The Labor Code of the Russian Federation and local acts of any organization set the terms for various payments due to employees. And, of course, if there are deadlines, they should be respected. But for some reason, some leaders neglect the rules, believing that there is nothing wrong with that. Art. 236 of the Labor Code of the Russian Federation regulates measures of liability for delays by the employer of payments.
Impact measures
Every working citizen should receive a salary and other cash payments laid down by law. Unfortunately, there are employers who are negligent in their duties. Various measures of influence are provided for them:
- Disciplinary sanctions are regulated in Art. 192 of the Civil Code of the Russian Federation.
- Material punishment specified in Article. 234, Art. 235, Art. 236 of the Labor Code of the Russian Federation.
- Administrative responsibility is regulated by Art. 5.27 Administrative Code of the Russian Federation.
- Criminal liability. If evidence is presented, an official may be arrested for up to 2 years.
Let us consider in more detail what the non-compliance with legal norms on the part of the employer in the sphere of statutory payments entails. To do this, we analyze the provisions of Art. 236 of the Labor Code of the Russian Federation with comments.
The right to wages and other payments
According to labor law, the employer must pay employees the salary due on time. These terms are fixed by the labor agreement, the rules of procedure in force in the organization, and the collective agreement.
The law provides for the payment of salaries several times a month. The right to wages received in accordance with the labor expended is exercised in accordance with the clause of the employment contract. The amount of payment depends on the qualification of the employee, his position, profession, specialty, quality of manufactured products and quantity. There is no maximum size. For budgetary organizations, the size is determined by law and regulations, for commercial organizations - by agreement. But the amount of payment should not be less than the cost of living.
Paying money for the work, the employer must notify the employee in writing of the components of the salary. The pay sheet is developed within a separate organization.
Salaries and other payments are paid directly to the employee. The exceptions are cases stipulated by the contract or the Labor Code. Art. 236 of the Labor Code of the Russian Federation also speaks of liability on the part of the employer or authorized persons for delayed salaries or other payments accrued to the employee.
Compensation
Delays in salaries and other payments are a gross violation by the organization’s management. According to Art. 236 of the Labor Code of the Russian Federation, if the head delays the payment of salaries, vacation pay, and dismissal, he must pay all funds, taking into account interest. Their size should not be lower than 1/300 of the refinancing rate of the Central Bank of the Russian Federation in a specific period of time. Settlement takes place from the second day of payment delay until the day of actual settlement. For 2017, the rate is 9%.
Example: an employer does not pay a salary of 18 days. The salary of an employee is 8000 rubles. At the current rate, compensation will be 43 p. 20 kopecks (8000 * 1/300 * 9% * 18).
Consequently, Art. 236 of the Labor Code of the Russian Federation takes into account the special procedure for calculating the deadlines for paying interest for delayed payments.
The right to suspend work
If the employer delays payments for more than 15 days, the employee may, having notified the supervisor, not go to work until all debt has been paid off.
At the same time, the legislation allows stopping labor activity not only when there is an employer's fault, but also in the absence of it. The Labor Code of the Russian Federation does not oblige an employee who has stopped working to be at the workplace. If an employee is delayed while paying while he continues to work, this can be regarded as forced labor.
The amount of compensation may be increased by the provisions of the collective or labor contract, internal regulatory documents.
When you cannot stop a workflow
Even despite the employer's obligation to pay material compensation for delayed payments (Article 236 of the Labor Code of the Russian Federation) and the employee’s right not to go to work, there are cases when suspension of work is unacceptable:
- The period of martial law and special situation, as well as emergency measures according to the law.
- When working in the bodies of the Armed Forces and other military units that are responsible for ensuring the country's defense and security, emergency rescue, search and rescue, fire fighting, as well as work to prevent or eliminate natural disasters.
- When working in government agencies.
- When working in an organization serving hazardous industries.
- When working at an enterprise that provides livelihoods for the population (electricity, heating, heat, gas, water, ambulance and emergency medical care).