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".

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

For the first few days, newborns in the USSR 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. The 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 way could do anything with you, because you were drawn to them, and others were repelled. And even now they can.

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

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System and Observer

Let's define a system as an object, the existence of which is beyond doubt.

An observer of a system is an object that is not part of the system he 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 inversion of observation and control channels is possible.

An external observer is even a potentially unreachable object for the system, located beyond the system's event horizon (spatial and temporal).

Hypothesis No. 1. All-seeing eye

Let's assume that our universe is a system and it has an external observer. Then observational measurements can occur, 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 chaos and is perceived by us as the passage of time. An object that is opaque for "gravitational radiation", the capture cross section of which is larger than the geometric size, looks like a black hole inside the universe.

Hypothesis No. 2. Inner Observer

It is possible that our universe is observing itself. For example, with the help of 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, reaching the maximum density at the intersection of the trajectories of these particles. The existence of these particles also means that there is no sufficiently large capture cross section on the trajectories of objects to absorb these particles. The rest of the assumptions remain the same as for the first hypothesis, except:

Time flow

Outside observation of an object approaching the event horizon of a black hole, if the “external observer” is the determining factor of time in the universe, will slow down exactly twice - the black hole's shadow will block exactly half of the possible trajectories of “gravitational radiation”. If the “inner observer” is the determining factor, 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 side.

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

ST 236 of the Labor Code of the Russian Federation.

If the employer violates the established deadline, the payments wages, vacation pay, dismissal payments and (or) other payments due to the employee, the employer is obliged to pay them with payment of interest (monetary compensation) in the amount of not less than one hundred and fiftieth of the key rate of the Central Bank of the Russian Federation in force at that time from not paid on time amounts for each day of delay starting from the next day after the due date for payment 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, local regulation or employment contract. The obligation to pay the specified monetary compensation arises regardless of whether the employer is at fault.

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

1. The Labor Code has expanded the list of situations related to the delay of various payments, in which the employer becomes liable. Now it can arise not only with a delay in the actual wages, but also in other cases. The commented article defines at least three options for bringing the employer to financial liability for the delay in payments due to the employee. At the same time, other payments due to the employee are not excluded.

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 responsibility for its results. If this situation will arise in budgetary organizations, then the responsibility should be shared by the state or municipalities, from the budget of which the activities of this employer are financed.

The corresponding position is reflected in the Resolution of the Plenum of the RF Armed Forces 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 arising in connection with the refusal of the employer to pay the employee interest (monetary compensation) for violation of the deadline for the payment of 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 fault of the employer in the delay in the payment of the indicated amounts (clause 55 of the said Resolution).

3. If the collective agreement or labor agreement determines the amount of interest payable by the employer in connection with the delay in the 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 in connection with late payment of wages does not exclude the employee's right to indexation of the amounts of delayed wages due to their depreciation due to inflationary processes.

4. For the time frame during which the employee has the right to apply to the court on the issue of collecting the payments due to him, see Art. 392 of the Labor Code of the Russian Federation.

Russia is a state governed by the rule of law, which must be respected. All spheres of human activity are covered different kinds legal relationship. The labor sphere was no exception, any employee has a legal opportunity to defend his rights in this or that issue.

However, most people are afraid to enter into discussions with their superiors even when the truth is on their side. A striking example of this can be evidenced by a situation that often occurs in the Russian Federation: the employer of a salary.

Not only is the management obliged to pay in full and on time for all the work performed by the employee, but if such payments are delayed, it is obliged to bear some. Article 236 of the Labor Code of the Russian Federation (Labor Code of the Russian Federation) contains most of the legislative provisions on this issue, therefore, in today's material, our resource decided to consider in more detail its points.

Material losses must be reimbursed

Material liability is a type of liability that occurs for a person who has caused any material losses (other harm) and is now obliged to compensate them. In the topic considered today, material responsibility is imposed on the employer to his subordinates.

The employee has the right to index the damage in the equivalent material values directly at the time when the payment of the debt is carried out. If there is an industry tariff agreement may be required in larger size than established by the current legislative acts.

Indexation of material assets and similar activities can be carried out regardless of whether any accrual of interest on the amount of damage is carried out over time or not. The terms, regulated by the legislation of the Russian Federation for applying to the judicial authority for reimbursement of accrued but not paid salaries, are defined in Article 392 of the Labor Code of the Russian Federation.

When recovering compensation for a delay or refusal to pay for labor on the part of the employer, all the above legislative aspects apply, which fully characterize Article 236 of the Labor Code of the Russian Federation.

Legal video material will also familiarize you with article 236 of the Labor Code of the Russian Federation:

Compensation for damage for unpaid wages and other types of remuneration

Section 236 labor code RF - on non-payment of wages

In accordance with labor legislation RF, the employer is obliged to bear financial responsibility for all types of remuneration (, various benefits, etc.), and not only for planned salary payments.

Failure to pay for the work on time, the employing party to the employment contract undertakes to fully compensate for the damage (not only material, but also moral), as well as all allowances to the delayed payment of funds.

Compensation for damage takes place in compliance with the following measures:

1. First of all, it is necessary to calculate the damage that was caused during the delay period. The total amount of compensation is summed up from the amount of funds unpaid on time, the legislative surcharge (part of the refinancing rate of the Central Bank of the Russian Federation determined by law from the entire unpaid amount for each day of delay) and, if it is available and assessed.
2. First, for compensation for damage, you must contact the employer directly, if he refuses to pay funds on the basis of the legislation of the Russian Federation or any organizational acts of the enterprise, then there are two options: drawing up a complaint to the state labor inspectorate or.
3. Having received an executive document obliging to compensate for the damage, or having agreed with the employer to reimburse all funds, it is important to control the timeliness and completeness of the implementation of compensation payments.

It is important to understand that in situations where the employer behaves in bad faith, the law is almost always on the employee's side, so it is not rational to be afraid to defend your rights, for example, in court.

The information presented above fully complies with the legislation of the Russian Federation, including the provisions of Article 236 of the Labor Code, therefore it can be used to defend rights by any citizen of Russia.

Current version of Art. 236 of the Labor Code of the Russian Federation with comments and additions for 2018

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

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

The commented article provides for the material 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 of the terms of the specified payments by the employer, in addition to them, the employer is obliged to pay interest, that is, monetary compensation, the amount of which must be at least 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 established period payments on the day of actual settlement inclusive. In accordance with the instruction of the Central Bank of the Russian Federation of 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 month a day, set by the rules internal labor regulations, collective agreement, labor agreement. For certain categories of employees, federal law may establish other terms for the payment of wages.

If the day of payment of wages coincides with a day off, then 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 employee's right to receive compensation for delayed payment of wages arises after half a month from the date of payment of part of the wages.

Payment for the vacation is made no later than three days before its start (). Accordingly, if the vacation is paid later than three days before its start, the employee also has the right to pay him monetary compensation in addition to the vacation money.

Consultations and comments of lawyers under 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 of the relevance of the information provided, you can consult the lawyers of our website.

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

Compensation is calculated and paid to the employee not only in case of delayed wages, but also in cases where the employer has violated the term of other payments: vacation pay, benefits, etc. (Article 236 of the Labor Code of the Russian Federation). But for the sake of simplicity, we will call delay compensation to workers delay compensation.

Wage Delay Compensation 2019: Calculator

• the amount of salary that was not paid to the employee on time (the amount that the employee should receive in his hands is reflected, that is, minus personal income tax / other deductions from the salary);
• the set date for the payment of wages;
• the date of the actual payment of the salary.

Amount of compensation for delayed wages

Such compensation is calculated by following formula(Article 236 of the Labor Code of the Russian Federation):

The employer must pay the compensation for the delay period starting from the day following the established day of payment of the salary to the day of its actual payment, inclusive. For example, employees were supposed to receive their wages on 03/06/2019, and the employer paid it only on 03/20/2019, respectively, in this case, the number of days of delay will be 14 days (from 03/07/2019 to 03/20/2019 (inclusive)).

By the way, the employer has the right to increase the amount of compensation paid. This amount must be specified in the collective agreement, employment contract or in the LNA (Article 236 of the Labor Code of the Russian Federation).

Penalty for non-payment of compensation for delayed wages

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

• from 30,000 rubles up to 50,000 rubles - for the organization;
• from RUB 10,000 up to 20,000 rubles - for officials organizations;
• from 1000 rub. up to 5000 rubles - for individual entrepreneurship employers.

Compensation for delayed wages: personal income tax

If the employee is paid compensation for delayed wages in the amount established by the Labor Code of the Russian Federation, then it is not subject to personal income tax (clause 3 of article 217 of the Tax Code of the Russian Federation, Letter of the Ministry of Finance dated 02.28.2017 N 03-04-05 / 11096). If the employer pays compensation in an increased amount, then personal income tax must be charged for the difference between the amount of compensation established by the employer and the amount established by the Labor Code of the Russian Federation.

Wage Delay Compensation: Insurance Premiums

Regarding the accrual of insurance contributions from compensation for delayed wages, disputes between employers and inspectors have been going on for a long time - since the time when the Pension Fund was in charge of the contributions. The thing is that given view payments are not directly named in the list of non-taxable. In this regard, according to the Ministry of Finance, contributions should be assessed from compensation for delayed wages (see, for example, Letter of the Ministry of Finance dated 09.24.2018 No. 03-15-06 / 68161; Letter of the Ministry of Finance dated 09.24.2018 No. 03-15-05 / 68049). However, the Supreme Court considers that compensation for delayed wages refers to compensation related to the employee's performance of his job responsibilities, which, in turn, are not subject to contributions (Definition of the Aircraft of 05/07/2018 No. 303-KG18-4287). But if you are not ready to bring a dispute with the tax authorities to court, it is safer to charge contributions from compensation for delayed wages.