Answer
- It is necessary to pay extra up to the minimum wage at the basic rate. Part-time workers are paid in proportion to the time actually worked. When setting a salary in the amount of the minimum wage, a part-time worker working four hours daily and 20 hours a week should be paid at least half of the minimum wage, and an additional payment for combining professions (positions) must be calculated in excess of the minimum wage.
- You need to subtract the amount of the salary established for the employee from the current minimum wage (minimum wage in the constituent entity of the Russian Federation). For part-time workers, to calculate the additional payment, the minimum wage proportional to the time worked is taken into account.
- The amount of additional payment for combination work is established by agreement of the parties - the additional payment up to the minimum wage is not included in the calculation.
It is proposed not to include compensation payments in the salary when comparing it with the minimum wage
On July 25, a draft amendment to the Labor Code of the Russian Federation (No. 762526-7) was submitted to the State Duma, providing that compensation payments should not be included in the salary, when comparing its size with the minimum wage.
As noted in the explanatory note, according to Part 3 of Art. 133 of the Labor Code, the monthly salary of an employee who has worked standard working hours during this period and fulfilled labor standards (labor duties) cannot be lower than the minimum wage.
At the same time, the composition of the salary in accordance with Art. 129 Labor Code includes: remuneration for labor depending on the qualifications of the employee, complexity, quantity, quality and conditions of the work performed; compensation payments (additional payments and allowances, including for work in conditions deviating from normal, in special climatic conditions and in areas exposed to radioactive contamination, etc.) and incentive payments.
Therefore, in order to fulfill the requirements of Art. 133 of the Labor Code, it is necessary to compare with the minimum wage the entire set of elements that make up the salary, including compensation payments.
“However, the obvious injustice of such a literal interpretation has long led to disputes among law enforcement officials regarding the question of whether it is permissible to take into account compensation payments as part of wages for the purpose of comparing them with the minimum wage,” the document says.
The bonus for length of service should be higher than the minimum wage
Where it is stipulated that additional payment for work for part-time work (as well as part-time work) is paid for the period actually worked.
New minimum wage Then every 5 years the increase increases by 5%. After 15 years of experience, the percentage no longer increases.
But in addition to this payment, civil servants can receive a number of others for other merits. The bonus in 2021 is established by Law 79-FZ dated July 27, 2004, as amended.
dated July 29, 2017 (clause 5 of article 50). Length of service, l. Percentage bonus, % 1 – 5 10 5 – 10 15 10 – 15 20 More than 15 30 Additional payment for judges The percentage additional payment is established by Article 19 of Law 3132-1 dated June 26, 1992 as amended. dated 12/28/2016. See the table below for the percentage for 2021: Length of service, l.
The state punishes such leaders with a fine, which ranges from 30 to 50 thousand.
rub. Is the regional coefficient included in the minimum wage? This year, the amount of fines for enterprise managers reaches 5,000 rubles.
Minimum wage in 2021
» » 5/5 (4) Minimum wage - the amount of wages that the employer, according to the current law, must provide to its employees every month. The minimum wage has a federal scope, so all employers, without exception, must adhere to it. The federal minimum wage will increase by 117 rubles from January 1, 2019 and will amount to 11,280 rubles. This is exactly how the living wage of a capable citizen was set from April to June 2021.
according to Order of the Ministry of Labor No. 550N dated August 24, 2021. The minimum wage determines the lower limit of wages for employees who work 5 days a week for 8 hours and fully perform their job duties.
Attention! Salary consists of:
- additional payments for performing additional or overtime work;
- salary;
- bonuses for foreign language proficiency, rank, length of service and other cash incentives.
- bonuses;
Salary as one of the components of salary may be less than the minimum wage.
What is included in the minimum wage and what is it in 2021?
From January 1, 2021, the minimum wage was increased in 85 regions of Russia.
In this article we will look at what is included in the minimum wage and how much it is now. Guest, get free access to the BukhSoft program Full access for a month!
— Generate documents, test reports, use the unique expert support service of the Glavbukh System. Call us by phone (free). We have collected all minimum wages by region and at the federal level from January 1, 2021 in tables. Download for free: To help accountants and personnel officers.
Download for free To help accountants and personnel officers. Download for free From July 1, 9 new regions are participating in the FSS project, and accountants must submit an important statement to the Fund before August 1. This term refers to the legally established wage level, below which the employer has no right to evaluate the employee’s work.
Additional payment for combination is not an additional payment to the minimum wage
The list of payments, due to which it is impossible to “pull up” the salary to the minimum wage, included an additional payment for combining positions. This list cannot be found in the Labor Code of the Russian Federation. It is formed and becomes mandatory for use by all employers on the basis of the Resolutions of the Constitutional Court of the Russian Federation.
Salary based on minimum wage
If an employee has completed his full working hours and fulfilled the monthly work standard, then his monthly salary cannot be lower than the minimum wage - minimum wage (Article 133 of the Labor Code of the Russian Federation).
The region in which the company operates can set its own minimum. Then the salary must be compared with it. But provided that the regional minimum wage is not lower than the federal one.
To find out exactly what payments are included in the minimum wage in your region, you need to read the relevant agreement. You can find this document:
- on the website of the regional government and/or on the websites of associations of trade unions and employers;
- in the official printed publication of the constituent entity of the Russian Federation.
In practice, there are two options to “bring up” wages to the minimum wage: increase the salary or introduce bonuses.
In the first case, issue an order to amend the staffing table and enter into additional agreements to employee employment contracts.
In the second case, an order establishing an allowance and additional agreements is sufficient, without changes to the staffing table. But in this case, you need to know why it is prohibited to “pull up” wages to the minimum wage.
What the Constitutional Court prohibits from being included in the minimum wage
In addition to the salary, the salary includes bonuses, allowances and additional payments (Part 1 of Article 129 of the Labor Code). An exception is made for the regional coefficient and bonus for work in the Far North, and for payment of holidays, night and overtime work.
So, in Resolution No. 38-P dated December 7, 2017, the Constitutional Court of the Russian Federation considered the question of whether northern allowances and coefficients should be included in the minimum wage. They are established by Article 146 of the Labor Code of the Russian Federation and are aimed at compensating for the negative impact of climate on people’s health.
The judges indicated that northern bonuses should be awarded after determining the amount of wages and fulfilling the requirements for wages to comply with the established minimum wage level. After all, if an employee’s salary, together with northern bonuses, is equal to the minimum wage, then their meaning is lost.
That is, all other things being equal, labor in the north will be “valued” in the same way as in the south, where climatic conditions are more comfortable. In addition, it may turn out that only people with salaries above the minimum wage will receive northern bonuses and coefficients in both manufacturing and non-production sectors.
The Constitutional Court of the Russian Federation, in its resolution No. 17-P dated April 11, 2019, established that irregular bonuses for work in non-standard conditions cannot be included in the minimum wage when calculating wages.
What are these irregular bonuses? Thus, when setting a salary not lower than the minimum wage, employers cannot include in it:
- additional pay for working on weekends and holidays;
- bonus for night work;
- overtime pay.
The judges noted that such irregular payments, unlike other compensation payments, cannot be included in the regular monthly salary. After all, it is calculated taking into account only the constantly operating factors of labor organization, the production environment or unfavorable climatic conditions.
Finally, Resolution of the Constitutional Court dated December 16, 2019 No. 40-P. The judges did not recognize the unconstitutionality of Article 129 of the Labor Code of the Russian Federation, the norms of which in practice do not prevent the inclusion in an employee’s salary, which does not exceed the minimum wage, of the additional payment due when combining positions.
But they explained that all employees must be provided with both wages in an amount not less than the minimum wage, and increased wages when combining jobs. And if this is not done, then wages when working in “non-standard” conditions will not differ from wages when working under standard conditions.
This means that all employers must pay these types of additional payments above the minimum wage.
Responsibility for paying wages below the minimum wage
If an employer pays wages below the minimum wage for more than two months, he faces serious sanctions:
- a fine in the amount of 200,000 to 500,000 rubles;
- a fine in the amount of the convicted person’s salary for a period of 1 to 3 years;
- imprisonment for a term of 2 to 5 years, with or without deprivation of the right to hold a position or conduct certain activities.
But if the employee has a part-time working day, or if the actual time worked is less than the established norm, then his work is paid in proportion to the time worked. That is, the amount of payment may be lower than the minimum wage, but this will not be a violation.
What is included in the minimum wage: what payments and additional payments
964 July 9, 2021
Further, the minimum wage will be determined based on the cost of living for the 2nd quarter of the previous year. While the cost of living decreases, the minimum wage remains at the level of the previous year.
Reading time 8 minutes Maybe faster? It's free! What is included in the minimum wage? The minimum wage is an indicator that fixes the smallest amount of wages received by an employed citizen. But a person’s official profit consists of official salary, bonuses, compensation for special working conditions, and regional coefficients.
Let's figure out what types of deductions are included in the minimum wage in 2021.
In order to protect the interests of every employed person, the law establishes a minimum wage. Each employer is obliged to guarantee its employees the receipt of the established amount, but only if they work a full month. If work is performed in smaller volumes, the amount of official profit is reduced proportionally.
In 2021, the following indicators are taken as a basis: working hours worked per month
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As a rule, this is the second part of the bonus; some employers transfer it to the gray part of payments. Components of wages Salary is made up of:
- Minimum wage.
- Supplements of the regional coefficient, if they are provided for by federal law.
A requirement is also drawn up for the provision of compensation payments, after which the employer will be obliged to adjust official salaries.
Therefore, residents of the regions are recommended to find out exactly their current minimum wage. This can be done at local governments or on their official websites. From 1/07/2016. on the basis of Federal Law No. 164 of June 12, 2016. The minimum wage in the Russian Federation is 7,500 rubles.
If neither compensation nor a reasonable answer is forthcoming, a complaint is filed against the employer. In this case, you can contact a trade union organization, labor inspectorate, prosecutor's office or courts. Info The punishment for discrimination against employees is very serious, in addition, the employer will have to go through a lot of checks.
All this is troublesome and expensive, so in most cases it is possible to solve the problem peacefully. How does size increase occur? The minimum wage in our country is established by the government.
Is length of service included in the minimum wage 2021?
Although the necessary feed for next year could have already been purchased, in her opinion, livestock losses from limiting the use of antibiotics will continue to make adjustments to production volumes.
But there is also an optimistic point. The lifting of the ban on meat imports from Brazil may curb the rise in meat prices in the coming months.
Analyst forecast: by the end of 2021, prices for meat products may rise by up to 15 percent. The exception was millet, which was actively rising in price due to a poor harvest. Analyst forecast: in 2021, prices for bread and cereals may rise by no more than 5 percent. Last year, the dynamics of prices for fruits and vegetables was restrained due to an increase in the production of greenhouse vegetables by 28 percent.
The state subsidy program stimulates an increase in the number of ongoing investment projects for the construction of greenhouses in the country. Labor Code of the Russian Federation in a subject of the Russian Federation
New decision of the Constitutional Court on minimum wage and additional payments
The Constitutional Court Resolution No. 40-P/2019 of 12/16/2019 was published, which concerns the issue of the composition of the minimum wage.
An employee of a budgetary institution, who combined several positions there at once, appealed to the court. The man worked as a fireman, stoker, and plumber.
When calculating his wages, the employer accrued various types of payments, including for overtime work, work on weekends and non-working holidays, for night work, for combining positions, for a salary less than the minimum wage. According to the applicant, all these payments should be accrued after his salary is increased to the minimum wage.
The man went to court. The court of first instance did not find a violation of the applicant’s right to payment, arguing that, taking into account the established salary and all kinds of additional payments, the average monthly salary paid to the plaintiff was not lower than and in some cases exceeded the minimum wage.
The appeal partially reversed the first court's decision. The court indicated that additional payments for night work, work on weekends and non-working holidays, and overtime work cannot be included in the amount of wages that are less than the minimum wage, and recovered the corresponding amounts from the employer.
As for the additional payment for work performed as a combination of professions (positions) , such additional payment, in the opinion of the court, is included in earnings not exceeding the minimum wage, lawfully, since the additional work was performed by the plaintiff with his consent within the framework of the main working hours, As a result, there are no grounds for remuneration for each position in an amount not less than the minimum wage.
The employee did not agree with this decision and appealed to the Constitutional Court.
He asked to recognize the provisions of Articles 129, 133 and 1331 of the Labor Code as inconsistent with the Constitution.
The Constitutional Court noted that additional work in the order of combining professions (positions) is paid separately - an additional payment is provided for its implementation, the amount of which is established by agreement of the parties to the employment contract, taking into account the content and (or) volume of additional work.
When combining positions, the establishment of increased pay in the form of additional remuneration is due to the fact that during the working day the employee performs both his main job function and additional work in another position, which leads to intensification of work and, accordingly, to additional physiological and psycho-emotional stress which must be compensated .
The Constitutional Court decided that the norms of the Labor Code do not imply the inclusion in the salary (part of the salary) of an employee, not exceeding the minimum wage, additional payment (additional payment) for work performed as a combination of professions (positions). Thus, such an additional payment should not be “inside” the minimum wage, but should be accrued above the minimum wage.
Court decisions in the case of this citizen must be reviewed, the Constitutional Court said.
