The manager does not pay salary: when a fine of up to 17 thousand UAH and criminal liability threaten
Non-payment or delay of wages is a violation of the employee's labor rights. The law guarantees every employee the right to payment according to the terms of the employment contract and collective agreement, and the employer cannot independently worsen the payment conditions.
Salaries must be paid as a priority. That is, the employer is obliged to settle accounts with employees first, and only after that to make other payments.
What is considered wage arrears
Wage arrears are considered the salary that was not paid to the employee by the end of the month in which it was supposed to be paid. The debt amount includes all accruals except mandatory deductions — personal income tax and unified social contribution.
These guarantees apply to all categories of employees — full-time employees, part-timers, contract workers, as well as dismissed persons to whom the employer has not made the final settlement.
What fine threatens the employer for salary delay
For violation of salary payment deadlines or partial payment, the employer is subject to administrative liability. For the first violation, the fine ranges from 30 to 100 non-taxable minimum incomes of citizens — from 510 to 1700 hryvnias.
If the violation is repeated within a year or concerns a minor employee, a pregnant woman, a single mother or father, as well as a person raising a child under 14 years old or a child with a disability, the fine increases — from 100 to 300 non-taxable minimum incomes, i.e., from 1700 to 5100 hryvnias.
When criminal liability arises for non-payment of salary
Criminal liability may arise in case of unjustified non-payment of wages for more than one month if it was done intentionally by the manager. In such a case, the law provides for a fine from 8500 to 17,000 hryvnias, corrective labor for up to two years, or probation supervision for up to two years with deprivation of the right to hold certain positions or engage in certain activities for up to three years.
Where to turn if the employer does not pay salary
In case of non-payment of salary, the employee can directly contact the employer with a demand to repay the debt. It is also possible to file a complaint with the State Labor Service of Ukraine, which has the right to conduct an inspection and require the elimination of violations.
Additionally, the employee can go to court to recover the wage arrears.
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