Labor legislation in terms of wages. How is overtime paid for under the Labor Code? Overtime pay: Labor Code of the Russian Federation. Legal protection of wages

According to the Labor Code of the Russian Federation, remuneration is a method of financial remuneration that is given to an employee for fulfilling duties in the position held, taking into account the specifics and characteristics professional activity.

The volume, procedure and features of cash payments are always necessarily reflected in the content of the employment agreement.

According to article 129 of the Labor Code of the Russian Federation, the salary paid is formed from the following parts:

  • Salary for the position held.
  • Additional compensation payments for the presence of harmful and dangerous factors in the work, the total duration of professional activity, the level of qualifications.
  • ... Such funds are established, but they have their own peculiarity. The thing is that in most cases, bonuses are paid only in the case of a conscientious attitude towards their job duties and the fulfillment of the agreed conditions, for example, the minimum labor standard.

Payment of salaries to employees is an obligation imposed on the manager by the general rules in force.

Such an opportunity for a worker is unconditional. The thing is that it is enshrined in the requirements of the current regulations. That is, they must be received by a person in any case.

Even if the worker has caused damage to the company or other persons, which he is obliged to compensate, and also if a person makes mandatory contributions, for example, for the maintenance of his children, he can still count on receiving a certain amount of money.

According to the rules of the legislation of the Russian Federation, a worker cannot receive money less than the established amount. But in order to have this opportunity, a person's status must meet certain criteria.

First of all, an individual must be in an employment relationship with a company or with an employer, an individual. In the latter case, we mean a person who exercises entrepreneurial activity without creating an organization. The essence of a working relationship is determined by the presence of several documentary factors:

  • with a person must be concluded;
  • the head of the company or another employer is obliged to draw up and sign an order with which he must familiarize the worker;
  • the person must be marked with the appropriate content.

Nevertheless, the documentary component of the relationship will not be enough. The worker is obliged to work in fact. This means that he must fulfill the obligations stipulated in the agreement and job description... It will not be enough just to come to work and be in place.

Another condition is the fulfillment of duties on the actual order of the head. That is, a person must obtain permission from the boss to work or work with his knowledge.

Completing this list is the quality of work. The work performed must comply with the requirements that apply to it.

Minimum wage

As indicated, the salary must be paid to a person not less than the general established minimum.

The specified minimum is established for all companies. The form of ownership, the specifics of the activity, the number of workers, as well as subordination in this case do not matter.

The only feature is the funding source.

For government organizations such source is the state budget... In turn, commercial companies spend their own funds on such payments.

A minimum of funds will be credited if the worker has worked the prescribed amount of time and completed it.

In case of incomplete work, the funds are calculated based on the actual duration of work.

The minimum wage is not fixed. It is adjusted based on the cost of living.

The procedure for issuing salaries

Wages must be paid to employees in accordance with the procedure established by current regulations.

One of the responsibilities of a manager is to inform the worker in advance about the moneyoh. Such a notification is drawn up in the form of a pay slip. It should contain detailed data on the amounts that formed the monthly income as a whole.

According to requirements general rules the money earned is paid at least twice a month. Earnings must be paid no later than fifteen days from the end of the billing period. It should be noted that the company's internal rules may establish a greater frequency of payments.

The place of issue of earned funds must be determined without fail in the content and internal regulations of the organization.

On the day the money is received, the person must arrive at a specially designated place, where the earned funds will be transferred to him.

Issuance is carried out in the order of priority. For the funds received, the worker puts a personal signature in a special financial statement. Although at present this option has lost its relevance and in most cases, earnings are credited to a person's personal bank account.

Payroll

According to the Labor Code of the Russian Federation, the head of the company is obliged to notify the worker in advance of the amount of money earned by giving him a pay slip.

The leaflet is made out in two copies.

One is handed over to the worker, the second, with a receipt signed by the worker, remains in the financial department of the company. IN the said document the following information must be reflected:

  • components of the earned funds;
  • the amount and types of deductions from the income of workers;
  • the actual amount to be issued.

Accordingly, this can be stipulated in the content of the following documents:

  • an employment agreement that is concluded with a person;
  • collective agreement;
  • approved financial policy of the company;
  • payout clause, which may be part of the above policy.

Some organizations practice issuing a separate order on this matter.

With regard to transmission methods, several methods can be used.

The most common, simple and frequently used is hand-to-hand transmission. That is, a piece of paper is handed over to a person to sign. This can be done by inviting a worker to the financial department of the organization, or by handing over the sheet directly at the workplace.

Another method of transmission is centralized information. That is, the sheets are transmitted via a local information network. In most cases, this method is relevant for large companieswith the necessary technical capabilities. For this, in addition to a sufficient amount computer technology, you need to install the appropriate software.

Let's also admit a method of informing on the Internet, that is, using e-mail. The current regulations do not prohibit this. It should be noted that this option is almost never used in practice, since not every person has a computer at his personal disposal and email, and not everyone can agree to give access to it.

In any case, the method of transfer and the form of the calculation sheets is chosen by the head based on the specifics of the activity and technical capabilities companies.

Payroll term

By general rules wages must be paid on time. The transfer of the earned money should occur at least every half a month.

From the moment of the end of the time period, which was taken as a basis as calculated, no more than fifteen actual days should pass before direct payment.

Payment dates should be determined in the internal regulations of the organization. In companies with a large number of workers, different dates are often set for giving money to workers, for example, drivers receive money monthly on the third and seventeenth, and movers on the fifth and nineteenth. This approach is quite acceptable and is used in order to reduce the burden on financial specialists who prepare the necessary documentation.

When drawing up such transfer schedules, one should take into account not the working days of the organization, as well as general public holidays. If the wages coincide with the indicated days, then the money must be transferred on the working day that precedes the weekend.

Place of payroll

According to the labor code, salary payment must take place at the place of performance job duties human.

In practice, the issuance usually takes place in the following locations:

  1. In the financial department of the organization or in a separate room. Such a place must be specially equipped in such a way as to ensure the safety of funds. That is, it is necessary to equip the room with security and fire alarms, as well as serviceable locking devices. It should be borne in mind that if this option is used, then the company must have a certain amount of money, which will be enough to issue to all workers on a certain date of payment. In practice, this method is rarely used. The thing is that it is extremely expensive. The manager will have to constantly monitor the suitability of the room for storing money, carry additional expenses on the operation of security and fire-fighting devices, which must be verified at regular intervals. In addition, in the event of problems with power supply, their functioning will be disrupted. Another type of expenses is the transportation of money from the bank to the enterprise, since you will have to pay for collection services.
  2. The most common and convenient way is to deposit the earned money to a personal bank account. In such a situation, the manager completely disclaims responsibility for ensuring the safety of cash. This obligation will be assigned to the banking authority serving the company. The only thing the boss will be responsible for in this case is the timely documenting necessary information and its transfer to the bank. For this, it is not at all required to immediately deliver prepared documents by means of transport. It is enough to send them through a special information resource... Of course, in the future this can be duplicated by sending the data in paper form. The servicing bank is defined in the internal regulations of the organization. Although the employee has the opportunity to receive the earned funds in the instance, which he indicates in his request when he is appointed to the position. Each worker has the ability to replace the servicing bank at his own discretion. To exercise this right, a person is obliged to notify the manager in advance about his desire. Such information should take place no later than five hectares of labor before the next payment. The request is made in the form of a written request, indicating in its content the exact data of the banking authority and the details necessary for the production of charges.

Payment of wages not received by the day of the employee's death

Labor Code RF established that the payment wages can be produced not only to the worker, but also to members of his family or to those persons who were on his full support, in case.

To realize this opportunity, interested parties need to submit the following documents to the manager:

  • documentary evidence of the worker's death;
  • a certificate confirming the relationship or being dependent on the deceased;
  • a written request for payment of earnings in their favor.

A feature for dependents in such a situation is the fact that the salary will be paid to them only if they were fully supported by the deceased at the time of his death.

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The Labor Code of the Russian Federation allows regulating the relationship between the employer and the employee in terms of remuneration payments. This law contains absolutely all possible extensions employment contract regarding the determination of the size and calculation of both wages and all kinds of allowances or bonuses. However, it also limits the employer's options, thereby protecting the organization's employees. But first things first.

To begin with, it should be said that the main nuances regarding wages are contained in the Labor Code of the Russian Federation, article 135. First of all, it states that any employee has every right to receive remunerative payments for his work.

And in this case, there should be no question of discrimination on any grounds. A minimum wage has been established. This figure is determined both for the whole of Russia and in each region independently, depending on it:

  • Territorial location.
  • Development of infrastructure, industry and others.
  • Population of territories.
  • Other factors that somehow affect the value minimum size payment for labor activities.

TK salary

The Labor Code of the Russian Federation gives a fairly precise definition of the concept of "wages". Article 129 clearly specifies a list of payments that qualify for this term. It is extensive, but all should be listed:

  • Rewarding payments for labor activity, which in one way or another depend on the position of the employee, the complexity of the work performed by him, the quantitative and qualitative characteristics of labor, climatic and other conditions.
  • Compensatory payments. Whether it's a surcharge, a surcharge, and so on. Also, additional payments are suitable here for the fact that working conditions differ from normal, or are harmful to the employee's body due to emissions, or this is simply an extremely harsh climatic labor zone.
  • Any payments created to stimulate work performance. In this case, we are talking about bonuses to employees, the accrual of bonuses of various kinds or additional payments in the form of incentives for overtime working hours.

The size of the employee's income is determined by the organization's employment contract, which announces the system of remuneration for labor. Therefore, this document must contain clearly described criteria for any payments, as well as the reasons why they are issued. Let's discuss this in more detail.

Labor contract

An employee's wages are set by means of an employment agreement. In this case, Article 57 of the Labor Code of the Russian Federation plays a key role. It contains the requirements for the clauses that the contract must contain. So, you need to describe:

  • Conditions under which payment for labor activity is made. It is also necessary to indicate the amount of tariff rates, salaries, various additional payments, allowances and incentive payments, for example, bonuses.
  • The presence of compensation payments when performing work, which is difficult from a physical point of view.
  • You should also describe various types of compensation if the employee is engaged in a hazardous activity or the working conditions can adversely affect his health in one way or another. The characteristics of work at the place in which the employee carries out activities of a working nature should be indicated.

Hence, we can conclude that the amount of salary (tariff rates, salary, etc.), various types of additional payments and allowances, incentive payments must be described in the employment contract of each employee. Also, all this is supported by drawing up a collective agreement / agreement / local normative act.

Payment forms

In this case, article 131 of the same code of the Russian Federation plays a key role. It has been established that payment for labor activity should occur exclusively in monetary terms. Moreover, the currency should be exactly the ruble, which is valid in the Russian Federation.

However, a collective or labor agreement has a certain nuance. In the event that an employee himself wishes that payment for his activities was made in other forms, he has the right to receive it. This should be done in writing. In such cases, the part of an employee's income that is not paid in monetary terms cannot be more than twenty percent of his accrued wages.

It can be noted that with regard to remuneration for work, the legislation has many different clauses in its acts. It is designed to provide protection to the employee as well as a suitable working environment. In case of deviations from the norm, there are certain payments as moral / physical damage.

(as amended by Federal law from 22.08.2004 N 122-FZ)

The procedure and terms for a gradual increase in the minimum wage to the amount provided for in part one of this article are established by federal law (article 421 of this document).

The minimum wage is established simultaneously throughout the entire territory of the Russian Federation by federal law and cannot be lower than the subsistence minimum of the able-bodied population.

The minimum wage established by federal law is provided by:

organizations funded from federal budget, - at the expense of the federal budget, extra-budgetary funds, as well as funds received from entrepreneurial and other income-generating activities;

(as amended by Federal Law of 20.04.2007 N 54-FZ)

(as amended by Federal Law of 20.04.2007 N 54-FZ)

(as amended by Federal Law of 20.04.2007 N 54-FZ)

The monthly wage of an employee who has fully completed the working time during this period and fulfilled the labor standards (labor duties) cannot be lower than the minimum wage.

(as amended by Federal Laws of 30.06.2006 N 90-FZ, of 20.04.2007 N 54-FZ)

Part four became invalid on September 1, 2007. - Federal Law of 20.04.2007 N 54-FZ.

Article 133.1. Determination of the size of the minimum wage in the constituent entity of the Russian Federation

(introduced by the Federal Law of 20.04.2007 N 54-FZ)

In a constituent entity of the Russian Federation, a regional agreement on the minimum wage may establish the amount of the minimum wage in a constituent entity of the Russian Federation.

The amount of the minimum wage in a constituent entity of the Russian Federation may be established for employees working on the territory of the corresponding constituent entity of the Russian Federation, with the exception of employees of organizations financed from the federal budget.

The amount of the minimum wage in a constituent entity of the Russian Federation is established taking into account socio-economic conditions and the size of the subsistence minimum for the working-age population in the corresponding constituent entity of the Russian Federation.

The amount of the minimum wage in a constituent entity of the Russian Federation cannot be lower than the minimum wage established by federal law.

The amount of the minimum wage in a constituent entity of the Russian Federation is provided by:

by organizations financed from the budgets of the constituent entities of the Russian Federation - at the expense of the budgets of the constituent entities of the Russian Federation, extra-budgetary funds, as well as funds received from entrepreneurial and other income-generating activities;

by organizations financed from local budgets - at the expense of local budgets, extra-budgetary funds, as well as funds received from entrepreneurial and other income-generating activities;

other employers - at their own expense.

The development of the draft regional agreement on the minimum wage and the conclusion of the said agreement are carried out by the tripartite regulatory commission social and labor relations of the corresponding constituent entity of the Russian Federation in the manner prescribed by Article 47 of this Code.

After the conclusion of a regional agreement on the minimum wage, the head of the authorized executive body of the constituent entity of the Russian Federation invites employers operating on the territory of this constituent entity of the Russian Federation and who did not participate in the conclusion of this agreement to join it. This proposal is subject to official publication together with the text of this agreement. The head of the authorized executive body of the constituent entity of the Russian Federation shall notify the federal executive body responsible for the development of state policy and legal regulation in the field of labor of the publication of the said proposals and agreements.

If employers operating on the territory of the corresponding constituent entity of the Russian Federation, within 30 calendar days from the date of official publication of the proposal to join the regional agreement on the minimum wage, have not submitted a motivated written refusal to join the authorized executive body of the constituent entity of the Russian Federation, then the specified the agreement is considered extended to these employers from the date of the official publication of this proposal and is subject to mandatory execution by them. This refusal must be accompanied by a protocol of the employer's consultations with the elected body of the primary trade union organization uniting the employees of this employer, and proposals on the timing of raising the minimum wage of employees to the amount provided for by the said agreement.

If the employer refuses to join the regional agreement on the minimum wage, the head of the authorized executive body of the constituent entity of the Russian Federation has the right to invite representatives of this employer and representatives of the elected body of the primary trade union organization uniting the employees of this employer for consultations with the participation of representatives of the parties to the tripartite regulatory commission social and labor relations of the corresponding constituent entity of the Russian Federation. Employer representatives, representatives of the elected body of the primary trade union organization and representatives of the said tripartite commission are required to participate in these consultations.

Copies of employers' written refusals to join the regional minimum wage agreement are sent authorized body executive power of the subject of the Russian Federation to the appropriate territorial body federal executive body authorized to exercise federal state supervision over compliance labor legislation and other normative legal acts containing labor law norms.

(as amended by Federal Law of 18.07.2011 N 242-FZ)

The monthly wage of an employee who works in the territory of the corresponding constituent entity of the Russian Federation and is in labor relations with an employer in respect of whom the regional agreement on the minimum wage is valid in accordance with parts three and four of Article 48 of this Code or to whom the said agreement is extended in accordance with the procedure established by parts six to eighth of this article, cannot be lower than the minimum wage in this constituent entity of the Russian Federation, provided that the specified employee has fully worked out the working time during this period and fulfilled the labor standards (labor duties).

Article 134. Ensuring an increase in the level of real content of wages

Ensuring an increase in the level of real wages content includes the indexation of wages in connection with the rise in consumer prices for goods and services. Organizations financed from the respective budgets make indexation of wages in the manner prescribed by labor legislation and other regulatory legal acts containing labor law norms, other employers - in accordance with the procedure established by the collective agreement, agreements, and local regulations.

Article 135. Determination of wages

(as amended by Federal Law of 30.06.2006 N 90-FZ)

The salary of the employee is established by the employment contract in accordance with the salary systems of the given employer.

Remuneration systems, including the size of tariff rates, salaries (official salaries), additional payments and allowances of a compensatory nature, including for work in conditions deviating from normal regulatory acts in accordance with labor legislation and other regulatory legal acts containing labor law norms.

The Russian tripartite commission for the regulation of social and labor relations annually develops a draft federal law on the federal budget for the next year before submission to the State Duma of the Federal Assembly of the Russian Federation uniform recommendations to establish at the federal, regional and local levels systems of remuneration of employees of organizations financed from the respective budgets. These recommendations are taken into account by the Government of the Russian Federation, executive authorities of the constituent entities of the Russian Federation and local governments when determining the amount of funding for healthcare, education, science, culture and other institutions. budgetary sphere... If the parties to the Russian Trilateral Commission for the Regulation of Social and Labor Relations have not reached an agreement, these recommendations are approved by the Government of the Russian Federation, and the opinion of the parties to the Russian Trilateral Commission on the Regulation of Social and Labor Relations is communicated to the constituent entities of the Russian Federation by the Government of the Russian Federation.

(as amended by Federal Law of 20.04.2007 N 54-FZ)

Local regulations establishing wage systems are adopted by the employer taking into account the opinion of the representative body of employees.

The terms of remuneration determined by the labor contract cannot be worsened in comparison with those established by labor legislation and other normative legal acts containing labor law norms, collective bargaining agreements, agreements, local normative acts.

The terms of remuneration determined by the collective agreement, agreements, local regulations cannot be worsened in comparison with those established by labor legislation and other regulatory legal acts containing labor law norms.

Article 136. Procedure, place and terms of payment of wages

When paying wages, the employer is obliged to notify each employee in writing:

1) on the components of the salary 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, of the payment of wages, vacation pay, payments upon dismissal and (or) other payments due to the employee;

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

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

(Part one as amended by the Federal Law of 23.04.2012 N 35-FZ)

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

(as amended by Federal Law of 30.06.2006 N 90-FZ)

The wages are paid to the employee, as a rule, at the place where he performs the work or transferred to the bank account specified by the employee under the conditions determined by the collective agreement or employment contract.

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

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

(as amended by Federal Law of 30.06.2006 N 90-FZ)

Wages are paid at least every half a month on the day established by the internal labor regulations, collective agreement, labor contract.

(as amended by Federal Law of 30.06.2006 N 90-FZ)

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

Payment for the vacation is made no later than three days before its start.

Article 137. Limitation of deductions from wages

Deductions from the employee's wages are made only in cases provided for by this Code and other federal laws.

Deductions from the employee's wages to pay off his debts to the employer can be made:

to reimburse the unearned advance paid to the employee against wages;

to pay off an unspent and timely not returned advance payment issued in connection with a business trip or transfer to another job in another locality, as well as in other cases;

for the return of amounts overpaid to the employee due to counting errors, as well as amounts overpaid to the employee, if the body for consideration of individual labor disputes recognizes the employee's guilt in failure to comply with labor standards (part three of Article 155 of this Code) or simple (part three of Article 157 of this Code) Code);

(as amended by Federal Law of 30.06.2006 N 90-FZ)

upon dismissal of an employee before the end of the working year, on account of which he has already received an annual paid vacation, for unworked vacation days. Deductions for these days are not made if the employee is dismissed on the grounds provided for in paragraph 8 of part one of Article 77 or paragraphs 1, 2 or 4 of part one of Article 81, paragraphs 1, 2, 5, 6 and 7 of Article 83 of this Code.

(as amended by Federal Law of 30.06.2006 N 90-FZ)

In the cases provided for in paragraphs two, three and four of part two of this article, the employer has the right to make a decision to deduct the employee from the wages no later than one month from the date of the end of the period established for the return of the advance payment, repayment of debt or incorrectly calculated payments, and provided that if the employee does not dispute the grounds and amount of the deduction.

Wages overpaid to an employee (including in case of incorrect application of labor legislation or other regulatory legal acts containing labor law norms) cannot be collected from him, except in the following cases:

(as amended by Federal Law of 30.06.2006 N 90-FZ)

counting error;

if the body for the consideration of individual labor disputes recognized the employee's guilt in failure to comply with labor standards (part three of Article 155 of this Code) or simple (part three of Article 157 of this Code);

(as amended by Federal Law of 30.06.2006 N 90-FZ)

if the wages were paid to the employee in excess in connection with his illegal actions established by the court.

Article 138. Limitation of the amount of deductions from wages

The total amount of all deductions for each payment of wages may not exceed 20 percent, and in cases stipulated by federal laws - 50 percent of the employee's wages.

If the employee is deducted from wages under several executive documents, in any case, 50 percent of the wages should be retained.

The restrictions established by this article do not apply to deductions from wages when serving correctional labor, recovering alimony for minor children, compensation for harm caused to the health of another person, compensation for harm to persons who have suffered damage in connection with the death of a breadwinner, and compensation for damage caused by a crime. ... The amount of deductions from wages in these cases cannot exceed 70 percent.

(as amended by Federal Law of 30.06.2006 N 90-FZ)

Deductions from payments that are not levied in accordance with federal law are not allowed.

Article 139. Calculation of average wages

For all cases of determining the size of the average wage (average earnings) provided for by this Code, a unified procedure for its calculation is established.

(as amended by Federal Law of 30.06.2006 N 90-FZ)

To calculate the average wage, all types of payments provided for by the wage system are taken into account, applied by the respective employer, regardless of the source of these payments.

(as amended by Federal Law of 30.06.2006 N 90-FZ)

In any mode of work, the average wage of an employee is calculated based on the actually accrued wages and hours actually worked by him for 12 calendar months preceding the period during which the employee retains the average wage. In this case, a calendar month is considered the period from the 1st to the 30th (31st) day of the corresponding month, inclusive (in February - to the 28th (29th) day inclusive).

(as amended by Federal Law of 30.06.2006 N 90-FZ)

Average daily earnings for vacation pay and compensation for unused vacations are calculated for the last 12 calendar months by dividing the amount of accrued wages by 12 and by 29.4 (average monthly number of calendar days).

(as amended by Federal Law of 30.06.2006 N 90-FZ)

The average daily earnings for the payment of vacations granted in working days in the cases provided for by this Code, as well as for the payment of compensation for unused vacations, is determined by dividing the amount of accrued wages by the number of working days according to the calendar of a six-day working week.

The collective agreement, local normative act may provide for other periods for calculating the average wage, if this does not worsen the situation of employees.

(as amended by Federal Law of 30.06.2006 N 90-FZ)

The specifics of the procedure for calculating the average wage established by this article are determined by the Government of the Russian Federation, taking into account the opinion of the Russian tripartite commission for the regulation of social and labor relations.

Article 140. Terms of calculation upon dismissal

Upon termination of the employment contract, payment of all amounts due to the employee from the employer is made on the day the employee is dismissed. If the employee did not work on the day of dismissal, then the corresponding amounts must be paid no later than next day after the dismissed employee has made a payment request.

In the event of a dispute over the amount due to the employee upon dismissal, the employer is obliged to pay the amount not contested by him within the period specified in this article.

Article 141. Issuance of wages not received by the day of death of the employee

Wages not received by the day of the employee's death are paid to members of his family or to a person who was dependent on the deceased on the day of his death. Wages are issued no later than a week from the date of submission of the relevant documents to the employer.

Article 142. Liability of the employer for violation of the terms of payment of wages and other amounts due to the employee

The employer and (or) representatives of the employer authorized by him in the prescribed manner, who have made a delay in the payment of wages to employees and other violations of wages, are liable in accordance with this Code and other federal laws.

In the event of a delay in the payment of wages for more than 15 days, the employee has the right, having notified the employer in writing, to suspend work for the entire period until the payment of the delayed amount. Suspension of work is not allowed:

(as amended by Federal Law of 30.06.2006 N 90-FZ)

during periods of the introduction of martial law, a state of emergency or special measures in accordance with the legislation on a state of emergency;

in the bodies and organizations of the Armed Forces of the Russian Federation, other military, paramilitary and other formations and organizations in charge of ensuring the country's defense and state security, emergency rescue, search and rescue, fire-fighting work, work to prevent or eliminate natural disasters and emergencies, in law enforcement agencies;

civil servants;

in organizations directly serving highly hazardous types of industries, equipment;

employees whose job responsibilities include the performance of work directly related to ensuring the life of the population (power supply, heating and heat supply, water supply, gas supply, communications, ambulance and emergency medical care stations).

(as amended by Federal Law of 30.06.2006 N 90-FZ)

During the period of suspension of work, the employee has the right to work time be absent from the workplace.

An employee who was absent during his working hours at the workplace during the period of suspension of work is obliged to return to work no later than the next working day after receiving a written notification from the employer about his readiness to pay the delayed wages on the day the employee leaves work.

Article 143. Tariff systems of remuneration

(as amended by Federal Law of 30.06.2006 N 90-FZ)

Tariff wage systems are wage systems based on the tariff system for differentiating wages of workers of various categories.

The tariff system for differentiating the wages of workers of various categories includes: tariff rates, salaries (official salaries), a tariff scale and tariff coefficients.

Tariff scale - a set of tariff categories of work (professions, positions), determined depending on the complexity of the work and the requirements for the qualifications of workers using tariff coefficients.

Tariff category is a value that reflects the complexity of work and the level of qualifications of an employee.

Qualification category - a value that reflects the level of professional training of an employee.

Tariffication of work - assignment of types of labor to wage categories or qualification categories, depending on the complexity of the work.

The complexity of the work performed is determined on the basis of their tariffication.

The tariffication of work and the assignment of tariff categories to employees are carried out taking into account a single tariff qualification handbook works and professions of workers, a unified qualification reference book of positions of managers, specialists and employees. The specified reference books and the procedure for their application are approved in the manner established by the Government of the Russian Federation.

Tariff wage systems are established by collective agreements, agreements, local regulations in accordance with labor legislation and other regulatory legal acts containing labor law norms. Tariff remuneration systems are established taking into account the unified tariff and qualification reference book of jobs and occupations of workers, a unified qualification reference book of the positions of managers, specialists and employees, as well as taking into account state guarantees for labor remuneration.

Article 144. Systems of remuneration of employees of state and municipal institutions

(as amended by Federal Law of 30.06.2006 N 90-FZ)

Remuneration systems (including tariff systems of remuneration) for employees of state and municipal institutions are established:

in federal state institutions - collective agreements, agreements, local regulations in accordance with federal laws and other regulations of the Russian Federation;

in state institutions of constituent entities of the Russian Federation - by collective agreements, agreements, local regulations in accordance with federal laws and other regulatory legal acts of the Russian Federation, laws and other regulatory legal acts of constituent entities of the Russian Federation;

in municipal institutions - collective agreements, agreements, local regulations in accordance with federal laws and other regulatory legal acts of the Russian Federation, laws and other regulatory legal acts of the constituent entities of the Russian Federation and regulatory legal acts of local governments.

The government of the Russian Federation can set base salaries (base official salaries), base salary rates for professional qualification groups.

(as amended by Federal Laws of 20.04.2007 N 54-FZ, of 18.10.2007 N 230-FZ)

The wages of employees of state and municipal institutions may not be lower than the base salaries (base official salaries) established by the Government of the Russian Federation, the base salary rates of the corresponding professional qualification groups.

(as amended by Federal Law of 20.04.2007 N 54-FZ)

Base salaries (base official salaries), base salary rates established by the Government of the Russian Federation are provided by:

federal government agencies - at the expense of the federal budget;

state institutions of the constituent entities of the Russian Federation - at the expense of the budgets of the constituent entities of the Russian Federation;

municipal institutions - at the expense of local budgets.

Remuneration systems for employees of state and municipal institutions are established taking into account the unified tariff and qualification reference book of work and professions of workers, a unified qualification reference book of the positions of managers, specialists and employees, as well as taking into account state guarantees for remuneration, recommendations of the Russian Tripartite Commission for the Regulation of Social and Labor relations (part three of Article 135 of this Code) and opinions of the relevant trade unions (trade union associations) and employers' associations.

Vocational qualification groups - groups of professions of workers and positions of employees, formed taking into account the field of activity based on the requirements for professional training and the level of qualifications that are necessary for the implementation of the relevant professional activity.

Professional qualification groups and criteria for classifying the professions of workers and positions of employees as professional qualification groups are approved federal body the executive branch responsible for the development of state policy and legal regulation in the sphere of labor.

Article 145. Remuneration for the heads of organizations, their deputies and chief accountants

Remuneration for the work of the heads of organizations, their deputies and chief accountants in organizations financed from the federal budget is made in the manner and in the amount determined by the Government of the Russian Federation, in organizations financed from the budget of the subject of the Russian Federation - by the bodies state power the corresponding constituent entity of the Russian Federation, and in organizations financed from the local budget - by local governments.

The amount of remuneration for the heads of other organizations, their deputies and chief accountants is determined by agreement of the parties to the employment contract.

Article 146. Remuneration for Labor in Special Conditions

Remuneration for workers engaged in heavy work, work with harmful, hazardous and other special working conditions is made at an increased rate.

An increased amount is also paid for the work of workers employed in jobs in areas with special climatic conditions.

Article 147. Remuneration for the labor of workers engaged in heavy work, work with harmful and (or) dangerous and other special working conditions

Remuneration for workers engaged in heavy work, work with harmful and (or) hazardous and other special working conditions is set at an increased rate in comparison with tariff rates, salaries (official salaries) established for various types of work with normal working conditions, but not less than the size established by labor legislation and other regulatory legal acts containing labor law norms.

(as amended by Federal Law of 30.06.2006 N 90-FZ)

The minimum wage increase for workers engaged in heavy work, work with harmful and (or) hazardous and other special working conditions, and the conditions for this increase are established in the manner determined by the Government of the Russian Federation, taking into account the opinion of the Russian Trilateral Commission for the Regulation of Social and Labor relationships.

(Part two as amended by Federal Law of 30.06.2006 N 90-FZ)

The specific amount of the increase in wages is established 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, or by a collective agreement, an employment contract.

(as amended by Federal Law of 30.06.2006 N 90-FZ)

Article 148. Remuneration for work in areas with special climatic conditions

Remuneration for work in areas with special climatic conditions is made in the manner and amount not lower than those established by labor legislation and other regulatory legal acts containing labor law norms.

(as amended by Federal Law of 30.06.2006 N 90-FZ)

Article 149. Remuneration for work in other cases of performance of work in conditions deviating from normal

(as amended by Federal Law of 30.06.2006 N 90-FZ)

When performing work in conditions deviating from normal (when performing work of various qualifications, combining professions (positions), overtime work, work at night, weekends and non-working holidays and when performing work in other conditions deviating from normal), the employee is paid the appropriate payments provided for by labor legislation and other regulatory legal acts containing labor law norms, collective bargaining agreements, agreements, local regulations, labor contracts. The amount of payments established by the collective agreement, agreements, local regulations, labor contracts cannot be lower than those established by labor legislation and other regulatory legal acts containing labor law norms.

Article 150. Remuneration for work when performing work of various qualifications

When an employee with a time-wage is performing work of various qualifications, his labor is paid for work of a higher qualification.

When an employee with piecework wages performs work of various qualifications, his labor is paid at the rates of the work he performs.

In cases where, taking into account the nature of production, workers with piecework wages are entrusted with the performance of work that is charged below the categories assigned to them, the employer is obliged to pay them an inter-rate difference.

Article 151. Remuneration for combining professions (positions), expanding service areas, increasing the volume of work or performing the duties of a temporarily absent employee without release from work specified in an employment contract

(as amended by Federal Law of 30.06.2006 N 90-FZ)

When combining professions (positions), expanding service areas, increasing the amount of work or performing the duties of a temporarily absent employee without being released from work specified in the employment contract, the employee is paid an additional payment.

The amount of the additional payment is established by agreement of the parties to the employment contract, taking into account the content and (or) volume additional work (Article 60.2 of this Code).

Article 152. Payment for overtime work

(as amended by Federal Law of 30.06.2006 N 90-FZ)

Overtime work is paid for the first two hours of work not less than one and a half amount, for the next hours - not less than double the amount. The specific amount of overtime pay may be determined by a collective agreement, local regulation, or an employment contract. At the request of the employee, overtime work instead of increased pay may be compensated by the provision of additional rest time, but not less than the time worked overtime.

(as amended by Federal Law of 30.06.2006 N 90-FZ)

Part two is no longer valid. - Federal Law of 30.06.2006 N 90-FZ.

Article 153. Payment for work on weekends and non-working holidays

(as amended by Federal Law of 30.06.2006 N 90-FZ)

Work on a weekend or a non-working holiday is paid at least double:

piece-workers - not less than double piece-rate rates;

employees whose work is paid at daily and hourly wage rates - in the amount of at least double the daily or hourly wage rate;

employees receiving a salary (official salary) - in the amount of at least a single daily or hourly rate (part of the salary ( official salary) per day or hour of work) in excess of the salary (official salary), if work on a weekend or a non-working holiday was carried out within the monthly norm of working time, and in the amount of at least double daily or hourly rate (part of the salary (official salary) per day or hour of work) in excess of the salary (official salary), if the work was performed in excess of the monthly norm of working time.

Specific amounts of payment for work on a day off or a non-working holiday can be established by a collective agreement, a local normative act adopted taking into account the opinion of the representative body of employees, an employment contract.

At the request of an employee who worked on a weekend or a non-working holiday, he may be given another day of rest. In this case, work on a weekend or a non-working holiday is paid in a single amount, and the day of rest is not payable.

Remuneration for labor on weekends and non-working holidays of creative workers of the media, cinematography organizations, television and video crews, theaters, theater and concert organizations, circuses and other persons involved in the creation and (or) performance (display) of works, in accordance with with lists of jobs, professions, positions of these workers, approved by the Government of the Russian Federation, taking into account the opinion of the Russian Trilateral Commission for the Regulation of Social and Labor Relations, can be determined on the basis of a collective agreement, a local normative act, an employment contract.

(as revised by the Federal Law of 28.02.2008 N 13-FZ)

Article 154. Payment for work at night

Each hour of work at night is paid at an increased rate compared to work under normal conditions, but not less than the amount established by labor legislation and other regulatory legal acts containing labor law norms.

(as amended by Federal Law of 30.06.2006 N 90-FZ)

The minimum wage increases for night work are established by the Government of the Russian Federation, taking into account the opinion of the Russian Tripartite Commission for the Regulation of Social and Labor Relations.

(Part two as amended by Federal Law of 30.06.2006 N 90-FZ)

The specific amounts of the increase in wages for work at night are established by a collective agreement, a local normative act adopted taking into account the opinion of the representative body of workers, and an employment contract.

(part three was introduced by the Federal Law of 30.06.2006 N 90-FZ)

Article 155. Remuneration for non-fulfillment of labor standards, non-fulfillment of labor (official) duties

(as amended by Federal Law of 30.06.2006 N 90-FZ)

In case of non-fulfillment of labor standards, non-fulfillment of labor (official) duties through the fault of the employer, labor remuneration is made in an amount not lower than the average employee's wage, calculated in proportion to the hours actually worked.

(Part one as amended by Federal Law of 30.06.2006 N 90-FZ)

In case of non-fulfillment of labor standards, non-fulfillment of labor (official) duties for reasons beyond the control of the employer and the employee, the employee retains at least two-thirds of the tariff rate, salary (official salary), calculated in proportion to the time actually worked.

(as amended by Federal Law of 30.06.2006 N 90-FZ)

In case of non-fulfillment of labor standards, non-fulfillment of labor (official) duties through the fault of the employee, payment of the standardized part of wages is made in accordance with the volume of work performed.

(as amended by Federal Law of 30.06.2006 N 90-FZ)

Article 156. Remuneration for labor in the manufacture of products that turned out to be defective

Marriage through no fault of the employee is paid on a par with suitable products.

Complete marriage due to the fault of the employee is not subject to payment.

Partial defects due to the fault of the employee are paid at reduced rates depending on the degree of product suitability.

Article 157. Payment for downtime

Downtime (Article 72.2 of this Code) through the fault of the employer is paid in the amount of at least two-thirds of the employee's average wage.

(as amended by Federal Law of 30.06.2006 N 90-FZ)

Downtime for reasons beyond the control of the employer and the employee is paid in the amount of at least two-thirds of the tariff rate, salary (official salary), calculated in proportion to the downtime.

(as amended by Federal Law of 30.06.2006 N 90-FZ)

Downtime due to the fault of the employee is not paid.

The employee is obliged to inform his immediate supervisor, another representative of the employer about the beginning of downtime caused by equipment breakdown and other reasons that make it impossible for the employee to continue performing his job function.

(part four was introduced by the Federal Law of 30.06.2006 N 90-FZ)

If creative workers of the media, cinematographic organizations, television and video filming collectives, theaters, theater and concert organizations, circuses and other persons participating in the creation and (or) performance (display) of works, in accordance with the lists of works, professions, positions of these workers, approved by the Government of the Russian Federation, taking into account the opinion of the Russian Trilateral Commission for the Regulation of Social and Labor Relations, do not participate in the creation and (or) performance (exhibit) of works for any time or do not act, then the indicated downtime is not and can be paid in the amount and in the manner that are established by the collective agreement, local regulatory act, labor contract.

(Part five was introduced by the Federal Law of June 30, 2006 N 90-FZ, as revised by the Federal Law of February 28, 2008 N 13-FZ)

Article 158. Remuneration for labor in the development of new industries (products)

A collective agreement or an employment agreement may provide for the employee to retain his previous wages for the period of mastering a new production (products).

Piece rate is one of the methods of remuneration of workers provided for by labor legislation, which have their own characteristics, advantages and disadvantages. Let us consider the features of registration of labor relations with employees based on the current regulatory legal acts, as well as types of piecework payment and calculation rules.

Piecework wages, like any other labor legal relationship, are governed by a certain regulatory framework, which must be followed by both workers and their employers.

Based on paragraph 1 of Art. 135 of the Labor Code, wages are set for an employee when he concludes an employment contract with him on the basis of the payment system established in the organization or at the enterprise.

Art. 8 of the Labor Code provides for the right and obligation of organizations to issue local acts that apply to labor legal relations within the organization, while they should not contradict the current Labor Code and go beyond the competence of the company.

Regulation of piecework (as well as time-based) payment is carried out by other norms of the Labor Code, contained in Chapter 21, general principles and principles of labor law and other norms governing the issue under consideration in general view.

A more detailed source of legal regulation is a local act of the organization that establishes the rules for piecework and payment for it. This is the Regulation on piecework remuneration, on the basis of which the salary is established for the employee, it is calculated and issued.

Other local documents of the organization may establish the rules for establishing payment for work performed, tariffing, labor rationing and other issues in this area.

Types of piecework wages

Labor legislation provides for 2 different options for calculating the salary of an employee, the choice of which depends on the specifics of the labor function and activities of the enterprise:

  • time wages paid based on the time actually worked by the employee;
  • piecework, the size of which does not depend on the time the employee is at work, but on the work actually performed by him (the number of products produced, materials prepared, etc.).

This is the only classification that has been established at the legislative level. Division of piecework wages different kinds is not legal, but theoretical and practical. The practice of labor relations has developed the following payment options for actual production:

  • piece-bonus wages, which implies payment for the actual work of an employee (the number of products produced) and bonus payments in case of overfulfillment of the production rate established by the employer;
  • piece-rate progressive, involving payment of production in excess of the established norm in a larger amount (after meeting the norm for certain period time, the unit charge increases by established by the employer tariff);
  • indirect piecework salary, which depends on the actual work performed by the main personnel, but is paid to auxiliary personnel who are not directly involved in the production or procurement of products (persons servicing the tools of production, carrying out pre-sale preparation of goods, etc.);
  • collective, depending on the efficiency of the entire team, and brigade, which is calculated on the basis of the number of units produced by members of one brigade;
  • payment of lump-sum wages (for the performance of some separate stages of production or all of them in aggregate);
  • lump-sum bonus (by analogy with piece-rate bonus, lump-sum payment with a bonus for exceeding the norms).

The regulation in the organization may provide for any other formats for calculating the size of the salary of employees.

The procedure for transferring to piecework payment

Salary, its size, conditions of formation and procedure for payment are the terms of the employment contract with the employee. Piecework is carried out by the employees of the organization only if this form of payment is fixed in the employment contract. But the employer, on the basis of Art. 74 Labor Code time workers can be transferred to piecework wages. To do this, follow these steps:

  1. Issuance of an order to transfer the relevant categories of workers to piecework wages.
  2. Drawing up and approval of the Regulation on piecework wages.
  3. Familiarization of interested employees with a personal signature with both local legal acts 2 months before the entry into force of changes in the form of payment.
  4. Entering in the form of additional agreements.

With the consent of the employees (if they are received in writing), the transition to this form of payment can be carried out even before the expiration of a 2-month period.

Labor contract with piecework wages

The transition to the piece-rate form of wage calculation must be preceded by the introduction of the terms of piece-rate pay into the employment contract with the employee (a sample is given below). For this, the employer prepares a supplementary agreement form in duplicate and offers the employee for signing. After affixing the signatures and the seal of the organization (if any) and the expiration of the 2-month period provided by law, such supplementary agreement comes into force and changes the original employment contract.

Payment

The rules for calculating piecework wages should be regulated local act enterprises available for inspection by pieceworkers. In general terms, the formula for calculating the salary due to such an employee looks like this:

ZP \u003d Kp * Sed, where

  • ЗП - the amount of wages before taxes;
  • Кп - the number of released (manufactured) product units;
  • Sed - prices for 1 unit of finished products.

The formula will look more complicated if the employer intends to pay a bonus for fulfilling or overfulfilling the plan:

ZP \u003d Kp * Sed + P, where

  • P is a bonus based on the results of work, which is often of a fixed nature, but may also depend on the number of products produced in excess of the norm.

With progressive calculation, the formula will be even more complicated:

ZP \u003d Kp * Sed + Kpp * Sedp, where

  • KPP - the number of products in excess of the established fee;
  • Sedp - the increased cost of products established after the fulfillment of the established norm in a certain time period.

If a local act provides for more than one progressive increase in the cost of production, then there will be even more terms in the formula.

The specific calculation formula depends on the specifics of calculating piecework wages, established by the relevant Regulations at the level of a particular organization.

Advantages and disadvantages

The size of an employee's income directly depends on the efficiency of his work, which has a positive effect on his motivation and interest in working as much and better quality The employee will not be able to gain free time during the work shift without compromising the amount of his wages
Growth in labor productivity, an increase in the volume of products manufactured by the enterprise, as a result - its economic growth The time spent at work in the production process is not paid. For example, when setting up or servicing machines (unscheduled), workers are forced to wait at the workplace, but they are not paid for this time
Formation of a hardworking team striving to increase the output of high-quality products, which positively affects the financial well-being of both the enterprise and the employees themselves Striving for high earnings can negatively affect the psycho-emotional and physical health of the employee
The employee does not need to look for a side job if he wants to increase his income. To do this, it is enough for him to work harder at his main workplace. In the absence of proper control over the quality of products, the enterprise is threatened with losses due to the large number of defects made by workers in pursuit of the quantity and final wages
Possible conflicts in the team when calculating the number of manufactured products and the amount of salary paid to each based on the results of work

The piece-rate form of payment for employees of enterprises has its advantages and disadvantages, and each organization independently decides which form to use it. The Labor Code places an obligation on the employer to decide how he will pay his employees. To do this, he needs to develop and approve a local legal actregulating the payment procedure (usually in the form of a Regulation). On the basis of this document, the size of the salary, the rules and procedure for its calculation and payment, should be calculated.

Labor remuneration is very significant section of the labor legislation of the Russian Federation. The work of each employee should be rewarded by issuing wages. Realization of a citizen's right to decent wages ensures high level interaction between employer and employee.

Salary is periodic payment, relying on employees of public and private organizations for a certain period of work done. When establishing the amount of salary, the head of the enterprise must monitor the level of the living wage. In other words, it is forbidden to set a salary that is lower than the minimum wage.

Minimum wage - minimum wage, which is due to a working citizen. In each subject of the country, depending on the economic and social indicators the value of the subsistence minimum has its own marks.

An employee's salary includes 3 fundamental elements:

  1. Fixed part... In another way, it is called a salary. This is the main part of the payment, which is set in advance in labor agreement.
  2. Additional payments... They can be installed depending on the type of activity. For example, an enterprise engaged in oil production in the Far North may establish a bonus for its employees. Part of the additional payment can be in the range of 15-100% of the total salary.
  3. Prizes... The bonus payment is not included in the compulsory part of the remuneration. The head of the enterprise can, at his discretion, establish bonuses for certain categories of employees that have brought the maximum benefit to the company. However, under the terms of the Labor Code, an employee who was unreasonably excluded from the list of persons who were entitled to an additional payment can appeal this decision to the labor inspectorate.

Most private companies have recently been actively moving to the wage rate. What does this mean? The tariff rate is an amount that is set depending on the actually worked period of time. It is usually expressed in units. The idea is that the employee will receive that part of the salary that is proportional to the total volume of rate units.

In turn, each employee, depending on his professional skills and work experience, is given a certain number of units. But at the same time, the amount of payment at the tariff rate should not be lower than the minimum wage.

The legislative basis of the wage system is the Constitution of the Russian Federation. The highest regulatory legal act states that everyone should receive remuneration for the work they do. In this case, the manifestation of discrimination is prohibited. A citizen of the Russian Federation, from whatever nationality he may be, has the right to receive general principles salary.

A more detailed acquaintance with the conditions for calculating wages, as well as the remuneration system, are set out in the Labor Code of the Russian Federation.

So, in the Labor Code of the Russian Federation, the following rules regarding wages:

  1. Information about the establishment of the minimum wage. In particular, the specifics of establishing the minimum value in certain regions are indicated, as well as factors affecting the size of the salary in a particular region.
  2. The procedure for issuing salaries. In Art. 136 of the Labor Code of the Russian Federation established the rules that determine the place of issuance of remuneration, as well as responsibility for violation of payment terms.
  3. Circumstances related to deduction from wages.
  4. Establishing the size of the average salary.
  5. Features of the remuneration of a deceased citizen.

An orderly system of remuneration can be laid down in a collective agreement. The legislator establishes that the terms of a collective agreement should not contradict the requirements of the Constitution and the Labor Code of the Russian Federation. Hence, the entire accounting system and the principle of calculating wages should be based on the rules of labor legislation.

The remuneration procedure is a list of the employer's primary actions aimed at informing employees about all the points of calculating and retaining wages.

The procedure is set out in Art. 136 of the Labor Code of the Russian Federation, which determines exactly where the employee can receive his remuneration, as well as the retention system.

According to Art. 136 of the Labor Code of the Russian Federation, remuneration must be paid to an employee in the organization (institution) in which he worked for the last reporting period. However, in a special application, a citizen can ask management to have his payment tied to a bank account.

Each employee has the right to receive payment at least 2 times in one month. This rule should be established in a collective agreement.

According to the regulations of the current labor legislation, each employer has the right to choose his own remuneration system, which is the most effective for his organization. The selected form of payment of remuneration to employees, as well as the terms of the wage rate, the size of the salary and other aspects of remuneration are entered into the collective agreement in advance.

Today, as the main forms of gratitude labor achievements employees are used time-based or piece-rate system.

Time-based - the name itself suggests that the period of time worked by the employee is taken into account as a fundamental factor in the calculation. Also, the amount of payment is affected by the size of the tariff rate.

The unit of the tariff rate is taken into account at each enterprise in its own way. Some organizations set an hourly rate according to which the employee receives remuneration commensurate with the hours worked. Usually this rate is used in educational institutions.

Time-based payment method has its own subspecies. In particular, it is divided into: simple and premium.

Simple-timephased assumes wages according to the system of adding hours worked, taking into account the rank of each employee.

Time-premium payment involves adding to the amount of hours worked and the amount of the bonus.

The terms of remuneration can be piecework... This is allowed by the Labor Code of the Russian Federation. Usually piecework is installed in private enterprises that produce different type products. It is more profitable for management to pay employees on a piece-rate system, since this does not impose an obligation on them to pay wages under any circumstances.

Basic piecework systems:

  1. Straight... The employee receives a salary based on the volume of products produced or sold.
  2. Progressive... In this case, an employee who has produced or sold a product in excess of the norm is paid for the additional work.
  3. Indirect... Usually applied to a secondary team (for example, loaders, pickers). The bottom line is that the loader is paid a salary depending on the volume of products produced by his enterprise.

This video addresses the issue of working at night according to the Labor Code of the Russian Federation.

An employment contract is agreement between two parties (employee and employer), according to which the employer hires a citizen and undertakes to comply with all of his labor rights and provide proper working conditions. The employee, in turn, agrees to fulfill all obligations within the framework of his work activity, as well as compliance with other obligations provided for in the agreement.

The existence of an employment contract allows you to set out in advance in writing a model of the future relationship between the organization and the employee.

The citizen proceeds to the execution of the agreement after the preliminary procedures related to the interview.

The registration procedure can be divided into two stages:

  1. Preparation of papers.
  2. Direct signing of the contract.

In order for the agreement to be drawn up correctly, from the point of view of labor law, the applicant (future employee) must collect next batch of help:

  1. Employment history.
  2. Identity document.
  3. Medical policy.
  4. Document proving military service.

The finished package of papers is handed over to the head of the enterprise, who must check the completeness of the certificates.

Considering the importance of the information contained in the employment agreement, the legislator has established certain rules for concluding an agreement. Thus, the agreement must be made in two copies. So, both the employee and the employer will be able, if necessary, to familiarize themselves with the details of the agreement and identify certain shortcomings.

The next condition, which, in terms of its importance, can be put in the foreground is the information that should be set out in the agreement. So, according to the Labor Code of the Russian Federation, the contract must contain information:

  1. About the terms of the agreement. The contract can be of unlimited duration or executed for a specific period.
  2. Ways of remuneration, as well as the amount of salary that the employee will receive.
  3. Basic rights and obligations that are assigned to the parties.
  4. Information about the beginning of labor activity.
  5. Personal information of the employee, as well as the qualifications that will be initially assigned to him.
  6. Features of working conditions at a particular enterprise or institution.
  7. The frequency of remuneration, as well as the specific terms during which accruals will be made.
  8. The number and duration of vacations.

The contract comes into force on the day when the employee and his employer officially sign on the title form and thereby certify their agreement with all the terms of the agreement.

Innovations for 2018

In 2018, the minimum wage can be 11,163 rubles per month. The idea of \u200b\u200bestablishing an obligation for employers to be obliged to index wages at least once a year is also actively discussed.

According to the already prepared draft, each employer should index the remuneration of employees in proportion to the inflation rate.

Everything about wages in the Labor Code of the Russian Federation is presented in this news release.