The first deputy of the public prosecutor of Murmansk area has responded to questions of readers Diamond Khusainov
About the salary
Good afternoon. At me here such question. During labour relations in the company employees constantly had processings (business hours was more than calendar norm) which, under the law, should be paid in the double size, upon have been paid in the unary. Now there is a court on debts collecting under the salary and a fine. The employer has changed all sheet, processings has cleaned, and their payment that has been added, named the award (for court). A leah is Enough indications of workers in this situation? Who can confirm the fact of processings for istrebovanija their full payment? If yes, change of the sheet of the account of working hours is falsification of the data? A leah is for it responsibility?
- I have enough information For the answer to your question. I advise to be converted to the lawyer (lawyer) specialising on labour affairs. Only having familiarised with documents, including, and with position about awarding, it is possible precisely and correctly for you to respond. You have the right to bring cost of services of the lawyer in claim cost. If consider that the sheet is copied, it is possible to petition for examination purpose about time of manufacturing of the document. Working hours and actually fulfilled prove, including, and by means of the explanations, indications of witnesses, fixing means (for example, marks in magazine about time of ward for work and going away from work time) and etc. the Award can be paid only by order of. Obtain on demand orders on awarding. As these orders concern concrete workers, on the order there should be your signatures. And if during this period someone from workers has been deprived the award on the basis of the corresponding order? And suddenly the award is paid to it? You understand, about what I speak. Think all together, can, really of someone deprived? Here to you and proofs. For falsification of proofs in a civil case there is a criminal liability.
My name is Nikolay, hello. Tell, how are considered poljarki to the people born in the north?
- According to former edition of article 11 of the law of the Russian Federation « About the state guarantees and indemnifications for the persons working both living in regions of the Far North and districts equal to them » the percentage extra charge to a salary is paid to youth (to persons about 30 years are elderly) in the full size from first day of work in regions of the Far North and the districts equal to them if they have lived in the specified areas and districts not less than five years. That is, the given extra charge carries not compensatory, but stimulating character. Since January, 1st, 2005 the federal law from August, 22nd, 2004 ¹ 122 - FZ to law article 11 makes the changes which have excluded from article 11 specified positions. In this connection to persons about 30 years, entering labour relations after December, 31st, 2004 and lived in the specified areas and districts not less than one year are elderly, the percentage extra charge to a salary is paid in the accelerated order. Namely, at a rate of 20 percent after first six months of work, with increase at 20 percent for each next six months. On reaching 60 - the percentage extra charge the last of 20 percent - for one year of work. The basis - the subparagraph « e » point 1 of the decision of Ministerial council of RSFSR from October, 22nd, 1990 ¹ 458 « About streamlining of indemnifications to the citizens living in areas of the North ». The general size of extra charges paid to specified workers cannot exceed the limits provided by the current legislation.
workers of Open Company « Are converted to you; Eko bread ». The society in the street   settles down; House-building. To us do not pay a salary, till now the June have not given, sometimes the salary give in « envelopes ». A leah taxes and pension payments are deducted, we do not know. What to do?
- Thanks that were not afraid and have called. I will charge to organise check on the given fact, we will necessarily understand. If about what you have told, will prove to be true, guilty will be made answerable.
Hello, Almaz Faritovich! Vladimir Dementyev disturbs. Leah prompt, please, has the right the employer to enter penalties on okladnuju a part of the salary and than it it is regulated?
- Hello, Vladimir. No, has no. Under no circumstances. At imposing on you collectings be converted with the complaint into the State inspection on work and Office of Public Prosecutor in the location of the employer. Labour inspection should qualify these actions as infringement of the labour legislation. The organisation can involve in administrative responsibility and impose on it the penalty at the rate from 30 000 to 50 000 roubles. Officials are threatened with the penalty from 1000 to 5000 rbl. (p.1 item 5. 27 KoAP of the Russian Federation). I pay your attention: if the employer breaks the labour legislation repeatedly it can entail its disqualification.
About the schedule of work and dismissals
Good afternoon. It will be possible not to be represented I? I work at the enterprise. The schedule of work the sliding. I work with the workmate. The matter is that at it the relative has died and she in the working day has asked for leave at the heads and has left, having called me for work. A leah had the right to call me from the day off? A leah has it is right to take vacation at own expense?
- the Death of relatives is a good reason and the basis for granting by administration of holiday to the worker without maintenance preservation.
Administration, having granted to its leave, have the right was to call you for work in the day off with a view of idle time liquidation. It admits under the Labour code industrial necessity.
Hello, it Alexey. My mum - the invalid, needs a permanent care. I the unique supporter in a family. I should collect what documents to issue the reduced working week? And how to issue?
- Hello, Alexey. You need the statement for an establishment to you of incomplete working week on the basis of the inquiry on care of a sick member of a family, according to item 93 of the Labour code of the Russian Federation, the inquiry on physical inability of your mum, the inquiry on necessity of care it from the doctor.
Good afternoon. Elena Semenovna disturbs. I work in educational institution. In the beginning of November of those who has worked for us from 9 till 15 years, have warned about reduction. And that, who has worked 5 years, have left. A leah of the rights the head in the present state of affairs?
- According to the Labour code, ostavlenija on work workers with more high performance of work and qualification use the right of priority. by the collective agreement other categories of workers can be provided. Also it would be desirable to pay your attention that dismissal on the given basis is supposed if cannot be translated the worker to other work.