According to Rosstat, as of September 1 of this year, the total wage arrears in the country exceeded 1.8 billion rubles. In other words, any employee can face a similar problem. Head of the Department of Labor Law at the Law Faculty of Moscow State University, Honored Lawyer of Russia Alexander Kurennoy told what actions are best to take in such cases.
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According to an experienced lawyer, in accordance with Article 142 of the current Labor Code of the Russian Federation, the employer has no right to delay the payment of wages for more than 15 days. Moreover, this applies to the advance payment and to the basic salary. In addition, the dates for calculating these payments must necessarily be spelled out in the text of the employment contract. “The most important thing for an employee who has faced a delay in payment is to defend his rights. First of all, you need to contact the employer himself. If this did not have an effect, you can apply to the court. You can also file a complaint with the labor inspectorate, ”said the expert.
Kurennoy notes that if the payment of wages is delayed for more than 15 days, the employee, according to the Labor Code, has every right to suspend the performance of his official duties. True, for this period he will not be paid money, which is quite fair.
The lawyer recalled that citizens can turn to representatives of the labor inspection even for ordinary consultations, for example, if there is still hope to resolve the problem peacefully. If the chances of resolving the situation are zero, the inspectorate can initiate the inspection itself, as well as assist the employee in drafting a legal claim, so that the court will almost certainly decide in favor of the employee.