The current legislation of the Russian Federation unequivocally answers the question "How long can the salary be delayed under the law?" According to the Labor Code of the Russian Federation, a delay in salary payments is not permissible even for 1 day! Article 136 of the Labor Code establishes the frequency of remuneration - 2 times a month. Payments must be made every two weeks, for example:
- 20th day - payment for the first half of the month;
- The 10th is the final payment for the month.
You cannot pay once a month. This violates the provisions of the Labor Code. When checking the observance of the labor rights of personnel, the labor inspectorate may impose a fine on the management of the company, as well as on the institution as a whole. Restriction of the company's activities is possible.
The institution is required to establish specific terms for remuneration and fix them in a collective agreement, service contract, and labor regulations. In the process of registering staff for work, it is mandatory to familiarize them with the dates of salary payments. Depending on how long the delay occurred in payments, management is responsible for:
- administrative;
- material;
- criminal.
Administrative liability arises on the basis of Article 5.27 of the Administrative Code in case of delay in payment of labor, as well as in violation of the labor rights of personnel, and is accompanied by the imposition of a fine in the amount of:
- From 1 thousand rubles. up to 5 thousand rubles for individual entrepreneurs and the management of the institution. For individual entrepreneurs, it is possible to limit activities to three months.
- From 30 thousand rubles. up to 50 thousand rubles. on a legal entity or limiting the functioning of the institution to three months. In case of repeated violation, officials may be removed from their post for up to three years.
If payment wages was not carried out for two months (in case of complete non-payment) and more than 3 months (in case of partial non-payment), the management is brought under Article 145.1 of the Criminal Code of the Russian Federation - criminal liability.
Types of punishment:
- a fine in the amount of 100 thousand rubles. up to 500 thousand rubles or corresponding to the amount of wages or other income of the guilty person for the last three years;
- restriction of freedom for up to three years with the imposition of a ban on holding specific positions for a similar period. In this case, it must be established that the official has a personal benefit in delaying the payment of wages.
In case of a repeated offense on the basis of a court decision, the guilty person may be disqualified from his position, and the labor contract with him may be terminated. Force majeure may arise, resulting in non-payment of salaries.
In this case, the employer is obliged to pay compensation to the staff for each day of delay. The amount of compensation corresponds to 1/300 of the Central Bank's refinancing rate.
Additionally, administrative or criminal liability may be imposed. It is necessary to know the rights of workers in the event of delayed wages. If the delay is more than 15 days, the staff has the right to stop working, while notifying the management of the institution in writing. The employee has the right not to be present at the workplace until the full repayment of the debt. In this case, in accordance with Article 157 of the Labor Code, the employee is entitled to compensation for the forced downtime. The amount of compensation is set at 2/3 of the average monthly earnings.
There are organizations in which, in accordance with current legislation, it is prohibited to be absent from your workplace:
- institutions related to the Armed Forces of the Russian Federation, other military formations that ensure the defense and security of Russia;
- organizations providing rescue, fire-fighting, emergency and natural disaster prevention work;
- in law enforcement agencies;
- in the executive authorities and so on;
- also when a state of emergency or martial law is introduced, and other special measures.
Upon delivery of an official notice of the employer's readiness to pay off wage arrears, the staff must take over at their workplace no later than the next working day. If the salary is not paid for more than 15 days, the employee can apply with the appropriate application:
- to the labor inspection;
- to the prosecutor's office;
- to court.
The statement of claim is submitted to the court no later than 3 months after the violation of the salary payment deadline. Otherwise, the court may refuse to consider the case.
Before submitting an application to the above authorities, it is recommended to send a written request to the employer with a request to explain the reasons for the formation of debt and the timing of its repayment.
Hello! In this article, we will talk about delays in the payment of wages.
Today you will learn:
- What should be the terms of payment of wages;
- Everything about fines and penalties for non-payment of wages on time;
- What rights do workers have in a situation when their wages are delayed.
Unfortunately, in Russia, due to a poorly functioning economy, the current crisis and many other reasons, salaries are often delayed. And most workers take this for granted, believing that it is better to work and get paid sometime later, and often even less than it should be than it is now to defend their rights. In order to explain how organizations should operate and what an ordinary employee can do in order to get paid, we have prepared this material for you.
Terms of payment of wages
Until recently, the timing of wage payments gave employers more options and freedom in the scope and timing of wages. But since mid-2016, the legal framework has changed. Previously, each company was obliged to pay its employees money at least 2 times a month (possibly more).
Now "the difference between payments cannot be more than 15 days." This means that now it is impossible to issue a salary at the beginning (for example, 2-4 numbers) and at the end (28-30). This allows employees to better plan their expenses. At the same time, the amount of wages remained the same - advance payment (often 40%) and the remaining amount of wages (often 60%).
The main normative act that can be referred to is the labor code.
But the organization must have its own local acts, which can regulate the following areas:
- The amount of wages;
- Procedure and amount of bonuses;
- Place of payment;
- Overtime, weekend and other allowances;
- Various seniority bonuses.
Moreover, everything that is indicated in these local acts within the organization cannot go against the laws, but if violated, it is interpreted in favor of the latter.
It should be borne in mind that if the day of issuance of wages is a day off, then it must be issued before, and not after, as many employers practice. However, some of them indicate completely different payment terms.
In such cases, it should be remembered that anything that is a direct violation of the law (and the postponement is such) is invalid, even within the framework of an employment contract.
It is worth noting that if less than 15 days elapsed between one payroll, and more between another for the same reporting period, then this is considered a violation of labor legislation, and is recognized as a penalty case. At the same time, the employer has the right to pay strictly in 15 days once the wages, and after 14 another.
Compensation for delayed wages
Compensation for delayed wages is the financial responsibility of the organization and the obligation that the company has towards its employees.
The employer's liability does not depend on the reasons for the delays. If earlier the company's management could justify the non-payment of funds on time with weighty reasons, now there is no such way.
All responsibility for the risks of the company and, accordingly, the affected employees completely falls on the shoulders of the head of the organization.
The current formula for calculating the delay penalty is:
Salary amount * 1/150 of the current refinancing rate,installed by the Central Bank * Number of days of delay
It should be borne in mind that the amount of overdue wages is taken in full, and not minus personal income tax (clause 4 of article 226 of the Tax Code of the Russian Federation).
We will calculate the amount of the fine that the employer will have to pay for a specific example:
PJSC Romashka has detained the salary of its employee since January 20. Let's take the actual payment date - February 12th. Payments are made on the 20th and 5th of each month. The employee's salary is 50 thousand rubles. 40% on the 20th and 60% on the 5th. The refinancing rate for this period did not change and amounted to 7.75%.
In this case:
- From January 20 to January 31 - 11 days at the rate of 20,000 rubles;
- From February 1 to February 12 - 11 days at the rate of 20,000 rubles;
- From February 5 to February 12 - 6 days at the rate of 30,000 rubles.
We calculate the amount of compensation:
- 20,000 * 1/150 * 7.75% * 22 \u003d 228.80 p. (from January 20 to February 12);
- 30,000 * 1/150 * 7.75% * 6 \u003d 93.60 p. (from February 5 to February 12).
The total amount of compensation that the employer will have to pay is:
228.80 + 93.60 \u003d 322.40 rubles
The longer the employer does not pay wages, the more debts accumulate, and the more compensation he will have to pay to employees. Of course, the amounts that the employer will pay to employees will not be compared with the costs due to non-payment, but for violation of labor legislation he will still have to answer to the Labor Inspectorate, and there the fines are already waiting "not joking".
Manager's responsibility for delayed wages
For a delay in the payment of wages to its employees, the head of the organization can be brought to administrative and criminal liability. Let's consider in what cases each type of punishment is applied.
Administrative responsibility
The Code of Administrative Violations (CAO RF) says that administrative responsibility is imposed on the guilty person - the head of the organization.
The fine for non-payment of wages to employees on time for the company will be 30-50 thousand rubles, for its official 10-20 thousand rubles. If an individual entrepreneur has violated the labor legislation, then the fine for him will be from 1 to 5 thousand rubles. This is in cases where selfish intent on the part of the head has not been proven.
In this case, the organization can suffer and much more seriously. If he does not pay his employees a salary for several months, then he may be deprived of the right to do business for 3 months. The same applies to any form of legal entity.
It should be noted that the suspension of work for any organization is almost a 100% guarantee of it. That is why the suspension of activities by the executive bodies will mean that an individual entrepreneur or a legal entity will not be able to pay off its obligations, since it does not provide services and does not produce anything and will incur additional losses.
Criminal liability
This type of liability is rarely called upon due to the fact that it is difficult to prove. According to article 145 of the Criminal Code of the Russian Federation, the employer can be brought to criminal responsibility for the late payment of wages. In this case, the employer should not pay wages for 2 months for selfish purposes.
Precisely because there is a postscript "for selfish purposes", it can be very difficult to prove this fact. The local prosecutor's office (individual entrepreneur) will investigate the fact of non-payment. She conducts an independent investigation and with sufficient evidence, the responsibility to which the leader is involved is imprisonment from 1 to 3 years and a fine of up to 120 thousand rubles.
Now let's systematize the information received using a table:
| Type of responsibility | Material | Administrative | Criminal |
| Impact on the employee | Maximum. Brings compensation for non-payment depending on salaries | Minimum | Minimum |
| Impact on the organization | Leads to a deterioration in the organization's reputation | Very strong. Could ruin the company | Leads to a change of leadership and a deterioration in the organization's reputation |
| What is regulated | Labor Code | The Code of Administrative Offenses | The Criminal Code |
| In whose favor are the payments | In favor of injured workers | In favor of state bodies |
As we can observe, material compensation is the most beneficial for an ordinary employee who has suffered in a situation with delayed wages.
Thanks to this compensation, he has the opportunity to receive additional funds, which, of course, will not cover the financial difficulties that have arisen due to the delay, but at the same time they will be able to somehow compensate for the expectation.
In the other two cases, the dishonest leader will be held accountable and most likely fired, and the company's reputation will be tarnished.
Employee rights in case of delayed wages
If a situation of delayed wages arises, the employee can and must defend his rights by the following methods:
Suspend your work... If the employer does not pay money for 15 or more days, then employees have the right to suspend their activities until they pay the due amount.
But it is necessary to notify the employer in writing about the suspension of work. This can be done in an official way, offering to sign him on the second copy of a copy of the notice of the suspension of work, and if the manager refuses, you can send a certified letter with notification upon receipt. In this case, you can stop working as soon as the employer receives this letter.
But without written notification, work cannot be stopped, as this can be regarded as failure to fulfill their duties and serve as a reason for dismissal.
At the same time, during non-performance of his duties, the employee may be absent from the workplace, but wages will continue to be charged according to the average salary. But it will be necessary to go to work the next day after a written notification from the employer about the readiness to pay off wage arrears.
These include:
- Servicemen and employees of the Ministry of Internal Affairs, Ministry of Emergency Situations, law enforcement agencies, firefighters and other employees responsible for the security and defense of the state;
- Civil servants of any profession;
- Workers providing livelihoods for the population (energy companies, water and heat supply, ambulance, etc.).
Contact the labor inspectorate.Another option for an employee to act is to contact the Labor Inspectorate.
In the application, it is necessary to clearly and clearly indicate the reason for which the employee applies to this body, attach documents confirming the non-payment of wages, if any, and preferably a copy of the employment contract. The appeal will be considered within 30 days. In special cases it will take another 30 days.
If, during the inspection, the inspectorate confirms the fact of non-payment of funds, then it will send an order to the head to issue wages, and also conduct an investigation with the perpetrators brought to justice.
Contact the labor dispute committee.The employee has the right to apply to the authorized body within the company to resolve financial issues between the parties to the employee and the employer.
If there is no commission, he has the right to apply for its collection no later than 10 days after the application. The labor dispute committee consists of an equal number of representatives of the employer and the employee. An employee can apply to the labor dispute committee within three months from the day he learned about the fact of non-payment of wages.
Such a dispute is considered within 10 days from the date of application. If the monetary claims are justified, then the employer is obliged internally to pay the monetary funds. Within 10 days, the employer can appeal against such a decision, but if he does not do this, he is obliged to make payments within 3 days after the expiration of the appeal period.
If the decision was not enforced within this period, then the employee must be issued a certificate, thanks to which one can apply to the executive bodies for the purpose of enforcing the collection of funds with the help of bailiffs.
Resign of your own free will within the application deadline.If the fact of non-payment of wages is officially established, then the employee has the full right to apply for and quit within the prescribed period without working 2 weeks.
For the employer, non-payment of wages carries very big problems both with employees and with the law. It is better to try to solve problems peacefully and look for funds for payments.
The employer's only chance, if he sees that the delay is inevitable, is to ask employees not to leave the place and not to go to higher authorities. Otherwise, along with fines and fines, the enterprise will begin to accumulate colossal debts, and if the authorized bodies decide to suspend the company's activities for several years, then this will mean complete ruin.
Go to court... To do this, you will need to write an application for a court order to the magistrate.
A court order is an executive document, according to which the employer will be obliged to pay money to his employee.
But if the amount owed by the employer to the employee is more than 500 thousand rubles, then a statement of claim will be required from the employee in order to legally collect the required amount from the employer and investigate this precedent.
Conclusion
Delay in wages is a very important and sensitive issue that often becomes a stumbling block between employers and their employees.
Of course, entrepreneurship is a risky activity, but the employer is not responsible for these risks. That is why, regardless of the reasons, payroll is a mandatory procedure on the part of any employer.
At the same time, simply payment of funds, without calculating compensation, is a direct violation of the law. But sometimes it is better for employees to get into the position of the employer and give him the opportunity to pay off without contacting higher authorities, since this can serve as a reason for the complete ruin of the company and, as a consequence, not covering debts to their employees.
The difficult economic situation in the country, the crisis of non-payments, delays in deliveries and other problems often cause the employer to be unable to pay wages to his employees within the statutory deadlines. In this article, we will consider what to do if the employer is delaying wages, and what the employees themselves can do in this case.
Delayed Payroll Act 2019
According to the Labor Code (LC) of the Russian Federation (part 6, article 136) and the letter of the Ministry of Labor of the Russian Federation of November 28, 2003 No. 14-2-242, wages must be paid to employees hired under an employment contract 2 times a month. The exception is situations when an employee is hired to perform any tasks under a civil law contract. This option provides for the registration of any payment terms that suit both parties. This agreement is written directly in the contract.
Delay in wages according to the Labor Code in 2019 is allowed for a period of not more than 15 days. This is spelled out in the amendments of 10/03/2016 to Art. 136 of the Labor Code of the Russian Federation. This admission implies that the employer has the right to delay the payment no more than 15 days after the end of the period for which it was charged (Federal Law (FZ) No. 272 \u200b\u200bof 03.07.2016).
Dates of payment of wages must be fixed in at least one of the following documents:
- in an employment contract concluded between the employee and the employer;
- in the collective agreement;
- in the internal regulations.
Algorithm of actions for an employee with a delay in wages
Additionally
There are certain cases when it is unacceptable to stop work:
- workers of rescue and emergency services, military, firefighters;
- in an emergency;
- civil servants;
- workers who service especially dangerous types of industries, equipment;
- workers who provide livelihoods for the population (ambulance, water supply, gas supply, energy supply, heating, communications).
Based on the legislation, if wages are delayed for more than 15 days, the employee can take the following actions:
- write a notice addressed to the employer that due to the delay in payments for more than 15 days, he stops performing his official duties. This document must be drawn up in 2 copies, one remains with the employer, and the responsible person who has accepted the notification must sign for acceptance on the other. This is necessary so that the employee does not have absenteeism, and to prove the legality of actions in court (if required). It should also be taken into account that the employer will have to pay for the period of suspended work;
- not to go to work until the moment of written notification from the employer about the intention to issue a salary;
- file a statement of claim in court for violation of civil rights.
If the delay in wages exceeds 3 calendar months, then the employee, in addition to the above actions, can file an application with the arbitration court to declare the company in which he works bankrupt. The court will take the case into consideration if the employer's debt to employees is at least 300 thousand rubles.
In addition to the above actions, the employee has the right to report a violation of his rights to the following authorities:
- to the Federal Labor Inspectorate;
- to the prosecutor's office at the location of the company where the employee works;
- to the court (a sample statement of claim for non-payment of wages can be found).
If at the enterprise or in the organization the salary is delayed by several workers, then it is better to defend their rights together. Collective applications in government bodies will be considered faster than individual ones, and they will also have a better chance of a positive result.
When contacting all government agencies, you must submit a written application indicating the fact of delayed wages, the timing of the delay, the exact details of the company and your personal data. Provide supporting documents if available.
Watch the video for expert advice on how to collect your salary if your salary is delayed
Consequences for the employer in case of delayed payments
Failure by the employer to comply with the terms of the employment contract, including delayed payments, entails any response.
List of possible consequences:
- termination of the labor activity of the company's employees in case of non-payment of wages for more than 15 days after the period specified in the labor or collective agreement (Article 142 of the Labor Code of the Russian Federation);
- based on average earnings;
- taking measures of administrative and (or) material responsibility, including payment of monetary compensation to employees. Administrative liability involves the imposition of a monetary fine, suspension of the company's activities;
- bringing to criminal responsibility;
- initiation of bankruptcy proceedings by the company's employees in case of delay in payments for more than 3 months.
It is worth noting: if salaries are paid to employees according to a gray or black scheme, then even in the courts it will be quite difficult to prove the facts of delays and non-payment, and it is almost impossible to bring the employer to justice. Therefore, it is worth discussing the issue of official payment of wages with the employer in advance.
Employee compensation for delayed wages
Monetary compensation for late payment of wages is one of the measures to stimulate the timeliness of payments. Typically, it represents a certain interest accrued on the amount owed. Payment of compensation interest in case of delay in wages is the duty of the employer, regardless of what the reasons for the delay in payment were (Article 236 of the Labor Code of the Russian Federation).
The minimum amount of compensation charges, in accordance with Federal Law No. 272 \u200b\u200bof 03.10.2016, is equal to 1/150 of the key rate of the Bank of Russia for the amount of delayed payments for each day of delay. The key rate as of March 27, 2017 is 9.75%. Thus, the employer is obliged to pay the employee his earnings plus compensation calculated for each day of delay in payment.
You can try to solve the problem of delayed salary before contacting various government agencies within the team. For this, the company creates a labor dispute commission. It should consist of equal numbers of representatives from the employee and from the employer. The commission is engaged in solving the problem within 10 days. If a peaceful settlement does not work out, then you should then contact the state supervisory authorities.
Ask questions about the topic of the article and get an expert answer
Where to go and what to do if the employer does not pay wages?
Where to go if you don't pay your salary? This issue, despite the rather strict legal regulation in the labor sphere, still does not lose its relevance.
In this case, there are several options for the development of events (by the way, nothing prevents you from using all at the same time):
1. If you do not know where to turn, if you do not pay salaries, then keep in mind that your leadership should be the first instance. According to the current legislation (Article 142 of the Labor Code of the Russian Federation), an employee is entitled to self-defense, which can be expressed in the form of absenteeism in the event of a delay in the payment of wages for more than 15 days. But it must be said that in this case, the employee is obliged to notify the employer of his intention in writing. At the same time, the provisions of the law establish the obligation of the employee to appear at work no later than the next day after receiving from the employer a notice of readiness to pay the debt on the day he resumes his work. In addition, the specified article of the Labor Code provides for a number of restrictions for employees of certain specialties who are not entitled to suspension of work:
4. If you don't pay your salary, where else can you go? The court remains. In this case, it is not about punishing the culprit, but about returning the honestly earned money. The authorized bodies (mentioned above) will deal with the application of sanctions against the employer, and you need to take care of getting your money back. At the same time, in the statement of claim, it is possible to demand not only the return of the amount of debt, but also the accrual of compensation in the amount of 1/150 of the key rate of the Central Bank of the Russian Federation (at the moment it is 8.50% per annum) for each day of delay. It should be noted that the calculated compensation should be counted from the day following the day when you should have been paid wages. That is, if it should be issued on the 15th, then the compensation will be calculated from the 16th.
Based on the foregoing, everyone can use one or more of the proposed options (see also: Where to complain about the employer, and how to complain correctly?). One thing is for sure: if the employer does not pay wages, he can and should be held accountable and his rights protected. For this, the legislator has provided several effective mechanisms of legal protection.
How to apply to the prosecutor's office for an employer?
According to the Constitution of the Russian Federation, the prosecutor's office is a supervisory body authorized, among other things, to carry out prosecutorial inspections on received applications from citizens (see: How to file a complaint with the prosecutor's office (sample)?). Due to the fact that the current legislation provides for several types of liability, the prosecutor has the right to conduct an inspection in order to apply the required sanctions against the unfair employer.
If the employer does not pay wages, then when contacting the prosecutor's office, the algorithm of actions will be as follows:
- Come to the prosecutor's office.
- At the entrance, find out the name and office number of the officer on duty (the prosecutor or one of his assistants or deputies).
- Explain the essence of the problem to the person on duty.
- Write a statement with him.
If you do not have time for personal visits, you can write an application in free form yourself and send it by mail.
Who and where to call if wages are delayed?
So, let's figure out where you can call in case of delayed wages. In accordance with the law "On the Procedure for Considering Applications of Citizens of the Russian Federation" dated 02.05.2006 No. 59-FZ, citizens have the right to apply to any government agency in any form and receive a response to their appeal.
The law does not provide for a mandatory form of such treatment. Therefore, if wages are delayed, you can also apply by calling the above authorities - the prosecutor's office or the labor inspectorate.
But right there it should be noted that all official checks are carried out only if there is a reason, which must be formalized in writing. This means that you can get advice on possible further actions and arrange a meeting with representatives of a state body by phone, but if you want to take real action from these bodies to resolve the situation, you still have to apply in writing.
How much can they not pay wages and is it permissible?
In general, if the salary is not paid, we have suggested what to do. However, life is unpredictable, and the situation can be such that the delay occurs for reasons beyond the control of the employer. In this case, a reasonable question arises: how long can the salary be delayed?
According to Art. 136 of the Labor Code of the Russian Federation, wages must be paid at least 2 times a month - on the days that are established by the internal labor regulations of a particular organization. In this regard, a violation of the specified deadlines, even by 1 day, is unacceptable and may be the basis for bringing the employer to responsibility.
Of course, hardly anyone will knock over the thresholds of the authorities in case the money was delayed for a day, but from a theoretical point of view, this is possible. Thus, we emphasize again: salary cannot be delayed regardless of the timing. Otherwise, there is a reason to prosecute the employer.
Responsibility of employers who do not pay wages (including after dismissal)
In case of delayed wages or in case of violation of other labor rights of employees, the employer is responsible for this in accordance with Art. 5.27 of the Code of Administrative Offenses:
- officials and individual entrepreneurs are fined from 10,000 to 20,000 and from 1,000 to 5,000 rubles, respectively;
- for legal entities, the fine ranges from 30,000 to 50,000 rubles;
- if a violation of this kind is committed repeatedly, the size of the fines increases: from 20,000 to 30,000 rubles for officials, from 10,000 to 30,000 for individual entrepreneurs and from 50,000 to 100,000 rubles for organizations.
In case of complete non-payment of wages for 2 months or more, sanctions are applied in accordance with criminal law. Art. 145.1 of the Criminal Code of the Russian Federation provides for punishment:
- in the form of a fine, the amount of which ranges from 100,000 to 500,000 rubles or equal to the salary or other income of the convicted person for a 3-year period; or
- imprisonment for up to 3 years plus the deprivation of the perpetrator of the right to carry out certain activities or the ability to occupy certain positions for a similar period (or without it). It all depends on the specific circumstances of the case and the classification of the act according to part 2 or 3 of this article.
Now about the valid reasons for the delay in wages. If the employer did not pay wages on time, but this delay occurred due to circumstances beyond the employer's will, he, in accordance with the current legislation, is obliged to pay compensation to employees, which is calculated at the key rate of the Central Bank of the Russian Federation (see. : What is the compensation for delayed wages?). Also, he can additionally be brought to administrative responsibility.
In this matter, the legislator is strict: he did not envisage the possibility of avoiding the payment of compensation even in the event of force majeure. But administrative and criminal liability can be avoided (as shown by judicial practice).
It is the right of every employee to get paid on time and in full. It is enshrined in the Constitution and the Labor Code of the Russian Federation. Legislators made sure that this right is respected - for employers there are several forms of liability for late or incomplete payment of wages. The owner of the law firm Maxim Krupyshev tells in more detail about the ways of influencing the management of a company that delays payments to employees.
When should the salary be paid
Payments to employees are made twice a month, and the gap between payments should be no more than 15 calendar days (Article 136 of the Labor Code of the Russian Federation). The exact date of receipt of the advance and the balance of the amount is determined by the company's internal regulations or a collective agreement. If a written employment contract was concluded with you, it must also indicate the timing of the payment of wages.If the day set for payment is a day off or a non-working day, then the part of the salary due to you must be paid in advance, on the next working day. With vacation pay it is even stricter: the employer must list them at least 3 days before the start of the vacation.
What to do in case of delayed wages
If wages are delayed by more than 15 days from the deadline, send a written notice to your superiors, and you may not show up at work until the due amount is paid. At the same time, you retain your average earnings. This right is granted to hired employees by Article 142 of the Labor Code of the Russian Federation. The exceptions are:- military, police, rescuers and firefighters;
- civil servants;
- workers of especially hazardous industries;
- representatives of enterprises directly involved in ensuring the life of the population (ambulance, heating, electricity and gas supply, etc.).
- write to whom the document is addressed (company name, position and full name of the head);
- indicate the data of the sender (name, position and mailing address - yours or several employees, if the appeal is collective);
- describe in detail the violation committed by management, mentioning the exact dates of the payment of salaries and the delay period;
- ask for the start of written negotiations to clarify the causes of what happened and eliminate the consequences.
Where to go if management does not respond
When you can't solve the problem of delay with management, you can protect your rights:- labor dispute commission;
- labor inspection;
- the prosecutor's office;
What compensation can be obtained for delayed wages
In case of late payment of remuneration for work, the employee is entitled to monetary compensation (Article 236 of the Labor Code of the Russian Federation). It is assigned regardless of the reason for the delay and is calculated using the formula:Salary amount * 1/150 of the key rate of the Central Bank of the Russian Federation * number of days of delay
In addition, you can claim compensation for non-pecuniary damage. You determine the amount yourself, indicating it in the statement of claim. Based on the results of the proceedings, the court can correct it or exclude it from the requirements.
What is the employer's responsibility for delayed wages
In addition to material liability in the form of payment of compensation for delay, other sanctions may be imposed on the employer:- Disciplinary action in the form of a warning, reprimand or dismissal.
- Administrative penalty. Appointed if there is a fault of the company's management. The amount of the fine: for officials - from 10 to 20 thousand rubles, for an organization - 50-100 thousand rubles.
- Criminal penalty. It is applied if the court proves the mercenary motives of the company's officials. In this case, the sanctions can be in the form of a fine of up to 500 thousand rubles (or a 3-year salary of the culprit), forced labor or imprisonment for up to 3 years.
