What to do if salary is delayed

Calculation of compensation for delayed wages

The employer is primarily responsible for the violation of salary terms in the ruble.

The employee must receive compensation for every day of delay in wages, regardless of whether the employer is guilty or not.

Calculate the compensation and contact the management with a request (better written) to issue a salary. Argument your demand with Article 236 Article 236. Liability of the employer for delayed payment of wages and other payments due to the employee of the Labor Code of the Russian Federation.

To calculate the compensation, the following formula is applied:

(debt - personal income tax) × 1/150 of the key rate of the Central Bank × number of days of delay

From February 9, 2018, the key rate of the Bank of Russia is 7.5%.

Compensation may be greater than the amount received according to the formula, if it is provided for by the collective or labor agreement and other local acts.

Suspension of work

If the management of the company has a policy of "no money, but you hold on", you have the right not to work. The argument is Article 142 of the Labor Code of the Russian Federation.

Write a notice of the suspension of work due to non-payment of wages. And after that, be sure to register it with the secretariat or accounting department. This is proof that the leadership has received it and you are exercising your legal right, and not skipping.

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

You cannot pause work if:

The country has an emergency regime or martial law has been introduced.
You are a civil servant.
You work in a highly hazardous production facility.
You work for an ambulance, a rescuer, a firefighter, a policeman, or your job is in some other way related to the life and safety of the population.

If the employer has changed his mind and notified you in writing about his readiness to pay wages, you must appear at the workplace on the next working day. If not, complain to the Labor Dispute Commission (CCC) or Labor Inspectorate.

Complaint to the CCC and labor inspectorate

How to complain to a labor dispute committee

Term: no later than 3 months from the start of the delay in wages.
Statement: written, subject to registration.
Consideration period: 10 calendar days.
Deadline for appeal: 10 calendar days.

CCC is the primary body for resolving individual labor disputes. Usually it is created in factories and other large enterprises. If you do not have a CCC, you can initiate its creation. If the employer supports, a commission of representatives of employees and the employer (50/50) must be formed within 10 days.

If the KTS considers the employee's requirements to be justified, he will be issued a special certificate. It is considered an executive document, that is, you can go to the bailiffs with it.

How to complain to the labor inspectorate

Term: no later than 3 months from the start of the delay in wages.
Statement: written or electronic.
Consideration period: 30 days.

If the employer has refused to create a CCC, contact the state labor inspectorate. These are the territorial bodies of the Federal Service for Labor and Employment (Rostrud). They monitor compliance with labor laws and are in every region.

You can complain to Rostrud:

Personally. Write a statement of non-payment of wages and take it to the inspection. You can find your labor inspection using a special service. In the application, be sure to indicate how much is not paid and what is the amount owed. You can ask the employer not to disclose the “source of the complaint” to the employer (Article 358 of the Labor Code of the Russian Federation).
Through the Internet. For this, Rostrud has a separate service.

The labor inspectorate must check the employer and issue him an order for the payment of wages. And if there are grounds - to bring to administrative responsibility.

Violation of labor legislation, according to article 5.27 of the Code of Administrative Offenses of the Russian Federation, is fraught with a fine: from 1,000 to 5,000 rubles for individual entrepreneurs and from 30,000 to 50,000 rubles for legal entities.

Complaint to the prosecutor's office and going to court

How to complain to the prosecutor's office

If the appeal to the CCC and the labor inspectorate was unsuccessful, and also if the delay in salary has greatly complicated your life (for example, you are late in mortgage payments or are sick), defend your rights in the supervisory authorities and in court.

Submit an application for non-payment of wages to the prosecutor's office at the place of registration of the employing company. Fill in the details, indicate the period and amount of debt, the time of suspension of work (if any), where you have contacted earlier and what they answered. At the end, formulate your requests.

You can ask not only to collect the debt from the employer, but also to initiate a criminal case against the employer. According to article 145.1 of the Criminal Code of the Russian Federation, complete non-payment of wages for more than two months is punishable by a fine in the amount of 100,000 to 500,000 rubles, forced labor for up to three years, or imprisonment for the same period.

How to go to court

Limitation period: 1 year.
State duty: absent.
Jurisdiction: the district court at the place of company registration or place of actual work.

If the salary is accrued, but not paid, that is, the fact of indebtedness is indisputable, you can go to court by way of order. Minimum time and hassle.

The court order is issued within 5 days from the date of application. The parties are not summoned, the trial is not held. The employer has 10 days to challenge, after which he must immediately pay all debts.

If it is not clear when the delay in wages began and what the amount is (lawyers call this a dispute about rights), they resort to action. It is more difficult and longer, but it is possible to sue not only wage arrears, but also compensation for moral damage.

Here you have to write a statement of claim. You need to attach to it:

Documents confirming that you work in this company (employment contract, employment order, work book, and others).
Salary documents.
Documents confirming non-payment of earnings (pay slips, bank statements, etc., calculation of debt and compensation).

However, you are not required to continue working for the debtor company. If the fact of non-payment of wages is established, you can resign at any time, without two weeks' work.