We are continuing the project "Let's back to the legal track." Marina Nikandrina, a lawyer from "A Country to Live in" foundation, talks about a widespread problem in modern Belarus - salary delays. What to do for those faced with such a phenomenon and avoid payments for finished products?
Timely paid salaries are order and stability in society. But on the Belarusian island of stability, due to incompetent leadership and a difficult economic situation, salary delays are becoming chronic. Employees are not paid their wages on time for months, and their families find themselves in a difficult financial situation.
So, what to do if you are not paid a salary? Collect as many documents as possible. You may not need everything. Still, it is better to have the original contract, payslips, a copy of the employment order, a copy of the timesheet, bonus provisions, a certificate containing information about the place of work, the amount and timing of paying salaries. For recovery of payments, you can apply to the labor dispute committee, a notary, or the court within three months from the day you learned or should have learned about the violation of their rights.
You can also apply after the specified period if you have evidence that the employer has recognized the debt, including for a period exceeding three months. If the organization has a labor dispute commission and a trade union member, this is the mandatory primary body for considering a labor dispute. If not, it is up to you to go to the commission or directly to the court. You apply to the labor dispute committee, which is subject to mandatory registration. The commission is obliged to consider the dispute within ten days, for a similar time from the date of delivery of a copy of this decision.
The employer must enforce the decision no later than 3 days after the expiry of the appeal period. If the employer fails to meet the deadline, the commission will issue you a certificate, which has the force of a writ of execution. You also have the right to apply to any notary in the Republic of Belarus with a statement on an executive note's execution. In this case, you will be exempted from paying the notary fee.
To make an executive note, you must submit to a notary a certificate containing information about the place of work, the amount of arrears on accrued but unpaid wages, the timing of payment, signed by the head of the organization, and the chief accountant. By law, the employer is obliged to issue a certificate of wage arrears within 5 calendar days. Therefore, you cannot be refused to submit a written application for this certificate's issuance. If it is impossible to provide the notary with such a document, you will be denied the executive note's execution.
Then you need to go to court with a statement of claim to recover unpaid wages. Such an application is submitted to the court at the location of the employer. Going to court will also be free for you. You are exempt from paying state fees.
And to suppress violations of the law in the field of timely payment of wages and to take measures to bring officials to administrative responsibility for delayed payment of wages, you should contact the state supervisory authorities. These include:
Thus, if you are not paid a salary, you should be active and independent in protecting your rights. Therefore, in parallel, contact all authorities. For late payment of salaries for the head, administrative and disciplinary liability is provided to the position's deprivation. And if you want to quit due to the employer's labor law violation, you must be paid compensation.
In addition to non-payments, in conditions of slavery, it is still practiced to replace cash payment in kind. It is allowed only with your consent. But the mandatory written consent is not required so that it can be oral. If the employee received payment in kind and did not appeal, this is considered as consent. Therefore, if you were given a salary, not in money, but products, speak up and write to the employer that you disagree with this. But in general, now work for food in a country that has become like a large prison has already become the norm!
Every employee officially employed under a contract or labor agreement is guaranteed by the state the minimum wage stipulated by law. As of January 1, 2021, it is 400 rubles. If less than the minimum wage is charged, the employer must make an additional payment up to this amount.
But even here, the authorities found a way out so as not to pay even this minimum. You are transferred to a four-day, or part-time and you will receive in proportion to the time worked. Still, if you work full-time and still receive less than the minimum wage, your rights are violated. Situations related to this are resolved in a labor dispute committee or court. Write complaints, contact the authorities responsible for compliance with labor legislation, defend your rights.
Someone is transferred to a four-day period, someone is deprived of bonuses, payments replace someone with products, and someone is not paid a salary at all or is fired for a civil position. Now we decide to spend taxes on the army of parasites who beat up their people, helicopters, and 17 residences or continue to fight to live in a free country with decent wages.
You can help the Foundation's work HERE.
Timely paid salaries are order and stability in society. But on the Belarusian island of stability, due to incompetent leadership and a difficult economic situation, salary delays are becoming chronic. Employees are not paid their wages on time for months, and their families find themselves in a difficult financial situation.
So, what to do if you are not paid a salary? Collect as many documents as possible. You may not need everything. Still, it is better to have the original contract, payslips, a copy of the employment order, a copy of the timesheet, bonus provisions, a certificate containing information about the place of work, the amount and timing of paying salaries. For recovery of payments, you can apply to the labor dispute committee, a notary, or the court within three months from the day you learned or should have learned about the violation of their rights.
You can also apply after the specified period if you have evidence that the employer has recognized the debt, including for a period exceeding three months. If the organization has a labor dispute commission and a trade union member, this is the mandatory primary body for considering a labor dispute. If not, it is up to you to go to the commission or directly to the court. You apply to the labor dispute committee, which is subject to mandatory registration. The commission is obliged to consider the dispute within ten days, for a similar time from the date of delivery of a copy of this decision.
The employer must enforce the decision no later than 3 days after the expiry of the appeal period. If the employer fails to meet the deadline, the commission will issue you a certificate, which has the force of a writ of execution. You also have the right to apply to any notary in the Republic of Belarus with a statement on an executive note's execution. In this case, you will be exempted from paying the notary fee.
To make an executive note, you must submit to a notary a certificate containing information about the place of work, the amount of arrears on accrued but unpaid wages, the timing of payment, signed by the head of the organization, and the chief accountant. By law, the employer is obliged to issue a certificate of wage arrears within 5 calendar days. Therefore, you cannot be refused to submit a written application for this certificate's issuance. If it is impossible to provide the notary with such a document, you will be denied the executive note's execution.
Then you need to go to court with a statement of claim to recover unpaid wages. Such an application is submitted to the court at the location of the employer. Going to court will also be free for you. You are exempt from paying state fees.
And to suppress violations of the law in the field of timely payment of wages and to take measures to bring officials to administrative responsibility for delayed payment of wages, you should contact the state supervisory authorities. These include:
- Department of State Labor Inspection
- Committee on Labor, Employment and Social Protection of the Population
- Prosecutor's office
- State Control Committee
Thus, if you are not paid a salary, you should be active and independent in protecting your rights. Therefore, in parallel, contact all authorities. For late payment of salaries for the head, administrative and disciplinary liability is provided to the position's deprivation. And if you want to quit due to the employer's labor law violation, you must be paid compensation.
In addition to non-payments, in conditions of slavery, it is still practiced to replace cash payment in kind. It is allowed only with your consent. But the mandatory written consent is not required so that it can be oral. If the employee received payment in kind and did not appeal, this is considered as consent. Therefore, if you were given a salary, not in money, but products, speak up and write to the employer that you disagree with this. But in general, now work for food in a country that has become like a large prison has already become the norm!
Every employee officially employed under a contract or labor agreement is guaranteed by the state the minimum wage stipulated by law. As of January 1, 2021, it is 400 rubles. If less than the minimum wage is charged, the employer must make an additional payment up to this amount.
But even here, the authorities found a way out so as not to pay even this minimum. You are transferred to a four-day, or part-time and you will receive in proportion to the time worked. Still, if you work full-time and still receive less than the minimum wage, your rights are violated. Situations related to this are resolved in a labor dispute committee or court. Write complaints, contact the authorities responsible for compliance with labor legislation, defend your rights.
Someone is transferred to a four-day period, someone is deprived of bonuses, payments replace someone with products, and someone is not paid a salary at all or is fired for a civil position. Now we decide to spend taxes on the army of parasites who beat up their people, helicopters, and 17 residences or continue to fight to live in a free country with decent wages.
You can help the Foundation's work HERE.
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