In accordance with Part 1 of Art. 136 of the Labor Code of the Russian Federation upon payment wages The employer must notify the employee in writing of constituent parts wages due to him for the relevant period, the amount and grounds for the deductions made, as well as the total amount of money to be paid. The form of the payslip, which should reflect the listed information, must be approved by the employer, taking into account the opinion of the representative body of employees. Non-observance by the employer of the rule on approval of the form of the payslip allows the representative body of employees, directly to the employees, to declare to the authorized state bodies the requirements to approve the form of the payslip or to change its content by including the information listed in the legislation. The employer’s failure to comply with the requirements for handing over to the employee a payslip in the form approved by the organization allows us to conclude that the employee could only learn about the violation of his rights in the field of remuneration after he familiarized himself with the components of the salary in the prescribed form, that is, after handing him a written document on the components of his salary. For example, an employee may find out that he has not been paid in increased size overtime work only after receiving a document on the composition of wages. In this connection, the period for applying for protection of the violated right in the field of remuneration must be calculated from the moment the employee is presented with a document on the composition of his salary. This document in Part 2 of Art. 136 of the Labor Code of the Russian Federation is called a payslip. However, other written documents drawn up by authorized representatives of the employer, which reflect information about the components of the employee's earnings, may serve as evidence of the employee's familiarization with the components of earnings. The absence of such documents by the employer, as well as information about their handing over to the employee, deprives the employer of the opportunity to prove that the employee missed the deadline for applying for judicial protection of the rights to wages, since the specified period begins to run from the moment the employee found out or could have found out about the violation of his right . This moment in the legislation is due to the delivery to the employee of a written document by authorized representatives of the employer, which reflects information on the composition of earnings.

In accordance with Part 3 of Art. 136 of the Labor Code of the Russian Federation, wages are paid to the employee, as a rule, at the place of work performed by him or transferred to the bank account specified by the employee on the terms stipulated by the collective or employment contract. The obligation to pay wages to the employee lies with the employer, who is obliged to ensure that each employee has the opportunity to receive wages. When paying an employee at the place of performance by him labor function he must be given time to receive his wages. This time should be included in the working time, since the employee should not spend the rest time not at his own discretion due to the need to receive wages during the period that is included during the rest. The employer is obliged to determine the procedure for receiving wages so that the employee does not spend time off to receive wages due to improper performance by the employer of this obligation. The time spent by the employee to receive wages must be paid by the employer, based on the average earnings of the employee, since given time spent by the employee through the fault of the employer, who could not properly organize the process of issuing wages to employees. The organization of this process may include the determination of specific days and hours of receipt of wages by employees of structural divisions of the organization. The appointment of different terms for the receipt of wages by employees of structural divisions allows you to avoid wasting working time.

Wages can be transferred to the current account of the employee if the following legally significant circumstances are proved. Firstly, the presence of the voluntary will of the employee, confirmed by his written application, for the transfer of wages to a bank account. Secondly, the presence in the collective or labor agreement of a condition on the possibility of transferring the wages of employees to their bank account must be proved. Failure to prove each of these circumstances makes it possible to recognize as unlawful and (or) unreasonable the employer's decision to transfer wages to the employee's account. Moreover, the absence of a written statement of the employee, which expresses his will to transfer wages to his bank account, in the event of a dispute, deprives the employer of the right to refer to witness testimony to confirm this declaration of will. Recognition of the employer's decision to transfer funds to the employee's account as illegal and (or) unreasonable may become the basis for holding him liable for delayed wages.

In accordance with Part 4 of Art. 136 of the Labor Code of the Russian Federation, place and terms of payment of wages in non-monetary form must be defined in a collective or labor agreement. Payment of wages in non-monetary form must be made at least every half a month in compliance with the rules established for the payment of earnings in cash. The employer is also obliged to provide each employee with the opportunity to receive wages in non-monetary form, that is, to allocate a specific time for issuing earnings to the employee.

In accordance with Part 5 of Art. 136 of the Labor Code of the Russian Federation, wages are paid directly to the employee. Moreover, the fact of issuing wages to an employee can be confirmed exclusively by written evidence. The lack of written evidence from the employer confirming the issuance of wages to a particular employee, in the event of a dispute, deprives the representatives of the employer of the right to refer to witness testimony to confirm the issuance of wages to the employee. As already noted, when the circumstances under consideration are proven, wages can be transferred to the employee's account. When a court decision is made to recognize an employee as having limited legal capacity, his representatives will receive wages for him in compliance with the established rules for paying wages, including the terms for paying wages.

In accordance with Part 6 of Art. 136 of the Labor Code of the Russian Federation, wages must be paid at least every half a month on the days established by the rules of the internal work schedule organizations, collective agreement, labor contract. The employer is obliged to determine the terms of payment of wages in the internal labor regulations or by concluding a collective or labor agreement. The failure of the employer to fulfill this obligation is not a basis for his release from liability for delaying wages. In this case, the right to receive wages arises for the employee after the first 15 calendar days of work in each month. Corresponding to this right is the obligation of the employer to pay wages to the employee after half of each month, that is, after 15 calendar days. Failure to comply with this obligation allows the employee to demand that the employer be held liable for the delay in wages. If the day of payment of wages coincides with a weekend or non-working holiday, the employer is obliged to pay employees on the eve of this day. Failure to fulfill this obligation is also a violation of the terms of payment of wages, which may become the basis for bringing the employer to the measures of responsibility established by law.

In accordance with Part 7 of Art. 136 of the Labor Code of the Russian Federation for certain categories federal law may establish other terms for the payment of wages. Establishing more frequent terms for the payment of wages, in particular weekly, improves the position of the employee in comparison with the law. Therefore, the condition on more frequent terms of payment of wages can become legal both in the content of the federal law, and in the content of labor contracts, and in the content of local acts of the organization. The right to receive wages stems from Art. 37 of the Constitution of the Russian Federation. In this connection, the establishment of more long terms to pay workers in federal law is a restriction of the said constitutional right. For this reason, the establishment of longer periods for the payment of wages can occur solely to achieve the goals listed in Part 3 of Art. 55 of the Constitution of the Russian Federation.

In part 9 of Art. 136 of the Labor Code of the Russian Federation, it is established that average earnings for vacation time is paid no later than three days before its start. Payment for vacation after it began means that the employee used unpaid leave before the payment of his average earnings. In this connection, he has the right to demand the postponement of the start date of the vacation, at least the next day after the payment of average earnings. The employee may demand the payment of interest for the delay in the payment of the vacation, since in this case the employer does not fulfill the obligation to pay the employee the average wage within the terms established by law. However, as a restoration of the violated right, the employee can use one of the specified methods. The postponement of the start date of the vacation due to its untimely payment means that the statutory date for the payment of average earnings is changing. After all, paying for vacation before it starts is one of the ways to restore the right to use paid vacation. Therefore, it should be recognized that when postponing the vacation date, the employer fulfills the obligation to timely pay the employee the average earnings. The payment of average earnings later than three days before its start should be recognized as a violation of the terms of vacation pay. Therefore, after using unpaid leave, the employee has the right to demand payment of interest for the delay by the employer of average earnings, since he violated the deadline for paying the leave. Whereas when it is transferred, the period for paying average earnings is not violated. In this connection, the employee can use one of the considered methods of restoring the violated right to receive average earnings during the vacation.

Textbook "Labor Law of Russia" Mironov V.I.

• HR and Labor Law

In whatever area the enterprise operates, whatever work its full-time or freelance employees are engaged in, the first and main question who care about them - wages and everything that concerns it. Neither working conditions, nor the availability of social guarantees, nor any other factors concern hired personnel as much as the payment of earned money. And here the primary role is played by the financial culture at the enterprise, its honesty and decency in relations with employees, as well as law-abiding relations with the state.

How and in what order wages should be paid is established by the Labor Code. Russian Federation. 136 of his article just regulates the terms of payment of salaries to employees of enterprises and organizations. In particular, it states that wages must be paid at least twice a month, with a desirable interval of 15 days.

Some time ago, a number of lawmakers proposed introducing a weekly wage option, but this amendment has not yet received Government approval. But let's start in order.

What documents can establish the procedure and terms for the payment of wages

To establish specific terms for the payment of wages, employers can introduce several types of documents.

1. Labor contract. As the most common, this type of regulatory document necessarily includes a clause on the procedure and timing of wage payments. Most often, at enterprises, it is typical and is concluded individually with each employee either before he begins to perform his duties, or no later than three working days after the employee actually takes office. The only negative of the employment contract in terms of setting the payment of wages: if any changes suddenly occur, they will have to be reflected in an additional agreement with each individual employee. And this is an extra bureaucracy and paperwork.
2. Collective agreement. Since this type of contract is not a mandatory personnel document, it is not always possible and expedient to reflect in it the financial relationship between the enterprise and employees. This paragraph can be included in it only in cases of full and one hundred percent consent of all parties with the appropriate signatures and seals.
3. Another option for corporate regulation of the payment of salaries to employees is prescribing their terms in the Internal Labor Regulations. Since these Rules must be available for each employer, they can be considered the most optimal and acceptable document in this part of the implementation of the law. In addition, in the event of any changes and additions to wages, it is enough to enter them into the Internal Labor Regulations and let all interested employees familiarize themselves against signature in order to comply with all formalities.

What days to set the payment of wages to employees

The state protects and strictly protects the rights of employees, so all the subtleties and nuances regarding wages are clearly spelled out in the Law of the Russian Federation. In particular, despite the fact that no specific date of the month for salary payment is defined in any legislative act, the law clearly states that it must be made every month, and at least twice. There is no link to the calendar month in this matter, while the intervals between payments should not exceed two weeks. As a rule, wages consist of two parts: advance payment and principal payment.

It should be noted that the Law does not define such a concept as “advance payment”, therefore there is no clear percentage ratio between these two parts of the salary.

It happens that an employee of an enterprise wants to receive a salary once a month, but the law does not give employers the right to pay salaries at a time. In such cases, at the request of the employee, the advance can be, for example, 1/10 of the total salary, thus maintaining a legitimate balance between the preferences of the employee and the responsibilities of the organization.

Speaking of which! If the payment of wages fell on a weekend, non-working or holiday, then it must be made on the eve of this day, otherwise it will be regarded as a violation. In this matter, the Law is also clearly on the side of the employee.

A responsibility

It is extremely unprofitable for employers to delay or evade payment of salaries to employers. If the management of an enterprise periodically or systematically violates the terms of payment of salaries, then it bears administrative, and sometimes even criminal liability for this.

At the same time, fines are very high - they can reach half a million rubles, and in especially malicious cases, such violations can lead the leadership to imprisonment for up to two years and a ban on holding high positions for a certain period of time.

In addition to the payment of wages, there are a number of mandatory payments that the management of the enterprise must provide to employees in certain cases within strictly defined deadlines.

• Vacation: According to the Law, the employer must pay vacation pay no later than three calendar days before the start of the employee's vacation. But sometimes employees take urgent leave and then, in order to avoid violations in this part of the law, they should go to meet their superiors and resort to the following options:
  1. For the first three days, take time off on account of future unused vacation;
  2. For the first three days, go on unpaid leave, and after three days, as required by law, on regular paid leave;
  3. To issue a vacation, as required by law - in three days, but go on vacation when necessary, and then leave the vacation three days before its formal end.
• Hospital. According to the Law, payment of maternity benefits, as well as sick leave must be made no later than 10 working days after it reaches the accounting department of the organization. As a rule, accounting departments try not to violate this rule and sick leave are paid on the next pay day.
• Prizes. Not always, but quite often, collective and labor agreements stipulate the terms and procedures for paying bonuses. Since bonuses are voluntary for employers, there are no clear instructions in the law on limiting the timing of these payments. Nevertheless, if in the contract the management undertakes to pay bonuses, but for some reason evades this, the employees have the right to go to court to protect their rights.
• Travel allowances. This type Payments can be made in two ways. If an employee receives per diems, they must be paid immediately before the business trip in full for its entire period. If travel allowances are calculated on the basis of average earnings during a business trip, then the traveler receives money in the first salary after the trip.
• Dismissal. By law, an employee who has made a decision to dismiss and warned his superiors about it in advance must receive settlement funds on the last day of their fulfillment job duties. Moreover, this amount should include not only payment for the days actually worked, but compensation for unused vacation. If the company from which the employee is leaving provided for cash bonuses and incentives, the employer has the right to pay them later. More specific dates for this case are not specified by law.

Thus, the terms of payment of wages and other payments to employees are strictly and in sufficient detail specified in the Law of the Russian Federation. Violation of these deadlines entails the most serious consequences, up to administrative and criminal liability. Therefore, it is very important for enterprises to comply with labor discipline and the letter of the law.

In 2016, Federal Law No. 272-FZ of June 3, 2016 was adopted. This normative legal act regulates the terms of payment of salaries in 2019. Recall that the changes came into force on October 3, 2016 and are valid to this day. Amendments were made to the current legislation, according to which salaries cannot be issued later than the 15th day of the month following the settlement month. The following important changes should also be highlighted:

• increasing the degree of liability of the employer to the employee;
• increased fines for violations of labor laws;
• increased size monetary compensation employee for non-compliance with the terms of payment of wages.

In our today's material, we will talk about how to properly lead labor Relations with employees in accordance with the changed legislation.

Terms of payment of salaries in 2019 according to the Labor Code of the Russian Federation

Changes in the Labor Code of the Russian Federation in the terms of payment of salaries in 2016 affected Art. 136 Labor Code, which determines the terms of payment of salaries in Russia. Until now, this article has not established specific dates for the payment of salaries. The only obligation that this article placed on the employer was to pay wages at least once every half a month.

The terms of payment of salaries in 2019 are strictly regulated. In accordance with Art. 136 of the Labor Code of the Russian Federation, as before, wages will have to be paid at least once every two weeks. At the same time, the article now contains a clarification that the payment of salaries should occur no later than the 15th day of the next month.

The specific terms for paying salaries in 2019 should be indicated in the labor and collective agreements, internal labor regulations.

I must say that according to statistics, most employers are already paying salaries before the 15th day of the next month. However, the local regulations of the enterprise (IE) and contracts listed above may not contain these conditions. Therefore, if necessary, employers should make appropriate changes to them.

Salary and advance

In accordance with the law, the interval between the issuance of advance payment and salary should be no more than fifteen days.

For example, if an organization or individual entrepreneur issues an advance payment to employees on the 20th, then the salary must be paid no later than the 5th of the next month. If the advance payment is issued on the 30th, then the salary is not later than the 15th. Violation of labor legislation by enterprises in this part, in accordance with Art. 5.27 of the Code of Administrative Offenses of the Russian Federation, entails a fine in the amount of up to 50,000 rubles.

At the same time, the issuance of wages earlier than the deadline established by local regulations is not a violation.

Checking local regulations

Specific terms for the payment of wages in many enterprises are reflected in the Rules of the labor schedule and in the Regulations on wages. The law on the terms of payment of salaries in 2019 does not prohibit this. However, by the time the law comes into force, the terms of payment must be brought into line with the requirements of this law.

In turn, the employer must familiarize employees with the changes made to local regulations against signature.

Verification of employment contracts

The situation is similar with labor and collective agreements. They should reflect the terms of payment of salaries in 2018. It is possible that their content already fully complies with the requirements of the new law. But it is possible that the contract allows the payment of wages later than the 15th of the next month, for example, on the 20th. It may also turn out that the gap between the payment of the advance payment and the payment of wages is more than 15 days.

According to the legislative changes under consideration, these are violations.

Notifying employees of changes

To make appropriate changes to the employment contract, it is necessary to send the employee a written notice of changes in the terms of the employment contract. The notice must list the changes to the contract, indicating specific reasons and grounds. In this case, the notification must contain new terms for the payment of wages under the Labor Code of the Russian Federation.

At the same time, in accordance with Part 2 of Art. 74 of the Labor Code of the Russian Federation, the notification must be sent to the employee no later than two months before the changes are made.

Additional agreement to the contract

In addition to editing the contract itself, it is necessary to conclude an addendum to it. agreement, which will also fix the new terms for the payment of wages.

Making changes to the contract and entering into a new one additional agreement to him - enough to change the terms of payment of wages. There is no need to issue an order to postpone the payment of salaries.

Liability for violation of deadlines

According to the current legislation, violation of the terms of payment of wages entails liability for the employer. The corresponding provision is contained in Art. 236 of the Labor Code of the Russian Federation. Under the new law, material liability will be increased.

Increasing the amount of compensation

Recall that the amount of compensation for delayed wages is calculated as a percentage of the amounts unpaid to the employee on time. Since October 3, 2016, the amount of compensation has been increased.

Until October 3, 2016, compensation was 1/300 of the Bank of Russia refinancing rate for each day of delay. From October 3, 2016, it is 1/150 of the Bank of Russia refinancing rate for each day of delay. In 2019, the refinancing rate is 7.75%.

Increase in administrative fines

Administrative fines for delayed wages have also changed since 10/3/2016, their values relevant for 2019. Their amounts, together with the amounts of fines in force until the entry into force of the new law, are shown in the following table:

It is also necessary to remember that the employer may be held administratively liable if the wages of employees are set at a level below the minimum wage. Recall that in 2019 the minimum wage, in accordance with federal law, is 11,280 rubles. At the same time, the size of the minimum wage in certain regions may differ from this figure.

Also note that in addition to fines for paying wages later than the deadline, an additional employer can be fined if the salary is below the minimum wage. The fine for the organization will be from 30,000 to 50,000 rubles. Recall that from July 1, 2018, the federal minimum wage is 11,280 rubles. However, if a regional minimum wage is established, then employers have the right to focus on it.

Deadlines for going to court

Another important change will be an increase in the period during which an employee has the right to go to court in connection with non-payment of wages.

If earlier an employee was given only three months to file a lawsuit, now they can start defending their labor rights in court, he will be able within a year from the date of the due date for payment of wages.

The material was updated in accordance with the current legislation on 02/23/2019

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Labor Code, N 197-FZ | Art. 136 Labor Code of the Russian Federation

Article 136 of the Labor Code of the Russian Federation. Procedure, place and terms of payment of wages (current version)

When paying wages, the employer must notify each employee in writing of:

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

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

3) on the amount and grounds for the deductions made;

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

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

Wages are paid to the employee, as a rule, at the place of work or transferred to the credit institution specified in the employee's application, on the terms determined by the collective agreement or labor contract. The employee has the right to change the credit organization to which the wages are to be transferred by notifying the employer in writing of the change in the details for the transfer of wages no later than five working days before the day of payment of wages.

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

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

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

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

Holidays are paid no later than three days before the start of the holiday.

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Commentary on Art. 136 Labor Code of the Russian Federation

1. The provisions of the article are formulated in relation to the rules provided for by ILO Convention No. 95 "Regarding the Protection of Wages" (1949).

2. When accruing and paying wages, each employee must be given a pay slip containing information about the amount and components of wages, as well as deductions made. The list of information established by part 1 of the commented article is mandatory for inclusion in the payslip.

The form of the payslip is not defined by the Code; it is approved by the employer, taking into account the opinion of the representative body of employees. Thus, it is given the force of a local normative act, which serves as an additional guarantee of the rights of workers.

The pay slip must be issued at least once a month when making the final payment based on the results of work for the month.

The value of the payslip is very high. Arbitrage practice is based on the fact that only in the case of the issuance of a pay slip by the employer is it permissible to assume that the employee should have known about the violation of his right in connection with incomplete remuneration. When considering a specific case, the court found that the form of pay slips for calculating wages was not approved by the employer, pay slips employees were not issued. Thus, the employer did not fulfill the obligation to issue pay slips for wages. Therefore, the court had no grounds to assert that the employee could and should have learned about the constituent parts of his salary on a monthly basis upon receipt of wages. During the consideration of the case, it was established that the plaintiff became aware of the violation of his right to full wages only in September 2012 (in connection with the consideration of claims of other employees, when it was reliably established that the wages of workers were accrued by the defendant without taking into account the Ural coefficient). As a result, the reasons for the employee's missing the deadline for applying to the court were recognized as valid (Determination of the Sverdlovsk Regional Court dated February 22, 2013 in case No. 33-1620/2013).

3. Wages must be paid at the place of work. This rule was established in order to create the most convenient conditions for the employee: he should not spend his free time and make trips in order to receive wages at the central office of the organization, centralized accounting, etc.

Place of performance of work (including specific workplace remote from the location of the organization) is determined by the internal labor regulations, other local regulations or an employment contract.

4. A collective agreement or an employment agreement with a specific employee may provide for the transfer of wages to the bank account indicated by the employee. An appropriate change can be made to the employment contract after its conclusion.

The terms of the transfer (terms, order, size) are determined in the collective agreement or in the employment contract. The costs of transferring money and servicing a bank card (if an appropriate account is opened) are borne by the employer.

5. When paying a part of wages in non-monetary form, the place, terms and procedure for issuing the relevant goods (products) are established in a collective or labor agreement. At the same time, the most favorable conditions for the employee should be provided, for example, bulky or heavy goods should be delivered to the employee’s home or he is given the opportunity to gradually remove them.

On the payment of wages in non-monetary form, see also comments. to Art. 131.

6. Wages are paid directly to the employee. Exceptions to this rule may be established by federal law or an employment contract. There are currently no such exceptions under federal law. In the employment contract, the parties are free to establish any method of paying wages, for example: transferring it to the account of the spouse (one of the parents, children, etc.) of the employee; issuance of wages in cash by proxy issued by the employee.

In case of restriction of the employee’s legal capacity in the manner provided for in Art. 30 of the Civil Code of the Russian Federation, his salary is issued to the trustee on the basis of a trustee's certificate or to the employee himself, but on the basis of the written consent of the trustee.

7. Wages must be paid at least every half a month. Specific days for the payment of wages are established by a collective agreement, or internal labor regulations, or an employment contract.

In practice, two or three days for the issuance of wages are usually set, for example, on the 1st - 3rd and 15th - 17th of each month. Most organizations use an advance payroll system in which an advance is paid in the middle of the month, which is usually a part of tariff rate(official salary) and compensatory surcharges of a permanent nature (for harmful conditions labor, etc.), and at the beginning of the next month, a final settlement is made, including incentive payments.

Wages are issued on the basis of statements. Decree of the State Statistics Committee of Russia dated 05.01.2004 N 1 approved unified forms primary accounting documentation for the accounting of labor and its payment, including the forms of the payroll, payroll, payroll, payroll registration journal (from 01.01.2013 are not mandatory).

8. The establishment of other terms for the payment of wages is possible only in federal law. An agreement on the payment of wages once a month, regardless of the level at which it is concluded, is contrary to the provisions of the law.

Judicial practice under Article 136 of the Labor Code of the Russian Federation:

• Decision of the Supreme Court: Decree N 7-AD17-1, Judicial Collegium for Administrative Cases, supervision

  At the same time, by virtue of part four of Article 136 of the Labor Code of the Russian Federation, the place and terms of payment of wages in non-monetary form are determined by a collective agreement or an employment contract ...

• Decision of the Supreme Court: Decree N 73-AD17-2, Judicial Collegium for Administrative Cases, supervision

  Salary is paid at least every half a month per day statutory internal labor regulations, a collective agreement, an employment contract (part six of Article 136 of the Labor Code of the Russian Federation as amended at the time of the occurrence of the circumstances that served as the basis for bringing the institution to administrative responsibility). In violation of the requirements of articles 8, 136, 189 of the Labor Code of the Russian Federation, in the Internal Labor Regulations, the employer does not determine the days for paying wages at least every half a month ...

• Decision of the Supreme Court: Decree N 29-AD16-10, Judicial Collegium for Administrative Cases, supervision

  Meanwhile, this conclusion from the provisions of the sixth paragraph of Article 136 of the Labor Code of the Russian Federation does not follow, since this norm does not provide for the requirement to pay wages for the month worked no later than the day it ends ...