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Every working person in our state has the right to receive wages, which is necessary for the latter in order to live with dignity and provide for his family. The Labor Code of the Russian Federation talks about the procedure and terms for paying remuneration for work. In addition, this provision of the law states that the employer, when transferring wages, must notify each employee of all deductions made from income and total amount earnings. As a rule, before receiving their remuneration, all subordinates receive pay slips. More details about all this will be written in the article.
The main thing
Almost all citizens of our country go to work in order to receive a certain amount of money to provide for themselves. normal conditions life. At present, it is very rare to meet people who work only for the sake of the fact that they are simply interested in doing what they love. Therefore, the legislator protects the rights of employees and obliges the heads of enterprises and institutions to pay remuneration to their employees for their performance. Information on the timing and place of payment of wages contains Art. 136 of the Labor Code of the Russian Federation, which also states that the amount of money must be issued to the subordinate twice a month. Otherwise, it will be against the law.
What you need to know
Subject to the provisions of Art. 136 of the Labor Code of the Russian Federation, the head of the enterprise, when transferring remuneration for work to employees, must notify the latter of the following transactions with their income:
documentary notice
As a rule, before the enterprise transfers salaries to employees, they are given pay slips in their hands, which contain full information income for the period worked. These actions are carried out by the accounting department of the enterprise. The form of pay slips must be approved by the employer. At the same time, the latter necessarily takes into account the opinion of the representative body of employees. This rule enshrined in Art. 136 of the Labor Code of the Russian Federation.
Place
Currently, each employee of any organization receives a salary on a card issued by a credit institution. Personally, remuneration for work is transferred to employees quite rarely. Therefore, before entering a job, a citizen is invited to write an application in which it is necessary to indicate the details for transferring salaries. So it is more convenient for the leader and subordinates.
In the event that an employee decides to change the previously written details of the organization for the transfer of wages, then he must express his request to the boss in writing no later than five days from the date of payment of remuneration for work. This rule is enshrined in Part 3 of Art. 136 of the Labor Code of the Russian Federation.
Important
Sometimes employees of an organization may receive compensation for labor activity not only in cash, but also in products, things, any materials. So, such rules for paying wages are determined only by a service agreement or a collective agreement.
Nuances
Salary is always paid to a citizen who works in an organization. In some cases, prescribed in an employment agreement or provided for by law, remuneration for work may be transferred in another way to other persons. For example, if a citizen works in an organization by the verdict of a judicial authority, then his earnings are transferred to the income of the state and to pay penalties.
In addition, do not forget that from the income of a person who is a parent, but does not live with the child, alimony is withheld in a percentage or in a fixed amount. If the head of the organization does not follow up on the timely transfer of funds according to executive documents, then he may be in trouble from the law.
Payment procedure
Part 6 Art. 136 of the Labor Code of the Russian Federation indicates that salaries must be paid to employees at least twice a month. The specific date for the transfer of income is established by the service agreement, or local acts of the institution. But, the salary should not be issued to employees later than fifteen calendar days from the date of completion of the period for which it was accrued. This procedure is established by Part 6 of Art. 136 of the Labor Code of the Russian Federation.
If not on time
What threatens the head of the institution in the event that he did not transfer remuneration for work to employees in the prescribed period of time? This question is of interest to almost all employees who are faced with a delay in the payment of salaries for inexplicable reasons. AT this case it is clear that on the part of the employer this would be a violation of Art. 136 of the Labor Code of the Russian Federation. For this, he can be brought to administrative and even criminal punishment.
Therefore, if all employees are interested in getting their cash timely and in full, it is necessary to apply to the prosecutor's office, the court and the labor inspectorate. Indeed, some business leaders begin to comply with the requirements of the law only after the authorities impose on the company the obligation to pay a large fine.
Payment on a non-working day
If the deadline for the transfer of wages falls on a weekend, then the accounting department is obliged to issue the funds due to employees the day before. Otherwise, it will be a violation of the law and a reason for the appeal of subordinates to the competent authorities.
For vacation
The funds must be transferred to the employee three days before the start of his vacation. But, despite this, many heads of enterprises do not want to comply with the requirements of labor legislation. Most workers receive vacation pay only at the end of their holiday or during a new working period. In this case, it is necessary to write a complaint to the labor inspectorate and to the prosecutor's office.
New payroll rules
The Labor Code obliges the employer to pay wages to employees at least twice a month. But until recently, specific payment dates could be chosen independently. Since October 3, the rules have been tightened - legislators have clearly spelled out the deadlines for paying salaries. In the article we will consider new order settlements with employees, we will analyze the possible liability of organizations for violation of payment terms.
New deadlines for settlements with employees
Terms of payment of wages are prescribed in Art. Labor Code. The legislation obliges the employer to pay salaries at least twice a month. No exceptions are made here - the rules are the same for both large companies and individual entrepreneurs. That is, you can not pay for work only once a month, even at the request of the employee.
In practice, companies make payments twice: the first payment is an advance payment (its size must correspond to the actual hours worked at the time of payment), and the second is the final payment for the month.
From 03.10.2016, amendments are made to the Labor Code of the Russian Federation (Article 2 of the Federal Law of 03.07.2016 No. 272-FZ). You still need to pay salaries at least every half a month. However, now the deadline for the final payment for the month is the 15th.
Thus, if the advance payment at the enterprise is paid on the 20th, the salary must be paid in half a month (most often 15 days are taken for half a month) - on the 5th of the month following the month of accrual.
If the company pays an advance on the 2nd, then it makes the final settlement in half a month, that is, on the 17th. Such conditions from October will not comply with the law, and the terms of payment will need to be reviewed.
Advice! Be sure to check the deadlines for paying wages at your enterprise (for an advance, the deadline is the 30th, for salaries the 15th of the next month). Make changes to the Rules if necessary. work schedule and Regulations on wages. Notify employees of the new payment terms with the help of an additional agreement to the employment contract.
When to pay VAT?
The Tax Code states that the tax must be transferred no later than the day following the day the income is paid (clause 6, article 226). From a literal interpretation, we can conclude that the tax should be paid twice: when transferring an advance and a salary. However, according to the explanations of the regulatory authorities, personal income tax must be withheld and transferred to the budget at the final settlement with the employee for the month (letters of the Federal Tax Service of Russia dated January 15, 2016 No. BS-4-11 / 320 and the Ministry of Finance of Russia dated July 22, 2015 No. ).
Exception to the rule! Personal income tax will also have to be paid from the advance if the day of its payment fell on the last day of the month. For example, from an advance paid on September 30, you will have to withhold and transfer personal income tax. The explanation is simple: the last date of the month is considered the day of receipt of income (Ruling of the Supreme Court of the Russian Federation dated May 11, 2016 No. 309-KG16-1804). Therefore, it is more practical to fix in local acts the date for issuing an advance payment before the 30th.
Responsibility of the employer for late payment of wages
Since October, it will be much more expensive for companies to pay wage arrears. Federal Law No. 272-FZ also made adjustments to the article on the liability of the employer (Article 236 of the Labor Code of the Russian Federation).
Now, for violation of the terms of remuneration, organizations and individual entrepreneurs will have to pay interest in the amount of at least 1/150 of the key rate of the Bank of Russia in force at that time. Before the changes, the size was only 1/300 of the key rate.
In addition, in Art. 5.27 of the Code of Administrative Offenses of the Russian Federation, new clauses were added with penalties for non-payment and delay in wages (Article 1 of the Federal Law of July 3, 2016 No. 272-FZ).
In case of partial or complete delay in payments to employees of the company, the following fines are threatened:
- guilty officials will pay from 10,000 to 20,000 rubles;
- from 30,000 rubles to 50,000 rubles will be paid by the organization.
In case of a similar violation, an individual entrepreneur will also be fined. For him, the fine will be 1,000-5,000 rubles.
If the salary delay repeats, the fines will be for a repeated violation and will amount to:
- for officials - 20,000-30,000 rubles or disqualification for a period of one to three years;
- for legal entities- 50,000-100,000 rubles.
Individual entrepreneurs for repeated salary delays will be punished with a fine of 10,000 to 30,000 rubles.
Penalties for errors in employment contracts and employer evasion from concluding such contracts also increased.
Service Expert Standard
Rogacheva E. A.
When paying wages, the employer is obliged to notify in writing each employee: 1) about constituent parts 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, for the 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. Place and date of payment of wages in non-monetary form determined by a collective agreement or an employment contract. Wages are paid directly to the employee, unless another method of payment is provided federal law or an employment contract. Wages are paid at least every half a month per day, statutory internal labor regulations, collective agreement, labor contract. For certain categories federal law may establish other terms for the payment of wages. 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.
Legal advice under Art. 136 Labor Code of the Russian Federation
Question answered by phone
Question answered by phone
Question answered by phone
The text of the law itself says: “Salary is paid to an employee, as a rule, at the place where he performs work or is transferred to a credit institution indicated in the employee’s application, on the terms determined by the collective agreement ...
- Lawyer's response:
I sympathize. If you are serious, then go to court. Before that, write a statement in two copies to the management demanding payment, and then feel free to go to court. If, after a written request, everything is paid to you, then you can still sue. After all, no one has canceled the penalty for delay or delay in salary payments. But, I would choose (or rather try to find) a peaceful solution. Good luck
According to Article 136 of the Labor Code of the Russian Federation, wages must be paid AT LEAST than every HALF MONTH on the set day. In your case, the law is broken. Consequences - You lend interest-free to the employer, your money is lost every month ...
- Lawyer's response:
I already answered you, "pro" .... Well, why can't you understand..? You are persistent, but I am not proud and I will answer again: According to part 2 of article 136 of the Labor Code of the Russian Federation, the form of the payslip is approved by the employer, taking into account the opinion of the representative body of employees. Therefore, there is no standard form of payslip. However, part 1 of article 136 of the Labor Code tells us what mandatory information should be on the payslip: - components of the salary; size and basis of deductions; - the total amount to be paid. In addition to this information, the pay slip, as a rule, contains the surname, name, patronymic of the employee; Personnel Number; name of the structural unit; job title; billing period; a note on the presence of wage arrears of the employer to the employee for previous period; the amount of the advance paid, etc. As a rule, pay slip created in the form of a table. The form of the payslip can be approved by an internal administrative document (order, order, etc.). But, understand: there is no legally established form of this sheet. This is the work of a specific organization: whatever he wants, he will write, with the obligatory inclusion of the above by me. I don’t understand: why don’t you ask your “buhs” ... We are obliged to explain these your “indZprost” ... Personally, I think that these are the columns: "Wage indexation and the second column Consumer price growth"
- Lawyer's response:
In fact, there are requirements of Article 136 of the Labor Code for the payment of wages at least 2 times a month by the employer, when determining the amount of the advance, the time actually worked by the employee (actual work performed) should be taken into account. According to Art. 136 of the Labor Code of the Russian Federation, wages are paid at least every half a month on the day established by the internal labor regulations of the organization, the collective agreement, the employment contract. The amount of wages for the first half of the month (advance payment) is determined by collective agreements, agreements and cannot be lower than tariff rate(salary) for hours worked (see Decree of the Council of Ministers of the USSR of 05/23/1957 N 566). To draw up an advance, raters use a separate time sheet, if for some reason mistakes were made (and this is their mistake, after all), and the calculation is completed and submitted to the bank, then a corrective time sheet is drawn up that takes into account additional payments. For accounting, it will not be difficult to make adjustments to payments. In this case, the amount of the advance will be paid to you in a separate payment. Apparently, accountants are too lazy to deal with you and they will start feeding you breakfast, feel free to run into them referring to the Labor Code of the Russian Federation and demand your money. If you have a trade union, feel free to go to the trade union committee and complain - I'm sure the money will be paid to you, and the girls from the settlement will remember you for a long time. If there is no trade union, then we will have to fight ourselves. However: The advance will not be paid if you did not work during the period from the 1st to the 15th. But if you worked at least just one day, you must be paid an advance in proportion to the hours worked (i.e., 50% of the salary or tariff rate for the time worked). The payment of wages, although twice a month, but with a delay of more than a month or half a month, also contradicts labor legislation. It was announced by the head of the department labor relations and wages of the Ministry of Health and Social Development of Russia N. Z. Kovyazina ("Tax Bulletin", N 8, 2004). Therefore, go to the accounting department (accounting department) and boldly ask them this question - HOW did these accountants plan to offend the Proletariat ??
- Lawyer's response:
Paid annual labor leave is intended for the employee's rest, restoration of working capacity, promotion of health and other personal needs of the employee and is provided for a certain number of calendar days with the preservation of the place of work (position) and the average salary. In accordance with Article 136 of the Labor Code of the Republic of Kazakhstan, for all cases of determining the average wage provided for by this Code, the Government of the Republic of Kazakhstan establishes a single procedure for its calculation. The calculation of the average wage is based on the Uniform Rules for Calculating the Average Wage, approved by the Decree of the Government of the Republic of Kazakhstan dated December 29, 2007 No. 1394 “On Approval of the Uniform Rules for Calculating the Average Wage” (hereinafter referred to as the Rules). According to paragraph 7 of the Rules, the average salary of an employee is calculated by multiplying the average daily (hourly) earnings by the number of working days (working hours) falling on the period of the event. The average daily (hourly) earnings in all cases is determined by dividing the amount of accrued wages in the billing period by the number of working days (hours), based on the balance of working time, respectively, with a five-day or six-day working week. Settlement period - a period of twelve calendar months preceding the event with which the corresponding payment (payment) is associated, or the period of time actually worked, if the employee worked for the employer for less than twelve calendar months, used to calculate the average wage. If the billing period has not been fully worked out, then the average daily (hourly) earnings are determined by dividing the amount of accrued wages for the hours worked by the number of working days (hours) with a five-day or six-day working week, respectively, falling on this worked time. Event - cases related to the maintenance or payment of the average wage in accordance with the Labor Code. Order of the Minister of Labor and social protection population of the Republic of Kazakhstan dated June 3, 2008 No. 135-p approved guidelines on the application of the Rules, which are posted on the website of the Ministry of Labor and Social Protection of the Population of the Republic of Kazakhstan in the heading "Regulatory and Legal Framework".
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"Salary paid to pay for vacation - must be issued to the employee no later than three calendar days before the start of the vacation (earlier, for example, 10 days - vacation amounts can be issued)"
- Lawyer's response:
Dear Olga! Since the Labor Code does not contain the concept of "advance payment", and Article 136 of the Labor Code of the Russian Federation provides for the payment of wages at least every half a month, the employer was obliged to pay you benefits within 10 days after the sick leave, at the earliest date for the payment of wages, established by the Rules of Internal labor schedule. It seems that the law has been violated in your relationship, and you have the right to appeal against the actions of the employer to the prosecutor's office or the state labor inspectorate.
- Lawyer's response:
Well, you got it, "pro" .... It’s good that now, asking your question, you have decided and you don’t confuse the payslip with the Time Sheet anymore ... Well, listen here and don’t say, no, no, don’t say you haven’t heard: According to part 2 of article 136 of the Labor Code of the Russian Federation, the form the pay slip is approved by the employer, taking into account the opinion of the representative body of employees. Therefore, there is no standard form of payslip. However, part 1 of article 136 of the Labor Code tells us what mandatory information should be on the payslip: - components of the salary; size and basis of deductions; - the total amount to be paid. In addition to this information, the pay slip, as a rule, contains the surname, name, patronymic of the employee; Personnel Number; name of the structural unit; job title; billing period; a note on the presence of debts on the salary of the employer to the employee for the previous period; the amount of the advance paid, etc. As a rule, the pay slip is created in the form of a table. The form of the payslip can be approved by an internal administrative document (order, order, etc.). But, understand: there is no legally established form of this sheet. This is the work of a specific organization: whatever he wants, he will write, with the obligatory inclusion of the above by me.
- Lawyer's response:
The concept of "advance on wages" in the Labor Code of the Russian Federation is absent. However, Article 136 of the Labor Code of the Russian Federation obliges the employer to pay wages to employees at least every half a month on the day established by the internal labor regulations, collective agreement, labor contract. Thus, based on the norms of the Labor Code of the Russian Federation, the advance paid for the first half of the month is part of the salary. "... the amount of the advance on the wages of workers for the first half of the month is determined by an agreement between the administration of the enterprise (organization) and the trade union organization at the conclusion of the collective agreement, however, the minimum amount of the specified advance must not be lower than the wage rate of the worker for hours worked." (Rostrud letter RF dated September 8, 2006 No. 1557-6)
- Lawyer's response:
The rules governing the payment of wages by the employer are par. 3 and 5 Art. 136 of the Labor Code of the Russian Federation: - wages are paid to the employee, as a rule, at the place of performance of work by him or transferred to the bank account indicated by the employee on the terms determined by the collective agreement or labor contract; - wages are paid directly to the employee, unless another method of payment is provided for by federal law or an employment contract. The first norm says that the salary is paid to the employee in cash or by bank transfer. Moreover, it refers to a non-cash transfer to the current account of the employee, and not to other persons (although it is not directly said about this). This conclusion is also confirmed by the second provision, which contains the general rule on the payment of wages directly to the employee. And only in the case when the federal law or the employment contract contains a special condition, wages can be paid in a different way, that is, not "directly to the employee." Here we can recall the transfer of wages to the bank account of the employee's spouse, as well as alimony to the current account of their recipient at the will of the employee (in the absence of a writ of execution or a notarized agreement on the payment of alimony). From the point of view of lawyers, the transfer of funds due to the employee as remuneration to the accounts of third parties at the request of the employee himself, as well as their offset against the payment of the debt to the employer himself, should be considered another way of remuneration in accordance with par. 5 st. 136 of the Labor Code of the Russian Federation. So in employment contract it is necessary to prescribe a special condition on this method of paying wages, only the application of an employee with a visa of the head of the employing organization seems insufficient for the lawful transfer of funds and non-payment of wages completely directly to the employee. The terms of the employment contract may look like this: "Salary is paid to the employee at the cash desk of the organization (or transferred to a bank account), also, at the request of the employee, agreed with the manager, the salary and / or part of it is transferred to third parties or sent to pay for the payments provided by the employer loan service worker". --- If there is no such clause in your employment agreement / contract, as well as a corresponding application drawn up by the employee himself, then par. 5 of Article 136 of the Labor Code of the Russian Federation (Chapter 21): "Wages are paid directly to the employee .... "Based on the foregoing, we can conclude that the refusal of your organization's accounting department to transfer wages in favor of third parties is legitimate.
- Lawyer's response:
According to Art. 136. "Procedure, place and terms of payment of wages" of the Labor Code of the Russian Federation [Chapter 21] [Article 136] Wages are paid at least every half a month on the day established by the internal labor regulations, collective agreement, labor contract. For certain categories of employees, federal law may establish other terms for the payment of wages. 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. P.S. Since 2012, a new procedure for conducting cash transactions has been in force due to the fact that the Bank of Russia approved a new Regulation on the procedure for conducting cash transactions with banknotes and coins of the Bank of Russia on the territory of Russian Federation dated 12.10.2011 No. 373-P, according to which the duration of the period for issuing from the payroll may not exceed five working days. This is the new normal. It is established in paragraph 4.6 of the Regulations. Previously, the period did not exceed three days (clause 9 of the old Order). P.P.S. The deduction is allowed, pay attention to the submission of mandatory documents To receive any social deduction, three mandatory documents are submitted to the IFTS at the place of residence of a citizen. 1. Application for the appropriate deduction. 2. Certificate of income in the form of 2-NDFL 3. Tax return. To receive a social tax deduction for education, in addition to the above mandatory documents, the following papers are submitted. 1. A copy of the contract with the educational institution for training. With a paid form of education, such an agreement is concluded in without fail. An important aspect: if the student has not reached the age of 18, then only the parent should sign the main agreement with the educational institution. This requirement follows from Art. 26 of the Civil Code of the Russian Federation. 2. A certificate from an educational institution confirming that the child's education took place in the relevant tax period on a full-time (full-time) form of education. According to the Tax Code of the Russian Federation, the deduction is provided to the parent only for the full-time education of the child. 3. A copy of a license or other document confirming the status of an educational institution. Copies of such documents educational institution presents at the conclusion of the contract. 4. Copies of payment documents confirming the deposit (transfer) of funds educational institution for the education of the taxpayer or his children. It should be clear from your payment documents who made the payment and for what. 5. Copies of documents confirming the data on the birth of children. The obligation to submit a birth certificate is indicated in the letter of the Federal Tax Service of Russia dated 06/23/06. Standard deduction for children of full-time students up to age 24. is 1000 rubles. (per 1 child) every month until your income per year on an accrual basis does not exceed the amount of 280,000 rubles. The standard tax deduction for a child is provided until the end of the year in which he reached the age (Article 218 of the Tax Code of the Russian Federation, paragraph 19, paragraph 4, paragraph 1): 18 years; - 24 years old if he is a full-time student, graduate student, intern, intern, student, cadet.
- Lawyer's response:
Labor Code of the Russian Federation Article 136. Procedure, place and terms of payment of wages Payment for vacation is made no later than three days before it starts. Letter of the Federal Service for Labor and Employment dated December 24, 2007 N 5277-6-1 "On leave with subsequent dismissal" The letter was considered by the Legal Department of Rostrud<...>We report the following. 1. In accordance with Art. 127 of the Labor Code of the Russian Federation, at the written request of the employee, unused vacations can be granted to him with subsequent dismissal (except in cases of dismissal for guilty actions). Providing an employee with unused leave with subsequent dismissal is the right of the employer, and not his obligation. When an employee is granted leave with subsequent dismissal, the last day of leave is considered the day of dismissal. However, all settlements with the employee are made before the employee goes on vacation, because after its expiration, the parties will no longer be bound by obligations. You should also deal with work book and other work-related documents that the employer is obliged to provide to the employee - they must be issued to the employee before going on vacation, that is, on the last day of work. This conclusion also follows from the Ruling of the Constitutional Court of the Russian Federation of January 25, 2007 N 131-О-О.
- Lawyer's response:
Lyubomir, according to Article 136 of the Labor Code of the Russian Federation (hereinafter referred to as the Labor Code of the Russian Federation), wages are paid at least every half a month on the day established by the internal labor regulations, collective agreement, labor contract. The Labor Code does not provide for such a concept as "advance", however, from the meaning of this norm it follows that the salary should be paid 2 times a month. In addition, according to Art. 56 of the Labor Code of the Russian Federation, one of the conditions that are mandatory for inclusion in an employment contract is the terms of remuneration, and this is also nothing more than what is said in Art. 136 of the Labor Code of the Russian Federation (naturally, indicating on what dates the salary will be paid)
- Lawyer's response:
According to Art. 136 of the Labor Code of the Russian Federation, wages are paid to the employee, as a rule, at the place where he performs work, OR IS TRANSFERRED TO THE BANK ACCOUNT SPECIFIED BY THE EMPLOYEE ON THE CONDITIONS DEFINED BY THE COLLECTIVE AGREEMENT OR EMPLOYMENT CONTRACT. Olga, obviously your organization is involved in the salary project - this is an agreement between the bank and the organization on the transfer of wages to the card accounts of the organization's employees. This project involves the mass issuance by the bank with which the contract is concluded by the employing organization of bank cards for employees who are recipients of wages. The company transfers wages to these cards. As a rule, for such cards there is a special mode for crediting money, as well as special conditions for withdrawing cash. At the same time, the fee for transferring funds to cards is usually charged to the employer and, depending on the conditions offered by banks, ranges from 0.15 to 3 percent of the transferred amounts. In addition, the annual maintenance fee and the issuance of the cards themselves, AS A RULE, ARE PAID OUT OF OWN MONEY by the employer. Regarding the card maintenance fee: the higher the status of the card, the more expensive its issuance and maintenance. It is possible that your management may choose the status of a card that allows you to pay for goods and services, both in Russia and abroad. in connection with which the fee for its maintenance can be quite high, although employees may not need such a card status. Regarding consent - at a minimum, employees must put their signature in the power of attorney to receive this very card with a PIN code, and de jure - give written consent to the transfer of wages to the employee on plastic card. So, de jure, for this, the employee must personally conclude a bank account agreement with the bank and submit a statement to the employer indicating a specific account for crediting the wages due to him (which, unfortunately, does not happen in practice). In the absence of such a statement, the employer is not entitled, and in principle, will not be able to apply the non-cash procedure for paying wages. According to the Civil Code of the Russian Federation (Article 421), citizens are free to conclude an agreement and coercion to conclude an agreement (with the exception of cases stipulated by the Law) is not allowed. Thus, the possibility of paying wages IN NON-CASH FORM entirely depends on the consent of the employee. It is not clear why you do not know what condition regarding the procedure for paying wages is contained in your employment contract, the original of which must be with you. Your employment contract may provide ONLY THE POSSIBILITY for an employee to receive a salary in a non-cash form. In fact, this condition will only take effect when the employee submits an appropriate application. In addition, an employee who has agreed to pay wages in a non-cash form may subsequently demand that they be paid in cash. He also has the right to change the bank account to which his salary is transferred, as well as the RIGHT TO CLOSE this account. IF the terms of the collective or labor agreement concluded with you do not provide for a NON-CASH METHOD of paying wages, then UNILATERALLY THE EMPLOYER IS NOT RIGHT TO CHANGE IT (Article 72 of the Labor Code of the Russian Federation). According to Article 135 of the Labor Code of the Russian Federation, the conditions of remuneration determined by an employment contract CANNOT BE DETERMINATED in comparison with those established by labor legislation and other regulatory legal acts containing labor law norms, a collective agreement, agreements, local regulations.
- Lawyer's response:
Article 136 of the Labor Code of the Russian Federation establishes that the payment of wages is carried out at least every half a month on the day established by the internal labor regulations, collective agreement, labor contract. Many enterprises, in order not to pay wages twice a month, collect applications from employees with a request to pay wages once a month. However, this practice is illegal. The fact is that other terms for paying wages than those established by the Labor Code of the Russian Federation can only be established by federal laws, and therefore, no statements from employees can be the basis for paying wages once a month. Despite the unambiguity of legislative regulation, a number of top managers and lawyers hold the position that, if there is an application from an employee, they can still pay wages once a month. Rostrud recently put an end to the discussion. In his letter No. 472-6-0 dated March 01, 2007 federal Service on Labor and Employment emphasizes the illegality of the practice of paying wages once a month (even if there is a corresponding application from the employee) and warns employers of possible liability for violation of the terms of payment of wages in accordance with Article 5.27 of the Code on administrative offenses RF. In April, you must pay an advance. On the last day of the month, calculate wages for the period from 04.06. to 04.30. Depending on the actual hours worked by each employee. Pay out wages minus the advance payment in May, on the day fixed for the payment of wages. "Account in April, and pay the wage arrears in May?" -Yes, that's right!
- Lawyer's response:
In accordance with Article 136 of the Labor Code, wages are paid at least every half a month on the day established by the organization's internal labor regulations, collective agreement, labor contract. The Labor Code does not regulate the specific terms for the payment of wages, as well as the size of the advance. At the same time, it should be borne in mind that, according to Decree of the Council of Ministers of the USSR of May 23, 1957 N 566 "On the procedure for paying wages to workers for the first half of the month is determined by an agreement between the administration of the enterprise (organization) and the trade union organization at the conclusion of the collective agreement, however, the minimum amount of the specified advance must not be lower than the wage rate of the worker for the hours worked. Thus, with regard to the specific terms of payment of wages, including the advance (specific dates of the calendar month), as well as the amount of the advance, they are determined by the internal labor regulations, the collective agreement, the labor contract. Thus, in addition to the formal fulfillment of the requirements of Article 136 of the Labor Code on the payment of wages at least 2 times a month by the employer, when determining the amount of the advance payment, the time actually worked by the employee (actual work performed) should be taken into account.
- Lawyer's response:
In accordance with Art. 136 of the Labor Code of the Russian Federation, vacation pay is made no later than three days before it starts. At the beginning (so as not to create conflict situation) I recommend that you contact the management in writing with a link to this article and a request for vacation pay.
- Lawyer's response:
By law According to part 9 of article 136 of the Labor Code of the Russian Federation, the employer is obliged to pay vacation pay to the employee no later than 3 days before the start of the holiday. Mistake #1: Working Day Calculation Some companies pay vacation pay to their employees 3 business days before the vacation starts. And although this is not a mistake that entails any punishment, it is still not a correct interpretation of the Labor Code of the Russian Federation. The fact is that in article 136 of the Labor Code there is no indication of which days to count when paying vacation pay: in working days or calendar days. That is why it is necessary to be guided by the provisions of article 14 of the Labor Code of the Russian Federation. It says that if the nature of the days is not specified in the legislation, then the calculation must be carried out in calendar days. So do not rush to transfer money to vacationers ahead of time, because the period established by law is quite sufficient to prepare workers for the next scheduled vacation. Mistake #2: Paying Vacation After Vacation Many companies pay vacation pay after the employee has taken their vacation. They do this mainly not on their own initiative, but at the request of the employee himself. You can understand the vacationer: the money will be more wholesome, because after the holidays, as a rule, they are so lacking. That's just such a gesture on the part of the employer can turn around for the company big problems. The fact is that the Labor Code of the Russian Federation does not contain such norms that would allow the employer to pay vacation pay later than three days before the start of the vacation (part 9 of article 136 of the Labor Code of the Russian Federation). And if the company nevertheless commits such a violation, the labor inspectorate can impose a significant fine. According to article 5.27 of the Code of Administrative Offenses of the Russian Federation, the head of an organization can pay from 1,000 to 5,000 rubles for such an act. And if such a violation is repeated, then the official may be disqualified for a period of 1 to 3 years. For legal entities, the fine is set at 30,000 to 50,000 rubles.
The employer is obliged to pay vacation pay to the employee no later than three days before the start of the vacation (Article 136 of the Labor Code). Moreover, this does not depend on the duration of the vacation and the reasons why it was taken.
- Lawyer's response:
article 136 of the Labor Code of the Russian Federation. Wages are paid to the employee, as a rule, at the place of performance of work by him or transferred to the bank account indicated by the employee on the terms determined by the collective agreement or labor contract. Therefore - 1. You may be denied your request 2. You may refuse the card and receive cash.
- Lawyer's response:
Vacation pay must be paid no later than three days before the start of the vacation. This is a general rule, prescribed in article 136 of the Labor Code of the Russian Federation. And there are no exceptions. And in Rostrud they also clarified that they mean three calendar days, and not working days (see letter dated December 21, 2011 No. 3707-6-1).
The actions of the employer are illegal. 1. By agreement between the employee and the employer, annual paid leave may be divided into parts. At the same time, at least one of the parts of this vacation must be at least 14 calendar days. (Article...
- Lawyer's response:
no, article 136 of the Labor Code clearly states that wages are paid at least every half a month. Even if an employee writes an application with a request to receive earnings once, this will be a violation and the employer may be held liable for violation of labor laws. Definitely.
- Lawyer's response:
The question and the supplement to the question do not match in content. In your case, since you received vacation pay, there are no violations of the Labor Code of the Russian Federation. The employer is obliged to pay vacation pay to the employee no later than three days before the start of the vacation (Article 136 of the Labor Code). And the accounting department will recalculate everything and all accruals and deductions will be indicated in the payslip.
- Lawyer's response:
In the VTB24 telebank or in the Avangard Internet bank, take the card details to replenish the card account. You write an application to the accounting department indicating the details of your account. Example: To the accounting department of Alpha LLC from sales manager Ivanov Ivan Ivanovich Application I ask you to transfer wages, as well as all the funds due to me during my work at Alpha LLC, to a special card account (SCS) using the following details: SCA No. 40817810200210009654 at JSCB Sberbank of Russia (OAO) BIK 044525225 c/c 30101810400000000225 at the OPERA of the Moscow GTU of the Bank of Russia. Ivanov / I. I. Ivanov / 02.04.2007 The procedure for payment of wages is established by Article 136 of the Labor Code. According to this norm, the money is given to the employee, as a rule, at the place of work or transferred to the bank account specified by the employee. The conditions for the payment of wages must be determined by a collective or labor agreement. Therefore, when concluding an employment contract with an employee, the employer should pay attention to this point. And if the company decides to switch to a non-cash form of settlement with personnel, it needs to provide in the contract the procedure and conditions for transferring salaries to a card (for example, at whose expense banking services will be paid). To employment contracts that have already been concluded at the moment, you can draw up supplementary agreement. It must be signed by both the employer and the employee. After all, changes to the employment contract can only be made if the employee does not mind. It is also desirable to prescribe the provisions on the non-cash form of payment in the text of the collective agreement. At the same time, the company has the opportunity to change the terms of the employment contract unilaterally. The employee's disagreement with such changes may become the basis for his dismissal under clause 7 of part 1 of article 77 of the Labor Code. However, as a rule, it does not come to such drastic measures. And if an employee flatly refuses to receive a bank card, then the employer usually meets him halfway. From the wording of Article 136 of the Code, it follows that the employee must document his desire to receive money on the card. To do this, each employee is required to submit an application to the employer with a request to transfer wages to a bank account. The application must indicate Bank details needed to transfer money. To avoid errors and claims, the application must be carefully checked by the employee and signed.
- Lawyer's response:
To get started, keep going to work and don't skip days, because you can be fired for absenteeism. Article 136 of the Labor Code of the Russian Federation provides for the obligation of the employer (organization or entrepreneur) to pay wages at least twice a month. Exact dates payments must be specified in the employment or collective agreement, another document, so that you can clearly start from the date of the delay to your salary. If the employer delays wages by more than 15, the employee has the right to: receive compensation for its delay; (Compensation is paid together with salary) stop work if the employer has delayed salary for more than 15 days; receive compensation for non-pecuniary damage caused by delayed wages. This follows from articles 142, 236 and 237 of the Labor Code of the Russian Federation and paragraph 63 of the decision of the Plenum of the Supreme Court of the Russian Federation dated March 17, 2004 No. 2. The employer must be notified of the suspension of work in writing, such a document can be drawn up in any form. This follows from article 142 of the Labor Code of the Russian Federation. The day after the employer notifies the employee in writing that he is ready to pay off the debt, you need to go to work. In this case, the salary debt must be paid on the day of going to work. Such conditions are provided for in article 142 of the Labor Code of the Russian Federation. Article 142 of the Labor Code of the Russian Federation establishes a list of cases when it is prohibited to stop work due to salary delays.
- Lawyer's response:
According to Article 136 of the Labor Code of the Russian Federation, vacation pay is made no later than three days before it starts. And according to Article 124 of the Labor Code of the Russian Federation - if the employee was not paid in a timely manner for the time of the annual paid leave, then the employer, at the written request of the employee, is obliged to postpone the annual paid leave for another period agreed with the employee.
- Lawyer's response:
No, if this is not reflected in the employment or collective agreement. Labor Code. Article 136 . 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 performance of work by him or transferred to the bank account indicated by the employee on the terms determined by the collective agreement or labor contract. 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 on the day established by the internal labor regulations, collective agreement, labor contract. For certain categories of employees, federal law may establish other terms for the payment of wages. 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. And yet, the bank always charges you% for using the banking service. As a result, you constantly lose part of your salary when you receive it + you spend time and money getting to a bank or ATM in which you may not have the entire amount of your salary. In general, if in the count. contract or employment contract is not reflected, then you have the right to disagree. And you will be right.
Tatyana Tarasova
The employer demands to change the salary bank. Is he right?
Galina Zaitseva
Anatoly Kozlitin
The employer refuses to accept an application for transferring funds to my card on sick leave (I'm going on maternity leave), referring to an employment contract - such as receiving funds at the place of work is prescribed there. I can't come in person. Is the employer right and how to insist on the transfer to the card? Thanks
Anna Romanova
Tell me the payment of wages should be in the current month or not necessarily
Ludmila Smirnova
The law on plastic cards, which will contain their salary. 2014
Nikolay Korchmarev
Where to turn if Article 136 of the Labor Code of the Russian Federation is violated? ch. 21 - Salary st.136 - . Specifically interested - "payment for vacation is made no later than three days before it starts." The payment of my vacation pay did not happen on time, they promised in two weeks, i.e. I'm going on vacation on the 1st, and I'll get vacation pay on the 14th-15th. Naturally, this does not suit me and all my plans were covered! But I look at them and are not itching to pay.
Edward Kharichkin
The impact of inflation on wages.
Ekaterina Efimova
I have a line in the payslip, what is it and should it be there ?. In my payslip there is a line "88 IndZprostRostConsumptionPrice", what is it and should it be there?
Ivan Marynich
Didn't get paid at work. What to do?. some workers were transferred. but according to the law of meanness - no to me)) what can be done? it's still a long way to the salary... does it make sense to go to the accounting department? or just stupid to wait s/n. it's a matter of principle here. maybe I have a loan or something...
Tamara Guseva
How is it calculated vacation days in RK? The Republic of Kazakhstan!! ! With a salary at the beginning of 45,000 tenge, and then from the first of April to 80,000 tenge per month, what amount comes out when calculating vacation pay for the period of work from July 2012 to July 2013 !!! Additional 4 times for 28 days paid business trip for 112 000 tenge
Anatoly Odnookov
And can they pay in advance on January 25, if I have been on maternity leave since December 6 and I passed the sick leave on December 9? Or just salary?
Leonid Senkiv
Should there be "88 IndZprostConsumptionPrice" on the payslip?
Vladislav Permitin(ov)
I was paid an advance of 20% of the salary is it legal or not
Vyacheslav Avdokhin
Can I transfer my salary to my wife's card? they just refuse me in accounting! do they have the right to do so?
Stepan Nezdoliev
In 2011, could salary be paid within 3 calendar days? And if among them were the weekend Sat.Sun.?. then whether it was possible in the statement of calculation. payment to indicate the payment period extended for these two weekends?
Igor Reutskikh
Please tell me, I took a vacation at work .. I took a vacation at work, from 24.08. until 11.09, we paid half of the vacation, I call the office and they say the rest will come on 10.09. (on the day of salary), please tell me if they have the right to do this? if not, how to deal with it? where to turn? Thanks in advance.
Vitaly Kuvykin
How long does it take for the money to be paid when going on vacation and then retiring?
Mikhail Bondar
Labor contract. Tell me, and the exact date of the advance payment and payment of wages should be indicated in the employment contract. Thanks in advance.
Valery Cheburkov
Can an employer oblige to receive salary on a card of a certain bank, I don’t know what is said about this in tr. contract.
Daniel Chizhevsky
On the payment of salaries to employees of a newly created organization .. Please tell me: is it worth paying salaries if the organization was created only on April 6, 2012, and income is planned in May 2012? How to reflect this in accounting: accrue in April, and pay wage arrears in May?
Anastasia Belyaeva
On the 21st, I received an advance payment of 5000 rubles. March 5 salary 900r. In general, I received 5900. Can the advance payment be more than the salary? before that it never happened. Avnas was always half the salary.
Inna Kolesnikova
How to proceed? I have been on another preferential leave for almost a month, and they don’t pay vacation pay .. On Far North it is necessary once in 2 years preferential travel. The fare was paid (50% money was transferred). But vacation pay was promised in advance, that is, on January 27-28, but the deadlines have all passed. Chief Accountant now he says that it was the beginning of the year, they opened accounts. And now vacation pay is promised in salary, and this is already February 13th. And on February 25, I'm already returning home with my family. Vacation ends. We had to return some tickets, now we are sitting in one place, but we could go to relatives and relax, in short. I know all the consequences of non-payment if you contact the Federal Labor Inspectorate. But I work in a position, and I understand the consequences of this appeal. But I can’t leave, because my family has nothing to do with it. What if I didn't have savings? I wouldn't leave at all, would I?
Valentin Likhodedov
What is the procedure for paying vacation pay? .The employer refuses to pay vacation pay in the month of going on vacation, explaining that since the vacation is in February, I can only get vacation pay with the February salary, i.e. in a month. Is this legal, and if not, what sanctions can be applied to the employer?
Timur Nasledyshev
Vacation pay at the beginning of the holiday or after the holiday? I have been on vacation for 9 days, but the money has not been transferred
Natalia Sokolova
Do I have the right to refuse? Do accounting departments, directors, budget-funded enterprises have the right to refuse me my desire to receive wages to another account in another bank? How to solve such a problem? They assure me that this is not possible, because they have an agreement with a specific bank. But nobody asked me and I didn't sign anything. The bank with which this enterprise has an agreement is NOT CONVENIENT! Explain why - long!
Anastasia Sergeeva
Please tell me the number of the article that describes what is in the state. Enterprises must issue fat bills (receipts) about salaries
Igor Babenin
Explain, a person wrote a vacation from 12.07, when does he need to pay vacation pay on 06.07 or 09.07? 07.07 and 08.07 days off
Vyacheslav Lyusin
The employee wrote a statement where he asked to divide his vacation into four parts of seven days during 2009. Workod
Vladimir Samosyuk
Look inside. Is it possible to pay wages once a month at the request or application of an employee? (point to the article of the Labor Code, pliz!!!)
Olga Sorokina
Within how many days do I have to make a full calculation of vacation pay from the moment I go on vacation? They gave out vacation pay, went on vacation, handed over tickets to pay for the trip there and back, they don’t return money for tickets. I called the settlement office, asking what was the matter, they said I had a debt and the road workers went to pay the debt. I began to understand and it turned out that they made a mistake and would make a recalculation, a month passed, but there was no recalculation, the road workers do not pay me, that's why I ask.
Victor Tarasyuk
Put cash on the Visa card. Good afternoon! I have 2 Visa cards - one from Avangard Bank, the second from VTB. one receives a salary, the second is transferred% of the contribution. In the near future I may go to new job where salaries are paid in cash. I'm used to using cards. Is it possible to put cash on cards? What is needed for this? Thank you!
Daria Golubeva
delayed salary for 2 weeks already. what to do? (state institution)
Pavel Skrebnev
In what order should vacation pay be paid: before vacation or after?
Vladimir Titaev
Can an employer oblige an employee to receive wages on a bank card? (It's just that the employer forces you to use the service of a certain bank. And I am categorically against using the services of this bank.)
Alexandra Ilyina
Weird paycheck. I wanted to get a job as a delivery courier in a cafe, the interview went even too well .. They take it with open arms, but there is one oddity. He asked - how is the salary paid? Deputy The dira with whom I spoke answers - once a month, on the 17th. I have to start already from March 5th. Accordingly, I thought that they would pay me money for these 12 days, which I would work out, but I decided to clarify. But suede answers me - "No, the payment will be already on April 17. The salary for March will be paid" Is it possible that they would pay for a month of work after 17 days ?? And if I decide to quit, it turns out that I will work for 17 days in vain, or what? Has anyone experienced this??
- Lawyer's response:
Of course, it is difficult to judge by one fact. There are different terms for paying salaries, and the fact that it is paid on the 17th does not mean with all certainty that you will work for free in March upon dismissal, since the payment of settlement upon dismissal has nothing to do with the day the salary is paid. It is made on the day of dismissal - if. of course, all according to the law. However. the labor code is binding on everyone: and for state enterprises. and for private. and for individual entrepreneurs. And this employer is already violating it - so. that the payment is made once a month. According to Article 136 of the Labor Code, "Salary is paid at least every half a month on the day established by the internal labor regulations ..". In other words, at least the salary should be paid TWO times a month: for the first half of the month and for the second. And this employer allows himself a violation even in such a trifle. Bad call.
The labor inspectorate will not help, then file a complaint with the prosecutor's office. Labor Code of the Russian Federation Article 136. Procedure, place and terms of payment of wages Payment for vacation is made no later than three days before it starts. Article 236. Liability of the employer for delay in payment of wages and other payments due to the employee (monetary compensation) in the amount of not less than one three hundredth of the current refinancing rate of the Central Bank of the Russian Federation from the amounts not paid on time for each day of delay, starting from next day after the due date of payment up to and including the day of actual settlement. The amount of monetary compensation paid to an employee may be increased by a collective agreement, a local regulation or an employment contract. The obligation to pay the specified monetary compensation arises regardless of the fault of the employer.
Art. 372 of the Labor Code of the Russian Federation for the adoption of local regulations. The pay slip form does not apply to the unified forms of primary accounting documentation for accounting for labor and its payment, approved by the Decree of the State Statistics Committee of Russia dated 01/05/2004 N 1. Among the forms approved by the said Decree, there is no pay slip form. Nevertheless, the employer organization, fulfilling the requirements of Art. 136 of the Labor Code of the Russian Federation, must develop and approve it as an internal local document of the company independently or provide for its form in the regulation on remuneration. In other words, the payslip is a mandatory document that must be drawn up in the organization. In practice, as a rule, organizations use the form of a payslip, which is generated automatically using an accounting program. The obligation of the employer to store the payslip with the signature of the employee at the legislative level is not provided. Information on the amount of the accrued payment to the employee and the deductions made, which should be contained in the payslip, is also duplicated in unified forms N T-49 "Payroll", N T-51 "Payroll", N T-53 "Payroll" . These forms are required to be completed and kept by the organization and contain the employee's signature. Moreover, if the organization applies form N T-49, then forms N N T-51 and T-53 are not filled out. For employees receiving wages using payment cards, only the payroll (N T-51) is compiled, and the settlement and payment (N T-49) and payroll (N T-53) are not compiled. If necessary, the employer organization can provide in the approved and developed form of the payslip the line "employee's signature" and establish, for example, in the regulation on remuneration the responsibility of the responsible person (accountant) for calculating wages and storing these documents.
Natalya Belyaeva
Maybe a person with a disability. A person worked as a driver, for the last 4 months he was on sick leave, received a disability of the 3rd working group, can he go on vacation at work, if in turn he missed the sick leave for vacation, and will he still have 42 days of leave as a driver, if now he cannot work as a driver.? And if he quits now, what payments are due to him?
- Lawyer's response:
I proceed from the fact that after 4 months of sick leave, a person went to work. Otherwise, your question is meaningless. The question can be answered in different ways. It all depends on which option suits the employee and the employer. Leave for the second and subsequent years of work may be granted at any time of the working year in accordance with the order of granting annual paid leaves established by the employer. Annual paid leave must be extended or postponed for another period determined by the employer, taking into account the wishes of the employee, in the cases listed in Article 124 "Extension or Postponement of Annual Paid Leave" of the Labor Code of the Russian Federation. One such case is sick leave. The list of cases in the article is open, and the organization itself has the right to determine other cases when the vacation can be extended or rescheduled. Naturally, they need to be recorded in the internal documents of the organization. What do the internal local documents in the organization where your person works say about this? They should be respected. The administration is obliged to provide them to you. Perhaps you will find answers to your questions in them. I will try to list typical situations. The employer must notify the employee about the vacation two weeks before it starts. Was there such a warning? It is important. If the employer misses this period, then he must postpone the vacation. A new vacation period is established in agreement with the employee, and an application must be required from the employee. Were there any vacation requests at all? This is also important. The accounting department must pay the employee vacation pay no later than three days before the start of the holiday. This is a requirement of part 9 of article 136 of the Labor Code of the Russian Federation. If the employer is late here, then the vacation will need to be postponed. Proceed from the fact that if the employee was not paid on time for the annual paid leave or the employee was warned about the start time of this leave later than two weeks before its start, then the employer, at the written request of the employee, is obliged to postpone the annual paid leave for another period agreed with the employee. Since the vacation (if your person has the right to it) the person earned as a driver, then 42 days will remain. The fact that he is now unable to work as a driver will matter for the next vacation, which he will already earn not as a driver. If he quits, compensation for unused vacation will receive. Try asking this question in the category legal consultation, labor law. Maybe someone will share their experience.
Established by the rules of the collective agreement (according to the Labor Code of the Russian Federation. Section VI. Article 136. Procedure, place and terms of payment of wages). In general, such a concept "advance" does not exist in the Labor Code of the Russian Federation. "Salary is paid at least every half a month on the day established by the internal labor regulations, the collective agreement, the employment contract." You honestly worked for two weeks and received the money you earned for it, then worked for another two weeks and again received the due cash fee for this ! And why do all employers call the first salary of the month in advance? ! They essentially do not lend you anything, but only pay you the money you earn for your work. And at each enterprise, firm, etc., they decide in their own way and write down in the documents how much the salary should be for the first two weeks of work per month (either it is fixed, for example: everyone is paid three thousand rubles, or floating: you can on your own every month to call the accountant the required amount of the first salary, for example: from a thousand to five thousand rubles can be paid to you for two weeks of work, for two weeks the amount of two and a half thousand rubles will be enough for you, which you will call the accountant), so feel free go to the accounting department and to the authorities so that they familiarize you with the procedure for paying wages, which is made twice a month.
Valentina Grigorieva
tell me, if I go on vacation with subsequent dismissal, should I be paid for it? Didn't have time to take advantage of my vacation!
The employer is obliged to pay vacation pay to the employee no later than three days before the start of the vacation (Article 136 of the Labor Code). Moreover, this does not depend on the duration of the vacation and the reasons why it was taken.
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.
Comments to Art. 136 Labor Code of the Russian Federation
1. The accrual of advances on wages is stated in the letter of Rostrud dated September 8, 2006 N 1557-6.
In accordance with Art. 136 of the Labor Code, wages are paid at least every half a month on the day established by the internal labor regulations of the organization, the collective agreement, the employment contract.
The Labor Code does not regulate the specific terms for the payment of wages, as well as the size of the advance payment.
At the same time, it should be borne in mind that, according to Decree of the Council of Ministers of the USSR of May 23, 1957 N 566 "On the procedure for paying wages to workers for the first half of the month", which is in force in the part that does not contradict the Labor Code, the amount of the advance payment on account of workers' wages for the first half of the month is determined by an agreement between the administration of the enterprise (organization) and the trade union organization at the conclusion of the collective agreement, however, the minimum amount of the specified advance must not be lower than the wage rate of the worker for the time worked.
As for the specific terms of payment of wages, including the advance payment (specific dates of the calendar month), as well as the amount of the advance payment, they are determined by the internal labor regulations, the collective agreement, the labor contract.
Thus, in addition to the formal fulfillment of the requirements of Art. 136 of the Labor Code on the payment of wages at least 2 times a month, the employer, when determining the amount of the advance payment, should take into account the time actually worked by the employee (actual work performed).
2. In accordance with Art. 13 of ILO Convention No. 95 "Regarding the Protection of Wages" (1949), the payment of wages, when paid in cash, must take place only on working days and at or near the place of work, if national law, collective agreement or decision arbitration body provide otherwise, or unless other means known to the workers are deemed more appropriate.
3. It is forbidden to pay wages in cafes or other similar establishments, and also, if it is necessary to prevent abuse, in shops retail and in places of entertainment, except in cases where wages are paid to persons working in such institutions.
4. The day of payment of wages is determined by the internal labor regulations, the collective agreement, the labor contract.
5. Wages are paid at least every half a month. The employer has no right to change this rule even with the consent of the employee. Payment of wages once a month is a gross violation of labor legislation, since for most workers wages are the only source of livelihood.
6. ILO Convention No. 95 draws attention to the need to pay wages to the worker directly concerned, unless he agrees to another payment option.
In order for the employee to use the vacation at his own discretion, the employer is obliged to pay for the vacation no later than 3 days before it starts.
If the employer did not fulfill his obligation: he did not warn about the beginning of the vacation or did not pay for the vacation, then the vacation, by agreement with the employee, is postponed to another period convenient for the employee. Postponement of vacation is the responsibility of the employer.
7. In the Ruling of the Constitutional Court of the Russian Federation of June 24, 2008 N 341-O-O "On the refusal to accept for consideration the complaint of citizen Kondrashov Alexander Gennadievich about the violation of his constitutional rights by part six of Article 136 of the Labor Code of the Russian Federation" the legal position of the Constitutional Court is given RF on the application of Art. 136 TK.
In his complaint to the Constitutional Court of the Russian Federation, the applicant asks that Art. 37 of the Constitution of the Russian Federation, Part 6, Art. 136 of the Labor Code, according to which wages are paid at least every half a month on the day established by the internal labor regulations, collective agreement, labor contract.
The Constitutional Court of the Russian Federation, having studied the materials submitted by the applicant, found no grounds for accepting his complaint for consideration.
Part 6 Art. 136 of the Labor Code, as follows from its content, is one of the guarantees for the realization of the employee's right to timely and full size payment of wages is aimed at ensuring the regularity of remuneration and cannot in itself be considered as violating the constitutional rights of the applicant indicated in the complaint.
The current version of Art. 136 of the Labor Code of the Russian Federation with comments and additions for 2018
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 on the day established by the internal labor regulations, collective agreement, labor contract.
For certain categories of employees, federal law may establish other terms for the payment of wages.
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.
Commentary on Article 136 of the Labor Code of the Russian Federation
1. General rules wage payments are regulated by article 136 of the Labor Code of the Russian Federation.
Part 1 of the commented article obliges the employer to notify each employee in writing:
- on the components of wages due to him for the relevant period;
- on the amounts of other amounts accrued to the employee;
- on the amount and grounds for the deductions made;
- about the total amount of money to be paid.
The notification is carried out by issuing a pay slip, the form of which is approved by the employer, taking into account the opinion of the representative body of employees.
The list of information established by part 1 of the commented article is mandatory for inclusion in the pay slip.
We also note that the Decree of the Goskomstat of Russia dated January 5, 2004 N 1 approved unified forms primary accounting documentation for the accounting of labor and its payment, including forms of payroll, payroll, payroll, payroll registration journal. However, from January 1, 2013, these forms are not mandatory for use (see the information of the Ministry of Finance of Russia N PZ-10/2012 "On the entry into force from January 1, 2013 of the Federal Law of December 6, 2011 N 402-FZ" On accounting ").
2. As a general rule, wages are paid to an employee at the place where he performs work, that is, directly at the location of his workplace, determined by the employment contract. At the same time, the payment of wages can be transferred to the credit institution indicated in the employee's application.
It should be noted that in accordance with the Federal Law of November 4, 2014 N 333-FZ "On Amendments to Certain Legislative Acts of the Russian Federation with regard to the Exclusion of Provisions Establishing Benefits for Certain Economic Entities", part 3 of the commented article was supplemented by a provision in according to which the employee is granted the right to replace the credit institution to which the wages are to be transferred, informing the employer in writing about the change in the details for the transfer of wages no later than five working days before the day of payment of wages. This provision, on the one hand, guarantees the right of the employee to freely choose and replace the credit institution to which his salary is transferred. On the other hand, a guarantee is established for the employer to notify him of a change by an employee of a credit institution, moreover, within a period that allows making the necessary changes in the relevant accounting documents.
The terms of the transfer are determined in the collective agreement or in the employment contract. The place and terms of payment of wages in non-monetary form are also determined by the collective agreement or labor contract.
3. According to Art. 5 of ILO Convention No. 95 "Regarding the Protection of Wages" (1949), wages will be paid directly to the worker concerned, unless national law, collective agreement or arbitration award otherwise provides, and unless the worker concerned agrees to another method.
In the Labor Code of the Russian Federation, a similar provision is provided for in Part 5 of Art. 136 of the Labor Code of the Russian Federation, which establishes that wages are paid directly to the employee.
An exception to this rule are cases where another method of payment is provided for by federal law or an employment contract.
The Constitutional Court of the Russian Federation indicated that the norms of Parts 3 and 5 of Art. 136 of the Labor Code of the Russian Federation are guarantees for the implementation of the right of the employee, enshrined in the Labor Code of the Russian Federation, to timely and in full payment of wages. Provisions of Part 3, 5 of Art. 136 of the Labor Code of the Russian Federation are aimed at ensuring the coordination of the interests of the parties to the employment contract when determining the rules for the payment of wages, at creating conditions for the unhindered receipt of it personally by the employee in a way convenient for him, which corresponds to the provisions of ILO Convention No. 143-O).
4. In accordance with Part 6 of Art. 136 of the Labor Code of the Russian Federation, wages are paid at least every half a month on the day established by the internal labor regulations, the collective agreement, the employment contract. The Labor Code of the Russian Federation does not establish specific terms for the payment of wages, as well as the size of the advance payment.
In the letter of Rostrud of September 8, 2006 N 1557-6 "Accounting advances on wages" it is indicated that, taking into account the provisions of the Decree of the Council of Ministers of the USSR of May 23, 1957 N 566 "On the procedure for paying wages to workers for the first half of the month", which is valid in the part that does not contradict the Labor Code of the Russian Federation, the specific terms for paying wages, including the advance payment (specific dates of the calendar month), as well as the amount of the advance payment, should be determined by the internal labor regulations, the collective agreement, the labor contract. Thus, in addition to the formal fulfillment of the requirements of Art. 136 of the Labor Code of the Russian Federation on the payment of wages at least 2 times a month, the employer, when determining the amount of the advance payment, should take into account the time actually worked by the employee (actual work performed).
A different period for the payment of wages can be established for certain categories of workers only by federal law (part 7 of article 136 of the Labor Code of the Russian Federation). For example, upon termination of an employment contract, payment of all amounts due to the employee from the employer is made on the day the employee leaves. If the employee did not work on the day of dismissal, then the corresponding amounts must be paid no later than the next day after the dismissed employee submits a request for payment.
If the day of the salary coincides with a weekend or non-working holiday, it is paid on the eve of this day.
Holidays are paid no later than 3 days before the start of the holiday.
For the delay by the employer in the payment of wages and other payments due to the employee, liability is provided.
So, if the employer violates the established deadline for paying wages, vacation pay, dismissal payments and (or) other payments due to the employee, the employer is obliged to pay them with the payment of interest (monetary compensation) in the amount of not less than one three hundredth of the current refinancing rate the Central Bank of the Russian Federation from the amounts not paid on time for each day of delay, starting from the next day after the due date of payment until the day of the actual settlement, inclusive.
Another commentary on Art. 136 Labor Code of the Russian Federation
1. The commented article introduces the obligation of the employer to issue a payslip to the employee, which should contain the following information:
a) on the structure of wages (established salary, tariff rate, allowances, additional payments, incentive payments, payments for work in special conditions, bonuses);
b) on the amounts of other amounts accrued to the employee (included in the wage system, but not reflected in other sections of the payslip, for example, amounts of monetary compensation for delayed payment of wages);
c) on the amount and grounds for deductions made (for tax with individuals; recovery of alimony and other amounts on the basis of court decisions; reimbursement of unworked advance payment on wages; repayment of unspent and unreturned advance payment; refund of overpaid amounts; reimbursement material damage caused to the employer; repayment of a loan issued by the employer; order of the employee, etc.);
d) the total amount to be paid.
2. The form of the pay slip is approved by the employer, taking into account the opinion of the representative body of employees. Application not approved by the employer in in due course forms of the payslip entails administrative responsibility, provided for by Art. 5.27 of the Code of Administrative Offenses (see also Decree of the Supreme Court of the Russian Federation of December 23, 2010 N 75-AD10-3).
3. The place of payment of wages to an employee, as a rule, is the place where he performs his work. It is determined by the local normative act of the organization (as a rule, the internal labor regulations) or the collective agreement.
Article 13 of ILO Convention No. 95 on the Protection of Wages (adopted at Geneva on July 1, 1979) prohibits the payment of wages in taverns or other similar establishments, and, if necessary, to prevent abuse, in retail stores and in places entertainment, except in cases where wages are paid to persons working in such institutions.
4. A collective agreement or an employment agreement may provide for the transfer of wages to the bank account indicated by the employee. An application for the transfer of wages to a bank account can be made by an employee at any time after the conclusion of an employment contract. The terms of the transfer are determined in the collective agreement or in the employment contract. As a rule, the transfer costs are borne by the employer.
5. If wages are paid in non-monetary form, the place and terms of its payment are specially established in the collective agreement or in the employment contract. In this case, the restrictions established by the said ILO Convention also apply. Along with this, the collective agreement or employment contract must establish the procedure for such payments (for example, the delivery of the relevant goods to the employee's home, the provision of transport for him or self-delivery).
6. As a general rule, wages are paid directly to the worker. A different procedure may be provided for in the employment contract. In addition, an employee may entrust the receipt of his wages to another person by proxy (for example, in connection with a long business trip or for other reasons).
7. Civil Code in Art. 30 establishes that if a citizen abuses alcohol or drugs or is addicted to gambling and thereby puts his family in a difficult financial situation, the court may recognize him as having limited legal capacity. A person recognized by a court as having limited legal capacity cannot independently receive wages and dispose of them without the consent of the trustee appointed to him. In this case, wages are issued to the trustee on the basis of his trustee's certificate or to the employee on the basis of the written consent of the trustee.
8. Wages must be paid at least every half a month. The establishment in collective agreements or local regulations of other terms (for example, once a month) violates this requirement of the law.
The legislation considers the payment of wages for the first half of the month not as an advance, but as wages for the past period, so its amount should be determined according to general rules, i.e. depending on the amount of time worked in the first half of the month, and cannot be less than the amount calculated on the basis of the tariff rate, salary and time worked in the first half of the month (see also decision of the Supreme Court of the Russian Federation of November 19, 2007 N GKPI07-961).
9. The date of payment of wages is established in the internal labor regulations, in a collective agreement or in an employment contract. Arbitrary establishment of this date by the employer is illegal. At the same time, the internal regulations, the collective agreement and the employment contract may also establish a different frequency of payment of wages - more often than twice a month, but also on the dates specified by these acts.
If the day of payment of wages coincides with a weekend or non-working holiday, then the payment must be made the day before.
If the day of payment of wages coincides with the second day off in a five-day working week (for example, Sunday), wages must be paid on the eve of the first day off (on Friday).
If the day of payment of wages coincides with a non-working holiday following the day off (weekends), wages must be paid on the eve of the day off (weekends).
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