ROSCO LAWYERS HELPED A FOREIGN EMPLOYEE COLLECT A WAGE DEBT FROM HIS EMPLOYER THROUGH COURT

The plaintiff filed a lawsuit in the Gagarinsky District Court against his employer, KRBBIZNES LLC. The applicant demanded payment of wage debt, compensation for unused vacation, and delayed payments in accordance with Article 236 of the Labor Code (hereinafter referred to as the Labor Code of the Russian Federation).

A foreign citizen with the status of a highly qualified specialist (subparagraph 3 of paragraph 1 of Article 13.2 of Federal Law No. 115-FZ of July 25, 2002) and had a work permit in Russia. The foreigner held the position of CFO of KRBBIZNES LLC since March 1, 2023.

According to clause 9.1 of the agreement, the employee had the right to terminate the agreement with the employer unilaterally (based on clause 3 of part 1 of article 77 of the Labor Code of the Russian Federation), notifying the employer 14 days before dismissal. Such an application was sent by the employee to the employer on September 6, 2023.

The employer received the employee's application on September 11, 2023, accordingly, the date of dismissal of the plaintiff is September 25, 2023. At the same time, he did not make an entry in the work book about the termination of the contract and did not make the final settlement with the dismissed employee.

By virtue of article 21 of the Labor Code of the Russian Federation, employees have the right to expect to receive their wages on time. Article 22 of the Labor Code of the Russian Federation imposes an obligation on employers to pay it.

Part 1 of article 127 of the Labor Code of the Russian Federation states that employees are entitled to compensation for unused vacations upon dismissal. According to Article 140 of the Labor Code of the Russian Federation, the final settlement with employees is made by employers on the day of dismissal.

If a dispute arises between the parties to the contract regarding the amount of salary, the employer is obliged to pay the employee the undisputed portion of the salary.

The position of the Constitutional Court (Resolutions No. 19-P of December 27, 1999 and No. 3-P of March 15, 2005): the state is obliged to ensure the protection of the rights of employees as the weaker party to the contract.

Verdict: the court decided that the defendant is obliged to pay the salary and compensation. The claim was satisfied in full.