Labor inspection in Yoshkar-Ola (Republic of Mari El). Vacancies in the State Labor Inspectorate in RME Labor Inspectorate Mari El
Labour Inspectorate in Yoshkar-Ola (Republic of Mari El) checks all requests received from employees, orders the necessary inspections, takes measures to suppress detected violations of Labor Legislation and restore the rights of the employee. Based on the results of the inspection, inspection employees have the right to demand that the employing company urgently eliminate violations, impose administrative or other liability, or send inspection materials law enforcement agencies to initiate a criminal case.
To reveal facts of non-compliance with labor protection legislation when inspecting an employer, the labor inspectorate analyzes the organization’s documentation. When conducting an inspection, the employer, at the insistence of the inspectors conducting the inspection, is obliged to hand over to them work books, agreements on financial liability, salary statements, employment contracts, other documents.
If you do not have experience communicating with the labor inspectorate, and you cannot make a complaint, you will be helped out by a detailed consultation with a labor lawyer, available to all online visitors of the Internet resource. A consulting lawyer will help: draw up a notice of non-payment of wages; write an appeal to the labor inspectorate in case of illegal dismissal; draw up other statements, appeals, complaints to the labor inspectorate.
website/trudovaya-inspekciya/Joshkar-Ola/
11/29/2019 - Kirill Telkin
Hello. I didn’t officially work for an individual entrepreneur. I didn’t sign any agreements on full financial responsibility. The individual entrepreneur wants to pin the shortfall on me. What should I do?
10/25/2019 - Marina Sukhanova
If the Administration “survived” an employee from his place of work in ways - a direct offer to resign, layoffs (they couldn’t draw up documents correctly), conflicts, showdowns at a general meeting of the team, etc., denunciations that were not confirmed by anything after an inspection. The man wrote his letter of resignation on Friday evening, and on Monday morning they began taking inventory of him. They didn’t pay the settlement because this person didn’t agree with it (they didn’t take a lot of things into account). As a result, he was kicked out of the service apartment and was not given the opportunity to properly pack his things. They did this by checking the personal belongings of the chief accountant and the supply manager, without any documents. Where did they violate the rights of the person who quit? And where can I go?
The question was answered over the phone.
10/14/2019 - Egor Fomkin
Good afternoon I wrote a letter of resignation and suddenly found out that they didn’t want to pay me a bonus for sales in previous months (the organization has a delay in paying bonuses of about 3 months). Does it make sense to contact the labor inspectorate with a complaint?
07/11/2019 - Alexander Tanich
Good afternoon. From June 29 to July 12 I am on annual paid leave. From July 9, tentatively, to July 12, I am on sick leave. In this regard, I want to extend my vacation. I must write an application for an extension of leave on the day the sick leave ends, or I can write it on the day I go back to work.
The question was answered over the phone.
05.28.2019 - Stanislav Yakobson
Hello! Can I be transferred to a lower position during my sick leave or vacation without my consent?
The question was answered over the phone.
04/04/2019 - Yaroslav Metelov
Hello. I am on maternity leave to care for a child. A permanent employee has returned to work, and they ask me to write a letter of resignation at the end of the contract. My child is not 1.5 years old. Do they have the right to fire me?
The question was answered over the phone.
04/03/2019 - Anatoly Krasnopoyas
Hello, where can I restore it? work book if the organization is closed
The question was answered over the phone.
03/20/2019 - Zinaida Denisova
Hello. I am the mother of a disabled child, I am forced to write an application for demotion, the same responsibilities, the salary is less. They constantly pester me, my nerves are already getting worse, I don’t know how to deal with them. The higher authorities ignore my requests, saying that I myself am complicating everything. And I’m just taking advantage of legal benefits. They don't let me go on vacation. First a demotion, then a vacation.
The question was answered over the phone.
03/19/2019 - Vera Anisimova
Hello! How long does it take you to answer a question?
The question was answered over the phone.
03/07/2019 - Yuri Petryaevsky
I was fired on November 30, 2018. on staff reductions. When should the legal recipient organization pay? average earnings for temporary employment. Last month I wrote a statement. The salary payment day in the organization is the 10th.
The question was answered over the phone.
02/22/2019 - Veronica Bobrova
Good afternoon I'm nearing the end probation and then the former employee decided to return to my place and the employer accepts her. Is this legal? I am the mother of two children under 14 years old and they say that there are no complaints against me.
01/26/2019 - Artur Kochubeev
Hello. I work in a private kindergarten a friend asked her to replace her temporarily and the salary was delayed for 2.5 months until I worked my last and left work, now I’m wondering if I’ll get my money because the manager has all the problems and doesn’t give out the salary.
The question was answered over the phone.
04/13/2018 - Alina Vinogradova
good afternoon, I’m on maternity leave, and I don’t get paid for children until I’m one and a half years old, I call and come to work, everyone promises that the money will be transferred, the debt is 14 thousand
01/20/2018 - Lyudmila Panina
Hello. please tell me, for budgetary organizations what payments are included in the minimum wage, which should be paid in addition to the minimum wage?
The question was answered over the phone.
01/19/2018 - Dmitry Tishin
Hello Olga! Our team was not officially employed when hired and their salaries were delayed for 3 months: 19:00 - 21:00
The question was answered over the phone.
01/16/2018 - Evgenia Nikitina
Good afternoon. I was fired from my job without my knowledge and on what grounds I don’t know. They told me that they sent me a notice that I did not receive. What to do in this situation?
The question was answered over the phone.
01/16/2018 - Victor Polikhrontiev
Medical checkup employees. Do I have the right to refuse medical examination? inspection? If, based on the results of a medical examination, I am not fit for health, can I be fired? Can I write a letter in order not to be fired and confirm that I understand all the risks and am ready to continue working? : 15:00 - 17:00
10/26/2017 - Leonid Poluvetrov
If an employer falsifies a medical examination in an employee’s health record, what will happen to him for this? So what should I do?
The question was answered over the phone.
10/06/2017 - Vladimir Vanyushechkin
Hello, who is the state labor inspector for Yoshkar-Ola?
09/24/2017 - Fedor Chernoshey
I work at FKUZ MSCh-12 of the Federal Penitentiary Service of Russia as a pre-trial detention center paramedic. My salary is 5710 rubles. ,hasn't increased since 2014. And now they tell us that there will be no increase. Why don't we treat healthcare? After all, their salary is increased 2 times a year
09/13/2017 - Vladislav Nemakin
Hello!! My name is, I currently work at the Lenta company. I am currently on sick leave. They are simply committing chaos on the company’s junior employees and there is no one to protect us. I, like my colleagues, are just salesmen..... .....we need protection, can I come for a consultation? Most likely, in addition to the consultation, we need a lawyer.
The question was answered over the phone.
09.09.2017 - Denis Feofilaktov
The question was answered over the phone.
09/04/2017 - Alina Davydova
She officially worked in the store. In addition, the employer exceeded his authority. In the middle of the month he suddenly decided to change his work schedule. After that, half of the employees' working days became 6-8 days in a row. And the rest have 4 days off. All employees work informally and without a contract. Except me. Since I worked at the cash register, the name on the cash register was mine. When I informed my employer about my dismissal, he began to raise his voice at me and say that he would not pay me a penny. Which is what he did. The application was written on August 3, 2017. I quit on August 17, 2017. And after my dismissal, my name still appears at the checkout. What should I do to receive my salary for the days worked? And so that in the future my name does not appear in this organization in any way?
The question was answered over the phone.
07/11/2017 - Egor Danov
I got a job in March 2014, In November 2014 I was granted leave for 14 days, Then I took a rest in March and October 2015, and in April and June 2016 for 14 days each, In May 2017 the leave was 7 days, Do I have the right to take the remaining 21 days in July 2017? The HR department says that at the moment I can only rest for 7 days.
The question was answered over the phone.
07/11/2017 - Yakov Shumilkin
Does the artistic director of a cultural institution working part-time have the right to receive incentive bonuses for the intensity and high results of work at the end of the month?
06/23/2017 - Denis Nikonorov
Does the boss have the right to force him to work at 2 rates?
The question was answered over the phone.
06/21/2017 - Igor Pavlushkin
SON HAS NOT BEEN PAID FOR 4 MONTHS
06/15/2017 - Yulia Belousova
Subject of my question: Labor disputes (Protection of employee rights) right now.
06/15/2017 - Anastasia Komarova
I wrote a letter of resignation on June 2, 2017. I sent it to the office by mail, I work for 2 weeks, the last day is tomorrow, today they tell me that the director was not there and my application was registered on June 13. and I have to work from 13.06. who is right?
06/15/2017 - Ksenia Kudryavtseva
The employment contract (additional agreement) was drawn up for the period maternity leave, those are temporary, and the order for the transfer is a permanent type of transfer. The HR department says that they made a mistake with the order and recommend throwing it away and they will draw up a new one. Question: can this be, and in general, the order is more important or not?
06/05/2017 - Valery Roman
have not paid wages since November 2016. : 11:00 - 13:00
The question was answered over the phone.
06/01/2017 - Pavel Galichenin
The employer changes the work schedule without my consent and, despite the fact that I have a day off, declares that I have to work tomorrow because there is a new schedule - if I don’t go to work, then I will be fired for absenteeism. Is it legal and what should I do?
The question was answered over the phone.
05/20/2017 - Vera Sorokina
Hello! I worked for 5 years as a gluer at OOO2Kalina (panel doors). After the arrival of the new master, the displacement of old personnel began, the hiring of “ours and ours.” Under the pretext of defects in the manufacture of door parts (veneer detachment, choice of low-quality veneer), on April 17 I was transferred to auxiliary workers. Before that, I trained a newcomer, a protégé of the foreman, who replaced me. Lost 4-5 thousand in salary
The question was answered over the phone.
05/15/2017 - Alexander Savchenkov
Already asked, no answer
The question was answered over the phone.
05/04/2017 - Natalya Maksimova
Can your commission inspect enterprises on your own initiative without applying from below?
The question was answered over the phone.
02/27/2017 - Yana Bogdanova
I am the director of an LLC. On January 30, 2017, I wrote a letter of resignation to the sole founder due to at will. This application was registered in the HR department, the founder was notified. At the moment (02/26/2017) the application has not been signed, the founder refers to his employment, there is no time to sign. What to do?
The question was answered over the phone.
02/27/2017 - Liliya Danilova
I am the director of an LLC. On January 30, 2017, I wrote a letter of resignation of my own free will to the sole founder and registered it with the HR department. The founder has been notified, but the application has not yet been signed (02/26/2017), as the founder argues, he does not have time. What to do in such a situation?
The question was answered over the phone.
02/11/2017 - Veronika Antonova
Hello. Left workplace due to health reasons, the manager drew up an act of voluntary leaving the workplace. And in my arms sick leave. What to do next?
02.02.2017 - Vyacheslav Yarnev
Hello. A month has passed since the dismissal. Still haven't calculated it. They serve breakfast every day. How long does it take by law to issue a payment?
The question was answered over the phone.
01/26/2017 - Zhanna Tarasova
Hello, I work in production and worked as a mechanic technician, replacing others when they went on sick leave or on vacation. The chief mechanic came up and said that I was being transferred to operators, I said that I don’t want to, he said then get lost or write an application for transfer to operators. What threatens me if I refuse to write a transfer application? Can I be fired under the article?
What responsibility is provided for the employer if employees work without an employment contract and receive wages unofficially?
Labor relations arise between an employee and an employer on the basis of an employment contract concluded in accordance with the Labor Code of the Russian Federation (Article 16 of the Labor Code of the Russian Federation).
In addition to the obligation to draw up an employment contract (Part 2 of Article 67 of the Labor Code of the Russian Federation), the employer must perform a number of actions:
issue an order for employment (Article 68 of the Labor Code of the Russian Federation);
fill out a work book for an employee (Article 66 of the Labor Code of the Russian Federation);
conduct a preliminary medical examination when concluding an employment contract in cases provided for by labor legislation (Article 69 of the Labor Code of the Russian Federation);
conduct training on labor protection (part 2 of article 212 of the Labor Code of the Russian Federation);
perform other actions provided for by labor legislation.
When a citizen is unofficially employed, the employer does not perform all these actions.
Moreover, an employee who is employed unofficially is deprived of all those labor rights that the employer must provide him in the course of the employment relationship, for example, the right to annual paid leave, temporary disability benefits and maternity benefits, and others.
Failure to perform each of these actions is a separate administrative offense for which a separate punishment is provided (Article 4.4 of the Code of Administrative Offenses of the Russian Federation).
In accordance with Art. 5.27 of the Code of Administrative Offenses of the Russian Federation, violation of labor and labor protection legislation entails the imposition of an administrative fine on officials in the amount of 1,000 to 5,000 rubles; for persons carrying out entrepreneurial activities without education legal entity, – from 1000 to 5000 rubles. or administrative suspension of activities for up to 90 days; for legal entities – from 30,000 to 50,000 rubles. or administrative suspension of activities for up to 90 days. According to Part 2 of this article, the same violation committed by an official who was previously subjected to administrative punishment for a similar offense entails disqualification for a period of 1 to 3 years.
Let us note that if the employer is held liable under Art. 5.27 of the Code of Administrative Offenses of the Russian Federation, both the manager and the legal entity itself can be held liable at the same time (Part 3 of Article 2.1 of the Code of Administrative Offenses of the Russian Federation).
In case of application of disqualification provided for in Part 2 of Art. 5.27 of the Code of Administrative Offenses of the Russian Federation, it is necessary to take into account that a similar offense mentioned in this norm should be understood as the commission by an official of the same, and not any violation of labor and labor protection legislation (clause 17 of the resolution of the Plenum of the Supreme Court of the Russian Federation dated March 24, 2005 No. 5 “On some issues that arise for courts when applying the Code of the Russian Federation on Administrative Offences”, hereinafter referred to as Resolution of the Plenum of the Armed Forces of the Russian Federation No. 5).
In the event of an administrative offense expressed in the form of inaction, the period for bringing to administrative responsibility is calculated from the day following the last day of the period provided for the fulfillment of the corresponding obligation (clause 14 of Resolution of the Plenum of the Armed Forces of the Russian Federation No. 5).
The period for bringing to administrative responsibility for each offense is calculated separately depending on the time of its commission (the time of failure to fulfill one or another obligation of the employer).
Thus, if labor relations are not formalized, the employer is held accountable not just once - for failure to formalize labor relations, but several times - depending on the number of unfulfilled duties provided for by labor legislation and the time of their non-fulfillment.
Moreover, if the employment relationship is not registered, wages, which is the main component of the tax base for personal income tax (Articles 209, 210 of the Tax Code of the Russian Federation), as well as the basis for calculating mandatory insurance contributions (Article 8 Federal Law dated July 24, 2009 No. 212-FZ “On insurance premiums in Pension Fund Russian Federation, Social Insurance Fund of the Russian Federation, Federal Compulsory Medical Insurance Fund"), paid unofficially.
In this case, personal income tax and insurance premiums are not paid, for which the employer may also be held liable.
Firstly, the tax authority may require withholding personal income tax from employees receiving “black” wages, and may also impose a fine on the employer in the amount of 20% of the amount that should have been withheld from employees or paid to the budget (Article 123 of the Tax Code of the Russian Federation ).
Secondly, extra-budgetary funds may also require payment insurance premiums and impose a fine of 20% of the unpaid amount of contributions or 40% in case of intentional commission of this offense (Article 47 of Law No. 212-FZ).
Thirdly, Art. 199.1 of the Criminal Code of the Russian Federation provides for criminal liability for failure to fulfill the duties of a tax agent in personal interests on a large or especially large scale.
How dangerous is it for an employee to work without a properly executed written employment contract?
Today, the practice of working without formalizing labor relations between the employee and the employer has acquired great relevance. Under such conditions, the employee, as a rule, receives an “envelope” salary greater than in official employment, and the employer, thereby freeing himself from the obligation to pay mandatory payments, taxes, fees, including the payment of pension contributions and contributions to social insurance fund.
At first glance, it may seem that there is mutual benefit for both parties, but this is far from the case.
First of all, labor activity without drawing up an employment contract is a violation of the requirements of labor legislation (Chapter 11 of the Labor Code of the Russian Federation), entailing a violation of the rights of workers.
Labor activity without an employment contract, in fact, makes him defenseless before the employer in case of violation of it labor rights. In such cases, before protecting a specific violated right of an employee, it is necessary to prove the very fact of the existence of an employment relationship between the employee and the employer, which is extremely difficult to do in the absence of an employment contract. The problem here may be that the employer may declare either that this employee has never worked for him (especially if there are no witnesses to your work activity), or he worked, but not under an employment contract, but under a civil law contract (for example, under a contract).
In case of non-payment wages, unjustified disciplinary action, dismissal or other violation of the labor rights of an employee working without an employment contract, it is possible to protect his rights only after the fact of the existence of an employment relationship has been established. On the one hand, this fact can be confirmed by the employer himself, and in case of refusal, only in court.
In addition to the above, the negative consequences of working without an employment contract include infringement of the employee’s pension rights. When carrying out labor activities without a contract, the employer, in violation of the requirements of Art. 14 of the Federal Law of December 15, 2001 No. 167 - Federal Law “On Compulsory Pension Insurance in the Russian Federation” does not transfer insurance contributions to the Pension Fund of the Russian Federation for the formation of settlement capital, the size of which will in the future determine the size of the employee’s pension.
Labor activity without an employment contract creates obstacles to the protection of the employee’s labor rights in the event of their violation, and also infringes on the pension rights of employees. Thus, an employment contract is an integral part of labor relations; it is a guarantee of the protection of the labor rights of citizens. Labor law norms apply only to employees who are in an employment relationship with employers who have entered into written employment contracts.
If, as a result of an accident at work, loss of ability to work occurs, damage to the health of an employee, or the death of an employee in an employment relationship occurs, then the employee or his relatives are entitled to the following types of insurance coverage:
1) temporary disability benefit for the entire period until the employee recovers or until permanent loss of professional ability is established - in the amount of 100 percent of the employee’s average monthly earnings, but not more than 261,320 rubles per month in 2015 (273,080 rubles in 2016 and 284,000 rubles - in 2017).
The benefit is paid at the victim’s place of work;
2) one-time and monthly insurance payments:
An employee, if, according to the conclusion of a medical and social examination institution, as a result of an accident at work, he has lost his professional ability to work,
Persons entitled to receive such a payment (disabled dependents, children, parents, etc. - see Legal Basis) if the accident resulted in the death of the employee.
In the absence of written employment contracts, these guarantees and compensation for workers injured while performing work are not provided.
Working under the conditions of a “gray scheme of labor relations”, the employee remains completely unprotected in his relationship with the employer; he is unable to defend and protect his rights and legitimate interests in the event that they are violated or otherwise infringed by the employer. It is very difficult to prove the fact of labor relations in court, because this requires testimony, however, not always employees of an organization agree to testify in court against their own employer.
By failing to formalize the hiring of an employee in accordance with the procedure established by law, the employer deprives him of his well-deserved pension provision. The period of work without registration of labor relations in accordance with the established procedure will not be included in the insurance period, which will lead to a low pension in the future.
The employee will not have the right to payment of temporary disability benefits in the event of an accident at work and occupational disease, benefits in case of unemployment, the right to receive annual paid leave, social guarantees provided for by the collective agreement and local regulations in force at the employer
In Art. 64 Labor Code The Russian Federation provides guarantees of the rights of employees when concluding an employment contract, one of the fundamental ones is the prohibition of unjustified refusal to conclude an employment contract. Moreover, if you are refused, you have the right to demand that the employer inform you in writing of the reasons for the refusal to conclude an employment contract. Article 64 of the Labor Code of the Russian Federation also provides for the right of an employee to appeal such a refusal in court.
In accordance with Art. 67 of the Labor Code of the Russian Federation, an employment contract is concluded in writing, drawn up in two copies, each of which is signed by the parties. One copy of the employment contract is given to the employee, the other is kept by the employer. The employee’s receipt of a copy of the employment contract must be confirmed by the employee’s signature on the copy of the employment contract kept by the employer. 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 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.
Accordingly, an employer who fails to conclude an employment contract with an employee in a timely manner will, if such a fact is discovered, be held liable under the legislation of the Russian Federation.
Employer instead employment contracts concludes and periodically renegotiates contracts for the provision of services. Is this legal?
No, it's illegal. The conclusion of civil law contracts (this also includes a work contract and a service contract) that actually regulate labor relations between an employee and an employer is not allowed.
If an organization or individual entrepreneur has entered into an agreement with a citizen under which:
A citizen personally performs work in a specific position or specialty,
The scope of this work is not determined in advance (that is, during the term of the contract, the same work is performed in the amount the need for which arises in the process of work, and which corresponds to the position/specialty of the citizen),
The citizen is subject to the rules of the internal labor regulations organization or entrepreneur
then an employment relationship arises between the parties, and an employment contract must be concluded.
If an organization or individual entrepreneur (customer) has entered into an agreement with a citizen under which:
The citizen has undertaken to perform only a certain type and amount of work (for example, to produce a certain number of certain items),
The customer undertakes to pay only for this amount of work performed,
The customer cannot entrust other work or work to a different scope under this agreement to a citizen,
The citizen works at his own risk and does not obey the internal labor regulations of the customer,
then civil law relations arise between the parties, and a civil law agreement must be concluded (for example, a contract or paid provision services).
If you believe that your employer unlawfully concluded a civil contract with you instead of an employment contract, then you can submit a written application to the employer to recognize the relationship arising on the basis of a civil contract as an employment relationship, and to properly formalize the employment relationship (concluding an employment contract). agreement in writing, issuing an order for employment, making an entry about the work in the work book). If the employer does not satisfy your application, you can apply for protection of your rights to the territorial body of Rostrud - the state labor inspectorate (including through this resource), as well as to the court.
Legal basis
Article 15 of the Labor Code of the Russian Federation defines that labor relations are relations based on an agreement between an employee and an employer on the personal performance by an employee for payment of a labor function (work according to a position in accordance with the staffing table, profession, specialty indicating qualifications; the specific type of work entrusted to the employee ), the employee’s subordination to the internal labor regulations while the employer provides working conditions provided for by labor legislation and other regulatory legal acts containing labor law norms, a collective agreement, agreements, local regulations, and an employment contract.
The conclusion of civil contracts that actually regulate labor relations between an employee and an employer is not allowed.
According to Article 19.1. The Labor Code of the Russian Federation recognizes relations arising on the basis of a civil law contract, labor relations can be carried out:
a person who uses personal labor and is a customer under the specified contract, on the basis of a written statement from an individual who is a performer under the specified contract, and (or) an order of the state labor inspector to eliminate the violation of part two of Article 15 of the Code that has not been appealed to the court in the prescribed manner;
by the court in the event that an individual who is a executor under the specified agreement appealed directly to the court, or based on materials (documents) sent by the state labor inspectorate, other bodies and persons with the necessary powers in accordance with federal laws.
In case of termination of relations related to the use of personal labor and arising on the basis of a civil contract, recognition of these relations as labor relations is carried out by the court. An individual who was a performer under the specified agreement has the right to apply to the court for recognition of these relations as labor relations in the manner and within the time limits provided for the consideration of individual labor disputes.
Insurmountable doubts when the court considers disputes regarding the recognition of relations arising on the basis of a civil contract as labor relations are interpreted in favor of the existence of labor relations.
If relations related to the use of personal labor arose on the basis of a civil contract, but were subsequently recognized as labor relations, such labor relations between the employee and the employer are considered to have arisen from the date of actual admission of the individual who is the executor under the specified contract to the execution of the provisions provided for by the specified contract. contract of duties.
What responsibility does the employer bear for late wages and in what cases? What to do if the employer is late in paying wages?
The employer does not have the right to delay wages for any reason, including due to a lack of money from the organization, a delay in payment for the organization’s services from its clients, etc.
Salaries must be paid at least every half month on the day established by the internal labor regulations, collective agreement, or employment contract.
If the employer delays payment of wages for more than 15 days, the employee has the right to suspend work (with the exception of certain cases - see Legal justification) for the entire period of delay, notifying the employer in writing.
For delay in payment of wages for any reason, the employer is obliged to pay the employee interest (monetary compensation) in the amount of not less than one three hundredth of the refinancing rate of the Central Bank of the Russian Federation (it is 8.25% per annum) of the amounts not paid on time for each day of delay. Amount paid to the employee monetary compensation may be increased by collective agreement, local normative act or an employment contract.
The employer (organization or individual entrepreneur), as well as the manager or other responsible person of the organization, may be held administratively liable for delays in wages (see Legal justification).
In some cases, an individual entrepreneur, manager or other responsible person of the organization may be held criminally liable for delays in wages (see Legal justification).
In case of delay in wages, an employee has the right to apply to the territorial body of Rostrud - the state labor inspectorate (including through this resource), as well as to the court to protect his rights.
Legal basis
According to Part 6 of Article 136 of the Labor Code of the Russian Federation, wages are paid at least every half month on the day established by the internal labor regulations, collective agreement, or employment contract.
In accordance with Part 2 of Art. 142 of the Labor Code of the Russian Federation, in the event of a delay in payment of wages for a period of more than 15 days, the employee has the right, by notifying the employer in writing, to suspend work for the entire period until the delayed amount is paid. Suspension of work is not allowed:
During periods of martial law, a state of emergency or special measures in accordance with the legislation on a state of emergency;
In the bodies and organizations of the Armed Forces of the Russian Federation, other military, paramilitary and other formations and organizations in charge of ensuring the country's defense and state security, emergency rescue, search and rescue, fire-fighting work, work to prevent or eliminate natural disasters and emergency situations, in law enforcement agencies;
Civil servants;
In organizations directly servicing particularly hazardous types of production and equipment;
Employees, in job responsibilities which includes the performance of work directly related to ensuring the life of the population (energy supply, heating and heat supply, water supply, gas supply, communications, ambulance and emergency medical care stations).
Article 236 of the Labor Code of the Russian Federation establishes that if the employer violates the established deadline for paying wages, the employer is obliged to pay it with interest (monetary compensation) in the 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 for amounts unpaid on time for each day delays starting from the next day after the due date for payment until the day of actual settlement inclusive. The amount of monetary compensation paid to an employee may be increased by a collective agreement, local regulation or employment contract. The obligation to pay the specified monetary compensation arises regardless of the employer’s fault.
Part 1 of Article 5.27. The Code of the Russian Federation on Administrative Offenses establishes administrative liability for violation labor legislation, including for delays in wages in the form of a warning or the imposition of an administrative fine on officials in the amount of one thousand to five thousand rubles; for persons carrying out entrepreneurial activities without forming a legal entity - from one thousand to five thousand rubles; for legal entities - from thirty thousand to fifty thousand rubles.
Criminal liability for late wages is provided for in Article 145.1. Criminal Code of the Russian Federation:
Partial non-payment of wages for more than three months, committed out of selfish or other personal interest by the head of the organization, the employer - an individual, the head of a branch, representative office or other separate structural unit of an organization, is punishable by a fine in the amount of up to one hundred twenty thousand rubles or in the amount of the wages or other income of the convicted person for a period of up to one year, or by deprivation of the right to hold certain positions or engage in certain activities for a period of up to one year. years, or forced labor for a term of up to two years, or imprisonment for a term of up to one year;
Complete non-payment of wages for more than two months or payment of wages for more than two months in an amount below the minimum wage established by federal law, committed out of selfish or other personal interest by the head of the organization, the employer - an individual, the head of a branch, representative office or other separate structural unit of the organization shall be punishable by a fine in the amount of one hundred thousand to five hundred thousand rubles, or in the amount of the wages or other income of the convicted person for a period of up to three years, or by forced labor for a period of up to three years with deprivation of the right to hold certain positions or engage in certain activities for a period of up to three years. or without it, or by imprisonment for a term of up to three years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years or without it;
Acts provided for in parts one or two of Article 145.1. of the Criminal Code of the Russian Federation, if they entail grave consequences, are punishable by a fine in the amount of two hundred thousand to five hundred thousand rubles or in the amount of wages or other income of the convicted person for a period of one to three years, or by imprisonment for a term of two to five years with deprivation of rights hold certain positions or engage in certain activities for a period of up to five years or without it.
Partial non-payment of wages means payment of less than half of the amount due.
1. senior group positions of the department for state supervision and control over compliance with labor protection legislation:
State Labor Inspector (labor safety);
2. leading group of positions in the department for state supervision and control over compliance with labor protection legislation:
Chief State Labor Inspector State Inspectorate labor in the Republic of Mari El (occupational safety);
3. leading group of positions in the category “managers” of the department for state supervision and control over compliance with labor protection legislation:
Head of the department - chief state labor inspector of the State Labor Inspectorate in the Republic of Mari El (labor safety);
4. senior group of positions in the department for state supervision and control over compliance with labor legislation (according to legal issues):
State Labor Inspector (for legal issues);
5. leading group of positions in the department for state supervision and control over compliance with labor legislation (on legal issues):
- Chief State Labor Inspector of the State Labor Inspectorate in the Republic of Mari El (for legal issues);
6. leading group of positions in the category “heads” of the department for state supervision and control over compliance with labor legislation (on legal issues):
Head of the Department - Chief State Labor Inspector of the State Labor Inspectorate in the Republic of Mari El (for legal issues);
7. leading group of positions in the category “managers” of the financing department, accounting And organizational work:
- Head of the Department of Finance, Accounting and Organizational Work - Chief Accountant
8. senior group of positions in the department of financing, accounting and organizational work:
- leading specialist-expert (system administrator);
9. senior group of positions in the department of financing, accounting and organizational work:
- specialist expert (accountant).
Place for receiving documents from applicants:
Yoshkar-Ola, Leninsky Prospekt, 24-a, room 511
Time for receiving documents: working days, except Saturday and Sunday, from 14.00 to 16.00. within 21 days from the date of posting the announcement of their admission on the official website of the State Labor Inspectorate in the RME git12.rostrud.ru and the state information system in area civil service and information and telecommunications network "Internet", telephone for inquiries 45-17-79, 45-16-14.
The full text of the announcement is located on the website of the State Labor Inspectorate in the RME and on the Federal Portal of Management Personnel.
