Punishment for non-payment of wages c. What are the penalties for non-payment of wages? Criminal penalties for non-payment of wages

Explained by the head of the department for supervision of compliance with federal legislation of the Moscow prosecutor's office Evgeniy Nikolaevich Manerkin

The Labor Code of the Russian Federation establishes guarantees for workers at the legislative level; its goals are: establishing state guarantees of labor rights and freedoms of citizens, creating favorable working conditions, protecting the rights and interests of workers and employers.

In accordance with Art. 129 of the Labor Code of the Russian Federation, wages (remuneration of workers) - remuneration for work depending on the qualifications of the employee, complexity, quantity, quality and conditions of the work performed, as well as compensation payments (additional payments and allowances of a compensatory nature, including for work in conditions deviating from normal, work in special climatic conditions and in areas exposed to radioactive contamination, and other compensation payments) and incentive payments (additional payments and incentive allowances, bonuses and other incentive payments).

Wages are paid at least every half month on the day established by the internal labor regulations, collective agreement, or employment contract. If the payment day coincides with a weekend or non-working holiday, wages are paid on the eve of this day. Payment for vacation is made no later than three days before it starts. It should also be remembered that the possibility of receiving wages does not depend on the organization making a profit, selling products, selling goods, or performing services.

In case of delay in payment of wages for a period of more than 15 days, the employee has the right (by notifying the employer in writing): to suspend work for the entire period until the delayed amount is paid. During the period of suspension of work, the employee has the right: to be absent from the workplace during his working hours. An employee who was absent from the workplace during his working hours during the period of suspension of work is obliged to return to work no later than the next working day after receiving written notification from the employer of his readiness to pay the delayed wages on the day the employee returns to work.

Currently, liability for violation of labor and labor protection legislation is provided for by three Codes: the Labor Code, the Code of Administrative Offences, and the Criminal Code. Accordingly, an employer who violates labor laws is subject to each of them.

Article 142 of the Labor Code of the Russian Federation provides for the employer's liability for failure to meet the deadlines for payment of wages and other amounts due to the employee. An employer (its authorized representatives) who has committed delays in paying employees wages or other violations of wages are liable in accordance with the Labor Code and other federal laws.

Article 236 of the Labor Code of the Russian Federation provides for the financial liability of the employer for delays in payment of wages and other payments due to the employee. If the employer violates the established deadline for payment of wages, vacation pay, dismissal payments, 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 refinancing rate of the Central Bank of the Russian Federation in force at that time from unpaid amounts on time for each day of delay starting from the next day after the due date for payment up to and including the day of actual settlement. At the same time, the obligation to pay the specified monetary compensation arises regardless of the employer’s fault.

Responsibility for violation of labor and labor protection legislation is provided for in Art. 5.27 of the Code of the Russian Federation on Administrative Offences. In accordance with this article, violation of labor and labor protection legislation entails: the imposition of an administrative fine on officials in the amount of one thousand to five thousand rubles. For individual entrepreneurs - from one thousand to five thousand rubles or administrative suspension of activities for up to ninety days. In accordance with paragraph 2 of Art. 5.27 of the Code of the Russian Federation on Administrative Offenses, violation of labor and labor protection legislation by an official previously subjected to administrative punishment for a similar administrative offense entails: disqualification for a period of one to three years.

In accordance with the provisions of Art. 145.1 of the Criminal Code of the Russian Federation for non-payment of wages, pensions, scholarships, benefits and other payments provides for the following liability.

Partial non-payment of wages, pensions, scholarships, allowances and other payments established by law for more than three months, committed out of mercenary or other personal interest: by the head of an organization, by an employer - an individual, by the head of a branch, representative office or other separate structural unit of the organization, is punishable by a fine in the amount : up to one hundred twenty thousand rubles; or in the amount of wages or other income of the convicted person for a period of up to one year; or deprivation of the right to hold certain positions or engage in certain activities for a period of up to one year; or forced labor for a term of up to two years, or imprisonment for a term of up to one year.

Complete non-payment for more than two months: wages, pensions, scholarships, allowances, other payments established by law, or payment of wages for more than two months in an amount below the minimum wage established by federal law, committed out of selfish or other personal interest: by the head of the organization, the employer - by an individual, the head of a branch, representative office or other separate structural unit of an organization, is punishable by a fine in the amount of one hundred thousand to five hundred thousand rubles, or in the amount of the wages or other income of the convicted person for a period of up to three years, or by forced labor for a period of up to three years. with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years or without it, or imprisonment for a term of up to three years with deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years or without it.

If the above acts entail grave consequences, then they are punishable by: a fine in the amount of two hundred thousand to five hundred thousand rubles; or in the amount of wages or other income of the convicted person for a period of one to three years; or imprisonment for a term of two to five years with or without deprivation of the right to hold certain positions or engage in certain activities for a term of up to five years.

Non-payment of wages is a gross violation of the Labor legislation of the Russian Federation. When an employee has done his job conscientiously, he should receive a reward. Otherwise, the employer is responsible for the incident, since this is one of his main responsibilities.

Responsibility for incomplete or partial payment

Lack of funds and difficult financial situation does not relieve the employer of the obligation to pay wages. Liability for delay or complete non-payment of earned money is provided for in several legal acts. The Labor Code of the Russian Federation contains references to administrative and criminal legislation.

This issue has become especially relevant in our time of crisis, since right now many employers are delaying or evading payment of wages to their employees. Responsibility for non-payment can be expressed either in a small administrative fine or in criminal liability.

Responsibility arises in the event of the following violations:

The employer, having the opportunity to pay his employees, does not issue wages. The money could be used to repair the building, purchase new equipment, pay off debts to credit institutions, etc. The administration has funds at its disposal that are spent on other purposes.
Failure to pay wages for a certain period. If an employee does not receive any funds for 2 or more months, then this is called complete non-payment, which threatens the enterprise administration with criminal liability.
Failure to pay part of the salary for three months. This also risks criminal liability. Such a payment is called partial; its amount is less than half the amount of the entire monthly salary.

According to the Labor Law (Article 142), wages to workers and employees are paid at least twice a month on certain days. Certain days on which payment occurs must be determined by the administration of the enterprise or organization.

This may be a collective or labor agreement, as well as internal scheduling rules. If payment falls on a holiday or weekend, then all payments are made on the eve of these days. If the contracts indicate otherwise, then such conditions are illegal and therefore invalid.

Thanks to news and discussions on forums, we see that due to legal illiteracy, many employees do not wait for the promised payments and move to another place of work. Some remind employers about salaries, but fearing losing their jobs, they do it late and hesitantly.

Meanwhile, reasons for holding the management accountable appear already on the first day of delay in salary payment. Unfortunately, few people know about this. And after 2 weeks of “forgetfulness,” or rather, on the 16th day, counting from the day when the salary should be due, employees of an enterprise or organization have the right not to go to work.

They can suspend the performance of their duties by notifying the employer in advance. The notification must be in writing. For the period when they do not work, according to the law, wages are still accrued.

Criminal liability

The fine for non-payment of wages is provided for in Article 145.1 of the Criminal Legislation of the Russian Federation.

The latest changes were made at the end of June this year. Its main content:

As a rule, in most cases, the employer receives a fine, which depends on the severity of the criminal offense. Funds from the payment of fines go to the state budget.

Where to complain in case of non-payment of wages

Let's consider the employer's responsibility under the Labor Code. It does not contain a specific procedure for punishing the employer in case of delay or non-payment of fees. The norms discussed are contained in the Criminal Code of the Russian Federation and the Code of Administrative Offenses of the Russian Federation.

But the Labor Code contains an important article on compensation to an employee of an organization for the period of delay in the payment of wages. This is Article 236, which was last amended in mid-2016. Let's reveal the main essence of the article:

An employer who delays the payment of wages, dismissal payments, vacation pay, etc., bears financial responsibility for this.
When issuing the above payments, the employer must compensate for the delay with a certain monetary additional payment.
The amount of compensation is no less than 1/150 of the rate of the Central Bank of the Russian Federation, which is in effect at this time. The interest is calculated for each day, the period begins from the next day after the date established for payments.
If incomplete payments were made (see above), then interest is taken from the unpaid portion of the entire amount.
The amount of compensation may be increased by a collective or labor agreement, as well as by local regulations. Such payment is made regardless of whether the administration was to blame for the delay in wages or not.

If an employer does not pay wages or regularly delays them, then you need to draw attention to your problem. Where can an ordinary employee complain? The best way to protect yourself from negligent administration is to file a complaint with the prosecutor's office.

The prosecutor's office must conduct an appropriate investigation into this complaint. If she confirms the indicated events, then the management will suffer one of the punishments indicated above. Prosecutors have the right to impose administrative penalties.

If grounds for criminal prosecution are identified, they will forward the materials to the investigative committee. There are no clear rules for filing a complaint. The main thing is to describe the essence of the issue and provide all the necessary information. Instead of the prosecutor's office, you can contact the labor inspectorate, which has the authority to check the implementation of the Labor Code of the Russian Federation.

Video about employer responsibility

The problem of employer liability to employees for non-payment of wages is very relevant today. In this case, both employees and management must have minimal knowledge of the law. Both must understand that liability may consist of compensation or represent punishment up to and including imprisonment.

From October 3 in Russia, employees' salaries will be issued according to new rules in accordance with Law N 272-FZ "On amendments to certain legislative acts of the Russian Federation on increasing the responsibility of employers for violations of the law regarding wages." TASS figured out what these rules are and what the changes mean for employers and employees.

What's changing?

The Labor Code stipulates the employer’s obligation to pay wages no later than 15 calendar days from the end of the period for which they were accrued.
State labor inspectorates received the right to conduct inspections on complaints of non-payment of wages or wages below the minimum wage immediately with notification of the prosecutor's office (Article 360 of the Labor Code of the Russian Federation). Previously, it was necessary to obtain the consent of the prosecutor's office in advance.
Payment of vacation pay must now be made no later than three days before the start of the vacation.
In case of dismissal, final payment to the employee must be made on the day of dismissal.

What are the consequences for employers for delaying wages?

Fines for non-payment of wages increase 10 times. If previously for an official they ranged from 1 thousand to 5 thousand rubles, then in accordance with the new law, you will have to pay 10–20 thousand rubles for late payment.
They will punish much more severely for repeated violations: for an official the fine will increase from 10–20 thousand rubles to 20–30 thousand rubles, for an organization - from 70 thousand to 100 thousand rubles. For persons carrying out entrepreneurial activities without forming a legal entity, the fine for a repeated offense will increase from 10–20 thousand rubles to 20–30 thousand rubles.

What will an employee receive in the event of a delay in wages?

In case of delay exceeding 15 days, the employer is obliged to pay the employee all amounts due to him, with interest.
According to the law, the amount of compensation (interest) for delayed wages is doubled. Compensation will be calculated based on 1/150 of the key rate of the Central Bank of the Russian Federation per day of the delayed amount, instead of 1/300 of the rate, as was previously the case.

Why was a new law needed?

According to Deputy Minister of Labor and Social Protection of the Russian Federation Lyubov Eltsova, the authors of the document “pursued the goal of protecting the rights of workers from an unscrupulous employer.”
According to the Ministry of Labor, as of June 1, the total wage arrears in the country amounted to 4 billion rubles, non-payments affected 77 thousand workers.

In accordance with Part 3 of Article 37 of the Constitution of the Russian Federation, everyone has the right to remuneration for work, without any discrimination and not lower than the minimum wage established by federal law.

Article 22 of the Labor Code of the Russian Federation obliges the employer to pay the full amount of wages due to employees within the time limits established in accordance with the Labor Code of the Russian Federation, the collective agreement, internal labor regulations, and employment contracts.

At the same time, current Russian legislation establishes various types of liability for employers for non-payment of wages to employees.

The head of an organization, leaving a person without a livelihood through non-payment of wages, commits a crime against the person as an individual and against the legislation established in the Russian Federation. We would like to note that especially frequent cases of non-payment of wages are observed in commercial organizations. This circumstance is mainly due to the following reasons: solving current financial problems at the expense of employees’ wages, making a profit from temporary investment of funds, etc.

According to Article 419 of the Labor Code of the Russian Federation, persons guilty of violating labor legislation are subject to disciplinary, material civil, administrative and criminal liability in the manner established by the legislation of the Russian Federation.

Administrative liability of the employer for non-payment of wages

In accordance with Article 5.27 of the Code of Administrative Offenses of the Russian Federation, persons who have committed violations of labor legislation, including delays in payment of wages, may be held administratively liable. As measures of liability, the legislator provides for the imposition of an administrative fine:

for officials in the amount of one thousand to five thousand rubles;
for persons carrying out entrepreneurial activities without forming a legal entity - from one thousand to five thousand rubles or administrative suspension of activities for up to 90 days;
for legal entities - from thirty thousand to fifty thousand rubles or administrative suspension of activities for up to 90 days.

Repeated violation of labor and labor protection legislation within a year by an official who was previously subjected to administrative punishment for a similar administrative offense entails disqualification for a period of one to three years (clause 3 of article 4.5 and clause 2 of article 5.27 of the Code of Administrative Offenses of the Russian Federation ).

Criminal liability of an employer for non-payment of wages

The regulation of criminal liability for non-payment of wages is entrusted to Art. 145.1 of the Criminal Code of the Russian Federation.

1. Responsibility for partial non-payment of wages (clause 1 of Article 145.1 of the Criminal Code of the Russian Federation).
In case of partial non-payment (less than half of the amount) of wages, over three months, committed out of selfish or personal interest.
The subject of the crime is the head of the organization, the employer - an individual, the head of a branch, representative office or other separate structural unit of the organization.

Punishment:
- a fine in the amount of up to one hundred twenty thousand rubles, or in the amount of wages or other income of the convicted person for a period of up to one year,

Or deprivation of the right to hold certain positions or engage in certain activities for a period of up to one year,

Or forced labor for up to two years,

Or imprisonment for up to one year.

2. Responsibility for complete non-payment of wages (clause 2 of Article 145.1 of the Criminal Code of the Russian Federation).
In case of complete non-payment of wages over two months, as well as payment of wages for more than two months in an amount below the minimum wage established by federal law, committed out of selfish or other personal interest.

The subject of the crime is the head of the organization, the employer - an individual, the head of a branch, representative office or other separate structural unit of the organization.

Punishment:

a fine in the amount of one hundred thousand to five hundred thousand rubles, or in the amount of wages or other income of the convicted person for a period of up to three years,
or forced labor for a term of up to three years with or without deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years,
or imprisonment for a term of up to three years with or without deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years.

3. The acts listed above that resulted in grave consequences (clause 3 of Article 145.1 of the Criminal Code of the Russian Federation).

Punishment:

a fine in the amount of two hundred thousand to five hundred thousand rubles or in the amount of wages or other income of the convicted person for a period of one to three years,
or imprisonment for a term of two to five years with or without deprivation of the right to hold certain positions or engage in certain activities for a term of up to five years.

The subject of a crime under Art. 145.1 of the Criminal Code of the Russian Federation, there can only be a strictly defined person - the head of an organization, branch, representative office, other separate structural unit of the organization or an employer - an individual.

If the head of an organization does not pay off wage arrears to employees using funds received by the company, but directs these funds to economic needs, then in this case the latter is the subject of a crime and is subject to criminal liability.

If the relationship was not labor, but other civil law, the head of the organization is not subject to criminal liability under Art. 145.1 of the Criminal Code of the Russian Federation.

Bringing the head of an organization to administrative liability for non-payment of wages is not an obstacle to bringing the latter to criminal liability under Art. 145.1 of the Criminal Code of the Russian Federation.

If there is a delay in payment of wages, you can contact the manager with a demand to eliminate the violations of your rights, and with a promise to otherwise contact the law enforcement authorities with a statement to bring the manager to criminal liability. If this document is drawn up correctly, then, most likely, management will make contact. Promises about payments in the next month or quarter should not be trusted. A real confirmation of the intention of the organization’s management to pay you the debt will be the payment of the debt, if not all, then at least part.

The employee also has another way of influencing the employer, which is especially effective if there is debt to a significant number of employees. An employee can exercise the right provided for in Part 2 of Article 142 of the Labor Code of the Russian Federation and suspend work if payment of wages is delayed for more than 15 days. It is very important to correctly document this situation with written documents - it is necessary to notify the employer in writing of the suspension of work on the specified grounds. Please note that an employee can suspend work until it is paid, regardless of whether the employer is at fault (clause 57 of the Resolution of the Plenum of the Armed Forces of the Russian Federation No. 2 of March 17, 2004)

Suspension of work is not allowed:

during periods of martial law and a state of emergency;
in military bodies and organizations in charge of ensuring the country's defense and state security, emergency rescue, search and rescue, fire-fighting work, work to prevent or eliminate natural disasters and emergency situations, in law enforcement agencies;
civil servants;
in organizations directly servicing particularly hazardous types of production and equipment. At the same time, employees of such organizations, whose rights to timely and full payment of wages have been violated, can appeal to the labor dispute commission, the court, or the state supervisory authorities and control over compliance with labor legislation (Determination of the Constitutional Court of the Russian Federation dated October 19, 2010 N 1304-O-O);
an employee involved in ensuring the livelihoods of the population (energy supply, heating and heat supply, water supply, gas supply, communications, ambulance and emergency medical care stations).

During the period of suspension of work, the employee has the right to be absent from the workplace. An employee who was absent from the workplace during his working hours during the period of suspension of work is obliged to return to work no later than the next working day after receiving written notification from the employer of his readiness to pay the delayed wages on the day the employee returns to work.

It follows from Article 236 of the Labor Code that in case of delay in payment of wages, the employer is obliged to pay it with interest (monetary compensation) in the amount specified in the article. The amount of monetary compensation paid to an employee may be increased by a collective agreement.

Thus, the employer’s financial liability for delayed payment of wages involves not only compensation for the earnings received by the employee, but also the payment of additional interest (monetary compensation). This measure of employer liability occurs regardless of whether the employee exercised the right to suspend work. Moreover, since the Labor Code does not specifically provide otherwise, the employee has the right to retain his average earnings for the entire time of delay in payment, including the period of suspension of his work duties.

Based on the above, to an employee who was forced to suspend work due to a delay in payment of wages for a period of more than 15 days, the employer is obliged to compensate the average earnings he did not receive for the entire period of its delay with the payment of interest (monetary compensation) in the amount established by Art. 236 of the Labor Code.

The minimum amount of compensation must be no less than 1/300 of the refinancing rate of the Central Bank of the Russian Federation in force during the period of delay in relation to amounts not paid on time for each day of delay, starting from the next day after the stipulated payment period and ending with the day of actual settlement (inclusive). Thus, the Labor Code of the Russian Federation determines the minimum amount of monetary compensation. The amount of monetary compensation may be increased if this is provided for by the terms of the collective or employment agreement.

In case of non-payment to the employee, simultaneously with the repayment of the debt, monetary compensation in accordance with Article 236 of the Labor Code of the Russian Federation, he can go to court with a demand to hold the employer financially liable in terms of payment of interest for delayed wages.

The employer's obligation to pay monetary compensation arises from the first day of delay in payments due to the employee and is not due to his fault.

From Art. 236 of the Labor Code of the Russian Federation it follows that monetary compensation is calculated on payments due to the employee, i.e. for amounts received after personal income tax withholding. The compensation paid is income exempt from taxation on the basis of clause 3 of Art. 217 of the Tax Code of the Russian Federation, regardless of whether it is provided for in a collective or labor agreement or not. If the specified compensation exceeds the minimum amount established by the Labor Code of the Russian Federation, then the excess amount is also not subject to personal income tax (Letter of the Ministry of Finance of Russia dated November 28, 2008 N 03-04-05-01/450).

For the protection of violated rights to timely and full payment of wages, employees have the right to apply to the State Labor Inspectorate St. Petersburg, to the division of the Investigative Committee of Russia for St. Petersburg, to the district prosecutor's office at the location of the employer or to the court.

The topic of the criminal liability of an employer for non-payment of wages 2019 is relevant.

Failure by an employee to receive honestly earned money is a gross infringement of his labor rights, as well as the legislation of the Russian Federation.

Criminal penalties for late payment of labor defines Art. 145.1 of the Criminal Code of the Russian Federation.

Labor legislation

All working citizens have the right to monetary remuneration for their work without discrimination and not lower than the approved minimum wage (Article 37 of the Constitution, Article 21 of the Labor Code of the Russian Federation).

The employer is obliged to pay earned money to employees on time, established by internal acts of the organization: labor and collective agreements, labor regulations (Article 22 of the Labor Code of the Russian Federation).

Each employee has the right to receive a salary on time, in full and in an amount not lower than the minimum established by the state. According to Art. 142 of the Labor Code of the Russian Federation, it must be paid twice a month.

From 09/03/16, monthly wages must be paid by the 15th day of the month following the month worked (Law No. 272-FZ of 07/03/16).

Failure to pay wages on time is a crime against working citizens. The severity of this official arbitrariness lies in the fact that it infringes on the interests of the worker: it undermines their social stability, and violates the constitutional right to remuneration for work.

Responsibility for the employer begins from the first day of delay, and from the 16th - employees have the right to stop performing their work duties. They must communicate their intention to the employer in writing. At the same time, they are still entitled to a salary: at least 2/3 of the average.

Persons guilty of non-payment of wages to employees are subject to material, administrative and criminal liability.

Criminal penalties for non-payment of wages

Criminal liability for non-payment of wages to employees applies to the head of an enterprise (branch, representative office, other separate division) or to an individual entrepreneur.

Art. 145.1 of the Criminal Code of the Russian Federation protects the right of people to remuneration for their work. Its clauses provide for various penalties for non-payment of earnings.

Partial non-payment

Partial payment means payment in the amount of less than half of the amount due to the employee.

The employer's criminal liability for non-payment of wages in this case occurs if:

wages have not been paid in full for more than three months;
the above employers have selfish goals or personal interests.

For partial non-payment of earnings applies one of the following criminal penalties:

fine of up to 120,000 rubles. or in the amount of earnings (other income) of the convicted person for a period of up to a year;
prohibition from holding certain positions or conducting certain activities for up to a year;
forced labor for up to 2 years;
imprisonment for up to a year.

Complete non-payment

Complete non-payment means situation when:

wages are not paid for 2 months;
payment of earnings for the same period is below the minimum established by the legislation of the Russian Federation.

If the employer's malice is proven, he is subject to more severe penalties than in the case of partial non-payment.

One of the following criminal penalties is applied:

fine 100,000-500,000 rub. or in the amount of earnings (other income) of the convicted person for a three-year period;
forced labor for up to 3 years with or without a ban on holding certain positions or engaging in certain activities for up to 3 years;
imprisonment for up to 3 years with or without restriction in carrying out certain activities or holding certain positions for up to 3 years.

When determining the interval for which wages were not paid partially or completely to employees, you need to take into account all months with violations. Their order does not matter.

Dire consequences

If partial or complete non-payment of wages to an employee led to serious consequences, an even more stringent measure of liability is applied to the employer.

By grave consequences we mean, for example, the death of an employee or the deterioration of a sick family member. A cause-and-effect relationship must be established: evidence that, for example, the wife did not receive an expensive medicine due to unpaid wages to her husband.

Clause 3 of Article 145.1 provides for one of the following penalties:

fine from 200,000 to 500,000 rubles. or in the amount of earnings (other income) for a period of 1 to 3 years;
imprisonment for 2-5 years and a ban on holding leadership positions or conducting certain activities for up to 5 years or without it.

Current account status

Whether a manager will be held criminally liable for failure to pay wages sometimes depends on the state of the organization's account at the time of the delay or after the debt is repaid.

There is not enough money in the account

In this situation, the reasons why there are no funds left in the account are important. These may include the following:

Money paid to the manager(a significant increase in earnings, an impressive bonus, etc.). These actions are criminally punishable.
Unreasonable financial investments(purchase of shares, real estate, etc.). The corpus delicti is obvious.
Deliberate withdrawal of money from an account(except for their theft).

When qualifying management actions under Art. 145.1 of the Criminal Code of the Russian Federation, in case of non-payment of wages due to insufficient money, one should be guided by the law: the order of debiting funds from the account if there is a shortage (Article 855 of the Civil Code of the Russian Federation).

Payment of wages belongs to the third stage. If the manager paid taxes or, for example, rent, then his actions fall under Art. 145.1 of the Criminal Code of the Russian Federation: filing an application with the Arbitration Court for bankruptcy (Law No. 127-FZ of October 26, 2002).

Managers of an enterprise in a crisis situation often try to solve the problem on their own, ignoring the obligation to file an application to court.

Instead, the manager uses the available money to purchase raw materials or goods, and uses the profits to pay off salary debt and develop further activities.

The following situations are possible:

Delay in salary payment for less than 3 months, no serious consequences. This act is assessed under Art. 14 of the Criminal Code of the Russian Federation and is not considered a crime.
The delay slightly exceeded the 3-month period. This act can be regarded under Art. 39 of the Criminal Code of the Russian Federation. Exceeding the time limit is assessed based on the circumstances of the case. For example, the savings of employees allowed them to survive for more than 3 months without any special difficulties.

The intention of the manager was aimed at restoring the solvency of the organization. In these situations, the opinion of the workforce is taken into account.

For example, an employee did not receive a salary for 3 months, but retained a valuable job, and his debt was paid in full and an additional bonus was paid.

There is money in the account

If the boss does not pay wages when there are funds in the account, what matters is whether he can dispose of them: send them to the cash desk or transfer them to the personal accounts of employees.

If, for example, the account is under arrest, then there is no corpus delicti of the manager, since there is no intention not to pay wages.

Special Moments

If the employee worked not under an employment contract, but under a civil law contract, criminal liability does not apply to the manager.

Criminal penalties for late payment also apply to heads of universities and other government agencies.

Accused in similar criminal cases cannot have the support of a lawyer.

If a manager is subject to administrative penalties for non-payment of wages, he may also face criminal charges at the same time.

Not only the manager can be subject to criminal punishment. An accomplice may be the financial director or chief accountant, who carries out fraud to withdraw money intended to pay salaries.

Sign of a manager's guilt

Criminal liability for delayed wages may follow only if the boss is proven guilty (Article 2.1 of the Code of Administrative Offenses and Article 14 of the Criminal Code of the Russian Federation).

The crime will be confirmed if two conditions are met:

Salaries were not paid when there was a real possibility of paying them.
The manager had a motive for non-payment.

Once the employer’s self-interest or personal interest in non-payment of wages is proven, the court will decide on the degree of punishment for the defendant.

Selfish intent presupposes deliberate retention of available funds, the desire of the manager to obtain material benefits for himself.

For example, putting unpaid money into your account to accrue interest, purchasing property, solving personal financial problems, etc.

Personal interest is expressed in the desire to get rid of unwanted employees for the purpose of career growth or other malicious intent.

During the audit, the manager can present evidence of the absence of his guilt. For example, lack of financial income from a higher organization.

In this case, the supervisory authority notifies the superior about the results of the inspection and the adoption of measures to repay the salary debt.

Where to contact

In case of non-payment of wages a peaceful resolution of the issue is initially possible.

The reasons for the delay should be clarified. Perhaps the difficulties are temporary. They will soon be resolved and the conflict will be resolved.

Partial repayment of debt may be a solution according to the drawn up schedule and other options for resolving the issue.

If there were gray wages at the enterprise, it is almost impossible to collect the debt on them and filing complaints on this issue will not yield results.

If the problem is not resolved peacefully, employees can turn to certain authorities to protect their rights.

Investigation Department

Violations reflected in Art. 145.1 is being considered by the Investigative Committee (IC). An application should be submitted to his territorial unit if the manager delays wages.

Labor inspection

The competence of this body is to protect the rights of workers from the arbitrariness of employers. An application must be submitted to the inspectorate describing the nature of the problem.

Its employees will conduct an inspection of the offending organization. They will independently send their conclusion based on its results to the Investigative Committee or the prosecutor's office.

ATS

You can contact the police. The employees will accept the application and also forward it to the Investigative Committee.

Internet portal

It will help you file a complaint against your employer for late payment of wages, get answers to your questions, get acquainted with similar situations of other citizens, and get prompt assistance in solving the problem website "Onlineinspection.rf".

Prosecutor's office

This supervisory body considers complaints about non-payment of wages as a matter of priority., especially in cases with young people (under 18 years old) and people with disabilities, i.e. vulnerable segments of the population.

The prosecutor will analyze the facts set out in the workers' statement.

In relation to the management of the organization, a representative of the prosecutor's office issues a resolution to urgently cease all offenses against employees.

Court

The employer may be subject to legal proceedings. Collection of wage arrears through the court is an effective measure.

Statement of claim needs to be composed correctly. It must contain factual evidence of management’s guilt and specific demands of the injured workers.

After considering the application, the court makes a decision. Compulsory measures are applied to the employer to meet the interests of the victims.

So, Late payment of wages to employees is illegal which can have serious consequences for the management of the organization. Criminal liability is a last resort. It is applied only when the guilt and selfish goals of the leader are proven.