Forgot to pay the salary to a dismissed employee? Accountant Tips

Forgot to pay the salary to a dismissed employee? Accountant Tips

Author

Vorozhbitova Krystyna

If you "forgot" to pay something extra? So, the final settlement with the dismissed employee took place on time. But later it turned out that he had not been paid some amount by mistake. For example, they did not pay the salary for the day of dismissal, did not give out the entire amount of compensation for unused vacation, indexation, compensation for work on the day off, etc. As the court practice shows, the “late” payment of the “forgotten” salary, indexation, etc. . may become a reason for the employee to apply to the court for the recovery of the average earnings for the entire delay on the day of actual settlement. And the courts satisfy such requirements. For example, the Supreme Court considered a similar situation - an employee was fired, they “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 the "forgotten" indexation. In the case of the resolution of the Armed Forces of Ukraine, the employer generally had to pay off the entire average earnings during the delay - due to the problem of non-payment for work on the day off. But again, it must be borne in mind that after the company additionally calculates and pays the employee this amount, 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). We are not worried about compensation for the delay. But compensation for the delay in the payment of wages in this case does not need to be charged. So, according to Order No. 159, the employer is obliged to calculate and pay compensation to employees for the loss of a part of the salary if he has delayed its payment by one calendar month or more. That is, it is necessary to calculate compensation for the delay only if the previously accrued income is not paid to the employee in a timely manner. In our case, if the “forgotten” salary for the day of dismissal (indexation, compensation for unused vacation) is charged and immediately paid, there is no need to charge compensation for the delay.