[F. I. O. / Full name of the employer] represented by [position title, full name], acting on the basis of the [Charter, regulation, power of attorney], hereinafter referred to as the "Employer", on the one hand and a citizen (ka) of the Russian Federation

[F. I. O. employee], hereinafter referred to as the "Employee", on the other hand, collectively referred to as the "Parties", have concluded this agreement as follows:

1. The Subject of the Agreement

1.1. Under this employment contract, the Employee undertakes to fulfill the duties of the profession / position [indicates work according to the position in accordance with the staffing table, profession, specialty, indicating qualifications; specific type of work entrusted to the employee] in the [place of work, and in the case when the employee is hired to work in a branch, representative office or other separate structural subdivision of the organization located in another locality, the place of work indicating the separate structural unit and its location], and the Employer undertakes to provide the Employee the necessary conditions labor provided labor law and timely and full payment of wages.

1.2. Work under this contract is the main place of work for the Employee.

1.3. The working conditions at the workplace according to the degree of harmfulness and (or) danger are [optimal (class 1) / acceptable (class 2) / harmful (indicate the class and subclass of hazard) / dangerous (class 4)].

1.4. The period of probation for employment is [specify the period]./The employee is hired without probation.

1.5. The employment contract is concluded for an indefinite period.

1.6. The employee must start work on [day, month, year].

2. Rights and obligations of an employee

2.1. The employee has the right to:

Conclusion, modification and termination employment contract in the manner and under the conditions established Labor Code Russian Federation, other federal laws;

Providing him with a job stipulated by an employment contract;

A workplace that complies with state regulatory requirements for labor protection and the conditions provided for by the collective agreement [if any];

Timely and in full payment of wages in accordance with their qualifications, complexity of work, quantity and quality of work performed;

Rest provided by the establishment of normal working hours, reduced working hours for individual professions and categories of employees, providing weekly days off, non-working holidays, paid annual holidays;

Complete reliable information about working conditions and labor protection requirements at the workplace;

Preparation and additional professional education in the manner prescribed by the Labor Code of the Russian Federation, other federal laws;

Association, including the right to create trade unions and joining them to protect their labor rights, freedoms and legitimate interests;

Participation in the management of the organization in the forms provided for by the Labor Code of the Russian Federation, other federal laws, if any - and the collective agreement forms;

Conducting collective negotiations and conclusion of collective agreements and agreements through their representatives, as well as information on the implementation of the collective agreement, agreements;

Protection of their labor rights, freedoms and legitimate interests by all means not prohibited by law;

Resolution of individual and collective labor disputes, including the right to strike, in accordance with the procedure established by the Labor Code of the Russian Federation, other federal laws;

Compensation for harm caused to him in connection with the execution job duties, and compensation for non-pecuniary damage in the manner prescribed by the Labor Code of the Russian Federation, other federal laws;

Compulsory social insurance in cases stipulated by federal laws;

labor law

2.2. The employee is obliged:

Conscientiously fulfill their labor duties assigned to him by the employment contract;

Comply with internal rules work schedule;

Observe labor discipline;

Comply with established labor standards;

Comply with labor protection and labor safety requirements;

Take care of the property of the Employer (including the property of third parties held by the Employer, if the Employer is responsible for the safety of this property) and other employees;

Immediately notify the Employer or immediate supervisor of a situation that poses a threat to the life and health of people, the safety of the Employer's property (including the property of third parties held by the Employer, if the Employer is responsible for the safety of this property);

labor law and other normative legal acts containing norms labor law, collective agreement, local regulations].

3. Rights and obligations of the employer

3.1. The employer has the right:

Conclude, amend and terminate the employment contract with the Employee in the manner and on the terms established by the Labor Code of the Russian Federation, other federal laws;

Conduct collective negotiations and conclude collective agreements;

Encourage the Employee for conscientious efficient work;

Require the Employee to fulfill his labor duties and respect the property of the Employer (including the property of third parties held by the Employer, if the Employer is responsible for the safety of this property) and other employees, compliance with the internal labor regulations;

Involve the Employee in disciplinary and liability in the manner prescribed by the Labor Code of the Russian Federation, other federal laws;

Adopt local regulations;

Create associations of employers in order to represent and protect their interests and join them;

Create a works council;

- [other rights provided for by the current labor law and other normative legal acts containing labor law norms, a collective agreement, local normative acts].

3.2. The employer is obliged:

Comply with labor legislation and other regulatory legal acts containing labor law norms, local regulations, terms of an employment contract, agreements, collective agreement [if any];

Provide the Employee with work stipulated by the employment contract;

Ensure safety and working conditions that comply with state regulatory requirements for labor protection;

Provide the Employee with equipment, tools, technical documentation and other means necessary for the performance of his labor duties;

Provide the Employee equal pay for work of equal value;

Pay in full size wages due to the Employee within the time limits established in accordance with the Labor Code of the Russian Federation, the collective agreement [if any], the internal labor regulations, the employment contract;

Conduct collective negotiations, as well as conclude a collective agreement in the manner prescribed by the Labor Code of the Russian Federation;

Provide representatives of employees with complete and reliable information necessary for the conclusion of a collective agreement, agreement and control over their implementation;

To acquaint the Employee against signature with the adopted local regulations directly related to his work activity;

Comply with federal regulations in a timely manner executive power authorized to exercise federal state supervision over compliance with labor laws and other regulatory legal acts containing labor law norms, others federal bodies executive power, exercising state control(supervision) in the established field of activity, pay fines imposed for violations of labor legislation and other regulatory legal acts containing labor law norms;

Consider submissions of relevant trade union bodies, other representatives elected by employees on revealed violations of labor legislation and other acts containing labor law norms, take measures to eliminate the identified violations and report the measures taken to these bodies and representatives;

Create conditions that ensure the participation of the Employee in the management of the organization in the forms provided for by the Labor Code of the Russian Federation, other federal laws and the collective agreement [if any];

Provide for the daily needs of the Employee related to the performance of their labor duties;

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

Compensate for harm caused to the Employee in connection with the performance of his labor duties, as well as compensate for moral damage in the manner and on the terms established by the Labor Code of the Russian Federation, other federal laws and other regulatory legal acts Russian Federation;

- [other duties provided for by the current labor law and other normative legal acts containing labor law norms, a collective agreement, local normative acts].

4. Working time and rest time

4.1. The employee is given a [five-day work week with two days off/six-day work week with one day off/work week with staggered days off/part-time work].

4.2. The daily work/part-time work week is [value] hours.

4.3. Start and end times of work, break time and duration [in case of staggered days off, alternate non-working days] are established by the internal labor regulations.

4.4. The employee is granted an annual basic paid leave of duration [value] calendar days.

4.5. The employee is granted annual additional paid leave of [value] calendar days [indicate the basis for granting additional leave].

4.6. For family reasons and others good reasons The Employee, upon his written application, may be granted unpaid leave, the duration of which is determined by agreement between the Employee and the Employer.

5. Terms of remuneration

5.1. For the Employee, a piecework system of remuneration is established.

5.2. Wages are calculated on the basis of [specify calculation method].

5.3. Wages are paid to the Employee [indicate specific dates of the calendar month]./Wages are paid to the Employee at least every half a month on the day established by the internal labor regulations.

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

5.5. For 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.

6. Liability of the parties

6.1. In case of non-fulfillment or improper fulfillment by the Employee of his duties specified in this employment contract and job description, violation of the labor legislation of the Russian Federation, as well as causing material damage to the Employer, he bears disciplinary, material and other liability in accordance with the current legislation of the Russian Federation.

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

7. Final provisions

7.1. Disputes between the Parties arising from the performance of this employment contract shall be considered in the manner prescribed by the Labor Code of the Russian Federation and other federal laws.

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

7.3. The employment contract is concluded in writing, drawn up in two copies, each of which has the same legal force.

7.4. All changes and additions to this employment contract are formalized by a bilateral written agreement.

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

8. Details and signatures of the parties

I received a copy of the employment contract on [date, month, year] [signature, surname, initials of the employee]

Our organization uses different systems of remuneration. For example, some workers receive a salary, some are paid by the piece, and some of them work in harmful conditions. How can this be written into the employment contracts of employees? Is it possible to simply refer to local regulations?

SALARY IS A MANDATORY CONDITION OF THE EMPLOYMENT CONTRACT

The terms of remuneration are among the mandatory conditions of the employment contract (paragraph 5, part 2, article 57 of the Labor Code of the Russian Federation). These labor laws include:

Tariff rate or salary (official salary) of the employee;

Surcharges;

allowances;

Incentive payments.

According to Part 1 of Art. 135 of the Labor Code of the Russian Federation wage for a specific employee is established by an employment contract in accordance with the remuneration systems in force for a given employer. That is, it is of great importance what kind of remuneration system is applied to the employee (for example, time or piecework), whether surcharges, allowances, bonuses, etc., as well as working conditions are established.

At the same time, wage systems are developed on the basis of the requirements of labor legislation. That is, in the wages of each employee, it is necessary to take into account the criteria enshrined in the legislation, including working conditions.

As a rule, employers include in the employment contract with the employee a special section on the conditions of remuneration for this employee (for example, "Payment").

TIME PAYMENT SYSTEM

If an employee has only tariff rate or official salary (salary), in the employment contract indicate their specific size in numerical terms(for example, 100 rubles per hour or 50,000 rubles per month). Such explanations are given by Rostrud.

3.1. For the performance of labor duties stipulated by this employment contract, the Employee is set an official salary in the amount of 50,000 (fifty thousand) rubles per month.

3.1. For the performance of labor duties stipulated by this employment contract, the Employee is set an hourly wage rate in the amount of 100 (one hundred) rubles per hour.

In this case, the employment contract cannot use the wording " Salary according to staffing " or " The official salary of the employee is set in accordance with the staffing table". If the employer does not indicate a specific salary, this will violate the requirements of paragraph 5 of part 2 of Art. 57 of the Labor Code of the Russian Federation.

Thus, referring to the staffing table instead of indicating the specific amount of the employee's salary is a violation of the requirements of labor legislation, for which the employer may be held administratively liable under Part 1 of Art. 5.27 of the RF Code of Administrative Offenses (CAO RF).

Therefore, with time wages, the employment contract must specify a specific amount of the tariff rate or official salary employee, as well as additional payments, allowances and incentive payments.

PIECE PAYMENT SYSTEM

If, in accordance with the employer's remuneration system, the employee has a piecework remuneration system, the corresponding condition must be included in the employment contract.

At the same time, labor legislation does not oblige the employer to indicate in the employment contract the specific amount of piece rates or labor standards provided for in Art. 160 of the Labor Code of the Russian Federation.

Therefore, in an employment contract with an employee whose earnings will depend on the number of units of production produced by him (work performed), it must be indicated that wages are piecework. It is also necessary to provide a link to the local regulatory act of the employer, which establishes:

Piece rates, time norms, production norms;

The procedure for accounting for the production of products and the volume of work performed (for example, the regulation on the remuneration of employees or the order of the employer).

The employee must be familiarized with the specified local normative act against signature.

3.1. The worker is set a direct piecework system of remuneration and is paid for the amount of production that he has produced.
Piece rates, norms of time, norms of production, as well as the procedure for accounting for the production of products, the volume of work performed are established by the Regulations on the remuneration of employees of Specialist LLC.

It should also be borne in mind that there are several varieties of piecework wages:

Direct piecework;

piece-premium;

piece-progressive;

Indirectly piecework.

SUPPLEMENTS, SUPPLEMENTS, BONUSES

The norm of paragraph 5, part 2, art. 57 of the Labor Code of the Russian Federation allows not to indicate in the employment contract the specific amounts of additional payments, allowances and bonuses.

If the employer has established additional payments, allowances and incentive (stimulating) payments (including bonuses), then you can specify their types and amount:

a) directly in the employment contract;

b) in the form of a reference to the local regulatory act of the employer (for example, the regulation on the remuneration of employees, the provision on bonuses to employees) or the collective agreement by which they are established. Employees must be familiarized with the indicated documents against signature (paragraph 10, part 2, article 22, part 3, article 68 of the Labor Code of the Russian Federation).

The fact that in this case reference norms can be used in an employment contract is confirmed by Rostrud 2 in its clarifications.

Extract from the letter of Rostrud dated March 22, 2012 No. 428-6-1

2. […]
The specific amount of the tariff rate or official salary is indicated directly in the employment contract. As for the additional payments, allowances and incentive payments due to the employee, they can be directly indicated in the employment contract or it can refer to the relevant local regulatory act or collective agreement that provides for the grounds and conditions for their payment. In the latter case, the employee must be familiarized with the content of local regulations and the collective agreement against signature.

Formulations can be as follows:

3.1.1. Official salary in the amount of 50,000 (Fifty thousand) rubles per month.
3.1.2. Quarterly and annual bonuses that are accrued and paid to the Employee in the manner and on the terms established by the Regulations on bonus payments to employees of New Technologies LLC.

3.1. For the performance of labor duties stipulated by this employment contract, the Employee is paid a salary, which includes:
3.1.1. Official salary in the amount of 30,000 (thirty thousand) rubles per month.
3.1.2. Personal allowance behind highly qualified in the amount of 10,000 (Ten thousand) rubles per month.

Please note that in an employment contract with an employee who will work in the regions of the Far North or areas equivalent to them, you must specify the regional coefficient and the percentage bonus to wages. If the employer violates this rule and does not include such conditions in the employment contract, the employee will still be able to demand their payment. This position is confirmed judicial practice.

COMPENSATION FOR WORK WITH HARMFUL AND (OR) DANGEROUS WORKING CONDITIONS

In the employment contract, it is necessary to prescribe a description of the working conditions at the workplace (paragraph 7, part 2, article 57 of the Labor Code of the Russian Federation). This information is indicated based on the results of the employer's special evaluation working conditions.

If an employee is hired with harmful and (or) hazardous conditions labor, in his employment contract, it is necessary, in particular, to indicate the compensation due for work in appropriate conditions.

According to Art. 92, 117 and 147 of the Labor Code of the Russian Federation, an employee is entitled to the following guarantees and compensations:

Reduced working hours for work with harmful working conditions (3 or 4 degrees) and (or) dangerous working conditions - according to general rule no more than 36 hours per week;

Annual additional paid leave for work with harmful (2, 3 or 4 degrees) and (or) dangerous working conditions - at least 7 calendar days;

Increasing wages - not less than 4% of the tariff rate (salary) set for various kinds work under normal working conditions.

The amount of the surcharge specified in Part 2 of Art. 147 of the Labor Code of the Russian Federation (4% of the tariff rate (salary)) is the minimum. The employer establishes the specific size of the increase in wages (taking into account the opinion of the representative body of employees) in a local regulatory act, or in collective agreement, an employment contract (part 3 of article 147 of the Labor Code of the Russian Federation).

The wording in the employment contract may be as follows:

3.1. For the performance of labor duties stipulated by this employment contract, the Employee is paid a salary, which includes:
3.1.1. Official salary in the amount of 40,000 (forty thousand) rubles per month.
3.1.2. Additional payment for work in hazardous working conditions in the amount of 1600 (One thousand six hundred) rubles per month.

Additional payments, allowances and incentive payments may be directly specified in the employment contract or it may refer to the relevant local regulatory act or collective agreement, agreement providing for the grounds and conditions for their payment. In the employment contract, it is not necessary to indicate a specific date for the payment of wages; it is enough to make a reference to the internal labor regulations or the collective agreement.

Rationale: Salary (remuneration) - remuneration for work depending on the qualifications of the employee, the 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 the size of tariff rates, salaries (official salaries), additional payments and allowances of a compensatory nature, systems of additional payments and allowances of an incentive nature and bonus systems, are established by collective agreements, agreements, local regulations.

An employee's salary is established by an employment contract in accordance with the wage systems in force for a given employer (Article 135 of the Labor Code of the Russian Federation). Therefore, the terms of remuneration are necessarily 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 system of remuneration 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 in the organization as a whole, as well as specific rates. It is enough to indicate the type of remuneration system (time-based, piecework, piecework, etc.) and make a reference to the adopted local normative act, for example, the regulation on remuneration.

Free legal advice:

“The employee’s salary in accordance with the employer’s remuneration system consists of an official salary” or “A piecework remuneration system is established for the employee. The salary is calculated based on the piecework rates established in the regulation on remuneration 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 compensatory, incentive 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 amount of the tariff rate or official salary is indicated, and not the range of the amount from the minimum to the maximum size (Rostrud Letters of 03/19/2012 N, 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 (Rostrud Letter dated 11/20/2015 N).

Free legal advice:

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

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

Information on 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

Surcharges 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 related to compensation payments, and surcharges and allowances of an incentive nature, bonuses and other incentive payments (remuneration based on the results of work for the year, for length of service, other payments) are referred to as incentive payments.

Free legal advice:

Labor legislation does not require specifying in the employment contract a specific amount of additional payments, allowances and incentive payments. However, it must (if any) indicate at least general information on all additional payments and allowances of a compensatory nature and on incentive payments in accordance with the remuneration systems in force for this employer (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 refer to the relevant local regulatory act, collective agreement, agreement providing for the grounds and conditions for their payment. In the latter case, the employee must be familiarized with their content 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:

"An employee may be paid a bonus in the amount of up to 100% of the salary, subject to the conditions and procedure established by the provision on bonuses (reference to the provision)" 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 provision on bonuses to the employee (reference to the provision), which the employee is familiarized with by signature when signing the employment contract" or "The employee may be paid additional payments, allowances, bonuses for high qualifications and personal contribution to the results of the employer's activities, length of service, additional payments for an increased amount of work, high quality in accordance with the regulation on remuneration (reference to the regulation), with which the employee must be familiarized against 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, in an employment or collective agreement it may be established that, at the written request of the employee, partial payment (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, clause 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").

In the employment or collective agreement, it is necessary to determine how wages are paid:

In cash at the place of work;

Free legal advice:

By bank transfer Money in credit organization specified in the employee's application;

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

If the procedure for remuneration in kind is not prescribed in the collective or labor agreement, then appropriate changes can be made to the labor or collective agreement. It is possible to change the terms of an employment contract only by agreement of the parties by signing an additional agreement (Article 72 of the Labor Code of the Russian Federation). It is possible to change the terms of the collective agreement 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 the 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:

"Salary is paid to the employee at the place of work by him by issuing cash at the employer's cash desk or by transferring it to the employee's bank account" or

"Payment of wages is made in the currency of the Russian Federation in a non-cash form by transferring it to the current account of the employee indicated in the application" or

"10% of the accrued monthly wages are given to the employee in kind in the form of the employer's 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 calculated one. The replacement of wages in kind with cash is made by the employer on the basis of a written application of the employee without a time limit for warning.

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

The date of payment of wages may be established by the internal labor regulations, a collective agreement or an employment contract. Thus, it is not necessary to indicate a specific date for the payment of wages in an employment contract, it will be enough to make a reference to the document by which it is 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 a month, and the specific date for the payment of wages is set no later than 15 calendar days from the end of the period for which it is accrued.

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

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

"Salary is paid twice a month (every fortnight) at next days: on the 20th day of the current month and the 5th day of the month following the billing month".

Consulting and analytical center for accounting and taxation

Hourly pay rate

Depending on many factors, in particular, on the method of accounting for the employment of employees, the payment of wages at the enterprise can be organized in different ways. Along with piecework, hourly wages are one of the most common types of wages. We will consider cases when it is more profitable to introduce its hourly variety, we will clarify the nuances of labor legislation related to the “hourly rate”, we will teach how to calculate specific example and show how this issue is reflected in the employment agreement with the employee.

Salary is as accurate as clockwork

Accounting for hours worked is mandatory, no matter how the payment of remuneration for work is organized. But under some systems, it is he who is the determining factor that affects the amount of money earned and the features of their accrual.

Hourly pay is a relationship between employee remuneration and time actually worked by him, calculated in hours.

In practice, it is not difficult to introduce it, since the employer is already obliged to take into account work time their employees (part 4 of article 91 of the Labor Code of the Russian Federation).

Free legal advice:

IMPORTANT! With a system of salaries or tariff rates, time is also important, but there the estimated interval is a month. Under the hourly system, tariffs (salaries) are set for each working hour.

Features of hourly pay

Since the hourly wage system is a special case of the time wage system, it is possible to determine when it is more appropriate to apply it from the same positions. If the normalization of work in adequate units is difficult, how to evaluate it with financial side? For example, you can count the number of products made per 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 apply.

1. Regular hourly pay. 1 hour of work has an unchangeable rate, 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 a duty officer, security guard, operator, administrator, etc.
2. Premium hourly pay. The bonus is assigned for indicators additional to the hours worked, such as the amount of work, declared quality, etc. The amount of the bonus must be agreed in advance, it is added to the established hourly rate.
3. Normalized "hourly". In addition to the rate for an hour of work, established by the tariff or salary, an additional payment is guaranteed for strict compliance with the conditions set by the employer. It is advisable to use such a system when overfulfillment production standards undesirable.

Hourly pay according to the Labor Code of the Russian Federation

Taking the hourly wage system as the salary system, the entrepreneur is obliged to be guided by the relevant articles of the labor legislation of Russia:

• Art. 91 speaks of the need to take into account the actual hours worked by each employee charged to the employer;
• Art. 57 of the Labor Code of the Russian Federation obliges to include a condition on hourly pay in an employment contract, since the wage system is its essential condition;
• Part 3 Art. 133 of the Labor Code of the Russian Federation speaks of temporary norms and the corresponding payment - the maximum duration of the working week is 40 hours and the fulfillment of the hourly norm for production calendar within a month, must guarantee hourly employees a salary not lower than the minimum level established by the state (minimum wage);
• current topical article federal law on the establishment of the minimum wage in Russia.

To whom and when is the "hourly" beneficial?

Benefits for the employer

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

"Employment" risks:

• a more complicated calculation system (with strict accounting for the working hours of all staff);
• reduced efficiency of this system without bonuses;
• Need an additional position - controller and recorder of working hours.

Which employees are suitable for:

• how much you worked - for how much you got, it is very convenient with a flexible schedule, part-time employment or a part-time position;
• ideal for employees whose working day cannot be accurately standardized, for example, teachers (one day he can be busy 6 hours, the other - 4);
• good payment option for uneven load.

Possible disadvantages for employees:

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

Hourly payroll calculation

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

For example, a teacher at a study center foreign languages receives 300 rubles for 1 hour of his employment 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 = rubles.

Free legal advice:

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

Hourly pay and employment contract

The Labor Code of the Russian Federation speaks of the mandatory inclusion of the terms of hourly wages in an employment contract concluded with an employee, or an additional agreement to it. If employees are transferred to the “hourly” 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. You must specify:

• hourly rate (salary);
• the procedure for calculating earnings;
• conditions of bonuses and de-bonuses;
• payment procedure for hours on holidays, weekends and nights;
• specific days of issuing salary (at least 2 within a month);
• additional conditions, if any: probation, social guarantees etc.

An example of an employment contract with the inclusion of an hourly wage condition

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

Employment contract with a teacher

Society with limited liability"Smart Children" (abbreviated name of LLC "Smart Children"), hereinafter referred to as the "Employer", represented by General Director Aleksey Stepanovich Razumentsev, acting on the basis of the Charter, on the one hand, and citizen Polyglotov Arkady Konstantinovich, hereinafter referred to as the "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 children's center early development, ensure the working conditions provided for by the current labor legislation, local regulatory legal acts of the Employer, pay wages to the Employee in a timely manner and in full, and the Employee undertakes to personally fulfill the conditions specified in this Agreement labor function– provide teaching services, comply with the internal labor regulations in force in the organization, other local regulatory legal acts of the Employer, as well as perform other duties stipulated by the Agreement, as well as additional agreements thereto.

1.2. The employment contract with the employee is drawn up in accordance with the 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 assumes the performance of labor duties as a teacher of English and German for children 4-7 years old at the Smart Children early development school.

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

2.3. The place of work of the Employee is a branch of the school "Smart Children", 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 of its signing and is valid for six months. The employee must begin to perform his labor duties from September 01, 2016.

4.1. The size of the official salary of the Employee is 250 rubles per hour.

4.2. Wages are paid to the Employee by transferring funds to the Employee's debit (credit) card twice a month, on the 13th and 28th, or by cash payment at the cash desk of the organization.

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

4.4. The employer establishes incentive and compensation payments (surcharges, allowances, bonuses, etc.). The terms of such payments and their amounts are defined 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 an additional payment in accordance with an additional agreement.

5. Rights and obligations of the Employee

5.1. The employee is obliged:

5.1.1. To conscientiously fulfill the obligations in accordance with this Agreement.

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

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5.1.3. Observe labor discipline.

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

5.1.5. Comply with labor protection and labor safety requirements.

5.1.6. Carefully treats the property of the Employer and other employees.

5.1.7. Immediately inform the Employer about the occurrence of a situation that poses a threat to the life and health of children, 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 in full payment of wages in accordance with their qualifications, complexity of work, quantity and quality of work performed.

5.2.3. Rest, including paid annual vacation, weekly holidays, non-working holidays.

5.2.4. Compulsory social insurance in cases stipulated by federal laws.

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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 regulatory legal acts, local regulatory legal acts, the terms of this employment contract.

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

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

6.2.3. Bring the Employee to disciplinary and material liability in accordance with the procedure 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, local regulatory legal acts.

9. Final provisions

Employer: Umnye deti LLC, TIN: xxxxxxxxxxxx jur. address: Moscow, Zavaruevsky lane, 12.

settlement account: xxxxxxxxxxxxx at Sberbank of Russia, c/c: xxxxxxxxxx, BIC: xxxxxxxxxx.

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

From the employer: CEO Smart Children LLC (signature) Razumentsev A.S.

Employee: Poliglotov A.K. (signature)

Note! Those items 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 on the hour.

The employer called all the staff to a meeting. But I didn't pay anyone for those hour and a half. We have a break twice a day for half an hour, it is also not paid. Plus, we are obligated to come to work a minute earlier and the time of delays at work (from 20 to 40 minutes) is also not paid.

Piecework 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 efficiency and achieve a larger volume of manufactured products for the billing period.

Employment contract: types of wages

The current labor legislation gives the employer the right to independently choose and determine what type of remuneration he will use when setting wages for an employee. He has similar rights in terms of setting the amount of wages.

It is important to understand here that this right can be limited if the employer abuses his rights and his actions when establishing working conditions, worsens the situation of his employees compared to established by law about labor (for example, the employee's salary will be below the established minimum wage).

Among the main and frequently used types of remuneration in practice, the following can be distinguished:

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

Types of remuneration can be mixed with each other, and can also be divided into subspecies depending on the specific working conditions of the employer.

Wages to an employee in accordance with one or another type of remuneration established for a particular category of employees must be prescribed 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 pay

When developing a sample employment contract with piecework wages, it is necessary to pay attention to the following points:

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

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

Such an obligation for the employer arises if non-working holidays fall in the billing month. The parties fix the procedure and amount of the additional payment either directly in the employment contract, or the employer approves a local act, with which the employee must be familiarized in writing when hiring. 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 the employer has a shift work schedule for employees on piecework wages, including night shifts, the employer is not obliged to pay additional remuneration for the work of the employee on holidays. In this case, the employer is obliged to pay for work at night and on a holiday.

Download a sample employment contract with piecework pay

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

Making out on vacant position employee, the employer is obliged to conclude a written agreement with him in the form of an employment contract, which necessarily reflects the terms of remuneration.

Requirements for the content of the employment contract are prescribed 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 observance.

The terms of remuneration in the employment contract include:

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

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

Piecework wages in an employment contract - sample

A piece-rate 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.

Varieties of piecework:

• straight. An increase in output increases the amount of remuneration. piece-bonus. Exceeding the established norm of output implies the payment of bonuses;
• chord. The complex of performed duties for the established time for their implementation is subject to assessment;
• piece-progressive. For a unit of a product made in excess of the norm, the payment increases, but does not exceed the amount of a double rate. mixed. Combines piecework and time.

Example standard contract with the established piece-rate calculation system:

The contract specifies, first of all, the subject of the contract, the rights, obligations of the parties, the number of days of work and rest per year is indicated.

In section 4 of the standard contract, a piece-rate form of payment is indicated, that is, the amount of payments is related to the amount 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 payment and is not lower than one rate of the tariff scale, and the second salary. This section sets out the conditions for encouraging work overtime and on non-working days.

In addition, a separate paragraph describes the responsibility of the employee of the employer, 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 premium. It implies the payment of bonuses for the performance of complex, painstaking work, performance in a shorter time.

In many respects, the choice of the calculation system depends on the specifics of the enterprise. For example, at a plant for the manufacture of any parts, it is more expedient to install a piecework form, thereby increasing production efficiency. Hourly rates are often set for vendors in stores with good customer traffic.

The minimum wage in 2018 in the Russian Federation

Whichever forms 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.

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

Terms 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 spells out the conditions for remuneration, namely:

• wages are paid in cash, with the exception of cases when an employee writes an application for payment in other forms;
• the amount of payments to the employee depends on the qualifications, complexity of the 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 procedure for payment under special conditions:

• performance of work above the norm;
• work in production with harmful substances;
• work at night;
• work on holidays and weekends;
• downtime pay,
• time of development of new production,
• manufacture of defective products.

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

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

Conditions of remuneration in the employment contract

Labor contract- an agreement between the employer and the employee, according to which the employer undertakes to provide the employee with work according to the stipulated labor function, to ensure the working conditions provided for by labor legislation and other regulatory legal acts containing labor law norms, the collective agreement, agreements, local regulations and this agreement , timely and in full to pay the employee wages, and the employee undertakes to personally perform the labor function determined by this agreement, to comply with the internal labor regulations in force for this employer (Article 56 of the Labor Code of the Russian Federation).

The parties to an employment contract are the employer and the employee.

The employment contract is concluded in writing, drawn up in two copies, each of which is signed by the parties. One copy of the employment contract is transferred to the employee, the other is kept by the employer (Article 67 of the Labor Code of the Russian Federation). In addition, Article 67 of the Labor Code of the Russian Federation was supplemented with a new requirement for the form of an employment contract: receipt by an employee of a copy of an employment contract must be confirmed by the employee's signature on a copy of the employment contract kept by the employer. However, employers were previously recommended to require the employee to confirm receipt of the contract with his signature. Since in the case of a “problematic” dismissal, the employee could simply declare that he did not receive a copy of the contract, and the employer, therefore, had to prove the opposite. This position is now enshrined in law.

An employment contract is the main document that determines the procedure for remuneration of employees. Moreover, from the meaning of Article 57 of the Labor Code of the Russian Federation, the terms of the employment contract cannot worsen the position of the employee in comparison with the Labor Code, the collective agreement, agreements and other regulations.

In accordance with Article 57 of the Labor Code of the Russian Federation, the terms of remuneration are essential conditions employment contract (i.e. stipulated in the contract in without fail) and should include: the amount of the tariff rate or salary (official salary) of the employee; surcharges, allowances, incentive payments. In addition, the employment contract should indicate the procedure for remuneration for work in conditions that deviate from normal ( overtime work, work at night, work on weekends and holidays, etc.), determine the place and timing of payment of wages; reflect the form of remuneration - in cash or in a combination of cash and non-monetary forms.

The employment contract is the main legal document regulating the labor relations between the employer and the employee.

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One of the important and mandatory points of the document should be a correctly executed remuneration with a list of all conditions - the absence of this section indicates the invalidity of the contract.

What does the law say?

According to the legislation of the Russian Federation, an employment contract is concluded with the participation and by mutual agreement of both interested parties. At the same time, both the employer and the employee can offer own options wages.

A treaty is an agreement, the golden mean of a mutual decision.

Art. 129 of the Labor Code of the Russian Federation explains that wages are remuneration for labor performed by an employee.

The amount of payment is directly dependent on:

• the skill level of the employee;
• their position in the organization;
• experience in this area, etc.

The employer does not have the right to remunerate the work of an employee in an amount below the established minimum level.

This figure is equal to 5965 rubles per month in 2019.

Local acts at the enterprise establish the payment system and the procedure for payments.

In an employment contract, various labor remuneration must correspond to those enshrined in regulations by enterprise.

In the event of a change in wages or other conditions of remuneration:

• it is necessary to draw up an appropriate agreement, which must also be signed mutually;
• the employer does not have the right to arbitrarily change the wage clause in the contract;
• inform the employee about all changes made 2 months before the entry into force;
• in case of non-agreement with the new conditions, the employment contract expires.

An example of an additional agreement on changing wages:

What wage conditions are required?

The following conditions of remuneration must be stipulated in the employment contract:

• Salary and additional benefits. The amount of the salary is indicated without fail. If the company has a system of bonuses to the basic rate, additional payments as compensation or incentives for employees, bonuses, etc., established with the necessary agreements on remuneration, then in the employment contract these must be referred to local regulations. If the LNA is not valid in the organization, then the contract specifies all additional payments and the reasons why they are issued to the employee.
• Taxes. The salary in the employment contract is prescribed without taking into account the 13% personal income tax deduction. That is, payment (excluding all kinds of bonuses and allowances) is somewhat less than prescribed in the paragraph of the document. The employer is not entitled to deduct other taxes from the salary from the payment: contributions to the Pension Fund, the compulsory medical insurance fund, etc. are paid to them from own funds.
• Social insurance. Part 2 Art. 57 of the Labor Code of the Russian Federation states that a condition on compulsory social insurance must be included in the employment contract. All types of social payments should not be listed. The phrase will be enough: “The enterprise guarantees to provide insurance for the employee in the system of compulsory social insurance in accordance with the norms of the Labor Code of the Russian Federation and other Federal Laws.” You can refer to said documents. If there is additional insurance in the organization, then it is allowed to refer to the corresponding LNA (if any) or to prescribe in more detail about it.
• regional coefficient. Here, for example, an employer can easily deceive an employee. Suppose, at an interview with Ivanov I.I., the employer agreed on a salary of 20,000 rubles. And when drawing up an employment contract, the salary was prescribed 17,400 rubles. plus the Republic of Kazakhstan in the amount of 2,600 rubles, in the amount of allegedly 20,000. When receiving a salary, it turned out that only 17,400 rubles were given out, since 13% of personal income tax was deducted. Legally speaking, this is correct.

An example of a salary and allowance statement:

Basic Mistakes

The most common mistakes when specifying the conditions of remuneration in an employment contract are the following:

• No specific salary has been specified. There are employers who, in the column on the tariff rate or salary, mark: "wages according to the staffing table." This is a gross violation of labor document officially invalid.
• The conditions for the payment of allowances, bonuses and bonuses are not specified. There are cases when the amount of additional payments is indicated in the employment contract, but the grounds for receiving them are not indicated, as well as links to the relevant LNA are not indicated. In this case, the employer is obliged to pay all prescribed allowances, bonuses and bonuses periodically on an equal basis with salary. This is common mistake employers. If a link to a local normative act is given without the details of the document, then this is also a violation. Any tax audit will calculate this shortcoming.
• There is no advance payment option. It must be indicated that wages are paid at least twice a month. The terms and amounts of payment can be fixed either in the contract itself or in the internal labor regulations. Various kinds of receipts and powers of attorney from an employee with a request to pay him a salary once a month are contrary to the law (Article 136 of the Labor Code of the Russian Federation). It is also a violation of the rights of the employee if more than 15 calendar days pass between the advance payment and the final payment.
• Incorrect form of payment. A mistake will be considered a situation when the employer pays part of the salary with the product, and this is either not fixed in the contract, or the maximum share of the total payment is not limited. In the Labor Code of the Russian Federation, this figure is 20% of the monthly salary. Moreover, the written consent of the employee is required. If wages are indicated in a foreign currency, then such a document will not be valid on the territory of our state. Regardless of the currencies with which the organization works, the amount of payment in the employment contract is prescribed only in rubles.
• Unlawful penalties are prescribed. In order to further stimulate employees and save their own funds, employers indicate various penalties in the contract. It will be correct if this list fully complies with Article 137 of the Labor Code of the Russian Federation. All other types of write-offs from remuneration for work (for example, for not completing a work plan or being late) are considered illegal. But even with legal fines, not everything is so simple: the amount of all write-offs should not exceed 20% with one salary payment, less often this figure rises to 50%, and in exceptional cases - 70%.

Frequently asked Questions

Employers are interested in the most common questions:

What is the correct way to calculate hourly wages?

The employment contract must contain the tariff rate for the employee - dividing the minimum wage by the number of working hours for the billing period (no more than 40 per week). Including additional payments for experience, qualifications, etc. the cost of 1 hour may be more than the tariff rate, but not less.

It is important to indicate in the contract that with the improvement of the qualifications of the employee or the performance of more complex work, the tariff hourly wage naturally increases.

If the employer cares not only for hours worked, but also for the quality of work encouraged by bonuses, then the contract must fix the tariff rate, the amount of bonus payments and the conditions for their calculation.

Do you specify the frequency of payments?

According to 6 hours of Art. 136 of the Labor Code of the Russian Federation, the employer is obliged to indicate in the employment contract, labor regulations or the collective agreement the terms for the payment of wages. In this case, specific days of the month of payments are fixed.

The employer can set not one, but several days for issuance. The first day is specified as the desired date.

The employment contract must state that wages are paid two or more times a month, that is, the frequency, and specific dates are fixed either in the contract itself or in the LNA referred to in the contract.

In what cases can a gratuitous employment contract be concluded? How to issue it?

An agreement on unpaid work can be concluded in cases where free services are provided in a quality, appropriate manner, in order to specifically designate the obligations of the parties (carrying out work, transferring values).

This kind of contract is drawn up in the same way as typical paid employment contracts.

The only difference will be an additional paragraph, which will indicate that the services are provided by the employee without wages.

What is the salary for part-time workers?

If a salary of, say, 6,000 rubles is indicated for the position of a part-time job, then in this case the employment contract states that “this contract sets a salary of 3,000 (Three thousand) rubles for the Employee,” since the number of hours per day for work part-time worker should not exceed 4.

If a five-day working week is set, then we get 20 workers, which is 0.5 of the rate. Therefore, the salary is indicated in full, and wages - depending on the rate of the employee.