Is it possible to delay wages?
According to labor laws, wages must be paid to employees at least every half month. Many employers say that Article 136 of the Labor Code of the Russian Federation allows wages to be delayed for 15 days. This is wrong. It literally says the following: wages must be paid no later than 15 days from the end of the period for which it was accrued.
In practice, this means that the payment date for the past month must be set no later than the 15th of the next month. This article does not talk about any possible delay in wages.
Specific dates for salary payment must be set; a period cannot be set, such as an advance from the 15th to the 25th, and a salary from the 1st to the 10th of the next month. Should be: advance payment on the 15th, salary on the 1st of the next month.
Suspension of work in case of delay in payment of wages
Article 142 of the Labor Code of the Russian Federation allows workers to suspend work if there is a delay in wages lasting more than 15 days. This can only be done if a certain algorithm established by law is followed.
Procedure for suspending the work process:
- Drawing up a notice to the company’s management that, due to a delay in the payment of wages, employees are suspending work until the debt is received. The notice is drawn up in two copies, one is sent to the employer, and on the other a mark is placed indicating that he received it. Termination of work without notice may be regarded by the administration of the enterprise as absenteeism. If the employer refuses to accept such notice, it can be sent by mail.
- Suspend work until you receive written confirmation from the employer of your readiness to repay the resulting debt to employees, including during the work stoppage.
- Start work no later than the next day after the notification was received.
For the period of termination of work, formalized in accordance with all the rules, wages must also be accrued.
You can draw up both a collective notice and an individual one for each of the workers who suspend work.
But it must be remembered that the Labor Code of the Russian Federation establishes a list of works that are prohibited from being suspended on this basis. Basically, these are works that are in one way or another related to ensuring the livelihoods and safety of the population, as well as providing medical care.
During the suspension of official duties, employees have the right to be absent from their workplace, that is, not to appear on the employer’s premises.
