If payment of wages is delayed. Algorithm for employee actions under the labor code in case of delayed wages

Compensation is accrued and paid to the employee not only in case of delayed wages, but also in cases where the employer has violated the terms of other payments: vacation pay, benefits, etc. (Article 236 of the Labor Code of the Russian Federation). But for the sake of simplicity, we will call compensation for delayed payments to employees compensation for delayed wages.

Compensation for delayed wages 2020: calculator

• the amount of wages not paid to the employee on time (reflects the amount that the employee should receive in hand, i.e. minus personal income tax/other deductions from wages);
• the established date for payment of wages;
• date of actual salary payment.

Amount of compensation for delayed wages

Such compensation is calculated according to the following formula (Article 236 of the Labor Code of the Russian Federation):

The employer must pay compensation for the period of delay starting from the day following the established day of payment of wages until the day of its actual payment, inclusive. For example, employees should have received their salary on 03/06/2020, but the employer paid it only on 03/20/2020, respectively, in this case the number of days of delay will be 14 days (from 03/07/2020 to 03/20/2020 (inclusive)).

By the way, the employer has the right to increase the amount of compensation paid. This amount must be specified in the collective agreement, employment contract or in the LNA (Article 236 of the Labor Code of the Russian Federation).

Fine for non-payment of compensation for delayed wages

If the employer does not pay the employee compensation for delayed wages, he faces a fine (Part 6, Article 5.27 of the Code of Administrative Offenses of the Russian Federation):

• from 30,000 rub. up to 50,000 rub. - for the organization;
• from 10,000 rub. up to 20,000 rub. - for officials of the organization;
• from 1000 rub. up to 5000 rub. - for individual entrepreneurs.

Compensation for delayed wages: personal income tax

If an employee is paid compensation for delayed wages in the amount established by the Labor Code of the Russian Federation, then it is not subject to personal income tax (clause 1 of Article 217 of the Tax Code of the Russian Federation, Letter of the Ministry of Finance dated February 28, 2017 N 03-04-05/11096). If the employer pays compensation in an increased amount, then personal income tax must be charged on the difference between the amount of compensation established by the employer and the amount established by the Labor Code of the Russian Federation.

Compensation for delayed wages: insurance premiums

According to the Ministry of Finance, compensation for delayed salaries is subject to insurance contributions (Letter of the Ministry of Finance of Russia dated 03/06/2019 N 03-15-05/14477). However, the Supreme Court believes that compensation for delayed wages refers to compensation related to the employee’s performance of his job duties, which in turn are not subject to contributions (Decision of the Supreme Court dated May 7, 2018 No. 303-KG18-4287). But if you are not ready to take the dispute with the tax authorities to court, it is safer to charge contributions from compensation for delayed wages.

According to the obligations of the parties employment contract, the employer is obliged to pay wages in accordance with specified deadlines. However, delay in payments can lead to conflicts in the workplace and even termination labor contract and loss of employees.

Payment of wages, as well as relations between employer and employee are regulated by the Labor Code Russian Federation, published December 13, 2001 State Duma and approved by the Federation Council.

A correctly drawn up employment contract between an employee and an employer is important document, which will provide protection against late payments and prove the truth in court. An agreement is the basis for imposing a fine.

According to the legislation of the Labor Code of the Russian Federation, delays in the transfer of wages are unacceptable. An employee has the right to stop work if wages are not paid on time. To do this, it is necessary to notify the employer in writing of the decision to terminate work activity until the moment when the salary for the period worked is transferred in full. Work stoppages or strikes are not permitted in the following professions:

• military;
• social, socially important workers;
• rescuers;
• government workers;
• doctors and workers medical institutions ().

During a strike, an employee has the right not to appear at the official place of work. The head of the organization undertakes to compensate for this period of temporary downtime in the amount of an average monthly salary. Attempts to issue an order or punish an employee for failure to fulfill job duties will be invalid, in accordance with labor law. The employee's return to work is subject to written notification to the employer and a willingness to override all deductions.

The Labor Code of the Russian Federation stipulates that compensation is provided to an employee for wages not paid on time (). For each day of delay, a percentage of the amount due is calculated.

Employer and individual officials leading the organization who are guilty of suspending payments may be subject to administrative liability.

If wages have not been transferred, after two weeks the employee is required by law to:

• contact labor inspection with a written complaint about a violation of the contract between the employee and the employer;
• inform the manager about the decision to stop working before transferring the debt;
• file a claim regarding the violation of the organization and apply to the judicial chamber;
• file a complaint with the prosecutor's office (after 2 or more months of no transfers).

According to the Labor Code of the Russian Federation, the employer is obliged to notify the employee about accruals in in writing.

The accrual sample should consist of:

• number of days worked;
• tariff rate;
• the total amount of wages;
• the amount of withholding for payment of state taxes;
• the total amount to be paid.

The reporting personal statement of accruals must also indicate other deductions, such as vacation pay, compensation, holidays, night shifts and others tariff rates, due for payments (Article No. 136 of the Labor Code of the Russian Federation).

Changes to the Labor Code of the Russian Federation on the payment of wages

The latest edition of the Labor Code of the Russian Federation dated July 3, 2017 states that if there is a delay in payment of wages, the employer must also reimburse compensation for the employee’s downtime. The amount of compensation is calculated as one and a half percent of the average monthly salary, according to the Central Bank of the Russian Federation.

The percentage of salary for compensation may be increased if an additional collective or other type of agreement is drawn up, which describes the terms of payments (Article No. 236 of the Labor Code of the Russian Federation of July 3, 2016).

The changes affected the law on paying wages 2 times a month (Article No. 136 of the Labor Code of the Russian Federation).

Salary payment deadline according to the Labor Code of the Russian Federation

The law states that the financial director of an organization is obliged to transfer salary employee twice a month. The exact terms are established by the employment contract.

Salaries are transferred via bank details to personal card employee or issued locally accordingly. The payment day is specified in the individual employment contract and must be accrued twice, that is, salary before the 15th of each month.

If the payday falls on a weekend, the head of the organization issues an order for accruals on the previous working day.

Vacation pay is paid to the employee for 3 days (Article No. 136 of the Labor Code of the Russian Federation).

Maximum delay period

Wages delayed by 15 days permitted by the law of the Labor Code of the Russian Federation, Article No. 142. This applies to the mid-month advance and the final amount due.

After given period the employee has the right to suspend work and contact the labor inspectorate. If deductions are not paid within two months, the employer becomes liable.

Failure to pay an advance is also considered illegal. If the transfers never occur, the employer is held liable, namely:

• a fine of up to 5 thousand rubles;
• for legal entities a fine of 50 thousand rubles;
• imprisonment from 1 to 3 years (Article No. 145.1 of the Criminal Code of the Russian Federation),

Is compensation due for delayed wages?

Amount of compensation for delayed wages determined by law or employment contract. The employer's responsibility is to pay the full amount and percentage of the average monthly rate for each day of inactivity. It is possible to recover compensation through the labor inspectorate by filing a complaint. The employer is held liable no matter who or what is at fault for the delay.

Download the Labor Code of the Russian Federation

The Labor Code of the Russian Federation explains working conditions and the basis of the relationship between employer and employee.

Any working person must receive a salary on time and in full. This right is guaranteed by the labor code and Russian legislation(Article 21 of the Labor Code of the Russian Federation, Article 37 of the Constitution of the Russian Federation). This article gives full review what kind of punishment is provided for management if payments are constantly delayed.

The employer's liability for delayed payment of wages in 2020 is manifested in the following types:

• Disciplinary punishment (Article 192 of the Civil Code of the Russian Federation) can be incurred by both the employer himself and his official representatives who failed to pay wages and violated other rules on remuneration.
• material punishment (Articles 234-236 of the Civil Code of the Russian Federation) is manifested in the form of accrual and payment of interest to the employee for those days of delay that followed the day of delay in salary.
• Administrative punishment (Article 5.27 of the Code of Administrative Offenses of the Russian Federation) occurs only if the guilt of the manager or his representative is proven.
• criminal punishment: if the mercenary motives of officials are proven, arrest for up to two years may follow.

Disciplinary responsibility

Delayed wages due to the fault of the manager or official representatives is improper execution their direct responsibilities. This may entail receiving one of the disciplinary sanctions in the form of a reprimand, reprimand or dismissal (Article 192 of the Labor Code of the Russian Federation). If the facts of violation are proven, the employer applies appropriate enforcement measures to the management of the institution (Article 195 of the Labor Code of the Russian Federation).

To conduct an inspection, a representative of the interests of employees (this may be a trade union) submits a corresponding application to the employer, which indicates violations on the part of management. For consideration of this document the employer is given 1 week (Article 370 of the Labor Code of the Russian Federation). Next, he takes measures to eliminate violations, selects a form disciplinary punishment and notifies the applicant about this (Article 22 of the Labor Code of the Russian Federation).

The period of validity of this punishment is 1 year from the date of its imposition.

Financial responsibility

This responsibility is imposed on the manager for the delay in paying wages to employees. Employees have every right to demand payment from the employer, as well as receive interest for late payment and compensation for moral damage incurred. In this case, the fact for what reason there was a failure in issuing pay does not play any role. Find out more about the rights of employees in case of delay in payment of wages.

The employer has 15 calendar days left to pay wages from the end of the accrual period (Article 136 of the Labor Code of the Russian Federation). The exact date of payment is determined by the internal regulations of the institution and is supported by the relevant agreement.

Compensation

Additionally

Remedies for late payment of wages:

• are not subject to personal income tax;
• are not included in income tax expenses;
• are subject to insurance premiums for compulsory insurance in the same way as wages.

Since October 2016, the calculation procedure has changed. Interest is calculated in accordance with the key rate of 1/150 (Article 2 No. 272-FZ of July 3, 2016). For example, a fixed salary payment date in a company is the 10th of every month. The employee’s payment for January (50,000 rubles) was made on 02/20/2017. For 10 days (from 02/10/2017 to 02/20/2017 inclusive), taking into account the rate of the Central Bank of the Russian Federation (10%), compensation in the amount of 333 rubles was accrued.

Previously, this rate was 1/300. Thus, the minimum amount for compensation has been doubled by the Law. At the request of the employer, the amount of compensation can be increased and must be specified in labor agreement or local normative act(Article 236 of the Labor Code of the Russian Federation).

Payment for late wages is the direct responsibility of the employer: the employee does not need to submit any documents or complain to higher management. Compensation is paid at the same time as the delayed salary amount.

Suspension of official duties

The employee may not show up for workplace before the day of payment of wages, if the delay in payment exceeds 15 days (Article 142 of the Labor Code of the Russian Federation). You should inform management of your desire in writing.

When management begins making payments, that employee is notified by notice in writing. After receiving it, he must go to his workplace. If he did not do this, this act is regarded as truancy.

All days during the period of suspended work must be paid in the amount of average wages (document No. 14-2-337 of the Russian Ministry of Labor dated December 25, 2013). Read about payment for forced downtime due to the fault of the employer.

Worth noting: regarding the suspension labor activity there are some nuances. Such self-defense actions are legal only in case of delay in payment of wages. If the employee was not paid vacation pay, and he decided not to go to work after the vacation until it was paid, then this will qualify as absenteeism. To defend the payment of vacation pay on time, there is another mechanism of influence.

• military and civil servants;
• people who support people’s livelihoods (electricians, doctors, etc.) or who work in particularly hazardous industries and equipment;
• when a state of emergency is declared.

Administrative responsibility

Punishment can only occur if the manager is guilty of delaying payment deadlines.

The employer is responsible for delayed wages with the following consequences (Article 5.27 of the Code of Administrative Offenses of the Russian Federation):

• manager and individual entrepreneur: warning or fine of 1000-5000 rubles. Repeatedly ─ up to 20,000 rubles (Part 4 of Article 5.27 of the Code of Administrative Offenses of the Russian Federation), ban on holding a position for no more than 3 years.
• fine for the institution: 30,000-50,000 rubles. In case of a repeated incident, a penalty of up to 70,000 rubles is imposed (Part 4 of Article 5.27 of the Code of Administrative Offenses of the Russian Federation).

Day off

If the salary payment deadline falls on a weekend or non-working holiday, it is issued before this day (Article 136 of the Labor Code of the Russian Federation). For example, wages must be paid on the 8th of each month. Then cash for February 2017 is paid to employees on Tuesday, 03/07/2017, since 03/08/2017 is a non-working holiday (International Women's Day). Information on payment for work on a day off according to the Labor Code can be found in the article. If these requirements are not met, the employer may be subject to an administrative fine.

Involvement is possible only through the court. Administrative proceedings are initiated and a corresponding protocol is drawn up. If a delay in payment of wages is detected, state inspection labor is issued an order to repay it within a month. Not only working, but also dismissed employees should receive wages.

Inspectors control the wage payment process, make changes to special register employers who violated the Labor Code. This data is submitted to the prosecutor's office.

Watch the video about criminal liability for non-payment of wages

Criminal liability

This type of liability for delayed payment of wages occurs when self-interest or monetary motives are proven and is punishable by the following measures (Article 145.1 of the Criminal Code of the Russian Federation):

• recovery 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 is chosen depending on the type of non-payment. Partial non-payment of wages means a payment of less than half of the due amount. Criminal liability occurs in case of partial non-payment for more than 3 months and the employer’s selfish goals. Complete non-payment means non-payment of all earnings for 2 months or for the same period payment of wages below the minimum wage. If the employer's malicious intent is proven, he will face a more severe punishment than in the case of partial non-payment.

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.

Delays in employee salaries have significant consequences for the employer and the institution. You should be very careful about meeting payment deadlines, otherwise problems cannot be avoided.

Have questions about employer liability? Ask them in the comments to the article

Salary payment deadlines

The deadlines for issuing wages will change from October 3, 2016. Below we will look at the procedure for issuing salaries before and after this period.

According to the letter of the Federal Tax Service dated August 29, 2016 No. ZN-4-17/15799, a non-resident employee cannot be given a salary in cash.

Until October 3, 2016

Delay of wages

Financial liability accrues to the employer regardless of the presence or absence of his guilt in delaying wages to employees.

Employee actions

How to get your salary on time? Who should I contact? Is compensation due for delayed wages?

If wages are delayed by one day, the employee has the right to begin to defend his rights.

To the labor inspectorate

To do this, you need to contact the labor inspectorate at the location of the organization (this is necessary so that the employer cannot evade solving the problem in an illegal way). The application is drawn up in free form, it is necessary to indicate the violated rights (the fact of delayed wages, the number of days of delay, the delayed amount).

Don't go to work

If the employer has not paid wages within 15 days, the employee has the right to suspend his work until he receives the amount due to him. Before this, the employer must be notified in writing about this decision, referring to.

However, not all categories of workers have the right to suspend their activities. Civil servants, workers servicing hazardous types of production and equipment, workers whose work activities are directly related to ensuring people’s livelihoods: employees of ambulance stations, power plants, water supply enterprises, etc. can't leave your place of work.

The employee must, along with the suspension of his work activity, apply to the court with a statement of claim to recover from the employer the amount of arrears of wages and compensation for the delay in payment. Before doing this, you need to make sure whether the salary has been accrued. If not, then writ of execution can be issued almost immediately after application.

To the prosecutor

If the employee has not received wages within 3 months, then it is necessary to contact the prosecutor’s office or the police, since in this case the employer’s actions fall under Article 5.27 of the Administrative Code.

Fines for the employer

The fine for delayed wages for an individual entrepreneur will be from 1,000 to 5,000 rubles, for a director - from 10,000 to 20,000 rubles, for an organization from 30,000 to 50,000 rubles (Article 5.27 of the Code of Administrative Offenses of the Russian Federation).

If there is a delay of more than 3 months, a criminal case may be initiated ().

Compensation for delayed wages to an employee

If an employer delays wages to employees, then he is obliged to pay compensation in their favor. For each day of delay, starting from the day following the day when payment should have been made, an amount not lower than 1/300 of the refinancing rate established by the Central Bank at the time of calculation of compensation is due (Article 236 of the Labor Code).

Compensation is calculated according to the formula:

Compensation for delayed wages (KlZZP) is equal to the product of wage arrears, 1/300 of the refinancing rate (or percentage established by the organization) and the number of days of delay.

For example, there was a salary delay of 15 days in the amount of 20,000 rubles at a refinancing rate of 10%. Accordingly, compensation will be equal to:

Laws

Article 136. Procedure, place and terms of payment of wages

When paying wages, the employer is obliged to notify each employee in writing:

1) o components wages due to him for the relevant period;

2) on the amount of other amounts accrued to the employee, including monetary compensation for the employer’s violation of the established deadline for payment of wages, vacation pay, dismissal payments and (or) other payments due to the employee;

3) about the amount and grounds for deductions made;

4) about the total amount of money to be paid.

The form of the pay slip is approved by the employer, taking into account the opinion of the representative body of employees in the manner established by Article 372 of this Code for the adoption of local regulations.

Wages are paid to the employee, as a rule, at the place where he performs the work or transferred to the credit institution specified in the employee’s application, on the terms determined collective agreement or an employment contract. The employee has the right to change the credit institution to which wages should be transferred by notifying the employer in writing about the change in the details for transferring wages no later than five working days before the day of payment of wages.

The place and timing of payment of wages in non-monetary form are determined by a collective agreement or employment contract.

Wages are paid directly to the employee, unless another method of payment is provided federal law or an employment contract.

Wages are paid at least every half month on the day established by the internal rules labor regulations, collective agreement, employment contract.

If the payment day coincides with a weekend or non-working holiday, wages are paid on the eve of this day.

Payment for vacation is made no later than three days before it starts.

Article 142. Responsibility of the employer for violation of deadlines for payment of wages and other amounts due to the employee

The employer and (or) those authorized by him in in the prescribed manner Representatives of the employer who delayed the payment of wages to employees and other violations of wages are liable in accordance with this Code and other federal laws.

In case of delay in payment of wages for a period of more than 15 days, the employee has the right, by notifying the employer in writing, to suspend work for the entire period until the delayed amount is paid. Suspension of work is not allowed:

during periods of martial law, a state of emergency or special measures in accordance with the legislation on a state of emergency;

in bodies and organizations of the Armed Forces of the Russian Federation, other military, paramilitary and other formations and organizations in charge of ensuring the country's defense and state security, emergency rescue, search and rescue, fire fighting, work to prevent or eliminate natural disasters and emergency situations, in law enforcement agencies;

civil servants;

in organizations directly servicing particularly hazardous types of production and equipment;

employees, in job responsibilities which includes the performance of work directly related to ensuring the life of the population (energy supply, heating and heat supply, water supply, gas supply, communications, ambulance and emergency medical care stations).

During the period of suspension of work, the employee has the right to working hours be absent from work.

During the period of suspension of work, the employee retains his average earnings.

An employee who was absent from the workplace during his working hours during the period of suspension of work is obliged to return to work no later than the next working day after receiving written notice from the employer of readiness to pay the delayed wages on the day the employee returns to work.

Article 145.1. Non-payment of wages, pensions, scholarships, benefits and other payments

1. Partial non-payment of wages, pensions, scholarships, allowances and other payments established by law for more than three months, committed out of selfish or other personal interest by the head of the organization, the employer - an individual, head of a branch, representative office or other separate structural unit organizations, -

shall be punishable by a fine in the amount of up to one hundred twenty thousand rubles, or in the amount of the wages or other income of the convicted person for a period of up to one year, or by deprivation of the right to hold certain positions or engage in certain activities for a term of up to one year, or forced labor for a term of up to two years, or imprisonment for a term of up to one year.

2. Complete non-payment of wages, pensions, scholarships, allowances and other payments established by law for more than two months or payment of wages for more than two months in an amount lower than that established by federal law minimum size remuneration of labor made out of mercenary or other personal interest by the head of an organization, an employer - an individual, the head of a branch, representative office or other separate structural unit of the organization -

shall be punishable by a fine in the amount of one hundred thousand to five hundred thousand rubles, or in the amount of the wages or other income of the convicted person for a period of up to three years, or by forced labor for a period of up to three years with deprivation of the right to hold certain positions or engage in certain activities for a period of up to three years, or without it, or imprisonment for a term of up to three years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years, or without it.

3. Acts provided for in parts one or two of this article, if they entailed grave consequences, -

shall be punishable by a fine in the amount of two hundred thousand to five hundred thousand rubles, or in the amount of the wages or other income of the convicted person for a period of one to three years, or by imprisonment for a term of two to five years with deprivation of the right to hold certain positions or engage in certain activities for a term up to five years or without it.

Note. In this article, partial non-payment of wages, pensions, scholarships, benefits and other payments established by law means payment in the amount of less than half of the amount payable.

Article 5.27. Violation labor legislation and other regulatory legal acts containing labor law norms

1. Violation of labor legislation and other regulatory legal acts containing labor law norms, unless otherwise provided for in parts 2 and 3 of this article and article 5.27.1 of this Code, shall entail a warning or the imposition of an administrative fine on officials in the amount of one thousand to five thousand rubles; on persons carrying out entrepreneurial activity without forming a legal entity - from one thousand to five thousand rubles; on legal entities- from thirty thousand to fifty thousand rubles.

2. Actual admission to work by a person not authorized to do so by the employer, in the event that the employer or his authorized representative refuses to recognize the relationship that has arisen between the person actually admitted to work and this employer as labor relations (does not conclude with the person actually admitted to work, employment contract), - entails the imposition of an administrative fine on citizens in the amount of three thousand to five thousand rubles; for officials - from ten thousand to twenty thousand rubles.

3. Evasion or improper execution of an employment contract or the conclusion of a civil contract that actually regulates labor relations between an employee and an employer - entails the imposition of an administrative fine on officials in the amount of ten thousand to twenty thousand rubles; for persons carrying out entrepreneurial activities without forming a legal entity - from five thousand to ten thousand rubles; for legal entities - from fifty thousand to one hundred thousand rubles.

4. Commitment of an administrative offense provided for in Part 1 of this article by a person previously subjected to administrative punishment for a similar administrative offense, - entails the imposition of an administrative fine on officials in the amount of ten thousand to twenty thousand rubles or disqualification for a period of one to three years; for persons carrying out entrepreneurial activities without forming a legal entity - from ten thousand to twenty thousand rubles; for legal entities - from fifty thousand to seventy thousand rubles.

The employee must be paid wages at least twice a month. The timing of salary payments must be clearly specified in the individual contract or collective agreement.

Related materials:

The Labor Code of the Russian Federation clearly regulates the rules for issuing wages, which are mandatory for employers.

The employee must be paid wages at least twice a month. The fact that some employers force their employees to write a salary application once a month is absolutely illegal;

The timing of salary payments must be clearly specified in the individual contract or collective agreement. If the designated day is a non-working day, then the employee must be given the money the day before, and not after the weekend;

Accurate information about payments must be entered into the appropriate accounting documents so that the employee can clearly see what was awarded to him in the form of a bonus, and what was withheld and on what basis;

Vacation pay must be paid three days before the official start date of the vacation;

It is unacceptable to pay him a salary “in kind” without the employee’s consent - with the company’s products, etc.

However, in practice, many employers neglected these rules even in prosperous times. And recently, due to the crisis, at some enterprises wages began to be delayed not by a day or two, but by several weeks, or even months.

So, on the due day you did not receive the money due to you. What to do?

If the salary delay is less than 15 days, there is no need for radical action. You just need to remember that for each late payment day, the employer is obliged to pay you a penalty.

According to Article 236, “if the employer violates the established deadline for payment of wages, vacation pay, dismissal payments and other payments due to the employee, the employer is obliged to pay with interest (monetary compensation) in the amount of not less than 1/300 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 up to and including the day of actual settlement.” In this case, the employer must calculate the delayed wages, taking into account penalties, independently. If your employer refuses to compensate you salary delay, this can be challenged in court.

If wages are delayed for more than 15 days, then, according to Article 142 of the Labor Code, “the employee has the right, by notifying the employer in writing, to suspend work for the entire period until the delayed amount is paid.”

However, the Labor Code strictly stipulates cases in which “suspension of work is not permitted:

- during periods of martial law, a state of emergency or special measures in accordance with the legislation on a state of emergency;

- in the bodies and organizations of the Armed Forces of the Russian Federation, other military, paramilitary and other formations and organizations in charge of ensuring the country's defense and state security, emergency rescue, search and rescue, fire-fighting work, work to prevent or eliminate natural disasters and emergency situations , in law enforcement agencies;

- civil servants;

- in organizations directly servicing particularly hazardous types of production and equipment;

- employees whose job responsibilities include performing work directly related to ensuring the life of the population (energy supply, heating and heat supply, water supply, gas supply, communications, ambulance and emergency medical care stations)".

Therefore, before making such a decision, find out if your enterprise is one of the particularly dangerous ones. You can find out from special lists approved Russian government, Gostekhnadzor and Ministry of Emergency Situations. They list particularly important, hazardous, chemical and nuclear production. You can find out if your company is on such a list at trade union organization your industry.

If you are not on any of these lists, then after submitting a written statement that you are suspending work due to non-payment of wages, you have every right to go about your business. Still in the same article 142 it is said that it is not necessary to be in the office at this time. However " an employee who was absent from the workplace during his working hours during the period of suspension of work is obliged to return to work no later than the next working day after receiving written notification from the employer of readiness to pay the delayed wages on the day the employee returns to work.”.

Since the suspension of work due to delay in salary payment is downtime due to the fault of the employer, you have no right to either fire you for absenteeism or impose any other disciplinary action. Moreover, you are required to pay for the period of downtime - at the rate of at least 2/3 of your average salary for this period.

And for employees of organizations financed from the budget. They also have the right to suspend work. The staff of a particular clinic, teachers of a particular school submit an application to their direct employer, with whom they have an employment contract. He, in turn, must raise the issue of non-payments with a higher authority. In addition, you can go to court.

Another difficult case is the delay in final payment after dismissal or termination of a fixed-term employment contract. Here, as you understand, you can’t scare the employer with downtime. There is only one way out - . By the way, the penalty for the delay “drips” in this case too.

A distinction must be made between work suspension and strike. The main difference is that each employee decides to suspend work individually. While a strike is a collective form of protest that a team or part of it can go to in as a last resort- when other ways to solve the problem have exhausted themselves.

If your suspension of work dragged on for a long time, and there was still no money, it’s time to go to court. The specialists in labor rights It is recommended to refer to the following legal norms:

1. The employer violated the provisions of Article 22 of the Labor Code of the Russian Federation “Basic Rights and Obligations of the Employer” by failing to pay you the full amount of wages due within the time limits established by the Labor Code, the collective agreement, and the rules internal regulations organization and employment contract.

2. As a result, the employer used forced labor, which is contrary to the Labor Code of the Russian Federation. In particular, Article 4 of the Labor Code recognizes forced labor as work under “ violation established deadlines payment of wages or payment not in full" The inadmissibility of forced labor is also stated in paragraph 2 of Article 37 of the Constitution of the Russian Federation and in the Convention International organization Labor No. 105 “On the Abolition of Forced Labor,” which Russia ratified in 1998.

3. Failure to pay you your salary on time is also contrary. Our country joined it back in 1961.

4. You suspended work due to the fault of the employer due to absence cash, « ensuring a decent human existence for himself and his family"(Article 2 of the Labor Code of the Russian Federation).

5. You also have the right to demand compensation for material damage resulting from “ illegal deprivation of his opportunity to work"(Article 234 of the Labor Code of the Russian Federation), as well as compensate " moral damage caused to an employee by unlawful actions or inaction of the employer"(Article 237 of the Labor Code of the Russian Federation). Material damage in this case is at least 1/3 of the salary and plus 1/300 of the Central Bank refinancing rate for each day of downtime.

For reference:

In 2007, an amendment to the Criminal Code of the Russian Federation (Article 145.1) was adopted by the State Duma and signed by the President, providing for criminal punishment for non-payment of wages. So, if an employer, out of personal interest, does not pay wages, benefits, stipends or pensions for more than two months, he faces a fine of 120 thousand rubles. He may also be deprived of the right to hold certain positions for a period of 5 years, and in special cases even imprisoned for up to two years. If non-payment of wages leads to serious consequences, then the boss can be fined up to 500 thousand rubles or even imprisoned for a term of 3 to 7 years (previously up to 3 years).