Employers' liability in case of delayed wages. Algorithm of actions of an employee under the Labor Code in case of delayed wages. If the employee is not present at the workplace during the suspension of work, how the employer will be notified

Salary is a legal remuneration paid by the employer for quality and timely fulfilled labor obligations to the employee.

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But, unfortunately, some companies have not written the law, and more and more often people are faced with a delay in the payment of well-deserved finances. What to do in such cases? What to do and where to go? You will learn about all this by reading our article.

What can be considered a delay in wages?

According to article 136 of the Labor Code of the Russian Federation, the payment wages must be carried out twice a month on the day prescribed by the employment contract.

If the day of payment coincides with a non-working day, then all financial transactions must be made the day before.

The severity of the law

Conflicts between an employee and an employer arising from delays in the payment of wages are regulated by the following legislative documents.

Normative acts

  • Article 236 of the Labor Code of the Russian Federation establishes the material liability of the employer. This clause includes violations of payments such as vacation pay, payments upon dismissal and others that are relied on by the law of the Russian Federation.
  • Articles 5.27 and 5.31 of the Code of Administrative Offenses of the Russian Federation provide for the administrative responsibility of the employer, and is punishable by the imposition of penalties.
  • Clause 1 of Article 145 of the Criminal Code of the Russian Federation is the most severe type of liability - criminal.
  • Article 142 of the Labor Code of the Russian Federation explains the responsibility of the employer to the employee for delayed wages.

Now that you are familiar with the existing regulations concerning the above problem, it would be nice to know what kind of responsibility they are preparing for a leader who does not fulfill his obligations.

A responsibility

Let's start with the very first, article 236 of the Labor Code of the Russian Federation. If, as a measure of punishment, material liability, then the employer is obliged to pay all arrears, taking into account compensation. The latter is not lower than the Central Bank of the Russian Federation, in force at the time of the proceedings, of the total amount of debt, for each day of delay, including the day of the payment itself. The percentage can be increased if this is provided for by the employment contract.

This obligation remains valid regardless of the presence of the employer's fault in the precedent.


Administrative punishment, according to article 5.27 of the Administrative Code of the Russian Federation, implies the imposition of a fine on responsible persons from 1,000 to 5,000 rubles, as well as for an organization, depending on the form of ownership, from 1,000 to 5,000 rubles for individuals, from 30,000 to 50,000 rubles for legal entities.

In cases where complaints are received constantly, and the employer is repeatedly prosecuted under this paragraph, then part 4 of this article will apply. It provides not only a significant increase in the amount of fines (up to 20 000 for officials, before 20 000 for individuals, before 70 000 for legal entities), but also the possible disqualification of the responsible persons for a period from 1 to 3 years... Article 5.31 of the Code of Administrative Offenses of the Russian Federation tells about violations, as well as about non-fulfillment of the employer's obligations under the collective agreement. The punishment can be imposed both in the form of a warning and in the form of a fine. from 3,000 to 5,000 rubles.

According to part 1 of article 145.1 of the Criminal Code of the Russian Federation, if wages and other payments required by law have not been partially paid within 3 months, the penalty will be a fine of up to 120,000 rubles. It can be replaced by the equivalent of the annual salary of the accused, or a ban on activities in certain posts for up to 1 year, or the establishment of forced labor for up to 2 years, or restriction of freedom for up to 12 months.

If the employer delays the payment of wages in full (in full) for more than 2 months, part 2 of Article 145.1 of the Criminal Code of the Russian Federation tells about the punishment in the form of fines from 100,000 to 500,000 rubles or in an amount equivalent to wages up to a year, the accused, either by the appointment of forced labor with the deprivation of holding the established positions for a period of up to 3 years, or imprisonment for up to 3 years.

In cases where such delays have entailed grave consequences, minimum size the fine is increased to 200,000 rubles. The equivalent of a fine in the form of the wages of the accused in the amount from 1 to 3 years... Probably also, imprisonment and disqualification for a period of from 2 to 5 years... By the way, partial non-payment of wages implies payments in the amount of less than 50% of the amount specified in the contract.

Delay in payment of "black" and "gray" wages

The state is always on the side of the employee, therefore, if it is discovered that there is no contract between you and the employer, the latter is charged with article 5.27, part 3 of the Code of Administrative Offenses of the Russian Federation "Evasion, as well as improper registration of labor relations", promising a fine of up to 20,000 rubles to responsible persons.

For individuals, this is fraught with a fine of up to 10,000 rubles, legal entities you will have to pay up to 100,000 rubles.

If such an incident is not the first in the organization's practice, then the punishment will be toughened. According to part 5 of article 5.27 of the Code of Administrative Offenses of the Russian Federation, in addition to penalties, the person in charge is disqualified from the position held for up to 3 years.

In general, the situation with “black” and “gray” salaries is somewhat more complicated. Since you will have to prove in court that you really did labor activity at the enterprise and were at work. Based on article 55 of the Code of Civil Procedure of the Russian Federation, testimony of third parties, witnesses, material and written materials, as well as video and audio recordings can serve as evidence.

Moreover, the level of the white wage should not be lower than the legislatively fixed subsistence minimum, which is set individually for each region. Otherwise, such an act is considered a violation of labor laws. If all evidence is collected and provided properly, the entire process will be reviewed by the authorized bodies.

What to do if salary is delayed?

According to article 142 of the Labor Code of the Russian Federation, if the delay in wages lasted for more than 2 weeks, the employee, knowingly, in writing, notifying the employer, has the right to completely suspend work until the entire debt is reimbursed.

Return to work must be made the next day after receiving written consent from the employer about the readiness to pay the resulting debt.

But not everyone can suspend their work and not always, in particular, employees do not have the right to do this:

  • during the period of military and state of emergency, as well as special measures related to states of emergency;
  • carrying out their activities in the Armed Forces of the Russian Federation and other paramilitary organizations involved in the defense and security of the state, including firefighting, rescue, law enforcement agencies and others;
  • those in the public service;
  • related to the spheres of life support ( medical workers, communication workers, power supply, water disposal, gas supply, etc.);
  • organizations directly related to work with hazardous types of production.

Where to complain?

There are three options where you can address this problem, these are:

  1. State Labor Inspectorate.
  2. Prosecutor's Office.
  3. Bodies of the Investigative Committee (court).

Going to court is the most effective remedy.

Remember about important moment, if you quit your "problem" job, then you should file a claim no later than 3 months later.

But even if you continue to carry out your work, you should not delay with such a matter.

If you are just going to quit due to non-payment of wages, be sure to send a certified letter to the employer, with the requirement to indicate a specific date when you can receive the calculation. And, most importantly, never sign the statements before receiving Money, otherwise you will not be able to prove otherwise, and no witnesses will help here.

Collecting documents

The number and list of actions to appeal against the manager depends on the instance where the complaint will be filed.

Any employee can turn to the labor inspectorate if the employer violates his rights. The convenience of applying is that, unlike the court, there are no time limits for filing an application. To do this, you should draw up a complaint, explaining the specific articles for which you have a claim, explain the essence of your requirements.

It is necessary to indicate the documents attached to the complaint, if any.

  • copy of the work book;
  • calculation sheets;
  • other documents confirming the validity of the complaint.

The inspection must give a written answer within 30 days. After that, if the fact of violation takes place, an inspection of the employer will be organized, followed by a verdict. The employee has the right to require the inspection to conduct an anonymous check, in which case the employer will not know who exactly applied to the authorities. The results of the check, which will be provided by the checking inspector, should be attached to the statement of claim to the court.

If you are faced with the inaction of the inspection staff, you can go to court to challenge their actions.

If the salary is delayed for more than 2 months, you can apply for an application to the city / district prosecutor's office. In this case, you must fill out the form and send it to the appropriate authority at the employer's location. The appeal contains absolutely all information about the period and amount of debt, that there was a repeated appeal to the employer, demanding the due payments, etc. You can send a complaint by mail, fax, or bring it in person.

The processing time for the application should be no more than 30 days.

If the prosecutor's office considers that your appeal can be resolved by another body, it will be redirected, and you will be notified in writing with the necessary explanations. If you are not satisfied with the results of the check, you have the right to appeal the decision with a higher prosecutor.

In the event of a partial or complete delay in payment of wages, the employee can file a claim with the court. In this case, the payment of not only the principal debt may be required, but also monetary compensation for the delay. The terms of appeal to the judicial authorities, as well as the beginning of their countdown, are stipulated at the legislative level. The demand for full collection of wages is submitted no later than three months from the moment of violation of the employee's rights.

If the conflict situation concerns the size of the accrued wages, then the starting point of reference is taken from the moment when the employee learned about this fact (receipt of funds to the bank account, signature on the payroll, etc.).

If the employer calculates the salary, but does not make payments, then the period begins to expire from the moment of the possible dismissal of the employee.

The application is submitted to the city court, regardless of the amount of the claim. Justices of the peace don't deal labor disputes... Also, as in the case with the prosecutor's office, the complaint is filed at the location of the employer (branch, representative office). A plaintiff filing a complaint on a labor issue is exempted from paying state fees and other related costs. In order for the court to grant the petition for compensation, the application must indicate the harm and Negative consequences that occurred due to delays in payments.

The following documents should be attached to the application:

  • a copy of the statement of claim;
  • labor contract;
  • a copy of the order for employment;
  • a copy of orders on bonuses, on changes in wages;
  • a certificate of the wage rate and the average salary of the employee;
  • certificate of accrual / non-accrual of wages (taken from the accounting department of the organization);
  • calculation of wage arrears;
  • calculation of compensation.

If debt on loans grows

The proceedings with the employer may drag on for more than one month, but what about banks that require timely payments on loans? Unfortunately, the only thing in your power is to contact a credit institution and notify them about the incident.

It is best if, along with this, you provide documents that confirm your difficult situation. This will help you avoid fines from the bank. Further, it remains only to hope for the humanity of the organization's employees. It is likely that they will go to a meeting and give you a deferred payment, but this is not a guarantee.

Another option is to indicate such a fact in the statement of claim. Moreover, you should attach the calculation of the penalty, which is specified in the loan agreement and demand compensation from the employer. If the court considers the arguments justified - as a consequence of the violation of the right to remuneration - the employer will be obliged to pay these amounts as well.

Arbitrage practice

Judicial practice shows that decisions of all such cases are made in favor of the plaintiff. Of course, provided that all submitted documentation is completed correctly, provided on time, and the attached evidence is genuine.

Each employee should be aware that the employer is obliged to pay wages on certain days, enshrined in the organization's regulatory documents. Violation of the payment terms can entail certain liability of the employer, ranging from a fine and suspension of activities and ending with criminal liability.

Delay in wages is unacceptable, if the employee still does not receive his money on time, then he has every right to complain to various authorities and authorities, in addition, he may not go to work if the delay is more than 15 days, plus the employee can count on this for monetary compensation for each day of delay. Read more about this in the article below.

First of all, you need to know that in the Labor Code, the delay in wages and the employer's liability in this regard is covered by article 142. Before performing any actions, the employee should familiarize himself with the contents of this article.

If the salary is delayed for more than 15 days

The countdown of days of delay in wages should be counted from the day following the date of payment of wages fixed in the local acts of the organization. The employee must be familiar with mandatory with these acts, if the employee does not know what terms are established in the organization for remuneration, then you should contact the employer with the requirement to familiarize the employee with the relevant documents. The timing of the payment of wages can be spelled out in the collective agreement, labor regulations, labor contract with the employee.

If 15 days have passed, and the employee's wages have not been paid, he has every right not to go to work, starting from the next day. This right is given to him by Article 142 of the Labor Code of the Russian Federation.

The main condition that must be met in this case is a written notification of the employee about his intention to stop the work process. The employee should write a statement on the suspension of work due to a delay in wages for more than 15 days. The application must be drawn up in two copies.

One is transferred to the employee, the second with the organization's visa for the acceptance of the application should be kept for yourself. This will be evidence that the employee has notified the management of the termination of work, in which case the employee's absence from the workplace will not be defined as absenteeism.

If the employer does not want to accept the employee's application, the office does not want to put a stamp on the acceptance of the document, then you need to send a notification by mail with a list of attachments and a receipt acknowledgment.

The employee is obliged to go to work as soon as he receives written confirmation from the company's management that it is planned to pay wages. Also, the employee is obliged to go to work as soon as he receives the money due to him.

The right of an employee to be present at work if wages are delayed for more than 15 days or not to go to work workplace at all.

Before writing an application and stopping work, you need to make sure that the position of the employee does not apply to the exceptions established by Article 142 of the Labor Code of the Russian Federation, for which work stoppages are not allowed.

Which employees cannot stop work if the salary is delayed for more than 15 days:

  • military personnel;
  • working in law enforcement agencies;
  • firefighters;
  • working in rescue services, emergency services;
  • providing the population with water supply, heating, electricity, communications;
  • working in an ambulance;
  • civil servants;
  • working in production with especially dangerous conditions;
  • when a state of emergency or martial law is declared.

Where to pay if the employer is delaying the salary?

An employee can not only not go to work in anticipation of his money, but also take certain actions aimed at receiving his due salary. An employee can complain to various authorities and institutions.

Labor Inspectorate

The first place an employee should contact in case of delayed wages is the Federal Labor Inspectorate. You can complain from the first day of the delay.

The employee should write a written statement stating the fact of delayed wages, after which the statement with supporting documents is sent to the labor inspectorate, which will check these statements of the employee and, if the employer is found guilty, will impose a fine on the organization. Punishment in the form of suspension of activities for up to 90 days can also be applied.

The application should be accompanied by documents that confirm that the employee really works in this organization (employment contract). You should also provide a document on the amount of wages due to the employee for his work, documents establishing the timing of payment of wages.

Prosecutor's office

An employee can complain to the prosecutor's office if the delay in salary has exceeded 2 months. You need to complain at the location of the organization. A statement is drawn up, on the basis of which the prosecutor's office conducts its investigation.

Court

Another institution where an employee can go on a delay in wages is the court. In this case, a statement of claim is drawn up, to which the documents listed above are attached.

Delays in the payment of wages are not such a rare phenomenon, especially in times of crisis. The bosses say that wait, now are hard times, everything will work out and then we will definitely pay everything. Employees, however, continue to work, persuading themselves that sooner or later they will pay and not thinking that they can keep their jobs, while hurrying the employer with payments. However, each employee should be aware that on legal grounds he can stop work and not go to it after fifteen of its delays in payment have passed.

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

They have no right to stop their work and not show up.:

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

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

Rules for filling out an application to the employer

When all conditions for stopping work are met:

  1. write an application addressed to the employer in duplicate. On one of them, you will be marked with the date of receipt, which will be a confirmation that you have notified your superiors in writing. Be sure to indicate: the name of the employer, the position of the manager, his surname; FULL NAME. and the position of the employee;
  2. Grounds for payment of 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 admission, send it in writing by registered mail with the notice that will confirm your notice to the boss about the termination of work. And this will not be considered truancy.

Sample termination statement

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 notify you of my intention to suspend work from March 15, 2020. Ready to get started job responsibilities from the moment of debt repayment. For the period of suspension, I reserve the right not to be present at the workplace.

Complaining to the Labor Inspectorate

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

A free-form application is drawn up to the inspectorate, but it is imperative to indicate your data, in the name of whom it is being drawn up, in the content indicate the reason for the complaint with the attachment of supporting documents.

Important! Be sure to submit a complaint statement in writing, if you contact orally by phone, you will not be helped.

Sample complaint to the labor inspectorate

Head of the State Labor Inspectorate

Sokolova M.V.

from Prokofiev I.T. living in Saratov

Gogol street, 25, apt. 3

I, Sokolov M.V., worked in LLC "Stolypin" since "__" _______ ______ as an engineer. December 15, 2017 year, we had to be paid an advance payment for the month of December, as of February 1, 2020, the debt has not been paid off, a similar situation with wages, which should have been paid on December 30, 2017, respectively, I also did not receive any advance or salary for January.

I consider the employer's actions unlawful for non-payment of wages on time due to 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 settlement month

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

2) In accordance with article 236 of the Labor Code of the Russian Federation, if the employer violates the established deadline for the payment of wages, the employer is obliged to pay them with 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 a day after the established payment period up to and including the day of actual settlement.

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

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

Application:

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 apply 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 a verification of the circumstances of the violation .

Important! Under no circumstances should you submit your complaint anonymously, no one will take it into account.

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

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

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

Answers to common questions

Question # 1: Where should an employee go if his wages are delayed for more than 15 days?

Answer: First, contact your employer in writing, with a statement that you refuse to continue to work, receive an incoming number on the application as confirmation of the application, if you refuse to accept it, send it in writing to the organization with a receipt acknowledgment.

The next day, after the delay in payments, you immediately have the right, according to 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 reimbursement of all debts and interest on them, compensation for moral damage, and wake up right.

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

Answer: The Inspectorate reacts within a month, verifies the fact of violation and makes a penalty in the form of a fine, suspension from cases, or transfers the case to court proceedings

Salaries must be paid at least every half month.

A delay in salary of more than 15 days is a violation of the law.

Provided that the salary is white, and labor Relations- official.

When these two weeks pass, you can claim compensation and / or suspend work.

Calculation of compensation for delayed wages

The employer is primarily responsible for the violation of salary terms in the ruble.

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

Calculate the compensation and contact the management with a request (better written) to issue a salary. Argument your demand with Article 236 of the Labor Code of the Russian Federation.

To calculate the compensation, the following formula is applied:

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

Compensation can be more amount, obtained according to the formula, if it is provided for by the collective or labor agreement and other local acts.

Suspension of work

If the management of the company has 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 have to write here. You need to attach to it:

  • Documents confirming that you work for this company (employment contract, employment order, work book other).
  • Salary documents.
  • Documents proving non-payment of earnings (pay slips, bank statements, etc., calculation of debt and compensation).

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

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