Теория и практика судебной экспертизы (Apr 2022)

Expert Study of Issues Related to the Calculation and Payment of Wages and Other Payments Established by Law: Guidelines

  • М. М. Vinogradova,
  • N. N. Bondar’

DOI
https://doi.org/10.30764/1819-2785-2022-1-72-95
Journal volume & issue
Vol. 17, no. 1
pp. 72 – 95

Abstract

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The right to receive fair wages is guaranteed by the state. The protection and restoration of violated rights are entrusted to various state structures, including investigative and judicial authorities. To establish an objective picture of the event in question and the fact of non-payment of wages to employees, a forensic economic examination is assigned.The following methodological guidelines consider the main approaches to conducting forensic examinations concerning getting the salary and other payments by an employee. These include the tasks of establishing the correctness of the amounts of wages paid, compliance with the due date for the payments, determining whether the employer has the financial capacity to pay the employees on time and in full. The author gives a list of the objects of expert research and provides their brief description. The article also addresses the content of questions that fall within the competence of a forensic economist and of those that do not. Based on the examples from expert practice, the author gives algorithms for solving the tasks on the calculation and payment of wages. The final part of the guidelines presents a brief analysis of the legal regulation of liability for non-payment of wages abroad.

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