Employer's liability for delayed wages

Employer liability measures

As we said above, the employer may be held administratively, financially or criminally liable for non-payment of wages.

Material

In this case, for violation of the payment procedure, delays, etc., the employer is obliged, in addition to the remuneration due to the employee, to pay him interest (compensation) accrued on the principal amount of the debt for each day of delay.

(TC, Art. 236) The interest is calculated from the refinancing rate established by the Central Bank. Size – 1/300 of the bet. But the amount of late fees paid can be increased by the decision of the collective and enshrined in the collective agreement adopted by it.

Attention! Liability arises regardless of whether the employer is guilty or not of the incident.

Criminal

If, as a result of a preliminary inquiry, it is determined that the employer was pursuing personal interests by not paying wages, he may be subject to criminal liability. (Criminal Code, Article 145, parts 1 and 2)

The basis for a pre-investigation inspection and further criminal prosecution may be complete or partial non-payment for three or more months, or payment below the established minimum wage for a period of more than two months.

Punishment provided for in the Criminal Code:

• Fine.
• Removal from office.
• Deprivation of the right to hold leadership positions for a specified period.
• Deprivation of liberty.

Depending on the consequences of non-payment of wages, a fine of 120,000 to 500,000 rubles may be imposed on the employer.

You can lose the right to hold a leadership position for a period of one to five years.

Imprisonment is provided for a term of one to 3 years or forced labor for up to 2 years.

Administrative

An employer who fails to pay may be punished under the current Code of Administrative Offenses, Article 5.27. A fine of 500-5000 rubles will be imposed on him. If he repeatedly violates the Labor Code, the employer may be disqualified.

Disqualification implies that he will be removed from office. He will be prohibited from holding leadership positions for 1 to 3 years.

In this case, you first need to try to negotiate with the administration. Find out the reasons. Demand payment.

If an agreement cannot be reached, then warn the employer that the performance of duties will be terminated until payments are resumed (in writing). Then contact the labor dispute commission (the application must be in writing). Such commissions are created in any organization with more than 15 people. Its solution is binding on both disputing parties.

If the enterprise cannot resolve the issue, then an appeal should be made to the State Labor Inspectorate or the prosecutor's office. Read more about what to do in case of non-payment of wages here.

What to choose:

tariff or non-tariff wage system

? The choice largely depends on what your company does.

Under certain conditions, civil servants have the right to retire after length of service. Whenever possible, read here.

You receive a “gray salary”. Then it won’t hurt you to know that not only the employer, but also the employee can now be punished for such activities. Details here.

There is no precise procedure by which it would be possible to identify the existence of a personal interest in the delay of a director’s salary. In such a situation, each case must be considered separately from the others and all possible evidence must be collected.

For example, it is necessary to accurately determine the fact that the director had the opportunity to pay his employees salaries on time, but he did not do so based on personal motives. This motive must also be disclosed and proven.

Most often, there are situations when the director used funds intended for paying salaries to employees to pay for any personal needs that are not related to the activities of the organization. For example, instead of paying salaries, available funds were used to pay for interior renovations.

If an organization has arrears of wages, the first step is for the employee to contact the head of the company directly.

So, one of the ways before the court resolves this issue is to send a written complaint to the manager. It must indicate that due to this delay, a violation of the rights of workers occurs, and indicate the time frame during which the debt must be repaid.

Important! The letter must be officially registered, and the employee must retain a copy with a stamp of receipt. If the claim was sent by mail, then a notification with a mark of its receipt will serve as evidence.

These documents can then be used in court as evidence that the employee made an attempt to resolve the situation before going to court.

The Labor Code contains a mechanism to protect the employee in case of delayed wages. If the nonpayment of wages includes 15 days or more, then the employee's actions will include termination of employment until the debt is repaid.

Notice that work is being suspended for this reason must be in writing. Otherwise, this step may be assessed as absenteeism with subsequent dismissal of the employee under the article. The notification can also indicate that the employee is ready to contact the regulatory authorities for a solution to the issue.

Important! The start of work should occur after the employer informs in writing that he is ready to repay the resulting debt.

The Labor Inspectorate is a body that monitors compliance with rights in the field of labor relations. You must go there in person and submit an application to the inspector.

This document describes in detail the facts of unpaid wages and other types of violations. Based on the submitted application, the inspectorate conducts an extraordinary inspection.

If violations are confirmed, fines may be imposed on the organization, and it will also be required to repay the debt incurred to the employee.

Attention! It must be remembered that the labor inspectorate only indicates, but cannot force you to repay the loan. She also does not prescribe any types of compensation. Therefore, it is recommended to prepare documents for the court at the same time.

The prosecutor's office acts as another body that can monitor compliance with current legislation. A complaint against an employer must be filed in person, which will result in a prosecutorial investigation.

If violations are detected, an order will be issued, and in some cases documents may be submitted to the court.

Going to court

The law determines that the administration is obliged to calculate and issue compensation for each day of non-payment of wages.

The amount of such compensation is determined based on the amount of debt, the Central Bank rate and the number of days of delay in payment.

We invite you to familiarize yourself with: Agreement on the financial liability of the seller’s cashier (sample 2020)

As the amount of debt, you must take the unpaid amount of salary without taxes and other deductions.

The amount of compensation is established in the employment agreement, collective agreement, and other internal regulations. The law establishes that the interest cannot be less than 1/150 of the Central Bank rate. In the event that internal documents do not determine the size of the rate, its minimum value (1/150) is applied.

Regional authorities have the right to introduce their own minimum compensation rate within the region. However, it must be approved at a tripartite meeting with the union and employers.

The Central Bank rate changes periodically, and its new value is published in available sources. If during the period during which non-payment was recorded, there was a change in the rate, then it is necessary to calculate compensation for each segment.

Attention! The number of days for compensation is calculated starting from the day following the next payment day and ending with the day the debt to the employee is repaid. Compensation is calculated for each day, including weekends and holidays.

There is no precise list of consequences that courts may consider severe.

Based on the results of court proceedings, the following may be considered as such:

• Death of an employee;
• Driving him to suicide;
• Causing serious harm to the health of one person;
• Causing moderate harm to the health of two or more people;
• The worker was left without housing, means of subsistence, and was forced to beg;
• There was a long-term outage from sources of electricity, water, gas, and heating.

Attention! In essence, the court, in each specific situation, considers the events that occurred in the general context and their impact on the employee.

The court, in the process of studying the case materials, may establish that non-payment of wages led to serious consequences.

Then the following measures of liability may be applied to the head of the company:

1. Penalties from 200,000 to 500,000 rubles.
2. The manager's salary or income for a period of one to three years.
3. Imprisonment of the guilty person for a period of two to five years with deprivation of the opportunity to occupy this leadership position for a period of up to five years.

Several types of liability may apply to the employer for failure to comply with salary payment deadlines. Let's look at them below.

This responsibility of the company administration appears immediately as soon as a delay in payment is allowed for even one day.

Financial liability is the obligation of the company administration to calculate the compensation payment for each day of delay in payment. Local regulations of the company establish the amount of compensation to be accrued.

However, the Company's Regulations may not provide for a percentage of compensation for non-payment of remuneration. Then a percentage determined based on 1/150 of the rate of the Central Bank of the Russian Federation should be applied.

Attention! When calculating, the period from the next day after the payment deadline, including the day of repayment of this debt, is taken. These days include weekends and holidays.

Current practice shows that company management can try to mitigate the degree of liability by presenting in court valid reasons for non-payment of wages.

• In case of partial (less than half) non-payment of wages (other payments) for more than 3 months. – a fine of up to 120,000 rubles is levied on the head of a company/branch or individual entrepreneur. (or in the form of income of the guilty person for the annual period). Either the specified person is deprived of the right to hold his position (conduct activities) for a period of up to 1 year, or faces forced labor for up to 2 years, or imprisonment for up to 1 year (Part 1 of Article 145.1 of the Criminal Code).
• In case of complete non-payment of wages (other payments) for more than 2 months. – a fine of 100,000-500,000 rubles is charged from the head of the company/branch or individual entrepreneur. (or as the income of the guilty person over a three-year period). Or the specified person faces forced labor for up to 3 years with/without deprivation of the right to hold his position (conduct activities) for a period of up to 3 years, or imprisonment for up to 3 years with/without deprivation of the right to hold his position (conduct activities) for up to 3 years (Part 2 of Article 145.1 of the Criminal Code).

Material liability

If there is a delay in payment for labor, additional interest is charged. This is compensation for an employee who is forced to wait.

If only part of the salary was paid, compensation is still collected. However, for its calculation, the actual amount not received will be taken into account. If other figures are specified in the collective or employment contract, the amount of compensation may be increased. The employer will be required to pay it regardless of whether he is to blame for the delay or not.

What compensation payments are possible?

Objective reasons include:

• hostilities;
• natural disasters;
• major industrial accidents that led to serious consequences, including the inability to pay for work.

Subjective reasons are expressed mainly in the manager’s dishonest attitude towards fulfilling his obligations, the desire to obtain personal gain, as well as in violation by financial specialists of the requirements of the job description. In such situations, various measures of influence may be applied to the perpetrators.

Contacting the competent authorities

The rules of the Labor Code of the Russian Federation clearly define where to go if wages are not paid, that is, a list of authorized authorities is established to which an employee can complain in case of non-payment of earned money.

Another body where the injured party can turn is the prosecutor’s office. This authority, which carries out supervisory functions, can also take certain measures against the perpetrators. You can also file a complaint in court. This option for solving problems is the most common in practice.

If the director does not pay what he earned, the worker can complain to the Labor Inspectorate. Appealing to the labor inspectorate is the unconditional right of every worker. The deadline for filing a complaint to this authority is not defined by current legislation. That is, a person can initiate consideration of his problem at any time.

The procedure is quite simple. The interested party must submit an appeal in writing; its content must reflect the essence of the dispute that has arisen and offer documents that substantiate the position of the initiator. The transmitted information package will be reviewed within thirty calendar days from the date of its receipt. After this, the applicant will receive a comprehensive answer to his question.

In cases where the solution to the problem does not fall within the competence of the inspection, the appeal will be forwarded to the authorized authority within seven days from the date of its receipt. The initiator will also be informed of this fact in writing.

To the prosecutor's office

An application for non-payment of salary can also be submitted to the prosecutor's office. The procedure for sending a complaint is similar to the procedure for filing a complaint with the inspectorate. The deadline for applying to this authority is also not defined. The supervisory authority has a time limit for considering a complaint. It is thirty days, and for issues that do not require additional verification activities - fifteen days.

It should be noted that the prosecutor's office, like the Labor Inspectorate, cannot force the head of the company to pay off arrears of payments. These authorities are not vested with powers of this nature. However, they have the right to decide whether to bring the perpetrators to administrative responsibility or can send to law enforcement agencies a demand for the need to conduct a criminal investigation.

The worker's appeal to the court is perhaps the most common procedure, since this authority is vested with the authority to oblige companies to repay payment arrears in the shortest possible time.

The limitation period for filing a claim with a judicial authority is twelve actual months.

This period is calculated from the day when the earned money should have been paid to the employee. Completing the application in writing and attaching documentary information and data to it is also a prerequisite.

We suggest you read: Can an employer be held financially liable after dismissal?

Insurance premiums for payment of compensation for late wages

Here you will have to choose - to defend your case in court or to pay and sleep peacefully. The amount of insurance premiums from compensation is usually small, so you need to evaluate whether the gamble is worth the candle. Litigation will take a lot of time and nerves, and the savings on fees will be meager.

For delayed wages, you face not only financial, but also administrative or even criminal liability.

A fine can be issued by the State Labor Inspectorate - GIT - based on the results of a scheduled inspection. The inspection schedule is posted on the department's website. Here, for example, is the plan for St. Petersburg. The inspection may also be unscheduled, when an employee has received a complaint against the employer.

And it also happens like with us.

One day the prosecutor's office was determined to fine our organization for at least something. Its employees came every day arm in arm with representatives of other departments and carried out inspections. On Monday, firefighters were brought in and examined the fire extinguishers for a long time. On Tuesday - Roskomnadzor, on Wednesday - Rospotrebnadzor, then - Rosfinmonitoring. But no violations were found.

Then the prosecutor's office brought in the State Inspectorate, and then - bingo! - they discovered slight delays in the payment of wages and a violation in the employment contract: the date of payment of wages was indicated as an interval. As a result, the inspectorate issued a fine of 5 thousand rubles against me as an official, not for late payment of wages, but for an incorrectly drawn up employment contract.

If the order had been issued against an organization, the amount of the fine would have been higher.

If the salary is paid in part, but less than half of the established amount, then after 3 months of delay the manager may be brought to criminal liability. Then the maximum punishment is imprisonment for up to a year.

We invite you to familiarize yourself with: Sample characteristics for an employee from the place of work 2020

When non-payment of wages has led to serious consequences for the life or health of the employee, the maximum term of imprisonment is 5 years. For example, a person needed money for treatment, but there was none because the employer did not pay wages. If because of this the employee died or became disabled, the head of the organization has a chance of ending up in prison.

For example, Yuri Ivanovich, the general director of the company, did not pay wages to his employee for more than 2 months. The employee waited patiently and then quit. At the same time, the company had money - Yuri Ivanovich himself and other employees received their salaries on time.

The total debt of the organization to the employee amounted to 271,800 rubles. When a criminal case was opened against Yuri Ivanovich, he partially repaid the debt and fully admitted his guilt. The court took this into account and sentenced him not to imprisonment, but to a fine of 110 thousand rubles.

Preparation of a written application

The interested recipient needs to understand in detail what to do if the employer does not pay wages. It should be remembered that proceedings in any instance will be impossible if there is no application from the worker. It must be written in any case so that the interested party has in hand documentary evidence of the steps that were taken to solve the problem.

This must be done even if the person worked unofficially. That is, when he actually performed his duties in his position with the permission or knowledge of the manager, but the contract and order of employment were not drawn up, and an entry of the corresponding content was not made in the work book.

Form and content

According to the requirements of current legislation, an interested employee who has not been paid the funds he earned must make his appeal in writing. There is no standard form of appeal established by the current regulations.

The text of the application must indicate information that will reflect its essence, namely:

1. Full name and address of the authority where the paper is sent.
2. Information about the author of the document – ​​full last name, first name, patronymic, place of actual residence, contact telephone number.
3. Detailed information about professional cooperation with the company - when the employment agreement was signed, what dates and frequency of salary payments were established.
4. What was the violation - how long was the delay in payment, the total amount of debt.
5. Request for debt repayment.
6. List of attached documentation.
7. Date of application.
8. Personal signature of the compiler.

There is no standard form for a claim of this nature approved by the general rules. In practice, the appeal is drawn up in any form, indicating information that will reflect its essence.

In most cases, such paper is drawn up by hand using office paper and a stationery pen. However, current regulations do not prohibit drawing up an application using computer technology. The main condition is the presence of the originator’s signature on the document.

Remember

1. If an organization delays an employee's salary, it must pay compensation for the delay.
2. The minimum amount of compensation is 1/150 of the Central Bank key rate for each day of delay. If an employment or collective agreement or internal labor regulations specify increased compensation, you will have to pay more.
3. Even if the employer is not to blame for the delay, he is still obliged to pay compensation.
4. Compensation is calculated based on the amount that the employee should have received in hand.
5. Compensation for delayed wages is not subject to personal income tax.
6. If the employer establishes increased compensation, he must specify its amount in the employment or collective agreement, or internal labor regulations.
7. You don’t have to pay insurance premiums on compensation if you are ready to prove your case in court.
8. If compensation for late expenses is taken into account when calculating income taxes, the tax office may be unhappy. Then you'll have to sue.
9. Pay compensation at the same time as delayed wages.
10. For non-payment of wages, the employer faces administrative or criminal liability.

The state fully empowers each employee to protect his legitimate interests in the event of unlawful deprivation of his means of livelihood by the employer. Such measures to counter unreasonable employer behavior include:

• Self-defense in accordance with Art. 142 of the Labor Code of the Russian Federation in the form of suspension of work in case of delay in payment for a period of more than 15 days;
• Filing a complaint to the State Tax Inspectorate;
• Filing a claim in court;
• Contact the prosecutor's office.

An employee’s right to temporarily stop working arises on the 16th day of delayed wages. However, such behavior will be recognized as legal only if the employee notifies the employer in writing of his intention. To do this, notification is provided in writing. The employee is not required to remain on the employer’s premises during this time. According to the provisions of Art. 142 of the Labor Code of the Russian Federation, for the entire specified period of waiting for debt repayment, the employee must be paid average earnings.

We suggest you read: Who can sign orders?

The employee must resume the performance of official duties on the day following the date of receipt from the employer of notification of his readiness to repay the existing salary arrears.

The next, but not obligatory, stage of pre-trial resolution of the issue may be a complaint to the labor inspectorate. To do this, it is enough to write an application in any form and send it to the inspectorate. In general, the process of carrying out this option of protecting one’s rights can be represented as follows:

• Filling out an application to the labor inspectorate;
• Transferring it to inspection staff in person, electronically or by post with notification;
• Waiting for a decision to order an inspection of the employer;
• Waiting for the issuance of an order against the employer to repay the debt.

If desired, the employee can indicate in the application that his data as an applicant does not appear during the audit. The State Labor Inspectorate is obliged to monitor the progress of implementation of its order and, if it is not fulfilled, it is obliged to provide the employee with assistance in transferring materials to the court to initiate legal proceedings.

Appeal to court can occur in two ways, depending on the following factors:

• Amount to be recovered;
• There are disputes regarding the amount of the penalty.

So, if the amount of debt undisputed by the employer is less than 500,000 rubles, the case is resolved through writ proceedings. That is, a reasoned demand for repayment of the debt is drawn up and, together with evidence of the employer’s violations, is submitted to the magistrate. Within 5 days, he considers all the circumstances of the dispute without the participation of the parties and makes a decision in the form of a court order.

If one of the following circumstances exists, the case will have to be resolved by filing a claim:

• The amount of recovery is disputed or cannot be reliably determined;
• The amount of debt exceeds 500,000 rubles;
• The employer submitted objections to the court order.

In this case, a statement of claim is drawn up, which clearly states the requirements for repayment of arrears of wages. It must also be accompanied by documents substantiating the claims. Both the plaintiff and the defendant will have to engage in pre-trial preparation, participate in hearings, and compete in providing evidence of their position.

At the end of the meeting, a decision will be made in favor of the employee or, extremely rarely, a refusal to satisfy the claim. Once the court order is issued, the defendant company will be able to appeal to a higher court. After the expiration of this period, a writ of execution is generated and submitted to the bailiffs.

Can an employee not go to work if wages are not paid?

Because absenteeism without warning may result in an employee being fired for absenteeism. The application must refer to the Labor Code and indicate that the return to work will be carried out only after the payment of wage arrears.

The company will be required to notify the employee in writing that it is ready to repay the debt on the day he returns to work. If the debt is only partially paid, the employee has the right to stop working again.

However, there are categories of workers who cannot stop work, these include:

• Workers in the housing and communal services sector;
• Medical workers;
• Employees of law enforcement, emergency rescue, search and rescue and other similar agencies;
• Employed in hazardous industries.

Important! The employer is obliged to pay in full for the period that the employee will be absent, since this was due to his fault (he committed arrears in wages). It is also impossible to fire an employee during this period.

Employer's liability for non-payment of wages

Article 136 of the Labor Code of the Russian Federation

Wages to employees must be paid at least every half month. The payment date must be established by the organization’s internal documents no later than 15 calendar days from the end of the period for which it was accrued.

These documents may be:

• inner order rules;
• collective agreement;
• employment contract.

Please note that if the payday falls on a weekend (holiday), then it is best to pay employees earlier.

An employee has the right to suspend the performance of his official duties from the 16th day of delay. In this case, the employee must notify the employer about this in writing.

It is worth considering that the employee is not deprived of the opportunity to receive money even for the period in which he did not actually fulfill his work duties.

For failure to pay an employee money, the employer can be held accountable from the first day the debt to the employee arose.

An employee who has not received a salary has every right to suspend his work until the debt is received. He is obliged to notify the employer about this (in writing) indicating the reasons for stopping the performance of work duties.

Not all categories of workers have the right to stop work due to non-payment of wages (according to the provisions of Article 142 of the Labor Code). The following employees do not have the right to temporarily not carry out their work activities:

• civil servants;
• workers who work in particularly hazardous industries;
• employees whose job responsibilities are related to ensuring the life of people (for example, emergency medical workers).
• Please note that the document should be handed over to the head (secretary) of the enterprise against receipt.

To do this, you should write a free-form application, which must include the following information:

• name of the organization (in full);
• last names, first names, and patronymics of the manager and chief accountant (employee responsible for calculating and issuing salaries);
• job title of the employee who writes the application;
• length of service in the organization;
• information about the amount of the employee’s salary (including methods of payment, as well as the number of days overdue).

After receiving an application from an employee, within a month they are required to check the organization for violations in the field of payment of wages and make a conclusion about the presence (absence) of a violation of the labor rights of the employee who applied.

Next, the employer may be sent an order, which will discuss the need to repay the salary debt to the employee. It is also possible that the labor inspectorate will send a notice to law enforcement agencies (or a notification to the Federal Tax Service) about what violations of the employee’s rights were identified during the inspection of the unscrupulous employer.

The court's decision will largely depend on some extremely important points, namely:

• whether wages were accrued;
• whether non-payment of wages to an employee is related to the withholding of part of the salary.

In conclusion, we can add that deductions from an employee’s salary can be made due to the receipt of a writ of execution by the employer. If the salary was paid in an amount that exceeds its size, then it is not refundable. An exception is when, by a court decision, it was established that this occurred as a result of actions of an unlawful nature on the part of the employee.

The article was edited in accordance with current legislation 06/04/2018

Such regulatory documents may include regulations on remuneration or regulations on bonuses for employees. In addition, the procedure for remuneration may be prescribed in an employment contract or collective agreement.

In the same documents, the company’s management sets the terms when it will pay their remuneration to those working at the enterprise. When hired, an employee must be familiar with these provisions.

The law determines the deadlines for payment of remuneration to employees, according to which:

• The first part of the salary (salary advance) must be issued to employees before the 30th day of the month of work.
• The remainder of the salary must be paid by the 15th day of the month following the month of accrual.

Important! In addition, the legislation also establishes a rule according to which the period between the established payment days should not exceed fifteen days.

In addition, there are deadlines for paying vacation pay. The employer must give these amounts to the employee going on annual leave at least three working days before it starts. Or within 3 days from the date the employee submits the corresponding application for leave.

We suggest you read: How to fix your credit history - Lifehacker

Payment of sick leave must be made on the nearest salary payment deadline established by the enterprise.

A delay in the payment of wages occurs if these deadlines are not met.

This is the basic rule that an employer must follow so that non-payment of wages upon dismissal will not be held against him. In addition, there are special cases that are also defined by the norms.

If at the time of dismissal there is a dispute between the employee and management regarding amounts of money, then the employer must pay only the undisputed salary on time. The remaining part is paid to the dismissed employee if a claim is accepted in his favor by a court decision within the time limits specified in this document.

When, for some reason, an employee was absent on his last day at work, the payment of the amounts due to him must be made the next day from the moment the person’s data is presented with a request for this.

• In the first case, this is a violation by the administration of certain deadlines for issuing wages. Payment of money even the next day after the established deadline is considered a delay. Therefore, even a delay of one day is significant and may entail liability for the business entity.
• The second case of delay is related to the payment of wages on time, but not in full.

Often the latter includes cases where an employee wins labor disputes. This could be illegal dismissal (failure to comply with the procedure for terminating a contract at the initiative of the employer), unlawful deduction for material damage, failure to assign a bonus in full or payment of a reduced amount, etc.

Compensation = Amount of debt * Interest per day * Number of days overdue

Interest per day = Central Bank rate * Compensation amount

The amount of debt is the amount of unpaid wages excluding personal income tax.

Attention! The Central Bank rate is a variable value determined by the main bank of the country. It is set by the Central Bank itself depending on the economic situation in the country. Currently this figure is 9%.

The amount of compensation by law cannot be less than 1/150. However, a collective agreement, internal regulations, or regional legislation may establish a different meaning.

Example: the amount of salary arrears (without personal income tax) is 49,800 rubles. The number of days that have passed since the fixed date of issue is 27. The key rate is 9%. The amount of compensation is not established in the company's regulatory documents, so the value of 1/150 is used.

Compensation percentage: 9 * 1/150 = 0.06%

Compensation for delayed payment of wages: 49,800 * 0.06 / 100 * 27 = 806.76 rubles.

• The law makes it possible to restore the rights of an employee by contacting his employer. According to the standards, an employee may not go to work if the delay lasts 15 days or more. However, employees of emergency, utility and similar services cannot suspend work due to non-payment of wages.
• An employee can contact the labor inspectorate, and this is one of the effective ways to monitor compliance with labor laws. To do this, it is necessary to draw up a statement of non-payment of wages, which sets out the details of the violation. Inspectorate employees must conduct an inspection and, if the information is confirmed, apply sanctions to the employer. In addition, they can also help you prepare documents for legal proceedings.
• The next step is to contact the prosecutor's office. According to a statement from a citizen, they may conduct an investigation. It is also worth contacting here after an application to the labor inspectorate did not bring the desired result.
• Because the labor inspectorate and the prosecutor's office are engaged in punishing the employer. Only a court can oblige him to pay the money owed, as well as compensation. You just need to draw up the claim correctly, including all the necessary amounts.

EXAMPLE delayed wages for 33 days (calendar) to several employees in the total amount of 137,400 rubles. The actual transfer date is November 7, 2021. For violation of labor law, the employer must pay:

1. full salary: RUB 137,400;
2. compensation payments: 137,400 × 10% × 1/150 × 33 = 3022.8 rubles.
3. a fine issued by inspectors for late wages in the amount of 35,000 rubles.

1. For each day of delay, compensation must be paid to the employee (Article 236 of the Labor Code of the Russian Federation).
2. If wages are delayed by more than 15 days, the employee has the right to suspend work until it is paid, notifying you in writing. During the suspension, pay him the average salary, calculated in the same way as for a business trip (Article 142 of the Labor Code of the Russian Federation).
3. Reporting a delay in wages to the labor inspectorate is the basis for an unscheduled inspection (clause “b”, clause 10 of the Regulations on labor supervision).
4. The fine for delayed salaries for an organization is from 30,000 to 50,000 rubles, for an official - from 10,000 to 20,000 rubles. In case of repeated violation - from 50,000 to 100,000 rubles. and from 20,000 to 30,000 rubles. accordingly (parts 6, 7 of article 5.27 of the Code of Administrative Offenses of the Russian Federation).
5. Criminal liability for non-payment of wages for more than 3 months threatens the manager if there is selfish or other personal interest (Article 145.1 of the Criminal Code of the Russian Federation).

Size

• For responsible persons of the employer – 10,000-20,000 rubles.
• For individual entrepreneurs – 1000-5000 rubles.
• For legal entities persons – 30,000-50,000 rubles.

• warning or imposition of a fine on officials in the amount of 10,000 to 20,000 rubles;
• fine for individual entrepreneurs – from 1,000 to 5,000 rubles;
• fine for organization - from 30,000 to 50,000 rubles.

• a fine on officials in the amount of 20,000 to 30,000 rubles or disqualification for a period of 1 to 3 years;
• fine for individual entrepreneurs - from 10,000 to 30,000 rubles;
• fine for organization - from 50,000 to 100,000 rubles.

• a fine in the amount of up to 120,000 rubles or in the amount of wages or other income of the convicted person for a period of up to 1 year;
• or deprivation of the right to hold certain positions or engage in certain activities for a period of up to 1 year;
• or forced labor for up to 2 years;
• or imprisonment for up to 1 year.

Criminal liability

Such a measure for delaying wages is used only in extreme cases. It is used in accordance with Article 145.1 of the Criminal Code of the Russian Federation. Punishment may be imposed on employers who do not provide funds to employees for 2 full months.

There are several types of criminal penalties for late wages:

• a fine of 100,000–500,000 rubles;
• a fine in the amount of income for 3 years;
• involvement of a manager in forced labor and deprivation of the opportunity to hold the relevant position for a period of up to three years;
• imprisonment of liberty or the right to conduct activities for a term of up to three years.

If an employer fails to partially pay wages for more than three months, he may also be subject to criminal liability. In such a situation, a fine is usually applied. Its value cannot be more than 120,000 rubles.

It is permissible to replace the penalty with one year's salary of the convicted person. Directors may be deprived of the right to conduct activities, occupy a corresponding position, or be sent to jail for 12 months. Punishment can be replaced by forced labor, the duration of which can be up to 2 years. If non-payment of wages entails serious consequences, the situation is considered separately.

Enforcement proceedings

Enforcement proceedings regarding non-payment of wages are carried out according to the procedure established by current legislation. After the decision is made, a copy is sent to the company for information. In case of disagreement with the court’s requirement, the manager, within thirty days, may apply to the court for a review of the conclusion, presenting his reasons. If this does not happen, then the court issues the claimant a writ of execution certified by the seal of the court, which is submitted to the bailiff service.

If the salary was not paid upon dismissal

If an employee decides to terminate his employment, the company is obliged to provide him with the entire amount due for the period of work. Payment must be made on the day of dismissal. The norm is enshrined in Article 84 of the Labor Code of the Russian Federation. If money is refused to be paid, this is considered a violation of labor laws.

The employee has the right to defend his rights. To do this, you need to follow the standard algorithm. Initially, a complaint is filed. The powers of the labor inspectorate allow an inspection to be carried out on its basis. Additionally, it is permissible to appeal to the prosecutor's office or court. Initially, pre-trial proceedings will need to be completed.

If you disagree with the requirements put forward, you can try to challenge them in court. The possibility of deducting the cost of workwear from wages is also taken into account. The employer has similar rights if the form was not returned in proper form. The situation becomes more complicated if the employment was not carried out officially or a gray salary was provided.

All these facts will need to be documented. Usually the citizen does not have the relevant papers. However, you can still try to defend your case. To do this, it is necessary to attract witnesses and provide photos and video materials. This will increase the likelihood of a positive decision.

To prove a gray salary, you will need to provide a pay slip indicating the amount of payment or an envelope with the appropriate notes. Testimony from people who knew about the amount of income will also increase the likelihood of a positive decision. Other employees of the organization may act as witnesses. It is acceptable to provide contracts, acts and invoices or copies thereof, which contain signatures or details of the defendant.