Calculation of compensation for delayed salaries. Compensation

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2018-03-18 11:45:50

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Every employee is entitled to receive a salary, and the employer is required to pay it. She may be charged. If the head of the company can not pay wages to employees on time, they can claim compensation. Such a possibility is provided for in labour legislation. What if the company started to delay salary? Where to complain to the staff? Will find out next.

the calculation of compensation for delayed salaries

The urgency of the problem

The compliance by tenant of the terms established for salary payments to employees, is today a widespread violation of labor laws. For such an offense the employer may be brought to administrative, material or criminal liability. The labor code of the Russian Federation establishes a number of requirements to the procedure of accrual s/n. In particular, it should be calculated at least once every 2 weeks. The period in which the employees receive cash remuneration for their work, prescribed in the collective agreement. If he fails, then employees are entitled to compensation for delay in payment of wages. It does not matter the circumstances under which it happened. Compensation of delay is performed in cases when it was not the fault of the employer. At one time the country has run rampant wage arrears to state employees. Currently the situation has improved, but the violation of the terms still has a place.

Responsibility

The Delay in payment of wages shall be punished:

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

The Latest measure is applied in repeated violation of the terms of payment of wages.

Specifics of calculation

The Delay of salaries for the month it calculates the percentage of the rate of 1/300 of the Central Bank. Similarly, the calculation at dismissal, and also when leaving on vacation. Calculation of compensation for delayed salaries is carried out on the entire amount, including the advance and premium. Reimbursement shall not be taxable. In that case, if the date of receipt coincides with a holiday or weekend, you should make a calculation in advance to avoid extra costs.

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the labour code of the Russian Federation

Employee Rights

If the delay in the payment of wages is 2 weeks, the employee may notify the Director in writing that terminates its activities prior to the full repayment of the debt. The employee may also file a lawsuit in court. As practice shows, workers ' demands are usually met, even if the fault of the head in a salary delay no. The amount of compensation is determined by the decision of the court on the basis of an employment agreement. After the employee filed, he is entitled to go to work. However, after the court decision in his favor, he is obliged to pursue professional activity in the enterprise. Otherwise, his absence from work will be regarded as a disciplinary offence. As a rule, the employer repays the principal debt, and the calculation of compensation for delay in wages are not. This is precisely the reason for going to court. If you delay the payment more than 2 months, the employer could face criminal liability. It involves a fine of up to 120 thousand rubles and imprisonment up to 7 years.

the delay in wages where to complain

Calculation of compensation for delayed salaries

The Calculation is carried out according to the following formula:

Compensation = amount of debt x (% rate of the Central Bank/300) x the number of days of delay.

You Can use the following scheme:

Compensation = s/n x # of days x x 1/300 article where:

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

Examples

Let's Say the 20th of the month the employee received an advance of 5 thousand rubles, His salary is 15 thousand rubles, the Salary the employee received on the 23rd of the following month. In accordance with the schedule, the repayment period is 5 number. In this case there is a delay of 18 days. Calculation of compensation for delayed wages is carried out using the bet 0,082

K = 10 000 x 18 x 1/300 x 0,082 = 49.19 R. delayed wages for a month

The Amount of compensation is not so large, however, the employee must receive. Consider one more example. Under the collective agreement, compensation for delay s/n is 0.06% per day. For example, payment for July 2014 and receive s/p for August was made on 17 September of the same year. The debt for July - 30 thousand. for August - 50 tys. R. the Calculation is carried out in accordance with the terms of:

  • 30 thousand rubles (in July) - 43 days (the calculation is made on 6 August);
  • $ 20 (Deposit for August) - 28 days (at 21.08 17.09);
  • 30 tys. R. (s/p for August) - 12 days (6.09 17.09 in).

The Calculation would be as follows:

(43 x 30 x 0,06% + 28 x 20 x 0,06% + 12 x 30 x 0.06%) x 1000 = R. 1326

The Nuances of accrual

As was said above, delay of the salary compensation is calculated at the rate of the Central Bank. This minimum may be increased under the terms of the employment contract. The first day of delay shall be the date following the number of payments s/n on schedule. Recent - number of actual repayment of the debt. If you change the Central Bank's rate calculation is performed separately for each indicator. The amount of compensation is added to the s/p. the Employee may, upon written notice to stop work at the enterprise. The law, however, cases when it is the right of an employee to implement:

  1. When a state of emergency.
  2. Employee working in the company, ensuring the defense of the state, or in state organizations.

the delay in payment of wages

Delayed payment of wages: where to complain?

First and foremost, you should attempt to resolve the situation peacefully. To do this, the employee calls directly to the head with the statement about compensation for the delay. If the employer ignored the appeal, the clerk writes the notification that he is suspended. The Manager must sign a copy of the notice. If he refuses to do so, the notification can be sent by registered letter. After you receive a notice that the tenant received the letter, work can be paused.

Labour legislation thus obliges the Director to pay for the downtime in addition to compensation for the delay of earnings. The calculation is carried out in accordance with the average s/n. If the Manager has sent notice of its intention to pay the debt, the employee must return to work. If a peaceful way to resolve the issue failed, the employee may apply to the trade Union with the requirement to create a Commission to resolve labor disputes. In its composition should include representatives of the staff and the employer in equal amounts. To apply to the Union not later than 3 months from the first day of delay. The CCC shall review and register the application within ten days and notify the employee. The Commission's decision is the leader's responsibility to repay the debt within 3 days. In case of disagreement of the employer, he may apply to the court.

delayed wages

Work on

The Employee may write a statement to GIT. It should contain information about yourself, name, address of the enterprise location, the name of a Director. The text of the statement should clearly state the problem, facts, specify the amount and maturity of debt. If there is evidence of a late payment, it is advisable to include them in the application. It is also desirable to make a copy of the employment contract. The application together with the applications can be brought personally or sent by registered mail. Consideration shall be made within one month. In establishing the fact of violation of the obligations the employer will receive a notice with a demand to repay the debt. In this case the employee is entitled to unilaterally terminate the contract with the employer.

compensation for delay in payment of wages

Appeal in court

The statement of Claim goes to court with the application proof of employment. They are: contract and employment history. In the code of civil procedure set out the requirements to practice. Failure to do so, the court may return the claim to the applicant. If you meet the requirements the employee will receive the writ. Principal debt it can issue to the date of the decision. As regards the remaining amount, then the writ will be available after the entry of the court judgment into effect. As part of the process can also demand compensation for moral damage. In that case, if wages accrued, but not paid, the employee may apply to the magistrate. In this case, the proceedings shall be conducted in a form of an order. After consideration of the application be issued a court order. It is the writ of execution with whom the employee comes in the FBS.

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AR: https://www.tostpost.com/ar/finance/6464-calculation-of-compensation-for-delayed-salaries-compensation.html

BE: https://www.tostpost.com/be/f-nansy/11550-razl-k-kampensacy-za-zatrymku-zarplaty-vyplata-kampensacy.html

DE: https://www.tostpost.com/de/finanzen/11550-berechnung-der-entsch-digung-f-r-die-verz-gerung-der-geh-lter-die-ausz.html

ES: https://www.tostpost.com/es/finanzas/11559-el-c-lculo-de-la-indemnizaci-n-por-el-retraso-de-los-salarios-el-pago-.html

HI: https://www.tostpost.com/hi/finance/6465-calculation-of-compensation-for-delayed-salaries-compensation.html

JA: https://www.tostpost.com/ja/finance/6464-calculation-of-compensation-for-delayed-salaries-compensation.html

KK: https://www.tostpost.com/kk/arzhy/11553-raschet-kompensacii-za-zaderzhku-vyplata-kompensacii.html

PL: https://www.tostpost.com/pl/finanse/11548-obliczanie-odszkodowania-za-op-nienie-wyp-aty-wyp-ata-odszkodowania.html

PT: https://www.tostpost.com/pt/finan-as/11544-o-c-lculo-da-compensa-o-por-atraso-de-sal-rios-o-pagamento-de-compensa.html

TR: https://www.tostpost.com/tr/maliye/11554-hesaplama-gecikme-i-in-tazminat-maa-tazminat.html

UK: https://www.tostpost.com/uk/f-nansi/11550-rozrahunok-kompensac-za-zatrimku-zarplati-viplata-kompensac.html

ZH: https://www.tostpost.com/zh/finance/7024-calculation-of-compensation-for-delayed-salaries-compensation.html






Alin Trodden - author of the article, editor
"Hi, I'm Alin Trodden. I write texts, read books, and look for impressions. And I'm not bad at telling you about it. I am always happy to participate in interesting projects."

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