In accordance with the provisions of Article 157 of the Housing Code of the Russian Federation, the amount of payment for utilities, including electricity, is calculated based on the volume of consumed utilities, determined by meter readings. In the absence of metering devices, the fee is calculated based on the standards for the consumption of utility services, approved by government authorities of the constituent entities of the Russian Federation in the prescribed manner.
The rules for the provision of utility services to owners and users of premises in apartment buildings and residential buildings, approved by Decree of the Government of the Russian Federation of May 6, 2011 N 354, establish that accounting for the volume (quantity) of utility services provided to the consumer in residential or non-residential premises (including electricity) , is carried out using individual, common (apartment), room metering devices.
What is recalculation of an electricity receipt and how is it regulated?
Recalculation for light is a procedure as a result of which the amount of charges is brought into line with actual consumption. The discrepancies themselves are eliminated by entering updated data into the energy sales information base on the use of the service.
The tenant or homeowner receives an adjusted invoice that must be paid . The entire procedure is regulated by the norms of the Government of the Russian Federation of May 6, 2011 No. 354 “On the provision of utility services to owners and users of premises in apartment buildings and residential buildings.”
Attention! The updated receipt indicates the basis for the change in amount. Recalculation is always reflected in a separate column.
Errors in salary calculations
No one is immune from mistakes. A payroll accountant is no exception. Therefore, errors in calculating employee earnings are common. How to correct the identified defect depends on the result of the error.
For example, it may be necessary to recalculate wages if an underpayment is detected. In other words, the employee was actually paid less than he earned. The employer must correct the mistake and transfer the money. Moreover, no additional consent is required from the subordinate to recalculate upward. The basis for additional payment is the order of the manager.
If an overpayment is detected, the situation changes dramatically. An employer can forgive overpayment to a subordinate. For example, as a reward for good work or out of the kindness of your heart. But it also has the right to retain the surplus by issuing an order.
A number of requirements must be met:
- The retention period cannot exceed one calendar month from the date of the error.
- The employee must submit an application for recalculation of wages or written consent to deduction.
- It is possible to issue a return through the cashier. That is, the subordinate returns the excess in one amount at once.
- Partial withdrawals from earnings are possible. For example, in the amount of 25% of the salary, until the overpayment is fully repaid. Determined in the employee’s application for salary recalculation.
- The subordinate has the right to challenge the employer’s demands to withhold the overpayment.
The employee’s consent is drawn up in the form of a document.
IMPORTANT!
Even with the written consent of the subordinate, it is impossible to deduct more from the employee’s salary than is established at the legislative level: the recalculation of wages (Article of the Labor Code of the Russian Federation No. 137) cannot exceed the restrictions on the maximum amount of deductions. We will have to postpone part of the research to next month.
A counting error should be considered arithmetic shortcomings in the calculation of wages. They also include software failures when working in specialized accounting programs. But technical errors (for example, errors when entering data into the program, using incorrect data in calculations) made through the fault of the employer are not countable. Salary adjustments are not made due to technical errors.
Reasons
The cost of the service may be changed in the following cases:
- Transmission of data in violation of deadlines. This applies to cases where, due to late provision of readings by the user, the amount was determined using a common household device or averaged data.
- Lack of information on electricity consumption for the past period, when the consumer did not transmit data at all. In such cases, the energy sales company calculates the amount based on the average data it has. This value cannot be accurate and therefore a recalculation is made.
- Temporary absence of the owner or tenant of the property, as a result of which he was unable to monitor instrument readings, and the amount was calculated automatically.
- The data was entered incorrectly.
- Meter malfunction. If the meter fails and after replacing it, different readings are given, then recalculation is required.
Residents can be present during this procedure and must make their mark on the correctness of the recorded volumes of electricity consumption.
2.3. Recalculation of electricity charges in case of temporary absence of a consumer
In this case, recalculation is made on the basis of a written application from the consumer for recalculation, submitted before the start of the period of temporary absence of the consumer or no later than 30 days after the end of the period of temporary absence (clause 91 of Rules No. 354
).
The application must be accompanied by documents confirming the duration of the period of temporary absence, as well as an inspection report to determine the lack of technical ability to install a metering device.
If an application is submitted before the start of the period of temporary absence, the consumer has the right to indicate in it that documents confirming the duration of the temporary absence cannot be submitted along with the application (with a description of the reasons) and will be presented after the consumer returns (clause 92 of Regulation No. 354
).
The recalculation is made based on the number of complete calendar days of absence, excluding the day of departure from the residential premises and the day of arrival at the residential premises (clause 90 of Rules No. 354
).
Where to contact?
Please contact your service provider. It depends on who the contract for the supply of electricity was concluded with. Such an organization could be a management company, a homeowners’ association, a housing cooperative or an energy supply company.
Required documents
The interested party will need to prepare:
- Service agreement.
- Payment receipts.
- Documents confirming the fact of temporary absence from the place of residence, for example: travel certificate;
- travel tickets;
- invoices for hotel or hostel accommodation;
- certificate from private security.
Drawing up an application
The application must be made in writing . It states the following:
- Name and address of the service provider.
- Information about the interested party:
- Full Name;
- passport data;
- place of residence;
- contact number.
- Reasons for contacting, for example, temporary absence.
- The period for which recalculation must be made.
- List of attached documents.
- Date and signature of the applicant.
We do not recommend completing the documents yourself. Save time - contact our lawyers by phone:
8 (800) 350-14-90
The appeal can be submitted in person, sent by mail or through a legal representative.
The application can be submitted in two copies , one of which the payer keeps. It must indicate registration with the service provider. If the application is sent by mail, it is better to send it by registered mail with notification.
Deadlines
The payment amount is adjusted by the service provider within 5 working days from the date of receipt of the payer’s request.
Obligation to recalculate the amount of payment for electrical energy
The electricity supply organization is obliged to check directly upon the consumer's request the correctness of the calculation of the amount of electricity charges presented to the consumer for payment and immediately, based on the results of the check, issue the consumer documents containing correctly calculated payments. If it is impossible to carry out such an inspection directly upon the consumer’s request, the inspection can be carried out within a month from the date of the consumer’s application.
If a discrepancy is established between the volume of electrical energy and the readings of the meter being checked, which was used to calculate the amount of payment for electricity for the billing period preceding the inspection, the electricity supply organization is obliged to recalculate the amount of the fee and notify the consumer about the amount of the overcharged fee. Excess amounts paid by the consumer are subject to offset when paying for future billing periods.
If you need a qualified and experienced lawyer in disputes with energy supply organizations, contact the Kirpikov and Partners center.
On what grounds can they refuse and what to do in this case?
Refusal is possible if the user has not provided documents confirming the validity of his application , for example, confirmation of the fact of absence from his place of residence during the billing period.
A refusal can also be obtained if the employer or owner did not contact the service provider within a month from the moment payment discrepancies arose and did not provide access to the electricity meter. If the user considers the refusal to be unfounded, he has the right to file a complaint with the housing inspectorate.
If such an action does not produce the desired result, then a statement of claim should be filed and the issue resolved in court.
Checking the status of electricity metering devices
The electrical energy meter must be protected from unauthorized interference in its operation. In cases where there is a discrepancy between the actual readings on the meter and the readings billed for payment, the consumer should contact the electricity supply organization with a request to verify the correctness of the calculation of payments for electricity. In this case, a representative of the electricity supplying organization goes to the consumer’s location to verify the electricity meter readings and assess its condition.
When checking the condition of the electrical energy meter, the following must be checked:
- integrity of the electricity meter, absence of mechanical damage, absence of holes or cracks not provided by the manufacturer, tight fit of the indicator glass;
- the presence and safety of control seals and indicators of antimagnetic seals, seals and devices that allow recording the fact of unauthorized interference in the operation of the meter, as well as information about its unauthorized opening and the impact of magnetic fields on the elements of the electric meter;
- lack of free access to switching elements (nodes, clamps) of the metering device, allowing interference with the operation of the electric meter.
In what cases is it performed?
Discrepancies between the invoice for payment and the amount of actual energy consumed may arise due to untimely transmission of information about the amount of energy consumed. Upon receipt of real electricity meter readings, electricity is recalculated. This is the main case for this operation.
If you do not provide meter readings, then you will be charged a debt equal to the average energy consumption for each apartment. But when calculating costs for general household needs, a problem arises - using the average value of electricity consumed may be incorrect.
Let’s say that if a person did not transmit the necessary information to the management company in connection with his departure, he, accordingly, did not consume electricity. After the sales organization receives the actual readings and recalculates, the surplus that was initially accrued to the resident will be transferred to the bill for general house needs and will be distributed evenly among all residents.
Important! Recalculation of electricity can work both in favor of the consumer and against him. That is, if you actually consumed more than what was calculated for you, then after recalculation you will pay for real kilowatt-hours, and accordingly vice versa.
For owners of shops and other non-domestic premises located in the house, the recalculation is carried out in the same way. Only if the readings are not transmitted, it is no longer the average values for apartments that are used, but the amount fixed in the contract.
Another reason for recalculation may be incorrect readings taken from a common house metering device (ODPU). In this case, after identifying a significantly different amount from the usual bill, you need to contact the same organization that you pay for electricity.
Note: residents have the right to be present when readings are taken from the ODPU. To do this, find out the date of this procedure from the HOA or management company in advance.
The same situation can occur when taking readings from an apartment meter. You need to require specialists to come again and take the actual values again. Justify your rights with paragraph 61 of the Rules for the provision of public utility services (Government of the Russian Federation dated May 6, 2011 N 354 (as amended on September 15, 2018), namely:
That is, the overpayment for all discrepancies in kWh used is used to pay off subsequent payments.
Due to a malfunction of the meter, recalculation is also done. For example, if there is a sharp increase or decrease in monthly electricity consumption, if after replacing the meter the readings differ greatly from those of the old one and in other situations. Or if the meter itself breaks down. To achieve recalculation of electricity, you need to write an application to the state housing inspectorate, in which you outline the problem, for example, that there are discrepancies in payment bills. But there is no need to emphasize that this happened after replacing the meter. After this, an inspection will be carried out at the management company and the metering devices will be checked. If you are right, you will be recalculated according to tariffs for previous periods.
So, the reasons for recalculating electricity may be as follows:
- Due to lack of evidence.
- Non-occupancy of residents during this period of time.
- If the readings were taken incorrectly.
- Malfunctions of the metering device.
Popular question : “Where to go and how to recalculate electricity?” Contact the management company, HOA, housing cooperative or other energy sales organization that provides you with electricity.
Salary recalculations based on court decisions
One of the grounds on which the employer will have to recalculate wages for the previous year is a court decision or the conclusion of another authorized body. For example, a decision of the state labor inspectorate or the conclusion of a labor dispute commission.
The decision to recalculate earnings can be made either at the initiative of the employee or at the request of the employer. It all depends on the circumstances. For example, if an employer does not pay wages on time and in full, then a subordinate can seek justice through the court.
The employer also has the right to demand the withholding of excessively transferred remuneration through the court. For example, if an employee received an advance, but did not work it out. A similar appeal to the court may be required if the employee took vacation for a year that was not fully worked.
