Delay in salary: terms of issue, fines, decisions. How long can an employee's salary be delayed according to the law? What are the deadlines for paying salaries

1. What types of liability of the employer are provided for violation of the terms of payment of wages.

3. When the manager faces criminal liability for non-payment of wages to employees.

The terms in which the employer must make settlements with employees for wages are established by the Labor Code of the Russian Federation and internal documents (collective agreement, labor contracts, local acts). Obviously: if the deadlines are set, they must be observed. However, this is not always possible, especially when it comes to cash payments. The most common reason for delayed wages is an elementary shortage of funds from the employer. In addition, there are often cases when the deadline was simply "missed" (this is especially true for paying vacation pay) or deliberately missed (for example, they decided not to pay an advance, but to give out the entire monthly salary at a time). Many employers, unfortunately, are sure that there is nothing wrong with the delay in wages to their employees: “well, they will wait a little, this is not a tax one”. However, this opinion is not just wrong: it can lead to very serious consequences, sometimes even more serious than the late payment of taxes. For more information about the threat to the employer of delayed wages to employees, read this article.

Cases when an employer violates employees (as well as bonuses, benefits, vacation pay and other payments in favor of employees) can be very different. In practice, the following situations most often occur:

• payment of vacation pay less than three days before the start of the vacation;
• the final settlement with the dismissed employee was made later than on the day of dismissal;
• non-payment of advance payment (payment of wages once a month). Let us dwell on this case in more detail. In we found out that wages should be paid at least every fortnight to all employees without exception. Some employers, striving to comply with the requirements of the law, honestly prescribe in their employment contracts the terms of payment of wages for the first half of the month and for the second. And ... they do not comply with these terms, in fact, they pay wages to employees only once a month. In this case, there is a fact of delay in wages: for a period from the day established by internal documents for the payment of wages for the first half of the month until the day of actual payment.

Reasons why wages are delayed, can also be different, for example:

• violation of the deadlines due to the fault of employees responsible for the payment of wages (for example, a personnel officer with a delay issued and submitted documents for leave, dismissal to the accounting department, etc., respectively, the accountant accrued and paid the amounts due to the employee in violation of the deadline);
• lack of funds from the employer to pay wages to employees;
• reasons arising through the fault of third parties (for example, the bank delayed the payment documents for the transfer of employees' salaries);
• and other reasons.

Thus, the reasons for late payment of wages to employees can arise both through the fault of the employer himself and without his fault. Depending on this, the legislation of the Russian Federation provides for the following types of employer's liability for delayed wages employees:

• material (Labor Code of the Russian Federation);

• administrative (Code of Administrative Offenses of the Russian Federation);

• criminal (Criminal Code of the Russian Federation).

Let's take a closer look at each type of responsibility and the consequences that it entails.

Liability of the employer for delayed wages

1. The right of employees to suspend work due to delayed wages

The Labor Code of the Russian Federation grants employees the right to suspend work in the event that the payment of wages to them is delayed for more than 15 days (part 2 of article 142 of the Labor Code of the Russian Federation). Wherein it does not matter whether the employer is guilty of delaying the payment of wages or not. It is enough for the employee to notify the employer in writing of his intention, after which he, on legal grounds, may not appear at his workplace until the day the salary is paid.

! Note: Suspension of work is prohibited for certain categories of employees (part 2 of article 142 of the Labor Code of the Russian Federation):

• military,
• civil servants,
• in organizations serving especially dangerous types of industries, equipment,
• in organizations related to ensuring the life of the population (energy supply, heating and heat supply, water supply, gas supply, communications, ambulance and emergency medical care stations),
• during periods of a state of emergency.

The employer must notify the employee who has suspended work about the readiness to pay wages on the day of going to work. The next day after receiving such notification, the employee is obliged to start performing his job responsibilities... Otherwise, absenteeism is tantamount to absenteeism.

Days when the employee was absent from work due to delayed wages for more than 15 days are indicated in the time sheet letter code"NZ" or digital "36" (Resolution of the State Statistics Committee dated 05.01.2004 No. 1 "On approval unified forms primary accounting documentation for labor accounting and remuneration ").

The suspension of work until the payment of the delayed wages is equivalent to the illegal deprivation of the employee of the opportunity to work, therefore the employer bears financial responsibility in the form of compensation to the employee for lost earnings (Article 234 of the Labor Code of the Russian Federation). Thus, for all days of suspension of work until the payment of delayed wages, the employee is entitled to full average wage(letter of the Ministry of Labor of Russia dated 25.12.2013 No. 14-2-337, Determination of the Supreme Court of the Russian Federation dated 03.09.2010 No. 19-B10-10). In addition to average wages, employees are also entitled to monetary compensation for each day of delay in wages.

1. Cash compensation for delayed wages

Another form of material liability of the employer for violation of the deadline for the payment of wages to employees (as well as vacation pay, settlement upon dismissal and other payments in favor of employees) is the payment of monetary compensation for each day of delay (Article 236 of the Labor Code of the Russian Federation). Payment of compensation for delayed wages is the responsibility of the employer, while employees are not required to write any applications for their receipt, etc. According to the Labor Code of the Russian Federation, monetary compensation must be paid to employees simultaneously with the payment of delayed wages.

Compensation for delayed wages (and other employee benefits) is accrued regardless of whether the employer is guilty of violating the terms of payment of wages... For example, even in the case when the employer timely sent payment documents for the transfer of wages to the bank, and the bank passed them with a delay (due to technical problems, etc.), the employer is still obliged to calculate and pay compensation to employees for delayed wages. ... Or if the delay in the payment of wages to employees was due to insufficient funds from the employer, the latter is also obliged to calculate compensation and pay it simultaneously with the delayed amounts.

Minimum amount of compensation is 1/300 of the current refinancing rate of the Central Bank of the Russian Federation of the amount payable (net of personal income tax) for each day of delay, starting from the day following the set deadline payments, on the day of actual payment (inclusive).

27.08.2018

The Labor Code of the Russian Federation strictly regulates the procedure and terms for the payment of wages by an employee. Each employer must comply with these rules, regardless of the organizational and legal form of the enterprise. Otherwise, he can be held accountable. Below we will try to give an applied instruction, which is relevant for 2018, for use for an employee in the event that the company's management delays wages.

What is “Delayed wages”

The employer is obliged to pay his employees remuneration for the work performed. Payments must be made at least 2 times a month and every 15 days. That is, wages must be paid to the employee no later than 15 days from the end of the month for which it was charged. For example, salaries for July must be paid no later than August 15th.

Departure from these terms in the direction of increase is called "delay in wages." This is a violation of workers' rights, which is punished in accordance with labor and administrative law.

The dates of payment of remuneration for labor must be spelled out in local documents with the employer. Such documents can be:

• collective agreement;
• labor contract;
• another document that regulates the payment of wages at this enterprise.

The employer is obliged to adhere to the deadlines that are prescribed in these documents. Otherwise, for each day of delay in payments, he will have to pay compensation to employees.

What actions can the employee take

If the delay in wages is 15 days or more, then the employee has the right to take the following actions:

• send a written notice to the employer that he is terminating his direct labor duties. The reason is non-payment of wages for more than 15 days. Such a notification is drawn up in 2 copies and sent to the authorities. The main condition is that the document is correctly registered as an incoming document. The copy that remains with the employee must bear the number of the incoming document, the date of its acceptance, as well as the signature of the person in charge who accepted it. Such actions must be taken so that these days are not counted to the employee as absenteeism. If everything is done correctly, then the employer will have to pay for this period;
• the employee has the right not to go to work and not perform his duties until he receives written notification from his supervisor that the salary will be paid in the coming days;
• file a lawsuit in court for violation of workers' rights.

In addition to the court, an employee can write a complaint to:

• The prosecutor's office;
• Federal Labor Inspectorate.

If the salary is not paid for more than 3 months, the employee can initiate the procedure for declaring the employer bankrupt. To do this, he needs to file a statement of claim with the arbitration court.

If the salary is not paid to more than one employee, but to several, then it is better to defend your rights collectively. Applications from a group of citizens are considered faster and more effective measures are taken.

Consequences of delay

Delayed wages can backfire on the employer. He will have to pay his employees compensation for every day of delay, and also pay a fine for committing such an offense.

Compensation for delayed wages is 1/150 of the key rate of the Central Bank of the Russian Federation on the day the delay occurred. Compensation is paid for each day of non-payment. For example, the local act states that wages must be paid on the 5th of the next month. If this does not happen, then from the 6th the compensation already begins to "drip".

Some employers mistakenly think that legal implications occur only with late payment of wages. This is not true! The consequences come with a delay:

• vacation pay;
• severance pay in case of reduction or liquidation;
• disability benefits;
• other social payments in favor of the employee.

In addition to the amount of compensation, the employer will also have to pay a fine.

Penalties

According to Art. 5.27 of the Code of Administrative Offenses of the Russian Federation, the sanctions in 2018 for this violation are as follows:

• if there was a partial payment, then the employer expects a fine of up to 120 thousand rubles, as well as an imprisonment for up to 1 year;
• if the salary and compensation are not paid in full, then the fine will be slightly higher - up to 500 thousand rubles, and the imprisonment is slightly longer - up to 3 years.

Worker compensation

Every employee should know that compensation in the amount of 1/150 of the key rate of the Central Bank of the Russian Federation is paid from the first day of delay. However, many people think that a 5-day delay is normal, that the employer becomes liable only from the 16th day. This is not true!

If the documents indicate that the salary must be paid on the 5th, then it should be so. If the payment is made on the 11th, then in addition to the salary, compensation must be paid for 6 days. In practice, no one pays attention to this! And this is already a delay in wages!

To protect their rights, the employee has the right to apply to various government bodies... As a rule, in FIT. But first, you should try to solve the problem peacefully.

Before contacting various government agencies, you can try to solve the problem with the help of a commission on labor disputes... It should be composed of representatives from the employer and from the employee's side. The number of representatives must be equal. If, within 10 days after the convening of the commission, a peaceful solution is not found to resolve the conflict, then the working party has the right to apply to other bodies for the protection of their rights.

If you cannot resolve the conflict peacefully, then you should complain. You can also go to court by filing a statement of claim for the payment of wages and compensation. The claim must be accompanied by the calculation of all amounts. Its plaintiff must do it himself.

How to make a calculation yourself

It is quite simple to make an independent calculation of compensation - you need to know your salary and the exact number of days of delay. The last indicator must be correctly calculated from the day that is spelled out in local documents.

For the calculation, you must use the following formula:

KV = ZrP * Cl.St. / 150 * KDP, where

КВ - compensation payment that the employer must make in favor of his employee;

ZrP - the amount of wages that must be paid to a specific employee on a strictly set date;

Cl. St. - this is the key rate (in percentage) of the Central Bank of the Russian Federation on the day of the delay. In the period from 26.03.2018 to 16.09.2018, the key rate is 7.25%;

КДП - the number of days of delay.

Calculation example: At the enterprise, wages for the second half of the month are paid on the 6th day of each month. For July, the payment was made only on 14 August. P.'s salary is 52,500 rubles. How much should he receive on August 14? No additional payments were made for July.

Calculation: CV = (52,500 * 7.5% 150) * 8 = 52,710 rubles, of which 210 rubles is interest for a delay of 8 days.

How to write a complaint to the FIT correctly

The first instance to which workers usually complain if they could not solve the problem with the employer peacefully is the labor inspectorate.

In Art. 7 of Law No. 59-FZ indicates the information that should be contained in a complaint to the FIT. This:

• about the labor inspectorate itself - the full name, address of the location;
• information about the applicant - full name, address of the place of registration, position, Contact Information(phone number and email address);
• document's name;
• the essence of the complaint. It is necessary to indicate the problem itself, give examples of how the applicant tried to solve the problem before contacting the FIT, cite references to the norms of the Labor Code of the Russian Federation and other regulations;
• a request for an inspection and timely notification of its results to the applicant;
• Appendix. If there are documents confirming the described facts, then copies of them must be attached. This can be an employment contract or another document that specifies the date of payment of wages;
• date of preparation of the document;
• the signature of the applicant, and also its transcript.

A complaint can only be made in writing, in compliance with the following rules:

• without swear words and phrases;
• without insulting the honor and dignity of others;
• containing only reliable information.

If the appeal to the FIT has not yielded results or the employee wants to immediately go to court, this is his right. But it is necessary to comply with the terms of treatment.

Sample application to the FIT about non-payment of wages

How to write a statement of claim

In Art. 392 of the Labor Code of the Russian Federation says that an employee has 1 year to go to court to resolve a dispute over the payment of wages. Therefore, he has time to appeal to the FIT, and then to the court. The term begins to run from the day on which the payment was due.

For the court it is necessary to draw up a statement of claim. The document is drawn up according to the same rules as the complaint to the FIT, but in compliance with the requirements prescribed in Art. 130 - 131 Code of Civil Procedure of the Russian Federation.

The statement of claim must contain the following information:

• full name of the court. It is necessary to correctly choose the jurisdiction of the case in question;
• information about the plaintiff - his full name, position, address, place of registration, contact information;
• information about the defendant, that is, about the employer. This is completely a name, legal address, position and full name of the head, contact information;
• The "body" of the claim. Here it is necessary to indicate what is the reason for filing a claim, when the payment should have been made, what is the general delay period, whether measures were taken by the employer to eliminate the debt, other information;
• references to legal norms that the employer violated;
• a request to the court for a decision in favor of the plaintiff, a claim for payments and the amount of compensation, as well as bringing the employer to other liability;
• Appendix. This is a list of documents that must be attached to the claim in support of their words. This:
• a copy of the claim for the defendant;
• copy of the applicant's passport;
• calculation of the amount to be paid, which the plaintiff requires;
• a copy of the employment contract;
• certificate 2-NDLF;
• other documents if necessary.
• date of drawing up the claim;
• applicant's signature and its transcript.

Sample statement of claim with a claim for payment of wages and compensation

Download forms of documents

Below you can download the forms (blanks) of standard documents, ready to be filled out. Which further upon sending will be accepted by any authority. If you do not typical case, then you can always resort to our services, besides, the initial consultation with us is free.

The article will help you understand the new procedure for settlements with employees, it also shows the responsibility of organizations for violation of payment deadlines and delayed wages

The Labor Code obliges the employer to pay employees wages at least twice a month. But until recently, it was possible to choose specific dates of payment independently. Since October 3, 2016, the rules have changed - the law clearly sets out the deadlines for the payment of wages.

Rostrud has prepared a selection of answers to salary questions

Deadlines for payment of salaries for December 2019

This is a fairly relevant question when to pay salaries for December. It is known that the final settlement for the month falls at the beginning of the next month. And in January they usually do.

If the deadline for payment of wages for the second half of the month is set on the 9th day of the next month or later, then the final payroll settlement with employees for December must be done in January of next year.

Note: How to withhold personal income tax from salaries for December 2017 if it is paid before the end of December.

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Employer's liability for late payment

Fines for errors in employment contracts and the employer's evasion from concluding such contracts also increased.

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Delay in wages, suspension of work, compensation

Can the employee still be at the workplace during the suspension of work?

Legislation not defined obligatory place finding an employee during the suspension of work due to non-payment of wages for more than 15 days. In this case, the employee independently has the right to decide whether to be in the workplace or not (part three).

Should the employer, in the event of a delay in the payment of wages, pay it, taking into account monetary compensation?

Yes, I should. The employer is financially responsible for delayed wages. calculated on the basis of 1/150 of the refinancing rate for each day the amount owed is delayed. In this case, the period begins to run from the next day after the established one ().

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If the employee is not present at the workplace during the suspension of work, how will the employer notify him of the readiness to make payments?

When the employee is at the workplace, the notification process is simplified and comes down to familiarization with the document confirming the payment of the amounts due (or the willingness to pay). If the employee is absent from work, then the employer will have to notify him in writing (as far as possible postal addresses that are in the personal file), and the employee will have to go to work no later than the next working day after receiving such a document (part four).

Should the employer, in the event of a delay in the payment of wages, pay it, taking into account compensation for moral damage?

No, the employer has no such obligation. The employee must demand compensation for moral damage from the employer in a pre-trial procedure or already in court, if the employer does not agree to compensate such damage voluntarily ().

Failure to pay wages for more than two months (or partial non-payment within three months) is a crime falling under Art. 145.1 of the Criminal Code of the Russian Federation. In this case, the head of the organization faces a fine of up to 500 thousand rubles, forced labor or imprisonment for 3 years. True, punishment threatens the boss only if it is proved that the reason for non-payment is selfish or other personal interest of the head.

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Hotline for employees who do not receive their salaries on time

On July 1, the Public Chamber of the Russian Federation opened a hotline to receive complaints against unscrupulous employers for non-payment of wages.

Employees can report delays in payment of wages by phone 8-800-700-8-80 ... Calls from any region of the Russian Federation are free. The line operates from Monday to Thursday from 9 to 18, on Fridays one hour less - from 9 to 17.

All information received will be transferred to Rostrud and the prosecutor's office.

Employers who are in debt to their employees should remember that a delay in the payment of wages for more than 3 months is fraught with the launch of bankruptcy proceedings.

Muscovites can complain about their salaries

Based on the results of the commission, the inspectors will draw up a protocol. The reviewers are not obliged to issue it to the company, but you have the right to request a copy.

What will happen if you do not come to the commission

You can skip the meeting only for a good reason: the director's illness, disruptions in transport, natural disasters. But you need to documentarily confirm that you really could not attend the meeting.

If you did not get on the commission for valid reasons, for example, because of the director's illness, the meeting will be postponed. New date will write in the repeated notification. In this case, the company is not threatened with fines or additional checks.

Pass without good reason: directors will be fined from 2,000 to 4,000 rubles. (part 1). But, the FTS will call those who missed the commission again. Moreover, for the second time, the commission may be held at the regional level. And the company can be transferred for a pre-check analysis or even immediately appoint an on-site check.

Tax authorities demand to establish average wages in the industry

Since there is little money in the country, the FTS has set the inspectors a task: by the end of the year, payments on contributions should grow faster than official salaries (letter of the FTS of Russia dated 12.10.2017 No. GD-4-11 / 20547). Often the requirements of auditors go beyond reasonable limits.

For example, on salary commissions, the chief accountant or director is shown a list of employees with their full names. The inspectors calculate the salary of each employee according to the submitted reports, compare it with the industry average and determine the deviation. This amount is required to raise wages. If an employee receives 25 thousand rubles, the average salary in the region by type of activity is 30 thousand rubles. The tax authorities want the company to increase its salary by 5 thousand rubles and bring it in a week. Otherwise, they promise to schedule an on-site check, send the police, the prosecutor's office, etc.

This is a direct violation. It is unrealistic to raise each salary to the industry average. Average industry salaries - the criterion for calling on the commission. But they must be compared not with the income of each individual employee, but with average salary by company. This is what the Federal Tax Service prescribes in a letter dated 25.07.17 No. ED-4-15 / [email protected].

More material about WAGE COMMISSIONS of the tax

PAYMENT COMMISSIONS of the tax on kontur.ru

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What does the salary consist of?

Rostrud published on its website a report on the rules for the payment of wages to employees. In particular, it lists the cases when the employer has the right to reduce the employee's wages. It also clarified which payments are included in the salary and which are not.

Composition of wages

Rostrud specialists remind that the following parts are included in the salary:

• Salary ( salary), tariff rate;
• Compensation, namely, additional payments and allowances for work in special climatic conditions; remuneration for work in conditions deviating from normal (that is, for work with harmful or dangerous working conditions; for work at night; for combining positions, etc.);
• Incentive payments (for example, an additional payment for seniority; bonuses for the performance of a specific job, based on the results of the reporting period, for quitting smoking, for saving consumables, etc.).

Holidays are not included in the salary

At the same time, wages do not include compensation payments listed in. These are, in particular, the amounts that are paid when sent on a business trip; when moving to work in another area; in case of forced termination of work through no fault of the employee; when providing annual paid leave; due to the delay due to the fault of the employer in issuing work book upon dismissal of an employee.

Salary payslip

Article 136 of the Labor Code of the Russian Federation obliges the employer to inform the employee about what constitutes his next salary. For this purpose, when paying salaries. It contains information about:

• component parts of the salary for the corresponding period;
• the amount of other amounts accrued to the employee (other amounts include, inter alia, compensation for delayed wages, vacation pay, payments upon dismissal, etc.);
• the amount and grounds of the deductions made;
• the total amount of money to be paid.

The salary cannot be lower than the minimum wage

The salary of an employee who has fully worked the norm of hours and fulfilled the labor standards cannot be less than the minimum wage. The minimum wage is approved at the federal level.

Indexation of wages

The employer is obliged to index wages in connection with the rise in consumer prices for goods and services (Article 134 of the Labor Code of the Russian Federation). wages are determined in the collective agreement, agreement, local normative act... If, according to the results of the calendar year, during which Rosstat recorded the increase in consumer prices, the salary was not indexed, the employer may be held liable, regardless of whether the corresponding local act was adopted or not.

When an employer can reduce wages

By general rule, changing the terms of the employment contract, including in terms of reducing wages, is allowed only by agreement of the parties to the employment contract. But in some situations, the monthly salary may be paid at a lower amount than established in employment contract, without the consent of the employee. These cases include:

• failure to comply with labor standards (Article 155 of the Labor Code of the Russian Federation);
• non-performance official duties(Article 155 of the Labor Code of the Russian Federation);
• simple;
• manufacturing of defective products (if there is no employee's fault in the production of a defect, then defective products are paid in the same way as suitable products; Article 156 of the Labor Code of the Russian Federation).

Is the employee entitled to receive cash wages?

Workers budgetary institution have the right to receive a salary in cash if they do not want to have bank accounts and cards.

According to article 136 of the Labor Code of the Russian Federation, wages are paid to the employee, as a rule, at the place of work, or transferred to the credit organization specified in the employee's application.

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Any working person must receive a salary at a certain time and in full. This right is guaranteed by the labor code and Russian legislation (Article 21 of the Labor Code of the Russian Federation, Article 37 of the Constitution of the Russian Federation). This article provides a complete overview of what kind of punishment is provided for management in case of permanent withholding of payments.

The employer's liability for late payment of wages in 2020 is manifested in the following forms:

• disciplinary punishment (Article 192 of the Civil Code of the Russian Federation) can be incurred both by the employer himself and by his officials who have committed non-payment of wages and violated other rules for remuneration.
• material punishment (Art. 234-236 of the Civil Code of the Russian Federation) is manifested in the form of accrual and payment of interest to the employee for those days of delay that followed the day of delay in wages.
• administrative punishment (Article 5.27 of the Code of Administrative Offenses of the Russian Federation) occurs only with proven guilt of the head or his representative.
• criminal punishment: in case of proven mercenary motives officials arrest for up to two years may follow.

Disciplinary responsibility

Delayed wages due to the fault of the manager or officials are improper performance their direct responsibilities. This may entail receiving one of the disciplinary punishments in the form of a remark, reprimand or dismissal (Article 192 of the Labor Code of the Russian Federation). If the facts of violation are proven, the employer applies appropriate measures to the management of the institution (Article 195 of the Labor Code of the Russian Federation).

To carry out the verification, a representative of the interests of workers (this may be a trade union) applies with a corresponding statement to the employer, where violations by the management are indicated. The employer is given 1 week to consider this document (Article 370 of the Labor Code of the Russian Federation). Further, he takes measures to eliminate violations, chooses the form of disciplinary punishment and notifies the applicant about this (Article 22 of the Labor Code of the Russian Federation).

The period of validity of this punishment is 1 year from the date of its imposition.

Material liability

This responsibility is imputed to the manager for the delay in the payment of wages to employees. Employees have every right to demand remuneration from the employer, as well as to receive interest for its delay and compensation for moral damage incurred. In this case, the fact of the reason for the failure to issue payroll does not play any role. Find out more about workers' rights in the event of delayed wages.

The employer has 15 calendar days in reserve for the issuance of wages from the time of the expiration of the period for its accrual (Article 136 of the Labor Code of the Russian Federation). The exact date of payment is determined by the internal regulations of the institution and is supported by an appropriate agreement.

Compensation

Additionally

Compensation means for delayed payment of wages:

• not subject to personal income tax;
• are not included in income tax expenses;
• are subject to compulsory insurance premiums in the same way as wages.

Since October 2016, the accrual procedure has changed. Interest is accrued in accordance with the key rate of 1/150 (Article 2 No. 272-FZ of 03.07.2016). For example, a fixed salary payment date in a company is the 10th day of each month. The employee's remuneration for January (50,000 rubles) was made on 02/20/2017. For 10 days (from 10.02.2017 to 20.02.2017 inclusive), taking into account the rate of the Central Bank of the Russian Federation (10%), compensation in the amount of 333 rubles was charged.

Previously, this rate was 1/300. Thus, the law doubled the minimum amount for compensation. At the request of the employer, the amount of compensation can be increased and must be specified in labor agreement or local regulations (Article 236 of the Labor Code of the Russian Federation).

Payment for late wages is the direct responsibility of the employer: the employee does not need to submit any documents or complain to higher management. The compensation is paid at the same time as the delayed salary.

Suspension of the performance of official duties

The employee may not come to workplace before the day of payment of wages, if the delay in payment for labor exceeds 15 days (Article 142 of the Labor Code of the Russian Federation). You should inform the management of your desire in writing.

When management begins to make payments, this employee is notified of this by a written notice. After receiving it, he must go to his workplace. If he did not do this, this act is regarded as absenteeism.

All days for the period of suspended work must be paid in the amount of the average wage (document No. 14-2-337 of the Ministry of Labor of Russia dated December 25, 2013). Read about payment for forced downtime due to the fault of the employer.

It is worth noting: there are some nuances in the question of suspension of employment. Such actions of self-defense are legitimate only in case of delay in the payment of wages. If the employee was not paid vacation pay, and he decided not to go to work after the vacation until the moment of their payment, then this will qualify as absenteeism. To defend the payment of vacation pay on time, there is another mechanism of influence.

• military and civil servants;
• people who support the life of people (electricians, doctors, etc.) or work in especially dangerous industries and equipment;
• when a state of emergency is declared.

Administrative responsibility

Punishment can come only if the manager is guilty of disrupting the terms of payment.

The employer is liable for delayed wages with the following consequences (Article 5.27 of the Code of Administrative Offenses of the Russian Federation):

• manager and individual entrepreneur: a warning or a fine of 1000-5000 rubles. Repeatedly ─ up to 20,000 rubles (part 4 of article 5.27 of the Code of Administrative Offenses of the Russian Federation), a ban on holding a position for no more than 3 years.
• fine for an institution: 30,000-50,000 rubles. In case of a repeated incident, a punishment of up to 70,000 rubles follows (part 4 of article 5.27 of the Code of Administrative Offenses of the Russian Federation).

Day off

If the deadline for issuing a salary on a weekend or a non-working holiday falls out, it is issued before that day (Article 136 of the Labor Code of the Russian Federation). For example, wages must be paid on the 8th of the month. Then cash for February 2017 are paid to employees on 03/07/2017 on Tuesday, since 03/08/2017 is a non-working holiday (International Women's Day). Information on payment for work on a day off according to the Labor Code can be found in the article. If these requirements are not met, the employer may be subject to an administrative fine.

Attraction to is possible only through the court. Administrative proceedings are initiated, the corresponding protocol is drawn up. If a delay in salary payment is revealed, the state labor inspectorate issues an order to pay it off within a month. Salaries should be received not only by employees, but also laid-off employees.

Inspectors monitor the remuneration process, enter into a special register of employers who have violated the Labor Code. These data are submitted to the prosecutor's office.

See the video about criminal liability for non-payment of wages

Criminal liability

This type of liability for delayed payment of wages occurs when self-interests or monetary motives are proved and is punished by the following measures (Article 145.1 of the Criminal Code of the Russian Federation):

• collection up to 500,000 rubles;
• a fine commensurate with the salary or other sources of income for the last 3 years;
• a ban on holding a certain position for no more than 5 years;
• compulsory work for up to 3 years;
• arrest for no more than 3 years.

The penalty is chosen depending on the type of non-payment. Partial non-payment of wages means payment of less than half of the due amount. Criminal liability occurs in case of partial non-payment of more than 3 months and the employer's selfish goals. Full non-payment means non-payment of all earnings within 2 months or for the same period the payment of wages is below the minimum wage. With a proven malice of the employer, he will face a more severe punishment than with partial non-payment.

The severity of the consequences is determined by the court through careful consideration of a specific case. The duration of the crime, the amount of wage arrears, the number of victims, etc. are taken into account.

Delaying employees' salaries has significant consequences for the employer and the institution. You should be very careful about the observance of the terms of payment, otherwise problems cannot be avoided.

Questions about employer liability? Ask them in the comments to the article

Hello friends! My today's article will be devoted to the delay in wages and the 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 a statement in labor inspection and to the prosecutor's office. To obtain full compensation, a claim had to be filed with a judicial authority.

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

By labor code there are no salary delays in 2019 and is 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 the internal acts of the company. An advance is paid in the middle of the month, and the rest of the funds at the end.

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

Despite the strict prohibition that prevents employers from delaying payment of wages, there is a short period of time that will allow the issue to be settled 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 delayed earnings

It is important to decide what to do when the salary has not been paid for a long time. Beyond the right to terminate labor activity after 15 days of delay, citizens have the opportunity to file a complaint with the relevant organizations. However, it is necessary to start with just contacting 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 notification addressed to the employer that due to a 15-day delay, the employee will no longer return 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 require much time, but it is necessary to complete all the actions, because otherwise, the employee will be put on 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 on the part of 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 issue 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;
• the 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 will be able to confirm the words of the applicant.

Usually, the appeal takes place in court, since, at the same time, citizens are filing a claim for collecting interest for delay and moral compensation. If the delay is more than three months, then the company's management can be prosecuted.

Features and nuances of filing such complaints

There are some points that need to be considered when contacting any of the indicated departments. Applications must be submitted in writing and registered in the prescribed manner. An important point is that you need to contact the place of registration of the injured 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 thoroughly 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 enterprises serving the population, rescuers, workers of water, electricity, gas supply systems cannot stop their work and should go to court immediately.

Instead of totals

Concluding the conversation, it can be noted that non-payment of wages to employees is a serious violation that requires mandatory intervention from the controlling organizations. If the employee wishes to receive his money and additional compensation, then he should contact the judicial authority.