Just recently we talked about how desperate Gukovsky miners, who have not been paid wages since 2015, began a protest march to Rostov. They intend to walk 120 kilometers to the regional center, meet with the governor of the Rostov region Vasily Golubev and ask him what they and their families have to eat, what to live on and how to pay for their housing.
And the Rostov authorities still don’t know how to solve the problem of miners who are starving and hungry at the same time. In addition, even complete repayment of debts to them will only reveal another problem over time. There is no other work in the dying towns - moreover, with the closure of the mines, other types of activity also die, because the mines were city-forming enterprises. This means that even when the current debts are finally paid off, the social problem will not be removed from the authorities - . and will become (already have become) a constant headache not only for the current regional government, but also, apparently, for many subsequent ones.
He pulled his ears and shook out some money.
The most poetic oligarch expressed his attitude towards activities in Russia, where Gutseriev, in fact, earned his capital, with a phrase in which Russian business is like a big eared hare that is running away from its fears. And to stop running away from them, you need to become a lion, the billionaire is sure.
There is no doubt that the lion is a beautiful animal. But at the same time he is one of the largest and most dangerous predators in the world. The lion does not spare his prey - when hunting, he does not make allowances for either the old or the young.
“Lion” Mikhail Gutseriev does not do this either. He caught the coal sphere of the Rostov region in his tenacious jaws, gutted it - ate the most delicious, and threw away the rest.
Sometimes leaving the earth “under water”, the oligarch used to say that “In business you need to be a shark.” As they say, it was a waste of time. Everything is one - a predator. The main thing for him is to fill his stomach. The main thing for “Predator” Gutseriev is to remove the “loot” from the next project.
Well, on a full stomach you can pamper yourself and the world with poems about the eternal. And having been pampered, you can pretend that you are the same as everyone else, saying: “I am an ordinary man burdened with financial problems.”
The Gukovsky miners, who were “eaten” without chewing by the oligarch Gutseriev, also have a problem. One for everyone and for the poetic soul of Mikhail Safarbekovich, it is probably too primitive and down-to-earth - not to die of hunger. But closing the notebook with rhyming manuscripts, Mr. Gutseriev again turns into such a smiling, grinning “shark”. Well, what kind of predator, having finished eating its prey, also asks it: “Aren’t you in pain there?”
Mikhail Safarbekovich is also interested exclusively in production. Otherwise it is called profit. Millions, billions, rubles, dollars... Whose broken destinies and entire devastated regions are behind all these crazy figures that allow the Gutserievs to head Forbes, no one in this “talented” family in all respects considers.
A poet in Russia is more than a poet... It’s a pity that a beautiful phrase is spoiled by the presence of Mikhail Gutseriev in it. He is also more than a poet. He is also... a “business shark.” Therefore, “sacrifices” are inevitable.
The issue of delays and non-payment of wages still remains relevant, despite the serious tightening of measures of legislative regulation of labor relations. What to do if your salary is delayed?
What to do and where to go if you don’t get paid or your salary is delayed? You will find answers from practicing lawyers to these and some other questions in our article.
What to do if the employer does not pay wages
If wages are not paid or are delayed, the Labor Code of the Russian Federation provides for several options for appealing to various regulatory authorities. In this case, you can use either one of the methods or all of them at the same time. Let's look at them in more detail.
- The first authority to which an employee must turn in the event of a prolonged absence of cash payments for time worked is his immediate management. Labor Code of the Russian Federation Art. 142 gives the employee the right to self-defense, which can be expressed by absenteeism from work if wages are delayed for a period of 15 days or more. In this case, the employee undertakes to notify the employer of his intention in writing. In accordance with labor legislation, the employee must return to his duties no later than the next day after receiving written notice from the employer agreeing to pay the amount of wages due to him on the day he returns to work. The right to suspend the work process does not apply to employees of the following enterprises and organizations:
- Workers of essential utilities services (gas, heat, electricity, water, communications).
- Ambulance medical workers.
- Civil servants.
- Persons serving hazardous industries.
- Employees of the armed forces of the Russian Federation, emergency rescue services, the Ministry of Emergency Situations, search and rescue teams, etc.
- Employees of territories under a state of emergency or martial law.
- Application to the labor inspectorate. This body was created to ensure control over compliance with the proper implementation of labor legislation. Therefore, using this method is the most convenient and effective for most workers. An application to the labor inspectorate is submitted in writing, in free form. Based on it, the authority inspects the enterprise and, if violations are detected, applies restrictive sanctions against the employer. If necessary, labor inspectorate specialists assist employees in preparing a package of documents for going to court.
- Application to the prosecutor's office. The Constitution of the Russian Federation gives the prosecutor's office, which is a supervisory body, the authority to conduct the necessary checks if there is a request from a citizen. In addition, the prosecutor can conduct an investigation with a view to applying to the unscrupulous employer all the necessary sanctions that are provided for by current legislation. You will find information about how on our website.
- What to do and where to go if you don’t get paid? Of course to court. All of the above organizations (prosecutor's office and labor inspectorate) in most cases are engaged in punishing an unscrupulous employer, and the court authorities will help you return your honestly earned remuneration. not only a requirement for the return of the amount of debt on wages, but also the daily accrual of penalties for the use of unpaid funds. The amount of the penalty is calculated in accordance with the current refinancing rate of the Central Bank of the Russian Federation, which in 2015 remained at the level of 8.25%, and since the beginning of 2016 has been 11% per annum. The penalty begins to be calculated from the first day of delay in payment of wages. That is, if the payday is set on the 10th, then the penalty is calculated from the 11th.
To summarize the above, it can be noted that the legislator has provided the employee with several effective ways to protect his own rights, each of which he can use at his own discretion.
Where to go if you don't get paid
Some are interested in the question: is it possible to leave a complaint, if wages are not paid or wages are delayed, over the telephone? The answer to the question can be found in the Federal Law “On the procedure for considering appeals from citizens of the Russian Federation.”
In accordance with the above-mentioned normative act, a citizen has the right to contact the government body of interest to him in any convenient form and receive a legally valid response to his appeal.
The law does not provide for a mandatory form of such treatment. From this we can conclude that if an employee’s salary is delayed, he has the right to contact the prosecutor’s office or the labor inspectorate via a telephone call.
However, it is worth noting that the basis for an official inspection of an unscrupulous employer is an application from an employee, executed exclusively in writing. A simple telephone call cannot be a reason for any action on the part of regulatory authorities regarding the current situation.
By telephone, it is best to consult, make an appointment with an authorized representative of the authorities, or determine the order of your next steps to resolve the circumstances that have arisen.
Is delaying wages allowed under the labor code, and for what period?
A little higher, we told you what you need to do if you don’t get paid. However, sometimes the economic situation in the country or other force majeure circumstances can make certain adjustments, as a result of which delays in payments to employees occur for reasons beyond the employer’s control. Let's figure out what to do and where to go if your salary is delayed?
How long is a wage delay allowed? Let us turn again to the law: art. 136 of the Labor Code of the Russian Federation states that the employer is obliged to pay wages at least twice a month on the days established by the internal labor regulations.
Any violation of deadlines (even if it is 1 day), regardless of the reasons, is considered unacceptable and may entail liability with the subsequent application of certain sanctions against the employer. Of course, it is unlikely that any employee will contact the regulatory authorities in the event of a one-day delay in wages, but from a legislative point of view this is possible and acceptable. The law is on the employee's side. Delaying or not paying wages is prohibited. Otherwise, the employer will rightfully be held liable. There are no permissible delay periods.
Responsibility for non-payment and delay of wages
Delay or non-payment of wages, as well as violation of other labor rights of employees may entail certain types of penalties against the employer violating the law. According to Art. 5.27 of the Code of Administrative Offenses provides for the following types of liability:
- Penalties in the amount of 1,000 to 5,000 rubles are imposed on officials of enterprises and individual entrepreneurs (and, for the latter, forced suspension of activities for up to 3 months is possible).
- For legal entities (enterprises and organizations), the fine ranges from 30,000 to 50,000 rubles, or a penalty is applied to suspend activities for 90 days.
- In case of repeated violations of this kind by an official, his disqualification may be applied for a period of up to 3 years.
If wages are not paid in full for two or more months, penalties are applied in accordance with criminal law. Based on Article 145.1 of the Criminal Code of the Russian Federation, the following types of penalties are provided for employers:
- In the form of a fine, the amount of which ranges from 100,000 to 500,000 rubles or is equal to the salary or other income of the perpetrator for a 3-year period.
- In the form of imprisonment for a term of up to 3 years with the deprivation of the convicted person of the right to carry out a certain type of activity, or the opportunity to occupy relevant positions for a similar period of time (or without it). The punishment depends on the specific circumstances of the case and the classification of the defendant’s actions (under Part 1 or 2 of Article of the Criminal Code of the Russian Federation).
A few words about valid reasons for delaying payments due to an employee. What to do if the employer did not pay wages on time, but this delay occurred due to force majeure circumstances, for reasons beyond the employer’s actions, then, in accordance with labor legislation, he is obliged to pay the employee monetary compensation calculated taking into account the current refinancing rate. In addition, this does not exempt him from additional administrative liability.
In any case, the legislator has not provided for any opportunity for the employer to avoid paying monetary compensation to employees, regardless of the circumstances. But as for bringing to administrative or criminal liability, then, as judicial practice shows, nuances are possible.
In response to message No. 2 from Gennady Chekmarev: If their rights are violated, employees can contact the appropriate authorities. The legislation defines the employer's liability for this offense. Depending on the circumstances, it can be material, administrative or criminal.
Financial liability implies that the employee receives not only accrued wages, but also interest for each day of delay. This payment is compensation for late transfer of funds. The interest amount is calculated daily in the amount of 1/300 of the current refinancing rate established by the Central Bank. However, the collective agreement may define a different percentage calculation scheme that is more beneficial for the employee. It should be understood that such liability arises regardless of the reason for which the payment was delayed.
Non-payment of wages
Administrative liability is regulated by the Code of Administrative Offences, Article 5.27. The law provides for fines for the employer in the amount of thirty to fifty thousand rubles. A repeated violation may result in disqualification of the employer or a fine in the amount of fifty to one hundred thousand rubles. In this case, he will not be able to hold leadership positions for the next three years.
There is also criminal liability for non-payment of wages. This is possible when it is proven that the employer pursued personal goals by delaying payments to employees. The offense is classified under Article 145 of the Criminal Code.
Among the grounds for resorting to criminal law are:
non-payment of wages for three months or longer;
payment of wages below the established minimum wage for two months.
The Criminal Code provides for the following types of punishment:
fine;
removal from office and deprivation of the right to occupy leadership positions;
deprivation of liberty;
carrying out forced labor.
The type of punishment depends on the severity of the crime. For example: To the Moscow Prosecutor
State Counselor of Justice 2nd class
__________
from Ivanov Peter Alekseevich
G. Moscow, st. Baranova, 99, apt. 99,
tel. +7 111 1111111
Statement
about non-payment of wages
I, Petr Alekseevich Ivanov, work at LLC “”, located at: Moscow, st. Kozlova, 33, from 01/01/2012 as an electrician with a salary of ____ rubles.
Starting from January 10, 2015, in violation of Article 136 of the Labor Code of the Russian Federation, I have not been paid wages. The amount of debt as of (date of application) is _____ rubles __ kopecks.
I have repeatedly turned to the general director of Belochka LLC, Petrov Petrov Viktorovich, for clarification regarding the reasons for non-payment of wages and the date of repayment of the debt, each time receiving an unmotivated refusal to provide such information.
The performance of my labor duties was not suspended or terminated.
Based on the above, guided by Article 37 of the Constitution of the Russian Federation and Articles 136, 142, 236 and 237 of the Labor Code of the Russian Federation,
Ask:
Conduct an audit of the legality and validity of the non-payment of wages by the employer LLC “-----” to me, P. A. Ivanov, and take prosecutorial response measures.
Submit to LLC “---” a proposal to eliminate violations of labor legislation.
Take measures to bring the perpetrators to justice in accordance with the norms of the current legislation of the Russian Federation.
Application:
a copy of the employment contract No. __ on 1 sheet;
extract from the work book on 1 sheet
Date of. surname signature
It would be a good idea to start by writing such a statement (in the picture)
Victor Topaller. Photo: RTVI
From the editors of ForumDaily: One of the flagships of Russian-language television in America, the RTVI channel, is going through times of crisis. Its owner Ruslan Sokolov, who previously headed the Russian patriotic channel “Zvezda,” last year found a new investor who was ready to invest a large sum, by RTVI standards, of $60 million over three years. The name of the generous investor was kept secret, however selected media indicated that it could be the head of the largest Russian state corporation Rostec, Sergei Chemezov. With the advent of investments, the relaunch of the channel was announced, and the well-known native of NTV, Alexey Pivovarov, became the general producer of RTVI. However, a year later, funding was sharply reduced, the channel began to fire people, freeze projects and transfer the broadcast to a Moscow studio. At the same time, RTVI management does not talk about closing the channel.
TV and radio host and regular ForumDaily columnist Victor Topaller, who has worked on the channel for 18 years, expressed his own opinion about what is happening on RTVI in his column. The ForumDaily editors are also ready to provide RTVI management with the opportunity to present their own vision of events.
I didn’t want to talk about this topic at all. But I probably should. Moreover, I receive a lot of questions from different people from different countries. That's why I answer. Everyone at once. I warn you – I don’t know everything. So these are rather personal feelings and observations.
So, after nearly 18 years on RTVI, it's all over. I will limit myself to a fairly dry presentation of some facts and share my conviction that everything to which Moscow stretches its paws inevitably turns, as Voinovich wrote, into a “secondary product.”
The first “decree” of the new leadership (on the same day they took office!) was discontinued , although the first 8 episodes of the new cycle " All that Jazz"were already ready. I won’t share my guesses as to why there was an urgent need to kill one of the most popular programs - should I leave you room for imagination?..
Almost simultaneously I was informed that in a few months the program “In New York with Victor Topaller” would also be closed, and they offered to prepare a new program “Breakfast with Topaller” (later ), expressing the wish that my wife serve tea to the guests... At that moment, making sure that people were not joking, but speaking completely seriously, I finally understood everything. But I decided to see what happens next...
How should the new program (which should have been filmed not on RTVI, but with the production company Rating-TV) differ from the old one? Apart from a brilliant idea about tea? There was a text about this published on Facebook. It is curious that for all his innocent loyalty (not to mention the fact that every word is true), he provoked an angry reaction from management. I'll repeat it. To complete the picture.
... As I already reported, the program “In New York with Victor Topaller” ceased to exist and was aired for the last time on May 14. This Sunday a new program is due to air on the RTVI channel - “By the Fireplace with Topaller”.
It differs significantly from the “In New York...” program. Let's start with the fact that its duration is half as long - 24 minutes, not 48. In addition, voice-over comments, which did not exist before, play an important role, and the role of video material has increased many times over. A “pure” conversation was replaced by a multifaceted program, which we film not in a studio, but in a “home” environment.
The next difference is the guests. Now only “stars” of the first magnitude become them. Previously, the program sometimes featured people who were little known to a wide audience, but who, in my opinion, were of great interest to the audience. In addition, the very invitation (or non-invitation) of guests has ceased to be my prerogative - the producer determines who will appear in the program and who will not. Of course, I have the “right to vote”, but nothing more. By the way, I would like to take this opportunity to thank the production company “Rating-TV” for their excellent work and high professionalism.
Another difference is the complete exclusion of politics. Thus, many guests of “In New York...” a priori could not become guests of “By the Fireplace...”.
P.S. The future of this program still seems very vague to me: there are no agreements on its further production at the moment. But, in any case, I hope you will see the ten programs that have already been filmed.
Here you go. And so it happened. Ten programs were broadcast. True, my wife did not serve tea to the guests, I confess. Apparently this is why Rating-TV did not receive money for further production, and there were no negotiations with me. We didn’t communicate with them at all for more than six months. There was no desire. I think it's mutual. I probably showed cowardice by agreeing to the new format - the program definitely ceased to be my original program. As far as I understand, this was the main goal. But I don’t regret agreeing at all - it was interesting for me to work with professional, nice people, on something new, and I’m not ashamed of any of the ten programs. And, to be honest, I didn’t want to break ends - after all, I’m almost 18 years old...
Yes! I forgot to tell you about a funny episode. On April 27, when all 10 programs had already been filmed, I received a letter of dismissal. A few days later, the financial director of RTVI requested a meeting, at which he said that he asked that this letter be considered invalid. I found out that I continue to work until August 31st. I have my own thoughts about what this nonsense is connected with, but I won’t expand on it now - again I’ll leave you room for guesses and fantasies. Thus, the state of sluggish schizophrenia (I seem to still be working, but no longer working) lasted for several months. 10 programs saw the light of day, and now they are being shown for the second time.
And on September 30, friends told me that there was a “general meeting of the residents of our house” (of course, no one invited me), at which “the question was” about closing the channel. As Kharms would write, the people were informed: “our theater is closing - we are all sick.” RTVI went broke, fired almost all its employees and, naturally, looks to the future with hope and optimism. As I understand it, the now Russian channel RTVI will drive its bullshit out of Moscow and dilute it with the valiant, and most importantly - politically consistent - work of the American bureau. I see, right? Bobby died.
By and large, I don’t care what the reason was that the channel was ruined: either everyone skipped too quickly; either the secret investors were horrified by the squalor and amateurism of the new leadership; or the political situation has changed; or all together... What's the difference? You can, of course, speculate for a long time on the topic of all this “rat fuss” or talk about the funny speeches of the authorities, the essence of which boiled down to Ostapov’s plan to transform Old Vasyuki into New Moscow, which peacefully coexisted with permanent salary delays (which in itself is the grossest violation of American law. But Russians, as always, are sure that the law is not written to them, and are very surprised and indignant when they have to bear responsibility).
Okay, that's enough. Everything is clear and more than obvious. As one of my dear guests, Mikhail Mikhailovich Zhvanetsky, said: “Don’t stand in all this - move away”... It’s probably even good that the channel collapsed: perhaps they will still remember it without a disgusted smile...
I hope that we will see each other again. And thank you: the long life of my programs is largely thanks to you. And please be safe.
ForumDaily is not responsible for the content of blogs and may not share the author's point of view. If you want to become the author of a column, send your materials to
Where to go and what to do if the employer does not pay wages
Where to go if you don't get paid? This issue, despite the fairly strict legal regulation in the labor sphere, still does not lose its relevance.
In this case, there are several options for the development of events (by the way, nothing prevents you from using all of them at the same time):
If you don’t know where to turn if your salary is not paid, then keep in mind that the first authority should be your management. According to current legislation (Article 142 of the Labor Code of the Russian Federation), the employee has the right to self-defense, which can be expressed in the form of absenteeism in the event of a delay in payment of wages for more than 15 days. But it must be said that in this case the employee is obliged to notify the employer in writing of his intention.
At the same time, the provisions of the law establish the employee’s obligation to report to work no later than the next day after receiving notification from the employer of readiness to pay the debt on the day he resumes work.
In addition, this article of the Labor Code provides for a number of restrictions for workers in certain professions who do not have the right to suspend work:
Contacting the labor inspectorate
This method is effective and most convenient for the majority of workers for the reason that this body was created precisely for the purpose of ensuring the implementation of labor legislation and supervising its implementation. In order for the labor inspectorate to come to your aid, it is enough to write a written appeal in free form.
Based on it, an inspection will be carried out, based on the results of which (if a violation of the law occurs) sanctions will be applied to the employer. In addition, inspection specialists will help you draw up the necessary documents to go to court.
Going to court
In this case, the question is not about punishing the culprit, but about returning what was honestly earned. The authorized bodies (mentioned above) will apply sanctions against the employer, and you need to worry about getting your money back.
In the statement of claim, you can demand not only the return of the debt amount, but also compensation in the amount of 1/150 of the key rate of the Central Bank of the Russian Federation (currently 7.50% per annum) for each day of delay. It should be noted that accrued compensation should be calculated from the day following the day when your wages should have been paid. That is, if it should be issued on the 15th, then compensation will be accrued from the 16th.
In addition, if wages are not paid, it would be a good idea to contact the prosecutor’s office, but more on that later.
Everyone can use one or more of the proposed options (see also: Where to complain about an employer, and how to complain correctly?). One thing is for sure: if an employer does not pay wages, he can and should be held accountable and his rights protected. For this purpose, the legislator has provided several effective legal protection mechanisms.
Don't know your rights?
How to submit an application to the prosecutor's office against an employer
The prosecutor's office is a supervisory body authorized, among other things, to conduct prosecutorial checks on received complaints from citizens (see: How to file a complaint with the prosecutor's office (sample)?). Due to the fact that current legislation provides for several types of liability, the prosecutor has the right to conduct an inspection with a view to applying sanctions against the unscrupulous employer.
How to proceed:
- Come to the prosecutor's office.
- At the entrance, find out the name and office number of the officer on duty (the prosecutor or one of his assistants or deputies).
- Explain to the duty officer the essence of the problem.
- Write a statement with him.
If you do not have time for personal visits, you can write a free-form application and send it by mail.
Who and where to call if wages are delayed
Who can I call if my wages are late? In accordance with Articles 2 and 3 of the Law “On the Procedure for Considering Appeals from Citizens of the Russian Federation” dated May 2, 2006 No. 59-FZ, citizens have the right to appeal to any government body in any form and receive a response to their appeal.
The law does not provide for a mandatory form of such treatment. Therefore, if wages are delayed, you can also contact the above-mentioned authorities - the prosecutor's office or the labor inspectorate.
But it should be noted that all official checks are carried out only if there is a reason, that is, an appeal that must be formalized in writing. This means that you can get advice on possible further actions and arrange a meeting with representatives of a government agency by telephone, but if you want these authorities to take real action to resolve the current situation, you will still have to apply in writing.
How long can wages be withheld and is this acceptable?
In general, if you don’t get paid, we’ve told you what to do. However, life is unpredictable, and the situation may turn out to be such that the delay occurs for reasons beyond the employer’s control. In this case, a reasonable question arises: how long can wages be legally delayed?
According to Art. 136 of the Labor Code of the Russian Federation, wages must be paid at least 2 times a month - on days established by the internal labor regulations of a particular organization. In this regard, violation of the specified deadlines even by 1 day is unacceptable and may be grounds for holding the employer liable.
Of course, it is unlikely that anyone will knock on the doors of the authorities if the money was delayed for a day, but from a theoretical point of view this is possible. Thus, we emphasize once again: wages cannot be delayed regardless of the timing. Otherwise, there is a reason to hold the employer liable.
Responsibility of employers who do not pay wages (including after dismissal)
If wages are delayed or in case of violation of other labor rights of employees, the employer is responsible for this under Parts 6 and 7 of Art. 5.27 of the Code of the Russian Federation on Administrative Offenses:
- a fine of 10,000 to 20,000 and from 1,000 to 5,000 rubles is imposed on officials and individual entrepreneurs, respectively;
- for legal entities the fine ranges from 30,000 to 50,000 rubles;
- if a violation of this kind is repeated, the fines increase: from 20,000 to 30,000 rubles for officials, from 10,000 to 30,000 for individual entrepreneurs and from 50,000 to 100,000 rubles for organizations.
In case of complete non-payment of wages for 2 or more months, sanctions are applied in accordance with criminal law. Art. 145.1 of the Criminal Code of the Russian Federation provides for punishment:
- in the form of a fine, the amount of which ranges from 100,000 to 500,000 rubles or equal to the salary or other income of the convicted person for a 3-year period; or
- imprisonment for a term of up to 3 years plus deprivation of the guilty person the right to carry out certain activities or the opportunity to occupy certain positions for a similar period (or without it). It all depends on the specific circumstances of the case and the classification of the act under parts 2 or 3 of this article.
Now about good reasons for delayed salaries. If the employer does not pay wages on time, but this delay occurred due to circumstances beyond the will of the employer, he, in accordance with current legislation, is obliged to pay compensation to employees, which is calculated at the key rate of the Central Bank of the Russian Federation (see. : What compensation is due for delayed wages?). He may also additionally be brought to administrative liability.
The legislator is strict in this matter: he did not provide for the possibility of avoiding payment of compensation even in the event of force majeure circumstances. But administrative and criminal liability can be avoided (as judicial practice shows).
