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Non-payment of wages as a severe violation

Everyone can be rewarded for work. This is his personal right, which is guaranteed by Russian law. However, not all employers are equally diligent in relation to their duties. One of the most serious violations, which, unfortunately, is not so rare is the non-payment of wages. In order for this not to happen, the state controls the completeness and timeliness of all relying payments. In some cases, coercive measures may even be taken, which manifest themselves as legal responsibility towards the perpetrators.

In the event that the organization has a non-payment of wages, it is best to take measures to recover it as soon as possible. At the very beginning, you should make a claim to the employer. It can be handed in person or by mail. If the employer refuses to meet your demand, and you can not resolve the dispute within the organization, you can recommend an appeal to the commission that deals with labor disputes. However, pre-trial proceedings do not always bring the expected result to the employee. In such cases, non-payment of wages becomes a strong reason to appeal to law enforcement agencies, such as the prosecutor's office or the police. In this case, the employee must file an application for the purpose of initiating a criminal case because of a serious violation of the labor code by the employer. In addition, the employee can file a claim in court. At the same time, if he wins the case, he will receive not only wages, but also material compensation for her delay.

Among other things, an employee in general can suspend his activities until the receipt of the funds that are due to him. It is only necessary to notify the employer in writing. Exceptions are only people who work in organizations that provide vital activity to the population, or who serve very dangerous equipment. You can not stop work during a state of emergency or martial law.

However, before demanding that the employer bears responsibility for nonpayment of wages, it is worthwhile to understand how it should generally be paid in accordance with the law, at which point it is necessary to determine the time of its delay.

The Labor Code stipulates that labor remuneration is compulsorily carried out at intervals of half a month, at least. In this case, the day of payment is determined by the labor or collective agreement, as well as the organization's internal schedule. If the specified numbers indicate a non-payment of wages, then the employer or his authorized representative bears material, administrative or disciplinary responsibility. In some cases, the employer may be prosecuted.

Another frequent problem recently is the non-payment of wages in case of dismissal. The law establishes that payment of all time worked should be carried out on the day of the employee's dismissal. If at that moment he was not at work, then the calculation can be made by the following number. If the non-payment of wages after the dismissal of an employee lasts more than half a month, he can demand not only an amount equal to the average earnings for each day of delay, but also material compensation for moral damage. The amount of compensation in this case is established by agreement of both parties. If they can not agree, their differences are resolved by the court.

If a person can not independently obtain his earnings, he can apply to a qualified labor dispute lawyer . He will collect all necessary documents and in court will competently represent the interests of his client.

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