A forfeit is compensation for late payment of wages, vacation pay, payment upon dismissal. If the employee worked without an employment contract, this does not exempt the employer from paying all amounts due.
Necessary
- - statement;
- - proof of the fact of work.
Instructions
Step 1
If you worked without an employment contract, this is already a direct violation of labor laws. To recover from the employer what you earned and receive a penalty in the form of a penalty in the amount of 1/300 of the amount owed for each day of late payments, apply to the labor inspectorate, the arbitration court or the prosecutor's office.
Step 2
When you work without an employment contract, you, accordingly, do not have an entry in your work book about hiring or dismissing. You will be able to prove the fact of your work only if the employees of the enterprise give evidence that you really worked at the enterprise.
Step 3
You can use any evidentiary base of the fact of your work at the enterprise, which will not contradict the current legislation. For example, when contacting the prosecutor's office, you may be given permission to record a conversation with an employer on the fact of non-payment of wages. It is illegal to use recording devices on your own.
Step 4
As proof, you can also use bank checks, which confirm the transfer of wages to your account, the stubs of receipts you received when calculating salaries, entries in the report card, in the journal at the checkpoint, etc.
Step 5
In any case, an internal investigation will be conducted on your application. If the fact of your work at the enterprise is confirmed, you will receive all the amounts due to you that the employer did not pay you on time or did not pay at all.
Step 6
From the total amount owed, you can collect a forfeit in the amount of the refinancing rate of the Central Bank of the Russian Federation at the time of consideration of your case. In addition, your employer will be held administratively liable.
