If you do not pay a salary, what to do? Surely this issue worries a huge number of citizens who are deceived with money unscrupulous employer. Currently, many companies, referring to the economic crisis, are trying to save on their employees by depriving them of their salaries.
However, for most Russians, employer money is the only source of income. If they do not pay salaries, what should they do? How to live? Let's look at these issues in detail.
Are there ways to find government for those companies whose management illegally deprives their employees of remuneration for their work? Of course! And they should be used whenever the employer is cheating with money.
Sabotage
So, if you do not pay a salary, what to do in this situation? The answer is quite simple - you have the right to stop work.
However, there are certain nuances. You must inform your employer in writing of your decision. You can’t go to work only after 15 working days from the moment you were refused to pay hard-earned money. The third caveat is that if you are in the public or military service, working in hazardous work or in the field of human life, you cannot leave your responsible post under any circumstances.
What measures to take
Of course, for many, the important question is what to do if they do not pay wages. Protection employee rights It is regulated in detail in the Labor Code, which gives clear instructions on the case of "monetary" fraud on the part of the employer. Of course, one should be able to defend one's privilege of remuneration for labor.
So what to do and where to go if you do not pay a salary? Consider this issue in detail.
Self defense
One of the common options for solving the above problem is a dialogue with company management. Again, it should be emphasized that one should not be afraid to defend one’s interests and fear that relations with the authorities will be ruined. Believe me, if the director sees that you are infantile about the fact that you are being delayed in paying money for your work, then he might think that you are comfortable with this state of affairs. As a result, in addition to unsubstantiated promises that you will receive money later, you will not hear anything from the management.
So, if you do not pay a salary, what to do to solve this problem? Choose a different behavior strategy: be tough on salary issues. Before you start a conversation with your superiors, write down your complaints on paper, in which case you can address them as intended.
And, of course, inform your management that if you do not reach a consensus with him, then give the complaints, claims and claims legal progress. Only in this case you can count on what will be considered with you.
Labor Inspectorate
The question: “I am not paid a salary - what should I do?” Has another fairly common solution. The legislation allows the employee in case of violation of his rights and interests to contact the labor inspectorate. For most, this way of dealing with “unscrupulous” employers is acceptable primarily because the aforementioned body was created specifically to ensure that guarantees in the field of labor relations are respected.
In other words, if you are not paid a salary, what you do not know, you can advise the following: feel free to contact the labor inspectorate by sending a written complaint there. So you will provide the supervisor with a reinforced concrete foundation to conduct an audit of the company for compliance with the rights of workers.
If the results of the audit confirm the facts of violation of labor legislation, then the administration of the enterprise, in addition to being obligated to pay money to its employees, can be fined. In certain cases, employees of the labor inspectorate will provide you with all possible assistance in the preparation of claims to the courts.
Prosecutor's office
Are you not paid a salary? What to do in this case? Of course, it is not superfluous to write a complaint to the prosecutor's office, which also belongs to the category of supervisory authorities. At your request, its employees initiate an audit, as a result of which the guilty person can be held liable, including criminal. Naturally, none of the employers will want to pay a fine, let alone go to jail. Therefore, after the above verification, you will immediately be given a salary.
Judicial authority
Does your employer lie to you saying that there is nothing for the company to pay salaries for? What to do in a similar situation?
You can take drastic measures and write a statement of claim directly to the court. Naturally, your primary goal is to return your honestly earned money, while punishing an unscrupulous boss is a secondary desire for you.
The imposition of sanctions on the “grief-employer” is the prerogative of the above supervisory authorities, and the court will help you restore justice from a material point of view. Moreover, in the statement of claim, you have the right to request a return of both the amount of the principal debt and the penalty for illegal use of funds, which is calculated based on the refinancing rate established by the Central Bank of Russia. It must be remembered that penalties are counted from the day you were to receive the money.
When considering what to do if you are not paid a salary, it should be noted that you also have the right to rely on moral compensation. In this case, you must provide evidence that you are mentally damaged as a result of not receiving remuneration for your work.
So, when deciding what to do if they do not pay wages, the recommendations will be as follows: first try to resolve the situation peacefully by discussing the problem with the employer, and if this does not help, then use heavy artillery - contact the supervisory authorities.
Where can I call if you do not pay salaries
You have no idea what to do if you do not pay salaries? In some cases, you don’t need to go anywhere or scribble complaints - just make one phone call. According to the law, every person has the right to apply to any state institution if his rights are violated, and he can do this in any form. That is why employees of the labor inspectorate or prosecutor's office must respond if you dialed their phone number. However, you must remember that for a formal investigation you will need a written document - such requirements are required by law.
Thus, if you called, for example, the prosecutor’s office, then you have the right to rely only on the advice of the employees about your further actions or on the appointment of a specific time when you can personally communicate with the investigator. At your request, an audit will be required of you to make a statement, which you will have to write in writing.
In some cases, delays in salary payments cannot be avoided
Now you know several effective ways by which the question of how to win salaries is decided.
However, in life, there are often situations when the employer's guilt that you did not receive timely remuneration for your work is not.
Good reasons
A delay in wages may arise due to circumstances independent of the will of the employer. In such cases, the director is obliged to pay his subordinates monetary compensation, the amount of which is determined taking into account the refinancing rate set by the Russian Central Bank. In this case, the legislator does not allow any exemption from this obligation, even if it is a matter of force majeure.
One way or another, but the law obliges to pay remuneration for labor at least twice a month. This postulate is also enshrined in the internal labor regulations and even if the delay in payment of money was only one day, then this is already a violation. However, it is difficult to imagine a person who would complain to the labor inspectorate that he received a salary not on the 15th but on the 16th of a given month. Nevertheless, such violations are unacceptable and it would be wrong to close their eyes to them.
Employer Responsibility
If there is a delay in the payment of remuneration to employees for their work and other violations of labor law, the guilty person is usually held administratively liable. Individual entrepreneurs and officials are required to pay a fine, the amount of which varies from 1000 to 5000 rubles. In addition, the first business can be suspended for up to 90 days.
As for legal entities, in case of untimely payment of wages, they can get off with a fine in the amount of 30,000 to 50,000 rubles. A punishment measure in the form of suspension of their entrepreneurial activity for a period of 3 months may also be applied to them. If we are talking about a relapse of the above offense, then disqualification of up to 3 years is not excluded.
When wages are not paid for two or more months, then the perpetrators are sanctioned by criminal law. In this case, violators will have to pay a fine in the amount of 100,000 to 500,000 rubles, or they may be imprisoned for up to 3 years, and they will also be prohibited from doing business or working in a managerial position for the same period of time.
Conclusion
If your employer does not want to pay your “hard-earned money,” then in no case do not be passive in this matter. Do not be afraid that you will ruin your relationship with your superiors. Think about what will happen if you are left without money for several months. In the end, it is never too late to change your employer if your specialty is in demand in the labor market. Do not forget that the employment relationship is subject to the terms of the contract, and if one party at some point ceases to fulfill its obligations, the other can not only demand their proper execution, but also reserves the right to change the employer or employee.
