An employment contract is a necessary document that confirms that there is a relationship between the employee and the employer that is regulated by labor law.

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Regardless of the form of remuneration, such an agreement must be concluded with each employee.

General information and types

In Art. 56 of the Labor Code of the Russian Federation states that an employment contract is a document regulating the relationship between an employer and an employee.

It specifies all the rights and obligations of the parties in relation to each other.

The employer must pay the employee wages for work. There are several forms of it, which are used depending on the specifics of the employer’s activities.

Piecework wages are a form in which the amount of earnings of an employee depends on the number of units of product he produced or on the amount of work he performed.

It is advisable to use this form of remuneration in the following cases when there are:

• the need to increase production volumes;
• the need for additional motivation of employees;
• the ability to increase the volume of output without compromising product quality;
• there is a need to accurately determine the volume of products produced;
• the workflow completely eliminates downtime due to lack of materials or components;
• technical component of the work process.

When introducing piecework wages, there are some pitfalls:

• work “for volume” and not for quality - there is a risk that the quality of the product will be reduced;
• violation of safety regulations;
• disruption of the technological process;
• Exceeding the norms for the consumption of raw materials and supplies.

There are several types of piecework payment:

• direct piecework;
• piecework – bonus;
• piecework or time-based - piecework;
• piecework – progressive.

The most commonly used are piecework - bonus and time-piecework:

• Time-based piecework- this is a type of remuneration in which an employee receives money for performing certain work (or its stages) for a certain period of time. If he does not fit in at this time, then payment will be at reduced rates. Payment is made according to the work order, which indicates the required amount of work and the time within which this amount must be completed. Final payment to employees occurs only after completion and acceptance of all work.
• Piece-bonus- with this form, the employee receives a salary for the work performed (or the amount of work), and if he performs above the plan, then also a bonus.

In the piecework-bonus form, a bonus system can also be used.

In this case, the criteria for paying bonuses may be:

• absence of marriage;
• savings;
• plan overfulfilment;
• other.

Example:

Ivanov I.I. I made 200 parts in a month, costing 30 rubles each. At the same time, he did not make a single defective part. The wage regulations state that this is subject to a bonus of 50% of monthly output.

Basic salary for the month: 200 * 3 = 6,000 rubles.

The premium amount will be: 6,000 * 50% = 3,000 rubles

Total earnings of I.I. Ivanov for the month will be: 3,000 + 6,000 = 9,000 rubles.

Normative base

All provisions concerning the rules for drawing up an employment contract are specified in Chapter 11 of the Labor Code of the Russian Federation.

The forms of remuneration are discussed in Art. 131 and 132 of the Labor Code of the Russian Federation.

How to properly draw up an employment contract with piecework wages?

Remuneration is an essential condition of an employment contract, that is, if the contract does not indicate the amount of wages and the form in which it is calculated, the document will be considered invalid.

The contract must indicate specific numbers, and not refer to the staffing table.

This is a gross violation of the rules for drawing up an employment contract, which are specified in the Labor Code of the Russian Federation.

For such a violation, the employer will be fined under Art. 5. 27 Code of Administrative Offenses of the Russian Federation.

According to Part 2 of Art. 57 of the Labor Code of the Russian Federation, terms of remuneration, including tariff rates or official salary, must be included in the employment contract.

Document form

In Art. 67 of the Labor Code of the Russian Federation states that an employment contract is concluded exclusively in writing.

An employee can begin to perform his job duties without signing this document if the employer has actually allowed him to work. In this case, the employer himself must, within 3 working days after the employee’s admission, prepare a document and sign it with the other party.

If it is necessary for the employment contract to be agreed upon with other officials, then this must be done.

It does not need to be notarized.

How to compose it correctly?

The employment contract must indicate that the employee is hired “on a piece-rate basis.”

It is necessary to indicate prices per unit of production or per volume completed.

You cannot make reference to the staffing table or the Regulations on remuneration.

The employer has the right to change these 2 local documents on his own. Consequently, he can unilaterally change the terms of the employment contract. And this is unacceptable!

Also, the contract should not contain any contradictions between the terms of remuneration reflected in it and the Regulations on remuneration adopted by the enterprise.

For example, the contract must indicate that “For 1 unit of product produced by an employee without defects, he will receive 5 rubles.” It is also necessary to reflect the conditions under which the marriage will be paid.

In Art. 157 of the Labor Code of the Russian Federation states that defective products can:

• on a par with suitable products, if the defect is not the fault of the employee;
• not paid at all if the marriage is the fault of the employee;
• partial payment if the defect is the fault of the employee, the amount of payment depends on the degree of suitability of the product.

Therefore, the contract can be reflected as follows: “The employee is paid 5 rubles for 1 unit of product made without defects. For a defect that occurred through no fault of the employee, 3 rubles per 1 unit. Products that are defective due to the fault of the employee are not paid for.”

Sample of a standard contract

In an employment contract with piecework wages, in the “Payment” section, you must indicate:

• type of piecework wages that are established at the enterprise;
• what does the wage depend on (on the unit of production or on the volume of work);
• cost per unit of product or volume of work;
• the presence or absence of bonuses for exceeding the plan;
• bonus criteria;
• It is imperative to indicate specific numbers, and not make reference to the staffing table or the Regulations on remuneration;
• according to Art. 136 of the Labor Code of the Russian Federation, wages must be paid 2 times a month.

In addition to remuneration, the contract should contain the following sections:

• Heading of the contract – date and place of conclusion, data of both parties; In order not to overload this part, details can be indicated at the very end of the contract.
• General provisions or subject of the contract - here it is necessary to indicate the date when the employee begins to perform his duties. It may not coincide with the date of signing the contract, but the difference cannot be more than 3 days.
• The rights and obligations of each party in relation to each other.
• The employee's working time and his rest time.
• Regulations on compulsory social insurance.
• If the contract is fixed-term, then its validity period. If

[Full name of the employer], represented by [position name, full name], acting on the basis of the [Charter, Regulations, Power of Attorney], hereinafter referred to as the "Employer", on the one hand, and

[F. Acting employee], and together referred to as the “Parties”, have entered into this agreement as follows:

1. The Subject of the Agreement

1.2. The employment contract was concluded for a period of [fill in what is required]. A fixed-term employment contract was concluded by agreement of the Parties by virtue of Article 59 of the Labor Code of the Russian Federation.

1.3. The employee must begin work on [day, month, year].

1.4. The probationary period for employment is [period].

1.5. Working for the Employer is the Employee’s [main or part-time] place of work.

2. Rights and Obligations of the parties

2.1. The employee has the right to:

Providing him with work stipulated by this agreement;

Payment of wages in the amount and in the manner provided for in this agreement;

Complete reliable information about working conditions and labor protection requirements;

Provide the Employee with equipment, tools, technical documentation and other means necessary to perform his job duties;

Pay the full amount of wages due to the Employee within the time limits established by this agreement;

Introduce the Employee, against signature, to the adopted local regulations directly related to his work activity;

Provide for the Employee’s everyday needs related to the performance of his job duties;

Carry out compulsory social insurance of the Employee in the manner established by federal laws;

Compensate for harm caused to the Employee in connection with the performance of his job duties, as well as compensate for moral damage in the manner and under the conditions established by the current legislation of the Russian Federation.

2.5. The parties have other rights and perform other obligations provided for by current labor legislation.

3. Working time and rest time

3.1. The employee is assigned a [number of days]-day working week.

Work start time - [enter required] hour, end time - [enter required] hour, break - [enter required] hour.

Weekends - [fill in as required].

3.2. An employee may have an irregular working day.

3.3. The employee agrees to be involved in work at night, on weekends and non-working holidays in the manner prescribed by the collective agreement and local regulations.

3.4. The employee is provided with:

Annual basic paid leave of 28 calendar days;

Annual additional paid leave of [number of days].

3.5. An employee may be granted leave without pay in accordance with current labor legislation.

4. Terms of payment

4.1. A piece-rate wage system is established for the Employee. Under the piecework wage system, the employee is paid for the amount of products (work, services) that he produced.

[With simple piecework wages, wages are calculated based on the piecework rates established in the organization and the quantity of products (work, services) produced by the employee.

With piece-rate wages, the employee receives bonuses in addition to wages. Bonuses can be set either in fixed amounts or as a percentage of wages at piece rates.

With a piece-rate progressive wage system, piece rates depend on the quantity of products produced for a given period of time (for example, a month). The more products a worker produces, the higher the piece rate.

With an indirect piecework wage system, the wages of workers in service industries are set as a percentage of the total earnings of workers in the production they serve.]

4.2. Wages are paid to the Employee twice a month in the manner and within the time limits established by the internal labor regulations and the collective agreement.

4.3. When performing work outside the normal working hours, at night, on weekends and non-working holidays, when combining professions (positions), when performing the duties of a temporarily absent employee, the Employee is paid appropriate additional payments in the manner and amount established by the collective agreement and local regulations.

4.4. During the period of validity of this employment contract, the Employee is subject to all guarantees and compensations provided for by the current labor legislation of the Russian Federation.

5. Responsibility of the Parties

5.1. In case of failure or improper performance by the Employee of his duties specified in this employment contract, violation of the labor legislation of the Russian Federation, as well as causing material damage to the Employer, he bears disciplinary, financial and other liability in accordance with the current legislation of the Russian Federation.

5.2. The Employer bears financial and other liability to the Employee in accordance with the current legislation of the Russian Federation.

6. Final provisions

6.1. Disputes between the Parties arising during the execution of this employment contract are considered in the manner established by the Labor Code of the Russian Federation and other federal laws.

6.2. In all other respects that are not provided for in this employment contract, the Parties are guided by the legislation of the Russian Federation governing labor relations.

6.3. The employment contract is concluded in writing, drawn up in two copies, each of which has equal legal force. All changes and additions to this employment contract are formalized by a bilateral written agreement.

6.4. This employment contract may be terminated on the grounds provided for by current labor legislation.

7. Details and signatures of the Parties

Employer: [full name]

Taxpayer Identification Number [number]

[Position name of the person who signed the agreement, signature, full name]

Employee: [F. AND ABOUT.]

passport: [series, number, date of issue, who issued it, department code]

registered at: [place of residence]

I have received a copy of the employment contract [employee signature]

“Piecework” is a form of payment to an employee when the amount of his remuneration depends on the amount of products he produces, the amount of work he performed, or the time he worked. Let's consider how to correctly draw up an agreement with an employee whose salary directly depends on the efficiency and speed of his actions.

When is the piecework remuneration system used?

A similar system is applicable in cases where the volume of work performed can be measured, for example, in the number of hours or in units of production. Even with this method of mutual settlements with employees, it is necessary to draw up an employment contract with each of them - piecework payment does not imply that the employee works without official registration.

It is advisable to use this form of settlements with personnel in the following cases:

• the need to establish additional motivation for employees;
• the need to increase production volume without compromising the quality of the goods produced;
• the need to accurately determine the quantity of products produced.

When setting wages based on results, it is important to ensure that there is no downtime in production due to the fault of the employer.

A sample employment contract with piecework wages is being developed for enterprises with temporary or seasonal work, for the provision of personal services. Hourly payment for consulting services is a type of such mutual settlements.

Sample piecework wages in an employment contract

Mandatory indication in the agreement with the employee of the payment procedure, including additional payments and incentive payments, is established Article 57 of the Labor Code of the Russian Federation. Therefore, when registering such labor relations, the method of calculating remuneration should be described.

The piecework worker's salary may include compensation payments for deviations from normal conditions. For example, additional payment for work on a weekend or holiday or for overtime work. It is important that piecework employees are paid additional remuneration for non-working holidays on which they were not involved in production (meaning, for example, the New Year holidays when the standard working hours are less than usual) (salary employees are not entitled to such incentives). This rule is established in Art. 112 Labor Code of the Russian Federation. The employer sets the amount of such payment independently - the law does not contain any restrictions on the amount.

With a simple “piece-work” wage is calculated based on the prices established in the organization and the number of commodity units produced.

The number of commodity units that the employee managed to produce during the paid period is determined on the basis of primary accounting documents - acceptance certificates, statements, etc. An organization can develop the forms of such documents independently, in compliance with all requirements for primary documentation.

The payment procedure is specified in the contract as follows:

“The employee is paid an hourly wage. The cost is XXX rubles for one hour of work.”

Or, if prices are set per unit of production, then the wording may be as follows:

“The employee is paid piecework. The cost is XXX rubles per unit of product.”

The amount of remuneration can also be specified in the annex to the agreement between the employer and employee. In this case, the conditions in the contract are formulated as follows:

“The employee’s remuneration is determined in accordance with the List of prices for the work performed, given in Appendix No. 1 to the contract, which is an integral part of it.”

Any type of remuneration is considered as a settlement between the employer and the employee for the scope of actions provided for in the employment contract, on the basis of Article 135 of the Labor Code of the Russian Federation.

If we are talking about the piece-rate nature of payment, then we mean an assessment of the quantity of manufactured products provided for at a given enterprise or organization. The calculation base is summarized from the following indicators:

1. established units of a product of production, multiplied by their number produced by an individual or team.
2. Or the amount of work required by the production process, taking into account their qualifications, complexity and other parameters involved in the calculations.

It is beneficial to pay piecework and assign it as an employee’s motivation for effective management of working time. In this case, he is financially interested in issuing the maximum volume of products during the working day.

IMPORTANT: When paying piecework, one should also take into account the deterioration of working conditions in the form of harmfulness, shifts and other things that require additional compensation.

The advantages of piecework payment include:

The disadvantages of this form of calculation include, first of all, the employee’s pursuit of quantity, which may affect the quality of the original product.

These precedents require additional quality control. Also, a conditional minus can be considered the applicability of these forms of calculation not in all areas of activity, but only with clearly established units of calculation.

What varieties are there?

Based on the characteristics of production, as well as the priorities of the employer, this form of calculation is divided into varieties, including:

• direct piecework;
• piecework-bonus;
• piecework-progressive;
• indirect piecework.

Direct piecework payment

When registering direct piecework payment, the standardized cost of services or other units of measurement of output corresponding to the norms of Article 150 of the Labor Code of the Russian Federation, previously established by a local document, is taken into account.

Labor Code of the Russian Federation, Article 150. Remuneration for work of various qualifications

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

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

In cases where, taking into account the nature of production, workers with piecework wages are entrusted with performing work that is charged below the grades assigned to them, the employer is obliged to pay them the difference between grades.

The employer takes into account the time required to produce one unit of output or service provided. On this basis, the ability of a person working in production to develop one or another standard is calculated. These average statistical indicators are included in the tariff, based on the amount of which accruals are made.

That is, the average indicator obtained as a result of this calculation is determined by the base unit, which, when calculating earnings, is multiplied by the amount of production volume produced (summing up units of production).

REFERENCE: Average production rates are included in the calculator for the cost of a unit of labor submitted for accrual.

Piece-bonus

With piecework-bonus payment, an additional payment is added to production standards for certain conditions stipulated by the employment contract. These may include:

• product quality;
• volume of production;
• complexity of execution;
• other conditions at the discretion of the employer.

Bonuses are set in a fixed amount, indicating the reason and basis for their accrual.

Piece-progressive

Piece-progressive payment is made according to a similar scheme. But here a specific accrual mechanism is established, based on an increase in payment per unit of product (service), in proportion to the increase in output. That is, the greater the amount of work the employee performs, the higher the tariff rate is used to calculate earnings.

For example, the minimum production plan is a set cost. Average volumes exceeding the established minimum are paid at higher rates. Exceeding the plan involves an additional increase in tariffs.

This type of salary calculation is aimed primarily at stimulating the quantity of output. Quality requirements are established additionally. This approach is appropriate for use when simple-to-perform types of work are performed.

REFERENCE: It is also possible to use the piecework-regressive accrual method, when failure to produce the established norm is calculated at a reduced tariff.

Indirect piecework

Indirect piecework payment is used when the final result of production depends on another category of workers. That is, specialists play a significant, but not the main role in obtaining a specific result.

For example, equipment adjusters accompany the functioning of the team’s production process. The uninterrupted work of the team, which does not allow downtime, depends on their activities. Accordingly, the adjusters are paid based on the crew’s production standards.

In this case, the following subtypes of earnings are allowed:

1. time-based– depending on the established tariff for the work shift.
2. Time-based bonus, allowing an increase in bonus payments to the established time tariff.

This type of payment is relevant when the employee’s activities depend on the activities of the team, because through his efforts only collective activities are built, and he does not have an independent orientation towards production standards.

How to correctly record piecework wages in a contract? Sample document

Other sections in the employment contract

In addition to payment provisions, the employment contract contains a number of other sections. Among them:

• introductory part (header);
• subject of the contract;
• rights of the parties;
• responsibility of counterparties to comply with established provisions;
• working time and rest time;
• conditions and nature of work;
• availability of a social package;
• reasons and conditions for termination of the contract.

The main provisions, including the fact that a person has been hired for one reason or another, are indicated in the subject of the agreement.

ATTENTION: If there are certain working conditions that require compensation, they are also indicated in the wage regulations.

Employer's liability if the agreement does not specify wages

The absence of provisions on remuneration is a significant violation, for which fines and other sanctions may be imposed, provided for when checking regulatory documentation by the State Labor Inspectorate. For such a violation, the operation of a commercial enterprise may be suspended.

If the issue of a violation is raised before the prosecutor’s office, then, on the basis of a prosecutor’s inspection, administrative liability may be imposed under Article 5.27 of the Code of Administrative Offenses of the Russian Federation. In this case, liability can entail serious legal consequences and be accompanied by large fines.

Conclusion

Information about the form and conditions of payment must be included in the provisions of the employment contract. If it is piecework in nature, it is necessary to take into account and introduce all the specific nuances.

Additional payments, allowances and incentive payments may be directly indicated in the employment contract, or it may make reference to the relevant local regulation or collective agreement, agreement, which provides the grounds and conditions for their payment. An employment contract does not have to indicate a specific date for payment of wages; it is enough to make a reference to internal labor regulations or a collective agreement.

Rationale: Wages (wages) are remuneration for work depending on the qualifications of the employee, complexity, quantity, quality and conditions of the work performed, as well as compensation payments and incentive payments (Article 129 of the Labor Code of the Russian Federation).

Remuneration systems, including tariff rates, salaries (official salaries), additional payments and compensatory allowances, systems of additional payments and incentive allowances and bonus systems, are established by collective agreements, agreements, and local regulations.

The employee’s salary is established by the employment contract in accordance with the current employer’s remuneration systems (Article 135 of the Labor Code of the Russian Federation). Therefore, the terms of remuneration must be included in the employment contract. In this case, it is necessary to indicate the size of the tariff rate or salary (official salary) of the employee, additional payments, allowances and incentive payments (paragraph 5, part 2, article 57 of the Labor Code of the Russian Federation).

However, the legislation of the Russian Federation does not contain clearer requirements on how to indicate the terms of remuneration in an employment contract.

The remuneration system in the employment contract

In an employment contract with an employee, it is not necessary to describe in detail the remuneration system established for him or the organization as a whole, as well as specific prices. It is enough to indicate the type of remuneration system (time-based, piece-rate, piece-rate, etc.) and make a reference to the adopted local regulatory act, for example, the regulation on remuneration.

Free legal advice:

“The employee’s wages, in accordance with the employer’s wage system, consist of the official salary” or “A piece-rate wage system is established for the employee. The wages are calculated based on the piece-rate rates established in the wage regulations and the amount of work performed by the employee.”

Salary and tariff rate in the employment contract

The tariff rate or salary (official salary) is a fixed amount of remuneration for an employee without taking into account compensation, incentives and social payments (Article 129 of the Labor Code of the Russian Federation).

The size of the tariff rate or salary must be specified in the employment contract with each employee. In this case, the specific size of the tariff rate or official salary is indicated, and not the range of the amount from the minimum to the maximum amount (Letters of Rostrud dated 03/19/2012 N, dated 03/22/2012 N).

In the employment contract, wages should be indicated in rubles. Indicating it in foreign currency or in conventional units may lead to disagreements with regulatory authorities (Letter of Rostrud dated November 20, 2015 N).

Free legal advice:

The wording of the employment contract in this part may be as follows:

“The employee is set a salary in the amount of (fifty-seven thousand) rubles per month” or “For the performance of official duties stipulated by the terms of this employment contract, the employee is set a tariff rate (salary) of (fifty-seven thousand) rubles per month.”

Information about the amount of personal income tax withheld from the employee’s salary is not required to be indicated in the employment contract.

Additional payments, allowances and incentive payments in the employment contract

Additional payments and allowances of a compensatory nature (for performing work with harmful and (or) dangerous working conditions, for work in areas with special climatic conditions, for work at night, for overtime work, other payments) are considered compensation payments, and additional payments and allowances of an incentive nature, bonuses and other incentive payments (remunerations based on the results of work for the year, for length of service, other payments) are considered incentive payments.

Free legal advice:

Labor legislation does not require specific amounts of additional payments, allowances and incentive payments to be indicated in the employment contract. However, it is necessary (if available) to indicate at least general information about all additional payments and allowances of a compensatory nature and incentive payments in accordance with the current employer’s remuneration systems (paragraph 5, part 2, article 57 of the Labor Code of the Russian Federation).

Thus, additional payments, allowances and incentive payments can be directly indicated in the employment contract, or it can make reference to the relevant local regulation, collective agreement, agreement, which provides the grounds and conditions for their payment. In the latter case, the employee must be familiar with their contents against signature (Part 3 of Article 68 of the Labor Code of the Russian Federation, Letters of Rostrud N N,).

The wording of the employment contract in this part may be as follows:

“The employee may be paid a bonus in the amount of up to 100% of the salary, subject to the conditions and procedures established by the bonus regulations (reference to the regulation)” or

“The employer establishes additional payments, allowances and incentive payments. The amounts and conditions of such additional payments, allowances and incentive payments are determined in the regulation on bonuses for the employee (reference to the provision), with which the employee is familiarized with signature when signing the employment contract” or “The employee may be paid additional payments, allowances, bonuses for high qualifications and personal contribution to the employer’s performance, length of service, additional payments for an increased volume of work, high quality in accordance with the regulations on remuneration (reference to the regulations), which the employee must be familiar with upon signature.”

Free legal advice:

Indication of the form, procedure and place of payment of wages in the employment contract

As a general rule, wages are paid in cash in the currency of the Russian Federation (in rubles).

However, an employment or collective agreement may establish that, upon a written application from an employee, partial remuneration (no more than 20% of the accrued monthly salary) is made in non-monetary form (Article 131 of the Labor Code of the Russian Federation, paragraph 54 of the Resolution of the Plenum of the Supreme Court of the Russian Federation dated March 17 .2004 N 2 “On the application by the courts of the Russian Federation of the Labor Code of the Russian Federation”).

The employment or collective agreement must determine how wages are paid:

In cash at the place where the work is performed;

Free legal advice:

By bank transfer by transferring funds to the credit institution specified in the employee’s application;

In non-monetary (in particular, in kind) form at the place of work or other place (Articles 131, 136 of the Labor Code of the Russian Federation).

If the collective or labor agreement does not specify the procedure for remuneration in kind, then appropriate changes can be made to the labor or collective agreement. The terms of an employment contract can only be changed by agreement of the parties by signing an additional agreement (Article 72 of the Labor Code of the Russian Federation). The terms of a collective agreement can be changed in the manner established by the Labor Code of the Russian Federation for its conclusion, or in the manner provided for by the collective agreement (Article 44 of the Labor Code of the Russian Federation).

If the form, procedure and place of payment of wages are determined by a collective agreement, then in the employment contract with the employee it is enough to make a reference to it.

The wording of the employment contract in this part may be as follows:

Free legal advice:

“Wages are paid to the employee at the place where he performs the work by issuing cash at the employer’s cash desk or by transferring to the employee’s bank account” or

“Payment of wages is made in the currency of the Russian Federation in non-cash form by transferring it to the employee’s bank account specified by him in the application” or

"10% of the accrued monthly salary is given to the employee in kind in the form of employer products - clothing. Payment of wages in non-monetary form is carried out at the place of work on the 10th day of the month following the billing month. The replacement of wages in kind with cash is carried out by the employer on the basis of a written application from the employee without a warning time limit.”

Indication of the date of payment of wages in the employment contract

The date of payment of wages may be established by internal labor regulations, a collective agreement or an employment contract. Thus, it is not necessary to indicate a specific date for payment of wages in the employment contract; it will be enough to make a reference to the document by which it was established by the employer (Article 136 of the Labor Code of the Russian Federation).

Free legal advice:

When determining the days of payment of wages, it should be taken into account that wages are paid at least every half month, and the specific date for payment of wages is set no later than 15 calendar days from the end of the period for which it was accrued.

The wording of the employment contract in this part may be as follows:

“Wages are paid to the employee at least every half month (on the 20th day of the current month - for the first half of the month and on the 5th day of the month following the worked month - the final payment for the month worked). If the payment day coincides with a day off or a non-working holiday in the afternoon, wages are paid on the eve of this day; payment for vacation is made no later than three days before its start" or

“Salaries are paid twice a month (every half month) on the following days: the 20th of the current month and the 5th of the month following the billing month.”

Consulting and analytical center for accounting and taxation

Hourly form of remuneration

Depending on many factors, in particular, on the method of recording the employment of employees, the payment of wages at an enterprise can be organized in different ways. Along with piecework, time-based payment is one of the most common types of wages. Let’s look at cases when it is more profitable to introduce the hourly version, clarify the nuances of labor legislation related to the “hourly rate”, teach how to make calculations using a specific example and show how this issue is reflected in the employment agreement with the employee.

The salary is as accurate as a clock

Recording of working hours is mandatory, no matter how the payment of remuneration for labor is organized. But in some systems it is precisely this that is the determining factor that affects the amount of money earned and the features of their accrual.

Hourly pay is the relationship between the remuneration due to the employee and the time that he actually worked, calculated in hours.

In practice, it is not difficult to introduce it, since the employer is already obliged to take into account the working time of its employees (Part 4 of Article 91 of the Labor Code of the Russian Federation).

Free legal advice:

IMPORTANT! With a salary or tariff system, time tracking is also important, but there the calculation period is a month. In an hourly system, tariffs (salaries) are set for each hour of work.

Features of hourly payment

Since the hourly wage system is a special case of the time-based one, it is possible to determine when it is more appropriate to use it from the same positions. If it is difficult to standardize work in adequate units, how can it be assessed from a financial perspective? For example, you can calculate the number of products made in an hour, but you cannot standardize the work of, for example, a lawyer or a teacher in the same way.

Types of "hourly"

Depending on the influence of various production factors, different forms of hourly remuneration may be applied.

1. Regular hourly rate. 1 hour of work has an unchangeable price, which is not affected by the result issued by the employee (“time is money”). This type of remuneration is used when the quality of work is not as important as the time actually spent at the workplace, for example, the position of duty officer, security guard, operator, administrator, etc.
2. Premium hourly pay. The bonus is assigned for indicators additional to the time worked, such as volume of work, declared quality, etc. The amount of the bonus must be agreed upon in advance and is added to the established hourly rate.
3. Standardized hourly rate. In addition to the rate per hour of work established by the tariff or salary, additional payment is guaranteed for strict compliance with the conditions set by the employer. It is advisable to use such a system when exceeding production standards is undesirable.

Hourly payment according to the Labor Code of the Russian Federation

When accepting an hourly wage system, an entrepreneur must be guided by the relevant articles of Russian labor legislation:

• Art. 91 speaks of the need to take into account the actual time worked by each employee assigned to the employer;
• Art. 57 of the Labor Code of the Russian Federation obliges to include a condition on hourly payment in an employment contract, since the remuneration system is its essential condition;
• part 3 art. 133 of the Labor Code of the Russian Federation talks about temporary standards and the corresponding payment - the maximum working week is 40 hours and the fulfillment of the hourly standard according to the production calendar during the month must guarantee hourly employees a salary not lower than the minimum level established by the state (minimum wage);
• the current relevant article of the Federal Law on the establishment of the minimum wage in Russia.

Who benefits from hourly work and when?

Advantages for the employer

• a working hour is always the same period of time, and the working day can change its duration, so it is more convenient to operate with a clock;
• rates per hour of employment will help more accurately regulate the amount of payment due in cases where the employee was absent for a certain time;
• it is more convenient to calculate remuneration for part-time part-time workers, as well as those for whom a flexible work schedule is applied;
• financial savings, since only time spent working is paid;
• an additional incentive for employees to use their working time effectively.

Employer risks:

• a more complicated calculation system (with strict accounting of the working time of all personnel);
• reduced efficiency of this system without bonuses;
• We need an additional position - a controller and a time keeper.

Which employees are suitable for:

• how much you worked, that’s what you got for it, this is very convenient with a flexible schedule, part-time work or part-time position;
• ideal for workers whose working day cannot be precisely regulated, for example, teachers (one day he can be busy for 6 hours, another – 4);
• a good payment option for uneven loads.

Possible disadvantages for employees:

• the employer can sometimes set a fairly large amount of work required to be completed per hour, and failure to achieve the standard, although it guarantees payment of the hourly rate (salary), makes it impossible to receive a bonus.

Hourly wage calculation

To calculate the amount due to an hourly employee, you need to multiply the hourly tariff rate (salary) by the time actually worked and recorded (in hours).

For example, a teacher at a center for the study of foreign languages ​​receives 300 rubles for 1 hour of work with a child. He does not have a clear work schedule: today there may be two classes with children, the next day - three, and so on. In January 2017, the tutor worked for 75 hours. For January he is entitled to 300 x 75 = rub.

Free legal advice:

ATTENTION! Whatever the cost of the hourly rate is chosen, if within a month the employee has worked the norm according to the production calendar, he cannot receive less than the minimum wage guarantees - today, rubles.

Hourly wage and employment contract

The Labor Code of the Russian Federation speaks of the mandatory inclusion of the terms of hourly wages in the employment contract concluded with an employee, or an additional agreement to it. If employees are transferred to an “hourly” position from another salary system, they must learn about the upcoming changes at least 2 months in advance: the changes must not only be included in the employment contract, but also be enshrined in the relevant orders and local acts of the company. It is necessary to indicate:

• hourly rate (salary);
• the procedure for calculating earnings;
• terms of bonuses and deductions;
• payment procedure for hours on holidays, weekends and nights;
• specific days of salary issuance (at least 2 per month);
• additional conditions, if provided: probationary period, social guarantees, etc.

Example of an employment contract including an hourly wage clause

Attention! The contract below elaborates those points that relate to hourly wages. The remaining clauses can be inserted from the regular employment contract at your discretion.

Employment contract with a teacher

Limited Liability Company "Smart Children" (abbreviated name LLC "Smart Children"), hereinafter referred to as the "Employer", represented by General Director Alexey Stepanovich Razumentsev, acting on the basis of the Charter, on the one hand, and citizen Polyglotov Arkady Konstantinovich, referred to as hereinafter “Employee”, on the other hand, have entered into this employment contract, hereinafter referred to as the “Agreement”, as follows.

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1.1. Under the Agreement, the Employer undertakes to provide the Employee with work according to the labor function stipulated in this agreement: teaching activities in a children's early development center, provide working conditions provided for by the current labor legislation, local regulations of the Employer, pay the Employee wages in a timely manner and in full, and The Employee undertakes to personally perform the labor function defined by this Agreement - to provide teaching services, to comply with the internal labor regulations in force in the organization, other local regulations of the Employer, as well as to perform other duties provided for by the Agreement, as well as additional agreements thereto.

1.2. The employment contract with the employee is drawn up in accordance with current legislation and is a binding document for the Parties, including when resolving labor disputes between the Employee and the Employer in judicial and other bodies.

2.1. The Employer instructs, and the Employee accepts, the performance of labor duties as a teacher of English and German for children aged 4-7 years at the “Smart Children” early development school.

2.2. Work under the Contract is the main job for the Employee and is paid by the hour, in accordance with the approved and agreed upon schedule.

2.3. The Employee’s place of work is a branch of the “Smart Children” school, located at the address: Moscow, Zavaruevsky Lane, 12.

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3.1. An employment contract with an employee comes into force from the moment it is signed and is valid for six months. The employee must begin performing his job duties on September 1, 2016.

4.1. The Employee's official salary is 250 rubles per hour.

4.2. The Employee's salary is paid by transferring funds to the Employee's debit (credit) card twice a month, on the 13th and 28th, or by paying cash at the organization's cash desk.

4.3. Deductions may be made from the Employee's salary in cases provided for by the legislation of the Russian Federation.

4.4. The employer establishes incentives and compensation payments (additional payments, allowances, bonuses, etc.). The conditions for such payments and their amounts are determined in the Regulations on the payment of allowances and bonuses to employees of the company.

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4.5. If the Employee, along with his main job, performs additional work in another position or performs the duties of a temporarily absent employee without being released from his main job, the Employee is paid additionally in accordance with the additional agreement.

5. Rights and obligations of the Employee

5.1. The employee is obliged:

5.1.1. Fulfill obligations in accordance with this Agreement in good faith.

5.1.2. Comply with the internal labor regulations of the organization and other local regulations of the Employer.

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5.1.3. Maintain labor discipline.

5.1.4. Comply with labor standards if they are established by the Employer.

5.1.5. Comply with labor protection and occupational safety requirements.

5.1.6. Treats the property of the Employer and other employees with care.

5.1.7. Immediately notify the Employer of the occurrence of a situation that poses a threat to the life and health of children, or the safety of the Employer’s property.

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5.2. The employee has the right to:

5.2.1. Providing him with work stipulated by this employment contract.

5.2.2. Timely and full payment of wages in accordance with your qualifications, complexity of work, quantity and quality of work performed.

5.2.3. Rest, including paid annual leave, weekly days off, non-working holidays.

5.2.4. Compulsory social insurance in cases provided for by federal laws.

Free legal advice:

5.2.5. Other rights established by the current legislation of the Russian Federation.

6. Rights and obligations of the Employer

6.1. The employer is obliged:

6.1.1. Comply with laws and other regulations, local regulations, and the terms of this employment contract.

6.1.2. Provide the Employee with work stipulated by the Agreement.

6.2.2. Require the Employee to fulfill job duties specified in the Agreement, to take care of the property of the Employer and other employees, to comply with laws and local regulations.

6.2.3. Bring the Employee to disciplinary and financial liability in the manner established by the current legislation of the Russian Federation.

6.2.4. Adopt local regulations.

6.2.5. Exercise other rights provided for by the current legislation of the Russian Federation and local regulations.

9. Final provisions

Employer: Smart Children LLC, Taxpayer Identification Number: xxxxxxxxxxxxx legal entity. address: Moscow, Zavaruevsky lane, 12.

account: xxxxxxxxxxxxx in Sberbank of Russia, account: xxxxxxxxxx, BIC: xxxxxxxxxxx.

Employee: Polyglotov Arkady Konstantinovich, registered at the address: Moscow, st. Zavetnaya, 9.18, kV. 135;:, passport: ХХ хххххххх, issued “October 18, 1995, Basmanny Department of Internal Affairs of Moscow.

From the Employer: General Director of Smart Children LLC (signature) Razumentsev A.S.

Employee: Polyglotov A.K (signature)

Note! Those points that are not disclosed in the contract are standard! Those. they can be safely borrowed from a regular employment contract.

Hello. I have a question. We work hourly.

The employer called all staff to a meeting. But I didn’t pay anyone for that hour and a half. We have a break twice a day for half an hour, it is also not paid. Plus, we are required to show up for work a minute earlier and delays at work (from 20 to 40 minutes) are also not paid.

Piece wages in an employment contract (sample)

If an employer asks you to develop (download) a sample employment contract with piecework wages, then you should not think that this is something special. For the employer, the use of this type of remuneration is an effective way to increase the employee’s performance and achieve a larger volume of manufactured products during the billing period.

Employment contract: types of remuneration

Current labor legislation gives the employer the right to independently choose and establish what type of remuneration he will use when setting the employee’s salary. He has similar rights in terms of establishing the amount of remuneration.

It is important to understand here that this right may be limited if the employer abuses his rights and his actions in establishing working conditions worsen the situation of his employees compared to those established by labor legislation (for example, the employee’s salary will be below the established minimum wage).

Among the main types of remuneration often used in practice are the following:

• piecework (the amount of wages depends on prices and the number of products produced per month);
• time-based (the employee is given a salary, the amount of which does not depend on the production rate and the number of days in the month);
• commission (the employee receives a set percentage (commission) for goods sold (work, services)).

Types of remuneration can be mixed among themselves, and can also be divided into subtypes depending on the specific working conditions of the employer.

The employee’s salary in accordance with one or another type of remuneration established for a specific category of workers must be specified in the employee’s employment contract, since it is an essential condition (Articles 57, 135 of the Labor Code of the Russian Federation).

Employment contract with piecework wages

When developing a sample employment contract with piecework wages, you need to pay attention to the following points:

In practice, prices are approved by the employer by an order establishing prices at the enterprise for a manufactured unit of product (another operation or work, service) or in another local act;

• specifics of remuneration on holidays, including payment of additional remuneration to the employee.

The employer has such an obligation if there are non-working holidays in the billing month. The parties fix the procedure and amount of additional payment either directly in the employment contract, or the employer approves a local act, which the employee must be familiarized with in writing when hired. Additional remuneration is part of the salary. These provisions are established in Part 3 of Article 112 of the Labor Code of the Russian Federation.

If an employer provides a shift work schedule for piece-rate workers, including night shifts, then the employer is not obliged to pay additional remuneration for the employee’s work on holidays. In this case, the employer becomes obligated to pay for work at night and on holidays.

Download a sample employment contract with piecework wages

What are the terms of remuneration in an employment contract in 2018?

When hiring an employee for a vacant position, the employer is obliged to enter into a written agreement with him in the form of an employment contract, which necessarily reflects the terms of remuneration.

Requirements for the content of an employment contract are specified in the Labor Code of the Russian Federation.

How to describe working conditions in an employment contract

By signing the contract, the employee agrees to the conditions specified in it and receives certain guarantees for their compliance.

The terms of remuneration in the employment contract include:

• salary amount;
• the amount of bonuses, allowances, additional payments;
• the procedure for calculating remuneration in conditions of excess work; form of remuneration (monetary, non-monetary, or a combination of two forms);
• place of payment of wages;
• terms of payment to the employee.

Depending on the calculation method, labor legislation distinguishes two forms of remuneration: piecework and hourly (time-based).

Piece wages in an employment contract - sample

Piecework form, in which the amount of remuneration to an employee directly depends on the volume of completed orders, services, products and other units, depending on job responsibilities, for a specified period.

Types of piecework form:

• straight. Increasing production increases the amount of remuneration. piecework-bonus. Exceeding the established production norm implies the payment of bonuses;
• chord. The set of duties performed within the specified time for their implementation is subject to assessment;
• piecework-progressive. For a unit of product completed above the norm, the payment increases, but does not exceed the double price. mixed. Combines piecework and time-based work.

An example of a standard contract with an established piecework payment system:

The contract first of all spells out the subject of the contract, the rights, obligations of the parties, and indicates the number of days of work and rest per year.

Section 4 of the standard contract specifies the piecework form of payment, that is, the amount of payments is related to the volume of work performed. Clause 4.2 specifies the frequency of payments to employees twice a month. As a rule, the first payment is an advance and is not lower than one rate of the tariff schedule, and the second payment is salary. This section specifies the conditions for encouraging work overtime and on non-working days.

In addition, a separate paragraph describes the responsibility of the employer’s employee, in accordance with the legislation of the Russian Federation.

Hourly wages in an employment contract

Hourly payments - the amount of payments depending on the number of hours worked, but not exceeding the standards.

• Simple - remuneration is paid to the employee for the amount of time worked, regardless of the volume and complexity of the work;
• Time-based bonus. It involves paying bonuses for completing complex, painstaking work and completing it in a shorter period of time.

In many ways, the choice of calculation system depends on the specifics of the enterprise. For example, at a plant for the production of any parts, it is more expedient to install a piece-mould, thereby increasing the productivity of production. Hourly payments are often set for salespeople in stores with good customer traffic.

Minimum wage in 2018 in the Russian Federation

Whatever form of calculation the employer uses, he is obliged to pay wages not lower than the established minimum wage in the current year. Every year, the minimum wage is indexed depending on the rate of inflation.

Thus, as of January 1, 2018, the minimum wage in the Russian Federation was set at 6,204 rubles. Regional may differ from federal, but not below the subsistence level. For example, in Moscow, where the cost of living is traditionally high, this number is rubles.

Conditions of remuneration according to the law in the Russian Federation

According to the current legislation in the Russian Federation, the employer is obliged to provide the employee with normal working conditions to ensure production standards.

The Labor Code of the Russian Federation stipulates the terms of remuneration, namely:

• wages are paid in cash equivalent, with the exception of cases where the employee writes an application for payment in other forms;
• the amount of payments to an employee depends on qualifications and complexity of work;
• the amount of wages for a full month worked is not lower than the minimum wage; payments are made at least once a month.

Section 6 of the Labor Code of the Russian Federation establishes the payment procedure under special conditions:

• performing work beyond normal limits;
• work in production with hazardous substances;
• work at night;
• work on holidays and weekends;
• payment for downtime,
• time to develop new production,
• manufacturing defective products.

Along with legally established standards, each organization has internal regulations that regulate the operating mode of the enterprise, schedule, tariff schedule and other working conditions and payroll, but they cannot go against those established at the federal level.

Violation of conditions by the employer is a reason for the employee to contact law enforcement agencies.