How to write an application to the prosecutor's office about the delay in wages. Drafting and filing a claim for the recovery of wages to the court and complaints to the prosecutor's office

Any work must be paid! No one should dispute this postulate, but, as judicial practice shows, they still dispute it ... Recovery of unpaid wages is one of the most common categories of cases considered by the courts.

When do such requirements arise? The answer is obvious - when the employer does not pay wages on time, does not want to pay overtime, work on holidays, or did not pay the full severance pay upon dismissal.

Complaint in court for non-payment of wages

Code of Civil Procedure of the Russian Federation (Article 56) obliges the parties to provide evidence of their claims (or objections). This means that it is not enough for an employee to state his claims in court, they must be reasoned and not only by the plaintiff's truthful words, but also by paper and witness testimony. If everything is vague with the latter, then it will not be difficult to collect the necessary papers.

What the employee must submit to the court:

• a copy of the order on hiring (and dismissal, if the employee is no longer in an employment relationship with the employer);
• a copy of the work book (contract);
• certificate of paid salary (certificate of unpaid salary);
• certificate of accrued and paid insurance premiums to the funds;
• certificate of the period of work;
• calculation of unpaid wages and other documents.

You can get them from the employer (in addition to the calculation, you can make it yourself) by making a written request, after receiving which the employer will have no choice but to issue all copies correctly certified within 3 days (Article 62 of the Labor Code of the Russian Federation). If this fails, then the labor inspectorate (or the prosecutor's office) can help.

Claim Form

You can download a sample statement of claim to the court for non-payment of wages in .doc format at this link

Terms of collection

The limitation period for such disputes is often itself a dispute, and not only between the employer and the employee, but also between professional lawyers.

The situation is more complicated with laid-off workers. Art. 140 of the Labor Code of the Russian Federation states that the employee must receive a full calculation of unpaid wages on the day of dismissal. If he did not receive it, it means that he automatically learned about the violation of his rights, and had to immediately go to court for their protection. In case of untimely appeal to the court, the claim will not be satisfied due to the expiration of the deadline. The court will go towards the employee and restore the term of the claim only in case of a good reason: illness, long business trip, etc.

What to do if the employer refuses to pay wages?

When faced with such an unpleasant situation in which the employer delays or refuses to pay wages at all, the employee must act according to the following scheme to solve this problem:

1. First, you should try to solve the problem on your own, without involving third-party authorities. To do this, you can use a simple method, namely, draw up an official appeal addressed to the head, which will indicate the relevant claims. In this document, it is imperative to indicate that, in case of further disregard for the fulfillment by the head of his financial obligations, the employee will be forced to file a complaint with the authorized authority. This, in turn, can threaten the employer with serious fines, as well as the application of other sanctions established by law.
   Upon receipt of such an appeal, the manager will be required to provide an official response to his subordinate. For this action, as a rule, the director of the organization is given no more than 10 days.
2. If, after using the above method, the employee does not receive any results and a response to his own appeal, the next option to resolve the problem will be to contact the authorized organization. Such body may be the Labor Inspectorate. The current legislation has given it all the necessary powers to consider and resolve professional disputes. An application for the Labor Inspectorate can be written in free form. The main thing is that the document reflects as accurately as possible the cause of the conflict that has arisen, as well as various additional circumstances that will be important in a particular situation.
   After receiving such a written request, representatives of the organization will be required to give an official response. In most cases, in order to make the most fair decision, it will be necessary to conduct an unscheduled check on the fact of the violations indicated in the letter. This verification is carried out by examining the company's documents, as well as other actions that will be required to obtain the necessary information. Further, depending on the results obtained, representatives of the Labor Inspectorate make an appropriate decision. It may consist, for example, in establishing obligations for the prompt payment of wages by the employer.
3. If various instances could not help the employee to protect their own rights and receive their due wages, the last option would be to apply to a judicial institution. To do this, the interested person will first need to prepare a competent statement of claim. The claim must not only describe all the circumstances, but also clearly present your own requirements, backing them up with references to the relevant articles of the laws.

Employer's liability for non-payment of wages

In case of a delay in the fulfillment of financial obligations by the employer, the provisions of modern administrative legislation will come into force. The form and severity of the punishment will directly depend on such characteristics as the immediate period of salary delay, for example:

1. Sanctions can be applied to officials, as well as individual entrepreneurs who act as full-fledged employers. In the first case, the maximum fine will be 20,000 rubles, in the second - 5,000 rubles.
2. If we are talking about legal entities, the size of the fine for them increases significantly. The maximum amount of recovery is 50,000 rubles.
   In the event of a repeat violation by the employer, the amount of the penalty is also subject to an increase. For organizations, the fine can be up to 100,000 rubles.
3. If the period of non-payment of wages is two or more calendar months, the sanctions are significantly tightened. In particular, the criminal norms of the legislation come into force here:
   • imposing a fine of up to 500,000 rubles;
   • the imposition of a sentence in the form of deprivation of liberty for a guilty person for a period of up to 3 years.

In parallel with the above sanctions against the employer, other penalties may be established. The most common of these is the deprivation of the right to hold a particular position for a certain period of time. In addition, sometimes the appointment of compulsory correctional labor is also used as a punishment.

Separately, mention should be made of such situations in which the employer will be exempted from applying certain measures of responsibility to him for failure to fulfill financial obligations. This should include such cases in which the delay in wages occurred not due to the direct fault of the boss, but due to the emergence of various circumstances beyond the control of the parties. In particular, the provisions of the criminal law will not apply to the above situation. However, the employer will still be entrusted with direct responsibilities for the prompt payment of all due compensation to employees.

Where can I complain about unpaid wages?

Instances that can always provide the most effective assistance in situations where an employee is delayed in his wages include the following:

1. Prosecutor's office. The main purpose of the functioning of this organization, of course, is the protection of the rights and freedoms of citizens, as well as the suppression of cases of their violation. Moreover, the powers of the prosecutor's office extend to all spheres of modern relations, including professional ones. Appeal to the prosecution authorities can be used as a way to protect your own rights that have been infringed on the part of the employer. The initial stage in this procedure is the preparation of an application and sending the document to the authorized body.
   After receiving this application, representatives of the prosecutor's office will most likely decide on the appointment of an inspection. If the violations indicated in the appeal are confirmed, a court case may be initiated against the employer.
2. Commission on labor disputes. It is a special body that is sometimes created within organizations. The commission includes representatives of the interests of the employer, as well as the employees themselves. In the event of certain claims, each subordinate will have the legal right to appeal to the commission functioning in the organization. This is also done by compiling a written statement in free form. In the appeal, it is necessary to describe in detail the current situation, as well as present appropriate claims against your employer.
   If we talk about which organization is able to provide the most effective protection of the violated rights of an employee, this, of course, can include a judicial institution. That is why, in the event of really serious disputes with superiors, it is necessary not to waste time, but immediately file a corresponding claim with this authority.

When applying for a job, everyone expects to receive the required salary. Every day people work, but at some point the employer stops paying money. Many citizens are faced with such a problem, and it is not always solved by itself, sometimes situations arise when the only solution is to write a statement to the prosecutor's office about non-payment of wages.

Since there are various subtleties here, you can contact a law office for help, which will help resolve the situation.

On the website of the office you can get a free consultation of a lawyer around the clock on this issue.

To do this, just send your request through the feedback form, which is located below.

Any delay or non-payment of funds is a serious violation of the labor code of the Russian Federation, which may result in fines and even arrest.

From the date of signing by the parties of the employment contract, which in its essence is a guarantor of the material income of the employee, the employer becomes responsible for the timely issuance of funds to compensate for the work performed. Payments and their amount are established by the contract, it also specifies the terms of receipt. The employer must fully pay all the due funds, as well as allowances and bonuses, if they are mentioned in the relevant documents.

According to the labor code, the payment of funds must occur in installments with an interval of no more than a half month, so an employee can count on receiving money 2 times a month or more often. The days of issuance are prescribed in the company's statutory documents, collective agreements with mandatory familiarization of employees. Deviations from these terms are a violation of the law.

Employer penalties

The law establishes several penalties for the employer, which depend on the timing of the delay and on how many employees suffered:

• if the delay was insignificant and affected a few employees, then administrative responsibility is imposed on the culprit, which is most often expressed in the form of a fine. The decision on punishment is made by the inspector (inspector) or the court;
• criminal liability is applicable in cases where a large number of employees have suffered due to a significant delay in the payment of funds;
• suspension of work. By order of the court, the employer may terminate its activities if the delay in payment is more than 15 days. In this case, he will suffer significant material losses.

Two more not very pleasant moments for the employer are the loss of respect from employees and the deterioration of the company's reputation.

Action plan

Most often, to solve such problems, the prosecutor's office or the relevant authorities are contacted by the employees themselves, who are faced with the question of where to turn.

Complaint to the employer

First of all, it is worth writing an official letter addressed to the Director of the enterprise. Indeed, sometimes situations arise when the manager may not know that employees do not receive their salaries and bonuses. The next moment, there is a financial crisis in the country, and finding a new job is quite difficult, so before creating uncomfortable positions for the manager, write him a letter that will indicate all the problems that have arisen. It is set out in free form addressed to the Director.

It is very important that the secretary assign an incoming number to your letter, make a copy that may be useful for a claim to higher authorities.

Labor Inspectorate

In our country there is a special unit called the "State Labor Inspectorate". You can contact her on any issue that relates to the relationship between the employer and employees. The purpose of this service is to resolve conflict situations, protect the rights of the employee, and hold the employer accountable. To begin with, inspectors can make a series of phone calls to the organization, and then arrive with an inspection. To apply, you must have all kinds of documents with you: labor and collective agreements, if there are orders for the appointment of wages and a copy of the letter to the employer.

Appeal to the prosecutor's office

If the previous actions did not lead to a solution to the problem, or there was no labor inspectorate in the city, then the next action to be taken is to send an application to the prosecutor's office.

A petition is an official appeal from an employee of an enterprise in order to receive all the due payments for the performance of work and to hold the head of the organization liable for violation of rights. It is regulated in accordance with the Labor Code Article 352.

There are no specific strict requirements on how to draw up an application, so it can be completed in any form, however, observing the style inherent in official forms:

• a signature is required. If this is a collective application, then the data of all applicants must be indicated;
• it is necessary to state the essence as fully as possible, excluding emotional overtones, as well as colloquial words and facts that are not related to the problem that has arisen.

If it is impossible to write a statement to the prosecutor's office about non-payment of wages on your own, or if it seems to you that you cannot make an official business text drawn up correctly, then you can always turn to legal services for help. Also, for clarity, it is worth downloading:

Features of drawing up an appeal to the prosecutor's office

An application to the prosecutor's office for non-payment of wages is considered very quickly, and apart from writing it, nothing more is required. The authorities themselves will deal with all the problems, and ultimately monitor the receipt of all due payments to employees.

So, what information should be indicated:

1) Introduction (document header)

Here the data of the prosecutor who heads the unit to which the complaint is addressed are indicated. You also need to write information about the applicant: full name, address of residence, phone number for communication.

Please note: the petition is submitted to the local prosecutor's office where the organization is located.

Article 358 of the Labor Code of the Russian Federation also indicates the right of the applicant to insist on anonymity, this is also supported by the ILO Convention on Labor Inspections.

2) Main body of the application

This block contains a description of the main problem that occurred, you must specify all the details available:

• the full name of the organization and the address of the location (if there is a legal and actual one, both can be indicated);
• the length of service of the employee and the position held (if there are several applicants, then you need to write about all of them);
• the period of delay during which the salary was not paid, starting from the first day until the moment the application was written;
• whether you filed a complaint with the employer with demands for the payment of a debt;
• whether the applicant suspended labor activity due to delays, if so, then the date of suspension of work must also be indicated;
• the total amount of the employer's debt to the applicant with the obligatory indication of the amount of monthly earnings.

3) Claims of the applicant

Possible solutions to the conflict situation should be written here. This includes the full repayment of debt, and possible claims for compensation for moral damage, and more. In addition, the employee has the right to demand the application of administrative or criminal measures against the employer, referring to Article 145.1 of the Criminal Code of the Russian Federation; and also file a lawsuit in court to assert their rights.

Important! The application must be accompanied by documents that confirm employment in the company, a copy of the complaint that was sent to the Director of the organization. If there are no required documents, or the employee did not receive second copies, or he was refused an extract from the work book, this should also be written in the main part of the application with a mandatory indication of why they were refused.

What the Law Says

According to Article 237 of the Labor Code of the Russian Federation, an employee filing a claim may claim compensation for moral damage. He may indicate this requirement in his application. The amount of such compensation will be determined in court, after consideration of all submitted case materials. When it is not necessary to file a claim in court, the amount of payment can be established in the course of ongoing proceedings.

Another article 236 of the same code dictates the right of the employee to receive monetary compensation for delayed wages. Compensation is due even if it happened through no fault of the Director of the organization. An employee can independently calculate the percentage of payment due to him using online calculators. The rules for calculating debt are specified in the same article. If the data is entered correctly, the calculator will display the calculated value. If desired, this calculation in printed form can also be attached to the application.

Important! From October 3, 2018, the article was amended to the effect that when calculating interest, a minimum share should be applied, which should be 1/150 of the key rate of the Central Bank.

Also, the law of the Russian Federation establishes that the filing of this application can be made within 3 years from the date of violation of the employment contract.

findings

Summing up all of the above, we can draw some conclusions:

• in the process of employment, you should carefully read all the clauses of the employment contract, especially those related to the payment of wages;
• it is necessary to have second copies and copies of documents (employment contract, collective agreement, copy of the work book). They are the main guarantor for the protection of rights;
• if there are delays in the payment of wages, first you should try to resolve the conflict personally with the employer by sending him an official letter registered by the secretary in the prescribed manner; make a copy;
• if the appeal to the manager did not bring results, then it is worth writing a complaint to the prosecutor's office about non-payment of wages or going to court if the petition against the employer did not bring the proper results;
• what a statement to the prosecutor's office about non-payment of wages looks like and its sample can always be viewed at law offices or on their websites.

And remember, formal employment and a white salary are a guarantee of income, and they can also save you from long legal proceedings.

Valery Isaev

Valery Isaev graduated from the Moscow State Law Institute. Over the years of work in the legal field, he has handled many successful civil and criminal cases in courts of various jurisdictions. Extensive experience in legal assistance to citizens in various fields.

2019-10-06

An employee can complain to the prosecutor's office if the employer delays the payment of wages for more than two months. The complaint must be expressed in the form of a statement. In this article, we will consider how to correctly write a statement to the prosecutor's office about non-payment of wages.

The deadlines for paying salaries are established by the company's regulatory documents, if the employer does not comply with the deadlines, then the employee has the right not to go to work if the delay is more than 15 days, and you must first notify the employer using an application (notice), a sample of which can be downloaded from.

In addition to the fact that the employee may not go to work, he can also complain about the employer to the labor inspectorate (you can download a sample application), and if the delay increases to two months, then to the prosecutor's office. Read more about where to complain to an employee about delayed wages.

In this article, we suggest downloading a sample application to the prosecutor's office for non-payment of wages (word).

The document can be drawn up in free form, the text should briefly explain the essence of the appeal to the prosecutor's office. The text should include all the necessary information that will help the prosecutor's office make a fair decision regarding the guilt of the employer and the need to punish him.

You can collect wages through the court -.

How to write an application to the prosecutor's office for non-payment of wages?

The application is addressed to the prosecutor. In this case, you can register a specific official to whom the employee applies. As a rule, the addressee is the prosecutor who heads the prosecutor's office at the location of the employer. In the upper right corner, you should indicate his full name, the exact wording of the position of the prosecutor with an indication of the class, the name of the organization.

Information about the applicant is written below - full name, address of residence, contact details. If there are multiple applicants, please provide details of each.

The body of the statement must include:

• your full name;
• name of the place of work, position and period of work in this organization;
• salary delay period (starting from the first day and up to the day of applying to the prosecutor's office);
• the amount of salary arrears (in words and numbers);
• confirmation that the employee contacted the employer to clarify the reasons for non-payment of wages;
• if the employee stopped work, then indicate the date of termination of work;
• please consider this issue and take certain actions in relation to the employer (a sample list of requirements can be found in the sample application below).

The application is signed, the date of writing is set, after which the document, together with documents confirming employment, is transferred to the prosecutor's office.

The employee should know that he has the right not only to receive his salary, but also to.

Design example

Sample application to the prosecutor's office for non-payment of wages.

Didn't find the answer to your question in the article?

The applicants are employees of the sewing shop in the organization. All applicants are disabled. Each of them signed an employment contract with the organization. In recent months, in violation of the requirements of the Labor Code of the Russian Federation, the applicants have not been paid wages. The applicants repeatedly applied to the organization with verbal demands for the payment of wage arrears, to which they received unmotivated refusals. The applicants ask to organize an audit of the organization on the fact of the delay in the payment of wages to the applicants. Bring the perpetrators to justice established by law.

To the Prosecutor's Office of the city _________, to the Prosecutor of the city ________ _____________________________
The address: _________________________________

From:

______________________________________________
______________________________________________

Address for sending correspondence: __________________________________________

We, ________________________________________________________________________________________________________________________________, are employees of the sewing workshop, Limited Liability Company "________________" (hereinafter referred to as the Employer). All of us are disabled of the third group of hearing.

Between each of us and the Employer, an employment contract has been concluded, in accordance with the requirements of which, one of the obligations of the Employer is to pay the Employee for the performance of his labor duties.
Due to a number of reasons that the Employer refuses to explain, in recent months, in violation of the requirements of the Labor Code of the Russian Federation, we have not been paid wages.

Thus, the arrears in the payment of wages _____________ for the period from _____________ to the present is ________ rubles. __ kop.
Wage arrears _____________ for the period from ____________ to the present is __________ rub. __ kop.
Wage arrears _________________ for the period from ___________ to the present is _________ rubles. __ kop.
The arrears in the payment of wages ________________ is ____________ rubles. __ kop.
Wage arrears ______________ is ___________ rub. __ kop.
The arrears in the payment of wages ______________ is ____________ rubles. __ kop.
Wage arrears _____________ amount to _____________ rubles. __ kop.

We repeatedly applied to the Employer with verbal demands for the payment of wage arrears, to which we received unmotivated refusals. We were also refused to receive certificates in the form __________. Such a certificate was issued by the accounting department of _____________ LLC, after numerous appeals and complaints, only _____________
Moreover, the implementation of labor activity by us did not stop, in view of the frequent promises of the Employer to pay off the above wage arrears.

These actions on the part of the Employer, to delay the payment of wages, grossly violate our rights as Employees.
At the same time, in connection with the non-payment of wages to us, disabled people of group III by hearing, for a long time (in some cases, the delay reaches six months), we all suffered significant moral suffering through the fault of the Employer.

As stated in Art. 37 of the Constitution of the Russian Federation, labor is free. Forced labor is prohibited.

Everyone has the right to work in conditions that meet the requirements of safety and hygiene, to remuneration for work without any discrimination and not less than the minimum wage established by federal law, as well as the right to protection from unemployment.

Also, in accordance with Art. 136 of the Labor Code of the Russian Federation, wages are paid directly to the employee, unless another method of payment is provided for by federal law or an employment contract.
Wages are paid at least every half a month on the day established by the internal labor regulations, collective agreement, labor contract.

Based on Art. 142 of the Labor Code of the Russian Federation The employer and (or) the representatives of the employer duly authorized by him, who allowed the delay in the payment of wages to employees and other violations of wages, are liable in accordance with the Labor Code of the Russian Federation and other federal laws.

In accordance with Art. 5.27 of the Code of Administrative Offenses of the Russian Federation, violation of the legislation on labor and labor protection entails the imposition of an administrative fine on officials in the amount of one thousand to five thousand rubles; on legal entities - from thirty thousand to fifty thousand rubles or an administrative suspension of activities for a period of up to ninety days.

So, in accordance with Art. 236 of the Labor Code of the Russian Federation, if the employer violates the established deadline, respectively, for the payment of wages, 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 at that time the refinancing rates of the Central Bank of the Russian Federation from the amounts not paid on time for each day of delay starting from the next day after the established payment deadline up to and including the day of actual settlement.
The amount of monetary compensation paid to an employee may be increased by a collective agreement, a local regulation or an employment contract. The obligation to pay the specified monetary compensation arises regardless of the fault of the employer.

Also, in accordance with Art. 237 of the Labor Code of the Russian Federation Moral damage caused to an employee by unlawful actions or inaction of the employer is compensated to the employee in cash in the amount determined by agreement of the parties to the employment contract.
In the event of a dispute, the fact of causing moral damage to an employee and the amount of its compensation are determined by the court, regardless of the property damage subject to compensation.

Thus, in the event of a refusal or a dispute about compensation for the moral damage caused to us, we will be forced to go to court to protect our violated labor rights.

Moreover, in accordance with paragraph 63 of the Decree of the Plenum of the Supreme Court of the Russian Federation “On the application by the courts of the Russian Federation of the Labor Code of the Russian Federation”, given that the Labor Code of the Russian Federation does not contain any restrictions for compensation for moral damage and in other cases of violation of the labor rights of employees, the court by virtue of Art. 21 (paragraph fourteen of part one) and 237 of the Labor Code of the Russian Federation has the right to satisfy the employee's claim for compensation for moral damage caused to him by any illegal actions or inaction of the employer, including in case of violation of his property rights (for example, in case of delay in payment of wages).

In accordance with Article 237 of the Code, compensation for moral damage is compensated in cash in the amount determined by agreement between the employee and the employer, and in the event of a dispute, the fact of causing moral damage to the employee and the amount of compensation are determined by the court, regardless of the property damage subject to compensation.

The amount of compensation for moral damage is determined by the court based on the specific circumstances of each case, taking into account the scope and nature of the moral or physical suffering caused to the employee, the degree of guilt of the employer, other noteworthy circumstances, as well as the requirements of reasonableness and fairness.

Moreover, if non-payment of wages to Employees is carried out intentionally, with mercenary or other personal interest, then this act is a crime and provides for liability established by Art. 145.1 of the Criminal Code of the Russian Federation.

So, in accordance with Art. 145.1 of the Criminal Code of the Russian Federation complete non-payment of 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 the amount below the minimum wage established by federal law, committed out of selfish or other personal interest by the head of the organization, the employer - by an individual, the head of a branch, representative office or other separate structural subdivision of an organization, shall be punishable by a fine in the amount of 100,000 to 500,000 rubles, 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 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 deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years or without it.

So, in accordance with Art. 2 of the Federal Law of the Russian Federation of May 2, 2006 “On the Procedure for Considering Appeals from Citizens of the Russian Federation”, citizens have the right to apply personally, as well as send individual and collective appeals to state bodies, local governments and officials.

Based on Art. 10 of the Federal Law of the Russian Federation of January 17, 1992 No. 2202-1 “On the Prosecutor's Office of the Russian Federation”, statements, complaints and other appeals containing information about violations of laws are allowed in the prosecution authorities in accordance with their powers.
The response to the application, complaint and other appeal must be motivated. If the application or complaint is denied, the applicant must be explained the procedure for appealing the decision, as well as the right to apply to the court, if such is provided for by law.
Appeals from citizens, military personnel and members of their families, officials and other persons are resolved within 30 days from the date of their registration with the prosecutor's office of the Russian Federation, and those that do not require additional study and verification - no later than 15 days.

Thus, the Employer grossly violates the requirements of the Labor legislation of the Russian Federation.

Based on the aforesaid and guided by Article. 136.142, 236, 237 of the Labor Code of the Russian Federation

1. Organize an inspection of ___________________ LLC, located at the address: ___________________________, on the fact of delayed payment of wages to the above Employees.
2. To bring guilty persons to the responsibility established by the law.

On the decision taken on this application, please notify us in writing, at the address: __________________________________

1._________________________________________________________

2._________________________________________________________

3._________________________________________________________

4._________________________________________________________

5._________________________________________________________

6.__________________________________________________________

7.__________________________________________________________

The payment of wages is one of the main responsibilities of the employer, and its delay always causes some inconvenience. Salary delays sometimes reach a very long period of time, and to solve the problem of paying salaries, you can contact government agencies that will help return the money earned by honest work.

The Labor Code states that every employee has the right to file a complaint with the regulatory authorities if he is faced with a delay in wages. But this is not the only way to claim your wages, you can also file a lawsuit in court.

Contacting an employer

If you are faced with a problem with the payment of wages, then the first step in solving such a problem is to contact the organization itself. It is quite possible that you will be able to resolve the issue with your salary with the organization on your own, and you will not need to contact the state authorities.

However, if the problem could not be resolved, then contacting the organization will be a weighty argument in the future case, and ignoring it will bring big problems to the employer. You should also ensure that you have a second copy of this document.

Contacting the Labor Inspectorate

The big advantage of applying to the GIT is that you can do it on the very first day of the delay.

To apply, you need to personally write a document or by a group of employees, if the delay in wages has affected several people, and transfer it to the regional branch of the State Labor Inspectorate. The document has a free form and must be drawn up in two copies, one is transferred to the GIT, and the second remains with the person who sent the appeal, and the second copy should have a mark informing that the appeal was accepted.

The document must include:

• Name of the organization;
• Full name of the head;
• Confirmation of the fact of the delay of the RFP;
• The approved date for the payment of the RFP;
• PO delay period;
• information about the applicant;
• Date and signature of the applicant.

If you do not want the employer to be informed about who turned to the inspection, then you must attach an application stating that you do not want to disclose your identity to the employer.

It is also necessary to provide an employment contract or other official document, which will reflect all working conditions.

Info

The fact of applying to the GIT will be recorded in a special register. After the registration of the document, the verification of the relevant organization will begin, after which an official response will be sent to the person or group of persons who applied to the State Labor Inspectorate. In case of confirmation of the fact of a delay in the salary, administrative measures will be applied to this organization and the employer will be forced to pay wages without fail. If, after the audit, serious violations are found, this may serve as a reason for initiating a criminal case against the employer.

Appeal to the prosecutor's office

In the event of a delay in the RFP for more than two months, you have the right to write an application against the employer to the prosecutor's office. It does not have a specific form, but should include the necessary information to carry out an audit and make an objective decision.

The application consists of 3 parts:

Introduction

It is written in the name of the prosecutor who heads the structural unit in the area in which the company is located. It is also desirable to indicate his class rank and full name.

The information about the applicant must be indicated below. Full name, place of residence and contact phone number.

Information section

This section should contain all information related to the application:

• Complete information about the organization;
• Seniority;
• Place of work of the applicant in this organization;
• A copy of the appeal to the employer on the fact of the delay in the salary;
• The amount of debt and the amount of monthly wages;
• End date (if any).

Operative part

Here are your requirements for the employer. It should be remembered that it is possible to apply to the prosecutor's office on the fact of delaying the RFP both by the employee personally and by a group of persons.

Also, the application must include documents confirming your employment in the company.

If you do not have supporting documents on hand, then this fact must be reflected in the application and indicate the reasons why these documents are not included in this application.

Statement of claim in court

Simultaneously with the appeal to the prosecutor's office, there is the possibility of applying to the judicial authorities. The application is submitted to the district court located at the actual address of residence of the applicant. The application form to the judicial authorities has a similar form to the application to the prosecutor's office.

The first part of the document contains the name of the court where the application was sent, the full name and contact details of the applicant. Information about the organization in relation to which the application is being written is recorded.

The information part has a similar form with a statement to the prosecutor's office. The differences are that this part should also contain information about pre-trial proceedings with the employer. Another difference is the calculation of the amount of the claim that the employee wants to receive. This amount includes the amount of debt, penalty for each day of delay, the amount of moral damage. The employer will also be required to pay all legal costs.

The third part is drawn up similarly to the operative part of the application to the prosecutor's office.