What if wages are delayed? New salary payment deadlines, employer delays, salary commissions

Greetings, friends! My article today will be about delay wages and possible actions of the employee if such circumstances arise. Several times in my legal practice, similar cases arose, and we began to deal with the client by contacting the employer.

The next step was an application to the labor inspectorate and the prosecutor's office. To obtain full compensation, a claim had to be filed with a judicial authority.

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

According to the labor code in 2019, salary delays are not provided for and are a serious violation on the part of the employer. There are certain regulations according to which earnings must be paid twice a month.

Specific days for issuing earnings are established by internal regulations of the company. An advance is paid in the middle of the month, and the rest of the funds is paid at the end.

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

Despite the strict prohibition that does not allow employers to delay payment of wages, there is a short period of time that will allow the issue to be resolved with the employer without any special consequences.

Payment must be made within 15 days, otherwise the employee will have the right not to work workplace. A person will also be able to file a complaint with the relevant departments.

What should employees do if their earnings are delayed?

It is important to decide what to do when salaries are not paid for a long time. In addition to the right to stop working after 15 days of delay, citizens have the opportunity to file a complaint with the relevant organizations. However, you need to start by contacting the employer.

To do this, you will need to act in accordance with the procedure outlined in the Labor Code of the Russian Federation:

1. Submit a notice addressed to the employer stating that due to a delay of 15 days the employee will no longer return to work.
2. The document is drawn up in any form in two copies.
3. One form is given to the employer, and the other is marked as accepted and returned to the employee.

This procedure is very simple and does not require much time, but it is necessary to complete all the steps, because otherwise, the employee will be given absenteeism and the days will not be paid.

It is also important to note the fact that such a document may later become evidence of a violation on the part of the employer when the employee applies to the court.

You can go to the workplace only after receiving written notification from management that the company is preparing to pay off wage debts. More detailed information on the topic can be found in the video:

Other solutions to the problem for workers

Even one day of missed payment of wages is considered late, but it also happens that management is not to blame for this, and payments are made within a week. Usually, to resolve the problem, it is enough to contact management and talk about this issue.

If the delay period exceeds two months, then the employee can submit an application to the supervisory agencies responsible for compliance with labor standards. Such organizations include:

• Labour Inspectorate;
• prosecutor's office;
• Judicial authority.

The application is drawn up in standard form and in it, the employee explains the reasons for his appeal. Some additional papers can be attached to the document that can confirm the applicant’s words.

Usually, an appeal occurs in court, since, at the same time, citizens file a claim to recover interest for the delay and moral compensation. If the delay is more than three months, the company's management may be subject to criminal liability.

Features and nuances of filing such complaints

There are some points that need to be taken into account when contacting any of these departments. Applications must be submitted to in writing and register in in the prescribed manner. An important point is that it is necessary to apply at the place of registration of the affected person.

Typically, collective complaints are considered much faster and more thoroughly than individual complaints. Experts advise employees who have not received their salaries to take care of the evidence base in advance.

The more carefully the application is drawn up, the higher the likelihood of a decision being made in favor of the applicant. Various official documents and witness statements are suitable as evidence.

Additionally, it is worth saying that not all employees can refuse to perform their duties after fifteen days. Employees of public service enterprises, rescuers, workers of water, electricity, and gas supply systems cannot stop their work and should go straight to court.

Instead of results

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

New edition of Art. 142 Labor Code of the Russian Federation

The employer and (or) the employer's representatives authorized by him in the established manner, who have delayed the payment of wages to employees and other violations of wages, are liable in accordance with this Code and other federal laws.

If payment of wages is delayed for more than 15 days, the employee has the right, by notifying the employer in writing, to suspend work for the entire period until the delayed amount is paid. Suspension of work is not allowed:

during periods of martial law, a state of emergency or special measures in accordance with the legislation on a state of emergency;

in bodies and organizations of the Armed Forces Russian Federation, other military, paramilitary and other formations and organizations in charge of ensuring the country's defense and state security, emergency rescue, search and rescue, fire-fighting work, work to prevent or eliminate natural disasters and emergency situations, in law enforcement agencies;

in organizations directly serving special dangerous species production, equipment;

employees whose job responsibilities include performing work directly related to ensuring the life of the population (energy supply, heating and heat supply, water supply, gas supply, communications, ambulance and emergency medical care stations).

During the period of suspension of work, the employee has the right to work time be absent from work.

During the period of suspension of work, the employee retains his average earnings.

An employee who was absent from the workplace during his working hours during the period of suspension of work is obliged to return to work no later than the next working day after receiving written notification from the employer of his readiness to pay the delayed wages on the day the employee returns to work.

Commentary on Article 142 of the Labor Code of the Russian Federation

If payment of wages is delayed for more than 15 days, the employee has the right, by notifying the employer in writing, to suspend work for the entire period until the delayed amount is paid. This is what it says in paragraph 2 of Article 142 Labor Code RF. During the period of suspension of work, the employee has the right to be absent from the workplace during his working hours.

Article 142 of the Labor Code of the Russian Federation also contains a list of work that cannot be suspended.

Another comment on Art. 142 Labor Code of the Russian Federation

1. B Lately A significant number of measures are taken to ensure timely payment of wages. This is due, first of all, to the fact that violation of deadlines for payment of wages, which has become widespread, has become one of the most serious socio-economic problems. Delayed payment of wages not only violates constitutional law citizens for remuneration for their work, but also deprives them of their main, and possibly only, source of livelihood.

2. In accordance with Art. 142 of the Labor Code of the Russian Federation, delay in payment of wages entails liability in accordance with the Labor Code of the Russian Federation and other federal laws.

In accordance with the Labor Code, it is possible to bring the person responsible for the delay in payment of wages to disciplinary and financial liability. For disciplinary liability, see Art. Art. 191 - 195 of the Labor Code of the Russian Federation and commentary thereto; for financial liability, see Art. Art. 232 - 237 and commentary thereto.

Other federal laws provide for administrative and criminal liability.

3. The Code of the Russian Federation on Administrative Offenses does not contain an article specifically devoted to liability for late payment of wages. However, this violation is a violation of labor legislation, and therefore the guilty person can be held accountable on the basis of Art. 5.27 (violation of labor and labor protection legislation). Violation of labor legislation entails penalties officials or for entrepreneurs without the formation of a legal entity an administrative fine in the amount of 5 to 50 times the minimum wage, and if this person was previously subject to administrative punishment for a similar administrative offense - disqualification for a period of one to three years; for persons carrying out entrepreneurial activities without forming a legal entity, administrative suspension of activities for up to 90 days is also possible as an administrative penalty; a legal entity may be fined in the amount of 300 to 500 times the minimum wage, and its activities may be suspended for up to 90 days.

4. Criminal liability for non-payment of wages is provided for in Art. 145.1 CC. In accordance with it, non-payment of wages for more than two months, committed by the head of an organization of any form of ownership out of selfish or other personal interest, is punishable by a fine of up to 80 thousand rubles. or in the amount of wages or other income of the convicted person for a period of up to six months, or by deprivation of the right to hold certain positions or engage in certain activities for a term of up to five years, or by imprisonment for a term of up to two years; the same act that entails grave consequences is punishable by a fine in the amount of 100 thousand to 300 thousand rubles. or in the amount of wages or other income of the convicted person for a period of one to two years, or by imprisonment for a term of three to seven years with or without deprivation of the right to hold certain positions or engage in certain activities for a period of up to three years.

5. The subject of liability for delayed payment of wages is the employer and (or) representatives of the employer authorized by him in the prescribed manner. Such representatives are the head of the organization and (or) another person who, in accordance with the labor duties established by the employment contract, must ensure timely payment of wages.

6. Article 142 provides for liability not only for delayed payment of wages, but also for other violations of wages. Such violations may include:

- payment of wages is not in full;

- lower wages minimum size wages;

— setting wages in an amount lower than that established by labor legislation, collective agreements, agreements, local regulations;

— payment of wages in non-monetary form in the amount of more than 20% of total amount;

— payment of wages in the form of items for which prohibitions or restrictions on their free circulation have been established;

— discrimination in setting and changing wages;

— payment of wages not in the place specified by the collective agreement or employment contract;

— deduction of excess amounts or unjustified deduction from an employee’s salary;

— violation of the procedure for calculating average wages, etc.

In these cases, disciplinary, material, administrative (in connection with violation of labor legislation) liability may be established.

7. Article 142 introduces a fundamentally new measure of self-protection for workers in Russian labor legislation - the right to suspend work in case of delay in payment of wages. This right arises for the employee if the payment of wages is delayed for more than 15 days, i.e. starting from the 16th day of delay. The employee must notify the employer in writing of the suspension of work. Such notice must be given in advance, i.e. before the suspension of work begins.

Suspension of work in the event of delay in payment of wages does not constitute a strike and does not require compliance with the relevant preliminary procedures.

8. Since the inability to perform work duties in this case is not related to the employee’s fault, this period should be paid as idle time not due to the employee’s fault and depending on whether the employer is at fault for the late payment of wages - in accordance with Art. 157 of the Labor Code of the Russian Federation in the amount of two-thirds of the average earnings (Part 1 of Article 157 of the Labor Code of the Russian Federation) or two-thirds of the tariff rate or salary (Part 2 of Article 157 of the Labor Code of the Russian Federation).

Payment may be provided for in a collective agreement. In this case, the collective agreement should provide not only the amount, but also other payment conditions.

9. In accordance with Art. 236 of the Labor Code of the Russian Federation, if the employer violates the terms of payment of wages, he 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 in force at that time for amounts not paid on time for each day of delay. This obligation is considered as a case of the employer’s financial liability, but it occurs regardless of the employer’s fault. For more information about this, see Art. 236 of the Labor Code of the Russian Federation and commentary to it.

10. Persons directly involved in work that ensures the vital interests of the state and society do not have the right to suspend work. It should be borne in mind that in the previous version of Art. 142 we were talking about organizations that ensure the livelihoods of the population, but now we are talking only about those workers whose job responsibilities include performing the relevant work. They are listed in Part 2 of Art. 142.

In addition, the law prohibits all employees from suspending work during a period of martial law or a state of emergency, as well as during the introduction of special measures in accordance with the legislation on a state of emergency. For these measures, see Federal Constitutional Law No. 3-FKZ of May 30, 2001 (as amended on March 7, 2005) “On the State of Emergency.”

11. In the new version of Art. 142 provides for the right of an employee to be absent from his workplace during the period of suspension of work. A similar possibility was provided for earlier on the basis of paragraph. 2 paragraph 57 of the Plenum Resolution Supreme Court RF dated March 17, 2004 No. 2, but now such an employee’s right is directly enshrined in law.

12. Part 4 of Art. is also a novella. 142, which determines that the employee is obliged to stop the suspension of work and begin work no later than next day after receiving written notification from the employer of readiness to pay the delayed wages. If an employee who has received such a notice does not come to work, his actions should be considered absenteeism.

• ‹ Article 141 of the Labor Code of the Russian Federation. Issuance of wages not received by the day of the employee’s death
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• Article 143 of the Labor Code of the Russian Federation. Tariff systems of remuneration ›

Read also: How to properly arrange vacation for an employee

Delay of wages

Article 136 of the Labor Code of the Russian Federation obliges the employer to pay wages to its employees at least once every half month. In this case, the day of payment of monetary allowance is determined by the internal regulations of the organization: a collective or labor agreement.

Not all managers respect, much less abide by, the letter of the law—almost every second of them delays salary payments. Are there any levers of influence on an unscrupulous employer and how to use them correctly - two questions that primarily concern those who fail to receive their honestly earned money on time.

Actions of an employee in case of delay in payment of wages

An employee who does not wait for the payment of wages within the period established by the collective or labor agreement has every right to begin defending his interests the very next day.

Contacting the labor inspectorate at the location of the enterprise. This is the first step that must be taken in order to stop the employer’s illegal actions and speed up the payment of wages.

The application to the inspectorate is drawn up in free form, but it must indicate specific violations of the employee’s rights. IN in this case this is the fact of delay in payment of monetary allowance, the number of days of delay and the amount due.

If the situation does not change within 15 days after the salary was due to be paid, the employee has the right to suspend his work until the violation of his rights is eliminated, that is, until he actually receives his salary. It is important not to forget to warn the manager about this in writing, referring to the provisions of Article 142 of the Labor Code of the Russian Federation.

An essential point: the right to suspend work does not exist for civil servants, as well as for workers servicing hazardous types of equipment or production, or those whose work activities are directly related to ensuring people’s livelihoods: employees of ambulance stations, power plants, water supply enterprises, and so on.

Simultaneously with the suspension of work, it is worth filing a claim in court to recover from the employer not only the amount of arrears of wages, but also compensation for the delay in payment.

Before filing a claim, you should find out whether the salary has been accrued, since if there is no dispute about the existence of a debt, as well as about the amount to be paid, there is no need for court hearings - a writ of execution can be issued almost immediately after the application.

For those who have not been able to receive their salary within three months, it makes sense to contact the prosecutor’s office or the police - in this case, the employer’s actions fall under Article 145.1 of the Criminal Code or, what is less serious, but also unpleasant, Article 5.27 of the Administrative Code.

Compensation for delayed payment of wages

Protecting the rights of workers, the Labor Code of the Russian Federation in Art. 236 obliges the employer, for untimely provision of monetary benefits to its employees, to pay compensation in their favor. Its size is clearly defined by the same rule of law. for each day of delay, starting from the day following the day when payment should have been made, an amount not lower than 1/300 of the refinancing rate established by the Central Bank at the time of calculation of compensation is due.

Example: the salary amount is 10,000 rubles, the delay period is 14 days, the refinancing rate in 2013 is 8.25%. 1/300 of 8.25 = 0.0275. The amount to be paid is calculated using the following formula: 0.0275% of 10,000 rubles = 2.75 – compensation for one day of delay. 2.75 x 14 (days) = 38.5 rubles. Thus, 10,038 rubles 50 kopecks are subject to payment.

Attention: Financial liability accrues to the employer regardless of the presence or absence of his guilt in delaying wages to employees. According to the provision set out in paragraph 55 of the Resolution of the Plenum of the Supreme Court No. 2 of March 17, 2004, the accrual of interest for late payment of wages does not deprive employees of the right to index the amount of debt due to depreciation of the debt due to inflation.

My husband ******** *.*. worked in the company LLC ****** Rostov region, dismissed on February 26, 2014. still have not received back wages. They refuse to issue a salary certificate, we cannot go to court

Hello! ANO **** "*********" represented by general director********** *. *. delays payment of wages, citing large debts. No reporting or comments on financial matters the team is not given. Is it possible to conduct an inspection at this enterprise and oblige management to pay back wages in full to the entire team?

Hello! ************ ******** Volgograd regularly delays wages and violates workers' rights. Working on weekends is not always paid, but you are forced to work on days off. There is no explanation for the delay in wages. Workers on business trips are forced to wait weeks for travel money, although people in the north work and risk their lives.

part (10%) of the salary is given in gift cards. Moreover, another organization **** product. There is not a word about this in the Employment Agreement.

We haven’t received a salary for three months, one founder didn’t pay for December, another left for February and March too, now the new founder, they said we are not responsible for old debts, please tell me where and who to contact

Good afternoon
Quit his job due to at will 06/03/2015 To this day (07/01/2015) there is no payment of severance pay and the organization *** "*******************" has been delaying the payment of wages for 3 months (April, May June).
Organization address: ******, city ******, ********* lane, building *, building *.
How to achieve payment of all funds and, preferably, compensation for delays in payments?!

What do YOU ​​think about this?

Suspension of work due to non-payment of wages

Article 142 of the Labor Code provides employees with the right in case of delay in payment of their wages for a period of more than 15 calendar days suspend work (do not go to work) for the entire period until the delayed amount is released. Moreover, the provisions of this article do not contain any indication of the possibility of refusing to work only in the case where the salary is delayed in full for a period of more than 15 calendar days. Even if the delay is partial, the employee has the right to suspend work.

Suspension of work due to non-payment of wages is nothing more than a form of self-defense of one’s own labor rights(Article 379 of the Labor Code of the Russian Federation). As the Supreme Court of the Russian Federation explains, an employee has the right to suspend work, regardless of whether the employer is directly at fault (for example, selfish intent) or not (the company’s bank license was taken away, but there are no other accounts) (clause 57 of the Plenum post. RF Armed Forces No. 2 dated March 17, 2004).

According to established judicial practice, for the entire period of delay in payment of wages, including the period of suspension of work, the employee has the right to maintain average earnings. Plus, he is due interest for delayed wages in the amount of not less than 1/300 of the refinancing rate of the Central Bank of the Russian Federation in force at that time on amounts not paid on time for each day of delay, starting from the next day after deadline payments up to and including the day of actual settlement (Article 236 of the Labor Code of the Russian Federation; letter of the Ministry of Labor of Russia dated December 25, 2013 No. 14-2-337; determinations of the Supreme Court of the Russian Federation dated April 1, 2011 No. 5-B11-15, dated September 3, 2010 No. 19-B10- 10; Review of legislation and judicial practice RF Armed Forces for the IV quarter of 2009 approved. fast. Presidium of the RF Armed Forces dated March 10, 2010).

In addition, amendments to the Labor Code came into force in 2016. which secure the employee’s right to receive an average salary during work suspension due to non-payment of income due (Article 142 of the Labor Code of the Russian Federation as amended by Federal Law No. 434-FZ of December 30, 2015).

The reason for the changes, according to the author, lies in the fact that the right of employees to refuse to perform work is a forced measure provided by law for the purpose of stimulating the employer to provide the payment specified in the employment contract within the established time frame. This right requires the employer to eliminate the violation and pay the delayed amount.

Since the lack of payment for labor is an illegal action (inaction) of the employer, it is he who must bear responsibility to the employee financial liability in the amount of the latter’s full average earnings (Article 234 of the Labor Code of the Russian Federation). The risk of organizing production lies with the company, due to which it is obliged to pay the labor of its personnel, regardless of financial results of its activities. Consequently, if employees suspend work due to illegal deprivation of their opportunity to work, the company is obliged to pay for such suspension as the time of forced absence.

After the publication of the above-mentioned rulings of the Supreme Court of the Russian Federation (rulings of the Supreme Court of the Russian Federation dated April 1, 2011 No. 5-B11-15, dated September 3, 2010 No. 19-B10-10), the lower courts also developed a uniform, stable practice in cases of this type (definitions Chelyabinsk Regional Court dated February 26, 2015 in case No. 11-1996/2015, Krasnoyarsk Regional Court dated January 14, 2015 in case No. 33-48, B-13, Rostov Regional Court dated September 1, 2014 in case No. 33-11822/2014, dated 06/06/2013 in case No. 33-6941, Supreme Court Udmurt Republic dated November 18, 2013 in case No. 33-4144, Moscow City Court dated February 12, 2013 in case No. 11-4669/2013, Khabarovsk Regional Court dated October 19, 2012 in case No. 33-6468).

Thus, for the entire period of delay in payment of wages, including the period of suspension of work, the company is obliged to pay employees average earnings and compensation in the form of interest due for the delay.

Accounting for payments during the period of suspension of work

Expenses for the payment of average earnings during the forced suspension of work are taken into account by the company when calculating the income tax base as ordinary labor costs (clause 6.14 of article 255 of the Tax Code of the Russian Federation) in the month of accrual of the specified amounts (clause 4 of article 272 of the Tax Code RF).

Read also: Dismissal to care for a disabled child

As for the interest due for delayed wages, according to official explanations of the Ministry of Finance of Russia, such amounts are not taken into account in non-operating expenses (subclause 13, clause 1, article 265 of the Tax Code of the Russian Federation) (since this payment arises from labor, and not from civil law relations ), nor in labor costs (Article 255 of the Tax Code of the Russian Federation) (since this payment is not related to the working hours or working conditions, as well as the maintenance of employees) (letter of the Ministry of Finance of Russia dated October 31, 2011 No. 03-03-06/2/ 164, dated 09.12.2009 No. 03-03-06/2/232. dated 17.04.2008 No. 03-03-05/38). However, the judges do not agree with the financial department and recognize the right of companies to take such expenses into account when calculating the income tax base as part of either non-operating expenses or labor costs (regulatory Federal Antimonopoly Service of August 30, 2010 in case No. A55-35672/2009, dated 06/08/2007 No. A49-6366/2006, FAS VVO dated 08/11/2008 No. A29-5775/2007, FAS UO dated 04/14/2008 No. Ф09-2239/08-С3, FAS MO dated 03/11/2009 No. KA-A40/ 1267-09).

In addition, in expenses associated with production and sales (subclause 1.45 clause 1 article 264 of the Tax Code of the Russian Federation), insurance premiums withheld from the amount average wages paid during forced downtime (reg. FAS ZSO dated December 20, 2013 No. F04-8139/13, dated March 5, 2013 in case No. A67-4468/2012).

But insurance premiums are not charged on the amount of interest due for late wages. Thus, the Presidium of the Supreme Arbitration Court of the Russian Federation explained (post. of the Presidium of the Supreme Arbitration Court of the Russian Federation dated December 10, 2013 No. 11031/13) that these amounts are subject to Law No. 212-FZ (subclause “and” clause 2, part 1, article 9 of the Federal Law dated July 24, 2009 No. 212-FZ) and on this basis are not subject to inclusion in the base for calculating insurance premiums.

As for personal income tax, the amounts of average earnings we are considering are subject to this tax in general procedure at a rate of 13 percent (clause 1 of Article 210. Article 217. 224 of the Tax Code of the Russian Federation; letters of the Ministry of Finance of Russia dated 04/13/2012 No. 03-04-05/3-502, dated 04/05/2010 No. 03-04-05/10 -171). In this case, the tax is accrued on the date of actual receipt of income, which is the day of transfer of funds to the employee’s bank account (clause 3 of article 226. subclause 1 of clause 1 of article 223 of the Tax Code of the Russian Federation; letter of the Ministry of Finance of Russia dated June 28, 2013 No. 03 -04-05/24633).

Amounts of monetary compensation paid for late payment of wages (Article 236 of the Labor Code of the Russian Federation) are not subject to personal income tax (clause 3 of Article 217 of the Tax Code of the Russian Federation; letter of the Ministry of Finance of Russia dated January 23, 2013 No. 03-04-05/4-54, dated 04/18/2012 No. 03-04-05/9-526. Federal Tax Service of Russia dated 06/04/2013 No. ED-4-3/10209).

In order to accounting expenses in the form of average earnings and insurance premiums are taken into account on the date of their accrual as part of expenses for ordinary activities by cost elements (“labor costs” and “social contributions”, respectively) (clause 5, paragraphs 3, 4 clause 8, clauses 16, 18 PBU 10/99 “Expenses of the organization”, approved by order of the Ministry of Finance of Russia dated 05/06/1999 No. 33n (hereinafter referred to as PBU 10/99)).

Interest for delayed wages, which is nothing more than the financial responsibility of the employer, is included in other expenses on the date of accrual of compensation (clauses 4, 11, 16, 18 PBU 10/99).

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Suspension of work due to non-payment of wages

According to Article 21 of the Labor Code of the Russian Federation, every worker has the right to count on full payment for his work without any delays. But what to do if the employer does not pay honestly earned money on time? Do I need to continue working or should I suspend work due to non-payment of wages? This article describes what actions an employee can take in such a situation.

Employee rights in case of delay in salary

If the employer delays the payment of wages for more than 15 days, which also includes weekends and holidays, then the employee has every reason to stop working until he is paid the overdue salary in full. To do this, the employee must notify his employer in writing of the suspension of work due to non-payment of wages. Any rules for drawing up a note warning the employer about suspension labor activity the employee may not comply, since the Labor Code of the Russian Federation does not say anything about the exact form in which this notice should be written. Also, as an argument, the employee must have confirmation that his employer received the notice sent by him, otherwise the suspension of work duties will be considered as absenteeism.

In the event that the employer did not delay the entire salary, but only some part, the employee does not have the right to stop performing his job duties, since according to Article 142 of the Labor Code of the Russian Federation, the employee can receive such a right only if the salary is delayed in full.

When to stop working

It should be taken into account that the above method of protecting employee rights is not always available to everyone.
Suspension of work due to non-payment of wages or for any other reasons is not permissible:

• in the event of the introduction of martial law or the determination of an emergency situation in the country in accordance with the legislation of the Russian Federation;
• citizens working in bodies and institutions of the Armed Forces of the Russian Federation;
• law enforcement officials involved in rescue and firefighting operations;
• citizens holding public office in bodies state power RF;
• citizens working in institutions servicing particularly dangerous types of equipment and production;
• workers who supply the population with electricity, heating, gas, water, communications and medical care.

Payment for the period of suspension of work duties

If an employee has notified in writing about the suspension of work due to non-payment of wages to his employer, and he has confirmation that the employer has been notified, the employee, according to Article 142 of the Labor Code of the Russian Federation, must receive interest for the period of non-payment of debt, equal to the average earnings . Moreover, as long as there is a debt on the part of the employer, the employee may be absent from his workplace. If the employer is ready to pay the outstanding salary, he must notify the employee about this, after which the employee is obliged to return to fulfilling his duties. labor responsibilities from the next day after notification.

Also, the employee should know that in the event of untimely payment of interest for violation of the terms of payment of wages, he no longer has the right to suspend his work activity, since, according to Articles 129 and 236 of the Labor Code of the Russian Federation, these interests are not included in the salary, as a result of which they are not debt.

Delayed wages: payment deadlines, fines, decisions

Salary payment deadlines

The deadlines for issuing wages will change from October 3, 2016. Below we will look at the procedure for issuing salaries before and after this period.

According to the letter of the Federal Tax Service in letter dated August 29, 2016 No. ZN-4-17/15799, a non-resident employee cannot be given a salary in cash.

Until October 3, 2016

According to Article 136 of the Labor Code, wages must be issued by the organization at least every half month. Paying such amounts once a month is a direct violation of current legislation. It is possible to issue wages more often, but it is not possible to issue wages less often, even if the employee writes an application for such payment.

Since October 3, 2016

From October 3, the Labor Code will include exact date, after which the employer does not have the right to issue wages - the payday is until the 15th of the next month. Moreover, the old rules are not canceled, that is, salaries must be paid at least twice a month.

Thus, all organizations whose contracts specified payment dates for wages later than the 15th must amend the contracts in accordance with the new deadlines.

There must be 15 days between salary and advance payment. For example, if you pay an advance on the twentieth, then the salary must be paid on the fifth of the next month. If one interval is more than 15 days and the other is less, then Rostrud may fine you 50,000 rubles. (Article 5.27 of the Code of Administrative Offenses of the Russian Federation).

Delay of wages

Financial liability accrues to the employer regardless of the presence or absence of his guilt in delaying wages to employees.

Employee actions

How to get your salary on time? Who should I contact? Is compensation due for delayed wages?

If wages are delayed by one day, the employee has the right to begin to defend his rights.

To the labor inspectorate

To do this, you need to contact the labor inspectorate at the location of the organization (this is necessary so that the employer cannot evade solving the problem in an illegal way). The application is drawn up in free form, it is necessary to indicate the rights violated (the fact of delayed wages, the number of days of delay, the delayed amount).

Don't go to work

If the employer has not paid wages within 15 days, the employee has the right to suspend his work until he receives the amount due to him. Before this, it is necessary to notify the employer in writing about this decision, referring to Article 142 of the Labor Code of the Russian Federation.

However, not all categories of workers have the right to suspend their activities. Civil servants, workers servicing hazardous types of production and equipment, workers whose work activities are directly related to ensuring people’s livelihoods: employees of ambulance stations, power plants, water supply enterprises, etc. can not leave your place of work.

The employee must, along with the suspension of his work activity, apply to the court with a statement of claim to recover from the employer the amount of arrears of wages and compensation for the delay in payment. Before doing this, you need to make sure whether the salary has been accrued. If not, then a writ of execution can be issued almost immediately after the application.

Sometimes the employer believes that the employee will not escape from him and is in no hurry to pay the due money. The problem is relevant for small cities with high level unemployment.

Dear readers! The article talks about typical ways to resolve legal issues, but each case is individual. If you want to know how solve exactly your problem- contact a consultant:

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But the law gives a citizen greater rights, which allow him to contact the control and supervisory authorities and demand payment of amounts forcibly.

To receive the required salary, you need to demand its payment first through a claim procedure, and if this does not help, then through administrative authorities and the court.

General information

For the law, it does not matter whether the salary was not paid due to the fault of the employer or without it. The required amounts must be transferred to the employee at least twice a month.

Being even one day late provides the employee with the opportunity to fight for his right to timely payment. You can contact the employer directly or through a principal (legal representative).

If an employee fails to comply with legal requirements, the employer faces a significant fine, suspension of the enterprise, and even a prison sentence.

The legislative framework

The obligation to transfer wages at least once every 15 days is established in. The right to terminate work due to non-payment of wages is established in the Labor Code of the Russian Federation -.

The possibility of obtaining is established in Art. 136 Labor Code of the Russian Federation.

Issues of judicial practice in resolving disputes under labor law, including non-payment of wages, are established in Resolution of the Plenum of the Armed Forces of the Russian Federation No. 2, adopted in March 2004.

Delay of salary

The employer is obliged to pay not only wages, but the necessary compensation payments, vacation pay, and sick leave.

This means non-receipt of funds to the employee’s card or failure to issue them in cash.

For 1 day

If the payment of wages was delayed by 1 day, then the employee can already begin to fight for his rights. First, you should go to the accounting department and find out the reasons.

The period is indeed short, but this does not mean that employees should remain idle.

Protection begins with notifying the employer that employees are aware that they have not received funds and are not ready to put up with the current situation.

If the delay was solely for technical reasons and the money was paid, then the conflict is considered settled.

More than 15 days

Delay of wages for a period exceeding 15 days is considered a serious violation, which should not go unnoticed.

It is necessary to demand a meeting of the labor dispute commission. The commission includes representatives from workers, employers, and trade union organizations. The commission must make a decision on the dispute no later than 10 days after its convening.

The employee has the right to appeal to the commission within three months after the violation of his rights.

If the deadline was missed for valid reasons, it can be restored. The decision of the commission is made by a majority vote by secret ballot. It must be executed within three days after the expiration of ten days to appeal it.

If the decision of the CCC was not voluntarily executed by the employer, then the employee has the right, within one month, to apply to the commission for a certificate, which will have the force of an executive document.

Having received the certificate, the employee has the right to send it to the bailiffs and recover money from the employer through enforcement proceedings.

In practice, it is difficult to use the powers of the CCC, since the employer may not convene them for any reason and put pressure on the employee.

What to do?

Before figuring out where to go to get your due salary, you need to settle the dispute with the employer through negotiations.

If this does not lead to anything positive, then you need to contact the CTS. If it is impossible to resolve a dispute within the enterprise, it is necessary to seek help from control, supervisory and law enforcement agencies.

Where to complain?

An employee has the opportunity to contact the labor inspectorate at the location of the employer.

The institution controls the implementation of labor legislation, is authorized to conduct inspections, and bring the employer to administrative responsibility.

You can contact the prosecutor's office with a complaint about violation of labor rights. Most effective method protection of rights - going to court.

To the labor inspectorate

To contact the labor inspectorate, you need to write an application in which you should indicate:

• period of non-payment of wages;
• information that the employee tried to resolve the conflict through negotiations.

The labor inspectorate will advise you on issues of interest and help you draw up a statement of claim. The inspectorate conducts an inspection at the enterprise and requests the necessary documentation.

If violations on the part of the employer are revealed, he will be held administratively liable.

To the prosecutor's office

You can contact the prosecutor's office with a complaint at any stage of the conflict consideration.

The complaint should describe in detail the circumstances of the conflict and attach the necessary written documents.

The prosecutor's office conducts an inspection and, if violations are identified, will make recommendations to eliminate them.

If an employer refuses to pay an employee’s salary, the prosecutor has the right to file a claim in defense of persons who, for some valid reason, are unable to defend their rights in court on their own.

Going to court

If the salary is accrued but not paid, the employee has the right to apply to the magistrate with a court order. It is issued within five days after the application for extradition is submitted.

A court order is considered an executive document and can be presented to a bailiff.

If the salary is not paid and has not been accrued, then it is necessary to file a claim in the district court. The application is drawn up according to the rules of Art. 131-138 Code of Civil Procedure of the Russian Federation.

The following must be attached to the claim:

• a copy of the employment contract;
• copies of documents confirming the existence of debt;
• copy work book and an order for employment;
• Bank statements.

Accounting documents may be presented. The claim is not subject to tax state duty. At the court hearing, you can make a motion to call witnesses.

Employer's liability

The employer may incur administrative and criminal liability. The amount of the fine depends on the duration of non-payment and the amount of debt. The decision is made by the labor inspectorate or court.

The verdict for which the employer is subject to criminal punishment is passed by the court.

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