The economic crisis is caused by the growth of arrears of employers. Moreover, in such situations, the only exit that guarantees a full calculation becomes the trial.
However, in such circumstances, employees of the owned enterprises will need to make an application or a claim for the calculation of overdue payments. We'll figure it out how to calculate the salary debt correctly.
Dear readers! Our articles tell about typical ways to solve legal issues, but each case is unique.
If you want to know how to solve exactly your problem - contact the online consultant form on the right or call 8 (800) 511-91-49. It's fast and free!
Nuances calculations
If the employer has crossed the payment of staff and the case reached the court, the employee is required to attach the calculation of the earned, but non-declared amount
Since the independent calculation of arrears of earnings in the enterprise in everyday life does not apply, if necessary, citizens are faced with a serious problem.
However, this task is not difficult if competently approach the solution of such a question.
Key criteria here is the knowledge of the date and the exact amount of the transfer of funds. These parameters will help you quickly find out the desired figure.
Considering that the legislation provides for monetary remuneration for staff work at least twice a month, it will take time from the date of the delay in advance and the final calculation.
To clarify the size of the salary, it is appropriate to referred to the company's tariff net or regiments of the daily or hourly generation. The duration of the delays The employee calculates, based on the specific situation.
Calculation of wage debt for the court needs a careful approach of the employee to the task
This document implies an indication of the names of the enterprise and the initials of the employee who appeals for help to the court.
In addition, in general provisions, the size of the fixed rate is specified here, the period of delay in payments and the amount of funds listed by the employer.
Below the employee conducts calculations that are convenient to issue in the form of a table.
Moreover, in such a situation, it is advisable to conduct a monthly settlement of the salary debt for the court to eliminate the likely errors and inaccuracies.
The last step is to summarize the figures received and derived the final value of the requirements for the owl organization. However, an additional option is used for correct filling in the form - the accrual of the penalty. We learn the details of the specified point below.
We understand with compensation payments
However, Article 236 of the Labor Code of the Russian Federation involves the right of an employee to compensate for the expectation of payment of earnings
Now find out the details of the question, as the calculation of interest on the salary debt occurs.
Here, the rights of the legal regulations of the Russian Federation come to help readers.
236 Article of the Labor Code makes the requirement by an employee from an employer of daily penalties.
It is with this part of calculations that citizens arise difficulties, because in such a situation it is important to correctly determine the required amount.
Let's start with theoretical questions. The general formula for which the desired value is calculated, it looks like this: "H \u003d SZP X P X 1/150 x Wed".
In this equation, the ZZP value shows the amount of arrears of the employee's salary, and the value of "P" determines the delay period. As for the "Wed" parameter, it is customary to include the size of the refinancing rate of the Central Bank. But the value of 1/300 is averaged magnitude of the penalty.
Note! The amount of daily compensation is prescribed in the labor agreement. To correctly make an application to the suit, check the value of this contract item.
As a rule, employers prescribe the amount of daily penalties. In such situations, the calculation formula changes and acquires the following form:
"H \u003d zzp x p x 1/150 x kk".
Moreover, the magnitude of the "QC" means the desired coefficient of compensation as a percentage. As you can see, such a small nuance often becomes the reason for refusing to satisfy the claims of the employee due to the incorrectly specified amount of recovery.
Example of standard calculation
To facilitate the reader's task, we will make a sample calculation of debt size and penalties. Suppose an enterprise pays advance payments of the 4th day of each month, and the residue of the amount of the personnel receives on the 28th day. The size of the salary of the employee who owes the company is 35,000 rubles. Moreover, the payment of the advance here is equal to 15 000 r., And the salary is 20,000.
If the labor contract does not define the size of the penalty, the employee in the calculations uses the refinancing rate established by the Central Bank
The company stopped the transfer of funds from July 5, 2016, and the employee calculates the amount of arrears, which was formed by October 1, 2016. The first stage is to determine the amount of the debt of salary payments. For three full spent, but unpaid months, debt accumulated in the amount: 35,000 x 3 \u003d 105,000 rubles. Now it is required to calculate the penalty.
The first step here is the definition of the number of days, during which the transfer of funds was delayed.
We compile such a table:
Now we substitute the results obtained into the formula described above. To not get confused, it is convenient to summarize all values. Thus, the magnitude of the "ZP" \u003d 105,000, "P" \u003d 87. The refinancing rate for that period was 11% or 0.011. Accordingly, the penalty is calculated according to the following parameters: 105 000 x 87 x 1/150 x 0.011. As a result of the calculations carried out, we obtain the number 334.95. Thus, the size of the penalty is 334 rubles 95 kopecks.
Sample computing with a penalty prescribed in the agreement
In situations where the amount of daily penalty is indicated in the Agreement, the employee uses this value in the formula
Determine with examples of calculations of the amount of shortage of staff earnings in situations where the employer in the employment agreement studies a specific betting bet.
We will carry out calculations for already voiced indicators. The only difference here becomes the penalty indicated in the contract, which is 0.08% per day of delay.
Accordingly, in such circumstances, the equation is used: "H \u003d ZZP X P X QK".
We substitute the obtained values \u200b\u200band we get such a formula: "105 000 x 87 x 1/150 x 0.08%". After a series of mathematical actions, we obtain a result equal to 48.72. Thus, the resulting number and becomes the sum of the employee of compensation payments.
Note! In this situation, when drawing up a claim for a certain amount, the debtor's debtor's employee is appropriate to summarize both of the indicator obtained.
In addition, the legislative procedure allows for additional payments: moral damage and expenses incurred due to the need for a trial.
Moreover, in the second case, the amount of reimbursement the plaintiff determines, guided by receipts on the payment of court costs. The size of compensation of moral harm is evaluated independently.
Features of the daily definition of damage
For daily counting arrears requires knowledge of precise salary size and period of delay
We now turn to the lighting of a different aspect that concerns the salary arrears.
In such circumstances the employee comes in handy knowledge of the exact figure of the monthly rate and days when the advance is listed and the residue.
Suppose the employee is scheduled for 32,000 rubles. Moreover, the enterprise translates the advance payment in the amount of 10,000 rubles of the 10th, and the full calculation takes place 25.
The staff received a part of earnings according to the schedule, however, the payment of the balance was detained up to the 6th day of the next month. Accordingly, the employee filed a court earnings and penalties.
Note, starting such calculations is appropriate from determining the number of days of delay. In the example above, this figure is 11 days when the month of 30 days is durable.
If you need to clarify the size of earnings per day, it is appropriate to divide the amount of the salary for the number of working days or refer to the regulatory documents of the company
Then we are determined with the size of the debt. Since the employer paid an advance payment in time, the enterprise owed the staff of 22,000 rubles.
In 2017, the formula for calculating the penalty will be like this:
"22 000 x 11 x 1/150 x 0.09".
While the refinancing rate is 9%. Accordingly, the size of the penalty here will be 145 rubles 20 kopecks.
If the employee is interested in the size of the daily salary, it is advisable here to learn the internal documentation of the company or divide the amount of the monthly rate on the number of working days of the month.
In cases where the payment is accrued with hourly, the employee multiplies the number of hours on the payment parameters specified in the company's form. We note the listed uncomplicated actions are departed by citizens when personal rights are required.
Consider that on time paid employment remuneration indicates the accuracy of the management and financial growth of the organization. However, periodic delays are likely and periodic delays in temporary economic difficulties. In this situation, it is inappropriate to go to court. The first step here is to communicate with the employer and finding out the question of the employee of the question.
Consider, such issues require flexibility and collens - after all, random delay is not excluded due to the influence of external factors, but the limit of the limitation of the recovery is reduced to 3 months
The submission of a complaint to the employment inspection, the prosecutor's office or the appeal to the case is appropriate only with the categorical refusal of the director in the repayment of the accumulated delay. However, in 60% of cases, the employment team can resolve such problems in pretrial procedure.
Remember! Even the delay of payment on a day legally gives the right to employee to demand the amount of remuneration. But if the proceeding becomes a consequence of external factors, it is appropriate to wait 2-3 days, voicing the company's management problem.
We note, slow in such situations is also inexpedient, because in this case it is reduced to 90 days. We hope that they helped readers to deal with the nuances of the question under consideration and suggests to learn how the type of debtues refer to the specified category of payments. This issue tells the publication.
