Minimum wage rate. Minimum Rot – purpose, procedure for application and calculation. Who sets the minimum wage?

The general meaning of the minimum wage on the part of the state is that each person is obliged to receive certain money within a specified reporting period. You can do this in two ways:

• from the employer in an amount not less than the minimum salary;
• in the form of social assistance from the state.

The process of applying for a social loan rests entirely with the person who needs to receive social subsidies.

The minimum wage is the basic category for calculating wages in many enterprises, especially in the manufacturing sector. Most salaries are calculated based on the minimum wage based on microeconomic indicators. Thus, for large enterprises, when creating an accounting policy, it is easier to index wages based on the economic situation.

How to correctly calculate your salary according to the new minimum wage in 2018

Let's consider all aspects of wage calculations according to the minimum wage. First of all, legal requirements should be mentioned. According to Art. 133 of the Labor Code of the Russian Federation, the minimum wage is valid throughout the entire territory of the Russian Federation and is established by federal law. It corresponds to the cost of living.

If the minimum wage is lower than that described in the Labor Code of the Russian Federation, a gradual increase is made, and salaries and payments are recalculated accordingly. Currently, the federal law on minimum wage has not yet been adopted. The indicator is established by decision of the Government of the Russian Federation.

It is worth noting that remuneration for labor includes Art. 129 of the Labor Code of the Russian Federation the following components:

• remuneration for work;
• compensation payments;
• incentive payments (bonuses, additional payments, incentives).

Calculation examples

Option 1:

• the employee's salary is 4,200 rubles;
• the incentive payment is calculated at the rate of 50% of the bonus;
• an additional allowance for hazardous working conditions is charged in the amount of 1,200 rubles;
• the calculation is made for July 2018 for a full working month.

The payment for July will be equal to the amount of payments and will be 7,500 rubles; before July 1, 2017, the minimum wage was 7,500 rubles; accordingly, the salary must be no less than the minimum determined by the state. Now the minimum wage is 11,163 rubles, which requires a review of the employee’s wages by the institution. The additional compensation payment will be 3,663 rubles.

• salary – 5,000 rubles;
• bonus – 50% of salary;
• The employee is entitled to 14 days of vacation pay.

The production calendar in July 2018 is 21 working days. Working days were 11 days. Salary is calculated as follows:

• 5,000 rub.: 21 days. × 11 days + 2,500 rub. : 21 days × 11 days = RUB 3,928.56;
• payment cannot be less: 11,163 rubles. : 21 days × 11 days = 5,847.28 rub.
• compensation should be 1,918.72 rubles;
• Vacation pay is additionally accrued.

Thus, all settlements with employees in a certain period are indexed based on the current minimum wage.

Many enterprises carry out wage indexation immediately when the minimum wage increases. The best option is to link payments to the general minimum wage indicator; wages are recalculated immediately after the introduction of a new indicator, which eliminates the need for repeated calculations of allowances and charges.

The company's management is also obliged to figure out what minimum they can give to their employees. After all, if the law is violated, the official and the organization may be held liable.

Basic information

All the nuances of using the minimum wage when calculating wages are prescribed in the legislation of the Russian Federation. Let's analyze the main documents and find answers to pressing questions.

What it is?

Decoding of the minimum wage is the minimum wage, that is, the amount of earnings below which no one can pay their staff.

This refers to payments to an employee who worked a full month and fulfilled his obligations in full (fulfilled the work plan - produced a certain amount of products, did a certain amount of work under certain conditions, etc.).

Such indicators are set by the federal government, although laws may also be adopted at the regional level.

The only thing that the authorities of the constituent entities of Russia should take into account is that it is not allowed to approve a minimum wage lower than the federal one.

The minimum wage for an employee is a guarantee that he will be able to receive a certain amount, which ideally should be equal to the subsistence level.

If there were no such concept, many would receive meager money, on which it would be impossible to live.

For an employer, this value is an unpleasant responsibility (especially for a small individual entrepreneur), since he cannot save on an employee’s salary.

As a result, jobs are cut and the cost of goods rises to cover wage costs. The minimum wage is established annually.

At the moment, its figure is 5965 rubles. That is, the company management cannot pay its staff less than this amount. But this size does not reach the subsistence level approved in the Russian Federation.

The main purpose of the minimum wage:

• used when settling payment for work;
• determines the amount of benefits for temporary disability, pregnancy and childbirth;
• used when calculating amounts in the field of compulsory social insurance.

The minimum payment cannot be used for other purposes.

Who does this apply to?

The federal minimum wage must be ensured by:

The minimum wage of a subject applies to company employees who work within a given territorial district.

The exception is employees who work at enterprises financed from the federal budget (employees of state enterprises).

The regional minimum size in 2015 was approved by the authorities of 27 constituent entities of Russia.

The legislative framework

What is included in the minimum wage?

The minimum wage is the minimum established for an unskilled worker who fulfills his labor obligations full time, if his work is simple and his working conditions are normal.

The minimum payment includes (according to):

1. Remuneration for work taking into account the employee’s qualifications, complexity, volume of work, conditions.
2. Compensation (additional payment, bonus, also for work that was performed in conditions that deviate from normal, with radiation, in difficult climatic zones).
3. Incentive transfers (incentive additional payment, allowance, bonus, other incentive).
4. Additional payments of a different nature.

If there are part-time workers, company management often makes mistakes when calculating payments taking into account the minimum wage.

It is worth remembering that if an employee performs additional work in accordance with the employment contract, it should be paid separately ().

The amount of additional payment in the presence of an internal or external part-time worker should be determined by agreement between the employee and the employer.

If a person works at one and a half times the rate, then he should not receive the minimum wage from his total income. Minimum earnings will be calculated taking into account overtime (half-time).

What about night, holiday and overtime hours, as well as regional odds? All overtime should not be included in the minimum wage. It must be paid separately.

If the employee expresses such a desire, overtime work can be compensated by providing additional days of rest.

The amount of alimony transfer may vary (decreased or increased) by decision of the court.

The calculation will take into account the person’s financial and marital status, as well as other circumstances that will be considered valid.

If the profit is not regular or earnings are calculated in foreign currency, as well as in the presence of other circumstances provided for, alimony may be assigned in a fixed amount.

The basis for the calculation will be the cost of living and the minimum wage. The amount determined by the judge must be transferred every month.

When calculating alimony, it will be taken into account that the citizen pays a value added tax of 13% ().

This means that at work such a person will be able to receive a child deduction in the amount established by law.

If a citizen does not have an income, that is, is not employed, this does not relieve him of the obligation to provide for his child.

When calculating the amount of alimony for a non-working person, the court will proceed from the cost of living established in the region in the current year.

If such amounts were not approved by the authorities in the territorial district, then it will be necessary to take into account the cost of living adopted by federal laws.

When collecting debts from an alimony payer, it is worth remembering the statute of limitations for filing an appeal - after three years from the date of presentation of the demand for payment, the court proceedings will not help to recover the amount of the debt.

What to do if your salary is below the minimum wage

Let's look at the situation using an example. A citizen working as a watchman asked the following question. The company’s employees overwork – they work at night and on holidays.

The management calculated the earnings in this way - night, holiday and other amounts were taken into account in the total salary. The salary itself is 1670 rubles. Are such calculations fair?

Video: Minimum wage what, why and why?

In accordance with the legislation of the Russian Federation, an employee’s salary cannot be set by employers in an amount less than the minimum wage.

This means that such payments without taking into account overtime are already illegal and violate the provisions of regulatory documents.

This is subject to administrative and criminal liability. For all overworked days, the employee must receive an amount above the minimum wage, and not above the established salary.

In Art. 129, 133 of the Labor Code states that when determining the amount of earnings, taking into account compensation and incentive transfers, it is worth paying an additional amount up to the minimum wage if the salary turns out to be less than this standard.

If such rules are not followed, there is discrimination against employees who work under normal working conditions - in comparison with individuals who work under normal conditions but receive the same minimum wage.

In accordance with , the company and its officials may be liable for the following:

So, what to do if you feel like management is offending you:

1. Study all the provisions of the laws and make sure that your salary is paid below the minimum wage.
2. File a claim against the company in court. State your request for compensation.

If a complaint is not filed, the violation will remain in the shadows and no one will be held accountable.
Often, claims are rarely filed, since the director pays extra salary in an “envelope”.

In such situations, payment should be calculated in proportion to days worked, hours worked, or based on the volume of work performed.

If an employee combines professions (positions), service areas are expanded, then an additional payment (in addition to salary) is made for fulfilling additionally assigned obligations.

Is there a size increase coming?

The Ministry of Finance made a proposal to increase the minimum wage. At first it was planned to bring the minimum payment to the level of the subsistence level for 2016-2017.

But another bill was approved, according to which the minimum wage will be indexed in 2016 by 7 percent, and from the beginning of October next year - by 11.9 percent.

This decision was made to keep the economic situation under control. Indeed, with a sharp increase in the minimum wage it would be inevitable:

• significant reduction of low-paid staff;
• increasing the burden on the payer of insurance premiums (individual entrepreneur, farmer, notary);
• reduction in the development of small businesses.

It is planned to increase the minimum wage to the following level:

There is an inconsistency in the laws, which raises the question: how can it be that the minimum wage does not reach the required level, why is it below the subsistence level?

In Art. 133 of the Labor Code states that the minimum wage (which is constantly changing) cannot be less than the subsistence level.

It states that the rules for increasing the minimum wage to the subsistence level should be established by federal authorities.

It turns out that the government has a loophole that allows it to equalize these two indicators at its discretion.

And it is not possible to sharply level the minimum wage and the cost of living because the costs of social development are almost at the same level, due to which the budget will not be able to cover the difference between two values ​​- the cost of living and the minimum wage.

If, when approving the minimum wage, the government relied on foreign practice, then specialists in low-paid professions in the Russian Federation would receive no less than 16 thousand.

There are also changes in the legislation approved by the ministers of Crimea and the republican association of trade unions - an agreement has been signed for the next few years.

The decision was made:

• establish a minimum wage for an employee that is no less than the subsistence minimum for working citizens of the peninsula;
• approve the salary of employees of the public sector in the amount of at least 6.2 thousand rubles.

Minimum wage in Moscow

Moscow, like some other regions, has its own minimum wage, which is the highest in Russia. Amounts to 15 thousand rubles.

This increase in the federal minimum wage is due to the fact that prices in the capital are much higher than in other cities.

The cost of living in Moscow is also higher - 9,800 rubles, and the average salary of citizens is within 60 thousand.
In the near future, it is planned to increase the capital's minimum wage to 16 thousand rubles.

The minimum wage is still not equal to the subsistence level.

If the government's plans are implemented, then in a few years we can hope for a salary that will be enough to cover the minimum expenses of the population.

The level of the economic situation in a country is determined by many indicators. The standard of living of each of us completely depends on the country’s economy.

One of the main indicators is rightfully considered the minimum wage (minimum wage).

Definition of the concept and what legislation is regulated

The concept of minimum wage is primarily necessary in order to correctly determine the total amount of taxes, fines and other fees.

As for the definition of the minimum wage, it means established by the legislation of the Russian Federation minimum, which each employer is obliged to pay its employees for the month worked.

Each employee must know the amount of his salary, since this is a kind of guarantee that he will not receive less than this amount for the month he worked.

According to current legislation, each employer does not have the right to pay its employees wages below the established minimum.

In the event that the employer paid less amount minimum wage, he faces both administrative and criminal penalties.

Purpose and rules of use

The minimum wage in the Russian Federation is required for such basic tasks, How:

• control and regulation of wage levels;
• determining the amount of social benefits;
• to assess the rights of those categories of citizens who are insured for pensions.

In addition, entrepreneurs who carry out their work activities make certain insurance payments based on the minimum wage. This means only one thing: if the minimum wage in the country increases, not only does the level of wages increase, but the amount of deductions also increases, which leads to higher prices.

It is worth noting that the amount of fines or taxes directly depends on the amount of the minimum wage.

In addition, the minimum wage is used in such Codes as:

• Tax;
• Administrative;
• Civil.

In all Codes it is applied at the initial level, in relation to which all monetary sanctions are determined.

What is included in the minimum wage

The minimum wage in the Russian Federation is the minimum wage that unskilled employees are entitled to receive for their full working day.

It is important to note that the entire working day must be in proper conditions.

Article 129 of the Labor Code clearly defines components of the minimum wage:

• when setting wages, the qualifications of the employee, as well as the amount of work and working conditions are taken into account;
• additional payment for irregular working hours or for difficult working conditions;
• various bonuses, allowances and so on.

It is important to take into account that there is a premium for additional work.

At the same time, additional work, or carrying out labor activities at 1.5 times the rate, does not give reason to believe that the total income should be equal to the minimum wage.

Calculation rules

The following year the government adopted decision to change the recalculation rules Minimum wage.

This will be linked by linking the percentage to residence in a particular region.

Thus, it is possible without much difficulty to obtain an equal picture of social security throughout the Russian Federation.

Deputies propose that the government use a certain figure, which will become a key factor in determining the level of premiums, including the calculation of the regional coefficient.

Using a fixed figure (provided that it is still determined), it will be possible to talk about increasing the level of the minimum wage to the level that is necessary for normal human coexistence.

Today, the minimum wage is 11,163 rubles, which is what you should use as a starting point in the recalculation process. For the first time, the indicator equaled the subsistence level.

The increase in the minimum wage level began in 2015.

Differences at the federal level

The question of what exactly the minimum wage will be in a certain period of time in any territory of the state is decided at the federal level.

The regional government has every reason to independently decide on increasing the amount of the minimum wage. It is worth keeping in mind that below the minimum wage established at the government level authorities in the regions cannot establish.

The established amount of the minimum wage can be changed in the process of increasing or decreasing the level of inflation. The ideal minimum wage is one that is higher than the minimum subsistence level in a given region.

The Labor Code of the Russian Federation, in particular Article 133, clearly defines the sources that finance the minimum wage. According to the law, the main source of the minimum wage is the employer. As for budgetary enterprises, in their case, the source of the minimum wage is usually considered to be the federal balance.

As for the Federal Minimum Wage, it is initially adopted by the Federal Assembly of the Russian Federation, after which it is sent to the President for signature, and only after that it becomes a Federal Law.

In the regions, the minimum wage level is established signing a tripartite agreement.

This document is handled by:

• power or administration of a certain region;
• representative of the workers' union;
• Commissioner of the Union of Industrialists and Entrepreneurs on behalf of workers.

Any dissatisfaction must be accompanied by a corresponding statement to the district administration.

If the employer ignored his grievances for a month, this only means that he fully supports the established level of the minimum wage.

Regional features

Each subject of the federation has every reason to establish a minimum on the territory of its region, which will differ from the state one.

The Labor Code, in particular Article 133, regulates this specific requirements, namely:

As a rule, the minimum wage is increased in each region with the help of the donor entity. This refers to regions in which certain economic sectors are developed.
Regions of the Far North often take advantage of this, since their prices are completely absorbed by minimum wages.

Traditionally, the highest minimum wage falls on the capital of the Russian Federation.

The governing bodies of each organization must necessarily issue an order that implies an additional payment up to the minimum wage. This happens as soon as possible, as soon as the minimum wage is less than the minimum level.

It is worth noting that such an order can be issued once and not be duplicated in the future, individually for each of your employees.

After the corresponding order, the accounting department begins to make calculations up to the minimum wage. This is the norm for everyone.

The order must contain a clause that obliges the accounting department to carry out necessary additional charges at the first payment of a salary below the minimum wage.

In addition to all this, all existing recalculations must be filed with the so-called order journals for the period in which the calculation was made. By order, they can be transferred to controlling structures.

Many accounting employees, when faced with the need to calculate additional payments to the minimum wage, are faced with the question: how to do this?

It is worth noting that this process is quite simple for ordinary employees. All that needs to be done is to subtract the income accrued to the employee from the minimum wage amount.

It usually includes:

• salary;
• allowances;
• premium.

Ultimately, after this calculation, you will get the amount that needs to be paid.

But, as practice shows, such ideal calculations are extremely rare, so it is always necessary to pay attention to any changes in legislation in order to avoid conflict situations.

Some nuances

In the event that an employee of an enterprise carries out his labor activity for a regular salary, without various bonuses and allowances, then in this case salary amount In no case can it be less than the minimum wage.

If an employee works with a fixed salary, but at the same time receives allowances and bonuses, then the salary itself may be less than the minimum wage. Otherwise, it is considered illegal.

If an employee finds out that his salary is less than the minimum wage, he has the right to demand from the enterprise payment of material compensation. First of all, he should draw up a demand, which will be the main document in the event of litigation.

Without this, there can be no talk of compensation.

Sanctions are provided for violations of the law. Article 5.27 of the Administrative Code provides penalty in the form of a fine, the amount of which is 5,000 rubles (for officials). For legal entities, there is a fine that varies from 30,000 to 50,000 rubles. Moreover, the company’s activities can be stopped for up to 3 months.

What the minimum wage is and why this indicator is needed is described in the following video:

The level of economic situation in Russia is determined by many factors. The well-being of each of us depends on the financial stability of the country. One of the main indicators by law is the minimum wage. Minimum wage - what is it in simple words?

How is the minimum wage deciphered?

This concept is necessary in order to correctly calculate the amount of tax fees, penalties, penalties and other payments. In simple words, this is the minimum adopted by the government of the Russian Federation, which each enterprise is obliged to pay to its employee for the month worked.

Each employee should know the amount of his salary, since this is a kind of evidence that he will not receive less than this amount for the period worked. According to the law, an employer cannot pay a salary lower than this indicator. If an enterprise nevertheless pays less than the minimum wage, then it faces both administrative and criminal liability.

Purpose and rules of use

In Russia, the minimum wage is used to solve such main problems as:

• monitoring and adjusting wage levels;
• establishing the amount of cash benefits (social benefits and benefits);
• assessment of the rights of those groups of citizens who are insured with pensions.

In addition, individual entrepreneurs who carry out their activities make certain insurance contributions based on the minimum wage. This means that when the cost of living in a country increases, not only the size of wages increases, but also the amount of deductions increases, which leads to higher prices.

The minimum wage stands for a certain indicator that affects the amount of fines and taxes. In addition, the minimum subsistence level is applied in the following codes:

1. Tax.
2. Civil.
3. Administrative.

In all legislative acts it is used at the initial level, in relation to which all monetary fines are formed.

How is the indicator determined?

The resolution is adopted at the government level. Regional authorities have the right to decide to increase the amount of minimum payments, but it cannot be less than what is already established.

Minimum wages are periodically adjusted depending on the increase in the general price index for goods and services. The minimum wage by year should ideally not be lower than the minimum income level in the region for the working population.

The main reserve is the own funds of a private enterprise. For government agencies, the source of income is the budget of a certain level (federal, local).

The national minimum wage is established by the Parliament of the Russian Federation (which is a representative and legislative body), signed by the president, and this document receives the force of a federal legislative act. In the regions, the minimum wage is determined by a tripartite agreement. It is developed based on a general solution, and then approved:

• the highest executive collegial body of government or regional administration;
• trade union or other association from employees;
• All-Russian public organization representing the interests of business circles.

After the agreement is announced in the regional media, employers have the right to express their negative assessment by writing a written statement to the regional administration.

If during a certain period the enterprise does not express its opinion on this issue, then this is regarded as acceptance of the situation. In reality, such cases rarely occur.

What is included in the salary?

How is the minimum wage deciphered? In Russia, this is the smallest amount of cash payments to an unskilled employee for a fully worked month. In this case, the work must be performed in good conditions. The Labor Code of the Russian Federation establishes the following components of this minimum:

1. Cash payments for his work, taking into account the professional skills and knowledge of the employee.
2. Additional payments for non-compliances that contradict standard working conditions (northern region, radiation zone).
3. Bonuses and incentives.

A separate payment is due for additional workload. Payment for part-time or one-and-a-half-time work is not required to be the minimum wage. The minimum payment must be calculated taking into account the additional load.

Holidays and night shifts

Overtime is not included in the minimum wage. The Labor Code establishes payment for an employee’s work outside of his or her work schedule. Article 152 defines payment for overtime (the first two hours cost one and a half times more, the subsequent hours are calculated by doubling). At the request of the employee, monetary remuneration may be an additional day off.

Determines the specifics of payment on weekends and holidays.

Legal aspects

The Federal Law “On the Minimum Wage” was adopted on June 19, 2000. The legislative acts stated that from July 1, the minimum wage was 132 rubles, from January 1, 2001 - two hundred rubles, and in 2017 - 7,800 rubles. Compliance with the legal minimum is monitored by higher authorities:

• prosecutor's office;
• tax office;
• Labour Inspectorate;
• social insurance fund.

If a violation is detected, a system of fines is applied to the employer. Their structure and sequence of action are registered in the Administrative Code of the Russian Federation. The manager of the company or the enterprise itself is subject to sanctions. The organization and director are fined, and entrepreneurs are forced to make payments or cease activities for a certain period.

New minimum wage

Let's look at the highest and lowest cash payments in Russian regions for 2017. From January 1, the minimum wage increased to seven thousand eight hundred rubles. Most urban districts adhere to the same amount.

There are regions with a minimum wage higher than seven thousand eight hundred rubles, for example:

1. Bryansk and Vladimir regions increased the figure to eight thousand five hundred rubles.
2. Kursk region - nine thousand eight hundred rubles.
3. Moscow - seventeen thousand five hundred rubles.
4. Moscow region - thirteen thousand seven hundred rubles.
5. Ryazan and Tambov region - eight thousand three hundred rubles.
6. Yaroslavl region - ten thousand rubles.
7. Krasnoyarsk Territory - from ten thousand five hundred rubles to twenty seven thousand seven hundred rubles.

In the Oryol region, the minimum wage has increased to ten thousand rubles. And in the Tula region, the minimum wage increased by five thousand two hundred rubles.

It is worth noting that in the entire Siberian region the minimum wage is higher than the standard established by the state.

Promotion

On January 1 of next year there will be a traditional increase in the minimum wage. The document that regulates amendments to the federal law was published on September 11, 2017. The bill will be submitted to the State Duma for consideration together with the draft budget of the Russian Federation for 2018-2020. According to a number of experts in this field, there is a high probability that the document will be approved.

The increase in the minimum wage in 2018 will be significant. It should be eighty-five percent of the subsistence minimum. And from 2019, the minimum wage of the price assessment of the consumer basket should be one hundred percent.

Thus, the minimum wage in Russia should increase by twenty-one percent (9,489 rubles). Therefore, an increase in the minimum wage will entail an increase in salaries for employees of regional enterprises.

What is the difference between the minimum wage and the living wage?

These concepts often arise in the life of every citizen of the Russian Federation. The first term covers only employed people, and the living wage is defined for all categories of the population. Each urban district fixes its own values ​​in relation to these two terms, but they cannot be lower than the norm established by the state. In life, it turns out that the cost of living is greater than the minimum wage. In this regard, we can conclude that a citizen does not always receive the payment that is enough to pay for all needs.

Thus, the minimum wage stands for minimum income. It serves as the basis for calculating taxes and benefits. The minimum subsistence level is approved by the state. The following coefficient is established separately for each citizen:

• pensioner;
• child;
• able-bodied citizen.

The relationship between the minimum wage and the cost of living

For the first six months of two thousand and seventeen, the cost of living is:

1. For the working population - 10,404 rubles.
2. For people of retirement age - 7,916 rubles.
3. For children - 9,489 rubles.
4. The average is 9,662 rubles.

The minimum wage over the past few years has been:

• in 2013 - five thousand two hundred rubles;
• in 2014 - five thousand five hundred rubles;
• in 2017 - seven thousand eight hundred rubles.

According to the given indicators, we can conclude that the minimum wage is somewhat less than the subsistence level. In Russia, it is planned to gradually increase the minimum wage (the minimum will reduce the difference between them. The highest wage ratio has been approved in France and the Netherlands.

(or minimum wage, Minimum wage) is the minimum wage equivalent.

It is also used to determine the amount of benefits for unemployment and temporarily disabled persons.

Factors influencing the minimum wage

What the minimum wage will be for the next period depends on the following macroeconomic factors:

price level in the country;

unemployment rate;

inflation rate;

production indicators;

the needs of workers from Russia and foreign countries.

Functions of the minimum wage

The minimum wage performs the following functions:

Used to regulate workers' incomes.

Serves as the basis for determining the amount of benefits for sick leave, pregnancy and childbirth.

Used to calculate insurance premiums.

Moreover, Labor legislation does not allow the use of minimum wages for purposes other than those listed.

How is the minimum wage determined?

The determination of what minimum wage will be in effect is made at the country level.

The minimum wage cannot be less than the amount determined by the government. In this case, the amount is subject to regular adjustment; the final figure is influenced by the level of inflation. Ideally, the minimum wage should not be less than the regional subsistence level for able-bodied citizens.

Sources of financing the minimum wage

According to Article 133 of the Labor Code of the Russian Federation, the source of funding for the minimum wage is determined:

mainly – the employer’s own funds;

for budgetary organizations - level budget (local, regional, etc.).

At the federal level, the minimum wage is determined by the Federal Assembly of the Russian Federation and signed by the President. In the regions, the amount of the minimum wage is established by a tripartite agreement.

What does the minimum wage consist of?

The minimum wage in Russia is the lowest payment for the work of an unskilled employee. And this means full-time work. It is necessary to carry out the work process under normal conditions.

Article 129 of the Labor Code of the Russian Federation defines the components of the minimum:

the work itself, taking into account the employee’s qualifications;

volume produced;

various surcharges.

So according to Art. 129 of the Labor Code of the Russian Federation, the minimum wage includes the following transfers to the employee:

salary determined based on the specialist’s qualifications, complexity and characteristics of the work;

compensation payments (for example, due for harmful or dangerous working conditions);

incentive payments (annual, quarterly, monthly bonuses, etc.);

other additional payments received from the hiring company.

If an employee works as an internal part-time worker, i.e. In addition to the main duties, he performs additional ones, the latter are paid separately.

The income of an external part-time worker depends on the agreements reached between him and the company. If a person worked at 1.5 times the rate instead of one, he cannot receive a salary of one “minimum wage”. His income will be calculated in proportion to the time worked.

Minimum wage and working overtime, weekends and holidays

Labor legislation prohibits including in the calculation of the minimum wage payment for work overtime, on weekends and holidays. For this, separate transfers are required, which are determined at one and a half rates in the first two hours and at double rates thereafter. By agreement with a specialist, monetary compensation can be replaced by additional days of rest.

If an employee’s salary is less than the “minimum wage”, the employing company is obliged to make an additional payment.

If it does not do this, regulatory authorities will apply penalties against the organization.

Can the salary be less than the minimum wage?

Article 133 of the Labor Code of the Russian Federation establishes that the minimum wage for work should not be less than the subsistence level. But in practice it is not always possible to comply with this rule.

In 2018, the spread between the indicators is more than 10,000 rubles. However, it is expected that in the future the values ​​will become equal thanks to the efforts of the state’s economic policy.

In addition, Article 421 was added to the Labor Code of the Russian Federation, which determines that the minimum possible level can be increased gradually.

Therefore, the amount of the minimum wage increases over time until it reaches the required size. No specific date or amount has been set.

Article 133 of the Labor Code of the Russian Federation stipulates that an employee’s income received from an employer cannot be lower than the minimum threshold if two conditions are met:

The person worked for a full month;

Fulfilled the duties required by the position.

The concept of income includes salary, bonuses, compensation and other payments received from the employing company. If the amount of transfers is more than the minimum wage, there are no violations of regulations.

Note that the company performs the functions of a tax agent, i.e. withholds personal income tax of 13% from income received by employees. The amount received after budget transfers may be less than the “minimum wage”: this does not contradict Russian law.

There may be cases when, legally, an employee of an organization will receive income less than the minimum wage.

For example, if a person works part-time or part-time, and this fact is stated in the contract or in an additional agreement to it (that is, working hours and days are fixed in the employment agreement), then there are no violations of the law.

The same rule applies to external part-time work, when a specialist devotes 2-3 hours a day to performing official duties, and spends the rest of the time at his main place of employment. In this case, the additional payment is not made legally.

What is a regional minimum wage

According to the provisions of Art. 133 of the Labor Code of the Russian Federation, the authorities of the subject of the federation, in agreement with trade unions and organizations, have the right to introduce their own minimum wage on its territory. It must necessarily exceed the federal value.

In 2018, 32 regions of the country take advantage of this opportunity. These include the Moscow, Bryansk, Kursk regions, the republics of Tatarstan, Khakassia, Buryatia, Trans-Baikal Territory and others.

Responsibility

The legal minimum is required to be observed by firms of different fields of activity and scale.

If the employer charges wages that are below the minimum wage, he may be brought to administrative and even criminal liability due to evasion of the requirements prescribed by the legal acts of the Russian Federation. The employer may be subject to a fine of 1,000 to 5,000 rubles. At the same time, the organization is also fined for a more impressive amount - from 30,000 to 50,000 rubles. These violations may be regarded as non-compliance with the collective agreement.

In addition, if the minimum wage standards are repeatedly ignored, the employer may be fined 10,000-20,000 rubles. And also disqualify for 1-3 years. The company is also fined from 50,000 to 70,000 rubles.

In 2018, the amount of penalties for violators is set at the following levels:

up to 50 thousand rubles. – for the organization;

up to 5 thousand rubles – for the company management;

up to 5 thousand rubles – for a private entrepreneur.

If the first punishment does not have the desired effect, and the violator continues to pay lower wages to staff, the fines will increase. To what extent - the inspection inspectors will decide.

If an organization does not comply with the minimum threshold, it becomes the object of increased interest from tax authorities. She is suspected of paying “grey” salaries and evading the transfer of personal income tax and insurance contributions. To “re-educate” unscrupulous employers, special commissions are created from representatives of regulatory authorities.

Criminal liability

Criminal liability arises if the employer does not pay employees the minimum wage for 2-3 months.

For this violation, the employee has the right to demand compensation plus the entire amount that was not paid. If the requirements are not met, the employee may contact the labor inspectorate.

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