The Constitution of the Russian Federation guarantees every citizen the right to work, and the Labor Code of the Russian Federation guarantees wages for labor, which must be paid twice a month at equal intervals. If the employer does not comply with the requirements of the law, he can be brought to administrative or criminal liability, collect all the due amounts by force and receive compensation for each delayed day in the amount of 1/300 of the amount owed.
Necessary
- - application to the labor inspectorate;
- - a statement of claim to the court.
Instructions
Step 1
The obligation to pay wages at least twice a month is enshrined in article 22 of the Labor Code of the Russian Federation. Its amount must be indicated in the employment contract of each employee, and the terms of payment must be indicated in the internal legal acts of the enterprise. If you work and do not receive a salary, apply with a collective or individual application to the labor inspectorate.
Step 2
An official investigation will be carried out on your application, during which they will determine the timing of the delay in payments, the total amount of debt.
Step 3
But before taking tough measures to collect the amounts due to you, contact your employer directly and try to find out the reason for the delay and the timing of payment on them peacefully. Members of an independent or primary trade union organization, designed to protect and defend the interests of working citizens, can turn to the employer instead of you. If these organizations are not in your enterprise, create an initiative group that will contact the employer about delayed wages.
Step 4
If the measures you have taken have not led to success and you are still not paid your wages, file a claim with the arbitration court. According to article 392 of the Labor Code of the Russian Federation, the limitation period for the consideration of labor disputes, including those related to delay or non-payment of wages, is three months. During this period, you need to have time to file a statement of claim.
Step 5
On the basis of a court order, you will be paid the entire amount of the debt and the employer will be obliged to pay a penalty related to the delay. If your company is declared bankrupt in court and for this reason you have not been paid the amounts owed, you will be able to receive them only after the sale of the property, and the payment terms may be significantly delayed.
