Why didn't they pay. If you haven't paid your salary: where to go to get payments from your employer

Termination of employment must be accompanied by full settlement. Such requirements are enshrined in current legislation.

Dear Readers! The article talks about typical ways of solving legal issues, but each case is individual. If you want to know how solve exactly your problem- contact a consultant:

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However, this is not always the case in practice. For this reason, the employee must find out in advance what to do if the salary is not paid upon dismissal.

General information

If the employer violates applicable law, the employee must identify in advance how to protect his rights, as well as know the payments that must be provided.

You can make sure that the company has made a full calculation, guided by the following rules:

1. The employee is provided with wages for all days worked.
2. If the employee was not on vacation, compensation is provided.
3. If a specialist is laid off, he is entitled to severance pay. The amount of the payment is equal to the average salary.
4. All remuneration provided by local regulations must also be paid.

There are also special cases, upon the occurrence of which the list of payments is supplemented. Their list is fixed in.

A similar situation is possible if a specialist leaves due to disability.

If the employer has delayed the provision of wages, he is obliged to pay compensation. A similar rule is enshrined in article 236 of the Labor Code of the Russian Federation. Compensation is provided for each day of delay.

The legislative framework

To know how to act in this situation, you should familiarize yourself with the current legislation of the Russian Federation.

Particular attention should be paid to:

• The Constitution of the Russian Federation;
• Administrative Code of the Russian Federation;
• Labor Code of the Russian Federation.

Knowledge of the regulations will facilitate the human protection procedure.

Obligations of the employer

According to the current legislation, the employer is obliged to pay the employee all due funds in full.

Incomplete fulfillment of obligations is a violation.

Due payments and compensations

The list of available payments is strictly regulated.

Leaving a previous job, a person will be able to receive:

• for unused vacation;
• wages for each day worked;
• bonuses and other incentives provided for by the company's internal regulations;
• if reduction is in progress.

If the due payment has not been provided, the employer can be held liable.

Did not pay salary upon dismissal

If after the dismissal the salary was not paid, the procedure is the first thing a deceived citizen should think about.

To get the money you owe, you need to act strictly in accordance with the rules and know the provisions of the law. For this reason, it is worth starting the procedure with an analysis of relevant information on the topic.

The timing

How long after dismissal do you have to pay wages? According to the rules, the employer is obliged to complete the full with the employee no later than the day of the latter's dismissal.

If the requirement is not met, it is considered a violation.

What to do?

Regardless of whether a person worked under an employment contract or carried out activities without it, he can apply for a salary.

The fact is that labor relations arise not from the moment of signing the contract, but from the beginning of the fulfillment of obligations. A similar rule is enshrined in article 61 of the Labor Code of the Russian Federation.

Where to go?

Today there are several instances that can help a citizen defend his rights.

The choice of a government agency depends on the nuances of the current situation.

Labour Inspectorate

If the employer does not want to solve the problem peacefully, the citizen can write an appeal to the labor inspectorate.

Its main goal is to ensure control over the implementation of the provisions of the Labor Code of the Russian Federation.

The instance has the following rights:

• monitor the employer's compliance with the provisions of the Labor Code of the Russian Federation;
• explain to employees their rights;
• receive citizens and consider their complaints;
• consider cases of administrative accidents, if the employer has allowed such a thing.

An employee can contact the labor inspectorate in person. Trade unions and labor collectives have a similar right.

The state body can order the employer to eliminate the existing violations.

Court

If the violations have not been eliminated, the employee can file a complaint with the court. To start the process, you must submit an application to the district government body.

Justices of the peace do not deal with such issues. The application is submitted at the location of the employer.

Prosecutor's office

An appeal to the prosecutor's office is also permitted. In order for the state body to start considering the case, you need to draw up a statement.

Proof

The fact of violation of rights will have to be proved. As a confirmation of his innocence, an employee can use certificates received in accordance with the current legislation.

An employee should have with him:

• copies of orders;
• a copy of the employment contract;
• a certificate confirming the amount of income;
• document on the transfer of insurance premiums;
• a copy of the work book.

The court will agree to accept other information confirming that the wages were not paid.

The presence of such documentation will become the basis for a decision in favor of the employee.

Employer's responsibility

The employer is liable for late submission.

Violation of employee rights in 2020 is fraught with fines and the need for compensation.

What is the threat?

If the employer does not fulfill his obligations, he can be brought to a whole list of types of liability.

They include:

1. Material. For every day overdue, workers must be compensated. It depends on the current discount rate of the Central Bank of the Russian Federation.
2. Administrative. For violation of the norms of the current legislation, a fine is imposed. Its value can be up to 50,000 rubles.
3. Criminal. If the employer ignores the rules for more than 3 months, the amount of the fine will increase to 500,000 rubles. In addition, the guilty party can be brought to correctional labor, and in especially serious cases, deprived of liberty.

To avoid punishment, the employer must not violate the existing rules.

Is it possible to compensate for a delayed payment?

If the employer does not pay off employees on time, he will have to provide compensation.

If there was informal employment

If the employment contract has not been concluded, the employee will also be able to restore violated rights. The fact of admission to the performance of duties is already a confirmation of the existence of an employment relationship. However, admission to work and subsequent employment will also have to be proven.

So that there are no problems with confirming the fact of cooperation, it is worth having copies of all documentation in advance.

What to do if a shortage is collected?

If, as a result of the inspection, a shortage of property or money is revealed, the employer has the right to go to court and recover the damage caused. Such a possibility is enshrined in article 239 of the Labor Code of the Russian Federation.

If a citizen understands that he is to blame for the shortage, it is better to independently compensate for the damage and avoid litigation.

According to the Labor Code of the Russian Federation, the employee must be paid wages twice a month. Delays can occur for a variety of reasons, but the most common culprit is the unscrupulous employer. Read in the material "RIAMO in Lyubertsy" how to solve this issue and where to turn for help.

Regulations for the issuance of wages

GIPHY website

The Labor Code of the Russian Federation spelled out all the rules for the issuance of wages, which are binding on all employers. An employee must be paid a salary at least twice a month. If you are paid once a month, it is illegal.

Pay days should be clearly stated in the individual contract or collective bargaining agreement. If the day turns out to be a non-working day, then the salary should be given before that day, and not after. Likewise, vacation pay should be calculated three days before the official start date of the vacation.

In addition, the employee must know exactly how much he receives for his work, what the salary is, when he was given the bonus - all this must be reflected in the accounting documents.

Sometimes it happens that the company does not have money, and it pays with its employees with products. This cannot be done without the consent of the employee.

Arrears of wages less than 15 days

Alexander Kozhokhin

If wages are delayed by less than 15 days, be patient and wait. The employer is obliged to pay the due money and charge a penalty for each delayed day.

Article 236 of the Labor Code of the Russian Federation states: “If the employer violates the established deadline for payment of wages, vacation pay, dismissal payments and other payments due to the employee, the employer must pay interest (monetary compensation) in the amount of at least 1/300 of the current the refinancing rates of the Central Bank of the Russian Federation from amounts not paid on time for each day of delay starting from the next day after the due date for payment up to and including the day of actual settlement ”.

Simply put, the formula is: wage arrears X 1/300 of the refinancing rate X number of days of delay = compensation. In this case, the employer must calculate the amount of the penalty on his own.

If the employer does not pay the employee a penalty interest, then you can go to court.

Overdue salary more than 15 days

Alexander Kozhokhin

There is no salary, but 15 or more days have passed since the date of issue specified in the contract? We arm ourselves with Article 142 of the Labor Code of the Russian Federation, which says: "the employee has the right, notifying the employer in writing, to suspend work for the entire period until the payment of the delayed amount."

Write a written statement in two copies - to yourself and to the employer, both of them must be signed by him. If the employer refuses to sign - send the application by mail, just be sure to indicate the date of sending and that the letter must be delivered in person with a note of receipt.

You are required to pay for the period of suspension of work at the rate of at least 2/3 of your average salary for the period of downtime. But remember: the day after your salary is paid, you must start work. You cannot be dismissed on account of absenteeism or other violations.

When work cannot be suspended

GIPHY website

The Labor Code strictly stipulates to whom and when it is forbidden to suspend work due to non-payment of wages. So, you cannot write such a statement during the introduction of martial law or a state of emergency in the country.

Doctors, military men, firefighters, rescuers, government officials, employees of especially dangerous enterprises cannot suspend work. This list also includes employees who are engaged in energy supply, water and heat supply.

Delay in payments after dismissal

Website of the Ministry of Ecology and Natural Resources Management of the Moscow Region

Have you already said goodbye to the organization, but the payments due after the dismissal have not been credited to your account? Go to court.

Collect documents, evidence of non-payment of money, testimony. If you prepare well, then you will probably win the case and receive the entire salary, as well as penalties, which in this case are also charged.

Where to contact

If the employer does not pay wages, you have the right to contact the labor inspectorate. If you are afraid of being fired, call them anonymously.

You can come to the regional office of the labor inspectorate and write a statement, you can also send it by mail. In the appeal, indicate the last name, first name, patronymic, postal address, telephone number. Write down the period of non-payment of money, the total amount owed. Attach a copy of the employment contract and proof of non-payment of wages, if any.

The appeal is considered within 30 days. Based on the results of the audit, the employer will be given an order to pay you wages, as well as to accrue a penalty. The labor inspectorate monitors the execution of the order.

If this does not help, then you can go to court and write a statement to the prosecutor's office. Anonymous appeals to the prosecutor's office are not considered, so the application must be written in person.

Prepare proof of employer's guilt in advance. Take the payroll slips, or at least take a picture of them so that you can see the name. Make a copy of the employment order and work record, where the corresponding entry is made.

Talk to the employer in advance, ask him about why the salary is not paid and when it will be issued. If possible, record the conversation on a dictaphone. Witness testimony may also be useful.

What threatens the employer

website of the State Housing Inspectorate of the Moscow Region

The Labor Code provides for two types of liability for an unscrupulous employer - administrative and criminal.

Administrative liability includes fines, as well as deprivation of the right to engage in entrepreneurial activity for a period of three months or disqualification for six months.

Topic delays in the payment of wages always relevant, in any economic and political situation. In 2016, amendments were issued that toughen the punishment for late payment of salary! The article is relevant for 2018-2019 !!

There will always be unscrupulous employers who, by all means, try to avoid paying the employee his hard earned money.

In this article I will tell you about ways to deal with them, and also show you ways to resolve conflict situations.

The legislator has clearly defined the rules for calculating and paying the employee's salary, but often the employer does not want or cannot comply with the law. There are several ways to resolve the issue of salary payments. Let's take a look at them.

○ Not paid or delayed wages, what to do?

The legislator has identified several options for protecting the rights of workers in the event of non-payment or delay in payment of wages (Article 352 of the Labor Code of the Russian Federation):

• Self-defense.
• Protection of the worker's rights by a trade union organization.
• Contacting the labor inspectorate.
• Forensic protection.

Also, supervision and control in the field of labor rights is carried out by the bodies of the Prosecutor's Office.

It is clear that the last two instances (the court and the Prosecutor's Office) are an extreme method of protection, entailing not only financial liability of the dishonest employer to the employee, but also administrative and even criminal liability for these violations.

If the employee chooses the path of self-defense, then you should use the rights provided by Art. 142, 379 of the Labor Code of the Russian Federation, namely, to suspend work for the entire period of delay in payments. For this, two conditions must be met:

• The delay is more than 15 days.
• It is necessary to notify the employer in writing about the suspension of work, filing a notice must be done either through the reception (or office), or through the post office - in this case it will be impossible to fire an employee for absenteeism.

It is worth remembering that in some situations:

A period of martial law or a state of emergency, and for certain categories of workers:

• The armed forces, the Ministry of Emergency Situations, emergency rescue teams, firefighters, liquidators of natural disasters, etc.
• Law enforcement agencies.
• Civil servants.
• Employees of especially hazardous facilities (power plants, for example).
• To workers whose field of activity is related to the life support of citizens - energy companies, water and gas supply, an ambulance and emergency medical worker ...

FORBIDDEN SUSPENSION OF WORK!

If a trade union is created in the organization, then its direct function is control over observance of labor legislation and protection of workers' rights... An employee can apply to the union in writing.

The appeal must describe in detail the current situation, with an employment contract attached. In the described case, the methods and measures of pressure on the employer are already chosen by the trade union, you only need to give detailed explanations on the case and control the process.

It is no secret that in most cases a trade union is an employer's “manual” organization. So you shouldn't really count on their help.

Another thing is the state labor inspection (GIT) - the state body for control and supervision over the observance of labor legislation. In case of violation of rights, the employee has the right to apply in writing to the specified state body.

On the basis of your application, the inspectorate will conduct a comprehensive check, request the necessary documents, both from the employer and from other organizations and government agencies (for example, the tax inspectorate or the bank serving this company).

Based on the results of the audit, a decision will be made according to which an unscrupulous employer can be brought to administrative responsibility and he will be given an order to eliminate the violations identified. In case of revealing the composition of a more serious offense, the material of the check will be transferred to the Prosecutor's Office or the court.

If the conflict situation is resolved before the intervention of the Prosecutor's Office or the court, the employee can to go to work on the day the resulting debt is transferred, without any consequences for oneself (according to the law).

○ Compensation and settlement for delayed wages.

In accordance with Art. 136 of the Labor Code of the Russian Federation in the employment contract must be determined place and terms of salary payment... It also established that it must be paid at least every 2 weeks.

Place of payment- this, as a rule, is the employee's workplace, and the terms are understood as the specific dates of each month. If the employer violates the deadlines for the transfer of wages, the employee is entitled to monetary compensation for each day of delay.

As Art. 236 of the Labor Code of the Russian Federation in case of a delay in the transfer of wages, as well as other mandatory payments (vacation pay, for example), the employer is liable regardless of his fault.

The specified norm establishes the employer's obligation on payment of interest for each day of delay in payment... The legislator has established the amount of compensation equal to 1/300 of the refinancing rate of the Central Bank of the Russian Federation as of the calculation date.

An employment contract may establish a different amount, but it cannot be lower than that established by law.

Compensation = Wage arrears × Number of days of delay × 1/300 × Refinancing rate (0.0825).

It is worth remembering that the advance payment and wages have different periods of delay, and so in each month, respectively, the above formula is applied to each of the amounts not paid on time, then all the amounts are added.

○ Employer's liability for delay.

The Criminal Code provides for quite serious sanctions against an employer who violates the terms of payment of wages.

With a delay of more than two months, the fine is up to 120 thousand rubles, and in case of serious consequences - up to five hundred thousand. Criminal liability is also assumed - from 2 to 5 years.

At the same time, a person who has violated the rights of employees to receive timely wages may be deprived of the right to hold certain positions for up to 3 years. So employers are better off not joking.

○ Sample notice.

It is necessary to draw up a notice of termination of work in 2 copies and submit it to the office or reception of the head of the organization. In case of refusal to accept documents, they should be sent by mail with a list of attachments and a receipt acknowledgment.

Thereafter suspension of work will be legal and reasonable and will serve as evidence of the employee's compliance with the law and protect himself from charges of truancy.

to CEO
LLC "Patriot"
V.V. Ivanov
From the chief engineer
S.A. Perepelkina

Suspension notice
under the Labor Agreement No. ___ dated _______

I would like to inform you that, despite my repeated appeals, the salary arrears have not been repaid as of today.

For this reason, I, ______________________, notify Patriot LLC of the suspension of my work for the entire period until the payment of wage arrears.

In accordance with Part 2 of Art. 142, 379 of the Labor Code of the Russian Federation, I have the right, notifying you in writing, to suspend work until the debt is paid.

The delay period for the payment of my salary is from January 01, 20___ to February 15, 20__, which is ________ days.

Based on the foregoing, I suspend work and consider it possible to resume the performance of my official duties after the transfer of the debt.

Wage arrears in the amount of ______________ rubles, please transfer to the following bank details: _____________________________________________________________

Unfortunately, the problem of non-payment of wages by unscrupulous employers still remains relevant. Many managers first of all solve problems with their own profit, and only then deal with the issues of employees' earnings.

Dear Readers! The article talks about typical ways of solving legal issues, but each case is individual. If you want to know how solve exactly your problem- contact a consultant:

It's fast and IS FREE!

An employee who finds himself in such an unpleasant situation must independently monitor the observance of his right to remuneration for labor.

There are several instances where an employee can contact if a delay, partial or complete non-payment of wages has been identified.

Russian law also provides for sanctions for employers who violate the rights of their employees.

General information

Each firm has specific dates and the issuance of wages and advance payments to employees.

For many people, even small delays in monthly wages are critical.

Often, an unscrupulous employer does not want to make contact with an employee.

If the problem with delayed wages remains unresolved, the employee must know where to go if the salary is not paid.

At the same time, the main goal of the employee is to return the money earned, and the authorized bodies should deal with the sanctions against the employer.

What does the law say?

The Labor Code regulates some issues related to wages:

• establishes that every employee has the right to timely remuneration;
• it states that the employer is obliged to provide workers with wages equal to the efforts made.

The term of the monthly payment and its amount are established in the Regulations on Wages or other local acts of the company.

Where to go if you don't pay your salary?

Federal Law No. 59-FZ gives every citizen the right to appeal to any government agency and receive an answer to his request.

To restore his right to remuneration for labor, an employee can apply to the following state authorities:

• to court;
• to the prosecutor's office;
• to the labor inspectorate.

There are no strict forms for applications with which a citizen can apply to the labor inspectorate or the prosecutor's office.

However, it is worth knowing that the state authorities will accept an appeal from a citizen only if there is a written basis.

You can get advice from the authority orally, but if you need a result, you still need to apply in writing. Then the application will be accepted, and a check will be made with further proceedings on the fact of violation of rights.

How long can you delay?

According to the law, management should not delay the payment of the due amounts to employees, even by 1 day. But due to the fact that the liability of the employer for such a violation begins at a later time, we can say that the conditional delay period is still present.

This period is stipulated in, it is 15 days from the day when the payment arrears were formed.

What to do?

If the employer has not transferred the money on the appointed day, the employee is advised to wait for the minimum period during which wages can still be transferred without penalties for the employer.

After that, you can proceed to actions - referring to the management or to the appropriate authorities.

Absenteeism

An employee who thinks about where to turn, if they do not pay salaries, should know that the first instance is his own leadership.

In accordance with the already mentioned Article 142, any employee has the right to self-defense.

In this case, the protection of one's own rights consists in refusing to go to work. However, this step is only possible under certain conditions:

1. The delay in the payment of wages is 15 days or more.
2. The employee must notify the employer in advance of his intention not to appear at work due to non-payment of wages.

It is important to know that if the employer, in response to the notification of the employee about absenteeism, notifies the intention to pay wages, the employee must return to his work duties the next day.

Who is prohibited from suspending employment

So, persons employed in the following areas cannot do this:

• civil service;
• hazardous production;
• life support - ambulance, heat supply, etc .;
• government units - the armed forces, rescue teams, etc.

Likewise, it is prohibited to temporarily suspend their work duties for employees who are employed in territories with a martial law or a state of emergency.

Where to complain?

The choice of the authority to contact depends on the specific case. For example, categories of workers who are prohibited from deliberately not going to work can immediately contact the labor inspectorate.

Employees whose unscrupulous employers do not respond to complaints about salary delays can also submit a written appeal there.

To the labor inspectorate

As a rule, contacting the labor inspectorate is the most effective way to get your money back.

In addition, the option with a labor inspection is the most convenient for many workers, because this body was created specifically to oversee the implementation of labor legislation.

The Labor Inspectorate accepts free-form applications from citizens about violations of their rights.

In such a paper, it is worth describing the situation, taking into account all the details. But on the basis of it, a check will be made.

If violations are found, the employer will be punished. In addition, employees of the labor inspectorate can assist in drafting a claim to the court.

To court

A claim should be filed with the court if the appeal to the labor inspectorate has not yielded results.

The court will help to return the honestly earned funds. The punishment of the culprit will be dealt with by the authorities that have the right to do so.

In addition, labor can be requested in court. The employer will be obliged to pay it, because he used someone else's money. Compensation is calculated for each day of delay in wages.

For example, if wages are paid on the 1st day of each month, then if payment is delayed, interest will be calculated starting from the 2nd day.

Compensation is calculated as 1/150 of the Central Bank's rate for each day of delay.

To the prosecutor's office

The prosecutor's office is empowered to carry out checks on applications from citizens. This body can also be contacted by persons whose employers are withholding wages.

An application to the prosecutor's office can be submitted in person or by mail, by sending it by registered mail.

But with a personal contact, the problem will be resolved faster. Statements from citizens against unscrupulous employers are not uncommon in the prosecutor's office.

The paper describing the problem must be prepared in duplicate. One of them should be given to an authorized employee, and the other should be kept with you.

The application is drawn up in a standard form:

• at the top, a heading is indicated containing the name and contact information of the applicant;
• the main part describes the situation;
• at the bottom of the document, the date of filing the application is put and the signature of the applicant is left.

When contacting the prosecutor's office, you must provide evidence of the fact of non-payment of wages. It is better if there are witnesses among colleagues who can confirm the victim's words.

It is important to know that misrepresentation is punishable.

Required documents

The main document when filing a complaint against an unscrupulous employer to the appropriate authorities is a statement.

It is necessary to provide other documents, if any, confirming the fact of non-payment of wages to the employee.

Nuances

There are some nuances related to defending the rights to remuneration of labor. One of them concerns foreign workers. Where should they go in case of salary delays?

Labor relations of this category of workers are also regulated by the Labor Code of the Russian Federation. Therefore, they, like other employees, can defend their rights in the same instances.

After dismissal

Upon dismissal, an employee claims to receive:

• wages for the last month worked;
• compensation for unused vacation;
• in some cases, severance pay.

If the employer did not deal with the employee upon his dismissal, then the latter has the right to appeal to the same authorities - the court, the prosecutor's office, the labor inspectorate.

However, the basis for the appeal should be formulated slightly differently, in accordance with the situation.

In case of informal registration

Many employees are with employers. Therefore, with delays in monthly payments, they have a reasonable question: where to go? The situation is complicated by the fact that there is no documentary registration of employment in this case.

The worker must go to court. After the fact of the existence of an employment relationship is proved in court, a claim can be filed for satisfaction of claims for payment of wages.

However, there is no 100% guarantee that the court will recognize the employment relationship as official.

Work for an individual entrepreneur

The same labor law provisions apply to individual entrepreneurs as to other employers.

Therefore, in case of non-payment of the monthly salary from the individual entrepreneur, the employee should adhere to the same algorithm of actions:

1. Contact your employer directly.
2. If the appeal is unsuccessful, submit an application to the labor inspectorate.
3. Use the help of the court and prosecutor's office.

Employer's responsibility

The penalties for unscrupulous employers are set out in the Code of Administrative Offenses and the Criminal Code of the Russian Federation.

However, there are also good reasons for delays in the payment of wages. These include circumstances that do not depend on the will of the employer.

If such a situation exists, the employer will be obliged to pay compensation for the days of delay. In this case, he is not involved in imprisonment. However, administrative responsibility may arise for him.

The law does not provide for ways in which an employer can avoid payment of compensation. But he may well get rid of criminal and administrative responsibility.

Penalties

In 2020, a delay in monthly wages is punishable by the following sanctions:

1. Officials undertake to pay a fine in the amount of 10-20 thousand rubles.
2. For individual entrepreneurs, the amount of the penalty is 1-5 thousand rubles.
3. Legal entities will be required to pay a fine of 30-50 thousand rubles.

If the fact of repeated salary delays is revealed, then the size of the fine increases and amounts to:

1. For officials - 20-30 thousand rubles.
2. For individual entrepreneurs - 10-20 thousand rubles.
3. For legal entities - 50-100 thousand rubles.

If the employer does not pay the full amount of the debt to the employee within 2 months, then the following penalties are provided for him:

1. Imprisonment for up to 5 years. In this case, the convicted person is deprived of the opportunity to hold a similar position or conduct certain activities during a specific period.
2. A fine of 100-500 thousand rubles.
3. Deprivation of income or salary for a 3-year period.

On the video about actions with wage arrears

APPLICATIONS AND CALLS ARE ACCEPTED 24/7 and WITHOUT DAYS.

Any employed employee should be paid wages 2 times a month. Deviation from the schedule, even for one day, is unacceptable - in such a situation, the employer is punished. But what if the money is not given out for weeks or months?

Compensation for delayed wages

The liability of the company to its employees for the complete non-payment or partial delay of salary and other monetary payments can be administrative, material and even criminal.

Administrative responsibility

Regulated by the Code of Administrative Offenses. According to article 5.27, a warning or a penalty may be imposed:

• for officials and private employers - from 2 thousand rubles. up to 5 thousand rubles;
• for legal - from 50 thousand rubles. up to 80 thousand rubles

Repetition of violations will lead to a fine of 10 thousand rubles. up to 20 thousand rubles and from 50 thousand rubles. up to 70 thousand rubles respectively. Officials can be deprived of qualifications for a period of 12 to 36 months.

Material liability

Based on article 236 of the Labor Code of the Russian Federation, we can say that:

• the employer's liability arises on the next day after the failure to pay the employee benefits;
• the obligation of material compensation appears regardless of whether the employer is at fault in the situation that has arisen;
• not only the salary itself falls under the law, but also the compensation for leave, sick leave or payments upon dismissal;
• if the funds were not paid to the employee at all, then the employing company is obliged for each full day of delay to add to its debt an amount equal to 1/150 of the current key rate (now it is 9.25%);
• if the payment was incomplete, then the calculation is made based on the residual debt.

Suppose that the unpaid amount to the employee is 100 thousand rubles, and the delay period is 45 days.

1/150 of the key rate = 0.061% (1/150 x 9.25%)

In one day, the employer owes the employee 61 rubles (100 thousand rubles x 0.061%), which means that in 45 days the financial compensation will be 2,745 rubles.

Criminal liability

It is regulated by article 145.1 of the Criminal Code of the Russian Federation.

The employer's liability arises in the event of full or partial (less than half of the due) non-payment of the amounts due to the employee for personal or mercenary commercial reasons.

If an employee has not received full salary or other payments for more than 3 months, then a fine of up to 120 thousand rubles may be imposed on the head of the company. or within the limits of his salary (or other income) for a period of up to 12 months. It is also possible to prohibit holding specific positions for up to 1 year. The punishment can also be established in the form of forced labor for up to 2 years or imprisonment for up to 1 year.

In case of complete non-payment to the employee of the funds owed to him for more than 2 months, a fine to the manager can be issued in the amount of 100 thousand rubles. up to 500 thousand rubles or in the amount of other three-year income. A ban on holding office, corrective labor or imprisonment can be imposed for a period of up to 36 months.

Where to go if they don't pay salary

Before going to human rights defenders, it is recommended to talk to your superiors and try to resolve the issue. If there is no result, then your interests can be defended in the labor inspectorate, the prosecutor's office or in court.

Application to labor protection authorities

The appeal to the State Labor Inspectorate (GIT) in accordance with the law governing the rules for the processing of civil appeals is anonymous. The application is drawn up in free form with the obligatory indication:

Based on the results of consideration of the appeal, the GIT can send the employer a notification of the need to immediately settle with the employees, as well as notify the law enforcement agencies about the situation.

Contacting the Prosecutor's Office and the Police

If the employer does not comply with the instructions or the labor inspectorate has refused to protect the employee's rights, the employee can file an appeal with the prosecutor's office. In this case, you can complain about both the employer and the employees of the labor inspection. The limitation period on the issue is 12 months.

It is also possible to contact the police in order to bring the company's management to criminal responsibility.

Do not pay wages - what to do

It is important to know that according to Article 142 of the Labor Code of the Russian Federation, an employee may, after notifying the employer in writing, not visit the place of work until the payment arrears are paid. This right can be exercised starting from the 16th day of the delay (there are exceptions, for example - civil servants, the full list is in the text of the law). Average earnings are maintained during suspension.

But, in addition to legal issues, there are several recommendations on how to “survive” the period of non-payment of wages with minimal losses: