The invisible hand of the TV market. Who bought the RTVi channel? Gutseriev and miners: divorce and money - not in half Rtvi does not pay salaries
Where to go and what to do if the employer does not pay wages
Where do you go if you don't get paid? This issue, despite the rather strict legal regulation in the labor sphere, still does not lose its relevance.
In this case, there are several options for the development of events (by the way, nothing prevents you from using all of them at the same time):
If you do not know where to turn, if they do not pay salaries, then keep in mind that your leadership should be the first instance. Under the current legislation (Article 142 of the Labor Code of the Russian Federation), an employee is vested with the right to self-defense, which can be expressed in the form of absence from work in the event of a delay in payment of wages for a period of more than 15 days. But it must be said that in this case the employee is obliged to notify the employer in writing of his intention.
At the same time, the provisions of the law establish the obligation of the employee to come to work no later than the next day after receiving a notice from the employer about the readiness to pay the debt on the day he resumes work.
In addition, this article of the Labor Code provides for a number of restrictions for employees of certain specialties who do not have the right to suspend work:
Contacting the Labor Inspectorate
This method is effective and most convenient for most workers for the reason that this body was created specifically to ensure the implementation of labor legislation and oversee its implementation. In order for the labor inspectorate to come to your aid, it is enough to write a written appeal in free form.
On its basis, an audit will be carried out, as a result of which (if a violation of the law occurs), sanctions will be applied against the employer. In addition, the inspection specialists will help you draw up the necessary documents for applying to the court.
Going to court
In this case, it is not about punishing the culprit, but about returning honestly earned money. The competent authorities (listed above) will deal with the application of sanctions against the employer, and you need to take care to return your money.
In a statement of claim, you can demand not only the return of the amount of debt, but also the calculation of compensation in the amount of 1/150 of the key rate of the Central Bank of the Russian Federation (currently 7.50% per annum) for each day of delay. It should be noted that the accrued compensation should be counted from the day following the one when you were supposed to be paid wages. That is, if it should be issued on the 15th, then compensation will be accrued from the 16th.
In addition, if they do not pay wages, it will not be superfluous to contact the prosecutor's office, but more on that later.
Everyone can use one or more of the proposed options (see also: Where to complain about the employer, and how to complain correctly?). One thing is for sure: if the employer does not pay wages, he can and should be held accountable and protect his rights. To this end, the legislator has provided several effective mechanisms of legal protection.
Don't know your rights?
How to apply to the prosecutor's office for an employer
The prosecutor's office is a supervisory body authorized, among other things, to conduct prosecutorial checks on received applications from citizens (see: How to file a complaint with the prosecutor's office (sample)?). Due to the fact that the current legislation provides for several types of liability, the prosecutor has the right to conduct an audit in order to apply sanctions against an unscrupulous employer.
How to proceed:
- Come to the prosecutor's office.
- At the entrance, find out the name and number of the office of the officer on duty (the prosecutor or one of his assistants or deputies).
- State the essence of the problem to the duty officer.
- Write a statement to him.
If you do not have time for personal visits, you can write a free form application and send it by mail.
Who and where to call if wages are delayed
Where can I call if there is a delay in wages? In accordance with Articles 2 and 3 of the Law “On the Procedure for Considering Citizens’ Appeals Russian Federation” dated 02.05.2006 No. 59-FZ, citizens have the right to apply with an appeal to any state body in any form and receive a response to their appeal.
The law does not provide mandatory form such an appeal. Therefore, if delayed wages, you can also apply by calling the above bodies - the prosecutor's office or the labor inspectorate.
But it should be noted right away that all official checks are carried out only if there is a reason, that is, an appeal that must be made in writing. This means that you can get advice on possible further actions and arrange a meeting with representatives of the state body by phone, but if you want to take real action from these bodies to resolve the situation, you still have to apply in writing.
How much they can not pay wages and is it permissible
In general, if they do not pay wages, we suggested what to do. However, life is unpredictable, and the situation may be such that the delay occurs for reasons beyond the control of the employer. In this case, a reasonable question arises: how much can they legally delay wages?
According to Art. 136 of the Labor Code of the Russian Federation, wages must be paid at least 2 times a month - on days that are established by the internal labor regulations of a particular organization. In this regard, violation of the specified terms even for 1 day is unacceptable and may be the basis for bringing the employer to responsibility.
Of course, it is unlikely that anyone will knock on the thresholds of authorities if the money was delayed for a day, but from a theoretical point of view, this is possible. Thus, we emphasize once again: it is impossible to delay wages, regardless of the timing. Otherwise, there is a reason to hold the employer liable.
Responsibility of employers who do not pay wages (including after dismissal)
In case of salary delay or in case of violation of other labor rights of employees, the employer is responsible for this under parts 6 and 7 of Art. 5.27 of the RF Code of Administrative Offenses:
- officials and individual entrepreneurs are fined from 10,000 to 20,000 and from 1,000 to 5,000 rubles, respectively;
- for legal entities the fine is from 30,000 to 50,000 rubles;
- if a violation of this kind is repeated, the fines increase: from 20,000 to 30,000 rubles for officials, from 10,000 to 30,000 for individual entrepreneurs and from 50,000 to 100,000 rubles for organizations.
In case of complete non-payment of wages for 2 or more months, sanctions are applied in accordance with criminal law. Art. 145.1 of the Criminal Code of the Russian Federation provides for punishment:
- in the form of a fine, the amount of which is from 100,000 to 500,000 rubles or equal to the salary or other income of the convicted person for a 3-year period; or
- imprisonment for up to 3 years plus deprivation of the guilty person of the right to carry out certain activities or the opportunity to hold certain positions for a similar period (or without it). It all depends on the specific circumstances of the case and the classification of the act under paragraph 2 or 3 of this article.
Now about good reasons for salary delays. If the employer did not pay wages on time, but this delay occurred due to circumstances beyond the control of the employer, he, in accordance with applicable law, is obliged to pay compensation to employees, which is calculated at the key rate of the Central Bank of the Russian Federation (see. : What is the compensation for delayed wages?). He may also be held administratively liable.
AT this issue the legislator is strict: he did not provide for the possibility of avoiding compensation even in the event of force majeure. But administrative and criminal liability can be avoided (as shown by arbitrage practice).
Unfortunately, the problem of non-payment of wages by unscrupulous employers is still relevant. Many managers first of all solve problems with their own profit, only then they deal with the issues of earning employees.
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An employee who finds himself in a similar unpleasant situation must independently monitor the observance of his right to remuneration.
There are several instances where an employee can apply if a fact of delay, partial or complete non-payment of wages has been revealed.
Russian legislation also provides for sanctions for employers who violate the rights of their employees.
General information
Each company has set specific dates and the issuance of wages and advances to employees.
For many people, even small delays in monthly wages are critical.
Often an unscrupulous employer does not want to make contact with an employee.
If the problem with the delay in wages remains unresolved, the employee must know where to turn if they do not pay wages.
The main goal of the employee in this case is to return the money earned, and the authorized bodies should deal with the sanctions against the employer.
What does the law say?
The Labor Code regulates some issues related to salary:
- establishes that every employee has the right to timely remuneration;
- It states that the employer is obliged to provide workers with wages equivalent to the efforts made.
The term of the monthly payment and its size are established in the Regulations on wages or other local acts of the company.
Where do you go if you don't get paid?
Federal Law No. 59-FZ gives every citizen the right to apply to any state body and receive a response to his request.
To restore his right to remuneration, an employee can apply to the following state authorities:
- to court;
- to the prosecutor's office;
- to the labor inspectorate.
Not provided strict forms for applications with which a citizen can apply to the labor inspectorate or the prosecutor's office.
However, it is worth knowing that government bodies an appeal from a citizen will be accepted only if there is a reason, drawn up in writing.
You can also get advice from the authority orally, but if you need a result, then you still need to apply in writing. Then the application will be accepted, and a check will be made with further proceedings on the fact of violation of rights.
How long can you delay?
By law, management should not delay the payment of the due amounts to employees even for 1 day. But due to the fact that the responsibility of the employer for such a violation comes from a later time, we can say that the conditional delay period is still present.
This period is stipulated in, it is 15 days from the day when the payment arrears were formed.
What to do?
If the employer has not transferred the money on the appointed day, the employee is advised to wait for the minimum period during which wages can still be transferred without penalties for the employer.
After that, you can proceed to action - contacting the management or the appropriate authorities.
Absenteeism
An employee who thinks where to turn if they do not pay a salary should know that the first instance is his own leadership.
In accordance with the already mentioned Article 142, any employee has the right to self-defense.
Protection of one's own rights in this case consists in refusing to go to work. However, this step is only possible under certain conditions:
- The delay in payment of wages is 15 days or more.
- The employee must notify the employer in advance of his intention not to appear at work due to non-payment of wages.
It is important to know that if the employer, in response to an employee's notice of absence from work, notifies the intention to pay wages, the employee must return to his work duties the next day.
Who is prohibited from suspending work
So, persons employed in the following areas cannot do this:
- civil service;
- hazardous production;
- life support ‒ Ambulance, heat supply, etc.;
- government units - armed forces, rescue teams, etc.
Similarly, it is prohibited to temporarily stop their labor duties for employees who are employed in territories with a state of martial law or a state of emergency.
Where to complain?
The choice of authority to which you can apply depends on the specific case. For example, categories of workers who are prohibited from intentionally not going to work can immediately contact the labor inspectorate.
Employees whose unscrupulous employers do not respond to claims about salary delays can also submit a written appeal there.
To the labor inspectorate
As a rule, contacting the labor inspectorate is the most effective way to return your earned money.
In addition, the labor inspectorate option is the most convenient for many workers, because this body was created specifically to oversee the implementation of labor laws.
The Labor Inspectorate accepts applications from citizens about violations of their rights in free form.
In such a paper, it is worth describing the situation, taking into account all the details. But the basis of it will be checked.
If violations are found, the employer will be punished. In addition, employees of the labor inspectorate can assist in drawing up a lawsuit in court.
To court
AT court a claim should be filed if the appeal to the labor inspectorate has not yielded results.
The court will help to return honestly earned funds. The authorities that have the right to do so will deal with the punishment of the culprit.
In addition, the court can request labor. The employer will be obliged to pay it, since he used other people's money. Compensation is calculated for each day of salary delay.
For example, if wages are paid on the 1st day of each month, then if wages are delayed, interest will accrue starting from the 2nd day.
Compensation is calculated as 1/150 of the rate of the Central Bank of the Russian Federation for each day of delay.
To the prosecutor's office
The prosecutor's office is authorized to conduct checks on applications from citizens. This body can also be contacted by persons whose employers withhold wages.
An application to the prosecutor's office can be submitted in person or by mail, by sending a registered letter.
But with a personal appeal, the problem will be solved faster. Statements from citizens against unscrupulous employers are not uncommon in the prosecutor's office.
The paper describing the problem must be prepared in duplicate. One of them should be given to an authorized employee, and the second should be left with you.
The application is made in the standard form:
- at the top is a header containing the full name and contact details of the applicant;
- the main part describes the situation;
- at the bottom of the document is the date of submission of the application and the signature of the applicant is left.
When applying to the prosecutor's office, it is necessary to provide evidence of the fact of non-payment of wages. It is better if there are witnesses among colleagues who can confirm the words of the victim.
It is important to know that misrepresentation of facts is punishable.
Required documents
The main document when filing a complaint against an unscrupulous employer with the appropriate authorities is a statement.
It is necessary to provide other documents, if any, confirming the fact of non-payment of wages to the employee.
Nuances
There are some nuances regarding the upholding of the rights to remuneration. One of them concerns foreign workers. Where do they go in case of salary delays?
Labor relations of this category of workers are also regulated by the Labor Code of the Russian Federation. Therefore, they, like other employees, can defend their rights in the same instances.
After dismissal
Upon dismissal, the employee claims to receive:
- wages for the last month worked;
- compensation for unused vacation;
- in some cases, severance pay.
If the employer did not deal with the employee upon his dismissal, then the latter has the right to apply to the same authorities - the court, the prosecutor's office, the labor inspectorate.
However, the basis of the appeal should be formulated somewhat differently, in accordance with the situation.
When informal
Many employees are with employers. Therefore, with delays in monthly payments, they have a reasonable question: where to turn? The situation is complicated by the fact that there is no documentary registration of employment in this case.
The worker must apply to the court. After the existence of an employment relationship is proved in court, a claim can be filed to satisfy the requirements for payment of wages.
However, there is no 100% guarantee that the court will recognize the employment relationship as official.
Work at IP
The same labor laws apply to individual entrepreneurs as to other employers.
Therefore, in case of non-payment of monthly wages from an individual entrepreneur, an employee should follow the same algorithm of actions:
- Contact the employer directly.
- If the appeal has not yielded results, file an application with the labor inspectorate.
- Use the help of the court and the prosecutor's office.
Employer's responsibility
Penalties for unscrupulous employers are set out in the Code of Administrative Offenses and the Criminal Code of the Russian Federation.
However, there are good reasons for delays in payment of wages. These include circumstances that do not depend on the will of the employer.
If such a situation exists, then the employer will be obliged to pay compensation for the days of delay. In this case, he is not involved in imprisonment. However, he may be subject to administrative liability.
The legislation does not provide for ways in which an employer can avoid paying compensation. But he can get rid of criminal and administrative responsibility.
Penalties
In 2019, the delay in monthly wages is punishable by the following sanctions:
- Officials undertake to pay a fine in the amount of 10-20 thousand rubles.
- For individual entrepreneurs, the amount of the penalty is 1-5 thousand rubles.
- Legal entities will be required to pay a fine of 30-50 thousand rubles.
If the fact of a repeated delay in wages is revealed, then the amount of the fine increases and amounts to:
- For officials - 20-30 thousand rubles.
- For individual entrepreneurs - 10-20 thousand rubles.
- For legal entities - 50-100 thousand rubles.
If the employer does not pay the full amount of the debt to the employee within 2 months, then the following penalties are provided for him:
- Imprisonment for up to 5 years. At the same time, the convict is deprived of the opportunity to occupy a similar position or conduct certain activities during a specific period.
- Fine in the amount of 100-500 thousand rubles.
- Loss of income or salary for 3 years.
On the video about actions in case of salary arrears
Victor Topaller. Photo: RTVI
From the editors of ForumDaily: One of the flagships of Russian-language television in America, the RTVI channel, is going through a crisis. Its owner Ruslan Sokolov, who previously headed the Russian patriotic channel Zvezda, found a new investor last year who was ready to invest a large amount of $60 million by RTVI standards over three years. The name of the generous investor was kept secret, however. individual media pointed out that it could be the head of the largest Russian state corporation Rostec Sergey Chemezov. With the advent of investments, a restart of the channel was announced, and a well-known native of NTV, Alexei Pivovarov, became the general producer of RTVI. However, a year later, funding was sharply reduced, the channel began to lay off people, freeze projects and transfer air to a Moscow studio. At the same time, the RTVI leadership does not talk about closing the channel.
His own opinion about what is happening on RTVI was expressed in his column by the TV and radio host, ForumDaily regular columnist Viktor Topaller, who has worked on the channel for 18 years. The editors of ForumDaily are also ready to provide the RTVI leadership with the opportunity to present their own vision of events.
I didn't want to talk about it at all. But probably it should. Moreover, I receive a lot of questions from different people from different countries. Therefore, I answer. All at once. I warn you, I don't know everything. So this is more of a personal experience and observation.
So, after nearly 18 years on RTVI, it's all over. I will confine myself to a rather dry presentation of some facts and share my conviction that everything that Moscow stretches its paws towards inevitably turns, as Voinovich wrote, into a “secondary product”.
The first "decree" of the new leadership (on the same day they took office!) Was discontinued , although the first 8 episodes of the new cycle " All that Jazz' were already ready. I won’t share guesses why it was urgently necessary to kill one of the most popular programs - I must leave you room for imagination? ..
Almost at the same time, I was informed that in a few months the program “In New York with Victor Topaller” was also closing, and they offered to prepare new program"Breakfast with Topaller" (later ), expressing the wish that my wife served tea to the guests ... At that moment, making sure that people were not joking, but speaking quite seriously, I finally understood everything. But I decided to see what happens next...
How should the new program (which had to be filmed no longer on RTVI, but with the Rating-TV production company) differ from the old one? Other than a brilliant tea idea? There was a post on Facebook about it. It is curious that for all his innocent loyalty (not to mention the fact that every word is true), he provoked an angry reaction from the leadership. I will repeat it. To complete the picture.
... As I already reported, the program “In New York with Victor Topaller” ceased to exist and went on the air for the last time on May 14th. This Sunday, a new program should be released on the RTVI channel - "By the Fireside with Topaller".
It differs significantly from the program "In New York ...". Let's start with the fact that its duration is half as long - 24 minutes, not 48. In addition, voice-over comments play an important role, which did not exist before, and the role of video material has increased many times over. The "pure" conversation was replaced by a multifaceted program, which we shoot not in the studio, but in a "home" environment.
The next difference is the guests. Now they are only "stars" of the first magnitude. Previously, people who were little known to a wide audience sometimes appeared in the program, but, in my opinion, they were of great interest to the audience. In addition, the very invitation (or non-invitation) of guests has ceased to be my prerogative - the producer determines who will appear in the program and who will not. Of course, I have a "vote," but nothing more. By the way, I would like to take this opportunity to thank the production company "Rating-TV" for the excellent work and high professionalism.
Another difference is the complete exclusion of politics. Thus, many guests of "In New York ..." a priori could not become guests of "By the Fireplace ...".
P.S. The future of this program still seems to me very vague: there are no agreements on its further production at the moment. But, in any case, ten programs already filmed, I hope you will see.
Well. And so it happened. Ten programs were aired. True, the wife did not serve tea to the guests, I confess. Apparently, therefore, "Rating-TV" did not receive money for further production, and there were no negotiations with me either. We didn't talk to them at all for more than six months. There was no desire. Both, I think. Probably, I showed cowardice, agreeing to a new format - the program definitely ceased to be my author's program. As far as I understand, this was the main goal. But I do not regret at all that I agreed - it was interesting for me to work with professional, nice people, on something new, and I am not ashamed of any of the ten programs. And, to be honest, I didn’t want to tear the ends - after all, almost 18 years ...
Yes! I forgot to tell you about a funny episode. On April 27, when all 10 programs had already been filmed, I received a letter of resignation. A few days later, the RTVI CFO requested a meeting, at which he said that he asked that the letter be considered invalid. I found out that I continue to work until August 31st. I have my own thoughts about what this nonsense is connected with, but I will not expand on this now - again I leave you room for guesswork and fantasies. Thus, the state of sluggish schizophrenia (and I still seem to be working, but no longer working) lasted for several months. 10 programs saw the light, and now they are being played for the second time.
And on September 30, friends told me what happened " general meeting tenants of our house” (naturally, no one invited me), at which “there was a question” about closing the channel. As Kharms would write, the people were told: "our theater is closing - we are all sick." RTVI covered itself with a copper basin, fired almost all employees and, of course, looks to the future with hope and optimism. As I understand it, now the Russian channel RTVI will drive its bullshit out of Moscow and dilute it with the valiant, and most importantly, politically sound, work of the American correspondent. Understandable, right? Bobby is dead.
By and large, I don’t give a damn what the reason for the fact that the channel was ruined: whether everyone skipped too quickly; whether secret investors were horrified by the squalor and dilettantism of the new leadership; whether the political situation has changed; or all together ... What's the difference? You can, of course, speculate for a long time on the topic of all this “rat fuss” or talk about the funny performances of the authorities, the essence of which was reduced to Ostapov’s plan to turn Old Vasyukov into New Moscow, which peacefully coexisted with permanent salary delays (which in itself is the rudest violation of American law, but Russians, as always, are sure that the law is not written for them, and they are very surprised and indignant when they have to bear responsibility).
Okay, that's enough. Everything is so clear and more than obvious. As one of my dear guests, Mikhail Mikhailovich Zhvanetsky, said: “Don’t stand in this in everything - move away” ... It’s even good, probably, that the channel collapsed: perhaps they will still remember it without a squeamish grin ...
Hope we see you again. And thank you: the long years of the life of my programs are largely your merit. And please be safe.
ForumDaily is not responsible for the content of blogs and may not share the views of the author. If you would like to become a columnist, please send your contributions to
The issue of delays and non-payment of wages still does not lose its relevance, despite the serious tightening of measures of legislative regulation of labor relations. What should I do if my salary is delayed?
What to do and where to apply if they do not pay or delay wages? You will find the answers of practicing lawyers to these and some other questions in our article.
What to do if the employer does not pay wages
If they do not pay or delay wages, the Labor Code of the Russian Federation provides for several options for applying to various regulatory authorities. In this case, you can use either one of the methods, or all at the same time. Let's consider them in more detail.
- The first instance, to which the employee must apply without fail in case of a long absence cash payments for the hours worked, is his direct supervision. Labor Code of the Russian Federation Art. 142 gives the employee the right to self-defense, which can be expressed by absenteeism from work if wages are delayed for a period of 15 or more days. In this case, the employee undertakes to notify the employer of his intention in writing. In accordance with labor legislation, the employee must return to the performance of his duties no later than the next day, after receiving a written notice from the employer of consent to pay the amount of wages due to him on the day of going to work. The right to suspend the work process does not apply to employees of the following enterprises and organizations:
- Workers of life support services with utilities (gas, heat, electricity, water, communications).
- Ambulance medical workers.
- Government employees.
- Persons serving hazardous industries.
- Employees of the armed forces of the Russian Federation, emergency services, the Ministry of Emergency Situations, search and rescue teams, etc.
- Employees of territories with an introduced emergency regime or martial law.
- Application to the labor inspectorate. This body was created to ensure control over compliance with the proper implementation of labor legislation. Therefore, handling in this way is the most convenient and effective for most workers. An application to the labor inspectorate is submitted in writing, in free form. On its basis, the authority conducts an inspection of the enterprise and, in case of violations, applies restrictive sanctions against the employer. If necessary, specialists of the labor inspectorate help employees in the formation of a package of documents for applying to the court.
- Application to the prosecutor's office. The Constitution of the Russian Federation empowers the prosecutor's office, which is a supervisory authority, with the authority to conduct the necessary checks in the presence of an application from a citizen. In addition, the prosecutor may conduct an investigation with a view to applying to an unscrupulous employer all the necessary sanctions that are provided for by applicable law. Information about how you will find on our website.
- What to do and where to turn if they do not pay salaries? Of course in court. All of the above organizations (the prosecutor's office and the labor inspectorate) in most cases are engaged in punishing an unscrupulous employer, and the court authorities will help you return your honestly earned remuneration. not only the requirement to return the amount of debt on wages, but also the daily calculation of penalties for the use of unpaid in cash. The fine is calculated in accordance with the current refinancing rate of the Central Bank of the Russian Federation, which in 2015 remained at the level of 8.25%, and since the beginning of 2016 has been 11% per annum. The penalty begins to be calculated from the first day of delay in payment of wages. That is, if the pay day is set on the 10th, then the penalty is charged from the 11th.
Summarizing the above, it can be noted that the legislator provided the employee with several effective ways protection of his own rights, each of which he can use at his own discretion.
Where to go if you don't get paid
Some are interested in the question: is it possible to leave a complaint if they do not pay or delay wages over the phone? The answer to the question can be found in federal law“On the procedure for considering applications from citizens of the Russian Federation”.
In accordance with the above normative act, a citizen has the right to apply to the state authority of interest to him in any convenient form and receive a legally justified response to his appeal.
There is no mandatory form of such appeal by law. From this we can conclude that if an employee is delayed in salary, then he has the right to contact the prosecutor's office or the labor inspectorate by telephone.
However, it is worth noting that the basis for an official check of an unscrupulous employer is a statement from an employee, drawn up exclusively in writing. Simple phone call cannot be a reason for the implementation of any actions on the part of the regulatory authorities regarding the current situation.
By phone, it is best to consult, make an appointment with an authorized representative of the authorities, or determine the procedure for your next steps to resolve the circumstances that have arisen.
Is it possible to delay wages according to the labor code, and for how long?
A little higher, we told you what to do if you do not pay a salary. However, sometimes the economic situation in the country or other force majeure circumstances can make certain adjustments, as a result of which delays in payments to employees occur for reasons beyond the control of the employer. Let's figure out what to do and where to turn if your salary is delayed?
How long is wage delay allowed? Let's look at the law again: Art. 136 of the Labor Code of the Russian Federation states that the employer is obliged to pay wages at least twice a month on the days established by the internal labor regulations.
Any violation of the deadlines (even if it is 1 day), regardless of the reasons, is considered unacceptable and may entail liability with the subsequent application of certain sanctions against the employer. Of course, it is unlikely that any of the employees will apply to the regulatory authorities in the event of a one-day delay in wages, but from a legislative point of view, this is possible and acceptable. The law is on the side of the worker. Delay or non-payment of wages is prohibited. Otherwise, the employer will rightfully be held liable. There are no allowable delays.
Responsibility for non-payment and delay of wages
Delay or non-payment of wages, as well as violation of other labor rights of employees, may result in certain types of penalties against the employer violating the law. According to Art. 5.27 of the Code of Administrative Offenses provides for the following types of liability:
- Penalties ranging from 1,000 to 5,000 rubles are imposed on officials of enterprises and individual entrepreneurs (moreover, for the latter, a forced suspension of activities for up to 3 months is possible).
- For legal entities (enterprises and organizations), the fine ranges from 30,000 to 50,000 rubles, or a punitive measure is applied to suspend activities for 90 days.
- In case of repeated violations of this kind official may be subject to disqualification for up to 3 years.
If wages are not paid in full for two or more months, then penalties are applied in accordance with the rules of criminal law. Based on Article 145.1 of the Criminal Code of the Russian Federation, the following types of penalties are provided for employers:
- In the form of a fine, the amount of which is from 100,000 to 500,000 rubles or equal to the salary or other income of the perpetrator for a 3-year period.
- In the form of imprisonment for up to 3 years with the deprivation of the convicted person of the right to carry out a certain type of activity, or the opportunity to hold relevant positions for a similar period of time (or without it). The measure of punishment depends on the specific circumstances of the case and the classification of the actions of the defendant (according to part 1 or 2 of the article of the Criminal Code of the Russian Federation).
A few words about the valid reasons for the delay in the payments due to the employee. What to do if the employer did not pay wages on time, but this delay occurred due to force majeure, for reasons beyond the employer's actions, then he, in accordance with labor legislation, is obliged to pay the employee monetary compensation calculated subject to the current refinancing rate. In addition, this does not exempt him from additional bringing to administrative responsibility.
In any case, the legislator did not provide for any possibility for the employer to avoid the payment of monetary compensation to employees, regardless of the circumstances. But with regard to bringing to administrative or criminal liability, here, as judicial practice shows, nuances are possible.