remuneration for work is guaranteed by Art. 30 of the DPR Constitution, art. 2 of the Labour Code and Articles 21, 22 of the DPR Law “On wages”.
However, sometimes workers are faced with a situation where an employer not only does not pay wages, but also does not give guarantees regarding the timing of payment in the near future.
In case of non-payment of wages by the employer, your rights can be protected in extrajudicial and judicial procedures.
Extrajudicial procedure includes:
– an appeal to an employer with an application for the payment of wages;
– appeal to the labor dispute committee of an enterprise (if any).
– an appeal to the State Inspectorate for Compliance with Labor Law of the DPR with a written complaint, which should indicate violations of labor rights committed by an employer.
Let us dwell in more detail on the collection of wage arrears in court.
Thus, an employee can go to court within the framework of:
– order production (the employee’s claim regarding the wage is indisputable);
– action proceedings (there is a dispute about the wage and compensation, including the absence of a document confirming its size).
An application to the court is submitted in writing, which must indicate:
– the name and location of the court of general jurisdiction;
– full name of the applicant, his/her address, telephone;
– the circumstances of the current situation;
– the request of the person submitting the application about the amount to be recovered;
– the date and signature of the applicant.
At the same time, the application must contain the following evidence:
– the applicant’s stay in an employment relationship with the employer (for example, a copy of a work book, a copy of an employment contract, a certificate from the place of work, etc.);
– confirmation of the amount recovered (any duly executed document indicating the amount of accrued wages and compensation for violation of the terms of its payment).
If the employer does not issue a certificate to the employee about the accrued but unpaid wages, the applicant must indicate this information in the submitted statement of claim and petition the court to request the above documents (evidence) from the employer.
It should be noted that when applying to the court with a claim to recover accrued but unpaid wages, the court fee is not paid.