Calculation of compensation for salary delay. Payment of compensation

2024 Author: Howard Calhoun | [email protected]. Last modified: 2023-12-17 10:16

Every worker has the right to receive a salary, and the employer is obliged to pay it. It can be charged under various systems. If the head of the enterprise cannot pay wages to employees on time, they may demand compensation. This possibility is provided for in labor legislation. What to do if the company has a salary delay? Where to complain to employees? Let's find out further.

Relevance of the problem

Failure by the employer to meet the deadlines set for the payment of salaries to employees is today a fairly common violation of labor laws. For such misconduct, the employer may be held administratively, financially or criminally liable. The Labor Code of the Russian Federation establishes a number of requirements for the procedure for calculating salaries. In particular, it should be calculated at least once every 2 weeks. The period in which employees receive monetary remuneration for their work is prescribed in the collective agreement. If it is violated, then employees are en titled to compensation for the delay in paying salaries. In this case, the circumstances under which this happened will not matter. Compensation for the delay is also carried out in cases where it occurred through no fault of the employer. At one time, the delay in the salaries of state employees assumed rampant proportions in the country. The situation has now improved somewhat, but there are still delays.

Responsibility

Delay in payment of wages is punished:

1. A fine, the amount of which can reach 50 thousand rubles.
2. Suspension of the enterprise up to 3 months
3. Disqualification of the employer for 1-3 years.

The last measure is applied in case of repeated violation of the terms of payment of wages.

Charge specifics

Delay in wages for a month is calculated at a percentage of 1/300 of the Central Bank rate. Similarly, accrual is carried out upon dismissal, as well as when going on vacation. Calculation of compensation for delayed wages is carried out for the entire amount, including advance payment and bonus. The refund is non-taxable. In the event that the day of receipt falls on a holiday or weekend, you should make an accrual in advance to prevent additional costs.

Employee Rights

If the delay in payment of wages is 2 or more weeks, the employee may notify the manager in writing that he will cease his activities until the debt is fully repaid. The employee may also file a lawsuit. As showspractice, the requirements of employees are most often satisfied, even if the fault of the manager in delaying wages is not. The amount of compensation is determined by a court decision on the basis of an 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 a disciplinary offense. As a rule, the employer repays the principal debt, but 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 for up to 7 years.

Calculation of Compensation for Delayed Salary

Accrual 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 this scheme:

Compensation=salary x number of days x 1/300 x st., where:

• s/n - amount of debt;
• number of days - delay period;
• st - refinancing rate.

Examples

Suppose, on the 20th of the month, an employee received an advance payment of 5 thousand rubles. His salary is 15 thousand rubles. The employee received the salary on the 23rd of the next month. In accordance with the schedule, the debt repayment period is the 5th. In this case, there is a delay of 18 days. Calculation of compensation forsalary delay is carried out using the rate 0, 082:

K=10,000 x 18 x 1/300 x 0, 082=49.19 p.

The amount of compensation is not that big, however, the employee should receive it. Let's consider one more example. According to the collective agreement, compensation for delayed salary is 0.06% for each day. Suppose 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. 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 09/06 to 09/17).

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 R.

Nuances of accrual

As mentioned above, in case of delayed wages, compensation is calculated at the rate of the Central Bank. This minimum may be increased under the terms of the employment contract. The first day of delay is the date following the date of payment of salary according to the schedule. The last - the number of actual debt repayment. When the Central Bank rate changes, the calculation is carried out separately for each indicator. The refund amount is added to the salary. An employee may, upon written notice, terminate activities at the enterprise. The law, however, establishes cases when an employee cannot exercise this right:

1. With the introduction of an emergencyprovisions.
2. An employee works at an enterprise that ensures the defense of the state, or in a state organization.

Delayed salary: 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 an application for payment of compensation for the delay. If the employer ignored the appeal, the employee writes a notice that he is suspending work. The head must sign a copy of the notice. If he refuses to do so, the notification can be sent by registered mail. After the notice arrives that the employer has received the letter, work can be suspended.

Labor legislation at the same time obliges the head of the enterprise to pay forced downtime in addition to compensation for delayed earnings. Accrual is carried out in accordance with the average monthly salary. If the manager sent a notice of his readiness to pay off the debt, the employee must return to work. If it was not possible to resolve the issue peacefully, the employee has the right to apply to the trade union with a demand to create a commission to resolve the labor dispute. It should include representatives of the team and the employer in equal numbers. You can apply to the trade union no later than 3 months from the first day of delay. KTS must consider and register the application within ten days and notify the employee about it. According to the decision of the commission, the head is obliged to repay the debt within 3 days. Atif the employer disagrees, he can go to court.

Labor Inspection

An employee can write an application to the GIT. It is necessary to indicate information about yourself, the name, address of the enterprise, the full name of the director. The text of the application should clearly state the essence of the problem, the facts, indicate the amount and term of the debt. If there is evidence of delay in payment, it is advisable to attach it to the application. It is also advisable to make a copy of the employment contract. The application, together with the attachments, can be brought in person or sent by registered mail. The review is carried out within a month. If the fact of violation of obligations is established, a notification will be sent to the employer demanding to pay off 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 with evidence of employment. They are: a contract and a work book. The Code of Civil Procedure establishes requirements for the preparation of an appeal. If they are not observed, the court may return the claim to the applicant. Upon satisfaction of the requirements, 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, the writ of execution will be available after the entry into force of the court order. 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 employeeen titled to appeal to a magistrate. In this case, the proceedings are carried out in a special order. Upon completion of the consideration of the appeal, a court order is issued. It is a writ of execution with which the employee goes to the FSSP.