In accordance with the instructions of the Labor Code of the Russian Federation, wages must be paid twice a month at regular intervals. If the employer does not comply with the law, the employee has the right to collect all the money earned through the courts or go to the labor inspectorate.
It is necessary
- - application to the labor inspectorate;
- - application to the court.
Instructions
Step 1
To collect from the employer all the wages that he delays and does not pay on time, apply to the labor inspectorate. You can submit an application collectively or on your own - individual.
Step 2
Indicate from what date you did not receive wages, the entire amount of debt, the full name of your company, the last name, first name, patronymic of the employer.
Step 3
An internal investigation will be conducted on the basis of your application. If violations are revealed on the part of the employer, then for non-payment or delay of wages, he will be fined or the work of the enterprise will be suspended for up to 90 days. If the violation is repeated, the employer may be held criminally liable.
Step 4
In addition, he will be obliged to pay all delayed wages and a penalty for late payment of labor. The amount of the forfeit is equal to 1/300 of the amount owed for each day of delay in payments.
Step 5
Instead of a labor inspection, you can go to an arbitration court. Submit a statement to the court with a full description of the situation. You will also need to provide evidence that you did not receive wages or did not receive payments upon dismissal, vacation pay or other amounts due.
Step 6
A case will be opened based on your application. Testimony of witnesses can be used as an evidence base.
Step 7
The employer will be forced to pay the entire amount of wage arrears owed to employees, as well as to pay everyone a penalty in the amount of 1/300 of the amount owed for each overdue day of payment.
Step 8
Even in the event of bankruptcy of the company, you have the right to receive all the amounts due to you after the disposal of the existing property. You also need to go to court to receive unpaid wages.
