Home / Salary disputes / Finding out where to turn if wages are not paid without an employment contract
Employment without registration is a common phenomenon, however, most workers are not fully aware of all the consequences of unofficial work. As a rule, an employment contract is not drawn up at the initiative of the employer, who is thus trying to reduce his tax expenses.
But it is important to know that the labor rights of an employee who has not been officially hired are practically not protected by law. For example, it is easy to fire such an employee or delay his wages for a long period of time. What to do if the employer does not pay wages and the employee does not have an employment contract?
Worked without registration: features and consequences
Not all workers agree with the opinion that working without an employment contract is bad. We can say that in this way the employee saves his money without paying taxes, contributions to pension and medical funds. But you shouldn’t delude yourself with just such advantages: there are also very significant disadvantages in working without registration.
What are the consequences for an employee who was employed without a contract and receives a salary “in an envelope”:
- Lack of security for the future: the employee does not have official work experience, savings for a future pension, or health insurance;
- Financial insecurity: the employer may leave an unregistered employee without leave and the payments due to him, deprive him of bonuses or not pay wages at all;
- Job instability: An unemployed person can easily be fired, furloughed, or forced to work overtime.
The disadvantages described are the most common ones during employment without official registration. We can say that an employee who does not have an employment contract is practically defenseless before the employer.
The employer will not bear any responsibility for an employee who was employed unofficially. Were you injured at work? Most likely, the employee will simply be left without compensation, and the head of the enterprise will not suffer any punishment.
One of the common causes of conflicts between employees and employers is salary, or more precisely, the procedure for its calculation and payment. Is it possible to punish the manager and oblige him to repay the wages owed if you worked without an employment contract?
No documents: what to do if they don’t give you an estimate?
An employee who is not paid a salary without an employment contract has a legal opportunity to protect his interests and receive due payment for his work. For this purpose, there are several state regulatory bodies that carry out supervision in the field of labor activity.
But before you contact, for example, the labor inspectorate or the court, it is worth talking with the employer himself , who is not paying wages. As a rule, ordinary communication about the conflict and threats to file a claim with supervisory authorities are very effective.
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Instead of a regular conversation, an employee can submit a formal written complaint to his employer, which will demonstrate the fact that an attempt has been made to resolve the issue of non-payment of wages amicably. How to make such an appeal?
Pre-trial claim
In resolving any issue, the first step of the parties must necessarily be an attempt to peacefully resolve the conflict. It can be expressed in a pre-trial or claim letter. Such an appeal is made to the enterprise by a person who is not being paid a salary without an employment contract.
A complaint to an employer is a statement that has three parts: a header, a title and a claim. The applicant can hand over the complaint personally to his boss or send a letter by mail if the manager refuses to certify the complaint.
What should be included in the text of the claim? Please include the following information in your application :
- Place of work, date of employment and position.
- The amount of unpaid wages owed, as well as the period of delay.
- Demands for repayment of wage debts.
- Further actions of the applicant if the claim remains unanswered.
You need to write an appeal to the head of the enterprise in two copies: one will be given to the employer, and the second will remain in the hands of the applicant. Remember that you must respond to a complaint from an employee regarding delay or non-payment of wages within 10 business days from the date of receipt of the complaint. When sending an application by mail, the response period will begin to count from the date of receipt of the letter.
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In your complaint to the employer, be sure to indicate the legal norms of the Labor Code of the Russian Federation that were violated by him. For example, according to Article 22 of the Labor Code of the Russian Federation, an enterprise is obliged to pay wages on time and in full.
Where can I go?
After receiving a claim about unpaid wages from an employee, the employer is obliged to respond to it and take action to resolve the conflict situation. However, not all managers respond to employee complaints, much less fulfill their demands. If a response has not been received or the applicant is not satisfied with it, the applicant should send a letter to the regulatory authorities.
The first authority that can help if wages are not paid without an employment contract is the labor inspectorate . There are branches in every city: you can contact a department employee directly or write an electronic complaint on the inspection website. But what if you don’t have an employment contract?
According to Article 61 of the Labor Code of the Russian Federation, the presence of an employment contract is not required when applying to the court or other supervisory agencies, since the labor agreement begins to be valid from the moment the employee immediately begins working at the enterprise.
This means that even an unofficial employee has the opportunity to file a complaint about unpaid wages, providing government agencies with evidence of the actual performance of their duties. For example, the following can prove the fact of employment :
- Pay slips, accounting extracts, letters from the company to the employee.
- Working documents containing the employee’s details (invoices, invoices, statements).
- Response to a previously filed claim for unpaid wages.
You can also learn about the specifics of writing an application to the labor inspectorate for non-payment of wages by reading here.
If none of the specified papers is available, then witnesses can prove the fact of work activity: the employee can attract two people who can confirm that the employee was indeed unofficially employed.
The complaint to the labor inspectorate should also include a calculation of wages and arrears, information about all payments and the procedure for their calculation. The processing time for the application is 30 working days.
In the same way you can contact the prosecutor's office if the labor inspectorate could not find violations on the part of the employer. By the way, this government agency is more effective, since law enforcement agencies have more powers. The application to the prosecutor's office is also submitted along with documents proving the fact of employment.
What can you do if you fail to pay?
A lot of forums, if you search, are full of questions: “I work without a work book, I decided to leave, they haven’t paid me the money, what can I do?” Or these may be questions related to the fact that they do not pay money and are asked to wait.
You may receive a recommendation to forget about restoring justice, since the fact of employment lacks documentary evidence.
However, based on Art. 67 of the Labor Code of the Russian Federation, labor relations are recognized as formalized when the employee begins to perform labor functions with the knowledge of the head of the organization.
The answer to the question of where to go if wages are not paid without an employment contract can be answered: to the labor inspectorate and the prosecutor's office. Of course, this will require more strength and patience from you than if the employment relationship were secured by a contract. When a person worked unofficially, it is necessary to prove his actual cooperation with this employer.
By showing persistence, you can achieve a prosecutorial inspection and a labor inspector visit to the employer. Then the manager will be held accountable and obligated to pay everything due to the employee.
This is important to know: How to correctly draw up an employment contract with an employee: sample 2021
When it comes to massive non-payments, it makes sense to complain as a whole team by submitting a jointly drawn up statement.
How to collect evidence?
Anyone working informally needs to understand that he is obviously taking a risk by agreeing to accept such cooperation. However, it is possible to receive wages from an unscrupulous employer.
This will, of course, require witnesses who will confirm that the person worked daily at such and such an address. For proof, clients of the organization who interacted with those who were not paid their salaries can be brought in.
Documentation can be very important evidence. An employee working without an employment contract will need to painstakingly collect all available documents that bear his signature. If there is written evidence, the inspection authorities will be required to accept the complaint. The presence of a person’s signature as a representative of the organization is strong evidence of his actual work in the organization.
It would be ideal if in some documents you find how much your earnings are - in this case it will be easy to establish what the amount of unpaid funds is.
So, we can conclude: if an unemployed employee has not been paid money, then there are ways to restore justice, but it will be more difficult to collect the evidence base.
What to do if nothing helps?
Supervisory agencies are required to act on a complaint received from an employee within one month. As a rule, an audit will be carried out at a company that does not pay wages. After this, the employer will receive an order to eliminate violations, as well as a fine.
But a complaint to the labor inspectorate or prosecutor’s office does not always bring the expected result: the employer may simply not comply with the order or declare that the employee who filed the complaint has never worked for him. What to do in this case?
Filing a lawsuit against an employer
Both the employee himself and the regulatory authorities can initiate an appeal to the court if their actions were ignored by the employer. The statement of claim is filed at the place of registration of the applicant or at the location of the employer.
It is necessary to collect evidence that they do not pay wages without an employment contract: about actual employment, about the payment procedure and the amount of debt.
You can prove unofficial employment in court in the same way as when contacting the prosecutor's office or the labor inspectorate. All documents must be certified and attached to the statement of claim. How to go to court :
- We draw up a claim in which you need to indicate in detail the place and date of start of work, position, salary amount and the amount of debt for unpaid wages.
- We prepare an evidence base about employment and the procedure for paying wages. The claim must also provide an example of calculations and the amount of debt.
- Then the claim and all documents must be submitted to the court: personally to a government agency employee, by mail, or through an official representative.
The described actions are an approximate plan of exactly how to file a lawsuit against an employer who does not pay wages to an employee who does not have an employment contract. also invite two witnesses , who will confirm that the applicant was actually employed.
The claim is filed in court within two months from the date of non-payment of wages or within one month from the date of dismissal.
Such cases are considered in court within several months. As a rule, the decision will be in favor of the plaintiff: the employer will be obliged to repay the debt for unpaid wages, as well as a fine.
You can read more about filing a claim for unpaid wages in a special article prepared by our editors.
Where to go for help
Expert opinion
Novikov Oleg Tarasovich
Legal consultant with 7 years of experience. Specializes in criminal law. Member of the Bar Association.
If at work they do not pay menial wages, while a person works unofficially, then you need, first of all, to complain about the very fact of the absence of an employment contract, and then about the fact of non-payment of wages.
Concluding an employment contract is the responsibility of the employer.
According to labor law, this document must be drawn up in writing and reflect all the conditions of the employment relationship.
If the contract is not drawn up in writing, it is considered concluded from the moment the employee returns to work or is allowed to perform official duties.
This norm is enshrined in Art. 67 Labor Code of the Russian Federation.
This is important to know: Contract with an employee without a work book: sample 2021
The employment contract must be drawn up within three days from the date the employee actually starts work. If this does not happen, the employer’s actions can be appealed to the state labor inspectorate or the prosecutor’s office.
Responsibility for the employer in case of delay in payment.
The very fact of the absence of an employment contract entails administrative liability:
In case of repeated violation, the sanctions become more severe. In addition, the appeal must indicate the fact of delayed wages, the amount of debt and provide evidence of the existence of an employment relationship and the amount of the assigned salary.
If wages are not paid for two months (in case of complete non-payment) or three months (in case of partial non-payment), it is possible to contact law enforcement agencies with a statement to initiate a criminal case.
Sometimes a surprise audit reveals multiple violations, and evidence is discovered during these audits. It could be:
- black accounting;
- availability of statements according to which actual wages were issued “in envelopes”;
- explanations from other employees and responsible persons.
Contacting regulatory and inspection authorities is a good move, but there is no need to limit yourself to them. No one is immune from carrying out a formal inspection and receiving a written statement based on its results.
The employer may also hide the offenses very carefully, and it will simply not be possible to find evidence. In this case, you should go further and contact the judicial authorities.
If the salary paid in black money is delayed or not paid at all, you should not skip the labor inspection; first of all, you need to contact the State Labor Inspectorate.
Before going to court, it is advisable to have a response from this body available. It is better to duplicate your actions to protect rights by independently collecting evidence.
Let's summarize. It is possible to punish an employer for non-payment of wages even if the employment is unofficial.
What to do if a combination of the following factors is present: lack of an employment contract and official employment, non-payment of unpaid wages:
- Submit an application to the labor inspectorate stating that you are not officially satisfied with the job, that your salary is paid “in envelopes”, and that, moreover, delays are allowed.
- If the response from the State Tax Inspectorate is unsatisfactory, file a claim in court.
- In parallel with these actions, collect evidence that labor relations exist.
The burden of proof regarding the payment of wages generally lies with the employer. If the fact of an employment relationship is established, the defendant must provide payment documents signed by the plaintiff.
Expert opinion
Novikov Oleg Tarasovich
Legal consultant with 7 years of experience. Specializes in criminal law. Member of the Bar Association.
There is no exact list of evidence on which the court will have to make a decision. The following rule applies: the more massive the evidence base, the better.
In judicial practice, decisions were made based on:
- witness statements;
- collected documents;
- audio-video recordings;
- information from open sources;
Let's take a closer look at each possibility.
If, after dismissal, an employee is not paid “black wages,” he can contact the following authorities:
- the prosecutor's office;
- tax office;
- State Labor Inspectorate;
- local police department.
