Where to complain if wages are not paid. Non-payment of wages - what should an employee do?

If you don't get paid, what should you do? Surely this issue worries a huge number of citizens who were defrauded of money by an unscrupulous employer. Currently, many companies citing economic crisis, are trying to save money on their employees by depriving them of their salary.

However, for most Russians, employer money is the only source of income. If they don't pay their salaries, what should they do? How to live? Let's look at these questions in detail.

Are there ways to find justice for those companies whose management illegally deprives their employees of remuneration for their work? Certainly! And they should be used whenever an employer cheats with money.

Sabotage

So, if wages are not paid, what should you do in this situation? The answer is quite simple - you have the right to stop working.

However, there are certain nuances here. You must inform your employer of your decision in writing. You can stop going to work only after 15 working days from the moment you were denied payment of your hard-earned money. The third caveat is that if you are on government or military service, you work in a hazardous industry or in the field of supporting people’s livelihoods, then 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 wages are not paid. The protection of employee rights is regulated in detail in the Labor Code, which provides clear instructions in the event of “monetary” fraud on the part of the employer. Of course, you should be able to defend your privilege to receive remuneration for your work.

So, what to do and where to go if you don’t get paid? Let's consider this issue in detail.

Self-defense

One of the common options for solving the above problem is a dialogue with the company’s management. Again, it should be emphasized that there is no need to be afraid to defend your interests and fear that relations with your superiors will be damaged. Believe me, if the director sees that you are childish about the fact that they are delaying payment of money for your work, then he may think that you are satisfied with this state of affairs. As a result, apart from unsubstantiated promises that you will receive money later, you will not hear anything from management.

So, if salaries are not paid, what should be done to solve this problem? You should choose a different behavior strategy: be tough in matters of salary payment. Before you talk to your boss, write down your complaints on paper so that if something happens, they can be addressed to their intended destination.

And, of course, inform your management that if you do not reach a consensus with them, you will give complaints, claims and lawsuits legal progress. Only in this case can you count on being taken into account.

Labor Inspectorate

Question: “I don’t get paid – what should I do?” has another fairly common solution. Legislation allows an employee to contact the labor inspectorate if his rights and interests are violated. For the majority, this method of dealing with “unscrupulous” employers is acceptable, primarily because the above-mentioned body was created specifically to ensure that guarantees in the field of labor relations.

In other words, if you are not paid your salary, you don’t know what to do, we can advise the following: feel free to contact the labor inspectorate by sending a written complaint there. This way you will provide the supervisory authority with a reinforced concrete basis for conducting an audit of the company’s activities for compliance with the rights of workers.

If the results of the audit confirm violations of labor laws, then the administration of the enterprise, in addition to being obligated to pay money to its employees, may be subject to penalties. In certain cases, labor inspectorate employees will provide you with all possible assistance in drawing up statements of claim to the courts.

Prosecutor's office

Are you not getting paid? What to do in this case? Of course, it wouldn’t hurt to write a complaint to the prosecutor’s office, which also falls into the category of supervisory authorities. Its employees, upon your request, initiate an investigation, as a result of which the guilty person may be brought to justice, including criminal liability. Naturally, none of the employers will want to pay a fine, much less go to jail. Therefore, after the above verification, your salary will be issued immediately.

Judicial authority

Is your employer lying to you when he says that the company has nothing to pay your salaries? What to do in such a situation?

You can take drastic measures and write 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.

Imposing sanctions on a “would-be employer” is the prerogative of the above-mentioned supervisory authorities, and the court will help you restore justice with material point vision. Moreover, in the statement of claim, you have the right to ask for the return of both the principal amount and a penalty for illegal use of funds, which is calculated based on the refinancing rate established by the Central Bank of Russia. It is important to remember that penalties are counted from the day you should have received the money.

When considering what to do if you are not paid, it should be noted that you also have the right to count on moral compensation. In this case, you must provide evidence that you suffered morally as a result of not receiving remuneration for your work.

So, when deciding what to do if wages are not paid, 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 my salary is not being paid?

You don't have the slightest idea what to do if your salary isn't paid? In some cases, you don’t need to go anywhere or write complaints – just make one phone call. According to the law, every person has the right to apply to any government agency, if his rights are violated, and he can do this in any form. That is why labor inspectors or prosecutors are required to respond if you dial their phone number. However, you must remember that an official investigation will require a written document - such requirements are imposed by law.

Thus, if you called, for example, the prosecutor’s office, then you have the right to rely only on consultation from employees about your further actions or on the appointment of a specific time when you can personally communicate with the investigator. In response to your request to conduct an inspection, you will be required to submit a statement, which you will have to make in writing.

In some cases, delays in payment of wages cannot be avoided.

Now you know a few effective ways, through which the question of how to win back wages is resolved.

However, situations often happen in life when it is not the employer’s fault that you did not receive remuneration for your work on time.

Good reasons

Delays in wages may arise due to circumstances beyond 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. However, the legislator does not allow any exemption from this obligation, even if we're talking about about force majeure circumstances.

One way or another, the law requires payment of remuneration for work 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, this is already a violation. At the same time, it is difficult to imagine a person who would complain to the labor inspectorate that he received his salary not on the 15th, but on the 16th of a particular month. Nevertheless, such violations are unacceptable and it would be wrong to turn a blind eye to them.

Employer's responsibility

If there is a delay in paying employees remuneration for their work and other violations of labor law, the guilty person, as a rule, is brought to administrative responsibility. Individual entrepreneurs and officials are required to pay a fine, the amount of which varies from 1,000 to 5,000 rubles. In addition, the former's business may be suspended for up to 90 days.

As for legal entities, then they are in case of late payment wages may get off with a fine of 30,000 to 50,000 rubles. They may also be subject to a penalty in the form of suspension of their business activities for a period of 3 months. If we are talking about a relapse of the above offense, then disqualification for up to 3 years is not excluded.

When wages are not paid for two or more months, sanctions provided for by criminal law are applied to those responsible. In this case, violators will have to pay a fine of 100,000 to 500,000 rubles, or they may be imprisoned for up to 3 years, and they will also be prohibited from engaging in entrepreneurial activity or work in leadership position for the same period of time.

Conclusion

If your employer does not want to pay your hard-earned money, then under no circumstances be passive in this matter. Don't be afraid that you will ruin your relationship with your superiors. Think about what will happen if you remain without money for several months. After all, it's never too late to change employers if your specialty is in demand on 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 fulfillment, but also reserves the right to change the employer or employee.

Unfortunately, the issue of delays, or even non-payment of wages, is still relevant in Russia. And this is despite the most severe and stringent measures that are applied to non-paying employers.

So what should an employee do if the provisions of the laws governing labor relations are not followed? What authorities should I contact when my honestly earned money is not paid or payment is delayed?

The best thing to do is to consult with a lawyer specializing in labor law and the provisions of the Labor Code of the Russian Federation. He will help you competently draw up the necessary complaints, appeals and statements to all competent authorities and achieve payment of wages in full, as soon as possible. However, if it is not possible to find or use the services of a specialist, you can try to do it yourself, guided by existing legal norms and current legislation.

Table of contents:

What to do if wages are not paid?

In Russia there are several regulatory authorities and a number of regulatory provisions of the Labor Code, which can be resorted to if the salary is not paid or is not paid in full and not within the limits established by law and internal regulations enterprise deadlines. In this case, you can adopt one method or use several at once.

Contact your employer

The number 1 authority that an employee needs to contact if wages are not paid or is delayed is the management of the enterprise where he (the employee) works. labor activity.

The right to self-defense of an employee in such situations is given by Article 142 of the Labor Code of the Russian Federation. According to it, if wages are delayed by more than 15 days (from the advance payment period or the salary itself), the employee may simply not go to work. True, he is obliged to notify the employer of his absence. And in writing. As for the period during which a person may not work, it lasts exactly as long as the money will not be paid. During this time, the employee will retain his full salary.

According to the law, the employee must return to the performance of his duties the very next day after he has been paid the wage arrears in full, or a written notice is received from the management about their readiness to pay off the wage arrears to the employee on the day the latter returns to work.

You can download a sample application for suspension of work due to non-payment of wages.

For obvious reasons, this provision does not apply to employees of the following organizations:

ambulance stations medical care;
public utility services (heat, gas, water, communications, electricity);
government agencies;
hazardous industries;
Armed Forces of the Russian Federation, Ministry of Emergency Situations;
emergency services;
search and rescue teams;
enterprises located in territories under a state of emergency or martial law.

Contacting the labor inspectorate

Authority No. 2 is the local Labor Inspectorate. The employee can also submit a corresponding application there. This body is designed to ensure control over compliance with current labor legislation. And an appeal (necessarily in writing, or in free form) to this authority will be especially effective and painful for the management of the defaulting enterprise.

Upon request from workers, the labor inspectorate carries out an appropriate inspection. If violations are detected, strict restrictive sanctions are applied to the offending employer. Plus, inspection staff help workers who apply to file an application to the court and collect the package of documents necessary to file a claim.

A sample application to the labor inspectorate for non-payment of wages can be downloaded.

Contacting the prosecutor's office

Instance No. 3 - prosecutor's office. It is this supervisory body that, according to the Constitution, is endowed with verification powers upon receipt of relevant applications from citizens. The prosecutor can conduct an investigation against an unscrupulous employer and apply to him all the provisions provided for by law. on this occasion sanctions of current legislation.

And on the subject of how to properly file a complaint with the prosecutor’s office, the person who applies will be consulted directly at the prosecutor’s office.

A sample application to the prosecutor's office for non-payment of wages can be downloaded.

Going to court

Instance No. 4 - this is, of course, a court. And if the prosecutor's office and Labour Inspectorate will punish the employer for failure to fulfill his obligations, the court will help the citizen who applies to return his hard-earned remuneration.

Important: When drawing up an application to the court, it should be borne in mind that the claim may contain not only demands for the return of the wage debt itself, but also demands for the accrual of penalties (daily, from the day following the day of payment, or rather, non-payment of wages) for the use of the employer unpaid to them in cash. The amount of the penalty will be calculated according to the Central Bank refinancing rate in effect on the day of the trial (today it is 11% per annum).

A sample (template) of the corresponding application to the court can be found

It is obvious that the law offers an employee without a salary several effective options for protecting his own rights and interests, which he can take advantage of.

Where to call if you don't get paid?

Many workers are interested in: is it possible to complain about non-payment of wages by phone or online? The answer to this question is provided by the Federal Law “On the procedure for considering appeals from citizens of the Russian Federation.” It clearly states that any citizen Russian Federation can apply to any government agency in a form convenient for him and receive an absolutely complete and completely exhaustive response to his appeal. So there should be a reaction to a telephone call to the prosecutor’s office or labor inspectorate from an employee whose wages are being delayed or not paid at his enterprise.

Important: However, it is worth noting that the reactions are different. For example, the prosecutor's office or the Labor Inspectorate can initiate an appropriate inspection only upon a written application from a citizen. A telephone call does not entail such consequences on the part of regulatory authorities.

So it’s better to just consult by phone and make an appointment. During a telephone call, you can also outline the procedure for your actions, having received step-by-step instructions from the responsible employee of one or another authority.

Is delaying wages allowed under the labor code, and for what period?

What to do for an employee who has not been paid legal remuneration for his work is described above. However, there are circumstances that can make adjustments to the current labor legislation of the Russian Federation. We are talking about a sharp deterioration in the economic situation in the country or circumstances of force majeure (force majeure). During such periods, wage delays may occur for reasons beyond the control of employers. Let's try to figure it out: what to do in such situations? And where to go (if at all) to restore your rights as an employee and respect your interests?

First of all, we should turn to the law. And to be more precise, to Article 136 of the Labor Code of the Russian Federation. And it states that the employer is obliged to pay wages to employees at least 2 times a month, on days established by the internal regulations of the enterprise/organization.

Any change to the above terms entails liability and sanctions towards the employer. The law is completely on the employee’s side. And even one day of delays (which is unlikely, of course, but quite possible) will be a legal reason for workers to contact the appropriate authorities with complaints, appeals and statements.

You cannot delay, much less not pay wages at all. This risks prosecution. And no concessions or deviations from this rule are provided at the legislative level.

Responsibility for non-payment and delay of wages

Non-payment, as well as delayed wages, as well as other violations of the rights of employees, entail certain types of penalties for employers. T AK, according to Article 5.27 of the Code of Administrative Offenses for delay and/or non-payment of wages to employees, the following is provided:

Imposition of penalties (from 1,000 to 5,000 rubles, for individual entrepreneurs - suspension of activities) for officials enterprises and organizations, as well as individual entrepreneurs.
Penalties from 30,000 to 50,000 rubles for legal entities, as well as suspension of the activities of enterprises and organizations for up to 90 days.
Disqualification of officials for up to 3 years (for repeated violation).

If wages are not paid for more than 2 months, then criminal law comes into play. And punishments are imposed in accordance with its provisions. It could be:

a fine from 100,000 to 500,000 rubles or in the amount of the offender’s income for 3 years;
imprisonment for a term of up to 3 years with deprivation of the convicted person's right to a certain type of activity or the opportunity to occupy certain positions for 3 years (or without it).

In all cases, the choice of punishment depends on the circumstances of the case, the classification of the actions of the defendant/defendants, the presence or absence of mitigating/aggravating circumstances.

If the employer does not pay wages on time, but the delay was caused by force majeure circumstances, he (in strict accordance with the law) will be obliged to pay the employee both the salary debt and compensation (penalties taking into account the current Central Bank refinancing rate). And even these circumstances (force majeure, payment plus compensation) will not free him from administrative liability, at a minimum.

The legislation does not provide a single “loophole” for the employer that would allow him to avoid paying the employee and compensation for the delay in this payment. As for bringing to responsibility, here, as it shows arbitrage practice(both administrative and criminal) some features and nuances are possible.

Salaries must be paid at least every half month. The payment date must be no later than 15 calendar days from the end of the period for which the salary was accrued. If the payment day coincides with a weekend or holiday, you must be paid on the eve of this day (Article 136 of the Labor Code of the Russian Federation).

If your employer delays your salary for more than 15 days, send him a statement demanding that he do so. Prepare two copies: give the first to the employer, and on the second ask to put a mark of acceptance (registration number, date, position, last name, first name, patronymic and signature of the accepting employee) and keep it with you. If the employer refuses to accept the application or mark acceptance, send the application by registered mail with notification and description of the attachment.

If after this the employer does not pay you your salary, you can You cannot pause work:

during periods of military introduction, state of emergency or special measures in accordance with the legislation on a state of emergency;
in bodies and organizations of the Armed Forces of the Russian Federation, other military, paramilitary and other formations and organizations in charge of ensuring the country's defense and state security, emergency rescue, search and rescue, fire fighting, prevention or liquidation work natural Disasters And emergency situations, in law enforcement agencies;
civil servants;
in organizations directly serving special dangerous species production, equipment;
employees whose job responsibilities include performing work directly related to the livelihoods of the population (energy supply, heating and heat supply, water supply, gas supply, communications, ambulance and emergency medical care stations) (Article 142 of the Labor Code of the Russian Federation).

">suspend work until he fulfills his obligations. You may be absent from the workplace or not perform your work duties. However, you must notify the employer of this in writing, having received confirmation from him of receipt of the notice.

You also can:

The amount of the benefit depends on your earnings, however, if before going on maternity leave your total insurance coverage was less than six months, the benefit will be calculated based on the minimum wage. The benefit is provided in total for the entire vacation period. The employer is obliged to pay it along with the next salary after you present him with a certificate of incapacity for work.
- complain to (Rostrud) (
  If the employer does not do this, you can:
  - complain to the Federal Service for Labor and Employment (Rostrud) (
    If your employer does not pay you the required bonuses, you can:
    complain to the Federal Service for Labor and Employment (Rostrud) ( First you need to contact the Federal Service for Labor and Employment (aka Rostrud). Familiarize yourself with the procedure personal reception on the websites of departments.">personally, Send the complaint by registered or regular mail to the State Labor Inspectorate in Moscow at the address: 115582, Moscow, Domodedovskaya street, building 24, building 3.">by mail or Rostruda, onlineinspection.rf.">online);
    complain to the district prosecutor's office;
    sue the employer
    
    In accordance with Article 236 of the Labor Code, an employer who has delayed payments is obliged to provide not only them, but also In the amount of not less than 1/150 of the Central Bank key rate in force at that time of the amounts not paid on time for each day of delay, starting from the next day after the established payment deadline. In case of incomplete payment on time, the amount of interest is calculated from the amounts actually not paid on time. The amount of compensation may be increased collective agreement, local normative act or an employment contract.
    ">compensation for the delay.
    8. Where can I complain about salary deductions?
    
    The employer has the right to deduct from your salary:
    unearned advance payment issued against wages;
    unspent and not returned timely advance payment issued in connection with a business trip (or in other similar situations);
    funds previously overpaid as a result of accounting errors;
    funds paid to you for work, provided that you did not meet labor standards.
    
    However, the amount withheld in this case cannot exceed 20% of the total salary, with the exception of This restriction does not apply to those who are obliged to pay alimony for minor children, to compensate for harm caused to the health of another person, and for harm caused to persons who have suffered damage due to the loss of a breadwinner, as well as when compensating for damage caused by a crime. In these cases, the employer can withhold up to 70% of the total salary after taxes.
    ">cases
  when funds are withheld from your salary by court order. If your employer withholds part of your salary without reason or the amount withheld exceeds 20% of your salary, you can:
  - complain to the Federal Service for Labor and Employment (Rostrud) ( First you need to contact State Labor Inspectorate in Moscow (territorial body of the Federal Service for Labor and Employment), and then, if necessary, directly to Federal Service for Labor and Employment (aka Rostrud). Familiarize yourself with the procedure for personal reception on the websites of departments.">in person, Send the complaint by registered or regular mail to the State Labor Inspectorate in Moscow at the address: 115582, Moscow, Domodedovskaya street, building 24, building 3.">by mail or You can leave a complaint on the sites Rostruda, State Labor Inspectorate in the city of Moscow (territorial body of Rostrud) or on the portal they created onlineinspektsiya.rf.">online);
  - complain to the district prosecutor's office;
  - file a lawsuit against the employer (district court at the location of the organization).

Probably the most common subject of labor disputes and disagreements between employee and employer. Not all employers know that timely payment of wages is protected federal legislation, and neglect of employee rights may even lead to criminal liability. Workers, in turn, usually have no idea what to do or where to go if they don’t pay their wages.

Employment contract

An employment contract is the main document confirming that the employee and employer have mutual rights and obligations. As a rule, the contract specifies the amount of wages and the procedure for its payment - a specific date of the month. If the employer does not pay wages, then, if he has a copy of the employment contract signed by the employer, the employee has the right to file a corresponding application with the authorized government bodies or the court to protect his rights and collect debt from the employer.

Similar questions on the topic of what to do if wages are not paid on our website (with answers from a lawyer):

Things are more complicated if employment contract was not concluded. But working without official employment does not exclude the possibility of collecting arrears of wages. In this case, recovery is possible only in judicial procedure, providing the court with evidence such as:

actual performance of labor duties without concluding a contract;
actual permission to work;
testimony about the existence of an employment relationship between the employee and the employer.

Where to go if you don't get paid

There are several organs public authority Where to go if you don't get paid:

State inspection labor is a specialized public authority, one of the main purposes of which is to protect the labor rights of the employee. If wages are not paid, you should submit a detailed statement to the State Tax Inspectorate, outlining the essence of the problem.
Prosecutor's office. Supervision of compliance with the labor rights of citizens is one of the areas of activity of prosecutors. In the event of an appeal, the powers of the prosecutor will include checking the facts set out in the applicant’s appeal and submitting a binding proposal to the employer to eliminate violations of labor rights.
Court. You can also receive your owed salary arrears by filing a statement of claim in court containing substantiated facts and motivated demands. Based on the results of consideration of the claim, the court will make a decision, which, if the plaintiff’s demands are satisfied, can be enforced.

Contents of the application for non-payment of wages

An application to be sent to the State Labor Inspectorate or the prosecutor's office must be submitted to the appropriate department of the department at the location of the organization.

The application must contain the following mandatory details:

correct name of the department government agency(GIT or prosecutor's office), his address;
information about the applicant indicating full personal data and contacts for feedback;
information about the employer: name of the organization, its tax identification number, location address, information about the manager and chief accountant;
reason for sending the application: deadlines for non-payment of wages, indicating calendar dates, the amount of debt on the day the application was written;
information about an attempt to independently resolve a labor dispute: appeals to management, comments from the director, etc.;
motivated demands, which, in addition to debt collection, may be: bring the director to administrative responsibility or initiate a criminal case against him.

An incorrectly drawn up application may result in incomplete response measures by employees of supervisory authorities and, as a result, the restoration of violated rights to receive wages is not fully restored.

Statement of claim

If an employee is not paid his salary on time and there is a debt, then, along with the State Tax Inspectorate and the prosecutor’s office, you can independently file a claim with the court to collect the debt from the employer.

To file a claim of this kind Labor Code installed sufficiently short time- a claim can be filed within 3 months from the date of violation of rights. The moment of violation of rights can be considered the day following the date of payment of wages established by the employment contract.

There are no strict statutes of limitations for appeals to the prosecutor’s office or the State Tax Inspectorate, but it should be borne in mind that the powers of these bodies also include filing claims for the collection of arrears of wages. Thus, an application to public authorities about a delay in wages should be sent as soon as possible, so as not to miss the statute of limitations.

The Civil Procedure Code, in turn, makes it possible to restore the missed deadline for going to court. To do this, you must send a petition to the judge outlining the reasons for missing the deadline. The petition will be considered during the preliminary court hearing and, if it is drafted correctly and there are compelling reasons for missing the deadline, it will be granted.

A statement of claim for the collection of arrears of wages can only be filed with the district court at the location of the organization or its representative office where the employee carried out his activities.

Among other things, the plaintiff in such cases is exempt from paying state duty, all other court expenses subject to recovery from the employer.

In order for the claim to be accepted by the court for consideration, the document must be drawn up correctly, in compliance with the requirements established by law: the presence of references to specific provisions of the law, motivated requirements, applications confirming the existence of labor relations between the parties to the dispute. Writing a statement of claim for the collection of arrears of wages, for its acceptance by the court and urgent consideration, should be entrusted to a professional lawyer.

As part of the trial, the employee has the right to demand compensation for moral damage. Theoretically, the plaintiff can claim any amount of moral damage; however, as practice shows, claims for the collection of moral damage are satisfied in proportion to the amount of the debt collected and no more.

The following documents must be attached to the statement of claim:

a copy of the employment contract;
a copy of the employment order;
certificate of salary and average earnings of the applicant;
calculation of salary arrears;
a certificate from the accounting department about accrued wages for the period of non-payment;
other documents.

If the stated requirements are satisfied, the court will issue a writ of execution, on the basis of which the arrears of wages can be forcibly collected from the authorities Federal service bailiffs.

Applying to supervisory authorities or the court is the answer to the question of what to do if wages are not paid. Cases of violation of an employee’s labor rights in terms of non-payment of wages are under special control of federal public authorities.

Documents on the restoration of labor rights must be drawn up correctly, taking into account all the nuances of the current legislation. To resolve labor disputes, it is recommended to seek the services of a lawyer whose powers will include:

drawing up appeals and statements;
representation in the bodies of the State Tax Inspectorate, the prosecutor's office and the court;
negotiations with the employer, requesting documents necessary to resolve the dispute;
consulting assistance;
interaction with bailiffs during the execution of a court decision on debt collection.

As in other civil cases, in such cases, attorney fees may be recovered from the defendant employer. The basis for recovery of funds spent on the services of a representative will be the contract, receipts, checks and other financial documents.

Still have questions? Contact our specialists for a free consultation. They will tell you what to do if you don’t pay your wages, where to go and how to quickly collect wage debt from an unscrupulous employer.

Nowadays, many employers, trying to save on taxes, pay their employees black wages or wages “in an envelope”. This is quite risky for the employee, because it may happen that upon dismissal or at another time, the employer will stop paying him the due amount. In this regard, an employee may have a question: what to do if the employer does not pay unpaid wages?

It is possible to return unpaid wages after dismissal, but this is usually not easy to do, because its size, and sometimes even the fact that the person works in the organization, is not reflected in the employer’s documents. An employee who has not been paid back wages will have to collect a lot of evidence and go through several levels to confirm that the employer is not paying the due amount to protect his violated rights.

How to force an employer to pay black wages

If an employee is not paid an unpaid wage, the first step is to go to an appointment with the head of the organization and state your demands for payment of the promised wages. If, upon dismissal, the employee was not paid an unpaid wage, it is necessary to explain to the employer that in the event of non-payment of wages, the employee will be forced to seek protection of his rights from the relevant authorities, which will entail unpleasant consequences for the organization in the form of numerous inspections and litigation. In addition, it is necessary to explain to the manager that the employee will send a complaint to Tax office, which has the right to hold the employer accountable for tax evasion and impose a significant fine on him.

It is possible that after such a demand, the employer will prefer to resolve the issue peacefully, because an employee’s complaint can lead to both loss of money due to the imposition of an administrative fine, and the prosecution of the head of the organization, even criminal liability.

If the employee was unable to receive a back salary upon dismissal, then you can obtain payment of the promised earnings by contacting the competent authorities. These include the Prosecutor's Office and the State Labor Inspectorate. In addition, it is also possible to collect the black wages due to the employee by going to court at the location of the employer. In this case, the employee will not incur the cost of paying state duty, because plaintiffs in labor disputes are exempt from paying it. But if the claim is satisfied, the employer will have to pay a fee to the budget for the case, calculated based on the amount of the claim.

The Prosecutor's Office, being a supervisory body in the field of protecting the rights of citizens, conducts inspections based on requests from employees and, if violations are identified, issues orders to eliminate them.
The State Labor Inspectorate has similar functions, acting as a special control body in the field of labor.
You can contact these authorities by making an appointment with an employee authorized to receive citizens’ appeals (assistant prosecutor, labor inspectorate specialist). You can complain about the unlawful actions of your boss by preparing a written complaint to the specified authorities, where you should set out in detail the essence of the problem.

Before filing a complaint, you should collect evidence that the employee worked in the organization, but the promised salary was not given to him. This evidence may include testimony from other employees, audio and video recordings, etc.

The employee’s appeal is drawn up in any form, but it should mention all violations committed by the employer, the name and contacts of the employing organization, the name and address of the government body to which the complaint was filed, as well as information about the sender of the appeal (full name, address, phone number, Email). The complaint must be signed and dated.

You can send an appeal by mail, as well as through the website of the prosecutor's office or inspection, attaching electronic versions of documents. Once a complaint is received, it will be considered within thirty days. During its consideration, an inspection will be carried out and a response will be given to the employee, which will indicate measures that will help extract black wages from the employer.

How to prove illegal wages in court

To force them to pay back wages, workers often have to go to court. However, in order to recover the required amounts from the violating employer, the employee will need to prove that he actually worked in this organization and was promised a salary in a certain amount. This is not easy to do, because documentary evidence of these circumstances is very difficult to find, especially if the employee worked for the employer without official employment.

By submitting a statement of claim to the court, the employee will have the opportunity to sue for black wages. In this case, the expenses incurred by him during the trial will be borne by the employer, in particular, the payment of legal services (within reasonable limits). Therefore, it is better to resort to the services of a specialist who will help you correctly draw up a statement of claim, correctly formulate the plaintiff’s demands and collect the necessary evidence.

In addition to the requirements for payment of wages, by virtue of Art. 236 of the Labor Code of the Russian Federation, an employee may demand payment of interest for non-payment of unpaid wages on time; this interest is 1/300 of the refinancing rate of the Central Bank of the Russian Federation on unpaid wages for each day of delay.

To prove that the employee actually worked for the organization, evidence may be required such as:

testimony of witnesses (other employees);
payrolls;
photographs and videos.

This evidence will help establish the existence of an employment relationship between the employee and the employer.

You will also need evidence confirming a certain salary amount. These may include:

pay slips showing the amounts received by employees;
envelopes in which salaries were paid, with notes;
advertisements in newspapers and the Internet describing the vacancy and salary levels;
testimony of other employees of the organization who can confirm the amount of remuneration in the organization;
statistical information on wages for certain specialties.

If the court considers that the evidence presented by the employee is sufficient to confirm the plaintiff’s position, then it will make a decision to establish the fact of an employment relationship and collect unpaid wages.

In addition, the court has the right to issue a private ruling to the violating organization, which may indicate the need to comply with the requirements of the law and the inadmissibility of violating the labor rights of employees. The employer must correct existing violations of the labor rights of employees within a month, and then inform the court. If such actions are not taken, the employer may face administrative liability for failure to comply with the requirements specified in the private court ruling.