Where to go if you did not pay or delayed wages – explained the experts

How to protect your rights and where to apply when wages are incorrectly paid or not paid on time. This was told to the correspondent of the Minsk-Novosti agency in the Committee on Labor, Employment and Social Protection of the Minsk City Executive Committee.

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According to the employment contract

- In accordance with Chapter 17 of the Labor Code, unresolved disagreements between the employer and the employee related to labor legislation, agreements, other local legal acts prescribed in the employment contract, in particular, remuneration, are an individual labor dispute, the ministry said. The reasons for such a dispute may be incorrect calculation of wages, as well as late payments or partial transfers of payments.

The Committee on Labor, Employment and Social Protection of the Minsk City Executive Committee drew attention to the fact that individual labor disputes are considered by the commission or court created in the organization.

- At the same time, the labor dispute commission acts as the primary body to consider differences between a trade union employee and an employer. If an employee is not a member of a trade union organization, he can choose where to turn to him: to the commission or to the court, the experts said. The main thing is that it is important to do this within three months from the date of violation of rights.

If the contract is signed

The Ministry stressed that legal entities and individual entrepreneurs can attract citizens to work not only under labor contracts, but also under civil labor contracts, which include the contract.

Obligations arising on the basis of the latter are not subject to the Labor Code. They are regulated by the norms of civil legislation and Presidential Decree No. 314 “On some measures to protect the rights of citizens performing work under civil law contracts,” the Committee on Labor, Employment and Social Protection commented. Thus, the norms of legislation on remuneration, including payment terms, do not apply to these legal relations, since remuneration under a contract is not salary.

Disputes arising from civil law relations are subject to judicial consideration. In addition, the State Labor Inspectorate can make claims for the elimination of violations. In case of their non-execution, the decision is transferred to the enforcement bodies. Therefore, if there are problems with the calculation or payment of wages under a contract, it is necessary to contact the territorial division of the Department.