What are the features of the simplified debt collection procedure? How does the debt collection service work when returning utility debts? When and by whom is it possible to purchase debts?

Hello everyone who visited our site! We have an expert with you - Denis Kuderin.

We continue the series of articles about loans, debts and their timely repayment. The topic of this publication is “Debt Collection”. The material will be of interest to both debtors and creditors.

Those who read the article to the end will receive a guaranteed bonus - tips on how to deal with a debt collection service in order to avoid trouble and maintain mental health.

1. What is debt collection?

In recent years, due to the worsening economic situation in Russia, many citizens' income levels have decreased.

At the same time, prices for services and goods are constantly rising, which negatively affects solvency and the ability to repay debts on a timely basis, including loans and borrowings.

According to economic dictionaries, duty- this is a sum of money taken by one person from another person for a specific period under certain conditions and must be returned.

The final part of the definition is especially important. The debt must be repaid in full - with interest due and on time. Failure to repay the debt entails the accrual of fines, late fees, and other sanctions from the creditor.

But what to do when the debtor does not repay the debts? In this case, the creditor has the right to initiate debt collection proceedings.

There are three stages or types of debt repayment:

• pre-trial procedure;
• judicial;
• extrajudicial.

The lender has the right to use any method of debt repayment that it deems necessary. The most preferable option for both parties is pre-trial settlement of the dispute. In this case, there are no costs for legal proceedings and the time of the collection procedure is reduced.

In some situations, it is more profitable for the creditor to initiate legal proceedings. Financial organizations and individuals can collect debts in a simplified manner. To do this, the situation must satisfy certain conditions.

For example, you need a loan agreement providing. Either there must be unconditional recognition of the fact of the debt by the debtor himself or the presence of a receipt as indisputable evidence of the transfer of money.

In such cases, writ proceedings are initiated, which, unlike executive proceedings, are carried out in an accelerated manner and do not require the presence of the defendant at the court hearing. The result of accelerated paperwork is an order to forcefully collect the debt or reclaim the debtor’s property.

Since January 2017, authorized structures have the right to collect debts for utility bills in a simplified manner. Organizations initiate legal proceedings, the court, based on the evidence presented, issues a writ of execution, which is sent either directly to the debtor’s bank or to his place of work.

As a result, the required amount is debited from the defaulter’s account or salary. In this case, no one asks the debtor for consent to the procedure - the decision is made unilaterally. However, a citizen has 10 days to appeal the court decision.

The procedure is undertaken in relation to willful defaulters whose debts exceed a certain amount. In the same way, authorized structures have the right to deal with alimony debtors.

More details on this topic can be found in the article “”.

2. What are the types of debt collection - 3 main types

Creditors have the right to return their funds by any means - of course, within the law. In turn, the debtor has the right to offer his own settlement option if he does not have time to return the money within the agreed period.

Now let’s learn more about the most common methods of debt collection.

Type 1. Pre-trial collection

The pre-trial debt collection procedure allows the creditor to return his funds without involving the court. To do this, the lender needs to convince the debtor that the debt will still have to be repaid, but it is better to do this without involving third parties.

If repayment on the appointed date is impossible for some reason, the parties agree to postpone the “X-hour” to a later time or agree to restructure the loan. In this case, the terms of the loan change.

View 2. Judicial collection

Legal proceedings are a very effective way to return funds, provided that the fact of transfer of money is documented and proven. In the case of bank loans, there will be no problems with evidence, since the creditors have in their hands a contract drawn up in accordance with all the rules.

In the case of private loans, the main evidence is a receipt, also drawn up in accordance with all the rules. If there is no such receipt, the chances of winning the case are reduced. To prove the fact of a debt, you need witnesses or other evidence of the transfer of money.

The following is considered evidence:

• Internet correspondence with relevant content;
• SMS messages confirming the fact of the debt;
• audio and video recordings.

The result of a successful trial for the creditor is a writ of execution or an order for the forced return of funds. The debtor has the legal right to appeal the judgment within a specified period.

True, the presence of a writ of execution does not guarantee a 100% return of money. This document still needs to be “cashed out”. The writ of execution is handed over to the bailiffs, who choose the most appropriate method of collection.

For example, they can seize the debtor's property and then sell it at auction. Or the sheet is sent to the borrower’s place of employment, and the funds are debited from his salary. The document can be transferred to a pension fund, an educational institution or to the debtor’s bank, if it has funds in its account.

View 3. Extrajudicial collection

The creditor has the right to assign the debt to third parties - companies that professionally engage in debt collection. These organizations are called collection agencies. They operate on a commercial basis and charge up to 50% of the existing debt for their services.

Transferring the collection procedure to third parties is especially popular among banking institutions. Loan agreements usually contain a clause that gives banks the right to resort to this method of influencing debtors in the event of the latter’s failure to fulfill their obligations.

Fortunately for negligent payers, the powers of collectors have recently been strictly limited by law. In fact, they have no more rights than employees of so-called bank call centers. Their main function is to inform the client about the occurrence of debt.

Claimants are prohibited from:

• threaten the health and property of citizens;
• humiliate the dignity of the debtor;
• address certain categories of citizens - in particular, mothers of children under 1.5 years of age and pregnant women;
• mislead the debtor about the debt;
• disturb more than three times a week.

In a civilized society, a professional debt collector is not a threatening figure, but a kind of “debt doctor” who helps “patients” find the most acceptable way out of the current situation.

Of course, professionals have their secrets and tricks that help them achieve success, but a person with minimal legal literacy is able to effectively resist the pressure of collectors and protect their legal rights.

In the table, the disadvantages and advantages of each debt collection method are presented in visual form:

3. What tools are used to collect debt?

We've sorted out the types of collection, now let's move on to the tools.

Banks and individuals use many options to influence the debtor. The main goal of such events is to constantly keep the loan recipient informed about the existing debt and motivate him to repay the funds.

1) Phone calls

Calling the debtor is the first thing bank employees do when they discover overdue payments. First, a call to a mobile or home phone is made during business hours.

The first conversation in most situations takes place in a polite tone. No one will immediately scare you with sanctions and fines, threaten to transfer the debt to collectors, and generally put pressure on your psyche. You will simply be reminded that you have a debt and will be given a specific deadline when the debt needs to be repaid.

Further conversations will be more tough and specific. You may be invited to a conversation with a banking organization to resolve the issue on a voluntary basis. If you continue to ignore the lender's proposals, he has the right to move on to the next phases of influence.

2) SMS notification

In addition to calls, creditors and their representatives use SMS to inform the debtor. The content of such messages varies from extremely restrained to close to threatening.

Examples

“To avoid calls to your employers, urgently pay your loan debt. Best regards, NNN Bank."

“The longer you don’t pay, the larger your debt becomes. At the moment it is 50,555 rubles.”

“If you do not pay the debt by January 15 of this year, the bank will add you to the black list of persistent defaulters.”

Advice to debtors is to save all messages from the bank. May be useful in court proceedings.

3) Letters

Another type of influence is letters. They can also be neutral in content and threatening. In the latter case, save the document - again, to present it in court if the matter comes to trial.

4) Visit of a bank employee to the debtor’s home or work

If calls and letters have no effect within a month or two, the lender resorts to more effective procedures. Bank representatives or private lenders can come to the borrower’s home or contact them at their place of work.

Again, no one has the right to threaten the property, much less the health of the debtor, but such measures can cause psychological discomfort, a feeling of shame and a desire to pay off debts. And this is already enough for the lender.

5) Attracting collection agencies

As a rule, banks do not sell debt directly to collectors or do so in extreme situations. Typically, collectors act on the basis of an agency agreement with a financial company.

That is, collectors, in fact, act as representatives of banking organizations, although they act on their own behalf.

The actions of collectors are not always limited to legal limits. Even if they do not directly resort to threats and personal contacts, they can search for incriminating evidence on the debtor, find out his financial situation, and communicate with relatives and employers.

For example, they can meet with the parents of the defaulter and describe to them in full detail the consequences of non-repayment of the debt. Or post leaflets with relevant content in the entrance and on the doors.

4. How debt collection occurs - 7 main stages

Debt recovery in a situation where the debtor is not eager to pay off as quickly as possible is a gradual and lengthy undertaking.

Let's consider the main stages of this process.

Stage 1. Conducting a debt analysis

First of all, the creditor needs to analyze the current situation and try to find out why the debt arose. Perhaps the debtor is unable to repay the debt on time as a result of force majeure, illness, or dismissal.

If so, it is worth offering him to restructure the loan and postpone the repayment deadline. Sometimes such a procedure is beneficial to both parties.

It happens the other way around - the debtor says that he has no money, but he himself posts photos of his recent holiday abroad on social networks. The lender must monitor such facts and choose the best course of action.

Stage 2. Notifying the debtor and finding out the reasons for delays

The debtor must know that the creditor has not forgotten about him and is patiently waiting for his money to be returned. To do this, bank employees or individuals inform their “client” by all means about the existence of a debt or overdue payment. We have already talked about influence tools above - calls, SMS messages, letters.

Stage 3. Submitting a claim to the debtor for non-payment

The next step is a formal complaint. It is needed not only to notify the debtor, but also acts as an official document in legal proceedings. The paper confirms that the collection was carried out in accordance with all the rules.

The claim is drawn up in free form, but it must indicate the details of the debtor, the amount of debt, dates and deadlines. If the case goes to court, this document will need to be attached to.

Stage 4. Attracting collectors

If the steps listed above do not bring results, the creditor has the legal right to turn to third parties - collectors. These people know how to darken the life of even an incorrigible optimist.

Another thing is that there are not so many legal means in their arsenal - fortunately for the debtor and to the chagrin of the creditor.

Stage 5. Sending a notice of preparation to transfer the case to court

If the claimant understands that all methods of influence are ineffective, he has only one option left - to go to court. Not only banks, but also individuals, as well as collectors or debt collectors hired by the creditor have the right to do this.

But first, the debtor will be sent a notice that the lender has exhausted all methods and is forced to initiate legal proceedings. The defaulter will be given one last chance to repay the debt - for example, within 10 days. If he does not do this, trial will not be avoided.

Stage 6. Preparation of debtor documents for transfer to the legal department

To confirm the rights to collect a debt, a bank or an individual must prepare a package of documents. This includes contracts, receipts, promissory notes, deeds of transfer of property, and invoices.

You will also need evidence of an appeal to the debtors with a request to repay the debt - copies of letters, claims, postal receipts.

Stage 7. Trial

Debt cases are the most common processes in civil litigation. Claims are accepted quickly, but the proceedings themselves often last several months.

In a number of situations, a simplified procedure for considering a case and making a decision is allowed. However, in any case, the presence of a writ of execution or order is not a guarantee of a refund. Enforcement of a court decision is a separate stage of collection, the duration of which no lawyer can predict.

For a clearer idea of ​​the methods and stages of debt collection, watch a short video.

5. Who carries out debt collection - review of the TOP-3 companies providing services

If the creditor does not want or does not have the time to collect the debt on his own, he delegates this process to professional organizations.

Especially for our readers, we have prepared a review of the three most reliable and competent companies of this profile.

Lawyer Igor Yurievich Noskov will help residents of Moscow resolve debt collection issues.

Pre-trial settlement of a debt dispute, judicial resolution of a problem, actual collection of debts - any of these situations requires the participation of a professional with extensive experience and an extensive portfolio of successful cases, capable of understanding the situation and advising any of the parties.

You can sign up for a consultation with Igor Yuryevich by filling out a simple form on the website. After submitting your application, you will be contacted within 15 minutes.

Professional lawyers and advocates of this organization provide citizens and legal entities with a full range of debt collection services. Staff representatives of the “Credit Lawyer” use only legal methods in their work.

They assess the situation from a legal point of view and develop the most effective set of measures in a particular situation. Lawyers will help resolve the dispute out of court, provide support in court and speed up the enforcement process after a decision is made.

The International Collection Agency has been dealing with debt disputes and recovery of funds since 1995. The organization conducts, works with private creditors and takes on the most complex cases from a legal point of view.

In particular, the client will not receive a refusal, even if the debtor has gone abroad or is hiding. The company will help with the return of funds even if the statute of limitations has passed or the creditor does not have documents confirming the fact of transfer of money. If you don't know, just call the ICA and get advice.

OPG is a bar association operating since 2001. The main direction is the protection of entrepreneurs and commercial structures. The company collects debts, conducts bankruptcy and liquidation procedures, defends clients in court and assists in any legal disputes.

The firm's staff includes lawyers, attorneys, arbitration managers, professional appraisers and experts. All employees have extensive practical experience and qualifications confirmed by diplomas and certificates. The cost of debt repayment services starts from 9,000 rubles.

6. What are the statute of limitations for debt collection?

Limitation period is the period during which a creditor has the right to go to court for debt disputes. According to civil law, this period is 3 years.

The report starts from the first day of late payment. The limitation period for interest is calculated separately from the principal amount. If the plaintiff has a good reason, the statute of limitations may be extended by court decision.

So, if a creditor discovers that the debtor has failed to fulfill his obligations, he has the right to file a claim in court within 3 years. In the case of bank loans, the period of claim begins from the moment the client makes the last payment.

7. How to deal with a debt collection service - useful tips for debtors

And in conclusion, some useful tips for debtors. Paying off debts is, of course, right, but not paying off is not good. However, in life there are different situations - including those when there is no way to return the money.

Panic and going underground are not the best options for a debtor. Even less advisable is a hostile attitude towards the creditor and open confrontation. You must act calmly, wisely and within the law.

Tip 1. Behave as politely as possible

If a creditor reminds you that you have a debt, you should not ignore his calls and take the position of an ostrich hiding his head in the sand. Don't be afraid of personal contact - try to explain to your opponent why you can't pay now and when you plan to return the money.

At the same time, be as polite and patient as possible, do not deny the fact of the debt, but firmly say that at the moment you do not have the amount necessary to repay.

Tip 2. Save all letters that your bank sends you.

Be sure to save letters, especially those with threats and examples of psychological pressure. If something happens, there will be something to show to the judges to prove the unlawful actions of the creditors.

Tip 3. Record all telephone conversations

Let's say debt collectors threaten you or call you on your phone at night. In such a situation, the best thing is to record the conversation on a dictaphone and transfer (or threaten to do so) the recording to the prosecutor's office.

Remember, debt collectors cannot do anything to you. They simply do not have the legal right to do so. In conversations with them, insist that the speaker clearly state his name, surname, position, and the organization he represents. And immediately warn that the conversation is being recorded.

As a rule, after such a start, the collector quickly loses the desire to threaten, put pressure on the psyche and escalate the atmosphere. He might even hang up and never call again.

And the best option is to find a good lawyer (attorney) who will represent your interests. If you don’t have money for a personal lawyer, at least take advantage of free help.

Free and paid services can be obtained on the Pravoved website. This company works in all areas of law, but its main area of ​​activity is protecting the interests of ordinary citizens. Thousands of qualified lawyers cooperate with the resource, who can be contacted at any time via chat.

If necessary, hire a lawyer from your city through the website who will represent your interests in court or in pre-trial proceedings. The portal operates without breaks, holidays and weekends.

8. Conclusion

So, friends, let's summarize. Debt collection is the right of every citizen, financial organization or commercial structure. On the other hand, debtors also have the right to defend their interests by all legal means.

We wish our readers never to have financial problems! We will be grateful for your ratings and comments on the publication. See you again! Collection of receivables - a step-by-step algorithm of actions for debt collection + professional assistance in collecting receivables

Employers cannot violate their direct obligations to pay their subordinates. This violation is fraught with consequences. Employees, of course, can return the due funds through supervisory authorities or the court.

We will tell you what the procedure for collecting wage arrears is, what documents will be needed for the return - and we will determine how the debt is calculated.

What is considered a salary debt, and what debt has little chance of being repaid?

Based on Article 136 of the Labor Code of the Russian Federation, we can say that arrears in remuneration of workers can arise in several cases, due to:

1. Non-payment of the advance payment.
2. Non-payment of the main part of the salary.

By not making these payments, the employer automatically incurs a debt. As a rule, the employer must pay monetary compensation at least 2 times a month.

You cannot reduce the number of payments, but you can increase them. If the payment is not made at all, or is made partially, then arrears of wages are formed.

Let us remind you that debt can only arise if the employee is officially employed. If he works without a contract, receiving “black” wages, then it is unlikely that such a debt will be repaid.

Labor relations must be documented!

Effective ways to collect wage debts from an employer - pre-trial procedures for resolving labor disputes

The issue of returning wage debts can be resolved pre-trial and in court. Before going to court, a citizen should try to resolve the issue peacefully.

Almost all judges ask plaintiffs or their representatives how they resolved the problem with the employer, who will act as a defendant at the court hearing. If there was no pre-trial order, then third parties may be involved in the case.

Of course, it is better that the problem of collecting wages and debts is not resolved in court.

We list the ways in which you can return wage arrears:

Method 1. Contact your employer

First, a citizen can have a conversation with his boss and ask why there was a delay in payment.

After a couple of days, you can formalize and submit a claim to the employer. The document should indicate your wage requirements.

Method 2. Filing a complaint to the Labor Inspectorate

This regulatory body will help carry out the inspection, but the citizen will not receive funds through it.

Typically, a complaint is responded to in writing; the response contains information about the employer’s inspection and identification of the reasons for the debt. If the law has been violated and the employer’s guilt is confirmed, then administrative penalties will be applied to him.

The labor inspectorate may require the employer to pay the debt, but will not check whether he has paid it.

The Labor Inspectorate can be contacted by the employee himself, his legal representative or a member of the media. Everyone is required to answer.

Method 3. Filing a complaint to the Prosecutor's Office

Law enforcement officials will help you understand the situation, determine whether labor laws were violated, and hold the employer accountable.

Punishment can be both administrative and criminal. It all depends on the circumstances of a particular case.

Through the Prosecutor's Office, as well as through the Labor Inspectorate, you may not be able to achieve the return of arrears of wages, since specialists will conduct an inspection.

They may demand that the employer eliminate violations, but they will not control his actions.

This matter remains with the citizen, who will have to pay the back wages.

As practice shows, all these methods are effective. Employers, realizing that they will be caught up in court proceedings, pay off their debts. The main thing is not to be afraid and stand up for your rights, then the due payments will be in your pocket.

List of documents for collecting wage arrears

Let's figure out what documents are needed to collect wage debts, which ones to submit where.

Please note that the list of documents can be expanded. For example, you may need an extract from the work book, a copy of some pages, if the employee was fired or laid off.

What to do if you were illegally fired - read our article.

A complete list of required payments during a layoff, as well as what to do if the full salary was not paid during a layoff, can be found in this article.

Is there a statute of limitations for collecting wage debts through the labor inspectorate, prosecutor's office and court?

The statute of limitations for labor disputes regarding debt collection applies when contacting the labor inspectorate, law enforcement and judicial authorities. It is 3 months. It is during this period that the employee must have time to draw up and submit an application.

Delay in application may be due to valid, compelling reasons. But for confirmation you will need to submit documents.

For example, if an employee was hospitalized in a hospital and was undergoing inpatient treatment there, then an appropriate certificate must be attached.

It will not always be possible to repay the salary debt, it is worth remembering this - and meeting the deadline.

The judicial procedure for collecting and returning wage debts - the procedure for going to court and the trial

After a pre-trial resolution of the issue, the employee can go to court. This method is considered the most effective if the applicant has evidence of the violations committed.

If there is no evidence, claims will be rejected.

You will also understand how to act so that the judge is on your side, and the employer’s company pays the wages.

The procedure for going to court and considering the issue in this body is divided into several stages:

Stage 1. Collection of documents

An appealing citizen who has encountered injustice must write a statement of claim. It must be supported by the documents we indicated above.

Also important information is evidence of a pre-trial resolution of the issue. If you contacted your employer, the Labor Inspectorate, or the Prosecutor's Office, please attach all statements and responses from the authorities.

Stage 2. Filing a claim in court

The documentation should be submitted to the magistrate's court at the location of the employer's company.

Stage 3. Pre-trial proceedings

The course of the trial proceedings usually begins with a preliminary hearing. The plaintiff and the defendant are invited to attend. In the presence of the secretary, they can agree.

Almost 90% of cases are resolved at this stage. The employer agrees with the employee's demands and pays him the debt - and the employee, in turn, withdraws the statement of claim.

If the parties could not agree, the secretary informs the date when the hearing will be scheduled.

He can tell the parties what documentation is missing and what needs to be brought.

Stage 4. Trial

Based on the documents and evidence provided, the judge will make a decision. He may involve third parties to clarify the data - representatives of law enforcement agencies, labor inspectorate specialists, as well as other company employees (witnesses).

Important: through the court you can return not only the main salary debt, but also moral damage (Article 237 of the Labor Code of the Russian Federation), interest for late payment.

In addition, you can demand that the head of the organization who did not pay you part - or the full amount - for the work performed is held accountable.

Stage 5. Making a decision

If the claim is satisfied, a court order is formed. It is sent to the employer and employee.

The defendant in the case can challenge it; 10 days are given for this.

Stage 6. Sending the order to the FSSP

A court order has the same legal force as a court decision or decree.

Bailiffs will be involved in collecting funds from the debtor, so the plaintiff must take the order to the FSSP office in your area.

Remember , that, in accordance with Article 211 of the Code of Civil Procedure of the Russian Federation, arrears of wages for the quarter must be paid immediately!

No time deferments are provided for the employer.

The procedure for calculating and paying wage arrears by the employer - how much money should be returned and when?

Debt can be calculated using the following formula:

It is provided for in Article 236 of the Labor Code of the Russian Federation.

The payment will be calculated based on the actual amount, so the amount owed should be taken excluding personal income tax and insurance contributions.

Decree of the Government of the Russian Federation of June 1, 2012 N 543
"On approval of the list of documents according to which debt collection is carried out in an indisputable manner on the basis of writs of execution"

In accordance with Article 90 of the Fundamentals of the Legislation of the Russian Federation on notaries, the Government of the Russian Federation decides:

Approve the attached list of documents according to which debt collection is carried out in an indisputable manner on the basis of writs of execution.

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documents according to which debt collection is carried out in an indisputable manner on the basis of writs of execution
(approved by Decree of the Government of the Russian Federation dated June 1, 2012 N 543)

1. The document required for debt collection in an indisputable manner on the basis of a writ of execution under a loan agreement (pledge ticket) is a loan agreement (pledge ticket).

2. Documents required for debt collection in an indisputable manner on the basis of a writ of execution under a storage agreement:

storage agreement;

personal safe receipt.

3. Documents required for debt collection in an indisputable manner on the basis of a writ of execution under the rental agreement:

rental agreement;

a document confirming the transfer of property by the lessor to the lessee;

calculation of the tenant's debt, signed by the lessor and containing information on the amounts and dates of receipt of performance to repay the debtor's obligations under the relevant agreement.

By virtue of the Fundamentals of the legislation on notaries, in order to collect sums of money or claim property from the debtor, the notary makes writs of execution on documents establishing the debt.

A list of documents has been established according to which the debt is collected in an indisputable manner on the basis of writs of execution.

So, in order to collect a debt in an indisputable manner on the basis of a writ of execution under a loan agreement (pledge ticket), this agreement (pledge ticket) is needed; under the storage agreement - he himself and a personal safe receipt.

If we are talking about a rental agreement, the following materials are required. This is the contract itself; a document confirming the transfer of property by the lessor to the lessee; calculation of the tenant's debt, signed by the landlord. The latter should indicate information about the amounts and dates of receipt of performance to repay the debtor’s obligations under the relevant agreement.

Upon receiving the complaint, the inspector may not only issue an order to eliminate the debt and impose a fine on the employer, but may also decide to conduct an unscheduled inspection of the enterprise. This is one of the most unpleasant consequences, since the audit usually finds multiple violations. And according to the current legislation, a fine can be imposed for each shortcoming, unlike the previous version, when the most flagrant and “expensive” violation was taken to impose penalties.

Collection of arrears of wages

• name of the body to which the appeal is sent;
• personal data of the applicant (full name, residential address, feedback method);
• details of the organization in which the citizen is employed (name, legal address, full name of the manager);
• the essence of the appeal (that is, a violation of the employee’s rights, a demand for payment of wages and monetary compensation for its delay);
• arguing the applicant’s position (confirming the fact of the delay);
• amount of debt and amount of compensation;
• date of drawing up the appeal;
• applicant's signature;
• list of attached papers.

How to collect wage arrears from an employer

Of course, the best way out would be to come to an agreement with your superiors without resorting to extreme measures, however, if this fails, then you should not delay the resolution of this issue. You need to know that an employee cannot file a petition for debt repayment within three months, otherwise, later the statute of limitations will come into force, and there is a possibility of permanently losing his money. Therefore, write a statement without postponing this issue for long.

Wage collection: application, deadlines

Thus, in modern civil law, a general statute of limitations is established, which is equal to three years. That is, a person can count on the protection of his rights in court for three years from the moment when their violation actually occurred. If there are valid reasons, the statute of limitations is extended.

Collecting wage arrears: what any employee needs to know

The sanction of this article provides for both punishment in the form of a fine from one to fifty thousand rubles, and suspension of the activities of the enterprise and disqualification of an official - a ban on engaging in certain types of activities for a period of up to three years.

Statement of claim for recovery of wages and monetary compensation for delayed payment

There are shortened deadlines for applying to a labor court. For claims to collect wages, they are 3 months from the date of violation of the employee’s rights. If a dispute between an employee and an employer concerns the amount of accrued wages, then the period begins to run from the moment the employee became aware of such accrual (received a payslip, signed the statement, received money in a bank account). If the employer accrues but does not pay wages, the period will begin to run only if the employee is fired. Read more about reinstating the deadline in the article: “Reinstating the deadline for filing a lawsuit in labor court.”

The procedure for collecting unpaid wages to an employee through the court