Information on Safe Migration
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assisting in the realization of civil and social rights
What to do if a foreign employer does not pay wages: procedure using Russia as an example
20.02.2023
Working abroad can be fraught with certain fears and risks, especially if you are going to work abroad for the first time. Therefore, it is always better to calculate different scenarios in advance and familiarize yourself with the algorithm of actions in unforeseen situations. One such situation is when an employer refuses to pay a foreign employee's salary.
The first thing that will protect your work in another country is, of course, a labor contract. It is better not to work illegally, because if the employer turns out to be dishonest, you simply will not be able to prove that you worked for that person or company.
If you are communicating with the employer on social networks or messengers and see that your rights are being violated, take screenshots. The correspondence will hardly be the only evidence of dishonesty, but nevertheless, having additional evidence that your rights are being violated will not hurt. What to do if you are refused payment of wages in Russia:
1) Make sure that the salary is really being withheld. The terms of salary payment can be regulated by the company itself, they must be stated in the employment contract. But these deadlines should not contradict those specified in the Labor Code of the Russian Federation. According to it, the salary must be paid at least every half month. The deadline for payment is 15 calendar days after the end of the period for which it is accrued. If the day of payment coincides with a holiday or weekend, the salary must be paid before that day.
2) If the salary is delayed for less than 15 days, you can write to the employer a statement (in two copies) demanding payment. Send the first copy to the employer and keep the second for yourself, but first ask the employee who accepts it to write the registration number, date, position, full name and signature on it. This is necessary so that you have confirmation that the statement was actually sent and received by the employer. If it is not possible to obtain a mark confirming the acceptance of the statement, then send it by registered mail with acknowledgment of receipt and inventory of the contents.
3) If even this did not help you to receive your salary or it is delayed for more than 15 days, you have the right to suspend work. To do this, send your employer a statement of suspension of work due to delayed payment of wages, also in two copies. Do the same with the second statement as in the previous paragraph. The statement of suspension of work gives you the right not to be present at the workplace, but your average earnings are preserved. However, there are several exceptions in which you do not have the right to suspend work:
• During martial law or a state of emergency;
• If you are a civil servant, a military personnel, or work in a paramilitary organization / law enforcement agencies / eliminate natural disasters or emergency situations
• You work in the field of ensuring the жизнедеятельности of the population (ambulance stations, energy supply, water supply, etc.)
As soon as you receive your wages, you will be obliged to return to work the next day after.
4) If this does not help, then you can only turn to higher authorities.
To prevent a labor dispute, you can contact:
• The State Labor Inspectorate of your region (through the website)
• The city, district, or special prosecutor
• The trade union organization, if there is one
To resolve a labor dispute, file a statement with the labor dispute committee (if any) (within 3 months) or a statement of claim to the city court at the address of the employer or the place of residence of the employee (within 1 year).
You can find the labor inspectorate of the region in which you work at the link. Just click on the desired area: the site will immediately show you the address and phone number of the inspectorate.
Do you have any questions? Contact us by calling the hotline:
8-801 201 5555, for calls within the Republic of Belarus, from landline phones and mobile operators A1, MTC, life:) the call is free
+375 162 218888, for calls from abroad and within the Republic of Belarus - payment according to long-distance tariffs
113, free code-free calls from landline phones within the Republic of Belarus
Also send your questions to the email address: bpwbrest@mail.ru.
Please indicate your name, gender, age, and citizenship. Anonymity and confidentiality of your inquiry are guaranteed.
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