Vacancies in the state labor inspectorate in the RME. Labor Inspectorate in Yoshkar-Ola (Republic of Mari El) Mari El Labor Inspectorate
1. senior group positions of the department for state supervision and control over compliance with labor protection legislation:
State labor inspector (for labor protection);
2. the leading group of positions of the department for state supervision and control over compliance with labor protection legislation:
Chief State Labor Inspector of the State Labor Inspectorate in the Republic of Mari El (for labor protection);
3. the leading group of positions in the category "heads" of the department for state supervision and control over compliance with labor protection legislation:
Head of Department - Chief State Labor Inspector of the State Labor Inspectorate in the Republic of Mari El (for labor protection);
4. senior group of positions of the department for state supervision and control over compliance with labor legislation (on legal issues):
State labor inspector (on legal issues);
5. the leading group of positions of the department for state supervision and control over compliance with labor laws (on legal issues):
- chief state labor inspector of the State Labor Inspectorate in the Republic of Mari El (on legal issues);
6. the leading group of positions in the category "heads" of the department for state supervision and control over compliance with labor legislation (on legal issues):
Head of Department - Chief State Labor Inspector of the State Labor Inspectorate in the Republic of Mari El (on legal issues);
7. the leading group of positions in the category "heads" of the finance department, accounting and organizational work:
- head of the department of financing, accounting and organizational work - chief accountant
8. senior group of positions of the department of financing, accounting and organizational work:
- leading specialist-expert (system administrator);
9. senior group of positions of the department of financing, accounting and organizational work:
- specialist-expert (accountant).
Place for receiving documents from applicants:
Yoshkar-Ola, Leninsky prospekt, 24-a, room 511
Time for receiving documents: working days, except Saturday and Sunday, from 14.00 to 16.00. within 21 days from the date of posting the announcement of their admission on the official website of the State Labor Inspectorate in the RME git12.rostrud.ru and the state information system in the area of public service and information and telecommunication network "Internet", telephone for information 45-17-79, 45-16-14.
The full text of the announcement is located on the website of the State Labor Inspectorate in the RME and on the Federal portal of managerial personnel.
Labour Inspectorate in Yoshkar-Ola (Republic of Mari El) checks all applications received from employees, appoints the necessary checks, takes measures to suppress detected violations Labor Legislation and restoration of employee rights. Based on the results of the inspection, the inspectorate has the right to demand that the employing company urgently eliminate violations, impose administrative or other liability, or send inspection materials to law enforcement agencies to initiate a criminal case.
In order to reveal the facts of non-compliance with the legislation in the field of labor protection, when checking the employer, the labor inspectorate analyzes the documentation of the organization. During the inspection, the employer, at the insistence of the inspectors conducting the inspection, is obliged to transfer to them work books, agreements on liability, payroll, employment contracts, other documents.
If you have no experience of communicating with the labor inspectorate, and you cannot file a complaint, a detailed consultation of a labor lawyer, available to all visitors of the Internet resource online, will help you out. A consulting lawyer will help: draw up a report on non-payment of wages; write a letter to the labor inspectorate illegal dismissal; draw up other applications, appeals, complaints to the labor inspectorate.
website/trudovaya-inspekciya/Joshkar-Ola/
11/29/2019 - Kirill Telkin
Hello. I didn’t officially work for the IP. I didn’t sign any agreements on full liability. The IP wants to hang up the shortage on me. How to be
25.10.2019 - Marina Sukhanova
If the Administration "survived" the employee from the place of work in ways - a direct offer to quit, layoffs (they could not draw up documents correctly), conflicts, showdowns at a general meeting of the team, etc., denunciations that were not confirmed by anything after verification. The man wrote a letter of resignation on Friday evening, and on Monday morning they began to conduct an inventory. They did not pay the calculation, since this person does not agree with him (a lot of things were not taken into account). As a result, he was kicked out of the service apartment, not given the opportunity to collect his belongings properly. The chief accountant and supply manager did this with a check of personal belongings, without any documents. Where did they violate the rights of a retired person? And where can you go?
The answer to the question is given by phone.
10/14/2019 - Egor Fomkin
Good afternoon! I wrote a letter of resignation and suddenly found out that they didn’t want to pay me a bonus for sales in the past months (the organization has a delay in paying bonuses of about 3 months). Does it make sense to file a complaint with the labor inspectorate?
07/11/2019 - Alexander Tanich
Good afternoon. From June 29 to July 12, I am on annual paid leave. From July 9, preliminary, to July 12, I am on sick leave. In this regard, I want to extend my vacation. I must write an application for an extension of vacation on the day the sick leave is closed, or I can write it on the day I return to work.
The answer to the question is given by phone.
05/28/2019 - Stanislav Yakobson
Hello! Can I be transferred to a lower position during my sick leave or vacation without my consent?
The answer to the question is given by phone.
04/04/2019 - Yaroslav Metelov
Hello. I am on maternity leave. A permanent employee went to work, and they ask me to write a letter of resignation, at the end of the contract. My child is under 1.5 years old. Do they have the right to fire me?
The answer to the question is given by phone.
04/03/2019 - Anatoly Krasnopoyas
hello where can i recover work book if the organization is closed
The answer to the question is given by phone.
03/20/2019 - Zinaida Denisova
Hello. I am the mother of a disabled child, they force me to write an application for a demotion, the same duties, the salary is less. The higher authorities ignore my requests, saying that I complicate everything myself. And I'm just using legal benefits. They don't let me go on vacation. First a fall, then a vacation.
The answer to the question is given by phone.
03/19/2019 - Vera Anisimova
Hello! How long does it take you to answer a question?
The answer to the question is given by phone.
03/07/2019 - Yuri Petryaevsky
I was fired on November 30, 2018. for downsizing. The assignee organization in what time frame must pay average earnings at the time of employment. In the last month, I wrote a statement. The day of payment of salary in the organization is the 10th.
The answer to the question is given by phone.
02/22/2019 - Veronika Bobrova
Good afternoon! I'm coming to an end probation and then the former employee decided to return to my place and the employer accepts her. Is it legal? I am a mother of two children under 14 years old and they say that there are no complaints against me.
01/26/2019 - Artur Kochubeev
Hello. I work in private kindergarten a friend asked her to replace it temporarily and the salary is delayed for 2.5 months until I work the last one and leave work, now I’m wondering if I will get my money because the manager has all the problems and doesn’t give out a salary.
The answer to the question is given by phone.
04/13/2018 - Alina Vinogradova
good afternoon, I'm on maternity leave, and they don't pay me children up to a year and a half, I call and come to work, everyone promises that the money will be transferred, the debt is 14 thousand
01/20/2018 - Lyudmila Panina
hello. please tell me for budget organizations what payments are included in the minimum wage, which should be paid in addition to the minimum wage?
The answer to the question is given by phone.
01/19/2018 - Dmitry Tishin
Hello Olga! When hiring, our team was not officially employed and the salary was delayed for 3 months: 19:00 - 21:00
The answer to the question is given by phone.
01/16/2018 - Evgenia Nikitina
Good afternoon. I was fired from my job without my knowledge and for what reason I do not know. I was told that they sent a notification that I did not receive. What to do in this situation?
The answer to the question is given by phone.
01/16/2018 - Viktor Polikhrontiev
Medical checkup employees. Do I have the right to refuse medical examination? inspection? If, according to the results of the medical examination, I do not fit my health, can I be fired? Can I write a letter in order not to be fired and confirm that I understand all the risks and am ready to continue working? : 15:00 - 17:00
10/26/2017 - Leonid Poluvetrov
If the employer forged a medical examination in the health book for an employee, what will he be for it. And what to do?
The answer to the question is given by phone.
10/06/2017 - Vladimir Vanyushechkin
Hello, who is the state labor inspector for Yoshkar-Ola
09/24/2017 - Fedor Chernoshey
I work at FKUZ MSCH-12 of the Federal Penitentiary Service of Russia as a paramedic in a pre-trial detention center. My salary is 5710 rubles. has not increased since 2014. And now we are being told that there will be no increase. Are we not concerned with health care? They get salary increases twice a year.
09/13/2017 - Vladislav Nemakin
hello!! My name is, I currently work at the Lenta company. At the moment I am on sick leave. Over the junior employees of the company they are doing just chaos and there is no one to protect us, I, like my colleagues, are just sellers ..... .....we need protection, can I come for a consultation? Most likely, in addition to the consultation, we need a lawyer.
The answer to the question is given by phone.
09/09/2017 - Denis Feofilaktov
The answer to the question is given by phone.
09/04/2017 - Alina Davydova
Worked officially in the store. Besides that the employer exceeded the powers. In the middle of the month, he suddenly decided to change his work schedule. After that, half of the employees had 6-8 working days in a row. And the rest have 4 days off. All employees work informally and without a contract. Except me. Since I worked at the cash desk, the last name on the cash register was mine. When I informed the employer about the dismissal, he began to raise his voice at me and say that he would not pay a penny. Which he did. The application was written on 08/03/2017. I retired on August 17, 2017. And after my dismissal, my name still appears on the checkout. What should I do to get my salary for the days worked? And so that in the future my name will not appear in this organization in any way?
The answer to the question is given by phone.
07/11/2017 - Egor Danov
I got a job in March 2014, In November 2014, I was granted leave for 14 days, Then I rested in March and October 2015, and in April and June 2016 for 14 days, In May 2017, the leave was 7 days, Do I have the right to take the other 21 days in July 2017? The personnel department says that at the moment I can only rest for 7 days.
The answer to the question is given by phone.
07/11/2017 - Yakov Shumilkin
Does the artistic director of a cultural institution, who works part-time, have the right to receive incentive bonuses for the intensity and high results of work at the end of the month.
06/23/2017 - Denis Nikonorov
does the boss have the right to force him to work for 2 jobs
The answer to the question is given by phone.
06/21/2017 - Igor Pavlushkin
THE SON IS NOT PAID SALARY FOR 4 MONTHS
06/15/2017 - Yulia Belousova
Subject of my question: Labor disputes (Protection of the rights of the worker) right now.
06/15/2017 - Anastasia Komarova
I wrote a letter of resignation on 2.06.17. I sent it to the office with the mail I work for 2 weeks, it comes out tomorrow the last day today they tell me that the director was not there and my application was registered on 13.06. and I have to work from 13.06. who is right?
06/15/2017 - Ksenia Kudryavtseva
The employment contract (additional agreement) is drawn up for the period maternity leave, those are temporary, and the order of the transfer order is a permanent type of transfer. The personnel department says that they made a mistake with the order and recommend throwing it away and they will draw up a new one. Question: can there be such a thing, and in general is an order an order more important or not?
06/05/2017 - Valery Roman
have not been paid salaries since November 2016 : 11:00 - 13:00
The answer to the question is given by phone.
06/01/2017 - Pavel Galichenin
The employer, without my consent, changes the work schedule and, despite the fact that I have a day off, declares that I have to work tomorrow because the new schedule - if I don’t go to work, then I will be fired for absenteeism. Is it legal and what to do?
The answer to the question is given by phone.
05/20/2017 - Vera Sorokina
Hello! For 5 years I worked as a gluer at OOO2Kalina "(paneled doors). After the arrival of a new master, the replacement of old personnel began, the hiring of "ours and ours". Under the pretext of marriage in the manufacture of door parts (veneer peeling, selection of low-quality veneer), on April 17 I was transferred to auxiliary workers.Before that, I trained a novice, a protégé of the master, who replaced me.Lost in salary 4-5 thousand
The answer to the question is given by phone.
05/15/2017 - Alexander Savchenkov
already asked, no answer
The answer to the question is given by phone.
05/04/2017 - Natalia Maksimova
Can your commission inspect enterprises on your own initiative without applying "from below"?
The answer to the question is given by phone.
02/27/2017 - Yana Bogdanova
I am the director of an LLC. 01/30/2017 wrote a letter to the sole founder of the dismissal for own will. This application was registered in the personnel department, the founder was notified. At the moment (02/26/2017) the application has not been signed, the founder refers to his employment, there is no time to sign. What to do?
The answer to the question is given by phone.
02/27/2017 - Lilia Danilova
I am the director of an LLC. On January 30, 2017, he wrote a letter of resignation of his own free will to the sole founder, registered it in the personnel department. The founder has been notified, but the application has not yet been signed (02/26/2017), as the founder argues, he does not have time. What to do in such a situation?
The answer to the question is given by phone.
02/11/2017 - Veronika Antonova
Hello. left workplace due to health reasons, the manager drew up an act of voluntary leaving the workplace. And I have a sick leave in my hands. How to be further?
02/02/2017 - Vyacheslav Yarnev
Hello. It's been a month since I left. Still not calculated. Every day they serve breakfast. How long does it take for a bill to be issued?
The answer to the question is given by phone.
01/26/2017 - Zhanna Tarasova
Hello, I work in production, I worked as a technician-mechanic, I replaced others when they went on sick leave or vacation. Came up chief mechanical engineer and says that they are transferring me to operators, I said that I don’t want to, he said then get out or write an application for transfer to operators. What threatens me if I refuse to write an application for the transition, can I be fired under the article.
What responsibility is provided for the employer if employees work without an employment contract and receive wages unofficially?
Labor relations arise between an employee and an employer on the basis of an employment contract concluded in accordance with the Labor Code of the Russian Federation (Article 16 of the Labor Code of the Russian Federation).
In addition to the obligation to draw up an employment contract (part 2 of article 67 of the Labor Code of the Russian Federation), the employer must perform a number of actions:
issue an order for employment (Article 68 of the Labor Code of the Russian Federation);
fill out a work book for an employee (Article 66 of the Labor Code of the Russian Federation);
conduct a preliminary medical examination at the conclusion of an employment contract in cases provided for by labor legislation (Article 69 of the Labor Code of the Russian Federation);
conduct a briefing on labor protection (part 2 of article 212 of the Labor Code of the Russian Federation);
perform other actions provided for by labor legislation.
In the informal employment of a citizen, the employer does not perform all these actions.
Moreover, an employee who is employed informally is deprived of all those labor rights that the employer must provide to him in the course of the implementation of labor relations, for example, the right to annual paid leave, temporary disability and maternity benefits, and others.
Failure to perform each of these actions is a separate administrative offense, for which a separate punishment is provided (Article 4.4 of the Code of Administrative Offenses of the Russian Federation).
In accordance with Art. 5.27 of the Code of Administrative Offenses of the Russian Federation, violation of labor legislation and labor protection entails the imposition of an administrative fine on officials in the amount of 1000 to 5000 rubles; for persons engaged in entrepreneurial activities without education legal entity, - from 1000 to 5000 rubles. or administrative suspension of activities for up to 90 days; for legal entities - from 30,000 to 50,000 rubles. or administrative suspension of activities for up to 90 days. According to part 2 of this article, the same violation committed by an official who was previously subjected to administrative punishment for a similar offense entails disqualification for a period of 1 to 3 years.
Note that if the employer is held liable under Art. 5.27 of the Code of Administrative Offenses of the Russian Federation, both the head and the legal entity itself can be held liable at the same time (part 3 of article 2.1 of the Code of Administrative Offenses of the Russian Federation).
In case of application of the disqualification provided for in Part 2 of Art. 5.27 of the Code of Administrative Offenses of the Russian Federation, it must be taken into account that a similar offense referred to in this norm should be understood as the commission by an official of the same, and not any violation of labor and labor protection legislation (clause 17 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated March 24, 2005 No. 5 "On some issues arising from the courts in the application of the Code of the Russian Federation on Administrative Offenses", hereinafter - Resolution of the Plenum of the RF Armed Forces No. 5).
In the event of an administrative offense expressed in the form of inaction, the period for bringing to administrative responsibility is calculated from the day following the last day of the period provided for the performance of the relevant duty (clause 14 of the Resolution of the Plenum of the Armed Forces of the Russian Federation No. 5).
The term for bringing to administrative responsibility for each offense is calculated separately, depending on the time of its commission (the time of non-fulfillment of one or another obligation of the employer).
Thus, in case of non-registration of labor relations, the employer is held liable not once - for the failure to formalize labor relations, but several times - depending on the number of unfulfilled duties provided for by labor legislation and the time of their non-fulfillment.
Moreover, if labor relations are not formalized, wages, which are the main component of the tax base for personal income tax (Articles 209, 210 of the Tax Code of the Russian Federation), as well as the basis for calculating mandatory insurance premiums (Article 8 federal law dated July 24, 2009 No. 212-FZ “On insurance premiums to the Pension Fund Russian Federation, the Social Insurance Fund of the Russian Federation, the Federal Compulsory Medical Insurance Fund"), is paid unofficially.
In this case, the payment of personal income tax and insurance premiums does not occur, for which the employer may also be held liable.
Firstly, the tax authority may require withholding personal income tax from employees receiving a “black” salary, and may also impose a fine on the employer in the amount of 20% of the amount that should have been withheld from employees or paid to the budget (Article 123 of the Tax Code of the Russian Federation ).
Secondly, off-budget funds may also require payment of insurance premiums and impose a fine of 20% of the unpaid amount of contributions or 40% in case of intentional commission of this offense (Article 47 of Law No. 212-FZ).
Thirdly, art. 199.1 of the Criminal Code of the Russian Federation provides for criminal liability for failure to fulfill the duties of a tax agent in personal interests on a large or especially large scale.
Why is labor activity dangerous for an employee without a properly executed written employment contract?
Today, the practice of labor activity without registration of labor relations between the employee and the employer has become more relevant. Under such conditions, the employee, as a rule, receives a higher salary “in an envelope” than with official employment, and the employer, thereby, relieves himself of the obligation to pay mandatory payments, taxes, fees, including the payment of pension contributions and contributions to social insurance fund.
At first glance, it may seem that both parties benefit, but this is far from being the case.
First of all, labor activity without an employment contract is a violation of the requirements of labor legislation (Chapter 11 of the Labor Code of the Russian Federation), which entails a violation of the rights of employees.
Labor activity without an employment contract, in fact, makes him defenseless against the employer in case of violation of his labor rights. In such cases, before protecting the specific violated right of the employee, it is necessary to prove the very fact of the existence of an employment relationship between the employee and the employer, which is extremely difficult to do in the absence of an employment contract. The problem here may be that the employer can declare either that this employee has never worked for him (especially if there are no witnesses to your work activity), or he worked, but not under an employment contract, but under a civil law contract (for example, under a contract).
In case of non-payment wages, unreasonable imposition of a disciplinary sanction, dismissal or other violation of the labor rights of an employee working without an employment contract, it is possible to protect his rights only after the very fact of the existence of an employment relationship has been established. On the one hand, this fact can be confirmed by the employer himself, and in case of refusal - only in court.
In addition to the above, the negative consequences of working without an employment contract include infringement of the employee's pension rights. When carrying out labor activities without a contract, the employer, in violation of the requirements of Art. 14 of the Federal Law of 15. 12. 2001 No. 167 - FZ "On Compulsory Pension Insurance in the Russian Federation" does not transfer insurance contributions to the Pension Fund of the Russian Federation for the formation of settlement capital, the amount of which will determine the size of the employee's pension in the future.
Labor activity without an employment contract creates obstacles to the protection of the employee's labor rights in case of their violation, and also infringes on the pension rights of employees. Thus, an employment contract is an integral part of labor relations, it is a guarantee of the protection of the labor rights of citizens. Labor law norms apply only to employees who are in labor relations with employers who have concluded written employment contracts.
If, as a result of an accident at work, there is a loss of ability to work, damage to the health of an employee, or the death of an employee who is in an employment relationship, then the employee or his relatives are entitled to the following types of insurance coverage:
1) temporary disability benefit for its entire period until the employee recovers or until a permanent loss of professional ability to work is established - in the amount of 100 percent of the employee's average monthly earnings, but not more than 261,320 rubles per month in 2015 (273,080 rubles - in 2016 and 284,000 rubles - in 2017).
The allowance is paid at the place of work of the victim;
2) one-time and monthly insurance payments:
An employee, if, according to the conclusion of an institution of medical and social expertise, as a result of an accident at work, he has lost his professional ability to work,
Persons eligible to receive such payment (disabled dependents, children, parents, etc. - see Legal rationale) if the accident resulted in the death of an employee.
In the absence of written employment contracts, these guarantees and compensations for workers injured during the performance of work are not provided.
Working in the conditions of the “gray scheme of labor relations”, the employee remains completely unprotected in his relationship with the employer; he is not able to defend and protect his rights and legitimate interests in the event that they are violated or otherwise infringed by the employer. It is very difficult to prove the fact of labor relations in court, because this requires evidence, however, not always the employees of the organization agree to testify in court against their own employer.
Without hiring an employee in the manner prescribed by law, the employer deprives him of his well-deserved pension provision. The period of work without registration of labor relations in accordance with the established procedure will not be included in the length of service, which will lead to a low pension in the future.
The employee will not be entitled to temporary disability benefits in the event of an accident at work and occupational disease, unemployment benefits, the right to receive annual paid leave, social guarantees provided for by the collective agreement and local regulations in force with the employer
In Art. 64 Labor Code The Russian Federation provides for guarantees of the rights of employees when concluding an employment contract, one of the fundamental of which is a ban on unreasonable refusal to conclude an employment contract. Moreover, if you were refused, you have the right to demand from the employer in writing to inform the reasons for the refusal to conclude an employment contract. Article 64 of the Labor Code of the Russian Federation also provides for the right of an employee to appeal such a refusal to the court.
In accordance with Art. 67 of the Labor Code of the Russian Federation, an employment contract is concluded in writing, is drawn up in two copies, each of which is signed by the parties. One copy of the employment contract is transferred to the employee, the other is kept by the employer. The receipt by the employee of a copy of the employment contract must be confirmed by the signature of the employee on the copy of the employment contract kept by the employer. An employment contract that is not executed in writing is considered concluded if the employee has started work with the knowledge or on behalf of the employer or his representative. When the employee is actually admitted to work, the employer is obliged to draw up an employment contract with him in writing no later than three working days from the date the employee was actually admitted to work.
Accordingly, an employer who has not concluded an employment contract with an employee in a timely manner, if such a fact is revealed, will be held liable in accordance with the legislation of the Russian Federation.
Employer instead employment contracts concludes and periodically renegotiates contracts for the provision of services. Is it legal?
No, it's illegal. The conclusion of civil law contracts (they also include a work contract and a contract for the provision of services), which actually regulate labor relations between an employee and an employer, is not allowed.
If an organization or an individual entrepreneur has entered into an agreement with a citizen, according to which:
A citizen personally performs work in a certain position or specialty,
The volume of this work is not predetermined (that is, during the term of the contract, the same work is performed in the volume, the need for which arises in the course of work, and which corresponds to the position / specialty of a citizen),
A citizen is subject to the internal labor regulations of an organization or entrepreneur,
then an employment relationship arises between the parties, and an employment contract must be concluded.
If an organization or an individual entrepreneur (customer) has concluded an agreement with a citizen, according to which:
The citizen undertook to perform only a certain type and amount of work (for example, to produce a certain number of some items),
The customer has agreed to pay only for this amount of work performed,
The customer cannot entrust another work or work in a different volume under this agreement to a citizen,
A citizen works at his own risk and does not obey the rules of the internal labor regulations of the customer,
then civil law relations arise between the parties, and a civil law contract (for example, a contract or paid services) must be concluded.
If you think that the employer has unlawfully entered into a civil law contract with you instead of an employment contract, you can apply in writing to the employer to recognize the relationship that arose on the basis of a civil law contract as an employment relationship, and to properly formalize the employment relationship (conclusion of an employment contract). contract in writing, issuing an order for employment, making an entry about work in the work book). If the employer does not satisfy your application, you can apply for the protection of your rights to the territorial body of Rostrud - the state labor inspectorate (including through this resource), as well as to the court.
Legal rationale
Article 15 of the Labor Code of the Russian Federation defines labor relations as relations based on an agreement between an employee and an employer on the personal performance by an employee of a labor function for a fee (work by position in accordance with the staff list, profession, specialty, indicating qualifications; a specific type of work assigned to the employee ), subordination of the employee to the rules of internal labor regulations while providing the employer with the working conditions provided for by labor legislation and other regulatory legal acts containing labor law norms, a collective agreement, agreements, local regulations, an employment contract.
The conclusion of civil law contracts that actually regulate labor relations between an employee and an employer is not allowed.
According to article 19.1. Labor Code of the Russian Federation recognition of relations arising on the basis of a civil law contract, labor relations can be carried out:
by a person who uses personal labor and is a customer under the specified contract, on the basis of a written application of the individual who is the executor under the specified contract, and (or) an order of the state labor inspector to eliminate the violation of part two of Article 15 of the Code that has not been appealed to the court in the prescribed manner;
by a court in the event that an individual who is an executor under the specified agreement applied directly to the court, or based on materials (documents) sent by the state labor inspectorate, other bodies and persons with the necessary powers in accordance with federal laws.
In case of termination of relations connected with the use of personal labor and arising on the basis of a civil law contract, the recognition of these relations as labor relations is carried out by the court. An individual who was a contractor under the specified agreement has the right to apply to the court for the recognition of these relations as labor relations in the manner and within the time limits that are provided for the consideration of individual labor disputes.
Unremovable doubts when considering by the court disputes on the recognition of relations arising on the basis of a civil law contract as labor relations are interpreted in favor of the existence of labor relations.
If relations related to the use of personal labor arose on the basis of a civil law contract, but were subsequently recognized as labor relations, such labor relations between the employee and the employer are considered to have arisen from the date of the actual admission of the individual who is the contractor under the specified contract to the execution of the specified duty contract.
What is the responsibility of the employer for delayed wages and in what cases? What to do if the employer delays the payment of wages?
The employer does not have the right to withhold wages for any reason, including due to the lack of money from the organization, delays in paying for the services of the organization from its clients, etc.
The salary must be paid at least every half a month on the day established by the internal labor regulations, the collective agreement, the employment contract.
If the employer delays the payment of wages for more than 15 days, then the employee has the right to suspend work (with some exceptions - see Legal justification) for the entire period of delay, notifying the employer in writing.
For a delay in the payment of wages for any reason, the employer is obliged to pay the employee interest (monetary compensation) in the amount of not less than one three hundredth of the refinancing rate of the Central Bank of the Russian Federation (it is 8.25% per annum) of the amounts unpaid on time for each day of delay. The amount of monetary compensation paid to an employee can be increased by a collective agreement, local normative act or an employment contract.
The employer (organization or individual entrepreneur), as well as the head or other responsible person of the organization, may be held administratively liable for delaying wages (see Legal Justification).
In some cases, an individual entrepreneur, manager or other responsible person of the organization for delaying wages can be held criminally liable (see Legal rationale).
An employee with a delay in wages to protect his rights has the right to apply to the territorial body of Rostrud - the state labor inspectorate (including through this resource), as well as to the court.
Legal rationale
According to part 6 of article 136 of the Labor Code of the Russian Federation, wages are paid at least every half a month on the day established by the internal labor regulations, collective agreement, labor contract.
In accordance with Part 2 of Art. 142 of the Labor Code of the Russian Federation 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, to suspend work for the entire period until the payment of the delayed amount. Suspension of work is not allowed:
During periods of introduction of martial law, a state of emergency or special measures in accordance with the legislation on a state of emergency;
In the bodies and organizations of the Armed Forces of the Russian Federation, other military, paramilitary and other formations and organizations in charge of ensuring the defense of the country and the security of the state, emergency rescue, search and rescue, fire fighting, work to prevent or eliminate natural disasters and emergencies, in law enforcement;
Government employees;
In organizations directly serving especially dangerous types of production, equipment;
workers, in labor obligations which includes the performance of work directly related to the provision of life of the population (energy supply, heating and heat supply, water supply, gas supply, communications, ambulance and emergency medical care stations).
Article 236 of the Labor Code of the Russian Federation establishes that if the employer violates the established deadline for paying wages, the employer is obliged to pay it with interest (monetary compensation) in the amount of not less than one three hundredth of the refinancing rate of the Central Bank of the Russian Federation in force at that time from the amounts unpaid on time for each day delays starting from the next day after the due date of payment up to and including the day of actual settlement. The amount of monetary compensation paid to an employee may be increased by a collective agreement, a local regulation or an employment contract. The obligation to pay the specified monetary compensation arises regardless of the fault of the employer.
Part 1 of article 5.27. The Code of Administrative Offenses of the Russian Federation establishes administrative liability for violation of labor legislation, including for delaying wages in the form of a warning or the imposition of an administrative fine on officials in the amount of one thousand to five thousand rubles; for persons engaged in entrepreneurial activities without forming a legal entity - from one thousand to five thousand rubles; for legal entities - from thirty thousand to fifty thousand roubles.
Criminal liability for delayed wages is provided for in Article 145.1. Criminal Code of the Russian Federation:
Partial non-payment of more than three months of wages, committed out of selfish or other personal interest by the head of the organization, the employer - individual, the head of a branch, representative office or other separate structural subdivision of an organization, shall be punishable by a fine in the amount of up to 120 thousand rubles, or in the amount of the wage or salary, or any other income of the convicted person for a period of up to one year, or by deprivation of the right to hold certain positions or engage in certain activities for a term of up to one year. year, or forced labor for up to two years, or imprisonment for up to one year;
Complete non-payment of more than two months of wages or payment of wages for more than two months in the amount below the minimum wage established by federal law, committed out of selfish or other personal interest by the head of the organization, the employer - an individual, the head of a branch, representative office or other separate structural unit of the organization shall be punishable by a fine in the amount of 100 thousand to 500 thousand roubles, or in the amount of the wage or salary, or any other income of the convicted person for a period of up to three years, or by compulsory labor for a term of up to three years, with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years. or without it, or by deprivation of liberty for a term of up to three years with or without deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years;
Acts provided for by the first or second parts of Article 145.1. of the Criminal Code of the Russian Federation, if they caused grave consequences, shall be punishable by a fine in the amount of two hundred thousand to five hundred thousand rubles, or in the amount of the wage or salary, or any other income of the convicted person for a period of one to three years, or by deprivation of liberty for a term of two to five years, with deprivation of the right hold certain positions or engage in certain activities for a period of up to five years or without it.
Partial non-payment of wages means making a payment in the amount of less than half of the amount due.
