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If the employer does not pay wages

Employers delay wages for various reasons: economic crisis, downtime, California Payday Loans, obsolescence of production, selfish interest of the management, etc. This is illegal and can lead to big problems for business: administrative fines, interest charges on detained amounts, administrative and criminal liability for the director. But employees need to take care of protecting their interests themselves.

The law states that if the employer delays wages for more than 15 days, the employee has the right not to go to work, but the company will have to pay him the average wages during the downtime. It is enough for an employee to send a notice of suspension of work to the employer's legal address (in a valuable letter with a list of attachments). After the company replies about the intention to pay the salary, the employee must go to work, otherwise, he may be fired for absenteeism. This method cannot be used by employees whose work is socially significant: civil servants, workers in hazardous production, etc.

If the salary is not paid in full for more than three months (or two months of complete delay), the employee can submit an application to the Investigative Committee to bring the head of the company to criminal liability under Art. 145.1 of the Criminal Code. However, Best Payday Loans California, one must understand that these methods will lead to an aggravation of relations with the employer and may result in dismissal from the enterprise.

  • The law protects only employees with whom an employment contract is concluded, and only that part of their salary, which is specified in this contract. If an employee receives a gray salary, he can only demand payment of its official part. Bonuses are not mandatory (which is consistently supported by Russian courts), they are paid only at the discretion of employers, so it is very difficult to get them paid in the courts. 
  • The main thing is not to miss the statute of limitations: one year. Example: a sales manager of a transport company filed a lawsuit demanding to recover 1 million rubles. awards for three years. The employer, on the other hand, referred to the fact that the employee did not fulfill the indicators of personal efficiency, and also pointed out low performing discipline, improper performance of official duties, failure to fulfill the orders of the immediate supervisor, which was the basis for non-payment of the premium according to the internal documents of the company.
  • The court sided with the company, citing the fact that the manager went to court after the expiration of the one-year statute of limitations to collect wage arrears, and also stating that the employer's actions were in full compliance with the company's internal documents.
  • The easiest and cheapest way for an employee to receive delayed wages is to complain to the labor inspectorate and the prosecutor's office. However, it is used when the relationship between the employee and the employer has worsened or after the employee has been fired. If the facts are confirmed, the company will be fined 50,000 rubles, the director - 20,000 rubles. For repeated violations, Payday Loans Online California, the fines for companies increase.
  • If the prosecutor's office and the labor inspectorate did not help, the employee can file complaints and applications with various state bodies and specialized organizations. For example, to trade unions, industry associations, which include the employer, specialized executive authorities (for example, medical workers can contact the Ministry of Health), etc. All appeals must be considered within 30 days.
  • Mass applications from employees can affect the reputation of the employer and attract public interest. But you need to remember that any information must be reliable and substantiated, otherwise employees may be sued to protect their business reputation.
  • Workers with gray and black wages do not have effective legal remedies to collect wage arrears. Because they, receiving unofficial income, do not legally declare it and, thus, themselves become offenders who can be punished under Art. 198 of the Criminal Code for tax evasion. Judicial practice counts a few such cases, but they are not excluded.

The law states: if the employee was not employed and paid the salary, he can apply to the court with a demand to recognize the employment contract as concluded and to recover the salary for the period worked. The specialist will need to prove that he followed the labor regulations (for example, the access system recorded that he was in the office every day from 9 to 18 hours) and was allowed to work (had a working mail, conducted incoming and outgoing correspondence on behalf of the company, etc.) However, the law establishes a very short period during which an employee can go to court with such a request: three months. Employees rarely use this tool, Payday Loans No Credit Check California, and there are few cases of recognition of employment contracts concluded in court.

For More Articles:

https://tpaydayk.blogspot.com/2021/03/online-payday-loans-direct-lenders.html

https://tpaydayk.blogspot.com/2021/03/same-day-payday-loans.html

https://nottyuk.blogspot.com/2021/03/what-is-dark-web.html

https://tpaydayk.blogspot.com/2021/03/can-i-get-payday-loan-if-i-have-bad.html

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