Place and deadlines for paying wages in non-monetary form. Salary issuance - example

In 2016, federal law of 03.06.2016 No. 272-FZ was adopted. This regulatory act is regulated by the timing of salaries in 2019. Recall, the changes came into force on October 3, 2016 and operate to today. In existing legislation, changes were made, according to which the salary cannot be issued later than the 15th day of the month following the calculated one. The following important changes should also be highlighted:

• increasing the degree of material liability of the employer in front of the employee;
• the size of fines for violation of labor legislation increased;
• increased size monetary compensation An employee for non-compliance with the timing of salary payment.

In our today's material we will tell about how to bring labor Relations with employees in accordance with the changed legislation.

The timing of salary payment in 2019 on the TK RF

Changes in the TK RF in the timing of salaries in 2016 touched by Art. 136. Labor Codedetermining the deadlines for paying salary in Russia. To date, this article has not established specific salary issuance. The only obligation that this article lay on the employer was to pay a salary at least once every half months.

The timing of salaries in 2019 is strictly regulated. In accordance with Art. 136 of the Labor Code of the Russian Federation, as before, wages should be paid at least once every two weeks. At the same time, the article now provides clarification that the issuance of salary should occur no later than the 15th day of the next month.

Specific times for paying salaries in 2019 should be indicated in labor and collective agreements, the rules of internal labor routine.

I must say that according to statistics, most employers are already issuing a salary to the 15th day of the next month. However, the local regulatory acts of the enterprise (IP) listed above and the contract may not contain these conditions. Therefore, if necessary, employers should make appropriate changes in them.

Salary and advance payment

In accordance with the legislation, the break between the issuance of an advance and salaries should be no more than fifteen days.

For example, if an organization or individual entrepreneur Issue to employees an advance of 20 numbers, the salary should be issued no later than the 5th day of the next month. If the advance is issued 30 numbers, then the salary is no later than 15. Violation by enterprises of labor legislation in this part, in accordance with Art. 5.27 Administrative Code of the Russian Federation, entails a penalty worth up to 50,000 rubles.

At the same time, the issuance of a salary previously established by local regulatory acts of the period is not a violation.

Checking local regulatory acts

Specific payments wages Many enterprises reflected in the rules of labor regulations and in labor regulations. The law on the timing of salaries in 2019 does not prohibit this. However, by the time of the entry of the law into force, the payout time must be brought into compliance with the requirements of this law.

In turn, the employer must introduce employees with local regulations with changes under the painting.

Checking employment contracts

A similar situation with labor and collective agreements. They should reflect the timing of salary payment in 2018. It is possible that their content is already fully consistent with the requirements of the new law. But it is possible that salary is allowed in the contract later than the 15th day of the next month, for example, 20 numbers. It may also be that the break between the payment of an advance and payment of salaries is more than 15 days.

According to the changes under consideration, these are violations.

Notification of workers about changes

To make appropriate changes to the employment contract, it is necessary to send an employee a written notice of changes in the conditions of employment contract. The notification must list the terms of the Agreement indicating specific reasons and grounds. IN this case The notification should contain new deadlines for paying wages under the TC RF.

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

Additional agreement to the contract

In addition to editing the contract itself, it is necessary to conclude additional. Agreement in which new payroll payroll will also be recorded.

Amendments to the contract and conclusion of a new such Agreement It is enough to change the timing of payroll. In the publication of the order for transferring the timing of salaries, there is no need.

Material responsibility for violation of deadlines

According to the current legislation, the violation of the timing of salaries is entails material responsibility for the employer. The corresponding position is contained in Art. 236 TK RF. In accordance with the new law, material liability will be increased.

Increase compensation

Recall, the amount of compensation for the delay in wages is calculated as percentage of the amounts unpaid employee within the prescribed period. From October 3, 2016, the compensation size was increased.

Until 3/12/2016, compensation was 1/300 of the refinancing rate of the Bank of Russia for each day of delay. From 10.10.2016 it is 1/150 rates of refinancing of the Bank of Russia for each day of delay. In 2019, the refinancing rate is 7.75%.

Increased administrative fines

Administrative fines for salary delay from 10.10.2016 also changed, their values relevant for 2019. Their sizes along with the size of the fines acting prior to the entry of the new law into force are shown in the following table:

Responsible person	Penalties until 03.10.2016	Penalties operating in 2019
Head of the company	1000-5000 rub. or warning	10,000-20 000 rubles. or warning
	1000-5000 rub.	1000-5000 rub.
Entity	30 000-50 000 rubles.	30 000-50 000 rubles.
Repeated payment delay
Head of the company	10,000-20 000 rubles. or disqualification for 1-3 years	20 000-30 000 rubles. or disqualification for 1-3 years
	10,000-20 000 rubles.	10 000-30 000 rubles.
Entity	50 000-70 000 rub.	50 000-100 000 rubles.

It is also necessary to remember that the employer can be attracted to administrative responsibility if employee salary is set at the level of the minimum wage. Recall, in 2019, the size of the minimum wage, in accordance with federal legislation, is 11,280 rubles. At the same time, the size of the minimum wage in individual regions may differ from this figure.

Also note that in addition to the fines for the payment of salaries later, the deadline will be able to finish the employer if the salary will be lower than the minimum wage. The penalty for the organization will be from 30,000 to 50,000 rubles. Recall that from July 1, 2018, the federal minimum wage is 11,280 rubles. However, if the regional minimum wage is installed, the employers have the right to navigate it.

Court delivery time

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

If earlier for the submission of a claim in court, an employee was given only three months, now start the protection of their labor rights In court, he will be able throughout the year since the established period of salary payment.

The material is updated in accordance with the current legislation 23.02.2019

It can also be useful:

Information useful? Tell your friends and colleagues

Dear readers! Website materials The site is devoted to modeling methods for solving tax and legal issues, but each case is unique.

If you want to know how to solve your question - contact. It's fast and free! You can also consult by phone: MSK - 74999385226. SPb - 78124673429. Regions - 78003502369 257.

It is precisely the issuance of wages to employees, quite detailed in the Labor Code (Specifically: 136 article). This question is replete with a binding nuances. The employer must not just give out money to his workers in the amount established by the contract, but to do it regularly, strictly observing the order. Let's wonder what Article 136 says about (RF).

The document contains specific norms, mandatory for the administration of the enterprise. By the way, their non-fulfillment threatens to officials with measures of impact on the part of the regulatory authorities. 136 The article prescribes employers to inform workers about:

• sizes of basic and additional payments;
• retained amounts with bases;
• the total number of funds accrued.

The listed data should be provided to people in a seamless form before they receive access to due to funds. In addition, the text contains conditions regulating the place, timing and order of specific operations on the payment of earned money. It should be noted that the standards that are included in Article 136 of the Labor Code are rather strict. Let's proceed to their more detailed study.

Estimated leaf

So called a special approved document containing necessary information. 136 The Article TC provides that the administration should act openly in accordance with the legislation. It is not allowed to conceal financial information about the accounts from the employee in respect of which the operations are made. The fact is that we are not only charged by some amounts of salary, premium, compensation, indexation, and the like, in addition, is carried out, for example, taxes. All this must be brought to the owner of the account. Operations performs an accountant. It may well make a mistake, show elementary inattention. 136 Article is compiled in such a way as to eliminate the occurrence of protracted controversial issues. Non-understanding, of course, happens. But the employee has the right to receive from the administration (read: accounting) full and detailed analysis of operations. The form of the calculated sheet must be approved by the internal act. This question details Article 372 of the specified Code.

Place of receiving Oklada

Legislation provides the right to worker and the enterprise to agree on where the calculation will be calculated. There are two main options:

• at the location of the administration;
• at the expense of the bank.

The legislator clarifies that the parties can voluntarily identify other conditions for the transfer of earned funds. They should be specified in the contract or special agreement. This item is extremely rarely implemented, only under certain conditions of work. For example, if a person is sent on a business trip to a country with which intergovernmental agreements on financial transactions are not concluded, or into a wilderness. Do you know, is it possible in this case to implement Article 136 of the Labor Code of the Russian Federation? Accountant send to wild edges regularly? Of course not. The parties agree, in what time frames and in what conditions payment will be made, as a rule, at the end of the task execution, after the transmission of research results.

Employee Responsibilities and Rights

For which the administration is responsible, we disassembled (at this moment). But the worker also has duties. Namely: he must inform the enterprise on the details of his personal account in writing. Without such paper, the listing accountant does not have the right. It is strictly controlled and is not empty formality. If a person wants to change the bank, then reports the administration. It is necessary to write a relevant statement, addressed to its boss or head of the financial department. It is necessary to do this no later than five days before the next payment. Otherwise, experts will not have time to process the document. As a rule, the paper is written to the name of the chief accountant, so as not to generate excess bureaucracy. No one no such application concerns.

Dates of payout

The following condition, which describes our article, suggests that the employee needs to transmit the employee. It is recommended to divide into two parts. In any case, the legislator obliges the administration to make payments with regularity in half a month. We are accustomed to calling these arrivals: an advance and salary. All nuances of money relations are determined in their own prescribed in money are transmitted, as a rule, personally worker. But there are conditions when they come to another person. For example, when the employee suddenly dies. Specific situations are determined by special regulatory acts, they must be made to the contract. In addition, the article calls the term of this amount to the employee should be given no later than three days before the start of rest. TO special conditions Recommend the recommendation on the procedure of payments if Tony occur on the weekend. The amount in this case should be at the disposal of the worker on the working day preceding free.

With comments

2016 did not bring any changes regarding the Legislation Point under consideration. Experts, commenting on it, indicate that the provisions of the article are strictly mandatory for implementation. Unfair employers try to avoid the need to make payments regularly. This is permitted only when enshrined by the terms of the contract or other bilateral document. That is, the parties must agree to other conditions that arrange both. For violation of the provisions of the article, punishment is provided - a fine. The employee should be aware that the execution of labor legislation is controlled by government agencies. If the administration behaves unfair, does not pay on time, then it must be safely applied to the appropriate authority. The inspector will check all the documents and will decide. But before complaining, you need to check the paper regulating the order of payments in the enterprise. Perhaps you did not read something or forgotten. Check the internal regulations and other papers. You can find them in the personnel or lawyer. They are not secret and must be provided to you to familiarize yourself as when you receive work and in another time.

Current edition of Art. 136 TK RF with comments and additions for 2018

When paying salary, the employer must notify each employee in the writing:
1) O. component parts salary due to him for the corresponding period;
2) about the sizes of other amounts accrued by the employee, including monetary compensation for violation by the employer of the established period, according to the payment of wages, pay for leave, payments for dismissal and (or) other payments due to the employee;
3) about the size and the foundations of the deductions made;
4) about the total monetary amount to be paid.

The form of the estimated sheet is approved by the employer, taking into account the opinion of the representative body of workers in the manner established by Article 372 of this Code for the adoption of local regulatory acts.

Salary is paid to the employee, as a rule, at the place of their work, it is either translated into a credit institution specified in the statement of the employee, on the terms of certain collective contract or labor contract. The employee is entitled to replace the credit institution in which the wage must be transferred, saying in writing to the employer about the change in details for the transfer of wages no later than five working days before the day of the payroll.
The place and timing of the payment of wages in non-monetary form is determined by a collective agreement or employment contract.

Salary is paid directly to the employee, except when a different payment method is provided for by federal law or labor contract.

Salary is paid at least every half months a day, mounted rules internal labor regulations, collective contract, labor contract.
For some categories Employees of federal law can be established for other periods of paying salary.

With the coincidence of the day of payment with the weekend or non-working holiday, the payment of wages is made on the eve of this day.

Payment of vacation is made no later than three days before it started.

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 on the employer is entrusted with the obligation to notify each employee in writing:
- on the constituent parts of the wage, due to him for the corresponding period;
- about the sizes of other amounts accrued by the employee;
- about the size and the foundations of the deduction;
- About the total monetary amount to be paid.

The notice is carried out by issuing a settlement sheet, the form of which is approved by the employer, taking into account the opinion of the representative body of workers.

The list of information established by Part 1 of the commented article is required for inclusion in the settlement sheet.

We also note that by the decision of the State Statistics Committee of Russia of January 5, 2004 N 1 approved unified forms The primary accounting documentation for labor accounting and its payment, among which the forms of the settlement and payment statement, the settlement statement, the payment statement, the registration journal of the payment statements. However, from January 1, 2013, these forms are not mandatory to use (see the information of the Ministry of Finance of Russia N PZ-10/2012 "On the entry into force from January 1, 2013 Federal Law dated December 6, 2011 N 402-FZ "On Accounting").

2. Assembled, wages are paid to the employee at the place of work, that is, directly at the location of its workplace defined by the employment contract. At the same time, paying wages can be listed in a credit institution specified in the employee's statement.

It should be noted that in accordance with the Federal Law of November 4, 2014 N 333-FZ "On Amendments to Selected Legislative Acts Russian Federation In terms of excluding the provisions that establish advantages for individual economic entities "Part 3 of the commented article was supplemented by the Regulations, in accordance with which the employee was granted the right to replace the credit institution in which the wages must be transferred, saying in writing to the employer to change the details for translation in writing wages no later than five working days before the day of wages. This provision, on the one hand, guarantees the right of an employee to freely choose and replacing the credit institution in which its salary translates. On the other hand, the guarantee of its notice is established for the employer. About the change of a credit institution worker, and, in a period that allows the necessary changes in the relevant accounting documents.

The terms of the list are determined in the collective agreement or in the employment contract. The place and deadlines for paying wages in non-cash form are also determined by a collective agreement or employment contract.

3. According to Art. 5 CONVENTION ILO N 95 "Regarding the protection of wages" (1949) wages will be paid directly to the workers' workshop if national legislation, a collective agreement or the decision of the arbitration body does not provide for the other, and if the interested workers do not agree to another method.

In the TK RF, a similar provision is provided for by Ch.5 Art. 136 of the Labor Code of the Russian Federation, which establishes that the wage is paid directly to the employee.

The exception to the specified rule is cases where a different method of payment is provided for by federal law or employment contract.

The CS of the Russian Federation pointed out that the norms are cp.3 and 5 tbsp. 136 of the Labor Code of the Russian Federation represent a guarantee of the implementation of the enshrined TK RF employee's right to timely and in full size Payroll payment. Provisions Ch.ch.3, 5 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, to create the conditions of unhindered receipt of it personally, a personally convenient for it, which corresponds to the provisions of the ILO Convention N 95 (see the definition of the CS of the Russian Federation of April 21, 2005 N 143-O).

4. In accordance with Part 6 of Art. 136 TK RF wages paid at least every half months per day established by the rules of internal labor regulations, a collective agreement, an employment contract. Specific deadlines for paying wages, as well as the size of the advance of the Labor Code of the Russian Federation, does not establish.

In a letter to Rostruda dated September 8, 2006, N 1557-6 "Accrual of salary advances" states that, given the provisions 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 operates In terms of not contrary to the Labor Code of the Russian Federation, the specific timing of salary payments, including advance (specific number of calendar months), as well as the size of the advance should be determined by the rules of the internal employment regulations, a collective agreement, an employment contract. Thus, in addition to 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 in determining the size of the advance should take into account the time actually spent by the employee (actually performed).

Other payroll will be established for individual categories of workers only by federal law (Part 7 of Art. 136 of the Labor Code of the Russian Federation). For example, with the termination of the employment contract, the payment of all amounts due to the employee from the employer is produced on the day of the employee's dismissal. If the employee on the day of dismissal did not work, then the corresponding amounts should be paid no later than next day After presenting a dismissed employee, the calculation claims.

If the day of salary coincides with the weekend or non-working holidays, it is paid on the eve of this day.

Payment of vacation is made no later than 3 days before it started.

For the delay in the employer of payments of wages and other payments due to the employee, material responsibility is provided.

So, in violation by the employer of the established period of payment of wages, payment of vacation, payments for dismissal 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 not lower than one three hundred inert The Central Bank of the Russian Federation from the amounts unpaid on the term for each day of delay starting from the next day after the established period of payment on the day of the actual calculation inclusive.

Another comment to Art. 136 TC RF

1. The commented article introduces the obligation of the employer to issue a settlement sheet to the employee, which should contain the following information:

a) about the structure of wages (established by official salary, a tariff rate, surcharge, surcharges, stimulating payments, payments for work in special conditions, premiums);

b) about the sizes of other amounts accrued by the employee (which included in the wage, but not reflected in other sections of the settlement sheet, for example, the amount of monetary compensation for delay in the payment of wages);

c) about the size and grounds of the deductions (tax individuals; recovery of alimony and other amounts on the basis of court decisions; reimbursement of the indisputable advance payment of wages; the repayment of the unspent and non-refundable advances; return overly paid amounts; Reimburse material damagecaused by the employer; return of a loan issued by the employer; Order of the employee and so on.);

d) by total amountPayable.

2. The form of the estimated sheet is approved by the employer, taking into account the opinion of the representative body of workers. Application not approved by the employer in installed manner Forms of the settlement sheet entails administrative responsibility provided for by Art. 5.27 Administrative Code (see also the decision of the Armed Forces of the Russian Federation of December 23, 2010 N 75-ad10-3).

3. The place of payment of wages to the employee, as a rule, is the place of performance of work. It is determined by the local regulatory act of the organization (as a rule, the rules of the internal labor regulation) or collective agreement.

Article 13 of the Convention N 95 ILO "On Protection of Wages" (adopted in Geneva on July 1, 1979) prohibits the payment of payroll in taverns or other similar establishments, and also if it is necessary to prevent abuse in stores retail And in the places of fun, except in cases where wages are paid to persons working in such institutions.

4. A collective agreement or employment contract may be provided for the transfer of wages to the bank specified by the employee in the Bank. An application for the transfer of wages to the bank account can be done by the employee at any time after the conclusion of the employment contract. The terms of the list are determined in the collective agreement or in the employment contract. As a rule, the cost of transfer assigned to the employer.

5. If the salary is paid in non-monetary form, the place and timing of its payment is specifically established in the collective agreement or in the employment contract. In this case, the limitations established by the ILO Convention are also valid. Along with this, in a collective agreement or employment contract, it is necessary to establish the order of such payments (for example, the delivery of the appropriate goods to the home employee, providing him with transport or self-delivery).

6. As a general rule, salary is paid directly to the employee. Another order can be provided in the employment contract. In addition, the employee may entrust the receipt of its 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 with alcoholic beverages or narcotic drugs or is experiencing addiction to gambling and thereby puts his family to heavy financial situationThe court can recognize it limitedly capable. The person recognized by the court is limited by the capable, cannot independently receive wages and dispose of it without the consent of the trustee appointed to him. In this case, the salary is issued to the Trustees on the basis of its Board of Trustees or employee on the basis of the written consent of the Trustee.

8. Wages should be paid at less often than every half months. Establishment in collective agreements or local regulatory acts of other terms (for example, once a month) violates this requirement of the law.

Legislation is considering paying salary for the first half of the month not as an advance, but as a labor payment for the past period, therefore its size should be determined by the general rules, i.e. Depending on the amount of spent time, coming to the first half of the month, and there can be no less than the amount calculated on the basis of the value tariff rate, salary and time spent in the first half of the month (see also the decision of the Armed Forces of the Russian Federation of November 19, 2007 N GKPI07-961).

9. The payment of wages is established in the rules of the internal labor regulation, in the collective agreement or in the employment contract. An arbitrary establishment of this date by the employer is wrongful. At the same time, in the rules of the internal regulation, the collective agreement and the employment contract can also be established and other frequency of paying the payment of wages - more often than twice a month, but also in the date defined by these acts.

If the payroll day coincides with the weekend or non-working holiday, then the payment must be made on the eve.

If the wage payment day coincides with the second day off during the five-day working Week (for example, on Sundays), wages must be paid on the eve of the first day off (on Friday).

If the payroll day coincides with the non-working holidays, following the day off (weekends), the salary must be paid on the eve of the day off (weekends).

Consultations and comments of lawyers on the legislative system of the Russian Federation

If you have any questions on the legislation of the Russian Federation and you want to be confident in the relevance of the information provided, you can consult the lawyers of our site.

You can ask a question by phone or on the site. Primary consultations are held free from 9:00 to 21:00 daily Moscow time. Questions received from 21:00 to 9:00 will be processed the next day.

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

1) on the constituent parts of the wage, due to the corresponding period;

2) about the sizes of other amounts accrued by the employee, including monetary compensation for violation by the employer of the established period, according to the payment of wages, pay for leave, payments for dismissal and (or) other payments due to the employee;

3) about the size and the foundations of the deductions made;

4) about the total monetary amount to be paid.

The form of the estimated sheet is approved by the employer, taking into account the opinion of the representative body of workers in the manner established by the article of this Code to take local regulations.

The salary is paid to the employee, as a rule, at the place of their work, it is either translated into the credit institution specified in the statement of the employee, on the conditions defined by the collective agreement or employment contract. The employee is entitled to replace the credit institution in which the wage must be transferred, saying in writing to the employer about the change in details for the transfer of wages no later than five working days before the day of the payroll.

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

Salary is paid directly to the employee, except when a different payment method is provided for by federal law or labor contract.

Salary is paid at least every half months. A specific date of payment of wages is established by the rules of the internal labor regulation, a collective agreement or employment contract no later than 15 calendar days from the date of the end of the period for which it is accrued.

With the coincidence of the day of payment with the weekend or non-working holiday, the payment of wages is made on the eve of this day.

Payment of vacation is made no later than three days before it started.

Comment to Art. 136 TK RF.

1. The obligation of the employer in writing to inform the employee about the constituent parts of its wages each, with each payment, sizes, and retention grounds, as well as about the total monetary amount, the relying worker, complies with the provisions of the ILO Convention N 95 "regarding the protection of wages" (1949 .). 2 The above information is contained in estimated leaf, the form of which is approved by the employer, taking into account the opinion of the representative body of workers (see Comment on Art. 372 TC) .3 Wage payroll, cash or non-cash form of settlements, wage issues in non-monetary form (see a commentary on Art. 131 TC) are determined by a collective or employment contract, and the frequency of payments and the rules of the internal labor regulation, unless otherwise established by federal law. four. When granting a vacation, as well as in a number of other cases, a specific day of wages is established by TC (see also a comment on Art. Art. 140 - 142, 234, 236 TC).

Judicial practice under Article 136 TK RF

Definition of the Constitutional Court of the Russian Federation of 02.03.2006 N 60-O

The Labor Code of the Russian Federation, which is regulated by the implementation of the constitutional right to rest, provides for the general and special procedure for the employers of annual paid leave by their employees. In general order, a specific calendar period of use by an employee of the rights to leave is established by the priority of the provision of vacations determined by all employees of the organization by the schedule approved by the employer, taking into account the opinion of the elected trade union body no later than two weeks before the onset calendar year; The schedule of vacations is mandatory both for the employer and for workers, - precisely in the calendar period specified in it should provide an employee to use annual leave; The employer is obliged to inform the employee about the time of the beginning of vacation no later than two weeks and no later than three days before the start of the holidays to make his payment (part of the first and second article 123, part of the ninth articles of the Labor Code of the Russian Federation). Special rules for the provision of vacations are provided for, in particular, for the occasion of the employer of payment of the holiday or (s) of the exploitation of the employee about the start of vacation: in such cases, annual leave is subject to transfer to another period by agreement between the employee and the employer (part of the Second Article Labor Code Russian Federation).

Resolution of the Presidium of the Supreme Court of the Russian Federation of 27.02.2006 No. 12732/05 in case No. A55-11475 / 2004-43

The Prosecutor's Office of the Sergievsky District of the Samara Region checked the fulfillment of the requirements of labor legislation by foreign managing. During the audit, a violation of the article of the Labor Code of the Russian Federation, expressed in non-payment of wages to employees of the enterprise was revealed. According to the results of the inspection, the prosecutor's office made a decision of 12.07.2004 on the initiation of an administrative offense case.

Definition of the Constitutional Court of the Russian Federation of 21.04.2005 N 143-O

1. In the complaint of a citizen I.F. Puzanova is challenged by the constitutionality of parts of the third and fifth article of the Labor Code of the Russian Federation establishing, accordingly, that wages are paid to the employee, as a rule, at the place of their work, it is either transferred to the account specified by the employee in the bank on the conditions defined by the collective agreement or the employment contract and what Salary is paid directly to the employee, except when a different payment method is provided by law or labor contract.

Determination of the Supreme Court of the Russian Federation of 08.23.2002 N 66-G02-25

The applicant pointed out that the contested decree is contrary to Art. Art. , The Labor Code of the Russian Federation, providing for the obligation of the employer to pay a full salary in terms of employees within the deadlines established by this Code, a collective agreement, the rules of the internal employment regulations of organizations, employment contracts, and is aimed at delaying the payroll payment of a certain category of working. In accordance with Art. The Labor Code of the Russian Federation of its norms apply to all employees who have entered into an employer employer, and are mandatory for use by all employers.

Determination of the Supreme Court of the Russian Federation of September 12, 2007 No. 91-G07-22

The need to develop conditions and the procedure for these payments by the executive authorities of the constituent entities of the Russian Federation also contradicts the approval of the prosecutor, since the procedure for paying wages is established by Art. Labor Code of the Russian Federation.

The nature of payments is determined by the Priority National Project "Health", Art. 47 federal law "On the State Budget for 2007" and Decree of the Government of the Russian Federation of December 30, 2006 N 863 "On the procedure for providing subsidies from the federal budget in 2007 to the implementation of cash payments medical Personnel Feldsher-obstetric items, institutions and emerges medical care A municipal health system (and in the absence of ambulance institutions in the territory of the Municipal Education, the constituent entities of the Russian Federation). "

Resolution of the Presidium of the Supreme Arbitration Court of the Russian Federation of January 17, 2006 N 11838/05 in case No. A74-743 / 2005

The prosecutor's office of the city of Chernogorsk of the Republic of Khakassia conducted an inspection of the execution by the competition manager of labor legislation, during which violations of articles, the Labor Code of the Russian Federation, expressed in non-payment and delays of payments of wages former employees of the enterprise. According to the results of the verification of the prosecutor's office, a resolution was issued on January 31, 2005 on the initiation of an administrative offense case.

Definition of the Constitutional Court of the Russian Federation of 24.06.2008 N 341-O

In his complaint to the Constitutional Court of the Russian Federation A.G. Kondrashov asks to recognize a part of the sixth article of the Labor Code of the Russian Federation contradictating Article 37 of the Russian Federation, according to which wages are paid at least than every half months per day established by the rules of the internal labor regulation, a collective agreement, an employment contract.

Definition of the Constitutional Court of the Russian Federation of 24.06.2008 N 344-O

In his complaint to the Constitutional Court of the Russian Federation, S.V. Negokakov disputes the constitutionality of part of the sixth article of the Labor Code of the Russian Federation, according to which wages are paid at no less than every half months per day established by the rules of the internal labor regulation, a collective agreement, an employment contract. According to the applicant, the named norm does not correspond to Article 37 of the Constitution of the Russian Federation.

Resolution of the Supreme Court of the Russian Federation of 31.07.2009 N 18-ad09-8

2) A. The annual paid vacation has been provided since April 7, 2008, the salary for vacation is paid with a delay of 11 calendar days, which is a violation of part 9 of the Labor Code of the Russian Federation;

3) According to the travel sheet No. 2531 April 16, 2008 working time Driver K.N. It was from 8 o'clock 05 minutes to 17 hours 30 minutes, that is, more than 8 hours, according to the path sheet N 2546 of April 17, 2008. Working hours at the specified person was from 6 hours 40 minutes to 17 hours 30 minutes, that is, more than 9 hours. In the table of accounting of the driver of the driver K.N. for April 16, 2008 and April 17, 2008 overtime work It is not specified that it is a violation of part 3 of the article of the Labor Code of the Russian Federation;

Resolution of the Supreme Court of the Russian Federation of 03/26/2010 N 72-ad10-1

According to the case of the case, by the decision of the Chief State Inspectorate of the State Labor Inspection Inspection in the Trans-Baikal Territory No. 803 of May 18, 2009, the director of Polyprom LLC was brought to administrative responsibility under Part 1 of Article 5.27 of the Code of Administrative Offenses, for Violation of H . 6 st. , st. , st. The Labor Code of the Russian Federation, expressed in late payment of wages, amounts for dismissal, non-payment of monetary compensation for violation by the employer of the established period of relying payments to the employee of Polyprom LLC and subjected to administrative punishment in the form of an administrative fine in the amount of 2000 rubles (vol. 1, LD 64 - 65).

Resolution of the Supreme Court of the Russian Federation of 14.09.2010 N 10-ad10-1

By the decision of the judge of the Leninsky District Court of Kirov dated November 30, 2009, left unchanged by the decision of the judge of the Kirov Regional Court of January 12, 2010, the Resolution of the Head of the State Labor Inspection Department in the Kirov region of October 30, 2009 was changed: paragraphs 1 excluded 2, 3, 4, 5 and 6, which contains an indication of the lack of bookkend of labor books and inserts in them in LLC, the lack of personal cards of the T-2 form, which is a violation of paragraphs 12, 40 of the Government Decisions of the Russian Federation of April 16, 2003 n "On labor books"; for the fact that employees of the organization when admission to work do not get acquainted with the painting with local regulatory acts directly related to their labor activity; The organization in violation of articles and the Labor Code of the Russian Federation has established the timing of wages once a month to the 15th of the month following the exhaust, and actually paying wages to employees of the organization is produced once a month; In violation of the article of the Labor Code of the Russian Federation for the delay in the payment of wages to employees of the Organization for the period from January to September 2009, the administration of the Organization did not accrual and pay monetary compensation; As well as from paragraph 8 of the decision, the indication is excluded that the employee of the organization Chernyeva A.N. and others are not accrued and the district coefficient for the period of work 2008 - 2009; The proceedings on the administrative offense in the case of violations were discontinued due to the lack of the composition of the Activation of the LLC administrative offense; The size of the appointed LLC "Landustorization Bureau" of punishment in the form of an administrative penalty is reduced to ... rubles, in the rest of the part, this resolution is left unchanged.

The Employee's right to the timely and in full payment of payroll in accordance with its qualifications, complexity of labor, the number and quality of the work performed is provided by para. 5 h. 1 Art. 21 TC RF. On the order, the place and timing of the payment of wages will tell in our material.

The procedure for paying wages

Labor legislation requires that, when paying wages, the employer provided each employee in writing the following information (part 1 of article 136 of the Labor Code of the Russian Federation):

• components of wages due to the corresponding period;
• the size of other amounts accrued by the employee, including monetary compensation for the delay of payments;
• the size and foundation of the deductions produced;
• the total cash amount payable.

This information is contained in the calculated sheet, the form of which the employer approves independently. We viewed in a sample of the form of the calculated sheet, its content, the deadlines for storage, as well as the employer's responsibility for the lack of settlement leaves.

The payment of salary as a general rule should be made in rubles (part 1 of Article 131 of the Labor Code of the Russian Federation).

The procedure for paying wages in non-monetary form is determined by a collective or employment contract. In any case, the salary size in a non-monetary form cannot exceed 20% of the accrued monthly salary (part 2 of Art. 131 of the Labor Code of the Russian Federation).

Wage payroll

Salary is paid to the employee, as a rule, in the following ways (part 3 of Art. 136 of the Labor Code of the Russian Federation):

• cash at the place of work of work;
• non-cash by transferring an employee to his bank account specified in the application.

At the same time, the employee has the right to change the bank where his wage is listed, reporting this in writing to the employer no later than 5 working days before the day of the payroll.

Payroll

The TC requires that the salary is paid at least with less than every half months (part 6 of Art. 136 of the Labor Code of the Russian Federation). At the same time, the salary for the current month cannot be paid later than the 15th day of the next month.

The employer should not be provided simply the timing of salaries, and the specific dates of its issuance. They are established by the rules of the internal labor schedule, collective or labor contract.

Thus, the salary for the 1st half of the month (advance) should be paid to the day established by the employer from 16 to 30 (31) the number of the current month, and the final calculation must be made on time from 1 to 15 of the next month (letter of the Ministry of Labor from 09/21/2016 № 14-1 / B-911).

If the day of paying salary coincides with the weekend or non-working holiday, the salary must be issued on the eve of such a day.

Vacation is paid no later than three days before it started.

For delay in paying wages by law.