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The entrepreneur does not give his salary to work officially. What to do if the employer does not pay wages, and there is no contract. What is informal employment

Contact the Labor Inspectorate with a complaint about a violation by the employer of labor legislation, indicate that they are not properly executed labor Relations. You can also indicate about non-payment of salary. Give as many facts as possible confirming the labor activity (witnesses, etc.). If you go to court, you will have to establish the fact of labor relations, and then collect salary.

Starting with the Labor Inspectorate will be faster.

Khromykh Larisa Georgievna (03/05/2014 at 15:06:12)

Your employer may have big problems. Firstly, you were required to conclude an employment contract.

“Employment contract, not executed in writing, is considered concluded if the employee 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.(Article 67 of the Labor Code of the Russian Federation).

And secondly, both administrative and criminal liability is established for non-payment of wages. In your case, already criminal:

Article 145.1. Non-payment of wages, pensions, scholarships, allowances and other payments

1. Partial non-payment of more than three months of wages, pensions, scholarships, allowances and other payments established by law, 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 unit organizations -

shall be punishable by a fine in the amount up to 120 thousand roubles, or in the amount of the wage or salary, or any other income of the convicted person for a period 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, or by forced labor for a term of up to two years, or imprisonment for up to one year.

2. Complete non-payment for more than two months of wages, pensions, scholarships, allowances and other payments established by law, or payment of wages for more than two months in an amount below the minimum wage established by federal law. committed out of selfish or other personal interest by the head of the organization, by the employer - an individual, the head of a branch, representative office or other separate structural subdivision 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 the 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.

(in ed. federal law dated 07.12.2011 N 420-FZ)

3. The acts provided for by the first or second part of this article, if they entailed grave consequences, -

shall be punishable by a fine in the amount of 200 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 one to three years, or by deprivation of liberty for a term of two to five years, with deprivation of the right to hold certain positions or engage in certain activities for a term. up to five years or less.

Note. Partial non-payment of wages, pensions, stipends, allowances and other payments established by law in this article means making a payment in the amount of less than half of the amount due.

You can write a complaint to both the prosecutor's office and the labor inspectorate. But first make a dictaphone recording of peaceful negotiations with the employer, on which you fix both the period of non-payment and its size.

For example, this can be your peaceful reasoning with your manager that “I have already worked for 4 months, and the salary was paid only for. The amount of salary in such and such an amount suits me quite well, but the debt is already in such and such an amount. I just would like to know when will approximately the payment of salary debts, etc., etc. "

Recorded, and then write a complaint.

Find out what to do if you worked unofficially, without registration and your salary was not paid. Tips and expert opinions!

Modern employers are often dishonest in matters of wages. Therefore, situations often arise when the question arises: “I worked unofficially and did not pay my salary, what should I do?” or “what to do if you worked without registration and do not pay wages?”

In order to avoid such troubles, during employment, an employment contract must be concluded between the employer and the employee. It is in this document that all essential conditions labor. Well, if an agreement is not concluded, then there is no order for hiring, which means there is no entry in the work book.

This fact also implies that the employer will not pay sick leave and maternity leave, is not obliged to pay bonuses and various additional payments. The employer has no legal obligations to employees, which means he can delay wages or not pay at all. But on the other hand, you, as an employee, are not legally responsible for your work.

For violation of the law in terms of registration of labor relations, the employer may be punished with an administrative fine or suspension of activities for a certain period. And since he does not formalize employees, it means he is evading taxes. This violation is punishable by criminal liability and imprisonment for up to two years.

So what do you do if you work informally and don't get paid? According to Art. 67 of the Labor Code of the Russian Federation, an unformed contract is considered concluded from the moment when the employee began his duties with the knowledge of the employer. In case of non-payment of wages, you can file a complaint with the prosecutor's office or the labor inspectorate. The fact of working in the company (in the absence of employment contract) will have to be proven. Testimony can serve as evidence. If you signed any working documents, then this may also be proof that you worked for this employer.

Read also: Name any three legal grounds for terminating an employment contract

What to do if the employer does not pay wages?

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He worked unofficially and was not paid a salary. Where to apply?

Hello. I got a job in January as a warehouse manager for an individual entrepreneur, after a month of probation I was fired for personal reasons, they considered that I did not suit them. Upon dismissal, they did not pay a salary for half the term (about 17 thousand rubles), saying that they would pay it when they finished inventorying the warehouse, in case I could screw up there. 4 weeks have passed since the dismissal, they don’t give money back, they say that they haven’t counted yet, they are pulling rubber. Officially they did not manage to arrange me, so there is no entry in the work book. Witnesses that I worked there, I think there will be. Unfortunately, the job advertisement has not been preserved on the site, so it is not known whether I can prove that the employer owes me 17,000, and not say 3,000. I read that you can apply to the labor inspectorate, the prosecutor's office and the court.

Question 1: Do I need to tell the employer in advance that I am going to take action against him, or is it better to surprise him so that he does not have time to clean up the documents?

Question 2: If you apply, where is it better? If in several places, then in what order, if it matters?

Question 3: What can I expect in my case, to punish the employer, to pay the money due to me, or is it possible that I will not achieve anything at all?

Lawyers Answers (1)

You need to collect as much evidence as possible, witnesses, documents that you signed, a pass, etc.

It is not necessary to notify the employer.

The amount of wages is not sure what can be determined, but you can definitely count on the minimum wage.

First you need to try to resolve the issue with the help of the State Labor Inspectorate, while preparing to go to court with statement of claim, since the term for applying to the court for resolving an individual labor dispute is three months (for reinstatement - 1 month) from the day when the employee found out or should have found out about the violation of his labor rights(art. 392 Labor Code RF).

Before going to court, you need to send a letter to the employer demanding to pay the salary and register it in incoming correspondence, or send by registered mail with acknowledgment of receipt.

This letter will be evidence in court of an attempt to resolve the dispute in pre-trial procedure, and if the employer responds, it may be proof that the employer actually hired you.

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What to do if you did not pay wages at an informal job

Unfortunately, in modern conditions it is impossible to rule out a situation in which you cannot receive payment for your work. It is especially problematic to resolve the issue when you were not officially employed. What to do, and what are the ways to force the employer to pay you a salary - let's try to figure it out in this article.

Tricks of employers

What tricks can employers resort to to avoid having to pay the money earned by an employee? Sometimes these are frankly fraudulent schemes, in some cases the employer tries to explain the delay in payments by temporary financial difficulties at the enterprise.

As you understand, the reasons can be far-fetched, and their variety is constantly growing. Consider a few real examples, in which employers either do not pay wages at all, or pay a significantly lower amount of the previously agreed.

According to the schedule

You are in a state of job search. Respond to a vacancy posted in the media or the Internet. After successful interview you are hired. To do this, you need to write a statement in which the wording “with a salary, according to the staffing table” may appear.

On the day you receive your first salary in this position, it may be unexpectedly small. The secret is that they paid you a monetary reward in full accordance with the salary provided by the company's staff. And when the advertisement was submitted, the salary was deliberately increased in order to attract candidates. You will simply be told that there was a mistake in the ad.

Around ratio

Another opportunity for the employer to significantly reduce the salary of his employee is the use of coefficients for the probationary period.

At the time of hiring, they will simply “forget” to warn you that for 1-2-3 months, while you, according to the employment contract, are on probationary period your salary is a certain percentage of your salary staff member. Depending on the impudence of the employer, such a reduction in real payout can vary from 10 to 50 percent.

Trapped in a crisis

In the context of the financial and economic crisis, enterprises motivate delays in payment by the fact that they do not have the funds to do so. Perhaps the company did not receive the planned profit, or the transaction turned out to be unprofitable. Employees are asked to "be patient" for a month, then two ...

There are real cases when a person worked for more than one month, hoping to get his earned money. When such a situation develops in an enterprise where you have worked for a long period, you can wait a few months. But if this is becoming the norm, and, moreover, you have only recently started working in a new place, then it is better to start looking for another job.

Informal employment

Studying the problem of delay or refusal to pay wages, if you worked unofficially, you need to start with the fact: Russian legislation does not provide for such a thing as " informal employment».

Despite this, practice shows that relations between an employer and an employee without signing an employment contract are a fairly common phenomenon. This negatively affects, first of all, the employee, depriving him of the legal social guarantees and right.

The signing of an employment contract between an employer and an employee is provided for in Article 67 of the Labor Code of the Russian Federation. The letter of the law obliges the employer to draw up this document, which specifies the relationship between both parties.

In the case when you work informally, the document is not issued. Also, the company will not have any documents about you (an order for admission to the state, etc.), and the corresponding entry in the work book is not made. You will be paid a “black” salary, without paying taxes and all necessary contributions to social funds.

Read also: Settlement period for calculating compensation for unused vacation

How to get paid

What to do in a situation when you worked without registration and did not receive a salary? Are there real mechanisms that can force the employer to pay the money earned?

Article 67 of the Labor Code contains a provision according to which even an undocumented contract can be considered concluded in a situation where the employee has started working and the employer has given his consent to this. In this case, you will have to fight for your rights with the help of structures such as the prosecutor's office and the labor inspectorate.

First of all, you will have to provide strong evidence that you really worked for this company. Certain difficulties will arise with this, since there is no signed employment contract. After you file a complaint with a job description without a proper documentation, the corresponding check will be initiated.

Based on the results of the investigation, the employer will have to be held accountable, in accordance with current legislation. At the same time, you have the right to demand that the employer pay you the agreed amount of remuneration for the work done.

How to prove the fact of work

In such a difficult situation, the most difficult thing may be to collect evidence that can confirm the fact that a person really worked and performed certain functions in the interests of the employer. This need will arise if the relevant state structures are closely involved in considering your complaint.

What to do in such a situation? First of all, the testimony of witnesses will come in handy. It can be not only former colleagues and employees of the organization. The client can act as a witness or business partner the company you worked for.

Additionally, you can present the documentation with which you worked in this company.

If there are documents worked out by you personally, or with your signature, they will definitely defend the fact that you really worked in this organization. Any acts, invoices, even a printout of calls from your cell phone, if it may indicate that you regularly had contacts with employees or company management.

Features of informal work

In fairness, it should be noted that informal work has both positive and negative sides. Negative:

There is no guarantee of paid sick leave maternity leave, a high chance of being left without bonus and additional payments.
You may also not receive the co-payment you owe if you recycle;
High risk of delayed salary, or even denial of payment.
Receiving a "black" salary, you do not accumulate your seniority, it is not taken into account when calculating a pension.
In case of receipt work injury you may be left without the required insurance payment and compensation.

But in informal employment there are also positive aspects:

By paying "black" wages, the employer, and therefore you, save on tax payments.
Having a "black" salary, you will not pay child support or other payments ordered by the court.
By working unofficially, you cannot be held legally responsible for the results of your work.
There is a high probability that the “black” salary will be significantly higher in comparison with the one you will receive if you apply for a job officially.

Assessing all the minuses and pluses, everyone must independently decide whether to work under an employment contract or informally. It is important to assess all risks and provide for possible consequences the decision taken.

How much do actors earn in Russia

What is a "black" salary and what is the employer's responsibility?

It is very rare when employers conscientiously and honestly want to show their reliable income by paying state taxes on them. Let's look at the intricacies of the salary. bearing the name "black", "salary in an envelope" has a similar meaning. What is a salary in an envelope? So, the employee is hired on the condition that his salary is “black”. What should he expect? Since the goal of employers is to minimize tax payments, the official registration of an employee for an enterprise is not provided. You need to be prepared that they will not conclude an employment contract with him, or they will indicate in it only the official part of the salary, as a rule, it is a small share of it. The work book will not make a note about the period of work at this company, although the employer may require you to bring the book. The salary will most likely be paid in an envelope from hand to hand by mutual agreement, concluded literally in words, counting on mutual decency. The employee's salary will consist of two parts: the first "black", unofficial, which he will receive in an envelope, and the second - formal, the one that will be indicated in the employment contract. In order to have the potential to evade paying taxes honestly and voluntarily, the employer has to keep double documentation in the accounting department, while unrecorded profits will go into the black salary.

What to do if the employer does not pay unofficial wages

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Worked unofficially, salary was not paid: what to do

It is in this document that all essential working conditions are prescribed.

Well, if an agreement is not concluded, then there is no order for hiring, which means there is no entry in the work book. This fact also implies that the employer will not pay sick leave and maternity leave, is not obliged to pay bonuses and various additional payments. The employer has no legal obligations to employees, which means that he can delay wages or not pay them at all.

What to do if the employer does not pay unofficial wages

In accordance with Article 57 of the Code, the terms of remuneration, in particular the amount of wages, must be included in the employment contract with the employee. In practice, some employers are officially ready to pay only a part of real wages and indicate only this figure in the employment contract. For the rest of the amount declared at the interview, as a rule, no legal documents are issued, for example additional agreements or orders for surcharges.

Unfortunately, in modern conditions it is impossible to exclude a situation in which you cannot receive payment for your work. It is especially problematic to resolve the issue when you were not officially employed. What to do, and what are the ways to force the employer to pay you a salary - let's try to figure it out in this article.

Tricks of employers

As you understand, the reasons can be far-fetched, and their variety is constantly growing. Let's look at a few real examples in which employers either do not pay wages at all, or pay a much smaller amount than previously agreed.

According to the schedule

You are in a state of job search. Respond to a vacancy posted in the media or the Internet. After a successful interview, you are hired. To do this, you need to write a statement in which the wording “with a salary, according to the staffing table” may appear.

Around ratio

Another opportunity for the employer to significantly reduce the salary of his employee is the use of coefficients for the probationary period.

At the time of hiring, they simply “forget” to warn you that for 1-2-3 months, while you, according to the employment contract, are on probation, your salary is a certain percentage of the salary of a full-time employee. Depending on the impudence of the employer, such a reduction in real payout can vary from 10 to 50 percent.

Trapped in a crisis

Informal employment

Studying the problem of delaying or refusing to pay wages if you worked unofficially, you need to start with the fact: Russian legislation does not provide for such a thing as “informal employment”.

How to get paid

What to do in a situation when you worked without registration and did not receive a salary? Are there real mechanisms that can force the employer to pay the money earned?

First of all, you will have to provide strong evidence that you really worked for this company. Certain difficulties will arise with this, since there is no signed employment contract. After you file a complaint with a job description without proper documentation, an appropriate review will be initiated.

Based on the results of the investigation, the employer will have to be held accountable, in accordance with applicable law. At the same time, you have the right to demand that the employer pay you the agreed amount of remuneration for the work done.

How to prove the fact of work

What to do in such a situation? First of all, the testimony of witnesses will come in handy. It can be not only former colleagues and employees of the organization. The witness can be a client or business partner of the company you worked for.

Additionally, you can present the documentation with which you worked in this company.

Features of informal work

In fairness, it should be noted that informal work has both positive and negative sides. Negative:

There are no guarantees of payment for sick leave and maternity leave, a high chance of being left without bonus and additional payments.
You may also not receive the co-payment you owe if you recycle;
High risk of delayed salary, or even denial of payment.
Receiving a "black" salary, you do not accumulate your seniority, it is not taken into account when calculating a pension.
In the event of a work injury, you may be left without the required insurance payment and compensation.

But in informal employment there are also positive aspects:

By paying "black" wages, the employer, and therefore you, save on tax payments.
Having a "black" salary, you will not pay child support or other payments ordered by the court.
By working unofficially, you cannot be held legally responsible for the results of your work.
There is a high probability that the “black” salary will be significantly higher in comparison with the one you will receive if you apply for a job officially.

Assessing all the minuses and pluses, everyone must independently decide whether to work under an employment contract or informally. It is important to assess all the risks and anticipate the possible consequences of the decision.

An unscrupulous employer violates, which states that an employment contract is considered concluded if the employee has begun to perform official duties without even being signed by the parties. With the informal employment of their subordinates, the employer may be subject to criminal () and administrative punishment () - a fine, suspension of activities, or even imprisonment for up to 2 years. This article will tell you how to protect your rights and where to apply to recover a well-deserved salary.

Where to apply?

Citizens working unofficially are often faced with the unwillingness of the employer to pay for their work and wonder how to collect wages if they worked unofficially. First of all, you can contact the labor inspectorate and the prosecutor's office at the location of the employer's company with a complaint. You need to be prepared that you will have to prove the fact of conducting labor activity in a company - testimonies of witnesses, printouts of phone calls to officials from the organization, documents with the signature of an employee, etc. are suitable.

The Labor Inspectorate protects the rights of workers and monitors compliance with the law by employers, for example in the case of unofficial work.

The procedure for collecting wages through the labor inspectorate ():

collection of evidence;
lodging a complaint;
waiting for a decision.

There is no time limit for contacting the labor inspectorate. In this her main feature and advantage from the court. After receiving the complaint, the inspector will check the circumstances of the case. It is possible to conduct a confidential inspection - the employer will not know which of the employees applied to the labor inspectorate. The inspector will give an answer within 30 days, in some cases this period can be extended for another 30 days, but no more.

If earlier Taken measures did not help to solve the problem, you should contact the court. How to collect wages through the court if there is no employment contract? A question of interest to many citizens employed in informal work. Procedure for applying to the court to recover wages:

file a claim;
collection of documents proving the existence of an employment relationship between a disgruntled employee and an employer;
get a verdict.

If the employer, after a court decision, refuses to pay wages to an employee working unofficially, then the employee's wage arrears will be forcibly collected by bailiffs.

Statement of claim

Non-payment of wages in informal work is not uncommon. If other levers of pressure on the employer have not had a positive effect, in order to collect wages, you should contact district court in the place of residence of the employer. If there are other branches and divisions located at different addresses, you should contact the location of the main office.

The document must contain the following information:

the name of the court;
details of the plaintiff and defendant;
claim value - the amount that the employee wants to recover from the employer for informal work;
description of the circumstances of the case - date of employment, position, salary, from what date there are wage arrears and in what amount;
evidence of an attempt to pre-trial settlement of the issue.

It's important to know: the amount of debt that the employee wants to recover may contain compensation () for each day of delay in% - 1/300 of the rate of the debt amount and compensation for non-pecuniary damage.

The state duty for filing a lawsuit in court is not required to pay.

Documents for the court

Collecting wages without an employment contract (informal work) is a laborious and time-consuming task. The employer does not pay wages and this threatens litigation for both parties.

List of documents to collect wages:

statement of claim;
duplicate of the order for employment;
calculation of wage arrears for informal work;
calculation of compensation;
evidence of a working relationship between the employer and the employee - documents signed by the employee, printouts of telephone conversations with colleagues from work, testimonies of witnesses.

We remind you that the state duty is not charged from employees. All costs will be recovered by the court from the employer.

Term

When applying to the court, remember that there are strict deadlines for filing a claim. The deadline is set by law 3 months from the moment when the employee learned about the violation of his rights. During this time, the employee can recover wages if he worked unofficially.

If the deadline for filing a claim was missed for good reasons, the court will restore the deadline. If not, then a refusal will follow and it will be possible to collect wages for unofficial work only through the labor inspectorate.

In matters of collecting wages from a dishonest employer, contact our lawyer who will help determine which strategy should be followed in court.

Munasipova Nina Viktorovna(26.08.2014 at 12:28:39)

Hello.

Before complaining to any authority, try to write a claim to the employer demanding to pay you what you are due (send by registered mail with acknowledgment of receipt). In the letter, indicate these articles of the law and, accordingly, violations by the employer:

1) Article 16 of the Labor Code Grounds for the emergence of labor relations The RF between the employee and the employer also arise on the basis of the actual admission of the employee to work with the knowledge or on behalf of the employer or his authorized representative in the case when it was not properly executed.

2) Article 67 of the Labor Code Form of an employment contract 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 authorized 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, and if the relationship associated with the use of personal labor arose on the basis of civil, but was subsequently recognized as labor relations, - no later than three working days from the date of recognition of these relations as labor relations, unless otherwise established by the court.

3) Article 140 of the Labor Code Terms of payment upon dismissal Upon termination of the employment contract, payment of all amounts due to the employee from the employer is made on the day the employee is dismissed. If the employee did not work on the day of dismissal, then the corresponding amounts must be paid no later than the next day after the dismissed employee submits a request for payment.

In the event of a dispute about the amounts due to the employee upon dismissal, the employer is obliged to pay the amount not disputed by him within the period specified in this article.

What is the responsibility for violation:

Article 236 of the Labor Code. Liability of the employer for the delay in payment of wages and other payments due to the employee

If the employer violates the established deadline, respectively, payment, vacation pay, dismissal payments and (or) other payments due to the employee, the employer is obliged to pay them with the payment of interest (monetary compensation) in the amount of not less than one three hundredth of the current refinancing rate Central Bank 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 up to the day of actual settlement inclusive. Amount payable, local normative act or an employment contract. The obligation to pay the specified monetary compensation arises regardless of the fault of the employer.

Article 5.27 of the Code of Administrative Offenses. Violation of labor laws and

1. Violation of labor legislation and labor protection -

shall entail the imposition of an administrative fine on officials in the amount of one thousand to five thousand roubles; on persons engaged in - from one thousand to five thousand rubles or an administrative suspension of activities for a period of up to ninety days; on the 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 labor and labor protection legislation official previously subjected to administrative punishment for the same -

entails disqualification for a period of one to three years.

Write that if within 10 days they don’t make the necessary settlement with you and don’t pay the amount due, you write to the management that he violates labor laws, to the tax office, that he does not formalize employees at work and thereby evades, and also go to court, and you will be asked to pay settlement and interest for delay in accordance with Article 236 of the Labor Code. And then the employer will start having problems that can result in fines more than the amount that he owes you.

The meaning of the claim is that if the employer does not want to have problems with the above authorities, he still deigns to pay the due to you cash. If he ignores it, write a complaint against him to the prosecutor's office, to the tax office, go to court to establish the fact of working for this employer and recover from him. And evidence of work with this employer may be the testimony of witnesses, etc.

Now there is an active propaganda of the need to choose an organization with a "white" salary. However, there are still employers who refuse employees in partial registration, when the salary is divided into the official and managerial parts.

Also, a significant part of people agree to receive their salary completely unofficially and remain socially unprotected. Sometimes employees are faced with a situation of non-payment of monetary remuneration and the question arises: what to do. We will try to understand and, if possible, give advice.

About informal employment and its consequences

In a normal situation, the organization that receives the employee concludes an employment contract with him (Article 67 of the Labor Code of the Russian Federation), which indicates the position, work schedule, and the employee's right to leave. In addition, when an employee is faced with the fact that the salary has not been paid, he can rightfully turn to help labor inspectorate or prosecutors.

When an employee is hired unofficially, in fact, this means that no contract is signed with him, no order for admission is issued, and there are no deductions for the tax and pension fund. An entry in the work book is also not made, as a result of which the employee loses his seniority. If the money is not received, the question arises: where to go?

In addition to non-payment of due wages upon dismissal, the employee faces the following negative consequences:

such an employee is forced to get sick at his own expense;
maternity leave for unemployed employees is not paid, and workplace after parental leave will also be lost;
experience, as mentioned above, will not be taken into account when determining the amount of the pension;
an injury at work will not be the basis for an employee to receive monetary compensation;

Positive aspects of informal employment:

an unemployed employee is exempt from taxes and alimony;
there is no legal liability to the employer;
hard to prove material liability before the organization (the employer is unlikely to sue an unofficial employee);
unofficial remuneration often exceeds the average supply in the market.

Signing an employment contract is the responsibility of the management of the organization.

When a violation is found labor law the employer can be fined and suspend his activities (Article 5.27 of the Code of Administrative Offenses).

In addition, for such a violation, the leader faces criminal liability (Article 199.1 of the Criminal Code of the Russian Federation) - imprisonment for up to two years.

What can be done in case of non-payment

A lot of forums, if you search, are full of questions: “I work without work book, decided to leave, did not pay the money, what can be done? Or it may be questions related to the fact that they do not pay money and ask to wait.

However, based on Art. 67 TKRF, labor relations are recognized as formalized when the employee has begun to perform labor functions with the consent of the head of the organization.

The question of where to turn if they do not pay wages without an employment contract can be answered: to the labor inspectorate and the prosecutor's office. Of course, this will require more strength and patience from you than if the employment relationship were secured by a contract. When a person worked unofficially, it is necessary to prove his actual cooperation with this employer.

Having shown perseverance, it is possible to achieve a prosecutor's check, the departure of the labor inspectorate to the employer. Then the head will be held accountable and he will be obliged to pay everything due to the employee.

When it comes to massive non-payments, it makes sense to complain to the whole team by submitting a jointly drawn up application.

How to collect evidence?

An informal worker needs to understand that he is obviously taking risks by agreeing to accept such cooperation. However, there is an opportunity to receive wages from an unscrupulous employer.

This, of course, will require witnesses who will confirm that a person worked daily at such and such an address. For evidence, clients of the organization who interacted with those who were not paid a salary can be involved.

Documentation can serve as a very important proof. An employee working without an employment contract will need to painstakingly collect all available documents that bear his signature. At written evidence supervisory authorities will be required to accept the complaint. The presence of a signature of a person as a representative of the organization is a strong proof of his actual work in the organization.

It would be ideal if in some documents you find how much your earnings are - in this case it will be easy to establish what is the amount of unpaid money.

So, we can conclude: if an unemployed employee was not paid money, then there are ways to restore justice, only for this it will be more difficult to collect an evidence base.

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