According to statistics, every third citizen of Russia works unofficially. Many employers do not want to enter into a formal employment contract with a new employee.
They refuse employees even partial registration, in which the salary is divided into 2 parts - official and managerial.
Some citizens deliberately agree to informal employment, which makes them socially unprotected. Many of them find themselves in an unpleasant situation when the employer refuses to pay for the work done.
In this case, the question arises: I worked unofficially, did not pay my salary, what should I do to receive the monetary reward I earned.
Worked without registration: features and consequences
Not all workers agree with the opinion that working without an employment contract is bad. We can say that in this way the employee saves his money without paying taxes, contributions to pension and medical funds. But you shouldn’t delude yourself with just such advantages: there are also very significant disadvantages in working without registration.
What are the consequences for an employee who was employed without a contract and receives a salary “in an envelope”:
- Lack of security for the future: the employee does not have official work experience, savings for a future pension, or health insurance;
- Financial insecurity: the employer may leave an unregistered employee without leave and the payments due to him, deprive him of bonuses or not pay wages at all;
- Job instability: An unemployed person can easily be fired, furloughed, or forced to work overtime.
The disadvantages described are the most common ones during employment without official registration. We can say that an employee who does not have an employment contract is practically defenseless before the employer.
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One of the common causes of conflicts between employees and employers is salary, or more precisely, the procedure for its calculation and payment. Is it possible to punish the manager and oblige him to repay the wages owed if you worked without an employment contract?
No documents: what to do if they don’t give you an estimate?
An employee who is not paid a salary without an employment contract has a legal opportunity to protect his interests and receive due payment for his work. For this purpose, there are several state regulatory bodies that carry out supervision in the field of labor activity.
But before you contact, for example, the labor inspectorate or the court, it is worth talking with the employer himself , who is not paying wages. As a rule, ordinary communication about the conflict and threats to file a claim with supervisory authorities are very effective.
Instead of a regular conversation, an employee can submit a formal written complaint to his employer, which will demonstrate the fact that an attempt has been made to resolve the issue of non-payment of wages amicably. How to make such an appeal?
Pre-trial claim
In resolving any issue, the first step of the parties must necessarily be an attempt to peacefully resolve the conflict. It can be expressed in a pre-trial or claim letter. Such an appeal is made to the enterprise by a person who is not being paid a salary without an employment contract.
What should be included in the text of the claim? Please include the following information in your application :
- Place of work, date of employment and position.
- The amount of unpaid wages owed, as well as the period of delay.
- Demands for repayment of wage debts.
- Further actions of the applicant if the claim remains unanswered.
You need to write an appeal to the head of the enterprise in two copies: one will be given to the employer, and the second will remain in the hands of the applicant. Remember that you must respond to a complaint from an employee regarding delay or non-payment of wages within 10 business days from the date of receipt of the complaint.
When sending an application by mail, the response period will begin to count from the date of receipt of the letter.
In your complaint to the employer, be sure to indicate the legal norms of the Labor Code of the Russian Federation that were violated by him. For example, according to Article 22 of the Labor Code of the Russian Federation, an enterprise is obliged to pay wages on time and in full.
Where can I go?
After receiving a claim about unpaid wages from an employee, the employer is obliged to respond to it and take action to resolve the conflict situation. However, not all managers respond to employee complaints, much less fulfill their demands. If a response has not been received or the applicant is not satisfied with it, the applicant should send a letter to the regulatory authorities.
The first authority that can help if wages are not paid without an employment contract is the labor inspectorate . There are branches in every city: you can contact a department employee directly or write an electronic complaint on the inspection website. But what if you don’t have an employment contract?
Expert opinion
Novikov Oleg Tarasovich
Legal consultant with 7 years of experience. Specializes in criminal law. Member of the Bar Association.
This means that even an unofficial employee has the opportunity to file a complaint about unpaid wages, providing government agencies with evidence of the actual performance of their duties. For example, the following can prove the fact of employment :
It is important to know: What documents are needed to draw up an employment contract
- Pay slips, accounting extracts, letters from the company to the employee.
- Working documents containing the employee’s details (invoices, invoices, statements).
- Response to a previously filed claim for unpaid wages.
If none of the specified papers is available, then witnesses can prove the fact of work activity: the employee can attract two people who can confirm that the employee was indeed unofficially employed.
In the same way you can contact the prosecutor's office if the labor inspectorate could not find violations on the part of the employer. By the way, this government agency is more effective, since law enforcement agencies have more powers. The application to the prosecutor's office is also submitted along with documents proving the fact of employment.
What to do if nothing helps?
Supervisory agencies are required to act on a complaint received from an employee within one month. As a rule, an audit will be carried out at a company that does not pay wages. After this, the employer will receive an order to eliminate violations, as well as a fine.
But a complaint to the labor inspectorate or prosecutor’s office does not always bring the expected result: the employer may simply not comply with the order or declare that the employee who filed the complaint has never worked for him. What to do in this case?
Filing a lawsuit against an employer
Both the employee himself and the regulatory authorities can initiate an appeal to the court if their actions were ignored by the employer. The statement of claim is filed at the place of registration of the applicant or at the location of the employer.
You can prove unofficial employment in court in the same way as when contacting the prosecutor's office or the labor inspectorate. All documents must be certified and attached to the statement of claim. How to go to court :
- We draw up a claim in which you need to indicate in detail the place and date of start of work, position, salary amount and the amount of debt for unpaid wages.
- We prepare an evidence base about employment and the procedure for paying wages. The claim must also provide an example of calculations and the amount of debt.
- Then the claim and all documents must be submitted to the court: personally to a government agency employee, by mail, or through an official representative.
The described actions are an approximate plan of exactly how to file a lawsuit against an employer who does not pay wages to an employee who does not have an employment contract. also invite two witnesses , who will confirm that the applicant was actually employed.
Such cases are considered in court within several months. As a rule, the decision will be in favor of the plaintiff: the employer will be obliged to repay the debt for unpaid wages, as well as a fine.
Appeal to supervisory authorities
In the event that a conversation with the employer did not lead to the desired result, you can begin to solve the problem by contacting the Tax Service or the procurator. It is important to note that such actions can only lead to the fact that the employee will be held accountable, but these organizations have no legal grounds to force the employee to repay the debt - this is only possible through legal proceedings.
Important! Failure to pay wages entails administrative liability in the form of a fine, but regular violation of the Labor Code already leads to criminal liability. Accordingly, if the issue is not resolved at this stage, the employee will have to go to court.
What to do if the employer does not pay wages and there is no contract
Expert opinion
Novikov Oleg Tarasovich
Legal consultant with 7 years of experience. Specializes in criminal law. Member of the Bar Association.
Now there is active propaganda of the need to choose an organization with “white” wages. However, there are still employers who refuse employees partial registration, when the salary is divided into the official and managerial part.
Also, a significant part of people agree to receive their salaries completely unofficially and remain socially unprotected. Sometimes employees are faced with a situation of non-payment of monetary remuneration and the question arises: what to do. Let's try to figure it out and, if possible, give advice.
About informal employment and its consequences
In a normal situation, the organization receiving the employee enters into an employment contract with him (Article 67 of the Labor Code of the Russian Federation), which specifies the position, work schedule, and the employee’s right to leave. In addition, when an employee is faced with the fact that his salary has not been paid, he can rightfully turn to the help of the labor inspectorate or the prosecutor's office.
When an employee is hired unofficially, this actually means that no contract is signed with him, no hiring order is issued, and there are no deductions for the tax and pension fund. An entry in the work book is also not made, as a result of which the employee loses his seniority. If you don't receive money, the question arises: where to go?
In addition to non-payment of due wages upon dismissal, the employee faces the following negative consequences:
- such an employee is forced to be sick at his own expense;
- maternity leave for unemployed employees is not paid, and their job after maternity leave will also be lost;
- length of service, as mentioned above, will not be taken into account when determining the size of the pension;
- an injury at work will not be the basis for an employee to receive monetary compensation;
Positive aspects of informal employment:
- an employee without employment is free from taxes and alimony;
- there is no legal liability to the employer;
- financial liability to the organization is difficult to prove (an employer is unlikely to sue an unofficial employee);
- unofficial remuneration often exceeds the average market offer.
Signing an employment contract is the responsibility of the organization’s management.
If a violation of labor legislation is detected, the employer may be fined and its activities suspended (Article 5.27 of the Administrative Code).
In addition, for such a violation, the manager faces criminal liability (Article 199.1 of the Criminal Code of the Russian Federation) - imprisonment for up to two years.
How to recover sick leave pay when working under a contract?
In the Komi Republic, an employee, on the basis of a contract, performed work on assembling construction supports. On the third day of work, he was injured, which led to loss of ability to work for 3 months. The HR department denied him sick leave pay because he was performing work under a contract rather than an employment contract. In addition, the employee had a permanent place of work. The court of first instance agreed with the employer's arguments, but the plaintiff was able to achieve justice in a higher court, which took into account the information about the investigation of the accident and came to the conclusion that the contract has all the features of an open-ended employment contract. Moreover, the mere absence of an employment contract, an order for hiring and dismissal, as well as vacancies by position in the staffing table, does not exclude the possibility of recognizing the relationship between the plaintiff and the defendant as labor. This is confirmed by the totality of evidence collected in the case: the plaintiff’s application to transfer the salary due to him to the card, the plaintiff’s explanations, and the testimony of witnesses. The court satisfied the plaintiff's demands, recognizing the relationship between the defendant and the plaintiff as work under an employment contract concluded for an indefinite period; the accident was found to be work-related. The employer was obliged to pay for the certificate of incapacity for work, to pay compensation for moral damage (see the Appeal ruling of the Supreme Court of the Komi Republic dated April 14, 2014 in case No. 33-1661/2014).
How will workers' qualifications be assessed in 2017?
What can you do if you fail to pay?
A lot of forums, if you search, are full of questions: “I work without a work book, I decided to leave, they haven’t paid me the money, what can I do?” Or these may be questions related to the fact that they do not pay money and are asked to wait.
You may receive a recommendation to forget about restoring justice, since the fact of employment lacks documentary evidence.
However, based on Art. 67 of the Labor Code of the Russian Federation, labor relations are recognized as formalized when the employee begins to perform labor functions with the knowledge of the head of the organization.
The answer to the question of where to go if wages are not paid without an employment contract can be answered: to the labor inspectorate and the prosecutor's office. Of course, this will require more strength and patience from you than if the employment relationship were secured by a contract. When a person worked unofficially, it is necessary to prove his actual cooperation with this employer.
By showing persistence, you can achieve a prosecutorial inspection and a labor inspector visit to the employer. Then the manager will be held accountable and obligated to pay everything due to the employee.
This is important to know: Sample notification of changes in the terms of an employment contract
When it comes to massive non-payments, it makes sense to complain as a whole team by submitting a jointly drawn up statement.
How to collect evidence?
Anyone working informally needs to understand that he is obviously taking a risk by agreeing to accept such cooperation. However, it is possible to receive wages from an unscrupulous employer.
This will, of course, require witnesses who will confirm that the person worked daily at such and such an address. For proof, clients of the organization who interacted with those who were not paid their salaries can be brought in.
Documentation can be very important evidence. An employee working without an employment contract will need to painstakingly collect all available documents that bear his signature. If there is written evidence, the inspection authorities will be required to accept the complaint. The presence of a person’s signature as a representative of the organization is strong evidence of his actual work in the organization.
It would be ideal if in some documents you find how much your earnings are - in this case it will be easy to establish what the amount of unpaid funds is.
So, we can conclude: if an unemployed employee has not been paid money, then there are ways to restore justice, but it will be more difficult to collect the evidence base.
Complaint to the Labor Inspectorate
The Labor Inspectorate monitors compliance with the rights of working citizens even in the absence of the necessary documents relating to employment.
According to Art. 360 of the Labor Code of the Russian Federation, rights are protected as follows. The citizen’s appeal is accepted for processing by an inspector who will establish the circumstances of the incident.
If the citizen so desires, his name may not be disclosed. Then the organization will not know who exactly filed the complaint. Unlike the court, the period for filing an appeal is not limited by law. This is the main advantage of resolving a dispute in this way.
The general period for making a decision and notifying the applicant about it is 30 days. If circumstances require it, it may be extended for the same period.
Please note! In addition to written complaints, you can contact the Inspectorate by calling 8-800-707-88-41. The appeal can also be submitted in the format of an electronic message to the following address:
Didn't pay salary without agreement where to go
In the labor market, it is customary to distinguish between “white”, “gray” and, finally, “black” wages. The specific type of income depends on the degree of legality of the process.
“White salary” is the official income of an employee, from which taxes, social contributions and other payments provided for by labor legislation are deducted. The work takes place on the basis of a legitimate employment contract.
“Gray salary” also implies drawing up an agreement, but the employer hides the real amount of the subordinate’s income (it is negotiated orally). This is done to save on taxes.
At the same time, “black wages” are paid without formalizing the employment relationship. Money is given to workers directly in their hands (usually in an envelope).
What to do if the employer does not pay wages and there is no contract?
But, before contacting the tax authority, the employee must take into account that by agreeing to work unofficially, he himself is breaking the law and evading taxes - and therefore he can also be held accountable. In order to avoid penalties, the employee can pay the taxes due on his own. Amount of wages The most difficult thing to prove in unofficial employment is not the very fact of the existence of an employment relationship between the parties, but the level of wages - after all, unofficial wages are mainly issued in an envelope.
In this case, the employee will need to provide receipts or other documents that can confirm the level of wages. In the absence of such evidence, even having established the fact of an employment relationship, collecting the debt from the employer will be very difficult, but, most often, impossible.
Looking for an answer?
Good evening, Natalya.
You have the right to demand the money you earned, but first you will have to prove the existence of an employment relationship in court, and then punish the employer, firstly, for actually allowing you to work without documentation (Article 67 of the Labor Code of the Russian Federation), and then for unpaid wages on the basis of Article 142 of the Labor Code of the Russian Federation.
In court, you can present any certificates from the bank if your salary was transferred to the card, possibly orders or instructions that were drawn up in writing, where your name is indicated. as well as testimony from your colleagues.
Considering. that you worked in a restaurant, most likely you will only be able to persuade your colleagues to testify that you worked there, and that you were paid, perhaps even in cash.
Only after recognition in court can you count on repayment of wage arrears and demand compensation for delays on the basis of Article 236 of the Labor Code of the Russian Federation.
There will be more questions. please contact us.
Cost of services: 500 rub. consultation. The cost of the document depends on its complexity.
Elena Valerievna, thank you for your answer. Let me clarify some points. I have no one else to turn to. The restaurant is located in Obninsk. I posted an ad on Avito. A man called me and said we need a sales specialist for a restaurant. I came for an interview. He quickly explained the essence to me (you will need to gather your database, call all organizations in the city of Obninsk and tell them that there is such a wonderful restaurant, there are business lunches for only 300 rubles.
And another girl came with me at the same time. Computers, Internet, chairs were all furnished with me in one day (when I came for the interview the office was empty, and the next day everything was delivered and installed). At the interview we were told that the internship was one week, for which we would receive money in any case, and then as you wish.
He said that the slave will respond for a month without registration, and then they will take the contract or hire him as a staff member. When I went to lunch I saw a boy I knew - he was a cook there. He said that the salary was being delayed. and later I found out that he works there unofficially. They are detained, but they pay well. I realized that this kind of work (calling serious organizations like the administration, the prosecutor’s office, etc. simply does not correspond to my moral principles and foundations, I cannot “step over” myself) does not suit me.
We invite you to familiarize yourself with: Sample written assignment to an employee
Victor has been promising me money since February 2 (every day since that day I call him and he says there is money, don’t worry, mine is 10,000 and Alenina’s is 5,000) and they still haven’t given me a penny. not me, not the girl. He rarely appeared there. I warned in advance that the job was not suitable for me, but I would wait until he found other workers, since the second girl “left” before me.
To put it bluntly, he dumped his responsibilities on me so that I could conduct interviews and look for employees. In the end, I found one girl, now she works there with her friend. What didn’t this Victor tell me: they are good people, I trust them, if you want to “close” one of my own, you better not argue with me, I’m not the director, call the administrator.
And he himself tells me they didn’t pay me either, I’m waiting, the guys are opening a second restaurant, they have their own worries. You shouldn't care what they do. Wait, I have three projects, they’ll charge me and I’ll close them. Administrator There is a young girl there, she also tells me to wait 2 weeks (it was February 17) and call. She doesn't pick up the phone, the restaurant director doesn't answer.
I spent a lot of nerves. I added them all on VKontakte, wrote to them all as a human being. they didn't respond. Everyone says they won't pay. I'm just desperate. Dad died, mom and I were left with a mortgage of 30 thousand. Mom is afraid that the apartment will be marked for non-payment (because it is a non-state bank).
And this best restaurant in Obninsk, “Versailles”, cannot pay such a small amount. I spent money on travel. I live in Balabanovo. There are no jobs in our city. I am 20 years old. I am a kind, decent girl. The second girl who worked is actually an orphan. They think they’ve found some suckers, so they don’t have to pay. Sorry if I wrote too much.
Good morning, Natalya.
To what I wrote, I can only add that additional evidence needs to be collected. You can go to the restaurant again and demand money from the guy who hired you, but just list everything that you wrote, that is, you yourself found me, when I wrote, when I responded to your ad, you promised me that - this and that, but they didn’t do it, but I worked conscientiously and to this day I haven’t been paid, a month has already passed. The purpose of this conversation is to provide as much detail as possible in the conversation, which needs to be recorded on a voice recorder, because every mobile phone has one.
Try to bring up all the nuances in the conversation so that there is a record of his promises and excuses, but without threats on your part.
Then a few more recordings with former or current employees who will confirm in a conversation that you worked there, and then attach the recordings to the lawsuit. There is no other way to resolve the issue.
If you have any more questions, please contact us.
Good morning! Thanks a lot!
Good day to you, Natalya! In your case, you need to defend your rights in court. It is to prove the fact of “employment relations”, to be reinstated at work and to recover from the unscrupulous employer your earnings of forced absence with compensation for moral damage. All the best to you and good luck! If you have any questions, ask!
Cost of services: Consultation is FREE!
Hello. I worked without an employment contract or contract, there were delays in my salary since June 2021, they were paid with a long delay. What they have left is quite a small amount and they feed us breakfast every day. I haven’t worked there for almost a month and a half and still haven’t seen a penny, everyone says by the end of the week and so on all the time.
You can also leave a written review of the lawyer
Labor relations between an employee and an employer also arise on the basis of the actual admission of the employee to work with the knowledge or on behalf of the employer or his authorized representative in the case where the employment contract was not properly drawn up.
The employer must draw up an employment contract within 3 working days (Article 67 of the Labor Code of the Russian Federation). In addition, you can file complaints with the State Tax Inspectorate and the prosecutor's office. Illegal collection or dissemination of information about the private life of a person, constituting his personal or family secret, without his consent, or dissemination of this information in a public speech, publicly displayed work or the media - and in this case we are talking about negotiations regarding work and this is not personal or family secret.
With respect, Nadezhda.
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Responsibility of the parties
If an employee works illegally, then disciplinary measures are provided for both parties. Income tax will have to be paid by the employee, while it is he, and not the employer, who acts as the taxpayer. Of course, without contributions to the Pension Fund, during unofficial employment, the employee will also not be accrued length of service.
It is enough to familiarize yourself with Federal Law No. 212 to understand that it is simply profitable for employers to engage in shadow business, since even if exposed, they will have to repay only 30-50% of the unpaid amounts, while law-abiding managers must pay their dues in full. Of course, if a person does not pay taxes on a regular basis, then after legal proceedings the manager may face criminal penalties.
The employer does not pay wages, they worked without a contract
Comments Question: Good afternoon! Please help me! I worked in a cafe, but I did not work officially, that is, without an employment contract. When I applied for my hard-earned wages, I was refused. Tell me, please, what to do if they don’t pay wages and there is no contract? The employer refuses outright!
Where can I go? Thank you! Answer: Good afternoon, V.! In your case, if there is no employment contract (or civil contract), you need to provide other evidence that you worked in this cafe (witnesses, your signature in the employer’s documents), and refer to Part 1 of Article 61 Labor Code of the Russian Federation, according to which the employment contract will not need to be submitted to the court or other body, since in such cases it comes into force from the moment you are actually admitted to work with the knowledge or on behalf of the employer or his representative.
Evidence confirming the existence of an employment relationship
- Testimony of witnesses. Witnesses can be persons who had the opportunity to observe being at the workplace, performing work, and its schedule (for example, clients of the employer). At the same time, current employees are unlikely to testify against the employer, and the court may consider former employees interested in the outcome of the case. In addition, former employees must also prove that they worked for the defendant.
- Video and audio recordings with transcripts. Judicial discretion in their assessment is essential. An audio recording may be rejected due to the impossibility of identifying the participants in the conversation and for other reasons.
- Written evidence:
- agreements between the employer and clients and powers of attorney issued to the employee in fulfillment of the obligations assumed under these agreements;
- a printout of incoming and outgoing calls certified by the telecom operator, confirming regular communication with the employer;
- documents of state and municipal bodies, organizations confirming the employee’s fulfillment of official assignments (visitor registration logs and similar documents);
- certificates issued by the employer (for obtaining a loan, visa, etc.);
- notarized correspondence in mobile messengers;
- employer documents containing employee signatures (cash books, sales receipts, etc.).
- The fact that a pass was issued to the employer’s territory.
- The fact that the email address is registered on a domain owned by the employer.
The plaintiff has the right to ask the court to assist in collecting evidence (Part 1 of Article 57 of the Code of Civil Procedure of the Russian Federation). For example, to confirm the ownership of telephone numbers, you need to request the relevant information from telecom operators.
Where to go for help
Expert opinion
Novikov Oleg Tarasovich
Legal consultant with 7 years of experience. Specializes in criminal law. Member of the Bar Association.
If at work they do not pay menial wages, while a person works unofficially, then you need, first of all, to complain about the very fact of the absence of an employment contract, and then about the fact of non-payment of wages.
Concluding an employment contract is the responsibility of the employer.
According to labor law, this document must be drawn up in writing and reflect all the conditions of the employment relationship.
If the contract is not drawn up in writing, it is considered concluded from the moment the employee returns to work or is allowed to perform official duties.
This norm is enshrined in Art. 67 Labor Code of the Russian Federation.
This is important to know: Order to extend a fixed-term employment contract: sample 2021
The employment contract must be drawn up within three days from the date the employee actually starts work. If this does not happen, the employer’s actions can be appealed to the state labor inspectorate or the prosecutor’s office.
Responsibility for the employer in case of delay in payment.
The very fact of the absence of an employment contract entails administrative liability:
In case of repeated violation, the sanctions become more severe. In addition, the appeal must indicate the fact of delayed wages, the amount of debt and provide evidence of the existence of an employment relationship and the amount of the assigned salary.
If wages are not paid for two months (in case of complete non-payment) or three months (in case of partial non-payment), it is possible to contact law enforcement agencies with a statement to initiate a criminal case.
Sometimes a surprise audit reveals multiple violations, and evidence is discovered during these audits. It could be:
- black accounting;
- availability of statements according to which actual wages were issued “in envelopes”;
- explanations from other employees and responsible persons.
Contacting regulatory and inspection authorities is a good move, but there is no need to limit yourself to them. No one is immune from carrying out a formal inspection and receiving a written statement based on its results.
The employer may also hide the offenses very carefully, and it will simply not be possible to find evidence. In this case, you should go further and contact the judicial authorities.
If the salary paid in black money is delayed or not paid at all, you should not skip the labor inspection; first of all, you need to contact the State Labor Inspectorate.
Before going to court, it is advisable to have a response from this body available. It is better to duplicate your actions to protect rights by independently collecting evidence.
Let's summarize. It is possible to punish an employer for non-payment of wages even if the employment is unofficial.
What to do if a combination of the following factors is present: lack of an employment contract and official employment, non-payment of unpaid wages:
- Submit an application to the labor inspectorate stating that you are not officially satisfied with the job, that your salary is paid “in envelopes”, and that, moreover, delays are allowed.
- If the response from the State Tax Inspectorate is unsatisfactory, file a claim in court.
- In parallel with these actions, collect evidence that labor relations exist.
The burden of proof regarding the payment of wages generally lies with the employer. If the fact of an employment relationship is established, the defendant must provide payment documents signed by the plaintiff.
Expert opinion
Novikov Oleg Tarasovich
Legal consultant with 7 years of experience. Specializes in criminal law. Member of the Bar Association.
There is no exact list of evidence on which the court will have to make a decision. The following rule applies: the more massive the evidence base, the better.
In judicial practice, decisions were made based on:
- witness statements;
- collected documents;
- audio-video recordings;
- information from open sources;
Let's take a closer look at each possibility.
If, after dismissal, an employee is not paid “black wages,” he can contact the following authorities:
- the prosecutor's office;
- tax office;
- State Labor Inspectorate;
- local police department.
How effective are the methods?
And now a little about the sad thing: unfortunately, proving the amount of a gray or black salary in court is an extremely complex and dreary process.
The fact is that it is still relatively easy to prove the fact of non-payment - problems begin with specific amounts. The burden of proof here lies with the employee, and if the gray part of the salary is not paid, it may turn out that it will not be possible to convince the judge. In this case, you will have to be satisfied with receiving only what is due under the employment contract.
Good afternoon I work unofficially, my employer owes 154,000 rubles in wages. Who should I contact and what documents do I need to provide?
Good afternoon You need to collect evidence confirming the fact of labor otgoshey. These can be various documents, such as a 2NDFL-2 certificate, payslips, a pass, etc. Try to resolve the issue with the help of the State Labor Inspectorate, and at the same time get ready to go to court with a statement of claim.
Before applying, send your employer a registered letter with acknowledgment of receipt, demanding payment of wages. This letter will serve as evidence in court of your attempt to resolve the conflict out of court.
There is absolutely no point in complaining anywhere. Every single organ will insist that it is their own fault. It was necessary to conclude an agreement. This is a conclusion from my own life. I ran around so many people, only got sores. Most likely, some competitor of the company will help you get yours back. Who will definitely have incriminating evidence and copies of unofficial payments.
How to get money if you worked without an employment contract
Financial liability of the employer for delay in payment of wages and other payments due to the employee If the employer violates the established deadline for payment of wages, vacation pay, dismissal payments and (or) other payments due to the employee, the employer is obliged to pay them with interest (monetary compensation ) in an amount of not less than one three hundredth of the refinancing rate of the Central Bank of the Russian Federation in force at that time from 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.
If an agreement cannot be reached, then the Employee can submit Applications (2 copies each) to the State Labor Inspectorate, the Federal Tax Service Inspectorate (tax), the Prosecutor's Office, but it is better to go straight to the District Court (not subject to state duty) with a Statement of Claim (3 copies), from The Prosecutor's Office and the State Labor Inspectorate are usually of little use.
For information: Article 16 of the Labor Code of the Russian Federation. Grounds for the emergence of labor relations Labor relations arise between an employee and an employer on the basis of an employment contract concluded by them in accordance with this Code.
In what cases can you recover after dismissal?
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First of all, it is worth understanding what the relationship is between an employee and an employer who does not formalize an employment contract. However, the work itself was performed - therefore, it must be paid.
In this case, this method helps: by any means, the fact that the person worked unofficially is recorded.
Any documents that we could find. For example, if there are no accounting statements, but there are simply lists indicating the amounts for which employees signed, and a copy of such a list was obtained - this is excellent evidence.
Testimony of witnesses who saw the fact of work (it’s best when they also collect wages - and confirm each other’s words).
Voice recorder recordings, videos, photographs, etc.
Based on all this evidence, a statement of claim is prepared and filed in court. In it, the plaintiff demands payments not for work, but for work performed or services provided - within the framework of civil law.
It is impossible to predict in advance how successful such a step will be. However, there is a chance of winning the case if there is enough evidence.
Timeframe for making a decision
- Try to reach an agreement with the employer, ask what to do to pay wages, threaten to sue.
- Insist on official employment, the registration of which will be carried out in accordance with the provisions of the Labor Code of the Russian Federation. During a conversation, you are allowed to use a voice recorder in order to later provide the audio recording as one of the evidence in court.
- Proceed to contact the supervisory authorities.
The court has a maximum of 1 calendar month to make a decision. If it is confirmed that the enterprise is unofficially conducting double accounting, a request is submitted to the Federal Service of Russia to block the debtor's accounts until wages are paid.
An executive document that was received on the basis of a court decision can be taken to a financial organization if the bank where the manager’s account was opened is known. If the required amount of funds is available, their transfer takes place within three days.
Evidence at trial
Confirmation of the fact of work at the enterprise during the trial is regulated by Article No. 55 of the Code of Civil Procedure of the Russian Federation. Evidence may include:
- Copies of payroll statements. Even if employers pay wages in envelopes, most organizations still keep records of wages paid. In order for a document to serve as evidence, it must contain the name and signature of the employee.
- Envelopes in which salaries were paid. The employer must provide the reason why envelopes were systematically issued to all employees.
- Advertisement for an employee (in paper or electronic form).
- Indicators of other specialists.
- Statistical information of the region or a specific company (the specialty of the employee is taken into account). In addition, information from professional associations may be used.
- Audio, photo and video materials. As practice shows, it is much easier to discreetly record a conversation with an employee than to take a photo or shoot a video. In this case, it is worth taking into account the provisions of Article No. 77 of the Code of Civil Procedure of the Russian Federation - information must be provided in court about who made the recording and when.
