Worth considering: SuperJob expert told Crimeans what to do when wages are delayed
Alexander Yuzhalin, head of SuperJob’s legal practice, told what to do if the employer delays wages, how acceptable it is, whether there should be any additional charges for the number of days of delay, and where to apply in this case.
Terms of payment of wages.
The Labor Code of the Russian Federation establishes an obligation for the employer to pay wages to employees every half a month (or 2 times a month). The employer must establish specific days for the payment of wages in the internal labor regulations, in the labor or collective agreement. Further, wages must be paid strictly on fixed days (or the day before, if the day of payment of wages falls on a non-working day). Failure to pay wages on the specified day will already be a violation of the law.
How much wage delay is allowed?
The law does not provide for the possibility for an employer to delay the payment of wages in principle. Therefore, the delay in wages is unacceptable at all.
Should there be any additional accrual by the number of days of delay?
If the employer violates the terms of payment of wages (delays the payment of wages), he must pay the employee additional compensation for each day of delay (until payment of wages in full).
The amount of compensation is not less than one hundred and fiftieth of the key rate of the Central Bank of the Russian Federation in force at that time from the amounts not paid on time for each day of delay, starting from the next day after the due date of payment until the day of actual settlement inclusive.
What to do if the employer delays wages? Where to apply?
In case of violation by the employer of the terms of payment of wages, the employee has several options:
1) Filing a complaint against the actions of the employer to the State Labor Inspectorate (GIT).
Upon the fact of the appeal, the State Inspectorate may check the facts set forth in the complaint, oblige the employer to eliminate the violation and / or bring the employer to administrative responsibility;
2) File a claim with the court.
If the delay in wages continues for a long time, it is advisable for the employee to file a claim with the court for the recovery of unreceived wages.
3) If the delay in wages is more than 15 days, the employee has the right, by notifying the employer in writing, to suspend work for the entire period until the payment of the delayed amount. During the period of suspension of work, the employee has the right to be absent from the workplace during his working hours, and during this time he will retain his average earnings.
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