If a person worked unofficially and is not given a payment

Employment without registration is a common phenomenon, however, most workers are not fully aware of all the consequences of unofficial work. As a rule, an employment contract is not drawn up at the initiative of the employer, who is thus trying to reduce his tax expenses.

But it is important to know that the labor rights of an employee who has not been officially hired are practically not protected by law. For example, it is easy to fire such an employee or delay his wages for a long period of time. What to do if the employer does not pay wages and the employee does not have an employment contract?

Worked without registration: features and consequences

Not all workers agree with the opinion that working without an employment contract is bad. We can say that in this way the employee saves his money without paying taxes, contributions to pension and medical funds. But you shouldn’t delude yourself with just such advantages: there are also very significant disadvantages in working without registration.

What are the consequences for an employee who was employed without a contract and receives a salary “in an envelope”:

Lack of security for the future: the employee does not have official work experience, savings for a future pension, or health insurance;
Financial insecurity: the employer may leave an unregistered employee without leave and the payments due to him, deprive him of bonuses or not pay wages at all;
Job instability: An unemployed person can easily be fired, furloughed, or forced to work overtime.

The disadvantages described are the most common ones during employment without official registration. We can say that an employee who does not have an employment contract is practically defenseless before the employer.

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One of the common causes of conflicts between employees and employers is salary, or more precisely, the procedure for its calculation and payment. Is it possible to punish the manager and oblige him to repay the wages owed if you worked without an employment contract?

The absence of an agreement is not a death sentence

According to current Rosstat data for 2020, 20.1% of working Russians are employed in the informal sector - every fifth does not have an employment contract with an employer. But this does not mean that informal workers are deprived of labor rights. The Supreme Court in the ruling of the Supreme Court of the Russian Federation No. 127-KP8-17 indicated that labor relations are recognized as existing if proven:

work arrangements between management and employees;
permission to perform work in the interests of the employer;
obedience to internal regulations;
receiving a salary.

If such signs are present, the contract with the employee is already considered concluded, de facto. But its absence in the form of a written document is a violation of Article 67 of the Labor Code on the part of the employer. The obligation to record labor relations is assigned to him; the employee does not bear responsibility for this. Therefore, if an employer does not pay wages to an informally employed employee, this is the same violation as non-payment of wages to an employee with a contract. But in order to bring the offending boss to justice, the fact of the existence of an employment relationship will have to be proven.

No documents: what to do if they don’t give you an estimate?

An employee who is not paid a salary without an employment contract has a legal opportunity to protect his interests and receive due payment for his work. For this purpose, there are several state regulatory bodies that carry out supervision in the field of labor activity.

But before you contact, for example, the labor inspectorate or the court, it is worth talking with the employer himself , who is not paying wages. As a rule, ordinary communication about the conflict and threats to file a claim with supervisory authorities are very effective.

Instead of a regular conversation, an employee can submit a formal written complaint to his employer, which will demonstrate the fact that an attempt has been made to resolve the issue of non-payment of wages amicably. How to make such an appeal?

Pre-trial claim

In resolving any issue, the first step of the parties must necessarily be an attempt to peacefully resolve the conflict. It can be expressed in a pre-trial or claim letter. Such an appeal is made to the enterprise by a person who is not being paid a salary without an employment contract.

What should be included in the text of the claim? Please include the following information in your application :

Place of work, date of employment and position.
The amount of unpaid wages owed, as well as the period of delay.
Demands for repayment of wage debts.
Further actions of the applicant if the claim remains unanswered.

You need to write an appeal to the head of the enterprise in two copies: one will be given to the employer, and the second will remain in the hands of the applicant. Remember that you must respond to a complaint from an employee regarding delay or non-payment of wages within 10 business days from the date of receipt of the complaint.

When sending an application by mail, the response period will begin to count from the date of receipt of the letter.

In your complaint to the employer, be sure to indicate the legal norms of the Labor Code of the Russian Federation that were violated by him. For example, according to Article 22 of the Labor Code of the Russian Federation, an enterprise is obliged to pay wages on time and in full.

Judgment deadlines

The court decision must be executed no later than 1 month. If this period has expired and the employee has still not received the amounts due to him, the writ of execution can be handed over to the bailiffs. Next, in the course of enforcement proceedings, information about the company’s accounts will be requested from the tax authority, and they will be seized. The arrest will last until the debt is repaid by the court decision.

If the employee knows in which bank the debtor has an account, he can submit the writ of execution directly there. Then the credit institution will transfer the amount within 3 days from the moment it appears in the account. If such information is unknown, or the debtor has several accounts in different banks, it is better not to risk it and transfer the case to bailiffs.

Where can I go?

After receiving a claim about unpaid wages from an employee, the employer is obliged to respond to it and take action to resolve the conflict situation. However, not all managers respond to employee complaints, much less fulfill their demands. If a response has not been received or the applicant is not satisfied with it, the applicant should send a letter to the regulatory authorities.

The first authority that can help if wages are not paid without an employment contract is the labor inspectorate . There are branches in every city: you can contact a department employee directly or write an electronic complaint on the inspection website. But what if you don’t have an employment contract?

Expert opinion

Novikov Oleg Tarasovich

Legal consultant with 7 years of experience. Specializes in criminal law. Member of the Bar Association.

This means that even an unofficial employee has the opportunity to file a complaint about unpaid wages, providing government agencies with evidence of the actual performance of their duties. For example, the following can prove the fact of employment :

This is important to know: Additional agreement to the employment contract: sample 2020

Pay slips, accounting extracts, letters from the company to the employee.
Working documents containing the employee’s details (invoices, invoices, statements).
Response to a previously filed claim for unpaid wages.

If none of the specified papers is available, then witnesses can prove the fact of work activity: the employee can attract two people who can confirm that the employee was indeed unofficially employed.

In the same way you can contact the prosecutor's office if the labor inspectorate could not find violations on the part of the employer. By the way, this government agency is more effective, since law enforcement agencies have more powers. The application to the prosecutor's office is also submitted along with documents proving the fact of employment.

Didn't get paid for work without a contract, what should I do?

Good day, I have a situation where I was not paid for my work. I completed it on time and it was received and approved but not paid within the promised time frame. There is no agreement, there is only an agreement in correspondence on social networks. In fact, they haven’t paid me a small amount for about a month now, justifying it with one reason or another and constantly pushing back the deadlines. Which leads to 2 questions:

1. What can I do in this situation to get my payment? (does correspondence on a social network have any power), i.e. Can I sue or do anything else? Will the truth be on my side?

2. Can I publish this correspondence? I told the employer who does not pay that if he does not pay, then I will publish our work correspondence with your promises. To which he said that according to Article 137 of the Criminal Code of the Russian Federation I cannot do this. Can I really do this with impunity?

January 26, 2020, 18:44 Tamara, Novosibirsk

What to do if nothing helps?

Supervisory agencies are required to act on a complaint received from an employee within one month. As a rule, an audit will be carried out at a company that does not pay wages. After this, the employer will receive an order to eliminate violations, as well as a fine.

But a complaint to the labor inspectorate or prosecutor’s office does not always bring the expected result: the employer may simply not comply with the order or declare that the employee who filed the complaint has never worked for him. What to do in this case?

Filing a lawsuit against an employer

Both the employee himself and the regulatory authorities can initiate an appeal to the court if their actions were ignored by the employer. The statement of claim is filed at the place of registration of the applicant or at the location of the employer.

You can prove unofficial employment in court in the same way as when contacting the prosecutor's office or the labor inspectorate. All documents must be certified and attached to the statement of claim. How to go to court :

We draw up a claim in which you need to indicate in detail the place and date of start of work, position, salary amount and the amount of debt for unpaid wages.
We prepare an evidence base about employment and the procedure for paying wages. The claim must also provide an example of calculations and the amount of debt.
Then the claim and all documents must be submitted to the court: personally to a government agency employee, by mail, or through an official representative.

The described actions are an approximate plan of exactly how to file a lawsuit against an employer who does not pay wages to an employee who does not have an employment contract. also invite two witnesses , who will confirm that the applicant was actually employed.

Such cases are considered in court within several months. As a rule, the decision will be in favor of the plaintiff: the employer will be obliged to repay the debt for unpaid wages, as well as a fine.

Consequences

Working informally has both disadvantages and advantages that are worth considering. What negative consequences can work without an employment contract have for an employee of an organization:

The employer does not accrue payments required by labor legislation, including temporary disability benefits and sick leave.
An employee who worked unofficially is not paid maternity benefits and child benefits up to 1.5 years.
An unregistered employee may be left without bonuses, additional payments, or allowances.
There is no officially prescribed vacation, and employees without an employment contract are not paid vacation pay.
The employer may not increase the wage rate for night shifts, weekends and holidays.
With unofficial registration, the boss pays wages at his own discretion: he can delay it or leave the employee without the money he earned.
No entry is made in the employee’s work book, as a result of which he loses his seniority.
Salary and length of service in this job will not be taken into account when calculating your pension.
If you receive an injury of any severity at the workplace, the employer may not pay financial compensation.
An employer may dismiss an informally employed employee without giving reasons at any time.
Most employers do not pay the promised amount without an employment contract.
The head of an organization can fire an employee without pay or severance pay.

Without concluding an employment contract, the employer and employee are both liable before the law. The first violates labor laws, and the second does not pay income tax. The positive aspects of informal employment include the following facts:

Without an agreement, alimony, fines and other penalties cannot be collected from an employee’s income by court order.
An employee who is employed informally has no legal responsibility to his employer.
An unregistered citizen is often satisfied with a salary that is higher than the salary for an official position due to non-payment of 13% taxes.
If necessary, the employer will not sue an unofficial employee to prove financial liability to the organization.

Based on the above arguments, informal employment has more disadvantages than advantages. Therefore, when getting a new job, you should take into account every nuance, including not forgetting about the possible consequences of unofficial employment.

Credit

Currently, most Russian banks are loyal to persons who are not officially registered at work, as well as to citizens who work in an organization under an employment contract, but have a small official salary. For categories of persons who cannot submit a personal income tax certificate 2 to a banking institution, various loan programs have been developed.

Basically, bank representatives offer informal working clients small loans with a high lending rate. The borrower's solvency can be evidenced by the presence of real estate, a vehicle, statements of deposits in bank accounts and a positive credit history. In this case, the bank reduces the risk of loan non-repayment.

What to do if the employer does not pay wages and there is no contract

Expert opinion

Novikov Oleg Tarasovich

Legal consultant with 7 years of experience. Specializes in criminal law. Member of the Bar Association.

Now there is active propaganda of the need to choose an organization with “white” wages. However, there are still employers who refuse employees partial registration, when the salary is divided into the official and managerial part.

Also, a significant part of people agree to receive their salaries completely unofficially and remain socially unprotected. Sometimes employees are faced with a situation of non-payment of monetary remuneration and the question arises: what to do. Let's try to figure it out and, if possible, give advice.

About informal employment and its consequences

In a normal situation, the organization receiving the employee enters into an employment contract with him (Article 67 of the Labor Code of the Russian Federation), which specifies the position, work schedule, and the employee’s right to leave. In addition, when an employee is faced with the fact that his salary has not been paid, he can rightfully turn to the help of the labor inspectorate or the prosecutor's office.

When an employee is hired unofficially, this actually means that no contract is signed with him, no hiring order is issued, and there are no deductions for the tax and pension fund. An entry in the work book is also not made, as a result of which the employee loses his seniority. If you don't receive money, the question arises: where to go?

In addition to non-payment of due wages upon dismissal, the employee faces the following negative consequences:

such an employee is forced to be sick at his own expense;
maternity leave for unemployed employees is not paid, and their job after maternity leave will also be lost;
length of service, as mentioned above, will not be taken into account when determining the size of the pension;
an injury at work will not be the basis for an employee to receive monetary compensation;

Positive aspects of informal employment:

an employee without employment is free from taxes and alimony;
there is no legal liability to the employer;
financial liability to the organization is difficult to prove (an employer is unlikely to sue an unofficial employee);
unofficial remuneration often exceeds the average market offer.

Signing an employment contract is the responsibility of the organization’s management.

If a violation of labor legislation is detected, the employer may be fined and its activities suspended (Article 5.27 of the Administrative Code).

In addition, for such a violation, the manager faces criminal liability (Article 199.1 of the Criminal Code of the Russian Federation) - imprisonment for up to two years.

How to make an application to government agencies

Legal norms do not contain an exact sample of a complaint in such cases. However, taking into account the general rules of business correspondence with official authorities, the document should be drawn up like this.

In the initial part you need to indicate the details of the addressee and the applicant himself. The government body must be named as indicated in its registration documents. For example, “State Labor Inspectorate of Krasnodar”.

Responsibility for the absence of an employment contract.

The personal data of the applicant himself is indicated as completely as possible. You need to enter your full name, residential address, contact phone number and, if appropriate, email address. It is necessary to indicate here whose actions are being appealed, that is, write down the information of the employer. The name of the organization must correspond to its documents. You will also need information about the legal address of the company or individual entrepreneur.

Anonymous requests will not be considered. This rule is provided by law.

Main part

The complainant needs to state here exactly what happened. You need to write in sufficient detail, but avoid unnecessary descriptions.

Important! All the circumstances of non-payment of wages are set out, namely:

the date from which the citizen began to perform his duties, and the reason for the absence of an agreement,
position held,
calculations made during work and data on the last payment,
procedure for payment of amounts,
number of days overdue payment at the time of filing the complaint,
the total amount of wages due to the employee. If part of the amount has been paid, you must indicate the remaining amount,
description of the employer’s actions after the employee’s written request.

Final part

In conclusion, the applicant should formulate his request to the authorized body.

It may include the following items:

oblige the organization to immediately pay the due amount of wages and additionally pay a penalty for its delay. The calculation is made based on the application of the share of the refinancing rate to the unpaid amount, depending on the days of delay. The Labor Inspectorate formalizes this requirement with a special order, which is mandatory for the employer to comply with,
impose an administrative penalty on the offender in accordance with Art. 5.27 Code of Administrative Offenses of the Russian Federation,
if signs of an intentional crime are found in the activities of management, bring the perpetrators to criminal liability (Article 145.1 of the Criminal Code of the Russian Federation). The labor inspectorate does not have the right to do this, but the inspector transfers the collected documents to law enforcement agencies to make an appropriate decision.

When setting out the circumstances of the violation of rights, it is recommended to refer to the provisions of the law. Thus, it is better to motivate your demands for payment of compensation by reference to Art. 236 of the Labor Code of the Russian Federation, which provides for appropriate measures of financial liability.

An appeal to a government agency must be signed and dated.

What can you do if you fail to pay?

A lot of forums, if you search, are full of questions: “I work without a work book, I decided to leave, they haven’t paid me the money, what can I do?” Or these may be questions related to the fact that they do not pay money and are asked to wait.

You may receive a recommendation to forget about restoring justice, since the fact of employment lacks documentary evidence.

However, based on Art. 67 of the Labor Code of the Russian Federation, labor relations are recognized as formalized when the employee begins to perform labor functions with the knowledge of the head of the organization.

The answer to the question of where to go if wages are not paid without an employment contract can be answered: to the labor inspectorate and the prosecutor's office. Of course, this will require more strength and patience from you than if the employment relationship were secured by a contract. When a person worked unofficially, it is necessary to prove his actual cooperation with this employer.

By showing persistence, you can achieve a prosecutorial inspection and a labor inspector visit to the employer. Then the manager will be held accountable and obligated to pay everything due to the employee.

This is important to know: Retrenchment under a fixed-term employment contract

When it comes to massive non-payments, it makes sense to complain as a whole team by submitting a jointly drawn up statement.

How to collect evidence?

Anyone working informally needs to understand that he is obviously taking a risk by agreeing to accept such cooperation. However, it is possible to receive wages from an unscrupulous employer.

This will, of course, require witnesses who will confirm that the person worked daily at such and such an address. For proof, clients of the organization who interacted with those who were not paid their salaries can be brought in.

Documentation can be very important evidence. An employee working without an employment contract will need to painstakingly collect all available documents that bear his signature. If there is written evidence, the inspection authorities will be required to accept the complaint. The presence of a person’s signature as a representative of the organization is strong evidence of his actual work in the organization.

It would be ideal if in some documents you find how much your earnings are - in this case it will be easy to establish what the amount of unpaid funds is.

So, we can conclude: if an unemployed employee has not been paid money, then there are ways to restore justice, but it will be more difficult to collect the evidence base.

I work unofficially and haven’t been paid, what should I do?

Many informal workers are faced with the fact that the employer refuses to pay the employee a salary for the work done.

What can you do if you find yourself in this situation?

Article 67 of the Labor Code of the Russian Federation states that an unformed contract is considered concluded if the employee, with the knowledge of the employer, begins to perform the work assigned to him.

You can protect your rights by filing a corresponding complaint with the labor inspectorate or the prosecutor's office. Get ready for the fact that since there was no employment contract between you and the employer, first of all you will need to prove the fact of working in this organization.

Upon receiving a complaint that the employment relationship with you has not been formalized and wages have not been paid, inspections will be carried out, as a result of which the employer may be subject to liability established by law. You also have the right to recover wages from your employer by going to court.

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Didn't pay salary without agreement where to go

In the labor market, it is customary to distinguish between “white”, “gray” and, finally, “black” wages. The specific type of income depends on the degree of legality of the process.

“White salary” is the official income of an employee, from which taxes, social contributions and other payments provided for by labor legislation are deducted. The work takes place on the basis of a legitimate employment contract.

“Gray salary” also implies drawing up an agreement, but the employer hides the real amount of the subordinate’s income (it is negotiated orally). This is done to save on taxes.

At the same time, “black wages” are paid without formalizing the employment relationship. Money is given to workers directly in their hands (usually in an envelope).

Working without an employment contract

Working without the appropriate documents means deliberately limiting your rights. The employer, due to the lack of restrictions and prescribed job responsibilities to subordinates, can assign irregular working days, fail to comply with labor and tax laws, and violate social norms.

Due to the lack of employment records, the hired worker will not be able to take out a loan if necessary. “Black” earnings are not taken into account in banks, since credit operations require a “white” salary.

Unofficial work also carries the risk of dismissal on any day without warning or explanation, as well as the risk of non-payment of wages. The employer also has the right not to pay the social package and not to provide the required paid leave.

What to do if the employer does not pay wages and there is no contract?

But, before contacting the tax authority, the employee must take into account that by agreeing to work unofficially, he himself is breaking the law and evading taxes - and therefore he can also be held accountable. In order to avoid penalties, the employee can pay the taxes due on his own. Amount of wages The most difficult thing to prove in unofficial employment is not the very fact of the existence of an employment relationship between the parties, but the level of wages - after all, unofficial wages are mainly issued in an envelope.

In this case, the employee will need to provide receipts or other documents that can confirm the level of wages. In the absence of such evidence, even having established the fact of an employment relationship, collecting the debt from the employer will be very difficult, but, most often, impossible.

How it works: Payroll and other evidence of employment relationship

There are several strategies on how to achieve payment of wages during informal employment. Supervisory authorities are brought in as leverage on the employer, and particularly principled employees end up in court. But government agencies will not take the employee’s word for it—to win over the bosses, they will have to prove the fact of an employment relationship and the amount of regularly received income.

The chances of success in receiving a “gray” salary will be much higher if the employee presents a body of evidence, including:

copies of orders, instructions, statements of the employer indicating the name of the employee;
job descriptions;
notarized electronic correspondence with the employer;
cash orders, invoices, route sheets;
envelopes with the employee’s name and salary;
witness's testimonies.

There is a more cunning way to get your salary back if you worked unofficially. Employees may use materials from other legal proceedings against the employer. For example, the Resolution of the Federal Antimonopoly Service of the North Caucasus District in case No. A53-3905/2011 established that the Federal Tax Service seized “unofficial” salary slips from the employer and on this basis asks to recalculate the personal income tax not transferred by the tax agent. The materials of the same case can form an evidence base for workers who did not receive the promised salary “in an envelope.”

The totality of such evidence will be useful to the employee at all stages of his struggle with the employer, starting from filing a complaint and ending with the trial.

Responsibility of the parties

If an employee works illegally, then disciplinary measures are provided for both parties. Income tax will have to be paid by the employee, while it is he, and not the employer, who acts as the taxpayer. Of course, without contributions to the Pension Fund, during unofficial employment, the employee will also not be accrued length of service.

It is enough to familiarize yourself with Federal Law No. 212 to understand that it is simply profitable for employers to engage in shadow business, since even if exposed, they will have to repay only 30-50% of the unpaid amounts, while law-abiding managers must pay their dues in full. Of course, if a person does not pay taxes on a regular basis, then after legal proceedings the manager may face criminal penalties.

The employer does not pay wages, they worked without a contract

Comments Question: Good afternoon! Please help me! I worked in a cafe, but I did not work officially, that is, without an employment contract. When I applied for my hard-earned wages, I was refused. Tell me, please, what to do if they don’t pay wages and there is no contract? The employer refuses outright!

Where can I go? Thank you! Answer: Good afternoon, V.! In your case, if there is no employment contract (or civil contract), you need to provide other evidence that you worked in this cafe (witnesses, your signature in the employer’s documents), and refer to Part 1 of Article 61 Labor Code of the Russian Federation, according to which the employment contract will not need to be submitted to the court or other body, since in such cases it comes into force from the moment you are actually admitted to work with the knowledge or on behalf of the employer or his representative.

What threatens an employer for unofficial employment?

The absence of an employment contract is a legal violation that may result in both administrative and criminal penalties.

Note!

If an employer refuses to enter into an employment contract with employees, he may be required under Article 199 of the Criminal Code of the Russian Federation to pay a fine of 100 to 300 thousand rubles, or be subject to arrest for up to 6 months or imprisonment for up to 2 years.

According to Art. 5.27 of the Code of Administrative Offenses of the Russian Federation, a fine is also imposed on the employer. Paragraph 4 of the article states that “evasion from drawing up an employment contract entails a fine of up to 20 thousand rubles for officials, up to 10 thousand rubles for entrepreneurs, and up to 100 thousand rubles for legal entities.

Where to go for help

Expert opinion

Novikov Oleg Tarasovich

Legal consultant with 7 years of experience. Specializes in criminal law. Member of the Bar Association.

If at work they do not pay menial wages, while a person works unofficially, then you need, first of all, to complain about the very fact of the absence of an employment contract, and then about the fact of non-payment of wages.

Concluding an employment contract is the responsibility of the employer.

According to labor law, this document must be drawn up in writing and reflect all the conditions of the employment relationship.

If the contract is not drawn up in writing, it is considered concluded from the moment the employee returns to work or is allowed to perform official duties.

This norm is enshrined in Art. 67 Labor Code of the Russian Federation.

This is important to know: Guarantees and compensation upon termination of an employment contract

The employment contract must be drawn up within three days from the date the employee actually starts work. If this does not happen, the employer’s actions can be appealed to the state labor inspectorate or the prosecutor’s office.

Responsibility for the employer in case of delay in payment.

The very fact of the absence of an employment contract entails administrative liability:

In case of repeated violation, the sanctions become more severe. In addition, the appeal must indicate the fact of delayed wages, the amount of debt and provide evidence of the existence of an employment relationship and the amount of the assigned salary.

If wages are not paid for two months (in case of complete non-payment) or three months (in case of partial non-payment), it is possible to contact law enforcement agencies with a statement to initiate a criminal case.

Sometimes a surprise audit reveals multiple violations, and evidence is discovered during these audits. It could be:

black accounting;
availability of statements according to which actual wages were issued “in envelopes”;
explanations from other employees and responsible persons.

Contacting regulatory and inspection authorities is a good move, but there is no need to limit yourself to them. No one is immune from carrying out a formal inspection and receiving a written statement based on its results.

The employer may also hide the offenses very carefully, and it will simply not be possible to find evidence. In this case, you should go further and contact the judicial authorities.

If the salary paid in black money is delayed or not paid at all, you should not skip the labor inspection; first of all, you need to contact the State Labor Inspectorate.

Before going to court, it is advisable to have a response from this body available. It is better to duplicate your actions to protect rights by independently collecting evidence.

Let's summarize. It is possible to punish an employer for non-payment of wages even if the employment is unofficial.

What to do if a combination of the following factors is present: lack of an employment contract and official employment, non-payment of unpaid wages:

Submit an application to the labor inspectorate stating that you are not officially satisfied with the job, that your salary is paid “in envelopes”, and that, moreover, delays are allowed.
If the response from the State Tax Inspectorate is unsatisfactory, file a claim in court.
In parallel with these actions, collect evidence that labor relations exist.

The burden of proof regarding the payment of wages generally lies with the employer. If the fact of an employment relationship is established, the defendant must provide payment documents signed by the plaintiff.

Expert opinion

Novikov Oleg Tarasovich

Legal consultant with 7 years of experience. Specializes in criminal law. Member of the Bar Association.

There is no exact list of evidence on which the court will have to make a decision. The following rule applies: the more massive the evidence base, the better.

In judicial practice, decisions were made based on:

witness statements;
collected documents;
audio-video recordings;
information from open sources;

Let's take a closer look at each possibility.

If, after dismissal, an employee is not paid “black wages,” he can contact the following authorities:

the prosecutor's office;
tax office;
State Labor Inspectorate;
local police department.

How to collect wages if you worked unofficially for 2 months?

Hello, I got a job as a salesperson in a store, the job is unofficial, but the chain of stores is quite well-known. They unofficially arranged for everyone, all they took after a five-day internship was a photocopy of the passport. It turned out that for family reasons I had to quit, there was no one to leave the child with. I was told work as you wish, they have no one to work with, they sent three people on vacation at the same time.

but I left there. My colleagues called me and said that they wouldn’t give me my salary, I might forget it and that they would delete all the schedules where I was listed. And someone would sign the payroll for me or they would just change it. What should I do in this situation, how to get my salary ?and plus one day I looked at the payroll, and there was a “dead soul” listed there, the person receives a salary, but no one has ever seen him, perhaps such a thing does not even exist.

Nadezhda, Kursk

Worked unofficially, salary was not paid, what should I do?

I got a job unofficially, lived and worked there for 5 days, and went home 100 km away on weekends, worked for two months! Due to an attack of an ulcer, I had to leave the construction site, I only received my salary for the first month, not in full, and they promised to transfer the advance payment for the second month, but they don’t even answer calls... The office is located in Novosibirsk, but the site is in Pavlovsk (Alt. region). There probably isn’t even any information in the OFFICE and you won’t get the truth...

Igor, Mr.

Worked unofficially, salary was not paid, what should I do?

552 lawyers are now on the site

Can a person obtain payment of wages through the court if he worked without a work permit and without a contract? But he has witnesses who will confirm that he worked there.

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Answers from lawyers (8)

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expert

Good afternoon. Yes it is possible. although not always easy:

Labor Code of the Russian Federation
Article 16. Grounds for the emergence of labor relations
.
Labor relations between an employee and an employer also arise on the basis of the employee’s actual admission to work with the knowledge or on behalf of the employer or his representative in the case where the employment contract was not properly drawn up.

Hello, Alexey.

Yes maybe. According to the Labor Code of the Russian Federation, a person is considered to be hired from the moment he actually begins to perform his duties. The employer is obliged to conclude an employment contract within 3 days from the date of resignation.

Take witnesses and go to court.

Regards, Oleg.

Dear Alexey! There are chances.

According to Article 67 of the Labor Code of the Russian Federation, an employment contract that is not drawn up in writing is considered concluded if the employee began work with the knowledge or on behalf of the employer or his authorized representative.

When an employee is actually admitted to work, the employer is obliged to draw up an employment contract with him in writing no later than three working days from the date of the employee’s actual admission to work, and if relations related to the use of personal labor arose on the basis of a civil law contract, but were subsequently recognized as labor relations - no later than three working days from the date of recognition of these relations as labor relations, unless otherwise established by the court.

You will need to prove that you were actually allowed to work, despite the lack of a contract.

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An employment contract that is not formalized in writing is considered concluded if the employee began work with the knowledge or on behalf of the employer or his authorized representative. When an employee is actually admitted to work, the employer is obliged to draw up an employment contract with him in writing no later than three working days from the date the employee is actually admitted to work...

In this case, it was the employer’s responsibility to conclude an agreement, which he did not fulfill, violating your rights. This gives you the opportunity to assert your rights in court.

Good luck to you!

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Hello, Alexey!

According to Article 67 of the Labor Code of the Russian Federation, an employment contract that is not formalized in writing is considered concluded if the employee began work with the knowledge or on behalf of the employer or his authorized representative.

According to Article 67.

1 of the Labor Code of the Russian Federation If an individual was actually allowed to work by an employee not authorized by the employer, and the employer or his authorized representative refuses to recognize the relationship that arose between the person actually allowed to work and this employer as an employment relationship (conclude with the person , actually admitted to work, employment contract), the employer in whose interests the work was performed is obliged to pay such an individual for the time actually worked (work performed).

Thus, you need to go to court to establish an actual labor relationship and demand payment of your salary. In addition, you can contact the police or prosecutor's office regarding this fact.

But first you should contact the labor inspectorate. Often such treatment is sufficient and the employer pays everything due.

Good luck!

Yes, you can go to court. . The claim that you need to file in court is called “On establishing the fact of labor relations and collecting wages.”

Witnesses are good. It is also desirable that they also worked in this organization during the period when the person in question worked there, and they would have documents confirming the fact of working in this organization.

Any documentary evidence regarding wages will also be suitable. However, in the absence of such, witness testimony will also do. In addition, the court may make a request about the amount of wages for the relevant position (staffing table, employment contracts, statements).

The exact amount of wages in the absence of a work book cannot be restored, however, the court may establish a salary range for the position held, from which appropriate conclusions will be drawn.

Sincerely.

Hello! Yes you can! The Labor Code allows this. You will need to go to court to demand payment of wages from your employer. In court, you will need to provide evidence of the actual conclusion of the employment contract: 1. an agreement has been reached between you and the employer on the place of work, wages, job responsibilities, etc.

, the date of your actual start of work, period of work, position.

Also send a complaint to the prosecutor's office and the labor inspector of your city about the unlawful actions of the employer - the lack of written documentation of your appointment: issuing an order, concluding an employment contract and non-payment of wages. For delay or non-payment of wages, criminal proceedings may be initiated against the employer. Good luck.

Hello! Yes, it is possible. But first, I would advise you to contact the labor inspectorate and the prosecutor's office, they will conduct an inspection (especially since you have witnesses), and then with these results - to the court.

Good luck!

How to get money if you worked without an employment contract

Financial liability of the employer for delay in payment of wages and other payments due to the employee If the employer violates the established deadline for payment of wages, vacation pay, dismissal payments and (or) other payments due to the employee, the employer is obliged to pay them with interest (monetary compensation ) in an amount of not less than one three hundredth of the refinancing rate of the Central Bank of the Russian Federation in force at that time from amounts not paid on time for each day of delay starting from the next day after the established payment deadline up to and including the day of actual settlement.

If an agreement cannot be reached, then the Employee can submit Applications (2 copies each) to the State Labor Inspectorate, the Federal Tax Service Inspectorate (tax), the Prosecutor's Office, but it is better to go straight to the District Court (not subject to state duty) with a Statement of Claim (3 copies), from The Prosecutor's Office and the State Labor Inspectorate are usually of little use.

For information: Article 16 of the Labor Code of the Russian Federation. Grounds for the emergence of labor relations Labor relations arise between an employee and an employer on the basis of an employment contract concluded by them in accordance with this Code.

How to write a statement of claim

statement of claim to establish the fact of labor relations free of charge in word format

The absence of a formalized employment contract is often perceived by the employer as a reason to withhold wages.

If nothing can be done peacefully, you will have to resort to legal proceedings. You need to contact the district court corresponding to the location of the employer.

If an organization has branches with different addresses, the claim is filed in court at the location of the parent organization.

Note! The statement of claim must include the following information:

name of the court,
information about the plaintiff and defendant,
the cost of the claim - the amount of wages that remained unpaid,
statement of the circumstances of employment (date, position, salary) and calculation of debt,
circumstances of attempts made to resolve the dispute peacefully.

It is important to know: the price of the claim declared by the employee may also include compensation calculated in accordance with Art. 236 of the Labor Code of the Russian Federation in the amount of 1/300 of the refinancing rate per day. It is also possible to add compensation for moral damage here.

Claims in this category do not require payment of a state fee (Article 333.36 of the Tax Code of the Russian Federation).

Timeframe for making a decision

Try to reach an agreement with the employer, ask what to do to pay wages, threaten to sue.
Insist on official employment, the registration of which will be carried out in accordance with the provisions of the Labor Code of the Russian Federation. During a conversation, you are allowed to use a voice recorder in order to later provide the audio recording as one of the evidence in court.
Proceed to contact the supervisory authorities.

The court has a maximum of 1 calendar month to make a decision. If it is confirmed that the enterprise is unofficially conducting double accounting, a request is submitted to the Federal Service of Russia to block the debtor's accounts until wages are paid.

An executive document that was received on the basis of a court decision can be taken to a financial organization if the bank where the manager’s account was opened is known. If the required amount of funds is available, their transfer takes place within three days.