Maternity leave, as well as childcare for up to one and a half years, is granted to every woman on the basis of the Federal Law “On Provision of Temporary Disability Benefits” and Articles 255, 256 of the Labor Code of the Russian Federation. The employer is obliged to calculate and pay benefits for maternity leave on the basis of the submitted sick leave, to calculate monthly payments for childcare on the basis of an application.
It is necessary
- - application to the labor inspectorate, court or prosecutor's office;
- - a photocopy of the sick leave or a document confirming its receipt;
- - testimony of witnesses;
- - dictaphone recording of a conversation with an employer.
Instructions
Step 1
If you handed over the sick leave to the accounting department, and you were not credited or made payments, then you have the right to apply to the labor inspectorate, to the prosecutor's office, or to the court. In this case, an official investigation will be started, witnesses will be interviewed and all financial accounts of the enterprise will be checked.
Step 2
Before contacting the indicated authorities, contact your employer and try to find out the reason for the delay in sick leave payments. It is rational to have evidence of a conversation with the employer and his explanation about the delay in payments.
Step 3
To confirm, put a voice recorder in your purse and record the entire conversation. This will be solid evidence for the court, prosecutor's office and labor inspectorate. You can use the dictaphone by first contacting the law enforcement agencies with a statement of non-payment. Based on the protocol, you will be given a dictaphone and you will be able to record. Self-recording is against the law.
Step 4
If you have not removed a photocopy from the sick leave, and you are not given a certificate confirming the absence of payments, contact the antenatal clinic at the place of receipt of the sick leave and ask the doctor to issue you documentary evidence of receipt of the sick leave.
Step 5
If you are not paid a childcare allowance for a child under one and a half years, and you are required to calculate and make payments on a monthly basis on payday at your enterprise, then you should also contact the labor inspectorate, prosecutor's office or court.
Step 6
Based on the proceedings, the employer will be obliged to make all payments and additionally pay compensation in the amount of 1/300 of the amount owed for each day of delay.
Step 7
If your company used a system of paying the main part of wages in envelopes and only part of it was paid officially, then it will be very difficult for you to prove that you received much more. The employer will forcibly pay you only the part of the benefit that is officially due to you, since the social insurance fund returns only those payments from which the insurance premiums were transferred. Therefore, when going on maternity leave, think very carefully whether it is profitable for you to receive a salary in an envelope.
