FORGOTTEN TO PAY TO THE DISMISSED EMPLOYEE SALARY: CAN THE EMPLOYEE RECEIVE THE COMPENSATION FOR THE DELAY?
If you “forgot” to pay something? So, the final settlement with the dismissed employee occurred on time. But later it turned out that he was not mistakenly paid any amount. For example, they did not pay salaries for the day of dismissal, they did not give out the full amount of compensation for unused vacation, indexation, compensation for work on a weekend, etc.
As the judicial practice shows, the “late” payment of the “forgotten” salary, indexation, etc., may become an occasion for the employee to go to court to recover the average earnings for the entire delay on the day of the actual calculation.
And the courts satisfy such requirements. For example, the Supreme Court considered a similar situation – the employee was fired, “forgot” to pay him indexation, but he did not forget and went to court. In this situation, the employer was forced to pay off part of the average earnings in proportion to the share of “forgotten” indexation. In the case of the APU ruling, the employer generally had to pay off all the average earnings during the delay – due to a problem with non-payment of work on the day off.
But again, it must be borne in mind that, after the company accrues and pays this amount to the employee, the employee has only three months to go to court to recover from the former employer (part 1 of article 233 of the Labor Code).
For compensation for the delay do not worry. But compensation for the delay in payment of wages in this case does not need to accrue. So, according to Order No. 159, the employer is obliged to accrue and pay employees compensation for the loss of part of the salary if they delayed its payment by one calendar month or more. That is, compensation for the delay must be accrued only if the previously accrued income to the employee has not been paid in a timely manner. In our case, if the “forgotten” salary for the day of dismissal (indexation, compensation for unused vacation) is accrued and immediately paid, compensation for the delay is not necessary.
Author: Kristina Vorozhbitova