Labor relations: how to get wages from an unscrupulous employer. The employer refuses to pay for a medical examination What to do after

But it's all lyrics, that's not the point. The Labor Inspectorate believes that the employer must pay, you say no. Personally, I can’t answer unequivocally, so I ask for your help, you heard my opinion: if a future employer gives a person a referral for a preliminary medical examination paid for by the employer, and the person instead goes to the doctors of his choice and pays his own money for this, the employer is not obliged to compensate him for anything . This person paid 8000 rubles, they didn’t take the job, they didn’t compensate for the money. OK. He goes to another employer, and there is the same thing. “The same thing” - this is also given a referral, but he does not follow it, and is eager to spend a little more of his money? And what to do, no money is enough of course. maybe it’s worth doing everything according to the law and going to the doctors in the direction? #10 IP/Host: 195.68.184.

What if the employer refuses to pay for the medical examination?

Chizhov, Deputy Head of the Office of the Office of the Office of the Federal Service for Labor and Employment, State Counselor 2nd class May 1, 2013 "Personnel Department of a commercial organization", N 5, May 2013 #11 IP / Host: 85.95.179. Date of registration: 02/07/2016Posts: 5 Re: Employer's refusal to pay a medical examination Posted by 3838 The employer issued a referral to the applicant for a medical examination and verbally promised to hire him.

The applicant passed the medical examination at his own expense. The employer changed his mind - he does not take work, he does not want to compensate for the medical examination. Do I understand correctly that the employer is wrong, and he must compensate the applicant for expenses, because

The company refuses to pay the costs of passing the medical examination

It was created in order to protect you, and not to burden or oblige you to bear unnecessary losses. And be always healthy!

• 27.06.2017

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All about who pays for a medical examination when applying for a job in accordance with the Labor Code of the Russian Federation

Payment and fixation What should be known to someone who has to pay for the medical examination of employees? That, according to the current legislation of the Russian Federation, the cost of such medical examinations cannot be subject to Value Added Tax. Among other things, no social charges can be made from this amount.

The only exceptions are insurance premiums. How should the mandatory medical examination of employees be taken into account in the accounting of the organization? If we are talking about the costs that the company was forced to incur in connection with the settlements on the accounts of medical institutions for the examination of employees of the enterprise or applicants during the initial examination, then they should be taken into account as gross expenses for ordinary activities.

Who pays for medical examinations of employees? pre-employment health check

And if a medical examination was carried out at the expense of the employee? Compensation of the funds reimbursed to him will be reflected in the financial statements as settlements with personnel for other operations. If the medical examination was carried out in those institutions with which a service agreement was previously concluded, such a business transaction should be accounted for as settlements with counterparties and suppliers.

Info

Refusal of Reimbursement While the vast majority of employers are well aware of who should pay for employee health screenings, sometimes employers will refuse to reimburse their workers for the costs incurred during their pre-employment health screenings. Leaders of organizations explain their unwillingness to pay their dues for a variety of reasons.

Employer refuses to pay medical examination

Contact the prosecutor's office, but first write a written application to the employer with a request to compensate for honey. inspection. Send by registered mail with an inventory, or put the incoming number with the secretary.

Attention

You can also write a statement about the reasons for refusal to hire. After 7 days, you must give an answer. I speak from my own experience: I got a job in an institution for 1 month, they gave me a referral to honey.

examination, I passed it for my money. Naturally, no one wanted to compensate me. I contacted the prosecutor's office, which ordered the employer to do this.

Employer does not want to pay medical examination

A medical examination is an important part of checking the suitability of an applicant for a particular position. Of course, this does not apply to all professions, but more and more job seekers are faced with the need to carefully check their health status before knowing the employer's decision on employment. Considering that such examinations, as a rule, turn out to be quite expensive, the question arises before a potential employee: who should pay for their medical examination? The applicant himself or the employer who has set such a requirement for his employees? And if a potential employee is not suitable for this position, will he be compensated for his costs in this case? To answer this question, it is necessary to discuss in detail everything related to the initial medical examination for applicants, which will be done in this article. Be careful.

If the employer refuses to pay for the medical examination

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the employer promised to pay for the medical examination and now refuses what to do??? Can I contact the labor inspectorate? Minimize Victoria Dymova Support Officer Pravoved.ru Similar questions have already been discussed, try looking here:

• What to do if the employer forces you to undergo a medical examination at your own expense?
• What to do if the employer refuses to hire for no apparent reason or explanation?

Lawyers Answers (3)

• All services of lawyers in Moscow Assistance in case of groundless refusal of employment Moscow from 30,000 rubles. Reorganization by joining Moscow from 35,000 rubles.

Employer refuses to pay medical examination

As a rule, employers pay off employees no earlier than a few months from the date of employment. Sometimes the bosses convince their employees that they are obliged to pay for the first examination on their own, but later the company will finance the annual medical examination of employees.

And often, if the applicant did not fit on medical grounds, and the employment contract was not concluded, the management of the enterprises even turns out to compensate for something. It is important to know exactly what rights you have. All listed actions of directors are illegal.
Even if an employment contract was not concluded, or the employee worked for an extremely short period, the cost of a medical examination should in any case be compensated.
Medical services from year to year become more expensive. On average, the cost of a medical examination is from 1,000 to 5,000 rubles, depending on the medical institution and your specialty. The employee retains the average salary and workplace for the time needed to undergo a periodic medical examination.
Self-employed people pay for their own medical examination and medical book. Accounting for medical examination expenses In accordance with the Labor Code, it is the employer who pays for the medical examination. An enterprise may include the costs of paying for a mandatory medical examination of its employees in gross expenses.

But other medical services for workers that are not included in the number of mandatory ones cannot be called such. Payment for an employee's medical examination is not taxed and social contributions are not deducted from this cost.

The second option for confirming income is accrual to a card that is issued to a citizen. The undoubted advantage in this case will be that it is issued by the bank in which the loan is requested. But one must be prepared for the fact that citizens who do not have an official place of work may have an increased loan rate compared to those who are officially employed. In the difference between the rates, the bank lays down its costs in the event that the debtor cannot repay the loan. However, you can agree with the bank to confirm solvency by the presence of real estate, vehicles, etc. in other words, the bank will have something to recover losses from if payments on the loan are not made.

Employer refuses to pay wages

It will be unpleasant for everyone if they did not pay their salary. Where to go when such an incident really happened? After all, this issue cannot be left unresolved.

Well, there is an answer for this. We do not go to work When a person does not know where to turn if they do not pay a salary, then the first thing he should understand is that the first instance in this case is his direct management. Article No. 142 of the Labor Code of the Russian Federation states that each employee has the right to self-defense.

And he can express it by refusing to go to work if his work was not rewarded in accordance with all the rules. In this case, the delay in payment must be more than 15 days.
However, if a person decides to take such a step, he will have to draw up a written notice of this, which he will give to his employer.

What to do if the employer refuses to pay wages?

In addition, remember that, despite your absence from your workplace, you do not cease to be an employee of an organization. If more than 15 days have passed since the day of the salary, and you still have not received your honestly earned money, first of all, notify the employer in writing about the termination of your activity.

If you do not want to appear at work in person, you can send a notice by telegram or registered mail. If, after reviewing your appeal, the employer gives a written response, promising to pay off the debt within one or two business days, you must come to work.
Your absence from your workplace after a positive response from the employer will be considered absenteeism. If your employer fails to pay wages, you can take the following actions: 1.

How to get a salary if the employer refuses to pay it

In practice, this means that the date of payment of wages for the past month must be set no later than the 15th day of the next month. This article does not talk about any possible salary delay.
Specific dates for the payment of salaries must be set, it is impossible to set a period, such as an advance payment from the 15th to the 25th, and a salary from the 01st to the 10th of the next month. Should be: advance on the 15th, salary on the 1st of the next month.

Suspension of work in case of delayed payment of wages Article 142 of the Labor Code of the Russian Federation allows workers to suspend work if there is a delay in wages for more than 15 days. This can be done only if a certain algorithm established by law is observed.

What to do and where to turn if the employer stopped paying wages

We are talking, for example, about liability. Each employee and employer has its own pros and cons of formal employment. Therefore, before insisting on signing an employment agreement or refusing to do so, we recommend weighing the pros and cons.

An alternative to drawing up an employment agreement may be the conclusion of a civil law contract with the head of the organization. It is, as a rule, either a work contract or a contract for the provision of services. In this case, the employee is also not in an employment relationship with the employer and, accordingly, is not entitled to rely on the guarantees and compensations provided for by the Labor Code of the Russian Federation, however, he receives remuneration for his work and has the right to apply for protection of violated rights, having evidence of civil legal relations between him and the organization.

Where do you go if you don't get paid?

1. Administrative - according to Art. 5.27

   Code of Administrative Offenses. In this case, a fine is imposed on the employer, the amount of which depends on the organizational and legal form of the guilty person and the repetition of the violation. An alternative is to suspend activities for a period specified by law.

   As a rule, this type of punishment can be applied if it is a question of repeated violations or in relation to several citizens.

2. Civil law - in the event that the employee has filed an application with the court and asks to recover the amount of moral damage.
3. Criminal - if there is a fact of fraud when hiding from the state a large number of "unregistered" citizens.

It will be unpleasant for everyone if they did not pay their salary. Where to go when such an incident really happened? After all, this issue cannot be left unresolved. Well, there is an answer for this.

We don't go to work

When a person does not know where to turn if they do not pay a salary, then the first thing he should understand is that the first instance in this case is his direct leadership. Article No. 142 of the Labor Code of the Russian Federation states that each employee has the right to self-defense. And he can express it by refusing to go to work if his work was not rewarded in accordance with all the rules.

In this case, the delay in payment must be more than 15 days. However, if a person decides to take such a step, he will have to draw up a written notice of this, which he will give to his employer. And, as soon as the employee receives a message from the boss that he is ready to pay the debt, he will be obliged to return the next day to perform his duties.

Who is not allowed to "rebel"

Of course, this can be done if they do not pay salaries. What about those people who are forbidden to “rebel” in this way? There is a way out for them too. But first, you should list the employees of specialties who do not have the right to stop working:

1. Workers directly related to the sphere of life support. These are communications, emergency and emergency medical care, energy, body and gas supply.
2. Also, civil servants and people involved in the maintenance of hazardous industries and equipment cannot stop their activities.
3. This list includes persons serving in the emergency rescue, armed, search and rescue and firefighting forces. And also people working in the territory where the military or

Contacting the Labor Inspectorate

The labor inspectorate is where to turn if the employer does not pay wages. This is the most effective way, by the way, which is convenient for many workers. And all because the named body was created to ensure the implementation of labor legislation. The inspectors oversee this.

In order for them to come to the rescue, you just need to make a written appeal. And let it be accepted in a free form, but it is necessary to describe the situation in all details. After all, it is on the basis of this document that the verification will be carried out. And according to its results, after the discovery of a violation, appropriate sanctions will be applied against the employer.

In addition, the inspection staff will assist the applicant in the preparation of documents that will be required to apply to the court. In general, here's where you can go if you don't get paid.

Help court

The court is a public authority. And it is he who will help best of all if they have not paid a salary. Where to apply besides the court, it was said above. But if all this did not work (and it sometimes does), only the last method remains.

The court will help, but not to punish the culprit, but to return honestly earned money. In relation to the dishonest boss, appropriate sanctions will be applied, and authorized bodies will take care of this, which have all the rights for this.

But the employee should not relax in this case. The main goal is to get your money back. But not only this requirement can be indicated in the statement of claim - the applicant has the right to demand compensation. And the employer will be obliged to pay it, since he used other people's money. And this is an article.

Such compensation is counted starting from the first day of salary delay. If, for example, it should have been accrued on the 1st, then interest will go from the 2nd.

Prosecutor's office

This is a supervisory body that is authorized to conduct appropriate checks on applications submitted by citizens. That's where you can go if you don't get paid.

What to do? First, come to the prosecutor's office. At the entrance, find out the name of the employee on duty and the number of the office in which he is located. And then you need to state to him the essence of the problem, as detailed and in detail as possible. And with him to write a statement. This will be the best option. Many send applications by mail due to lack of time for personal visits. But the issue will be resolved faster if you still come. By the way, complaints about employers are among the most common.

The application is made in two copies. One remains in the prosecutor's office, and the other - with the victim. Turning to this body, it is necessary to stock up not only evidence, but also witnesses. Lying and embellishing is not worth it - it is punishable. One of the colleagues can act as witnesses.

The application is written in the standard form. In its “header” the full name of the applicant is indicated, as well as his address with a telephone number. And in the main part, the situation is described and a request is made to take action. At the end - date and signature.

So the prosecutor's office is the place to go if they do not pay salaries on time, not only possible, but necessary!

What is in store for the employer?

We told you what to do if you have not paid your salary. Where to go is also clear. But a couple more words should be added regarding what punishment awaits an unscrupulous employer. This is similarly written in Article 5.27 of the Code of Administrative Responsibility.

So, the official and the private entrepreneur will have to pay a fine. Its size can be from one to five thousand rubles. Legal entities will have to pay from 30 thousand to 50 thousand rubles. There is another measure of punishment - in the event that an official again commits a violation of this nature, then he is removed from office for three years. The term may be shorter, but the maximum is 3 years.

Harsh penalties

If the fact of complete non-payment of wages for two months (or more) is recorded, then the provision of Article 145.1 of the Criminal Code of the Russian Federation comes into force. And the violator will be given a more severe punishment. The fine will already amount to 100-500 thousand rubles or an amount equal to the salary of the victim for three years. The offender may also be imprisoned for the same period.

True, if the salary was not paid for good reasons, events will develop differently. For example, if the delay did not occur at the will of the employer. Although he will still have to pay compensation at the so-called refinancing rate.

Knowing where to turn if the employer does not pay wages, the main thing is to do it, and the issue will be resolved by the relevant authorities.

In case of dismissal

It is important to talk about what to do if, after dismissal, they did not pay wages. Where to apply in this case? More on this later. To begin with, it is necessary to note a few important nuances.

Firstly, a person can count on several types of payments:

• the salary that he has worked for the last time;
• funds that compensate for it;
• severance pay.

The employer is obliged to give all the money to his employer on the day when he leaves. In addition to the amount, a work book and a certificate in the form of 2-NDFL will also be issued. And also a document indicating the amount of earnings used to calculate payments and dismissal benefits.

What if they didn't get paid? Where to go, it was said above. And the procedure is the same, only the reason for going to court or the prosecutor's office will be somewhat different.

When informal

Many people are still interested in where to turn if they do not pay "black" wages. And this is where problems can really arise. If a person is not officially registered, then he will not be able to influence the employer by legal means. They are outside the legal field. Therefore, the boss with impunity may not pay him a salary.

Does this mean that there are no places to turn to if they do not pay wages unofficially? Be that as it may, first of all - to the boss himself. You need to talk to him and try to get things off the ground. If it works out, then you still need to insist on official registration in order to have guarantees in the future.

And finally, the court. It's just that you can't just go there. Before that, you still need to meet with the employer. Having previously equipped yourself with a voice recorder and a hidden camera. The entire conversation will be recorded on audio and video media. And during the conversation, you will need to ask the boss leading questions, answering which, he will also tell you about how long the person has been working for him unofficially, how much he owes, etc.

This will require the worker's skill in conspiracy and the ability to formulate questions exactly as needed in order to get the right answer. And then you can go to court. Here's where to go if you don't get paid.

What a person working in Ukraine should know

This is also worth talking about. As well as about where to turn if they did not pay the salary. Ukraine is a country with a different legislation, albeit in many respects similar to the Russian one. Its Constitution has article number 43. It clearly states that every worker has the full right to receive payment for his work on the basis of an employment contract. This is also described in the 21st article of the Law of Ukraine, which says about wages.

The remuneration, judging by it, should be paid to a person regularly and on working days. At the time specified in the collective agreement. And if the day on which payments are made is a weekend or a holiday, then the reward is issued the day before.

According to Ukrainian laws (as, by the way, according to Russian ones), if a person is not given a salary, he must first contact the employer, demanding an explanation. If, after that, the salary was not paid along with compensation, then you can file a lawsuit in court.

And this must be done in any case - both with a long delay, and if they did not pay wages upon dismissal. Where to apply? There is a choice. This country also has the State Labor Inspectorate of Ukraine.

What to do after?

If the boss paid the bills and gave the salary, then you can calm down. It seems so. But it's actually better to leave and look elsewhere. If the employer once did not pay the debt, then it is not a fact that he will not do it in the future. It is better to look for another job, because here a long one indicates that the boss does not value his employees and is not able to provide them with stability.

Violation of workers' rights and non-payment of wages, in part or in full, is a common problem. It is connected both with the difficult economic situation and with the increasing dishonesty of employers.

The problem is exacerbated by the fact that enterprises do not always know their rights well and are often hesitant to go into conflict with management. The following information is intended to help you get money while still acting within the law.

The labor code obliges to pay wages

The Labor Code guarantees the payment of remuneration for work within the time limits specified in. If after fifteen days after this period there is no money, then it is necessary to write an application addressed to the head of the company.

Having indicated the organization, the full name of the director, the employee requires the issuance of money for the days of delay. The document also contains the period in which he expects the repayment of the debt. It is better to write the minimum term (several days) in order to be able to act faster.

At the end of the document, the employee puts a date and certifies it with his signature. The application is drawn up in two copies: one is intended for the person indicated in the header of the document, the other for the applicant himself. The latter needs to ensure that the director puts the date of receipt of this paper and his signature.

If he refuses, then you can go the other way by sending it by registered mail with acknowledgment of receipt. This gives grounds for appealing to state authorities. In addition, from this day on, the employee can suspend work. He is not required to be present at the workplace. He does not return to work until the day after the director notifies him that the payment will be made on the day he appears at work.

Rights of an employee in case of dismissal

Also, an employee can write a letter of resignation, stipulating that the reason is non-payment of wages. Since this is considered a violation of the employment contract by the employer, it is not necessary. The employee has the right to immediately receive his work book, all money earned and compensation for vacation if it was not used.

If he was absent from the workplace, then the calculation is made the next day. The lack of money in the enterprise is not considered as a legitimate reason for delaying or refusing to pay the amount due.

For each day of non-payment of wages, the employer must pay to his employee 1/300 of the refinancing rate of the Central Bank of Russia, in force at the time the period of non-payment begins. This penalty is charged up to the day of settlement and is paid together with the amount of the debt. The management of enterprises often uses moral pressure, asking them to wait and assuring that there is nothing to pay now.

It is important to remember that it will be much more difficult to achieve the exercise of your rights if the deadlines for applying to state organizations are violated. Don't wait too long, even if good reasons are given.

Assistance provided by the labor inspectorate and the prosecutor's office

Upon termination, the employee must be paid all the money earned

Both in case of dismissal and in the event of a temporary suspension of work, one should contact the labor inspectorate under the Ministry of Social Security. This must be done no later than three months from the date of the conflict.

There is no separate form for such an appeal. The applicant must indicate:

• your passport details;
• place of work;
• period of delay in wages;
• the amount that was not received;
• reasons given by the employer.

This public service will inform the applicant what documents need to be prepared. She is authorized to verify the veracity of the data contained in the application, and if confirmed, impose a fine or. But its employees will not be able to force the employer to pay off their employee.

The next stage is an attempt to influence the offender through the prosecutor's office. She has a lot more powers:

• If the delay is not more than six months, then a fine of up to 80,000 rubles may be assessed, the employer may be suspended from his position or core activity for several years (no more than five) or sentenced to imprisonment for up to two years.
• If the delay is delayed, it increases to 300,000 rubles, the term of administrative restrictions - up to three years, the term of imprisonment - up to seven years.
• By itself, this punishment does not mean that the salary will be paid. But this contributes to a change in the position of the employer, because the amount of debt is usually much less than the fines described above. This method of pressure can give the desired result.

Going to court

Sometimes litigation is not enough

If there is no effect, then it remains to go to court. The term for such an appeal is no more than ninety calendar days from the moment the application is signed by the manager with a request for the issuance of earned money or from the moment.

The plaintiff is not charged a state fee. He must provide the following documents:

1. , which details the situation and requirements (may include a requirement to compensate for non-pecuniary damage);
2. an application signed by the head of the company, or a notice of delivery of the application by registered mail;
3. copy ;
4. information about the amount of payment received.

The court must consider this case within five working days. As a rule, he obliges the employer to pay the amount due. The only good reason why such a decision cannot be made is the employing organization.

After the case is considered, it is transferred to the bailiffs. Within two weeks, they collect the necessary funds from the defendant's accounts and transfer them to the injured worker. If there is no money or accounts, then the debtor's property will be seized and sold in order to obtain the required amount. This is the most reliable method to get your money back quickly enough.

The legislation of the Russian Federation allows you to omit one of these stages and not apply to the labor inspectorate or or both of these authorities, but immediately submit documents to the court.

Collection of evidence in case of informal employment

In some cases, workers have to boycott

A problematic situation arises when an employee received an unofficial part of the salary or did not conclude an employment contract. In the first case, the law guarantees the payment of only the amount that passes through the accounting documents.

Getting anything more from an employer is nearly impossible. In the second case, the employee can go to court if he is able to document that he worked in this company and performed certain work there.

The basis is Article 67 of the Labor Code, according to which an employment contract is considered concluded, although it was not actually executed if the employee started work, and the employer gave his consent to this.

Public services are required to verify the information and conduct an investigation. But in reality, the burden of finding evidence falls on the injured person. He may present the following to the court:

1. testimonies of their colleagues, clients or partners of the organization;
2. documents signed by him during his work activities;
3. documents drawn up by him during the period of work;
4. printout of incoming and outgoing calls to your mobile phone, if the phone numbers of the company's management or employees appear.

This kind of thing is much more difficult. It may be necessary to hire a lawyer to handle it in court. not always in favor of the injured person. The state is not interested in the return of "shadow" earnings. It will not encourage tax evasion. This is an additional incentive to formalize labor relations in accordance with the laws in force at that time.

The law protects the rights of people who are hired if they are ready to formalize their employment relationship with the employer. It provides for contacting the tax office, the prosecutor's office and the court so that the employee can receive. Those with informal employment may not always be able to get justice due to lack of evidence.

Opinion of a legal expert:

The article describes the full algorithm of the employee's actions related to the demand for the payment of delayed wages. Of course, it is difficult for those who work unofficially to get the truth, but it is possible. The article says about it. But not everyone can realize this intention on their own.

Very often, legal support or the direct participation of a lawyer in a lawsuit is needed. You can get a free consultation on your terms of violation of the right to wages from our specialists.

You can contact them by phone numbers listed on our website or use the feedback forms for this.

How not to fall into the trap of unscrupulous employers - in the video: