We pay compensation for delayed payment of wages. What to do if your salary is delayed at work and how to write a complaint? Delay of salaries in a budget organization

Any citizen working officially or under a contract must receive a salary within a certain period of time, and receive it in full. This right is guaranteed by law and the labor code (Article 21 of the Labor Code of Russia and Article 37 of the Constitution).

However, not every company pays cash on time, preferring instead to delay or “split” the salary into several parts. What penalties are provided for the company and management if there are frequent delays? wages?

Types of punishment

The following penalties may apply to companies and management:

1. Disciplinary(Article 192 of the Civil Code of Russia). Such punishment may be inflicted officials, management personnel, employers or their representatives.
2. Material(Articles 234-236 of the Civil Code of Russia). They represent payments and penalties accrued to employees for all days of delay.
3. Administrative(Article 5.27 of the Code of Administrative Offenses of Russia). This type of punishment occurs only if the guilt of managers or their representatives is proven.
4. Criminal. If it is proven that wages are being delayed for personal gain, persons holding leadership positions and employers may also be subject to criminal liability, including imprisonment.

Responsibility for delay of PO

The company's obligations to employees are controlled by government agencies and the state itself. For this reason, if the payment of wages was canceled or delayed, a variety of responsibilities may be assigned for such an offense, depending on the degree of guilt and the amount of material damage:

1. Material- this type of liability begins immediately from the moment of delay in wages to employees. Expressed financial liability the obligation to calculate the amount of compensation for all days of delay with subsequent payment. This responsibility is imposed only on the employer, that is, on a legal entity or entrepreneur. In the event that the investigation of the fact of non-payment involves government bodies(prosecutor's office or labor inspectorate), and these bodies brought the perpetrators to criminal or administrative liability, the imposition of any penalties does not cancel the obligation to pay compensation.
2. Administrative- such responsibility is imposed mainly on the person in charge, as well as on management, but can also be applied to legal entities. This point is regulated by Article 5.27 of the Code of Administrative Offenses of Russia. For violations of administrative legislation, legal entities, managers or responsible employees may be subject to liability provided for by the code.

   Officials pay a fine of 1-5 thousand, legal entities - 30-50 thousand, or a suspension of work is imposed for 90 days. Entrepreneurs can also pay from 1 to 5 thousand; in other cases, their work is also suspended for 90 days. If a manager commits the same violation again within the next year from the date of administrative responsibility, he will be disqualified for a period of 1 to 3 years. Similar penalties are not provided for legal entities and entrepreneurs, which means that in the event of a repeated violation, they will only be subject to another fine or further suspension of activities.

1. Criminal- such liability for non-payment of salary is assigned under Art. 145.1 of the Criminal Code of Russia only for managers. Here it is important to prove the self-interest of the motives for non-payment of money or to identify the strong personal interest of management, and only after that can we talk about criminal liability.

If facts of non-payment of the entire salary within 3 months were noted, the punishment may vary - from 120 thousand to imprisonment for a period of one year. Also, the manager may be deprived of the right to engage in activities (the right to hold positions) for a year. A fine in the form of correctional labor for a period of 2 years is also possible.

Partially unpaid wages is the salary that is less than 50 percent of the required amount.

If the salary is not issued to employees within 2 months or if its size is less than the minimum wage, the fine in this case can reach 100-500 thousand rubles or income for 3 years. Punishment can also include work or a prison term of up to 3 years. In this case, the citizen is deprived of the right to engage in certain types of work and hold positions for the same period.

However, there are also more serious offenses related to the calculation of wages, their delay or non-payment. In especially serious cases, the fine can vary between 200-500 thousand rubles. or a fine equal to salary or other income for 3 years. Imprisonment of up to five years with disqualification from holding certain positions for the same or lesser period is also possible.

Other work situations

According to the provisions of the Labor Code, all employed residents of the country must receive wages on time, twice a month. Otherwise, the negligent employer will have to answer before the law. The legal aspects of payments are regulated by the law on delayed wages in 2020.

All legal issues relating to the payment and delays of wages are regulated by the Labor Code of the Russian Federation. In the first reading, the bill was adopted by State Duma deputies in 2001. The main basis for the formation of strong working relationships between employer and employee is considered to be a correctly drawn up employment contract. The document protects the rights of the worker and guarantees that the court will side with him if the fact of a delay in payment of wages is recorded.

Main provisions of the bill

According to current regulations, delays in cash payments are not permitted. If such a violation occurs and lasts longer than 2 weeks, the employee has the right to stop performing official duties until he receives the required funds. You just need to inform the employer about this. In some cases, it is not permitted to cease operations. So, representatives of certain professions cannot do this:

• military personnel;
• social workers;
• employees of the Ministry of Emergency Situations;
• civil servants;
• representatives of the medical field.

If an employee goes on strike due to non-payment of wages, he has the right not to come to work. Moreover, the employer will be obliged to pay him even for those days when professional activity was not carried out. It is prohibited to impose penalties for non-compliance labor responsibilities, if the employee did not come to work due to late payments.

The official text of the Labor Code states that the employer is obliged to pay compensation to the employee for each day of delay. It is calculated as a percentage of the amount of payment not received on time. The bill also determines that administrative proceedings may be initiated against an unscrupulous employer.

In the most difficult cases, the head of a company in which wages are withheld may be held criminally liable. This usually happens in cases where funds have not been transferred for at least 2 months. Criminal liability is provided if it is proven that the manager deliberately initiated the bankruptcy procedure of the company.

Changes to the Labor Code

The latest amendments made to the bill concerned the establishment of compensation for delayed wages. The parliamentarians determined that the employer is obliged not only to pay the due amount in full, but also to pay the employee a percentage for each day of delay. According to current regulations, the payment should be 1.5% of the average monthly salary per day.

This percentage can be increased if specialists identify violations on a large scale, i.e. if the number of victims from the actions of an unscrupulous employer reaches several people. You can recover compensation from the employer through a complaint to labor inspection or when contacting other competent authorities.

Changes were also adopted regulating payment transfers twice a month.

Punishment for late wages in 2020 for employers

What to do if your employer delays wages

In addition to suspension of work, employees have additional leverage over an unscrupulous employer. If there is no money for two weeks, the employee has the right to file a complaint with one of the following departments:

• State Labor Inspectorate;
• prosecutor's office

You can submit a written statement, or you can report a violation by phone. In any case, specialists will conduct an investigation into the complaint received. At the same time, you can notify the employer about temporary suspension activities. You should contact the prosecutor's office if funds have not been transferred for more than two months, and complaints to the labor inspectorate have not brought results.

Do not forget that the employer is obliged not only to accrue payments in a timely manner, but also to issue payment documents to employees, which must reflect the following information:

• number of working days;
• salary amount;
• total amount of charges for the month;
• amount of taxes withheld;
• final salary.

Additional information about vacation pay, bonuses for working on weekends and holidays etc.

Full information on the payment of wages is contained in the latest version of the bill. We suggest downloading the Labor Code from the following link.

When should salaries be paid?

In each specific case, the day of payment transfer is set separately. The duration depends on the employment contract. It is important to follow the main rule - payments must be made twice a month. In any case, the first payment cannot be accrued later than the 15th of each month.

The salary can be transferred to the employee’s bank card, or it can be given in cash in person. In the latter case, you need to sign the reporting sheet. If the payment day falls on a weekend, they must be accrued in advance.

How long can wages be delayed?

According to current standards, an employer can withhold wages for up to 15 days. If this period has expired and the money has not been transferred, the employee has the right to appeal to higher authorities and cease activities. Liability for late wages also applies to non-payment of the advance, and not just the principal amount.

The employer may be held administratively liable. Depending on the period of delay in payments, the following sanctions are provided:

• fine up to 5 thousand rubles. official;
• fine from 50 thousand rubles. for legal entities faces;
• imprisonment for a term of 1 to 3 years.

The Labor Code guarantees the timely payment of wages to employed residents of Russia. If there is a delay beyond the permitted period, the employee has the right to contact any of the regulatory authorities with a complaint. In case of violation, the employer will have to pay compensation and a fine. And in case of the most serious delays, management also faces criminal liability.

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

Innovations

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

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

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

Article 142 of the Labor Code of the Russian Federation

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

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

Exceptions

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

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

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

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

Next steps

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

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

Employer's liability

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

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

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

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

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

If the violation is not resolved

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

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

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

Payments upon dismissal

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

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

What to pay attention to

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

Salaries must be paid at least every six months.

Delay in salary for more than 15 days is a violation of the law.

Provided that the salary is white and the labor relations are official.

Once these two weeks have passed, you can claim compensation and/or suspend work.

Calculation of compensation for delayed wages

For violation of salary deadlines, the employer is primarily liable in rubles.

The employee must receive compensation for each day of delay in wages, regardless of whether the employer is at fault or not.

Calculate compensation and contact management with a request (preferably in writing) to issue a salary. Justify your demand with Article 236 Labor Code RF.

To calculate compensation, the following formula is used:

(debt - personal income tax) × 1/150 of the Central Bank key rate × number of days of delay

Compensation may be greater than the amount received according to the formula if this is provided for by the collective or employment contract and other local acts.

Suspension of work

If the company's management pursues a policy of “no money, but you hold on,” you have the right not to work. The argument is Article 142 of the Labor Code of the Russian Federation.

You'll have to write here. You need to attach to it:

• Documents confirming that you work in this company (employment contract, employment order, work book and others).
• Documents on the amount of salary.
• Documents indicating non-payment of earnings (payslips, bank statements, etc., calculation of debt and compensation).

However, you are not obligated to continue working for the debtor company. If the fact of non-payment of wages is established, you can do so at any time, without working for two weeks.

Today, many organizations, including educational ones, are trying to save money. Some decide to take the extreme step of withholding wages to employees. Of course, circumstances are different, but it should be remembered that no economic difficulties are an excuse for inspection authorities and the court. Since negative consequences are envisaged for violators, rest assured: you will have to answer.

What does it mean to delay your salary?

Employees must be paid every half month. This rule is established by the Labor Code Russian Federation(hereinafter referred to as the Labor Code of the Russian Federation). Paydays must be set locally regulations. Special rules apply when paying vacation pay and settlements upon dismissal.

Table 1 shows the days when the employer must pay the employee wages, vacation pay, benefits and other amounts.

Table 1. Days of payment of amounts due to the employee

It must be remembered that a delay in the payment of wages in full, even for one day, is a violation of the requirements of labor legislation.

Payment of monetary compensation

Please note

It is necessary to calculate compensation for late payment of wages and other amounts even in cases where payments are not made on time at the request of the employee, due to the fault of the bank and in other situations

If the deadline for payment of any amounts due to the employee is violated, the employer (in our case, an educational organization) must pay them with interest (monetary compensation). The following points must be taken into account.

1. Payment of compensation is an obligation, not a right of the employer.

The employer is obliged to notify each employee in writing about all components wages and amounts of other amounts accrued to him ( Part 1 Art. 136 Labor Code of the Russian Federation). Cash compensation for violation of the established payment deadline must be indicated on the payslip.

2. The employer is obliged to pay compensation regardless of the presence of fault ( Art. 236 Labor Code of the Russian Federation).

Example. The school promptly transferred funds to pay salaries to the bank, but they were credited to the employees’ cards late due to the bank’s fault.

Is it necessary to accrue compensation for days of late payment?

Yes, it is necessary. Writing off funds from the organization's current account on the day specified in the employment contract does not fulfill the obligation to pay wages to employees, since the employee has the opportunity to receive wages from the day it is received in his account. bank card. Accordingly, a delay in wages due to the bank’s untimely transfer of money to employees’ cards will be a violation established deadlines salary payments. Responsibility for this violation to the employees of the organization will be borne not by the bank (it is not a party to the labor relationship), but by the employer.

The right to suspend work does not depend on whether the organization is to blame for non-payment of wages or not ( clause 57 of the resolution of the Plenum of the Supreme Court of the Russian Federation dated March 17, 2004 No. 2“On the application by the courts of the Russian Federation of the Labor Code of the Russian Federation”).

The period for such notification is not provided for by law, which means it can be any. For example, an employee can write a statement and immediately leave the workplace.

In this case educational organization the following negative consequences await.

The court will initiate a case if the debt to pay wages or benefits is at least 300 thousand rubles. ( clause 2 art. 6 of Law No. 127-FZ).

If an organization does not have enough funds to pay off wage arrears for more than three months, its head must submit an application to the arbitration court within a month (Article 1, Law No. 127-FZ).

Criminal liability

Criminal legislation also provides for liability for non-payment of wages, pensions, scholarships, benefits and other payments. Table 3 shows the types of relevant crimes and punishments.

Table 3. Types of criminal liability for late payment of wages

An important circumstance: non-payment of wages entails criminal liability only if the organization has funds and the non-payment is due to self-interest or other personal interest of the manager (branch, representative office, separate structural unit).

Disciplinary and property liability

Please note

The employer is obliged to consider such a statement from the representative body and report the results.

If the fact of violation is confirmed, the employer is obliged to apply to the head of the organization, its structural unit, and their deputies disciplinary action up to and including dismissal.

In addition, the employer has the right to recover losses from the person performing the functions of the sole executive body organization, if they arose in connection with violation of deadlines for payment of wages and compensation.