Each company must responsibly approach its obligations to employees. Often, the heads of different firms have wage arrears, as for various reasons there may be no means to pay workers. Employees are always negative about the delay in salary, and if it is long, then there is the possibility of forcing the collection of funds.
Salary Payment Rules
Debts for monetary reimbursement of labor costs may arise in any organization for various reasons. Salary is represented by remuneration for labor, and it can be expressed in money or in kind. Labor relations arising between citizens and companies are regulated by numerous articles of the Labor Code. When hiring any person for work, an official labor contract is signed. It lists the rights and obligations of the parties. Additionally, it indicates the amount of employee benefits.
Information about the size of the salary and the rules for its transfer are fixed in the regulatory documentation of the company. This includes the accounting policies of the company, the collective labor contract and charter.
A special fund is created to form the salary of all employees. Payments consist of salary and additional charges. Based on Art. 136 TC salary should be paid at least twice a month.
What are the reasons for arrears?
Salary debts usually arise for the following reasons:
- mistakes made by accounting staff;
- lack of profit as a result of the company;
- seizure of an enterprise’s accounts by bailiffs, employees of the Federal Tax Service or other government bodies with the appropriate authority;
- division of property carried out by the leaders of the organization;
- conducting bankruptcy proceedings;
- lack of customers due to blacklisting of large contractors;
- the presence of significant receivables, which are recognized as hopeless;
- intentional actions on the part of company executives who pursue any selfish goals.
Regardless of the cause of the debt, the head of the company must take care of its prompt repayment. If the LLC has a salary debt for a long period of time, this may be the reason for workers to appeal to a court, prosecutor's office or labor inspectorate. In this case, the money will be collected in a forced way, and the company will be held liable.
How to get information about the amount of debt?
Each person receiving a salary in a company can find out about the accruals and payments on the basis of a pay slip. It contains many lines, each of which has its own purpose. You can get such documentation in the accounting department of the company.
To confirm that all employees received their salary, a special payroll is used. Each employee signs it after receiving income. In addition, a bank statement can be used if the funds are transferred to a bank account.
You can find out about the presence of a mastiff due to the absence of checklists or transfers in the bank. If there is no salary for 14 days, then this is the basis for the forced collection of money. Additionally, the employer is liable under such conditions.
What penalties are applied?
Debt collection on wages can be carried out in various ways. According to Art. 136 TC, the employer is obliged to pay employees a salary twice a month. If the delay is only a few days, then no enforcement measures are taken.
If the money is not available for a long period, then the employee can turn to different state institutions for help. Therefore, if the money is not transferred within 15 days after the period in which employees are paid salaries, then different enforcement measures can be used:
- they may not legally go to work until they receive their funds;
- a claim is drawn up in the name of the head of the company, which indicates the need for prompt repayment of debt;
- applications to the labor inspectorate and prosecutor's office are drawn up;
- a claim for payment of a penalty is presented;
- an appeal is made to the court, and after a positive decision is made on the suit, it is the bailiffs who will recover the funds.
If it comes to court, then workers can demand not only repayment of wage arrears and payment of forfeit, but also accrual of non-pecuniary damage.
Drawing up an application addressed to the head of the company
Initially, company employees should try to get money from the employer in a peaceful way. To do this, a notice is compiled on the need to pay salaries. The rules for its preparation include:
- the text indicates the need to pay wage arrears;
- data on the employer and direct employee are provided;
- it is prescribed that if this requirement is not satisfied, the employee will be forced to file a lawsuit with the court and a complaint to the labor inspectorate;
- documentation is made in duplicate, since one application is transmitted to the head of the company, and the acceptance mark is placed on the other;
- it is indicated that if the employer does not fulfill his obligations, the employee will legally cease to engage in labor activities, and at that time the average earnings will be retained;
- in addition, you can specify the need to pay compensation, which is calculated on the basis of 1/300 of the Central Bank refinancing rate.
If within 10 days a salary with a forfeit is not paid, and there is also no other reaction from the head of the company, then employees can use more stringent measures of influence on the director.
Filing a complaint with the labor inspectorate
If the required funds are not paid by the head of the company in a peaceful manner, then the employees are forced to seek help from the labor inspectorate. The specialists of this organization are engaged in collecting wage arrears. Settlement and collection is carried out by them on the basis of official applications filed by employees of the company. The rules for contacting this institution include:
- Anonymous appeals are not considered, so you will have to submit applications officially;
- Labor inspectors consider various cases related to the violation of labor rights of citizens;
- based on such statements, a company audit is carried out;
- complaints are considered for a maximum of 30 days, after which a decision is made, of which the applicant is notified;
- if it is really revealed that the employer is illegally delaying the payment of salaries, then significant fines are applied to the company, and the forced suspension of the enterprise is often used.
In most cases, applying to the labor inspectorate gives the desired results.
Drawing up an application to the prosecutor
Sometimes even applying to the labor inspectorate does not lead to the fact that employees train their money, therefore, wage debt still remains.What to do in such a situation? Under such conditions, it is advisable to contact the prosecutor for help. There are certain rules for contacting this organization:
- the application can be in paper or electronic form;
- it is considered by prosecutors within 30 days;
- Based on such a complaint, a company audit is carried out;
- if violations are detected, the company and its officials are held liable;
- the employer is forced to transfer salaries to employees.
When contacting the prosecutor’s office, it’s important not only to correctly compose a statement, but also to attach documents confirming the correctness of the organization’s employee to it. This includes an employment contract, a work book, an extract from the bank, as well as a requirement to transfer a salary previously transferred to the director of the company.
Often with the poor financial condition of the company is the presence of wage arrears. Bankruptcy is not a good reason for non-payment of salaries, therefore, under such conditions, all employees become creditors. They can primarily count on debt repayment compared to other recipients of funds.
Filing a lawsuit
If the above measures do not lead to the desired result, then the last way to collect wage arrears is to go to court. The rules of the trial are as follows:
- most often a collective complaint is filed by several employees of the same company;
- it is important to submit to the court not only the lawsuit, but also all documents confirming the existence of salary arrears;
- the court appoints an audit;
- if as a result of this process the presence of debt is really revealed, then a positive decision is made on the claim;
- workers may demand not only repayment of the debt, but also accrual of forfeit, as well as transfer of compensation for moral damage.
Careless employers are held accountable. It can be presented not only with a fine in the amount of 30 to 50 thousand rubles, but also with criminal liability if the salary is not transferred within three months. Additionally, the activities of the organization are temporarily suspended.
Conclusion
Each employee can expect that he will receive his salary on time. When a debt arises, citizens can apply to different authorities to protect their labor rights.
If the employer refuses to repay the debt in a peaceful manner, he will be held liable. Additionally, employees will be able to recover compensation from him through the court for non-pecuniary damage.