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Saturday, October 22, 2016

How to force the employer to pay salary arrears

While Russians are massively poorer, officials saw a rise in wages. At the very least, a positive trend is noted by the Minister of labour and social protection Maxim Topilin. According to him, the thinner wallets of our compatriots began to re-grow. However, earnings growth among ordinary citizens recorded only in the last two months: in may it reached 1% in June and 1.4%. According to Topilin, domestic enterprises gradually out of the salary crisis. However, the strike among employees due to delays of salaries saying, alas, otherwise. On July 1, 2016, the total wage arrears in Russia is 3 billion 804 million rubles.

photo: pixabay.com

Why the Russians have empty wallets?

Nothing so characterizes the standard of living of the population, as wages and real disposable money incomes. These two indicators speak for themselves.

So, according to Rosstat, referenced by Maxim Topilin, Russia recorded an increase of wages. “In recent months we have seen a positive trend — a gradual increase in real wages. According to Rosstat, in may real wages rose 1% in April, and in June — 1.4% by may,” said the Minister of labour and social protection.

This trend experts attribute the sharp decline in inflation. In June, nominal wages increased by 9%, and inflation slowed to 7.6%, the result of real wages in the last month increased by 1.4%.

“Real wages, that is salaries adjusted for inflation, it would seem, reflects the potential purchasing power of the population. Its increase in June to 1.4% was better than the preliminary forecasts, suggesting a decrease of 1%. This situation is possible largely due to the significant reduction of inflation in recent months in connection with the growth of exchange rate, stabilization in the oil market. The rise in consumer prices slowed down from 12.9% in 2015 to 7.6% in June in annual terms,” — says “MK” analyst GK TeleTrade mark in real.

But the current situation with the salaries of our compatriots can not be called positive. “Only the last two months in a row real gross wage increases. In June, the increase was only 1.4% in annual terms, while during the peak drop in March of 2015 we have seen the collapse of 10.6%. In General, to be able to talk about stabilizing the situation, it is necessary that the growth rate was 4-6% in annual terms as it was in 2013, before the start of the crisis,” — said a senior analyst at GK FOREX CLUB Alena Afanasyeva.

Moreover, based only on data on real wages is incorrect. More clearly reflect the level of welfare of the population, the real disposable income — all payments are adjusted not only for inflation, but reduced by the amount of taxes. Simply put, this means that people receive. But they, unfortunately, continue to fall. Moreover, it lasts 20 months. “In June, the decline still amounted to 4.8% in annual terms. Although, on average, in 2013 growth was around 4%. That’s when real disposable income will grow at least 3-4%, then it will be possible to speak about stabilization of the financial state of the population”, — said Alena Afanasyeva.

As a “knock out” debts on a salary?

Meanwhile, according to Maxim Topilin, the growth in real wages suggests that “businesses and organizations are gradually emerging from “salary” crisis and find resources for material incentives”. This may be to believe, if not for the growing debt of employers to employees.

It has even come to strikes. So, last week, almost 30 employees of a metallurgical plant in the Sverdlovsk region began a hunger strike due to unpaid wages. The management of the company owed to the Urals about 11 million rubles.

However, the situation with wage arrears during the crisis are not uncommon. According to Rosstat, as of 1 July 2016 this indicator in the whole country amounted to 3 billion 804 million rubles.

Arrears of wages due to the lack of organizations ‘ own funds on July 1, 2016 amounted to 3 billion 646 million rubles, due to late receipt of funds from budgets of all levels — 18 million roubles.

In the total amount of overdue wage arrears 38% are in manufacturing, 32% for construction, 10% on transportation, 6% mining; 5% — on agriculture, hunting and services in these areas, logging, 4% on research and development.

But, according to experts, this is not the worst. “Overall, the growth of arrears of wages looks to be non-critical compared to the June 2009 crisis, when the index jumped by 214,2%. If we take the situation of this year, in the last 3 months the level of debt decreases with the April high of 4 billion 471 million rubles. If this trend continues, and the monthly amount of delay will be reduced at least 150-200 million by the end of the year this indicator will reach the level of June last year” — analyst GK FOREX CLUB Irina Rogova.

But as the expert warns, to maintain such a rate will not be easy. The increase in debt due to lack of own funds. “Count on state subsidies then it is not necessary, as the budget deficit, and without yet exceeding the planned 3% of GDP,” predicts Irina Rogova.

It is therefore possible delays in salaries. And, as practice shows, the situation may occur that this happens does not depend on the employer’s reasons. In this case a reasonable question arises: how much can detain the salary?

According to article 136 of the Labour code, wages must be paid at least twice a month in full in terms established by the current legislation and the employment contract.

“Delayed payment of wages even for 1 day is a violation of the law by the employer. And if the delay exceeds 15 days from the due date, then the employee has the right not to start work before payment of the detained sum. While it retains the average earnings. Note that absence from work can be counted as absence if about it in written form to notify management. However, once the money is secured, the worker needs to return to the workplace not later than the next day from the date of payment,” — says “MK” managing partner of the bar “starinsky, Cartago and partners” Eugene, Cartago.

With the complete non-payment of wages for two months or more sanctions have been applied in accordance with the Criminal code.

The aggrieved employee also has the opportunity to apply to the state labour Inspectorate which exists in each region. Body designed to enforce the Labor code. You should write a written request in a free form. Anonymous statements of service is not considered. To conversion it is desirable to attach the documents confirming the fact of violation by the employer, for example, proof of nonpayment. The inspection will be carried out verification, if found violations, the employer will impose sanctions. “In addition, the employee may appeal to the labor dispute Committee for a period of up to one year from the day when he learned about the violation of his rights. The employee also can file a complaint on the unfair of the employer to the Prosecutor or the court of General jurisdiction, filing a claim based on article 21 and 136 of TK of the Russian Federation. By law, the employer cannot prevent the employee to go to court, but he is able, under various pretexts, to prolong the decision of a question on payment. As a result, the deadline for applying to the court for employees to be missed,” says lawyer Vladimir Postnik.

Meanwhile, the content of the pockets of our fellow citizens every day smaller and smaller. Experts say that would be indicative of summing up 2016, when it will be possible to take the forecast and actual results. However, it is already clear that even if the progress in the issue of income growth will be, a minor.

That life has become harder for most people, according to opinion polls. In 90% of regions average earnings are less than 20-22 thousand rubles. With more than 75% of Russian families with one child barely pay enough for food and bills, and families with two or more children and are not able to feed themselves.

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