Employer's liability in connection with late payment of wages
When deciding whether to satisfy these requirements, the courts are guided by the norm of paragraph 3 of Article 113 of the Labor Code, which provides for, in case of non-payment of wages in full and within the time limits set by the employment contract, 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 should have been made, and ends on the day of payment.
As a rule, in many courts of the republic, when claiming wages, plaintiffs also claim penalties for late payment of wages, and such claims are satisfied if there is supporting evidence of delayed wages.
The calculation of penalties 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%.
Basically, the courts correctly calculate penalties for late payment of wages.
For example, by the decision of the Nauryzbay District Court of Almaty dated July 11, 2016, the claims of S.S.S. against Yerkinstroyservice LLP for the recovery of wages were satisfied.
The court found that the defendant, in violation of the requirements of labor legislation, did not properly fulfill the obligation to pay wages. According to the submitted payslips, the defendant did not pay the wage arrears for December 2013 - 31 days, 2014 - 365 days, 2015 - 365 days, 2016 - 151 days, a total of 912 days of late payment in the amount of 475,000 tenge, net of individual income tax (IIT) and mandatory pension contributions. Thus, the amount of wage arrears of 475,000 tenge for the above period was subject to collection, with penalties for late payment of wages in the amount of 65,281 tenge.
Penalty calculation: (salary 475,000*5.5%)/365 days=71.58 tenge per day 71.58*912 = 65281 tenge.
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