Court order to collect wages

Home / Protection

Back

Published: 10/26/2019

1 Cases for consideration in court
2 Rules for going to court
3 How to obtain a court order to collect wages, the procedure for filing an application for a court order
4 Specifics of collecting wages through writ proceedings 4.1 Statute of limitations

5 Problems with obtaining documents from the employer

6 Salary “in an envelope”

7 Execution of a court decision

Cases for consideration in court

There is no dispute between the employee and the employer, that is, when the employer agrees that there is a debt to the employee and he does not dispute it. In this case, you have the right to prepare a court order to collect wages and file it with the court. Receive a certificate of debt in advance so that a dispute does not arise in the future regarding the amount collected from the employer.

The court, having considered your application, issues a court order with which you have the right to apply to the bailiff service to forcefully collect your wages from the employer, or perhaps use an appeal to the employer’s bank (this method is much faster and more effective than enforcement proceedings with a bailiff).

In addition to your wages, by filing an application for a court order, you have the right to demand interest from your employer for unlawful deduction of your wages.

The problems that the judge considers may be related to both violations of the Labor Code of the Russian Federation and local regulations adopted and in force at the enterprise. Most often, citizens ask to resolve the following issues:

On the collection of additional payments for overtime and night work.
On recalculation of payroll due to incorrect indexation and application of coefficients.
About an unreasonable reduction in the amount of the premium.
On payment of compensation upon dismissal.
On the collection of wages during forced absence, which is associated with illegal removal from work, dismissal or delay in issuing a work book.
On receiving compensation for delayed payment of wages.

When considering disputes, judges do not simply help citizens get money, but consider cases from the point of view of compliance with laws. And if it turns out that the employee deliberately led the employer to violations, a decision may be made in favor of the defendant. So, if upon dismissal of an employee he was not given a work book, the court will check whether everything was done by personnel specialists to notify the dismissed citizen of the need to pick up the document.

Return of application

When a person is not paid for his work for a long time, the collection of arrears of wages becomes relevant. This can be achieved both by filing complaints with the necessary government authorities and by going to court.

In the latter case, an application may be filed for a court order to collect wage arrears. In this case, the claimant must provide documents that indisputably confirm the employer’s debt to the employee.

Thus, an application for the issuance of a court order to collect wages can be applied to the magistrate’s court when the employee has indisputable evidence of wage arrears.

It is advisable to apply for it when the exact amount of the debt is known. This can be obtained in advance from the company’s accounting department.

In this case, the amount of debt will include not only the arrears of the basic salary, but also unpaid bonuses, vacation pay and due compensation.

A situation may arise that the employee does not agree with the amount of amounts accrued to him. In this case, the collection of wage debt is carried out by filing a statement of claim.

An application for a court order is submitted to the magistrate at the location of the employer. In this case, the state duty is not paid, since the dispute is related to labor relations. You can find the coordinates of the justice of the peace using the Internet.

We invite you to read: Collection of a civil claim in a criminal case

Before submitting an application, you must collect documents confirming the employee’s requirements. In addition to the aforementioned certificate of the amount of debt, evidence may include copies of the employment contract and work record book.

The received court order for the collection of arrears of wages will at the same time be a writ of execution with which you can apply to the bailiffs to obtain the appropriate amounts by force.

Rules for going to court

First, you need to choose the court to which to send the documents. According to the established rule, all claims are filed in the court located at the location of the defendant. The exception is disputes regarding violations of the labor rights of citizens. In this case, it is possible to appeal to the court at the place of registration of the employee.

The time limit within which to seek court assistance is currently one year from the date on which the salary was due to be paid. Collection of wages through the court occurs without payment of state duty. You just need to bring all the prepared documents and write a statement or file a claim. The document that needs to be filed depends on the manner in which the case is handled. It can be by court order or by way of a statement of claim.

Collection of salary through a court order limit on the amount

So, from June 1, the procedure for writ proceedings in courts of general jurisdiction has changed. Now, the requirements for which the court can issue a court order cannot be immediately addressed through litigation. The court will return such a claim to the applicant with reference to clause 1.1 of part 1 of Art. 135 Code of Civil Procedure of the Russian Federation. A claim can be filed only when the court refuses to issue a court order or an already issued order is canceled.

The exception is judicial acts and acts of other bodies (for example, administrative commissions) in cases of administrative offenses, which can be sent to bailiffs within two years. The resolution on the imposition of administrative sanctions is an independent document subject to forced execution in the event of its failure to comply voluntarily within a specified period of time. In this case, the issuance of an additional writ of execution is not required.

We recommend reading: Nyagan River 85 kV 17th demolition phase 2021

Specifics of collecting wages in the order of writ proceedings

The statement of claim is drawn up in the same way as a statement considered in a simplified manner by court order. It must be submitted if any payments were not processed and were not accrued. In a labor claim, you need to describe the current situation and set out the requirements for the enterprise. When filing a claim, it is also necessary to collect a package of documents proving the employer’s unlawful actions.

But unlike the previous method, if the court considers that the documents do not sufficiently explain the current situation, it can independently request separate certificates from the enterprise. After filing a claim, within 5 days the judge decides to initiate a case. The final consideration of the issue must be within two months.

There are many protections available to an employee in an employment relationship. They are divided into pre-trial and judicial.

Among the judicial ones, the order of proceedings stands out, the undoubted advantage of which is a simplified procedure and the expenditure of a minimum of time. This will be discussed in the article.

Dear readers! Our articles talk about typical ways to resolve legal issues, but each case is unique.

As part of writ proceedings, it is possible to recover not only the amount of salary or tariff rate, but also compensation and incentive amounts. The procedure for paying wages is listed in labor, collective agreements or agreements, and other local acts within the organization.

The grounds for writing an application by order are also covered in the law:

non-payment of accrued earnings and other amounts due to the claimant;
violation of the time of payment of these amounts.

That is, these payments must be accrued. The violation consists precisely in the fact of non-payment or failure to pay on time.

There are the following rules regarding the timing of payments of accrued amounts to an employee:

payment must occur at least twice per month;
all money due to the employee is paid on the day of his dismissal. If the employee did not work on such a day, then the funds are paid no later than the day following the employee’s request to correct the day’s violation;
Leave must be paid three days before it begins.

Before going to court, the employee has the right to suspend work if accrued amounts are not paid within a fifteen-day period.

Stopping work is legal if the employer is informed about it in writing and clearly until the boss resolves the problem of non-payment.

As soon as the issue is resolved, the employee is obliged to go to work on the same day or the next day.

Stopping work is prohibited at special facilities where passivity can lead to serious global consequences. These are areas such as security related to life support, fire protection systems, work in the military, law enforcement systems, during periods of, for example, a state of emergency and others. An exhaustive list is indicated in the law.

Pre-trial methods are implemented through complaints to the CC. However, there are time restrictions before applying to the magistrates' court. Ten days must pass from the time the employee receives a copy of the decision made by the CC, and if the CC has not considered the applicant’s question, then you still need to wait a ten-day period from the appeal in order to exercise the right to protection through the court.

The order of collection of amounts by order differs from classical claim proceedings in the absence of a dispute about payments and their amounts.

We invite you to familiarize yourself with: The concept and classification of objects of civil rights and its legal significance

The order process, unlike the classical one, is more simplified and shorter in time. It is entirely based on written documents and consists of their examination by the judge.

In writ proceedings, an employee is called not a plaintiff, but a claimant (creditor); the employer is not a defendant, but a debtor.

Statute of limitations

The period during which it is possible to write an application within the framework of the order process is three months from the date when the claimant was aware or should have been aware of the situation of violation of his labor rights. This period may continue to run even after the termination of employment with the employer.

Upon dismissal, this period is identical to one month, and this period begins to be calculated from the day the employee was dismissed and a copy of the order was received or a work book was issued. It is assumed that in connection with the existing rules for the payment of all money due to the employee on such a day, if the employer deviates from them, he will be immediately aware of the violation.

The deadline can be restored in case of delay, if the timely application for protection of subjective rights was prevented by some external obstacles, for example, illness, caring for a seriously ill relative and other reasons.

Application for the Issue of a Court Order for Collection of Wages

Car insurance
Housing disputes
Land disputes
Administrative law
Participation in shared construction
Family disputes
Civil law, Civil Code of the Russian Federation
Consumer rights Protection
Labor disputes, pensions

home
Application for the issuance of a court order for the recovery of wages (accrued but not paid), amounts of vacation pay, payments upon dismissal

For other examples of applications for the issuance of a court order, comments, see the section “Court order. Sample application. Objections. Cancel"

Application for a court order on a claim for the recovery of accrued but unpaid wages or vacation pay, dismissal payments, and other amounts

Magistrate of court district No. ___

Creditor: ________ (name or full name of the creditor under the transaction) address: ________, telephone: _______, fax: _______, email address: __________

Debtor: _________ (name or full name of the debtor under the transaction) address: _______, telephone: ________, fax: _______, email address: _________

Cost of claim: ________ rubles

Application for a court order for the recovery of accrued but unpaid wages (option: vacation pay, dismissal payments) and (or) other amounts

The Claimant, in accordance with the order dated “__”_______ ___ year N ___ and the Employment Agreement dated “__”_________ ___ year N ___, works for the Debtor in the position of ___________ (indicate the name of the position).

( Option 1 “salary”: For the period from “__”________ ___ year to “__”________ ___ year, the Claimant was accrued wages in the amount of ____ rubles, which is confirmed by a pay slip (option: order, accounting certificate, etc.) N ___ from "___"________ ___ year But in violation of Article 136 of the Labor Code of the Russian Federation (hereinafter referred to as the Labor Code of the Russian Federation), the accrued wages were not paid to the Claimant, which is confirmed by ________.

In accordance with Part 6 of Art. 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 of the organization, the collective agreement, and the employment contract.

According to paragraph ___ of the Internal Labor Regulations, approved by the Debtor "___"________ ___, wages to employees are paid on the ____ date and ____ date of each month.

To date, accrued wages have not been paid to the Claimant, which is confirmed by _________.)

( Option 2 “vacation payment amount”: “__”_______ ___ year The Claimant submitted an application to the Debtor for annual basic paid leave from “___”________ ___ year.

According to Part 9 of Art. 136 of the Labor Code of the Russian Federation, payment for vacation is made no later than three days before its start.

To date, the Claimant has not been paid for his vacation, which is confirmed by ___________.)

( Option 3 “payments upon dismissal”: “__”_______ ___ year The Claimant submitted a letter of resignation to the Debtor from “___”_______ ___ year.

In accordance with Part 1 of Art. 140 of the Labor Code of the Russian Federation, upon termination of an employment contract, payment of all amounts due to the employee from the employer is made on the day of the employee’s dismissal. If the employee did not work on the day of dismissal, then the corresponding amounts must be paid no later than the next day after the dismissed employee submits a request for payment.

This is interesting: Safety rules in the car for the driver and passengers

To date, the amount due upon dismissal has not been paid to the Claimant, which is confirmed by __________.)

“___”________ ___ year The claimant applied to the labor dispute commission with a demand for payment of accrued wages (amounts of vacation pay, dismissal payments) in the amount of ______ rubles.

The Claimant's claim was not considered by the labor dispute commission.

According to Part 1 of Art. 390 of the Labor Code of the Russian Federation, if an individual labor dispute is not considered by the labor dispute commission within ten days, the employee has the right to transfer its consideration to the court.

According to para. 7 tbsp. 122 of the Code of Civil Procedure of the Russian Federation, a court order is issued if a demand is made for the recovery of accrued but not paid wages to the employee, vacation pay, dismissal payments and (or) other amounts accrued to the employee.

1. Issue a court order to recover from the Debtor the accrued but not paid wages to the Claimant (option: vacation pay, dismissal payments and (or) other amounts) in the amount of _______ rubles.

2. Issue a court order to the Claimant within the time limits established by the current legislation of the Russian Federation (option: send a court order to a bailiff for execution).

1. A copy of the Employment contract dated “__”________ ___. N ___. 2. A copy of the employment order (and/or a copy of the pages of the work book) dated “__”________ ___ year N ___. 3. Pay slip (and/or order, accounting certificate) on accrued wages dated “__”________ ___ year N ___. 4. Evidence of non-payment of wages (extract from the plaintiff’s personal account, etc.). 5. A copy of the Claimant’s application for annual basic paid leave from “__”________ ___ year.

(Option: 5. Copy of the Claimant’s resignation letter “__”________ ___)

6. A copy of the Claimant’s request to the labor dispute commission dated “__”________ ___. N ___. 7. Power of attorney of the representative dated “__”________ ___ year N ___ (if the application is signed by the representative of the Claimant). 8. Other documents confirming the circumstances on which the Claimant bases his claims.

“___”________ ___ City Claimant (representative): __________/ Signature ___________/ (Full name)

All documents to the court (procedural documents):

Problems with receiving documents from the employer

When going to court, the employee must document that he worked for this employer, he was required to pay wages, but this was not done. Some of the necessary documents a person may have on hand:

a second copy of the employment contract;
various certificates issued by the employer and confirming the position, as well as training and certification;
payslips issued monthly.

But it may be necessary to attach separate certificates and statements that confirm the amount of accrued wages, time worked, and working conditions at the workplace.

If an employee is paid more than the required amount, the employer may demand that it be returned to the company. Please note that this can only be done in cases of overpayment for the following reasons:

if a counting error occurs;
if the employee’s fault for downtime is established or the fact of failure to comply with labor protection requirements is recorded;
if the overpayment was caused by illegal actions of the employee himself.

When the employee is still working, you can issue an order and deduct money monthly from your salary in an amount not exceeding 20% of the accrued amount. But for this it is necessary to obtain written consent from him. If an employee is fired, the only way to get the money back is to go to court. When filing a claim, you must attach:

a copy of the employment contract;
calculation of accrued and paid wages;
act on detected overpayment;
a copy of the notice to the former employee about the need to return overpaid amounts.

To confirm a counting error or program malfunction, you need to draw up a report with a detailed explanation of the reasons for the incident.

Application for the Issuance of a Court Order for the Collection of Wages

This is interesting: How to open a pick-up point for orders from online stores

Salary "in an envelope"

It is more difficult to collect wages from an employee who receives part of the money “in an envelope” or who works without concluding an employment contract. The employer, realizing that it is very difficult to accuse him of violating the law, can afford to delay payments to employees or, for some reason, reduce their amount. In such a situation, the main task is to collect evidence of the agreement on the amount of wages.

Any certificates, statements, coupons will do. Witness testimony may be used. If there are results of audits by the tax inspectorate, the prosecutor's office, or the labor inspectorate, which record the fact of unofficial wage payments at the enterprise, this can serve as a good help in the matter of debt collection.

Execution of a court decision

The amount of debt in the amount of three months' earnings after the court decision is subject to collection immediately. The rest of the money is collected after the court decision comes into force. At the end of the period specified for challenging the document, enforcement proceedings are initiated, and further collection is handled by the bailiff service.

An employer can voluntarily comply with a court decision by paying the employee back wages. Documents confirming payment must be brought to the bailiff. All this must be done within five days. If the bailiffs do not see that the defendant has fulfilled the obligations assigned to him, they begin to apply enforcement measures.

This may include the seizure of bank accounts and property of the defendant. There are cases when the employer agrees to comply with the court decision and pay the employee money. But large sums are not always in the bank account, and seizure of property can lead to a halt in production. In this regard, the head of the enterprise may file an application with the court with a request to establish a deferment of execution of the decision.