What is the penalty for late payment of vacation pay?

A selection of questions from readers.

My vacation pay is being delayed; I have been on vacation since 08/01/19.

You have the right to demand from the employer monetary compensation for the delay in the payment of vacation pay in the amount of not less than one hundred and fiftieth of the key rate of the Central Bank of the Russian Federation in effect at that time from the amounts not paid on time for each day of delay, starting from the next day after the established payment deadline until the day of actual payment inclusive.
Art. 236 Labor Code of the Russian Federation. Contact the prosecutor's office or the labor inspectorate, they will conduct an inspection and issue an order to eliminate the violation.

Can vacation be delayed and for how long?

According to Art. 124 of the Labor Code of the Russian Federation, if the employee was not paid in a timely manner for the duration of the annual paid leave or the employee was warned about the start time of this leave later than two weeks before its start, then the employer, upon the written application of the employee, is obliged to postpone the annual paid leave to another agreed period with an employee.

In exceptional cases, when the provision of leave to an employee in the current working year may adversely affect the normal course of work of an organization or individual entrepreneur, it is allowed, with the consent of the employee, to transfer the leave to the next working year. In this case, the leave must be used no later than 12 months after the end of the working year for which it is granted.

It is prohibited to fail to provide annual paid leave for two years in a row, as well as to not provide annual paid leave to employees under the age of eighteen and employees engaged in work with harmful and (or) dangerous working conditions.

Thus, vacation can be delayed only with the consent of the employee.

Does the employer have to delay the next vacation?
No. If you were included in the vacation schedule in advance and wrote an application 14 days in advance.

Maybe, if it is related to the production needs of the organization. Then the employer will be obliged to provide vacation at a time convenient for you outside the previously agreed schedule.

The employer is obliged to provide you with leave for the previous year of work within 2 years, but only with your consent.

The employer's actions are unlawful, because according to Art. 123 of the Labor Code of the Russian Federation, the vacation schedule is mandatory for both the employer and the employee. Transferring your vacation to another date is possible only with your consent (Article 124 of the Labor Code of the Russian Federation).

Do they have the right to delay vacation pay and pay it only after going on vacation?

The delay is unlawful.

How long does it take to write a vacation application and can vacation be delayed?

The application must be submitted in advance; three days before the start of the vacation, vacation pay must be paid. They cannot detain; leave is granted strictly according to schedule (Article 123 of the Labor Code of the Russian Federation).

The boss delays the signature on the vacation application.

Contact the labor inspectorate.

Does an employer have the right to delay vacations until the end of the working year?

No, it doesn't. Vacation is granted based on the vacation schedule. Article 123 of the Labor Code of the Russian Federation - the vacation schedule is mandatory for the employer and for the employee.

I am on maternity leave, our institution has already delayed the payment of wages for 7 days, and I have child care benefits! I want to properly file a claim.

When you compose it in the name of the manager, do not forget to add a clause about the penalty, which is accrued from the first day of the delay, and indicate the calculation.

My wife is a contract worker and was supposed to be on maternity leave until March 2021, but decided to leave earlier; does she have the right to a reduced working day? Don't work shifts? Don't stay late after work at work (work overtime)?

If we are talking about military service, then your wife, until the child reaches 3 years of age, in accordance with paragraph 9 of Art. 10 Federal Law “On the status of military personnel” in conjunction with Art. 259 of the Labor Code of the Russian Federation cannot be involved without her consent in the performance of military service duties at night, on non-working days, weekends and holidays. As for the shortened day, it is not provided for by current legislation for military personnel.

My husband works in the organization, either through labor or under a contract! Salaries are delayed, sometimes they give an advance, sometimes they don’t! I did not take vacation during the period of work. Wants to leave work. What payments are due?

He is entitled to a salary for the period he worked, and compensation for vacation days not taken off.
I have been on vacation since June 25, 2019; I have not received my vacation pay until today. How long can payment be delayed by law?
Since 2021, I should have received internships, but I haven’t received them due to the fact that they forgot about me. Is this punishable? Certainly. Write a complaint to the labor inspectorate and the prosecutor's office.

What to do in the following case: an in-person meeting of the owners of an apartment building has been held, the elected chairman of the meeting is delayed on vacation and does not have time to return within 10 days to sign the protocol and submit it to the management company. Who can sign the protocol for him and how to do it correctly?

During the absence of the chairman, there must be a person who replaces him and acts by proxy.

I work officially. Now on maternity leave for up to 1.5 years. The maternity leave was supposed to arrive on the 15th, today I wrote to the accountant. She said they would come today, but they never came. How long can an employer delay maternity leave?

The legislation does not establish a time limit for delaying transfers, so it is impossible to answer on the merits.

What is the period for payment of vacation pay provided by law?

The three-day period before the start of the vacation, during which the organization is obliged to pay vacation pay to the citizen, is determined by Article 136 of the Labor Code, and Articles 114 and 115 indicate that if these days fall on weekends or holidays, then the money is accrued in advance.

Important! Labor law prohibits the accrual of vacation pay in installments.

In practice, most employers tend to transfer them much earlier, since delays sometimes arise due to unforeseen circumstances: for example, a bank delay in a transaction.
In this case, the organization will be obliged to additionally pay the employee for each day of delay, regardless of the reason. Since payment of annual leave is the employer’s responsibility, he cannot justify the delay in transferring finances by ignorance of the employee’s retirement, lack of funds, etc.

Deadline for payment of vacation funds

According to Article 136 of the Labor Code of the Russian Federation FZ-No. 197 of December 30, 2001 (as amended on October 11, 2018), payment of money for the provided annual leave must occur no less than three days before the expected date.

Moreover, if the day of payment of funds coincides with a day off or a non-working holiday, then payment is made on the last day preceding this date. It is not prohibited to pay funds earlier than three days before the start of the vacation, however, delaying payments is illegal.

Also, two weeks before the annual holiday, according to Article 123 of the Labor Code of the Russian Federation, the employer is obliged to notify the employee about it against signature. This means that the delay in the payment of vacation funds cannot be associated with the manager’s ignorance of the start of the employee’s vacation period.

Where to go if you haven't paid your vacation pay

As practice shows, most issues of calculating vacation pay on time are resolved at the stage of notifying the manager of the employee’s intention to appeal to the labor inspectorate or court.
But if this does not bring results, the citizen can submit an application to the specified authorities to bring the company’s management to justice.

The application is drawn up in free form in compliance with the rules for maintaining official documentation and indicating the following information:

1. Details: Full name of the person to whom the document is sent, Full name, registration address and contact telephone number of the applicant, full name of the employing organization indicating the form of ownership, contact telephone number, address of the head office and Full name O. manager.
2. The essence of the complaint: the date of leaving on vacation according to the schedule, the amount due for payment, the expected date of payment, the number of days of delay.
3. Link to the document on the basis of which the applicant cooperates with the organization (employment contract), its details.
4. The applicant’s demands: consideration of the complaint, inspection of the enterprise’s activities, collection of debt from the employer along with compensation.
5. Date of document preparation and signature.

Sample application for late payment of vacation pay to the labor inspectorate:

Where to go if the employer has not accrued vacation pay?

Knowledge of labor law rights will help you insure yourself against unscrupulous employers who may commit violations regarding the accrual of vacation pay, time off, etc.

Each employee has the right to one vacation per year in full - 28 days. The total number of days cannot be less, provided that he has worked for more than six months.

The number of days off is taken into account in the overall calculation of vacation, but if there are holidays during this period, then it is extended by their number.

An employee has the right to file a complaint against his employer

If the money is not paid on the appointed day, the employee has the right to file a complaint.

1. You must write a statement indicating the start date of your vacation.
2. Submit to the labor inspectorate.
3. If the complaint is not resolved, the applicant has the right to go to court.

There is also a separate category of professions where preferential leave is provided. These include educational workers and doctors.

The right to decide how to manage days off and when to take them rests with the employee. If an employee has been in an employment relationship with the company for a year, then he has the right to take his entire vacation.

The only condition remains that one part cannot be less than two weeks old

This is important to know, because many employers, taking advantage of the incompetence of employees, insist on dividing the rest into several parts. For production, this approach is the most convenient, but it directly violates the rights of the employee.

Also find out whether sick leave is included in the pay off upon dismissal? Features of the newsletter compensation.

The right to take a vacation comes 6 months after hiring.

The vacation schedule and its start date must be agreed upon with management. Based on the wishes of the employees, the HR department draws up a schedule and calculates the payment scheme. This must be done for two reasons. Firstly, to distribute the fund evenly, and secondly, so as not to disrupt the production process.

Regulatory documents

Employer's liability for delay

When an employee goes to court or the prosecutor's office with a statement about late payment of the vacation period, the company not only undertakes to accrue compensation, but also becomes liable.
Most often, fines are applied, however, in case of serious violations and repeated cases of bringing such issues to court, the responsible official may be subject to stricter administrative and even criminal liability.

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.

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

Every employee should know what to do if vacation pay is not paid.
First of all, he has the right to demand that the vacation be postponed to another date. In practice, this is not always possible, because vacation tickets may already be purchased or there are other plans. 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.

Right to rest

First of all, you need to figure out who can rest and when.
According to Article 114 of the Labor Code of the Russian Federation, an employee has the right to annual leave. The number of days of legal rest depends on many factors:

• length of service in the organization;
• special working conditions specified in the employment contract;
• climatic conditions at the place of work;
• the employee’s rights to additional leave, voluntarily prescribed by the employer in the collective agreement or internal regulations.

A standard vacation lasts 28 days (Article 115 of the Labor Code of the Russian Federation). In this case, we are talking about calendar days, including weekends, but excluding public holidays (this is a closed list of dates prescribed in Article 112 of the Code).

For example, an employee wrote an application for leave from March 1 to March 20, 2019. This is a period of 20 days, if you count strictly according to the calendar. But March 8, an official holiday, falls within this period. Therefore, the duration of the vacation will be only 19 days. And it is on the basis of 19 days that vacation will be paid.

Please keep in mind that postponing weekends is not considered a holiday. That is, in the above example, despite the fact that Monday March 7 was a non-working day, it does not apply to holidays and does not reduce the number of vacation days.

Additionally, the law provides for cases of increasing the duration of rest.

The table shows the minimum duration of the increase to 28 days.

If there is no desire to rest for longer than 4 weeks, then the law provides for the possibility of replacing additional leave with monetary compensation (Article 126 of the Labor Code of the Russian Federation).

The frequency of employee rest is prescribed in the vacation schedule approved annually.

Two weeks before the start of his vacation, the employee must be notified against signature. If his plans change, then upon application, the vacation dates can be postponed.

Payment order

To calculate vacation pay, the concept of average wages (AWS) is used.
When calculating this indicator, you must use the formula: SWP = ZP / 12 / 29.3

The numerator (ZP) will include all accruals provided for by the remuneration system and the employment contract for the 12 months preceding the vacation.

The denominator includes 12 calendar months and a certain number 29.3. This is exactly what is considered to be the average number of days in a month in the 2021 edition of the Labor Code.

Wages do not include all social payments (sick leave, benefits, etc.), vacation pay and bonus payments that are one-time in nature and not reflected in the remuneration system or employment contract.

Now he is going on vacation for 14 days. In this case, the amount of vacation pay will be (30,000*12 5,000 5,000)/12/29.3*14=14,732.65 rubles.

Deadlines

Vacation pay must be paid no later than three days before the start of the vacation.
Moreover, if such a day falls on a weekend, then the money is transferred the day before. But there are cases when an employee writes a statement and goes on vacation the very next day. The legislator does not prohibit such surprises with the mutual consent of the parties. In this case, you must understand that the employer cannot comply with the requirements of the Labor Code.

And it would seem that in such a situation the violation of the law occurs through no fault of the company. But there is a practice when companies are fined in these cases too.

For most small commercial organizations, the Labor Inspectorate is a kind of mythical body that can only come after receiving a complaint from an employee.
But for budgetary organizations and for organizations that are large taxpayers, the prospect of meeting such an inspector is very real.

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.

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.

Representatives of the organization often pay vacation pay in part, which is unacceptable. If an employee takes all vacation at once, then vacation pay must be reimbursed immediately in full without any delay.

Who is responsible?

Most often, an organization can be held accountable based on a complaint from the employee himself. But sometimes violations can be discovered during a scheduled inspection by the Labor Inspectorate.

When imposing fines, they are guided by the Code of Administrative Offenses.

Or it may happen that inspectors will resort to the Criminal Code if the delays in payments are very large.
Moreover, if in the case of payment of compensation, the presence or absence of the employer’s fault is not taken into account, then this is the main argument for bringing to administrative or criminal liability. And depending on the seriousness of the violation, a fine may be imposed on the official or the organization as a whole, or there may be talk of disqualification or even imprisonment of the manager.

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/

Where can I file a complaint for violation of deadlines?

To protect their rights, the employee must contact the Labor Inspectorate. The complaint is drawn up in free form. The contents of the document contain the following information:

• name and address of the institution to which the application is submitted;
• personal data of the citizen (full name, position held, passport details, registration address, contacts);
• information about the employer (full name of the organization indicating the form, full name of the director, legal and actual address);
• a detailed description of the violation with links to legislative acts;
• Date of preparation;
• signature.

The application review period is 10 working days. You can submit an application in person at the Rostrud branch, by mail or through the MFC.