Wage payments. Terms of payment of wages. Sign an additional agreement

What new salary rules need to be reflected in the documents, how to calculate the salary payment period so that the inspector does not find fault with you, read in the article.

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Payment of wages under the new rules

The right of every worker to timely receiving a salary enshrined in Russian labor legislation. This means that the employee must receive payment for his work in a timely manner and in full. For the employer, the payment of wages to employees becomes one of the key responsibilities.

Payment procedure wages is quite strictly regulated by the Labor Code of the Russian Federation, which stipulates not only the conditions, but also the terms of settlement with employees. Not so long ago in Art. 136 Labor Code of the Russian Federation, regulating the procedure, place and terms of payment of wages, made additions that every employer should remember. Previously, the main condition was considered to be the need to give the staff earned money at least once every half a month, and in new edition additional specifics.

Important! From August 6, 2019, the minimum period for which an employee is required to notify the employer about changing the payroll bank has been increased. Now it's 15 calendar days until the next pay date. Previously, the deadline was 5 business days. This amendment was made to article 136 Labor Code. Therefore, change the section of the PWTR on the procedure for paying salaries.

The rules for transferring child benefits have also changed. From May 1, 2019, all employers are required to transfer the following types of benefits to the Mir card:

on pregnancy and childbirth;
when registering in the early stages of pregnancy;
at the birth of a child;
caring for a child up to 1.5 years.

The procedure and terms of payment of wages

Since the terms of payment of wages under the Labor Code are more stringent than a couple of years ago. The reason for this was the changes made to Art. 136, on the basis of Federal Law No. 272-FZ of July 3, 2016. In accordance with the amendments, the advance payment is supposed to be issued no later than the 30th day of the current month, and the salary no later than the 15th day of the next month.

Important! The salary accrued for March must be issued to the employee no later than April 15, earnings for April - no later than May 15, and so on. The advance payment for March must be paid no later than the 31st day of this month. More frequent than once every half a month, settlements with employees are not prohibited.

The norms of federal legislation do not regulate the ratio of such forms of salary as an advance payment and the main part. The parties to the employment relationship decide this issue at their discretion. But there are somewhat limited ones, which are reflected in the letters of the Ministry of Labor dated March 12, 2019 No. 14-2 / OOG-1663, dated April 18, 2017 No. 11-4 / OOG-718 and dated September 23, 2016 No. 14-1 / OOG-8532.

Constraint #1. The first part of the salary must be calculated in proportion to the hours worked and the amount actually earned for the first half month must be paid (letter of the Ministry of Labor dated February 05, 2019 No. 14-1 / OOG-549). Therefore, if an employee was sick or was on vacation in the first half of the month, salary cannot be calculated on these days. To avoid misunderstandings and disputes, it is recommended to prescribe the amount and procedure for paying the advance in local regulatory documents and familiarize employees with them.

The legislator does not set exact dates, leaving the employer to independently choose the most convenient days for payments within the period limited by the Labor Code. Paying an employee his wages pay slip needed in writing notify him not only of the total amount of the payment, but also of:

components of the salary accrued for the relevant period;
the size and grounds for deductions, if any;
amounts calculated in accordance with monetary compensation, vacation pay, severance pay and other payments due to the employee.

Constraint #2. Do not withhold personal income tax from the advance part. The day of receipt of income in the form of wages is the last day of the month (clause 2 of article 223 of the Tax Code). Therefore, according to the department, personal income tax can be withheld only at the end of the month in which the salary was accrued (letter of the Ministry of Labor dated February 5, 2019 No. 14-1 / OOG-549).

In order not to be mistaken with the terms of payment of salaries, two rules should be observed:

Rule number 1. The period between advance payment and salary should not exceed 15 calendar days
Rule number 2. The final payment is made no later than the 15th day of the new month.

Important! For some categories of employees, federal legislation may establish other terms for the payment of wages.

If we are talking about a large organization with a large number of structural divisions and a large staffing, the establishment of different dates for the issuance of salaries for different departments is allowed. The legality of such a decision is confirmed by the explanatory letter of Rostrud No. PG / 6310-6-1 dated 06/20/2014. At the same time, it should be taken into account that the difference between the terms of established payments should not be more than half a month, and the deadline for issuing is the 15th day of the month following the reporting one.

Table. Correspondence of the days of payment of salaries for the first and second parts of the month

The law does not qualify the establishment different days the issuance of wages for different categories of employees of the same organization as discrimination, the establishment of such a procedure does not entail any consequences.

How to specify pay days

For accrued wages, the specific dates of its payment, as well as the place of its issue, are approved by the employer and are reflected in local documentation, for example, in the "Rules of internal work schedule”, “Regulations on wages” and other regulatory acts. In addition, the terms of payment of wages can be established by a collective or employment contract.

The fact that in Art. 136 Labor Code of the Russian Federation the types of documents fixing the terms of payment of wages are listed separated by commas, which makes it possible to consider them equivalent. But it is more reliable, of course, to enter information into several documents, thereby protecting yourself from any claims in this regard from the regulatory authorities for the future.

Important! Reflecting in the employment contract the condition on the procedure and terms of remuneration, it is necessary to indicate the exact dates, and not time intervals. For example, if wages are paid on the 10th and 25th of each month, then write down the salary condition in the contract that way. In no case do not use the wording "from the 7th to the 12th and from the 23rd to the 28th of each month."

Specifying time intervals instead of specific dates is considered a serious violation labor law, as it automatically provides the employer with a wide field for violating the requirements Clause 6, Article 136 of the Labor Code of the Russian Federation. For example, having paid one part of the salary on the 8th and the other on the 27th of the current month, he will violate the norm on issuing money at least once every half a month.

What if, according to the calendar, the date of the next payment coincides with a weekend or non-working holiday? Such a coincidence is not considered a legitimate reason for. Therefore, it is necessary to pay the employee the amount due to him on the eve of the weekend or holiday, but not after.

Postponement of pay day

Changing payroll dates

When reviewing local regulations, it may turn out that the terms for paying wages previously established by the organization are no longer considered legal. For example, you find that the interval between the dates of the advance payment and the remaining part of the monthly salary is more than half a month. Another common mistake is the issuance of salaries for the past month after 16 or more days have passed since the beginning of the current month.

Errors of this kind must be corrected immediately. To this end, appropriate changes are made to the internal regulatory documentation of the employer, approved by a separate order. Additional agreements are concluded with employees on changing the terms of the employment contract in the manner prescribed Art. 72 of the Labor Code of the Russian Federation.

Additional agreement on changing the terms of remuneration

Important! In order not to have to conclude additional agreements with employees every time a change in the terms of payment of wages, it is enough initially, when drawing up an employment contract, to make a reference to a local normative act fixing these terms. Then, with the next postponement of the dates of receipt of salaries, it will be possible to confine ourselves to making changes to the normative act, reducing the amount of paperwork.

Responsibility of the employer for non-compliance with the terms of payment of wages

Since the supervisory authorities are closely monitoring employers' compliance with the terms of payment of wages in 2019, only strict compliance with the law will protect against claims and fines. Even if the employee himself asks to pay him a salary once a month, you should not go to meet him.

What is convenient for the parties to the employment contract is not always legal from the point of view of the court or the GIT inspector. Formally, any work that is not paid on time is considered forced, is regarded as a violation of the law and provides good grounds for applying administrative, material and civil liability measures to the employer.

Important! Delaying the issuance of a salary or part of it, even one or two days longer than the deadline, will subsequently have to pay additional amounts to the injured party. Each day of delay is compensated by an additional payment in the amount of at least 1/150 of the key rate of the Central Bank of the Russian Federation that was current at the time of the violation.

But the punishment doesn't end there. If we are talking about a long (more than 15 days) delay in payment, the employee has the right not to start working at all until the moment he receives his salary, having previously warned the employer about this. In this situation, the law will be on his side. For the entire time the employee is absent from work due to a long delay in salary, he retains his average earnings (the federal law No. 434-FZ of December 30, 2015).

In addition, the employee can initiate an investigation into the circumstances of the offense by applying to the court or the GIT. If the result confirms the fact salary delays at the enterprise, which is regarded as a violation of the property rights of employees, the employer may be required to pay a fine in the amount of:

from 1,000 to 5,000 rubles (the measure applies to the chief accountant of an organization and an individual entrepreneur);
from 30 to 50 thousand rubles (for organizations);
from 50 to 100 thousand rubles (for organizations in case of repeated non-compliance with the terms of payment of wages to personnel);
from 10 to 30 thousand rubles (in case of a repeated offense committed by an individual entrepreneur);
from 20 to 30 thousand rubles or deprivation of the right to hold a position for 1-3 years (for an accountant in case of a repeated offense).

Attention! Keep in mind that at the same time, employees will have to pay compensation for non-compliance with the deadline for issuing salaries, so the financial loss is sometimes very significant. In addition, the court may order the company to compensate the employee for non-pecuniary damage ( Article 151 of the Civil Code of the Russian Federation). According to Art. 392 of the Labor Code of the Russian Federation, the injured party has a whole year to file a claim for unpaid or delayed wages.

To transfer salary to an employee on time, accrue salary no later than 15 calendar days from the end of the period for which it was accrued. Write down the condition on the procedure and terms for paying salaries in the local act. Remember that under the new rules, the employer is obliged to comply with the employee's request to change the payroll bank, otherwise the company will face a fine.

Since the beginning of October 2016, new rules regarding the payment of wages have come into force. The noted changes are part of Federal Law No. 212-FZ, adopted on July 3 this year.

Terms of payment of salaries

The amendments made to the current legislation of the Russian Federation relate to Article 136 of the Labor Code, which describes the timing of the payment of earnings to employees. Until its recent approval, the noted article did not establish exact terms for recalculating wages, and only indicated to employers that the marked process should not occur less than 2 times a month.

Starting from October 2016, the procedure for accruing earned funds changes slightly. According to the same 136 of the Labor Code of the Russian Federation, the payment of wages must be carried out at least once every half a month and no later than the 15th. More precise terms for calculating the advance and the balance can be prescribed in the internal regulations, collective or employment agreement. Despite the fact that many employers already comply with the specified norm, they will have to check the contents of local regulations, all labor contracts of employees of enterprises, as well as their norms by the end of the year. If necessary, you will have to change the payroll period.

When is the best time to get an advance?

New law about salary in 2017 says that between both accruals of earned funds to an employee, no more than 15 days should pass. For example, if an organization accrues an advance to its employees on the 20th of each month, then the payment of wages should occur no later than the fifth day of the next working period. Only in this case will it be possible to comply with the requirements of the law. In case of violation of the regulations, administrative responsibility will have to be applied in the form of a fine of up to 50 thousand rubles.

It is important to note that wages can be paid earlier than the deadline specified in the law and this will not be considered a violation.

Employment contracts and local acts

Each employer will soon have to check all documents directly related to labor law. The fact is that most bosses prefer to prescribe in the relevant acts information on the exact terms of payment of salaries. It turns out that this is allowed by law, only such documents at any time must clearly comply with the decisions of the government. If the local act does not reflect the changes introduced, it will have to be redone and familiarize the employees with the amendments that have entered (under signature).

It is also possible that in the employment contract itself all the terms for paying salaries are indicated correctly. Then the employer does not need to do anything. However, in some situations, the payroll period according to the employment contract is set after the 15th force, or in the calculation period itself. In this case, the employer will have to fulfill a number of mandatory conditions.

Initially, each employee of the enterprise must be notified in writing that in the current labor contract the above changes are made. At the same time, according to Article 74 of Part 2 of the Labor Code of the Russian Federation, this should be done within 2 months. It turns out that the noted work had to be carried out no later than August 3, 2016.

2. Conclude supplementary agreement

The noted agreement between the employer and the employee will be enough to legally change the terms of payroll. There is no need to issue a special order for this.

3. Increasing the amount of the usual compensation in case of delayed payment of wages

If for some reason the terms of payment of wages are violated, the employer must be held liable. According to the amendments of October 3, the amount of monetary compensation that each employee can count on in case of late payment of wages is increased. This surcharge is charged in the form of interest on unpaid wages on time: 1/150 of the key rate of the Central Bank of the Russian Federation.

For example, the amount of salary arrears is 10 thousand rubles. The delay lasts 5 days. During this period, Russia had a refinancing rate of 10.5%. In this case, compensation for the forced delay is 35 rubles.

New fines for non-payment of wages

The amendments dated October 3, adopted for 2017, provide for an increase in the administrative fine due to late payment of wages. In order to clearly see how everything has changed now, it is better to set an example on the size of fines at the beginning of the year.

Type of	To whom is issued fine	Previous the size	New indicators
I violation	Executive	1,000 - 5,000 rubles	10,000 - 20,000 rubles.
	Individual entrepreneur	1,000 - 5,000 rubles	1,000 - 5,000 rubles
	Company	30,000 - 50,000 rubles.	30,000 - 50,000 rubles.
II violation	Executive	10,000 - 20,000 rubles.	10,000 - 20,000 rubles.
	Individual entrepreneur	10,000 - 20,000 rubles.	10,000 - 30,000 rubles
	Company	50,000 - 70,000 rubles.	50,000 - 100,000 rubles.

In addition to the fine described in the event of delayed payment of wages, the employer may also be fined if the wage level is below the minimum wage: from 20,000 to 50,000 rubles. It should be recalled that since the beginning of July 2016, the minimum wage has increased and now equals 7.5 thousand rubles. At the same time, if a certain minimum wage is set in a particular region, it is necessary to focus on it.

Time to defend your rights in court

In addition to the possibilities described, the amendment of the law of October 3, 2016 regulates the amount of time issued to employees to apply to the court to protect their rights in connection with the incomplete payment of wages.

The claim to the employer is filed within 12 months from the date of fixing the deadline for payment of these funds. Prior to the adoption of the amendment, employees were given only 3 months to do everything about everything. Speaking more globally, the government took care of increasing the statute of limitations for cases related to the payment of salaries.

conclusions

Based on the foregoing, it is necessary to summarize the very essence.

1. The second part of the salary must be provided to employees no later than the 15th day of the month worked.

2. Compensation for each day of delay in payment of wages is: 1/150 of the key rate of the Central Bank of the Russian Federation.

3. In case of discrepancy between the level of salary and the value of the minimum wage, the company faces a fine of 50 thousand rubles.

4. Repeated late payment of wages threatens the enterprise with a fine of 100 thousand rubles.

5. The period given to employees of the enterprise to start a business related to the payment of wages is extended to 12 months.

It remains only to deal with all the innovations for 2017 in more detail in order to always be fully armed.

The situation with wages in Russia by the middle of 2016 was very difficult - the debt on wage payments in the country amounted to a huge amount - 3.5 billion rubles. Despite the fact that the country has a good Labor Code that regulates the payment of wages and the responsibility of the employer for its delay, an additional law was required. The new salary law came into force in October 2016 and by 2017 it should gain momentum.

What does the new salary law guarantee?

First of all, the new law on wages will have to reduce the level of wage arrears in 2017. It also supplements the measures of protection of the rights of employees available in the Labor Code and toughens the responsibility of the employer for their violation.

So, what exactly is spelled out in the new law:

Once again, the terms of payment of earnings are stipulated. The salary must be paid in full to the employee no later than 15 days after the end of the period for which it is calculated. That is, for example, wages for January must be fully paid before February 15, etc. If this does not happen, the employer expects punishment from a fine to dismissal.
The period during which an employee can sue an employer for violating his rights is being extended. Now you can complain about any violations and demand their elimination within one year. That is, if, say, an employee was not paid a salary for January 2017 on February 15, then until February 15, 2018, he can file a lawsuit specifically for this violation. The same applies to any other violations.
It is clarified that a lawsuit can be filed both at the location of the workplace itself and at the location of the employer. That is, if the office of the organization is in Moscow, and the production is in Yekaterinburg, you can file a lawsuit in any of these cities.
The powers of the labor inspectorate are now expanding. In order to control how the employer fulfills his duties and whether he violates the rights of employees, Labour Inspectorate now has a lot more leverage.
The number and size of fines for the employer for any violation of the rights of the employee are increasing.
The fine for non-payment of wages stands apart - the maximum amount of such a fine is now 100 thousand rubles.

New teacher salary law in 2017

In principle, the new salary law also applies to teachers in 2017, as well as to all other working citizens. It seems that, taking into account the fact that teachers receive their salaries, as a rule, from the budget, a delay in payment awaits them only in the event of a catastrophic development economic situation. Another thing is the size of these salaries. As for the level of teachers' salaries, their indexation is scheduled for April 1, but its value is still unknown and, most likely, it will turn out to be lower than real inflation.

In general, as we can see, the state is trying to prevent the growth of discontent among the general population and is doing its best to keep the situation under control, including by introducing additional legislative measures. The legitimacy of the supreme power may turn out to be more fragile than it seems, therefore, to allow the situation of the 1990s and the fall in the rating of the president and government to similar topics times of level - death is like for a political regime. Therefore, at least in the matter of keeping the population above the poverty line and preventing the failure of the broad masses of the people below this line, the interests of the authorities and society definitely coincide.

At the beginning of October 2016, the the federal law No. 272-FZ, which regulates the procedure, place and timing of payment of wages, establishing a stricter responsibility of employers in the event of a debt. The norm will protect the rights of workers suffering from the actions of unscrupulous companies.

Payroll rules

The adopted law amended Art. 136 Labor Code, which regulates the terms of payment of wages in the Russian Federation. Previously, the norm did not contain an indication of specific terms for the transfer of earned funds, defining only its frequency, at least once every 15 days. Now an addition has appeared in it, which establishes that the salary for the first half of the month worked must be issued in the period from 16 to last number, a wage for the next half in the period from the 1st to the 15th of the next month.

This arrangement is in full accordance with the law. worker for timely salary and opportunities employers on the calculation and accrual of earned funds. Payment of wages ahead of schedule is not qualified as a violation of the law.

Labor inspectorate specialists are now authorized to carry out inspections immediately after receiving a complaint about non-payment of wages without waiting, as before, for the permission of the supervisory authority.

Responsibility for late pay

Federal legislation provides for tougher liability officials for non-payment of wages in the event of a primary violation. Now sum administrative fine for them will increase several times and amount to 10-20 thousand rubles. The next violation will result in greater penalties for all employers. According to the new rules, liability for violation of the terms of payment of wages will be:

for enterprises - fine 50-100 thousand rubles;
for officials - penalties in the amount of 20-30 thousand rubles or disqualification for up to three years;
for PBOYuL - penalties in the amount of 10-30 thousand rubles.

doubled by law compensation paid to an employee for late payment salaries. It is calculated as a percentage of the amount of delayed payments. Previously, the calculation of the amount was based on 1/300 of the key rate of the Central Bank, and now it is 1/150.

Employees who want to defend the violated rights in court, got the opportunity to file a claim within a year, and not three months as it was before. Changes were also made to the jurisdiction of cases - now a statement of claim can be filed at the place of residence.

The procedure for paying premiums

The terms of payment of wages in 2017 are determined by federal legislation, and bonuses and incentive payments are established by collective agreements, labor contract and local acts. They are paid not once every half a month, as a salary, but for rather large periods (month, quarter) in accordance with the criteria for evaluating labor results adopted by the organization. Therefore, there were no changes in the procedure for receiving such payments.

January 3rd, 2017 admin

The terms of payment of salaries from October 3, 2016 are determined by law no later than the 15th day of the next month. Amendments to the Labor Code of the Russian Federation and the Code of Administrative Offenses of the Russian Federation were introduced by Federal Law No. 272-FZ of July 3, 2016. Until that time, the company could set the date for the payment of wages on its own.

According to the newly adopted law, a ban on the issuance of wages less than every half a month is established. Thus, the salary should be issued twice a month (advance and salary).

What documents determine the date of payment of wages? The term for payment of wages can be determined by the following documents: internal labor regulations, collective agreements or employment contracts.

In accordance with Part 6 of Art. 236 of the Labor Code of the Russian Federation in the new edition. wages are paid no later than 15 calendar days from the end of the month for which they are accrued. Those. salary for February 2017, for example, must be issued no later than March 15th.

Based on part 6 of Art. 136 of the Labor Code of the Russian Federation, the employer is obliged to pay wages to employees at least once every half a month.

What should companies do with payroll due later than the 15th? To do this, you need to change the conditions in employment contracts with employees. Moreover, the date of the employment contract must be earlier than October 03, 2016.

Late pay penalties.

In 2016, administrative fines for non-payment of wages are determined on the basis of parts 1.4 of Art. 5.27 of the Code of Administrative Offenses of the Russian Federation. They are the same as those applied for other labor offenses:

— up to 50 thousand rubles for the first violation

- up to 70 thousand rubles for a second one.

Federal Law No. 272-FZ introduces a separate penalty for delaying wages, as well as a “progressive scale” for employee compensation.

In addition, new paragraphs 6 and 7 have been added to Article 5.27 of the Code of Administrative Offenses. These paragraphs define the following types of fines.

For partial or complete non-payment to an employee within the established salary period (if these actions do not contain signs of a criminal offense):

- a fine for an official is set at 10-20 thousand rubles,

- a fine for individual entrepreneurs - 1-5 thousand,

The company's fine is 30-50 thousand rubles.

This penalty is provided for delaying earnings and other payments within the framework of labor relations. When wages are set lower than those stipulated by labor legislation, fines are provided in the same amount.

What penalties threaten companies and individual entrepreneurs in case of repeated violation of the terms of payment of salaries?

In case of repeated violation, the following fines are provided:

- a fine to an official of 20-30 thousand or disqualification for a period of 1 to 3 years,

- a fine for individual entrepreneurs - 10-30 thousand,

- a fine for the company - 50-100 thousand rubles.

Compensation for late pay.

The employer is obliged to pay compensation to the employee for the delay in the payment of wages. The amount of compensation for late payment of wages is 1/150 of the key rate of the Central Bank.

Disputes about non-payment of wages and other payments are resolved in court, where employees can apply within a year from the date of the established payment period, including in case of non-payment upon dismissal (until October 03, 2016, the general period was 3 months from the date when it became known about rights infringement).

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New payroll dates for 2017

This year, there will be changes in the procedure for issuing wages. And in case of violations of the new rules, the employer expects higher penalties than before.

What exactly will change when the innovations come into force? What regulations need to be amended? What are the payroll dates for 2017? Read about all this and much more in this article.

Advance payment and salary: new and fixed terms

In June of this year, amendments were made to the legislation regulating the procedure and terms for the payment of wages. In particular, article 136 of the Labor Code of the Russian Federation has been amended. So far, it operates in the old version, which does not provide for a strict time frame for these payments. It is only said that remuneration by the employer should be made "at least every half a month."

In the new text of the document, this provision is preserved, and twice a month the employee is also credited with amounts of money: an advance payment and the actual “pay”. From October 3, 2016, when the innovation comes into force, an important clarification is added: the employee of the company must receive the money no later than the 15th day of the month immediately following the accounting month.

Earlier - it is possible, later - it is impossible. But even in the case when the law is formally observed, the internal regulations, the Collective Agreement or other regulatory documents must necessarily record one and only exact day when the employee will receive the money earned.

A very important nuance! Let's say the company's management issues a salary on the 14th of each month, and even included this item in required documents. And the advance pays ten days earlier. This will be considered a violation of the law, since an equal number of days must pass between one and the second payment, that is, the month will have to be divided exactly in two. In our case, the advance will fall on the 29th. Violation of this condition will result in a fine.

Documentation changes

Changes in the Labor Code of the Russian Federation in the terms of payment of salaries in 2017 required changes to a number of documents of organizations. Documents that fix the date of payment of the advance and pay may be the Labor Regulations, the Regulations on Remuneration, the Collective Agreement. On their basis, specific employment contracts are drawn up with employees.

company management in as soon as possible it was necessary to verify the postulates of the new edition of Article 136 of the Labor Code of the Russian Federation with those provisions that have so far been included in the organization's local regulations. And it is also required to familiarize all employees with the innovations, moreover, against signature.

Changes to each individual employment contract will have to be made by first sending a written notice to the employee. The letter must indicate the reasons for which the changes in the timing of material payments are made. And the law requires these notifications to be sent in advance, or more precisely, two months before the new procedure for assigning payments comes into force. That is, the management of the company had to inform subordinates about changes in the Labor Code before August 3, 2016 (two months before October 3).

Another necessary step: the conclusion of an additional agreement to the employment contract, which will stipulate new terms for the payment of wages. When this requirement is met, it is not even necessary to issue an appropriate order: once each employee is informed of the new information individually.

Penalties

It is impossible to violate the terms of payment of salaries from October 2016. Delays in payment are fraught with fines. They were previously provided as a measure of punishment, but now, that is, from October 3, 2016, the amount of penalties for most items has increased. So, for the primary violation of the deadlines, the head can be warned, as before. But they can also be fined from 10,000 to 20,000 rubles. For comparison: earlier this punishment was “estimated” at 1-5 thousand rubles. For individual entrepreneurs, the amount of the penalty remained the same: 1000-5000 rubles. For companies, it also remained the same: 30,000-50,000 rubles.

The approach of the regulatory authorities in cases of repeated violations is even stricter. The head of the firm may be disqualified for a period of one to three years. Or a fine of 20,000-30,000 rubles. against the previous 10,000-20,000 rubles. For individual entrepreneurs, "scissors" of 10,000-20,000 rubles were previously provided for in this situation. from now on, the maximum amount has increased to 30 thousand rubles. For companies, the initial "issue price" remains the same, 50 thousand rubles, and the upper bar has risen from the previous 70,000 to 100,000 rubles.

The terms for paying salaries in 2017 according to the Labor Code of the Russian Federation are only one side of the coin. In addition to complaints about the deadlines, the inspectors, and the employees themselves, may have questions about the size of the salary. By law, it cannot be lower than the minimum wage. Today, the minimum wage is 7500 rubles. And in some regions even higher. An organization that does not adhere to this regulation has the right to be fined 30,000-50,000 rubles.

Liability to employees

But that's not all. Article 236 of the Labor Code of the Russian Federation also establishes liability for late payments directly to employees of an enterprise or organization. And it has also been upgraded since October 2016.

Until October 2016, compensation to employees for late payment was calculated in the amount of 1/300 of the refinancing rate of the Bank of Russia for each day of delay. From the date of October 3, 2016, the calculation is based on the indicator of 1/150 of the key rate of the Central Bank of the Russian Federation. That is, the amounts will be twice as high.

Let's do the calculations using the previous formula. The initial data are as follows: a debt in the amount of 10,000 rubles, a delay in terms of 5 days, a refinancing rate for the delay period is 10.5%.

Extending Claims

As you can see, workers, office workers and other employees of companies are now more protected in terms of timely remuneration. The terms of payment of salaries from October 3, 2016 should be specified. It will be a little more difficult for the employer to comply with all the conditions prescribed by law.

Moreover, from the same day, from October 3 of the current year, the deadline for filing statements of claim to court. Previously, there was practically no time for reflection and buildup: the claim had to be sent to court no later than three months from the date of payment, which turned out to be “outlawed”.

Now the statute of limitations has grown to a year. That is how much time is left for the employee in respect of whom the violation occurred. This innovation is recorded in article 392 of the Labor Code of the Russian Federation.

Remember these numbers

Summarizing the above, we draw your attention to the most important figures:

15th day of the month following the settlement month - the deadline for the payment of the second part of the salary;
1/150 of the key rate of the Central Bank for the delay period - compensation payments for one day of delay in wages;
1 year - the deadline for an employee to file a lawsuit for delayed wages;

50,000 - a fine for setting a salary below the minimum wage. . 100,000 rubles is a new punishment for a company that repeatedly violates the law regarding the timing of payments.

Article comments

Article 136 of the Labor Code of the Russian Federation. Procedure, place and terms of payment of wages

New edition Art. 136 Labor Code of the Russian Federation

When paying wages, the employer must notify each employee in writing of:

1) on the components of wages due to him for the relevant period;

2) on the amounts of other amounts accrued to the employee, including monetary compensation for violation by the employer of the established deadline, respectively, payment of wages, vacation pay, payments upon dismissal and (or) other payments due to the employee;

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

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

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

Wages are paid to the employee, as a rule, at the place of work or transferred to the credit institution specified in the employee's application, on the terms determined by the collective agreement or labor contract. The employee has the right to change the credit organization to which the wages are to be transferred by notifying the employer in writing of the change in the details for the transfer of wages no later than five working days before the day of payment of wages.

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

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

Wages are paid at least every half a month. The specific date for the payment of wages is established by the internal labor regulations, the collective agreement or the employment contract no later than 15 calendar days from the end of the period for which it is accrued.

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

Holidays are paid no later than three days before the start of the holiday.

Commentary on Article 136 of the Labor Code of the Russian Federation

Conditions of remuneration, such as the place and timing of payment of wages, are essential conditions labor contract. This follows from Article 57 of the Labor Code of the Russian Federation.

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

In this case, it is enough to make a reference to such a document in the employment contract.

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

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

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

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

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

According to paragraph 1 of Article 421 of the Civil Code of the Russian Federation. citizens and legal entities free to enter into a contract. Coercion to conclude an agreement is not allowed, except in cases where the obligation to conclude an agreement is provided for by the Civil Code of the Russian Federation. by law or voluntarily assumed obligation. Therefore, the employer cannot oblige the employee to conclude a bank account agreement for the transfer of wages.

And further. Wages are paid directly to the employee, unless another method of payment is provided for by law or an employment contract. For example, in the case when an employee is on a business trip, the amounts of wages can be sent to him by postal or telegraphic transfer.

The Labor Code establishes the obligation of the employer to notify each employee in writing of the constituent parts of the wages due to him for certain period. The form of the payslip is approved by the employer independently, taking into account the opinion of the representative body of the employee.

Article 136 of the Labor Code of the Russian Federation establishes that wages are paid at least every half a month on the day established by the internal labor regulations of the organization, the collective agreement, the employment contract.

Often, employers do not want to pay salaries twice a month, and for this they collect statements from employees (on a voluntary-compulsory basis) that they want to receive wages at a time once a month. In addition, this procedure is often fixed in collective and labor agreements.

However, even in this case, organizations are not immune from the fact that, in the event of an inspection, the labor inspectorate will fine the organization for violating labor laws, because the Labor Code clearly states that wages must be paid at least every half a month.

Even in the event that employees agree to receive wages once a month and have submitted relevant applications to the organization, the organization is not entitled to pay wages less than every half a month.

In addition, in the event that conditions for the payment of wages less than every half a month are included in an employment or collective agreement, such conditions will be considered invalid on the grounds that they worsen the position of employees compared to labor legislation.

Please note: according to Article 5.27 of the Code of Administrative Offenses of the Russian Federation, violation of labor legislation and labor protection entails the imposition of an administrative fine on officials in the amount of five to fifty minimum dimensions wages. Moreover, violation of labor legislation and labor protection by a person previously subjected to administrative punishment for a similar administrative offense, entails disqualification for a period of one to three years.

Specific days for the payment of wages must be established by an employment contract or a collective agreement and cannot be changed unilaterally.

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

Holidays must be paid no later than three days before the start of the holiday.

Other terms for the payment of wages may be established only for certain categories of employees and only on the basis of federal laws.

Another commentary on Art. 136 of the Labor Code of the Russian Federation

1. The provisions of Art. 136 of the Labor Code of the Russian Federation comply with the requirements of the ILO Convention N 95 "On the protection of wages".

2. Article 136 of the Labor Code of the Russian Federation introduces the obligation of the employer to issue a pay slip to the employee. The payslip must contain the following information:

- on the structure of wages (established official salary, tariff rate, allowances, additional payments, incentive payments, payments for work in special conditions, awards);

- on the amount and grounds for deductions made (for tax with individuals; on the recovery of alimony and other amounts on the basis of court decisions; for reimbursement of unworked advance payment on wages; on repayment of unspent and unreturned advance payment; on the return of overpaid amounts; for reimbursement material damage caused to the employer; on the return of a loan issued by the employer; by order of the employee, etc.);

New salary payment terms in 2016-2017

The new Federal Law No. 272-FZ dated June 3, 2016 amended the terms for paying salaries in 2016. The changes come into effect on October 3, 2016. Amendments were made to the current legislation, according to which salaries cannot be issued later than the 15th day of the month following the settlement month. The following important changes should also be highlighted:

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

The purpose of our material today is to help employers prepare for these changes in a timely manner. We will tell you how to bring labor Relations with employees in accordance with the changed legislation.

New terms of payment of salaries 2016 according to the Labor Code of the Russian Federation

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

The terms of payment of salaries from October 2016 will be regulated. In accordance with Art. 136 of the Labor Code of the Russian Federation, as before, wages will have to be paid at least once every two weeks. At the same time, now the article will clarify that the payment of salaries should occur no later than the 15th day of the next month.

The specific terms of payment of wages from October 3, 2016 will have to be indicated in the labor and collective agreements, internal labor regulations.

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

Salary and advance

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

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

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

Checking local regulations

Specific terms for the payment of wages in many enterprises are reflected in the Rules of the labor schedule and in the Regulations on wages. The new 2016 salary timing law does not prohibit this. However, by the time the law comes into force, the terms of payment must be brought into line with the requirements of this law.

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

Verification of employment contracts

The situation is similar with labor and collective agreements. They should reflect the new terms of payment of salaries in 2016. It is possible that their content already fully complies with the requirements of the new law. But it is possible that the contract allows the payment of wages later than the 15th of the next month, for example, on the 20th. It may also turn out that the interval between the payment of the advance payment and the payment of wages is more than 15 days.

According to the legislative changes under consideration, these are violations. The employer must make appropriate changes to employment contracts by October 3, 2016.

Notifying employees of changes

To make appropriate changes to the employment contract, it is necessary to send the employee a written notice of changes in the terms of the employment contract. The notice must list the changes to the contract, indicating specific reasons and grounds. AT this case the notification will contain new terms for the payment of wages in 2016 according to the Labor Code of the Russian Federation.

At the same time, in accordance with Part 2 of Art. 74 of the Labor Code of the Russian Federation, the notification must be sent to the employee no later than two months before the changes are made. Thus, in order to amend the employment contract by October 3, 2016, notifications to employees must be sent before August 3, 2016.