home Success stories Place of payment of wages in the employment contract. The procedure and terms for the payment of wages according to the Labor Code of the Russian Federation

Place of payment of wages in the employment contract. The procedure and terms for the payment of wages according to the Labor Code of the Russian Federation

New edition Art. 136 Labor Code of the Russian Federation

Upon payment wages the employer must notify writing each employee:

1) about constituent parts wages due to him for the relevant period;

2) on the amount 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) about the general sum of money payable.

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

Wages are paid to the employee, as a rule, at the place of work or transferred to credit organization specified in the employee's application, on the terms determined by the collective agreement or labor contract. The employee has the right to replace the credit organization to which the wages are to be transferred by informing the employer in writing about the change in the details for the transfer of wages no later than fifteen calendar 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 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 rules of the internal work schedule, a collective agreement or an employment contract no later than 15 calendar days from the end of the period for which it was accrued.

If the 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

Conditions of remuneration, such as the place and timing of payment of wages, are essential conditions labor contract. It follows from .

As already mentioned, this information may not be included in the employment contract with a specific employee if they are generally established for most employees of the enterprise and are enshrined in a collective agreement or other local regulatory act.

In this case, in employment contract just make a link to such a document.

In addition, the clause of the employment contract regarding the conditions of remuneration must necessarily contain information about the form in which remuneration is made: in cash or in a combination of monetary and non-monetary forms. The condition must also be stipulated in what form the payment is made - in cash, that is, through the cash desk of the enterprise, or by transferring to the employee's bank account.

By general rule 136 of the Labor Code of the Russian Federation, wages are paid to the employee at the place of work or transferred to the bank account indicated by the employee on the terms determined by the collective or labor agreement.

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

The legislation also allows the possibility of transferring wages to a bank account. To do this, you need a statement from the employee indicating the bank account to which wages will be transferred.

Note that this form of payment is voluntary for employees. The transfer of wages to the employee's bank account is possible after the conclusion of a bank account agreement between the employee and the bank.

On the procedure for taking into account the opinion of the elected trade union body representing the interests of workers, see to it.

5. 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 organization (as a rule, internal labor regulations) or a collective agreement.

Article 13 of ILO Convention No. 95 prohibits the payment of wages in taverns or other similar establishments, and, if 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.

6. 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 also 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.

7. 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 ILO Convention No. 95 also apply. Along with this, it is also necessary to establish in the collective agreement or in the employment contract the procedure for such payments (for example, delivery of the relevant goods to the employee’s home, provision of transport for him or self-delivery).

8. 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).

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

increasing the degree of liability of the employer to the employee;
increased fines for violations labor law;
the amount of monetary compensation to an employee for non-compliance with the terms of payment of wages has been increased.

In our article today, we will talk about how to properly bring labor relations with employees in accordance with the changed legislation.

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

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

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

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

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

Salary and advance

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

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

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

Checking local regulations

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

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

Verification of employment contracts

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

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

Notifying employees of changes

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

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

Additional agreement to the contract

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

Making changes to the contract and concluding a new additional agreement to it is enough to change the terms for paying wages. There is no need to issue an order to postpone the payment of salaries.

Liability for violation of deadlines

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

Increasing the amount of compensation

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

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

Increase in administrative fines

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

Responsible person	Fines until 03.10.2016	Penalties in force in 2019
Enterprise manager	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
Enterprise manager	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 rubles	50,000-100,000 rubles

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

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

Deadlines for going to court

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

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

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

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The terms for paying wages in 2019 are regulated by the labor legislation of the Russian Federation and are tightly controlled by the state. From the article you will learn how often to pay salaries to employees, why it is important to comply with payment terms and what threatens violators of the norms of the Labor Code of the Russian Federation regarding salary terms.

What does the Labor Code of the Russian Federation say about the terms of payment of wages in 2019

Salary terms are fixed in Art. 136 of the Labor Code of the Russian Federation. According to it, the money for the work of employees should be transferred:

at least every half month; and
no later than 15 calendar days from the end of the period for which the payment was accrued.

If the salary date approved by the employer falls on a weekend, the money is issued the day before.

What documents indicate the days of payment of wages

The employer is obliged to fix the specific schedule for the transfer of salary money in their local regulations (LNA): internal labor regulations (PWTR), collective or employment contract. It is these 3 documents that Art. 136 of the Labor Code of the Russian Federation.

The wording of this article is drawn up in such a way that the question often arises: is it necessary to fix salary terms in all of the above documents or is one of them enough? The answer to it was repeatedly given by both officials and judges (letter of Rostrud dated 06.03.2012 No. PG / 1004-6-1, determination of the Moscow City Court dated 12.24.2012 No. 4g / 5-12211 / 12).

According to the clarifications, it is sufficient that the terms are fixed in one of those given in Art. 136 of the Labor Code of the Russian Federation documents. Moreover, according to Rostrud, the priority is PWTR. He explains this by saying that the PVTR is common document, the norms of which apply to all personnel, while an employment contract regulates relations with a certain employee, and a collective agreement may not be concluded at all.

In order to completely eliminate disputes with inspectors, you can do the following: fix the rules for issuing wages in the PVTR, and add a phrase referring to the PVTR in labor or collective agreements: “wages are paid in accordance with clause(here we indicate the number of the PVTR point) labor regulations...

Things to consider when setting payroll dates

Before approving salary dates, calculate the possible risks and tax consequences. There are a number of slippery points to watch out for:

The expressions "every half a month" and "twice a month" should not be confused. For example, the numbers 3 and 16 fit the definition of "twice a month", but the rule of not exceeding a gap of 15 days is not observed here, since from the 16th to the 3rd it turns out more than half a month.
It is dangerous to choose not clear dates, but a time period - for example, 1st to 5th, as well as deadlines, for example, no later than the 5th and 25th. First, Art. 136 of the Labor Code of the Russian Federation speaks of the need to establish precisely certain dates, and secondly, there is a risk of confusion and exceeding the half-month interval between payments. The illegality of this approach is stated in the letter of the Ministry of Labor of the Russian Federation of November 28, 2013 No. 14-2-242, the decision of the Supreme Court of the Russian Federation of May 15, 2014 No. 3-AD14-1, the ruling of the Trans-Baikal Regional Court of September 5, 2012 No. 33-2867-2012.
An insufficiently defined phrase would also be insecure, for example: “Salary is issued no later than the 5th and 20th of each month”. After all, it is impossible to understand from such a phrase when an advance payment is issued, and when the final amount.
Choosing convenient dates, you need to take into account the requirements of the Tax Code of the Russian Federation. So, the 15th for the final settlement turns out to be inconvenient, since the advance payment in this case falls on the 30th, and this is the last day in many months. From the advance paid on the last day of the month, personal income tax will have to be withheld (clause 2 of article 223 of the Tax Code of the Russian Federation, determination of the RF Armed Forces dated 05/11/2016 No. 309-KG16-1804). But in months with 31 days, this is not necessary. This will create confusion for both the accountant and controllers.

For information on how to reflect the date of tax withholding in 6-personal income tax, read this article.

Is it allowed to pay salaries more than twice a month?

Yes, definitely. The Labor Code directly says that wages are paid "at least every half a month." And this means that the restriction is placed only on rarer payments to employees, but not on more frequent ones (letters of the Ministry of Labor of the Russian Federation dated 03.02.2016 No. 14-1/10 / V-660, dated 06.12.2016 No. ).

If you wish, you can issue money not twice a month, but weekly and even daily. However, before switching to a more frequent frequency of salary payment, it is worth considering the feasibility of this: will such a schedule be convenient and beneficial for both employees and the employer himself.

Practice shows that this is beneficial for those employers who use temporary staff, while in other cases, the benefits of more frequent payment of money are completely unobvious, if not completely absent.

The weekly payment does not cause delight among the staff either: according to repeated statistical surveys, the majority of employees would like to keep the 2-time salary schedule.

Is it legal to pay wages ahead of schedule?

It is legal only if the pay date falls on a weekend. In other cases, despite the fact that violations of the rights of employees do not occur, it is not recommended to pay money earlier than approved by the LNA of the employer. This is fraught with claims from the labor inspectorate and the imposition of a fine.

As we have already found out, the Labor Code of the Russian Federation requires that the dates for the payment of salaries are clearly recorded in the LNA of the employer. Paying wages ahead of the approved deadline, strictly speaking, you will have to make appropriate changes to the LNA. However, it is unlikely that anyone will think about the global alteration of documents if the manager occasionally wants to meet the needs of employees and issue, for example, a salary before the holidays (while the salary payment period falls on the day after the holiday). In addition, this may lead to an increase in half-month periods between payments, which is also not allowed.

Therefore, although the manager allowed the earlier payment of wages in the interests of the employees themselves, formally such a situation is considered a violation (part 1 of article 142 of the Labor Code of the Russian Federation) and may result in fines (part 1 of article 5.27 of the Code of Administrative Offenses of the Russian Federation). However, the risk of being held liable is still small.

What threatens the violation of the terms of payment of wages

The responsibility of the employer for such violations can be of two types: material and administrative.

Administrative liability applies only if the employer is at fault.

Primary administrative punishment (clause 1, article 5.27 of the Code of Administrative Offenses):

a warning or a fine of 1,000-5,000 rubles. for officials;
a fine for the culprit-IP - 1,000-5,000 rubles;
a fine for the perpetrator-legal entity - 30,000-50,000 rubles.

Repeated administrative punishment (Clause 2, Article 5.27 of the Code of Administrative Offenses):

disqualification for 1-3 years or a fine of 10,000-20,000 rubles. for officials;
a fine for the culprit-IP - 10,000-20,000 rubles;
a fine for the perpetrator-legal entity - 50,000-70,000 rubles.

Maternal liability (Article 236 of the Labor Code of the Russian Federation) is expressed in monetary compensation for each day of delay, calculated from 1/150 of the key rate of the Central Bank of the Russian Federation of the amount due for payment (minus personal income tax). This is the minimum amount of compensation, but the employer has the right to charge a larger amount. No applications are required from the employee to receive it - it must be paid along with the delayed amounts.

IMPORTANT! Maternal compensation is paid regardless of whether the employer is to blame for the violation of salary terms.

In what other cases is the liability of the employer possible, this publication will tell.

How to make changes to documents and set the correct payroll dates

If for some reason you do not have LNA regulating the terms for transferring salaries, they need to be done as soon as possible. If there are necessary LNAs, but the dates in them are indicated incorrectly, this should be promptly corrected:

If possible, redo the document, but only on the condition that it does not cause inconsistencies with your other documentation.
In order to change the collective agreement, assemble a commission from representatives of both parties - employees and the employer. Draw up the results of the negotiations of the members of the commission with an additional agreement in which you indicate the new salary terms.
If salary dates were entered into employment contracts, you will have to draw up additional agreements for each of them.
Changes in the terms of payment of wages made to the PWTR are the easiest to issue - for this it is enough to issue an order, which should be familiarized with each employee under signature.

What such an order looks like can be seen here:

Results

The frequency of payment of wages is established by Art. 136 of the Labor Code of the Russian Federation. It also obliges employers to set clear deadlines for the issuance of salary money in the LNA. Failure to comply with these deadlines (or lack of regulatory deadlines) falls under the articles of the Labor Code of the Russian Federation and the Code of Administrative Offenses of the Russian Federation on material and administrative liability.

When paying wages, the employer is obliged to notify each employee in writing: 1) about the components of wages due to him for the relevant period; 2) on the amount 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.

Legal advice under Art. 136 Labor Code of the Russian Federation

Galina Denisova

Hello. Question: Can a husband, upon application, transfer his salary to his wife's account

Tatyana Tarasova

The employer demands to change the salary bank. Is he right?

Question answered by phone

Galina Zaitseva

Question answered by phone

Anatoly Kozlitin

Employer refuses to accept application for transfer to me Money on the 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

Question answered by phone

Ludmila Smirnova

The law on plastic cards, which will contain their salary. 2014

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 ...

Nikolai 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.

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

Edward Kharichkin

The impact of inflation on wages.

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 ...

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?

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 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. 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"

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...

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) is determined by collective agreements, agreements and cannot be lower than the 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, taking 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 ??

Tamara Guseva

How are vacation days calculated in Kazakhstan? 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

Lawyer's response:
Paid annual leave is intended for rest of the employee, 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 of the Population of the Republic of Kazakhstan dated June 3, 2008 No. 135-p approved methodological recommendations for 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".

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?

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, as soon as possible for the payment of wages, established by the Internal Regulations. 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.

Leonid Senkiv

Should there be "88 IndZprostConsumptionPrice" on the payslip?

Lawyer's response:
Well, you got it, "pro" .... It’s good that now, by 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.

Vladislav Permitin(ov)

I was paid an advance of 20% of the salary is it legal or not

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 payment on account of the wages of workers for the first half of the month is determined by an agreement between the administration of the enterprise (organization) and trade union organization when concluding a 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. "(letter of Rostrud of the Russian Federation dated September 8, 2006 No. 1557-6)

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?

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 specified 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 also confirms the second statement, which contains general rule 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. This means that in the 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 employer organization seems to be 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 work 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.

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?

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. Operating since 2012 new order conducting cash transactions 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 in the territory 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.

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?

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" B legal department Rostrud considered the letter<...>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 may 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.

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.

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)

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.

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. Typically, these cards have special mode money transfers, as well as special conditions for cash withdrawals MOST OFTENLY IS THE LACK OF COMMISSION). 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 sign a power of attorney to receive this very card with a PIN code, and de jure, give written consent to transfer wages to an employee on a 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 Civil Code RF (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 terms 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.

Daniel Chizhevsky

On the payment of salaries to employees of a recently established 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?

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. Nonetheless, this practice 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 take 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 of Administrative Offenses of the Russian Federation. In April, you must pay an advance. On the last day of the month, calculate wages for the period from 06.04. to 30.04. 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!

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.

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 internal labor regulations of the organization, the collective agreement, the 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 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 in force in the part that does not contradict Labor Code, 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 tariff rate of the worker for 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 employment 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.

Inna Kolesnikova

How to proceed? I have been on another preferential vacation for almost a month, but they don’t pay vacation pay .. In the Far North, it is supposed to travel once every 2 years. 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?

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.

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?

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 planned 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 into big problems for the company. 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 executive may be disqualified for a period of 1 to 3 years. For legal entities the size of the fine is set at the rate of 30,000 to 50,000 rubles.

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

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.

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!

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.

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

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).

Vyacheslav Lyusin

The employee wrote a statement where he asked to divide his vacation into four parts of seven days during 2009. Workod

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...

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!!!)

Lawyer's response:
no, article 136 of the Labor Code clearly states that wages are paid at least every half a month. Even if the 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.

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.

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.

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!

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 payment 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). An additional agreement can be drawn up for employment contracts that have already been concluded at the moment. 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 bank card, then the employer usually goes to meet him. 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 the bank details necessary for the transfer of money. To avoid errors and claims, the application must be carefully checked by the employee and signed.

Daria Golubeva

delayed salary for 2 weeks already. what to do? (state institution)

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 spelled out in an employment or collective agreement, other document, so that you can clearly start from the date of the delay in 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 resolution of the Plenum Supreme Court RF 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.

Pavel Skrebnev

In what order should vacation pay be paid: before vacation or after?

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.

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.)

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.

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 settlements 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 the next day after the established payment deadline until the day of actual settlement inclusive. 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 binding document, which must be compiled 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 wages the obligation responsible person(accountant) for the calculation of wages and storage of 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'll 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 in 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 legal advice category, 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.

Regulated by the Labor Code. Everything related to the procedure, place and timing of payment is spelled out in the 136th article of this document.

The specific rate is specified in the individual employment contract. And when exactly the salary will be paid, in what order (in cash or on a card), what is the amount of the advance payment, what coefficients will be applied - it is described in the collective agreement, in its absence - in additional agreement or on the schedule.

Local normative base must not contradict federal and regional legislation, otherwise such agreements will be considered invalid.

According to the Labor Code, wages must be paid at least 2 times a month. The most commonly used scheme is:

no later than the 20th day of the month, an advance payment is paid;
in the period from 5 to 10 of the next month, the basic salary is paid.

That is - payment of earnings once a month, which is sometimes practiced at large enterprises, illegal. However, there are exceptions to this rule. So, some categories of federal employees, for example, contractors of the Ministry of Defense, receive monetary allowance once a month.

There should not be more than 15 days between payments. So, it is illegal to pay an advance, for example, on the 15th, and salaries on the 20th, since 35 days will pass between them.

At the same time, the law does not impose restrictions on the number of payments. So, practiced on some small businesses weekly wages are within the current standards. However, this is not always convenient for the employer, since the weekly payment of wages requires a lot of work on the part of the accounting department.

The law does not regulate specific terms and the ratio of the advance / main payment. These provisions are governed by one of the following documents:

collective agreement (for the bulk of employees);
tariff scale, staffing, the regulation on payment - in other words, a local regulatory act drawn up by the head of the organization (in the absence of a collective agreement or as an addition to it);
an agreement between the employee and the employer, which is added to the employment contract (if the employee requires special conditions and terms of remuneration, and this suits the authorities).

These documents fix the deadlines for the payment of the advance and the basic salary, their ratio, the procedure for payment and the responsibility of the parties for failure to fulfill the terms of the agreement - and the employee for failure to fulfill their duties.

How exactly is the salary paid?

At the final payment of remuneration, the employee should be given a payslip (it is sometimes called a "footcloth"). This document has the force of a local act, it fixes:

components of the salary (what exactly the amount came from - bonus, allowances, compensation, etc.);
information about deductions (contributions to the trade union, taxes, fines, etc.); the amount exempt from tax;
data on the amount already paid (advance) and payable.

The pay slip must be issued at least once a month and no later than the final date.

If the day of issuing the final salary falls on a weekend, the money must be given into the hands of the recipient or transferred to the account on the eve of this day, and not later, as is sometimes practiced.

If an employee goes on vacation, then he must be given both a salary for this period (the so-called “vacation pay”) and a pay slip three days before leaving.

Payment Methods

The Labor Code does not restrict the employer in choosing the method of transferring wages to employees.

How exactly the remuneration will be paid is discussed in local acts- for example, to cards of a certain bank. If the employee does not agree with this state of affairs, then he can write an application to the accounting department demanding that he be transferred to another form of calculation. For example, he can receive money in cash or on a card of another bank.

The main ways to transfer salaries:

Cash

This is the most time-consuming method, which is inconvenient in large organizations, since you have to bear additional costs for storing and transferring funds, paying for the labor of the settlement department, etc. But in some enterprises, especially small ones, this method of paying salaries is successfully practiced. This is especially true for workers who receive, rather than a fixed salary. Upon receipt of funds, the employee must sign the statement and check the entire amount issued.

To a bank card

As a rule, this method is practiced in large budget and private organizations. One bank is selected for the transfer of funds, less often employees are offered a choice between two institutions.

In this case, the employer organizes the issuance of salary cards at the workplace, as well as their centralized replacement. If desired, the employee can use his card of the same bank to transfer remuneration. He will need to get the card account number at the branch and provide it to the accounting department.

To a bank card of another bank

If the employee is not satisfied with the choice of the employer, then he may prefer any other bank, supporting the choice with a statement. He will also need a personal (named) debit card with all the details.

The accounting department has no right to refuse to accept the application, although this occurs quite often.

To bank account

The salary does not have to be transferred to the card - you can choose any current account as the final point of its transfer. For example, by passbook number. Strictly speaking, the funds are still transferred to the client’s account, but in the case of a card, this account is associated with “plastic”.

Special payroll cases

In some cases, the standard rules for transferring salaries do not “work”.

We list some of them:

If an employee wants the salary to be transferred to two different accounts - for example, an advance payment to the card of one bank, and the main salary to another. This is necessary if, for example, a loan debt is automatically debited from his card.

Formally, there are no obstacles to such a decision, but this method of calculation is not always convenient for accounting. However, it is practised.

Transfer of wages to a third party

For example, a wife or an adult child. In some cases this is practiced (and in this case we are talking not about alimony or judicial, but about the full transfer of salaries). All transfers for insurance and pensions are still transferred to the account of the employee himself, it’s just that his money goes to another person by proxy.

Payroll for several months in advance

If the employer does not mind, and the employee has given him all the guarantees that he will work this period, then this is possible. More often, however, the firm simply provides its employee with a loan or an interest-free loan that is gradually deducted from the salary.

Payment of wages in kind

We are talking about the issuance of earnings by the company's products. At present, this is practiced very rarely, since the money circulation is well established. However, in some rural areas, such payment of wages is quite possible. For example, the remuneration of an employee of collective farms is given in the form of food. In this case, the salary must also be issued twice a month with a difference of no more than 15 days.

Surely you have often heard such a word as “accounting entries”. What is it and why are they needed - read.

The procedure for paying salaries

One of the main tasks of the accounting department of any enterprise is the timely issuance of advance payments and salaries to employees.

The procedure for paying salaries is as follows:

A few days before wages, the accounting department receives information about the hours actually worked - time sheets, etc.
If the employee was absent from the workplace for a good reason - for example, he was sick, took time off or was sent on a business trip, then this should be documented.
The accounting department makes a calculation based on the information received, determines the amount of allowances, deductions, etc.
Calculations go to economic department(in his absence - to the accountant responsible for the movement of funds), and an order is being prepared to the bank to transfer funds (or to order the required amount to the cash desk of the enterprise in cash).
On the day of the advance payment or salary, the money is credited to the employee's account or issued to him at the cash desk against receipt.
On the day the salary is paid, the accounting department also makes payments, Pension Fund RF and at the expense of the trade union.
The employee receives a pay slip.

To determine the amount of the advance, you can use one of the many methods. The advance payment can be fixed (for example, 5,000 rubles or 40% of the salary), in which case there is no need to make any special calculations. In the final settlement, the amount of the advance is simply calculated from the total amount of funds.

But the advance can also be "floating", tied to the number of days worked. Then you need to calculate it using the following formula:

Salary / number of working days in a month * number of actually worked

In February PAO employee"Carrier" Ivanov has already worked for 10 days, and he needs to pay an advance. His salary is 16,000 rubles. February has 20 working days and 8 holidays. At the same time, on February 1 and 2, Ivanov took time off at his own expense, 3 and 4 were days off.

Therefore, the advance is calculated as follows:

16,000 * 8/20 = 6400 rubles.

Tax (personal income tax) in the amount of 13%, withholding for time off (2 days) and union contribution (1%), as well as the amount of the advance are withheld at the final settlement. So the total salary will be:

16,000 * 18/20 (number of days actually worked) - 6400 (advance payment) - 2080 (personal income tax) - 160 (trade union) = 5760 rubles.