Unfortunately, the delay of salary is quite widespread phenomenon. The law provides a similar situation and grants the right to the employee to advocate the interests. Let's consider the step-by-step instruction which will help to decide what to do if salary is not paid.
Where to address if do not pay salary?
It is important to pay attention to that how many employers can not pay salary. If from the moment of non-payment there passed more than fifteen days, the employee has the right to stop the work. For this purpose it is necessary to notify the head on the actions in writing. When he studies the statement, it is not obligatory to go to work. The employer can write the notice that he is ready to carry out payment in a certain day. If everything suits the worker, this day he has to be for work.
- If the employer does not agree to pay salary, it is possible to work in three ways. Let's consider the first. It is possible to address to labor inspectorate which will carry out an inspection in the company and will find out for what reason it does not pay to the employees the salary. In most cases the inspectorate supports the employee. The more time passed from the moment of non-payment, the employer has to pay a bigger penalty.
- The second way – to appeal to the prosecutor's office. Lawyers claim that this method is not really effective, but it is necessary to try nevertheless. At least, to the employer will precisely fray nerves. He will be obliged to justify themselves and submit the relevant documents. Unfortunately, in many cases it became clear that prosecutors did not pay attention to the sums of payments and the periods in the provided documents. They claimed that violations are not available.
- If the worker wants to receive without fail unpaid money, it is more preferable to appeal to court, but it is obligatory in the location of the employer. The claimant will ask to enclose to the application the reference from accounts department of quantity of debts, the copy of the order on employment and the copier of the page of the labor book with the last record. In several weeks it is necessary to arrive behind the judgment and to bring independently to service of bailiffs (if there is desire).
After that it is necessary only to wait for transfer of money for the account. As a rule, it occurs within two months. Judicial duties and costs should not be paid. It is not obligatory to quit the job also, but if business comes to court, most of workers nevertheless leave not to maintain the labor relations with the unfair employer any more.
We considered three options of a way where it is possible to complain if do not pay salary. Perhaps, the most effective of them is the court.
In what situations will the stop of work be considered as illegal?
Some workers cannot stop the activity before dismissal. First of all public servants treat them. Then there are workers who are engaged in providing life of the population, work on dangerous categories of production and also in the emergency, search and rescue organizations. It is impossible to stop the activity during state of emergency and military operations. In all other situations the workers should remember how many employers can not pay salary. After this term, they have the right to take measures for protection of the interests.
In many cases the workers do not understand why they do not pay them salary, that is representatives of the company do not even find time to explain the delay reason. But knowledge workers of the rights has a sobering effect on employers. In the majority of situations the employees get paid until the appeal to any public authorities.