If vacation pay is not paid before the start of the vacation, what should the employee do in this case?

Last modified: January 2021

All issues relating to the employer’s fulfillment of financial obligations in relation to the employee are resolved strictly in accordance with labor legislation. The right to timely payment of vacation pay on the eve of going on vacation is confirmed by Art. 114-115 Labor Code of the Russian Federation. As follows from the law, the employee must be paid the required amount 3 days before the first day of vacation. Any delay gives the right to hold the employer liable. When faced with a violation of the norms of the Labor Code of the Russian Federation, it is worth studying what to do if vacation pay is not paid on time, and where to go.

Employees' rights to leave

An employee has a number of rights related to vacation, which the employer must not violate. These include the following rights:

• for annual paid leave for the entire period worked - must be at least 28 days;
• to divide the vacation period into parts;
• to work on rest days if it is necessary to complete unfinished business;
• to pay for days off.

You should know! If the money is not transferred on time, the employee is paid a late fee.

Can an employer not pay vacation pay?

· August 3, 2019
Violation of Article 136 of the Labor Code of the Russian Federation, the employer’s liability under Article 5.27 of the Code of Administrative Offenses of the Russian Federation, part 1 and 2.

To intimidate the employer :)) you can submit statements that because. the requirements of Article 136 of the Labor Code of the Russian Federation regarding the deadline for paying vacation pay have been violated. I ask you to pay me vacation pay with interest in accordance with Article 236 of the Labor Code of the Russian Federation.

Moreover, if the employer violates the payment deadlines, he is obliged to pay interest even without a statement, and even if the delay is not the employer’s fault, he is obliged to pay interest. The Labor Code of the Russian Federation obliges the employer to pay vacation pay to the employee no later than three days before the start of the vacation (based on Article alt="Can an employer not pay vacation pay">

The employer does not pay vacation pay

You know, the condition that payment for vacation is made no later than three days before its start is established in Article 136 of the Labor Code of the Russian Federation. And therefore, the employer violates the Labor Code of the Russian Federation: For violation of labor legislation, the employer bears administrative responsibility under Article 5.27 of the Code of Administrative Offenses of the Russian Federation.

Criminal liability under Article 145.1 of the Criminal Code of the Russian Federation for non-payment of wages, pensions, scholarships, benefits and other payments. In court, you can claim payment of your vacation pay with interest under Article 236 of the Labor Code of the Russian Federation; the employer is obliged to pay with interest, even if it is not his fault.

And also, the employer is obliged to compensate for moral damages under Article 237 of the Labor Code of the Russian Federation. You need to deal with the employer and demand payment of vacation pay, which we will discuss next.

Andrey, you can use all these options: You submit the application in the following ways (to choose from): - through the secretariat, the human resources (personnel) department of the organization, so that on the second copy you will receive an incoming number and a mark from an official about the acceptance of this application; — by registered mail with registered receipt and a list of the contents; — by mail, fax or email (if you have an official email address).

2.

Moreover, the Constitution of the Russian Federation establishes other rights of employees, which include: Vacation pay was not paid on time If vacation pay was not paid on time, then the employee is entitled to compensation. Vacation payments are made from a reserve fund, which is regularly supplied with funds.

It is available at every enterprise, which provides compensation for the wages of the working team during vacation. Employee rights An employee has a number of rights that must not be violated by the employer.

• The right to full annual paid leave.

The law establishes that the duration of vacation cannot be less than 28 days, but the employer can increase its duration by issuing a local regulation. Some categories of employees, for example, teachers, are entitled to increased leave of up to 56 days.

What happens if you don’t pay vacation pay on time?

1. for officials of the organization (for example, a manager) - a warning or a fine of 1000 rubles. up to 5000 rub.;
2. for an organization – a fine of 30,000 rubles. up to 50,000 rub.
3. for entrepreneurs – a fine of 1000 rubles. up to 5000 rub.
   ;

Nina Kovyazina, Deputy Director of the Department of Medical Education and Personnel Policy in Healthcare of the Ministry of Health of Russia Failure to comply with the deadline for payment of vacation pay can be regarded as a violation of the requirements of labor legislation.

For this violation, the labor inspectorate may fine the organization or its officials.

The responsibility is as follows:

1. for officials of the organization (for example, a manager) - a warning or a fine of 1000 rubles.

The employer did not pay vacation pay

In order to understand for what kind of vacation the employer needs to pay vacation pay, let’s first find out what vacation is and what types of it are provided for by law. The questions are answered by the Deputy Head of the State Labor Inspectorate, Deputy Chief State Labor Inspector in the Perm Territory (for legal issues) Elena Kudrenko.

Well, as a result, contact the labor inspectorate, and if necessary, go to court.

By the way, now they don’t go to court on these issues, but go to the judge directly and he issues a court order, i.e.

The holiday period is a welcome time for employees, but a huge headache for accounting. After all, a specialist needs to correctly calculate the amount, make timely transfers, and reflect vacation pay in accounting.

Vacation may have different purposes, some of which are paid, others are not.

Vacation pay not paid - what to do?

The Constitution and the Labor Code provide for the right of any employee to payment for his work activities and the provision of paid time for rest.

If an employee of an enterprise has not been paid vacation funds for any reason, he has the right not only to refuse to go on vacation, but also to file a corresponding complaint against his employer. Employers cannot plead their ignorance of employee leave

136 of the Labor Code of the Russian Federation). If necessary, you can attach documents and materials in electronic form to your appeal to support your arguments. The received appeal is considered in the manner established by Federal Law dated 02.

Does the employer not pay vacation pay?

The employee can use it to contact the labor inspectorate.

1. transfer of leave upon request of the employee.
2. bringing to material and labor liability;

Therefore, I can tell you about the most important labor rights, which... Services provided: Legal consultations, paid consultations by agreement. So, if three days before the start of your long-awaited vacation you have not received your vacation money, you have the right to transfer your vacation to another time that you choose.

Does my employer have the right to refuse to pay me for student leave?

Yes, you have already received your education.

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The leave granted to an employee annually may be divided into several parts if one part lasts at least 14 days.

Terms of vacation payments in accordance with the Labor Code

Every employee officially working for his employer under an employment contract has the right to annual paid leave, in accordance with the Labor Code of the Russian Federation.

The terms for payment of vacation pay are clearly defined by the Labor Code of the Russian Federation: Administrative responsibility is expressed in fines.

Fines are imposed by the Labor Inspectorate, depending on the number and quality of “mistakes” made. Such liability is provided for in the Code of Administrative Offences, Article 5.27.

Source: https://152-zakon.ru/mozhet-li-rabotodatel-ne-vyplachivat-otpusknye-12444/

Where to go if vacation pay is not paid on time?

If the money was not transferred on time, the employee can protect his interests through the labor inspectorate, prosecutor's office or court.

To the labor inspectorate

The Labor Inspectorate ensures that employers comply with the Labor Code of the Russian Federation. The agency conducts inspections of organizations both routinely and based on written requests from employees.

After receiving a complaint, the employer is sent a request to provide documents for each of the applicant’s arguments. If the facts of non-payment of vacation pay are confirmed, an order is issued to eliminate the violations indicating a specific deadline.

After the allotted time has expired, the employer is required to provide documents confirming the payment of vacation pay.

To the prosecutor's office

An employee has the right to bypass the labor inspection and contact the prosecutor's office. Each department has a department that oversees compliance with the labor rights of citizens.

Expert opinion

Semenov Alexander Vladimirovich

Legal consultant with 10 years of experience. Specializes in the field of civil law. Member of the Bar Association.

After accepting the complaint, the prosecutor's office initiates an investigation. The prosecutor has the right to appear at the organization without warning, request the necessary documents and interview personnel and accounting department employees.

If non-payment of vacation pay is established, a motion to eliminate the violations is issued. The employer is obliged to comply with it, otherwise he will be held accountable.

To court

The employer bears civil liability for late payments under Article 236 of the Labor Code of the Russian Federation. He must pay a penalty in the amount of 1/150 of the debt amount. The reason for the delay does not matter.

Interest must be calculated without the employee filing a claim. If the employer ignores this rule, the employee has the right to go to court with a claim to collect a penalty. He can also file a claim for compensation for moral damage.

Labor legislation is on the side of workers, so the courts in most cases make a positive decision. If the employer refuses to comply with it, the judicial act with the writ of execution is handed over to the bailiff. As part of enforcement proceedings, money is forcibly written off from the company's accounts in favor of the employee.

Where to contact if money is transferred late?

To resolve the issue of delay or lack of vacation pay, as well as restore justice, the employee has the right to apply to the following authorities:

• trade union;
• labor inspection;
• the prosecutor's office;
• court.

The first step is to contact the trade union. However, today such organizations exist in large enterprises and often perform only a number of formal functions. That is why an employee can appeal to the labor inspectorate or court.

The result of the proceedings will be, if the outcome is favorable, the satisfaction of the interested party’s demands for payment of vacation pay, as well as penalties for late payments.

How to file a complaint with the labor inspectorate?

If vacation pay is not paid, the employee can file a complaint with the labor inspectorate. The text of the document must include the following information:

• name of the department;
• information about the applicant (full name, contacts, address);
• employer's name and address;
• information about the employment contract;
• amount of vacation pay;
• payment delay period;
• please check;
• list of applications;
• date and signature.

The complaint must be accompanied by an employment contract, a leave order, an extract from the personal account, and other evidence.

Documents are submitted in person through the labor inspectorate office. If the applicant is unable to visit the office, he has the right to use the assistance of a representative or send documents by mail.

If you need assistance in preparing documents for the labor inspection, we recommend contacting a qualified lawyer.

Does the employer not pay vacation pay - Lawyers

The employee can use it to contact the labor inspectorate.

• Write a statement of claim, identifying where there is a violation of legislative norms, and provide a link to the current legislative material on this issue. When drawing up a claim, indicate Art. 124 of the Labor Code of the Russian Federation, according to which vacation funds must be paid to the employee.
• Where to contact? An employee can apply for protection of his rights to the labor inspectorate. This control body has the right to apply sanctions against an unscrupulous employer. In most cases, it is enough to threaten him with contacting the labor inspectorate, and the funds are magically transferred to the employee’s account. As for the statement of claim, it must be filed in court. Moreover, you can contact it if the manager draws up a written refusal to postpone the vacation to another time.

No, the employer does not have such a right and is obliged to pay wages on the day established by the employment contract. Is it legal to pay vacation pay several months after a vacation? That's why he's a GIVER to do whatever he wants. Maybe. It can and should, if during the inspection it is discovered that you did not take your vacation on time, a large fine will be imposed on the employer.

Important

Does the employer have the right to divide annual paid leave into parts without the employee’s consent? It does not have, but it shares. And there's nothing you can do about it. “If you’re not satisfied, look for another job” is a standard employer phrase.

Elena Viktorovna, does the employer have the right not to pay vacation pay? Can an employer refer to the fact that he does not know about his employee’s vacation? Can not. There is a vacation schedule for this. Only with the consent of the employee.

Actions in case of late payment of vacation pay

Code of Administrative Offences;

• bringing to material and labor liability;
• transfer of leave upon request of the employee.

If, during an inspection, GIT employees discover violations by the employer in relation to its employees, this threatens the management, accounting and personnel departments with fines, removal from official duties and even suspension (full or partial) of the enterprise’s activities. According to Art. 124 of the Labor Code of the Russian Federation, the employer is obliged to postpone vacation at the request of the employee if he does not have the opportunity to pay vacation pay on time.

Attention

In this case, the postponement of the vacation itself is not discussed; only the start date of the vacation and payment of the required amounts are agreed upon. Otherwise, the employer will have to pay monetary compensation in the amount of 1/300 of the Central Bank refinancing rate for each day of delay.

Failure to pay vacation pay on time

Area of ​​interest: labor law, judicial practice in labor disputes. I specialize in the field of labor law and social security.

I have over 15 years of experience in the field of labor law; in my professional activities I have constantly encountered the protection of the rights of both employees and employers. Therefore, I can tell you about the most important labor rights, which...

Services provided: Legal consultations, paid consultations by agreement.

Contacts: Email: Phones: 89293766529 Education: Educational institution in Rubtsovsk. Rubtsovsky Industrial Institute Faculty of Law Specialty - lawyer Form of study - correspondence Status - legal adviser The employer refuses to pay vacation pay, what to do? “My Law” is a legal portal that provides a free online legal consultation service.

At what time and in what amount should vacation pay be accrued? According to labor law, you are required to accrue vacation pay no later than three calendar days before your vacation begins! Moreover, remember that this rule applies only to vacation payments. It does not apply to wages.

Wages must be paid within the deadlines established by labor and, in some enterprises, by collective agreements. So, if three days before the start of your long-awaited vacation you have not received your vacation money, you have the right to transfer your vacation to another time that you choose.

How to file a complaint to the prosecutor's office?

A complaint to the prosecutor's office is prepared in a similar way. The document must indicate:

• name of the prosecutor's office;
• information about the applicant (full name, address, contacts);
• information about the place of employment (name of organization, address);
• information about the employment contract;
• delay period and amount of debt;
• requirement to conduct an inspection;
• date and signature.

The application must be accompanied by documents from the employer regarding leave, salary slips, and other documents.

After the documents are accepted, a check is carried out. The event is given 30 days. Based on the results, a response is sent to the applicant about the measures taken.

Labor Code

The main document regulating the relationship between employee and employer is the Labor Code.

In case of delay in vacation pay, the Labor Code of 2021 provides for the same liability as in the case of wages. The only thing is that in case of late payment of wages, in addition to financial sanctions, the employee is given the right not to go to work after 15 days from the date of delay. It is clear that this norm has nothing to do with vacations.

As for financial liability for violating the terms of payment of vacation pay, it is spelled out in Art. 236 Labor Code of the Russian Federation.

And it is precisely in this article that the legislator stipulated that the obligation to pay such compensation arises regardless of the employer’s fault. This rule is used to guide the demand for payment of sanctions for delay, as in the case described above, when the employee goes on vacation the day after the application.

We can only hope for the employee’s decency and understanding that the employer agreed to the meeting by releasing the employee outside the vacation schedule.

How to file a claim in court?

The employee may demand from the employer payment of vacation pay and compensation for late payment. A claim is sent to the employer with a request to make a payment. If funds are not received into the account, the employee has the right to file a lawsuit.

The text of the claim must include the following information:

• name of the court;
• information about the parties to the dispute;
• information about the employment contract;
• payment amount and delay period;
• calculation of interest for late payment;
• demand to collect debt and penalties;
• list of applications;
• date and signature.

The claim must be accompanied by supporting documentation and an estimate of the amount of recovery.

The calculation of the penalty will be as follows:

Step-by-step compensation process

You can demand compensation from your employer for delayed vacation pay in one of the following ways:

1. Agree with the employer;
2. Contact the state labor inspectorate;
3. Go to court.

But first, you can still try to come to an agreement with the employer. In order to receive compensation, a written application is not required. Try to negotiate verbally. Read also the article: → “Applying for a second maternity leave without leaving the first.”

Let us define the following procedure:

1. Familiarize yourself with the dates of payment of vacation pay and other benefits established by the organization and by law. According to Article 136 of the Labor Code of the Russian Federation, vacation pay must be paid on time, namely no later than 3 days before the start of the vacation. And if this day coincides with a weekend, then the payment is made the day before. Based on Law No. 255-FZ of 2006, maternity benefits, as well as child care benefits, are assigned within a 10-day period, meaning calendar days. And the payment is made after the benefits are assigned on the next payday.
2. Carry out your own calculation of compensation by comparing the date of payment according to the law and the period of delay.
3. Claim payment from your employer. Often the delay in the payment of vacation pay and benefits occurs not through the fault of the employer, but due to the difficult financial situation in the company. This fact, of course, is not a reason for delay; you still need to try to come to an agreement. Many organizations provide for payments in larger amounts than required by law. And perhaps you decide to meet your employer halfway.
4. Contact your employer with a written request. You can submit it in one of the following ways:

• either through the HR department or through the secretariat, and be sure to mark the receipt of the application;
• or by registered mail with an inventory and return receipt requested;
• using the services of a courier service;
• by fax or by email.

Assistance from a lawyer regarding the collection of vacation pay

To guarantee the use of your labor rights, you must enter into an agreement with your employer. Only in this case can the employee demand fulfillment of vacation pay obligations.

Otherwise, it will not be possible to collect the debt. If the employer refuses to transfer due payments, we recommend using the services of an experienced lawyer.

You can get a free consultation on our website. Contact our lawyers right now!

The Constitution and the Labor Code (LC) of the Russian Federation provide for the right of every employee to rest. It is worth noting that at this time not only his job is preserved, but also his earnings. Failure to pay vacation pay is a gross violation of the law. It is important to know the timing of settlements and what to do if the payment is not made on time.

• 1 Deadlines for payment of vacation pay
• 2 What to do if there is a delay or non-payment?
• 3 Where to go? 3.1 Labor inspection
• 3.2 Prosecutor's office
• 3.3 Court

Example of compensation calculation

Let's look at compensation using the previous example, if vacation pay was transferred on 07/02/2021, that is, the delay was 3 days.

The amount of compensation for 3 days of delay will be:

K = SV * 7.25% * 1/150 * D = 12741.82 * 7.25% * 1/150 * 3 = 18.48 rub.

Each day of delay in transferring vacation pay will be reimbursed in the amount of 6.16 rubles.

There is no need to withhold personal income tax from this compensation, since it is calculated on the basic share provided by law.

Administrative responsibility for delays in vacation pay

For delay or partial payment of vacation pay on time, liability is regulated by Art. 5.27 of the Code of Administrative Offenses of the Russian Federation in the presence of guilt (that is, it was possible to comply with the law) in the form of a warning, as well as penalties , the amount of which is:

Important! If a violation is detected by a legal entity and the directly guilty official, an administrative fine may be imposed on both the official and the organization.

An inspection of the State Tax Inspectorate, which reveals a delay in the payment of vacation pay, may apply administrative penalties. If, nevertheless, there is a delay in the payment of vacation pay, the employer is obliged to pay compensation without an additional reminder, which can serve as a substitute for a fine with a warning (the State Tax Inspectorate does not prescribe the payment of compensation). The reasons for the delay in payments are not grounds for it (revocation of the bank’s license, untimely transfers by the treasury, etc.)

Criminal liability for delay in vacation pay

Criminal liability for delay in vacation pay ( Article 145.1 of the Criminal Code of the Russian Federation ) (as well as administrative liability) can only occur if there is proven guilt (self-interest, personal gain, etc.).

The Criminal Code of the Russian Federation provides for the following types of punishment:

• fine in a fixed amount or in the amount of any income of the convicted person for up to 1 year
• loss of the right to hold positions (up to 1 year)
• forced labor (up to 2 years)
• imprisonment (up to 1 year)

Violation of the deadline for payment of vacation pay due to the fault of the employee

For some categories of employees, the employer has an obligation to provide vacation at a time convenient for them. These include: pregnant women, minors, donors, etc. These persons can write an application for leave the next day, and in this case there is a deliberate delay in payments. But the justification for removing liability will be the date the employee’s statement was written.

Deadlines for payment of vacation pay

The payment terms are established in accordance with Art. 136 Labor Code of the Russian Federation. Minimum - 3 days before going on vacation; recalculation can be performed if these days fall on holidays or weekends.

Expert opinion

Semenov Alexander Vladimirovich

Legal consultant with 10 years of experience. Specializes in the field of civil law. Member of the Bar Association.

As a rule, organizations try to make vacation pay payments much earlier than the minimum permissible period in order to avoid delays, and this is not a violation of the law, while late payment is unacceptable.

Do not forget that the delay may be caused by a malfunction in the bank or other circumstances beyond the control of the employer. For example, the work of banks is often suspended on holidays and weekends, so the payment will only go through in a few days.

However, the company representative will still be to blame for this, because he should have taken into account the work schedule and made the payment at least 3 days before the employee went on vacation.

An unscrupulous employer often refers to ignorance that the person is going on vacation. The schedule is approved by him 2 weeks before the new billing period. Payment of vacation pay is the same responsibility as payment of wages. Delay is considered a violation, but not all employees, unfortunately, know their rights.

When is the payment made?

The timing and procedure for the payment of vacation funds is regulated by the Labor Code (Article 136). And the obligation to pay for this period is enshrined in article numbers 114 and 115.

According to the specified legislative norms, payments are accrued and paid three days before going on vacation. If these days are holidays or weekends, all necessary calculations and payments must be completed the day before.

That is, the law allows for early payment, and delays (late payments) in this case are prohibited.

What to do if there is a delay or non-payment?

It is recommended to contact the manager directly, demanding payment in order to resolve the situation without the help of third parties. In the case where there is a vacation package, but it is impossible to go on a trip due to lack of funds (due to delays in vacation pay), the employee has the right to hold his superiors accountable.

Sometimes the employer resorts to tricks and asks to write a statement confirming consent to the delay. It is undesirable to sign such documents, otherwise there is a risk of being left without vacation pay for a long time. Such a statement gives the violator the opportunity to delay payment for several weeks or even months.

If management explains that a payment is late due to lack of funds, this is also illegal and is not regarded as a valid reason.

When are vacation pay paid?

There are fixed deadlines for paying vacation pay to employees, regardless of the circumstances. According to the one hundred thirty-sixth article of the Labor Code, monetary compensation for paid leave must be provided to the employee no later than three days before he goes on vacation. At the same time, if desired, management can transfer funds to the employee’s account earlier. The deadline of three days is the deadline - failure to comply will entail preventive measures that will be directed at management.

Vacation pay must be paid to the employee no later than three days before the start of the actual vacation

It should be borne in mind that there are also non-standard cases that may raise questions among accountants. Such exceptional circumstances include the following:

• Sometimes the day the salary is credited and the day the vacation pay is transferred coincide. This circumstance is not a reason to postpone any of these procedures;
• since the day of transfer of funds may coincide with one of the weekends or public holidays, the employer must take into account such developments in advance and pay the employee vacation pay in advance;
• It also happens that an employee decides to go on paid leave during difficult financial times for the organization. Under such circumstances, in order to avoid infringement of the employee’s rights, management has the right to use the help of the Social Insurance Fund, which will reimburse most of the leave. However, payment for the first few days must still be made by the organization.

Employers pay employees financial compensation for unused vacation.

In rare cases, employees ignore their right to annual paid leave and continue to work without any time off. When working with such people, management must remember that unused vacation involves paying the employee a cash equivalent equal to hypothetical vacation pay.

If vacation pay has not been paid

What should an employee do if the employer neglected his direct responsibilities and did not pay vacation pay on time? There are several ways to solve this problem, and the most important thing that an employee can do in a critical situation is not to get confused.

In case of non-payment or delay of vacation pay, the employee has the right to appeal to the labor inspectorate or court

You can try to achieve justice on several levels:

• within the organization in which the citizen works. First of all, most employees strive to resolve the conflict without involving additional parties, which is logical. In order to resolve the issue of non-payment, the citizen sends a statement (written in free form) addressed to management and reminding them of unpaid vacation pay;
• with the help of the labor inspectorate, which protects the rights of employees and carries out both scheduled and unscheduled inspections of organizations against which complaints have been received. In order to attract the attention of the labor inspectorate, the employee will also have to write a statement outlining complaints against management;

  

  Complaint to the head of the labor inspectorate

• if the two previous methods are ineffective, the court remains, which also considers claims against employers whose actions grossly violate the provisions of the Labor Code of the Russian Federation.

What awaits an employer who breaks the law?

The penalties that will be used against management may vary depending on the context. Such measures include:

• payment of a penalty (is a mandatory item under any circumstances);
• payment of fines;
• arrest of management and subsequent imprisonment for a specified period.

In most cases, late payment of vacation pay leads to punishment in the form of a fine.

An employee should be aware that by violating the official deadlines for paying vacation pay, the employer is obliged not only to reimburse their previous amount, but also to pay a certain percentage for their “forgetfulness.” An employee can count on compensation starting from 1/300 of the refinancing rate. It should also be taken into account that the new amount is calculated for each day that occurred after the delay in payment of vacation pay.

Otherwise, the amount of compensation is determined by the specifics of the concluded Employment Contract and other regulations that apply in a particular organization.

Reference. In some cases, the employer has the full right to withhold vacation pay for used vacation. However, even under such circumstances, there are a number of prohibitions that management cannot ignore. Below we will talk about situations in which vacation pay is not withheld.

Vacation pay withholding

Amounts of fines

As a rule, most late payments threaten employers with fines, which lead to even greater losses (compared to the amount of vacation pay). In this regard, management strives to avoid such situations and monitors payments made. The size of the fines depends on the severity of the offense:

• for untimely notification (or lack thereof) that the employee will soon begin vacation, as well as for late payment of vacation pay, the legislation provides for a more lenient punishment;
• For fundamental refusal or evasion of payment of vacation pay, preventive measures are tightened.

The size of the fine depends on the type of organization in which the citizen works.

In the event that vacation pay was delayed but ultimately paid, management may face the following negative consequences:

• officials: issuing a warning or paying a fine, the maximum amount of which will be five thousand rubles;
• individual entrepreneurs: fine from one to five thousand rubles;
• limited liability company (LLC): a fine ranging from thirty to fifty thousand rubles.

The law is most strict in relation to individual entrepreneurs and non-governmental organizations, since in addition to fines, it can limit the period of their work. Thus, entrepreneurs may be prohibited from carrying out any labor activity for up to three months, which can have a significant negative impact on management’s income.

The highest fines await the management of LLCs, as well as individual entrepreneurs

If the situation with delayed payments repeats again, the organization will have to come to terms with the fact that it will be prohibited from functioning for three years or completely liquidated, disqualified as a legal entity.

When it comes to the refusal of superiors (for unknown reasons) to pay vacation pay, the legislation provides for criminal liability for this offense. These preventive measures come into force when management ignores the employee’s requests to deduct funds within two months:

• a fine, the amount of which can reach 500,000 rubles;
• a fine, the amount of which is equal to management’s salary for a three-year period;
• imprisonment of the offender for a term of up to three years.

In case of the most serious violations of the Labor Code, management may be arrested

It also happens that the employer does not pay monetary compensation for vacation in full. In such situations, legislation comes to the aid of the employee if management does not transfer the missing part of the amount in the next three months. The responsibility for such an offense is quite large - the law obliges management to pay compensation to the employee in the amount of 120,000 rubles, or give him the entire annual salary at a time.

Where to contact?

If it was not possible to resolve the conflict peacefully, it is recommended to resort to the help of various authorities. Many people don’t know where to turn if they don’t pay their holiday pay. There are many options: from trade unions and labor inspectorates to the prosecutor's office and judicial authorities. As a rule, most often they turn to the labor inspectorate or the prosecutor's office.

Labour Inspectorate

The Labor Code of the Russian Federation (Chapter 57) specifies the operating procedure of the labor inspectorate, which is necessary to protect the rights of an employee from various violations. As practice shows, contacting this body brings excellent results.

Often, the inspectorate imposes strict sanctions and also goes to court to close the enterprise or suspend its activities due to many violations.

Any employee who has been denied vacation pay (as well as for other reasons) has the right to submit an application to the labor inspectorate.

The application is written in free form, there are no rules, but it is advisable to indicate the following information:

• from whom is the statement;
• information about the employer;
• position in the company and salary;
• duration of payment delay;
• vacation pay amount.

When indicating who the application is from, you should write your full name, personal address and contact phone number. The same applies to information about management: last name, first name and patronymic, position (as a rule, the application is submitted to the director), exact address of the organization and telephone number. You can always find a freely available sample application.

Prosecutor's office

After contacting the labor inspectorate, the employer is obliged to comply with the instructions of the government body. If this does not happen, then the company official should be called to account through the prosecutor's office. It is advisable to fill out the application according to the sample so as not to miss important details.

It is permissible to immediately seek help from the court after filing an application with the labor inspectorate. However, this is given only 3 months from the moment the violation is detected; in some cases, the period is increased if there are certain reasons.

An important point is that an employee who has submitted an application with a request to resolve a dispute is not required to pay a state fee. Unlike the labor inspectorate, judicial authorities require compliance with many rules when drawing up an application.

Even the slightest mistake or correction can cause the document to be rejected. If writing it yourself is problematic, it is better to seek help from a specialist. The application indicates not only the information of the employee and representative of the organization, but also the terms of the employment contract.

It must contain information about documents that confirm the delay in payment, the amount of compensation (funds for moral damage, especially if the trip is ruined). It is necessary to describe in the application the actions taken before applying to the judicial authorities.

The general rule enshrined in labor legislation requires the employer to pay all amounts due to him on the last day of dismissal of an employee. Such payments include, among other things, compensation for unused vacation.

In this article, we will dwell in more detail on the employer’s obligation to pay compensation, cases when such compensation is not paid, as well as what an employee should do if his rights are violated.

Procedure

Since it is impossible to provide for the degree of liability of the employer if vacation pay is not paid, what to do is determined based on previously studied circumstances. A sequence of steps that will help restore justice and hold management accountable:

1. Negotiations with the manager and decision-making on postponing vacation.
2. If the administration refused to pay the funds before the start of the vacation period, the right to claim vacation pay continues after the end of the vacation.
3. The labor inspectorate is the first point of contact for anyone affected by violations of labor laws. A complaint is drawn up describing the situation and indicating the deadlines that were not met.
4. Most claims are withdrawn already at the stage of verification by the labor supervisory authority. If management ignores the instructions of a government body, the employee will have to hold the organization’s officials accountable by going to court and the prosecutor’s office.
5. In the text of the claim, the employee describes the situation and points out the violation, referring to the provisions of Art. 124 Labor Code of the Russian Federation. The court hearing is held within 1 month from the date of acceptance of the plaintiff’s appeal. The writ of execution is received after the period for challenging has expired and the court decision has entered into force.
6. An employer whose actions the court finds to be a violation of the rights and interests of employees will receive a court order to force the repayment of debt for the vacation period.

No special measures are required to prepare a claim, and the document itself is drawn up taking into account the general parameters of the Code of Civil Procedure of the Russian Federation. The court obviously adheres to the injured party in the labor relationship, so the chances of making a decision to satisfy the legal requirements are very high.

If the administration continues to persist, citing a lack of money and difficulties with financing, the bailiffs responsible for the execution of the court order will become involved in the issue, including through the forced sale of property and the seizure of company accounts.

Such powers force managers to be more attentive to their responsibilities, because the consequences of the payment of vacation pay being disrupted due to the employer’s fault threaten much greater problems, including the seizure of accounts. It is easier for a company to pay out funds than to deal with judicial authorities and the prosecutor’s office.

To be able to go to court, you will have to go through a mandatory pre-trial settlement procedure, warning management of your intention to demand money in court.

Additionally, the injured vacationer has the right to write a statement to the prosecutor’s office with a request to investigate the fact of the complaint.

The consequences of non-compliance for the employer itself are too serious compared to the amount underpaid. For this reason, if there are no objective circumstances under which the company becomes bankrupt, most of the claims are dropped even before the person goes to court.

Can vacation pay be not accrued to a resigning employee?

In case of dismissal for any reason provided for by labor legislation, the employer is obliged to make a final settlement with the employee (Article 140 of the Labor Code of the Russian Federation). In addition to the salary for the time worked, the calculation includes compensation for vacation days not used at the time of termination of the employment agreement.

Labor Code of the Russian Federation Article 140. Calculation terms upon dismissal

Upon termination of the employment contract, payment of all amounts due to the employee from the employer is made on the day the employee is dismissed. If the employee did not work on the day of dismissal, then the corresponding amounts must be paid no later than the next day after the dismissed employee submits a request for payment.

In the event of a dispute about the amount of amounts due to the employee upon dismissal, the employer is obliged to pay the amount not disputed by him within the period specified in this article.

The only exception to this rule is the situation when, at the time of dismissal, the employee has no remaining unused rest days. For example, if he takes another vacation right before his dismissal.

Answers to common questions

Question No. 1 : Will there be financial liability if the delay in vacation pay occurs due to the revocation of the bank’s license?

Answer : All responsibility for employee benefits lies with the employer. Therefore, in case of late payments, in addition to the payment amounts, it is also necessary to calculate compensation for the delay. Also, workers have the right, if there is a delay of more than 15 days, to suspend work and demand compensation for moral damage. Therefore, it is advisable for an organization to provide for this option and make payments to employees on a timely basis.

Question No. 2 : When must compensation be paid for unused vacation upon dismissal of an employee?

Answer : If an employee is dismissed, all payments can be made on the last day of work. Compensation for vacation not taken off (all accumulated days for the entire period of work) in this case does not apply to vacation pay.

What to do if the employer does not pay the required funds?

If, on the date of termination of the parties’ employment relationship, the employee has days of unused vacation, the employer is obliged to:

• provide the employee with vacation with payment of vacation pay and subsequent dismissal at the end of the vacation;
• pay compensation for the remaining days.

If the employer does not fulfill these obligations, starting from the day of dismissal, the employee can file a complaint with the labor dispute commission, the labor inspectorate, or immediately go to court.

Where to go?

Expert opinion

Semenov Alexander Vladimirovich

Legal consultant with 10 years of experience. Specializes in the field of civil law. Member of the Bar Association.

It is necessary to understand that despite the fact that the employee is no longer in an employment relationship with the employer, the disagreements that have arisen between them relate to individual labor disputes (Article 381 of the Labor Code of the Russian Federation).

The legislator provides various options for resolving individual labor disputes. List of places where an employee can go if vacation pay has not been received:

• with a statement of violations to the labor dispute commission, if there is one at the enterprise;
• with a statement of violations by the employer to the State Labor Inspectorate of your region;
• with a statement of claim to the judicial authorities.

Deadlines for applying for protection of your rights

To resolve an individual labor dispute that has arisen between a former employee and an employer related to non-payment of compensation for unused vacation upon dismissal, a person can contact the labor dispute commission.

The legislator has established a three-month period for such treatment, which begins from the moment the employee learned or should have learned that his rights were being violated. In this case, the period begins to be calculated from the day following the day of dismissal (Article 386 of the Labor Code of the Russian Federation).

Labor Code of the Russian Federation Article 386. Deadline for applying to the labor dispute commission

An employee may appeal to the labor dispute commission within three months from the day he learned or should have learned about a violation of his rights. If the established deadline is missed for valid reasons, the labor dispute commission may restore it and resolve the dispute on the merits.

There are no deadlines for filing an application with the State Labor Inspectorate at the legislative level, but it is in the interests of the employee to do this as early as possible. The labor inspectorate is obliged to consider the application within 30 days from the date of its receipt, and, if the facts stated in the application are confirmed, bring the employer to administrative responsibility.

Article 392 of the Labor Code of the Russian Federation gives the employee the right to go to court with claims for the collection of amounts unpaid upon dismissal within 1 year from the date of termination of the employment relationship.

Required documents

A former employee who decides to apply to the judicial authorities to claim compensation for unused vacation must provide the following documents:

• a copy of the employment contract;
• a copy of the dismissal order;
• a copy of the work book with a record of hiring and dismissal;
• salary certificate;
• documents confirming the settlement made upon termination of the parties’ legal relationship;
• calculation of the amount of compensation for vacation that has not been paid;
• a copy of the statement of claim for the defendant.

It is also advisable to collect documents confirming when the employee was paid wages and when vacation pay was paid. For example, these could be preserved payslips. You can bring a 2-NDFL certificate and obtain the testimony of colleagues.

Similar documents should be submitted when applying to the Labor Inspectorate.

The employer will have to prove that the employee was actually on vacation. To do this, he will need to present to the court:

• leave orders signed by the employee;
• documents confirming payment of vacation pay.

If in fact there are no such documents, it will be difficult for the employer to prove his case.

Employer's liability for refusal to pay compensation

If the employer does not pay the employee compensation for delayed wages, he faces a fine (Part 6, Article 5.27 of the Code of Administrative Offenses of the Russian Federation):

from 30,000 rub. up to 50,000 rub. – for the organization;

This is also important to know:
Liability for delayed payment of wages

from 10,000 rub. up to 20,000 rub. – for officials of the organization;

from 1000 rub. up to 5000 rub. – for individual entrepreneurs.

Criminal liability

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A manager who has violated his obligations to pay vacation pay to an employee may be subject to criminal prosecution under clause 1 of Article 145.1 of the Criminal Code of the Russian Federation if payments are partially delayed by more than 3 months:

• fine up to 120,000 rubles. or the offender’s annual earnings;
• prohibition from holding a leadership position for 1 year;
• compulsory work (up to 2 years);
• imprisonment for 1 year.

Complete non-payment of vacation pay for more than 2 months (clause 2 of Article 145.1 of the Criminal Code of the Russian Federation) threatens the head of the enterprise with a fine in the amount of 100,000-500,000 rubles. or his income for 1-3 years, compulsory work (with a possible ban on holding a leadership position) or imprisonment for up to 3 years.

Administrative and criminal penalties can be combined. The manager may first receive an administrative fine for the delay, and if payment is not made after 2 months, criminal prosecution

Amounts of fines for late payment

Penalties for delaying vacation pay:

• for officials - up to 5 thousand rubles;
• for individuals who are individual entrepreneurs - 1-5 thousand rubles;

In case of repeated violations, the amount of fines increases, and other penalties are applied to officials and organizations - removal from office for 1-3 years and temporary or complete suspension of activities, respectively.

Criminal liability, according to Article 145 of the Criminal Code, can be a fine of 120 thousand rubles. or imprisonment for up to three years.

In what cases is compensation not paid?

The employer has the right not to pay vacation compensation to a resigning employee only if he has no unused vacation days.

That is, if by the time the legal relationship between the parties ends, the employee was granted leave for the year in which the dismissal occurred, he does not have the right to compensation. Moreover, if an employee took all the vacation days due to him for the year, but did not work it out to the end, he will have to return a proportional part of his vacation pay to the employer.

Upon dismissal for a number of reasons (for example, by agreement of the parties, at his own request), the employee has the right to demand that the employer provide him with leave followed by dismissal (Part 2 of Article 127 of the Labor Code of the Russian Federation). In this case, the resigning person will be paid vacation pay, but he will not have any unused days of rest - and the employee will not receive the right to compensation.

We invite you to learn more about the payment of vacation pay upon dismissal of your own free will.

Example of vacation pay calculation

Employee Andreev V.A. wrote an application for leave from 07/02/2021 to 07/15/2021.

During the previous 12 months, he had not been on vacation, on sick leave, or on a business trip. The monthly salary is 20,000 rubles, the quarterly bonus based on work results is in the amount of the salary.

Salary 12 months = 20,000 * 12 + 20,000 * 4 = 320,000 rub.

Salary avg = 320000 / 12 / 29.3 = 910.13

Vacation pay will be: 910.13 * 14 = 12741.82 rubles.

This amount must be transferred to the employee 3 days before the vacation date, that is, before 06/29/2021.

Financial liability for delayed vacation pay

This type of liability is provided for by the Labor Code of the Russian Federation and involves monetary compensation to the employee for each day of delay.

Compensation calculation is calculated using the formula:

K = SV * 7.25% * 1/150 * D,

Where:

K – compensation for delay in vacation pay;

SV – payment amount (which is delayed, since in some cases part of the vacation pay may be transferred);

7.25% – key interest rate (Central Bank Information dated March 23, 2021);

1/150 – share of the key rate (Article 236 of the Labor Code of the Russian Federation), which can be established by local acts higher than that stipulated in the Labor Code of the Russian Federation

D – number of days of delay.

Moreover, such compensation cannot be subject to personal income tax (Article 217 of the Tax Code of the Russian Federation) within the limits established by the Labor Code of the Russian Federation, that is, if local acts provide for increased compensation, then the share of compensation exceeding 1/150 of the key rate will be subject to personal income tax.

What happens to the employer after a violation?

Failure by the employer to fulfill the obligation to pay compensation to the employee for unused vacation is a violation of labor legislation and entails:

• bringing to administrative responsibility under Article 5.27 of the Code of Administrative Offenses of the Russian Federation;
• collection of debt from an employer to a former employee if the employee goes to court.

If the claims are satisfied, the court will oblige the employer to pay, in addition to the amounts due, interest for each day of delay in the amount of 1/150 of the key rate of the Bank of Russia (Article 236 of the Labor Code of the Russian Federation).

Interest is accrued from the day following the day of termination of legal relations between the parties until the day when the employer pays the former employee in full.

Expert opinion

Semenov Alexander Vladimirovich

Legal consultant with 10 years of experience. Specializes in the field of civil law. Member of the Bar Association.

In addition, the employee has the right to file a claim for compensation for moral damage associated with the untimely payment of amounts due to him.

The sanction of this article provides for punishment in the form of:

• warnings;
• an administrative fine, the amount of which depends on who exactly will be subject to administrative punishment.

The fine amounts are set as follows:

• officials will have to pay from 10 thousand rubles to 20 thousand rubles;
• individual entrepreneurs - from 1 thousand rubles to 5 thousand rubles;
• for legal entities - from 30 thousand rubles to 50 thousand rubles.

Bringing to administrative liability and paying an administrative fine does not relieve the employer from paying the former employee compensation for unused rest days. You can find more information about compensation for late payments upon dismissal here.

So, in the event of dismissal, the employer is obliged to compensate the employee for days of unused vacation or, at his request, provide vacation with subsequent dismissal. Failure by the employer to fulfill the obligation to make final payments to the resigning person entails a fine and the obligation to pay the debt to the employee.

If vacation is granted, the employer is obliged to provide the employee with appropriate payments - vacation pay. This obligation is regulated by Articles 114 and 115 of the Labor Code of the Russian Federation.

The accrual period is no later than 3 days before the start of the holiday. If this rule is violated, the employee has the right to complain about non-compliance with Labor Legislation.

1. What to do if they don’t pay on time according to the Labor Code of the Russian Federation?
2. Where can I complain if payment is not made on time?
3. Contacting the labor inspectorate
4. Application to court
5. Consequences and responsibilities for the employer
6. Amounts of fines for late payment in 2021
7. Calculation of compensation for delay
8. Example
9. Useful video
10. conclusions

What does an employer risk by not paying vacation pay on time?

For the employer, such a violation threatens with a serious fine and payment of monetary compensation. In this case, it does not matter at all why such a delay occurred.

Violation by the employer is punishable by a fine

Even if such a situation arose through the fault of the bank, the responsibility will still be assigned to the enterprise. Realizing this, many companies try to issue money ahead of schedule. This is not prohibited by law.

The document on the basis of which a fine for a violation is collected is the Code of Administrative Offenses of the Russian Federation. According to Article 5.27, an enterprise is fined for evading timely payment of vacation pay.

It is important for companies to take into account all holidays and weekends when accruing funds. If the employee wrote the application on a Monday, it is better to submit an application to the bank for the transfer of funds on Wednesday.

According to the law, the employer cannot refer to various objective situations that caused the non-payment of money. Lack of funds in the budget, sick leave of the chief accountant, technical problems in the bank - all this does not matter and entails responsibility.

It is important to understand here that vacation pay is paid by the company not from the main budget, but from an additional one. Monthly deductions from wages are made to this fund.

The payment is not made from the personal wage

It is also prohibited by law to issue vacation pay in installments. That is, the entire amount is calculated exactly for the number of days specified in the application and is issued immediately, at least 3 days before its actual occurrence.

What to do if they don’t pay on time according to the Labor Code of the Russian Federation?

In case of untimely accrual or complete non-payment of vacation pay, the working citizen may demand that the employer postpone the vacation.

It should be noted that this option is not always feasible. Often people purchase resort tickets in advance or plan their vacation in other ways. In this case, rescheduling the day off will be inconvenient for the employee.

In some cases, the employer invites the employee to draw up a statement that acts as an agreement with the delay. It is not recommended to create such a document.

To promptly resolve the situation that has arisen, if it is impossible to reschedule vacation, a citizen can contact the company management to demand timely payment of vacation pay.

What to do if the employer does not pay vacation pay, and a trip was planned in advance, due to which the rescheduling of the vacation cannot be completed in a timely manner? The employee has the right to hold the employer accountable upon returning to work.

It is important to consider that management cannot refuse payment and allow delays due to lack of funding.

The current Labor Legislation determines that such a circumstance is not a reason for refusing to accrue vacation pay.

What to do if, after a conversation with the manager, it was not possible to reach a compromise and resolve this problem peacefully?

There is only one solution - the citizen should seek help from specialized organizations.

Where can I complain if payment is not made on time?

If the rights of a working citizen are violated in the event of a delay in the payment of vacation pay, the latter may file a complaint with the following authorities:

• an inspectorate responsible for protecting the rights of workers;
• trade union organization;
• prosecutor's office;
• commission for resolving labor conflicts;
• court.

Trade unions and commissions are not widespread on the territory of the Russian Federation, although the activities of these organizations are not aimed at directly protecting the rights of officially working citizens.

In practice, most often people complain to the labor inspectorate or judicial authorities.

Contacting the labor inspectorate

The operating procedure of the Labor Inspectorate is regulated by Chapter 57 of the Labor Code of the Russian Federation. The main direction of its activity is the protection of workers' rights from violations arising from the employer.

Contacting this body is considered a fairly effective method of solving the problem of non-payment of vacation benefits on time. The powers of the inspection staff are quite extensive.

In case of particularly serious violations, they turn to the judicial authorities with the aim of liquidating the enterprise or imposing other strict sanctions.

A statement of complaint addressed to specialists of the Labor Inspectorate is written in free form, because there is no unified form for its preparation.

The application must include the following information:

• the period of delay of vacation pay;
• amount due for payment;
• information about the employer.

statements to the State Tax Inspectorate that vacation payments are being delayed - word:

Application to court

At the same time, the employee can immediately complain to the court about the delay and untimely payment of vacation pay by filing an application. This must be done no later than 3 months after the discovery of a violation in the form of non-payment.

The specified period may be extended if there are objective reasons.

It should also be noted that if a citizen submits an application that includes a request to resolve a labor dispute, he is not required to pay the state fee.

Expert opinion

Semenov Alexander Vladimirovich

Legal consultant with 10 years of experience. Specializes in the field of civil law. Member of the Bar Association.

When contacting the judicial authorities, as in the previous case, it is necessary to prepare an application. Its compilation is a rather complex process.

For a competent presentation of the situation, it is best to contact specialists. The presence of even minimal defects can lead to non-acceptance of documents.

The application must include the following information:

• full name of the judicial authority;
• information about the employee who applied;
• information about the employer;
• a detailed description of the terms of the employment agreement under which vacation pay should be paid;
• amount of delay and length of rest time;
• the amount that the employee wishes to receive as compensation - for moral damage, etc.;
• a list of documentation attached to the application confirming the fact of delay in payment;
• desired form of action;
• information about actions taken before going to court;
• signature of the applicant and transcript;
• Date of preparation.

What should an employee do if the money does not arrive on time?

Employees have a question: what to do if they have not paid vacation pay before the start of the vacation? In this case, the first step is always to contact the company’s accounting department. The person concerned should investigate the reasons for the delay.
Perhaps the funds were transferred on time, but the employee himself has problems with his card, bank account, etc. In this case, there is no fault of the other party to the labor relationship and there can be no talk of penalties or claims. If the funds were sent to the wrong place by mistake, then the employee did not receive them due to the fault of the employer.

If the money was not paid at all, the employee has the right to file a complaint with the labor inspectorate or court. It all depends on the amount of the delay and management’s position regarding the transfer of funds. What to do if vacation pay is delayed?

It is advisable to try to resolve this issue before going on vacation. If the problem is resolved, then there is no need to start investigations and inspections. If management refuses to transfer money or greatly delays payment, the employee has the right to apply to the appropriate authorities to protect his interests.

The employee's procedure in the form of step-by-step instructions is as follows:

1. an attempt to resolve the issue peacefully. Sending a written request to the director or other responsible person regarding the absence or delay of vacation pay. The letter must be registered so that its existence can be proven;
2. receiving a written response or any explanation from the employer. If there is no action on his part, move on to the next step;
3. filing an application with the labor inspectorate or filing a lawsuit;
4. participation in the proceedings personally or through a representative;
5. receiving a court decision.

Expert opinion

Irina Vasilyeva

Civil law expert

The decision of the authorized bodies must be strictly implemented by the employer.

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Consequences and responsibilities for the employer

In case of delay in vacation payments, the employer who has violated the established rules of the Labor Code of the Russian Federation is held accountable by the relevant authorities. In most cases, the consequences are material.

If the delay is significant, liability may be criminal. The latter option is regulated by Article 145 of the Criminal Code of the Russian Federation. The amount of compensation that must ultimately be transferred to the employee (in addition to vacation pay) depends on the refinancing rate.

Thus, the consequences for the employer of late payment can be very dire - liability can be administrative, material and criminal in nature.

Amounts of fines for late payment in 2021

The fine amount that the company’s management pays as a result of legal or other types of proceedings for violating the deadlines for paying vacation pay depends on the type of activity carried out by the employer.

Thus, if an employer does not pay vacation pay on time, he may face administrative liability in the form of the following fines:

• for authorized officials - up to 5000 rubles;
• for individual entrepreneurs - from 1000 to 5000 rubles;

If the delay is repeated, the fines increase.

Calculation of compensation for delay

In addition to the established fine, the collection of which occurs on the initiative of the organization that resolved the labor dispute, the employer, in the event of non-payment of money for vacation, is obliged to pay compensation to the employee.

A special formula is used to calculate it.

It looks like this:

SC = OV x SR / 150 x KDZ.

• SK - the amount of compensation that the employee is entitled to if he has not been paid vacation pay;
• OV - vacation payments;
• SR - refinancing rate;
• KDZ - number of days of delay.

The formula is quite simple, so you can often determine the compensation amount yourself. Particular attention should be paid to the refinancing rate, which is in effect during the period of resolution of the labor conflict that has arisen.

Example

For a more detailed understanding of the topic, you should consider an example of calculating the amount of compensation.

The number of days of delay is 10.

It is important to take into account that from the 12th day of the specified month the refinancing rate reached 7.5%.

To calculate compensation for the delay in issuing vacation pay, you must substitute the available indicators into the formula indicated above. In the end it will look like this:

From this it follows that if there is a delay in payment of vacation pay, employee A.A. Lavrov in this case, he must receive monetary compensation from the employer, the amount of which is 2500 rubles. Its accrual must be carried out simultaneously with the payment of vacation pay.

Procedure for paying compensation for delayed vacation pay

The Labor Code of the Russian Federation, namely Article 236, states that if any payments are delayed, the employer must pay the worker compensation for each day of delay.

The amount of compensation for late payment of vacation payments is calculated as follows:

• The number of days of delay is determined. They are counted starting from the next day after vacation pay should have been paid and up to and including the day of their transfer.
• Determine the amount of vacation pay that was delayed.
• The current key rate at the time of compensation calculation is specified. For example, starting from March 2021 it is 7.25%.

The amount of compensation is determined by the formula:

Amount of delayed wages * 1/150 * refinancing rate * number of days of delay.

Delay in vacation pay

If the enterprise operates stably and has separate structures responsible for personnel issues and payroll, all the necessary norms of the Labor Code of the Russian Federation are strictly observed, but sometimes temporary difficulties arise with payments, which leads to a delay in compensation.

Expert opinion

Semenov Alexander Vladimirovich

Legal consultant with 10 years of experience. Specializes in the field of civil law. Member of the Bar Association.

The law allows you to cancel vacation at the employee’s discretion, postponing it to a later date, after agreeing on payment. However, such a measure is not always possible, especially if the future vacationer has already purchased tickets and planned the trip.

As a rule, when a vacation is planned in advance, the transfer is disadvantageous for both the employee and the employer, since it disrupts the schedule and plans of the parties.

In order to eliminate problems with vacationers, management invites them to personally write a document indicating the person’s agreement with some delay in payment. Since there are no guarantees of the integrity of the employer who allows delays in payments in favor of employees, the document opens up the opportunity for the violator to delay the moment for an indefinite period of time.

There are no restrictions on the duration of the right to hold the employer accountable. Therefore, if non-payment is allowed with the consent of management, it is not necessary to interrupt pre-planned trips, but return to the issue immediately after returning to work.

Neither the difficult financial situation nor the reluctance of the administration to continue cooperation with the employed employee gives the right to delays.

If the conversation with the manager was unsuccessful, then supervisory structures and authorities are involved in resolving the dispute, right up to the court.

The employer did not pay vacation pay

In any organization where there are employees, as a rule, vacations are provided. The right to vacation is regulated by the Labor Code of the Russian Federation and is the legal right of the employee. However, many people going on vacation have questions about when and how much vacation pay should be accrued and how to force the employer to pay it if he refuses to pay vacation pay.

In order to understand for what kind of vacation the employer needs to pay vacation pay, let’s first find out what vacation is and what types of it are provided for by law.

Know your rights, vacationer!

The questions are answered by the Deputy Head of the State Labor Inspectorate, Deputy Chief State Labor Inspector in the Perm Territory (for legal issues) Elena Kudrenko.

- It doesn’t. In accordance with Articles 114, 115 of the Labor Code of the Russian Federation, the organization is obliged to annually provide employees with paid vacations lasting 28 calendar days. And the Labor Code is mandatory for all employers of any form of ownership, including managers of private enterprises.

- Can not.

What to do if the employer does not pay vacation pay?

You know, first contact your employer and talk about who is in charge and makes all the decisions, don’t go and bow to the accounting department, it’s as if they’re giving you money out of their pocket, as if you’re asking them for a loan, don’t go to the personnel department , and contact the director of the organization.

Well, as a result, contact the labor inspectorate, and if necessary, go to court. By the way, now they don’t go to court on these issues, but go to the judge directly and he issues a court order, i.e.

How is vacation pay paid in 2015?

The holiday period is a welcome time for employees, but a huge headache for accounting. After all, a specialist needs to correctly calculate the amount, make timely transfers, and reflect vacation pay in accounting.

Vacation may have different purposes, some of which are paid, others are not. What is worth knowing about the concept itself? Let's figure out what types of vacations employed citizens can take.

Vacation is a period when an individual receives the right not to fulfill his work obligations for some time, that is, he may not go to work.

While an employee is on vacation, no one has the right to fire him.

When are vacation pay paid?

Are there any special deadlines for paying vacation pay? and if they exist, then to what extent they must be observed. If you are asking this question, this article is intended just for you.

The Labor Code stipulates that everyone officially employed has the right to annual calendar paid leave in the amount of twenty-eight calendar days. Simply put, this means that every employee of any organization can, provided they have worked fully eleven months, have the opportunity to take a break from their work.

The employer does not pay vacation pay

How long must an employer pay vacation pay after eleven months of work? I've been waiting for them for two weeks now. What can be done in such a situation?

How long must an employer pay vacation pay after eleven months of work? I've been waiting for them for two weeks now. What can be done in such a situation?

If an open-ended employment contract has been concluded with you, then the employer is obliged to pay the average salary during the labor leave no later than two days before the start of the leave (Article 176 of the Labor Code of the Republic of Belarus).

If an employment contract has been concluded with you, then the average salary for the entire vacation period is paid no later than one day before the start of the vacation (as established by Decree of the President of the Republic of Belarus dated July 26, 1999 N 29).

In your case, you must send complaints to the prosecutor's office at your place of residence, or to the labor protection department at your place of residence.

Vacation pay was not paid

In accordance with current labor legislation (Part 9 of Art.

136 of the Labor Code of the Russian Federation), employers are required to pay vacation pay to employees, and they must do this no later than 3 days before the start of the vacation.

Unfortunately, not all employers are conscientious, and in practice this requirement is often violated. Have you not been paid vacation pay? Don’t rush to get upset: contact.

They don't pay vacation pay

Based on Art.

Labor Code of the Russian Federation, 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 rate in force at that time refinancing of the Central Bank of the Russian Federation from amounts unpaid on time for each day of delay starting from the next day after the established payment deadline up to and including the day of actual settlement.

Responsibility for late vacation pay and benefits

Quite often, accountants violate the law not out of malicious intent, but as a result of error or ignorance. Therefore, first, let us remind you in what time frames it is necessary to pay vacation pay and benefits to employees.

According to Article 136 of the Labor Code, the employee must be paid vacation pay no later than three days before the start of the vacation. The Labor Code does not specify which days are meant: working days or calendar days.

The employer did not pay vacation pay upon dismissal, does he have the right not to give it to me? and in what size?

I got a job in an LLC organization, when the contract was signed, the employer emphasized that he suits me for 5 thousand rubles in order to avoid contributions to the pension fund, and the actual salary will be 13 thousand. I got a job at a minimarket as sales consultants.

Having worked for 1 year and 3 months, I decided to quit in order to find a well-paid job, after applying on my own, I worked for two weeks and was released, and only a month later my employer gave me my documents and pay for the days that were worked, but the second vacation pay doesn't give it back for a month! During my work there were no shortages, the accounting went well, and after I left a month later they told me that they corrected the accounting and found a shortage.

Good afternoon. While on vacation from 2014.01.25 to this day (2014.02.03), my vacation pay was never transferred. According to the head of the enterprise, the money will be transferred along with the salary. The following questions arise:

1. According to Article 124 of the Labor Code of the Russian Federation, can I demand that the employer postpone vacation if vacation pay is transferred to me before the end of the current vacation?

2. If vacation is rescheduled, will vacation pay be paid to me for both previously taken time off and for the postponed one? Or only for the postponed one, and the previous vacation will be considered as at your own expense?

3.

The employer does not pay wages and vacation pay

Since December 2008, the employer has regularly delayed wages, on average by 2 months. Cash receipts were irregular and, as a rule, 50 percent.

Before going on vacation, I asked to pay off wage arrears and pay vacation pay. The employer promised to pay vacation pay, but there was no income. Then on vacation I found myself in a situation where the money was not transferred.

Now the employer, citing the company’s problems, forces them to reconsider the contract, they work for less money (such as a trend to reduce company expenses) and only after that promises to pay off debts.

Deadlines for payment of wages, bonuses, vacation pay and other accruals

Let's consider when it is necessary to pay wages and other accruals, what documents regulate payments, as well as liability for late payment of accruals.

According to Article 136 of the Labor Code of the Russian Federation. wages must be paid at least twice a month. A number of deputies proposed making changes to the Labor Code of the Russian Federation, which would oblige companies to pay wages weekly.

Source: https://megatranslation.ru/rabotodatel-ne-vyplatil-otpusknye-88507/

Basic norms

Employers cannot rely on their ignorance of employee leave or lack of funds.

The corresponding application is written by an employee who wishes to go on a well-deserved vacation two weeks before its planned start. In addition, each enterprise draws up a special schedule fixing vacation periods for all employees.

Managers and operating personnel must familiarize themselves with it.

We invite you to read: Claim in the magistrate's court for debt collection

Vacations are paid from funds accumulated in the reserve fund - every enterprise or organization has one.

It is also unacceptable to pay vacation funds in installments if the employee wants to take all the vacation allotted to him for the year of work.

Division into shares is possible only when registering a vacation period divided into several parts. The minimum amount of vacation cannot be less than two weeks! (Article 136 of the Labor Code).

If you want to find out how to solve your particular problem, please contact us through the online consultant form or call:

• Moscow.
• Saint Petersburg.

Types of vacations

Vacation pay in the labor code refers to a certain amount of money that is due to an employee after he returns from vacation. Please note that an employee can only claim vacation pay if he goes on paid vacation. All types of leave provided to workers can be divided into paid and unpaid.

Paid holiday

We consider the types of paid vacations in the table.

Table 1. Types of paid leave

Unpaid leave

Taking unpaid leave can be provoked either by an employee, based on personal circumstances, or by superiors. If a subordinate applies for unpaid leave, he must have valid reasons on the basis of which this leave can be granted to him. An application for unpaid leave is written in free form, a sample of which can be seen below.

Sample application for unpaid leave

Employee initiative

Among the main reasons why employees go on vacation without any compensation are the following:

• family circumstances;
• poor health of a family member requiring the employee’s constant presence;
• a disaster as a result of which the employee suffered significant losses (fire, flood, hurricane, etc.);
• holidays or quarantine at the child’s educational institution;
• examination period at a university (when combining work and study).

There is no definitive list of valid reasons based on which the manager can give unequivocal consent or refusal. This type of vacation is largely negotiable. Accordingly, management can give an employee unpaid leave even if this reason is not on the specified list, but it seems convincing to the manager himself.

Unpaid leave is issued in case of quarantine at the enterprise or at the school of an employee’s child

Sometimes it happens that employers refuse to provide unpaid leave, which may be due to the specifics of the specialty or a critical situation at work. However, there are three categories of citizens to whom the boss does not have the authority to refuse NI:

• disabled person;
• combat veteran;
• working pensioner.

Also, an employer is not allowed to refuse leave to an employee if he cites the death of his relative as the reason.

An employer has no right to refuse to provide unpaid leave to an employed pensioner

Employer initiative

In some cases, the initiator of the IO is the employer. But it is important to remember that the boss does not have the right to demand that any employee go on unpaid leave. Such a decision can be made voluntarily by the employee only after a joint discussion. In order for an employee to go to a non-profit organization, it is necessary to conclude a special collective agreement.

What does the law guarantee?

Despite the fact that unpaid leave does not provide any monetary compensation for the period of absence from the workplace, the employee still has certain protection from the law. Thus, despite the absence of a citizen, he is guaranteed:

• maintaining wages at the same level as before the vacation;
• job preservation (during the absence of an employee, management cannot hire another person - even on a temporary basis);
• maintaining deductions for budgetary and non-budgetary institutions.

During the absence of an employee, his workplace cannot be occupied by another person

Reference. Many employees mistakenly believe that if they get sick during the BUT period, they will be able to receive compensation for their sick leave. However, in reality this is not the case. During time off, which does not provide compensation, the employee will not be provided with funds for any reasons that were valid during the period of work activity.

What to do if vacation pay is delayed?

So what to do if vacation pay was not received on the cherished day? First of all, you can write an application to transfer your vacation to other dates. But it won’t always be possible to do this, because often a vacation is connected with some kind of trip, and therefore with purchased tickets.

Therefore, most likely, you will have to reasonably demand payment from the employer in the days remaining before departure, and then hold him accountable.

In a budget organization

For budgetary organizations, the requirements regarding labor law are the same as for any other company.

The head of such an enterprise does not have the right to refer to the lack of funding from the budget, because The current version of the Labor Code in 2021 clearly states the obligation to pay compensation for late payment even in the absence of the employer’s fault.

When reorganizing an institution

As already noted, no reasons can become a basis for delaying labor payments. Reorganization is also not a reason for violations. In some cases, unscrupulous employers require the employee to sign a statement agreeing to the delay. You shouldn't agree to something like this.

The only difference in the situation with the reorganization is the question of who to demand your money from next.

Much depends on the form of reorganization, but the main rule is this: all rights and obligations are transferred according to the separation balance sheet, which is an integral part of the package of documents during the reorganization. And in the transcripts of this balance, arrears in payments to employees must also be included.

Guided by this data, which in the worst case will have to be obtained through the court, you can understand from whom to demand your vacation pay.

The number of vacation days in 2021 is determined by current legislation. Are vacation pay taxable? See here.

Ways to protect violated rights

Everyone is equal before the law, regardless of position, age or other differences. The employer has the right to hold a worker who fails to fulfill his or her job duties, violates discipline, or neglects tools and equipment accountable, observing procedural requirements, up to and including dismissal.

Due to the subordination of your position, you will not be able to directly influence your boss, which does not deprive you of the right to defend your interests using methods not prohibited by law. Here are the most common of them, if before going on leave as required by law, funds have not been paid.

You can try to resolve the conflict within the enterprise.

1. In any form, write a complaint to the manager demanding payment of the vacation pay due or an application to transfer the vacation to another time.

We recommend preparing 2 copies of the application, one with a mark of incoming registration, date of receipt and signature of the responsible person, and keep it with you.

1. If there is a trade union organization, you can apply to the trade union committee.

Called to monitor compliance with the interests of workers, the trade union has the right to demand payment of funds due or initiate the creation of a commission on labor disputes, recognized as a body authorized to resolve individual conflicts.

Among other things, you can appeal against a violation of labor rights guaranteed by the employer to state supervisory authorities, which will verify the specified facts, bring the guilty officials to justice, and issue administrative documents on taking measures to eliminate the violations.

Such bodies are:

• territorial labor inspectorate, which controls the employer at the place of registration of the legal entity or the place of activity of the entrepreneur;
• prosecutor's office