For the year Ukrainian courts consider a couple of hundred cases relating to disputes on the “gray” or “black” salaries in envelopes. As court practice shows, to prove their right to receive funds people can not always, writes UBR.
The lion’s share of these cases – claims of individuals to their employers, according to managing partner of the attorney Association “Suprema Lex”, the advocate Victor frost. “The practice varied, the solution is contradictory. One opinion: Supreme court no: court verdicts vary dependent regions. For similar claims brought opposite solutions,” stated frost.
Much depends on the opinion of the judge, from his interpretation of particular circumstances of the case, from relations judges with a priori stronger party – the employer.
In the absence of registration of an employment contract, the court does not recognize that between the parties was an employment relationship. The final denial of the claim. When there are receipts, payroll – appeal to the court is justified: the probability of recognition of the conclusion of a civil contract between the parties is quite high.
“The employee must collect the evidence, what amount he received. If any such evidence you can apply to the court,” advised the lawyer of law firm “Kushnir, Yakymyak and partners” Julia Vasilenko.
One of the options of upholding the right of appeal to the national police a statement about the criminal offence under article 172 of the criminal code. Evidence is the testimony of witnesses who confirm the fact of working for a specific employer, other written evidence (receipts on debt; being aware of safety precautions and regulations documents; power of attorney to receive commodities and material valuables), as well as documents from the IRS, social security, says the partner of law firm “efficiency Consulting” Kyrylo Kazak.
“For criminal proceedings to claim damages. Or it is possible to separately file a claim in civil proceedings because it is proven that the existence of the labor legal relations,” – said the Cossack.
You can also try to protect themselves by contacting the state fiscal service, describing the violation of the employer tax compliance and violation of labor rights of workers. Do not ignore the possibility of other organs, such as employment centers, says lawyer.
At the same time, lawsuits on the part of the tax to employers on the facts of informal employment and salaries in envelopes (“gray” or “black”) is not enough, stressed the lawyer Victor frost. According to him, the tax authorities are trying to resolve such issues through administrative rules and tax notice-decision. This situation will eventually change.
But the constant rhetoric of the government about necessity of elimination of the shadow wage, the decision on increase of the minimal wage up to RS 3200 in order to increase the social and tax deductions, the emergence of information that the Cabinet is preparing a decree on the establishment of mobile teams at local authorities to check the availability of formal employment of workers – all this says about the attitude of the stricter requirements.
“Can be created by groups in local authorities who are going to carry out such inspections. As said by the entrepreneurs, some checking was. They can carry representatives of tax and the Ministry of social policy. The need to prepare or already preparing for the decision of the Government under it,” – said Vice-President of UMB on tax policy, Julia Drogovoz.
In addition, intensified conversations about what will be the penalty for employees who receive informal (“gray” or “black”) wages. While responsibility for informal wage lies with employers: as a tax agent, they must withhold all payments of salaries.
“Of the amounts issued to the employee, taxes must be withheld. The employee receiving the funds from the Commissioner in the organization of the person does not violate any laws. The disadvantage for the employee is that he can’t independently verify, paid employer taxes, other deductions,” – said the lawyer Julia Vasilenko.
The “grey” salary is a semi-legal income: persons employed officially; one part of the income goes to white with all the legal fees and the payment of social tax deductions (the envelope).
“Black” the salary does not imply any official registration of worker or social/tax deductions. 100% payment – in an envelope.
Employees receiving a “gray” wages, are deprived of social, financial guarantees during work and after retirement. Working on “grey” schemes, the person faces:
- getting only the “white” part of the earnings in the conflict with the employer (if unscrupulous);
- failure to receive the full amount of vacation pay calculated at dismissal;
- non-payment of sick leave;
- the almost complete deprivation of social guarantees while reducing;
- problems with obtaining Bank loans, issuing visas without proper income certificate;
- the failure in payments related to the reduction, training, birth of a child;
- the threat of losing compensation for injuries.