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The Federal Labor Inspectorate may obtain the right to apply to the court with a demand for the protection of employees' rights

12.10.2017

State Duma deputies proposed that the Federal Labor Inspectorate be entitled to apply to the court with a demand to protect the rights of employees, including the collection of wages, which were assessed but not paid to the employees.

According to the bill, Rostrud will be empowered to apply to the court with applications to defend employee labor rights, including in defense of the labor rights of an indefinite circle of persons, and represent the interests of the employees in court.

Currently, an employee's self-referral to a court with a claim for recovery of a payment is difficult because the employee does not simply need to obtain the necessary documents from the employer, but also has to bear additional financial costs.

As a result, for the restoration of their violated rights, employees apply most of all not to the court, but to the Labor Inspectorate and the prosecutor's office. However, these authorities only have the right to hold a guilty employer to administrative liability and do not have other means to compel the payment of wages to the employee (part 1 of Article 5.27 of the Code of Administrative Offenses).

It should be recalled that the following liability is provided for non-payment or delay in payment of wages:

- for an official, a warning may be issued or a fine of up to 20,000 rubles may be imposed,
- for  individual entrepreneur - a fine of up to 5,000 rubles,
- for legal entities - a fine of up to 50,000 rubles (part 6 of Article 5.27 of the Code of Administrative Offenses).

For non-payment of wages from lucrative, or other personal interest in relation to the employer, criminal liability is already envisaged up to imprisonment with possible loss of the right to occupy certain positions or engage in certain activities.

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