Information about non-payment of wages. Certificate of absence of wage arrears - sample. Contacting the Labor Inspectorate

Salary arrears are wage delays of more than one day. After 15 days, you can suspend work and go to court. However, not all and not always.

According to article 136 of the Labor Code of the Russian Federation, the employee has the right to receive a salary at least twice a month. The head of the organization can choose a specific day of payments on his own. But this date must be fixed in the labor and collective agreements.

Wage arrears are formed if the latter is delayed by more than 15 days from the last day of the billing period. That is, for September, it is necessary to pay employees no later than October 15.

What to do if wages are not paid on time

The specified period has expired, but there is no money. gives the deceived employee the right to suspend his activities until the moment the management pays the due. However, this does not apply:

• for civil servants;
• military and law enforcement officials;
• rescuers and firefighters;
• workers in hazardous industries;
• housing and communal services specialists;
• emergency doctors.

The rest may legally not go to work, having previously notified the authorities in writing. At the same time, they retain the average earnings for the entire time of absence.

Contacting the labor inspectorate can speed up the process. In a free form, significant circumstances for the case should be stated. Sometimes one call from this body makes the manager more responsible for complying with labor laws.

When can you sue

If the above measures do not work, you should use judicial protection. Before filing a claim, you should address the employer with a demand to pay the debt and compensation. According to article 236 of the Labor Code of the Russian Federation, it is 1/150 of the current key rate.

Now the key rate of the Central Bank is 7.50%. Accordingly, for each day of delay, the employer pays 0.05% of the amount withheld.

The statute of limitations for wage arrears is one year (see). It is counted from the day following the last possible day of salary. In the example above, this is October 15th. Therefore, from October 16 of the current year until October 16 of the next, you can go to court.

In accordance with Article 11 of Federal Law No. 229-FZ of 02.10.2007, claims for the collection of wages are executed by bailiffs in the second place.

How to prove that the salary was not paid

The fact of violation of the rights of the worker is not so bad. He also needs to solve related problems. What should a person who needs to pay for an apartment (for a loan, alimony) do if there is no money coming in?

In this case, a certificate of wage arrears will help out: its sample is not legally established, so you can write it out in free form. It should indicate:

• name of company;
• Document Number;
• the period for which the employee did not receive money;
• the total debt.

The head certifies the certificate with his signature and seal of the organization. Usually this is enough to confirm the temporary insolvency of a citizen.

If an employer in business activities owes a salary to an employee, then considerable fines are imposed on him. Indeed, in recent years, penalties for business entities have been tightened. However, many employees still face this situation. Most of the workers expect the employer to pay the full amount and do not believe that this can be done easily. In addition to the basic salary, such employees are entitled to compensation for overdue payments.

Information on overdue wage arrears - form 3-f

The instructions that are required to fill out the overdue wages form contain a number of terms, including the meaning of wages and overdue. Wages include funds that were accrued by the company to the employee in the form of wages in cash for a certain amount of time worked. This includes allowances, bonuses, incentives, including accommodation and meals, which are paid systematically.

Certificate of absence of wage arrears - sample

A statement on the absence of wage arrears can be drawn up in any form, but in accordance with generally accepted legislation. It must be attached to the main package of documents, which is collected in order to confirm the absence of payments. The company has only three working days to issue such a certificate. Rules are established by labor legislation. The document must contain the following information:

• Current details of the company;
• Legal and actual address of the organization;
• Full company name;
• Contact details - in a particular situation, the name of the employee of the company.

Also, the certificate may contain information about the position occupied by the employee, for how long he has been cooperating with the company, as well as the amount of wages that he receives for a specific period without deductions to the tax service.

Calculation of wage arrears for the court

First you need to get a calculation of wage arrears in order to provide documents to the court. A letter with the condition of providing a calculation must either be taken to the company yourself and registered, or sent by registered mail with subsequent notification. In addition, require a copy of the orders for employment and dismissal. Just in case, ask for a copy of the work book.

After the calculation and other documents were provided in your hands, file an application with the court for the recovery of accrued wages that were not paid. Attach all collected and relevant documents to the application. The application should state your requirements and confirm this with legislative acts and attached documents.

If the decision is in your favor, the court will issue a writ arrears order. Sometimes, if there is no evidence, he may refuse to satisfy the claim. If he did this, you can go to court again, but taking into account the lawsuit. Also, only in this way you can recover unpaid wages if the company refused to issue a certificate with the calculation of your debt and other documents. In this case, the statement of claim is submitted independently to the court, and the calculation is made by the plaintiff, that is, the employee. During the process, the court will independently request the necessary documents from the company.

The statute of limitations for salary arrears

The statute of limitations for unpaid wages is 90 days. However, the employer must tell about this pass. In this case, you can apply to the court with a corresponding claim. If the employer says that the period has expired, the court will dismiss the claim. According to the law, it can be restored only in case of good reasons:

• Serious illness;
• Caring for a loved one and the like.

How to get wage arrears in case of bankruptcy of a company?

The answer to this question is controlled by the Federal Insolvency Law. According to him, first of all, settlements are carried out according to the requirements of employees to whom the debtor has an obligation. Also, calculations are made when paying benefits and remuneration of persons who work or worked under an employment contract. If the funds are not enough to satisfy all the conditions of the creditors of one priority, then the available amount is divided proportionally between all persons. Bankruptcy proceedings can usually take up to several years, so it can interfere with the quick receipt of the amount. At the same time, there are no guarantees that you will receive your amount, since it may not be enough even for employees of the second stage.

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Recently, the government has tightened preventive measures for entrepreneurs in case of wage arrears. However, despite the innovations, citizens still fall into this unpleasant story. At the same time, most employees hope that management will solve the financial problem on their own, but this happens quite rarely.

Employees of the debtor organization who find themselves in a difficult situation associated with salary delays should periodically monitor the degree of fulfillment of the company's obligations to them. With the right approach to the problem, despite the duration of the whole process, the money should be returned to their owner.

When identifying the fact of salary arrears, it must be taken into account that in some situations clear limitation periods are defined, after which it will be impossible to establish anything in different instances. Where do they issue certificates of wage arrears according to the model?

Extract from the law

With regard to the problem of delayed wages by the employer, the ways to resolve the issue in favor of the employee are approved by the regulations of the Labor Code.

At the state level, it was decided that payroll must be carried out at least twice a month (on certain days). In case of violation of the terms of payments for at least a few days, the employee has the right to demand compensation from the enterprise.

If the employer violates the established deadlines for paying accrued but not paid wages for more than two months for mercantile purposes, he faces criminal liability for misconduct.

Basic definitions

Salary is considered to be an employee's remuneration for the work done at the enterprise, according to the terms of the employment agreement. At the same time, the relationship between the employer and the employee can be formed on the basis of a formal employment contract or a verbal agreement. A verbal agreement is not a guarantor of payments, with this option of accepting an enterprise, the probability of resolving the issue is practically zero.

It is important to remember that the salary is overdue if the payment has not been made for more than one month, subject to its accrual, which may be evidenced by the financial statements in the form of a time sheet for the month.

How to deal with salary delays?

In the event of a wage arrears, the employee must write an application addressed to the employer with a request to transfer funds for the work performed in accordance with the employment contract.

Please note that in order to confirm the transfer of a letter of demand, lawyers recommend preparing two copies of the application in advance, one of which must be given to the employer, and the second remains with the employee himself to record the act of transferring the document indicating the date and registration number.

In a situation where the company is in no hurry to pay wages in a short time, the employee has every right to notify the employer in writing of the termination of employment until the debt is paid.

It is imperative to give the director a notice of suspension of employment so that the employer does not regard the absence from work as absenteeism, for which serious liability can be incurred in the future.

Sample Application

The employee has the right to notify the employer of the suspension of the performance of obligations, according to the employment contract, due to non-payment of wages.

Please note that the application must include:

1. Position, full name enterprise director.
2. Surname and initials of the employee, as well as his position.
3. Employee's signature.
4. The date the application was written.
5. Date and registration number on a copy of the employee's application (required so that the employee can justify his absence from work).

To return the money earned through the court, you will need to collect a number of documents and correctly write an application.

If an employee leaves without receiving payments for previous periods, then the company is obliged to issue a certificate of salary arrears to the employee, which will be needed when filing a lawsuit with the court.

What is a debt statement?

A document such as a certificate of wage arrears, a sample of which we will present in the article, is direct evidence of a debt on the part of the employer to the employee. Help like this might be helpful:

1. An employee of a bankrupt employer. In such a situation, the document is transferred to a crisis management specialist to include the citizen in the register of creditors' claims. An enterprise that delays or does not pay wages at all is obliged to submit (according to the model) a certificate of wage arrears for the court.
2. To the employer who files for bankruptcy. Such a certificate is useful for accounting for the total debt to all employees, and is also taken into account when describing the property.

If an employee of the organization has credit obligations, then he has the right to request from the employer a certificate of wage arrears for the bank on the model of the enterprise. This document is one of the evidence in court of the fact of the formation of debt.

What does a debt statement contain?

A correctly completed “header” of a certificate of wage arrears (a sample is available in the article) is a prerequisite. It should include the following aspects:

• details of the organization;
• the actual address of the enterprise;
• company name;
• contacts of the employee, which may be needed if you have questions.

The certificate itself must contain the following information:

• the position occupied by the employee in the enterprise;
• the actual time that the employee worked for the employer;
• the amount of wages.

In the future, this document is signed by the accountant and the head of the organization. Their signatures must be certified by the seal of the company.

What does a payroll arrears look like?

A sample document of this type may be useful, for example, for an employer to submit to the labor inspectorate in the event of a dispute with an employee regarding salary delays. It is also necessary to draw up an agreement with the bank for making accruals to the settlement accounts of employees. In the certificate it is recommended to indicate the fact that the company has paid insurance premiums to the Pension Fund and the Federal Tax Service.

There is no special sample for filling out a certificate of wage arrears. The document is filled in free form. The wording of the document is set out on the letterhead of the organization or on a white sheet of A4 format with all the regalia of the enterprise.

Where to contact an employee in case of debt

In order to receive wages, you need to apply to several instances with claims at once:

• to court;
• prosecutor's office;
• labor inspection;
• to the company director.

If the employer does not respond to the employee's demand, then such ignoring is a legal basis for contacting higher authorities to analyze the situation. These organizations will not only recover unpaid wages from the debtor, but will also force the company to pay accrued interest on this amount.

The labor inspectorate works to ensure the safety and control of labor legislation. To do this, it is necessary to send a certificate of wage arrears drawn up according to the model to the labor inspectorate. Such a written request will be the reason for an unscheduled inspection of the enterprise. If the organization specifically did not make salary payments, then its head will be held liable - fines will be applied to it and a conclusion will be issued to eliminate the problem.

If the enterprise does not take steps to get out of the difficult situation within the time period indicated earlier, the labor inspectorate has the right to send a written complaint to the court. This authority helps employees to draw up a statement correctly and according to the model.

A certificate of wage arrears is sent to the prosecutor's office together with all other documents that the employee managed to collect. Then there is a prosecutor's check to clarify the circumstances of the offense.

To return money through the court, a citizen must draw up a claim that will contain the following information:

• in the "cap" indicate the name of the court and full name. claimant;
• a detailed statement of the reason for initiating a criminal case;
• exhaustive conclusions arising from the established motivational part;
• plaintiff's signature;
• Date of preparation;
• an indication of the list of documents that are submitted to the court.

Conclusion

A certificate of salary arrears is a document that confirms insolvency and substantiates the employee's claims against the organization. The law does not provide for any regulation on the execution of such a document. But it must be remembered that it is drawn up taking into account the situation in connection with which it was required.

When conducting litigation with counterparties and / or inspectors, at any time it may be necessary accounting certificate for the court. We will tell you how to arrange it with maximum benefit for the enterprise.

What role does

In practice, one of the most common accounting certificates for the court - about debt. Accounts receivable and/or payable. She simultaneously performs:

• supporting document (doubles the necessary information from accounting and tax accounting);
• we prove to the court and the parties to the conflict the existence of specific facts.

Form and content

Required sample accounting statement for court can be drawn up in the most general form, since the law does not establish either a mandatory or recommended form of this document.

The main thing is that it contains accurate, legally competent and relevant references to the provisions of the law, as well as reference data that the company wants to confirm or refute in court.

Please note that in recent times, courts are increasingly accepting free-form accounting statements as proper evidence in a particular dispute.

Keep in mind (!): Article 313 of the Tax Code directly calls the accountant's certificate (along with other "primary documents") a document confirming tax accounting. And any court has no right to ignore this normative rule. Including on the grounds that the mandatory form of such a certificate is not established by law.

Any accounting certificate for the court it is better to prepare on the letterhead of the organization.

Keep in mind: It is not necessary to refer in this certificate to the fact that it is issued specifically for judicial purposes. But for it to be signed not only by the chief accountant, but also by the head of the organization, it is very desirable. This will give evidence weight in court.

Example

Let's just say that one such accounting statement for the court won't be enough. But at the same time, its absence does not affect the legal force of the rest of the "primary" in any way.

A certificate of the absence of wage arrears is drawn up and issued at the request of employees or supervisory authorities. Experts will tell you how to draw up this document and what should be reflected in it.

From the article you will learn:

Who draws up a certificate of absence of wage arrears?

The Labor Code of the Russian Federation contains, establishing the liability of the employer for or other amounts of money due to the employee. Other payments include:

• annual leave pay;
• payments and compensation due to the employee upon dismissal or reduction;
• other payments made by the employer.

According to the Labor Code of the Russian Federation, in the event that, for any reason, the employer violates the established deadlines for these payments, he will have to compensate for the delay in cash at the rate of at least 1/150 of the key rate of the Central Bank of the Russian Federation in force for this period. Compensation for the actually unpaid amount begins to accrue from the next day after the day on which the payment should be made. Accruals are made inclusive until the day when the debt to the employee is repaid. Compensation for late payment of amounts due to the employee is accrued regardless of whether the employer is at fault.

Note! collective agreement or other local regulatory act of the employer, the coefficient by which compensation for delayed payments is calculated may be increased.

Since the employer is obliged to keep records and produce, it is he who has information about whether the organization has a debt. He is also obliged to issue a certificate of absence of wage arrears at the request of the employee or regulatory authorities.

At the same time, such a document, regardless of whether it contains information about the absence of debt to the employee or information about the presence of such a debt, may bear the general name “Certificate of the absence of wage arrears”.

• 
  What will help: find out what measures are provided by law for employers who delay payment of wages.

• Is the employer liable for late payment of wages if it is delayed due to the fault of the bank, and not the employer
  What will help: find out if the employer faces a penalty for delaying wages if it occurred through the fault of the bank.

• What is the liability for late payment of wages?
  What will help: find out what punishment for delaying wages to employees is provided for officials and what - for the enterprise.

In what cases is a certificate of absence of salary arrears issued?

There are several situations when an employer will need to officially confirm or deny the absence of wage arrears in relation to an employee:

1. Enterprise bankruptcy. In this case, a register of creditors of the organization is compiled, which includes its employees, to whom the company has debts. To be included in the register, the employee must submit to the arbitration manager a certificate of absence of wage arrears. The bankrupt organization itself must also confirm the existence of payables for wages accrued, but not paid to employees. Accounts payable on wages are repaid at the expense of the value of the property of the enterprise directed to cover the claims of creditors.
2. Participation of the enterprise in tenders or conclusion of contracts with contractors. In these situations, a certificate of the absence of salary arrears is a confirmation of the financial reliability of the company, that it fulfills its obligations.
3. non-payment or. In this situation, the employee has the right to file a complaint with the State Labor Inspectorate (GIT) or file a lawsuit with the judicial authorities.
4. Verification of compliance by the employer with the requirements of labor legislation. When conducting an inspection, GIT inspectors may request information about the absence of wage arrears as confirmation of the employer's fulfillment of its obligations.
5. Getting organizations subsidies from the budget.

The organization is obliged to provide information on the total amount of debt to the statistical authorities. This information is submitted according to the unified form No. 3-F. A sample form of Form No. 3-F is shown in the figure.

Experts "" will help you to correctly format the information issued at the request of employees.

Question from practice

How to issue a copy, certificate or statement at the request of an employee

Answered by Ivan ShklovetsDeputy Head of the Federal Service for Labor and Employment.

Get a written application from the employee for a certificate, extract or copy of the document. Help is compiled in any form. Reflect in it information about the employer, the date of issue and document number, destination, details and signature of the compiler of the certificate, put the seal of the organization. You will learn more about how to issue copies of documents, a certificate or an extract, from our recommendation.

There is no unified form of such a document, therefore it can be drawn up both in the form of a certificate and in the form of a letter. The employer has the right to develop and approve the form of such a document in order to use it in the accounting policy of the enterprise.

An internal document presented during inspections of the State Inspectorate may contain general, depersonalized information by category of employees or divisions. Such a certificate of the absence of salary arrears, a sample is shown in the figure below.

There are additional requirements for an external document issued to an employee. In accordance with GOST R 7.0.97-2016, which entered into force on July 1, 2018, the mandatory details of an external certificate of the absence of wage arrears include:

• the name of the organization that issued the document, its reference data, postal code and address, contact numbers;
• surname, initials of the employee in whose name the certificate is issued, information about the unit and position in which he works;
• registration number and date of registration of the certificate;
• the name of the document (if it is in the form of a letter, the name of the document does not need to be indicated);
• position, surname and initials of the person who issued the certificate;
• signature of the head of the organization.

A certificate or letter on the absence of salary arrears, a sample must contain:

• introductory part, which indicates to whom and for what purpose this certificate of absence of wage arrears was issued;
• main part, containing the requested information in tabular or text form;
• final part, containing information about the person who compiled the certificate and the signature of the head.

Note! In order to avoid errors and to reduce the time for issuing a document, it is recommended that a certificate of absence of salary arrears be drawn up on the company's letterhead.

Certificate of absence of salary arrears, a sample is shown in the figure.

If there is a wage or other debt to the employee, the amount of the debt must be indicated with reference to a specific date. In the case when such a requirement is indicated in the application, the employer is obliged to present the debt broken down by months. It is advisable to indicate in the certificate the executor of the document and his contact phone number, so that, if necessary, clarifications can be obtained.

To register and record the issuance of certificates of the absence of wage arrears, start a special journal. Upon receipt of the document in hand, the employee will have to put his signature in the journal indicating the date.

A certificate of absence of wage arrears, if necessary, is issued by the employer. The information specified in the document must correspond to the information that is contained in the financial statements as of the date of its issuance. The form and composition of the information reflected in the certificate must correspond to the purposes of the request.