Wage arrears under the Labor Code: article

In the Labor Code, issues relating to wages are dealt with in all chapters, beginning with the 133rd and ending with the 158th. And with them it would not hurt to get to know each person. In addition, this document contains chapters, in which there is information on such an urgent issue as the delay in wages. According to the Labor Code, it is permissible, but everything has a limit. And this case is no exception.

Innovations

First of all, it should be noted that from 03.10.2016 the timing of the issuance of wages has changed. Also, according to the letter of the Federal Tax Service of 29.08.16 № 3H-4-17 / 15799, employees who are non-residents of Russia are prohibited from issuing cash in cash. You can only use bank transfer.

Until 03.10.16 all organizations, in accordance with the 136th article of the TK RF, were required to issue salaries to their employees at least every half-month. If payments were made every 30 days, then this was a direct violation of the law. More often the calculation of legal remuneration was allowed. Ho not less often. Even if the worker himself so requests in writing.

The new version of Article 136 requires that exact, specific dates be set in the organization, and by the 15th day of the month. The wording of the general plan should be deleted by every employer. These include something like this: "Wages are charged in the period from the 20th to the 25th number." And the provision that payments should occur at least twice a month remains valid.

Article 142 of the LC RF

In it, and everything is written, relating to a topic such as delay in wages. According to the Labor Code, the following is stated: "If the employer or the one who is his authorized representative allowed untimely payment of legal remuneration to the employee, then he must bear responsibility in accordance with federal laws and the Labor Code."

This chapter gives some rights to the employees of the organization. Here is what the Labor Code says: the delay in wages, which lasts more than 15 days, is a legitimate reason for the state to suspend its activities. Ho before stopping to go to work, each employee is obliged to make a written notification and hand it over to his superiors.

Exceptions

The 15-day salary delay under the Labor Code is the basis for the termination of work, but not in a number of exceptions. They are also indicated in the 142nd article.

Suspension of work is not allowed during periods of emergency / martial law. Or during the action of special measures introduced by the state in connection with the state of emergency.

Also, people serving in the organizations of the BC of the Russian Federation can not stop working, and also employees of the formations involved in ensuring the security of the state and defense of the country. The same applies to workers of search, law enforcement and rescue structures, civil servants.

Ho is not the whole list of exceptions, which contains the Labor Code. The delay in wages also does not make it possible to stop their work for people working in organizations that serve particularly dangerous types of equipment and industries. And workers in the structures performing tasks related to the provision of life support for the entire population. K it has to do with heating, energy saving, water supply, emergency medical care, communication, etc.

Further actions

Usually, after the employee has stopped his labor activity, management takes all possible measures to charge him a legitimate reward. However, this person should not be particularly worried. Since even while he is not fulfilling his duties, he is saved by his salary.

But he must go to his work place the next day after he receives a notice from the head that he is ready to charge the detained remuneration (necessarily in writing). The amount is transferred to the card on the day the person returns to work.

Liability of the employer

The above provisions are not everything that implies a delay in wages under the Labor Code. It gives employees the right to suspend their activities, but the employer is obliged to bear financial responsibility.

In accordance with Article 5.27 of the Code of Administrative Offenses of the Russian Federation, the organization for such a misdemeanor must pay a fine, the amount of which is from 30 to 50 thousand rubles. The head of the enterprise may also incur administrative liability (under the same article), criminal (Article 145.1 of the Criminal Code) or disciplinary (Article 192 of the RF TK). To how serious the punishment will be depends on the severity of the violation committed by him.

In addition, the employer is obliged to pay compensation to its employees. Even in the event that the fault of the bank caused a delay in wages.

Under the Labor Code, Article No. 236 implies calculation of compensation according to a certain formula. Arrears in wages should be multiplied by 1/300 of the refinancing rate and by the number of days of delay.

Ho the most serious punishment threatens the employer for full non-payment of wages for 2 or more months. In accordance with Part 2 of Article 145.1 of the Criminal Code, he may face imprisonment for 2 to 5 years.

If the violation is not resolved

There are special cases in which an employee of an enterprise filed a claim to the employer, but he ignored it and did not pay a legitimate reward. In this case, a person has the right to file a complaint with the State Labor Inspectorate. Or the prosecutor's office.

In his application, a person should indicate his full details, details of the organization, briefly describe the essence of the case, and also attach to the complaint documents that are evidence that there is indeed a delay in wages. By the way, 2014 was especially saturated with such appeals. At that time, many became victims of unpaid rewards.

After the evidence is collected and the complaint is drawn up, you can send everything to the appropriate authority. Either personally, or by registered mail.

Payments upon termination

They, too, should be noted with attention. Dismissal is a legal procedure that involves the calculation of an employee leaving the enterprise and the return of his work record book. Payments are usually charged on the last day of work. Either the one that followed the day, in which a man turned to the management with a demand for a calculation. This is spelled out in the 140th article of the LC RF.

And even in such cases of dismissal, there is a delay in wages. According to the Labor Code, when dismissing a person must himself come for a settlement. If the head hesitates, then his outgoing employee has the right to file a claim. He can even apply to the appropriate body of justice, which is the Labor Inspectorate. The complaint is reviewed within a calendar month. Then the proceedings and the court are meant. Everything takes a certain time, takes away nerves and forces, therefore it is in the interests of the employer to pay off a person without direct involvement of the law.

What you need to pay attention to

Finally it is worth noting that every person, getting a job, should get acquainted with the local regulatory act of the enterprise, where he intends to work. It is the provision on remuneration of labor. And there everything is said about salaries, calculations of salary and bonuses. And also about the dates when employees receive advance payment and legal remuneration. This document is the answer to all questions that interest any person who gets a job.