New salary law: new terms and penalties.

October 03. FROM today new rules regarding the payment of s come into force. These changes were introduced by Federal Law No. 212-FZ of July 03, 2016 “On Amendments to Certain Legislative Acts Russian Federation on issues of increasing the responsibility of employers for violations of the law in terms of wages”. Correspondents of "Political Class" decided to find out what these new rules are and what these changes mean for employers and employees.

New payment date wages

The amendments provide for a change in Article 136 of the Labor Code of the Russian Federation (Labor Code of the Russian Federation), which defines the terms of payment. Until October 3, this article did not set specific dates for the payment of wages, but only obliged employers to pay it at least once every half a month.

Starting October 3, the payment deadline will change. Article 136 of the Labor Code of the Russian Federation, as before, will provide for the payment of wages at least once every half a month, but there will be a clarification that it must be issued no later than the 15th next month. Specific terms for the payment of advances and wages, as now, can be prescribed in the internal regulations, labor or collective agreement.

It should be noted that, as a rule, employers pay wages by the 15th day of the month following the month of accrual. That is, many employers are already complying with the new rules. However, despite this, all employers should double-check the content of local regulations containing labor law norms, as well as employment contracts, and, if necessary, change the salary payment period.

Salary and advance payment: payment deadline

No more than 15 days must elapse between the advance payment and the payment of wages. So, for example, if an organization pays an advance to employees on the 20th, then wages must be paid no later than the 5th of the next month. Or if the advance is paid on the 25th, then the salary is not later than the 10th. Thus, the requirement to pay “wages at least once every half a month” will be observed. If the organization violates this requirement, then, according to article 5.27 of the Code on administrative offenses Russian Federation (CAO RF) , administrative liability in the form of a fine of up to 50 thousand rubles will be applied.

Important! You can pay wages and ahead of schedule- this will not be considered a violation.

Local regulations and employment contracts

All employers should check local labor law regulations. Many employers prescribe the terms for paying salaries in these acts - the legislation allows this, but the terms for paying salaries in these documents must strictly comply with the law. If local acts do not correspond to the new changes, then it is necessary to make changes before October 3 and familiarize (under signature) employees with these changes.

If the salary payment deadline specified in the employment contract is correct, then the employer does not need to do anything. However, it also happens that the salary payment period in the employment contract is set after the 15th (for example, the 17th) or the payment period is set (for example, from the 5th to the 12th), in this case, the employer needs until October 3 perform a series of procedures.

Send a notification to the employee

In order to make changes to the employment contract, the employee must send a written notice, in which the reasons for changing the terms of the contract should be indicated. Moreover, according to Article 74 of Part 2 of the current Labor Code, the employer is obliged to notify the employee of changes in the employment contract in writing no later than 2 months in advance. Therefore, in order not to violate the requirements of the law, the notification had to be sent no later than August 3. A sample notification of changes in the terms of an employment contract due to changes in the terms of payment of wages can be found on our website:

Sign an additional agreement

The next step is the conclusion of an additional agreement to the employment contract.

An additional agreement will be enough to change the terms of payment of salaries. There is no need to issue any order.

Increasing the amount of compensation for delayed payment of wages

If the deadlines for paying wages are violated, the employer becomes liable - this is enshrined in Article 236 of the Labor Code of the Russian Federation. The amendments, effective October 3, clarify this article and increase the amount monetary compensation employees for late pay. Compensation is paid in the form of interest on unpaid wages within the specified period.

The amount of interest for delayed payment of wages:

Now: 1/300 of the refinancing rate of the Bank of Russia

Calculation of compensation for delayed payment of wages = salary arrears x 1/300 of the refinancing rate x number of days of delay.

For example, the amount of salary arrears amounted to 10,000 rubles. The delay period is 5 days. During this period, the refinancing rate was 10.5%. In this case, compensation for delayed wages will be 17.5 rubles. (i.e. 10,000 rubles x 10.5% / 300 x 5 days).

Under the new rules: compensation will be 35 rubles. (i.e. 10,000 rubles x 10.5% / 150 x 5 days).

New fines

The amendments provide for an increase in administrative fines for late payment of wages. For comparison, the new and old sizes of fines for violating the deadline for paying wages are shown in the table.

In addition to a fine for late payment of wages, the employer may be fined if wages are below the minimum wage. In this case, the fine for the organization will be 320,000 to 50,000 rubles.

Important! We remind you that it is 7,500 rubles. Moreover, if a regional minimum wage is established, then the employer has the right to focus on it.

More time to defend your rights in court

Starting today, employees will have more time to apply to the court to protect their rights related to non-payment or incomplete payment of wages and other amounts due.

A claim against the employer can be filed within 1 year from the date of setting the deadline for payment of the specified amounts. Prior to the adoption of these amendments, employees had only 3 months. In other words, the statute of limitations for cases related to the payment of wages has increased.

conclusions

Based on the foregoing, we bring to your attention a brief conclusion:

• the second part of the salary for the worked month must be issued no later than the 15th day;
• compensation for a day of delay in the payment of wages will be 1/150 of the key rate of the Central Bank of the Russian Federation;
• repeated delay in paying wages threatens the company with a fine of up to 100 thousand rubles.
• if the salary is below the minimum wage, then the company faces a fine of up to 50 thousand rubles.
• The statute of limitations for cases related to the payment of wages is 1 year.

New salary payment terms in 2016: what has changed

Legislators changed the terms of payment of wages in 2016. Salary cannot be issued later than the 15th day of the following month. In addition, the liability of the employer to the employee has been tightened, fines for violation of labor legislation and the amount of compensation for non-compliance with the terms of payment of earnings have been increased. Innovations are provided for by Federal Law No. 272-FZ dated June 3, 2016 and will come into force on October 3, 2016.

New payroll deadline

The commented law provided for amendments to Article 136 of the Labor Code of the Russian Federation, which determines the terms for paying 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. In this regard, there will be a change in the terms of payment of salaries 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 for the payment of advances and salaries in 2016, as now, can be specified in the internal labor regulations, collective or labor agreement. The change will affect the timing of the payment of bonuses from October 3.

Terms of payment of bonuses under the new law on wages: what has changed

What are the deadlines for paying bonuses under the new wage law in 2016? This is a question on the minds of many accountants. Since from October 3, 2016, the law enters into force, which introduced the deadline for the payment of wages - no later than 15 calendar days from the end of the period for which it was accrued. After the adoption of this law, information of this kind appeared in some media: “legislators have forbidden paying bonuses to employees” or “they will be fined for paying bonuses.” But is it really so? How does the new law affect the payment of bonuses? What will change in the work of an accountant? Let's figure it out.

Introductory information

Federal Law No. 272-FZ of June 3, 2016 comes into force on October 3, 2016. From this date, a new version of Article 136 of the Labor Code will be in force, providing that the employer is obliged to pay wages to employees no later than the 15th day of the month following the month worked. That is, all employers will be required to pay wages for October no later than November 15, 2016. If the day of payment of the salary falls on a weekend or holiday, then the salary will need to be paid, as before, no later than the last working day before this weekend or holiday (part 8 of article 136 of the Labor Code of the Russian Federation).

The new wording of Article 136 of the Labor Code: “Wages are paid at least every half a month. The specific date for the payment of wages is established by the internal labor regulations, the collective agreement or the employment contract no later than 15 calendar days from the end of the period for which it is accrued.

When to pay premiums

Bonuses are incentive payments that employers can pay to employees for conscientious performance of labor duties or achievement of certain labor indicators.

Bonuses may be included in wages (part 1 of article 129 of the Labor Code of the Russian Federation). To do this, bonuses must be provided for, for example, by the provision on bonuses or the employment contract. These documents prescribe, among other things, the rules for bonuses:

• indicators for which the premium is calculated
• premium calculation procedure
• conditions under which the premium is not awarded

The bonus established in this way is an element of the wage system. And if so, then according to the new article 136 of the Labor Code of the Russian Federation, from October 3, bonuses must also be paid no later than 15 calendar days from the end of the period for which bonuses are accrued. And this, indeed, can lead to certain problems. Let's take everything in order.

What are the prizes

Depending on the frequency of payment, the following types of premiums are distinguished:

At the same time, depending on the grounds for paying bonuses, they can also be divided into production and non-production.

Production bonuses

Monthly, quarterly and annual bonuses can be either operational (for example, monthly bonuses that are part of the salary) or non-productive (for example, monthly bonuses for employees with children). However, more often the payment of these bonuses, nevertheless, is inextricably linked with the results of work and the achievements of employees. After all, few employers can afford to pay bonuses without taking into account performance.

Monthly bonuses

Most employers pay monthly bonuses based on the results of a month already worked. However, before issuing a bonus order, management needs some time to evaluate the performance for this month: for example, it is necessary to analyze sales reports and / or compare historical data with previous periods. And only after the analysis, make a decision about who is entitled to a monthly bonus and who is not.

According to the new law, the monthly bonus, for example, for October 2016, can no longer be paid later than November 15. But will all employers in the country for the period from November 1 to November 14 be able to analyze and evaluate the performance of the past month, highlight good employees and accrue bonuses?

Some employers pay various bonuses as bonuses, which are formed from a variety of indicators, which also need to be generalized. Will all employers manage to do this in such a short period?

Many organizations have developed a practice when bonuses for a month worked are paid only after one or two months. This is quite justified when indicators are collected from all separate divisions or branches, and only after that the budget is distributed and bonuses are accrued. What should they do after October 3, 2016? If you strictly follow the new wording of Article 136 of the Labor Code of the Russian Federation, such terms become “outlawed”.

Quarterly bonuses

If the employer pays a quarterly bonus for performance, then such a bonus is also considered an incentive part of the salary (Article 129 of the Labor Code of the Russian Federation). Therefore, from October 3, 2016, the employer will also be required to issue bonuses for the quarter no later than the 15th day of the month following the quarter for which the bonus is accrued.

It turns out that employers are required to pay bonuses, for example, for the 3rd quarter of 2016 (July, August and September) no later than October 15th. And for the period from October 1 to October 14, all employers will need to analyze the results of work for the entire quarter, decide on the payment of quarterly bonuses and accrue. Will everyone be able to meet this deadline?

Annual bonuses

The composition of the employee's salary may also include an annual bonus (part 1 of article 129 of the Labor Code of the Russian Federation). And many employees are looking forward to this award. Indeed, often the size of this bonus exceeds the standard monthly earnings.

If we are guided by the provisions of Article 136 of the Labor Code of the Russian Federation, then the annual bonus for 2016 cannot be paid later than January 15, 2017. However, January 14 and 15 are Saturday and Sunday. Therefore, with a five-day working week, the employer will be required to issue an annual bonus no later than January 13, 2017 (part 8 of article 136 of the Labor Code of the Russian Federation). But until January 9 - "New Year holidays".

It turns out that in order to evaluate the results of work for whole year, only a few January working days remain for the accrual and payment of bonuses and employers. How to be in time?

Non-production bonuses

Wages are, first of all, remuneration for work (Article 129 of the Labor Code of the Russian Federation). However, non-productive bonuses (for example, monthly bonuses to employees with children) are not related to the labor success of employees. Respectively, integral part salaries do not count. Therefore, non-manufacturing bonus provisions new article 136 of the Labor Code of the Russian Federation do not apply. Non-production bonuses can be paid at any time determined by a local regulation or an employment contract.

Violation of deadlines: consequences, penalties

The law, which will come into force on October 3, 2016, significantly toughens the responsibility of the employer for non-compliance with the terms of payment of wages. In particular, from October 3, 2016, the amount of monetary compensation for delayed wages will increase. From this date, the amount of interest for the delay will be determined based on 1/150 of the key rate of the Central Bank for each day of delay.

Also, from the specified date, administrative fines for late payment of earnings have also been increased. For organizations, the amount of the fine can reach: for a primary violation - 50,000 rubles, for a repeated one - 100,000 rubles.

Since bonuses are part of wages, it turns out that the mentioned fines threaten employers if bonuses, for example, for the worked month or quarter are issued after the 15th day. Moreover, it is possible that a fine will be applied for each employee who was not given a bonus on time. Thus, if there are, say, 100 people in a company and everyone receives a bonus in violation of the deadlines, then the fine can be 5,000,000 rubles (50,000 × 100).

Solution options

Unfortunately, there are no official explanations or recommendations from state bodies on how employers can act in this situation. We do not rule out that by the time the new law comes into force (by October 3) such clarifications will appear. But while they are not there, let's try to independently evaluate a few options actions of employers.

Transfer of premiums

Suppose that the employer does not have time to pay the monthly bonus for October by November 16, 2016. In this case, theoretically, the bonus for October can be issued later - in December 2016, along with the salary for November. However, in the order not to pay the bonus, it should be called the November bonus. And then everyone will be happy: the employee will receive a well-deserved bonus, and the employer, at least formally, will not violate the requirements of the new article 136 of the Labor Code of the Russian Federation in terms of meeting deadlines.

Quarterly bonuses are more difficult. You can postpone the payment of premiums for the 3rd quarter of 2016, for example, to January 2017 (when the premium will be paid for the year). Thus, the quarterly bonus for 9 months of 2016 can be "veiled" in the annual bonus. But then the employees will receive the bonus for the quarter with a significant delay. Many people may not like this. Another option is to pay the bonus for 9 months not in October, but in November (along with the salary). But then the premium will need to be carried out as a monthly premium for October.

As for the annual bonus for 2016, if you do not have time to pay it before January 15, then you can theoretically pay it along with the payment of the monthly bonus for January (that is, in February 2017).

With such transfers, premiums will constantly have to be called premiums for other periods. This, at least, is very inconvenient for accounting. Moreover, the legislation will be observed only formally. And it is possible that such an approach will be revealed during the inspection by labor inspectorates.

Material aid

The employer has the right to provide financial assistance to the employee (or a member of his family). If material assistance is due to employees in connection with some event (for example, in connection with the birth of children), then such payment is not part of the earnings, since it is not related to labor. Accordingly, financial assistance can be provided to employees without taking into account the deadlines specified in Article 136 of the Labor Code of the Russian Federation (as amended from October 3, 2016).

However, constantly paying financial assistance instead of bonuses (for example, monthly) is rather strange and, moreover, dangerous. The fact is that if you constantly provide financial assistance with a certain frequency, then the inspectors can regard such payments as part of the earnings. And, accordingly, bring the employer to the above responsibility. Moreover, financial assistance is a fixed payment. And bonuses can often be of different sizes.

Abandon the reward system

In connection with the adoption of the commented law, employers can completely change the bonus system. More precisely, completely abandon it. And pay employees only salaries, evaluate employees and raise salaries for the next year. A similar recommendation from Elena Kozhemyakina, Managing Partner at BLS law firm, can be found on the BFMRU website.

“I am shocked by this law. 15 days after the end of the period, it is impossible to pay the premium, neither at the quarterly moment, nor at the annual moment, because the final payments must come, all measurements must be taken. Most companies motivate their people with quarterly and annual bonuses. I will only recommend one thing to my clients: move away from the bonus system, that is, pay only salaries, assess employees and raise salaries next year, although this will also be contrary to labor law, because we have labor law requirements - for equal work equal pay. Now employers are faced with the most difficult problem on how to remake the bonus system. Or the second way is to no longer comply with the law, but it is unacceptable. I think that everyone will suffer from this law, because the people who now receive bonuses work for the sake of bonuses, and for many, the bonus is an equal part of their salary. And the employer will not be able to guarantee the employee such a high salary, because the result is needed, no one knows their result after a year. We have a very large number of sales manager professions that are motivated by bonuses, but the bonuses must close after the sales result and the sales result calculation. For example, in our company, payments with clients are delayed by 60-90 days, I don’t quite understand how we should pay the annual bonus.”

What to do with local acts

The new version of Article 136 of the Labor Code of the Russian Federation determines that a specific date for the payment of wages must be established:

• or internal labor regulations
• or collective agreement
• or an employment contract.

Thus, from October 3, 2016, at least one of the specified documents must contain the exact date when the employee will be paid wages (including bonuses that are part of it). Therefore, before October 3, employers need to decide how to pay bonuses under the new law and make changes to the designated documents.

If now, for example, in an employment or collective agreement it is determined that the bonus for a month worked is paid, say, only after one or two months, then such conditions from October 3 will not meet the requirements of the labor legislation of the Russian Federation.

It is worth noting that most employers, in practice, most often pay wages by the 15th day of the next month. That is, de facto, many already comply with the new terms of payment of salaries. However, despite this, before October 3, 2016, employers should still double-check the content of local regulations containing labor law and employment contracts. And, if necessary, set the deadline for paying salaries according to the new rules.

Salary and advance payment: payment terms

We recommend that accountants pay attention to the fact that no more than 15 days should elapse between the salary and the advance payment. So, if an organization or individual entrepreneur pays an advance to employees, say, on the 20th, then the salary should be paid no later than the 5th of the next month. Or if the advance is on the 25th, then the salary is no later than the 10th. Thus, the salary will be issued "at least every half a month", as required by Article 136 of the Labor Code of the Russian Federation. If you violate this interval, then, for example, the organization can be fined up to 50,000 rubles (Article 5.27 of the Code of Administrative Offenses of the Russian Federation).

Salary and advance payment in 2016: how many days between payments

From October 3, 2016, the employer is given 15 calendar days to pay wages from the end of the period for which it was accrued. How will the new law affect the timing of advance payments? No later than what date is it allowed to issue an advance under the new law?

Period between advance payment and salary

Employers are required to pay salaries to employees at least every half a month. This requirement will continue after October 3 (part 6 of article 136 of the Labor Code of the Russian Federation).

It turns out that even after October 3, 2016, no more than 15 days should pass between the salary and the advance payment.

For example, if you pay an advance on the 21st, then the salary must be paid on the 6th of the next month. Or, for example, if the advance is on the 25th, then the salary is no later than the 10th.

If the interval between payments is more than 15 days, then the labor inspectorate will be able to apply fines under Art. 5.27 of the Code of Administrative Offenses of the Russian Federation.

Salary on the 15th

The new law does not prohibit the issuance of salaries directly on the 15th. At the same time, we recommend that you keep in mind that if you issue a salary on the 15th, then there may be problems with the advance payment. The fact is that if you give out a salary on the 15th, then the advance falls on the 30th.

It is worth noting that in some months this is the last day. So, for example, in November 2016 -30 calendar days.

By general rule, when paying an advance to an employee, personal income tax is not withheld from him and is not transferred to the budget (letter of the Federal Tax Service dated April 29, 2016 N BS-4-11 / 7893). However, this is true only for cases where the advance payment is paid before the expiration of the month for which it was accrued. From the advance payment issued on the last day of the month, personal income tax must be calculated and withheld (Determination of the Supreme Court of May 11, 2016 No. 309-KG16-1804, Letter of the Federal Tax Service of March 24, 2016 No. BS-4-11 / 4999).

Therefore, we suggest considering the following:

• if the “salary” day is set directly on the 15th day, then the advance payment for the current month will have to be set on the 30th day of the same month. This means that personal income tax will need to be transferred to the budget both from salary and from an advance if there are 30 days or less in a month
• if there are 31 days in a month, then personal income tax can only be withheld from salary

What day is the salary, and what is the advance payment?

The new version of Article 136 of the Labor Code of the Russian Federation, which comes into force on October 3, 2016, requires that the specific date for the payment of wages be no later than the 15th. But in employment contracts, sometimes there are wording of the general plan, for example: "wages are paid no later than the 10th and 25th of each month." That is, it is completely incomprehensible what is an advance payment and what is a salary. Formulations of this kind make sense to clarify.

More correct from October 3, in our opinion, to clearly establish that, for example, on the 25th, the salary for the first part of the month is issued, and on the 10th - for the second. Thus, the employer will eliminate problems with personal income tax, since it will be clear from which payment the tax should be withheld.

Moreover, please note that the new edition requires specific payment dates to be specified:

Therefore, advance and pay date must be accurate. And this kind of wording "salary is paid from the 20th to the 25th day of the month" should be excluded from the documents. After all, the period "from ... to ..." is not a specific date, but only a certain period.

“In this regard, we present a table on how to combine advance payment and salary days under the new law. That is, for example, if you set the advance payment on the 17th, then the salary must be paid on the 2nd of the next month. And so on".

Keep in mind that it is possible to pay salaries ahead of time. This is not a violation of labor laws.

Check local regulations

Some employers fix the terms of payment of wages in internal local regulations. For example, in the Regulations on remuneration or the Labor Regulations. The law on the terms of payment of wages allows you to do this. However, if in local documents the terms for paying salaries do not meet the requirements of the commented law, then the documents need to be adjusted and the terms for paying salaries according to the Labor Code should be determined (taking into account the commented changes). And this must be done before October 3, 2016. It is imperative to familiarize employees with the changes against signature, so that they understand exactly what is the deadline for paying salaries.

Who needs to change payment dates in documents

Some employers will not need to do anything if the pay dates meet the requirements of the new article 136 of the Labor Code of the Russian Federation.

However, it is necessary to change the dates of payment of salaries if:

• employees receive their salary later than 15 days after the end of the period for which it is accrued (for example, for the second half of the month - on the 18th of the next month)
• salary is paid once a month
• salary is issued on days between which there are more than half a month, for example, on the 6th and 23rd
• salary is not paid on a specific day, but on one of the days of a fixed period, for example, from the 5th to the 10th

How exactly to proceed and change the dates of payment of salaries? Follow the step by step instructions.

Step 1: Decide on payroll dates

Before you change anything, you need to decide on the specific dates when you will pay the advance and salary.

Correlate the dates of advance payment and salary as follows:

At the same time, the new terms for paying wages must be agreed with the trade union (part 1 of article 190 and 372 of the Labor Code of the Russian Federation). Unless, of course, it is created in your organization.

Step 2: Edit Documents

Part 6 of Article 136 of the Labor Code of the Russian Federation contains three documents in which the employer has the right to set the terms for paying wages:

• internal labor regulations
• collective agreement
• labor contract

What documents are required to be issued, we will explain in the table:

It is necessary to have time to make changes to the documents that set the terms for paying salaries before October 3, 2016.

Please note: all salary dates in the documents listed above must correlate with each other. That is, there should not be a situation where the internal labor regulations define one date, and the employment contract defines another.

Labor regulations

If you need to issue an order to amend the internal labor regulations, you can make it according to this model:

Labor contract

Conclude an additional agreement to the employment contract and stipulate in it the new terms for the payment of wages.

Collective agreement

If the collective agreement provides for incorrect dates for the payment of wages, then it is required to amend it.

Amendments and additions to the collective agreement are made in the manner established by the Labor Code of the Russian Federation for its conclusion, or in the manner prescribed by the collective agreement (Article 44 of the Labor Code of the Russian Federation). Read the collective agreement and it will be clear from it how to change it correctly.

Attention: any changes to the collective agreement are possible only by mutual agreement of the parties. The employer is not entitled to unilaterally refuse to fulfill the terms of the collective agreement.

You may need:

• set up a negotiating committee
• negotiate and agree on the timing of the payment of salaries and advance payments
• draw up an additional agreement to the employment contract
• send an additional agreement for notification registration to the labor authority of the local administration (part 1 of article 50 of the Labor Code of the Russian Federation)

Familiarize employees against signature with the new version of the collective agreement.

Step 3: Pay your salary on the new dates

It is necessary to start paying salaries within the new deadlines already from October 3, 2016. However, if the established payment day coincided with a weekend or non-working holiday, then the salary must be paid on the eve of this day (part 8 of article 136 of the Labor Code of the Russian Federation). October 15 is Saturday. This means that many will need to pay salaries for September no later than October 14th.

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 before October 3, 2016 to ensure that the correct terms for paying 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 due to a change in the terms of payment of wages.

Increasing compensation for delayed wages

In case of violation of the terms of payment of wages, the employer is 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 of monetary compensation to personnel for salary delays increases. 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 you know, the deadline for payment of wages by the employer must always be respected. 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%. 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).

Non-payment of wages is a gross violation of the Labor legislation of the Russian Federation. When an employee has done his job in good faith, he should receive a reward. Otherwise, the employer is responsible for what happened, since this is one of his main duties.

Liability for incomplete or partial payment

Lack of funds and difficult financial situation does not relieve the employer of the obligation to pay wages. Responsibility for the delay or complete non-payment of earned money is provided for by several legal acts. The Labor Code of the Russian Federation contains references to administrative and criminal legislation.

This issue has become especially relevant in our time of crisis, since right now many employers delay or evade paying salaries to their employees. Liability for non-payment can be expressed both in a small administrative fine and in criminal liability.

Liability arises in the event of the following violations:

1. The employer, having the opportunity to pay his employees, does not pay wages. The money could be used to repair the building, purchase new equipment, pay off debts to credit organizations, etc. The administration has funds at its disposal that are spent on other purposes.
2. Non-payment of earnings for a certain period. If an employee does not receive any funds for 2 or more months, then this is called a complete non-payment, which threatens the administration of the enterprise with criminal liability.
3. Failure to pay part of wages within three months. It also threatens with criminal liability. Such a payment is called partial, its volume is less than half the amount of the entire monthly wage.

According to the Labor Law (Article 142), wages to workers and employees are paid at least twice a month on certain days. Certain days when payment occurs should be determined by the administration of the enterprise or organization.

This may be a collective or labor agreement, as well as internal schedule rules. If payment falls on a holiday or weekend, then all payments are made on the eve of these days. If the contracts state otherwise, then such conditions are illegal, and therefore invalid.

Thanks to the news and discussions on the forums, we see that due to legal illiteracy, many employees do not wait for the promised payments and move to another job. Some remind employers of their salary, but fear of losing workplace do it late and hesitantly.

Meanwhile, the reasons for holding the management accountable appear already on the 1st day of delay in payment of wages. Unfortunately, few people know about this. And after 2 weeks of "forgetfulness", or rather - on the 16th day, counting from the day when the salary should be, the employees of the enterprise or organization have the right not to go to work.

They can suspend the performance of their duties by notifying the employer in advance. The notice must be in writing. For the period when they do not work, according to the law, wages are still charged.

Criminal liability

The penalty for non-payment of wages is provided for by Article 145.1 of the Criminal Legislation of the Russian Federation.

The last changes were made at the end of June current year. Its main content:

As a rule, in most cases, the employer receives a fine, which depends on the severity of the criminal offense. Funds from the payment of the fine go to the state budget.

Where to complain in case of non-payment of wages

Consider the responsibility of the employer under the Labor Code. It does not contain a specific procedure for punishing the employer in case of delay or non-payment of wages. Those norms, which were discussed, are contained in the Criminal Code of the Russian Federation and the Code of the Russian Federation on Administrative Offenses.

But in Labor Code there is an important article on compensation to an employee of the organization for the period of delay in the payment of wages. This is Article 236, which was last amended in mid-2016. Let's break down the main point of the article:

1. An employer who delays the payment of wages, payments upon dismissal, vacation pay, etc., is liable for this.
2. When issuing the above payments, the employer must compensate for the delay with a certain monetary surcharge.
3. The amount of compensation is not less than 1/150 of the rate of the Central Bank of the Russian Federation, which is in force at this time. The interest is calculated for each day, the period starts from the next day after the established one for payments.
4. If incomplete payments were made (see above), then interest is taken from the unpaid part of the total amount.
5. The amount of compensation may be increased by a collective or employment agreement, as well as by local regulations. Such a payment is made regardless of whether the administration was at fault for delaying wages or not.

If the employer does not pay wages or regularly delays it, then you need to draw attention to your problem. Where to complain to an ordinary employee? in the best way to protect themselves from negligent administration is a complaint to the prosecutor's office.

The prosecutor's office should conduct an appropriate check on this complaint. If she confirms these events, then the leadership will suffer one of the punishments indicated above. Prosecutors have the right to impose administrative penalties.

If grounds for criminal prosecution are revealed, they will send materials to the investigative committee. There are no clear rules for filing a complaint. The main thing is to describe the essence of the issue and give everything necessary information. Instead of the prosecutor's office, you can contact the labor inspectorate, which has the authority to check the implementation of the Labor Code of the Russian Federation.

Employer Responsibility Video

The problem of the employer's responsibility to employees for non-payment of wages is very relevant today. In this case, both employees and management should have a minimum knowledge of the law. Both those and others must understand that liability may consist of compensation or be a punishment up to and including imprisonment.

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