Suspension of work due to delayed wages. Suspension of work in case of delay in payment of wages

The article tells how to draw up a statement of suspension of work due to non-payment of wages; it explains how to draw up the correct sample document.

If the organization considers it possible to delay payments by fifteen calendar days, absenteeism due to non-payment of wages will comply with the law.

Until the director pays, you don’t have to go to work, and it won’t be considered absenteeism.

Important! A notice of suspension of activities must be sent. After all, an employee misses work days due to delayed payments. Work stops until the manager transfers the entire amount (Article 142 of the Labor Code).

You need to go to work only after employees have been notified of their readiness to pay all amounts due.

How to notify your manager

Suspension of work due to violation of labor laws must be reported in writing.

2 ways to send notification:

• send a registered letter with notification;
• personally hand over to the secretary or HR specialist a statement of termination of work due to non-payment. It is important to ensure that the secretary stamps the entry and registers the document. In this way, you can protect yourself from unfounded accusations.

If you ignore the procedure, the employee may be declared truant and fired. I'll have to writeresignation letter. Therefore, when the delay lasts fifteen days, on the sixteenth day you can refuse to perform official duties.

3 rules for writing an application:

1. Indicate in the header of the document the surname, first name and patronymic of the specialist, the position he occupies. Write the surname and initials of the manager, and the name of the company.
2. Next, warn about absence from the office until the earnings are transferred. Refer to Art. 142 Labor Code of the Russian Federation.
3. Sign and date.

Application for suspension of work due to non-payment of salaries to employees - the sample does not have a strict form. However, the sample form must contain clear indications that the employee is not just skipping work, but is defending his rights.

When to go to work

Perhaps the management will decide to pay off the debt to the employees. Then the next day after receiving the notification, you need to resume performing your job duties. Verbal promises may not be trusted. After all, only written notice has legal force.

Who is obligated to continue working?

Not all specialists have the right to refuse their duties. There are categories that will have to continue to work.

• government officials;
• specialists on whose work people’s lives depend: water supply, heating, communications, ambulance;
• persons employed in particularly hazardous industries;
• military personnel;
• police officers;
• specialists responsible for state security.

Nuances

Problems often occur despite the fact that employees have notified their superiors in accordance with the form. After all, you can always find reasons to fire a person if you want to. People have to file lawsuits to protect their interests. It is often necessary to go through several instances to find justice. There is another body that is ready to protect the rights of workers - the labor inspectorate. The inspectors' task is to search for violations and impose sanctions on companies.

Summary

1. It’s bad when payments are delayed, but you need to be able to fight for your rights.
2. If they don’t pay, then you can take a break from your duties.
3. The main thing is to notify the employer correctly, fill out a sample application and receive a second one with a notification stamp in your hand.
4. The suspension of work will be legal until the manager pays. For violations, the employer bears criminal liability (Article 154.1 of the Criminal Code of the Russian Federation).

Today, the current legislation has already been sufficiently developed to ensure the protection of the legal rights of workers in various conditions.

First of all, the protection of workers' rights is ensured in the event of non-payment of wages, but in fact, many citizens do not know how to act in such situations and how they can hold their employers accountable.

Dear readers! The article talks about typical ways to resolve legal issues, but each case is individual. If you want to know how solve exactly your problem- contact a consultant:

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In particular, not everyone knows that the law even provides for the suspension of work due to non-payment of wages to company employees.

The right of an employee according to the norms of the Labor Code of the Russian Federation

The norms prescribed in Art. 142 of the Labor Code, provide, in case of detection of a missed deadline for accrual of salary by more than 15 days, the opportunity for employees to completely refuse to attend their work until the unpaid amount is returned.

Stopping work due to lack of payment of wages can be called one of the forms of self-defense of labor rights provided for by current legislation, which is prescribed in Article 379 of the Labor Code.

At the same time, as the Supreme Court points out, an employee has the right to stop his activities regardless of whether the non-payment of wages is due to the employer’s fault or any other circumstances.

It is worth noting that for the entire period of non-payment of the due salary, the employee not only retains the original salary amount, but, in addition, must also receive an additional payment for the delay, the amount of which is 1/300 of the accepted refinancing rate.

When downtime is not allowed

In accordance with current legislation, if the employer has not paid only a certain part of the salary, then in this case the employee does not have any right to take advantage of the opportunity not to go to the workplace, since the above article states that this right is granted only in that situation when wages are delayed in full.

In addition, the employee does not have the right to stop his work in the absence of payment of interest established in case of ignoring the accepted deadlines for calculating wages, since the specified interest, which is prescribed in Article 236 of the Labor Code, is not included in the salary itself, as a result of which they cannot be considered the employer's debt.

Not knowing about this feature, many employees do not come to the workplace if wages are not paid in full or if there is a delay in the interest provided for ignoring the deadlines for paying wages, and therefore in the future they are simply fired due to absenteeism. To avoid such consequences, it is best to remember these important features in advance.

In addition, work suspension is not provided for:

• during a state of emergency or martial law, as well as any special measures;
• for employees of military organizations or the Armed Forces of the Russian Federation and other formations that are involved in ensuring the security of the state;
• for government employees;
• for employees of companies operating with particularly hazardous types of equipment;
• for employees who are engaged in work that is directly related to the livelihoods of citizens.

Calculation of average earnings

Calculation of the average earnings of an employee who stops his work activity due to a delay in salary is carried out in accordance with the provisions of Article 139 of the Labor Code, as well as the provisions established in accordance with Government Resolution No. 922, which was published on December 24, 2007.

During the calculation process, any payments that are provided for by the payment system used in the company are taken into account, and as a general rule, it is customary to maintain a uniform procedure for calculating it, which provides for accounting for actually credited wages during the 12 months that precede the moment of payment.

In addition, in accordance with the standards specified in Article 236 of the Labor Code, the employee has the right to demand additional compensation for the delay.

Application for suspension of work due to non-payment of wages

In order not to go to work, after 15 days of delay in salary, you must submit a written application to your superiors indicating this intention, and it is best to immediately write an application addressed to the head of the company.

In the absence of this document, the manager has the right to decide that the employee’s absence from the workplace constitutes a direct violation of labor regulations and is not associated with a delay in wages.

If desired, the application can be renamed into a notice or notice, and the title simply indicates “On suspension of work.” When filling out the form of this document, it is necessary to indicate the date of its execution, as well as information about the applicant and the addressee (the head of the company).

The text of the application must include the following information:

• a regulatory document in accordance with which the date for calculating wages is established;
• the terms within which wages must be accrued;
• the total number of days for which the payment of wages was delayed;
• an article of the Labor Code, according to which citizens are given the opportunity not to go to work in case of non-payment of wages;
• intention to stop working due to non-payment of funds by the employer;
• the date from which the employee stops going to his workplace.

The application must be signed by the applicant himself and handed over personally to the destination.

What actions can an employee take?

In addition to suspending his activities, an employee can file a special complaint with the labor inspectorate, and this is the easiest option for influencing the employer to pay wages. In this case, the complaint is drawn up in free form, and there are no serious requirements for this document - it is enough to indicate your full name, registration address and signature.

In case of violation of the established norms of labor legislation, the employer may receive a fine of up to 50,000 rubles, and in particularly difficult situations, even criminal penalties may be applied to him, and therefore filing this appeal is often enough to pay wages.

You can also submit a statement of claim to the district court located at the place of registration of the employer. It is worth noting the fact that in this situation the plaintiff is completely exempt from the need to pay the state fee, and it must be submitted in three copies, one of which is immediately returned to the applicant with a receipt.

The period for completing such an application in accordance with the Labor Code is three months.

Arbitrage practice

The Supreme Court gave its own explanations on issues that arise in judicial practice. In particular, it is stated that in accordance with Article 142 of the Labor Code, if a delay in wages is detected for a period of more than 15 days, the employee has the right to stop work until the specified amount is paid to him, and the only exception to this rule are those cases listed in this article. In this case, the employee must give notice in writing.

Taking into account the generally accepted principles and norms of international law, as well as the key features of the current Constitution, one of the main principles of legal regulation of relations between employees and their employers is to ensure the right of every employee to receive their salary in full on time.

The right to refuse to perform one’s job duties is a forced measure, which is provided for by current legislation in order to encourage the employer to pay wages as quickly as possible.

Moreover, as stated in Article 236 of the Labor Code, in the event of a delay in wages, the employer will be required to accrue it along with interest in the amount determined by this article, and the amount of monetary compensation, if desired, can be increased by collective agreement.

Employer's liability

The employer's financial responsibility lies in the fact that debt reimbursement to employees is carried out with an additional payment of interest, the amount of which is 1/300 of the refinancing rate adopted by the Central Bank. In this case, this amount is accrued for each day of delay, starting from the day after the established payment deadline and ending with the day of actual settlement.

Nowadays, in a difficult economic situation, many enterprises, through their own fault and others, are faced with the problem of untimely payment of labor income to their employees. In these conditions suspension of work due to non-payment of wages- This is a method of influencing the employer.

What the law says

Of course, any actions of both the employee and the employer must be within the law. That's why suspension of work due to delayed wages under the Labor Code of the Russian Federation– is quite real, since the Code clearly requires the organization (IP) to comply with the deadlines for issuing wages (Part 1, Article 21).

In turn, the Labor Code of the Russian Federation gives the staff the right, in the event of a delay in the payment of wages for more than 15 days, to suspend the performance of their labor functions. Part 2 of Art. speaks about this. 142. Moreover, the employee has the right to take a break from work until the due salary is paid in full.

Employee actions

When available wage arrears, work suspension For any person who decides to exercise such a right, it is necessary to comply with important formalities so as not to end up losing. To do this you need:

1. Write a statement addressed to management. Free form is acceptable, since there are no strict forms or rules in this regard in the law. You cannot stop work without written notice!
2. It’s a good idea to refer to the article of the Labor Code of the Russian Federation (see above), put down the current dates and inform that the pause in work will last until the full (!) payment of wages.
3. The application must be made in 2 copies. The second one, which the employee keeps for himself, must have a note from the responsible person confirming its acceptance. In this situation, this is a very important document for the employee; practically a document about legal absence from work.

Employer's liability

Currently, the law is very demanding of enterprises when problems arise with the payment of labor income. In addition to the fact that the employer automatically finds himself in debt to the treasury: most likely, he will be charged penalties and fines for personal income tax and insurance premiums. In addition, he will have additional obligations to his employees.

Paid work break

After an employee stops working on the basis of a written notice addressed to management, the employer becomes obligated to finance such forced downtime. Here, how to pay for suspension of work due to non-payment of wages:

1. in the amount of average earnings accrued during forced downtime;
2. a certain compensation for each day starting from the first day of salary delay (the procedure for calculating compensation is enshrined in Article 236 of the Labor Code of the Russian Federation).

Thus, the legislation regarding unscrupulous employers is structured in such a way that wage arrears and work suspension can cost them a lot.

Further actions of the parties

After a situation arises with absenteeism due to non-payment of wages, it is in the interests of the enterprise to find opportunities to repay the debt as quickly as possible.

If you adhere to all formalities, then after making a decision to repay the debt to employees, management must notify them in writing that they are ready to pay their salaries in full on the day they return to work.

In turn, employees must report to work the next day after receiving such written notice from their senior management.

If the salary debt is partially repaid, the employee is not required to go to work.

Special cases

To be fair, it should be noted that there are situations when it is impossible to suspend service for non-payment of salary. For example:

• state of emergency;
• hostilities;
• service in security agencies and civil service in general;
• especially hazardous industries;
• work is related to ensuring the life of the population (housing and communal services, medicine.).

In some situations, the employee retains his average salary during the suspension of work. One such case is suspension of work due to delayed wages. In the article we will look at how to calculate the average earnings for the period of suspension of work in the event of such a situation.

Delay of wages

Important! From the 16th day of wage delay, the employee has the right not to go to work by notifying the employer in writing.

Compensation for delayed wages

Important! The key rate is taken equal to the period of time for which compensation is calculated.

According to labor legislation (236 Labor Code of the Russian Federation), there is a minimum amount of compensation to be paid to employees. This amount can be set higher and approved in company documents such as labor, collective agreement or local regulations. Compensation is paid simultaneously with the payment of arrears of wages.

Example of compensation calculation

The company Continent LLC must pay Petrova O.P. on December 5, 2017. salary in the amount of 20,000 rubles. On this day, Petrova did not receive the money, and her salary was paid only on December 15, 2017. The salary was delayed by 10 days, and we will calculate compensation accordingly.

The key rate for this period is 8.25%.

20,000 x 8.25% / 300 x 10 = 55 rubles

Who does not have the right to suspend work

Employees of the Armed Forces of the Russian Federation, military and paramilitary forces, workers of emergency rescue and search and rescue services and other organizations, in accordance with Article 142 of the Labor Code of the Russian Federation.

Pause and downtime

The two concepts of work suspension and downtime should not be confused. Downtime is understood as a temporary suspension for economic, technical, technological or organizational reasons. Downtime due to the employer’s fault is paid somewhat differently, namely, in the amount of no less than 2/3 of the employee’s average earnings. If wages are delayed, this period is paid at 100%.

Let's consider a situation where these two periods coincide, for example, employees announced a suspension of work during the downtime period. Disagreements between employees and employers may arise over the amount of payment during this period. If downtime and suspension coincide, then in what amount should the employee be paid the average salary: 100% or only 2/3? In this case, it may have to be sorted out in court, since it will depend on whether the employees continued to work during the downtime period or not.

Average earnings during work suspension

Having received a notice from the employer indicating readiness to pay wages, the employee is obliged to go to work the next day. If an employee ignores the employer’s message and does not go to work, then he can be fired for absenteeism on legal grounds - paragraphs. “a”, clause 6, part 1 article 81 of the Labor Code of the Russian Federation.

The procedure for calculating average earnings for this period of time is as follows. Initially, the billing period is determined and then the amount of payments for this period that will be included in the calculation.

The billing period in this case is 12 months. Months are taken as calendar months, starting with the month preceding the month for which the calculation is made. For example, if the suspension of work was in December 2017, then the billing period will be from December 2016 to November 2017. The employer has the right to change it to another period. In this case, it is important to consider the following conditions:

• The amount received in the calculation taking into account a different period should not be lower than the amount received in the calculation in the usual way;
• A different billing period must be fixed in one of the following documents: a local regulation or a collective agreement.

Average earnings for the period of suspension will be calculated as follows: average daily earnings multiplied by the days of suspension.

Average daily earnings will be equal to the accrued amounts for the billing period, divided by the number of days actually worked by the employee.

Example of calculating average earnings

At Continent LLC, the payday is November 30, 2017. On December 15, Petrova wrote a statement about suspension of work and did not return to work. On December 24, 2017, Petrova received a notification from her employer that she was ready to pay her salary on December 25, 2017. The next day, Petrova went to work, and Continent LLC calculated the average salary due to her:

Petrova’s salary is 40,000 rubles; Petrova worked in full for the pay period from December 1, 2016 to November 30, 2017.

Average daily earnings will be:

(40,000 x 12) / 12 / 29.3 = 1,365.19 rubles

Now let’s calculate the payment for the period of suspension of work:

1,365.19 x 10 = 13,651.90 rubles.

Thus, Petrova was paid the amount of 33,751.90 rubles, consisting of:

Salaries – 20,000 rubles;

The average salary for suspension of work is 13,751.90 rubles;

In addition, the employer awarded Petrova compensation for each day the money was delayed.

Problem

I work as a work producer (foreman) at a DEPOSIT, and am currently on a work shift. Until now, I have not received a full payroll for October 2014, November 2014, March 2015, June 2015. I have prepared a NOTICE of suspension of work in accordance with Art. 142 of the Labor Code of the Russian Federation, but I don’t understand how many days in advance should I warn about forced absenteeism due to non-payment of salary?? And what consequences await me?

“As for what actions the management can take, I answer, any. This is a conflict, and in a conflict, even on our site, employers act very dishonestly.

But, each employee decides for himself what he needs, you may not act, but calmly continue to work for free, only the result may be that one day they came, but the employer disappeared, or it turned out that there is no money and there will not be , and even after the liquidation procedure they will not appear, and the law on salary insurance has not been adopted and employees are left without money.

So, you decide for yourself how to act."

Good afternoon Victoria, thank you for such a detailed answer.

Write the application in any form, but write only the facts, what exactly the employer violated, and what you want as a result:

http://taktaktak.org/blog/posts/2014/01/10204/ About the application form to any authorities

At the end of the application you can write to the prosecutor's office:"I ask that the employer be held administratively liable for violating labor laws under Article 5.27 of the Code of Administrative Offenses of the Russian Federation and issue an order to pay me arrears of wages and other payments, or represent my interests in court."

If a certificate was requested, but it was not issued, then you will have to file a Statement of Claim with the court.