to wake up conscience. Get your money legal. This path is not difficult, but rather long. But there is a chance not only to return all unpaid, but also to receive compensation for the delay.
It is necessary
- - your employment contract;
- - Internet access or telephone directory;
- - the passport.
Instructions
Step 1
Assess the situation. If the company owes all its employees and is in no hurry to pay, there is no need to wait for a change in the situation. Do not waste time contacting the union and discussing the situation with deceived colleagues. The larger the wage debt, the less chances that the company will pay it off in full. Simply put, there may not be enough money for everyone. In a debt recovery situation, the winner is the one who began to seek debt repayment first.
Step 2
Write a request to the name of the CEO of the company with a request to explain the reasons for the delay in wages and indicate the exact date of receipt of the money. The request must be made in two copies. If the director or his secretary refuses to accept the request, send it by registered mail.
Step 3
Collect the required package of documents. Remove several copies from the employment contract, passport, request. They will need to be attached to all applications. The statements themselves should be copied too. Keep all documents in one folder. Do not throw anything away until the final payment is received.
Step 4
Contact the labor inspectorate. Make a statement where you indicate how long you have not been paid wages. Sample applications can be found at the admissions office. If you cannot come to the labor inspectorate in person, send your application by registered mail. Indicate that you made a request to management for a payment date and did not receive a response.
Step 5
Without waiting for the results from the inspection, draw up a statement to the district prosecutor's office. Upon your application, an inspection of the enterprise will be scheduled. Before contacting, it makes sense to communicate your plans to management and demonstrate a ready-made statement - sometimes this is enough to get a full calculation.
Step 6
If the management does not make contact, go to court. To do this, you must file a statement of claim at your place of residence or at the place of registration of the company. In the application, demand the return of all the money you owe and compensation for their delay - not less than 1/300 of the refinancing rate of the Central Bank of the Russian Federation. You must make the calculation yourself. The court will either agree with your amount or make its own calculations. If we are talking about the return of the "white salary", most likely, the decision will be made in your favor. After a court decision is made, the responsibility for recovering the money rests with the bailiffs. If the employer does not make the calculation voluntarily, they have the right to seize the property of the enterprise (including bank accounts). Note that the director's personal property is not subject to seizure.
