What to do if the employer does not pay wages. Where to go if you have not paid your salary after dismissal, SP is closed. Filing a complaint with other state bodies

Maintaining the loyalty of employees will be much more difficult if you remain silent and hide financial difficulties from them. Perhaps, being aware of the difficult financial condition of the company, employees will support you and help you find solvent customers or pay attention to new prospects for the company's development.

To pay off debts to the team, you can sell unnecessary assets, negotiate with clients for earlier payments, take out a loan or defer tax payments.

You can pay off debts to employees in turn, partially reduce the staff, cut the salary fund, including the salary of the head. Lee Iacocca, chairman of Chrysler, which was on the verge of bankruptcy in the 1970s, became famous for cutting the company's staff in a crisis, cutting salaries for employees and himself working for a symbolic remuneration of $ 1 a year.

Other options to address the payout problem include taking employees on vacation, introducing part-time work, or shortening the work week.

Experts explain what threatens an entrepreneur in case of non-payment wages employees and how you can try to get out of this situation with minimal financial and reputational losses.

Alexander Veselov, legal center "Veselov and partners"

We need to cut costs. To do this, it is worth starting with an audit of your fixed expenses and postponing all expenses that do not directly affect manufacturing process in company. For example, rent or loan payments do not affect, but being left without inventory is critical.

It is also useful to check expenses in accounting. No matter how many times we checked accountants, we can count on one hand the cases when it was not possible to pay less taxes. In one case, for example, an entrepreneur paid about 800,000 rubles a year. taxes, and could pay only 80,000.

The third point to check is stale inventory. After all, this is tied up capital that lies in the warehouse and does not bring any benefit.

It should be understood that financial difficulties in the company do not excite employees. It is pointless to hide such things: financial difficulties are always felt, and it is unpleasant to continue working with a leader who lies. In this case, it is advisable to honestly admit that there are problems, but you are trying to solve them.

You can raise salaries to keep staff. The company must be able to earn money by providing a service or selling a product. If employees leave, then while you find and train new ones, time will pass, and time is your fixed cost.

I would try to transfer everyone from salary to piecework wages and tie them to financial result companies. The salary will grow, but it will have to be paid upon receipt of money in the company.

Don't cut wages if you're not cutting back on work. It is better then to leave three out of four employees, to distribute the volume of work of the fourth and part of his salary to them. Thus, you will raise the salaries of the remaining employees, and the total size of the payroll will decrease.

Julia Zhizherina, consultant of the Russian School of Management on labor law

During a period of economically difficult situations in companies, management considers various ways for cost optimization. These methods include changes essential conditions employment contract and termination of employment. To minimize the risks of litigation with employees, it is necessary to strictly comply with labor laws.

Let us consider in more detail those measures that can be applied to reduce personnel costs.

• Dismissal by agreement of the parties ( )

There is no need to confirm the heavy financial condition companies. Difficulty may arise if the employee claims that he signed the consent under the psychological pressure of the employer.

To avoid this, you can negotiate in the presence of two independent employees or send a draft agreement to the employee so that he can familiarize himself with it in advance.

• Dismissal due to a reduction in the number or staff of employees ( )

This is a rather complicated procedure, strictly regulated by law (). The slightest non-compliance with the established procedure may lead to the recognition of the dismissal as illegal and the reinstatement of the employee in his position. When reducing the number or staff of employees, the employer must be prepared for the fact that he will have to provide justification for taking measures to reduce the number or staff of employees.

When comparing dismissal by agreement of the parties and in connection with a reduction in the number or staff of employees, it is necessary to take into account the moment with payments. In the second option, the employer must pay the employee from three to five average monthly earnings. While in case of reduction by agreement of the parties, there are no mandatory payments, except for wages and compensation for unused vacation, is not provided by law.

• Changing the terms of the employment contract ( )

The employer can reduce the employee's wages (). At the same time, this change is allowed only when organizational or technological working conditions change (changes in equipment and production technology, structural reorganization of production, other reasons).

For example, in connection with a decrease in the volume of production, an employee was reduced in functionality, which was the reason for changing the salary.

The employer will need to prove that there has been a change in the organizational or technological working conditions.

• Introduction of part-time work or part-time work week for up to 6 months ( )

The application of this measure is possible only if there is a threat of mass layoffs. To save jobs, a part-time or part-time working week is introduced.

• idle declaration ( )

Downtime is a temporary suspension of work for economic, technological, technical or organizational reasons. It may be introduced for economic reasons. The suspension of the operation of the enterprise should be complete, and not some part of it. Downtime due to the difficult economic situation in the company refers to downtime due to the fault of the employer and is paid in the amount of 2/3 of average earnings ().

• Leave without pay ( )

An employee can take it only on his own initiative, therefore, in the event of a lawsuit on this issue, the employer may face serious financial losses.

Alexander Mazaev, Head of Legal Department at Storozhenko & Partners

Practice has shown that individuals rarely initiate bankruptcy proceedings for wage arrears, as they do not understand this and do not want to waste time and money. However, employees have more powerful leverage over the employer. They can complain to the prosecutor's office and the labor inspectorate, bring management to administrative (), criminal () and disciplinary responsibility () or simply suspend work until the debt is paid in full - with pay.

Pay your salary on time. Do not try to save on employees, the salary fund is not the kind of money that can be invested in more “profitable activities” without dangerous consequences. If the delays are forced, make sure that the amount of debt does not exceed 300,000 rubles, and the delay in payments is no more than three months.

If all the conditions for initiating bankruptcy are present, arrange with a friendly creditor that he declare bankruptcy and select a suitable arbitration manager. This will allow you to maintain control over the assets.

Remember that any conflict with employees will attract public attention not only within the company, but also outside it. Media coverage of the problem can contribute to the loss of a company's positive reputation. Therefore, devote time to anti-crisis measures, work with trade unions, conduct surveys on the subject of the psychological situation in the team. Spend general meeting, explain the reasons for the delay in wages, name the exact terms for repaying the debt.

If a company has serious financial difficulties requiring a long period of rehabilitation, it is worth considering the option of reducing staff as painlessly as possible for both parties with the payment of due compensation.

Maria Bondarenko, lawyer at AVT Consulting

With a delay of one day, the employee interest must be paid on the amount of the delayed salary. If a collective agreement unless otherwise provided, they are calculated as 1/150 of the key rate of the Bank of Russia ().

An administrative fine () may also be imposed on the employer. Its size can be:

• from 10,000 to 20,000 rubles. - for officials;
• from 1,000 to 5,000 rubles. - for individual entrepreneurs;
• from 30,000 to 50,000 rubles. - for legal entities.

In the event of a repeated such recorded offense, the amount of the fine increases:

• a fine in the amount of 20,000 to 30,000 rubles. or disqualification for a period of one to three years - for officials;
• a fine in the amount of 10,000 to 30,000 rubles. - for individual entrepreneurs;
• a fine in the amount of 50,000 to 100,000 rubles. - for legal entities.

With a delay of 15 calendar days p The employee has the right to suspend work by notifying the employer in writing. At the same time, the employee retains average earnings(). After receiving a written notification from the employer about the readiness to pay the delayed wages on the day the employee leaves, the employee must leave the very next day ().

If delayed by two months or partially delayed by three months, the criminal liability of the head is provided for under the condition of mercenary or other personal interest. As a punishment, a fine or imprisonment for up to a year () is possible. Criminal liability can only occur if the employer is at fault, that is, in cases where the organization had money to pay wages.

Alexey Golovchenko, Managing Partner of ENSO law firm

Failure to pay wages for more than two months is fraught with criminal liability. There are many such cases, all the more so since the prosecutor's office has long had an intent to "beat" entrepreneurs who delay wages. There are many such entrepreneurs now, since the number of bankruptcies is corresponding.

If you see that the situation is approaching critical, you need to reduce staff. It's fairer than keeping people you can't pay for. It is more terrible when the state itself pushes the entrepreneur to the fact that he cannot pay off his obligations. Now there are a lot of cases when tax officials call entrepreneurs and ask them to pay additional taxes or refuse part of the tax deductions, without asking if the entrepreneur will have money to pay employees in such a force majeure situation.

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Black salary is a method of remuneration in which the employee is not officially employed and receives wages “in an envelope”, or an employment contract is concluded with him, where the minimum wage is indicated, and he receives a different amount in his hands. This method is used by unscrupulous employers who seek to reduce the amount of taxes and contributions paid. From point of view current legislation such actions of legal entities and entrepreneurs are illegal, and in 2019 may result in prosecution.

For the employer, responsibility for black wages is primarily administrative, but sometimes non-payment of taxes established by law can also lead to criminal liability. In some cases, an employee can also be held liable for receiving a salary “in an envelope”.

What threatens the employer for a black salary

To punish an employer for black wages, an employee can apply:

• in tax office at the location of the organization;
• to the State Labor Inspectorate;
• to the Prosecutor's Office.

For each appeal of citizens, these bodies conduct a thorough check and resolve the issue of holding the organization accountable.
In addition, the competent authorities regularly conduct independent scheduled inspections, the purpose of which is to detect violations in terms of wages and the payment of taxes and fees and the subsequent punishment of the employer for black wages.

Revealing by these bodies of the facts of payment by the employer of wages in an envelope and, as a result, non-payment of taxes, entails administrative responsibility of the head of the organization and appropriate punishment.

First of all, we are talking about bringing the employer to administrative responsibility under Articles 122, 123 of the Tax Code of the Russian Federation. The administrative fine for black wages is calculated depending on the amount of the unpaid tax by the organization or entrepreneur and amounts to 20% of this amount.

In addition, the employer may be held administratively liable for non-payment of insurance premiums under Article 27 of the Federal Law “On Compulsory pension insurance". The penalty for such an offense is a fine of 5,000 - 10,000 rubles.
In some cases, for the payment of black wages, the employer is also threatened with criminal liability, established in Article 199 of the Criminal Code of the Russian Federation. We are talking about non-payment of taxes and fees on a large scale. A large amount means that the organization has not paid taxes in excess of 2 million rubles, if the share of unpaid taxes is more than 10 percent of the total amount payable. Also, non-payment of taxes for a total amount of more than 6 million rubles is considered a large amount.

The punishment under Article 199 of the Criminal Code is as follows:

• a fine from 100,000 to 300,000 rubles;
• forced labor for up to 2 years;
• arrest for up to 6 months;
• imprisonment up to 2 years.

If there are qualifying signs, the amount of the fine increases and ranges from 200 thousand to 500 thousand rubles.

In practice, punishment in the form of imprisonment for tax crimes is used very rarely. According to statistics, only about 5% of defendants are sentenced to real imprisonment. About 45% are sentenced to a suspended sentence, and about 50% - to pay a fine.

The civil liability of the employer to the employee is also possible - in the case when the black salary is not paid to the employee on time. In such a situation, the employee will need to apply to the court to establish the fact of an employment relationship and recover underpaid wages (when he is not officially employed). And when the employment contract was signed by the parties, however, it set wages less than what was actually paid to employees, then the employee will have to try to prove the real amount of wages.

By filing a claim, the employee will be able to recover unpaid wages, and all legal costs (including legal services) will be assigned to the employer. In addition to collecting wages, an employee has the right to demand payment of interest for delayed wages, they amount to 1/300 of the refinancing rate of the Central Bank of the Russian Federation from unpaid wages for each day of delay.

Black salary - employee's responsibility

An employee who receives a salary in an envelope may also be liable. Meanwhile, this can only happen if the employee is aware that the employer does not withhold or pay tax deductions from his salary. If an employee receives cash for work in cash, but at the same time believes that deductions have already been made from his salary, he cannot be punished for this.

But if the employee was initially in collusion with his superiors, then this entails certain consequences. Firstly, upon receipt of income from which personal income tax has not been withheld, the employee himself must indicate it in the declaration and pay tax before April 30 of the next year. If he does not do this, the tax authority may recover personal income tax and penalties from him.

Failure to file a return may result in a penalty of 5% of the unpaid tax for each full or partial month from the date it was due. Failure to pay personal income tax on a large scale will also result in criminal penalties. Thus, article 198 of the Criminal Code of the Republic of Moldova establishes criminal liability for the evasion of an individual from paying taxes and fees by failing to submit a tax return or other binding documents or by including deliberately false information in the listed documents.

Criminal liability may arise in case of non-payment of taxes on a large scale, that is, in the amount of more than 600 thousand rubles. in three years. Punishment under Art. 198 of the Criminal Code of the Russian Federation is a fine in the amount of 100,000 - 300,000 rubles, forced labor up to a year, arrest up to six months, imprisonment up to one year.

Mikhailovsky Yuri Iosifovich(03/12/2014 at 21:57:25)

Good evening! This is illegal, you can apply with Applications to the State Labor Inspectorate of your region, the Prosecutor's Office and the Court (no state duty is charged) about which you can tell the IP. You can refer to the testimony and the Resolution of the Plenum Russian Federation dated March 17, 2004 N 2 "On the application by the courts of the Russian Federation of the Russian Federation". All applications can be sent by registered mail with notifications. For information: Article 80 Labor Code Russian Federation. at the initiative of the employee (). On the last day of work, the employer is obliged to issue to the employee other documents related to work, at the written request of the employee, and make the final settlement with him. Article 236 of the Labor Code of the Russian Federation. employer for delay in payment of wages and other payments due to the employee not less than one three hundredth of the current refinancing rate Central Bank the Russian Federation from the amounts not paid on time for each day of delay, starting from the next day after the due date of payment until the day of actual settlement, inclusive. The amount of monetary compensation paid to the employee may be increased by the local normative act or . The obligation to pay the specified monetary compensation arises regardless of the fault of the employer. Article 237 of the Labor Code of the Russian Federation. caused to the employee, caused to the employee by unlawful actions or inaction of the employer, is compensated to the employee in cash in the amount determined by agreement of the parties to the employment contract. In the event of a dispute, the fact of causing moral damage to an employee and the amount of its compensation are determined by the court, regardless of the property damage subject to compensation. Article 391 of the Labor Code of the Russian Federation. Consideration of individual disputes in courts Individual labor disputes are considered in courts at the request of an employee, employer or trade union protecting the interests of the employee when they do not agree with the decision of the commission on labor disputes or when an employee goes to court, bypassing the labor dispute commission, as well as at the request of the prosecutor, if the decision of the labor dispute commission does not comply with other acts containing norms. Directly in the courts, individual labor disputes are considered on the basis of applications: an employee - about, regardless of the grounds for terminating the employment contract, about changing the date and wording of the reason for dismissal, about transferring to another job, about payment for the time of forced absenteeism, or about paying the difference in wages for the time of execution lower-paid work, illegal actions (inaction) of the employer in the processing and protection of the employee's personal data; employer - on compensation by the employee for damage caused to the employer, unless otherwise provided. Individual labor disputes are also considered directly in the courts: about; persons working under an employment contract with employers - individuals who are not individual entrepreneurs, and employees of religious organizations; individuals who believe they have been discriminated against. Article 392 of the Labor Code of the Russian Federation. Terms for resolving an individual labor dispute An employee has the right to apply to the court for resolving an individual labor dispute within three months from the day when he learned or should have learned about the violation of his right, and in disputes about dismissal - within one month from the date of delivery to him copies or from the date of issue work book. The employer has the right to apply to the court for disputes on compensation by the employee for damage caused to the employer within one year from the date of discovery of the damage caused. If, for valid reasons, the deadlines established by the first and second parts of this article are missed, they may be restored by the court. Article 393 of the Labor Code of the Russian Federation. Exemption of employees from When applying to the court with a claim arising from, including non-fulfillment or improper fulfillment of the terms of an employment contract that are of a civil law nature, employees are exempted from paying duties and court costs. Article 5.27 of the Code of the Russian Federation about. Violation of Labor and Labor Legislation 1. Violation of labor and labor protection legislation - shall entail the imposition of an administrative fine on officials in the amount of one thousand to five thousand roubles; on persons carrying out entrepreneurial activity without education - from one thousand to five thousand rubles or an administrative suspension of activities for a period of up to ninety days; on legal entities - from thirty thousand to fifty thousand rubles or an administrative suspension of activities for a period of up to ninety days. 2. Violation of the legislation on labor and labor protection by an official who was previously subjected to administrative punishment for a similar administrative offense - entails disqualification for a period of one to three years.

Got a job as a driver. They don't pay salaries. owe 37000 r. The director at first asked to wait. is not picking up the phone now. I heard from the dispatcher that they are going to close the company. form of enterprise - IP.

Answer

If an individual entrepreneur ceases to operate, then he must dismiss you under paragraph 1 of Article 81 of the Labor Code of the Russian Federation. In this case, two months before the dismissal, you must be warned about it in writing. Upon dismissal, you are obliged to pay all the amounts due: wages, compensation for unused vacation, payments in accordance with paragraph 1 of Article 178 of the Labor Code of the Russian Federation, namely, upon termination of the employment contract in connection with the liquidation of the organization, the dismissed employee is paid a severance pay in the amount of the average monthly earnings, and he also retains the average monthly salary for the period of employment, but not more than two months from the date of dismissal (including severance pay).

If the employer evades his duties, try to take a certificate of accrued but not received salary and go to court with it. The court, in the order of writ proceedings, will issue a court order, which is recognized as an executive document.

If you can’t take the certificate, you will have to file a lawsuit with the court, which will be considered at common grounds. The term for going to court is established by Article 392 of the Labor Code of the Russian Federation, according to which the employee must go to court within three months from the day he learned or should have learned about the violation of his right. But until the employment relationship with you is terminated, this period does not apply, since the employer’s obligation to pay wages in a timely manner and in full remains throughout the entire period of the employment contract.

You should also be aware that in the event of a delay in the payment of wages for a period of more than 15 days, the employee has the right, by notifying the employer in writing, suspend work for the entire period until the payment of the delayed amount.

If the employer does not pay wages, or delays it for certain period, the employee may suspend work and complain about the employer to the relevant supervisory authorities. The employer, in turn, is obliged to pay compensation to the employee for each day of salary delay. In some cases, the employer may face bankruptcy proceedings.

According to labor legislation, wages must be paid to employees at least every half of the month. Many employers say that Article 136 of the Labor Code of the Russian Federation allows you to delay wages for 15 days. This is not true. It literally says the following: the salary must be paid no later than 15 days after the end of the period for which it was accrued.

In practice, this means that the date of payment of wages for the past month must be set no later than the 15th day of the next month. This article does not talk about any possible salary delay.

Specific dates for the payment of salaries must be set, it is impossible to set a period, such as an advance payment from the 15th to the 25th, and a salary from the 01st to the 10th of the next month. Should be: advance on the 15th, salary on the 1st of the next month.

Suspension of work due to delayed payment of wages

Article 142 of the Labor Code of the Russian Federation allows workers to suspend work if there is a delay in wages for more than 15 days. This can be done only if a certain algorithm established by law is observed.

How to pause a workflow:

1. Drawing up a notice to the company's management that, due to the delay in the payment of wages, employees are suspending work until they receive the debt. The notification is made in duplicate, one is sent to the employer, the other is marked that he received it. The termination of work without notice may be regarded by the administration of the enterprise as absenteeism. If the employer refuses to accept such a notice, then it can be sent by mail.
2. Suspend work until you receive a written confirmation from the employer about the readiness to pay off the resulting debt to employees, including for the time the work was stopped.
3. Start work no later than the next day after the notification was received.

For the period of termination of work, drawn up in accordance with all the rules, wages must also be accrued.

You can draw up both a collective notice and an individual one for each of the employees who suspend work.

But at the same time, it must be remembered that the Labor Code of the Russian Federation establishes a list of works that are prohibited from being suspended on this basis. Basically, these are works that are somehow related to ensuring the life and safety of the population, as well as the provision of medical care.

During execution pause official duties employees have the right to be absent from their workplace, that is, not to appear on the territory of the employer.

If an organization delays the payment of wages, then for each day of delay it must accrue compensation in the amount of 1/150 of the Central Bank's refinancing rate.

For a single employee and for a short delay, the amount of compensation is small, but if the delay is calculated in months, and the number of employees is in the hundreds, the amount of compensation can become very significant for the employer.

Moreover, the employer must independently accrue these amounts without the decision of the relevant authorities.

The Labor Code of the Russian Federation obliges the employer to inform employees about the compensation due to him by making an appropriate entry on the payslip.

If the employer does not accrue compensation, or refuses to do so even after a written application from the employee, this can also be appealed, regardless of whether the wage arrears have been repaid.

Where to go if the employer does not pay wages on time

Labor Inspectorate

The State Labor Inspectorate is the main body that protects the rights of workers.

An application can be made by one employee or several. In order for the GIT to conduct its investigation, it is necessary to write a statement outlining all violations.

You can contact the labor inspectorate not only personally, but using other methods:

• Fill out a special form feedback on the official website of the labor inspectorate.
• Submit the application by registered mail.

The application will need to indicate your details and address, as well as the full name of the employer.

If the delay in wages occurs due to the presence of disputed amounts, then the labor inspectorate does not consider such issues.

If there is a delay in wages to a dismissed employee, then he has only three months to appeal against it. In this situation, it would be advisable to apply to several instances at once, including the court.

Prosecutor's office

Appeal to the prosecutor's office is carried out in the same sequence as in the GIT. The employee must write a statement stating the essence of the problem.

As a rule, if the delay in wages is not massive and does not last long, the prosecutor's office forwards the employee's application for consideration to state inspection by labor.

The employee has the right to protect his interests in judicial order. To do this, he files an appropriate claim with the court at the location of the employer.

The claim should describe the situation in as much detail as possible and clearly indicate the requirements of the employee, that is, the plaintiff. In particular, the exact salary arrears at the time of filing a claim and the procedure for calculating it must be indicated. An exception may be the case when the employer does not issue pay slips, and the employee works on a piece-rate wage.

The claim must be accompanied by documents confirming the information contained in it. This may be a copy of the employment contract, pay slips, a notice to the employer and the suspension of work, a statement and response from the labor inspectorate, etc.

In case of dismissal, documents must also be submitted within three months.

There is one more nuance of going to court in case of delayed wages: employees can file a lawsuit to declare their employer bankrupt. This can be done under the following conditions:

1. The employer delays the full payment of wages to employees for more than three consecutive months.
2. The total wage debt to all employees is more than 300 thousand rubles.

But at the same time, it must be borne in mind that during the bankruptcy procedure, employees run the risk of not receiving salary arrears in full, everything will depend on the amount of assets available to the employer at the time of bankruptcy.

Employer's liability for delayed wages

Punishment for delaying wages in whole or only in part is carried out in accordance with the Code of Administrative Offenses, and in some cases with the Criminal Code of the Russian Federation. There is no separate article in the Code of Administrative Offenses that regulates the punishment specifically for the delay in salary amounts, therefore Article 5.27 is applied, which establishes punishment for violation labor law, which also includes a violation of the established dates for the payment of salaries.

An employer may face the following liability for delayed wages:

• Officials of the enterprise and individuals who are registered as individual entrepreneurs are punished in the form of a fine, which varies from 10 thousand rubles to 20 thousand rubles and from 1 thousand rubles to 5 thousand rubles, respectively;
• For enterprises, this fine is increased to between 30,000 rubles and 50,000 rubles;
• In cases where there is already a repeated violation, the amount of penalties increases: from 20 thousand rubles to 30 thousand rubles for responsible persons, from 10 thousand rubles to 30 thousand rubles for individual entrepreneurs and from 50 thousand rubles up to 100 thousand rubles for legal entities.

If the company does not pay wages in full for two or more months, liability already arises under the Criminal Code of the Russian Federation, namely Article 145.1. It provides:

1. A fine, the amount of which varies from 100 thousand rubles to 500 thousand rubles, depending on the severity of the offense, or a fine equal to the amount of the salary or other income of the convicted person for three years;
2. Imprisonment for up to 3 years and disqualification official, that is, a ban on holding certain positions.

The penalty depends on the severity of the violation committed, in particular on the period and amount of delay in payment of salaries.

The imposition of all penalties on the employer does not relieve him of the need to pay off the existing debt and accrue compensation to it in the amount established by law.

Delay or non-payment of wages is a gross violation of the law by the employer. Serious penalties are provided for this, both in relation to a legal entity and an official, up to criminal liability and deprivation of the right to hold certain positions. Employees can appeal the delay in wages to the GIT, the prosecutor's office or the court, and also have the right to suspend work until the payment of wage arrears.