The employer may incur administrative or criminal liability for delayed wages. In addition, the organization will be financially liable to employees in the form of an obligation to pay interest on delays.
Instructions
Step 1
Delay in wages for any period is an administrative offense, liability for which is provided for by current legislation. In particular, a fine is imposed on organizations for such violations, the amount of which is 30-50 thousand rubles. Individual entrepreneurs will be obliged to pay 1-5 thousand rubles. A similar punishment is provided for officials (for example, the head of the company, the chief accountant), through whose fault the delay was allowed.
Step 2
An alternative type of administrative punishment for the delay in the payment of wages for companies and individual entrepreneurs is the suspension of activities, the period of which can be up to ninety days. This punishment is applied relatively infrequently, therefore, its appointment should be counted on only with a significant scale of the violation or repeated delay within a short period of time.
Step 3
If the delay in salary on the part of an individual entrepreneur or the head of a company is caused by a mercenary, other personal interest, and the period of partial delay is more than three months, then criminal liability may follow. The punishment in this case will be imprisonment for a year or forced labor for a similar period. As an alternative to the named types of liability, a fine of up to one hundred and twenty thousand rubles or deprivation of a special right (for example, the right to engage in entrepreneurial activity) for a period of up to one year is provided.
Step 4
A stricter criminal liability is envisaged in the event that wages are fully delayed, and the delay period exceeds two months. In this case, a fine in the range of 100-500 thousand rubles may be imposed, and the above-mentioned imprisonment, forced labor or deprivation of a special right are provided as alternative types of punishment. The maximum term for each of these types of liability has been increased to 3 years.
Step 5
Finally, the employer is financially liable to employees whose payment of wages he has delayed. The amount of liability is one three hundredth of the refinancing rate established by the Central Bank of the Russian Federation of the unpaid amount for each day of delay. At the same time, the guilt of the employer does not matter for bringing to this responsibility, interest should be paid to employees in case of any delay.
