Labor Code articles on wages. How are overtime paid under the Labor Code? Payment for overtime work: Labor Code of the Russian Federation

The current Russian labor legislation, namely the Labor Code of the Russian Federation, establishes a strict procedure and payment terms wages employees. Violation of these standards may result in the employer being held liable, fines and the obligation to pay the employee and additional compensation payments. Therefore, both ordinary employees and the employer himself, as well as HR specialists and accountants of the organization, should know about the deadlines for paying salaries and what the procedure for these actions is in 2018.

The procedure and terms for payment of wages according to the Labor Code of the Russian Federation - legal regulation

Main normative document, due to which in Russian Federation provided legal regulation labor relations is the Labor Code. Among other things, the Labor Code of the Russian Federation regulates the procedure and timing of salary payments. They are enshrined primarily in the provisions of the following articles of the Labor Code of the Russian Federation:

Article 131. It determines the possible form of salary payment. In particular, it establishes the obligation to pay wages to employees only in the national currency of the Russian Federation or with reference to it, if the payment is made partially in kind in non-monetary form.
Article 133. Indicates that wages must comply with established minimum wage standards.
Article 133.1. It assumes the possibility of establishing separate minimum wage standards for workers in various constituent entities of the Russian Federation, provided that regional standards are not lower than federal ones.
Art. 135. Regulates general principles setting the employee’s wages in accordance with the company’s wage system.
Article 136. Its standards generally consider the procedure, place, and timing of payment of wages by the employer and contain basic standards that both the employee and employees should first be aware of.

In addition, many other provisions of the Labor Code or other regulations of the federal or regional level may affect wage payment issues.

The procedure for paying wages and methods of payment

The salary, as mentioned earlier, should not be lower than the established minimum wage in terms of the standards for working time spent by the employee. That is, in part-time work, and in other situations when the working day is in comparison with the standards established for the profession, type of activity and position, the requirement to comply with the minimum size does not apply. In such cases, it is allowed to pay wages lower than the established minimum wage, in proportion to the time worked or other tariff indicators.

First of all, you should consider the place where salaries are paid. In accordance with the law, wages to employees can be paid either in cash through the enterprise’s accounting department or through a bank by crediting it to the employee’s bank account. Initially, an organization can install regulations any procedure for payment of wages. However, the change in the procedure for paying wages to non-cash payment under the previously valid in cash in accounting is permitted only with the written consent of each employee on staff.

To change payment from non-cash to cash, the consent of all employees without exception is not required. In addition, you should also remember that only one form of payment can be established at an enterprise at a time - either cash or non-cash.

It is also allowed to pay wages in the form of enterprise products in an amount not higher than 20% of the established salary due to the employee. However, it cannot be coupons, promissory notes or other receipts, shares of the enterprise and securities. In addition, it is prohibited to pay wages in alcoholic, poisonous, toxic or other products that have a special circulation procedure. The place and procedure for paying part of the salary must be determined in advance by the condition employment contract or an additional agreement thereto.

Regardless of the procedure for paying wages established at the enterprise, the employer is also obliged to ensure that the following information is communicated to the employee in writing on the payment day:

About everyone components, which comprise the employee’s salary for the reporting period.
About the amount of amounts that are added to wages, including monetary compensation for previously unpaid wages.
About deductions made from wages, their grounds, if any.
About general monetary amount, which will be issued to the employee.

A pay slip is most often used to convey information. The form of the sheet is determined by the employer independently. However, he must necessarily agree on this form with the trade union organization representing the interests of the enterprise’s employees. This approval is carried out in the manner considered by the provisions of Art. 372 Labor Code of the Russian Federation.

The employer has the right to independently choose the bank through which wages will be calculated. However, this does not deprive the employee of the right to disagree with the employer’s decision and demand that he pay wages to a personal account opened in any other bank. The employee must provide this requirement in writing to the employer and the employer has no right to refuse to satisfy it. The period for notifying the employer in this case must be at least five days before the day the salary is calculated - otherwise the employer is obliged to take into account this employee’s requirement only in relation to subsequent payments.

Deadlines for payment of wages according to the Labor Code of the Russian Federation

The Labor Code of the Russian Federation, in addition to the procedure for paying wages, also establishes certain deadlines during which it must be paid to the employee. The deadline is no more than 15 days from the last episode of salary payment in order to comply with the employer’s obligation to pay earned money to the employee at least twice a month. Most problematic issue in this case, there is a situation in which the payday falls on a holiday or weekend.

In this case, the law imposes the responsibility on the employer to pay it directly on the day preceding the day off or days off. If wages must also take into account the work done on that day, for example, at, it is allowed to be paid without taking into account the specified standards with the inclusion of earnings in the next payment, which also should not lag more than 15 days from the date of this payment. Payment of salary after the weekend or holidays is unacceptable and allows the employee to demand compensation for late payment of wages.

Some employers practice receiving from employees a receipt or other document that contains a request to the employer to pay wages once per reporting period, for example, a month. This practice in fact, has no legal basis and is illegal from the point of view of compliance with labor laws. Moreover, even if the employee’s rights are not actually violated and there have been no complaints against the organization, then labor inspection or tax authorities may note the fact of such a violation upon filing reports.

If the employee does not show up for his wages given to him in cash at the enterprise, then the employer is obliged to issue it subsequently at the first time the employee contacts working hours and on a working day in the amount in which it was accrued to him. However, the worker does not have the right to demand compensation or an increase in wages, including by including in it funds for days worked before actual receipt.

Other nuances you should know about payment terms and salary calculation procedures

It should be noted that a situation can often arise when working with credit organizations that the employee cannot receive his salary directly on the day it is accrued. In this case, if the delay in payment was not due to the fault of the employer and the necessary funds were sent from his current account to the accounts of employees or a credit institution, the employer is not responsible for late payment of wages.

In situations where an employee is dismissed, the wages due to him for the entire period worked must be paid on the day of dismissal. Or, if the employee does not show up to receive it, then it can also be credited to his bank card or issued upon request upon the employee’s application to the accounting department. Upon termination of the employment relationship bank card, as well as all costs associated with its maintenance from the moment the employment contract expires, are borne by the employee.

The employer must independently approve the procedure for paying wages and the specific days of the month on which it is made. In this case, the most convenient mechanism is to make payments to all employees from the 1st to the 15th of the month inclusive for one part of the salary. And from the 16th to the 31st of the month for the second part of the funds earned. , although they are not full wages, are paid at least three days before the vacation, but not after it. Wages due during the vacation period are paid in an appropriate manner convenient to the employer without violating the terms of payment.

An employee’s wages are remuneration for his work. According to the legislation of our country, every employed citizen must receive a salary for his activities, which cannot be less than the established minimum wage. When applying for a job, everyone should know the payroll system, and in most cases it consists of salary and other payments. Let's consider the question of what an employee's salary is according to the Labor Code of the Russian Federation.

Salary determination

First of all, it is worth noting that wages in our country are regulated by several laws, primarily the Labor Code and the Constitution of the Russian Federation. That is, in our state the payment of wages is regulated by law, which determines the timing of the amount and procedure for paying wages. Employee salaries can consist of several parts:

salary;
bonuses;
additional payments.

As for additional payments, they can be in addition to the main income, depending on the season, working conditions and other features. Usually they are not fixed in the employment contract and are paid at the initiative of the employer.

Let's return to the question of what salary means. In fact, this is a fixed payment that is due to an employee in accordance with his position and qualifications for a fully worked month, that is, a period in which there was no sick leave or time off. Or in other words, this is one of many wage systems, because some employers pay wages depending on the time worked or volume of production, which is called piecework wages, or at a tariff rate, which is mainly determined per working hour.

Do not confuse two completely different concepts, namely salary and wages. That is, wages are the total amount of income of an employee for a month. It consists of salary and bonus and other allowances. And the salary itself is only a fixed amount that the employee is guaranteed to receive based on the results of the worked pay period.

Salary differences

Despite the fact that a fixed salary is a guaranteed payment to an employee for a month worked, it significantly affects the amount of wages. That is, the employer can reduce the salary or increase it in one calendar month, for example, deduct the amount of the fine for violating labor regulations or damaging property. And also increase for overtime hours worked, part-time work in another position and other labor achievements.

By the way, please note that payment overtime hours is negotiated individually between the employee and the employer, which must be recorded in writing.

Thus, the official salary is the amount of payment that corresponds to the position held by the employees, but does not at all mean that the wages of all employees in a similar position may be the same, if only for the reason that each person may have a different amount of actual work. time.

Conclusion

Now it’s worth summing up that the base salary is a fixed cash payment employee for his work. Without any reason, the employer does not have the right to reduce the amount of this payment if the employee has worked billing period completely, in accordance with his work schedule. On the other hand, salary does not determine wages insofar as, as a rule, it consists of several parts. Although in some organizations there is no system for rewarding employees in the form of bonuses and other monetary allowances.

Thus, when applying for a job, everyone should know what their salary is. What is an official salary is probably clear to everyone. In addition to this, you should definitely pay attention to other conditions of remuneration, because it directly depends on the amount of time worked. For example, if an employee has not worked in full for a month, then his earnings are reduced by the time he did not actually perform his job duties.

Remuneration is very significant section of the labor legislation of the Russian Federation. The work of each employee must be rewarded through the payment of wages. The realization of a citizen’s right to decent wages ensures high level interaction between employer and employee.

Salary is periodic payment, which is due to employees of public and private organizations for a certain period of work done. When setting the salary level, the head of the enterprise must monitor the level of the cost of living. In other words, it is prohibited to set a salary that is lower than the minimum wage.

Minimum wage — minimum wage, which is due to a working citizen. In each subject of the country, depending on economic and social indicators, the cost of living has its own marks.

An employee's salary includes 3 fundamental elements:

Fixed part. In another way it is called salary. This is the main part of the payment, which is established in advance in the employment agreement.
Additional payments. They can be installed depending on the type of activity. For example, an enterprise operating in oil production in the Far North may set a bonus for employees. Part of the additional payment may range from 15-100% of the total salary.
Awards. The bonus payment is not included in the mandatory part of the salary. The head of an enterprise may, at his discretion, establish bonuses for certain categories of employees who have brought maximum benefit for the company. However, according to the terms of the Labor Code, an employee who was unreasonably excluded from the list of persons entitled to additional payment may appeal this decision to the labor inspectorate.

Most private companies in lately are actively switching to a tariff wage rate. What does this mean? The tariff rate is an amount that is set depending on the actual period of time worked. It is usually expressed in units. The idea is that the employee will receive that part of the salary that is commensurate with the total volume of rate units.

In turn, each employee, depending on his professional skills and work experience, is given a certain number of units. But at the same time, the amount of payment at the tariff rate should not be lower than the minimum wage.

The legislative basis of the remuneration system is the Constitution of the Russian Federation. The highest legal act states that every person should receive remuneration for the work he does. At the same time, discrimination is prohibited. A citizen of the Russian Federation, no matter what nationality he is from, has the right to receive a salary on a general basis.

A more detailed acquaintance with the conditions for calculating wages, as well as the remuneration system, is set out in the Labor Code of the Russian Federation.

So, the Labor Code of the Russian Federation enshrines the following standards regarding remuneration:

Information on establishing the minimum wage. In particular, the peculiarities of establishing the minimum amount in certain regions are indicated, as well as the factors influencing the size of the salary in a particular region.
The procedure for issuing salaries. In Art. 136 of the Labor Code of the Russian Federation establishes rules that determine the place of issuance of remuneration, as well as responsibility for violation of payment terms.
Circumstances related to wage deductions.
Establishing the average salary.
Peculiarities of remuneration for a deceased citizen.

An orderly system of remuneration can be set out in collective agreement. The legislator establishes that the terms of a collective agreement must not contradict the requirements of the Constitution and the Labor Code of the Russian Federation. Hence, the entire settlement system and the principle of calculating wages must be based on the rules of labor legislation.

The remuneration procedure is a list of the employer’s primary actions aimed at informing employees about all aspects of the calculation and deduction of wages.

The procedure is set out in Art. 136 of the Labor Code of the Russian Federation, which determines where exactly an employee can receive his remuneration, as well as the deduction system.

According to Art. 136 of the Labor Code of the Russian Federation, remuneration must be paid to the employee in the organization (institution) in which he worked for the last reporting period. However, in a special application, a citizen can ask management to have his payment linked to a bank account.

Each employee has the right to receive payment at least 2 times in one month. This rule must be established in a collective agreement.

According to the regulations of the current labor legislation, each employer has the right to choose its own remuneration system, which is the most effective for its organization. The chosen form of payment of remuneration to employees, as well as the terms of the tariff rate, the amount of salary and other aspects of remuneration are entered into the collective agreement in advance.

Today, the main forms of gratitude for employee achievements are time-based or piecework system.

Time-based– the name itself suggests that the period of time worked by the employee is taken into account as a fundamental factor in the calculation. The amount of payment is also affected by the size of the tariff rate.

The unit of tariff rate is taken into account at each enterprise in its own way. Some organizations set an hourly rate, according to which the employee receives remuneration commensurate with the hours worked. This rate is usually used in educational institutions.

Time-based payment method has its own subspecies. In particular, it is divided into: simple and premium.

Simple-time involves remuneration based on the system of adding up hours worked, taking into account the rank of each employee.

Time-based bonus payment involves adding to the amount of hours worked and the amount of the bonus.

The terms of remuneration may be piecework. This is allowed by the Labor Code of the Russian Federation. Typically, the piecework form is installed in private enterprises producing different type products. It is more profitable for management to pay employees on a piece-rate basis, since this does not impose an obligation on them to pay wages under any circumstances.

Basic piecework systems:

Straight. An employee receives a salary based on the volume of products produced or sold.
Progressive. In this case, the employee who produced or sold a product in excess of the norm receives payment for additional work.
Indirect. Usually applied to secondary teams (for example, loaders, pickers). The bottom line is that the loader is paid a salary depending on the volume of products produced by his enterprise.

This video discusses the issue of working at night in accordance with the Labor Code of the Russian Federation.

An employment contract is agreement between two parties(employee and employer), according to which the employer hires a citizen and undertakes to respect all his labor rights and ensure proper working conditions. The employee, in turn, agrees to perform all duties within the scope of his labor activity, as well as compliance with other obligations provided for in the agreement.

The presence of an employment contract allows you to set out in writing in advance a model of the future relationship between the organization and the employee.

The citizen begins to draw up the agreement after preliminary procedures related to the interview.

The registration procedure can be divided into two stages:

Preparation of papers.
Direct signing of the contract.

In order for the agreement to be drawn up correctly, from the point of view of labor law, the applicant (future employee) must collect next package of information:

Work book.
Identity document.
Medical policy.
A document confirming military service.

The completed package of papers is handed over to the head of the enterprise, who must check the completeness of the certificates.

Considering the importance of the information contained in the employment agreement, the legislator established certain rules conclusion of an agreement. Thus, the agreement must be drawn up in two copies. Thus, both the employee and the employer will be able, if necessary, to familiarize themselves with the details of the agreement and identify certain shortcomings.

The next condition, which in its importance can be put to the fore, is the information that must be set out in the agreement. So, according to the Labor Code of the Russian Federation, the contract must contain information:

About the terms of the agreement. The contract can be indefinite or for a specific period.
Methods of remuneration, as well as the amount of salary that the employee will receive.
Basic rights and obligations that are assigned to the parties.
Information about starting work.
Personal information of the employee, as well as the qualifications that will initially be assigned to him.
Features of working conditions at a specific enterprise or institution.
The frequency of remuneration, as well as the specific periods during which accruals will be made.
Number and duration of vacations.

The agreement comes into force on the day when the employee and his employer officially sign on the title form and thereby certify their agreement with all the terms of the agreement.

Innovations for 2018

In 2018, the minimum wage may be 11,163 rubles per month. The idea of establishing an obligation on employers so that the latter would be required to index wages at least once a year is also being actively discussed.

According to the already prepared draft, each employer must index employee remuneration in proportion to the level of inflation.

Everything about wages in the Labor Code of the Russian Federation is presented in this news release.

New edition of Art. 136 Labor Code of the Russian Federation

When paying wages, the employer is obliged to notify each employee in writing:

1) on the components of the salary due to him for the relevant period;

2) on the amount of other amounts accrued to the employee, including monetary compensation for the employer’s violation of the established deadline for payment of wages, vacation pay, dismissal payments and (or) other payments due to the employee;

3) about the amount and grounds for deductions made;

4) about the total amount of money to be paid.

The form of the pay slip is approved by the employer, taking into account the opinion of the representative body of employees in the manner established by Article 372 of this Code for the adoption of local regulations.

Wages are paid to the employee, as a rule, at the place where he performs the work or transferred to the credit institution specified in the employee’s application, under the conditions determined by the collective agreement or employment contract. The employee has the right to change the credit institution to which wages should be transferred by notifying the employer in writing about the change in the details for transferring wages no later than five working days before the day of payment of wages.

The place and timing of payment of wages in non-monetary form are determined by a collective agreement or employment contract.

Wages are paid directly to the employee, unless another method of payment is provided federal law or an employment contract.

Salaries are paid at least every half month. The specific date for payment of wages is established by internal labor regulations, a collective agreement or an employment contract no later than 15 calendar days from the end of the period for which it was accrued.

If the payment day coincides with a weekend or non-working holiday, wages are paid on the eve of this day.

Payment for vacation is made no later than three days before it starts.

Commentary on Article 136 of the Labor Code of the Russian Federation

Conditions of remuneration, such as the place and timing of payment of wages, are essential terms of the employment contract. This follows from Article 57 of the Labor Code of the Russian Federation.

As already mentioned, this information may not be included in the employment contract with a specific employee if it is generally established for the majority of employees of the enterprise and is enshrined in a collective agreement or other local regulation.

In this case, it is enough to make a reference to such a document in the employment contract.

In addition, the clause of the employment contract concerning the terms of remuneration must necessarily contain information about the form in which remuneration is made: in monetary form or in a combination of monetary and non-monetary forms. A condition must also be specified regarding the form in which payment is made - in cash, that is, through the cash desk of the enterprise, or by transfer to the employee’s bank account.

By general rule, established by Article 136 of the Labor Code of the Russian Federation, wages are paid to the employee at the place where he performs the work or transferred to the bank account specified by the employee under the conditions determined by the collective or labor agreement.

The employer’s obligation to pay wages at the place of work is especially relevant for employees of those organizations structural divisions which are geographically located in different places. This responsibility is to arrange for the payment of wages to each employee at the place where he performs his work duties.

The law also allows for the possibility of transferring wages to a bank account. To do this, you need an application from the employee indicating the bank account to which the salary will be transferred.

Please note that this form of payment is voluntary for employees. Transfer of wages to the employee’s bank account is possible after concluding a bank account agreement between the employee and the bank.

The Constitution of the Russian Federation guarantees the right to work of citizens. Every worker has every right to hope for a good assessment of his work and receive money as a reward for it.

The organization is interested in ensuring that remuneration for work is clear and fair, and also motivates workers for excellent performance of their job responsibilities . The salary structure includes several parts, which we will discuss in detail in this article.

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Structure according to the Labor Code of the Russian Federation

There have been some changes in legislation (No. 90-FZ), in particular in Article 129 of the Labor Code Russian Federation, and wages at at the moment is a synonym.

Wages (employee remuneration) are remuneration for work, which depends on its qualifications, quality and complexity.

Compensation charges are also included in the concept of wages, including for work in difficult conditions, as well as payments motivating work (additional payments and bonuses).

This structure consists of the following parts(see diagram):

basic (main) part;
compensation payments;
incentive payments.

Base part determined from the basic system of payment for work.

Its amount cannot be less than the minimum wage.

The base part is salary basis and its size is not affected by the number of sales, income received and other nuances. The basic salary is determined for the actual period of time worked, or for the results of work performed according to official salaries.

When a manager displays the basic part of the salary, he must keep in mind the following data:

an employee’s salary can be determined based on his qualifications, volume of work and complexity of production tasks;
no discrimination should be allowed when determining the terms of payment for work;
payment must correspond to the work performed.

Payments compensatory, as well as stimulating ones are variable share of salary, and it in turn depends on the conditions and guarantees of accruals for work from a particular manager. These payments do not depend on remuneration for actual time worked or actual tasks completed.

Compensation payments are characterized by a method of local regulation. This applies to the greatest extent to incentive payments when basic rules are established by law. The legislation defines a list of compensation payments, and the manager must pay them:

for performing tasks under certain circumstances (working in difficult conditions, with hazardous substances, in areas with a specific climate);
for performing work in areas where radioactive contamination has occurred;
for work under circumstances that are not considered normal (performing additional tasks due to the absence of another worker, working at night, or working on holidays and weekends).

The amount of compensation payments is determined based on agreements and collective. The amount of these payments cannot be less than those established by law. Along with this, the legislation determines a higher payment for work for those citizens who work on a rotational basis or in the Far North.

Based on this, the main task of compensation payments is considered to be compensation for excessive labor costs employee, which depend on the work schedule and conditions for completing tasks. Compensation payments are made as an increase to official salaries and tariff rates.

Stimulating payments are considered to be the variable component of the salary, and it depends on the basic income, on the specific result of the employee’s work, and so on.

Incentive payments, as well as the bonus part, are not subject to regulation by law.

Making such payments is manager's right. It is necessary to make a note that if motivating payments are provided for in the remuneration regime, then the manager must implement them, and the employee can demand them if he fulfills the work plan.

It can be concluded that incentive payments fall under the characteristics of financial payments for the performance of specific work tasks.

Incentive payments are needed so that employees have incentive to achieve those results, for which the calculation of the basic salary is not enough, as well as encouraging the desire of workers to improve their skills and minimize staff turnover.

Incentive payments are assigned in the following cases:

for professionalism;
excellent qualifications;
years of production at the enterprise;
knowledge of foreign languages.

It should be noted that in order to motivate employees to work in enterprises, there is bonus system. Bonuses are paid as a reward for the quality performance of an employee’s work. The bonus system is divided into two parts:

Rewards that are included in payment for work.

The employee has the right to this remuneration, and this means that the manager must make this payment if the employee fulfills specific plans for which bonuses are due. Under other circumstances, an employee cannot ask for a bonus.

Incentives that are not specified in the salary plan.

Such payments are made in a lump sum at the request of the manager. Incentives are not paid every month, but are carried out for specific employee achievements. In this circumstance, the manager is not obliged to make such payments, but they can be made at his request.

What does the average monthly salary consist of?

From time to time it happens that in order to provide an employee with information or make payments that comply with the law, the manager resorts to tricks. Most often, it is to take into account only one salary, and additional payments remain aside. Of course, such actions do not occur in accordance with the law.

Is vacation pay part of your salary or not?

The calculation of the average salary of a worker includes all accruals that the manager makes to him. Also, these accruals must be taken into account in the list of taxes under the Unified Social Tax, which are transferred to the Fund Social Insurance RF.

According to the Decree of the Government of the Russian Federation (No. 375), Vacation pay is not included in the definition of average earnings.

When calculating average earnings, the following are also not taken into account:

number of vacation days;
business trip period;
period of incapacity;
maternity leave.

What is the average salary in Russia today, watch the video: