To answer this question It is important to understand what recycling is.

Work: what is the norm by the hour

According to labor law, for each employee, the duration of the working time must be established, during which he is obliged to fulfill the duties assigned to him. The generally accepted norm is considered to be a 40-hour week. For certain categories of workers, it is even less. However, there are situations in which an employee may stay late at work. We are talking about the irregularity of the working day (fixed in the employment contract) and overtime work, which requires payment for processing. Delay at the workplace due to unfulfilled duties assigned to the employee on time is not considered processing. An offer of paid overtime can only come from an employer.

Processing (aka overtime)

If the representative of the employer takes the initiative to involve the employee in performing work outside the established time period for work, he involves him in overtime work at the end of the worked - day or night - shifts. Overtime will also be considered work less than 8 hours a day for workers who work on and it exceeds the norm established for them. As a rule, processing is of a non-permanent nature, in particular, it is applicable during the period of supply of materials, reporting. Practice, including judicial practice, shows that processing cannot be planned in advance, this is a kind of forced measure. Enforcement of the decision may require the consent of the employee in writing. No representative of the employer may contain provisions that, in the event of appropriate circumstances, the employee is obliged to consent to overtime work.

What processing time is possible?

Since processing involves additional labor costs, it must be controlled, officially recorded and paid for accordingly. The employer should ensure accurate records of working hours for each employee. A unified form of accounting is a time sheet in which an alphabetic (“C”) or numeric (“04”) code is entered indicating the processed time up to minutes. Fixing the duration of work in excess of the norm is necessary in order to avoid a 4-hour excess for two days and a 120-hour excess for a year. These rules also apply to contributors. For car drivers who are subject to summary records of working hours, scheduled work + overtime work cannot be more than 12 hours, except in situations where it is necessary to complete the flight or wait for a shift.

Who is not eligible for overtime work?

The processing of working time, for which it is obligatory, cannot concern a number of employees. No one has the right to involve in the processing of persons who have not reached the age of majority, pregnant women. Women who have dependent children under the age of three, disabled people can do overtime work, having given written consent and in the absence of contraindications for health reasons (if there is a corresponding medical opinion). Their familiarization with the possibility of refusal must be recorded against signature. Similar guarantees apply to a parent who is raising children under the age of five without his soulmate, employees with disabled children and those who care for sick members of their families with a medical certificate.

Under what circumstances is it necessary to obtain written consent for processing from an employee?

Payment for processing under the Labor Code of the Russian Federation must be made with the mandatory consent of the employee if:

For technical reasons, there was a delay in production, the employee did not complete or did not complete the work on time within the working hours, and the stoppage may threaten the life and health of people, lead to damage or destruction of property;
- there are malfunctions in mechanisms, structures, the lack of repair in which can cause a stop in the work process for many workers;
- the replacement employee did not show up for work, and the process stoppage is unacceptable; at the same time, the employer must take all necessary measures to replace the employee.

These circumstances do not oblige the employee to agree to processing (he may refuse). Refusal should not be regarded as a violation of discipline at work.

When does an employer not require consent?

Payment for processing will be made without a written consent to the implementation of overtime work when:

The need to carry out work to prevent a catastrophe, accident at work or eliminate their consequences;
- the need to carry out work aimed at eliminating accidents centralized systems gas, heat, hot and cold water supply, sanitation, communications, lighting, transport;
- the need to carry out work in cases that endanger the lives of the population (military or state of emergency, natural disasters).

Under these circumstances, the employee's refusal is unacceptable.

Penalties

The lack of appropriate consent to perform overtime work, as well as failure to keep track of overtime, may result in an administrative penalty (fine, suspension of the organization):
- for officials- 1000-5000 rubles;
- for legal entities - 30,000-50,000 rubles. or suspension of the organization's activities for up to 90 days.

Documentation of processing

Hourly processing, wages for it must be properly executed. Sometimes it may be necessary to write a report to the manager, which should indicate the circumstances of the incident and the need to involve one or another employee in overtime work. Then you should notify the employee about the need for processing by sending him a written notice or familiarizing yourself with the report against signature, if necessary, obtain consent, then issue an order to pay for processing. unified form no such document exists. It can be drawn up arbitrarily with the obligatory content of the reasons for processing, who and for how long should be involved in the work. The order is issued for each case of processing. It cannot be prepared in advance for a certain period with an indication of the employees.

Labor law states that the employer should be properly compensated for hours of work in excess of the norm. We are talking about both overtime work and work on weekends, holidays, at night. The answer to the question: “How are overtime paid according to the Labor Code of Russia?” - lies in article 152 of the document on labor law, which speaks of the need for the employer to provide for the first two hours of work one and a half, for the next hours - double pay. Higher coefficients are also possible if this is reflected in the local regulatory framework of the enterprise, collective or labor contracts. Also, the time worked can be replaced by rest equal to or exceeding the hours of processing. The choice of one or another method of compensation is the prerogative of the employee, not the employer.

In practice, you can often encounter a number of questions about how overtime is paid, which are not explained by the Labor Code, relating, for example, to situations where overtime falls on weekends and holidays or at night. So, in the case of processing that falls at night, must be paid (at least 20%) and separately for overtime work. Weekend overtime or will be treated solely as weekend or holiday work with corresponding double pay. Payment for overtime with a shift schedule is calculated based on the excess of the norm of working hours for the accounting. Everywhere it is calculated differently, however arbitrage practice defines an approach in which the first 2 hours of the total number of hours of processing in the accounting period should be paid in one and a half, all the rest - in double the amount. Initially, the employer should document the procedure for paying for overtime, that is, what base for the application of multiplying factors will be taken into account (bare salary (tariff rate) or salary + allowances). To pay for overtime, it is better to prepare a detailed accounting statement-calculation. In case of overworking hours in excess of the maximum allowable rate, the employee must receive compensation in full.

As of: 31.10.2006
Magazine: Directory of personnel officer
Year: 2006
Author: Kuchma Margarita Ivanovna
Topic: Wages
Rubric: Payment and labor rationing / taxation

Amendments and additions made to Section VI of the Labor Code of the Russian Federation by Federal Law No. 90-FZ dated June 30, 2006 “On Amending the Labor Code of the Russian Federation, Recognizing Certain Regulatory Legal Acts of the USSR as Invalid on the Territory of the Russian Federation and Invalidated Certain Legislative Acts (Provisions legislative acts) of the Russian Federation” (hereinafter referred to as the Law of June 30, 2006 No. 90-FZ) can be classified as follows:
correction of editorial articles;
clarification of existing legal norms in order to eliminate the contradictions that have arisen in practice in their application;
additions to detail legal regulation wages of persons working under an employment contract;
increased emphasis on the establishment of conditions for remuneration by the employer.

The innovations concerned mainly the conceptual apparatus, the establishment of conditions for remuneration, the calculation of average earnings, the consequences of delayed payment of wages, and local rule-making. We will not dwell on those editorial clarifications that are end-to-end for the entire Code, since they are not important for establishing the conditions for remuneration, accrual and payment of wages. But it seems that attention should be paid to the clarification of the conceptual apparatus in Section VI of the Labor Code of the Russian Federation.

The concepts that are disclosed in Art. 129 and 133 of the Labor Code of the Russian Federation, have not only theoretical, but also practical value. They need to be well oriented not only by employers (especially those in the non-budgetary sphere), but also by employees and their representative bodies. It must be taken into account that employers have to decide a large number of issues of remuneration, using collective agreements, local regulations, labor contracts. Moreover, even those provisions that are quite clearly set out in federal regulatory legal acts, in some cases can be specified at the organization level (for example, indexation of wages in connection with an increase in consumer prices for goods and services - Article 134 of the Labor Code of the Russian Federation; the procedure for place and terms of payment of wages - Article 136 of the Labor Code of the Russian Federation; periods for calculating the average wage - Article 139 of the Labor Code of the Russian Federation, etc.) non-working holidays, at night - articles 151, 152, 153 of the Labor Code of the Russian Federation).

The concept of wages (wages)

Article 129 of the Labor Code of the Russian Federation has undergone significant changes in connection with the adoption of the Law of June 30, 2006 No. 90-FZ. First, from Art. 129 of the Labor Code of the Russian Federation, the definition of wages has disappeared, which should be treated with approval.

Secondly, the concept of wages has been expanded by deciphering what is included in the "compensation and incentive payments" that are part of wages.

There are no objections to incentive payments. As for compensation payments, it should be said: compensation payments and additional payments and allowances of a compensatory nature are not the same thing. The concept of compensation payments is contained in Art. 164 of the Labor Code of the Russian Federation, the purpose of such cash payments is to reimburse the employee for the costs incurred by him in connection with the performance of labor and other duties provided for by the Labor Code of the Russian Federation and other federal laws.

As follows from Section VII of the Labor Code of the Russian Federation, compensation payments include reimbursement to the employee for travel expenses, renting housing, settling in a new place of residence, food, due to living outside the place of permanent residence and related to business trips, moving to work in another locality, work in field conditions, etc.

In the science of labor law, compensation payments have never been related to wages.

Another thing is additional payments to wages in those cases that are listed in brackets in Part 1 of Art. 129 of the Labor Code of the Russian Federation. It has become customary to call them surcharges and allowances of a compensatory nature, although it can hardly be recognized that an surcharge, say, in the amount of 12% of the tariff rate can compensate for work in unfavorable conditions. working conditions, expenses hard work or work in hazardous conditions referred to in art. 147 of the Labor Code of the Russian Federation.

By the way

In the definition of wages, there was a confusion of two concepts: compensation payments and additional payments, bonuses to the tariff rate or salary of a compensatory nature. In this regard, it should be borne in mind that salary includes only additional payments and allowances.

Thirdly, the concept of “minimum wage” was somewhat simplified insofar as it refers to the non-inclusion of compensatory, incentive and social payments into its value: earlier, through the transfer of certain payments, a breakdown was given of what is not included in the minimum wage, and that was redundant.

At present, it seems superfluous to mention compensation payments (for the same reason as mentioning them in the concept of “wage”) and social payments, which have never been related to the remuneration of employees (in some cases, we can only talk about the dependence of social payments from wages, since some of them are calculated from the average earnings of an employee).

Fourthly, the definition of the tariff rate is supplemented by an indication that it does not include compensatory, incentive and social payments. This raises the same remark as with the determination of wages and minimum wages.

Fifthly, the definition of salary (official salary) is now given in isolation from the definition of the tariff rate, which should be treated with approval.

Sixth, the concept of “base salary, base wage rate” has appeared, which were not previously mentioned in the Code. Their appearance is due to the new edition of Art. 144 of the Labor Code of the Russian Federation, which refers to the remuneration of employees of state and municipal institutions.

Seventh, from Art. 129 in Art. 143 of the Labor Code of the Russian Federation, which is specifically devoted to tariff systems of remuneration, the definitions of such concepts as “work tariffing”, “ tariff category», « qualifying category”, “tariff scale”, “tariff system”.

Other definitions related to wages

In addition, let us recall the decoding of a number of concepts found in other articles of the Labor Code of the Russian Federation.

By the way

In the definition of the minimum wage given in art. 129 of the Labor Code of the Russian Federation, there is no indication of its payment in full when fulfilling labor standards (labor duties). The corresponding addition is found in Art. 133 of the Labor Code of the Russian Federation. Part 3 of this article (as amended by the Law of 30.06.06 No. 90-FZ) states: the monthly salary of an employee who has worked the norm of working hours for this period and fulfilled labor standards (labor duties) cannot be lower than the minimum wage .

The definition of the tariff system in the original version of Art. 129 of the Labor Code of the Russian Federation corresponded to the concept of this legal category established in the science of labor law and did not cause any complaints. Additionally, Art. 143 of the Labor Code of the Russian Federation, it was indicated that the tariff system of remuneration includes tariff rates (salaries), a tariff scale, and tariff coefficients.

Currently, in part 1 of Art. 143 of the Labor Code of the Russian Federation (as amended by Law No. 90-FZ of June 30, 2006) we are not talking about the tariff system as general concept, but about tariff systems, of which (as the plural indicates) there may be several.

To disclose the concept of "tariff systems" the new concept of "tariff system of wage differentiation" is used. Now it turns out that not the tariff system of remuneration, but the tariff system of wage differentiation includes tariff rates, salaries (official salaries), the tariff scale and tariff coefficients, since Part 2 of Art. 143 of the Labor Code of the Russian Federation.

It seems that there was no need to complicate the definition of the tariff system. It is clear that both earlier and now, speaking of the tariff system of remuneration, we mean the organization of remuneration, which is based on such long-known attributes of the tariff system (even if it is called the “tariff system of wage differentiation”), such as those that are named in Part 2 of Art. 143 of the Labor Code of the Russian Federation. Tariff systems include time-based and piece-work wage systems familiar to everyone and their varieties.

There is still tariff-free system wages, which was previously mentioned in Art. 80 Labor Code of the Russian Federation. It is quite widely used in the non-budgetary sphere. It also has a differentiation of wages, but it is based on completely different factors, labor participation coefficients or qualification level coefficients are most often used. The shortcomings of the tariff-free model of remuneration were discussed at the All-Russian Personnel Congress, held as part of the activities of the National Union of Personnel Officers in December 2002.

For correct application and understanding the conditions of remuneration, the concepts contained not only in section VI of the Labor Code of the Russian Federation, but also in other sections of the Code are important. So, for the payment of overtime work, its definition contained in Art. 99 of the Labor Code of the Russian Federation, for payment night work- the concept established in Art. 96 of the Labor Code of the Russian Federation, for payment for work on weekends and non-working holidays - the norms of Art. 112 and 113 of the Labor Code of the Russian Federation, to pay for downtime - the provisions of Art. 722 of the Labor Code of the Russian Federation, to pay for other work in connection with the transfer - the definitions of Art. 722 and 73 of the Labor Code of the Russian Federation, etc.

Establishment of wage conditions

Article 135 “Setting wages” of the Labor Code of the Russian Federation, in accordance with the Law of June 30, 2006 No. 90-FZ, has a completely new version. However, this does not mean that the rules for establishing wage conditions have been substantially changed. It can be said that the accents are placed in a different way in relation to the actions of the employer in setting wages.

First place in Art. 135 of the Labor Code of the Russian Federation delivered labor contract because, in accordance with Art. 57 of the Labor Code of the Russian Federation, the conditions for remuneration (including the size of the tariff rate, salary, additional payments, allowances, incentive payments) are mandatory conditions labor contract.

In article 135 of the Labor Code of the Russian Federation, a mention appeared of such components of wages, which Art. 144 of the Labor Code of the Russian Federation, previously referred to as “Incentive payments”, - additional payments, allowances of a compensatory nature, including for work in conditions that deviate from normal, systems of additional payments and allowances of a stimulating nature, bonus systems (note that in relation to additional payments and allowances the word "systems" is redundant).

Part 3 Art. 135 of the Labor Code of the Russian Federation, which, in the previous edition of Art. 135 after its adjustment by the Federal Law of August 22, 2004 No. 122-FZ was part 2, remained practically unchanged, except for a small editorial change. Over the past two years, the Russian tripartite commission for the regulation of social and labor relations has already adopted Unified recommendations on wage systems for employees of organizations financed from the federal, regional and local budgets, which have already been written about more than once in the Personnel Officer's Handbook and in 2005, and in 2006

Part 4 Art. 135 of the Labor Code of the Russian Federation can be called an illustration to Art. 8 of the Labor Code of the Russian Federation, which says: in cases provided for by the Code, other federal laws and other regulatory legal acts of the Russian Federation, a collective agreement, agreements, the employer, when adopting local regulations, takes into account the opinion of the representative body of employees (if there is such a representative body). Article 135 of the Labor Code of the Russian Federation just names such a case in relation to the remuneration of employees.

The rules set out in Parts 5 and 6 of Art. 135 of the Labor Code of the Russian Federation, were in this article earlier. Moreover, Part 5 of Art. 135 is consistent with Art. 57 of the Labor Code of the Russian Federation, where it is said that the employment contract may provide for additional conditions that do not worsen the position of the employee in comparison with the established labor legislation and other regulatory legal acts containing labor law norms, a collective agreement, agreements, local regulations.

Part 6 of Art. 135 repeats the provisions previously fixed in Art. 8 and 50 of the Labor Code of the Russian Federation, but already in relation to the conditions of remuneration.

Other articles of Chapter 21 of the Labor Code of the Russian Federation also speak about the establishment of wage conditions. At the same time, there is a connection between Part 2 of Art. 135 and part 9 of Art. 143, part 1 of Art. 144, part 3 of Art. 147, art. 149, part 3 of Art. 154 of the Code.

When comparing part 2 of Art. 135 and part 9 of Art. 143 of the Labor Code of the Russian Federation, we see that in the first case we are talking about the establishment of wage systems in collective agreements, agreements, local regulations, in the second case - tariff wage systems with the addition that tariff systems are established taking into account the Unified Tariff and Qualification Directory of Works and professions of workers, the Unified Qualification Directory for the positions of managers, specialists and employees. Part 9 of Art. 143 of the Labor Code of the Russian Federation there is also a mention of accounting for state guarantees for wages, but this, of course, when establishing any component of wages, since a separate article is devoted to state guarantees for wages in section VI of the Labor Code of the Russian Federation. 130, and throughout the entire Code, in relation to any provision established by the employer, it is emphasized that it cannot worsen the position of the employee in comparison with the established labor legislation.

In part 1 of Art. 144 of the Labor Code of the Russian Federation, the documents that establish wage systems (including tariff systems for remuneration of employees of state and municipal institutions) include collective agreements, agreements, and local regulations. Compared with Part 2 of Art. 135 of the Labor Code of the Russian Federation, it additionally indicates which regulatory legal acts the conditions for remuneration of labor must comply with when it comes to employees of federal state institutions, state institutions of the constituent entities of the Russian Federation, and municipal institutions.

Article 144 of the Labor Code of the Russian Federation generally deserves a separate discussion, since it received a completely new content: previously neither in the Labor Code, nor in Labor Code remuneration of employees of state and municipal institutions was not considered separately.

Because in Art. 144 of the Labor Code of the Russian Federation, we are talking about state and municipal institutions, in addition, in its first part, they are graded into federal state institutions, state institutions of the constituent entities of the Russian Federation and municipal institutions, and in part 4 it is indicated at what expense basic salaries and basic wage rates are provided, then, obviously, at present we can say that Art. 144 refers to public sector institutions.

However, soon the circle of institutions falling under Art. 144 of the Labor Code of the Russian Federation, may be expanded at the expense of autonomous institutions, the law on which is under consideration in State Duma Russian Federation.

In Article 144 of the Labor Code of the Russian Federation, we highlight a number of issues that (in addition to the list of acts where wage systems are established in state and municipal institutions) are important for determining the conditions for remuneration of these institutions: this is the formation of professional qualification groups of workers for whom base salaries and base rates are set wages; the procedure for determining basic salaries and basic wage rates, their financial support.

To professional qualification groups Art. 144 of the Labor Code of the Russian Federation classifies groups of professions of workers, positions of employees, formed taking into account the scope of activity on the basis of the requirements for professional training and the level of classification that are necessary for the implementation of the relevant labor duties.

By the way

These groups, as well as the criteria for referring to them the professions of workers and positions of employees, are approved, as stated in Part 7 of Art. 144 of the Labor Code of the Russian Federation, a federal executive body responsible for the development of state policy and legal regulation in the field of labor. This federal agency is the Ministry of Health and social development Russian Federation (Ministry of Health and Social Development of Russia), as evidenced by paragraph 1 of the Regulations on this ministry, approved. Decree of the Government of the Russian Federation of June 30, 2004 No. 321.

The definition of the base salary, the base wage rate as the minimum wage (wage rate) for a certain professional qualification group is contained in Part 5 of Art. 129 of the Labor Code of the Russian Federation in its modern edition. They cannot be lower than the minimum wage established by federal law for all employees on the territory of the Russian Federation (see part 4 of article 133 of the Labor Code of the Russian Federation).

For the establishment of wage systems for employees of state and municipal institutions, the ETKS, the Unified qualification guide positions of managers, specialists and employees, Recommendations of the Russian tripartite commission for the regulation of social and labor relations (RCC is also mentioned in part 3 of article 135 of the Labor Code of the Russian Federation), the opinion of the relevant trade unions (associations of trade unions) and associations of employers (see part 5 of art. 144 of the Labor Code of the Russian Federation).

Quoting the Document

Calculation of average earnings

Article 139 "Calculation of average earnings" of the Labor Code of the Russian Federation by the Law of June 30, 2006 No. 90-FZ made five significant changes.

1. With the general procedure for calculating average earnings, as set out in Part 3 of Art. 139 of the Labor Code of the Russian Federation, previously it was necessary to take wages for the 12 months "prior to the date of payment" of the guarantee payment for which the calculations were made. This was a very unfortunate rule, since the moment of payment (or rather, the day of payment) did not always coincide with the beginning of the period for which the employee was supposed to pay the average earnings or part of it. For example, an employee went on a business trip in the middle of the month, after which he did not go to work for some time due to illness, and the payment of average earnings for the business trip period occurred, say, a month and a half after his departure on a business trip. Is it correct in this case to calculate the employee's average earnings for the 12 months preceding the day of his actual payment?

Currently, the calculation of average earnings is based on cash payments for the 12 calendar months preceding the period during which the employee retains the average wage

2. Article 139 of the Labor Code of the Russian Federation now clearly defines which period is considered a calendar month in order to avoid a varied interpretation of such a period, not only when calculating average earnings, but also in other cases when a calendar month is mentioned in the legal norm.

3. Changed the payroll accounting period for calculating vacation pay and compensation for unused vacation. Vacation pay is now calculated taking into account cash payments not for three months, as it was before, but for 12 calendar months (part 4 of article 139 of the Labor Code of the Russian Federation).

Note!

When calculating the average salary of an employee, a calendar month is the period from the 1st to the 30th (31st) day of the corresponding month inclusive (in February - to the 28th (29th) day inclusive)

Since in Part 3 of Art. 139 of the Labor Code of the Russian Federation clarifies what should be understood as a calendar month, then we can say that in this case, 12 calendar months preceding the month of going on vacation are taken for calculation.

4. The change in the period for which earnings are taken for calculating vacation pay also entailed a change in the average monthly number of calendar days. Therefore, the average daily earnings needed to calculate sum of money for the vacation period, is determined by dividing by 29.4 (instead of 29.6).

5. Other periods for calculating the average wage, if this does not lead to a deterioration in the situation of employees, may be provided not only in collective agreements, but also in local regulations (for example, in regulations on wages).

Responsibility of the employer for violation of the terms of payment of wages

In Article 142 of the Labor Code of the Russian Federation, clarifications and additions touched upon that part of it, which deals with such a form of self-protection of workers as the suspension of work in case of delay in payment of wages for a period of more than 15 days.

During the four years in the implementation of this legal norm, three issues arose:
- regarding the presence of the employee at the workplace after the suspension of work in compliance with all the conditions that are named in Art. 142 of the Labor Code of the Russian Federation;
– regarding payment for the period of suspension of work;
- on the role of the employer's fault (its absence) in resolving the issue of the legality of the suspension of work.

Two of these questions were answered by the Plenum of the Supreme Court of the Russian Federation in its decision dated 17.03.04. No. 2 "On the application by the courts of the Russian Federation of the Labor Code of the Russian Federation". Paragraph 57 of the resolution stated:
- suspension of work is allowed not only in the case when the delay in wages occurred due to the fault of the employer, but also in the absence of such;
- the employee has the right not to go to work until the payment of delayed wages to him, since Art. 142 of the Labor Code of the Russian Federation does not oblige an employee who has suspended work to be present at his workplace during the period of time for which he has suspended work, and it must also be taken into account that, by virtue of Part 3 of Art. 4 of the Labor Code of the Russian Federation violation deadlines payment of wages or its payment not in full size refer to forced labor.

What was said in the resolution of the Plenum of the Supreme Court of the Russian Federation dated March 17, 2004 No. 2 and led to the addition of Art. 142 of the Labor Code of the Russian Federation, parts 3 and 4 of the Federal Law of June 30, 2006 No. 90-FZ. Now the issue of the possibility of an employee's absence from the workplace during the period of suspension of work has been unambiguously resolved. Moreover, the day is determined when the employee must return to work: he must do this no later than the next working day after receiving a written notice from the employer about his readiness to pay the delayed wages on the day the employee goes to work.

About the fault (the presence of fault or its absence) of the employer in delaying the payment of wages in Art. 142 of the Labor Code of the Russian Federation is still not mentioned. However, it should be borne in mind that this article has a direct connection with Art. 236 of the Labor Code of the Russian Federation, which provides for the liability of the employer for delayed wages.

Article 236, as amended by Law No. 90-FZ of June 30, 2006, establishes that the obligation to pay the compensation specified in it arises from the employer, regardless of his fault. This is another argument (besides the one given in the above-mentioned decision of the Plenum of the Supreme Court of the Russian Federation) in favor of the fact that in order to suspend work, an employee does not need to find out whether the employer is at fault for the delay in paying wages.

The answer to the question about payment for the period of suspension of work due to delayed payment of wages is not found either in the decision of the Plenum of the Supreme Court of the Russian Federation of March 17, 04 No. 2, or in Art. 142 of the Labor Code of the Russian Federation in its new edition. The press has repeatedly expressed the opinion that this period must be paid according to the rules established for paying for forced absenteeism. It seems that it is more logical to apply in such cases Art. 157 of the Labor Code of the Russian Federation, since the definition of downtime contained in Art. 722 of the Labor Code of the Russian Federation (temporary suspension of work for reasons of economic, technological, technical or organizational nature). In order to avoid disputes on this issue, it is advisable to stipulate the rule on payment for the period of suspension of work due to delayed payment of wages in collective agreements and agreements.

More precise in Art. 142 of the Labor Code of the Russian Federation became paragraph 6 part 2: it is not allowed to suspend work by employees whose labor duties include the performance of work directly related to ensuring the life of the population (energy supply, heating, heat supply, water supply, gas supply, communications, ambulance stations) - earlier it was not about individual workers, but about organizations in general, where there are similar works.

Expansion of the scope of local rule-making and other innovations in the legal norms of Section VI of the Labor Code of the Russian Federation

As you know, a large number of remuneration issues are resolved in agreements (industry, regional) and at the level of the organization (employer). Section VI of the Labor Code of the Russian Federation in sixteen articles refers to those issues of remuneration that should (or can) be mentioned in agreements, collective agreements, local regulations. In half of these articles, the mention of local regulations appeared only in connection with the adoption of the Law of June 30, 2006 No. 90-FZ. At the same time, in some articles, local regulations are called in combination with collective agreements, agreements, in others - only with collective agreements. There is also a third option: the article either implies the adoption of a local regulatory legal act, or directly refers to its adoption, regardless of what will be said about the relevant account in the agreement or collective agreement.

The types of regulations in which the employer can fix the decision of a particular issue of remuneration are shown in the table.

Normative acts in which the solution of questions on remuneration can be fixed

Article 154 of the Labor Code of the Russian Federation in its original version did not mention a local normative act. It was recorded that the specific amount of wage increases for each hour of work at night "is established by the employer, taking into account the opinion of the representative body of workers by the collective agreement." Such a record did not exclude the fixation established dimensions payment for night work in a local regulation (for example, in the regulation on the remuneration of employees of the organization). In practice, this was done, since for the production of additional payments it was hardly possible to stop at a verbal agreement between the employer and the representative body of workers.

At present, such a record has remained in Part 2 of Art. 136 (regarding the form of the payslip) and Art. 147 of the Labor Code of the Russian Federation, dedicated to wages in adverse working conditions.

Part 3 Art. 147 of the Labor Code of the Russian Federation reads as follows: "The specific amounts of wage increases are established 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, or by a collective agreement, an employment contract." This version of Art. 147 (part 3) of the Labor Code of the Russian Federation gives grounds to assert that the consolidation of increased wages for workers engaged in heavy work, work with harmful and (or) dangerous and other special working conditions should be made in a local regulatory act, if there is no corresponding provision in a collective agreement or in the absence of a collective agreement.

Now about some innovations that appeared in a number of articles mentioned in the table.

Article 149 of the Labor Code of the Russian Federation: if earlier it was said about additional payments to employees whose work takes place in conditions that deviate from normal, now payments are mentioned instead of additional payments. This can be explained, for example, by the fact that the increase in the wages of persons employed in hard work, work with harmful and (or) dangerous and other special working conditions is not always made with the help of additional payments - there are increased tariff rates, salaries.

Article 151 of the Labor Code of the Russian Federation clarifies that the amount of additional payments when combining professions (positions), expanding the service area, increasing the volume of work or performing the duties of a temporarily absent employee are established “taking into account the content and (or) volume of additional work”, but, as before, by agreement of the parties to the employment contract.

Article 152 of the Labor Code of the Russian Federation: the specific amounts of overtime pay (especially if the employer has the financial ability to go beyond the pay that is named in article 152) can be determined not only by collective agreements, but also by local regulations.

Average earnings

In what cases the employee owes money to the employer, the amnesty of the employee for damage caused to the enterprise, extenuating circumstances

Rules for issuing, calculating advance payments and wages, issuing wages in goods, calculating wages upon dismissal

Engaging an employee liability, the concept of team responsibility, compensation for damage by the employee

What kind of work is called remote work, the advantages and disadvantages of remote work, the features of drawing up an employment contract when working remotely

Part-time - normative base, in which cases part-time work is issued, how to draw up an employment contract for part-time / part-time work

Dismissal by own will, dismissal by agreement of the parties, how the death of an employee is registered, refusal to transfer

Reasons for dismissal from work, typical conflicts that arise between the parties to labor relations, compliance with the correct procedure for dismissing employees

Job interviews, job interviews, probation when applying for a job, medical examination when applying for a job, registration of employment

In what cases is the employer obliged to provide leave at his own expense, how leave is issued without pay, leave at his own expense at the initiative of the employer, what are the consequences and risks of leave at his own expense for the employee

How many hours can an irregular working day last, additional leave for irregular working hours, is there an additional payment for irregular working hours, overtime work and irregular working hours - differences

According to Article 424 of the Labor Code of the Russian Federation, this Code applies to legal relations that have arisen after its entry into force.

At the same time, the regulations of the USSR and the Russian Federation, issued before the entry into force of the Labor Code of the Russian Federation, in accordance with Art. 423 of the Labor Code of the Russian Federation shall apply insofar as they do not contradict this Code.

Thus, the judgment of the court that the decision to declare a strike was taken with violations, entailing, by virtue of Article 413 of the Labor Code of the Russian Federation, its recognition as illegal should be recognized as justified.

In accordance with Part 8 of Article 412 of the Labor Code of the Russian Federation, failure to provide a minimum necessary work is the basis for declaring the strike illegal.

In accordance with the requirements of Article 410 of the Labor Code of the Russian Federation, after five calendar days of work of the conciliation commission, an hour-long warning strike can be declared once, about which the employer must be warned in writing no later than three working days in advance.

By virtue of Part 2 of Article 409 of the Labor Code of the Russian Federation, a strike as a means of resolving a collective labor dispute is allowed in cases where conciliation procedures have not led to the resolution of a collective labor dispute or the employer evades conciliation procedures, does not comply with the agreement reached in the course of resolving a collective labor dispute.

As can be seen from the case file, the parties did not reach an agreement on the candidacy of the mediator and, by virtue of part 3 of article 406 of the Labor Code of the Russian Federation, they needed to start creating a labor arbitration, which in this case was a mandatory procedure, since the strike was declared in the organization in which it was held limited by law.

When a strike is declared, the provisions of Art. Art. 401 - 404 of the Labor Code of the Russian Federation, conciliation procedures were not observed by the employees of the OJSC, a list of the minimum necessary work performed during the strike by the employees of the organization was not established.

On June 6, 2011, a meeting of the conciliation commission was held, as a result of which, on June 7, 2011, the parties signed a protocol of disagreements on the continuation of consideration of a collective labor dispute with the participation of a mediator, in accordance with the provisions of Article 403 of the Labor Code of the Russian Federation.

In particular, in accordance with Art. 402 of the Labor Code of the Russian Federation, the decision to create a conciliation commission must be formalized by order of the employer - RAO.

Organization of wages at the enterprise

The organization of remuneration at the enterprise is a series of measures aimed at remuneration of employees in direct accordance with the quality and quantity of work performed.

When organizing at the enterprise a system in accordance with which the work of employees will be paid, it is necessary to take into account the need to use:

• tariff regulation of wages (tariff wage system);
• development of the form and system by which the work of the employee will be paid;
• determination of the system for the formation of official salaries;
• the need for a bonus;
• the validity of the indicators used in the bonus system.

The basis of labor rationing is the balance of labor costs that are necessary for the production of any unit of goods or services under certain technical conditions. The main task in the rationing of labor is to develop and implement progressive standards at the enterprise.

The organization of wages is associated with the solution of a dual problem:

• give each worker a guarantee that his work will be paid in relation to the results of his work and in accordance with the cost of manpower in the labor market;
• provide the employer with a profit during production process and offset costs.

Forms and systems of remuneration

Forms and systems of remuneration are established in chapters 20, 21 of the Labor Code.

Article 131 of the Labor Code provides for the possibility of paying wages in two forms:

The monetary form is the main one, since it is money that is the universal equivalent. The natural form can only be used partially (no more than 20%) and must be provided for by the collective agreement; it cannot be established by internal local acts (orders). In addition, a written statement of the employee is required, indicating his consent to receive part of the salary in kind. Payment of wages in alcoholic beverages, as well as goods whose circulation is limited by law, is unacceptable (Article 129 of the Civil Code).

Depending on the economic indicators measurement of wages distinguish between time, piecework and chord.

• piecework wages depend on the quantitative and qualitative indicators of labor;
• time-based - from the time spent and the qualifications of the employee;
• the piecework wage system is established not for a specific production operation, but for the entire volume (cycle) of work, i.e. payment is made for the performance of a chord task.

Currently, there is a tendency to improve the system of remuneration and incentives for employees, which is used in the practice of firms in combination with additional payments and bonuses for the employee's personal contribution, which leads to an increase in the company's income.

As additional forms of remuneration, contract and commission forms can be noted.

• contract involves payment for work specified in the terms of the contract;
• commission payment is based on the commission agreement, which regulates the relationship between the commission agent and the committent.

The Constitution of the Russian Federation guarantees the right to work of citizens. Every worker has every right to hope for good mark their work and receive money as a reward for it.

The organization is interested in the fact that the payment for work is understandable and fair, and also motivates workers for excellent performance official duties . The salary structure includes several parts, which we will analyze in detail in this article.

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Structure according to the Labor Code of the Russian Federation

There have been some changes in the legislation (No. 90-FZ), in particular in Article 129 of the Labor Code Russian Federation, and wages are currently synonymous with.

Salary (employee's payment) is a remuneration for work, which depends on its qualification, quality and complexity.

Compensation accruals are also included in the concept of wages, including those for working in difficult conditions, as well as payments that motivate work (additional payments and bonuses).

This structure consists of the following parts (see diagram):

1. base (main) part;
2. compensation payments;
3. incentive payments.

Basic part determined from the main system of payment for work.

Its size cannot be less than the minimum wage.

The base part is salary base and its size is not affected by the number of sales, income received and other nuances. The base salary is determined for the period of time worked on the fact, or for the results of the work performed according to official salaries.

When a manager displays the base part of the salary, he should keep the following data in mind:

• the salary of an employee can be determined based on his qualifications, the amount of work and the complexity of production tasks;
• any discrimination should not be allowed during the determination of the conditions of payment for work;
• payment must be in line with the work performed.

Payouts compensatory, as well as stimulants are variable share of salary, and it, in turn, depends on the conditions and guarantees of accruals for labor from a particular manager. These payments do not depend on the remuneration for the time worked on the fact, or the tasks actually completed.

Compensatory payments are characterized by the method of local regulation. To the greatest extent, this applies to motivational payments, when the basic rules are established by law. The legislation defines a list of compensation payments, and the head must pay them:

• for performing tasks under certain circumstances (work in difficult conditions, with harmful substances, in areas with a specific climate);
• for performing work in areas where radioactive contamination has occurred;
• for work under circumstances that are not considered normal (performance of additional tasks due to the absence of another worker, work at night, or, as well as work on holidays and weekends).

The amount of compensation payments is assigned, on the basis of agreements and collective. The amount of these payments cannot be less than established by law. Along with this, the legislation defines a higher payment for work to those citizens who work on a rotational basis or in the Far North.


Based on this, main task compensation payments are considered reimbursement of excessive labor costs employee, which depend on the work schedule and conditions for completing tasks. Compensation payments are made as an addition to official salaries and tariff rates.

stimulating payments are considered to be a variable component of the salary, and it depends on the main income, on the specific result of the employee’s work, and so on.

Incentive payments, as well as the bonus part, are not subject to regulation by the law.

Making these payments is manager's right. It should be noted that if motivating payments are assumed by the remuneration regime, then the manager must implement them, and the employee may demand them if he fulfills the work plan.

It can be concluded that incentive payments fall under the description of financial payments for the performance of specific labor tasks.

Motivational payments are needed so that employees have incentive to achieve those results for whom the basic salary is not enough, as well as encouraging the desire of workers to improve their skills and minimize staff turnover.

Incentive payments are assigned in the following cases:

• for professionalism;
• excellent qualifications;
• years of work at the enterprise;
• knowledge of foreign languages.

It should be noted that in order to motivate employees to work at enterprises, there is bonus system. Bonuses are paid as a reward for the quality performance of an employee's work. Premium system is divided into two parts:

1. Compensation that is included in the payment for work.

The employee is entitled to this remuneration, which means that the manager must make this payment if the employee fulfills specific plans for which bonuses are due. Under other circumstances, the employee cannot ask for a bonus.

2. Incentives that are not spelled out in the pay plan.

Such payments are made at a time at the request of the head. Incentives are not paid every month, but are carried out with specific achievements of the employee. Under this circumstance, the manager is not obliged to make such payments, but they can be made at his request.

What is the average monthly salary?

It happens from time to time that in order to provide an employee with information or make payments that comply with the law, the manager goes to tricks. Most often, it is accounting for only one salary, and additional payments are left out. Of course, such actions do not occur in accordance with the law.

Vacation pay is part of the salary or not?

The calculation of the average salary of a worker includes all the accruals that the manager makes to him. Also, these charges should be taken into account in the list of taxes on the UST, which are transferred to the Social Insurance Fund of the Russian Federation.

According to the Decree of the Government of the Russian Federation (No. 375), vacation pay is not included in the definition of average earnings.

When calculating average earnings, they also do not take into account:

• the number of vacation days;
• business trip period;
• period of disability;
• maternity leave.

Watch the video about the employee's income structure: