We fill out an application for suspension of work due to non-payment of wages (sample document)

What to include in an application for suspension of work?

An application for suspension of work can be called differently, for example, notice, notification.
The essence will not change from this. Information about the employer and employee must be provided.

The application should be addressed to the head of the organization, indicating the name of the organization, its location address, position, surname, name and patronymic of the head of the organization. This data is usually indicated in the header (in the upper right corner of the application).

• After you have drawn up the header, in the text of the application for suspension of work you should indicate the following information:
• 1. Write information about your employment contract (from what date, position),
• 2. It is obligatory to refer to the clause of the contract where the dates for payment of your wages are fixed (you will need this in order to count the number of days of delay in payment),
• 3. Count and write how long the period of delay in salary payment is - the number of days
• 4. Make a link to the article of the Labor Code of the Russian Federation, according to which you have the right to suspend work due to non-payment of wages (Article 142 of the Labor Code of the Russian Federation),
• 5. Report your decision to suspend work due to non-payment of funds by the employer,
• 6. Remind your employer that he is also obliged to pay you interest for delayed wages,
• 7. Be sure to indicate the date from which you, as an employee, suspend work,
• 8. Remind the employer of your contact information to contact you: telephone number, email address...

9. At the end - your signature and date.

10. And other points at your discretion.

What other actions can an employee take to receive the salary withheld by the employer?

In addition to sending an application to the employer to suspend work, you can influence the manager in other ways permitted by law.

Notification form

The Labor Code of the Russian Federation does not clearly regulate the procedure for informing the employer that the employee plans to suspend work due to a delay in wages under the contract. Moreover, there is no universal form or notification form for this.

In this regard, it can be assumed that an employee can notify the employer of the suspension of work in a free format. And this will be quite normal and logical.

However, before submitting a notice, the employee must make sure that the employer has actually violated the payment deadlines.

Deadlines for payment of wages according to the Labor Code of the Russian Federation

The employer must specify the deadlines for salaries in one of the internal documents:

• in a collective or labor agreement;
• Labor regulations.

But in any case, the organization does not have the right to set deadlines later than the legal ones:

• 30th day of the current working month – for advance payment;
• The 15th day of the month following the month worked is for final payment.

If the payment day coincides with a weekend or non-working holiday, the employer must pay the salary the day before. The employer must pay vacation pay three days before the start of the vacation.

The basis is Article 136 of the Labor Code of the Russian Federation.

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Who is obligated to continue working?

Not all specialists have the right to refuse their duties. There are categories that will have to continue to work.

6 categories that do not have the right to refuse work:

• government officials;
• specialists on whose work people’s lives depend: water supply, heating, communications, ambulance;
• persons employed in particularly hazardous industries;
• military personnel;
• police officers;
• specialists responsible for state security.

These categories cannot stop working, but they can defend their rights. If payment is delayed, you should file a claim or contact labor inspectors.

Application for termination of work due to delay in salary

If an employer is late in paying wages for more than 15 days, the employee has the right to stop working until the employer pays its debt or notifies the employee in writing of its intention to do so.

Termination of work means that the employee may not go to work or may go to the workplace but not perform his or her job duties.

Before ceasing to perform his duties, the employee must inform the employer in writing of his desire.

For these purposes, a statement of termination of work is written due to a delay of more than 15 days.

The application is drawn up in two copies, the first copy is given to the employer by the employee, the second must be signed by the employer’s representative, and the employee keeps the second copy for himself.

It is necessary to write a statement, you cannot simply not go to work after 15 days of delay in salary, this will be perceived as a violation of the work schedule (absenteeism), for which the employee can be fired at the initiative of the employer.

This cannot be allowed. It is imperative to notify the employer in writing, and a copy of the application with the employer’s signature (stamp of the organization) will serve as proof that the employee notified the organization.

If the secretary or office refuses to accept the application or put a stamp on it, then you can notify the organization of your intention by sending the application by mail, using a valuable letter with a description of the attachment and a receipt. The notification will be proof that the letter was received by the employer, which means he has been notified.

Before writing a statement of absence from work due to a delay in salary, you need to make sure that the employee’s position is not among those for whom stopping work is prohibited, even if the salary is delayed. The list of employees who cannot stop working is presented in Article 142 of the Labor Code of the Russian Federation. Also, the work process cannot be stopped during the introduction of martial law or emergency situations.

What does the law say?

And now the most important article in this topic is Article 142 of the Labor Code of the Russian Federation.

According to its content:

In case of delay in payment of wages for a period of more than 15 days, the employee has the right, by notifying the employer in writing, to suspend work for the entire period until the delayed amount is paid. During the period of suspension of work, the employee has the right to be absent from the workplace during his working hours. During the period of suspension of work, the employee retains his average earnings.

How to write correctly when non-payment of wages?

1. The document is written to the director of the enterprise - in the upper right corner the surname and initials of the director, his position (in the dative case), and the name of the company are indicated.

2. 
   Next, the applicant is identified: full name in the genitive case, position in accordance with the staffing table.

3. The main block of the application is drawn up in free form, which sets out the essence of the appeal to the head of the enterprise - the desire to suspend work.
4. The text of the application contains the following information:

• clause of the local act where the dates of payment of wages to employees are recorded;
• duration of delay (in days);
• the period (month, year) for which the enterprise owes wages to the specialist;
• reference to the Labor Code (Article 142), which gives the worker the right not to go to the workplace after a delay in wages for more than 15 days;
• indication of the intention to continue to carry out labor functions after paying off the debt.

The application is signed by the employee and the date is indicated next to it.

Partial repayment of an employee's salary debt is not a reason for mandatory return to work.

But there are times when non-payment of wages for work is not a reason to leave a job:

• state of emergency;
• public service (including in security agencies);
• martial law;
• labor related to providing for the country's population (housing and communal services, healthcare).

How to write correctly if there is a delay of more than 15 days?

1. Before proceeding to study the specifics of filling out an application, the employee must make sure that the position he holds is not included in the list of those who are prohibited from suspending their professional activities under any circumstances.
2. Even in case of delay in payment of wages.
3. Absence from the workplace is unacceptable if a state of emergency, martial law or other similar special measures has been established.
4. In addition, the following categories of workers have no right not to go to work:

• employees whose activities are related to ensuring the proper level of protection and livelihoods of citizens;
• military;
• civil servants;
• specialists from organizations whose work involves the use of hazardous equipment.

If some part of the income was transferred to the worker’s account, he cannot be absent from the workplace.

After making sure that the employee whose rights were violated meets all of the above conditions, in accordance with which he can suspend the performance of his official duties, a statement is drawn up.

No unified form has been developed for its writing, so it is allowed to present the essence of the problem in free form. The document must be drawn up correctly and without errors.

The application must be written to the head of the company. The header should include the following information:

• Full name of the head;
• addressee's position;
• Company name;
• Full name of the employee;
• applicant's position.

After this, the full name of the document is written in the middle of the line. The main part of the document follows. It includes:

• the name of the normative act in accordance with which wages are paid;
• the terms within which wages are paid at the enterprise;
• duration of payment delay;
• reference to the legislative act regulating the right to suspend labor activity;
• notification of the intention to suspend the performance of official duties, indicating the reason why this action will be taken - failure to pay wages on time;
• date of suspension;
• date of creation of the document, signature of the applicant.

The application must be drawn up in 2 copies. One of them remains with the employer, the second with the applicant. In each paper, the manager puts a mark indicating acceptance of the document.

If problems arise in the future, the employee will have evidence that his absence from work is justified by a valid reason that complies with the norms of the Labor Code of the Russian Federation.

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/ Salary disputes / Filling out an application for suspension of work due to non-payment of wages (sample document)

Wages in Russia, according to labor legislation, must be paid consistently twice a month. The state has developed a whole system of measures to protect the rights of ordinary workers.

Is it necessary to go to work if the employer does not pay wages? What can you do to avoid performing work duties? How to write a statement about suspension of work due to late payment? Let's look at all these questions in more detail.

Are you experiencing delays in wages?

There are many authorities where an employee can complain in case of non-receipt of wages. The main ones are the labor inspectorate, the court and the prosecutor's office. Contacting these authorities will help restore justice and punish the unscrupulous employer.

Non-payment of income and consequences in this regard

If workers are not paid wages for a long time, they have to go into debt and take out loans in order to simply live on something and go to work.

As a result, in addition to the main borrowed funds, you often have to pay interest to banks and microfinance organizations, refuse lucrative offers to purchase something, and save.

This is only a small part of the troubles that people experience when they do not receive their salaries on time.

When going to court over unpaid wages, an employee has the right to demand not only the money owed to him for performing work duties, but also compensation for moral damages, as well as lost profits.

The law provides for penalties for employers for non-payment of wages; it will depend on the length of the delay, the amount of debt, as well as the reasons why payment was not received on time. Based on this, the employer may face :

• Financial responsibility. That is, management will be obliged to pay not only the debt for work, but also compensation for employees (the procedure for its calculation is presented in Article 236 of the Labor Code);
• Administrative - in the form of a fine (for repeated violations up to 150,000 rubles);
• Criminal - up to 5 years in prison.

But workers need to take into account the fact that the employer’s liability occurs only if an inspection has been carried out at the enterprise and the guilt of the management has been proven. And to initiate an inspection, a reason is needed - a statement from employees . Therefore, you should not tolerate management’s negligence; you need to contact the competent authorities and protect your rights.

Suspension of work activities

According to statistics, every 5 working citizen has encountered a violation of his labor rights. The most common of them is delay or non-payment of wages. Nobody wants to work “for free,” but few know that there is a law according to which an employee has the right not to attend the workplace if his salary is delayed by more than 15 days (Article 142 of the Labor Code of the Russian Federation).

The delay in wages is not counted from the moment of the last transfer of funds, but from the date that is considered the day of payment of wages under the contract.

In order not to officially attend the workplace during the period of delay in payment, the employee must notify management about this.

This is best done in writing in the form of a notice or notice. In this case, you need to make sure that the letter reaches your superiors.

To do this, it should be submitted through the reception secretary with the assignment of an incoming number, or by mail with acknowledgment of delivery.

If notification of suspension of work due to non-payment of wages is not received, management may regard the employee’s absence from work as absenteeism and reprimand him or even fire him.

It should be noted that in some situations suspension of work is not possible. Namely :

• If wages are delayed during an emergency or declared martial law;
• If the employee works in the civil service or in a hazardous industry;
• If the worker’s activities are related to medicine or housing and communal services.

In these cases, the employee is obliged to attend his workplace even despite the delay in payment.

We draw up a letter

There is no specific established form for writing a notice of suspension of work; it is written according to the general rules of business correspondence, namely :

• When writing, it is prohibited to use obscene expressions;
• The notification must exclude semantic, spelling and other errors;
• The essence of the notification should be stated briefly and to the point, without the use of complex and emotionally charged speech patterns.

To simplify the process of writing an application, you can use a ready-made template.

Sample

The notice of suspension of work consists of several parts :

1. Document header.
2. Name.
3. Main part.
4. Signature and date.

In the header of the document you should indicate the name of the organization, full name of the head, full name and position of the applicant.

As for the name of the document, it can be called: statement, notification or notice.

Sample available for download

In the main part , you need to write down the reason for refusing to go to work (due to delays in payment), the deadlines within which wages must be paid under the contract, and the deadlines for late payments. When writing the main part, you can use links to articles of the law, namely Part 2 of Article 142 of the Labor Code of the Russian Federation.

The notice should state that the return to work duties will occur only after full payment of the salary debt.

At the end of the notification the date of writing and the signature of the applicant are indicated.

Algorithm for further actions

After writing and delivering the notice, the employee may not attend the workplace. It is in the employer’s interests to repay the debt as quickly as possible. Therefore, after the employer receives the application and finds funds to pay off the wage debt, he is obliged to notify the employee in writing.

The letter must indicate that the employer is ready to pay the debt on the day the employee returns to work . After receiving the letter, the employee must go to his workplace and continue his work.

Conclusion

If management delays wages for more than 15 days, the employee legally (based on Article 142 Part 2 of the Labor Code) may not attend work or refuse to perform his official duties. To do this, you need to write a statement, an example of which is given in our article.

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Source: https://bproblem.ru/zajavlenie-po-142-tk.html

Absenteeism and forced downtime - are there any differences?

Provisions of Part 3 of Art. 72.2 of the Labor Code of the Russian Federation defines downtime as a temporary pause in the work process for economic, technological, technical or organizational reasons. There is no other interpretation of the concept of “downtime” in labor legislation.

At the same time, the Labor Code of the Russian Federation does not specify whose fault may cause downtime and whether there are restrictions on the number of temporarily unemployed employees.

Analysis of the norms of the Labor Code of the Russian Federation, in particular Art. 157, allows us to conclude that the culprits of downtime may be:

• employer;
• employees;
• circumstances beyond the control of the parties to the labor relationship.

Thus, based on the literal interpretation of Part 2 of Art. 142 termination of employment due to non-payment of wages can be equated to downtime for economic reasons due to the fault of the enterprise. However, these concepts cannot be completely equated, since:

• downtime due to the fault of the employer, according to Part 1 of Art. 157 of the Labor Code of the Russian Federation, the employee must be paid in the amount of at least 2/3 of the average payment for performing labor functions;
• the time of suspension of the labor process due to delayed salaries is paid in the amount of the employee’s average earnings (part 4 of article 142 of the Labor Code of the Russian Federation).

It turns out that it is beneficial for the employer to classify an employee’s absence from work as idle time, and not as a suspension of work due to non-payment of wages, since he will incur less costs for paying for time when the work process is not carried out? In practice, this situation is resolved in favor of the employee if he has made an independent decision not to go to work due to non-payment of wages and given a choice - to continue working or stop.

As a result, the employee who decides to suspend the work process receives full payment. In case of downtime for economic reasons, he has no choice: the employer indicates the impossibility of continuing his work activity, after which the employee is forced to stop working, being content with 2/3 of the average wage.

Reasons for registration

Before ceasing to work, a specialist must inform the employer in writing of his intention not to go to work. To do this, you need to draw up an application for suspension of work due to a delay in payment of more than 15 days.

The application must be filled out; you cannot simply stay at home 15 days after the salary delay.

This action will be regarded as a violation of labor discipline (absenteeism), for which the employer can unilaterally terminate the employment relationship with the employee. This should not be allowed.

• It is imperative to notify the employer in writing.
• In this case, 1 copy of the form with an acceptance note from the employer’s representative will be evidence of notification to the organization of the subordinate’s desire to stop working.
• You can also file a claim with the employer about the presence of overdue wages and demand their payment.

Dismissal due to non-payment

If wages are not paid, the employee often comes to the conclusion that he cannot work in such a place.
Dismissal can also be an opportunity to finally get money, because all settlements must be made with the employee: he is paid a salary, vacation compensation, etc. To do this, the employee must write and submit an application for termination of the employment contract 2 weeks before the expected last day . If agreed upon by the parties, the working period may be changed.

On the last working day, the employee was not paid his salary or was not paid in full; he must write a complaint addressed to his boss demanding that the situation be resolved within the specified time frame. The paper must be submitted in person or by mail (letter of notification) in order to have proof of receipt of the request.

If there is no response within the specified period, the citizen must apply to the court with a statement of violation of his rights. As evidence, he must present an accepted demand that remains unanswered. He can do this within a year from the date of payment, which was indicated in the request to the employer.