What if you do not pay salary?

Leonid Veselov
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��������������������������������������������August 16, 2011
What if you do not pay salary?

To date, the legislation of the Russian Federation provides for penalties for an employer who untimely pays salary or other funds that are due to an employee. If your employer violates the deadlines for the payment of any payments: salary, vacation pay, payroll and any other payments, then he must, in addition to the payments due, also interest on them (in other words, compensation). The calculation of such interest is quite simple, their amount is one three hundredth of the refinancing rate of the Bank of Russia for each day of delay in payment. The refinancing rate is taken on the date of payment. At some enterprises a collective agreement has been concluded in which the amount of compensation for the delay of wages can be stated, in this case, you have the right to receive this amount, but it should not be lower than the amount of interest we considered higher. The same amount of compensation can be spelled out in the employment contract.

There is another caveat: you are obliged to pay this compensation, even if the delay in wages or other payments occurred through no fault of the employer.

If wages are delayed for a sufficiently long period, then you have the right to index (recalculate) all payments and interest on them, because inflation "eats" your money over time.

You should also pay attention to the fact that interest is calculated not on the salary that you get on your hands, but on salary without deducting taxes.

You are not required to require all payments with interest at your employer; Under the law, with even minimal wage arrears, the employer is obliged to independently calculate interest and pay the total amount. But in practice, of course, this happens quite rarely. What if you do not pay salary? Contact the labor commission at the place of residence. Employees of the commission will help draw up a statement and take action. And whether to inform the manager about this or not, this is your choice.

At the same time, you are entitled to claim compensation for moral damage.The amount of such compensation is determined by the joint decision of the employee and the employer. If you could not come to an amount that would suit both parties, then contact the court. The court will take into account the seriousness of non-pecuniary damage, take into account all the circumstances described by you, determine how guilty the employer is, the fairness of your claims, as well as the validity of the employer's refusal and make the appropriate decision.