In order to increase the interest of employers in preventing violations of the labor rights of employees, in the draft federal law No. 473887-7 “On Amendments to Article 5.27 of the Code of the Russian Federation on Administrative Offenses”, submitted to the State Duma on 05/25/2018, it was proposed to exclude from part 6 of the named article punishment in the form of a warning. If the bill is passed, the employer will no longer be able to get off with a warning for non-compliance with the terms of salary payment and will have to pay a fine. You will learn about the consequences for the employer of late payment of wages from this article.

The Ministry of Labor in Letter No. 14-1 / OOG-4375 of May 24, 2018 recalled that, according to par. 5 hours 1 art. 21 of the Labor Code of the Russian Federation, an employee has the right to timely and full payment of wages in accordance with his qualifications, the complexity of work, the quantity and quality of work performed. In turn, the employer is obliged to pay in full the wages due to employees within the time limits established in accordance with the Labor Code of the Russian Federation, the collective agreement, internal labor regulations, labor contracts (paragraph 7, part 2, article 22 of the Labor Code of the Russian Federation).

Part 6 of Art. 136 of the Labor Code of the Russian Federation, it is established that it is paid at least every half a month. The specific date for the payment of wages is fixed in the internal labor regulations, collective or labor contract no later than 15 calendar days from the end of the period for which it is accrued. In Letter No. 14-2/B-761 dated August 18, 2017, the Ministry of Labor noted that the right of an employee to receive wages at least every half a month is one of the conditions established by law, and this condition cannot be worsened either by agreement of the parties, or on the basis of a collective agreement.

For your information:

The Labor Code does not regulate specific terms for the payment of wages (does not provide for specific dates of the calendar month), but at the same time establishes requirements for the payment of wages at least every half a month, as well as the maximum allowable period after the end of the worked period, in which part of the salary for this period.

The specific date for the payment of wages is established by the internal labor regulations, the collective or labor contract no later than 15 calendar days from the end of the period for which it is accrued.

For your information:

When paying wages for the second half of the month, the employee must be given a payslip in the form approved by the order of the head of the organization (part 1 of article 136 of the Labor Code of the Russian Federation, Letter of Rostrud dated December 24, 2007 No. 5277-6-1).

The employer or representatives authorized by him in the prescribed manner, who have delayed the payment of wages to employees and other violations of wages, are liable in accordance with the Labor Code of the Russian Federation and other federal laws (part 1 of article 142 of the Labor Code of the Russian Federation). So, due to the delay in the payment of wages, the employer is threatened with attracting:

to material liability, which implies the payment of compensation to the employee;

to administrative and criminal liability.

In addition, upon receipt by the state labor inspectorate of a message about a delay in the payment of wages, it is possible to conduct an unscheduled inspection of the organization (paragraph “b”, paragraph 10 of the Regulation on Supervision in the Sphere of Labor).

Let's take a closer look at the liability process.

Payment of compensation for delayed payment of wages

According to Art. 236 of the Labor Code of the Russian Federation in case of violation of the established terms for the payment of wages, vacation pay and (or) other amounts due to the employee, the employer is obliged to pay them with interest (monetary compensation). At the same time, the obligation to pay compensation does not depend on the presence of his guilt.

For your information:

Compensation under Art. 236 of the Labor Code of the Russian Federation, the employer must pay the employee for delaying the payment of wages even for one day.

The amount of monetary compensation cannot be less than 1/150 of the key rate of the Central Bank of the Russian Federation effective during the period of delay on the amounts not paid on time for each day of delay, starting from the next day after the established payment deadline and ending with the day of actual settlement inclusive. In case of incomplete payment of wages and (or) other amounts due to the employee on time, the amount of compensation is calculated based on the amounts actually not paid on time.

For your information:

The amount of monetary compensation may be increased by virtue of collective, employment contracts or local regulations.

Compensation is calculated according to the following formula (based on the key rate of the Central Bank of the Russian Federation, if the employer has not set an increased amount of compensation):

Example.

In accordance with the local regulations of the organization, the salary for the second half of the month must be paid on the 10th of the next month. In fact, the salary for the second half of September 2018 in the amount of 30,000 rubles. was paid on 10/18/2018.

We will calculate compensation for the delay in the payment of wages. Local acts of the organization do not provide for an increased amount of compensation.

The number of days of delay was 8.

The key rate of the Central Bank of the Russian Federation is 7.5% (effective from September 17, 2018 in accordance with the Information of the Central Bank of the Russian Federation of September 14, 2018).

Therefore, the compensation payable to the employee will be equal to 120 rubles. (30,000 rubles x 7.5% / 150 x 8 days).

Reflection of compensation in accounting. Since compensation for delayed payment of wages is the liability of the employer, it can be qualified as a sanction for violation of the employer's contractual obligations to employees. For accounting purposes, such compensation is included in other expenses and is recognized on the date of its accrual (clauses 4, 11, 16 of PBU 10/99 "Expenses of the organization").

The amount of compensation is subject to reflection on account 73 "Settlements with personnel for other operations". Assuming that the amount of compensation is taken into account as part of other expenses, the following entries should be made in accounting:

Debit Credit - compensation for delayed payment of wages has been accrued;

• Debit Credit () - workers' compensation paid.

For your information:

The Order of the Ministry of Agriculture of the Russian Federation dated 06.06.2003 No. 792 “On Approval of Methodological Recommendations for Accounting Production Costs and Calculating the Cost of Products (Works, Services) in Agricultural Organizations” states that the amount of compensation for late payment of wages should be reflected under the item “Payment labor." In this case, the compensation is included in the cost of ordinary activities on the date the compensation is calculated on the basis of clauses 5, 16 of PBU 10/99.

Taxation of personal income tax compensation and insurance premiums. Compensation for the delay in the issuance of wages is not subject to personal income tax. This follows from the provisions of paragraph 3 of Art. 217 of the Tax Code of the Russian Federation (letters of the Ministry of Finance of the Russian Federation of February 28, 2017 No. 03-04-05 / 11096, of January 23, 2013 No. 03-04-05 / 4-54, of April 18, 2012 No. 03-04-05 / 9-526, Federal Tax Service of the Russian Federation dated 04.06.2013 No. ED-4-3 / 10209). Recall that according to the above paragraph, all types of compensation payments established by the current legislation of the Russian Federation (within the norms provided for in accordance with the legislation of the Russian Federation) related to the performance of labor duties by the taxpayer are not subject to taxation (exempted from taxation).

For your information:

If the payment of compensation for the delay in the payment of wages is set in a high amount by the regulatory local act of the organization and is carried out regularly, it can be recognized as an integral part of the salary, and the organization can be accused of using the scheme in order to minimize tax liabilities.

For example, in the Decree of the FAS UO dated November 30, 2012 No. Ф09-11655/12, the court found that:

compensation payments were of a regular systematic nature, and their size significantly exceeded the amount of accrued wages;

analysis of cash flow for each month indicates that the company has the opportunity to pay wages on time;

the amount of funds allocated by the company on a monthly basis to pay wages is, as a rule, lower than the amount of compensation paid in the same month.

In view of these circumstances, it was concluded that under the guise of compensation for the delay in the payment of wages, wages were paid to employees. In this regard, the court found it lawful to withhold personal income tax from the entire amount of compensation, and not just in part of the increased amount.

As for insurance premiums, the amounts not subject to taxation are listed in Art. 422 of the Tax Code of the Russian Federation. The payment associated with the delay in the issuance of wages is not mentioned in the specified norm, therefore, it will be subject to insurance premiums in the general manner. This is the official position of the Ministry of Finance, set out in Letter No. 03-15-06/16239 dated March 21, 2017.

It should be noted that during the period of validity of the Federal Law of July 24, 2009 No. 212-FZ “On insurance premiums to the Pension Fund of the Russian Federation, the Social Insurance Fund of the Russian Federation, the Federal Compulsory Medical Insurance Fund”, there were decisions in favor of organizations that did not tax insurance premiums specified type of payment. Thus, in Resolution No. 13AP-11744/2017 dated June 20, 2017, the Thirteenth Arbitration Court of Appeal recognized that the amounts of monetary compensation are not subject to inclusion in the base for calculating insurance premiums. Cash compensation (interest) for the delay in the payment of wages, provided for in Art. 236 of the Labor Code of the Russian Federation, is a type of liability of the employer to the employee, is paid by virtue of the law to an individual in connection with the performance of his labor duties, providing additional protection of the labor rights of the employee. The amount of monetary compensation paid to an employee may be increased by a collective or labor agreement. The obligation to pay the specified compensation arises regardless of the fault of the employer.

The amount of assessed contributions is included in tax expenses (letters of the Ministry of Finance of the Russian Federation dated March 21, 2017 No. 03-15-06/16239, dated March 15, 2011 No. 03-03-06/1/138).

The amount of compensation for delayed payment of wages is not taken into account for the purposes of income tax and tax when applying the simplified taxation system (Letter of the Ministry of Finance of the Russian Federation of October 31, 2011 No. 03-03-06 / 2/164). The issue of whether the amount of compensation paid to an employee for delaying the payment of wages is recognized as an expense for income tax purposes was once again considered by financiers in Letter No. 03-03-06/1/63083 dated September 4, 2018. Officials did not give a clear answer, pointing out that the validity of the expenses taken into account when calculating the tax base should be assessed taking into account the circumstances indicating the intentions of the taxpayer to obtain economic benefits as a result of real entrepreneurial or other economic activity.

At the same time, there are court decisions in which arbitrators pointed to the right of taxpayers to recognize such expenses for tax purposes. The judges concluded that the costs in the form of the amount of monetary compensation paid by the employer to employees on the basis of Art. 236 of the Labor Code of the Russian Federation, are a sanction for violation of contractual obligations. Subparagraph 13 of paragraph 1 of Art. 265 of the Tax Code of the Russian Federation does not contain any restrictions on the accounting of sanctions as expenses, depending on the legal relationship (civil or labor) in which contractual obligations are violated, therefore, the expenses incurred are taken into account when taxing profits (FAS PO resolution dated 30.08.2010 in case No. A55-35672 / 2009, dated 06/08/2007 in case No. A49-6366 / 2006, FAS VVO dated 08.11.2008 in case No. A29-5775 / 2007, FAS UO dated 04.14.2008 No. Ф09-2239 / 08- C3 in case No. A60-14685/07).

The right of an employee to stop work.

Subject to the provisions of paragraph 2 of Art. 142 of the Labor Code of the Russian Federation, in the event that the payment of wages is delayed for more than 15 calendar days, the employee has the right to suspend work until the delayed amount is paid to him, notifying the employer in writing. During the period of suspension of work, the employee has the right to be absent from the workplace during his working hours (Letter of the Ministry of Labor of the Russian Federation of December 25, 2013 No. 14-2-337). The Ministry of Labor in Letter No. 14-2/B-761 dated August 18, 2017 confirmed that due to the delay in the payment of wages, an employee may suspend work while on a business trip.

For your information:

The refusal of an employee to perform work due to non-payment of wages to him is one of the forms of self-defense of labor rights (Article 379 of the Labor Code of the Russian Federation). At the same time, according to paragraph 57 of the Decree of the Plenum of the RF Armed Forces dated March 17, 2004 No. 2, an employee can suspend work regardless of the employer's fault in non-payment of wages to him.

The Labor Code provides a list of cases when suspension of work is not allowed (part 2 of article 142 of the Labor Code of the Russian Federation):

during the introduction of martial law or a state of emergency;

in military bodies and organizations in charge of ensuring the country's defense and state security, rescue, search and rescue, firefighting, work to prevent or eliminate natural disasters and emergencies, in law enforcement agencies;

for civil servants;

in organizations directly servicing especially hazardous types of production, equipment. Employees of these organizations, whose right to timely and full payment of wages has been violated, may apply to the commission on labor disputes, the court or state supervision and control over compliance with labor laws (Determination of the Constitutional Court of the Russian Federation of October 19, 2010 No. 1304-О-О);

in relation to work related to ensuring the life of the population (energy supply, heating and heat supply, water supply, gas supply, communications, provision of emergency and emergency medical care).

During the period of suspension of work, the employee has the right to be absent from the workplace (part 3 of article 142 of the Labor Code of the Russian Federation).

In connection with the suspension of work in the time sheet (form T-12, approved by the Decree of the State Statistics Committee of the Russian Federation dated 05.01.2004 No. 1), the code “NC” or “36” should be indicated for all days of suspension of work.

For your information:

For the period of suspension of work due to a delay in the payment of wages to him, the employee retains average earnings (part 4 of article 142 of the Labor Code of the Russian Federation).

Here is a sample notification by an employee of an employer about the suspension of work due to a delay in the payment of wages for a period of more than 15 days.

Director of Matrix LLC

O. S. Borisov

by Senior Sales Specialist

O. P. Emelina,

address of residence: 603155, Nizhny Novgorod,

st. Kovalikhinskaya, 72, apt. 151,

tel.: +79021111111

Suspension Notice

In accordance with Part 2 of Art. 142 of the Labor Code of the Russian Federation, I inform you in writing that due to a delay in the payment of wages for a period of more than 15 days, I suspend work for the entire period until the payment of the delayed amount.

I notify that during the period of suspension of work during my working hours I will be absent from the workplace. For the entire period of suspension of work, I ask you to keep my average earnings.

The date of suspension of work is 28.10.2018.

The date of occurrence of the debt is 10/11/2018.

The total amount of debt is not less than 65,250 rubles.

The total duration of the debt is not less than 18 calendar days.

I ask you to pay the amount of the saved average earnings on the days of the issuance of wages. I ask you to report the results of the consideration of the notice and the measures taken to pay off wage arrears in the prescribed manner.

An employee who was absent from the workplace during the period of suspension of work is obliged to start work no later than the next working day after receiving a written notification from the employer about the readiness to pay the delayed wages on the day the employee goes to work (part 5 of article 142 of the Labor Code of the Russian Federation).

Here is a sample notification of an employee about the payment of delayed wages.

Limited Liability Company "Matrix"

(LLC "Matrix")

Senior Sales Specialist

O. P. Emelina

31.10.2018 № 21

Delayed Wage Notice

Dear Oleg Petrovich!

We notify you of the readiness of Matrix LLC to fully pay off wage arrears for September 2018. Payment will be made on the day you return to work.

In accordance with Part 5 of Art. 142 of the Labor Code of the Russian Federation, you must return to work no later than the next day after receiving this notice. Your absence from the workplace without good reason on the day following the receipt of this notice will be considered absenteeism and may serve as a basis for disciplinary action against you, up to and including dismissal under paragraphs. "a", paragraph 6, part 1, art. 81 of the Labor Code of the Russian Federation.

Director Borisov O. S. Borisov

The employer has the right to dismiss an employee for absenteeism in the event that he does not appear at the workplace without good reason on the next business day after receiving notice of the employer's readiness to pay him delayed wages or transfer them (subparagraph "a", paragraph 6 of part 1 article 81 of the Labor Code of the Russian Federation).

It should be noted that there are decisions of arbitrators in which it was found unlawful in a situation where an employee did not go to work after partial repayment of the debt (appeal rulings of the Nizhny Novgorod Regional Court dated 03/20/2018 in case No. 33-2117 / 2018, St. .2016 No. 33-9739/2016, Ruling of the Moscow City Court dated January 24, 2014 No. 4g/3-51/14). The arbitrators proceed from the fact that the period of suspension of work lasts until the full repayment of the debt. The payment of its part does not interrupt this period and is not a basis for the employee to resume work. At the same time, he is not obliged to re-notify the employer about the suspension of work.

Bringing to administrative and criminal liability.

Administrative liability for non-payment or incomplete payment of wages, other amounts carried out within the framework of labor relations (if these actions do not contain a criminally punishable act) within the established period of time is established in Parts 6, 7 of Art. 5.27 of the Code of Administrative Offenses of the Russian Federation.

Currently, part 6 of this article provides for liability in the form of a warning or a fine in the amount of:

for officials - from 10,000 to 20,000 rubles;

for individual entrepreneurs - from 1,000 to 5,000 rubles;

for legal entities - from 30,000 to 50,000 rubles.

A person who has previously been subjected to administrative punishment under Part 6 of Art. 5.27 of the Code of Administrative Offenses of the Russian Federation and repeatedly committed a similar offense, may be held liable under part 7 of this article. In this case, he is punished:

for officials - a fine in the amount of 20,000 to 30,000 rubles. or disqualification for a period of one to three years;

for individual entrepreneurs - a fine in the amount of 10,000 to 30,000 rubles;

for organizations - a fine in the amount of 50,000 to 100,000 rubles.

If an administrative offense has been committed and the officials through whose fault it was committed are identified, both the legal entity and the indicated officials may be held administratively liable under the same rule (part 3 of article 2.1 of the Code of Administrative Offenses of the Russian Federation, paragraph 1 p 15 Decree of the Plenum of the RF Armed Forces dated March 24, 2005 No. 5).

Criminal liability for non-payment of wages threatens the head if he acted out of selfish or other personal interest (Article 145.1 of the Criminal Code of the Russian Federation).

In case of partial non-payment of more than three months of wages, pensions, scholarships, allowances and other amounts established by law, the manager is threatened (part 1 of this article):

a fine of up to 120,000 rubles. or in the amount of wages (other income of the convict) for a period of up to one year;

deprivation of the right to hold certain positions or carry out certain activities for up to one year;

forced labor for up to two years;

imprisonment for up to one year.

Partial non-payment means making a payment in the amount of less than half of the amount payable (note to Article 145.1 of the Criminal Code of the Russian Federation).

In the event of a complete non-payment of more than two months of wages, pensions, scholarships, allowances and other amounts established by law, or payment of wages for more than two months in an amount lower than the minimum wage established by federal law, the head is threatened (part 2 of this article):

a fine in the amount of 100,000 to 500,000 rubles. or in the amount of wages (other income of the convict) for a period of up to three years;

forced labor for up to three years with or without deprivation of the right to hold certain positions or carry out certain activities for up to three years;

imprisonment for up to three years with or without deprivation of the right to hold certain positions or carry out certain activities for up to three years.

If non-payment (partial or complete) caused serious consequences, the head of the organization (branch, representative office, separate (structural) subdivision) may be held liable in the form (part 3 of article 145.1 of the Criminal Code of the Russian Federation):

a fine in the amount of 200,000 to 500,000 rubles. or in the amount of wages (other income of the convict) for a period of one to three years;

imprisonment for a term of two to five years with or without deprivation of the right to hold certain positions or carry out certain activities for a term of up to five years.

Both administrative and criminal liability can occur only if there is guilt (Article 2.1 of the Code of Administrative Offenses of the Russian Federation, Article 14 of the Criminal Code of the Russian Federation). Non-payment of wages entails criminal liability only if the organization has funds and non-payment is due to self-interest or other personal interest of the head of the organization (branch, representative office, separate (structural) subdivision).

The liability of the employer for the delay in the payment of wages involves not only the reimbursement of earnings not received by the employee, but also the payment of additional interest (monetary compensation). Compensation is due even if the employer is only a few days late with payments. If payment is delayed by more than 15 days, the employee has the right to suspend work. Administrative responsibility for the delay in the payment of wages is established in Art. 5.27 of the Code of Administrative Offenses of the Russian Federation, while the amount of the fine for this violation, committed for the first time, reaches 50,000 rubles. Criminal liability for non-payment of wages may threaten the manager if he acted out of selfish or other personal interest. If an employee applies for a delay in the payment of his salary to the GIT, it is possible to conduct an unscheduled audit of the organization.

Regulations on federal state supervision of compliance with labor legislation and other regulatory legal acts containing labor law norms, approved. Decree of the Government of the Russian Federation of September 1, 2012 No. 875 (effective as amended on April 30, 2018).

PBU 10/99 "Expenses of the organization", approved. Order of the Ministry of Finance of the Russian Federation dated May 6, 1999 No. 33n.

Instructions for the application of the Chart of Accounts for accounting of financial and economic activities of organizations, approved. Order of the Ministry of Finance of the Russian Federation dated October 31, 2000 No. 94n.

Sometimes the employer believes that the employee will not get away from him and is in no hurry to pay the due money. The problem is relevant for small towns with high unemployment.

Dear readers! The article talks about typical ways to solve legal issues, but each case is individual. If you want to know how solve exactly your problem- contact a consultant:

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But the law gives a citizen greater rights that allow him to apply to the control and supervisory authorities and demand the payment of amounts forcibly.

In order to receive the due salary, it is necessary to demand its payment first in a claim procedure, and if this does not help, then through the administrative authorities and the court.

General information

For the law, it does not matter whether the salary was paid due to the fault of the employer or without it. The due amounts must be transferred to the employee at least twice a month.

Being even one day late gives the employee an opportunity to fight for their right to timely payment. You can contact the employer directly or through the principal (legal representative).

If an employee fails to comply with legal requirements, the employer faces a significant fine, suspension of the enterprise, and even a prison term.

The legislative framework

The obligation to transfer salaries at least once every 15 days is established in. The right to stop work due to non-payment of wages is established in the Labor Code of the Russian Federation -.

The possibility of obtaining is established in Art. 136 of the Labor Code of the Russian Federation.

Issues of judicial practice in resolving disputes under labor law, including in case of non-payment of wages, are established in the Decree of the Plenum of the Supreme Court of the Russian Federation No. 2, adopted in March 2004.

salary delay

The employer is obliged to pay not only wages, but the necessary compensation payments, vacation pay, sick leave.

By this is meant the non-receipt of funds on the employee's card or the failure to issue them in cash.

For 1 day

If the payment of wages was delayed for 1 day, then the employee can already begin to fight for his rights. First you need to go to the accounting department and find out the reasons.

The term is really short, but this does not mean that employees should be idle.

Protection begins with notifying the employer that employees are aware that they have not received funds and are not ready to put up with the current situation.

If the delay was solely for technical reasons and the money was paid, then the conflict is considered settled.

More than 15 days

Delaying wages for a period exceeding 15 days is considered a serious violation, which should not be left without proper response.

We need to demand a meeting of the commission on labor disputes. Representatives from employees, employers, trade unions participate in the commission. The commission must make a decision on the dispute no later than 10 days after its convocation.

The employee has the right to apply to the commission within three months after the violation of his rights.

If the deadline was missed for good reasons, then it can be restored. The decision of the commission is made by a majority vote by secret ballot. It must be executed within three days after the expiration of ten days for its appeal.

If the decision of the CCC was not voluntarily executed by the employer, then the employee has the right to apply to the commission for a certificate within one month, which will have the force of an executive document.

Having received a certificate, the employee has the right to send it to bailiffs and collect money from the employer through enforcement proceedings.

In practice, it is difficult to use the powers of the CCC, since the employer may not convene them for any reason, put pressure on the employee.

What to do?

Before figuring out where to turn in order to receive the due salary, it is necessary to settle the dispute with the employer through negotiation.

If this does not lead to anything positive, then you need to contact the CTC. If it is impossible to resolve the dispute within the enterprise, it is necessary to seek help from the control, supervisory and law enforcement agencies.

Where to complain?

The employee has the opportunity to apply to the labor inspectorate at the location of the employer.

The institution controls the implementation of labor legislation, is authorized to conduct inspections, and bring the employer to administrative responsibility.

You can apply to the prosecutor's office with a complaint about violation of labor rights. The most effective method of protecting rights is going to court.

To the labor inspectorate

To apply to the labor inspectorate, you need to write a statement in which you should indicate:

• period of non-payment of wages;
• information that the employee tried to resolve the conflict through negotiation.

The labor inspectorate will advise on issues of interest, help to draw up a statement of claim. The inspectorate checks the enterprise, requests the necessary documentation.

If the employer finds violations, he will be held administratively liable.

To the prosecutor's office

You can apply to the prosecutor's office with a complaint at any stage of the consideration of the conflict.

The complaint should state in detail the circumstances of the conflict, attach the necessary written documents.

The prosecutor's office conducts an audit and, if violations are detected, will submit a proposal for their elimination.

If the employer refuses to pay the salary to the employee, the prosecutor has the right to file a claim in defense of persons who, for some good reason, are not able to defend their rights in court on their own.

Going to court

If the salary is accrued, but not paid, then the employee has the right to apply to the justice of the peace with a court order. It shall be issued within five days after the submission of the application for extradition.

A court order is considered an executive document and can be presented to a bailiff.

If the salary is not paid and has not been accrued, then it is necessary to file a claim with the district court. The application is made according to the rules of art. 131-138 Code of Civil Procedure of the Russian Federation.

The claim must be accompanied by:

• a copy of the employment contract;
• copies of documents on the presence of debt;
• a copy of the work book and the order for admission to the position;
• Bank statements.

Accounting documents may be presented. The claim is not subject to state duty. Witnesses may be called at the hearing.

Employer's responsibility

The employer may incur administrative and criminal liability. The amount of the fine depends on the duration of non-payment and the amount owed. The decision is made by the labor inspectorate or the court.

The verdict, according to which the employer is assigned a criminal penalty, is passed by the court.

The responsibility of the employer for the delay in wages comes at the initiative of the employee and control and supervisory structures.

Fine

Delays in the payment of wages are not uncommon, especially in times of crisis. The authorities say that wait, now is a difficult time, everything will work out and then we will definitely pay everything. Employees, on the other hand, continue to work, persuading themselves that sooner or later they will pay and not thinking that they can keep their job, while rushing the employer with payments. However, every worker should be aware that, legally, he can stop work and not go to work after fifteen days of delay in payment have passed.

Important! A prerequisite for this is a written informing of the employer.

They do not have the right to stop their work and not come to it:

• Civil servants
• hazardous workers
• Military, rescuers, Ministry of Emergency Situations

You will have to go to work anyway, but you have the right to go to court with a claim to recover money from the employer.

Rules for filing an application for an employer

When all conditions for termination are met:

1. write an application addressed to the employer in two copies. On one of them you will be marked with the date of receipt, which will be confirmation that you have notified your superiors in writing. Be sure to indicate: the name of the employer, the position of the head, his last name; FULL NAME. and position of the employee;
2. Grounds for paying wages
3. reason for termination
4. your conditions for further work

If the secretary refuses to accept an application from you and put a stamp on acceptance, send it in writing by registered mail with a notification, which will confirm your notice to your boss about the termination of work. And it will not be considered absenteeism.

Sample letter of termination

General Director of LLC "Mercury"

from Ivanov S.P.,

planning department economist

Statement

Due to the fact that the payment of wages for January 2020 was delayed for more than 15 days, on the basis of Article 142 of the Labor Code of the Russian Federation, I inform you of my intention to suspend work from March 15, 2020. Ready to start performing official duties from the moment the debt is paid off. During the suspension period, I reserve the right not to be present at the workplace.

Complaint to the labor inspectorate

If the employee does not want to apply first to the employer with an application for payment of wage arrears, then he has the right, the next day after the delay, to apply to the labor inspectorate, and if the period exceeds two months, then to the prosecutor's office.

An application is drawn up to the inspection in free form, but it is obligatory to indicate your data, in whose name it is drawn up, in the content indicate the reason for the complaint with supporting documents attached.

Important! Be sure to submit your application-complaint in writing, if you apply verbally by phone, you will not be helped in any way.

Sample complaint letter to the labor inspectorate

Head of the State Labor Inspectorate

Sokolova M.V.

from Prokofiev I.T. living in Saratov

Gogol st., 25, apt. 3

I, Sokolov M.V., worked at Stolypin LLC from "__" _______ ______ as an engineer. December 15, 2017 year, we had to pay an advance payment for the month of December, as of February 01, 2020, the debt has not been repaid, a similar situation with the wages that should have been paid on December 30, 2017, respectively, no advance payment or wages for January, I, too not received.

I consider the actions of the employer unlawful for non-payment of wages on time for the following facts:

1) According to the employment contract, clause 7, the advance payment schedule assumes the 15th day of the month or earlier if the date falls on a weekend

2) payment of wages falls on the 30.31 day of the billing month

Thus, the employer violates the Legislation and the rights of workers.

2) In accordance with Article 236 of the Labor Code of the Russian Federation, if the employer violates the established deadline for paying wages, the employer is obliged to pay them with the payment of interest (monetary compensation) in the amount of not less than one three hundredth of the refinancing rate of the Central Bank of the Russian Federation of the day after the established payment deadline up to the day of actual calculation inclusive.

In this situation, I demand the payment of wages due to me with compensation and interest for the delay.

Taking into account the above, I ask you to help in this situation and conduct an audit at Stolypin LLC, make a decision on the payment of the money due to me.:

Appendix:

1) Copy of work book

2) Employment contract

3) Payroll

Date Signature

What is the penalty for an employer for delaying wages for more than 15 days

In the event that an employee or the entire team applies to the prosecutor's office or the labor inspectorate with a complaint against the head of the organization, the complaint will have to be considered within a month. Then conduct an investigation into this fact, as well as verification of the circumstances of the violation .

Important! In no case do not file a complaint anonymously, no one will take it into account.

Having clarified the whole situation, the inspection will make a decision either on administrative responsibility or material.

After the employee has notified the employer that he stops attending work, he is obliged to pay downtime in any case:

1. in the amount of average earnings accrued during the forced downtime;
2. a certain amount of compensation for each day starting from the first day of salary delay

Answers to common questions

Question number 1: Where should an employee contact if wages are delayed for more than 15 days?

Answer: To begin with, contact your employer in writing, with a statement that you refuse to continue working further, receive an incoming number on the application as confirmation of the application, in case of refusal to accept it, send it in writing to the organization with a return receipt.

The next day, after the delay in payments, you immediately have the right, in accordance with labor legislation, to write a claim to the Labor Inspectorate, and two months later to the prosecutor's office and the court. In court, you can demand, in addition to reimbursing all debts and interest on them, compensation for non-pecuniary damage, and be right.

Question number 2: In what period does the Labor Inspectorate respond to a complaint?

Answer: The Inspectorate responds within a month, checks the fact of violation and imposes a penalty in the form of a fine, removal from cases or transfers the case to trial.

Hello friends! Today's my article will be devoted to the delay in wages and possible actions of the employee in the event of such circumstances. Several times in my legal practice, similar cases arose, and we began to deal with the client by contacting the employer.

The next step was an application to the labor inspectorate and the prosecutor's office. In order to receive full compensation, it was necessary to file a claim with the judicial authority.

Today, I would like to talk about what an employee should do when it comes to non-payment of earnings. How long payments under the Labor Code of the Russian Federation can be delayed, and where a complaint is filed if the period is very long.

According to the labor code in 2019, salary delays are not provided for and are a serious violation on the part of the employer. There is a certain regulation according to which earnings must be paid twice a month.

Specific days for the issuance of earnings are established by internal acts of the company. In the middle of the month, an advance is paid, and at the end of the rest of the funds.

An exception is the circumstances when the hired employee was hired under the GPC agreement. Here you can set any terms for the issuance of earned funds by agreement between the participants in labor relations.

Despite a strict ban that prevents employers from delaying the payment of wages, there is a short period of time that will allow you to resolve the issue with the employer without much consequences.

Within 15 days, the payment must be made, otherwise, the employee will have the right not to go to his workplace. Also, a person will be able to file a complaint with the relevant departments.

What should employees do in case of delay in earnings

It is important to decide what to do when the salary is not issued for a long time. In addition to the right to stop working after 15 days of delay, citizens have the opportunity to file a complaint with the relevant organizations. However, it is necessary to start with an appeal to the employer.

To do this, you will need to act in accordance with the procedure indicated in the Labor Code of the Russian Federation:

1. Draw up a notice addressed to the employer that, due to a delay of 15 days, the employee will no longer go to work.
2. The document is drawn up in any form in two copies.
3. One form is handed over to the employer, and the other is marked with acceptance and returned to the employee.

This procedure is very simple and does not take much time, but it is necessary to complete all the steps, because otherwise, the employee will be given absenteeism, and the days will not be paid.

It is also important to note the fact that such a document in the future may become evidence of a violation by the employer, when the employee applies to the court.

You can go to the workplace only after receiving a written notification from the management that the company is preparing to pay off wage arrears. More information on the topic can be found in the video:

Other options for solving the problem for workers

Even one day of missing the issuance of wages is considered a delay, but it also happens that the management is not guilty of this, and payments are made within a week. Usually, to resolve the problem, it is enough to contact the management and talk about this issue.

If the delay exceeds two months, then the employee can apply to the supervisory authorities responsible for compliance with labor standards. These organizations include:

• Labour Inspectorate;
• prosecutor's office;
• Judicial authority.

The application is drawn up in a standard form and in it, the employee explains the grounds for his appeal. Some additional papers can be attached to the document, which can confirm the words of the applicant.

Usually, the appeal takes place in court, because, at the same time, citizens file a claim for the collection of interest for the delay and moral compensation. If the delay is more than three months, then the company's management may be held criminally liable.

Features and nuances of filing such complaints

There are some points that need to be considered when contacting any of these departments. Applications must be submitted in writing and registered in the prescribed manner. An important point is that it is necessary to apply at the place of registration of the affected person.

Usually, collective complaints are dealt with much faster and more thoroughly than individual complaints. Experts advise employees who have not received their salary to take care of the evidence base in advance.

The more carefully the application is drawn up, the higher the likelihood of a decision on it in favor of the applicant. Various official documents and testimonies are suitable as evidence.

Additionally, it should be said that not all employees can refuse to perform their duties after fifteen days. Employees of public service enterprises, rescuers, workers of water, electricity, gas supply systems cannot stop their work and they should immediately go to court.

Instead of totals

Concluding the conversation, it can be noted that non-payment of earnings to employees is a serious violation that requires mandatory intervention by regulatory organizations. If the employee wants to receive his money and additional compensation, then he should apply to the judicial authority.