Theory of everything. Compensation must be paid not only for delayed wages Cash compensation Article 236 of the Labor Code of the Russian Federation

In case of violation by the employer of the established period, respectively, payments wages, vacation pay, dismissal payments and (or) other payments due to the employee, the employer is obliged to pay them with the payment of interest (monetary compensation) in the amount of not less than one hundred and fiftieth of the key rate of the Central Bank in force at that time Russian Federation from amounts not paid on time for each day of delay starting from the next day after the due date of payment up to and including the day of actual settlement. In case of incomplete payment of wages and (or) other payments due to the employee on time, the amount of interest (monetary compensation) is calculated from the amounts actually not paid on time.

The amount of monetary compensation paid to an employee can be increased by a collective agreement, local normative act or an employment contract. The obligation to pay the specified monetary compensation arises regardless of the fault of the employer.

Commentary on Art. 236 of the Labor Code of the Russian Federation

1. Bank of Russia Ordinance No. 2313-U dated October 29, 2009 “On the amount of the Bank of Russia refinancing rate”, effective October 30, 2009, sets the Bank of Russia refinancing rate at 9.5% per annum.

It is impossible not to note the recent downward trend in the refinancing rate of the Bank of Russia, the amount of which since December 1, 2008 was 13% (see the Bank of Russia Directive of November 28, 2008 N 2135-U “On the size of the refinancing rate of the Bank of Russia” // Bulletin of the Bank of Russia, 2008, No. 69).

2. A collective or labor agreement may provide for a higher amount of monetary compensation paid to an employee in case of delay in payments due to him than is established by this article (see clause 55 of the RF PPVS dated March 17, 2004 N 2).

Second commentary on Article 236 of the Labor Code

1. Name of Art. 236 has been brought into line with its content. The words “and other payments due to the employee” are added to it.

The former last sentence of this article has been replaced by a new text, according to which the amount of monetary compensation paid to an employee may be increased by a collective or labor agreement. The obligation to pay the specified monetary compensation arises regardless of the fault of the employer.

Both new provisions of art. 236 are very important to ensure the real liability of the employer for the delay in payments due to the employee.

2. The obligation of the employer to pay wages to employees in a timely manner and in full is provided for in several articles of the Code: in Part 2 of Art. 22 among the main obligations of the employer, in Art. 56, defining the concept of an employment contract; in Art. 136, establishing the obligation to pay wages every half a month.

3. The employer and (or) authorized by him in in due course representatives who allowed a delay in the payment of wages to an employee and other violations of wages are liable in accordance with the Code and other federal laws (see Article 142 of the Labor Code of the Russian Federation).

Article 236 of the Code provides for liability for violation by the employer of the deadline for payment of wages, vacation pay, payments upon dismissal and other payments due to the employee in the form of payment of interest (cash compensation) in a certain amount.

The amount of monetary compensation for the delay in the said payments may be specified and set at a higher amount by a collective or labor agreement.

4. The procedure for collecting compensation, if it, like wages, is not paid, is not directly provided.

It seems that disputes about monetary compensation for late payments due to an employee should be considered in the manner prescribed for labor disputes about wages.

The text of article 236 of the Labor Code of the Russian Federation in a new edition.

If the employer violates the established deadline, respectively, for the payment of wages, vacation pay, dismissal payments and (or) other payments due to the employee, the employer is obliged to pay them with the payment of interest (monetary compensation) in the amount of not less than one three hundredth of the current refinancing rate of the Central Bank of the Russian Federation from the amounts not paid on time for each day of delay starting from the next day after the due date of payment up to the day of actual settlement inclusive. The amount of monetary compensation paid to an employee may be increased by a collective agreement, a local regulation or an employment contract. The obligation to pay the specified monetary compensation arises regardless of the fault of the employer.

N 197-FZ, Labor Code of the Russian Federation, current edition.

Commentary on Art. 236 of the Labor Code of the Russian Federation

Comments on the articles of the Labor Code will help to understand the nuances of labor law.

§ 1. Name of Art. 236 has been brought into line with its content. The words "and other payments due to the employee" are added to it.

Both new provisions of art. 236 are very important to ensure the real liability of the employer for the delay in payments due to the employee.

§ 2. The obligation of the employer to pay wages to employees in a timely manner and in full is provided for in several articles of the Code: in Part 2 of Art. 22 among the main obligations of the employer, in Art. 56, defining the concept of an employment contract; in Art. 136, establishing the obligation to pay wages every half a month.

§ 3. The employer and (or) representatives authorized by him in the prescribed manner, who have allowed a delay in the payment of wages to an employee and other violations of wages, are liable in accordance with the Code and other federal laws (see Article 142 of the Labor Code).

The amount of monetary compensation for the delay in the said payments may be specified and set at a higher amount by a collective or labor agreement.

§ 4. The procedure for collecting compensation, if it, like wages, is not paid, is not expressly provided.

It seems that disputes about monetary compensation for late payments due to an employee should be considered in the manner prescribed for labor disputes about wages.

The next commentary on article 236 of the Labor Code of the Russian Federation

If you have questions under Art. 236 of the Labor Code, you can get legal advice.

1. The Labor Code has expanded the list of situations related to the delay in various payments, in which the employer is liable. Now it can occur not only with the delay in the actual wages, but also in other cases. The commented article defines at least three options for attracting an employer to liability for the delay in payments due to the employee. This does not exclude other payments due to the employee.

2. The obligation to pay the specified monetary compensation arises regardless of the fault of the employer, which, of course, increases the guarantees for the employee. After all, it is the employer who is the participant economic activity bearing all risk and all responsibility for its results. If this situation arises in budgetary organizations, then the responsibility should be shared by the state or municipalities from the budget of which the activities of this employer are financed.

The corresponding position is also reflected in the Decree of the Plenum of the Supreme Court of the Russian Federation of March 17, 2004 N 2 "On the application by the courts of the Russian Federation Labor Code Russian Federation". When considering a dispute that arose in connection with the refusal of the employer to pay the employee interest (monetary compensation) for violation of the deadline for paying wages, vacation pay, payments upon dismissal and other payments due to the employee, it must be borne in mind that in accordance with the commented article, the court has the right to satisfy the claim, regardless of the fault of the employer in delaying the payment of the indicated amounts (paragraph 55 of the said Resolution).

3. If a collective agreement or an employment contract determines the amount of interest payable by the employer in connection with the delay in payment of wages or other payments due to the employee, the court calculates the amount of monetary compensation taking into account this amount, provided that it is not lower than that established by the commented article.

The accrual of interest due to late payment of wages does not exclude the right of the employee to index the amounts of delayed wages due to their depreciation due to inflationary processes.

4. About the terms during which the employee has the right to apply to the court on the issue of collecting payments due to him, see Art. 392 TK.

Do you think you are Russian? Born in the USSR and think that you are Russian, Ukrainian, Belarusian? No. This is not true.

You are actually Russian, Ukrainian or Belarusian. But you think you are a Jew.

Game? Wrong word. The correct word is "imprinting".

A newborn associates himself with those facial features that he observes immediately after birth. This natural mechanism is characteristic of most living beings with vision.

Newborns in the USSR for the first few days saw their mother for a minimum of feeding time, and most of the time they saw the faces of the maternity hospital staff. By a strange coincidence, they were (and still are) mostly Jewish. Reception is wild in its essence and effectiveness.

All your childhood you wondered why you live surrounded by non-native people. Rare Jews on your path could do anything with you, because you were drawn to them, while others were repelled. Yes, even now they can.

You cannot fix this - imprinting is one-time and for life. It is difficult to understand, the instinct took shape when you were still very far from being able to formulate. From that moment, no words or details have been preserved. Only facial features remained in the depths of memory. Those traits that you consider your family.

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System and Observer

Let us define a system as an object whose existence is not in doubt.

An observer of a system is an object that is not a part of the system it observes, that is, it determines its existence, including through factors independent of the system.

From the point of view of the system, the observer is a source of chaos - both control actions and the consequences of observational measurements that do not have a causal relationship with the system.

An internal observer is a potentially achievable object for the system in relation to which the inversion of the observation and control channels is possible.

An external observer is even an object potentially unattainable for the system, located beyond the event horizon of the system (spatial and temporal).

Hypothesis #1. All-seeing eye

Let's assume that our universe is a system and it has an external observer. Then observational measurements can take place, for example, with the help of "gravitational radiation" penetrating the universe from all sides from the outside. The capture cross section of "gravitational radiation" is proportional to the mass of the object, and the projection of the "shadow" from this capture onto another object is perceived as an attractive force. It will be proportional to the product of the masses of objects and inversely proportional to the distance between them, which determines the density of the "shadow".

The capture of "gravitational radiation" by an object increases its randomness and is perceived by us as a passage of time. An object that is opaque to "gravitational radiation", the capture cross section of which is larger than the geometric size, looks like a black hole inside the universe.

Hypothesis #2. Internal Observer

It is possible that our universe is watching itself. For example, using pairs of quantum entangled particles spaced apart in space as standards. Then the space between them is saturated with the probability of the existence of the process that generated these particles, which reaches its maximum density at the intersection of the trajectories of these particles. The existence of these particles also means the absence of a sufficiently large capture cross section on the trajectories of objects capable of absorbing these particles. The remaining assumptions remain the same as for the first hypothesis, except:

Time flow

External observation of an object approaching the event horizon of a black hole, if the “outside observer” is the determining factor of time in the universe, will slow down exactly twice - the shadow from the black hole will block exactly half of the possible trajectories of “gravitational radiation”. If the determining factor is the “internal observer”, then the shadow will block the entire trajectory of interaction and the flow of time for an object falling into a black hole will completely stop for a view from the outside.

Also, the possibility of combining these hypotheses in one proportion or another is not excluded.

If the employer violates the established deadline, respectively, for the payment of wages, vacation pay, dismissal payments and (or) other payments due to the employee, the employer is obliged to pay them with the payment of interest (monetary compensation) in the amount of not less than one hundred and fiftieth of the key rate in force at that time the Central Bank of the Russian Federation from the amounts not paid on time for each day of delay starting from the next day after the due date of payment up to the day of actual settlement inclusive. In case of incomplete payment of wages and (or) other payments due to the employee on time, the amount of interest (monetary compensation) is calculated from the amounts actually not paid on time.

The amount of monetary compensation paid to an employee can be increased by a collective agreement, a local regulatory act or an employment contract. The obligation to pay the specified monetary compensation arises regardless of the fault of the employer.

Comments to Art. 236 of the Labor Code of the Russian Federation

1. In accordance with Art. 40 of the Federal Law of July 10, 2002 N 86-FZ "On the Central Bank of the Russian Federation (Bank of Russia)" refinancing means lending central bank RF credit organizations.

Forms, procedures and conditions for refinancing are established by the Central Bank of the Russian Federation.

2. In accordance with the decision of the Board of Directors of the Central Bank of the Russian Federation from December 1, 2008, the refinancing rate of the Central Bank of the Russian Federation is set at 13% per annum (instruction of the Central Bank of the Russian Federation of November 28, 2008 N 2135-U).

3. Liability, by virtue of the commented article, occurs for the delay not only in the payment of wages, but also in payment for vacation, payments upon dismissal and other payments due to the employee. The concept of "other payments due to the employee" is not disclosed in the commented article.

On the other hand, there are general principles the onset of responsibility, first of all, these include the principle of the presence of guilt. In the absence of fault, liability, as a rule, does not arise, except in cases established by law.

At the same time, the commented article, as a condition for the onset of the employer’s liability, establishes the non-existence or absence of Money, and violation of the payment term, regardless of the reason for such a violation. This means that even if the funding for the payment of certain amounts comes from the funds federal budget not in full, it should not affect the fact of the employer's liability.

4. See the judgment of the European Court of Human Rights of 17 June 2004 on the admissibility of application no. 73994/01 Leonid Ivanovich Kuznetsov v. the Russian Federation.

5. See also paragraph 55 of the Decree of the Plenum of the Supreme Court of the Russian Federation of March 17, 2004 N 2 "On the application by the courts of the Russian Federation of the Labor Code of the Russian Federation".

If you have not been paid wages, then you can go to court to protect your rights. Along with the recovery of wages, you can demand payment of interest for delayed wages in accordance with, as well as non-pecuniary damage. Moreover, in order to collect interest, the court must provide a calculation of these interests.

Instructions for filing a claim for unpaid wages

If you are not paid wages, and you work or have worked officially, then in order to get your honestly earned money, you have to go to court. We note right away that the limitation period for this category of cases is only 3 months from the day you learned or should have learned about the violation of your right. ()

What does a statute of limitations mean?

The essence of this concept is as follows: if you file a lawsuit with a missed deadline and the defendant asks to apply the consequences of missing the statute of limitations, the court will dismiss the claim (although in fact you were not really paid wages). Of course, you can hope that the defendant (your employer) will not come to court and write a review, but this is a huge risk and not a single lawyer will give you a guarantee of a positive court decision in this situation. That is why it is necessary to file a claim, preferably without missing the statute of limitations.

Counting down the statute of limitations

Let us explain a little that the date from which this period is considered is determined by law as follows: when he knew or should have known about the violation of his right. That is, if you receive wages on the 5th and 20th of each month and on the 5th you were not given the next wage, this will be the beginning of the limitation period (you learned that you were not given wages).

It should be noted that to protect your rights as an employee, you can apply and to the labor inspectorate, and even to the prosecutor's office, but unlike these structures only court decision can be enforced. Therefore, if the labor inspectorate has issued an order to the employer, which indicates the need to pay wages to such and such employees, then administrative liability arises for the employer for failure to comply with this order, but the employee in this case remains unprotected. Moreover, the appeal to the labor inspectorate does not extend the statute of limitations.

For example, you were not given your salary on June 5 - you turned to the labor inspectorate. After 2 months, they learned that an order had been issued against your employer indicating the need to pay you a salary, but the employer did not pay and after another 1 month did not pay. As a result, when a person is going to go to court (since the employer does not pay wages), the statute of limitations has already expired.

Which court to apply to?

Currently, labor disputes are under the jurisdiction of district courts. Moreover, the claim is filed at the location of the defendant (that is, the employer). From this rule there is one exception: an application for issuing a court order is submitted to the justice of the peace (also at the location of the defendant) if the salary has already been accrued, that is, you have a payslip that indicates the amount of your salary for this month, but you did not receive it.

Documents for filing a claim for non-payment of wages

Statement of claim;
Labor contract;
Employment history;
Calculation of collected wages;
Interest calculation;
Other documents (for example, confirming legal services, pay slips, etc.).

We add that the number of statements of claim should correspond to the number of persons participating in the case. For example, if we have 1 plaintiff and 1 defendant, then we make 3 copies: 1 for the court, the second for the defendant, and optionally 1 for ourselves. If the defendant has documents that you attach to the claim, then for the defendant you can not make copies of these documents, but simply write that the defendant has these documents.

The list of documents that are attached to the claim is established

Filing a claim for unpaid wages in court

When the statement of claim is ready and all the documents are collected, you can apply to the court. The claim can be sue directly(at the same time, you will be marked with acceptance of the claim on your copy of the claim) or you can send by registered mail with a description of attachments. After that, you will only have to wait for the court to notify you of the date of the trial.