An employer (any enterprise or individual entrepreneur) must always pay wages on time, and at least 2 times a month (Labor Code of the Russian Federation, Articles 22 and 136). Payment dates must be fixed in at least one of the company's internal documents available: in the employment contract or in the labor regulations. If, for example, the established salary payment day coincided with a weekend or a non-working holiday, then it should be issued on the eve of such a day.
Instructions
Step 1
The employer calculates the amount of compensation that is due for delayed wages. He is obliged to pay it together with the repayment of the wage arrears itself (in accordance with article 236 of the Labor Code of the Russian Federation).
Step 2
In order to calculate how much compensation the employer should pay you, first determine the amount of compensation. It, as a rule, is prescribed in the collective (labor) agreement. For example, the collective agreement states that compensation is equal to 0.06 percent of the amount of salary arrears for each day of its delay.
Step 3
If the amount of compensation is not established by an employment or collective agreement, determine it based on a refinancing rate of 1/300 for each day of delay. These are the rules that are established in the Labor Code of the Russian Federation, article 236.
Step 4
The amount of compensation established by the employer for delayed wages cannot be less than 1/300 of the refinancing rate (valid for the period of the delay).
Step 5
An increased amount of compensation due to delayed wages can only be established by regional agreement. Such agreements can only be concluded by the executive authorities of any region in agreement with employers and trade unions.
Step 6
All employers in the region have the right to join the regional agreement, even if they did not participate in its conclusion. After all, the proposal to join this agreement is officially published simultaneously with the text of the agreement. Therefore, if a written reasoned refusal is not received from the employer within thirty calendar days, it is considered that he fully agrees with the regional agreement.
Step 7
Thus, the employer will be obliged from the date of the official publication of the regional agreement to independently establish compensation for delayed wages in an amount not less than the regional one.
Step 8
In turn, compensation for delayed wages can be determined by the following calculations: wage arrears multiplied by 1/300 of the refinancing rate, which is in effect during the delay, multiplied by the number of days of delay.
