Employer's liability in connection with late payment of wages and compensation payments
When deciding to satisfy these claims, the courts are guided by the norm of paragraph 4 of Article 134 of the Labor Code, which provides for the employer's obligation to pay the employee arrears and penalties at the refinancing rate of the National Bank of the Republic of Kazakhstan on the day of fulfillment of the obligation to pay wages for each day of delay, starting from the next day when payments were due they are made, and ends on the day of payment.
At the same time, the courts proceed from the fact that, according to the law, the basis for collecting penalties is a delay in payment of wages and other payments related to the termination of an employment contract with an employee due to the fault of the employer.
The calculation of the penalty for late payment of wages should be carried out according to established practice according to the calculation of the National Bank used for calculating penalties and interest in the banking sector - the amount owed is multiplied by the number of days overdue and the amount of the bank's refinancing rate on the day of fulfillment of the obligation, the amount received is divided into 360 days and 100%.
In practice, when collecting monetary compensation for unused vacation, plaintiffs also demand the collection of penalties for late payment, which, as a rule, is collected by the court.
Thus, the district court No. 2 of the Kazybekbiysky District Court of Karaganda considered a case on the claim of U.A.M., A.N.V., S.Y.B. and A. (former T.) E.A. to Karaganda Stroy Project LLP for the recovery of compensation for unused work leave, penalties, and the obligation to transfer pension contributions to retirement accounts. The plaintiffs motivated their claims by the fact that U.A.M. worked for the defendant from 14.07.2007 to 09.07.2013, A.N.V. – from 01.11.2007 to 29.03.2013, S.Y.B. – from 02.12.2011 to 29.03.2013, A.E.A. – from 11.04.2011 to 29.03.2013. The claims of all four plaintiffs were partially satisfied due to the defendant's submission of written evidence in the form of time sheets, a list of employees for whom mandatory pension contributions were transferred for February 2013, and the calculation of compensation for unused vacation for U.A.M. According to these written evidence, the court found that U.A.M. Compensation for unused vacation in the amount of 89,218 tenge with penalties in the amount of 9,773 tenge is due for 2012-2013, and pension contributions were made to all plaintiffs in February 2013. The plaintiff, A.N.V., after the defendant provided evidence, agreed that it was necessary to transfer pension contributions to her retirement account only for March 2013.
134 of the Labor Code of the Republic of Kazakhstan, if the payment of wages and other payments related to the termination of an employment contract with an employee is delayed due to the fault of the employer, the employer pays the employee arrears and penalties, and no later than three working days after the termination of the employment contract.
Therefore, the court reasonably paid the plaintiff U. A. M. the amount of compensation for unused work leave for 2012-2013 and a fine. Regarding the claims of the other plaintiffs on the defendant's obligation to transfer pension contributions, these claims were also satisfied, since this obligation is imposed on the employer in accordance with the law.
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