Every employee has the right to receive a salary, and the employer is obliged to pay it. It can be calculated using different systems. If a business manager cannot pay employees on time, they may demand compensation. This possibility is provided for in labor legislation. What to do if your company starts delaying wages? Where can employees complain? Let's find out further.
Relevance of the problem
Failure by the employer to comply with the deadlines established for paying salaries to employees is a fairly common violation of labor legislation today. For such an offense, the employer may be held administratively, financially or criminally liable. The Labor Code of the Russian Federation establishes a number of requirements for the salary calculation procedure. In particular, it should be calculated at least once every 2 weeks. The period within which employees receive monetary remuneration for their work is prescribed in If it is violated, then the employees are entitled to compensation for the delay in payment of wages. In this case, the circumstances under which this happened will not matter. Compensation for delay is also carried out in cases where it was not the fault of the employer. At one time, public sector workers took on alarming proportions in the country. Currently, the situation has improved somewhat, but delays still occur.
Responsibility
Delay in payment of wages is punishable by:
- A fine, the amount of which can reach 50 thousand rubles.
- Suspension of the enterprise's activities for up to 3 months.
- Disqualification of the employer for 1-3 years.
The latter measure is applied in case of repeated violation of salary payment deadlines.
Accrual specifics
A monthly salary delay is calculated at a percentage of 1/300 of the Central Bank rate. In the same way, accrual is carried out upon dismissal, as well as upon going on vacation. Compensation for late wages is calculated for the entire amount, including advance payment and bonus. Refunds are non-deductible. If the day of receipt coincides with a holiday or weekend, you should make the charge in advance to prevent additional costs.
Employee rights
If the delay in payment of wages is 2 or more weeks, the employee can notify the manager in writing that he is ceasing his activities until the debt is fully repaid. The employee may also file a lawsuit. As practice shows, the demands of employees are most often satisfied, even if the manager is not to blame for the delay in wages. The amount of compensation is determined by a court decision based on the employment agreement. After an employee has submitted an application, he has the right not to go to work. However, after a court decision is made in his favor, he is obliged to continue his professional activities at the enterprise. Otherwise, his absence from work will be regarded as As a rule, the employer repays the principal debt, and does not calculate compensation for delayed wages. This is precisely the reason for going to court. If payment is delayed by more than 2 months, the employer may face criminal liability. It involves a fine of up to 120 thousand rubles, as well as imprisonment of up to 7 years.
Calculation of compensation for delayed wages
The calculation is carried out according to the following formula:
Reimbursement = amount of debt x (% of the Central Bank rate/300) x number of days of delay.
You can also use the following scheme:
Compensation = salary x number of days x 1/300 x st., where:
- salary - amount of debt;
- number of days - delay period;
- st - refinancing rate.
Examples
Let’s say that on the 20th of the month an employee received an advance of 5 thousand rubles. His salary is 15 thousand rubles. The employee received his salary on the 23rd of the next month. According to the schedule, the debt repayment period is the 5th. In this case, there is a delay of 18 days. Calculation of compensation for delayed wages is carried out using a rate of 0.082:
K = 10,000 x 18 x 1/300 x 0.082 = 49.19 rub.
The amount of compensation is not that large, however, the employee must receive it. Let's look at another example. According to the collective agreement, compensation for late salary is 0.06% for each day. Let’s say the accrual for July 2014 and the receipt of salary for August were made on September 17 of the same year. The amount of debt for July is 30 thousand rubles, for August - 50 thousand rubles. The calculation is carried out in accordance with the terms:
- 30 thousand rubles (for July) - 43 days (calculated from August 6);
- 20 thousand rubles (advance payment for August) - 28 days (from 21.08 to 17.09);
- 30 thousand rubles (salary for August) - 12 days (from 6.09 to 17.09).
The calculation will be as follows:
(43 x 30 x 0.06% + 28 x 20 x 0.06% + 12 x 30 x 0.06%) x 1000 = 1326 rub.
Accrual nuances
As mentioned above, in case of salary delays, compensation is calculated at the Central Bank rate. This minimum may be increased under the terms of the employment contract. The first day of delay is considered to be the date following the date of salary payment according to the schedule. The last is the number of actual debt repayments. When the Central Bank rate changes, calculations are carried out separately for each indicator. The compensation amount is added to the salary. An employee may, upon written notice, stop working at the enterprise. The law, however, establishes cases when an employee cannot exercise this right:
- When a state of emergency is declared.
- The employee works at an enterprise that ensures the defense capability of the state, or in a government organization.
Delayed salaries: where to complain?
First of all, you should try to resolve the situation peacefully. To do this, the employee applies directly to the manager with a request for payment of compensation for late payment. If the employer ignores the request, the employee writes a notice that he is suspending work. The manager must sign a copy of the notice. If he refuses to do this, then the notice can be sent by registered mail. Once notification is received that the employer has received the letter, work can be suspended.
Labor legislation obliges the head of the enterprise to pay for forced downtime in addition to compensation for delayed earnings. Accrual is carried out in accordance with the average monthly salary. If the manager has sent a notice of his readiness to repay the debt, the employee must return to work. If the issue cannot be resolved peacefully, the employee has the right to contact the trade union with a demand to create a resolution commission. It must include representatives of the team and the employer in equal numbers. You can contact the trade union no later than 3 months from the first day of delay. The CCC must review and register the application within ten days and notify the employee thereof. By decision of the commission, the manager is obliged to repay the debt within 3 days. If the employer does not agree, he can go to court.
Labour Inspectorate
An employee can write an application to the State Tax Inspectorate. It is necessary to indicate information about yourself, name, address of the enterprise, full name of the director. The text of the application should clearly state the essence of the problem, the facts, indicate the amount and duration of the debt. If there is evidence of late payment, it is advisable to attach it to the application. It is also advisable to make a copy of the employment contract. The application along with attachments can be brought in person or sent by registered mail. Review is carried out within a month. If a violation of obligations is established, the employer will be sent a notice demanding repayment of the debt. In this case, the employee has the right to unilaterally terminate the contract with the employer.
Going to court
The statement of claim is sent to the authority accompanied by evidence of employment. They are: a contract and a work book. The Code of Civil Procedure establishes requirements for drawing up an appeal. If they are not complied with, the court may return the claim to the applicant. If the requirements are satisfied, the employee will receive a writ of execution. For the principal debt, it can be issued on the day the decision is made. As for the remaining amount, it will be possible to receive it after the court order comes into force. As part of the process, you can also claim compensation for moral damages. In the event that the salary was accrued but not paid, the employee has the right to appeal to the magistrate. In this case, the proceedings are carried out in a special order. Upon completion of consideration of the appeal, it is issued. It is a writ of execution, with which the employee goes to the FSSP.
In this case, it does not matter whether it is his fault or not.
Formulas for determining penalties for late payment
Since the employer has the right to set his percentage of compensation for late payment of money, there are two formulas for calculating it :
- Using the refinancing rate:
Formula:
SC = SZ x 1/150 x SR x BH, Where
- SC – compensation due to non-payment;
- SZ - unpaid wages - the amount of wages owed;
- SR – refinancing rate established by the Central Bank;
- Nd – number of days of delay.
- Using the percentage indicated by the internal documentation of the enterprise:
Formula:
SC = SZ x D% x BH, Where
D% - percentage of compensation as agreed between the employer and employee.
Important! Agreed interest for non-payment, as well as late payment of funds to staff cannot be less than 1/150 of the bet refinancing of the Central Bank.
What refinancing rate should I take?
The employer has the right to establish the amount of compensation for delayed wages in an employment or collective agreement.
If local regulations do not say anything about this, then you must be guided by the rule in accordance with Art. 236 Labor Code of the Russian Federation.
That is, the payment is made in the amount of 1/150 of the refinancing rate of the Central Bank of the Russian Federation.
If the percentage stipulated by a local regulatory act is less than the indicated indicator, the terms of the contract can be declared invalid under Art. 8 Labor Code of the Russian Federation.
Examples in case of debt
Let's look at specific examples of how to calculate the amount of the penalty for late payment of wages, taking into account the period of delay.
An example of calculations in accordance with the rules of the Labor Code of the Russian Federation
Initial data:
Let’s say that the organization has two dates for payment of labor to employee A. A. Ivanov:
- 19th – advance payment 15,000;
- 4th day – salary balance 16,000.
The employer delayed payment of the advance on April 19 and salary on May 4. It is planned to repay the debt in a total amount on May 11.
The contract with the employee does not stipulate a delay in salary. The last change in the key rate occurred on March 26, 2018. From this moment on, the figure is 7.25%.
Using the above formula, we obtain the compensation calculation:
- For advance = 15,000 x 1/150 x 7.25% x 22 = 159.5.
- For salary = 16,000 x 1 / 150 x 7.25% x 7 = 54.13.
Total, on May 11, the employee will receive = 159.5 + 54.13 + 15000 + 16000 = 31213.63.
An example of the percentage established in the organization
Initial data:
Let’s say that the employment contract with an employee stipulates a late payment rate of 0.08%.
The employer delayed payment of wages of 17,000 for 3 days.
Since the prescribed percentage does not reduce the amount of compensation compared to the application of the refinancing rate, the calculation is carried out according to the established percentage:
Compensation amount = 17,000 x 0.08% x 3 = 40.8.
It turns out that the employee will receive 17,040.80.
From the examples it is clear that the amount of compensation is small. However, if the delay is long and the wages are high, the amount of the penalty can be quite impressive.
When a company employs a large number of employees, the amount of the fine for non-payment for the employer can be quite large. If employees know their rights, they can always invoke the law and demand redress.
How to calculate if the refinancing percentage changes?
When the Central Bank key rate changes during a delay, compensation calculation It is recommended to produce separately.
Suppose the delay in payment of wages occurred from April 19 to March 30. The rate change occurred on March 26.
For the period from April 19 to March 25 inclusive, the penalty must be calculated at one rate, and from March 26 to March 30 - at a new rate.
Example with a rate change
Initial data:
At the enterprise, the advance payment should be made on March 23, 2018. But the organization has encountered some difficulties, and the employer is going to pay the employee 25,000 wages on March 29.
In our publication today, we will consider such a pressing issue as calculating compensation for delayed wages. We will find out what regulations regulate the calculation procedure, give the calculation formula and give an example.
According to paragraph 3 of Art. 37 of the Constitution of the Russian Federation, the amount of remuneration of an employee cannot be lower than the minimum wage (minimum wage). From January 1, 2018, Article 3 of Federal Law No. 421-FZ of December 28, 2018, the federal minimum wage is 9,489 rubles. From May 1, 2018, the Federal minimum wage increased to 11,163 rubles.
Local authorities at their level have the right to set minimum wages higher than the federal minimum wage, and, accordingly, in these regions the salary should not be lower than the level established by local authorities. For example, from May 1, 2018, in the city of Norilsk, the minimum wage increased to 16,130 rubles.
According to the legislation of the Russian Federation, the employer is financially liable to the employee for delays in payment of wages and other payments.
Article 236 of the Labor Code of the Russian Federation states:
“If the employer violates the established deadline for payment of wages, vacation pay, dismissal payments and (or) other payments due to the employee, the employer is obliged to pay them with interest (monetary compensation) in the amount of not less than one three hundredth of the refinancing rate in force at that time of the Central Bank of the Russian Federation from amounts not paid on time for each day of delay starting from the next day after the established payment deadline until the day of actual settlement inclusive. The amount of monetary compensation paid to an employee may be increased by a collective agreement, local regulation or employment contract. The obligation to pay the specified monetary compensation arises regardless of the employer’s fault.”
Calculator for calculating compensation for late wages
Thus, based on this article of the Labor Code of the Russian Federation, we can conclude that the calculation of compensation for delayed wages (and other payments) to an employee looks like this:
Amount of wage arrears X by the refinancing rate of the Central Bank of the Russian Federation / 100 / 150 X by the number of days of delay in payment of wages.
Here is an example of calculating compensation for delayed wages to an employee
Example: Calculation of compensation in the event of an employer violating the terms of payment of wages to an employee.
The employee’s salary under the terms of the employment contract is 25,000 rubles per month.
Salaries are paid twice a month:
- for the first half of the month (20th of the current month) - 12,500 rubles;
- for the second half of the month (the 5th day following the billing month) - 12,500 rubles.
Let's say that wages were delayed for the first half of February. The payment was made by the employer later - on March 5, including the second payment (for the month worked in October).
An example of compensation calculation is given without taking into account personal income tax and other deductions from wages! Compensation for delayed payment of wages is usually calculated on the amount of money that the employee receives in hand.
The procedure for calculating compensation for delayed wages:
1. Determine the number of days of delay in payment of the employee’s salary.
2. We take into account the refinancing rate of the Central Bank of the Russian Federation(based on Bank of Russia Directive No. 4717-U dated February 9, 2018 “On the amount of the Bank of Russia refinancing rate”).
The rate is 7.50% per annum.
3. We calculate compensation for delayed wages:
1/150 - according to the Labor Code of the Russian Federation, the minimum amount is %.
12,500 (amount of debt) X 7.5 (refinancing rate) / 100 / 150 × 13 (number of days of delay) = 81 rubles 25 kopecks.
If during the period of delay the refinancing rate of the Central Bank of the Russian Federation was changed, then in this case the calculation of compensation for delayed salaries is carried out according to the periods during which different refinancing rates were in effect.
The article was edited in accordance with current legislation 06/04/2018
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Art. 136 of the Labor Code of the Russian Federation obliges the employer to pay wages to its employees at least once every half month. In this case, the day of payment of monetary allowance is determined by the internal regulations of the organization: a collective or labor agreement.
Not all managers respect, much less abide by, the letter of the law - almost every second of them delays salary payments. Are there any levers of influence on an unscrupulous employer and how to use them correctly - two questions that primarily concern those who fail to receive their honestly earned money on time.
What does the labor code say?
The Labor Code of the Russian Federation states that if an employer allows itself to delay the payment of wages, then employees have the right to report such an offense to supervisory and regulatory authorities.
When a complaint is received from employees, the supervisory authority must conduct an inspection. 30 days are allotted for studying the appeal itself. During this period, a decision must be made to conduct an inspection of the employer. When conducting an inspection, inspectors are obliged to check all the facts described in the complaint, and also request documents from the employer regarding the payment of wages. If violations are discovered, an order will be issued, which will indicate all detected violations, as well as the deadline for correcting them.
After this period, inspectors will visit the employer again and conduct a re-inspection. If the violations are not eliminated, the employer will already be held accountable. The powers of inspectors from the labor inspectorate include issuing decisions to bring the employer himself, as well as officials through whose fault the delay occurred, to administrative liability.
What to do if there is a delay
The date of payment of wages must be specified in the wage regulations. The employee must be familiar with it when applying for a job. As a rule, an advance is given at the end of the month, and the rest of the salary is given at the beginning of the next month. The exact dates when payments will be made are specified in local regulations. If the date is written so that in the current month it falls on a weekend or non-working holiday, then the salary must be paid the day before, on the last working day.
For example, the regulations on wages stipulate that the employer must pay its employees on the 8th of each month. In March it is a non-working holiday. Therefore, salaries for February must be paid on March 7. If payments are not made on the established day, this is already a violation of the rights of workers.
Actions of an employee in case of delay in payment of wages
An employee who does not wait for the payment of wages within the period established by the collective or labor agreement has every right to begin defending his interests the very next day.
- Contacting the labor inspectorate at the location of the enterprise. This is the first step that must be taken in order to stop the employer’s illegal actions and speed up the payment of wages. The application to the inspectorate is drawn up in free form, but it must indicate specific violations of the employee’s rights. In this case, this is the fact of delay in payment of the allowance, the number of days of delay and the amount due.
- If the situation does not change within 15 days after the salary was due to be paid, the employee has the right to suspend his work until the violation of his rights is eliminated, that is, until he actually receives his salary. It is important not to forget to warn the manager about this in writing, referring to the provisions of Art. 142 Labor Code of the Russian Federation. If the employer begins making payments, it must also give proper written notice to employees. That is, the employer must ensure that the employee receives the notice in person and signs for its receipt. This can be done as follows:
- personally visit the employee and give him a notice. You need to prepare 2 identical copies. One is given to the employee, the second remains with the employer, and the employee puts his signature on it;
- sent via Russian Post. The notification must be sent by registered mail with notification and an inventory of the contents. Once the postal notice is returned to the employer, he will know on what date the employee received the notice. As soon as the employee receives notice that payments will begin, he must return to work. If he does not do this, this action will be regarded as absenteeism and may become grounds for dismissal.
An essential point: the right to suspend work does not exist for civil servants, as well as for workers servicing hazardous types of equipment or production, or those whose work activities are directly related to ensuring people’s livelihoods: employees of ambulance stations, power plants, water supply enterprises, and so on.
Another important point! Actions in the form of suspension of work are legal only in cases where the employee is not paid wages. If there is a delay in payment of compensation for vacation, then such actions may be regarded as absenteeism. - Simultaneously with the suspension of work, it is worth filing a claim in court to recover from the employer not only the amount of arrears of wages, but also compensation for the delay in payment. Before filing a claim, you should find out whether the salary has been accrued, since if there is no dispute about the existence of a debt, as well as about the amount to be paid, there is no need for court hearings - a writ of execution can be issued almost immediately after the application.
- For those who have not been able to receive their salary within three months, it makes sense to contact the prosecutor’s office or the police - in this case, the employer’s actions fall under Article 145.1 of the Criminal Code or, what is less serious, but also unpleasant, Article 5.27 of the Administrative Code.
Employer's liability
The Labor Code of the Russian Federation states that the employer must be held accountable for delays in wages. The right to work and its payment is guaranteed not only by labor legislation, but also by the Constitution of the Russian Federation. For violation of these rights, the employer can be held liable for the following types of liability:
- Disciplinary punishment. In Art. 192 of the Labor Code of the Russian Federation states that the boss himself and the officials who caused delays and non-payment of wages can be held accountable. The highest form of such punishment is dismissal.
- Material liability. In Art. 234 - 236 of the Labor Code of the Russian Federation states that from the first day of delay in payments, the employer is obliged to pay compensation to its employees in the amount of 1/150 of the key rate of the Central Bank of the Russian Federation on the day the debt arose.
- Administrative responsibility. If the guilt of the employer or its officials is fully proven, then inspectors have the right to bring them to administrative responsibility. Punishment is applied in accordance with Art. 5. 27 Code of Administrative Offenses of the Russian Federation. If the violation occurred for the first time, then inspectors can only issue a warning or issue a ruling to pay a minimum fine:
- officials - from 1,000 to 5,000 rubles;
- Individual entrepreneur - from 1,000 to 5,000 rubles;
- legal entities - from 30,000 to 50,000 rubles.
- for officials - from 10,000 to 20,000 rubles;
- entrepreneurs - from 10,000 to 20,000 rubles;
- legal entities - from 50,000 to 70,000 rubles.
- Criminal liability. They are called to it in cases where it is proven that the manager did not pay wages for selfish reasons. Punishment - up to two years in prison.
In accordance with Art. 145.1 of the Criminal Code of the Russian Federation, the employer is held criminally liable in the following cases:
- wage arrears were repaid in the amount of less than half of the debt;
- the period of delay is more than 3 months;
- it was proven that the non-payment was due to the employer’s selfish motives and interests;
- the subject is the director of a legal entity, branch or other separate division of a legal entity.
The following penalties can be applied to the employer:
- a fine of up to 500,000 rubles;
- a fine commensurate with salary or other sources of profit for the last 3 years;
- prohibition 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 penalty will be chosen in accordance with the severity of the offense. It is important to distinguish between partial non-payment and complete non-payment.
Partial nonpayment - nonpayment of wages in the amount of less than half of the total debt. A complete non-payment is a non-payment of the entire amount earned by each employee in the last 2 months. The severity of the consequences is determined by the court through careful consideration of the specific case. The duration of the crime, the amount of wage arrears, the number of victims, etc. are taken into account.
Consequences of a delay of 1 day
According to the provisions of the Labor Code of the Russian Federation, a delay in wages even by 1 day can lead to unpleasant consequences for the employer in the form of compensation payments. Compensation is accrued from the 1st day of delay in the amount of 1/150 of the key rate of the Central Bank of the Russian Federation, which is set on the day the debt arose. To receive compensation, the employee does not need to fill out any paperwork or write additional statements. All calculations and payments are made by the employer independently. They must be carried out together with the payment of delayed wages.
If the delay is 1 or several days, you can write a claim addressed to the employer demanding to pay not only wages, but also compensation for each day of delay. If the letter is ignored, you can complain to higher authorities.
However, the claim must be submitted in writing and must be properly recorded as an incoming document. The employer will then have to provide a formal written response.
Compensation for delayed payment of wages
Protecting the rights of workers, the Labor Code of the Russian Federation in Art. 236 obliges the employer, for untimely provision of monetary benefits to its employees, to pay compensation in their favor. Its size is clearly defined by the same rule of law: for each day of delay, starting from the day following the day when payment should have been made, an amount not lower than 1/150 of the key rate established by the Central Bank at the time of calculation of compensation is due.
Such measures began to apply in October 2016. Previously, compensation was calculated based on the refinancing rate of the Central Bank of the Russian Federation. But the Central Bank recognized such a mechanism as ineffective, and moral and material damage was “tied” to the key rate.
In addition, from the same moment the minimum compensation amount has been doubled. Previously it was necessary to calculate as 1/300 of the refinancing rate.
The amount of compensation can be increased at the request of the employer, but not reduced. If management wishes to set the amount of compensation payments at an increased rate, this point must be spelled out in the relevant local documents - an employment or collective agreement.
Example: the salary is 10,000 rubles, the delay period is 14 days, as of 02/09/2018 the key rate of the Central Bank of the Russian Federation is 7.5%.
The calculation of compensation for 14 days of delay is as follows:
10,000 * 7.5% * 1/150 = 5 rubles for each day of non-payment of wages
5 * 14 = 90 rubles must be paid by the employer for the 14th day of delay in payments
The employee must receive 10,000 + 90 = 10,090 rubles
Attention: financial liability arises from the employer, regardless of the presence or absence of his guilt in the delay in wages to employees. According to the provision set out in paragraph 55 of the Resolution of the Plenum of the Supreme Court No. 2 of March 17, 2004, the accrual of interest for late payment of wages does not deprive employees of the right to index the amount of debt due to depreciation of the debt due to inflation.
Fine for non-payment of wagesfrom October 2016 it was increased due to the entry into force of amendments to the Labor Code of the Russian Federation introduced by Law No. 272-FZ dated 07/03/2016. In addition to the fine, the employer who violated the deadline for paying salaries to its employees will face other sanctions. You will learn from this article what kind of liability the employer faces.
What fine does an employer expect for delaying wages? in 2017-2018?
The fine for non-payment of wages in 2016 was increased compared to earlier periods. The reason for this is that Law No. 272-FZ Art. 5.27 of the Code of Administrative Offenses of the Russian Federation has been supplemented with parts 6 and 7, which directly provide for liability for violation of wage rules.
Now, a legal entity employer is subject to a fine of 30,000 to 50,000 rubles for missing salary payment deadlines, and a fine of 1,000 to 5,000 rubles for individual entrepreneurs with hired labor. In addition, a fine of 10,000 to 20,000 rubles is imposed on the head of a company who violates the terms of payment of wages.
If the employer commits a similar administratively punishable violation of labor legislation again, then, in accordance with Part 7 of the above article, the fines will increase. Thus, the company will already be fined up to 100,000 rubles, the entrepreneur and the head of the offending enterprise - up to 30,000 rubles.
What sanctions are provided for wages not paid on time, other than a fine?
Administrative fine for delayed wages, provided for in Art. 5.27 of the Code of Administrative Offenses of the Russian Federation is not the only sanction applied to an employer who has violated the deadlines for payment of wages established by the Part. 4, 6 tbsp. 136 Labor Code of the Russian Federation.
Material liability
As stated in Part 1 of Art. 142 of the Labor Code of the Russian Federation, an employer who violates the deadlines for paying wages to his employees bears responsibility established by the legislation of the Russian Federation.
In Part 1 of Art. 236 of the Labor Code of the Russian Federation states that the violating employer bears financial liability in the form of the obligation to pay interest in an amount of at least 1/150 of the key bank rate of the Bank of the Russian Federation for each day overdue for settlement, starting from the first. In addition, the enterprise may establish a larger amount of the employer’s financial liability. In accordance with Part 2 of the same norm, such conditions can be established in the count. contract, employment contract.
Don't know your rights?
Criminal liability
Officials of an enterprise that violated the terms of payment of wages may also be brought to criminal liability if such a delay exceeded 2 months.
If the employer does not pay wages for more than 2 months or pays it in an amount lower than the minimum wage, and his actions were committed for self-interest or other personal reasons, then he can, according to Part 2 of Art. 145.1 of the Criminal Code of the Russian Federation:
- Fine up to 500,000 rubles. or in the amount of his earnings for a period of up to 3 years.
- Be subject to forced labor for up to 3 years. For the same period, he may also be deprived of the right to occupy the positions specified in the verdict or engage in the type of activity specified in the court decision.
- Imprisonment for up to 3 years with the same ban on engaging in the type of activity specified in the sentence.
In case of delay in payment of part of the salary for more than 3 months and if mercenary motives are proven, an official of the employer may be brought to criminal liability (Part 1 of the above article) in the form of:
- fine up to 120,000 rubles. or all earnings for up to a year;
- a ban on engaging in activities specified in the sentence for up to a year;
- forced labor for up to 2 years;
- imprisonment for up to a year.
IMPORTANT! Bringing an employer to administrative or criminal liability does not cancel his obligation to pay compensation to the employee for non-payment or late payment of wages.
Calculator for calculating penalties for late payment of wages
A fine for late payment of wages is imposed on the employer (legal entity and personally on the manager) if it is established that the fact of full or partial failure to pay wages to employees within the period established by the employment contract. The amount of the fine is determined by the court, and it is impossible to calculate it in advance.
But you can calculate the amount of compensation for issuing wages late, and here an online calculator will come in very handy. After all, the amount of sanctions depends both on the amount of debt the employer owes to the employee and on the period of delay in payment of earnings.
To calculate the amount of compensation using an online calculator, simply enter the amount of unpaid wages, the date of planned and actual payment. The calculation algorithm contains a formula using the established art. 236 Labor Code of the Russian Federation rates (1/150 × 10%).
In 2016, fines were increased for employers violating the terms of payment of salaries to employees. So, now a legal entity for this offense is subject to a fine of 30,000 rubles. and plus directly to the head of the enterprise from 10,000 rubles. In addition, regardless of whether the employer is at fault for creating a salary debt to his employees, sanctions are imposed on him in the form of paying interest for each day of delay.