A mandatory condition of the employment contract is the amount of the official salary. We develop an employment contract with piecework wages
Employment contract (relationships) in terms of wages
One of the mandatory conditions for inclusion in an employment contract is the terms of remuneration (including the size of the tariff rate or salary ( official salary) employee, additional payments, allowances and incentive payments).
About what forms and systems of remuneration are provided for by law Russian Federation, in what terms wages should be paid, as well as what kind of employer's responsibility is provided for violations of these terms, we will tell in this article.
According to Articles 21 and 22 Labor Code Russian Federation (hereinafter referred to as the Labor Code of the Russian Federation), an employee has the right to timely and full payment of wages in accordance with his qualifications, the complexity of work, the quantity and quality of work performed, and the employer is obliged to 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, internal labor regulations, labor contracts.
Thus, the payment of wages is the basic right of the employee and the main obligation of the employer.
Based on Article 129 of the Labor Code of the Russian Federation, wages (remuneration of an employee) are 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(surcharges and allowances of a compensatory nature, including for work in conditions that deviate from normal, work in special climatic conditions and in territories exposed to radioactive contamination, and other payments of a compensatory nature) and incentive payments (additional payments and allowances of a stimulating nature, bonuses and other incentive payments).
By virtue of Article 135 of the Labor Code of the Russian Federation, an employee's salary is established by an employment contract in accordance with the wage systems in force for a given employer. In accordance with Part 2 of Article 135 of the Labor Code of the Russian Federation, the remuneration system, including the size of tariff rates, salaries (official salaries), additional payments and allowances of a compensatory nature, including for work in conditions that deviate from normal, the system of additional payments and allowances of a stimulating nature and the system bonuses are established by collective agreements, agreements, local regulations in accordance with labor legislation and other regulatory legal acts containing the norms labor law.
According to Article 57 of the Labor Code of the Russian Federation, an employment contract must necessarily include a condition for remuneration (including the size of the tariff rate or salary (official salary) of the employee, additional payments, allowances and incentive payments).
Thus, the amount of wages, including the size of the tariff rate or salary (official salary), additional payments, allowances and incentive payments, is prerequisite the employment contract of each employee, determined by agreement of the parties in accordance with the current employer's collective agreement, agreement, local regulations.
Pay systems
Currently, the most widely used time-based, piecework and commission systems of remuneration. Each employer independently establishes the system of remuneration. In addition to these, other systems of remuneration may be provided.
Time (tariff) system of remuneration
With time-based (tariff) wages, the employee's wages are determined on the basis of the time actually worked by him and the tariff rate (salary). At the same time, the tariff rate should be understood as a fixed amount of remuneration for an employee for fulfilling a labor norm of a certain complexity (qualification) per unit of time without taking into account compensatory, incentive and social payments (Article 129 of the Labor Code of the Russian Federation).
According to Article 143 of the Labor Code of the Russian Federation, tariff wage systems are wage systems based on the tariff system of differentiation of wages of workers various categories.
The tariff system for differentiating the wages of employees of various categories includes: tariff rates, salaries (official salaries), tariff scale and tariff rates.
Tariff wage systems are established by collective agreements, agreements, local regulations in accordance with labor legislation and other regulatory legal acts containing labor law norms. Tariff systems of remuneration are established taking into account the unified tariff qualification handbook works and professions of workers, a unified qualification directory of positions of managers, specialists and employees or professional standards, as well as taking into account state guarantees for wages.
The main types of time (tariff) wages are:
- simple time-based;
- time bonus.
With a simple time wage, the employee's wage is calculated based on the tariff rate or official salary in accordance with staffing organization and the amount of time worked by the employee.
If during the month the employee has worked all the working days, then the amount of his salary will correspond to his official salary.
If the employee has not completed all work time, then wages will be charged only for the hours actually worked.
Some employers use hourly and daily forms of wages as varieties of the time system. In this case, the employee's earnings are determined by multiplying the hourly (daily) wage rate by the number of hours (days) actually worked.
Time-bonus wages provide for the accrual and payment of a bonus determined as a percentage of the official salary (tariff rate) on the basis of the developed regulation on bonus payments to employees, a collective agreement or an order (instruction) of the head of the organization.
Please note that, as a rule, the time-based remuneration system is used for remuneration of the management personnel of the organization, employees of auxiliary and service industries, as well as part-time workers.
piecework wage system
With piecework wages, wages are accrued to the employee based on the final results of his work, which is an incentive for the employee to increase labor productivity. In addition, with such a system of remuneration, it is possible not to control the expediency of using working time by employees, since each employee is interested in production. more products.
The basis for the calculation of piecework wages is taken as a piece rate, which is the amount of remuneration payable to an employee for manufacturing a unit of output or performing a certain business operation.
Depending on the method of calculating wages, the piecework wage system is divided into:
- direct piecework;
With such remuneration, remuneration to the employee is accrued for the work actually performed at the established piece rates;
- piece-progressive;
With this form of remuneration, the employee's wages for the manufacture of products within the established norm are determined at the established piece rates, and for the manufacture of products in excess of the norm - at higher prices;
- indirect piecework.
As a rule, indirect piecework wages are applied to workers performing auxiliary work in servicing the main production. With this form of remuneration, the employee's wages depend on the result of the labor of workers in the main production, and not on his personal output;
- chord.
Lump-sum remuneration implies that for a team of workers or an individual employee, the amount of remuneration is set for a set of works, and not for a specific production operation.
Depending on the method of organizing work, piecework wages are divided into individual and collective (team).
With individual piecework wages, the employee's remuneration for his work depends entirely on the quantity of products produced individually, its quality and piecework rates.
With a collective (brigade) piecework wage, the wages of the entire brigade are set taking into account the actual work performed and its rates, and the remuneration of each employee of the brigade (team) depends on the volume of products produced by the entire brigade and on the quantity and quality of his labor in the total amount of work.
Commission system of remuneration
Such a system of remuneration is currently widely used in organizations engaged in trade operations, providing services to the population, and so on. An employee's earnings under a commission wage system are determined as a fixed (percentage) income from sales.
There are many varieties of the commission form of remuneration, coordinating the remuneration of employees with the effectiveness of their activities. The choice of a specific method depends on what goals are set for the organization, as well as on the specifics of the market, the characteristics of the product being sold, and other factors.
Forms of remuneration
According to part 1 of article 131 of the Labor Code of the Russian Federation, wages are paid in cash in the currency of the Russian Federation - in rubles.
Note!
As practice shows, the employer may have a question: is he entitled to establish wages in conventional units in employment contracts or foreign currency? For an answer, let's turn to the letter of Rostrud dated October 10, 2006 No. 1688-6-1. The letter says that the payment of wages in the territory of the Russian Federation in foreign currency is not provided for by the current labor legislation. In this regard, in employment contracts with employees, wages should be set in rubles.
The establishment of wages in the ruble equivalent of the amount in foreign currency in labor contracts, according to Rostrud, will not fully comply with labor legislation, and in certain conditions will infringe the rights of workers.
In this regard, Rostrud believes that the establishment of an official salary in foreign currency in employment contracts can be regarded as a violation of labor legislation.
A similar opinion was expressed in letters dated June 24, 2009 No. 1810-6-1, dated March 11, 2009 No. 1145-TZ.
On the basis of part 2 of Article 131 of the Labor Code of the Russian Federation in accordance with a collective agreement or an employment contract, upon a written application of an employee, remuneration may be made in other forms that do not contradict the legislation of the Russian Federation and international treaties of the Russian Federation. At the same time, it should be taken into account that the share of wages paid in non-monetary form cannot exceed 20% of the accrued monthly wage.
Note!
Plenum Supreme Court of the Russian Federation, in paragraph 54 of the Resolution of March 17, 2004 No. 2 "On the application by the courts of the Russian Federation of the Labor Code of the Russian Federation" (hereinafter referred to as the Resolution of the Plenum of the Supreme Court of the Russian Federation No. 2) indicated that when resolving disputes arising in connection with the payment to an employee wages in non-monetary form in accordance with a collective agreement or an employment contract, it must be borne in mind that the payment of wages in this form can be recognized as justified if the following legally significant circumstances are proven:
- there was a voluntary expression of the will of the employee, confirmed by his written application, for the payment of wages in non-monetary form. At the same time, Article 131 of the Labor Code of the Russian Federation does not exclude the right of an employee to express consent to receive part of the salary in non-monetary form both with this particular payment and within a certain period (for example, within a quarter, year). If the employee has expressed a desire to receive part of the wages in kind on certain period, then he has the right to refuse this form of payment before the end of this period, in agreement with the employer;
– wages in non-monetary form were paid in an amount not exceeding 20% of the accrued monthly wage;
– payment of wages in kind is common or desirable in these industries, types of economic activity or professions (for example, such payments have become common in the agricultural sector of the economy);
- such payments are suitable for the personal consumption of the employee and his family or bring him some kind of benefit, bearing in mind that the payment of wages in bonds, coupons, in the form of promissory notes, receipts, as well as in the form of alcoholic beverages is not allowed, narcotic, poisonous, harmful and other toxic substances, weapons, ammunition and other items in respect of which there are prohibitions or restrictions on their free circulation
- when paying wages to an employee in kind, the requirements of reasonableness and fairness are met in relation to the value of goods transferred to him as wages, that is, their value in any case should not exceed the level of market prices prevailing for these goods in a given area during the period of accrual payments.
On the basis of Article 136 of the Labor Code of the Russian Federation, 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. Keep in mind that the employee has the right to change the credit institution to which wages are to be transferred by informing the employer in writing about 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. Specific terms for payment of wages are established by the internal labor regulations, the collective agreement, the labor contract.
Note!
The letter of the Ministry of Labor of Russia dated November 28, 2013 No. 14-2-242 states that the Labor Code of the Russian Federation establishes a requirement for the maximum allowable interval between wage payments when regulating the issue of specific terms for its payment in a local regulatory act, a collective agreement, employment contract. It follows from this requirement that the interval between payments should not exceed half a month, while there is no link to the calendar month, and the possibility of paying wages to all employees more often than the corresponding interval is not limited.
According to the Ministry of Labor of Russia, if not a specific day of payment of wages is determined, but a period during which payment can be made, the fulfillment of this requirement will not be guaranteed.
Liability for delayed payment of wages
For the delay in the payment of wages and other payments due to the employee, Article 236 of the Labor Code of the Russian Federation establishes the liability of the employer. So, according to the specified article in case of violation by the employer due date payment of wages, the employer is obliged to pay it with interest ( monetary compensation). Monetary compensation is paid for each day of delay, starting from next day after the due date of payment up to and including the day of actual settlement. The amount of compensation must not be less than one three hundredth of the refinancing rate of the Central Bank of the Russian Federation in force at that time from the amounts not paid on time.
Example
In the employment contract, the organization establishes that wages are paid twice a month:
20th day of the current month - advance payment;
5th day of the next month - salary.
Compensation for late payment of wages is determined based on 1/300 of the refinancing rate of the Central Bank of the Russian Federation.
The employee's salary for May 2015 is 50,000 rubles.
Under the conditions of the example, the paid wages are delayed for 10 days.
The refinancing rate of the Central Bank of the Russian Federation at the time of payment was 8.25%.
We calculate the amount of compensation:
(30,000 x 8.25%) / 300 x 10 days = 82.5 rubles.
Note that the amount of monetary compensation paid to an employee can be increased by a collective agreement, a local regulatory act or an employment contract. The obligation to pay the specified monetary compensation arises regardless of the fault of the employer (Article 236 of the Labor Code of the Russian Federation).
It should be emphasized that in this case the employer compensates the employee not for direct actual damage, but for a kind of lost profit, that is, compensates for the losses that the employee may incur due to the fact that wages were not paid on time.
If the day of payment coincides with a day off or a non-working holiday, payment of wages is made on the eve of this day (Article 136 of the Labor Code of the Russian Federation). That is, if the date of payment of wages on internal rules the organization fell on Saturday or Sunday, then its payment on the following Monday is a delay and the employee has the right to demand payment of monetary compensation for the delay in paying wages.
It should be noted that when calculating the amount of monetary compensation for late wages, all calendar days are taken into account. Therefore, if the period of delay includes weekends and holidays, then they are also taken into account when calculating the amount of compensation for delayed wages.
Please note that in the event of a dispute arising from the refusal of the employer to pay the employee interest (monetary compensation) for violation of the deadline for paying wages, the court, according to the explanations given in paragraph 55 of the Resolution of the Plenum of the Supreme Court of the Russian Federation No. 2, has the right to satisfy the claim regardless from the fault of the employer in delaying the payment of the specified amount. Moreover, if a collective agreement, a local regulatory act or an employment contract determines the amount of interest payable by the employer in connection with the delay in paying wages, then the court must calculate the amount of monetary compensation taking into account this amount, provided that it is not lower than that established by Article 236 of the Labor Code of the Russian Federation .
On the basis of Article 142 of the Labor Code of the Russian Federation, if wages are delayed for a period of more than 15 days, the employee has the right, by notifying the employer in writing, to suspend work for the entire period until the payment of the delayed amount. Moreover, by virtue of paragraph 57 of the Resolution of the Plenum of the Supreme Court of the Russian Federation No. 2, an employee can suspend work, regardless of the employer's fault in non-payment of wages. Please note that an employee can exercise this right only if he does not belong to the category of workers who are not allowed to suspend work by the Labor Code of the Russian Federation.
It should be noted that the head of the organization, as well as other officials who have delayed the payment of wages, may be subject to disciplinary liability on the basis of Article 195 of the Labor Code of the Russian Federation.
Recall that according to this article, the employer is obliged to consider the statement of the representative body of employees about the violation by the head of the organization, the head of the structural unit of the organization, their deputies of labor legislation and other acts containing labor law, the terms of the collective agreement, agreement and report the results of its consideration to the representative body workers.
In the event that the fact of a violation is confirmed, the employer is obliged to apply to the head of the organization, the head of the structural unit of the organization, their deputies disciplinary action up to and including dismissal.
In addition, persons who have delayed the payment of wages may be involved:
- to administrative responsibility in accordance with Article 5.27 of the Code of the Russian Federation on Administrative Offenses (hereinafter referred to as the Code of Administrative Offenses of the Russian Federation).
Note that by virtue of the named article, namely paragraph 1, violation of labor legislation and other regulatory legal acts containing labor law norms, unless otherwise provided by paragraphs 2 and 3 of article 5.27 and article 5.27.1. Code of Administrative Offenses of the Russian Federation, entails a warning or the imposition of an administrative fine:
- for officials in the amount of 1,000 to 5,000 rubles;
- for persons carrying out entrepreneurial activity without forming a legal entity - from 1,000 to 5,000 rubles;
- on legal entities- from 30,000 to 50,000 rubles.
Repeated commission by a person previously subjected to administrative punishment for a similar administrative offense shall, on the basis of paragraph 4 of Article 5.27 of the Code of Administrative Offenses of the Russian Federation, entail the imposition of an administrative fine:
- for officials in the amount of 10,000 to 20,000 rubles or disqualification for a period of one to three years;
- for persons engaged in entrepreneurial activities without forming a legal entity - from 10,000 to 20,000 rubles;
- for legal entities - from 50,000 to 70,000 rubles;
– to criminal liability in accordance with Article 145.1 of the Criminal Code of the Russian Federation.
On the basis of this article, partial non-payment of more than three months of wages and other payments established by law, committed out of selfish or other personal interest by the head of the organization, by the employer - an individual, the head of a branch, representative office or other separate structural unit of the organization, is punishable:
- a fine in the amount of up to 120,000 rubles or in the amount of the wage or other income of the convicted person for a period of up to one year;
- deprivation of the right to hold certain positions or engage in certain activities for up to one year;
– forced labor for up to two years;
- Imprisonment for up to one year.
At the same time, partial non-payment of wages and other payments established by law means making a payment in the amount of less than half of the amount payable.
Complete non-payment of more than two months of wages and other payments established by law or payment of wages for more than two months in an amount below the minimum wage established by federal law, committed out of selfish or other personal interest by the head of an organization, an employer - an individual, the head of a branch, representative office or another separate structural subdivision of the organization shall be punished;
- a fine in the amount of 100,000 to 500,000 rubles or in the amount of the wage or other income of the convicted person for a period of up to three years;
- forced labor for up to three years with or without deprivation of the right to hold certain positions or engage in certain activities for up to three years;
- Imprisonment for up to three years with or without deprivation of the right to hold certain positions or engage in certain activities for up to three years.
If non-payment (partial or complete) caused serious consequences, the head of the organization, the employer - individual, the head of a branch, representative office or other separate structural subdivision of an organization shall be punished:
- a fine in the amount of two hundred thousand to five hundred thousand rubles or in the amount of the wage or other income of the convicted person for a period of one to three years;
– imprisonment for a term of two to five years with or without deprivation of the right to hold certain positions or engage in certain activities for a term of up to five years.
At the end of the article, it should be noted that the employer, in order to establish the procedure for paying wages, introduce a wage system and a bonus system, incentive bonuses and allowances, must develop and approve an appropriate internal document. This may be, for example, the Regulation on bonuses, the Regulation on allowances, the Regulation on remuneration, or a specific employment contract, in which it is necessary to prescribe all the conditions for remuneration.
However, it is not very convenient to prescribe the terms of remuneration in the employment contract of each employee, therefore, it can be recommended to create a single document, which can be called the "Regulation on remuneration". This document includes clauses about bonuses and allowances, about other features of the payment of wages to employees.
The payment of wages must be prescribed in the employment contract. It is necessary to establish a clear amount of salary in the employment contract. Otherwise, such an agreement is considered incorrectly drawn up. The employee will definitely have complaints. Consider common mistakes guides.
The payment of wages in the employment contract must be mentioned. And not indirectly, but to describe a clear amount of salary in the employment contract. And many managers are trying to push a certain amount of salary onto the staffing table. They write the following phrase: "The salary is set according to the staffing table." This is not true. The phrase in the employment contract must be affixed: "A salary of 20,000 rubles is set."
Also, if there is an additional agreement, then it also mentions payments, as in the employment contract. The amount of salary cannot be lower than the minimum wage. In 2013, it was 5205. What you can find out from the table at the moment.
If the employment contract indicates that bonuses and bonuses will be due to the main amount of the salary, then it is necessary to indicate a link to a document proving this. For example, the provision on bonuses. On what day the bonus is issued, and in what amount. If all this is indicated on paper, then one cannot simply take and one day not give out all the allowances due to the employee. If payments are not prescribed, but only a net salary, then there will be no problems with the bonus. When the employer wanted then and issued.
Payment of wages in the employment contract must be spelled out, bonuses can not be mentioned. But if the employer enters a similar phrase - "At the end of the month, a bonus of 10,000 rubles is necessarily paid." A dangerous phrase in the contract and the employer will be obliged to pay this amount in addition to the salary, even if he has problems with money. If he indicates, "The bonus is due if the income for the year does not exceed 100,000 rubles." That is, if the paid part is greater, then he will not pay the premium. If both parties agree, an employment contract is signed.
When to pay salaries, designation in the employment contract
Specify two dates. According to the law of the Labor Code, wages are paid twice a month, for example, on the fifth day and the twentieth day.
If after reading this article you have not received a definitive answer, seek quick help:Many employers think that specifying a part of the salary in the work agreement is not a mandatory action, therefore, they indicate a link to another agreement where the issue of employee remuneration is indicated. For example, a link to the staffing table. The main question that occurs in many organizations is how to write a document correctly?
Article 57 of the Labor Code of the Russian Federation states that it is necessary to prescribe the rate in the employment contract itself, concluded on an individual basis. The fixed salary is indicated exclusively in rubles. According to this article, any agreement between the subordinate and the employer must contain the conditions for remuneration of the employee.
How is the salary specified in the employment contract?
The employee's salary and issues related to additional payments are necessarily noted in the employment contract and drawn up in accordance with the law. In the event that the organization intends to provide increments to piecework wages to increase the productivity of employees, then in the working agreement it is necessary to refer to the relevant regulations. In the absence of internal regulations in the company, the document must specify all additional charges, as well as the reasons for which these funds are paid.
The terms for payment of wages in an employment contract are regulated by article 136 of the Labor Code of the Russian Federation. According to this law, there must be a period of 15 days between salary and advance payments. However, in some cases, by agreement of the participants, another option for providing wages may be noted. It should be borne in mind that any clauses indicated in the employment contract should not contradict the Labor Code of the Russian Federation.
How to register the salary of a part-time worker in an employment contract?
The salary in the employment contract of the part-time worker must be reflected in full. Payment for professional activity is a fixed amount of payments for the work performed to an employee for the entire month. This amount does not include additional payments that are provided for in the organization, article 129 of the Labor Code of the Russian Federation.
The paragraph of the working agreement, which notes the issues of remuneration, should reflect all the nuances this issue. In case of part-time work, the duration of the employee's activity should not be more than 4 hours a day, this is stated in Art. 284 of this Code. Therefore, a subordinate, in a combined position, does not work established norm in full. It follows from this that earnings are calculated based on hours worked.
What salary should be indicated in a part-time employment contract?
Based on the content of the Labor Code of the Russian Federation, the conditions for providing the employee's salary, bonuses, compensations and other additional payments, as well as the nature of the employee's work, must be contained in the main agreement.
Payment for the work of persons who work part-time is made:
- According to the calculation of the worked period;
- By the period of production;
- According to the conditions specified in the working agreement.
Part-time work means part-time work free time from doing the main work activities in order to receive additional payment.
How to amend the employment contract when changing the salary?
In the event that the conditions for payment change, the employer must comply with the procedure specified in the legislation. When decreasing total amount disagreements arise between employees and the manager. Therefore, the employer must be aware that a reduction in salary for the work performed can be made if organizational or technological reasons arise. For example, due to the reduction of working hours.
How to draw up an additional agreement to an employment contract on salary changes?
Payments for the performance of work, such as wages, bonuses, compensation, etc., are essential conditions for a working relationship. Therefore, these provisions must necessarily be included in the agreement of the parties. If the management initiates amendments to the provisions of the employment contract regarding the payment of the activities of employees, then an additional agreement is drawn up, which indicates the new rate.
The following information should be reflected in the content of the submitted act:
- Data of the participants in respect of which the changes are made;
- When changing the paragraph regarding payment professional activity, only this provision is subject to adjustment;
- A clear digital amount of the new salary.
The start of the agreement must coincide with the start of the new staffing table. The execution of the relevant document is accompanied by the issuance of an order.
Supplementary agreement to the employment contract on changing salary - sample
In an additional document to the working act, the following must be indicated:
- The number of this document;
- Details of the main agreement, to which an additional act is drawn up;
- Dates and place of registration of additional documentation;
- Signatures of all participants in the process.
- An agreement to change the part relating to the remuneration of an employee must be concluded in two copies.
When carrying out professional activities great importance has a question regarding wages. In accordance with legislative norms, this aspect must necessarily be covered in the working agreement between the worker and the employer. It is important to bear in mind that the relevant aspects should not be contrary to the legal provisions.
In any employment contract, it is imperative to prescribe how much the employee will receive and on what conditions. This is required by article 57 of the Labor Code of the Russian Federation. If this rule is neglected, you and your management may be in trouble. Claims are not excluded both from the side of the inspectors and from the side of employees.
We will tell you what mistakes to avoid when formulating the terms of remuneration. Check if everything is so in your contracts with employees. And if you suddenly see that some point needs to be corrected, fix the change in an additional agreement with the employee.
Mistake 1. They don't specify the amount of salary in the contract.
Some employers believe that it is not at all necessary to indicate the salary in numbers in the employment contract. And they make a link to another document where this amount is indicated. Most often - on the staffing table.
You can't do that. After all, Article 57 of the Code expressly states that the contract must necessarily indicate the amount of salary or tariff rate. And this is always a fixed value, expressed in rubles. So the representatives of Rostrud think so, as they said in a letter dated December 24, 2007 No. 5275-61.
Example 1: How to correctly write down the amount of salary in an employment contract
S. P. Vasilkov was hired as a driver at Buket LLC. According to the staffing table, he was given a salary of 30,000 rubles.
How to correctly indicate the salary of an employee in an employment contract, we clearly showed below. But how best not to do it, you will see next. And you can compare both options.
Right
The contract must specify the amount of salary in rubles.
By the way, a specific amount in rubles must also be written in an additional agreement by which you set a new salary.
Plus, do not forget that the employee's salary should not be lower than the federal minimum wage. Under no circumstances. This is directly stated in Article 133 of the Labor Code of the Russian Federation.
Recall that minimum size wages is 7500 rubles. And here it takes into account total income employee per month. That is salary and other benefits.
But it is not necessary to fix the specific amounts of allowances and additional payments in the employment contract. If you wish, you can provide for them in some separate local regulatory act, for example, in the regulation on wages. In the contract itself, it is enough to give a link to this document (read more about this below).
Error 2. Having divided the salary into the main salary and bonuses, they forget to prescribe the conditions for such allowances
As you know, the manager can assign employees various allowances and bonuses to the salary. In a word, incentive payments. And often such bonuses become part of the monthly salary. The director argues as follows: if anything, at any time it will be possible to give the employee only a salary. And forget about the surcharge.
Yes, bonuses and the truth can not be paid. But this is only in the case when in the employment contract itself or in some separate local document (for example, in the provision on bonuses), you have fixed clear conditions, by fulfilling which you can count on an additional payment. And it is precisely these conditions that are often forgotten to be mentioned.
Does the employment contract simply say that the employee receives a salary and a bonus in such and such an amount? And there are no reservations, just as there is no link to a document where the conditions for issuing a bonus would be? Then by default you are obliged to pay all the specified amounts monthly under any circumstances.
Not to issue a bonus for reasons not directly stipulated by the contract - they say, the manager decided so - it means violating the rights of his employee. After all, that the size of the salary is changing, you need to notify him in writing two months in advance against signature. These are the rules of Article 74 of the Labor Code of the Russian Federation.
Therefore, if incentive payments in your company are irregular, say at the end of a year or half a year, then it is safer to indicate the minimum wage in the contract. That is just salary. And one-time bonuses should be assigned by order of bonuses immediately before they are issued.
Does the management want to encourage their employees on a more regular basis, including with the aim of splitting the monthly salary into fixed and variable parts? Then be sure to write down the conditions for the award. As we said above, they can be fixed in the internal act of the company or in the collective agreement. Then in labor contract just link to it. And you can immediately designate restrictions in the employment contract.
Example 2: How to safely include incentive payments in an employment contract
O. K. Landysheva was hired by Buket LLC as a salesperson-florist. According to the staffing table, she was given a salary of 20,000 rubles. In addition, the manager promised the new employee to pay a monthly bonus of 10,000 rubles. Provided that the revenue outlet at the end of the month will be at least 100,000 rubles.
A fragment of the employment contract, which correctly indicates incentive payments and the conditions for them, we have given below. A variant with errors for comparison is shown next.
Error
There are no specific conditions for the award.
Right
In the employment contract, it is necessary to indicate for which particular achievements the employee will be awarded a bonus (if any).
Mistake 3. Ignore the demand for payment of advances
Sometimes it happens that the employee himself asks to give him a salary only once a month. Let's say we are talking O external part-time who shows up in the office from time to time. And he has to receive his salary in cash at the company's cash desk. So you don’t want such an employee to once again go for money. Then he writes a statement or receipt to the head of the company stating that according to own will asks to give him a salary once a month. And he takes responsibility for it.
However, the employer will still have to answer. And no receipts from the employee, alas, will not help here. The fact is that article 136 of the Labor Code of the Russian Federation strictly states: wages must be paid at least every half a month. This is exactly the condition and fix it in the contract with the employee. Specific deadlines can be fixed here or, for example, in the internal labor regulations.
And note: between the issuance of an advance payment and a salary, no more than half a month should elapse, that is, 15 calendar days. If, for example, the company finally pays off the employees 20 days after the advance payment, then the inspectors regard this as a deterioration in the rights of the employee. The basis is Article 9 of the Labor Code of the Russian Federation. And such conditions are not applicable. And in the event of a conflict with the same employee in the future, the auditors will not support you.
Let's use an example to show how best to prescribe the terms of payment of salaries in the contract with the employee.
Example 3: How to correctly indicate the timing of the payment of salaries in the contract
E. V. Romashkina was accepted as a merchandiser at Buket LLC. Since the new employee already has a main job in another company, she was registered as a part-time job. In addition, the duties of a merchandiser do not require a daily presence at work.
The internal labor regulations of Buket LLC provide for the payment of salaries twice a month: on the 5th and 20th. E. V. Romashkina asked the accountant to give her income once a month. And I wrote a statement about this to the head.
The correct version of how the frequency of payments to an employee can be reflected in the employment contract is shown below. And for comparison, they also cited an erroneous version.
Error
Wrong way of paying wages in the contract.
Right
Salary must be paid every half a month. This must be stated in the employment contract.
Mistake 4. Wrong form of payment
They also make a mistake when part of the salary is given in kind - for example, with the company's products. This is either generally forgotten to be mentioned in the employment contract, or the share for such in-kind payment is not limited in any way. And it cannot be more than 20 percent of monthly earnings.
Moreover, in-kind payments are admissible only at the written request of the employee. Such a strict rule is spelled out in article 131 of the Labor Code of the Russian Federation. Duplicate it in the employment contract. So the inspectors will definitely not have any doubts that you are regularly fulfilling the requirements of the law.
In the same article 131 of the code there is another important restriction. In the employment contract, it is necessary to determine and fix the amount in Russian rubles. But only. After all, often in job advertisements, the salary is indicated in foreign currency. However, in documents this way of reflecting salaries is unacceptable.
Example 4: How to prescribe the form of payment in the contract
L. Yu. Gvozdikina was hired by Buket LLC commercial director. The manager set her a salary of 1,500 euros.
A new employee asked me to give her several bouquets as part of her salary. Because she had a family reunion. Gvozdikina L. Yu. wrote a statement addressed to the head.
Correct option the terms of the employment contract on the form of salary we have placed below. And the wrong one was placed next to it.
Error
Salary cannot be expressed in foreign currency. And payments in non-cash form at the initiative of the employer are unacceptable.
Right
Wages must be paid strictly in rubles, and in kind - only at the request of the employee.
Mistake 5. Imposing illegal penalties
Prudent managers often seek to include all sorts of monetary penalties and deductions from wages in the employment contract. For example, for being late or not fulfilling the plan. And as it usually happens, they cross the boundaries of the law.
Carefully!
It is impossible to cut the salary of an employee because he is regularly late or did not fulfill the plan.
You can deduct amounts from the salary of employees only in strict certain cases. They are listed in article 137 of the Labor Code of the Russian Federation and in separate federal laws. Let's say an employee reimburses the company for an advance that he has not worked out. Or they deduct the travel debt from him. You can also withhold some amounts from an employee’s income if you overpaid him due to a counting error - that is, arithmetic (see table below).
When and how much you can cut the salary of employees
| Type of retention | Maximum size deductions | Base |
| Debt repayment in the form of: | 20 percent on every salary payment | Article 138 of the Labor Code of the Russian Federation |
| Recovery according to the requirements contained in the writ of execution (except for alimony, compensation for harm caused by a crime) | 50 percent on every salary payment | |
| Alimony, compensation for harm caused by a crime | 70 percent on every salary payment |
* The guilt of the employee is established by controllers, for example, labor inspectors.
So in an employment contract, you can only duplicate the norms of Article 137 of the Labor Code of the Russian Federation. Additional grounds for deductions cannot be established.
Let's take an example of how to correctly provide for possible penalties in an employment contract.
Example 5: How to correctly reflect the terms of deductions in the contract
S. I. Nezabudkina was hired by Buket LLC as a manager. The manager decided to provide not only ways to encourage the new employee, but also educational measures. Namely, deductions from salary in the amount of 1 percent of salary for not meeting the sales target for three consecutive months.
A fragment of the employment contract, in which the conditions for deductions are correctly formulated, we have given below. And next to it is an erroneous option so that you can compare them.
Error
It is impossible to specify deductions in the employment contract if they are not provided for by law.
Right
In the contract, you can duplicate the rules of the Labor Code of the Russian Federation.
When deducting an employee from the salary for legitimate reasons, do not forget about the restrictions. The amount of all penalties cannot exceed 20 percent for each salary payment. In more rare cases it is 50 percent, and in exceptional cases it is 70 percent.
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How to write a bonus in an employment contract -example given in our article - depends on the presence (absence) of the employer of an internal document containing bonus rules. Let's consider what such a record could be.
The role of bonuses in salary
An employee's salary can be made up of several constituent parts. One of these parts is incentive payments, represented primarily by bonuses.
In order for the bonus to be taken into account as part of the salary, it is necessary, firstly, to include this payment in the composition of wages, and secondly, to establish the rules for its calculation and payment (Articles 129, 135 of the Labor Code of the Russian Federation). The employer resolves both issues independently, fixing decisions made in your internal document.
In relation to the system of remuneration, such documents may be a regulation on remuneration or a collective agreement. And the rules for bonuses are set out either in one of the documents on the remuneration system, or in a separate provision called the provision on bonuses (or incentives), or directly in the labor agreement with the employee.
The establishment of bonus rules involves the definition of:
- types of premiums paid;
- frequency of their accrual;
- the circle of employees subject to bonuses of a certain type;
- a list of indicators that give the right to receive each of these payments;
- systems for assessing bonus indicators;
- algorithms for calculating specific amounts depending on the results of the assessment of bonus indicators;
- order of consideration and documentation the final assessment of the employee's participation in the labor process;
- the grounds that serve as a reason for depriving the award;
- a procedure that allows the employee to challenge the results of the distribution of bonuses.
For information on how a document combining a description of the remuneration system and bonus rules may look, read the article. .
Since there can be several types of bonuses and for each of them it is possible to establish their own rules, the bonus document, as a rule, turns out to be quite voluminous. But its presence makes it possible to simplify the procedure for determining the terms of remuneration for each specific employee, giving in the labor agreement with him, in terms of bonuses, not a description of the conditions for calculating each specific bonus, but simply a reference to an internal regulatory act. With content normative act about the bonus to the employee must be familiarized under the signature.
If the employer’s bonus system is quite simple, that is, it does not imply a variety of types of bonuses and complex system estimates of the amount due to the employee, then the conditions relating to this type of payment can be specified directly in the employment contract. The same approach can be applied to individual employees whose performance evaluation requires individual approach. For example, such an employee would be the hired manager of the employer.
Making an entry about the bonus in the employment contract
So, how to write bonus in employment contract?
If there is a provision on incentive payments in the text of the employment contract, it is possible to record, for example, the following content:
« Bonuses for an employee are carried out in accordance with the rules of the employer's Regulations on bonuses.
If the employer does not have an internal regulatory document or an individual bonus scheme is established for the employee, then, for example, the following entry can be made in his employment contract:
"With good faith official duties The employee is paid a monthly bonus of 20% of the salary.
Results
The rules for calculating bonuses, which are part of the wage system, require fixing in the internal normative document. It can be any document dedicated to the description of the remuneration system, or a separate one - specially dedicated to bonuses.
With regard to the conditions for bonuses for a particular employee, it is enough to make a reference to this internal document in his employment contract. If there is a simple or individual scheme bonuses, a record of the conditions for calculating the bonus is entered directly into the text of the employment contract.
