Overtime, delays and overtime of staff. Is this the norm? Do they have the right to detain them at work? They detain them at work, what to do?

According to a survey by Zarplata.ru, 35% of office employees are regularly late at work. At the same time, 40% of them cannot leave their jobs due to the abundance of production tasks set by management, 31% are delayed in order to get a promotion, and 29% do not know what to do at home.

The problem of delays at work in Russia is becoming more and more important every year. According to the Russian Monitoring of the Economic Situation and Health of the Population, back in 1992 we worked on average 7 hours a day, and already in 2000 - 7.7 hours. Now, according to the labor research center of the State University Higher School of Economics, we work on average 45 hours a week - that is, 9 hours a day.

Recycling has become the norm, especially in the private commercial sector.

And unfortunately, most companies disguise overtime work as voluntary delays at work or irregular work schedules, without paying wages for the time actually worked.

Of course, it’s good if your employees enjoy working for your company and are willing to spend their days doing what they love. It is important to understand that overwork is not a way to increase productivity. On the contrary, long work leads to fatigue, and fatigue is the root of mistakes and problems.

There are situations in the life of a company when, due to various life circumstances, employees have to work with all their strength, to the limit of their capabilities, regardless of the negative consequences for their health.

But will this benefit the company in the future?

What threats does staff overtime pose?

Decreased performance.

Employees get the feeling that in the evening he will deal with the accumulated projects. In fact, this is only an illusion, so every day there are more and more things to do, but less strength. In this case, we must remember that human potential is not infinite. There will come a time when resources will run out.

In any case, long delays are a method of reducing productivity. The extra hours of work are almost always more than offset by the negative side effects. This is true even without taking into account the destruction of the team. But when you consider that people's varying abilities to work overtime destroy teams.

To prevent such developments, it is necessary to adhere to the work schedule, since the productivity coefficient is higher during the working day than outside it.

Constant stress.

Constant delays at work often lead to problems in the personal lives of employees. Family conflicts and problems lead a person to extreme stress. A stressful state leads to a decrease in labor productivity down to zero and the commission of errors.

Hidden threat.

More demands are placed on an employee who is constantly late. People around you get used to an employee who practically lives at his workplace. Line management begins to entrust to such a responsible employee all projects that other employees did not have time to complete, covering for ineffective subordinates. This is a kind of vicious circle from which it is difficult to break out.

Change for small things.

Employees, knowing that they still have to work in the evening, are engaged in extraneous activities; these are the ones that take up most of their productive working time. Various applications on the Internet, social networks, checking your mailbox, composing letters, empty conversations with colleagues, searching for unnecessary information - this is a small part of the tasks that eat up useful time. Useless projects that take up time and do not bring any benefit should not even be considered.

Demonstrative processing.

Delays at work as a method of demonstrating to the employer one's own overexertion and loyalty should not work as the employee expects. An employee staying up late working on papers when all his colleagues have left requires clarification of the reasons. Either the employee cannot optimize his working time, or this is a demonstration for management. An employee who is constantly late leads to nervousness in the team.

As in the famous quote from the movie: “Novoseltsev, everyone left, but you stayed like a fool.”

Constant blockages and time pressure.

The point here is not whether it is worth detaining employees or not, but where this problem arose in the first place. In this case, management must figure out who or what is responsible for the systematic blockages: a systemic problem of ineffective management, high workload, low productivity.

Health problems and sick leave.

1. Doctors say that people who regularly stay late at work significantly increase the risk of developing heart disease. In a long-term study, experts concluded that people who work 11 hours a day have a 67% increased risk of developing heart disease compared to those who work 7-8 hours. This is stated in the published results of a study by the British Medical Research Council.

2. The study, conducted by specialists from the University of Melbourne, involved 6.5 thousand Australians aged 40 years and over. Having assessed the duration of working hours, they revealed a relationship with brain activity:
8 hours (>40 hours per week) - brain function decreases significantly.
>12 hours (>60 hours per week) - brain function declines more than in non-working people.

3. Another study was conducted by scientists from the USA. This time, the subject of disappointing findings was the female population. The fact is that women who work overtime and experience constant lack of sleep are more susceptible to weight gain than others. The reason is simple - lack of time for proper nutrition, exercise and proper sleep. The ubiquitous snacking at fast food establishments and frequent consumption of sweets to relieve stress make their presence felt.

Statistics from this study show that about 50% of women who worked more than 42 hours weekly gained about 12% weight over a couple of years.

4. Another, not the most reassuring, conclusion was made by Dutch scientists. They were able to find out that being busy at night has a negative effect on the functioning of the blood vessels of the body and heart. Such processing significantly increases the likelihood of tachycardia. This can subsequently cause a heart attack and even death of the employee.

Violation of the Labor Code of the Russian Federation.

Systematically forcing staff to work overtime is regarded as a violation of the Labor Code of the Russian Federation. If a conflict arises at this post office with staff, the following problems may arise:
— unscheduled inspection of the State Tax Inspectorate based on a complaint;
— legal proceedings regarding violation of rights under the Labor Code of the Russian Federation;
- fines.

Negative employer branding.

An analysis of references to the company on the Internet will show that the perception of the brand is very far from positive. This is most evident in special forums dedicated to discussing employers: nowhere else will you find such frankness. In the future, you are unlikely to be able to fill vacancies with highly qualified and promising specialists. The shortage of personnel will become increasingly felt.

Is the future of the company worth exposing to such risks?

Advantages of not delaying employees at the workplace:

Compliance. Quite a lot has already been said about the benefits of maintaining balance and they are undeniable.

A regular schedule promotes personal development. The more free time you have, the wider the range of opportunities for creative endeavors. After all, every person has their own hobbies and hobbies that make their heart beat faster in anticipation of something interesting and new.

Leaving work at a clearly designated time encourages staff to. If the staff knows that they have to do a certain amount of work before the appointed deadline, they concentrate their attention only on the assignment, which is why unnecessary things are immediately brushed aside. Gradually, a habit is developed that forces you to work faster and more productively in your subconscious mind.

Additional motivation. That when working effectively during the day, leaving on time should not be perceived as a manifestation of laziness, but on the contrary, demonstrative overwork without results should be assessed extremely negatively.

It is necessary to carefully analyze the current situation to find out where time is being spent. This allows you to understand whether staff overtime is working effectively.

Labor Code on overtime work

Overtime work is work performed by an employee at the initiative of the employer outside the working hours established for the employee: daily work (shift), and in the case of cumulative accounting of working hours - in excess of the normal number of working hours for the accounting period.

An employer's involvement of an employee in overtime work is permitted with his written consent in the following cases:

1) if necessary, perform (finish) work that has begun, which, due to an unforeseen delay due to technical production conditions, could not be performed (finished) during the working hours established for the employee, if failure to perform (non-complete) this work may lead to damage or destruction of property the employer (including the property of third parties located at the employer, if the employer is responsible for the safety of this property), state or municipal property, or create a threat to the life and health of people;

2) when carrying out temporary work on the repair and restoration of mechanisms or structures in cases where their malfunction may cause the cessation of work for a significant number of workers;

3) to continue work if the replacement employee fails to appear, if the work does not allow a break. In these cases, the employer is obliged to immediately take measures to replace the shift worker with another employee.

An employer’s involvement of an employee in overtime work without his consent is permitted in the following cases:

1) when carrying out work necessary to prevent a catastrophe, industrial accident or eliminate the consequences of a catastrophe, industrial accident or natural disaster;

2) when carrying out socially necessary work to eliminate unforeseen circumstances that disrupt the normal functioning of water supply, gas supply, heating, lighting, sewerage, transport, and communications systems;

3) when performing work the need for which is due to the introduction of a state of emergency or martial law, as well as urgent work in emergency circumstances, that is, in the event of a disaster or threat of disaster (fires, floods, famine, earthquakes, epidemics or epizootics) and in other cases, threatening the life or normal living conditions of the entire population or part of it.

In other cases, involvement in overtime work is permitted with the written consent of the employee and taking into account the opinion of the elected body of the primary trade union organization.

The following are not allowed to work overtime:
— pregnant women;
— workers under the age of eighteen;
— other categories of employees in accordance with this Code and other federal laws.

Involvement of disabled people and women with children under three years of age in overtime work is allowed only with their written consent and provided that this is not prohibited for them due to health reasons in accordance with a medical report issued in the manner established by federal laws and other regulations legal acts of the Russian Federation.

At the same time, disabled people and women with children under three years of age must be informed of their right to refuse overtime work upon signature.

The duration of overtime work should not exceed 4 hours for each employee for two consecutive days and 120 hours per year.

The employer is required to ensure that each employee's overtime hours are accurately recorded.

Overtime pay

Payment for work performed overtime consists of two components: the employee’s regular remuneration and additional, the purpose of the latter is to compensate the employee for each hour of decrease in his free time.

In accordance with Article 152 of the Labor Code of the Russian Federation, overtime work must be paid at an increased rate, namely:
— the first two hours of work are paid at the employee’s hourly working rate with a coefficient of 1.5;
- subsequent hours of work - at the rate of the employee’s hourly work rate with a coefficient of 2.0.

More specific amounts of payment for overtime work can be determined by a collective or labor agreement, as well as by local regulations (internal labor regulations of the organization).

In cases where the specific amounts of payment for overtime work are not determined by the above-mentioned documents, payment is made in the minimum amount established by the labor legislation of the Russian Federation.

Even if the employee is ready to stay at work after working hours on his own initiative, the employer is also responsible for compliance with working hours standards (Part 2 of Article 22 of the Labor Code of the Russian Federation).

There was a time, when I worked 11 – 13 hours daily. I stayed in the office until late, arriving home at night on the last trains. I then lived in the Moscow region, and my journey from work to home took a full 2 ​​hours one way.

The next day, barely getting enough sleep, I had to get up early and rush to the office again.

I can't say I didn't like the rhythm. On the contrary, I felt the importance of my role in the development of the company. All this was much more important to me than personal time and family.

When my wife said over the weekend that I only sleep at home, that she would like to spend more time with me, I did not understand her request at all. What could be more important than work?

I, while chewing my food, chattered about how without me everything would stop there, orders would not go to customers, and then I delved into the jungle of descriptions of corporate processes that only I could understand.

Just the thought of leaving before everyone else made me feel embarrassed and ashamed: how could they be here without me? What will they think of me? What if everyone decides that I’m irresponsible and don’t take what I do seriously?

But since then, my attitude towards overtime work has changed dramatically. I decided that I would not linger any longer. During interviews, I firmly expressed my opposition to free overtime.

Why did my attitude towards free work change so much after 6?

Because I realized a few very important things, here they are:

The company's problems are not my problems

Most often, overtime work is a manifestation of systemic problems of the company. Anything can happen here, for example, business processes are not automated: work that could take minutes takes hours.

Or In order to save money, the company hired fewer employees than needed for its efficient operation.

It turns out that the employee is given exactly so much work that he simply does not physically have time to complete it in the allotted working day.

If an employee does not stay in such conditions, then problems inevitably arise: orders do not go to clients, reports are not closed, documents are not transferred, etc.

And this, in turn, causes an exaggerated sense of responsibility in the employee. A sense of moral duty appears, a desire to linger and stay late.

What is presented in many companies as a sacred duty of the employee (to sit late) is in fact simply a consequence of the fact that the organization does not use its resources effectively.

But instead of solving problems at the global level: optimizing business processes, organizational structure, IT, it plugs holes in the domestic economy with free overtime work and shifts the burden of responsibility for its own problems onto employees.

It’s the same as not patching up the holes in a ship in the port, and then during the voyage forcing the sailors to plug them with their own bodies, convincing them that if the ship sinks, it will be their fault, the sailors!

Where does all this energy come from?

In the public consciousness, workaholism is not even perceived as a problem, despite the fact that many psychologists put it on a par with such illnesses as depression or OCD.

Someone who works 14 hours a day is more likely to have the image of an energetic, purposeful, strong-willed person rather than an unhappy person who has given up on his personal life and his health only because of his manic craving for obsessive actions.

But I always asked myself: “Where does all this energy come from? How did I and others have enough strength to live at such an energy-consuming pace?”

And I have a theory about this, although I cannot provide direct evidence for it.

The fact is that we have much more energy than we think.

Our body has reserve energy resources that our body “stores” for emergencies: danger, urgent need, etc. When such an event occurs, the body seems to take this energy from its reserves, and we feel a lasting surge of strength and vigor.

How does our body understand that “that critical case” has arrived and we can give the “green light” to use “spare” energy? By stress level. Stress means danger. Stress means it's time to borrow energy.

It's no secret that corporations have a rather stressful atmosphere: “tight deadlines,” worry about results, strict discipline. At the same time, the motivation system maintains such a “charged” state of the employee. He constantly rides on an adrenaline wave, is exposed to stress and pressure.

A person may think that he is simply very energetic and interested, since he works 12 hours a day.

But his body has long switched to using this very reserve energy, working for wear.

And the consequences of such an attitude towards one’s own health can be the most unpredictable: general problems with well-being, depression, chronic anxiety, not to mention problems in one’s personal life due to the fact that a person does not show up at home.

And it seems to me that this “spare energy” is needed not only for everyday purposes.

This is a more subtle level of energy resources that supports our daily motivation, our creative powers, even our zest for life.

A person may not feel much physical fatigue, but at the same time his mental strength, his personal creative energy, and his emotional mood decline.

What to do?

I understand that everyone's cases may be different and I don't want to generalize. The article describes only my example. It is quite possible that for you personally there is a need to linger, and I fully respect your choice.

Perhaps some people are paid handsomely for their overtime (not everywhere they “sit it out” for free!)

But it is also possible that someone, after reading this article, will understand that the only thing that makes him sit in the office late is the employer’s inflated sense of responsibility, the fear of condemnation. Maybe these are problems in your personal life (you don’t want to return home to your family).

In general, I want to say that my policy of refusing to work in companies where you need to stay long has served me well. This has become a good criterion for employment.
As a rule, in companies where it is “customary” to stay late, there is often an unhealthy working atmosphere: rush jobs, stress, a large number of organizational problems.

Rather, such a relationship is a pattern rather than an accident.

And, conversely, there is a good chance that in a company where “night duty” is not encouraged, everything works smoothly, calmly, and transparently.

And if you don’t want to stay in your new job, try to avoid “gray” companies.

Because the law is not written for such a company: it can begin to blackmail, intimidate with dismissal and salary reduction. If the company operates according to the labor code, then she can't just fire anyone or reduce your salary.

Know your rights! Don't let yourself be intimidated!

And, most importantly, take care of yourself!

For many accountants, delays at work are considered almost “the norm.” Sometimes, indeed, force majeure arises: at the end of the reporting period, it is necessary to “compile” the data received at the last moment. But if you regularly find yourself staying late at the office, it's time to sound the alarm - and change the situation. How to do this without ruining relations with management?

"Know your norm"

It hardly makes sense to make a fuss if you are late at work no more than 1-3 days a month at the close of the reporting period. No matter how well the financial service is organized in a company, at the end of the month it is still necessary to urgently carry out business transactions of the last days or correct something before submitting reports. One of your colleagues will bring you the primary document late, an error will be discovered somewhere in the calculations, etc.

In this case, stay late, but be sure to voice the changes to management (chief accountant or director). If your company follows the Labor Code, do not hesitate to put additional hours on payroll sheets, even if your colleagues do not.

Don't stay by default

In many companies, it is “customary” for people to work late in the accounting department. As a rule, in such a company the chief accountant will not even ask you to stay (because he understands that by doing this he will break the law) - “simply” fifteen minutes before the end of the working day he will give you a big task that needs to be completed “yesterday”.

Be careful: this is a trap. It turns out that you decided to stay late at work “on your own”, therefore, the employer does not owe you anything. This means that you will have no reason to ask for reciprocal concessions, not to mention payment.

What can be opposed to this? Pretend that you “don’t understand” the hints: “Okay, I’ll start today and continue tomorrow.” If delays are silently expected of you, just silently go home until you are directly asked to stay for overtime. As soon as the boss voices his request, this will give you the opportunity to “bargain” or refuse a dubious honor.

Avoid details

You shouldn't feel guilty about leaving work on time. The company hires you to work 8 hours a day - and pays you a salary for exactly those hours. Accordingly, your workload cannot exceed this norm. If the employer does not organize the accounting process correctly or calculates the volume of tasks, then this is the employer’s problem, not yours.

Therefore, under no circumstances explain why you are leaving “so early” when all the other employees are “sitting all the way.” If people around you show (inappropriate) curiosity, get off with a short and uninformative answer. "Already leaving?" - your colleague asks displeasedly, envying you because she herself did not dare to do the same. “Yes, we have to run. Till tomorrow." - you answer calmly and kindly, without going into details and without explaining exactly where and why you need to run.

You to me - I to you

Try to compensate for overtime. Even if your company does not comply with the Labor Code, and you will not receive additional payment, ask your manager for something else in exchange for your delays. Ask for time off for a long lunch, ask for “personal days,” payment for kindergarten, a voucher, etc.

At first, it is not so important whether the compensation corresponds to the time spent; it is much more important to accustom management to the idea that your extra efforts should be rewarded, and not considered the “norm”.

Third person

In some companies they will force you to stay late, threatening you with dismissal, loss of bonus, etc. This is done in the hope that the employee will be afraid to go into direct conflict for fear of consequences. If you do not want to spoil your relationship with the director or chief accountant, then when refusing him, do not refer to your rights or the law - in a company where the Labor Code is not observed, such an argument will sound simply ridiculous.

Instead, find (or invent) a reason related to third parties or “objective circumstances”, for example:

  • “My husband doesn’t allow me to stay late at work”
  • “I need to pick up and feed the child, otherwise he will remain hungry”
  • “then the last train will leave, and I won’t be able to get home”
  • “I paid for the fitness club, and if I miss it, the money will not be returned”

In this case, be sure to emphasize that you would like to stay and help, but “circumstances” do not allow you.

Make the “detention process” more difficult

If you are directly asked to stay “for free” and refuse to compensate you for overtime in any way, make this process difficult for your manager. Perhaps it is common practice in your company to violate employee rights and basic common sense. Perhaps regular delays in accounting have long become the norm for your colleagues. But if you think that allowing yourself to be exploited will help you make a career, then you are most likely mistaken. If you silently agree, the boss will take your delays for granted, and, even worse, will cease to respect you: people do not respect those who do not know how to refuse.

Take a closer look at your management and those employees who have recently been promoted - most likely there will be very few among them who are constantly late at work. Why? It is where the most stringent requirements are imposed on employees that only those who stand out from the obedient majority and know how to protect their interests are promoted and promoted.

The main thing is to do it correctly and avoid categorical refusal.

What to do if your salary is delayed and where to complain? As the Labor Code indicates, every employee has the right to receive wages twice a month. Towards the end of the month, as a rule, an advance is given, and at the beginning of the next - the rest of the salary. The exact dates of payments are established at each enterprise separately and are prescribed in the internal labor regulations; if this date falls on a weekend, accruals must be made the day before. If a person does not receive his salary on time, this can already be considered a violation of his rights; even a day’s delay is taken into account. In this case, the employee is entitled to monetary compensation. Today we will talk about what needs to be done if an employer delays wages and how to correctly write a claim for delayed wages.

If wages are delayed for a long period of time, by law this may be considered a 15-day period, the employee has the legal right to refuse to perform his duties. However, representatives of some professions do not have such a right by law to leave the workplace even after a 15-day period, this applies to civil servants, government employees, essential workers, and representatives of enterprises engaged in hazardous production.

Gross violations of the Labor Code of the Russian Federation threaten the employer with administrative and even criminal punishment. The issue is resolved with the help of the labor inspectorate, the prosecutor's office and the judiciary.

How to get compensation without scandal

​If your salary is delayed for a short period of time, the employee has the right to demand compensation. Its size for each day should be no less than one three hundredth of the refinancing rate in force during the period of delays at the Central Bank. As of July 23, 2016, the rate was 11 percent. Each day of delay is taken into account. That is, the amount of compensation is determined from the total amount of debt, to which another three-hundredth of 11 percent is added for each day.

The employee's right to compensation is specified in the Labor Code. At enterprises with a good reputation, they always take this into account and, in case of delay, add the required amount to the salary. But more often, people encounter the opposite: either the employer does not know the laws well, or, and most likely, does not want to pay more. At the first stage, they try to resolve the problem within the enterprise. In case of delay and complaints from at least one person, a labor dispute commission is created, which includes representatives of the work collective and the employer, the participants must be equally divided on each side. The employee’s application is registered, after which the dispute must be resolved within ten days: either the employee is immediately paid the delayed salary, or, if the decision is not implemented, they are issued a certificate, essentially a writ of execution, which must be taken to the bailiffs.

In addition to monetary compensation, an employee can also demand:

  • salary indexation, if we are talking about constant delays for a long time and the general depreciation of money over this period;
  • compensation for moral damage (only through the court).

What to do if your salary is delayed for half a month?

In the event of a long delay in wages the employee, unless he is one of those prohibited from this form of strike, has the right not to go to work. Before doing this, he is obliged to notify his employer about this in writing. If the latter notifies that he is ready to pay for the work performed as soon as the person returns to his work duties, the employee will need to report to work the very next day after receiving such notice.

What to do if the problem cannot be resolved within the team

Relationships within a team can be very different, and it is not always possible for a person to achieve understanding from other employees or, even if there is understanding from colleagues, to resolve a conflict with the employer through a labor commission. Therefore, you can safely contact government agencies. Next we will look at where can you complain if your employer delays your salary?.

Contact the labor inspectorate

An appeal to the labor inspectorate or its regional office is considered within a month. A written complaint can be submitted directly or sent by registered mail (to receive receipt of receipt); today in many regions it is also possible to send a complaint via the Internet. It is advisable to attach a copy of the employment contract and any written evidence proving the delay in payments to the complaint.

If the inspectorate considers the arguments to be fair, the specialists will send the employer an order with instructions to repay its debt to the employee, taking into account the accumulated interest.

In your complaint, do not forget to indicate your return address, contact telephone number, as well as the amount of debt and the number of days the salary was delayed.

This option can be considered the most convenient and most effective, since it is the labor inspectorate that deals with issues of delayed wages and violations of workers’ rights. In addition, inspection staff, if necessary, should help with drawing up an application to the judicial authorities, and during the proceedings, confirm the validity of the plaintiff’s claims.

We contact the prosecutor's office

You can also contact the prosecutor's office by filing a complaint in writing (you can also take the application to the office or send it by registered mail). A prosecutor's audit may reveal other violations, after which sanctions will be imposed on the employer.

Let's go to the district court

The case may go to court not only after inspections by the labor inspectorate or the prosecutor's office, although their support will not be superfluous for the employee, but also on the personal initiative of the citizen. You should contact the court at the place of registration of the employer's enterprise.

In order for the decision to be positive, you need to attach as many documents and evidence of the employer’s dishonest attitude to the claim:

  • original employment contract;
  • statement of non-payment;
  • a copy of the work book;
  • a copy of the employment order;
  • a certificate from the accounting department about income;
  • bank statements (relevant if salaries are credited to the card);
  • copies of payslips;
  • debt calculation (according to the accounting department and according to our own version);
  • witness statements.

Let's go to the World Court

If the salary was accrued, but it did not reach the employee, you can contact the magistrate with a request to issue a court order, that is, a writ of execution, according to which the plaintiff will be obliged to pay the unpaid salary. The order is issued within 5 days after application.

How to write a complaint

How to write a claim for delayed wages? The issue of non-payment of part of the money can be relevant not only in case of delays, it often arises when an employee quits and wants to receive the compensation due to him for leave that he did not take. In this case, the complaint is written to the manager and may look something like this:

To the Director of Taxi LLC

Ivanov Ivan Ivanovich

from Petrov Petra Petrovich,

(indicate position)

Claim

I, Petrov Petrovich, worked at Taxi LLC from 01/01/2015 to 07/23/2016 as a driver, which confirms the employment contract concluded between me, Petrov Petrovich, and the director of Taxi LLC, Ivan Ivanovich Ivanov, as well as entry in the work book dated 01/01/2015.

I performed my duties responsibly, however, for the period from 06/01/2016 to 07/23/2016, my salary was not calculated, which indicates a violation of Article 22 of the Labor Code of the Russian Federation.

Based on Order No. 43478 of July 23, 2016, I was dismissed under Article 80 of the Labor Code of the Russian Federation.

The amount of my unpaid wages at Taxi LLC was: for June 2016 - 18 thousand rubles, for July 2016 - 14 thousand rubles, and in total - 32 thousand rubles.

Based on Article 114 of the Labor Code, every employee has the right to annual paid leave, but I did not use this right this year and did not receive compensation for it, the debt is 14 thousand rubles.

Employers who delay wage payments to their subordinates are liable before the law on the basis of Article 143 of the Civil Code of the Russian Federation. I believe that the management of Taxi LLC violates and does not comply with the laws.

Based on this I demand:

Give me a salary in the amount of 32 thousand, funds for the vacation that I did not take in the amount of 14 thousand, and also reimburse the expenses that I spent on lawyer services in the amount of 5 thousand rubles, and in total pay 51 thousand rubles.

Please send your answer to the following address: Vladimir, Levitan Street (indicate the exact address).

In case of incomplete satisfaction of all my legal demands, and even more so in case of refusal, I will have to contact the Labor Inspectorate for the city of Vladimir, the prosecutor's office, and also file a claim in court. I will additionally demand compensation for material damage and compensation for moral damage. You will also be responsible for paying all my legal costs.

08/01/2016 Signature

What responsibility awaits the employer?

For violation of the Labor Code, employers are usually held administratively liable. If payments are delayed, they may face the following penalties:

  • up to five thousand rubles for officials;
  • up to five thousand rubles or suspension of activities for 90 days for individual entrepreneurs;
  • For legal entities, fines can reach up to fifty thousand rubles; they may also be prohibited from operating for 90 days.

In special cases, the amount of fines can be increased to 500 thousand rubles.

Employers can also face criminal penalties with heavy fines (up to half a million), a three-year prison sentence and deprivation of the right to hold certain positions for the same period. This is the case if they do not pay wages in full for at least two months. If, for at least three months, the employer pays part of the salary, but less than half, he can be fined only 120 thousand rubles and imprisoned for one year. But it is quite difficult to bring to criminal liability those persons who have been paying their employees more than half the monthly salary for a long period of time.

If the salary is issued according to the sulfur or black scheme, it will be much more difficult to prove the fact of non-payment to the authorities, so try to immediately agree with the employer that all payments will be made officially.

If several people are experiencing delays at work, it is best to act together. Collective applications in all bodies are considered faster and more often lead to positive results.

Stay late at work

Everyone is probably familiar with the concept of overtime work. As a rule, they pay 2 times more for it. But now we will talk about additional working hours that are not paid. I foresee your objections: why do I need this? Not only will I lose my precious time, but I won’t get paid for it! However, let's see what benefits this will give you.

When you do only what you are paid for at work, then you have only one salary. Moreover, in a worthy and successful organization, which you probably work for, there is always fierce competition. To become competitive, you need to somehow stand out from the gray mass of other colleagues. By doing seemingly unnecessary work, you become in many ways a unique and irreplaceable employee. And if you do something beyond what you receive a salary for (even if only a little at first), then you will kill two birds with one stone: firstly, you will not be left without work, and secondly, you will significantly improve your financial situation.

Who among us does not dream of moving up the career ladder? However, to many this seems unrealistic. In fact, it is difficult to approach the boss and ask: “Put me in the position of head of the department!” Moreover, the boss’s reaction to this is unknown. But by staying at work, you show your best side and get a legal basis to ask not only for an increase in salary, but also for a promotion.

What other good reasons are there to stay late at work?

Devoting more time to your activities than is specified in your employment contract, you are constantly looking for more and more new ways and means to improve the performance of your work. This means that you develop a keen, vivid imagination. Creativity increases, and creative employees are always worth their weight in gold.

You also have personal initiative, and this is extremely important.

You gain a positive mental attitude.

You become one of the most competent employees in your team, and your superiors cannot help but notice this. In general, by doing work that seems unnecessary at first glance, you always find yourself in the sight of your management, and this is the key to success in the future.

The main thing is not to count on all the benefits at once. Perhaps you will be noticed and appreciated not in a month or even in two. It is also important not to constantly remind your boss that you regularly do something beyond the norm. Be patient.

Never throw out phrases like “Oh, how I’m exhausted by delays at work in the evenings!” Many people believe that by demonstrating their sacrifice, they increase their authority in the eyes of management. This is what I am like: I’ll die and do my job... This is far from true. Firstly, no one needs exhausted and exhausted employees, secondly, no one likes whining, and thirdly, you may run into a reaction like “Who asked you to?” and all your efforts will go down the drain.

Another important point. Your delays at work should not be formal. It is not enough to demonstrate to your boss the fact that you are present at work in the evenings; he needs specific and, of course, positive results from your activities. Remember: management always evaluates the fruits of your work, and the time spent by you on its implementation is, by and large, of little interest to anyone.

Also, if you are late at work in the evenings and have done it several days in advance, this does not mean that you can do nothing during these few days during working hours. Indeed, in this case, the result of your additional activity turns out to be zero.

So, how long should you stay at work? For 15 minutes? Or maybe sit until closing? But, as we have already said, first of all, the result is important. So make a plan for yourself. For example, you decided that from this day on you will do 5% more than what is required of you. Plan your time based on this. Gradually you can increase the amount of work above the norm, say, to 20%. But the rule of the golden mean also applies here: it is important not to overdo it. After all, regardless of whether you are late at work or not, every morning you need to look cheerful, energetic and fresh. Don’t be upset if you don’t have time to do what you planned after work: you still have other time reserves, and we’ll definitely talk about it later.

What exactly needs to be done? It’s a good idea to ask your immediate supervisor about this. By doing this you will kill two birds with one stone: complete the work you are guaranteed to need at the moment and attract the attention of management with your diligence. In general, a hardworking person will always find something to do.

The main thing is not to pour from empty to empty.

Well, how should you behave if you come across a stingy and short-sighted boss who doesn’t even think of encouraging you, but is only quietly happy that among his subordinates there is, in his opinion, a simpleton like you? Indeed, isn’t it great: his employee does much more work for the same money! My advice to you: do not let such a person interfere with your success. Continue to do more than what you are supposed to do. Why? Yes, because first of all you work here for yourself. As a result, you become such a highly qualified specialist in your field that finding a new, more prestigious and highly paid job will not be difficult for you. And there, rest assured, the manager will turn out to be wiser and far-sighted, and will never overlook such an invaluable employee.

Should you do the work that your not-so-zealous colleagues “didn’t have time” to do during working hours? After all, in this case you are working for the common good. How happy your boss will be when he sees that everything is done! But you want your additional work to be appreciated. And you are not obliged to work for your colleagues. In general, how should you behave if one of your colleagues tries to shift part of their responsibilities onto your shoulders, even if under a plausible pretext? Do not agree under any circumstances, otherwise they will simply sit on your neck. Of course, you need to help others, but not at the expense of yourself and your time.

Another trouble that you may actually encounter is the hostility of your colleagues. Unfortunately, these are the features of our mentality: people who want to achieve more in this life than others are considered upstarts. And, as you know, they don’t like upstarts. By the way, have you heard about this natural phenomenon called the “crab mentality”? Caught crabs can be placed in a bucket without covering it with a lid: they will not run away. Why? Because if at least one crab tries to get out of the bucket, the others will grab its legs with their claws and pull it down. But you are not a crab! You are a more highly organized being and should not forget about it! Yes, of course, I understand your desire to maintain friendly relations with everyone (or almost everyone) in your work team. But, firstly, it is impossible to please everyone, and secondly, you cannot always look back at others - you will not achieve success this way. Don't let the sidelong glances and whispers of your colleagues interfere with your career growth. Let them envy themselves, don’t sleep at night, and in the meantime you can calmly get everything you need from life.

So, I hope you understand how useful it is to stay late at work. Yes, of course, you could use the time you spend on this for some of your personal matters. But if you know how to plan and manage your time, you will manage to do everything. And the advantages are obvious: you gain the favor of your superiors, and, as a result, broad prospects for career growth open up before you. You gain self-confidence because you now thoroughly understand all the intricacies of your work. Therefore, do not doubt: you are on the right path, and your efforts and hard work will pay off handsomely!

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