Raising the minimum wage c. Minimum wage

Influence the situation with rising unemployment?

Let's take a closer look at all the latest news.

Legislative regulation of the issue

The definition of “minimum wage” means the minimum wage, which is established throughout the Russian Federation.

The amount of the minimum wage cannot be less than that established for able-bodied citizens of our country.

Ensuring the minimum wage falls on the shoulders of such funding sources:

It is worth noting that the minimum wage is regulated such legislative acts:

• Federal Law of the Russian Federation No. 232 “On the minimum wage”;
• the Labor Code of the Russian Federation, which gives a clear definition of the minimum wage and determines the procedure for its formation;
• Determination of the Constitutional Court No. 1160, which gives a complete answer to what exactly is included in the minimum wage.

Speaking about the size of the minimum wage, it is necessary to remember that it can also be influenced by regional legislative acts.

Based on the order of the Ministry of Labor of Russia dated August 24, 2018 No. 550n “On establishing the cost of living per capita and for the main socio-demographic groups of the population in the Russian Federation as a whole for the second quarter of 2018,” the cost of living for the working population is 11,280 rubles. Thus, the federal minimum wage from January 1, 2019 is equal to 11280 rubles.

What does this indicator expect in 2019?

Even before the autumn elections, members of the United Russia party argued that starting in 2018 it was necessary to expect an increase in the minimum wage to 8,800 rubles. Thus, the new figure could come close to the subsistence level for the entire country as a whole.

But a short time after these statements, it became known that the minimum wage would not be increased by a significant amount. This is due to the fact that the country’s budget simply cannot withstand such a sharp increase in wages.

For this reason, the Government of the Russian Federation decided to implement indexation of the minimum wage from July 2017 by 4% (remember, it was originally planned to increase by 17.1%). Thus, since July 2017, this amount has increased by 300 rubles and amounted to - 7.8 thousand rubles.

Without a doubt, such an increase in the size of the minimum wage will not greatly affect the well-being of our citizens, but it is also necessary to remember that today it is simply impossible to sharply load the country’s budget, which is already in limbo and could collapse at any moment.

In accordance with the regulations of the Labor Code (Article 133), the minimum wage should not be lower than the subsistence level established for the working population of the country. To equalize these indicators, the Government adopted Federal Law No. 421 of December 28, 2017. The introduced legislative innovations made it possible in 2018 to bring the minimum wage closer to the subsistence level by 85%.

But already in 2019 these values completely equalized. The minimum wage is prescribed in Federal Law No. 82-FZ of June 19, 2000 and is subject to annual indexation. Starting from January 1, 2019 and thereafter annually from January 1 of the corresponding year, the minimum wage is established by federal law in the amount of the subsistence level of the working-age population as a whole in the Russian Federation for the second quarter of the previous year.

Regional features

By focusing on the fact that the size of the minimum wage directly depends on the level of the cost of living, we can determine those regions where the highest wages are observed.

These regions include those whose budgets do not have problems filling their budgets. For example, we can note regions that are developed in the oil and gas industry. If we talk about the Far North, where there are more than high prices, which have made it possible to significantly increase the minimum wage.

It must be emphasized that regional minimum wage cannot be less than that established at the state level.

In 2019, in some regions of the Russian Federation there will be the following minimum wages:

1. In Moscow today there is a minimum wage of 18,742 rubles. According to the Moscow Region, this value is fixed at the level of 14,200 rubles.
2. In St. Petersburg, the minimum wage is set at 17,000 rubles.
3. In the Leningrad region, the figure was fixed at 11,400 rubles.

What to expect for entrepreneurs

Federal Law No. 335-FZ dated November 27, 2017 “On amendments to parts one and two of the Tax Code of the Russian Federation and certain legislative acts of the Russian Federation” has already been adopted and published:

Insurance premiums for compulsory health insurance in the amount determined in the following order:

• if the payer’s income for the billing period does not exceed 300,000 rubles, - in a fixed amount of 26,545 rubles for the billing period of 2018, 29,354 rubles for the billing period of 2019, 32,448 rubles for the billing period of 2020;
• if the payer’s income for the billing period exceeds 300,000 rubles, - in a fixed amount of 26,545 rubles for the billing period of 2018 (29,354 rubles for the billing period of 2019, 32,448 rubles for the billing period of 2020) plus 1.0 % of the payer’s income exceeding 300,000 rubles for the billing period.
• In this case, the amount of insurance contributions for compulsory pension insurance for the billing period cannot be more than eight times the fixed amount of insurance contributions for compulsory pension insurance established by paragraph two of this subclause;

Insurance premiums for compulsory medical insurance are in a fixed amount of 5,840 rubles for the billing period of 2018, 6,884 rubles for the billing period of 2019 and 8,426 rubles for the billing period of 2020.

How will the changes affect wages?

Indexation of the minimum wage will, of course, have an impact on wages. According to Article 133 of the Labor Code of the Russian Federation, wages (official) cannot be less than the established minimum wage. For this reason, there will be an increase in the “minimum wage” in the country.

If the employer refuses to increase the minimum wage, the tax authority has the right to fine him the amount from 30,000 rub. up to 50,000 rub.. For repeated violations, business entities will be fined 50,000-70,000 rubles. Separate financial sanctions are provided for management:

• the director may be fined 1,000-5,000 rubles (for a repeated violation, the fine may increase to 20,000 rubles);
• the chief accountant will be fined 1,000-5,000 rubles (for a repeated violation, the fine may vary in the range of 10,000-20,000 rubles).

But at the same time, it is necessary to remember that only those employees who were able to work a full calendar month without any complaints and fulfill their job duties without violations can apply for the new minimum wage.

We should also not forget that the new minimum wage will have an impact on many other compensation payments, including social ones, since it is on the basis of the minimum wage that they are formed, for example, if the average official salary for a certain period was less than the permissible amount.

In addition to determining the amount of payments, the minimum wage also has an impact on, for example, up to 1.5 years.

Many experts on the country's economic development point out that increasing the minimum wage, as a rule, has a negative impact on the development of society. This is due to the fact that an increase in the minimum wage always brings with it an increase in the percentage of unemployment and, as a consequence, an increase in crime.

In addition, with an increase in the minimum wage, it is necessary to prepare for an increase in utility bills, various fines and penalties.

According to the same experts, an increase in this indicator indicates an improvement in the standard of living of the population only in the case when indexation can fully cover the level of inflation, but until this happens, things are quite the opposite.

Starting from May 1, 2018, business entities can not pay its full-time employees wages in an amount less than the minimum wage (RUB 11,280). It is worth noting that the total earnings of workers may include not only remuneration for work performed, but also bonuses, as well as allowances and various compensation payments.

For information on indexing this indicator, see the following video:

We have already mentioned more than once in articles on the site that the minimum wage in 2017, if raised, will only be from the middle of the year, and not from January 1, as originally planned. Let's look at why this situation has developed and what the current minimum wage is.

First of all, the news is useful for accounting departments. Many are already accustomed to the fact that the beginning of the year is marked by many changes, including an increase in this indicator, which affects many calculations in the accounting activities of most companies. So, from January 1, 2016, the minimum wage became equal to the amount of 6204 rubles (376-FZ of December 14, 2015).

But the state apparatus decided not to rush this time.

The last time the payment rate was increased was last summer. From July 1, it was 7,500 rubles (FZ-164 dated June 2, 2016).

Therefore, at least until July of this year, benefits will be calculated according to the same indicator. And then a slight increase is planned - up to 7,800 rubles. These three hundred rubles, according to the state’s calculations, will be precisely due to the calculated inflation rate of 4%.

Salary according to the minimum wage from January 1, 2017

Let us remind you that the minimum wage is the minimum amount. Accordingly, employees of any companies and individual entrepreneurs cannot receive less than this. This is regulated by Article 133 of the Labor Code of the Russian Federation.

BUT! These are the realities before full calculation and deduction of taxes and various kinds of possible deductions. This means that after recalculation, the employee may receive an amount less than this established minimum amount.

A little more detail:

The general salary indicator includes:

1. Payment according to employment contract.
2. Various types of allowances salary, additional payments, compensation.
3. Bonus part of salary.

And the sum of these added parts should not, according to article number 129 of the Labor Code, be less than seven and a half thousand rubles.

As already mentioned, the minimum wage ensures the correct calculation of benefits at enterprises. This is natural in the following cases:

• When the employee’s working time is more than six months.
• AND if the employee’s salary is less than the minimum wage.

Regions

To understand, the minimum wage in the region may differ significantly from the federally established one. So, for example, if we take Moscow, then from October 1 the minimum wage there is 17,561 rubles (Article 133.1 of the Labor Code of the Russian Federation).

However, entrepreneurs have the right to submit an application to the Labor and Employment Committee of their region in order to formalize a refusal to follow the regional minimum wage in favor of the federal indicator. Such a statement must contain a justification for such a desire.

Responsibility under the law

It is clear that not every entrepreneur will want to increase pay for their employees. However, with an increase in the “minimum wage”, the salary should also not be less than 7,500 rubles. Therefore, if it is discovered that this requirement has not been met, the employer will face unpleasant consequences.

Specifically, a fine. Moreover, for companies it will start from 30 thousand rubles. The upper limit is up to 50 thousand rubles. If the violation is recorded again, the fine may increase to 70 thousand rubles.

This is for the entire organization. Specifically, the manager and chief accountant also have their own sanctions. Upon initial detection, you can get off with just a warning or a fine of up to 5 thousand rubles. But in the second case - up to 20 thousand rubles.

But in the worst case scenario, a disqualification of up to three years may follow. These consequences of dishonesty are regulated by Article 5.27 of the Code of Administrative Offenses of the Russian Federation.

Minimum wage increase from July 1

As you already know, it is planned that from mid-2017 the minimum wage will increase by three hundred rubles to 7,800 rubles. However, it is interesting to know that a completely different arrangement was originally planned. Thus, at the Eastern Economic Forum in 2016, Deputy Prime Minister Olga Golodets announced that the minimum wage would be as much as 8,800 rubles from January 1, 2017. Alas, the words, as we see, were not just not confirmed, but did not reflect the future situation at all.

From October 1, 2017, the minimum wage in Moscow will increase by 1,100 rubles - from 17,642 rubles to 18,742 rubles. This is provided for by the draft tripartite agreement between the Moscow government, the Moscow Association of Trade Unions and the Moscow Association of Employers dated December 15, 2015 No. 858-PP and by Moscow Government Resolution No. 663-PP dated September 12, 2017.

How is the minimum wage related to the cost of living?

The minimum wage in Moscow is tied to the subsistence level. If the cost of living becomes higher, then from the next month the minimum wage will also increase (clauses 3.1.1, 3.1.2 of the Moscow Government Decree dated December 15, 2015 No. 858-PP). The cost of living in the second quarter of 2017 in Moscow was equal to 18,742 rubles - Moscow Government Decree No. 663-PP dated September 12, 2017. In this regard, from October 1, 2017, the minimum wage is 18,742 rubles.

What does the capital's minimum wage include?

The new minimum wage from October 1 (18,742 rubles) should already include all types of bonuses and additional payments to employees, except for additional payments:

• for working in harmful and dangerous working conditions
• for overtime work;
• for night work;
• for working on weekends or holidays;
• for combining professions.

It is also important that with the new Moscow minimum wage from October 1, 2017, you need to compare the amount before deduction of personal income tax. That is, if the employee worked the full working time for October. This means that he will receive at least 16,305.54 rubles in his hands. (RUB 18,742 – (RUB 18,742 x 13%).

How to apply the new minimum wage

Any subject of the Russian Federation (including Moscow) can set its own minimum wage. But it cannot be lower than the minimum wage approved by federal law (Article 133.1 of the Labor Code of the Russian Federation). From July 1, 2017, the federal minimum wage is 7,800 rubles.

If the salary in Moscow to be calculated for October, November and December 2017 is lower than the minimum wage (18,742 rubles), then the employee must be paid extra. And from October 1, 2017. You can set the surcharge in two ways:

• increase salary;
• establish in a local act (for example, a separate order or Regulation on remuneration) an additional payment up to the minimum wage. That is, it should be directly stated that employees are given an additional payment up to the regional minimum wage. Then there will be no need to review salaries or change employment contracts.

Read also Insurance premiums for individual entrepreneurs “for themselves” in 2017: new sizes

An employee whose salary in Moscow is less than the new minimum wage may demand:

• additional payment for the period of validity of the new minimum wage from October 1, 2017;
• compensation for delayed payment from October 1, 2017 (Article 236 of the Labor Code of the Russian Federation).

The minimum wage in Moscow from October 1, 2017 does not affect the amount of benefits. Benefits are calculated based on the federal, not regional minimum wage.

If the salary is less than 18,742 rubles

If the Moscow salary for October, November and December 2017 is lower than the minimum wage, then the employer may be brought to administrative and criminal liability. An individual entrepreneur or director of an organization may be fined in the amount of 1,000 to 5,000 rubles, and an organization – from 30,000 to 50,000 rubles. (Part 1 of Article 5.27 of the Code of Administrative Offenses of the Russian Federation).

For a repeated violation, directors may be fined from 10,000 to 20,000 rubles. or disqualify for a period of one to three years. Fine for individual entrepreneurs for repeated violation: from 10,000 to 20,000 rubles, for a company – from 50,000 to 70,000 rubles. (Part 4 of Article 5.27 of the Code of Administrative Offenses of the Russian Federation).

Employer's refusal to accept the new minimum wage

Any employer has the right to refuse to apply the Moscow minimum wage. To do this, you need to draw up and send a reasoned refusal to the local branch of the Committee on Labor and Employment. The period is 30 calendar days from the date of publication of the tripartite agreement on the regional minimum wage (Article 133.1 of the Labor Code of the Russian Federation).

In this case, the refusal must be motivated, that is, you will need to indicate the reasons why your organization does not want to pay its employees the regional “minimum wage”. As such reasons, we can indicate, for example, “crisis”, “few orders”, “risk of mass layoffs of employees”. In Moscow, the refusal must be sent to the tripartite commission at the address: 121205, Moscow, st. Novy Arbat, 36/9.

The minimum wage is the minimum wage per month established by the Federal Law “On the Minimum Wage” dated June 19, 2000 N 82-FZ. Every year, the Federal Law “On Amendments to Article 1 of the Federal Law “On the Minimum Wage” appears and sets the minimum wage for the coming year.

• The minimum wage for 2014 was 5,554 rubles (Federal Law No. 336-FZ dated December 2, 2013);
• The minimum wage in 2015 was 5,965 rubles (Federal Law No. 408-FZ dated December 1, 2014);
• The minimum wage for 2016 was 6,204 rubles (Federal Law dated December 14, 2015 No. 376-FZ), and from July 1, 2016 it will increase to 7,500 rubles;
• The minimum wage in 2017 remained equal to 7,500 rubles, but from July 1, 2017, the minimum wage increased to 7,800 rubles (Federal Law No. 460-FZ dated December 19, 2016);
• The minimum wage at the beginning of 2018 was 9,489 rubles, and was later increased to 11,163 rubles (Federal Law No. 41-FZ dated March 7, 2018);
• The minimum wage in 2019 was 11,280 rubles (Federal Law No. 481-FZ dated December 25, 2018).

Application of the minimum wage

The minimum wage applies to:

• Regulation of wages. In accordance with the Labor Code of the Russian Federation, the salary of an employee of any organization for a fully worked month cannot be less than the minimum wage.
• Determination of the minimum amount of benefits for temporary disability, pregnancy and childbirth.

• government of a constituent entity of the Russian Federation;
• union associations;
• associations of employers.

Once the agreement is concluded, all employers are invited to join it: the proposal to join the agreement is officially published in the media. If the employer does not submit a reasoned written refusal within 30 calendar days from the date of official publication of the proposal, it is considered that the employer has acceded to the agreement and is obliged to apply it.

Regional minimum wages are required to be applied by commercial organizations and entrepreneurs of a constituent entity of the Russian Federation, separate divisions located in the constituent entity, government agencies financed from the budgets of constituent entities of the Russian Federation, and municipal institutions. Federal government, budgetary and autonomous institutions are not required to apply the regional minimum wage.

In addition to the regional minimum wage, bonuses and coefficients established in the region are applied. For example, in the Altai Territory, the agreement for 2019-2021 established a minimum wage of 13,000 rubles. At the same time, the regional coefficient of 15% applies in the region. This means that employers in the Altai Territory do not have the right to set wages below 14,950 rubles (13,000 × 1.15).

New minimum wage from January 1, 2019

From January 1, 2019, the minimum wage in the Russian Federation has changed. The new minimum wage increased to 11,280 rubles. This fact will affect the amount of the minimum benefit for a child under 1.5 years of age.

From January 1, 2018, the minimum wage will increase to 90% of the subsistence level of the working-age population, and from January 1, 2019 - to 100%. Government spending on increasing it in 2018 alone, according to the Ministry of Labor, will amount to about 100 billion rubles, with another 44 billion rubles. it will cost private companies.

A bill to increase the minimum wage to the subsistence level of the working-age population has been submitted to the government, the head of the Ministry of Labor, Maxim Topilin, announced on Friday. According to the document, it is planned to gradually increase the minimum wage: from January 1, 2018 it will reach 90% of the subsistence level, from January 1, 2019 - 100%. The order to prepare such a document was previously given by Prime Minister Dmitry Medvedev, Kommersant reports.

It is worth recalling that from January 1, 2017, regional authorities can establish in a special agreement their own minimum wage (minimum wage), which exceeds the federal minimum wage (Article 133.1 of the Labor Code of the Russian Federation). However, the regional minimum wage can be abandoned. For these purposes, you will need to issue a reasoned refusal and send it to the local branch of the Committee on Labor and Employment.

The minimum wage in Moscow depends on the subsistence level, which is set for the quarter. If the cost of living has increased, then the minimum wage increases to the same amount. But if the minimum decreases, the minimum wage remains at the same level (clauses 3.1.1, 3.1.2 of the Moscow Tripartite Agreement for 2016-2018 dated December 15, 2015). The Moscow government approves the subsistence level once a quarter. In November 2016, it decreased from 17,561 to 17,487 rubles (Moscow government decree No. 794-PP dated November 29, 2016). This means that until March 2017, the capital’s minimum wage will remain at the same level. Thus, the minimum wage in Moscow has not changed since January 1, 2017 and in the first quarter is 17,561 rubles. Moscow employers are required to apply a minimum wage of 17,561 rubles (including bonuses and allowances) until the new cost of living exceeds it. It doesn't matter which way the government changes it. If you pay employees less than 17,561 rubles, the labor inspectorate may fine you 50 thousand rubles (Article 5.27 of the Code of Administrative Offenses of the Russian Federation).

From December 1, 2016, the minimum wage in the Moscow region increased from 12,500 to 13,750 rubles (Agreement on the minimum wage in the Moscow region dated November 30, 2016 No. 118). The minimum wage in the Moscow region has increased for the first time in a year. The agreement on the regional minimum wage was officially published on December 21, 2016. Companies have until January 19, 2017 inclusive, to write a reasoned refusal from the regional minimum wage in favor of the federal one. Send the letter to the Ministry of Social Development of the Moscow Region at the address: 123592, Moscow, st. Kulakova, 20, bldg. 1. Then you can pay employees the federal minimum wage - 7,500 rubles per month. From July 1, it will rise to 7,800 rubles. If the company does not refuse the new regional minimum wage, then in December it will be necessary to give employees at least 13,750 rubles. Rostrud believes that the minimum wage can be raised retroactively (letter dated August 12, 2014 No. 2705-TZ). If wages are not raised, there is a risk of a fine of 50 thousand rubles (Part 6 of Article 5.27 of the Code of Administrative Offenses of the Russian Federation).

Minimum wage: official data

In Russia, the minimum wage or minimum wage is a legally established minimum used to regulate wages, as well as to determine the amount of benefits for temporary disability. The minimum wage is also used to determine the amount of taxes, fees, fines and other payments, which are calculated in accordance with the legislation of the Russian Federation depending on the minimum wage.

Employers do not have the right to pay employees a monthly salary less than the minimum wage. True, if an employee works part-time or part-time, then he can receive an amount per month that is less than the minimum wage, and there are no legislative obstacles here.