Suspension of work in case of delay in payment of wages. Delay of wages labor code

21.10.2019

1. What types of employer liability are provided for failure to pay wages on time?

3. When the manager faces criminal liability for non-payment of wages to employees.

The deadlines within which the employer must make payments to employees for wages are established by the Labor Code of the Russian Federation and internal documents (collective agreement, employment contracts, local acts). Obviously: if deadlines are set, they must be respected. However, this is not always possible, especially when it comes to cash payments. The most common reason for delayed wages is a simple lack of funds from the employer. In addition, there are often cases when the deadline was simply “missed” (this is especially true for the payment of vacation pay) or deliberately missed (for example, they decided not to pay an advance, but to pay the entire salary for the month at a time). Many employers, unfortunately, are sure that there is nothing wrong with delaying wages for their employees: “well, they’ll wait a little, it’s not the tax office.” However, this opinion is not just wrong: it can lead to very serious consequences, sometimes even more serious than late payment of taxes. For more information about the consequences for an employer of delaying wages to employees, read this article.

Cases when an employer violates employees (as well as bonuses, benefits, vacation pay and other payments in favor of employees) can be very different. In practice, the following situations most often occur:

payment of vacation pay less than three days before the start of the vacation;
the final payment to the dismissed employee was made later than on the day of dismissal;
non-payment of advance (payment of wages once a month). Let's take a closer look at this case. We found out that wages must be paid at least every half month to all employees without exception. Some employers, in an effort to comply with legal requirements, honestly stipulate in employment contracts the terms for paying wages for the first half of the month and for the second. And... they do not comply with these deadlines, actually paying wages to employees only once a month. In this case, there is a fact of delay in wages: for the period from the day established by internal documents for the payment of wages for the first half of the month until the day of actual payment.

Reasons why wages are paid late, can also be different, for example:

violation of deadlines due to the fault of employees responsible for paying wages (for example, the HR officer lately completed and submitted to the accounting department documents for vacation, dismissal, etc., accordingly, the accountant accrued and paid the amounts due to the employee in violation of the deadline);
insufficient funds from the employer to pay wages to employees;
reasons due to the fault of third parties (for example, the bank late processed payment documents for the transfer of employee salaries);
and other reasons.

Thus, the reasons for late payment of wages to employees can arise both through the fault of the employer himself and without his fault. Depending on this, the legislation of the Russian Federation provides for the following types of employer liability for delayed wages employees:

material (Labor Code of the Russian Federation);

administrative (Administrative Code of the Russian Federation);

criminal (Criminal Code of the Russian Federation).

Let's take a closer look at each type of responsibility and the consequences it entails.

Employer's financial liability for delayed wages

The right of workers to suspend work due to delayed wages

The Labor Code of the Russian Federation gives employees the right to suspend work in the event that their payment of wages is delayed for more than 15 days (Part 2 of Article 142 of the Labor Code of the Russian Federation). Wherein it does not matter whether the employer is guilty of delaying payment of wages or not. The employee only needs to notify the employer in writing of his intention, after which he may legally not appear at his workplace until the day his salary is paid.

! Note:

Certain categories of workers are prohibited from suspending work (Part 2 of Article 142 of the Labor Code of the Russian Federation):
military,
in organizations servicing particularly hazardous types of production, equipment,
in organizations related to ensuring the life of the population (energy supply, heating and heat supply, water supply, gas supply, communications, ambulance and emergency medical care stations),
during periods of a state of emergency.

The employer must notify the employee who suspended work in writing of his readiness to pay wages on the day he returns to work. The next day after receiving such notice, the employee is obliged to begin performing his work duties. Otherwise, absenteeism is considered absenteeism.

Days when an employee was absent from work due to a delay in wages for a period of more than 15 days are indicated in the working time sheet with the letter code “NZ” or the digital code “36” (Resolution of the State Statistics Committee dated January 5, 2004 No. 1 “On approval of unified forms of primary accounting documentation for labor accounting and its payment").

Suspension of work until payment of delayed wages is equated to illegal deprivation of the employee’s opportunity to work, therefore the employer bears financial responsibility in the form of compensation to the employee for lost earnings (Article 234 of the Labor Code of the Russian Federation). Thus, for all days of suspension of work before payment of delayed wages, the employee is entitled to payment in the amount of full average earnings(letter of the Ministry of Labor of Russia dated December 25, 2013 No. 14-2-337, Ruling of the Supreme Court of the Russian Federation dated September 3, 2010 No. 19-B10-10). In addition to payment based on average earnings, employees are also entitled to monetary compensation for each day of delay in salary.

Cash compensation for delayed wages

Another form of financial liability of the employer for violation of the deadline for paying wages to employees (as well as vacation pay, dismissal pay and other payments in favor of employees) is the payment of monetary compensation for each day of delay (Article 236 of the Labor Code of the Russian Federation). Payment of compensation for delayed wages is the responsibility of the employer, while employees are not required to write any applications for its receipt, etc. According to the Labor Code of the Russian Federation, monetary compensation must be paid to employees simultaneously with the payment of delayed wages.

Compensation for delayed wages (and other payments to employees) is calculated regardless of whether the employer is at fault for violating the terms of payment of wages. For example, even if the employer promptly sent payment documents for the transfer of wages to the bank, but the bank processed them late (due to technical problems, etc.), the employer is still obliged to accrue and pay compensation to employees for delayed wages . Or if the delay in payment of wages to employees occurred due to insufficient funds from the employer, the latter is also obliged to calculate compensation and pay it simultaneously with the delayed amounts.

Minimum compensation amount is 1/300 of the current refinancing rate of the Central Bank of the Russian Federation of the amount to be paid (minus personal income tax), for each day of delay, starting from the day following the established payment deadline until the day of actual payment (inclusive):

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Delay of wages entails mandatory liability of the employer. Its type and size will depend on the period of non-payment, the amount of debt and the motives that prompted the head of the enterprise to take such actions or inaction. Read about each of the grounds for liability for late payment of wages in our article.

Delay of wages

Delay of wages means failure to pay them within the time limits established by law or local regulations. Art. 136 Labor Code Russian Federation(Labor Code of the Russian Federation) provides:

Payment of wages at least every 1/2 month. In this case, the payment date is established by a local act of the organization and must contain specific numbers, and not a time period. The final payment of wages must be made no later than the 15th day of the month following the month being paid.
Issuance of vacation pay no later than 3 days before the start of the vacation.
Establishing other deadlines for making payments. Yes, Art. 140 of the Labor Code of the Russian Federation requires full payment to be made when dismissing an employee on his last working day.

Among the common reasons that contribute to the delay in payment of wages are:

lack of funds in the employer’s bank account;
incorrect application of legislation, expressed in the establishment of payments once a month, floating dates for the payment of wages, etc.;
violations committed by employees of the organization, such as untimely execution of personnel documents or failure to transfer funds by an accountant on time;
failure of equipment and programs both at the employer and at the servicing bank, etc.

Employer's liability for delayed payment of wages

The current legislation of the Russian Federation provides for several types of liability for late payment of wages:

Material for an organization, an entrepreneur. The Labor Code provides for mandatory calculation and payment of compensation for delayed wages. We will discuss its size and calculation procedure below.
Administrative for the organization, entrepreneur and/or management, expressed in the imposition of a fine, the maximum amount of which can reach 100,000 rubles. (if the enterprise is brought to administrative responsibility for this violation again).
Criminal for management. The severity of the punishment will depend on whether the non-payment was partial or full, as well as on the period when employees did not receive the money and the severity of the consequences of such non-receipt. The maximum sentence can be 5 years in prison.

Delay of wages for 1 day: consequences under the Labor Code

According to the Labor Code of the Russian Federation, a delay in wages even for 1 day entails mandatory payment of monetary compensation. Its size cannot be lower than 1/150 of the key rate established by the Bank of Russia. The calculation is made for each day from the moment when the wage arrears arose until the day when it was actually repaid.

It is the employer's responsibility to calculate the interest and pay it along with the debt itself, and this does not require the employee to take any action, such as writing a statement. In this case, it is not necessary to prove the employer’s fault. Even delays that occurred due to an error by the servicing bank or a technical failure in the operation of equipment or software must be compensated.

Art. 236 of the Labor Code of the Russian Federation provides for the minimum amount of compensation for delayed wages. It can be increased by a local act of the enterprise, as well as a collective or labor agreement.

Calculation example

The delay period was 5 days.

The key rate is 7.75%.

The amount of delayed wages is RUB 20,000.

The amount of compensation will be equal to: 20,000 × 7.75% / 150 × 5 = 51.67 rubles.

What to do if wages are delayed for more than 15 days: article of the Labor Code of the Russian Federation

Employees often have a question: what to do when the delay in wages exceeds 15 days? The answer is provided by the article on wage arrears (Article 142 of the Labor Code of the Russian Federation), which provides for the right of employees in such a situation to suspend work until the debt is fully repaid. A mandatory condition is to notify the employer in writing.

However, the Labor Code of the Russian Federation prohibits the use of this method:

civil servants;
employees of the armed forces, enterprises involved in ensuring the security of the Russian Federation, emergency services and law enforcement agencies;
during a martial law or state of emergency;
employees of organizations servicing particularly dangerous types of equipment or production;
at enterprises that provide life support to citizens (heating, water, gas supply, energy supply, communications, emergency medical care stations).

During the period of suspension of work, employees have the right not to be at work and receive payment for downtime based on average earnings.

Fine for delayed wages in 2018 - 2019

Clause 6 art. 5.27 of the Code of Administrative Offenses of the Russian Federation (CAO RF) provides for administrative liability:

in case of partial or complete non-payment of wages;
setting wages below the level provided by law;
the absence of a criminal offense in the employer’s actions, which we will consider in detail below.

The Code of Administrative Offenses of the Russian Federation establishes liability for late wages in the form of a fine. Its value will be:

10,000-20,000 rub. for authorized officials;
1,000-5,000 rubles when the employer - an individual entrepreneur (IP) - was at fault;
30,000-50,000 rub. for enterprises.

In addition, clause 7 of this article provides for more stringent liability when the offense was committed by a person who had previously been punished under clause 6. In this case, the fine will increase:

up to 30,000 rub. in relation to individual entrepreneurs;
100,000 rub. for legal entities;
30,000 rub. for officials, who may also be subject to disqualification for up to 3 years.

When an employer faces criminal liability for violating the terms of payment of wages

The article on wage arrears in the Criminal Code of the Russian Federation is Art. 145.1. It provides for 3 elements of crime.

Part 1 applies when:

there was a partial non-payment of wages or benefits, i.e. the payment was made in the amount of less than half of the amount to be paid to the employee;
the delay exceeded 3 months;
the reason for non-payment was selfish or other interests;
the subject is the director of a legal entity, branch or other separate division of a legal entity.

Such an offense is punishable by a fine of up to 120,000 rubles, deprivation of the right to hold leadership positions for 1 year, forced labor for up to 2 years, or a term of imprisonment for up to 1 year.

Part 2 provides for liability for complete intentional non-payment of wages for more than 2 months. What does the employer face for delaying wages in this case? Responsibility can be in the form of:

a fine of 50,000 rubles. or collection of the criminal's income for up to 3 years;
3 years of forced labor with the possibility of additional punishment in the form of deprivation of the right to hold certain positions;
3-year prison term.

Important! A person who has committed a crime for the first time, provided for in parts 1 and 2 of Art. 145.1 of the Criminal Code of the Russian Federation, is exempt from liability if the debt is fully repaid and the interest due is paid within 2 months from the date of initiation of the criminal case (Law “On Amendments...” dated December 27, 2018 No. 533-FZ).

Part 3 applies when the actions specified in the first 2 articles resulted in grave consequences, for example, harm to the health of an employee, destruction and damage to property, etc. In this case:

the fine will increase to 500,000 rubles;
The term of imprisonment can be up to 5 years (with or without disqualification for up to 5 years).

Where to go if wages are not paid on time

Let's consider where to go if wages are delayed. There are several government agencies that can help an employee in this situation. Firstly, the employee has the right to file a statement of violation of his rights with the labor inspectorate at the location of the debtor organization.

In a document drawn up in any form, you should indicate:

your data;
name, address and other contact details of the employer;
period of delay and amount of debt.

The labor inspectorate will conduct an unscheduled inspection of the organization and, if the facts specified in the application are confirmed, will issue an order to eliminate the violation, i.e., will order the employer to pay the employees.

If there is an administrative offense, she can hold the employer liable under clause 6 of Art. 27.1 of the Administrative Code or draw up a protocol with subsequent transfer of materials to the court for prosecution under clause 7 of Art. 27.1 Code of Administrative Offences. Such powers of the labor inspectorate are established in paragraph 1 of Art. 23.12 and sub. 16 clause 2 art. 28.3 Code of Administrative Offences.

Where to go if there are signs of a crime

Another body that protects the rights of workers is the prosecutor's office. In a written statement, in the case where a decision has been made to resort to her help, information about the violation of the rights of workers is indicated, and may also contain petitions to bring the enterprise to administrative liability, and the director to criminal liability.

An inspection will also be carried out upon the application, and if violations are identified, an order will be issued to eliminate them. If the offense contains signs of committing an administrative or criminal crime, the case materials are transferred to the labor inspectorate or the Investigative Committee (IC RF), respectively, to initiate cases.

If there is a crime under Art. 145.1 of the Criminal Code of the Russian Federation, you can contact directly the investigative department of the Investigative Committee of the Russian Federation at the location of the debtor enterprise. All available evidence must be attached to the application.

Judicial protection of violated rights

In addition to the amount of debt, you can demand through the court to pay interest for late payments and compensate for moral damage caused by the violation of the employee’s rights (Article 237 of the Labor Code of the Russian Federation).

The following must be attached to the claim:

a copy of the employment contract;
a copy of the work record book (when amounts are recovered that were not paid upon dismissal);
certificate 2-NDFL, which will help prove the amount of accrued wages;
pay slip, which displays the amount of amounts given to the employee and the debt owed by the enterprise;
calculation of debt, amount of compensation for non-payment of wages;
evidence of causing moral harm to an employee (for example, the presence of moral suffering can be confirmed by the facts of contacting a psychologist, psychotherapist, and witness testimony).

Thus, the legislation establishes a variety of liability for late payment of wages in 2018 - 2019. It can be material, administrative and even criminal, if the delay was caused by the selfish motives of the manager. The judicial authorities, labor inspectorate, prosecutor's office and law enforcement agencies are responsible for protecting the rights of employees, so the choice of the method of protection belongs to the employee himself.

The current legislation of the Russian Federation clearly answers the question “How long can wages be delayed by law?” According to the Labor Code of the Russian Federation, a delay in payment of wages is not permissible even for 1 day! Article 136 of the Labor Code establishes the frequency of remuneration - 2 times a month. Payments must be made every two weeks, for example:

20th - payment for the first half of the month;
10th – final payment for the month.

You cannot pay wages once a month. This violates the provisions of the Labor Code. When checking compliance with the labor rights of personnel, the labor inspectorate may impose a fine on the management of the company, as well as on the institution as a whole. It is possible to restrict the activities of the enterprise.

The institution needs to establish specific terms for remuneration and fix them in a collective agreement, service contract, and labor regulations. In the process of registering personnel for work, they must be familiarized with the dates of salary payment. Depending on the period for which the delay in payments occurred, management is responsible for:

administrative;
material;
criminal.

Administrative liability arises on the basis of Article 5.27 of the Code of Administrative Offenses in case of delay in payment of labor, as well as in violation of the labor rights of personnel, and is accompanied by the imposition of a fine in the amount of:

From 1 thousand rubles. up to 5 thousand rubles for individual entrepreneurs and the management of the institution. For individual entrepreneurs, activity may be limited to three months.
From 30 thousand rubles. up to 50 thousand rubles. on a legal entity or limiting the functioning of the institution to three months. In case of repeated violation, officials may be suspended from their positions for up to three years.

If wages have not been paid for two months (in case of complete non-payment) or more than 3 months (in case of partial non-payment), the management is subject to Article 145.1 of the Criminal Code of the Russian Federation - criminal liability.

Types of punishment:

a fine of 100 thousand rubles. up to 500 thousand rubles. or corresponding to the amount of wages or other income of the guilty person for the last three years;
restriction of freedom for a period of up to three years with the imposition of a ban on holding specific positions for a similar period. In this case, it must be established that the official has a personal benefit in delaying the payment of wages.

In the event of a repeated offense, based on a court decision, the guilty person may be disqualified from his position, and the employment contract with him may be terminated. Force majeure circumstances may arise that result in non-payment of wages.

In this case, the employer is obliged to pay compensation to the staff for each day of delay. The amount of compensation corresponds to 1/300 of the Central Bank refinancing rate.

Additionally, administrative or criminal liability may be imposed. It is necessary to know the rights of employees in case of delay in payment of wages. If the delay is more than 15 days, the staff has the right to stop working, while notifying the management of the institution in writing. The employee has the right not to be present at the workplace until the debt is fully repaid. In this case, in accordance with Article 157 of the Labor Code, the employee is entitled to compensation for forced downtime. The amount of compensation is set at 2/3 of average monthly earnings.

There are organizations where, in accordance with current legislation, it is prohibited to be absent from your workplace:

institutions related to the Armed Forces of the Russian Federation and other military formations ensuring the defense and security of Russia;
organizations providing emergency rescue, fire fighting, emergency and natural disaster prevention work;
in law enforcement agencies;
in executive authorities and so on;
also when introducing a state of emergency or martial law, or other special measures.

Upon delivery of an official notice of the employer’s readiness to repay wage arrears, personnel are required to report to their workplace no later than the next working day. If wages are not paid within a period of more than 15 days, the employee may submit a corresponding application:

to the labor inspectorate;
to the prosecutor's office;
to court.

The statement of claim must be submitted to the court no later than 3 months from the date of violation of the payment deadline. Otherwise, the court may refuse to consider the case.

Before submitting an application to the above authorities, it is recommended to send a written request to the employer demanding an explanation of the reasons for the debt and the timing of its repayment.

What to do if your salary is delayed and where to complain? As the Labor Code indicates, every employee has the right to receive wages twice a month. Towards the end of the month, as a rule, an advance is given, and at the beginning of the next - the rest of the salary. The exact dates of payments are established at each enterprise separately and are prescribed in the internal labor regulations; if this date falls on a weekend, accruals must be made the day before. If a person does not receive his salary on time, this can already be considered a violation of his rights; even a day’s delay is taken into account. In this case, the employee is entitled to monetary compensation. Today we will talk about what needs to be done if an employer delays wages and how to correctly write a claim for delayed wages.

If wages are delayed for a long period of time, by law this may be considered a 15-day period, the employee has the legal right to refuse to perform his duties. However, representatives of some professions do not have such a right by law to leave the workplace even after a 15-day period, this applies to civil servants, government employees, essential workers, and representatives of enterprises engaged in hazardous production.

Gross violations of the Labor Code of the Russian Federation threaten the employer with administrative and even criminal punishment. The issue is resolved with the help of the labor inspectorate, the prosecutor's office and the judiciary.

How to get compensation without scandal

If your salary is delayed for a short period of time, the employee has the right to demand compensation. Its size for each day should be no less than one three hundredth of the refinancing rate in force during the period of delays at the Central Bank. As of July 23, 2016, the rate was 11 percent. Each day of delay is taken into account. That is, the amount of compensation is determined from the total amount of debt, to which another three-hundredth of 11 percent is added for each day.

The employee's right to compensation is specified in the Labor Code. At enterprises with a good reputation, they always take this into account and, in case of delay, add the required amount to the salary. But more often, people encounter the opposite: either the employer does not know the laws well, or, and most likely, does not want to pay more. At the first stage, they try to resolve the problem within the enterprise. In case of delay and complaints from at least one person, a labor dispute commission is created, which includes representatives of the work collective and the employer, the participants must be equally divided on each side. The employee’s application is registered, after which the dispute must be resolved within ten days: either the employee is immediately paid the delayed salary, or, if the decision is not implemented, they are issued a certificate, essentially a writ of execution, which must be taken to the bailiffs.

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In addition to monetary compensation, an employee can also demand:

salary indexation, if we are talking about constant delays for a long time and the general depreciation of money over this period;
compensation for moral damage (only through the court).

What to do if your salary is delayed for half a month?

In case of long delay in salary the employee, unless he is one of those prohibited from this form of strike, has the right not to go to work. Before doing this, he is obliged to notify his employer about this in writing. If the latter notifies that he is ready to pay for the work performed as soon as the person returns to his work duties, the employee will need to report to work the very next day after receiving such notice.

What to do if the problem cannot be resolved within the team

Relationships within a team can be very different, and it is not always possible for a person to achieve understanding from other employees or, even if there is understanding from colleagues, to resolve a conflict with the employer through a labor commission. Therefore, you can safely contact government agencies. Next we will look at where can you complain if your employer delays your salary?.

Contact the labor inspectorate

An appeal to the labor inspectorate or its regional office is considered within a month. A complaint in writing can be submitted directly or sent by registered mail (to receive notification of receipt); today in many regions it is also possible to send a complaint via the Internet. It is advisable to attach a copy of the employment contract and any written evidence proving the delay in payments to the complaint.

If the inspectorate considers the arguments to be fair, the specialists will send the employer an order with instructions to repay its debt to the employee, taking into account the accumulated interest.

In your complaint, do not forget to indicate your return address, contact telephone number, as well as the amount of debt and the number of days the salary was delayed.

This option can be considered the most convenient and most effective, since it is the labor inspectorate that deals with issues of delayed wages and violations of workers’ rights. In addition, inspection staff, if necessary, should help with drawing up an application to the judicial authorities, and during the proceedings, confirm the validity of the plaintiff’s claims.

We contact the prosecutor's office

You can also contact the prosecutor's office by filing a complaint in writing (you can also take the application to the office or send it by registered mail). A prosecutor's audit may reveal other violations, after which sanctions will be imposed on the employer.

Let's go to the district court

The case may go to court not only after inspections by the labor inspectorate or the prosecutor's office, although their support will not be superfluous for the employee, but also on the personal initiative of the citizen. You should contact the court at the place of registration of the employer's enterprise.

In order for the decision to be positive, you need to attach as many documents and evidence of the employer’s dishonest attitude to the claim:

original employment contract;
statement of non-payment;
a copy of the work book;
a copy of the employment order;
a certificate from the accounting department about income;
bank statements (relevant if salaries are credited to the card);
copies of payslips;
debt calculation (according to the accounting department and according to our own version);
witness statements.

Let's go to the world court

If the salary was accrued, but it did not reach the employee, you can contact the magistrate with a request to issue a court order, that is, a writ of execution, according to which the plaintiff will be obliged to pay the unpaid salary. The order is issued within 5 days after application.

How to write a complaint

How to write a claim for delayed wages? The issue of non-payment of part of the money can be relevant not only in case of delays, it often arises when an employee quits and wants to receive the compensation due to him for leave that he did not take. In this case, the complaint is written to the manager and may look something like this:

To the Director of Taxi LLC

Ivanov Ivan Ivanovich

from Petrov Petra Petrovich,

(indicate position)

Claim

I, Petrov Petrovich, worked at Taxi LLC from 01/01/2015 to 07/23/2016 as a driver, which confirms the employment contract concluded between me, Petrov Petrovich, and the director of Taxi LLC, Ivan Ivanovich Ivanov, as well as entry in the work book dated 01/01/2015.

I performed my duties responsibly, however, for the period from 06/01/2016 to 07/23/2016, my salary was not calculated, which indicates a violation of Article 22 of the Labor Code of the Russian Federation.

Based on Order No. 43478 of July 23, 2016, I was dismissed under Article 80 of the Labor Code of the Russian Federation.

The amount of my unpaid wages at Taxi LLC was: for June 2016 - 18 thousand rubles, for July 2016 - 14 thousand rubles, and in total - 32 thousand rubles.

Based on Article 114 of the Labor Code, every employee has the right to annual paid leave, but I did not use this right this year and did not receive compensation for it, the debt is 14 thousand rubles.

Employers who delay wage payments to their subordinates are liable before the law on the basis of Article 143 of the Civil Code of the Russian Federation. I believe that the management of Taxi LLC violates and does not comply with the laws.

Based on this I demand:

Give me a salary in the amount of 32 thousand, funds for the vacation that I did not take in the amount of 14 thousand, and also reimburse the expenses that I spent on lawyer services in the amount of 5 thousand rubles, and in total pay 51 thousand rubles.

Please send your answer to the following address: Vladimir, Levitan Street (indicate the exact address).

In case of incomplete satisfaction of all my legal demands, and even more so in case of refusal, I will have to contact the Labor Inspectorate for the city of Vladimir, the prosecutor's office, and also file a claim in court. I will additionally demand compensation for material damage and compensation for moral damage. You will also be responsible for paying all my legal costs.

08/01/2016 Signature

What responsibility awaits the employer?

For violation of the Labor Code, employers are usually held administratively liable. If payments are delayed, they may face the following penalties:

up to five thousand rubles for officials;
up to five thousand rubles or suspension of activities for 90 days for individual entrepreneurs;
For legal entities, fines can reach up to fifty thousand rubles; they may also be prohibited from operating for 90 days.

In special cases, the amount of fines can be increased to 500 thousand rubles.

Employers can also face criminal penalties with heavy fines (up to half a million), a three-year prison sentence and deprivation of the right to hold certain positions for the same period. This is the case if they do not pay wages in full for at least two months. If, for at least three months, the employer pays part of the salary, but less than half, he can be fined only 120 thousand rubles and imprisoned for one year. But it is quite difficult to bring to criminal liability those persons who have been paying their employees more than half the monthly salary for a long period of time.

If the salary is issued according to the sulfur or black scheme, it will be much more difficult to prove the fact of non-payment to the authorities, so try to immediately agree with the employer that all payments will be made officially.

If several people are experiencing delays at work, it is best to act together. Collective applications in all bodies are considered faster and more often lead to positive results.