Penalty for Late Transfer of Vacation Pay in 2021 for Each Case?

A selection of questions from readers.

My vacation pay is being delayed; I have been on vacation since 08/01/19.

You have the right to demand from the employer monetary compensation for the delay in the payment of vacation pay in the amount of not less than one hundred and fiftieth of the key rate of the Central Bank of the Russian Federation in effect at that time from the amounts not paid on time for each day of delay, starting from the next day after the established payment deadline until the day of actual payment inclusive.
Art. 236 Labor Code of the Russian Federation. Contact the prosecutor's office or the labor inspectorate, they will conduct an inspection and issue an order to eliminate the violation.

Can vacation be delayed and for how long?

According to Art. 124 of the Labor Code of the Russian Federation, if the employee was not paid in a timely manner for the duration of the annual paid leave or the employee was warned about the start time of this leave later than two weeks before its start, then the employer, upon the written application of the employee, is obliged to postpone the annual paid leave to another agreed period with an employee.

In exceptional cases, when the provision of leave to an employee in the current working year may adversely affect the normal course of work of an organization or individual entrepreneur, it is allowed, with the consent of the employee, to transfer the leave to the next working year. In this case, the leave must be used no later than 12 months after the end of the working year for which it is granted.

It is prohibited to fail to provide annual paid leave for two years in a row, as well as to not provide annual paid leave to employees under the age of eighteen and employees engaged in work with harmful and (or) dangerous working conditions.

Thus, vacation can be delayed only with the consent of the employee.

Does the employer have to delay the next vacation?
No. If you were included in the vacation schedule in advance and wrote an application 14 days in advance.

Maybe, if it is related to the production needs of the organization. Then the employer will be obliged to provide vacation at a time convenient for you outside the previously agreed schedule.

The employer is obliged to provide you with leave for the previous year of work within 2 years, but only with your consent.

The employer's actions are unlawful, because according to Art. 123 of the Labor Code of the Russian Federation, the vacation schedule is mandatory for both the employer and the employee. Transferring your vacation to another date is possible only with your consent (Article 124 of the Labor Code of the Russian Federation).

Do they have the right to delay vacation pay and pay it only after going on vacation?

The delay is unlawful.

How long does it take to write a vacation application and can vacation be delayed?

The application must be submitted in advance; three days before the start of the vacation, vacation pay must be paid. They cannot detain; leave is granted strictly according to schedule (Article 123 of the Labor Code of the Russian Federation).

The boss delays the signature on the vacation application.

Contact the labor inspectorate.

Does an employer have the right to delay vacations until the end of the working year?

No, it doesn't. Vacation is granted based on the vacation schedule. Article 123 of the Labor Code of the Russian Federation - the vacation schedule is mandatory for the employer and for the employee.

I am on maternity leave, our institution has already delayed the payment of wages for 7 days, and I have child care benefits! I want to properly file a claim.

When you compose it in the name of the manager, do not forget to add a clause about the penalty, which is accrued from the first day of the delay, and indicate the calculation.

My wife is a contract worker and was supposed to be on maternity leave until March 2021, but decided to leave earlier; does she have the right to a reduced working day? Don't work shifts? Don't stay late after work at work (work overtime)?

If we are talking about military service, then your wife, until the child reaches 3 years of age, in accordance with paragraph 9 of Art. 10 Federal Law “On the status of military personnel” in conjunction with Art. 259 of the Labor Code of the Russian Federation cannot be involved without her consent in the performance of military service duties at night, on non-working days, weekends and holidays. As for the shortened day, it is not provided for by current legislation for military personnel.

My husband works in the organization, either through labor or under a contract! Salaries are delayed, sometimes they give an advance, sometimes they don’t! I did not take vacation during the period of work. Wants to leave work. What payments are due?

He is entitled to a salary for the period he worked, and compensation for vacation days not taken off.
I have been on vacation since June 25, 2019; I have not received my vacation pay until today. How long can payment be delayed by law?
Since 2021, I should have received internships, but I haven’t received them due to the fact that they forgot about me. Is this punishable? Certainly. Write a complaint to the labor inspectorate and the prosecutor's office.

What to do in the following case: an in-person meeting of the owners of an apartment building has been held, the elected chairman of the meeting is delayed on vacation and does not have time to return within 10 days to sign the protocol and submit it to the management company. Who can sign the protocol for him and how to do it correctly?

During the absence of the chairman, there must be a person who replaces him and acts by proxy.

I work officially. Now on maternity leave for up to 1.5 years. The maternity leave was supposed to arrive on the 15th, today I wrote to the accountant. She said they would come today, but they never came. How long can an employer delay maternity leave?

The legislation does not establish a time limit for delaying transfers, so it is impossible to answer on the merits.

What is the period for payment of vacation pay provided by law?

The three-day period before the start of the vacation, during which the organization is obliged to pay vacation pay to the citizen, is determined by Article 136 of the Labor Code, and Articles 114 and 115 indicate that if these days fall on weekends or holidays, then the money is accrued in advance.

Important! Labor law prohibits the accrual of vacation pay in installments.

In practice, most employers tend to transfer them much earlier, since delays sometimes arise due to unforeseen circumstances: for example, a bank delay in a transaction.
In this case, the organization will be obliged to additionally pay the employee for each day of delay, regardless of the reason. Since payment of annual leave is the employer’s responsibility, he cannot justify the delay in transferring finances by ignorance of the employee’s retirement, lack of funds, etc.

Penalty for late payment of vacation pay

In this case, the accountant needs to strictly monitor the deadlines. According to the writ of execution, alimony for his son is withheld from Ivanov’s salary until he reaches 18 years of age. Ivanov wrote an application for leave for 14 days from February 5, 2021. All other calculations and responsibility for transfers will fall on the shoulders of the employer.

If the day when the child turns 18 comes before the vacation, then there is no need to withhold alimony from vacation payments. Child support should be withheld from income after personal income tax has been withheld from the accrued amount.

15 Dec 2021 uristlaw 166

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Where to go if you haven't paid your vacation pay

As practice shows, most issues of calculating vacation pay on time are resolved at the stage of notifying the manager of the employee’s intention to appeal to the labor inspectorate or court.
But if this does not bring results, the citizen can submit an application to the specified authorities to bring the company’s management to justice.

The application is drawn up in free form in compliance with the rules for maintaining official documentation and indicating the following information:

1. Details: Full name of the person to whom the document is sent, Full name, registration address and contact telephone number of the applicant, full name of the employing organization indicating the form of ownership, contact telephone number, address of the head office and Full name O. manager.
2. The essence of the complaint: the date of leaving on vacation according to the schedule, the amount due for payment, the expected date of payment, the number of days of delay.
3. Link to the document on the basis of which the applicant cooperates with the organization (employment contract), its details.
4. The applicant’s demands: consideration of the complaint, inspection of the enterprise’s activities, collection of debt from the employer along with compensation.
5. Date of document preparation and signature.

Sample application for late payment of vacation pay to the labor inspectorate:

Penalties for late transfer of vacation pay 2020

Violation of such requirements will lead to the company being held liable, represented by large fines. This is due to the entry into force of several court decisions, on the basis of which employees sought to find employers guilty of late transfer of funds. For example, if a person goes on vacation on Monday, then he should receive your funds before the start of Friday. This is due to the fact that from the moment of receiving the money and the start of the vacation there must be three full calendar days, represented by Friday, Saturday and Sunday. Therefore, employers who do not want to face the unpleasant consequences of violations must, under such conditions, transfer funds before 0 o'clock on Thursday.

This is stated in letter No. 784-199 dated March 15, 2011 (sent by letter of the Federal Insurance Service of the Russian Federation dated April 13, 2011 No. 14-03-11/08-3338). Although there are court decisions in which the arbitrators, on the contrary, recognized that insurance premiums are not charged on the amount of compensation (Resolution of the Federal Antimonopoly Service of the Volga-Vyatka District dated October 25, 2012 No. A31-11529/2011). As for insurance contributions to the Federal Social Insurance Fund of the Russian Federation in case of injury, the situation is as follows.

This is interesting: Where to Get a Travel Card for a Schoolchild in St. Petersburg

Employer's liability for delay

When an employee goes to court or the prosecutor's office with a statement about late payment of the vacation period, the company not only undertakes to accrue compensation, but also becomes liable.
Most often, fines are applied, however, in case of serious violations and repeated cases of bringing such issues to court, the responsible official may be subject to stricter administrative and even criminal liability.

Amounts of fines for late payment

Penalties for delaying vacation pay:

• for officials - up to 5 thousand rubles;
• for individuals who are individual entrepreneurs - 1-5 thousand rubles;

In case of repeated violations, the amount of fines increases, and other penalties are applied to officials and organizations - removal from office for 1-3 years and temporary or complete suspension of activities, respectively.
Criminal liability, according to Article 145 of the Criminal Code, can be a fine of 120 thousand rubles. or imprisonment for up to three years.

Right to rest

First of all, you need to figure out who can rest and when.
According to Article 114 of the Labor Code of the Russian Federation, an employee has the right to annual leave. The number of days of legal rest depends on many factors:

• length of service in the organization;
• special working conditions specified in the employment contract;
• climatic conditions at the place of work;
• the employee’s rights to additional leave, voluntarily prescribed by the employer in the collective agreement or internal regulations.

A standard vacation lasts 28 days (Article 115 of the Labor Code of the Russian Federation). In this case, we are talking about calendar days, including weekends, but excluding public holidays (this is a closed list of dates prescribed in Article 112 of the Code).

For example, an employee wrote an application for leave from March 1 to March 20, 2019. This is a period of 20 days, if you count strictly according to the calendar. But March 8, an official holiday, falls within this period. Therefore, the duration of the vacation will be only 19 days. And it is on the basis of 19 days that vacation will be paid.

Please keep in mind that postponing weekends is not considered a holiday. That is, in the above example, despite the fact that Monday March 7 was a non-working day, it does not apply to holidays and does not reduce the number of vacation days.

Additionally, the law provides for cases of increasing the duration of rest.

The table shows the minimum duration of the increase to 28 days.

If there is no desire to rest for longer than 4 weeks, then the law provides for the possibility of replacing additional leave with monetary compensation (Article 126 of the Labor Code of the Russian Federation).

The frequency of employee rest is prescribed in the vacation schedule approved annually.

Two weeks before the start of his vacation, the employee must be notified against signature. If his plans change, then upon application, the vacation dates can be postponed.

Payment order

To calculate vacation pay, the concept of average wages (AWS) is used.
When calculating this indicator, you must use the formula: SWP = ZP / 12 / 29.3

The numerator (ZP) will include all accruals provided for by the remuneration system and the employment contract for the 12 months preceding the vacation.

The denominator includes 12 calendar months and a certain number 29.3. This is exactly what is considered to be the average number of days in a month in the 2021 edition of the Labor Code.

Wages do not include all social payments (sick leave, benefits, etc.), vacation pay and bonus payments that are one-time in nature and not reflected in the remuneration system or employment contract.

Now he is going on vacation for 14 days. In this case, the amount of vacation pay will be (30,000*12 5,000 5,000)/12/29.3*14=14,732.65 rubles.

Deadlines

Vacation pay must be paid no later than three days before the start of the vacation.
Moreover, if such a day falls on a weekend, then the money is transferred the day before. But there are cases when an employee writes a statement and goes on vacation the very next day. The legislator does not prohibit such surprises with the mutual consent of the parties. In this case, you must understand that the employer cannot comply with the requirements of the Labor Code.

And it would seem that in such a situation the violation of the law occurs through no fault of the company. But there is a practice when companies are fined in these cases too.

For most small commercial organizations, the Labor Inspectorate is a kind of mythical body that can only come after receiving a complaint from an employee.
But for budgetary organizations and for organizations that are large taxpayers, the prospect of meeting such an inspector is very real.

Penalty for late payment of vacation pay

In order to properly arrange leave, you need to clearly understand which categories of persons the employee falls under when calculating. Payment of vacation pay must be carried out within strictly established periods, which are specified in Part. It states that payment is made three days before the employee goes on vacation. This article describes the procedure for making calculations if the date of payment of vacation pay falls on holidays or weekends.

Employees who have entered into employment contracts have the right to annual paid leave. Vacation is a period of rest, a break from work, paid by the employer. In general, the duration of vacation is 28 calendar days. When exercising the rights of employees, the interests of the organization should also not be harmed. Therefore, based on the specifics of its work, the order of employee vacations is established by a special document - a vacation schedule, which is approved by the head of the enterprise.

Who is responsible?

Most often, an organization can be held accountable based on a complaint from the employee himself. But sometimes violations can be discovered during a scheduled inspection by the Labor Inspectorate.

When imposing fines, they are guided by the Code of Administrative Offenses.

Or it may happen that inspectors will resort to the Criminal Code if the delays in payments are very large.
Moreover, if in the case of payment of compensation, the presence or absence of the employer’s fault is not taken into account, then this is the main argument for bringing to administrative or criminal liability. And depending on the seriousness of the violation, a fine may be imposed on the official or the organization as a whole, or there may be talk of disqualification or even imprisonment of the manager.

Penalties for late transfer of vacation pay 2020

But first, you can still try to come to an agreement with the employer. In order to receive compensation, a written application is not required. Try to negotiate verbally. Read also the article: → “Applying for a second maternity leave without leaving the first.”

• Carry out your own calculation of compensation by comparing the date of payment according to the law and the period of delay.
• Claim payment from your employer. Often the delay in the payment of vacation pay and benefits occurs not through the fault of the employer, but due to the difficult financial situation in the company. This fact, of course, is not a reason for delay; you still need to try to come to an agreement. Many organizations provide for payments in larger amounts than required by law.