Wage delay: risks and possible consequences.

Recently, when economic instability is increasingly shaking the domestic economy, many employers, trying to save, delay the wages of workers. However, unlike previous years, the current legislation rather rigidly regulates the relationship between the employee and the employer. Therefore, the delay in wages is associated with greater risks for the employer.

In particular, the labor legislation clearly states that the employer is obliged to pay for the labor of his employees, regardless of the state of his financial affairs.

Consider what rights the employee has in the event that he does not receive his salary on time due to the employer's fault. According to the Labor Code (art. 236), the delay in wages is due to the fact that the employer must subsequently pay compensation. Compensation for the delay in wages is calculated at a rate equal to 1/300 of the so-called refinancing rate. This rate is calculated from the amount of non-payment for each day of delay. The calculation begins to accrue from the day after the payment of the salary was due and until the day when the actual calculation is made between the employee and the employer. Typically, such calculations automatically make the payroll program.

Proceeding from the above, in order to calculate the compensation for the delay in wages, it is necessary to take into account the following parameters:

1. The actual amount of unpaid wages. In this case, the question of whether it is worth taking into account in this amount of personal income tax, while clearly in the law is not registered. Many are guided by the articles of the labor code, which states that compensation should be paid for unpaid wages, and since the salary is already given with the deducted personal income tax, the compensation is calculated taking into account the deduction of the tax.

2. The next parameter is the number of days overdue for payments. As noted above, wage arrears are counted from the next day after the day when payment is due. And on the day of debt repayment.

3. And the last parameter is 1/300 of the refinancing rate of the Central Bank of Russia. Since its size is constantly changing, the size of the bet itself is best specified on the official website of the Central Bank.

When all three parameters are known, compensation for wage delay is calculated by multiplying them: the actual wage arrears, the number of days of delay, 1/300 of the CBRF rate.

Employees also need to know, and employers do not forget that compensation is calculated regardless of the extent of the employer's fault. That is, even if the employer did not have money to pay with staff, compensation will still be assessed.

In addition, if the delay in wages is more than half a month, then the employee has the legal right not to go to work until the debt is repaid. However, the employer must be notified in writing. At the same time, according to the latest explanations of the RF Armed Forces, for the period of non-availability of workers for work, the organization is obliged to pay them the average earnings received for this period .

But there is also a small nuance, because such categories of employees as civil servants, workers in hazardous industries, personnel involved in energy supply, gas, water, heat, medical care and communications can not suspend their activities.

In this regard, today employers are trying to avoid such phenomena as a delay in wages, and are making every effort to repay it. Otherwise, if the process is dragged out, the amounts of debts and compensation payments will grow , which can lead to bankruptcy of the enterprise.