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Calculation according to 236 Labor Code of the Russian Federation. Theory of everything. Clarifications of the Supreme Court of the Russian Federation in the review of practice

Do you think you are Russian? Born in the USSR and think that you are Russian, Ukrainian, Belarusian? No. This is not true.

You are actually Russian, Ukrainian or Belarusian. But you think you are a Jew.

Game? Wrong word. The correct word is "imprinting".

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

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

All your childhood you wondered why you live surrounded by non-native people. Rare Jews on your path could do anything with you, because you were drawn to them, while others were repelled. Yes, even now they can.

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

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System and Observer

Let us define a system as an object whose existence is not in doubt.

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

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

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

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

Hypothesis #1. All-seeing eye

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

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

Hypothesis #2. Internal Observer

It is possible that our universe is watching itself. For example, using pairs of quantum entangled particles spaced apart in space as standards. Then the space between them is saturated with the probability of the existence of the process that generated these particles, which reaches its maximum density at the intersection of the trajectories of these particles. The existence of these particles also means the absence of a sufficiently large capture cross section on the trajectories of objects capable of absorbing these particles. The remaining assumptions remain the same as for the first hypothesis, except:

Time flow

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

Also, the possibility of combining these hypotheses in one proportion or another is not excluded.

Full text of Art. 236 of the Labor Code of the Russian Federation with comments. New current edition with additions for 2020. Legal advice under article 236 of the Labor Code of the Russian Federation.

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

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

The commented article provides for the liability of the employer for the delay in payments due to the employee.

The list of payments contained in Art. 236 of the Labor Code of the Russian Federation, is not exhaustive and includes, in particular, wages, vacation pay, dismissal payments and (or) other payments due to the employee.

For violation by the employer of the terms of these payments, in addition to them, the employer is obliged to pay interest, that is, monetary compensation, the amount of which must not be less than one three hundredth of the refinancing rate of the Central Bank of the Russian Federation from the amounts not paid on time for each day of delay starting from the next day after the deadline payments up to and including the day of actual settlement. In accordance with the instruction of the Central Bank of the Russian Federation dated September 13, 2012 N 2873-U "On the size of the refinancing rate of the Bank of Russia", starting from September 14, 2012, the refinancing rate is set at 8.25 percent per annum.

In accordance with the provisions of Art. 136 of the Labor Code of the Russian Federation, wages are paid at least every half a month on the day established by the internal labor regulations, the collective agreement, the employment contract. For certain categories federal law may establish other terms for the payment of wages.

If the day of payment of wages coincides with a day off, the employer is obliged to pay wages on the last working day preceding the day off on which the day of payment of wages fell.

In this regard, the right of the employee to receive compensation for delayed payment of wages arises after half a month from the date of payment of part of the wages.

Vacation payment is made no later than three days before its start (). Accordingly, when paying for vacation later than three days before it starts, the employee also has the right to receive monetary compensation in addition to vacation pay. Money.

Consultations and comments of lawyers on Article 236 of the Labor Code of the Russian Federation

If you still have questions about Article 236 of the Labor Code of the Russian Federation and you want to be sure that the information provided is up to date, you can consult the lawyers of our website.

You can ask a question by phone or on the website. Initial consultations are free of charge from 9:00 to 21:00 Moscow time daily. Questions received between 21:00 and 09:00 will be processed the next day.

If the employer missed the deadline for paying salaries to employees, you will have to pay compensation. Let's try to find out whether it is possible to avoid paying it or at least reduce the amount of payments.

From the article you will learn:

The procedure for paying salaries

The current requirements for the procedure for paying wages to employees are established by the provisions of Art. 136 of the Labor Code of the Russian Federation. It, in particular, determines the timing of the payment of funds due to the employee. In accordance with this article, a specialist must receive a salary at least twice a month. A greater frequency of payments can be set by the employer independently: labor legislation allows for such a possibility.

In addition, this article indicates that the period for payment of wages should not exceed 15 days from the moment when the period for which it is paid ended. Thus, the employer is obliged to pay the salary for the previous month no later than the 15th day of the month following it. However, our experts do not recommend paying money on the 15th: find out why - from this .

Download related documents:

Note! If the pay day falls on a weekend or holiday, it must be paid on the last working day before them.

Determining the timing of salary payments

The maximum possible period of payment of wages and its frequency are the main requirements for labor law to the employer in terms of his obligations to pay the employee. But the organization can choose the specific numbers for making such payments on its own, taking into account the specified conditions. It is advisable to fix them in the local regulatory document of the company or other documentation.

In this capacity, you can use:

internal labor regulations (PWTR);
collective agreement;
individual labor contract with the employee.

You can specify the payment terms in one of these documents or in several of them. In the latter case, you need to pay attention to the fact that they match. But to use as a document that reflects the terms of payment of wages, the provision on remuneration, can be dangerous for the company, although this is not prohibited. In that we will talk about possible consequences such a decision.

Article 236 of the Labor Code of the Russian Federation: the responsibility of the employer for late payment of wages

Art. 236 of the Labor Code of the Russian Federation establishes the liability of the employer for violation of the approved terms for the payment of wages. It is implemented in the form of payment to the employee of financial compensation for the untimely issuance of money due. According to this article of the labor law, such compensation is transferred to the employee simultaneously with the payment of wages after the delay.

Note! The condition for the payment of compensation is applied in case of delay not only of salary, but also of vacation pay, compensation for unused vacation upon dismissal and other mandatory payments.

At the same time, both non-compliance with the requirements for the terms of payment of money, determined by labor legislation, and non-fulfillment of the conditions prescribed in the PWTR, collective or individual labor contract are considered a violation. In addition to liability the company may be subject to an administrative penalty under the provisions of Art. 5.27 of the Code of Administrative Offenses of the Russian Federation. The head of the organization responsible for the delay in payment may be held liable for the following types:

administrative - according to Art. 5.27 of the Code of Administrative Offenses of the Russian Federation;
disciplinary - under Art. 192 of the Labor Code of the Russian Federation;
criminal - under Art. 145.1 of the Criminal Code of the Russian Federation, subject to mercenary or other personal intent.

Read more about how to apply these measures in this article. .

The amount of liability for delayed wages

According to Art. 236 of the Labor Code of the Russian Federation, the amount of the employer's liability for late payment of wages is set in a relative amount and depends on the key rate of the Central Bank of the Russian Federation. Recall that from March 26, 2018, its size is 7.25%. We talk about how this indicator affects the amount of liability in this article. . The minimum amount of compensation determined by Article 236 of the Labor Code of the Russian Federation is 1/150 of this indicator for each day of delay in payment. The countdown of the specified period begins on the next day after the date on which the employee was supposed to receive the salary, and ends on the day of its actual issuance.

If the salary was not paid to the employee not in full, but in part, this does not relieve the employer from applying financial liability measures to him. In this situation, its value will be calculated in proportion to the size of the employer's debt to the employee for wages.

Setting the amount of compensation

According to Art. 236 of the Labor Code of the Russian Federation, the main factor on which the amount of compensation to an employee for non-compliance with the terms of payment of wages depends is the value of the key rate of the Central Bank of the Russian Federation. When it is changed, the procedure for calculating compensation changes automatically: the current legislation does not provide for the need to issue any additional normative documents to resolve this issue.

Moreover, if the change in the size of the key rate occurred during the period of delayed payment of wages, the employer is obliged to calculate the amount of compensation for the periods of validity of different values of this indicator, taking into account their actual values on a specific date. Failure to comply with this requirement may result in .

Article 236 provisions Labor Code The Russian Federation allows changing the amount of compensation at the initiative of the employer, but only upwards. Such an increased amount of payments must be documented in the internal labor regulations, a collective agreement or an individual labor contract with an employee. If the amount of compensation is changed upwards, it new size it is advisable to fix the order, which will make changes to the relevant document of the organization.

Note! An increased amount of compensation may also be established by a regional agreement in the subject of the Federation where the organization operates.

Conditions for payment of compensation

Unlike the procedure for applying criminal liability, the payment of compensation for the delay in the transfer of wages in accordance with Article 236 of the Labor Code of the Russian Federation is made without additional conditions. This means that the employer is obliged to compensate the employee for the specified delay, regardless of the reasons for its occurrence. These may be delays in the transfer of money due to the fault of the bank, complex financial position enterprises and any other factors. In all these cases, the obligation of the employer to pay compensation remains. For more information about the position taken by the courts on this issue, we tell in this article. .

Procedure for payment of compensation

By general rule compensation for the delay in the issuance of wages, provided for in Art. 236 of the Labor Code of the Russian Federation, is paid to the employee simultaneously with the repayment of the debt that has taken place. In this case, the relevant information must be included in the employee's pay slip along with the rest of the components of his salary. If the organization does not pay compensation on a voluntary basis, the employee has the right to go to court to restore his rights, as well as to recover compensation for moral damage and losses incurred by him as a result of inflationary processes. In this case, it is likely that the court will take the side of the employee: clearly confirms this opinion.

The employer can fix the amount of compensation within the limits established current legislation, or in an increased amount in the PVTR, collective or individual labor contract. If the condition on the amount of compensation is not indicated in any of these documents, it is calculated in the manner determined by the provisions of Art. 236 of the Labor Code of the Russian Federation.

Compensation example

The amount of compensation established by Article 236 of the Labor Code of the Russian Federation is calculated as the product of the amount of the employer's debt to the employee, 1/150 of the refinancing rate of the Central Bank of the Russian Federation and the number of days of non-payment of wages.

For example, LLC "Company" delayed the payment of wages to an employee Ivanov A.A. for 12 calendar days. The total amount of debt on the twelfth day, starting from the date of payment of wages established by the employment contract, is 15 thousand rubles.

Thus, compensation for the delay will be calculated as follows: 15,000 (amount of debt) * 1/150 * 7.25% (refinance rate share for each day of delay) * 12 (number of days of delay). As a result, the amount of compensation for the specified period will be 87 rubles.

In order not to make mistakes in complex calculations, use our convenient payments under Art. 236 of the Labor Code of the Russian Federation.

Labor Code of the Russian Federation:

Article 236 of the Labor Code of the Russian Federation. Liability of the employer for the delay in payment of wages and other payments due to the employee

If the employer violates the established deadline, respectively, for the payment of wages, vacation pay, dismissal payments and (or) other payments due to the employee, the employer is obliged to pay them with the payment of interest (cash compensation) in the amount of not less than one hundred and fiftieth of the key rate in force at that time the Central Bank of the Russian Federation from the amounts not paid 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. In case of incomplete payment of wages and (or) other payments due to the employee on time, the amount of interest (monetary compensation) is calculated from the amounts actually not paid on time.

The amount of monetary compensation paid to an employee can be increased by a collective agreement, a local regulation or an employment contract. The obligation to pay the specified monetary compensation arises regardless of the fault of the employer.

Return to document table of contents: Labor Code of the Russian Federation in the current edition

Comments on Article 236 of the Labor Code of the Russian Federation, judicial practice of application

Pay attention that the above version of Article 236 of the Labor Code of the Russian Federation is valid from October 03, 2016(amended by Federal Law No. 272-FZ of July 3, 2016).

Until October 3, 2016, the amount of monetary compensation for violation of the deadline for paying wages was calculated differently. Extract from the previously existing norm of Article 236 of the Labor Code of the Russian Federation:

Please note that now: ".. not below one hundred and fifty ... the key rate of the Central Bank of the Russian Federation"

Terms of payment of wages, vacation pay, payments upon dismissal under the Labor Code of the Russian Federation

Wage paid at least every half month. The specific date for the payment of wages is established by the internal labor regulations, a collective agreement or an employment contract no later than 15 calendar days from the end of the period for which it is accrued (part 6 of article 136 of the Labor Code of the Russian Federation).

Vacation pay is made no later than three days before its start (part 9 of article 136 of the Labor Code of the Russian Federation).

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 settlement request ().

Explanations of the Plenum of the Supreme Court of the Russian Federation

In pp. 55, 56 of the Decree of the Plenum of the Supreme Court of the Russian Federation of March 17, 2004 N 2 "On the application by the courts of the Russian Federation of the Labor Code of the Russian Federation" contains the following explanations:

Interest for violation of the terms of payments does not depend on the fault of the employer

When considering a dispute that arose in connection with the refusal of the employer to pay the employee interest (cash compensation) for violation of the deadline for paying wages, vacation pay, payments upon dismissal and other payments due to the employee, it must be borne in mind that, in accordance with Article 236 of the Code, the court has the right to satisfy the claim, regardless of the fault of the employer in delaying the payment of these amounts.

The amount of interest for delayed payments cannot be less than 1/150 of the key rate of the Central Bank of the Russian Federation of the amounts not paid on time for each day of delay

If a collective agreement or an employment contract determines the amount of interest payable by the employer in connection with the delay in payment of wages or other payments due to the employee, the court calculates the amount of monetary compensation taking into account this amount, provided that it is not lower than that established by Article 236 of the Code.

Not only interest, but also indexation of late payments

The accrual of interest due to late payment of wages does not exclude the right of the employee to index the amounts of delayed wages due to their depreciation due to inflationary processes.

The statute of limitations has not passed if the employment relationship has not been terminated

When considering a case at the claim of an employee with whom labor relations have not been terminated, for the recovery of accrued but unpaid wages, it should be taken into account that the employer’s statement that the employee has missed the deadline for applying to the court cannot in itself serve as a basis for refusing to satisfy the claim, since in this case the deadline for applying to the court has not been missed, since the violation is of a continuing nature and the obligation of the employer to pay the employee wages in a timely and full manner, and even more so the delayed amounts, remains throughout the entire period of the employment contract.

Clarifications of the Supreme Court of the Russian Federation in the review of practice

In the Review of Legislation and judicial practice of the Supreme Court of the Russian Federation for the fourth quarter of 2009" (approved by the Resolution of the Presidium of the Supreme Court of the Russian Federation of March 10, 2010) contains the following clarifications:

An employee who has suspended work due to delayed payment of wages must be compensated by the employer average earnings with interest

Question 4. In what amount is payment made for the period of suspension of work, if the employee’s refusal to perform job duties caused by delay in payment of wages?

Answer. According to Art. 142 of the Labor Code of the Russian Federation in the event of a delay in the payment of wages for a period of more than 15 days, the employee has the right by notifying the employer in writing, suspend work for the entire period until the payment of the delayed amount. Exception from this rule constitute the cases of prohibition on suspension of work specified in the said article. During the period of suspension of work, the employee has the right to working time be absent from work.

Based on the generally recognized principles and norms of international law and in accordance with the Constitution of the Russian Federation, one of the basic principles legal regulation labor relations and other directly related relations, it is recognized to ensure the right of each employee to pay wages in a timely manner and in full.

The right of employees to refuse to perform work is a coercive measure provided by law for the purpose of encouraging the employer to ensure that employees are paid the wages determined by the employment contract within the established time limits. This right implies the elimination by the employer of the violation committed and the payment of the delayed amount.

From Art. 236 of the Labor Code of the Russian Federation it follows that in the event of a delay in the payment of wages, the employer is obliged to pay it with the payment of 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 liability of the employer for the delay in the payment of wages involves not only the reimbursement of the earnings received by the employee, but also the payment of additional interest (monetary compensation). The named measure of responsibility of the employer occurs regardless of whether the employee has used the right to suspend work. At the same time, since the Labor Code does not specifically provide otherwise, the employee has the right to maintain average earnings for the entire time of delay in its payment, including the period of suspension of his employment duties.

Based on the foregoing, an employee who was forced to stop work due to a delay in the payment of wages for a period of more than 15 days, the employer is obliged to compensate for 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.

Calculation of interest (compensation) for delayed payment of wages
Statement of claim for the recovery of wage arrears, interest for late payment of wages, compensation for moral damage caused
For samples and examples of claims, see the section"Statements of claim for the recovery of funds from the employer and from the employee"

The text of article 236 of the Labor Code of the Russian Federation in a new edition.

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

N 197-FZ, Labor Code of the Russian Federation, current edition.

Commentary on Art. 236 of the Labor Code of the Russian Federation

Comments on the articles of the Labor Code will help to understand the nuances of labor law.

§ 1. Name of Art. 236 has been brought into line with its content. The words "and other payments due to the employee" are added to it.

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

Both new provisions of art. 236 are very important to ensure the real liability of the employer for the delay in payments due to the employee.

§ 2. The obligation of the employer to pay wages to employees in a timely manner and in full is provided for in several articles of the Code: in Part 2 of Art. 22 among the main obligations of the employer, in Art. 56, defining the concept of an employment contract; in Art. 136, establishing the obligation to pay wages every half a month.

§ 3. An employer and (or) representatives duly authorized by him who have allowed a delay in the payment of wages to an employee and other violations of wages shall be liable in accordance with the Code and other federal laws(see article 142 of the Labor Code).

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

The amount of monetary compensation for the delay in the said payments may be specified and set at a higher amount by a collective or labor agreement.

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

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

The next commentary on article 236 of the Labor Code of the Russian Federation

If you have questions under Art. 236 of the Labor Code, you can get legal advice.

1. The Labor Code has expanded the list of situations related to the delay in various payments, in which the employer is liable. Now it can occur not only with the delay in the actual wages, but also in other cases. The commented article defines at least three options for bringing the employer to liability for the delay in payments due to the employee. This does not exclude other payments due to the employee.

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

The corresponding position is also reflected in the Decree of the Plenum of the Supreme Court of the Russian Federation of March 17, 2004 N 2 "On the application by the courts of the Russian Federation of the Labor Code of the Russian Federation." When considering a dispute that arose in connection with the employer’s refusal to pay interest (monetary compensation) to the employee for violation of the deadline for paying wages, vacation pay, dismissal payments and other payments due to the employee, it must be borne in mind that, in accordance with the commented article, the court has the right satisfy the claim, regardless of the employer's fault in delaying the payment of the indicated amounts (paragraph 55 of the said Resolution).

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

The accrual of interest due to late payment of wages does not exclude the right of the employee to index the amounts of delayed wages due to their depreciation due to inflationary processes.

4. About the terms during which the employee has the right to apply to the court on the issue of collecting payments due to him, see Art. 392 TK.

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