What to do if your salary is delayed. What to do if your salary is delayed? What to do if your wages are delayed

By fulfilling his job duties, the employee receives remuneration. The amount of financial payments, as well as the period of their issuance, is negotiated upon hiring.

Sometimes wages are delayed at enterprises - this can happen either through the fault of management or without its participation. The employee should familiarize himself with his rights in advance: he needs to find out how many days, according to the law, the employer can delay payments.

Salaries are required by law to be paid twice a month. Payment dates are negotiated during employment and are specified in the contract.

Sometimes the payday falls on a holiday or weekend. In this case, the employer is obliged to make all due payments the day before.

If payment for the past month has not been made within the specified period, the next day is considered the first day of delay.

If wages are delayed, conflict situations arise between the employee and management. The problem can be solved by referring to the legislative framework:

The financial liability of the employer is regulated by Art. 236 Labor Code of the Russian Federation. This may include violations when paying the employee due compensation (vacation, dismissal, etc.).
The employer bears administrative responsibility, in accordance with Art. 5.27 and 5.31 Code of Administrative Offenses of the Russian Federation. Misdemeanors are fraught with penalties.
Criminal liability is the most severe type of punishment. Regulated by Art. 145 of the Criminal Code of the Russian Federation (clause 1).
According to Art. 142 of the Labor Code of the Russian Federation, untimely payment of wages threatens the employer with liability to employees.

Each of these acts involves the imposition of certain sanctions on the employer in case of failure to fulfill obligations.

Sanctions

In case of financial liability, the employer must pay employees not only all remuneration. Payment is due compensation, the amount of which is 1/300 of the Central Bank refinancing rate of the total debt. In this case, all days of delay are paid, starting from the due payday. Depending on the agreement concluded, the interest rate may be increased.

It does not matter whether the employer is at fault in the current situation. Payment of workers' compensation is mandatory.

Administrative liability involves payment of a fine in the amount of 1–5 thousand rubles. Sanctions are imposed on the company. An individual will pay 1-5 thousand rubles, and a legal entity will pay 30-50 thousand rubles.

A significant increase in these amounts is allowed, as well as temporary removal (for 1-3 years) of responsible persons from their positions. Sanctions are regulated by the Code of Administrative Offenses of the Russian Federation (Article 5.27, Part 4). Severe penalties apply if management is held accountable again.

The employer has the right to be given time to reimburse the employee for all compensation. If within 180 days the management has not partially paid the due funds, a fine of up to 120 thousand rubles is provided. (regulated by Article 145.1 of the Criminal Code of the Russian Federation, part 1).

The accused can count on a commutation of punishment. The equivalent is:

Payment of your salary for 12 months as a fine.
A one-year ban on certain activities.
Carrying out compulsory educational work for 2 years.
Restriction of freedom for up to a year.

When the employer has not made a single payment for more than 2 months, Art. 145.1 of the Criminal Code of the Russian Federation (Part 2) implies more serious sanctions:

Payment of a fine in the amount of 100 to 500 thousand rubles.
Paying your annual salary.
Forced activity with a ban on certain positions (maximum 3 years).
Imprisonment (for up to 3 years).

If the resulting delays cause serious consequences, the minimum fine rises to 200 thousand rubles. As an equivalent we can consider:

A fine equal to the employer’s salary for a period of up to 3 years.
Suspension and ban on some positions – up to 5 years.
Imprisonment for a similar period (2-5 years).

When talking about partial payments, you should keep in mind the payment of more than 50% of the amount fixed in the employment agreement.

Delay of salary “in an envelope”

Sometimes an employee is officially employed, but in violation of some norms of the Labor Code of the Russian Federation. If an employer delays wages, this is fraught with a fine of up to 20 thousand rubles. from an authorized person (according to Part 3 of Article 5.27 of the Code of Administrative Offenses of the Russian Federation).

Sanctions for an individual will amount to 10 thousand rubles. A legal entity will fork out 100 thousand rubles.

If systematic violations of this kind are detected, the responsible person will be suspended from activities for up to 3 years. The payment of the fine remains with the accused.

When applying to a company on a partially unofficial salary, the applicant should study the possible risks in detail. In case of conflict situations, you will have to prove your work activity through the court. According to Art. 55 of the Code of Civil Procedure of the Russian Federation, as evidence of his activities, an employee can use:

Testimony of witnesses.
Photo, video or audio materials.
Any work records.

The basic official salary must cover the established minimum subsistence level. Otherwise, this is a violation of legal norms.

Employee actions

Not everyone knows how long wage payments can be delayed by law. If payment is not made for more than 14 days, the employee has the right not to go to work until full compensation is received. This is stated in the Labor Code of the Russian Federation, Art. 142. You should notify the employer of your decision in advance and in writing.

According to the new law, some workers do not have the right to temporarily stop working. These include workers:

All areas during military operations and the declaration of a state of emergency.
Serving in the Armed Forces of the Russian Federation, law enforcement, rescue and other agencies.
Civil servants.
Those related to the spheres of life support (medical workers working in water disposal, gas supply institutions, etc.).
Enterprises directly in contact with hazardous production.

The employee is obliged to appear the next day after management agrees to pay the debts. The document must be in writing.

Where to complain

The employee has three options to resolve the problem. The list of organizations where a worker can contact if his salary is delayed is as follows:

To Rostrud.
To the prosecutor's office.
To the court (investigative authorities).

The last one listed is considered the most effective option. After resigning, a former employee can file an application with the court only within 3 months.

Those who are just planning to leave due to delayed salaries must notify their employer of their decision. This is done by sending a registered letter. The paper must contain a requirement to indicate a specific date and issue a calculation according to it.

If you have not received payment, you should not sign any statements. Otherwise, it is impossible to prove that you are right.

The difficult economic situation in the country, the crisis of non-payments, delays in deliveries and other problems often become the reason that the employer cannot pay wages to its employees within the deadlines established by law. In this article, we will consider what to do if the employer delays wages, and what the employees themselves can do in this case.

Law on delayed wages in 2019

According to the Labor Code (LC) of the Russian Federation (Part 6, Article 136) and the letter of the Ministry of Labor of the Russian Federation dated November 28, 2003 No. 14-2-242, wages must be paid to employees hired under an employment contract 2 times a month. The exception is situations when an employee is hired to perform any tasks under a civil contract. This option provides for the preparation of any payment terms that suit both parties. This agreement is stated directly in the contract.

Delay of wages according to the Labor Code in 2019 is allowed for a period of no more than 15 days. This is stated in the amendments dated October 3, 2016 to Art. 136 Labor Code of the Russian Federation. This admission implies that the employer has the right to delay payment no more than 15 days after the end of the period for which it was accrued (Federal Law (FZ) No. 272 of 07/03/2016).

The dates of payment of wages must be recorded in at least one of the following documents:

in the employment contract concluded between the employee and the employer;
in a collective agreement;
in internal regulations.

Algorithm of actions for an employee in case of delay in salary

Additionally

There are certain cases when stopping work is unacceptable:

workers of rescue and emergency services, military, firefighters;
in a state of emergency;
civil servants;
workers who service particularly hazardous types of production and equipment;
workers who ensure the livelihoods of the population (ambulance, water supply, gas supply, energy supply, heating, communications).

Based on legal norms, if wages are delayed for more than 15 days, the employee can take the following actions:

write a notice to the employer stating that due to a delay in payments of more than 15 days, he ceases to perform his official duties. This document must be drawn up in 2 copies, one remains with the employer, and on the other the responsible person who accepted the notification must sign for acceptance. This is necessary to ensure that the employee does not have to register absenteeism, and to prove the legality of the actions in court (if necessary). It should also be taken into account that the employer will have to pay for the period of suspended work;
do not go to work until written notification from the employer of the intention to issue wages;
file a claim in court for violation of civil rights.

If the period of delay in wages exceeds 3 calendar months, then the employee, in addition to the actions listed above, can file an application with the arbitration court to declare the company in which he works bankrupt. The court will accept the case for consideration if the employer’s debt to employees is at least 300 thousand rubles.

In addition to the actions listed above, the employee has the right to report a violation of his rights to the following authorities:

to the Federal Labor Inspectorate;
to the prosecutor's office at the location of the company where the employee works;
to court (a sample statement of claim for non-payment of wages can be found).

If at an enterprise or organization the salaries of several employees are delayed, then it is better to defend your rights together. Collective applications to government agencies will be processed faster than individual ones, and they will also have a greater chance of a positive result.

When contacting all government agencies, you must submit a written application indicating the fact of the delay in wages, the timing of the delay, the exact details of the company and your personal data. If available, provide supporting documents.

Watch the video for expert advice on how to collect your salary if you are delayed.

Consequences for the employer if payments are delayed

Failure by the employer to comply with the terms of the employment contract, including delays in payments, entails any retaliation.

List of possible consequences:

termination of employment of company employees if wages are not paid more than 15 days after the period specified in the employment or collective agreement (Article 142 of the Labor Code of the Russian Federation);
based on average earnings;
taking administrative and (or) financial liability measures, including payment of monetary compensation to employees. Administrative liability involves the imposition of a fine and suspension of the company’s activities;
criminal prosecution;
Initiation of bankruptcy proceedings by employees of the enterprise if payments are delayed for more than 3 months.

It is worth noting: If salaries are paid to employees according to a gray or black scheme, then even in the courts it will be quite difficult to prove the facts of delay and non-payment, and it will be almost impossible to hold the employer accountable. Therefore, it is worth discussing in advance with the employer the issue of official payment of wages.

Compensation for employee in case of delay in salary

Cash compensation for late payment of wages is one of the measures to encourage timely payments. As a rule, it represents a certain interest accrued on the amount of debt. Payment of compensation interest when wages are delayed is the employer’s responsibility, regardless of the reasons for the delay in payment (Article 236 of the Labor Code of the Russian Federation).

The minimum amount of compensation charges, according to Federal Law No. 272 of October 3, 2016, is equal to 1/150 of the Bank of Russia key rate for the amount of delayed payments for each day of delay. The key rate as of March 27, 2017 is 9.75%. Thus, the employer is obliged to pay the employee his earnings plus compensation calculated for each day of delay in payment.

You can try to solve the problem of delayed salaries before contacting various government agencies within the team. For this purpose, the company creates a labor dispute commission. It should consist of representatives from the employee and employer sides in equal numbers. The commission will resolve the problem within 10 days. If a peaceful settlement does not work out, then you should then contact state supervisory authorities.

Ask questions about the topic of the article and get an answer from an expert

Receiving your salary on time and in full is the right of every employee. It is enshrined in the Constitution and Labor Code of the Russian Federation. Legislators have made sure that this right is respected - several forms of liability have been established for employers for late or incomplete payment of wages. The owner of a law firm, Maxim Krupyshev, tells more about ways to influence the management of a company that delays payments to employees.

When should wages be paid?

Payments to employees are made twice a month, and the gap between payments should be no more than 15 calendar days (Article 136 of the Labor Code of the Russian Federation). The exact date of receipt of the advance and the balance of the amount is determined by the company’s internal regulations or a collective agreement. If a written employment contract was concluded with you, it must also indicate the terms for payment of wages.

If the day set for payment is a weekend or non-working day, then the part of your salary due to you must be paid in advance, on the next working day. Vacation pay is even stricter: the employer must transfer it at least 3 days before the start of the vacation.

What to do if your salary is late

If wages are delayed by more than 15 days from the due date, send a written notice to your superiors and you may not appear at work until the due amount is paid. At the same time, you retain your average earnings. This right is granted to hired employees by Article 142 of the Labor Code of the Russian Federation. The exceptions are:

military, police, rescuers and firefighters;
civil servants;
workers in particularly hazardous industries;
representatives of enterprises directly involved in ensuring the life of the population (ambulance, heating, electricity and gas supply, etc.).

The written notice is drawn up in free form, but there are certain requirements for its content. You must:

write to whom the document is addressed (company name, position and full name of the manager);
indicate the sender's details (full name, position and postal address - yours or several employees, if the appeal is collective);
describe in detail the violation committed by management, mentioning the exact dates of payment of wages and the period of delay;
ask for the start of written negotiations to clarify the causes of the incident and eliminate the consequences.

If negotiations with the director of the enterprise do not produce results, use the possibilities of special authorities.

Where to go if management doesn’t respond

When the problem of delays with management cannot be resolved, your rights can be protected by:

labor dispute commission;
labor inspectorate;
prosecutor's office;

You send a written statement, written in free form, to any of these authorities. In your application, indicate the name of the authority you are applying to and your details. After this, you describe the problem in detail and state your request: to apply sanctions to the employer and his officials, as well as to receive compensation for the delay. Please attach supporting documents to your application: a bank statement on your salary card, payslips, an extract from the labor regulations or collective agreement, which indicates the established payment terms, etc.

What compensation can you get if your salary is delayed?

In case of untimely payment of remuneration for work, the employee is entitled to monetary compensation (Article 236 of the Labor Code of the Russian Federation). It is prescribed regardless of the reason for the delay and is calculated using the formula:

Salary amount * 1/150 of the key rate of the Central Bank of the Russian Federation * number of days overdue

In addition, you may be eligible for compensation for moral damages. You determine the amount yourself by indicating it in the statement of claim. Based on the results of the proceedings, the court may correct it or exclude it from the requirements.

What is the employer's liability for delayed wages?

In addition to financial liability in the form of payment of compensation for late payments, other sanctions may be imposed on the employer:

Disciplinary action in the form of a warning, reprimand or dismissal.
Administrative penalty. Appointed if there is fault in the management of the enterprise. Amount of the fine: for officials - from 10 to 20 thousand rubles, for an organization - 50-100 thousand rubles.
Criminal penalty. Applies if the court proves the selfish motives of company officials. In this case, sanctions may be in the form of a fine of up to 500 thousand rubles (or 3 years’ salary of the perpetrator), forced labor or imprisonment for up to 3 years.

Now you know how to protect yourself in case of delays in wages, how to get compensation and what is the responsibility of employers for delays in payments to employees.

According to the Labor Code of the Russian Federation, an employee must be paid wages twice a month. Delays can occur for various reasons, but most often an unscrupulous employer is to blame. Read in the material “RIAMO in Lyubertsy” how to solve this issue and where to turn for help.

Regulations for issuing salaries

The Labor Code of the Russian Federation spells out all the rules for issuing wages, which are mandatory for all employers. An employee must be paid a salary at least twice a month. If you get paid once a month, that's illegal.

Salary payment days must be clearly stated in the individual contract or collective agreement. If the day turns out to be a non-working day, then the salary must be paid before this day, and not after. Likewise, vacation pay must be accrued three days before the official start date of the vacation.

In addition, the employee must know exactly how much he receives for his work, what the salary is, when he was given a bonus - all this must be reflected in the accounting documents.

Sometimes it happens that a company has no money, and it pays its employees with products. This cannot be done without the employee’s consent.

Late salary less than 15 days

If wages are delayed by less than 15 days, then be patient and wait. The employer is obliged to pay the due money and charge penalties for each day of delay.

Article 236 of the Labor Code of the Russian Federation states: “If the employer violates the established deadline for payment of wages, vacation pay, dismissal payments and other payments due to the employee, the employer is obliged to pay with interest (monetary compensation) in an amount not less than 1/300 of the amount in force at that time refinancing rates of the Central Bank of the Russian Federation from amounts not paid on time for each day of delay, starting from the next day after the established payment deadline up to and including the day of actual settlement.”

Simply put, the formula is: salary arrears X 1/300 of the refinancing rate X number of days of delay = compensation. In this case, the employer must calculate the amount of the penalty independently.

If the employer does not pay the employee a penalty, then you can go to court.

Salary overdue for more than 15 days

There is no salary, but 15 or more days have passed since the payment date specified in the contract? We are armed with Article 142 of the Labor Code of the Russian Federation, which states: “an employee has the right, after notifying the employer in writing, to suspend work for the entire period until the delayed amount is paid.”

Write a written statement in two copies - for yourself and the employer, both signed by him. If the employer refuses to sign, send the application by mail, just be sure to indicate the date of mailing and that the letter must be delivered in person with a receipt stamp.

You are required to pay for the period of suspension of work at the rate of at least 2/3 of your average salary for the period of downtime. But remember: the day after your salary is paid, you must start work. They do not have the right to fire you due to absenteeism or other violations.

When you can't stop working

The Labor Code strictly stipulates who and when cannot suspend their work activities due to non-payment of wages. Thus, you cannot write such a statement during the introduction of a state of martial law or a state of emergency in the country.

Doctors, military personnel, firefighters, rescuers, government employees, and employees of especially dangerous enterprises cannot suspend work. This list also includes employees involved in energy, water and heat supply.

Delay in payments after dismissal

Have you already said goodbye to the organization, but the payments due after dismissal have not been credited to your account? Go to court.

Collect documents, evidence of non-payment of money, and witness statements. If you prepare well, you will probably win the case and receive your entire salary, as well as penalties, which in this case are also charged.

Where to contact

If the employer does not pay wages, you have the right to contact the labor inspectorate. If you are afraid of being fired, call them anonymously.

You can come to the regional labor inspectorate office and write a statement, or you can also send it by mail. In your appeal, please indicate your last name, first name, patronymic, postal address, and telephone number. Write down the period of non-payment of money, the total amount of debt. Attach a copy of the employment contract and evidence of unpaid wages, if available.

The appeal is reviewed within 30 days. Based on the results of the inspection, the employer will be issued an order to pay you wages, as well as to charge penalties. The labor inspectorate monitors the implementation of the order.

If this does not help, then you can go to court and write a statement to the prosecutor's office. Anonymous appeals to the prosecutor's office are not considered, so the application must be written in person.

Prepare evidence of the employer's guilt in advance. Take payslips or at least take a photo of them so that your name is visible. Make a copy of the employment order and the work book, where the corresponding entry is made.

Talk to the employer first, ask him about why the salary is not paid and when it will be paid. If possible, record the conversation with a voice recorder. Testimony from witnesses may also be helpful.

What threatens the employer

The Labor Code provides for two types of liability for an unscrupulous employer - administrative and criminal.

Administrative liability includes fines, as well as deprivation of the right to engage in entrepreneurial activity for a period of three months or disqualification for six months.

Delays in wages in 2019, as before, threaten employers with liability in accordance with the Labor Code and other regulations (Part 1 of Article 142 of the Labor Code of the Russian Federation). So, according to Art. 236 of the Labor Code, an employer who delays the payment of wages, even if it was not his fault, bears financial responsibility, and under Parts 6-7 of Art. 5.27 of the Administrative Code - and administrative (from 10 to 20 thousand rubles for officials and from 30 to 50 thousand rubles for legal entities).

In addition, if the employer’s desire to profit from employees is proven when wages are delayed by more than 2 months, then the head of such an enterprise can be brought to criminal liability under Art. 145.1 of the Criminal Code of the Russian Federation.

In addition, the employee has the right to suspend work by notifying the employer in writing if wages are delayed by more than 15 days.

What are the deadlines for paying salaries?

In Part 6 of Art. 136 of the Labor Code strictly states that earnings must be paid to the employee at least 2 times a month; in this case, the final payment for the month worked must be made no later than the 15th day of the month following it. And if this is provided for by the enterprise, then payments can be made three times a month.

Don't know your rights?

At the same time, for certain categories of employees, in accordance with Part 7 of Art. 136 of the Labor Code, other terms for payment of wages may be established if this is provided for by law. Specific terms for payment of wages at the enterprise must be fixed in local regulations and in employment contracts.

IMPORTANT! According to Part 4 of Art. 136 of the Labor Code, the period for payment of wages in non-monetary terms is stipulated in the labor and/or collective agreement.

How many days can an employer delay wages under the Labor Code of the Russian Federation?

As mentioned above, an employer’s delay of wages in accordance with labor legislation entails legal consequences in the form of material, administrative and even criminal liability. In this case, liability begins on the very first day of non-payment of wages on time.

However, by delaying payment to its employees, the employer can count on the fact that the production process will not be stopped for at least the next 2 weeks. According to Part 2 of Art. 142 of the Labor Code, employees will be able to suspend work on the 16th day of non-payment of their wages and until the employer repays the debt. At the same time, they may not go to work, but the employer will have to pay them their average earnings for these days (parts 3-4 of the above article).

Therefore, if an employer has allowed a debt to arise to employees, but does not want to stop the enterprise, he must pay off all his debts on unpaid wages within 15 days.

So the employer has no legal grounds for delaying employee salaries. Moreover, failure to pay it on time is fraught with various types of liability, including criminal liability.