How to file a delay in salary payment. Regulation of delayed wages by the Labor Code of the Russian Federation. Where should you go to collect wages from your employer?

One of mandatory conditions, which should be included in employment contract each worker, these are the timing of payment of wages. And the employer is obliged to comply with them and pay the workers due cash during.

Salary payment terms

Dates of issue wages regulated by Article 136 of the Labor Code of the Russian Federation, according to it it is paid:

• By issuing cash or transferring money to a person’s account.
• At least every 15 days, respectively, at least twice a month.
• Wages for a particular month must be issued to the worker no later than 15 days after the end of the month.
• Salary amounts are paid personally to the person (transferred to his account), unless otherwise provided by law.

All other issues related to wages can be decided by the head of the company at his own discretion, provided that he does not violate the above rules. Thus, the employer has the responsibility to:

• Determining the place for issuing funds.
• Determining the frequency of issuance (payments can be made more often than twice, for example, every week).
• Determining specific dates for the employee to receive advance payments and wages.

One of the common mistakes made by employers is to set a period rather than a specific date of issue. For example, wages will be issued from the 5th to the 10th. This is incorrect, the above article says that a specific date for the payment of salaries must be determined.

How to determine the payday and delay period

The Labor Code of the Russian Federation indicates that if the day designated as the date of transfer of advance payment or wages falls on a weekend, then the issuance of funds is carried out on the last day of work before it.

The table below shows several situations when you need to pay wages in advance and how this can affect the delay period.

Compensation for delayed wages

Formula and example of calculating compensation for 1 day salary delay

At May LLC, salary payments are set on the 25th of the current month and the 10th of the next month.

The accounting department should have transferred the sales manager A.A. Korolev advance payment in the amount of 20,000 rubles. She did this not on the 25th, but on the 26th. Accordingly, the delay is 1 day.

Calculation of the amount of compensation for delay:

Compensation amount = advance amount*1/150*key rate valid on the day of settlement*number of days of delay

Compensation amount = 20,000*1/150*7.25% *1 = 9.6 rubles.

Personal income tax is not withheld from the amount of compensation, this follows from the Letter of the Federal Tax Service dated June 4, 2013 No. ED-4-3/10209.

When must an employer pay compensation amounts?

The employer must provide compensation immediately with wages, reflecting it as a separate line on the payslip.

Example: May LLC was supposed to issue wages on the 5th, but delayed them by 1 day, and they were paid only on the 6th. In this case, compensation must be calculated and paid along with earnings on the 6th.

When should compensation be given for an overdue advance, when paying an advance or salary? Payment of compensation amounts for delayed advance payments is made on the day it is transferred to employees, and is not postponed until the date of wages.

What to do if the company management refuses to pay compensation

In most cases, the employer does not charge compensation for late wages by default, especially if the delay was only one day. The amount to be paid with such a delay will be very small, but in this case, workers must still defend their rights.

To begin with, you can contact the management of the enterprise in writing with a request to accrue the compensation due. The application is drawn up in free form.

If management refuses to calculate compensation, the employee can appeal the violation of his rights to the relevant organizations.

In the table below you can see where a person whose rights have been violated can turn:

Responsibility of the enterprise for delays in wages and non-payment of compensation

An administrative penalty may also be imposed on the employer for delaying wages. As well as for refusal to voluntarily accrue compensation for late payments. There is no separate article in the Code of Administrative Offenses of the Russian Federation for delayed payments, therefore the punishment is imposed in accordance with paragraph 6 of Article 5.27.

In this situation, the penalty is:

• From 1 thousand to 5 thousand rubles per individuals who are individual entrepreneurs;
• From 10 thousand to 20 thousand rubles for responsible employees of the company;
• From 30 thousand to 50 thousand rubles in relation to a legal entity.

This administrative penalty can be imposed on the employer even if the salary is delayed by 1 day.

If wages are delayed, the employer is obliged to pay compensation to employees, even if the delay is only one day. Compensation must be accrued by the employer on a voluntary basis; moreover, he must inform employees that they are entitled to compensation. As a rule, this information is included on payslips.

Salaries must be paid at least every half month. The specific date for salary payment is established by the internal rules labor regulations, a collective or labor agreement no later than 15 calendar days from the end of the period for which it was accrued (Part 6 of Article 136 of the Labor Code of the Russian Federation). Failure to pay wages on time is not permitted and is a violation of labor laws.

There is no universal algorithm that can be applied in the event of a long delay in salary payment. Therefore, if agreement on the timing of debt repayment is not reached, you can use one of the methods presented below, or apply a set of measures.

Contact the employer with a demand to pay compensation for delayed wages

For violation of the established deadline for payment of wages, the employer must pay the employee monetary compensation. Its amount from 10/03/2016 must be no less than 1/150 of the current key rate of the Bank of Russia (until 10/03/2016 the amount of compensation is no less than 1/300 of the Bank of Russia refinancing rate) of the amounts not paid on time for each day of delay, if collective, employment contract or local normative act Larger size not available. Compensation is calculated for the entire time of salary delay (Article 236 of the Labor Code of the Russian Federation; Clause 2, Article 2, Article 4 of the Law of July 3, 2016 N 272-FZ).

Reference. Refinancing rate (key rate)

From 01/01/2016, the refinancing rate of the Bank of Russia is equal to the value of the key rate of the Bank of Russia and from 10/30/2017 it is 8.25% ( Note Bank of Russia dated December 11, 2015 N 3894-U; Information Bank of Russia dated October 27, 2017).

The first day of delay is the day following the due date for payment of wages. The last day is the date of actual payment of wages. Compensation is calculated on amounts due to the employee after personal income tax has been withheld. The obligation to pay the specified monetary compensation arises regardless of the employer’s fault.

Example. Compensation calculation

Employees are paid:

— 21st day of the current month (40% of the total amount);

- 6th day of the month following the billing month (60% of the total amount).

Employees work a five-day work week.

Salaries for March and April 2017 were paid on May 15, 2017.

Let’s say an employee’s salary excluding personal income tax is 100,000 rubles.

Then the amount and number of days of delay in salary payment will be:

— 40,000 rub. for the first half of March - for 55 days (from 03/22/2017 to 05/15/2017);

— 60,000 rub. for the second half of March - for 39 days (from 04/07/2017 to 05/15/2017);

— 40,000 rub. for the first half of April - for 24 days (from 04/22/2017 to 05/15/2017);

— 60,000 rub. for the second half of April - for 10 days (from 05/06/2017 to 05/15/2017, taking into account that salaries are paid on the eve of a day off or non-working day holiday, if the date of its payment falls on the specified days ( part 8 art. 136 Labor Code of the Russian Federation)).

The refinancing rate and key rate from 09/19/2016 to 03/26/2017 was 10%, from 03/27/2017 to 05/01/2017 - 9.75%, from 05/02/2017 to 06/18/2017 - 9.25% ( Information Bank of Russia dated September 16, 2016; Information Bank of Russia dated March 24, 2017; Information Bank of Russia dated April 28, 2017).

Thus, the daily compensation amount is calculated for the period:

- from 03/22/2017 to 03/26/2017 (5 days) - in the amount of 1/150 of the refinancing rate equal to 10%;

- from 03/27/2017 to 05/01/2017 (36 days) - in the amount of 1/150 of the refinancing rate equal to 9.75%;

- from 04/07/2017 to 05/01/2017 (25 days) - in the amount of 1/150 of the refinancing rate equal to 9.75%;

- from 04/22/2017 to 05/01/2017 (10 days) - in the amount of 1/150 of the refinancing rate equal to 9.75%;

- from 05/02/2017 to 05/15/2017 (14 days) - in the amount of 1/150 of the refinancing rate equal to 9.25%;

- from 05/06/2017 to 05/15/2017 (10 days) - in the amount of 1/150 of the key rate equal to 9.25%.

The amount of compensation will be:

— for the first half of March 1,414 rubles. 66 kopecks ((40,000 x 0.1 / 150 x 5) + (40,000 x 0.0975 / 150 x 36) + (40,000 x 0.0925 / 150 x 14));

— for the second half of March 1,493 rubles. 00 kop. ((60,000 x 0.0975 / 150 x 25) + (60,000 x 0.0925 / 150 x 14));

— for the first half of April 605 rubles. 33 kopecks ((40,000 x 0.0975 / 150 x 10) + (40,000 x 0.0925 / 150 x 14));

— for the second half of April 370 rubles. 00 kop. (60,000 x 0.0925 / 150 x 10).

The final amount of compensation will be:

RUB 1,414 66 kopecks + 1,493 rub. 00 kop. + 605 rub. 33 kopecks + 370 rub. 00 kop. = 3,882 rub. 99 kopecks

Suspend work

If the payment of wages is delayed for more than 15 days, you have the right to suspend work for the entire period until the delayed amount is paid (Article 142 of the Labor Code of the Russian Federation). The employer must be notified of the suspension of work in writing, having received proof of notification. For example, you can ask the employer to sign the second copy of the application for suspension of work. If the employer refuses to do this, the application can be sent by mail by registered mail with notification of delivery. In this case, work can be suspended from the moment the employer receives the application. The time of suspension of work must be paid based on average earnings (Part 4 of Article 142 of the Labor Code of the Russian Federation; Law of December 30, 2015 N 434-FZ; Question 4 of the Review of Legislation and judicial practice RF Armed Forces, approved. Resolution of the Presidium of the Supreme Court of the Russian Federation dated March 10, 2010).

During the period of suspension of work, you have the right to be absent from the workplace. In this case, you will need to return to work no later than the next working day after receiving written notification from the employer of readiness to pay the delayed wages on the day you return to work. In addition, interest must be paid for late payment of wages.

Some categories of workers do not have the right to suspend work. These include (Part 2 of Article 142 of the Labor Code of the Russian Federation):

• employees and workers of bodies and organizations of the Armed Forces of the Russian Federation, other military, paramilitary and other formations and organizations in charge of ensuring the country's defense and state security, emergency rescue, search and rescue, fire-fighting work, work to prevent or eliminate natural disasters and emergency situations , law enforcement;
• civil servants;
• employees of organizations directly servicing particularly hazardous types of production and equipment;
• workers performing work directly related to the livelihoods of the population (energy supply, heating and heat supply, water supply, gas supply, communications, ambulance and emergency medical care stations). These include, for example, operators of a boiler house that supplies the population with heat energy (Determination of the Constitutional Court of the Russian Federation dated March 2, 2006 N 60-O).

It is also prohibited to suspend work during periods of martial law or a state of emergency.

Contact the labor dispute commission

You have the right to contact the employer and the representative body of employees with a proposal to create a labor dispute commission (LCC), which must be created within 10 days from an equal number of representatives of the employer and employees. An employee can file a statement of violation of rights with the CTS within three months from the day he learned about the non-payment of wages on time. The employee’s application is subject to mandatory registration with the CCC, and the labor dispute must be considered within 10 calendar days from the date of filing the application. By general rule the dispute is considered in the presence of the employee. If the employee’s monetary demands are found to be justified, they are satisfied in full. Within three days from the date the CCC makes a decision on the merits of an individual labor dispute, copies of it must be sent to the employee and the employer. If the decision of the CCC has not been appealed, for which a 10-day period is established, then it is subject to execution within three days after the expiration given period. If the decision of the CCC has not been executed, then the employee may be issued a certificate, which is an executive document. Within a three-month period from the date of issue of the certificate, it must be presented to the bailiff service for enforcement (Article 382, ​​Part 1, 2, Article 384, Art. 385, Part 2, 3, Article 387, Part. 3, Article 388, Part 1, 3, Article 389 of the Labor Code of the Russian Federation).

Contact the labor inspectorate

You can send a complaint to the state labor inspectorate of your constituent entity of the Russian Federation. The appeal must indicate the authority to which it is sent ( State inspection labor), your last name, first name, patronymic, mailing address for an answer. It is recommended that you also include your phone number. Further in the application you must provide the full name of the organization indicating the form of ownership, address of actual location, full name. manager and administration contact details, if known to you. The appeal must briefly and clearly state the essence of the complaint, facts and circumstances. Indicate the period for which wages were not paid, total amount debts and other circumstances relevant to the case. If you do not want the source of the complaint to be disclosed during the inspection, in your application express your wish not to disclose information about the applicant. In this case, inspectors will be obliged not to disclose the source of the complaint to the employer (Article 358 of the Labor Code of the Russian Federation). At the end of the application you must put a personal signature and date.

It is recommended to attach to your application a copy of the employment contract, as well as evidence of non-payment of wages, if available. The appeal can be submitted in person or sent by registered mail with acknowledgment of receipt. In addition, the appeal can be submitted via the Internet in the form electronic document. As a general rule, an application is considered within 30 days from the date of its receipt, however, in exceptional cases, the period for consideration of an application can be extended to another 30 days.

If during the inspection the regulatory authorities establish that wages are being delayed, the employer will be issued an order to pay you wages, as well as interest for the delay. The inspectorate monitors the implementation of the order. In addition, they will consider the issue of bringing the perpetrators to justice (Article 360 ​​of the Labor Code of the Russian Federation; Parts 6, 7, Article 5.27 of the Code of Administrative Offenses of the Russian Federation; Article 145.1 of the Criminal Code of the Russian Federation; paragraph 86 - Administrative regulations, approved Order of the Ministry of Labor of Russia dated October 30, 2012 N 354n).

Go to court

In case of demands for the recovery of accrued but unpaid wages, you should apply within one year from the date of the established date for its payment with an application for a court order to the magistrate at the location of the employer, at your place of residence or at the place of execution of the employment contract - if the recovered the amount does not exceed 500 thousand rubles. In this case, the court order will be an executive document (Part 2 of Article 392 of the Labor Code of the Russian Federation; Clause 1 of Part 1 of Article 23, Article 28, Part 6.3, Part 9 of Article 29, Article 121, Part. 1 Article 123 Code of Civil Procedure of the Russian Federation).

Note!

If you file a statement of claim with such demands in court from 06/01/2016, it will be returned to you by the judge as subject to consideration in the order of writ proceedings ( clause 1.1 part 1 art. 135 Code of Civil Procedure of the Russian Federation; Art. 4 Law of March 2, 2016 N 45-FZ).

If it appears from the writ petition and the documents submitted that there is a dispute of law, the judge will deny your writ petition. In this case, and also if the amount of the stated claims exceeds 500 thousand rubles, you need to file a statement of claim (part 1 of article 121, clause 3 of part 3 of article 125 of the Code of Civil Procedure of the Russian Federation).

The court order must be issued within five days from the date of application to the court. In this case, the parties are not summoned to court, and no trial is held. After the court issues a court order, a copy of it is sent to the employer. He may submit his objections to the court, if any, within 10 days. If no objections are received within this period, the court issues a second copy of the court order, certified by the official seal, to present it for execution. Upon application, the order may be sent to a bailiff for execution. However, if the employer nevertheless submits objections within 10 days, the order will be cancelled. In this case, in the ruling to cancel the court order, the judge explains that the stated demand can be presented in the manner of claim proceedings (Article 126, Resolution of the Plenum of the Supreme Court of the Russian Federation dated March 17, 2004 No. 2).

Note!

When going to court with claims arising from labor relations, employees are exempt from paying state fees and court costs ( Art. 393 Labor Code of the Russian Federation; pp. 1 clause 1 art. 333.36 Tax Code of the Russian Federation).

Quit without early warning

If the fact of non-payment of wages is established, then you have the right to resign according to at will at any time, without notifying the employer two weeks in advance. The employer will be obliged to terminate the employment contract within the period specified in your application (Part 3 of Article 80 of the Labor Code of the Russian Federation).

Note!

In addition to the above, you can report delays in salary payments by phone at " hotline» Public Chamber of the Russian Federation. All information received will be transferred to Rostrud and the prosecutor's office.

Prepared based on the material

expert in labor law

Konstantinova K.V.

Last modified: January 2020

The permissible intervals for making payments to personnel, as well as the maximum possible time that should pass between the performance of work and its payment, are established by law (Articles 136, 140, 141 of the Labor Code of the Russian Federation). Any deviation from these standards is unacceptable, but the duration directly affects the severity of the sanctions applied to the employer.

What are the acceptable deadlines for salary payments?

The entire list of restrictions on the dates of transfer of payment for work done is enshrined in Art. , , Labor Code of the Russian Federation. At the same time, the timing of salary payment depends on the specific circumstances of its accrual:

• For amounts for work performed, both systematic and one-time, the following parameters must be adhered to:
  • Payment occurs every half month;
  • The transfer of money is carried out no later than 15 days after the end of the time period for which the accrual was carried out.
• Payment upon dismissal is carried out on the employee’s last working day. If he did not go to work on the specified date, then the payment is made the next day after he applies for arrears;
• Vacation pay is transferred no later than 3 days before the start date of the vacation;
• The salary of a deceased employee, not received by him on the date of death, is paid to his closest relatives within a week from the date they submit documents for its issuance.

Any clauses allowing for delays in employee salaries in legislative acts No.

Can an employer withhold wages without consequences?

In general, an unpunished delay in the payment of wages, as noted above, is impossible. According to the provisions of Art. 236 of the Labor Code of the Russian Federation, the employer in any case charges the employee a penalty for each day of delay in the amount of 1/150 of the key rate of the Central Bank of the Russian Federation calculated from the amount of debt.

But it is also necessary to take into account the provisions of Art. 142 of the Labor Code of the Russian Federation, which regulates the procedure for self-defense of workers. It gives the employee the right to temporarily suspend work only in the case of full or partial work for more than 15 days. Based on this, the employee can initiate complaints to the inspection authorities, or, only after specified period, or in case of non-payment of the above penalty, since this would be a direct violation of the Labor Code of the Russian Federation.

Thus, if the employer paid the salary with due penalties within 15 days after the established local acts date of her inclusion, most likely he will not suffer any more severe punishment.

What does an employer face for delaying wages?

For those who have violated the terms of settlements with personnel, the legislation provides. Each of them depends on certain parameters, including the delay period:

• Financial liability, in the form of a penalty, occurs in any case, even if the deadline is not met by only 1 day;
• Administrative liability, ranging from fines to disqualification, will be applied if the delay is more than 15 days, and the employee contacts the authorized bodies;
• applies if there is personal intent of the manager in the following cases:
  • Complete non-payment for more than 2 months;
  • Partial (less than half the amount) non-payment for more than 3 months;
  • Payment less than the minimum wage issued for more than 2 months.

In this regard, the employer should think about whether it is worth delaying wages at all.

Today, the economic situation in the country is quite unstable, and therefore delays in wages are a very common phenomenon. There are many reasons for this: bankruptcy, changes in the cost of resources, etc. What to do if your salary is delayed, how legal is it? Let's discuss in our article.

Delay of wages under the Labor Code

If your employer delays issuing money not by a few days, but by a couple of weeks or even a month, it is best to immediately seek help from labor inspection. It is important to remember that the Labor Code of the Russian Federation clearly defines the terms and procedure for both wages and vacation pay, sick leave, etc.

According to Article 136 of the Labor Code of the Russian Federation, one of the main responsibilities of the employer is to pay the required funds at least twice a month. In this case, everything needs to be certified in documents such as:

• Agreement (collective, labor).
• Labor regulations.

There are also several nuances that are associated with the payment of bonuses and vacation pay. For example, the Labor Code provides for the payment of funds to an employee no later than three days before the vacation. If the payment date falls on a weekend or holiday, the funds must be transferred to the employee the day before - on the last working day.

By the way, many employers who want to circumvent this law, before hiring a new employee, ask him to fill out an application for payments once a month. It is worth remembering that such actions are absolutely illegal and can lead to serious fines and sanctions.

What to do if your wages are delayed?

As you already understand, delay is an important misconduct of the employer. If you approached the director several times, but were unable to get a clear answer as to why wages were being delayed, you need to protect yourself and your rights. This can be done with:

Appeals to the labor dispute commission

An employee has the right to contact his director with a proposal to create special commission, which should equally include employers and employees of the company. After the “body” is created, a deceived employee of the company can file a claim with it - it must be considered within 10 days after filing the application.

If the CCC considers the claim to be justified, the employer will be given three days to satisfy the employee’s demands. If the payment is not made, the commission will issue the employee a special certificate - with it you can contact the bailiffs to collect the debt.

Contact the labor inspectorate

If the employer does not agree to create a commission, it is better to go to the labor inspectorate at the place of registration of the company. If you cannot come in person, send its employees a written statement in which you need to indicate information about yourself, company data, describe the essence of the problem, put a date and signature.

Within a month, the labor inspectorate must find out who is to blame and who is right in the current situation, study it and issue an order to the employer to pay wages.

File a claim in court

If even after contacting the labor inspectorate the matter has not progressed, dead center, you need to go to court. In this case, it is better not to file a claim yourself - contact a professional lawyer, having collected all Required documents, confirming . After a court hearing, if the claim is accepted, the employer will be required to pay not only back wages, but also compensation. You also have the right to demand compensation for moral damages from your employer.

The only downside to going through the courts is that you will have to pay attorney fees, state fees, and court costs. Important point– you must go to court no later than three months from the date of debt accrual.

How much compensation can you receive?

What should an employee do if, due to some problems with his employer, he suddenly finds himself without wages? If you submit an application to an organization that protects workers’ rights in a timely manner, there is a high probability that the employer will incur liability - administrative or criminal, and therefore will also bear financial liability to your employees.
It consists of the obligation to pay monetary compensation to its employees in the event of a delay in wages, and they are required to pay it even if the company itself is not to blame for what happened (for example, customers failed, payments were not made on time, etc.).
Compensation is calculated using the generally accepted formula:

Debt to the employee * by % of the refinancing rate established by the Central Bank of the Russian Federation * number of days of delay.

However, in order to specifically calculate the amount that an employee can receive, one should take into account the fact that the refinancing rate is constantly changing, in addition, calculations are carried out without taking into account taxes. To avoid confusion, let's take a closer look at the algorithm for calculating compensation:

• We determine the amount of wages that should have been paid to the employee.
• We determine the start date of the delay.
• We determine when the funds should have been transferred to the employee’s account.
• We clarify the rate set by the Central Bank of the Russian Federation at the time of delay. If the rate has changed, this should also be taken into account when calculating.

Let's look at an example

A company employee's payment in the amount of 30 thousand rubles (including personal income tax of 13%) was delayed by 15 days - instead of the due date of March 10, 2017, it was paid only on the 25th. The refinancing rate during this period was 11%, therefore, the calculation will be as follows:
30,000 rubles* 11%* 15 days = 49,500 rubles.

Suspension of activities by a company employee

According to the Labor Code of the Russian Federation, if the delay in wages is more than 15 days, the employee has the right to suspend his payment (this information is specified in Article 142, Part 3 of the Labor Code of the Russian Federation).

However, in order for everything to be according to the law, be sure to notify the employer of what you are going to do. To do this, fill out an application and submit it no earlier than 15 days after the missed payment deadline for your work.

The application form can be arbitrary. True, for the suspension of activity to be legal, you need to go to work the next day after the employer verifies the application you wrote.

There are cases when stopping the work process is prohibited. These include:

• The period of introduction of martial law or emergency.
• When working in the military service or in organizations that are related to ensuring the security of the country.
• In case of participation in rescue activities, during the liquidation of accidents.
• When working in the Ministry of Emergency Situations or fire service, in the police.
• When working in companies engaged in servicing production facilities with hazardous factors.
• When working in organizations that are responsible for the safe functioning of people. These are water supply, heating companies, etc.
• This rule does not apply to all civil servants.

How can they be punished for late wages?

As we have already said, the Labor Code provides for serious liability for violation of the terms of payment of wages. True, depending on the amount of the delay and the timing of payments, liability may be administrative or criminal.

In case of violation labor standards according to Art. 5.27 of the Code of Administrative Offenses of the Russian Federation provides for either a warning to the employer or an administrative fine in the amount of:

• For an official or individual entrepreneur from 1000 to 5000 rubles.
• For a legal entity – from 30 thousand to 50 thousand rubles.

In case of repeated violation, the amount of the fine will be increased.

• For an official or individual entrepreneur - from 10 thousand to 20 thousand rubles.
• For a legal entity – from 50,000 to 70,000 rubles.

Instead of a fine, an official or entity may be deprived of the opportunity to borrow high positions for a period of up to three years.

The Criminal Code of the Russian Federation provides not only for the payment of a fine, but also for personal liability for non-payment of wages. For example, if wages were paid partially (less than half of the due amount) for more than three months, the penalty may be as follows:

• A fine of up to 120,000 rubles or up to a year’s salary.
• Inability to hold certain positions for up to a year.
• Forced labor for up to two years.
• Imprisonment for up to a year.

In case of complete non-payment of wages (or payment less than the minimum wage) within two months, the employer faces the following:

• A fine of 100 thousand to 500 thousand or the manager’s income for a period of up to three years.
• Forced labor for up to three years and a ban on working in a certain position for three years.
• Imprisonment for up to three years.

It is important to note that if, due to non-payment of wages, an employee commits suicide or his close relative dies (for example, due to lack of funds for treatment, etc.), the official who violated the law will receive a serious sentence for bringing suicide. However, you need to provide serious evidence base that death or suicide is directly related to non-payment of wages.

In contact with

In the Labor Code, all chapters are devoted to issues related to wages, starting with the 133rd and ending with the 158th. And it would not hurt for every person to become familiar with them. In addition, this document contains chapters that contain information on such a topical issue as, according to the Labor Code, it is permissible, but everything has a limit. And this case is no exception.

Innovations

First of all, it should be noted that as of October 3, 2016, the deadlines for issuing wages have changed. Also, in accordance with Federal Tax Service letter No. 3H-4-17/15799 dated August 29, 2016, employees who are non-residents of Russia are prohibited from issuing salaries in cash. Only bank transfer can be used.

Until 10/03/16, all organizations, in accordance with the law, were required to issue salaries to their employees at least every six months. If payments were made once every 30 days, then this was a direct violation of the law. More often, the accrual of legal remuneration was allowed. But no less often. Even if the employee himself asks for it in writing.

The new edition requires that the organization set exact, specific dates, and before the 15th of the month. Formulations general plan every employer is obliged to exclude. These include something like this: “Wages are calculated in the period from the 20th to the 25th.” And the provision that payments must be made at least 2 times a month remains valid.

Article 142 of the Labor Code of the Russian Federation

Everything related to such a topic as delayed salaries is described in it. The Labor Code states the following: “If an employer or someone who is his authorized representative has committed untimely payment of legal remuneration to an employee, then he is obliged to bear responsibility in accordance with federal laws and Labor Code of the Russian Federation".

This chapter gives some ideas to organizations. This is what the Labor Code says: a delay in wages that lasts more than 15 days is legal basis for the state to suspend its activities. But before stopping going to work, each employee is required to draw up a written notice and submit it to his superiors.

Exceptions

According to the Labor Code, 15 days is grounds for termination of work, but not with a number of exceptions. They are also indicated in Article 142.

Suspension of work is not permitted during periods of emergency/martial law. Or during special measures introduced by the state in connection with the state of emergency.

Also, people serving in organizations of the BC of the Russian Federation, as well as employees of formations involved in ensuring state security and national defense, cannot stop working. The same applies to employees of search, law enforcement and emergency rescue structures, and government employees.

But this is not the entire list of exceptions that the Labor Code contains. The delay in wages also does not allow people working in organizations that service particularly dangerous types of equipment and production to stop their work. And to workers in structures that perform tasks related to ensuring the livelihoods of the entire population. This relates to heating, energy saving, water supply, ambulance health care, communication, etc.

Further actions

Usually after the employee has stopped his labor activity, management is taking all possible measures to accrue legal remuneration to him. However, a person should not be particularly concerned about this. Since even while he is not fulfilling his duties, he retains his salary.

But he must return to his work place the next day after he receives a notification from his boss that he is ready to accrue the delayed remuneration (necessarily in writing). The amount is transferred to the card on the day the person returns to work.

Employer's liability

The above provisions are not all that the delay of wages under the Labor Code implies. It gives employees the right to suspend their activities, but obliges the employer to bear financial responsibility.

In accordance with Article 5.27 of the Code of Administrative Offenses of the Russian Federation, an organization for such an offense must pay a fine, the amount of which ranges from 30 to 50 thousand rubles. The head of an enterprise may also incur administrative liability (under the same article), criminal liability (Article 145.1 of the Criminal Code of the Russian Federation) or disciplinary liability (Article 192 of the Labor Code of the Russian Federation). How serious the punishment will be depends on the severity of the violation he committed.

In addition, the employer is obliged to pay compensation to its employees. Even if due to the fault of the bank there was a delay in wages.

It involves calculating compensation using a certain formula. Wage arrears must be multiplied by 1/300 of the refinancing rate and the number of days of delay.

But the most serious punishment faces the employer for complete non-payment of salary for 2 or more months. In accordance with Part 2 of Article 145.1 of the Criminal Code of the Russian Federation, he may face imprisonment for a term of 2 to 5 years.

If the violation is not resolved

There are special cases in which an employee of an enterprise filed a claim with the employer, but the latter ignored it and did not pay legal remuneration. In this case, the person has the right to file a complaint with the State Labor Inspectorate. Or to the prosecutor's office.

In his application, a person must indicate his full data, details of the organization, briefly describe the essence of the matter, and also attach documents to the complaint that confirm that there is indeed a delay in wages. 2014, by the way, was especially full of such requests. At that time, many became victims of unpaid rewards.

Once the evidence has been collected and the complaint has been drawn up, you can send everything to the appropriate authority. Either in person or by registered mail.

Payments upon dismissal

They are also worth noting. Dismissal is a legal procedure that involves settlement of the employee leaving the company and return to him work book. Payments are usually made on the last day of work. Or the one that followed the day in which the person turned to management with a demand for payment. This is stated in Article 140 of the Labor Code of the Russian Federation.

And even in such cases of dismissal, there is a delay in wages. According to the Labor Code, upon dismissal, a person is obliged to come for payment himself. If the manager hesitates, then his departing employee has the right to make a claim. He can even contact the relevant judicial authority, which is the Labor Inspectorate. The complaint is considered within a calendar month. Then there are proceedings and trial. Everything takes a certain time, takes away nerves and strength, therefore it is in the interests of the employer to pay the person without directly involving the law.

What to pay attention to

Finally, it is worth noting that every person, when applying for a job, must familiarize himself with the local regulations of the enterprise where he intends to work. He is And it says everything about salaries, salary calculations and bonuses. And also about the dates when employees receive advance payments and legal remuneration. This document is the answer to all questions that interest any person applying for a job.

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