In case of violation by the employer deadline payments accordingly wages, vacation pay, dismissal payments and (or) other payments due to the employee, the employer is obliged to pay them with interest ( monetary compensation) in an amount not lower than one three hundredth of the Central Bank refinancing rate in force at that time Russian Federation from unpaid amounts on time for each day of delay starting from the next day after the established payment deadline until the day of actual settlement inclusive. The amount of monetary compensation paid to an employee may be increased by a collective agreement, local normative act or an employment contract. The obligation to pay the specified monetary compensation arises regardless of the employer’s fault.

Commentary on Article 236 of the Labor Code of the Russian Federation

1. In accordance with Art. 40 of the Federal Law of July 10, 2002 N 86-FZ “On the Central Bank of the Russian Federation (Bank of Russia)”, refinancing refers to lending by the Central Bank of the Russian Federation to credit organizations.

The forms, procedure and conditions of refinancing are established by the Central Bank of the Russian Federation.

2. In accordance with the decision of the Board of Directors of the Central Bank of the Russian Federation, from December 1, 2008, the refinancing rate of the Central Bank of the Russian Federation is set at 13% per annum (directive of the Central Bank of the Russian Federation dated November 28, 2008 N 2135-U).

3. Financial liability, by virtue of the commented article, arises for the delay not only in the payment of wages, but also in vacation pay, dismissal payments and other payments due to the employee. The concept of “other payments due to the employee” is not disclosed in the commented article.

On the other hand, there are general principles the onset of liability, primarily the principle of guilt. In the absence of fault, liability, as a rule, does not arise, except in cases established by law.

At the same time, the commented article establishes as a condition for the onset of material liability of the employer not the presence or absence Money, and violation of the payment deadline, regardless of the reason for such a violation. This means that, even if funding for the payment of certain amounts is not provided in full from the federal budget, it should not affect the fact that the employer is liable.

4. See the decision of the European Court of Human Rights of June 17, 2004 on the admissibility of complaint No. 73994/01 “Leonid Ivanovich Kuznetsov v. Russian Federation”.

5. See also paragraph 55 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of March 17, 2004 No. 2 “On the application by the courts of the Russian Federation of the Labor Code of the Russian Federation”.

Do you think you are Russian? Were you born in the USSR and think that you are Russian, Ukrainian, Belarusian? No. This is wrong.

Are you actually Russian, Ukrainian or Belarusian? But do you think that you are a Jew?

Game? Wrong word. The correct word is “imprinting”.

The newborn associates himself with those facial features that he observes immediately after birth. This natural mechanism is characteristic of most living creatures with vision.

Newborns in the USSR saw their mother for a minimum of feeding time during the first few days, and most time we saw the faces of the maternity hospital staff. By a strange coincidence, they were (and still are) mostly Jewish. The technique is wild in its essence and effectiveness.

Throughout your childhood, you wondered why you lived surrounded by strangers. The rare Jews on your way could do whatever they wanted with you, because you were drawn to them, and pushed others away. Yes, even now they can.

You cannot fix this - imprinting is one-time and for life. It’s difficult to understand; the instinct took shape when you were still very far from being able to formulate it. From that moment, no words or details were preserved. Only facial features remained in the depths of memory. Those traits that you consider to be your own.

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System and observer

Let's define a system as an object whose existence is beyond doubt.

An observer of a system is an object that is not part of the system it observes, that is, it determines its existence through factors independent of the system.

The observer, from the point of view of the system, is a source of chaos - both control actions and the consequences of observational measurements that do not have a cause-and-effect relationship with the system.

An internal observer is an object potentially accessible to the system in relation to which inversion of observation and control channels is possible.

An external observer is an object, even potentially unattainable for the system, located beyond the system’s event horizon (spatial and temporal).

Hypothesis No. 1. All-seeing eye

Let's assume that our universe is a system and it has an external observer. Then observational measurements can occur, for example, with the help of “gravitational radiation” penetrating the universe from all sides from the outside. The cross section of the capture of “gravitational radiation” is proportional to the mass of the object, and the projection of the “shadow” from this capture onto another object is perceived as an attractive force. It will be proportional to the product of the masses of the objects and inversely proportional to the distance between them, which determines the density of the “shadow”.

The capture of “gravitational radiation” by an object increases its chaos and is perceived by us as the passage of time. An object opaque to “gravitational radiation”, the capture cross section of which is larger than its geometric size, looks like a black hole inside the universe.

Hypothesis No. 2. Inner Observer

It is possible that our universe is observing itself. For example, using pairs of quantum entangled particles separated in space as standards. Then the space between them is saturated with the probability of the existence of the process that generated these particles, reaching its maximum density at the intersection of the trajectories of these particles. The existence of these particles also means that there is no capture cross section on the trajectories of objects that is large enough to absorb these particles. The remaining assumptions remain the same as for the first hypothesis, except:

Time flow

An outside observation of an object approaching the event horizon of a black hole, if the determining factor of time in the universe is an “external observer,” will slow down exactly twice - the shadow of the black hole will block exactly half of the possible trajectories of “gravitational radiation.” If the determining factor is the “internal observer,” then the shadow will block the entire trajectory of interaction and the flow of time for an object falling into a black hole will completely stop for a view from the outside.

It is also possible that these hypotheses can be combined in one proportion or another.

If the employer violates the established deadline for payment of wages, vacation pay, dismissal payments and (or) other payments due to the employee, the employer is obliged to pay them with interest (monetary compensation) in the amount of not less than one three hundredth of the Central Bank refinancing rate in force at that time. Bank of the Russian Federation from unpaid amounts on time for each day of delay starting from the next day after the established payment deadline until the day of actual settlement inclusive. The amount of monetary compensation paid to an employee may be increased by a collective agreement, local regulation or employment contract. The obligation to pay the specified monetary compensation arises regardless of the employer’s fault.

Commentary on Article 236 of the Labor Code of the Russian Federation

§ 1. Title of Art. 236 is brought into line with its contents. The words “and other payments due to the employee” have been added to it.

The previous last sentence of this article has been replaced by a new text, according to which the amount of monetary compensation paid to an employee can be increased by a collective or labor agreement. The obligation to pay the specified monetary compensation arises regardless of the employer’s fault.

Both new provisions of Art. 236 are very important to ensure the employer’s real liability for delays in payments due to the employee.

§ 2. The employer’s obligation to pay employees wages on time and in full is provided for in several articles of the Code: in Part 2 of Art. 22 among the main responsibilities of the employer, in Art. 56, defining the concept employment contract; in Art. 136, which establishes the obligation to pay wages every half month.

§ 3. The employer and (or) representatives authorized by him in the prescribed manner, who delayed the payment of wages to the employee and other violations of wages, are liable in accordance with the Code and other federal laws(see Article 142 of the Labor Code).

Article 236 of the Code provides for liability for the employer’s violation of the deadline for payment of wages, vacation pay, dismissal payments and other payments due to the employee, in the form of payment of interest (monetary compensation) in a certain amount.

By collective agreement or labor agreement, the amount of monetary compensation for late payments can be specified and set at a higher amount.

§ 4. The procedure for collecting compensation if it, like wages, is not paid is not directly provided for.

It seems that disputes about monetary compensation for late payments due to an employee should be considered in the manner prescribed for labor disputes about wages.

Another comment on Article 236 of the Labor Code of the Russian Federation

1. The Labor Code has expanded the list of situations related to the delay of various payments in which the employer is liable. Now it can arise not only when wages are delayed, but also in other cases. The commented article identifies at least three options for holding an employer financially liable for delays in payments due to an employee. This does not exclude other payments due to the employee.

2. The obligation to pay the specified monetary compensation arises regardless of the employer’s fault, which, of course, increases the guarantees for the employee. After all, it is the employer who is the participant economic activity, bearing all the risk and all responsibility for its results. If this situation arises in budgetary organizations, then the responsibility must be shared by the state or municipalities, from the budget of which the activities of this employer are financed.

The corresponding position is reflected in the Resolution of the Plenum of the Armed Forces of the Russian Federation dated March 17, 2004 No. 2 “On the application by the courts of the Russian Federation of the Labor Code of the Russian Federation.” When considering a dispute arising in connection with the employer’s refusal to pay an employee interest (monetary compensation) for violation of the deadline for payment of wages, vacation pay, dismissal payments and other payments due to the employee, it must be borne in mind that, in accordance with the commented article, the court has the right satisfy the claim regardless of the employer’s guilt in the delay in payment of the specified amounts (clause 55 of the said Resolution).

3. If a collective agreement or employment contract determines the amount of interest to be paid by the employer in connection with the delay in payment of wages or other payments due to the employee, the court calculates the amount of monetary compensation taking into account this amount, provided that it is not lower than that established by the commented article.

The accrual of interest in connection with late payment of wages does not exclude the employee’s right to indexation of the amounts of delayed wages due to their depreciation due to inflationary processes.

4. For the time period during which an employee has the right to go to court regarding the collection of payments due to him, see Art. 392 TK.

Russia - constitutional state, in which must be observed. All spheres of human life are covered various types legal relations. The labor sphere is no exception; any employee has a legal opportunity to defend his rights in a particular issue.

However, most people are afraid to enter into debates with their superiors, even in cases where the truth is on their side. A striking example of this is a situation that often occurs in the Russian Federation: employer salaries.

Not only is the management obliged to pay in full and on time for all work performed by the employee, but if such payments are delayed, they are obliged to bear some responsibility. Article 236 of the Labor Code of the Russian Federation (LC RF) contains most of the legislative provisions on this issue, therefore, in today’s material, our resource decided to consider its points in more detail.

Material losses must be compensated

Financial liability is a type of liability that occurs for a person who has caused any material losses (other harm) and is now obliged to compensate them. In the topic being discussed today, financial responsibility is imposed on the employer to his subordinates.

The employee has the right to index damage to the equivalent material assets immediately at the moment when the debt is paid. If there is an industry tariff agreement, a larger amount may be required than established by current legislative acts.

Indexation of material assets and similar measures can be carried out regardless of whether any interest is calculated on the amount of damage over time or not. The deadlines regulated by the legislation of the Russian Federation for applying to a judicial authority for compensation of accrued but unpaid wages are defined in Article 392 of the Labor Code of the Russian Federation.

When collecting compensation for delay or refusal of payment on the part of the employer, all the legislative aspects presented above apply, fully characterizing Article 236 of the Labor Code of the Russian Federation.

Legal video material will also familiarize you with Article 236 of the Labor Code of the Russian Federation:

Compensation for unpaid wages and other types of remuneration

Article 236 labor code RF - about non-payment of wages

In accordance with the labor legislation of the Russian Federation, bear financial liability the employer is responsible for all types of remuneration (, various benefits, etc.), and not just for planned salary payments.

Failure to pay for the work on time, the hiring party to the employment contract undertakes to fully compensate for the damage (not only material, but also moral), as well as all allowances for funds delayed in payment.

Compensation for damage is subject to the following measures:

1. First of all, it is necessary to calculate the damage that was caused during the period of delay. The total amount of compensation is summed up from the amount of funds not paid on time, the legislative allowance (the part determined by law from the refinancing rate of the Central Bank of the Russian Federation of the entire unpaid amount for each day of delay) and, if available and assessed.
2. First, you must contact the employer directly for compensation for damages; if he refuses to pay the funds based on the legislation of the Russian Federation or any organizational acts of the enterprise, then there are two options: filing a complaint with the state labor inspectorate or.
3. Having received a writ of execution obliging you to compensate for damage, or having agreed with the employer to reimburse all funds, it is important to monitor the timeliness and completeness of compensation payments.

It is important to understand that in situations where the employer behaves in bad faith, the law is almost always on the employee’s side, so it is not rational to be afraid to defend your rights, for example, in court.

The information presented above fully complies with the legislation of the Russian Federation, including the provisions of Article 236 of the Labor Code, and therefore can be used to assert the rights of any citizen of Russia.