In order to navigate the issues of employer's liability for delayed wages, it is necessary to refer to the Labor Code. In it, all articles from 133 to 158 are devoted to wages, and some are directly related to such an urgent phenomenon as delayed wages. As far as the limits of this phenomenon regulated by the legislation of our country are permissible, everyone should figure it out on their own.
Within the framework of the topic of regulatory documents related to wages in our country, it should be noted the letter of the Federal Tax Service No. 3N-4-17 / 15799 dated August 29, 2016, according to which it is prohibited to issue wages to non-resident employees in cash, but only through bank translation. And, of course, from 03.10.2016, the new edition of Article 136 of the Labor Code of the Russian Federation changed the terms for issuing salary.
Previously, this article of the Labor Code only regulated a two-time monthly wage format, according to which all commercial organizations were obliged to pay employees at least twice a month (more often it is possible, and less often it is categorically not). Moreover, this in the full sense applied to cases when the employee himself asks the employer in writing. And after the above date, this legal norm requires all organizations to rigorously establish the exact (specific) dates for the issuance of wages.
That is, the practice of previous years, when advertisements of the type: "Salary is accrued from the 22nd to the 26th day of each month," were used, is completely excluded. Organizations are obliged to establish the exact dates for the issue of salary by the 15th of the month. Moreover, the provision on payments, which must be made at least twice a month, also remained in effect.
And employees who are going to find a job in a new place are advised to inquire about the content of the local regulatory act of the enterprise, which is the provision on remuneration. This document contains information about the calculations of salary, salaries, the procedure for bonuses, the dates of the advance payment and the main part of the monetary remuneration of one's work.
Article 142 of the Labor Code of the Russian Federation
This article of the Labor Code clearly spelled out the regulatory mechanisms in accordance with the legal provisions regarding wage delays. In particular, Article 142 states: "If the employer or the one who is his authorized representative, allowed the untimely payment of the legal remuneration to the employee, then he must be held liable in accordance with federal laws and the Labor Code of the Russian Federation."
Thus, the employees of the enterprise can consider themselves to be somewhat protected. Further, the Labor Code states that the delay in salary exceeding fifteen days gives full grounds for suspending the activities of the state. However, in order to formalize this status, employees must submit a written notification to the higher management.
In this context, you should be aware that a fifteen-day delay in wages under the Labor Code is the basis for the termination of employment not unconditionally. After all, there are exceptions to the rule. The same article states that the suspension of work is prohibited during periods of martial law / state of emergency or during special measures imposed by the state. In addition, this fully applies to employees in the organizations of the Russian Armed Forces, employees of units involved in ensuring the country's defense and state security, employees of search, emergency rescue and law enforcement agencies, as well as civil servants.
The full list of workers falling under the specified exceptional norm also includes workers in organizations that maintain the most dangerous types of industries and equipment that perform tasks related to ensuring the life of the population (ambulance, water supply, energy supply, heating, etc.) …
It is important to understand that after the termination of employment in their organization, the employee still retains the right to wages. Accordingly, in this case, the employee should not worry about the measures that the management will take to restore the working capacity of the enterprise. However, after a written notification of the management about the readiness to pay the delayed remuneration, the employee is obliged to appear at the workplace the next day. In this case, the amount owed must be transferred to the employee's bank card on the day of his return to work.
Employer's liability for delayed wages
If the actions of an employee of the enterprise where there was a delay in salary, everything is quite simple. That the material responsibility of the employer in this case requires a separate explanation. In this context, Article 5.27 of the Code of Administrative Offenses of the Russian Federation obliges the organization to pay a fine in the amount of thirty to fifty thousand rubles. The same article speaks about the administrative responsibility of the head of the enterprise. But article 145.1 of the Criminal Code of the Russian Federation provides for criminal liability, and article 192 of the Labor Code of the Russian Federation - disciplinary. Accordingly, the type of punishment directly depends on the degree of the violation itself.
In addition, the employer must obligatorily provide monetary compensation to his employees. Article 236 of the Labor Code of the Russian Federation prescribes a clear formula for such a calculation, which takes into account the number of days of delay and the refinancing rate. Moreover, this applies even to those cases when the delay in salary occurred due to the fault of the bank. The most severe punishment for an employer is imprisonment for a term of two to five years in accordance with article 145.1 (part two) of the Criminal Code of the Russian Federation, which is provided for delaying wages for a period of two or more months.
The employee's actions if the employer has not eliminated the violation
Often the practice of delayed wages in our country is faced with situations where the employer simply ignores the complaint of his employee in this regard. In this case, the fact of non-payment of legal monetary remuneration must be accompanied by the employee filing a complaint with the State Labor Inspectorate, or with the prosecutor's office.
Such an application is submitted in writing and in free form. It should contain brief information about the essence of the issue, the details of the enterprise, complete identification data. The complaint must be accompanied by documentary evidence of the fact of delayed wages.
It can be noted that since 2014, this format for resolving problems associated with massive salary delays throughout the country has become an effective regulator. The procedural issue is now fully regulated. So after collecting evidence and drawing up a written complaint, you can send it to the authorized body by mail or personally into the hands of a representative of the executive branch.
How to behave when leaving work
Since when an employee leaves the organization, there are often cases with a delay in full settlement, this moment also requires careful attention. The dismissal itself is a legal procedure, which implies the termination of the employee's work, the return of his work book and the final cash settlement.
Article 140 of the Labor Code of the Russian Federation clearly regulates the procedure for calculating an employer with a retiring employee. It says that on the last day of work, or on the day following the date of contacting the management about the calculation, such a payment must follow. According to the legal norm under the Labor Code, upon dismissal, the employee undertakes to independently appear for the calculation.
If management delays in final settlement, the employee is entitled to file a claim. In addition, contacting the Labor Inspectorate can be an effective solution to the problem. In this instance, the complaint is considered within a calendar month, after which the procedures for the investigation and filing of the case with the court are provided. As a rule, the employer is reluctant to admit such proceedings before the court hearings. Therefore, such an instrument of influence can be considered quite optimal.
