Wages must be calculated and paid twice a month at equal intervals of time (Labor Code of the Russian Federation). If the employer does not follow these instructions, the entire amount of the salary can be enforced.
Necessary
- - application to the labor inspectorate;
- - application to the arbitration court.
Instructions
Step 1
With a question about the accrual and payment of earned money, contact the employer directly. You can do this personally, collectively, or through the representatives of the primary, independent trade union committee, who are obliged to protect and defend the interests of workers before the leadership. If there is neither a primary nor an independent trade union committee in your organization, create an initiative group from among those working at the enterprise, who, on behalf of all employees, will apply to the employer for the calculation and payment of the detained amounts due.
Step 2
If the employer does not respond to anyone's requests and continues to delay the earned money, contact the labor inspectorate in writing. Based on your application, the organization will conduct a check and issue a written warning to the employer indicating penalties and other measures for further delay in remuneration.
Step 3
If this measure did not bring the desired results, and you still have not been credited or paid wages, file a statement of claim and apply to the arbitration court with it.
Step 4
In the statement of claim, indicate the deadlines for the delay in wages, the amount that was not paid to you, the measures that you took to resolve this issue. An application to the court must be submitted individually from each employee.
Step 5
In accordance with a court ruling, the employer will be compulsorily obliged to pay all arising debts to employees and penalties in the amount of 1/300 of the amount owed for each overdue day.
Step 6
In addition, an administrative fine of 100 thousand rubles will be imposed on the administration of the enterprise. At the next delay in the calculation and payment of wages, the work of the enterprise will be stopped for a period of 90 days. The delay in payments for the third time threatens the employer with criminal prosecution and imprisonment for up to three years.
