How to calculate compensation for salary delay. Compensation must be paid not only for delayed wages Delayed wages according to the labor code responsibility

In the Labor Code, issues relating to wages, all chapters are devoted, starting with the 133rd and ending with the 158th. And it would not hurt to familiarize everyone with them. Besides 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 from 10/03/2016 the terms for issuing wages have changed. Also, in accordance with the letter of the Federal Tax Service of August 29, 2016 No. 3H-4-17 / 15799, 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, had to pay salaries to their employees at least every half a month. If payments were made every 30 days, then this was a direct violation of the law. More often, the accrual of legal remuneration was allowed. Ho no less. 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 day of the month. Wording general plan every employer must exclude. These include something like this: "Salary is accrued in the period from the 20th to the 25th." And the provision that payments should occur at least 2 times a month remained valid.

Article 142 of the Labor Code of the Russian Federation

Everything related to such a topic as salary delays is written in it. According to the Labor Code, the following is stated: “If the employer or the one who is his authorized representative has allowed the untimely payment of the legal remuneration to the employee, then he is obliged to bear responsibility in accordance with federal laws and the Labor Code of the Russian Federation.

This chapter provides some of the organizations. Here's what the Labor Code says: Withholding wages that lasts more than 15 days is legal grounds for a state to suspend operations. Ho before you stop going to work, each employee must draw up a notice in writing and hand it over to his superiors.

Exceptions

15-day according to the Labor Code is the basis for the termination of work, but not in a number of exceptions. They are also indicated in the 142nd article.

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

Also, people serving in organizations of the RF BC, as well as employees of formations involved in ensuring the security of the state and the defense of the country, cannot stop working. The same applies to employees of search, law enforcement and rescue structures, and civil servants.

But this is not the whole list of exceptions that the Labor Code contains. Wage arrears also do not allow people working in organizations that service especially dangerous types of equipment and industries to stop their work. And to workers in structures that perform tasks related to ensuring the livelihoods of the entire population. This includes heating, energy saving, water supply, emergency medical care, communications, etc.

Further actions

Usually after the worker has stopped his labor activity, the 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 does not fulfill his duties, he retains his salary.

Ho he must go out on his own work place the next day after he receives a notification from the 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 responsibility

The above provisions are not all that the delay in wages under the Labor Code implies. It gives employees the right to suspend their activities, but the employer obliges them 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 is from 30 to 50 thousand rubles. The head of the enterprise may also incur administrative liability (under the same article), criminal (Art. 145.1 of the Criminal Code of the Russian Federation) or disciplinary (Art. 192 of the Labor Code of the Russian Federation). How severe the punishment will be depends on the severity of the offense 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 salary delay.

By implies the calculation of compensation according to a certain formula. Wage arrears must be multiplied by 1/300 of the refinancing rate and by the number of days of delay.

But the most serious punishment threatens the employer for the 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 a prison sentence of 2 to 5 years.

If the violation is not corrected

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

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

After the evidence is collected and the complaint is made, you can send everything to the appropriate authority. Either in person or by registered mail.

Retirement payouts

They are also worth noting. Dismissal is legal procedure, implying the calculation of the employee leaving the enterprise and the return of his work book to him. Payments are usually accrued on the last day of work. Or the one that followed the day in which the person turned to the management with a demand for payment. This is spelled out in Article 140 of the Labor Code of the Russian Federation.

And even in such cases of layoffs, wages are delayed. According to the Labor Code, upon dismissal, a person is obliged to come for the calculation himself. If the manager hesitates, then his outgoing employee has the right to file a claim. He can even apply to the appropriate judicial body, which is the Labor Inspectorate. The complaint is considered within a calendar month. Then there are trials and judgment. Everything takes a certain time, takes away nerves and strength, therefore it is in the interests of the employer to pay off the person without directly involving the law.

What to pay attention to

Finally, it is worth noting that each person, getting a job, should familiarize himself with the local normative act enterprises where he intends to work. It is And it says everything about salaries, salary calculations and bonuses. And also about the dates when employees receive an advance payment and legal remuneration. This document is the answer to all questions of interest to any person applying for a job.

To receive a salary on time and in full is the right of every employee. It is enshrined in the Constitution and the Labor Code of the Russian Federation. Legislators have made sure that this right is respected - employers have several forms of liability for late or incomplete payment of wages. The owner tells more about how to influence the management of a company that delays payments to employees. law firm Maxim Krupyshev.

When should wages 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 internal regulations of the company or collective agreement. If you have entered into a written employment contract, it must also indicate the terms of payment of wages.

If the day set for payment is a weekend or non-working day, then the part of the salary due to you must be paid in advance, on the next working day. Vacation pay is even stricter: the employer must transfer them at least 3 days before the start of the vacation.

What to do if your salary is delayed

If wages are delayed more than 15 days from the due date, send a written notice to your superiors, and you can not appear at work until the due amount has been paid. At the same time, you keep average earnings. This right is granted to employees by article 142 of the Labor Code of the Russian Federation. The exception is:
  • military, police, rescuers and firefighters;
  • civil servants;
  • employees of especially hazardous industries;
  • representatives of enterprises directly involved in ensuring the life of the population ( ambulance, heating, electricity and gas supply, etc.).
A written notice is drawn up in free form, but there are certain requirements for its content. You must:
  • 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 postal address - yours or several employees, if the appeal is collective);
  • describe in detail the violation committed by the management, mentioning the exact dates of payment of salaries and the period of delay;
  • ask for the start of written negotiations regarding the clarification of the causes of the incident and the elimination of the consequences.
If negotiations with the director of the enterprise have not yielded results, use the possibilities of special instances.

Where to go if the management does not respond

When management delays cannot be resolved, your rights may be protected by: In any of these instances, you send a written application, written in free form. In the application, indicate the name of the body to which you are applying, and your data. After that, describe the problem in detail and state your request: apply sanctions to the employer and its officials, as well as receive compensation for the delay. Attach supporting documents to the application: an extract from the bank on a salary card, pay slips, an extract from the rules work schedule or a collective agreement, where the established terms of payments are indicated, etc.

What kind of compensation can I get if my salary is delayed?

In case of untimely payment of remuneration for work, the employee is entitled to financial compensation(Article 236 of the Labor Code of the Russian Federation). It is assigned regardless of the reason for the delay and is calculated by 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. According to the results of the proceedings, the court may correct it or exclude it from the requirements.

What is the responsibility of the employer for delayed wages

In addition to liability in the form of payment of compensation for delay, other sanctions may be imposed on the employer:
  1. Disciplinary action in the form of a warning, reprimand or dismissal.
  2. 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.
  3. Criminal penalty. It is applied if the court proves the mercenary motives of company officials. In this case, the sanctions may be in the form of a fine of up to 500 thousand rubles (or 3 years of wages of the perpetrator), forced labor or imprisonment for up to 3 years.
Now you know how to protect yourself in case of delayed wages, how to get compensation and what is the responsibility of employers for late payments to employees.

Wage arrears according to the legislation of the Russian Federation is not allowed. What to do if the employer refuses to transfer the earned funds and what should the employee expect?

Permissible Delay: Deadlines

The Labor Code of the Russian Federation establishes that an employee must receive remuneration for the work used at work every 15 days. This is reported by 136, as well as 142 articles. Additionally, the provision is fixed in the LetterNo. 14-2-242, issued on November 28, 2003 by the Ministry of Labor of the Russian Federation.

Usually payments are made 2 times a month on predetermined days. The latter usually fixes:

  • collective agreement
  • local regulatory act of the company - order

If postings are made less frequently, or the employer delays the transfer of wages, he violates applicable law. And it does not matter how much the payment is overdue - by a day, a week, a month or a year. The reasons why such a situation has arisen are also rarely taken into account. A one-time, and even more so permanent delay is a direct violation of the law. Only the responsibility of the enterprise depends on the timing.

What should an employee do

The labor code outlines a number of actions that an employee can take in case of late payment of wages. The employee has the right not to go to work if the remuneration for the previous period has not been received. Similar rights of employees are established by Art. 142 of the Labor Code of the Russian Federation. However, before an employee is absent from work due to delayed wages, the employee is required to send a notice to the employer stating the intention.

The same article indicates cases when workers are deprived of such a right:

  1. If the authorities have declared martial law or a state of emergency.
  2. If an employee is a civil servant in budget institution or is a member of the military. Employees of various military departments cannot be suspended.
  3. If the work of a citizen is directly related to ensuring the livelihoods of the population. Employees in ambulances, firefighters, as well as employees employed in the field of energy, heat, gas and water supply cannot cancel their work.
  4. If the institution is engaged in the maintenance of hazardous equipment or production.

But even the above categories of persons have the right to resort to other methods of influencing the employer if the calculation of wages at the enterprise is delayed by 15 days or more.

At the same time, according to the Labor Code, payment for missed days is provided. Article 146 states that the calculation is based on the average salary of an employee.

Where to go for a delay

If there is a constant delay in wages at the enterprise, employees need to contact certain authorities to receive the money due.

Commission on Labor Disputes

Before submitting an application to government agency, under whose department the decision on payment issues is located, you can try to negotiate with the employer. But it needs to be official. The best solution would be to create a special commission on labor disputes. To do this, you need to inform the director about the need for its formation and obtain his consent.

According to the rules, the commission includes an equal number of representatives from employees and the employer.

The formed body of the enterprise makes a decision, and on its basis a writ of execution is issued. With it, you can go to the bailiff service and demand payment of lost funds.

Labour Inspectorate

The first government agency that is ready to assist employees in the absence of payment for work is the labor inspectorate. But an application from citizens is accepted only if no more than 3 months have passed since the last issuance of funds.

The complaint can be either in writing, submitted directly to the department, or electronically, which can be sent through the official website of Rostrud. It must display:

  • delay time
  • organization's debt

The general term for consideration of the application is a maximum of 30 days.

The employer should not be afraid. Article 358 of the Labor Code of the Russian Federation guarantees the anonymity of the applicant. You just need to warn the inspectors in advance that you do not want to disclose incognito.

Upon receipt of a complaint, Rostrud employees are required to initiate an audit at the enterprise. And if the fact indicated in the citizen's statement is confirmed. issue an appropriate order obliging the employer to make the necessary payments. And in some cases, the firm is punished - a fine.

Application to the prosecutor's office

If the term of application is labor inspection expired, or the delay in payments caused you to get into a difficult situation, you can complain to the prosecutor's office.

The application is written at the place of registration of the enterprise. The following must be clearly stated in the application:

  • details of the applicant and the company where the violation was committed.
  • date of the last official payment.
  • the amount of money due to an employee as payment for work.
  • if the employee exercised the right to miss work - the day from which labor activity was terminated.

The result of the appeal can be not only the repayment of the company's debt obligations to employees, but also criminal liability for the employer.

Delayed wage court

If the prosecutor's office could not resolve the issue of payments, then it is necessary to form statement of claim to court. It is accepted in the order of writ proceedings during the year, provided that the date of the last payment is known, the amount of the debt, the salary accrual was made, but the money was not credited to the account.

Proceedings in such a case last 5 days. If the answer is positive, a court order is issued, obliging the payments to be made immediately. The employer has the right to challenge the decision within 10 days.

The district court to which the request is submitted may also initiate an action. However, such a measure is taken if the employee does not have necessary information about the timing of the delay, or the amount of the company's debt. The advantage of filing a claim is the possibility of obtaining compensation for moral damage caused by the employer. A similar right of an employee is fixed in article 237 of the Labor Code of the Russian Federation.

How to apply

The claim sent to the director of the enterprise must include the following information:

  1. Name and position of the applicant.
  2. Link to employment contract and work book as proof of employment.
  3. Period for which wages have not been paid.
  4. Normative acts confirming the commission of an offense.
  5. The amount of payroll arrears.
  6. Applicant's requirements.

A lawsuit in court and complaints to the labor inspectorate and the prosecutor's office are drawn up according to a similar plan. A strict model has not been established in Russia, but it is important to display all the information necessary for the conduct of the proceedings.

Compensation for delayed salary payment

In case of non-fulfillment of obligations for the calculation and payment of wages, the employer will have to answer primarily financially. In addition to transferring the debt, the company must assign compensation to the employee, as reported by Article 236 of the Labor Code of the Russian Federation. Consider what compensation is due to employees in case of delayed salary and whether such payments are taxed.

Tax and insurance premiums

If wages are paid without delay, a special tax is removed from the employee - personal income tax. It is 13% of the amount accrued for labor. Such interest is not deducted from compensation. A similar explanation was given by the Ministry of Finance of the Russian Federation in Letter No. 03-04-05/11096, published on February 28, 2017. Accordingly, filling out the reporting in form 6 of the personal income tax on the transferred taxes for employees is simplified, the income code “compensation” is not indicated in the document.

So, taxation for such payments does not apply. But considering insurance premiums, it is difficult to answer the question of the need to pay. Until 2017, based on the decision of the SACNo. 11031/13 dated December 10, 2013, the employer could refuse to transfer contributions. But on March 21, 2017, another letter from the Ministry of Finance was published№ 03-15-06/16239. And the officials explained that insurance payments from compensations are transferred to without fail. This complicates accounting, because you need to know how to accrue and pay contributions.

Compensation calculation

Before you calculate compensation, you need to know a special formula. It follows from the provisions of Article 236 of the Labor Code of the Russian Federation, which tells how much an employee can receive as compensation. But it is worth remembering: the normative act means minimum size payments. The maximum amount of the penalty can be calculated only after studying the local acts of the enterprise, which are able to increase the compensation established by law.

How much should employees labor code can be calculated using the formula:

salary debt * 1/150 refinancing rate * number of days of non-payment

In order not to make mistakes in calculations in 2019, it is better to use an online calculator that knows what refinancing rate is currently in effect and is able to display current numbers. The value is not constant, therefore, with an independent calculation, it is more realistic to make a mistake than using a special service.

What threatens the employer with a delay

An employer who has delayed wages is subject to various penalties, including criminal liability.

Article 192 of the Labor Code of the Russian Federation Disciplinary responsibility, up to the dismissal of those responsible
articles 234-236 of the Labor Code of the Russian Federation Material liability worker's compensation
Article 5.27 of the Code of Administrative Offenses of the Russian Federation Fine:

1-5 thousand for persons holding responsible positions;

1-5 thousand for businessmen with IP status;

30-50 thousand for legal entities.

Salary must be paid at least every half month. The payment date must be no later than 15 calendar days from the end of the period for which the salary was accrued. If the day of payment coincides with a weekend or non-working holiday, you must pay on the eve of this day (Article 136 of the Labor Code Russian Federation).

If your employer delays your pay for more than 15 days, send him a statement demanding that you do so. Prepare two copies: give the first one to the employer, and ask the second to put a mark of acceptance ( registration number, date, position, last name, first name, patronymic and signature of the receiving employee) and keep it with you. If the employer refuses to accept the application or mark acceptance, send the application by registered mail with notification and a description of the attachment.

If your employer does not pay you after this, you can You cannot stop working:

  • during periods of introduction of martial law, a state of emergency or special measures in accordance with the legislation on a state of emergency;
  • in the bodies and organizations of the Armed Forces of the Russian Federation, other military, paramilitary and other formations and organizations in charge of ensuring the defense of the country and the security of the state, emergency rescue, search and rescue, fire fighting, work to prevent or eliminate natural disasters and emergencies, in law enforcement;
  • civil servants;
  • in organizations directly serving especially dangerous types of production, equipment;
  • workers, in labor obligations which includes the performance of works directly related to the life support of the population (energy supply, heating and heat supply, water supply, gas supply, communications, ambulance and emergency stations medical care) (Article 142 of the Labor Code of the Russian Federation).
"> suspend work until he fulfills his obligations. You may be absent from the workplace or not perform your work duties. However, you must notify the employer in writing about this, having received from him confirmation of receipt of the notification.

You also can:


  • The amount of the benefit depends on your earnings, however, if your total insurance period was less than six months before going on maternity leave, the benefit will be calculated based on the minimum wage. The allowance is provided in total for the entire period of vacation. The employer is obliged to pay it along with the next salary after you present him with a certificate of incapacity for work.

    • complain to (Rostrud) (

      If the employer does not do this, you can:

      • complain to Federal Service on labor and employment (Rostrud) (

        If your employer is not paying you the allowance you should be, you can:

        • complain to the Federal Service for Labor and Employment (Rostrud) ( First you need to contact the Federal Service for Labor and Employment (aka Rostrud). Familiarize yourself with the order personal reception on the websites of departments."> personally, Send a complaint by registered or regular mail to the State Labor Inspectorate in Moscow at the address: 115582, Moscow, Domodedovskaya street, 24, building 3. "> by mail or Rostrud, onlineinspection.rf .">online);
        • complain to the district prosecutor's office;
        • sue the employer

        In accordance with article 236 of the Labor Code, an employer who has delayed payments is obliged to submit not only them, but also In the amount of not less than 1/150 of the key rate of the Central Bank in force at that time on the amounts not paid on time for each day of delay, starting from the next day after the due date for payment. In case of incomplete payment within the established period, the amount of interest is calculated from the amounts actually not paid on time. The amount of compensation may be increased by a collective agreement, a local regulation or an employment contract.

        ">compensation         for the delay.

        8. Where can I complain about payroll deductions?

        The employer has the right to deduct from your salary:

        • unworked advance payment issued on account of wages;
        • unspent and not returned in a timely manner advance payment issued in connection with a business trip (or in other similar situations);
        • funds overpaid earlier as a result of accounting errors;
        • funds paid to you for work, provided that you did not meet the labor standards.

        However, the amount deducted in this case cannot exceed 20% of the total salary, with the exception of This restriction does not apply to those who are obliged to pay maintenance for minor children, compensate for harm caused to the health of another person, and harm caused to persons who have suffered damage in connection with the loss of a breadwinner, as well as when compensating for damage caused by a crime. In these cases, the employer can withhold up to 70% of the total salary after taxes.

        ">cases
       when funds are withheld from your salary by a court order. If your employer withholds part of your salary for no reason or the amount withheld exceeds 20% of your salary, you can:

According to the law, the employer is obliged to pay wages to his subordinates. twice a month. In this case, it is necessary to adhere to the specific deadlines that are prescribed in. But, not all bosses comply with these conditions, and issue cash employees at the wrong time.

In the event that the salary is delayed - what to do, where to turn?

Dear readers! Our articles talk about typical ways to resolve legal issues, but each case is unique.

If you want to know how to solve exactly your problem - contact through the online consultant on the right or call by phone free consultation:

The rights of the worker in case of delay in wages

For how many days can wages be delayed? Based Article 142 of the Labor Code Russian Federation, the employer is allowed to delay the issuance of for fifteen days, but no more than that.

If this period has passed, then the worker can freely assert his rights. He may, for example, not go to work until he receives his earned money in his hands. But for this you need to notify the employer in writing.

The worker can draw up, which contains wage claim, and send it to the manager. It is necessary to issue an application in two versions: one is sent to the manager, and on the second, let him put his signature and this copy remains with the employee as proof that the employer was aware.

If the manager does not want to accept the application, as well as put his signature, then the employee must send the document registered mail with notification, as well as a description of the attachment.

At the time of suspension of the performance of his work, the worker may be absent from work.

At the same time, the salary of the employee is maintained at an average size.

If the employee was not at work during this period, then he will have to resume his labor activity when the next day after receiving the message from the manager on the transfer of delayed funds on the day the worker goes to work.

If the employer does not want to pay wages on time, then this circumstance falls under the article 5.27 of the Code of Administrative Offenses of the Russian Federation.

The employer will have to pay fine, which ranges from one thousand to five thousand rubles. If the case concerns a legal entity, then a fine of up to fifty thousand rubles is provided for it.

This punishment is not considered too severe, but if the employer commits it a second time, he will pay up to twenty thousand rubles. In addition to the fine officials will not be able to be leaders for three years. For legal entities penalties are also increasing, and will be equal to this case up to seventy thousand rubles.

To oblige the head to bear administrative responsibility, you need to go with a statement to the labor inspectorate the area where the organization is located. It is also possible to issue a fine through the court.

If the manager does not pay salaries to his employees for more than three months, then criminal liability follows, that is, imprisonment for up to five years.

What should an employee do?

An employee who is not paid a salary certain period can immediately begin to protect their interests.

The worker can complain to the labor inspectorate the area where the organization is located.

This must be done at the very beginning of the violation of the employer, thus wages can be received faster.

Write to the labor inspectorate statement, which is drawn up in an arbitrary form. At the same time, certain violations of the rights of the worker should be mentioned in the document. This violation is also late payment salary, as well as the period of delay and the amount due.

If everything remains unchanged at the end of 15 days, then the worker may legally not perform his job duties until the violation is corrected. At the same time, it is necessary to inform the employer about this fact, and in confirmation of your rights, you can present article 142 of the Labor Code.


It must be remembered that civil servants and those workers who are engaged in hazardous equipment cannot stop their labor activity, as well as if the work is related to the maintenance of the life of citizens.

If an employee decides to suspend their official duties, then he can immediately write an application to the court for the recovery of salary debt from the head, as well as compensation for its non-payment on time.

Before filing a claim, it is necessary to determine whether wages have been accrued. This is necessary for the reason that if there are no disputes over the presence of debt, then there will be no court hearing, because. Writ of execution will be issued immediately after application.

If the employer delays the payment of wages for three months, then the employee can write a statement (complaint) to the police or the prosecutor's office. At the same time, the violation is determined by Article 145.1 of the Criminal Code.

Download the sample application to the prosecutor's office for free.

Where can I complain about salary delays anonymously?

If an employee wants to write a complaint about non-payment of salary on time, and at the same time remain anonymous, then this can be done. To do this, you must contact the labor inspectorate and ask for privacy.

At the same time, the name of the employee who addressed him with a complaint will not be reported to the manager.

If the inspector violates the confidentiality rule, the employee can sue him.

Delayed salary - what to do? Watch the video clip:

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