Calculation of compensation for the delay of wages. Payment of compensation

Every employee has the right to receive a salary, and the employer must pay it. It can be charged on different systems. If the head of the enterprise can not pay wages to employees on time, they can demand compensation. This possibility is provided for in labor legislation. What should I do if the company begins to delay wages? Where to complain to employees? We will explain this further.

Relevance of the problem

Failure to comply with the terms established by the employer to pay employees, is today a fairly common violation of labor law. For such an offense, the employer may be brought to administrative, material or criminal liability. The RF Labor Code establishes a number of requirements for the procedure for calculating wages. In particular, it should be calculated at least every 2 weeks. The term in which employees receive a monetary reward for their work is prescribed in the collective agreement. If it is violated, employees are entitled to compensation for delay in payment of wages. In this case, the circumstances in which this happened will not be relevant. Reimbursement of delay is also carried out in cases where it occurred not through the fault of the employer. At one time in the country, the wage arrears of public sector workers have become alarmingly high. At present, the situation has improved somewhat, but the violation of the timetable is still taking place.

A responsibility

The delay in payment of wages is punished:

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

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

Specificity of charge

The salary delay for the month is calculated at a percentage of 1/300 of the Central Bank's rate. Similarly, accrual is performed upon dismissal, as well as on leave on leave. Calculation of compensation for the delay in wages is carried out for the full amount, including the advance and premium. Compensation is not subject to taxation. In the event that the day of receipt coincides with the 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 can notify the manager in writing that he ceases to operate until the debt is fully repaid. An employee can also file a claim in court. As practice shows, the demands of employees are most often met, even if the head of the wage does not have a salary delay. The amount of compensation is determined by a court decision on the basis of a labor agreement. After the employee has applied, he has the right not to go to work. However, after the adoption of a court decision 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 the compensation for the delay in wages. This is precisely the reason for going to court. If the payment is delayed for more than 2 months, the employer may face criminal liability. It involves a fine of up to 120 thousand rubles, and imprisonment up to 7 years.

Calculation of compensation for the delay of wages

The charge is calculated using the following formula:

Refund = amount of debt x (% rate CB / 300) x number of days overdue.

You can use this scheme:

Compensation = з / п х number of days х 1/300 х items, where:

• S / n - the amount of debt;
• Number of days - delay time;
• St - the refinancing rate.

Examples

Let's say that on the 20th of the month the employee received an advance of 5 thousand rubles. His salary is 15 thousand rubles. The employee received the salary on the 23rd of the following month. In accordance with the schedule, the maturity of the debt is 5 days. In this case there is a delay of 18 days. Calculation of compensation for delayed wages is carried out using the rate of 0.082:

К = 10 000 х 18 х 1/300 х 0,082 = 49.19 р.

The amount of reimbursement is not that large, however, an employee must receive it. Let's consider one more example. Under the collective agreement, compensation for delayed wages is 0.06% for each day. Let's assume that the accrual for July 2014 and the receipt of money for August were made on September 17 of the same year. The value of the debt for July - 30 thousand rubles, for August - 50 thousand rubles. The calculation is carried out in accordance with the terms:

• 30 thousand r. (For July) - 43 days (the calculation is made from August 6);
• 20 thousand r. (Advance payment for August) - 28 days (from 21.08 to 17.09);
• 30 thousand r. (S / n for August) - 12 days (from 6.09 to 17.09).

The calculation is as follows:

(43 x 30 x 0.06% + 28 x 20 x 0.06% + 12 x 30 x 0.06%) x 1000 = 1326 rubles.

Nuances of charging

As was said above, with a salary delay, the compensation is calculated at the Central Bank rate. This minimum may be increased by the terms of the employment contract. The first day of delay is the date following the day of the payment of the wage on schedule. The last is the number of actual debt repayment. When the CB rate is changed, the calculation is carried out separately for each indicator. The amount of compensation is added to s / n. The employee can stop the activity at the enterprise with a written notification. The law, however, establishes cases when the employee can not realize this right:

1. When imposing a state of emergency.
2. The employee works at an enterprise that provides the defense capability of the state, or in the state organization.

Salary delay: where to complain?

First of all, we 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 has ignored the appeal, the employee writes a notice stating that he is suspending work. The manager must sign the copy of the notice. If he refuses to do this, then the notification can be sent by registered mail. After the notice that the employer has received the letter comes, the work can be suspended.

The labor legislation at the same time obliges the head of the enterprise to pay the forced simple in addition to compensation for the delay in earnings. The accrual is carried out in accordance with the average monthly salary. If the head sent a notice of his willingness to repay the debt, the employee must return to work. If, however, the question has not been resolved peacefully, the employee has the right to apply to the trade union with the demand to create a commission to resolve the labor dispute. In its composition there should be representatives of the collective and the employer in equal numbers. Contact the trade union can be no later than 3 months from the first day of delay. The CCC should consider and register the application within ten days and notify the employee about it. According to the decision of the commission, the head must repay the debt within 3 days. If the employer disagrees, he can apply to the court.

Labour Inspectorate

An employee can write an application to GIT. In it it is necessary to indicate information about yourself, the name, the address of the enterprise, the full name of the director. The text of the statement should clearly state the essence of the problem, facts, indicate the amount and term of the debt. If there is evidence of a delay in payment, it is advisable to attach them to the application. It is also desirable to make a copy of the employment contract. The application together with the applications can be brought in person or sent by registered mail. Consideration is carried out within a month. When determining the fact of violation of obligations, the employer will be notified with a demand to pay off the debt. In this case, the employee has the right to unilaterally terminate the contract with the employer.

Appeal to the court

The statement of claim is sent to the court with the application of evidence of employment. They are: a contract and a work book. The CPC sets out the requirements for drafting the appeal. In case of non-compliance, the court can return the claim to the applicant. If the requirements are met, the employee will receive a writ of execution. The main debt can be given out on the day of the decision. As for the remaining amount, the writ of execution can be obtained after the entry into force of the court order. The process can also demand compensation for moral damage. In the event that the salary is assessed, but not paid, the employee has the right to apply to the justice of the peace. In this case, the proceedings are carried out in a special, orderly manner. Upon termination of consideration of the application, a court order is issued. He is the executive sheet with which the employee goes to the FSSP.