THE SUPREME COURT EXPLAINED THE NUANCES OF ACCRUAL OF INTEREST ON THE CURRENT REQUIREMENTS OF EMPLOYEES

THE SUPREME COURT EXPLAINED THE NUANCES OF ACCRUAL OF INTEREST ON THE CURRENT REQUIREMENTS OF EMPLOYEES

THE SUPREME COURT EXPLAINED THE NUANCES OF ACCRUAL OF INTEREST ON THE CURRENT REQUIREMENTS OF EMPLOYEES
In the framework of the bankruptcy case (No. A58-1620/2011), the employee filed a complaint about the inaction of the manager, expressed in the non-payment of compensation for unused vacation days and compensation for violation of the deadline for payment of wages.

The courts of three instances granted the complaint.

The Supreme Court of the Russian Federation, canceling judicial acts and refusing to satisfy the claim, noted the following:

"The labor legislation provides for the accrual of interest in the event of a delay in the payment of wages to an employee, in the context of the employer's insolvency, such requirements are current.

At the same time, within the framework of a specific dispute, the courts took into account the insufficiency of funds received from the sale of the debtor's property to repay all current claims, including those specified."

The court authorized the extraordinary satisfaction of employees' claims only within the limits of a fixed amount, which did not include interest. Since the order of repayment of the amount of these percentages was not changed by the court, the manager had no reason to pay it before the repayment of the principal debt to other creditors for the current obligations of the second stage of satisfaction that arose before the debt to employees.


Photo: Freepik


27.02.2023