The Labor Code addresses all wage issues, starting from the 133rd and ending with the 158th. And 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 delayed wages. Under 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 terms for the issuance of wages have changed. Also, in accordance with the letter of the Federal Tax Service dated 08.29.16 No. 3H-4-17 / 15799, employees who are non-residents of Russia are prohibited from issuing salaries in cash. Only bank transfer can be used.
Until 03.10.16, all organizations, in accordance with the 136th article of the Labor Code of the Russian Federation, were to give out salaries to their employees at least every half month. If payments were made once every 30 days, then this was a direct violation of the law. More often accrual of legal remuneration was allowed. Ho no less. Even if the employee himself asks for this in writing.
The new edition of the 136th article requires that the organization has been set exact, specific dates, and up to the 15th day of the month. The wording of the general plan, each employer must exclude. Something like this refers to them: “Wages are paid between the 20th and the 25th.” And the provision that payments should occur at least 2 times a month has remained valid.
Article 142 of the Labor Code of the Russian Federation
Everything about a topic such as a delay in salary is painted in it. According to the Labor Code, the following is said: “If the employer or the one who is his authorized representative has allowed the late payment of legal remuneration to the employee, then he is obliged to bear responsibility in accordance with federal laws and the Labor Code of the Russian Federation.”
This chapter gives some rights to the organization’s employees . This is what the Labor Code says: a delay in salary that lasts more than 15 days is a legitimate reason for the state to suspend its activities. But before you stop going to work, each employee is required to write a notice in writing and pass it on to his superiors.
Exceptions
The 15-day delay in salary under the Labor Code is the basis for termination of work, but not in a number of exceptions. They are also indicated in the 142nd article.
Suspension of work is not permitted during periods of emergency / martial law. Or during special measures introduced by the state in connection with an emergency.
Also, people who serve in organizations of the BC of the Russian Federation, and also employees of groups engaged in ensuring the security of the state and defense of the country, cannot stop working. The same applies to employees of search, law enforcement and rescue structures, civil servants.
Ho is not the whole list of exceptions that the Labor Code contains. The delay in wages also makes it impossible for people working in organizations that service especially dangerous types of equipment and production to stop their work. And workers in structures that perform tasks related to ensuring the livelihoods of the entire population. This includes heating, energy conservation, water supply, emergency medical care, communications, etc.
Next steps
Usually, after the employee has stopped his labor activity, management takes all possible measures to accrue legal remuneration to him. However, this should not particularly worry a person. Since even while he is not fulfilling his duties, his salary is retained.
Ho, he must go to his workplace the next day after he receives a notification from the boss that he is ready to accrue the delayed remuneration (required in writing). The amount is transferred to the card on the day the person returns to work.
Employer Responsibility
The abovementioned provisions are not all that a salary delay under the Labor Code implies. It gives employees the right to suspend their activities, but the employer is obliged to bear material responsibility.
In accordance with Article 5.27 of the Code of Administrative Offenses of the Russian Federation, the organization must pay a fine for such misconduct, the amount of which is from 30 to 50 thousand rubles. The head of the enterprise may also bear administrative responsibility (under the same article), criminal (art. 145.1 of the Criminal Code of the Russian Federation) or disciplinary (art. 192 TK of the Russian Federation). To how severe the punishment will be depends on the severity of the violation.
In addition, the employer must pay compensation to its employees. Even in the event that due to the fault of the bank there was a delay in salary.
According to the Labor Code, article No. 236 implies the calculation of compensation according to a certain formula. Salary arrears should be multiplied by 1/300 of the refinancing rate and the number of days of delay.
Ho, the most serious punishment threatens the employer for the complete non-payment of salaries within 2 months or more. In accordance with Part 2 of Article 145.1 of the Criminal Code, he may face imprisonment for a term of 2 to 5 years.
If the violation is not resolved
There are special cases in which an employee of the enterprise made a complaint to the employer, but he ignored it and did not pay legal remuneration. In this case, the person has the right to complain to the State Labor Inspectorate. Or to the prosecutor.
In his application, the person must indicate his full details, details of the organization, briefly describe the essence of the matter, and also attach documents to the complaint, which are confirmation that there is really a delay in salary. 2014, by the way, was especially full of such appeals. At that time, many were victims of unpaid rewards.
After the evidence has been collected and the complaint has been drawn up, you can send everything to the appropriate authority. Either in person or by registered mail.
Payments upon dismissal
They are also worth noting attention. Dismissal is a legal procedure involving the calculation of an employee leaving an enterprise and returning his work book. Payments are usually credited on the last day of work. Or the one that followed the days in which the person turned to the leadership with a demand for settlement. This is spelled out in article 140 of the Labor Code of the Russian Federation.
And even in such cases of dismissal, there is a delay in salary. According to the Labor Code, upon dismissal, a person is obliged to come for the calculation himself. If the manager is slow, then his leaving employee has the right to make a claim. He may even contact the appropriate justice authority, which is the Labor Inspectorate. The complaint is considered during the calendar month. Then, proceedings and court are implied. Everything takes a certain time, takes away nerves and strengths, therefore it is in the interests of the employer to pay off a person without directly involving the law.
What to look for
Finally, it is worth noting that each person, getting a job, should familiarize himself with the local regulatory act of the enterprise where he intends to work. It is a provision on remuneration. And it says everything about salaries, salary calculations and bonuses. And also about the dates when advance payments and legal remuneration come to employees. This document is the answer to all questions of interest to any person applying for a job.