Lawyer Yuzhalin told what to do if the employer delays wages

As the expert recalled, the Labor Code establishes an obligation for the employer to pay wages to employees at least every half a month.

“Specific days for the payment of wages, the employer must establish in the internal labor regulations, in the labor or collective agreement.

Further, wages must be paid strictly on the set 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.

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 generally unacceptable, ”the interlocutor of RT emphasized.

He recalled that if the employer violates the terms of payment of wages, he must pay the employee additional compensation for each day of delay until the 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 Russia in force at that time from the amounts unpaid on time for each day of delay starting from the next day after the due date for payment until the day of the actual calculation, inclusive,” Yuzhalin explained.

In case of violation by the employer of the terms of payment of wages, the employee has several options for action.

One of them is filing a complaint against the actions of the employer with the State Labor Inspectorate (GIT).

“Upon the fact of the appeal, the GIT can check the facts set forth in the complaint, oblige the employer to eliminate the violation and / or bring the employer to administrative responsibility,” the expert said.

Also, the employee can file a claim with the court, he added.

“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.

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, ”he explained.

During this period, the employee has the right to be absent from the workplace during his working hours, and during this time he will retain the average salary, the specialist concluded.

Earlier, Yuzhalin recalled the features of calculating the amount of payments on sick leave.