If the employer is delaying cash payments, the employee may apply to the court, the labor Inspectorate or the Prosecutor and to demand compensation for the delay. The company may award not only compensation but also moral damage caused to employees in case of delay of wages, holiday pay or calculating termination.
In the internal acts of the enterprise may be quoted a different amount of compensation for the delay of funds, but not less than the refinancing rate of the Central Bank of the Russian Federation for the period of delay.
If employees have applied to the court for compensation, the employer can give part of salary arrears and he will not be able to award the payment of penalties for delay. But this provision applies only to the current salary and is not related to the payment for vacation and payment upon separation.
For the calculation of penalties for delay cash payments have delayed sum is multiplied by the number of delayed days, multiply by 1/300 and multiply by 13%. For example, if the delay of cash payments amounted to 10 days. Delayed amount is equal to 50000, the 50000 has to be multiplied by 10, multiplied by 1/300 and multiply by 13%. To the result must be added to 50000. This will be the payment for delay of salaries. Paid compensation is not subject to any withholding tax and other deductions.
If the delay of cash payments made more than one month, additionally, the amount of delayed payments multiplied by the percentage of inflation, which was delayed in each month, and to pay the amount of moral damages, if these payments are awarded to the employer.
For failure to comply with court orders, Prosecutor or labour inspection, the employer faces a huge administrative fines and to suspend operations for up to 90 days. Exceptions constitute the enterprises, which can not be stopped.
Advice 2: How to calculate penalty
The result of the late payment may need to calculate penalties. The penalty can be stipulated in legislation or determined by agreement of the parties. Nonobservance of the written form of the agreement on liquidated damages is invalid. In determining the amount of penalties in the agreement need to observe the principle of reasonableness.
Calculate the amount of the debt. The principal amount is confirmed by primary accounting documents: invoice, acts of acceptance, acts of reconciliation of mutual settlements. Debt is calculated after the deadline for performance of an obligation.
Define the period of delay in payment. One of the most contentious issues that arise in court. As a rule, the obligor proves that the delay arose as a result of guilty actions of the creditor, disputing the start date of the late payments. Therefore, before filing a suit, the date of occurrence of delay it is possible to get a written confirmation of a debtor.
Make the calculation of penalties per day of delay. For this amount, debt rate, multiply by penalties. As a rule, fines for delay shall be recovered in the amount of the refinancing rate. The rate is set by instructions of the Central Bank of Russia. When calculating on the basis of the annual refinancing rate, in the numerator indicate the discount rate, the denominator is 360. For example, 28.02.2011, the rate on the day 8/360.
Finally, the interest amount equal to: the amount one day of delay multiplied by the number of days.
The court in its discretion may reduce the amount of interest in the disparity of the basic obligation and consequences of execution.
Is the advice useful?
A letter to the defendant with the debt repayment schedule will simplify the procedure for collecting penalties.