What is the penalty for non-payment of wages? New salary law: new terms and penalties

Legislators have changed payment terms wages in 2016. Salary cannot be issued later than the 15th day of the following month. In addition, toughened liability of the employer to the employee increased penalties for violation labor law and the amount of compensation for non-compliance with the terms of payment of earnings. Innovations are provided for by Federal Law No. 272-FZ dated June 3, 2016 and will come into force on October 3, 2016. How can employers prepare for them? Do employment contracts need to be amended or does it make sense to issue payroll order? You will find answers to these and other questions in our article.

New payroll deadline

The commented law provides amendments to Article 136 of the Labor Code of the Russian Federation, which determines the timing of the payment of wages. Now this article does not establish specific dates for the issuance of earnings, they only oblige employers to pay earnings "at least every half a month."

From October 3, 2016, a new version of Article 136 of the Labor Code of the Russian Federation will come into force. As a result, there will be changes in salary payment terms in 2016. Article 136 of the Labor Code of the Russian Federation, as before, will provide that wages must be paid "at least every half a month." However, there will be a clarification that the salary must be paid no later than the 15th day of the next month. Specific terms of advance payments and salaries in 2016, as now, it will be possible to indicate in the internal labor regulations, collective or labor agreement. The change will affect the timing of the payment of bonuses from October 3. Cm. " ".

Salary and advance payment: payment terms

Keep in mind what is possible pay a salary ahead of time . This is not a violation of labor laws.

Check local regulations

Check employment contracts

If the term for paying wages in employment contracts meets the requirements of the commented law, then nothing needs to be done. However, it is possible that employment contracts allow the payment of wages after the 15th day of the following month (for example, the 17th day). Or, it is possible that a salary payment period is set, for example, from the 5th to the 12th. Then the employer needs to take measures by October 3, 2016 to ensure that the correct terms of payment of wages in employment contracts. After all, from October 3, the date of payment of salaries must be specific and unified.

Send a notification to the employee

To make changes to the employment contract, the employee must send a written notice. This notice must specify the reasons for changing the terms of the contract. At the same time, please note: the employer is obliged to notify the employee in writing no later than two months in advance (part 2 of article 74 of the Labor Code of the Russian Federation). Accordingly, in order to comply with the requirements of the Labor Code of the Russian Federation and have time to change the terms for paying salaries by October 3, 2016, it makes sense to send a notification to employees no later than August 3, 2016. Here is a sample notification of a change in the terms of an employment contract in connection with changing payroll dates.

Sign an additional agreement to the contract

It will also be necessary to conclude an additional agreement to the employment contract and stipulate new terms for the payment of wages.

This additional agreement will be sufficient to change payroll dates. To issue a separate order for this postponing salary payments not at all necessary. That's why sample letter of salary payment we do not publish in this article.

Increasing compensation for delayed wages

At delay in payment of wages the employer is financially liable. This is enshrined in article 236 of the Labor Code of the Russian Federation. The commented law clarifies the provisions of this article and, as a result, from October 3, 2016, the amount monetary compensation staff for late pay. Compensation is paid in the form of interest on the amounts not paid within the established period. The calculation of these percentages will change from October 3, 2016 and the compensation in favor of employees will become larger.

As is known, employer's pay period must always be observed. This is a legal requirement (Article 22 of the Labor Code of the Russian Federation).

Recall that now compensation is calculated according to the following formula:

Assume that the amount owed is $10,000. The delay period is 5 days. During the delay, the refinancing rate was 10.5%. Cm. " ". In this case, compensation will be 17.5 rubles (10,000 rubles × 10.5% / 300 × 5).

If, under the same conditions, compensation is calculated according to the new rules, then it will be more, namely 35 rubles (10,000 rubles × 10.5% / 150 × 5).
See also "".

Any working person must receive a salary at a certain time and full size. This right is guaranteed by the labor code and Russian legislation (Article 21 of the Labor Code of the Russian Federation, Article 37 of the Constitution of the Russian Federation). This article gives full review what kind of punishment is provided for the management with a constant delay in payment.

The responsibility of the employer for the delay in the payment of wages in 2019 is manifested in the following types:

• disciplinary punishment (Article 192 of the Civil Code of the Russian Federation) can be incurred by both the employer himself and his official representatives who allowed non-payment of wages and violated other rules for remuneration.
• material punishment (Articles 234-236 of the Civil Code of the Russian Federation) manifests itself in the form of accrual and payment of interest to the employee for those days of delay that followed the day of salary delay.
• administrative punishment (Article 5.27 of the Code of Administrative Offenses of the Russian Federation) occurs only if the guilt of the head or his representative is proven.
• criminal punishment: if the mercenary motives of officials are proven, arrest for up to two years may follow.

Disciplinary responsibility

Delayed salary due to the fault of the head or official representatives is improper performance their direct duties. This may entail receiving one of the disciplinary punishments in the form of a remark, reprimand or dismissal (Article 192 of the Labor Code of the Russian Federation). If the facts of the violation are proven, the employer applies appropriate measures of influence to the management of the institution (Article 195 of the Labor Code of the Russian Federation).

To conduct an audit, a representative of the interests of workers (this may be a trade union) applies to the employer with a corresponding statement, which indicates violations by the management. The employer is given 1 week to consider this document (Article 370 of the Labor Code of the Russian Federation). Then he takes measures to eliminate violations, chooses the form disciplinary punishment and notifies the applicant about this (Article 22 of the Labor Code of the Russian Federation).

The period of validity of this punishment is 1 year from the date of its issuance.

Material liability

This responsibility is imputed to the head for the delay in the payment of wages to employees. Employees have every right to demand remuneration from the employer, as well as to receive interest for its delay and reimbursement of incurred moral damage. At the same time, the fact for what reason there was a failure in the issuance of pay does not play any role. Find out more about the rights of workers in case of delayed payment of wages.

The employer has 15 calendar days for the issuance of wages from the time of the end of the period for its accrual (Article 136 of the Labor Code of the Russian Federation). Exact date payment is determined internal regulations institutions and backed by an appropriate agreement.

Compensation

Additionally

Compensation for late payment of wages:

• are not subject to personal income tax;
• are not taken into account in income tax expenses;
• are subject to insurance premiums for compulsory insurance in the same way as wages.

Since October 2016, the accrual procedure has changed. Interest is accrued in accordance with the key rate of 1/150 (Article 2 No. 272-FZ of July 3, 2016). For example, a company's fixed pay date is the 10th of each month. The employee's remuneration for January (50,000 rubles) was made on 02/20/2017. For 10 days (from February 10, 2017 to February 20, 2017 inclusive), taking into account the rate of the Central Bank of the Russian Federation (10%), compensation in the amount of 333 rubles was accrued.

Previously, this rate was 1/300. Thus, minimum size the amount for compensation is doubled by the Law. At the request of the employer, the amount of compensation can be increased and must be specified in the labor agreement or local regulatory act (Article 236 of the Labor Code of the Russian Federation).

Payment for overdue wages is the direct responsibility of the employer: the employee does not need to submit any documents or complain to higher management. Compensation is paid at the same time with the delayed salary amount.

Suspension of official duties

The employee may not come to workplace until the day of payment of wages, if the delay in wages exceeds 15 days (Article 142 of the Labor Code of the Russian Federation). You must communicate your desire to management in writing.

When management begins making payments, that employee is notified by a notice in writing. After receiving it, he must go to his workplace. If he did not do this, this act is regarded as absenteeism.

All days for the period of suspended work must be paid in the amount of the average wage (document No. 14-2-337 of the Ministry of Labor of Russia dated December 25, 2013). Read about payment for forced downtime due to the fault of the employer.

It is worth noting: on the issue of suspension labor activity there are some nuances. Such acts of self-defence are only legal in the event of a delay in the payment of wages. If the employee was not paid vacation pay, and he decided not to go to work after the vacation until they are paid, then this will qualify as absenteeism. To defend the payment of vacation pay on time, there is another mechanism of influence.

• military and civil servants;
• people supporting the life of people (electricians, doctors, etc.) or working in especially hazardous industries and equipment;
• when a state of emergency is declared.

Administrative responsibility

Punishment can occur only if the leader is guilty of failing to meet the deadlines for remuneration.

The employer is responsible for the delay in wages with the following consequences (Article 5.27 of the Code of Administrative Offenses of the Russian Federation):

• manager and individual entrepreneur: a warning or a fine of 1000-5000 rubles. Repeatedly ─ up to 20,000 rubles (part 4 of article 5.27 of the Code of Administrative Offenses of the Russian Federation), a ban on holding a position for no more than 3 years.
• fine for the institution: 30,000-50,000 rubles. In case of a repeated incident, a punishment of up to 70,000 rubles follows (part 4 of article 5.27 of the Code of Administrative Offenses of the Russian Federation).

Day off

If the deadline for issuing a salary falls on a weekend or non-working holiday, it is issued before this day (Article 136 of the Labor Code of the Russian Federation). For example, wages must be issued on the 8th of every month. Then the funds for February 2017 are paid to employees on 03/07/2017 on Tuesday, since 03/08/2017 is a non-working holiday (International women's Day). Information on paying for work on a day off according to the Labor Code can be found in the article. If these requirements are not met, the employer may be subject to an administrative fine.

Attraction to is possible only through the court. Administrative proceedings are initiated, the corresponding protocol is drawn up. If a delay in the payment of wages is detected, the state labor inspectorate issues an order for its repayment within a month. Salaries should be received not only by employees, but also by laid-off employees.

Inspectors control the process of remuneration, enter in a special register of employers who have violated the Labor Code. These data are submitted to the prosecutor's office.

Watch the video on criminal liability for non-payment of wages

Criminal liability

This type of liability for delayed payment of wages occurs when one's own interests or monetary motives are proved and is punished following measures(Article 145.1 of the Criminal Code of the Russian Federation):

• recovery of up to 500,000 rubles;
• a fine commensurate with salary or other sources of income for the last 3 years;
• a ban on holding a certain position for no more than 5 years;
• forced labor for up to 3 years;
• arrest for no more than 3 years.

The measure of punishment is chosen depending on the type of non-payment. Partial non-payment of wages implies a payment of less than half of the due amount. Criminal liability occurs with partial non-payment for more than 3 months and the employer's selfish goals. Full non-payment is understood as non-payment of all earnings for 2 months or for the same period the payment of wages below the minimum wage. With proven malicious intent of the employer, he will face a more severe punishment than with partial non-payment.

The severity of the consequences is determined by the court through careful consideration of a particular case. The duration of the crime, the amount of wage arrears, the number of victims, etc. are taken into account.

The delay in the salary of employees entails significant consequences for the employer and institution. You should be very careful about observing the terms of remuneration, otherwise problems cannot be avoided.

Have questions about employer liability? Ask them in the comments to the article

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 his employees within the time limits 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.

Delayed Wage Act 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 law contract. This option provides for the registration of any terms of remuneration that suit both parties. This agreement is written directly into the contract.

Under the Labor Code in 2019, salary delays are allowed for a period of no more than 15 days. This is spelled out in the amendments dated October 3, 2016 to Art. 136 of the Labor Code of the Russian Federation. This admission implies that the employer has the right to delay the payment for 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).

Payroll dates must be recorded in at least one of the following documents:

• in an 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 salary delay

Additionally

There are certain cases when it is unacceptable to stop work:

• employees of rescue and emergency services, military, firefighters;
• in a state of emergency;
• civil servants;
• employees who provide special services dangerous species production, equipment;
• workers who provide the livelihoods of the population ( ambulance, water supply, gas supply, energy supply, heating, communications).

Based on the norms of the law, if the salary is delayed for more than 15 days, the employee can take the following actions:

• write a notice addressed to the employer stating that due to a delay in payments for more than 15 days, he stops performing his official duties. This document must be drawn up in 2 copies, one remains with the employer, and on the other responsible person who accepted the notification must sign the acceptance. This is necessary so that the employee is not issued absenteeism, and to prove the legality of 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 the employer gives written notice of the intention to pay wages;
• file a lawsuit in court for violation of civil rights.

If the delay in wages exceeds 3 calendar months, then the employee, in addition to the actions listed above, can apply to the arbitration court to declare the company in which he works bankrupt. The court will take the case into 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 the court (a sample statement of claim for non-payment of wages can be found).

If at an enterprise or organization the salary is delayed for several employees, then it is better to defend your rights together. Collective applications in state bodies will be considered faster than individual ones, and they will also have a greater chance of a positive result.

When referring to all government bodies it is necessary to submit a written application indicating the fact of delay in wages, the timing of the delay, the exact details of the company and your personal data. Submit supporting documents if available.

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

Consequences for the employer in case of delay in payments

Non-fulfillment by the employer of the terms of the employment contract, including delay in payments, entails any reciprocal impact.

List of possible consequences:

• termination of labor activity of company employees in case of non-payment of wages for more than 15 days after the period specified in the labor or collective agreement (Article 142 of the Labor Code of the Russian Federation);
• based on average earnings;
• taking measures of administrative and (or) financial responsibility, including the payment of monetary compensation to employees. Administrative liability involves the imposition of a fine, suspension of the company;
• bringing to criminal responsibility;
• initiation of bankruptcy proceedings by employees of the enterprise in case of delay in payments for more than 3 months.

It is worth noting: in the event that wages are paid to employees according to a gray or black scheme, then even in the judiciary 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 an employee with delayed wages

Monetary compensation for the delay in the payment of wages is one of the measures to stimulate the timeliness of payments. As a rule, it represents a certain interest accrued on the amount of the debt. Payment of compensatory interest in case of delayed wages is the responsibility of the employer, regardless of what the reasons for delaying payment were (Article 236 of the Labor Code of the Russian Federation).

The minimum amount of compensation accruals, according to Federal Law No. 272 ​​of 03.10.2016, is equal to 1/150 of the key rate of the Bank of Russia on 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 salary delays before applying to various government agencies within the team. To do this, the company creates a commission on labor disputes. It should consist of representatives from the employee and from the employer in equal numbers. The commission is solving the problem within 10 days. If a peaceful settlement fails, then further it is necessary to apply to the state supervisory authorities.

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

Liability for non-payment of wages — important question because not all employers pay their employees on time. Liability for non-payment of wages may range from a liability to pay minor interest on late payments to imprisonment. Details in the article below.

Delay in payment of wages in terms of the law

In accordance with Article 142 of the Labor Code of Russia, employees must be paid at least 2 times a month (every half a month). The specific payment date is set by local regulations organizations: labor or collective agreement, internal regulations.

Important: if the payday falls on a weekend or holiday, payments must be made the day before. The presence in the contract of other conditions does not comply with the law, which means that they are invalid.

The grounds for holding the employer liable for non-payment of wages arise from the 1st day of delay. And starting from the 16th day, paragraph 3 of Article 142 of the Labor Code of the Russian Federation allows employees to suspend the performance of their official duties by notifying the employer in writing. This does not deprive the employee of the right to receive a salary, including for the time during which he did not actually perform the labor functions.

Responsibility of the employer for non-payment (delay in payment) of wages

The right of workers to wages is protected at the legislative level. Therefore, for non-payment of wages for employers, various measures of responsibility, up to and including criminal liability, are provided.

Material liability

According to the provision of Article 236 of the Labor Code of the Russian Federation, an employer who has delayed the payment of wages is obliged to pay not only the resulting debt, but also monetary compensation, which is at least 1/300 of the current refinancing rate of the Central Bank of Russia from the unpaid amount for each day of delay, starting from the 1st .

Important: a different amount of compensation may be established in an employment or collective agreement, but it should not be lower than that provided for by the Labor Code.

• salary - 20,000 rubles;
• payment delay period - 30 days;
• the refinancing rate in 2016 is 10.5% (1/300 = 0.035%).
• 0.035% of 20,000 = 7 rubles;
• 7 × 30 = 210 rubles.

Thus, taking into account the wage arrears, the employer must pay the employee cash in the amount of 20,210 rubles, including wage arrears.

Liability for non-payment of wages occurs regardless of the reasons for the delay. Until 2006, the situation was different: the employer was exempted from paying interest for a number of reasons. For example, in cases where an employee refuses to receive a salary or embezzlement Money. The current labor legislation provides for liability, regardless of the presence or absence of the employer's fault.

Important: in accordance with paragraph 55 of the decision of the Plenum of the Supreme Court of Russia dated March 17, 2004, an employee has the right to demand indexation of the amount of wage arrears to the level of current inflation.

If the employer refuses to voluntarily repay the debt, as well as interest for late payment of wages, the only way to get your money back is to go to court with a corresponding claim.

Administrative responsibility

Non-payment or delay in the payment of wages falls under Part 1 of Article 5.27 of the Code of Administrative Offenses of Russia. Officials or individual entrepreneurs who have violated the rights of employees to wages will face a fine in the amount of 1,000 to 5,000 rubles. Slightly higher sanctions for legal entities - from 30,000 to 50,000 rubles.

The punishment is not too burdensome, but in the event of a “relapse”, that is, a repeated similar offense, individual entrepreneurs and officials will pay from 10,000 to 20,000 rubles, while the latter may be deprived of the right to occupy leadership positions for a period of 1 to 3 years. Legal entities they will also lose a more serious amount - from 50,000 to 70,000 rubles.

An application for bringing the employer to administrative responsibility must be addressed to territorial subdivision State Labor Inspectorate at the location of the enterprise. Another body empowered to impose a fine is the court.

Criminal liability

If the employer delays part of the salary for more than 3 months or the full salary for more than 2 months, he faces criminal liability and, as a result, imprisonment, the term of which in especially serious cases reaches 5 years.

Criminal liability for non-payment of wages (non-payment of wages under the Criminal Code of the Russian Federation)

Article 145.1 of the Criminal Code of Russia provides for liability for non-payment of wages for a long period of time. Thus, a partial delay of more than 3 months in accordance with Part 1 of Article 145.1 of the Criminal Code of the Russian Federation provides for the head of an organization (including a branch or structural unit) or individual entrepreneur one of the following punishments:

• a fine of up to 120,000 rubles or in the amount of an annual salary (in some cases, an additional sanction may be applied - deprivation of the right to hold a certain position or engage in entrepreneurial activity within 1 year);
• forced labor or imprisonment for up to 1 year.

If the salary is not paid in full for more than 2 months, liability arises under part 2 of article 145.1 of the Criminal Code of the Russian Federation, where the punishment is somewhat stricter:

• a fine from 100,000 to 500,000 rubles or in the amount of a salary for 3 years (the term of official restrictions is increased to 3 years);
• forced labor or imprisonment for up to 3 years.

The most severe punishment awaits the employer if the failure to pay or delay in payment caused serious consequences. It's about, for example, about the suicide of an employee, the illness of his relatives, etc. - provided that a causal relationship has been established. That is, there must be irrefutable evidence that the employee committed suicide precisely because he was not paid a salary.

Important: bringing the employer to criminal liability is possible only if he has a selfish or any other personal interest that caused the salary delay. For example, if it is proved that the head allowed the misuse of funds intended for the remuneration of employees.

Investigators are engaged in the investigation of criminal cases on crimes provided for by Article 145.1 of the Criminal Code of the Russian Federation Investigative Committee. Therefore, an application to bring the employer to criminal liability for non-payment of wages should be addressed to the territorial department of the UK.

Another option is to contact the labor inspectorate, whose employees have the right to conduct an audit and independently send an appropriate conclusion to the Investigative Committee or the prosecutor's office based on its results.

It is also not forbidden to file an application with the police - the police officers are obliged to accept it and send it according to jurisdiction, that is, to the department of the Investigative Committee at the scene of the crime.

What to do if you didn't get paid

You can start asserting your rights from the 1st day of delay. But for starters, it’s still worth asking the employer or the responsible employee of the accounting department about the reasons for the late payment of wages and the expected timing of the elimination of this violation. If a visit to the manager did not bring results, it is appropriate to take a number of measures (for more details, see What to do if you do not pay (delay) your salary? Where to go? 2014-2015).

Contacting the Labor Inspectorate

An application to the inspection is drawn up in free form, but it must contain the following details and data:

• the full name of the organization, as well as the surnames, first names and patronymics of the first head and chief accountant (if the latter is absent, the accountant or other employee responsible for calculating and issuing wages);
• title of own position and length of service at the enterprise;
• information about the amount of salary, the established date and method of payment, exact time delay in days.

Employees of the labor inspectorate are required to conduct an inspection and issue a conclusion on the presence or absence of a violation of the rights of workers to wages. Following are several options:

• sending an order to the employer on the immediate repayment of salary arrears;
• notice law enforcement about detected violations (at the same time, a notification can be sent to the tax office).

Suspension of work

After 15 days of delay, the employee has the right to suspend the performance of labor duties until the full payment of wages. The main thing is not to forget to inform the employer in writing about this in advance. Usually, a notice of suspension of work is issued in a statement indicating the reasons for such a decision.

TIP: the application for suspension of work should be handed over to the manager or secretary against receipt. If for some reason this is not possible (for example, the boss refuses to sign), you need to use the postal service by sending a registered letter with a mark of delivery to the addressee. Otherwise, it will be practically impossible to prove proper notice to the employer of the intention to suspend work.

Important: not all categories of workers have the right to suspend work due to non-payment of wages. In accordance with article 142 of the Labor Code of the Russian Federation, this is prohibited:

• civil servants;
• employees whose official duties ensure the vital activity of people (gas, electricity, water, heat supply, emergency and urgent health care etc.);
• employees employed in particularly hazardous industries.

Going to court

Litigation is a rather lengthy procedure, so it is better to combine the filing of a statement of claim with the suspension of work. But first, it is worth clarifying some of the nuances that are important for the outcome of the case:

1. Has the salary been paid? For cases where there are no disputes about the presence of wage debt, as well as its amount, a simplified procedure for proceedings is provided. That is, executive documents can be issued almost immediately.
2. Is the non-payment of wages related to the withholding of part of it (especially true for partial delays). Maximum size the deduction cannot exceed 50% of the total salary. In addition, in accordance with Article 137 of the Labor Code of the Russian Federation, deductions are made only in the following cases:

• return of overpaid advance for travel expenses;
• return of overpaid amounts due to calculation errors;
• upon dismissal - upon payment of wages for actually unworked days (except for dismissal due to staff reduction, change of ownership or liquidation of the enterprise, conscription into the army, state of health).

In addition, deductions can be made on the basis of an executive document received by the employer. Overpaid wages are non-refundable (except in cases where the employee’s fault in committing unlawful acts is established in judicial order).

Did not pay salary upon dismissal: what to do

In accordance with Article 140 of the Labor Code of the Russian Federation, wages and other amounts of money due to an employee must be paid directly on the day of dismissal.

Payments due

The employer is obliged to pay the employee in full upon dismissal:

• wages for all actually worked days of the previous month (as well as pay off wage arrears, if any);
• annual payment (13th salary), if such is provided for by the collective agreement, bonus regulation or other local act of the enterprise - in proportion to the hours worked during the year preceding the dismissal;
• compensation for unused vacations.

In addition, in accordance with Article 178 of the Labor Code of the Russian Federation, in the event of dismissal due to a reduction in staff or the liquidation of an organization, an employee has the right to receive:

• severance pay in the amount of average monthly earnings;
• benefits for the period of employment - also in the amount of average monthly earnings (after 2 months after dismissal).

IMPORTANT! If an employee, within 14 days from the date of dismissal, registered as unemployed (applied to the employment center), but was not employed, the allowance for the period of employment is paid within 3 months.

If the employer fails to provide all due payments, the dismissed employee has the right to take the same actions as the current employee in case of non-payment of wages to him.

However, before applying to the court or the prosecutor's office with a complaint about the actions of the employer, it is necessary to submit a claim to the latter demanding to pay all the due amounts of money in full. Otherwise, it is possible to lose part of the payments if the employer claims that the employee himself did not appear to receive the calculation.

Effective October 2016 the federal law dated July 3, 2016 No. 272-FZ on encouraging employers to pay wages to employees on time. In full and in size, not lower than the minimum wage. main reason the adoption of a new law is a catastrophic situation with salaries that has developed in Russia over the past year and a half. Legislative novelties regarding the punishment of employers for delaying wages for BUKH.1C were commented by a taxation expert Igor Karmazin, and examples of compensation for delayed wages in "1C: Salary and personnel management 8" were given by 1C experts.

Only according to official data from Rosstat, the total wage arrears amounted to 3.5 billion rubles as of October 1, 2015. On average, over the month of last year, wage debt increased by 230-250 million rubles. By the beginning of 2016, the debt had already exceeded 4 billion rubles.

According to Rostrud data as of July 1, 2016, the situation has improved somewhat, but not by much. Now wage arrears in Russia amount to 3.8 billion rubles. These are just the official numbers. And all this is happening against the background of falling real incomes of the population, layoffs and massive violations of labor rights. For example, over 9 months of 2015, state labor inspectorates revealed more than 80,000 violations. Moreover, half of them are connected precisely with the delay and non-payment of salaries.

Cheat sheet on the article from the editors of BUKH.1C for those who do not have time

1. In October 2016, Federal Law No. 272-FZ, designed to encourage employers to pay wages to employees on time.
2. After the entry into force of Law No. 272-FZ, employers will be required to pay wages no later than 15 calendar days from the end of the period for which it was accrued.
3. From three months to a year, the period during which employees can declare their violated rights in court is extended.
4. Claims for the restoration of labor rights can be brought to the court at the place of residence of the employee.
5. The powers of labor inspectorates are being expanded, which will be able to conduct unscheduled inspections of enterprises based on workers' complaints about non-payment of wages.
6. Employers will be fined for all violations of the rules that are marked in the Labor Code of the Russian Federation as mandatory for employers.
7. The fines for non-payment or incomplete payment of wages and for violating the labor rights of workers are being increased.
8. The amount of monetary compensation for delayed wages has been increased from 1/300 to 1/150 of the key rate of the Central Bank of the Russian Federation.

In this regard, the Government of the Russian Federation decided to significantly tighten the requirements of labor legislation, and at the same time increase the responsibility of employers. In order to prevent massive violations in the labor market, Law No. 272-FZ proposes a whole range of measures to restore order in this area.

In particular, the list of obligations of employers in relation to their employees is expanding. The latter receive a number of additional guarantees that their economic interests will be observed. At the same time, the disciplinary, material, civil and administrative liability of employers is being tightened.

New rights and obligations of employers and employees

Fixed payroll deadline

After the entry into force of Law No. 272-FZ, employers will be required to pay wages no later than 15 calendar days from the end of the period for which it was accrued.

Wages must be paid at least every half month. The specific date for the payment of wages is established by the internal labor regulations or the employment contract. But subject to the above limitation. Violation of this rule will result in a fine for non-payment of wages. In addition, persons guilty of this violation may lose their positions and jobs.

Extended time to file a lawsuit

The law greatly increases the period during which employees can claim their violated rights in court. For the resolution of an individual labor dispute about non-payment or incomplete payment of wages and any other payments, the employee will now be able to apply to the court within one year. This period is calculated from the day of the established date of payment of the said amounts.

Let's say the salary payment deadline is scheduled for the 20th of July 2016. The salary is not paid. The employee will have the right to apply to the court until July 20, 2017. This rule applies equally to cases of non-payment of wages and other payments due to the employee, for example, upon dismissal.

Recall that now the statute of limitations for labor disputes is only three months, which is clearly not enough to restore violated rights. Often, employers deliberately delay this period with promises of future payments, and with all the due interest. When the statute of limitations expires, the workers find themselves with nothing. Law No. 272-FZ corrects the situation.

Changed the place of application to the court

The procedural side of the issue is also simplified. Demand due payments will become much easier, since the law allows claims for the restoration of labor rights to be brought to the court at the place of residence of the workers themselves. Moreover, it does not matter whether the office of the employer is located in the place of residence of the employee or whether it is several thousand kilometers away.

Now the Civil Procedure Code of the Russian Federation provides employees with the opportunity to file claims only at the location of the employer or at the place of execution of the employment contract. In this regard, many "remote" employees often simply say goodbye to their salaries in favor of their nerves, time and expenses for traveling to another city for court hearings.

Expanding the powers of labor inspectorates

In order to tighten control over the observance of the rights of workers to receive wages on time, legislators have expanded the powers of employees of state labor inspectorates. Currently, inspectors are actually deprived of any independence in the field of inspections of enterprises and individual entrepreneurs. They can only obtain permission to conduct an unscheduled inspection from the prosecutor's office.

For example, the company has formed a multi-month debt to employees. But the labor inspectorate cannot raid a problematic object with an unexpected check. The law fills this gap. According to the new rules, inspectorate officers have the right to conduct unscheduled inspections of enterprises based on complaints from employees about non-payment of wages. It is not necessary to coordinate such checks with the prosecutor's office; it will be enough to send a notice of the check to the prosecutor's office.

Increase in fines

As promised by legislators at the stage of project development, they will be fined for literally everything. For all violations of the rules that are marked in the Labor Code of the Russian Federation as mandatory for employers. Such a “punishment” as a warning will also be applied much less frequently. According to legislators, this set of measures will not only strengthen labor discipline management of enterprises, but will also be able to replenish the budget.

Penalties for non-payment of wages

The main purpose of the law is to increase fines for non-payment of wages. Now this violation can go completely unpunished, or be limited to a modest fine. For example, according to Part 1 of Article 5.27 of the Code of Administrative Offenses of the Russian Federation, at present, liability for officials guilty of delaying wages entails a warning or a fine in the amount of 1 to 5 thousand rubles.

Under the new rules, non-payment or incomplete payment of wages on time is allocated to a separate offense (Part 6 of Article 5.27 of the Code of Administrative Offenses of the Russian Federation). At the same time, fines also increase. For example, a fine for officials who made a one-time delay in payments will be from 10 to 20 thousand rubles, and the warning will no longer be applied.

Repeated non-payment of salaries will further increase the fines for individual entrepreneurs and organizations. Individual entrepreneurs will pay a fine in the amount of 10 to 30 thousand rubles (now - from 10 to 20 thousand rubles), and legal entities - from 50 to 100 thousand (now - from 50 to 70 thousand rubles). Officials Those guilty of repeatedly delaying wages (more than once) may also be subject to disqualification for a period of one to three years. In other words, lose your job.

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Penalties for violation of labor rights of employees

Any violation of the labor rights of employees will threaten the employer with a fine. For example, violation of the regime of work and rest, involvement of minors in work without permission, illegal involvement in overtime work, the establishment of an overestimated probationary period is a very common situation. According to Law No. 272-FZ, all these violations will "cost" officials from 1 to 5 thousand rubles. Individual entrepreneurs will pay a fine from 1 to 5 thousand rubles, and organizations - from 30 to 50 thousand rubles.

Repeated violation of the rights of workers will further increase the fines. For individual entrepreneurs, the amount of the fine is set at a rate of 10 to 20, for legal entities - from 50 to 70 thousand rubles. Officials responsible for the repeated violation of the Labor Code of the Russian Federation will pay from 10 to 20 thousand rubles.

Increasing the amount of monetary compensation for delayed wages

Simultaneously with the increase in the size of fines, the amount of monetary compensation paid to employees for delayed wages, vacation pay, bonuses and other payments increases. This amendment was introduced into the legislation in connection with numerous complaints from employees. They stated that due to the lack of legally earned money, they were forced to take loans from banks. At the same time, interest on loans exceeded the amount of compensation.

For this reason, the law No. 272-FZ increases compensation from 1/300 to 1/150 of the key rate of the Central Bank of the Russian Federation. Approximately (but not in all cases) this covers the interest that banks charge citizens for consumer loans. Compensation is calculated for each day of delay in payment. Interest begins to “drip” the very next day of delay in payment (initially, at the stage of developing amendments, it was planned to accrue interest after 6 months from the date of payment of wages).

In case of incomplete payment of wages on time, the amount of interest is calculated from the amounts actually unpaid on time. Tellingly, the obligation to pay compensation arises regardless of whether the employer is at fault. Even if there was a financial crisis, force majeure or the director of the enterprise was denied a bank loan, the organization will have to pay compensation for late payment of salaries.

According to legislators, the introduction of these new rules will greatly facilitate the situation in the field of wages. At the very least, the increase in fines and the increase in the time for going to court is undoubtedly a big plus in favor of ordinary employees of organizations and individual entrepreneurs.