Each employee has the right to receive a salary, and the employer must pay it. It can be charged on various systems. If the head of the company cannot pay earnings to employees on time, they may demand compensation. Such an opportunity is provided for in labor law. What to do if a salary delay has begun at the enterprise? Where to complain to employees? We will clarify this further.
Relevance of the problem
Failure by the employer to meet the deadlines set for the payment of salaries to employees is today a fairly common violation of labor law. For such misconduct, the employer may be held administratively, liable, or criminally liable. The Labor Code of the Russian Federation establishes a number of requirements for the procedure for accruing salaries. In particular, it should be calculated at least every 2 weeks. The period in which employees receive a monetary reward for their work is prescribed in the collective agreement. If it is violated, then employees are entitled to compensation for the delay in paying salaries. Moreover, the circumstances in which this happened will not matter. Compensation for the delay is also carried out in those cases when it occurred through no fault of the employer. At one time in the country, a delay in salaries to state employees took on an alarming scale. Currently, the situation has improved slightly, but a violation of the deadlines is still taking place.
Responsibility
Delay in payroll is punishable by:
- Fine, the size of which can reach 50 thousand rubles.
- Suspension of the enterprise for up to 3 months.
- Disqualification of the employer for 1-3 years.
The latter measure is applied in case of repeated violation of the terms of payment of salaries.
Accrual specifics
Monthly wage delay is calculated as a percentage of 1/300 of the Central Bank rate. Similarly, accrual upon dismissal, as well as when going on vacation. Compensation for delayed salaries is calculated for the entire amount, including advance payment and bonus. Compensation is not subject to tax. In the event that the day of receipt coincides with the holiday or weekend, accrual should be made in advance to prevent additional costs.
Employee Rights
If the delay in the payment of salaries is 2 or more weeks, the employee can notify the manager in writing that he is terminating his activities until the full repayment of the debt. The employee may also file a lawsuit. As practice shows, the requirements of employees are most often satisfied, even if the leader is not guilty of a delay in salary. The amount of compensation is determined by a court decision on the basis of an employment agreement. After the employee has applied, he has the right not to go to work. However, after a court decision is made in his favor, he is obliged to continue his professional activities at the enterprise. Otherwise, his absenteeism will be regarded as a disciplinary offense. As a rule, the employer repays the main debt, and does not calculate compensation for the delay in salary. This is precisely the reason for going to court. If the payment is delayed for more than 2 months, the employer may face criminal liability. It involves a fine of up to 120 thousand rubles, as well as imprisonment of up to 7 years.
Calculation of compensation for delayed salaries
Calculation is carried out according to the following formula:
Compensation = amount of debt x (% rate of the Central Bank / 300) x number of days of delay.
You can use the following scheme:
Compensation = s / n x number of days x 1/300 x st., Where:
- s / n - the amount of debt;
- days - delay period;
- St - refinancing rate.
Examples
Suppose an employee received an advance payment of 5 thousand rubles on the 20th day of the month. His salary is 15 thousand rubles. The employee received the salary on the 23rd of the following month. According to the schedule, the repayment period is 5th. In this case, there is a delay of 18 days. Compensation for delayed salaries is calculated using the rate of 0.082:
K = 10,000 x 18 x 1/300 x 0.082 = 49.19 p.
The amount of compensation is not so large, however, the employee must receive it. Consider another example. Under a collective agreement, compensation for the delay in salary is 0.06% for each day. Suppose that accrual for July 2014 and receipt of a salary for August were made on September 17 of the same year. The amount of debt in July is 30 thousand rubles, in August - 50 thousand rubles. The calculation is carried out in accordance with the terms:
- 30 thousand p. (for July) - 43 days (calculation is made from August 6);
- 20 thousand p. (advance for August) - 28 days (from 21.08 to 17.09);
- 30 thousand p. (salary for August) - 12 days (from September 6 to September 17).
The calculation will be as follows:
(43 x 30 x 0.06% + 28 x 20 x 0.06% + 12 x 30 x 0.06%) x 1000 = 1326 p.
Accrual nuances
As mentioned above, with a delay in salary, compensation is calculated at the Central Bank rate. This minimum may be increased under the terms of the employment contract. The first day of delay is the date following the date of payment of the salary according to the schedule. Last - the number of actual debt repayment. When changing the Central Bank rate, the calculation is carried out separately for each indicator. The amount of compensation is added to the salary. An employee may, upon written notice, cease operations in the enterprise. The law, however, establishes cases where an employee cannot exercise this right:
- With the introduction of a state of emergency.
- An employee works in an enterprise providing state defense capability, or in a state organization.
Salary delay: where to complain?
First of all, you should try to resolve the situation peacefully. To do this, the employee applies directly to the head with a statement on the payment of compensation for delay. If the employer has ignored the appeal, the employee writes a notification that he is suspending work. The manager must sign a copy of the notice. If he refuses to do this, then the notification can be sent by registered mail. After the notice that the tenant has received a letter arrives, work can be suspended.
At the same time, labor legislation obliges the head of the enterprise to pay a downtime in addition to compensation for delayed earnings. The accrual is carried out in accordance with the average monthly salary. If the manager sent a notice of his willingness to pay the debt, the employee should return to work. If, however, it was not possible to resolve the issue peacefully, the employee has the right to apply to the union with a demand to create a commission to resolve the labor dispute. It should include representatives of the team and the employer in equal numbers. You can apply to the union no later than 3 months from the first day of delay. The CCC must review and register the application within ten days and notify the employee. According to the decision of the commission, the head is obliged to pay off the debt within 3 days. If the employer disagrees, he can go to court.
Labour Inspectorate
An employee can write a statement to GIT. It must include information about yourself, name, address of the company, name of the director. The text of the statement should clearly state the essence of the problem, facts, indicate the amount and duration of the debt. If there is evidence of a delay in payment, it is advisable to attach them to the application. It is also advisable to make a copy of the employment contract. The application along with the applications can be brought in person or sent by registered mail. Consideration is carried out within a month. When a fact of violation of obligations is established, a notification will be sent to the employer with a request to pay off the debt. Moreover, the employee has the right to unilaterally terminate the contract with the tenant.
Going to court
The statement of claim is sent to the court with the application of evidence of employment. They are: a contract and a work book. The Code of Civil Procedure establishes the requirements for the preparation of the appeal. If they are not observed, the court may return the claim to the applicant. Upon meeting the requirements, the employee will receive a writ of execution. For principal debt it can be issued on the day the decision is made. As for the remaining amount, the writ of execution can be obtained after the entry into force of the court order. As part of the process, compensation for non-pecuniary damage may also be requested. In the event that the salary is accrued, but not paid, the employee has the right to apply to the justice of the peace. In this case, the proceedings are carried out in a special, orderly manner. At the end of the consideration of the appeal, a court order is issued. He is the writ of execution with which the employee goes to the FSSP.