Rus News Journal

That it was not necessary to carry patches, struggle for salary payment!

so is advised to save this article - if something happens it will serve you as the guide to action and will help to win the earned. And if it already today to hang up on an information board of your enterprise, that, probably, troubles with salary delays on a broader scale will manage to be avoided!

do not believe, be not afraid, do not ask. Demand!

Bills for apartment lie in a prominent place and spoil mood. A cable television have disconnected for non-payment, too it was necessary to refuse the Internet. The family campaign at cinema became inaccessible luxury, on a table macaroni or a potato are on duty and to collect the child in school, it was necessary to occupy from relatives. Debts so many that hands fall, and all detain the salary, promising to pay off that next week, in the end of a month after money will arrive on the bill. From time to time give out only any remains. Thus you honesty go for work, carry out the duties and even try to make all as it is possible is better - let the heads will be convinced once again, what you the valuable worker then, can, and the salary will pay more likely. The director meanwhile everyone two - flies three months to have a rest abroad, goes by more and more expensive cars, and on questions on the salary philosophises on a subject “ to whom it is now easy “ and “ as soon as - then “. A familiar picture?

And after all often ourselves contribute in such situation, is silent “ tightening belts “ being interrupted by earnings of second half or it is courageous “ bombing “ in the evenings on old “ to the nine “. We enter, so to say, into position. Know - now many enterprises sharply do not have circulating assets: - that it became improbably difficult to receive the credit. So for some heads nonpayment of the salary or its delay - the most simple and accessible way to receive such necessary “ a financial resource “. And that, a convenient variant - the same credit, but without pledges and guarantors, moreover and without percent. The credit for ours with you a bill.

What to do in such situation? Where to complain? With what to begin? We will try to understand. So, a step the first - we resolve to begin struggle for the rights, speaking to myself: “ Everything, I have had enough! “.

the Chief against legal culture - approaches visit of Office of Public Prosecutor

In our country to struggle for payment “ terribly earned “ it is possible in several ways. In - the first, having converted with the statement into Office of Public Prosecutor. In - the second, having converted with the complaint into the State Labour Inspection called in the people “ labour inspection “. And in - the third, having converted into court with the statement for delivery of the injunction or with the statement of claim about debts collecting under the salary.
what way to choose, solve to you, but practice shows that the best result gives joint application of all three ways. It is possible to begin with the reference in Office of Public Prosecutor: sometimes only one mention of this department happens enough to solve a problem with not paid salary. On a broader scale - that the Office of Public Prosecutor is responsible for law observance in all spheres of life, but now, in the crisis, one of priority directions of its work - to watch that the salary to people paid completely and in time. But know - bodies of Office of Public Prosecutor work only “ on a signal “. You inform on created iniquities - the Office of Public Prosecutor reacts. How? On - to a miscellaneous: Checks, cautions to a management, entering of representations with the attraction requirement to a disciplinary responsibility of guilty persons, a direction of administrative materials and criminal cases in court and etc. As “ to beep “ to public prosecutors? It is possible to write in any form the letter - the reference and to send its usual mail in Office of Public Prosecutor of the Perm edge to the address: 614990, Perm, Lunacharsky`s street, 60 or by fax (342 212 - 83 - 00 and also to leave the information on the transgression facts on a site of Office of Public Prosecutor of the Perm edge http:// www. prokuror. perm. ru/ in section “ the Internet - a reception “. It works round the clock. In circulation it is necessary to describe in detail all infringements of company management, terms of a delay of the salary, its size, the reasons of delays declared by a management, and etc., and also the contact information on. It is important: anonymous letters “ an eye gosudarevo “ does not consider. What to do then? Yes anything - from this point on for payment to you salaries enter struggle bodies of Office of Public Prosecutor. Their representatives will arrive and will check up, how the labour legislation at your enterprise is observed, will lead with a management discussion, convincing not to transgression, declare caution and if it does not work, they will defend your rights in court. Yes - yes to make the statement to you it is not necessary, all these efforts now - business of public prosecutors. That is you, of course, can bring an action against the employer and is independent, but know - article 45 GPK the Russian Federation has granted to public prosecutors the right to be converted into court and to protect there the broken rights of citizens in sphere of labour relations on the basis of statements of these citizens.

So, recently the public prosecutor of the Kirov area of Perm has directed to court 91 statement from workers FKP “ the Perm powder mill “ Demanding to protect their broken labour law and to collect from the employer debts on a salary for a total sum over 557 thousand roubles. Simultaneously to the general director of this enterprise representation has been brought and action about an administrative offence on p.1 item 5 is brought. 27 KoAP of the Russian Federation (infringement of the legislation on work). As a result enterprise FKP “ the Perm powder mill “ it is involved in administrative responsibility with infliction of penalty in 30 thousand roubles. Debts under the salary to the workers who have converted behind the help to the public prosecutor, the factory administration has extinguished.

And the public prosecutor of the city of Kizela of the Perm edge in connection with debts under Open Company salary “ ZapadUralKran “ over 6,8 million roubles has directed to court of 115 statements of its workers. Simultaneously on materials of public prosecutor`s check criminal case on p.1 item 145 is brought. 1 criminal codes of Russian Federation. But there is more to come. At the initiative of the public prosecutor the service of court enforcement officers has limited departure for limits of the Russian Federation of the director of Open Company “ ZapadUralKran “ Vitaly Fagmieva till 2010. It would be desirable to tell about this practice more in detail. Very much creatively and on - new the Office of Public Prosecutor has approached to the acute problem decision in this case.

the Buzzing baj, America...

to the Russian businessmen, owners of the enterprises detaining the salaries to the workers, it is necessary to reflect. Probably, soon for someone from them the border will appear on the lock. Such precedent in our country has been created for the first time in Kizele. More than 100 workers of Open Company “ ZapadUralKran “ the salary did not see since November of last year. In total this enterprise has run into debt to the employees more than 8 million roubles. Upon salary nonpayment at this enterprise the Gubahinsky interdistrict investigatory department of Investigatory management Cλεδρςβεννξγξ of committee at Office of Public Prosecutor of the Russian Federation on the Perm edge has filed criminal charges (a part 1 comments of 1 article 145 of the criminal code of Russian Federation). But also, management of service of court enforcement officers at the initiative of Office of Public Prosecutor has taken out the unprecedented order. To the proprietor of Open Company “ ZapadUralKran “ saved up before workers a debt under the salary, have forbidden departure from the country. Now its proprietor and head Vitaly Fagmiev cannot leave abroad at least till March, 3rd, 2010. The judgements not executed by it on payment to workers of the enterprise of debts under the salary became the interdiction reason. This measure was supported, by the way, also by trade unions, without speaking about workers. Still - such taboo can appear the good tool in struggle against defaulters of salaries and then Perm nou - hau all Russia will use.

So to us, fair people, Office of Public Prosecutor it is not necessary to be afraid. And interaction with it can appear rather useful. In general, do not pay the salary - write to the public prosecutor. Anyway, the reference in Office of Public Prosecutor “ will stir up “ a management of the company which have run into debt to you and even if business will not reach to criminal about elimination of infringements of the labour legislation and the obligatory report on measures on their elimination the company will by all means receive representation. And on debts will precisely try to pay off!

Literally


the Public prosecutor of Russia Yury Chajka.

  - To bear responsibility for debts under the salary should not only heads of the enterprises, but also their proprietors. Up to a criminal liability, - the general public prosecutor of the Russian Federation Yury Chajka underlines. - we warn them that the actions they break the legislation and consequently can be involved in a criminal liability if will do nothing that these infringements to eliminate. Then there will be also a criminal prosecution, up to real imprisonment, - Yury Chajka marks.

it is concrete

In connection with world financial crisis in the Perm edge in 2009 the debts on a salary before workers have sharply increased. The peak of its growth in Prikamye was observed in May - June, 2009. In this connection bodies of Office of Public Prosecutor have strengthened supervision of observance of the labour law of citizens. As a result of the accepted measures of public prosecutor`s reaction for the last period of 2009 it was possible to achieve debts repayment under the salary more than on 316 million rbl. Public prosecutors actively carried out work in a direction in courts of statements for collecting added, but the salary not paid to workers. In total in 2009 public prosecutors have directed to court about 6,8 thousand statements for debts collecting under the salary for the sum more than 83 million rbl. the Most part from them is considered and satisfied for the sum about 68 million rbl. At the initiative of public prosecutors of 8 heads of the enterprises are disqualified by court, criminal cases are raised in the relation 9 more. For September, 21st   2009 the sum of outstanding debts at 62 enterprises of edge makes 104 million rbl. Office of Public Prosecutor continues work on protection of the labour law of citizens.

It is useful for knowing

As can punish the debtor?

In case of the reference in Office of Public Prosecutor of the sanction concerning the company - the debtor, and is more correct, its managements, can be rather serious.

the Office of Public Prosecutor has the right to initiate excitation of criminal case in case of deliberate nonpayment of a salary to workers of the enterprise over two months (item 145. 1 criminal code of Russian Federation), having passed corresponding materials of check in bodies of Investigatory committee at Office of Public Prosecutor of the Russian Federation.

article 145 Sanction. 1 criminal code of Russian Federation provides following kinds of punishments:

-   the penalty at the rate to 120 000 roubles or at a rate of a salary or other income denounced for the period till one year,

-   right deprivation to occupy certain posts or to be engaged in certain activity (disqualification) for the term up to 5 years,

-   imprisonment for the term up to two years.

the Same act which has entailed heavy consequences, is punished:

- the penalty at the rate from 100 000 to 500 000 roubles or at a rate of a salary or other income denounced for the period from one year till three years,

-   with imprisonment for the term from three till seven years with right deprivation to occupy certain posts or to be taken by certain activity for the term up to three years or without that.

However here not all so is simple. If the head of the company more - less competent manager, it can take some measures. The matter is that the crime structure is formed only in case of full nonpayment. To avoid a criminal liability, the employer can pay a tiny part of the salary. Besides, for criminal case excitation it will be necessary to prove personal interest of the head in nonpayment of the salary to workers that is very uneasy. However despite all difficulties judiciary practice is constantly enriched with verdicts of guilty under this article. However, judges while are limited to disqualification, penalties and conditional condemnation, for a lattice still nobody has got.

With these questions inhabitants of Prikamye are converted into Office of Public Prosecutor

I has left at own will more often, but actually me have urged to write the application not to pay the severance pay. Some have dismissed on grounds of redundancy. What it is better in this case?

If the worker has written the letter of resignation at own will, its this personal will. According to item 81 of the Labour code of the Russian Federation it is called as cancellation of the labour contract at the initiative of the worker. In your case to prove compulsion to dismissal from the employer it is possible only in an individual order. At dismissal under item 2 p.1 the item 81 TK the Russian Federation (on number or staff reduction) the worker has the right to reception of certain guarantees and indemnification, provided items 180 TK the Russian Federation.

Our firm is ruined. In what cases a management the decision on reduction of the working personnel can be accepted? A leah is put to the reduced workers indemnification from the enterprise?

Reduction of number or staff of workers provides item 2 p.1 item 81 of the Labour code of the Russian Federation. Such decision, as a rule, is accepted in connection with reduction of volumes of output, recession of demand for let out production (the rendered services, performed works), inexpediency of realisation of separate kinds of activity and other. At dismissal on the specified basis the worker has the right to reception of certain guarantees and indemnification, provided
item 178, 180 TK the Russian Federation. The employer is obliged to offer the worker other available work (a vacant post), also the severance pay at a rate of average monthly earnings is paid to the dismissed worker. Besides, behind it average monthly earnings for employment, but not over two months from the date of dismissal (including the severance pay) are saved.

Me force to leave at own will. How to be?

you have the right to refuse from “ dismissals at own will “. Procedure of reduction of number or staff of workers is provided item 2 p.1
item 81 of the Labour code of the Russian Federation in which course the employer is obliged to observe item 178 requirements, 180 Labour codes of the Russian Federation. In case of infringement of the above-stated norms of the law it is necessary for you to be converted into territorial bodies of Office of Public Prosecutor, or the State inspection on work, or in court behind protection of the broken rights.

I have left at own will as my child till 14 years often is ill also I in absentia I study in high school. A leah have the right not to put me on the account at labour exchange?

the Employer is obliged to inform data on liberated workers in bodies of employment of the population in case of their dismissal on reduction of number of staff or organisation liquidation that is when the initiative of cancellation of the labour contract goes from the enterprise. In your case cancellation of the labour contract has occurred under your initiative. Now it is necessary for you to be converted into the centre of employment of the population independently.

Working in firm, I have at her expense passed vocational training, have received the certificate of trade reception. PDonkey of it I as early as have worked 1,5 years on this speciality. The contract with the employer on training did not conclude. At dismissal to me have refused to return the received certificate. A leah actions of the employer are lawful?

the Certificate, most likely, nominal, that is is given out the concrete person who has received vocational training. In this case the employer illegally refuses to you its delivery. According to ch. 5 items 80 TK the Russian Federation in day of dismissal the employer is obliged to give out to the worker the work record card, other documents connected with work, and to make with it final settlement.

your rights

the Public prosecutor of the Perm edge Alexander Belyh: - Problems with salary payment - be converted into Office of Public Prosecutor.

the Public prosecutor reminds: the Labour code - the best gift to the director!

Knowledge - force, including knowledge of the law. The public prosecutor of the Perm edge Alexander Belyh has told that each worker should know.

the Basic act which the worker for protection of the labour law on timely can use and in full paid salary, is the Labour code of the Russian Federation. It will be very useful to get this book and attentively to read it. That accurately the nobility the rights and in conversations with the director who has run into debt to you competently and easy to refer to the law. Not out of place will present a copy and to the head - let will freshen in memory this law and knows that you have armed thoroughly and are adjusted seriously.

-   What it is necessary to know first of all? In particular, regarding 3 items 4 of the Labour code of the Russian Federation it is said that infringement of target dates of payment of a salary or its payment not in the full size concerns forced labour which in Russia is forbidden.

-   In case of infringement by the head of the organisation, the head of structural division of the organisation, their assistant to the labour legislation and other certificates containing norms of the labour law, conditions of the collective agreement on request of a representative body of workers to them summary punishment can be applied up to dismissal (item 195 TK). Besides, attraction to administrative responsibility with the subsequent disqualification of the director (item 5 is possible. 27 KoAP of the Russian Federation), and also to a criminal liability (item 145. 1 Criminal code of the Russian Federation).

-   Important component of the labour contract are work repayment terms - the official icon setting, the tariff rate, surcharge, the extra charge, incentive payments (item 57 TK the Russian Federation). It means that in the labour contract which you signed, getting a job, the given conditions should be necessarily stipulated. We get the labour contract and it is readable, under what subscribed.

-   In the Labour code of the Russian Federation also it is written down that the employer is obliged to pay the salary due to workers in the full size and in target dates (item 22 TK the Russian Federation). The Salary is paid not less often, than everyone half-month, in the day established by rules of the internal labour schedule, the collective agreement, the labour contract (item 136 TK the Russian Federation). Exceptions of this rule can be provided only the Federal law. Keep in mind: now many heads force workers to sign “ the statement for salary payment once a month “ That is to live without advance payment. Know, for court this document has no force as the norm of item 136 of the Labour code of the Russian Federation simply does not suppose similar cases, and such “ voluntary refusal “ the worker from the right to get wages is not more rare, than everyone than half-month, it will be nullified.

-   Still the unfair head can be reminded that in case of a delay of the salary more than for 15 days you have the right, having informed the employer in writing (it is more reliable - the certified mail) to suspend work for all period before payment of the detained sum (item 142 TK the Russian Federation). It will not be considered as a prorumble, but consider that in the Labour code of the Russian Federation cases when the work suspension is not supposed (for example, in the organisations connected with maintenance of ability to live of the population) are listed. By the way, the sovereign court of the Russian Federation in the decision from March, 17th, 2004 Ή 2 “ About application of the Labour code of the Russian Federation by courts of the Russian Federation “ Has explained that at - ostanovlenie works it is supposed not only when the salary delay has occurred because of the employer, but also in the absence of its fault. Thus, the person who has suspended work, has the right not to leave on it until while to it will not pay the detained sum. But if you have received from the employer the notice in writing that it is ready to pay you the detained salary in day of your appearance at work, you are obliged to come to work not pozd - it next day.

-   And more one useful reference. At infringement by the employer of a target date of payment of the salary, a leave allowance, payments at dismissal and other payments which are due to the worker, the employer, according to item 236 TK the Russian Federation, is obliged to pay them with payment of percent (monetary indemnification). The duty of payment of specified monetary indemnification arises irrespective of presence of fault of the employer. The size of indemnification is defined proceeding from size of your earnings (can be raised the collective agreement or the labour contract) and cannot be more low 1/ 300 current rates of refinancing of the Central Bank of the Russian Federation from the sums not paid in time per every day of a delay, since next day after a payment target date till day of actual calculation inclusive.