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, jabbered 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
More often overtime- This is a manifestation of the company’s systemic problems. 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 recruited 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, she plugs holes in domestic economy free overtime work and bears the burden of responsibility for own problems on 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 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 in such an energy-consuming rhythm?”
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 it seems to us.
Our body has reserve energy resources that our body “stores” for an emergency: 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 health problems, 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 stay late, 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 late has served me well. This has become a good criterion for employment.
As a rule, in companies where it is “customary” to stay late, an unhealthy working atmosphere often reigns: rush jobs, stress, large number 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 linger on 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 company is organized financial service, you still have to urgently carry out business transactions at the end of the month last days or correct something before submitting reports. One of your colleagues will bring it to you late primary document, somewhere in the calculations an error will be discovered, 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. “Are you leaving already?” - the colleague asks displeasedly, envying you because she herself did not dare to do the same. “Yes, we have to run. See you 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. Take time off for a long lunch, ask for “personal days”, payment kindergarten, 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 for overtime in any way, make this process difficult for the 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 stop respecting you: people don’t respect those who don’t 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.
Phipps Tatiana
Career Consulting Studio
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. “Are you leaving already?” - the colleague asks displeasedly, envying you because she herself did not dare to do the same. “Yes, we have to run. See you 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 for overtime in any way, make this process difficult for the 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 stop respecting you: people don’t respect those who don’t 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 conditions 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 the employer delays wages and how to correctly write a claim about the delay wages.
If wages are delayed for long term , by law this may be considered a 15-day period, the employee has the legal right to refuse to perform his duties. However, leaving workplace Representatives of some professions do not have such a right by law even after the 15-day period, this applies to civil servants, government employees, essential workers, and representatives of enterprises engaged in hazardous production.
Gross violations Labor Code 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 a 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 than not, people encounter the opposite: either the employer does not know the laws well, or, 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 commission is created labor disputes, which includes representatives of the work collective and the employer, 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.
Besides monetary compensation the employee may 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 case of long delay in salary 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 labor responsibilities, 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 bodies. Next, let's 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 branch is considered within a month. A written complaint can be made directly or sent by mail. by registered mail(to receive notification of delivery), 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). Prosecutor's check 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 claim 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 Petr Petrovich, worked at Taxi LLC from 01/01/2015 to 07/23/2016 as a driver, which confirms employment contract, concluded between me, Petrov Petrovich, and the director of Taxi LLC, Ivanov Ivan Ivanovich, as well as an entry in work book from 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 requirements, and especially in case of refusal, I will have to contact Labor inspection in 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, and 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 only be fined 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.
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