When concluding an employment agreement between the employer and the employee, the procedure for the payment of wages is established. But there are situations when the employer, for one reason or another, is unable or unwilling to timely pay for someone else's work. In this case, the employee has several possibilities to protect his rights.
Necessary
- - the Constitution of the Russian Federation;
- - Labor Code of the Russian Federation;
- - labor contract;
- - a computer with Internet access.
Instructions
Step 1
Wait until after the period specified in the contract 15 days have passed. Only from this moment can you start active actions. You have the right not to go to work, but you must notify your employer in writing. This is provided for in article 142 of the Labor Code. From this moment on, you can organize a strike, but do not forget to first familiarize yourself with article 409 of the Labor Code, as well as article 37 of the Constitution of the Russian Federation.
Step 2
An employee of an enterprise with a trade union or workers' association may apply to the labor dispute committee. According to labor legislation, such commissions include representatives of both the administration of the enterprise and the workers. Employees elect their representatives, and the administration appoints them. The term for applying to such a commission is 3 months after the employee learns that his rights have been violated. The decision of this body is binding on both sides. If, nevertheless, the employer does not fulfill it, the employee is issued a document with which he can contact the bailiff service. The labor dispute committee must consider the appeal within 10 days from the date of submission, and 3 days are given for execution.
Step 3
If there is no labor dispute committee at the enterprise, contact the State Labor Inspectorate. The responsibilities of this organization include overseeing compliance with labor laws, including issues related to the payment of wages. You can contact the State Labor Inspectorate through the official website, where there is an electronic reception.
Step 4
The prosecutor's office can also help an employee whose rights have been violated. A complaint is filed if the payment is 2 months overdue. This can be done by directly contacting the local prosecutor's office, as well as through the electronic reception. The prosecutor's office must oblige the employer to pay the debt. Otherwise, a legal procedure begins, which the employer who fined it usually loses. A court decision follows, and in case of non-execution, enforcement proceedings begin.
Step 5
The employee himself can start the judicial procedure, even if the salary is delayed by only one day. In this case, it is necessary to file a claim with a court of general jurisdiction. The claim is written in free form, but it is necessary to clearly and clearly state all the circumstances of the case.
