Delayed salary what to do?

The question of how much you can withhold wages, sounds very rare now. And it's not that employers become law-abiding or more disciplined. It's just that most of the employees are well-versed in labor law matters, and they know perfectly well that the Labor Code clearly outlines the payment of salaries. Namely, that it must be issued at least twice a month, in accordance with the terms established by the legislation or in the terms specified in the collective agreement.

Therefore, when the salary is delayed for some reason, some wait patiently, while others begin to fight for their rights. Usually this struggle begins with the fact that a familiar lawyer or a person with experience in resolving labor disputes is asked: "Do not give a salary, what should I do?"

The first advice is to apply to its regional state labor inspectorate, which controls compliance with the legislation. And the fact that it can be located for two hundred miles is not a problem. A letter in the form of a complaint sent to the e-mail address of the inspection will arrive there in a few minutes. In the absence of the Internet, you can use the services of a postal service. It will take longer, but the result will be the same. The complaint is made in an arbitrary form, but just to inform - the delay in salary, what to do is not enough. It is necessary to describe in detail the whole situation, with the indication of facts, names and dates. It is advisable to enclose copies of all documents (employment agreement, account statements, accounting sheet from the accounting department, salary indications, testimonies in writing), which can confirm the correctness of your claims. Appeal to the inspection is good because according to part 2 of Article 358 of the LC RF, the applicant's data at his request may not be disclosed.

The second council will be the appeal to the local prosecutor's office. The complaint submitted there must be formalized in a manner similar to the one submitted by the State Inspectorate for Labor: a detailed description of the conflict moment with the attachment of copies of supporting documents.

But the problem is that the employer can ignore the prescriptions of these two instances. And then with the new force there will be an unsettled question: "Wage delay, what should I do?"

Applying to a court against an employer who violates your rights is the most effective decision. The statement of claim is filed at the place of registration of the debtor enterprise or at the place of residence of the employer-entrepreneur who detained the remuneration due to you for the work performed. State fees and court costs are charged to the defendant's account, which means that you do not incur any legal costs in any outcome of the case. However, there is a statute of limitations (3 months) from the moment of violation by the employer of the agreement on payment, after which the court may not consider the case. And if you already applied to the court after this period, attach a document confirming the valid reason for being late (for example, a leaflet on temporary incapacity for work). Otherwise, the problem: "Salary delay, what to do?" - and it will remain your problem.

Undoubtedly, litigation requires courage, patience and time, but a positive result can be achieved immediately. In this case, the negligent employer will be forced not only to return the money that he owes you, but also to compensate for the delay itself, as well as to pay the moral and material damage you incurred as a result of late payment of remuneration for your work. And the punishment will not be incurred, only the enterprise, but personally the head. And in the end, thoughts: "Delay in salary, what to do?" - will pursue the employer, accustoming to respect the law.