If the employer is delaying cash payments, the employee may apply to the court, the labor Inspectorate or the Prosecutor and to demand compensation for the delay. The company may award not only compensation but also moral damage caused to employees in case of delay of wages, holiday pay or calculating termination.
In the internal acts of the enterprise may be quoted a different amount of compensation for the delay of funds, but not less than the refinancing rate of the Central Bank of the Russian Federation for the period of delay.
If employees have applied to the court for compensation, the employer can give part of salary arrears and he will not be able to award the payment of penalties for delay. But this provision applies only to the current salary and is not related to the payment for vacation and payment upon separation.
For the calculation of penalties for delay cash payments have delayed sum is multiplied by the number of delayed days, multiply by 1/300 and multiply by 13%. For example, if the delay of cash payments amounted to 10 days. Delayed amount is equal to 50000, the 50000 has to be multiplied by 10, multiplied by 1/300 and multiply by 13%. To the result must be added to 50000. This will be the payment for delay of salaries. Paid compensation is not subject to any withholding tax and other deductions.
If the delay of cash payments made more than one month, additionally, the amount of delayed payments multiplied by the percentage of inflation, which was delayed in each month, and to pay the amount of moral damages, if these payments are awarded to the employer.
For failure to comply with court orders, Prosecutor or labour inspection, the employer faces a huge administrative fines and to suspend operations for up to 90 days. Exceptions constitute the enterprises, which can not be stopped.