EMPLOYMENT PAYMENTS AND RUSSIAN BANKRUPTCY
Compensation for delayed wages during an employee’s bankruptcy requires two checks: what the employer owes and how money received is treated in the proceedings. The word “compensation” in a transfer description does not itself allow the entire amount to be kept outside the bankruptcy estate.
Payment basis
Separate wage arrears from delay interest and other sums awarded.
Period-by-period calculation
Check dates, outstanding balances, rate changes and partial payments.
Access to funds
Recovery from the employer and release of money in bankruptcy are different questions.
What Article 236 of the Labour Code provides
Article 236 of the Labour Code provides monetary compensation for late employment payments. The general minimum uses 1/150 of the Bank of Russia key rate applicable at the time for each day of delay. The period starts on the day after payment was due and includes the actual settlement date.
The obligation does not depend on the employer’s fault. An employment or collective agreement or local employer rules may increase the amount. Partial settlement changes the outstanding balance. If sums were not accrued on time and a final court judgment recognises the entitlement, the law also provides compensation taking account of the proper original payment deadline.
This guide concerns the employee’s own bankruptcy and ordinary delayed wages. It does not replace the rules for submitting claims when the employer organisation is insolvent.
Checking the calculation, not just the total
| Situation | What to check | Common mistake |
|---|---|---|
| Wages accrued but unpaid | Due date, settlement date and debt amount | Starting only when the employee contacted the employer |
| Part of the debt paid | Payment dates and changing balance | Using the original debt for the entire period |
| The key rate changed | Separate intervals for the applicable rates | Applying today’s rate to every past day |
| A court recognised unaccrued wage entitlement | The final judgment and proper payment deadline | Confusing these wages with other judicial awards |
For an interval with an unchanged balance and rate, the general calculation is: outstanding amount × rate as a decimal ÷ 150 × days. Add the interval results and separately check any enhanced contractual terms. No current rate is stated here: an actual calculation needs the values for the specific dates, not an arbitrary percentage.
Illustrative example with partial repayment
This demonstrates the arithmetic; 15% is hypothetical and is not presented as the current rate. Suppose the calculation base is RUB 30,000. It remains unchanged for the first 10 days of delay, including the partial-payment date. After RUB 10,000 is paid, the base is RUB 20,000 for the next 5 days, including final settlement. At the unchanged hypothetical rate, without an enhanced amount: 30,000 × 0.15 ÷ 150 × 10 = RUB 300; 20,000 × 0.15 ÷ 150 × 5 = RUB 100. Total compensation is RUB 400 in addition to the principal.
This does not calculate the amount you may personally receive during bankruptcy. Tax treatment, the document-supported calculation base and allocation of receipts require separate review.
Why the label does not protect the whole payment
Article 101(1)(8) of Law No. 229-FZ lists particular employment compensation payments, such as business-trip expenses and wear of tools. It is not a general exemption for every sum called compensation. Ordinary compensation for late wages does not become fully protected merely because it arises under the Labour Code.
During asset realisation, disclose the receipt to the financial manager. Exclusion of funds is assessed under Article 213.25 of the Bankruptcy Law and paragraphs 1–2 of Supreme Court Plenum Resolution No. 48, considering grounds for protection, other income and amounts already released. Disputes are resolved by the bankruptcy court. Do not automatically add another subsistence allowance for every transfer.
Identify principal, delay compensation, non-pecuniary damages and court costs separately. The same payer does not give all the money the same legal character.
A special rule for non-pecuniary harm from a workplace accident
In Resolution No. 44-P of 15 December 2025, the Constitutional Court explained Article 236 in relation to delayed compliance with a judgment awarding non-pecuniary damages for a workplace accident. Interest runs from the day after the judgment becomes final through actual settlement, inclusive.
This is a distinct starting point. It must not be replaced with the ordinary salary date or automatically applied to every award. The resolution addresses the employer’s liability for delay, not a universal exemption of all such money from the bankruptcy estate.
Five steps for an employee in proceedings
- Document the deadline and debt. Collect the contract, payment-date records, payslips and bank statements.
- Break down the claim. Show principal and compensation separately, with intervals, rates and partial payments.
- Inform the manager. Disclose both the outstanding claim and receipts; keep proof of the request.
- Determine the recovery process. During asset realisation, the manager’s involvement and grounds for an independent claim require separate assessment. See recovering wages as a bankrupt employee. Do not postpone checking time limits while exchanging correspondence.
- Coordinate access after payment. Provide the judgment or employer calculation and a statement identifying the transfer. Request a check of the protected portion, not release of everything solely because of its label.
Frequently asked questions
Is there no compensation if the employer was not at fault?
The Article 236 obligation arises regardless of fault. The delay, period and amount still need to be established from the documents.
Does compensation disappear once wages are paid?
Repayment of principal does not mean compensation for the delay has been paid. Check the settlement breakdown and whether that separate obligation was performed.
Can one rate be used for the entire year?
Only if the applicable rate really stayed unchanged throughout and there were no other changes to the base. First check rate history and partial-payment dates.
Can a small compensation payment go undisclosed?
Size alone does not remove the need to disclose the receipt. Send the manager the calculation; a small amount is not automatically exempt without assessing the grounds.
Need to check compensation and access to the money?
An initial consultation can review payment dates, claim components and the bankruptcy stage. We will identify the documents and requests needed without guaranteeing recovery or full retention of the funds.
Book an initial consultationChecked on 7 September 2026. Information concerns Russian law; individual conclusions depend on the documents.