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The state will pay wage debts: who will be able to claim payments and in what amount

The new draft law of the Ministry of Labor will allow the Russians to rely on the repayment of debts accumulated by the bankrupt enterprise.

The Ministry of Labor has prepared and submitted for consideration a bill that provides for the payment of wage arrears by the state. This applies only to employees who did not receive the money they earned due to the bankruptcy of the employer company.

At the same time, full compensation of debts is not provided – employees will receive no more than a certain amount. According to the document, payments will be made only taking into account the allowable maximum of three average monthly salaries in the region where the bankrupt company operated. The national average salary is now 62,457 rubles a month. That is, estimated compensation can average up to 187,370 rubles, but depending on the region, the figure will be more or less.

The bill also states that compensation will be paid from a special fund. The source of filling the fund will be the fines that are issued to enterprises for violation of labor laws. It should be noted that the road fund works in a similar way, replenished from fines issued for violation of the rules for transporting goods.

It is also worth noting that the fund for compensation will be replenished mainly by representatives of small and medium-sized businesses. After all, it is they who have a consistently high number of violations, although every year the amount of all fines decreases. For example, in 2019, fines were issued in the amount of 3,762.9 million rubles, in 2020 – 3,710.3 million rubles, for the first half of 2021 – 1,368 million rubles.

Against the background of these fines, the statistics of wage arrears look interesting. In 2020, the total debt of bankrupt enterprises amounted to 2,380.2 million rubles. During the proceedings, only 823 million rubles were paid.

Respectively, if we compare the amounts of fines for 2020, then the compensation fund will be able to cover all debts. In recent years, the number of fines has decreased significantly, but there are no accurate statistics on the debts of bankrupt enterprises at the moment.

Therefore, it can be expected that at first the volume of the fund will not be enough to pay all compensations, even taking into account the restrictions on the average monthly salary in a particular region. Indeed, according to the analytical service of the audit and consulting network FinExpertiza, based on information from the Federal Tax Service, from March to June 2022, about 113.5 thousand commercial enterprises were closed in Russia, which is 17.5% more than in the same period in 2021 . And the main goal of labor supervision is to reduce the number of violations (and hence the number of fines imposed).

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