What are the consequences of delaying payment of wages? New salary payment deadlines, employer delays, salary commissions

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 labor Relations- 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 wages regardless of whether the employer is guilty 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.

The following formula is used to calculate compensation:

(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 a collective or labor agreement 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.

Current legislature Russian Federation clearly answers the question “How long can wages be delayed by law?” According to the Labor Code of the Russian Federation, a delay in payment of wages is not permissible even for 1 day! Article 136 of the Labor Code establishes the frequency of remuneration - 2 times a month. Payments must be made every two weeks, for example:

20th - payment for the first half of the month;
10th – final payment for the month.

You cannot pay wages once a month. This violates the provisions of the Labor Code. When checking compliance labor rights personnel, the labor inspectorate may impose a fine on the management of the company, as well as on the institution as a whole. It is possible to restrict the activities of the enterprise.

The institution needs to establish specific terms for remuneration and fix them in a collective agreement, service contract, and labor regulations. In the process of registering personnel for work in mandatory It is required to familiarize yourself with the dates of salary payment. Depending on the period for which the delay in payments occurred, management is responsible for:

administrative;
material;
criminal.

Administrative liability arises on the basis of Article 5.27 of the Code of Administrative Offenses in case of delay in payment of labor, as well as in violation of the labor rights of personnel, and is accompanied by the imposition of a fine in the amount of:

From 1 thousand rubles. up to 5 thousand rubles for individual entrepreneurs and the management of the institution. For individual entrepreneurs, activity may be limited to three months.
From 30 thousand rubles. up to 50 thousand rubles. on a legal entity or limiting the functioning of the institution to three months. In case of repeated violation, officials may be suspended from their positions for up to three years.

If wages have not been paid for two months (in case of complete non-payment) or more than 3 months (in case of partial non-payment), the management is subject to Article 145.1 of the Criminal Code of the Russian Federation - criminal liability.

Types of punishment:

a fine of 100 thousand rubles. up to 500 thousand rubles. or corresponding to the amount of wages or other income of the guilty person for the last three years;
restriction of freedom for a period of up to three years with the imposition of a ban on holding specific positions for a similar period. In this case, it must be established that the official has a personal benefit in delaying the payment of wages.

In the event of a repeated offense, based on a court decision, the guilty person may be disqualified from his position, and the employment contract with him may be terminated. Force majeure circumstances may arise that result in non-payment of wages.

In this case, the employer is obliged to pay compensation to the staff for each day of delay. The amount of compensation corresponds to 1/300 of the Central Bank refinancing rate.

Additionally, administrative or criminal liability may be imposed. It is necessary to know the rights of employees in case of delay in payment of wages. If the delay is more than 15 days, the staff has the right to stop working, while notifying the management of the institution in writing. The employee has the right not to be present at the workplace until the debt is fully repaid. In this case, in accordance with Article 157 of the Labor Code, the employee is entitled to compensation for forced downtime. The amount of compensation is set at 2/3 of average monthly earnings.

There are organizations where, in accordance with current legislation, it is prohibited to be absent from your workplace:

institutions related to the Armed Forces of the Russian Federation and other military formations ensuring the defense and security of Russia;
organizations providing emergency rescue, fire fighting, emergency and natural disaster prevention work;
in law enforcement agencies;
in executive authorities and so on;
also when a state of emergency or martial law is introduced, other special measures.

When receiving an official notice of the employer’s readiness to pay off wage arrears, staff are obliged to take their stand. workplace no later than the next working day. If wages are not paid within a period of more than 15 days, the employee may submit a corresponding application:

to the labor inspectorate;
to the prosecutor's office;
to court.

The statement of claim must be submitted to the court no later than 3 months from the date of violation of the payment deadline. Otherwise, the court may refuse to consider the case.

Before submitting an application to the above authorities, it is recommended to send a written request to the employer demanding an explanation of the reasons for the formation of the debt and the timing of its repayment.

Employer long time, citing various circumstances, for example, their contractors who refuse to pay. The company administration promises that everything will work out and we need to wait a little longer. Is it possible to somehow influence the employer and should the employee in this case go to work if he does not receive money for his work?

In such cases, the employee can suspend work and not go to work until the delayed salary is paid. There is a separate article about this on this site here. This right is provided for in Article 142 of the Labor Code of the Russian Federation. Let us briefly remind you again. You can use this right if wages have not been paid for more than 15 days, starting from the date of payment of wages, usually established by internal labor regulations. Before not going to work, you must notify your employer about this in writing. Notification can be submitted either individually or from a group of employees if the delay in wages is widespread. Moreover, work can be suspended regardless of the employer’s fault. During the period of suspension of work duties, the employee retains his average earnings.

However, there are exceptions to this rule. You cannot pause work:

during periods of martial law and a state of emergency;
in military bodies and organizations in charge of ensuring the defense of the country and state security, emergency rescue, search and rescue, fire fighting, work to prevent or eliminate natural disasters and emergency situations, in law enforcement agencies;
civil servants; in organizations serving special dangerous species production, equipment;
employees whose responsibilities include performing work 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).

In the listed cases, employees can apply for protection of rights to the labor dispute commission, the court or the state supervisory authorities and control over compliance with labor legislation (definition of the Constitutional Court of the Russian Federation dated October 19, 2010 No. 1304-О-О).

Employees are required to return to work no later than the next working day after receiving written notification from the employer of their readiness to pay the delayed salary in full on the day they return to work (Article 142 of the Labor Code of the Russian Federation). If an employee went to work, but was not paid his salary or was paid only partially, he does not have to start work. And vice versa, if the employee is not at work without good reasons, he could be fired for absenteeism.

There are cases when the employer accrues, but does not pay wages for several months. The employee files a claim in court with. In court, the employer declares: In such cases, the court will be on the side of the employee, since the court recognizes the violation as ongoing and will refuse to apply the statute of limitations. By general rule You must go to court within three months from the day the employee learned or should have learned about the violation of his right. This period applies to all individual labor disputes, except for disputes about dismissal, for which the statute of limitations is one month.

However, in some cases the violation may be considered ongoing. To do this, several conditions must occur at once:

wages accrued but not paid;
the employment relationship has not been terminated.

In the presence of such circumstances, the employer’s statement about missing the deadline for going to court cannot in itself serve as a basis for refusing to satisfy the claim, since the employer’s obligation to timely pay wages remains throughout the entire period of validity employment contract. Such an explanation of the application of labor legislation is given in paragraph 56 of the resolution of the Plenum of the Armed Forces of the Russian Federation dated March 17, 2004 No. 2.

If at least one of the above conditions is absent, the violation will not last and the deadline for going to court will be missed. But the court, if there are good reasons for missing the deadline, can restore it. Such reasons may include circumstances that prevented to this employee timely apply to the court for resolution of the dispute. For example, illness, being on a business trip, the inability to go to court due to force majeure, the need to care for seriously ill family members, etc.

Another common situation is when the court makes a decision to collect wages, but the employer still does not want to pay it. In this case, the employee has the right to file an application to declare the employer bankrupt, even though the employee has already resigned from the company (Article 7 of the Federal Law of October 26, 2002 No. 127-FZ. But to go to court, several conditions must be met at once:

The court decision to collect wages entered into legal force:
the amount of debt for severance pay or wages is at least 300 thousand rubles,
the period of delay exceeds three months.

Moreover, if the amount of debt is below 300 thousand rubles, the employee can combine his claims with other employees and go to court with one application to declare the employer bankrupt.

Creditors' demands for payment of arrears of wages are satisfied proportionally in the second place (Clause 2 of Article 134 of Law No. 127-FZ). At first - no more than 30 thousand rubles. for each month per employee. Then the remaining requirements. If the court initiated bankruptcy proceedings at the request of the employees, and the debtor does not have enough property to pay legal and other mandatory expenses, they will not need to reimburse them, since you are exempt from this obligation.

They can be brought to administrative and criminal liability only if there is guilt. If wages are delayed, the employer may be punished under Article 5.27 of the Code of Administrative Offenses of the Russian Federation in the form of a warning or a fine. For a repeated violation, he may be disqualified for a period of one to three years. Moreover, this must be done no later than one year from the date of the violation. An employer will be held criminally liable only if the company has money, but it is not paid out of selfish or other personal interest of the manager. In this case, for partial or complete non-payment of wages, the employer may be punished with a fine, deprivation of the right to hold certain positions or carry out certain activities, forced labor or imprisonment.

If an employee wants to resolve a dispute without going to court, he needs to contact the labor inspectorate. The inspection will help to understand the situation and conduct an inspection of the employer. In the application, you can ask not to disclose information about the applicant, while maintaining the secrecy of the appeal, and the inspectors will not tell them who complained to them about the employer. The complaint must indicate the full name of the labor inspectorate to which the appeal is received and its address, company details and full details of the person filing the complaint. You also need to briefly and clearly describe the situation, attach a copy of the employment contract and evidence of non-payment of wages. The application can be submitted in person, by mail or online. The complaint is considered within 30 days, but exceptional cases the review period may be extended. A complaint to the labor inspectorate rarely goes without consequences.

If inspectors establish that wages are being delayed, the employer will be issued an order to pay money and interest for the delay.

You also need to contact the prosecutor's office. The labor inspectorate can independently transfer materials there for inspection, but an employee’s complaint will also not be superfluous. As a result of the inspection, the employer may also be held liable.

Any working person must receive a salary within a certain period and full size. 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 gives full review what kind of punishment is provided for management if payments are constantly delayed.

The employer's liability for delayed payment of wages in 2019 is manifested in the following types:

Disciplinary punishment (Article 192 of the Civil Code of the Russian Federation) can be incurred by both the employer himself and his official representatives who failed to pay wages and violated other rules on remuneration.
material punishment (Articles 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 salary.
Administrative punishment (Article 5.27 of the Code of Administrative Offenses of the Russian Federation) occurs only if the guilt of the manager or his representative is proven.
criminal punishment: if the mercenary motives of officials are proven, arrest for up to two years may follow.

Disciplinary responsibility

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

To carry out an inspection, a representative of the interests of employees (this may be a trade union) submits a corresponding application to the employer, which indicates violations on the part of management. The employer is given 1 week to review this document (Article 370 of the Labor Code of the Russian Federation). Next, he takes measures to eliminate violations, selects 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 imposed on the manager for the delay in paying wages to employees. Employees have every right to demand payment from the employer, as well as receive interest for late payment and compensation for moral damage incurred. In this case, the fact for what reason there was a failure in issuing pay does not play any role. Find out more about the rights of employees in case of delay in payment of wages.

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

Compensation

Additionally

Remedies for late payment of wages:

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

Since October 2016, the calculation procedure has changed. Interest is accrued in accordance with the key rate of 1/150 (Article 2 No. 272-FZ of July 3, 2016). For example, a fixed salary payment date in a company is the 10th of every month. The employee’s payment for January (50,000 rubles) was made on 02/20/2017. For 10 days (from 02/10/2017 to 02/20/2017 inclusive), taking into account the rate of the Central Bank of the Russian Federation (10%), compensation in the amount of 333 rubles was accrued.

Previously, this rate was 1/300. Thus, minimum size The amount for compensation has been doubled by the Law. At the request of the employer, the amount of compensation can be increased and must be specified in labor agreement or a local regulatory act (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. Compensation is paid at the same time as the delayed salary amount.

Suspension of official duties

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

When management begins making payments, that employee is notified by notice in writing. After receiving it, he must go to his workplace. If he did not do this, this act is regarded as truancy.

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

It is worth noting: regarding the suspension labor activity there are some nuances. Such self-defense actions are legal only in case of delay in payment of wages. If the employee was not paid vacation pay, and he decided not to go to work after the vacation until it was paid, 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 people’s livelihoods (electricians, doctors, etc.) or who work in particularly hazardous industries and equipment;
when a state of emergency is declared.

Administrative responsibility

Punishment can only occur if the manager is guilty of delaying payment deadlines.

The employer is responsible for delays in wages the following consequences(Article 5.27 of the Code of Administrative Offenses of the Russian Federation):

manager and individual entrepreneur: warning or 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), ban on holding a position for no more than 3 years.
fine for the institution: 30,000-50,000 rubles. In case of a repeated incident, a penalty of up to 70,000 rubles is imposed (Part 4 of Article 5.27 of the Code of Administrative Offenses of the Russian Federation).

Day off

If the salary payment deadline falls on a weekend or non-working holiday, it is issued before this day (Article 136 of the Labor Code of the Russian Federation). For example, wages must be paid on the 8th of each month. Then cash for February 2017 is paid to employees on Tuesday, 03/07/2017, 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.

Involvement is possible only through the court. Administrative proceedings are initiated and a corresponding protocol is drawn up. If a delay in the payment of wages is detected, the state labor inspectorate issues an order to repay it within a month. Not only working, but also dismissed employees should receive wages.

Inspectors monitor the remuneration process and enter employers who have violated the Labor Code into a special register. This data is submitted to the prosecutor's office.

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

Criminal liability

This type of liability for delay in payment of wages occurs when self-interest or monetary motives are proven and is punishable the following measures(Article 145.1 of the Criminal Code of the Russian Federation):

recovery of up to 500,000 rubles;
a fine commensurate with salary or other sources of profit for the last 3 years;
prohibition on holding a certain position for no more than 5 years;
forced labor 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 a payment of less than half of the due amount. Criminal liability occurs in case of partial non-payment for more than 3 months and the employer’s selfish goals. Complete non-payment means non-payment of all earnings for 2 months or for the same period payment of wages below the minimum wage. If the employer's malicious intent is proven, he will face a more severe punishment than in the case of partial non-payment.

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

Delays in employee salaries have significant consequences for the employer and the institution. You should be very careful about meeting payment deadlines, otherwise problems cannot be avoided.

Have questions about employer liability? Ask them in the comments to the article