Not registered at work and not paid. Useful video with instructions. If there was unofficial employment

Work without registration employment contract is fraught with unpleasant consequences. This is how you work and work, and suddenly they stop paying you a salary, pay less, or force you to do a job that you were not hired for at all. If so, this should alert you even in the first week.

An employment contract is a document with which you can confirm not only the fact of work, but also the size wages, and your responsibilities. Often the employer does not provide an employment contract until the end, and then says that you were not suitable for him. Moreover, you can simply receive compensation for unused vacation. Without work documents in hand, you have nothing to go to either the labor inspectorate or the court with. When, expect a catch!

In general, working unofficially has some disadvantages.

You can be told at any time that you have been fired, without following the dismissal procedure provided for by the Labor Code (LC), for example. To prove, you first need to prove the fact of work and the fact of concluding an employment contract.

According to Art. 67 of the Labor Code, if the employment contract is not concluded in writing, but the employee began work with the knowledge and on behalf of the employer, then the contract is considered concluded. In this case, the employment contract must be drawn up within 3 working days. If the employer has not drawn up an employment contract, then in the event of a dispute about dismissal or wages, you will have to prove in court the fact that you were allowed to work. In addition, you will have to prove that this is an employment contract, and not a civil law contract, for example, a work contract. Without any documents in hand, this is very difficult to do.

Work without registration the employment contract does not give you any guarantees of a social nature: contributions to the Pension Fund and the Social Insurance Fund, which means that you may not be paid for sick leave, and in the future, working in another organization, you may receive pennies on your sick leave. After all, average earnings are calculated for the two previous calendar years. If you worked unofficially, then the calculation will be appropriate. I would especially like to warn girls who may go on maternity leave in the future against working without registration. Take care of your future maternity benefits in advance.

If you not officially registered for work, then in case of dismissal, do not wait.

What to do if the employer does not provide an employment contract?

Your director can “feed you breakfast”, promising to draw up an agreement on this, on next week, but never fulfilled his promise. You have two options: either leave this organization, or stock up on documents in case of a legal dispute.

Request that an entry be made in the work book.

Ask for a certified copy of the employment order.

Ask for a copy of the work book with the entry entered into the job.

Stock up on copies of documents that contain your name and position: orders, instructions, travel documents, work assignments. But these documents must necessarily contain the signature of the manager. It is advisable to obtain certified copies.

If you have been working for several months, but the employment contract has not been drawn up, then ask for a certificate 2 personal income tax, a certificate for 6 months. about your earnings, which will indicate how long you have been working and in what position. Receive a certificate of earnings every 3-6 months. Similar certificates are needed to receive child benefits, benefits for kindergarten, registration of subsidies for public utilities, receiving financial assistance, therefore, your request for a certificate should not cause suspicion.

Salary certificates and copies work records may be required to obtain a loan.

Your requests for documents should not raise suspicions that you will run to court, otherwise they simply will not give you anything!

Take those documents that can confirm your position, your salary, and the start of work.

If you continue work without an employment contract, then be prepared for the fact that you will have to prove the fact of work or collect wages. It’s better that the documents you receive turn out to be unnecessary than that you then have nothing to go to court with.

Size .

Fired and

In order to protect the rights of workers, the legislator has determined what to do if the employer does not pay wages and other benefits due, but it is much more difficult to prove that one is right when there is no employment contract. Due to the fact that the implementation of labor relations is associated with financial support, disputes often arise between the parties to the contract and it is relatively easy to resolve them when you have official documents and certificates on hand. But unofficial employment excludes the presence of this kind of evidence.

Unfixed labor

Working officially is a guarantee for both parties that they will get what they expect. The employer will be satisfied with the quality of performance of official duties, and the employee will work with confidence that his efforts will be fairly rewarded. On the contrary, there is a procedure for employment without an employment contract, in which the head of the enterprise significantly reduces the amount of taxes paid, and is also free to make sometimes not the most legal decisions regarding the employee.

And the employee loses a lot of benefits, including: compensation for sick leave, a guarantee of timely and paid leave. Pregnant employees are at the greatest disadvantage, as they can hardly count on financial assistance on the part of the employer. And if a pregnant woman turned to her superiors asking for compensation Money, then few people will agree to grant the request due to the significant amount of payments.

Important! If it is established that a person was hired unofficially, the enterprise faces a fine, and more serious sanctions may be applied to management, including a ban on engaging in a certain type of activity and holding managerial positions.

But this does not mean that only officially employed workers can count on legal protection of their rights. So, if the employer does not pay wages or does not pay in full, then it is necessary to contact the labor inspectorate, which is responsible for resolving all work-related disputes.

Evidence and proof

The fact that work was performed unofficially is not a reason to remain silent if monetary compensation is not transferred. And you don’t need to think that no one will listen to me, since I worked in circumvention of the agreement. The commission takes into account all requests, regardless of the order of registration labor rights about relationships. But the process of protecting rights and recording violations will be somewhat different. So, if wages have not been paid for unofficial work, then the process of protecting workers’ rights will take place in the following stages:

• proof of the fact of work for the employer;
• establishment average cost work;
• analysis of funds received (if part was compensated);
• making a decision on the dispute.

Read also Average salary level in Belarus in 2019

The following documents will help you prove your case to an employee who worked unofficially:

• personally signed invoices;
• drawn up acts and time sheets signed by the worker;
• agreements in which the complainant is named among the participants.

This list is not complete and may include any papers related to the work performed, which confirm the participation of a specific employee in the work process. Considering that you won’t be able to get such originals, copies will do.

Subjects of protection

The legislator also provides other authorities to which to apply in order to protect their labor rights if they do not pay the required income. So, first of all, this is a court. Appeal to the judicial authorities takes place in the order of filing a petition. And you need to remember that the application must be about a request to establish the fact of labor relations. Without this stage there is no other way to achieve the required cash payments. The petition must indicate the following points:

• duration of duties;
• whether the question of how the salary would be paid was discussed and whether there were at least partial payments;
• indication of the reasons why the employees were not officially employed;
• list of official duties that were performed in different periods time;
• a list of attached evidence, including a list of witnesses.

Having considered the package of submitted papers, the court makes a decision to satisfy the claim or refuse to confirm the fact of completion of the work. If the petition was granted, then after entry into force court decision It is possible to file a further complaint, asking the employer to force the employer to compensate for the delayed wages. If a refusal was received and decision the plaintiff is not satisfied, then it is permissible to file a complaint in another court, but after additional collection of evidence.

You can also write an appeal to law enforcement agencies, such as the police and the prosecutor's office. These structures will not only conduct a full inspection of the enterprise in order to identify other unofficial workers, but will also collect evidence of the applicant’s employment. As a result, legal sanctions will be applied to the manager. But these structures cannot oblige the boss to reimburse the withheld salary, so going to court is inevitable. But, you need to remember that the maximum period for filing a complaint with any of the authorities is 3 months from the first day of delay.

Unemployment is one of the problems of our society. In order to somehow survive, many citizens work unofficially, without an employment contract.

There are also often cases where, although salaries are calculated officially, a smaller part of it is processed through accounting, and large “gray” amounts are given directly to employees, without being reflected anywhere.

And often, when parting with an employee, such an employer either does not pay him anything at all, or pays only what is written in the employment contract. What can be done here?

In contact with

In what cases can you recover after dismissal?

First of all, it is worth understanding what the relationship is between an employee and an employer who does not formalize an employment contract. However, the work itself was performed - therefore, it must be paid.

In this case, this method helps: by any means, the fact that the person worked unofficially is recorded.

Anything can be here:

Any documents that we could find. For example, if there are no accounting statements, but there are simply lists indicating the amounts for which employees signed, and a copy of such a list was obtained - this is excellent evidence.

Testimony of witnesses who saw the fact of work (it’s best when they also collect wages - and confirm each other’s words).

Voice recorder recordings, videos, photographs, etc.

Based on all this evidence, a statement of claim and goes to court. In it, the plaintiff demands payments not for work, but for work performed or services provided - within the framework of civil law.

It is impossible to predict in advance how successful such a step will be. However, there is a chance of winning the case if there is enough evidence.

What to do before you quit

If the “black” or “gray” salary is not paid, but the employee has not yet left, there is a way to put pressure on the employer.

The fact is that payments “in an envelope” are almost always tax fraud. Therefore, you can hint in a conversation with your employer that you are going to complain to the local office tax office. Sometimes this helps to achieve payment in full.

However, it is worth remembering: most likely, after this you will have to leave - it is unlikely that the owner will tolerate an obstinate employee.

In addition, you need to remember: black wages are a double-edged sword. The employer breaks the law, but the employee also hides his income and does not pay VAT. Usually there are not the amounts for which the tax authorities will open a case - however, there is a risk that the employee will also be held accountable.

You can also go to court, but not for collection of unpaid amounts, but with a demand to recognize the employment contract as concluded. The fact is that Art. 16 of the Labor Code of the Russian Federation indicates that labor Relations arise from the moment the employee was allowed to perform work - even if the employment contract was not concluded, or was concluded with violations. In this case, the problem will be not so much in proving the fact of work, but in the specific amounts of a gray or black salary.

Where else to complain

Besides tax worker who is not paid a black or gray salary, it makes sense to write a complaint to the prosecutor’s office. The employees of this body will not help you recover money, but the inspection materials may turn out to be evidence in court.

In addition, the very fact of contacting the prosecutor’s office may force the employer to pay the missing amount. This, however, is more related to psychological pressure - but, however, the method quite often works.

A complaint can be submitted either by mail or in person. If you call the prosecutor's office, you can find out how and when such a reception is carried out even from the prosecutor himself. Assistants are available on any working day.

It is much more effective to contact the labor inspectorate. You can do this like traditional way, by writing an application and giving it to the employee on duty, or using online services. In the latter case, you will still have to fill out an application on paper - but the inspectors will begin to act earlier.

If it is proven that people work at an enterprise or individual entrepreneur without employment contracts, he will face a fairly significant fine. Therefore, it should be noted that the threat to contact the inspectorate can be used in negotiations with the employer.

Looking through messages on forums and all kinds of blacklists on social networks, every now and then I come across a post that seems to be written as a carbon copy: “if the employer does not formalize it, tell me what to do?” Unfortunately, this is not spam, but the real pain of specific people whose rights are violated. How to act in similar cases and where to look for justice?

You can't argue with the Labor Code

The Labor Code clearly defines the provisions governing the terms of concluding contracts and official employment of employees.

We read article 67 and find out that in three days from the moment the employee “takes up his post”, he is required to sign all official papers. If this does not happen, it is worth demonstrating to the HR department your knowledge of the law and reminding you of the need for registration. Couldn't you resolve the issue peacefully? Where to complain if the employer does not formalize it, despite the promises made? All paths lead to the Labor Inspectorate.

On a note! When contacting the Labor Inspectorate it is worth insisting on anonymity. Perhaps this will eliminate problems at the new place after an inspection by inspectors.

Some employers think that the absence of a piece of paper with text or the absence of a signature on it relieves them of responsibility. There seems to be no documentary evidence of hiring?! How wrong they are. In the same article 67 we find the provision that if a person began his duties by decision of management (company representative) or informed about the beginning labor activity employer, then official employment has actually occurred.

Why don't they want to register?

The answer to the question of why the employer does not formalize it lies on the surface. As soon as a document appears (a copy of it must be given to the employee) and an entry in the labor record, a headache in the form additional expenses is added:

it is necessary to pay a monthly salary and make contributions to insurance, pension and tax;

pay sick leave or maternity leave;

provide leave (and look for a replacement for this period) or pay compensation.

On a note! A new entry in the employment record must appear no later than 5 days from the actual start of work.

An established employee cannot be kicked out of the door without explaining the reason, because today few people will tolerate illegal dismissal. By the way, if you are shown the door after at least 3 days of work, you can safely go to court. The main thing is to have evidence that you have worked. You can use them as:

any information or documents to which you had access during your employment;

testimony of colleagues (usually two people are enough for the court to side with the illegally dismissed person).

We are not talking now about cases where delays occur due to the fault of an employee, for example, he did not bring documents, or due to reluctance to take on a “pig in a poke.” In the latter case, by the way, those who promise to formalize after probationary period breaking the law again.

The trial cannot last more than 3 months.

Its completion must be mentioned in the employment contract.

Before the start (!) of the probationary period, it must be formalized (indicating the amount of remuneration). Only in this case can you start working.

About salary and sick leave

Many people are concerned about how to collect their salary if it is not formalized? Unfortunately, in in this case You can only get your honestly earned money through the court, proving both the fact of employment and the amount of earnings.

Legal proceedings will be required to be paid sick leave if not formalized, and payments of any benefits and compensation have been issued.

What threatens an unscrupulous employer?

For violation of the law, the employer will be held liable - administratively or even criminally - and this can also be correctly reminded when trying to resolve issues peacefully.

For violation Labor Code According to Article 5.27 of the Code of Administrative Offences, the fines are:

for officials – 1000-5000 rubles;

for individual entrepreneurs - a fine in the same amount can be replaced by a ban on carrying out activities for 90 days;

for legal entities – 30,000-50,000 rubles. (or a ban on activities for 90 days).

On a note! If your complaint is not the first, then the manager will be banned from holding a leadership position for 3 years.

But for non-payment of taxes, which are required to be deducted from employee salaries, the punishment is more severe - up to 2 years in prison.

Where to look for protection?

If they don’t officially register for a job, then where to go?

To begin with, it is worth talking with the employer, using arguments as references to articles of legislation. Jokes and jokes can remind you of responsibility. If the interlocutor does not heed the voice of reason, then all that remains is to seek protection on the side.

The main guardian of fairness in employee-employer relations is the Labor Inspectorate. You can contact it either orally (an anonymous call to the services for citizens' complaints) or in writing, and it is proposed to send a complaint today online on the official website. There you can also study the list of unscrupulous employers to save your nerves. Based on your message, a check will be carried out, which will certainly produce results.

On a note! You can also initiate a tax audit by complaining to the Federal Tax Service. Tax officials really don’t like those who underpay taxes, and employers are very afraid of tax sanctions.

The court remains the last resort. You will have to write a statement of claim and collect evidence of your own employment. Instead of an employment contract, which is usually used, a pass for workplace, or any papers issued to you by the accounting department as an employee. The witnesses named in the claim will be required to attend the hearing, regardless of their will, and give truthful testimony.

What points should you be wary of?

It is unlikely that there will be employers who will say in plain text that, in fact, they are not going to hire you. Most likely, one of the tricks will be used to get, even if only short term, but free labor.

If you hear the following phrases, think a hundred times about whether to hire for a vacant position.

The director cannot sign the contract because he is sick, on vacation, etc.

Rewrite the application submitted 3 days ago without errors, but put the date today.

Today it’s impossible to get it done, since the accounting department is very busy (filing reports, auditing, etc.).

Often, employees themselves give a free hand to dishonest employers. Some naively believe promises, others ignore them negative reviews, still others simply do not know about rights. Before hiring, soberly weigh the pros and cons, and even if the work is very necessary, do not rush to become someone who is ready to work for free.