Appeal decided positively

The Office of the Human Rights Commissioner in the Republic of Tatarstan is often approached by citizens-recipients of alimony (most often mothers) with a request to assist in receiving payments for a child from an abusive parent.

Recently, we were approached by a father who voluntarily pays alimony, and would like the accounting office to immediately transfer money for child support. The accountant refused him, citing the absence of an executive document. And since there is no document, there is no reason to retain alimony.

For this reason, I would like to draw your attention to the fact that the employee’s written application for the voluntary payment of alimony in the absence of a court decision or a notarized agreement on the payment of alimony may constitute the basis for the payment and transfer of alimony to the recipient.

By order of the Federal Labour and Employment Service of 11 November 2022,253 guidelines for compliance with the mandatory requirements of labour legislation were approved.

Voluntary payment of alimony refers to deductions from wages at the employee’s will. The Manual of Compliance with Mandatory Labour Laws states that the withholding of the employee is based on a written application.

An employee has the right to apply to the employer for deduction from salary and subsequent transfer of the withheld funds to other purposes, including maintenance. Unlike union dues, the employer is not obliged to impose any additional duties on his accountancy, but may do so by agreement with the employee.

Let us not forget the restrictions imposed by article 138 of the Labour Code. If maintenance payments are made on minors, the deduction from wages in such cases may not exceed 70 per cent. When the total amount of all deductions for each payment of wages cannot exceed 20 per cent and, in cases provided for by federal laws, 50 per cent of the wages due to the employee.