Legislative increase in the minimum wage. Raising the minimum wage: implications for employers

From January 1, 2019, the government decided to raise the minimum wage (minimum wage) by 117 rubles, that is, by 1.048%. Experts have suggested why the authorities need it

In some regions, taking into account local allowances, the increase can even reach 351 rubles.

An increase in the minimum wage by the cost of a dozen eggs or two trips on Moscow transport can hardly be called help to low-income citizens of the country. And some perceive such decisions of the government as a mockery.

Fit the numbers to the report

In fact, it turns out that the increase in the minimum wage by one percent is not really necessary for us, but for the government. Just to fit the numbers into another report.

“In theory, the minimum wage is raised because the minimum wage should nominally be higher than the level of taxes, utility bills, and so on. Since the government has increased taxes for us, prices are constantly rising, the minimum wage should also increase. And for the citizens of the country - it's about nothing. It won't have any effect. There is just such an indicator, or indicator. - explains the head of the department strategic planning and economic policy of the faculty government controlled Moscow State University Elena Veduta. – You know, we introduce a new indicator in almost every dissertation. So the minimum wage is not just an indicator. They talk a lot about it, but neither the management of the economy nor any other serious processes depend on it.”

Improve stats

Raising the minimum wage, if it improves the situation, is only for those Russians who receive a salary based on its size. Yes, and that is purely symbolic. But the state can feed on these 117 rubles.

“This is such a statistical correction that will be used for calculations and improving statistics. Plus, some state fees, duties and fines are still tied to the minimum wage,” comments Anton Shabanov, an independent economic expert.

The government is also preparing a draft budget, which assumes that the minimum wage will increase every year - from January 2020 it will increase by 2.9%, and from 2021 - by 2%. The budget has already planned 62.2 billion rubles in order to cover the costs of raising the minimum wage.

At the same time, it is not reported how much the state will receive from the increased fees and fines.

From May 1, 2018, the minimum wage increased to 11,163 rubles and equaled the subsistence level. Now the wages of employees cannot be less than this amount. But what is it really?

An increase in the "budget"

According to statistics, about 1.6 million public sector employees received wages below the subsistence level.

Government Decree No. 440-r dated March 16, 2018 allocated 20 billion rubles to provide subsidies to the budgets of the constituent entities of the Russian Federation to compensate for the additional costs of increasing the wages of public sector employees due to the increase in the minimum wage from May 1.

In addition, by Decree No. 780-r dated April 27, 2018, appropriations in the amount of 16.3 billion rubles are allocated from the Government’s reserve fund to provide subsidies to the budgets of the constituent entities of the Russian Federation for partial compensation of additional costs for the payment of district wage coefficients and percentage allowances established at the federal level and to increase the wages of state employees in connection with the increase in the minimum wage.

"Never before in Russian Federation there was no such increase in wages of certain categories in the public sector,” said the head of the Ministry of Labor Maxim Topilin.

Promotion in "commerce"

Commercial firms must independently find funds to bring the salaries of their employees to the federal minimum wage. Note that employers from some regions will not have to fuss over the new federal minimum wage. They need to focus on the regional minimum wage, which is higher than the federal one.

For example, in Moscow, the minimum wage is 18,742 rubles, in the Moscow region - 13,750, in St. Petersburg - 17,000, in the Leningrad region - 11,400 rubles. In addition, the regional minimum wage is higher than the national minimum wage in such regions as the Tula region, the Magadan region, and the Kamchatka Territory.

Recall that in the northern regions, the “minimum salary” should be increased by the index of the district coefficient.

Those employers who paid employees less than the minimum wage before May 1 need to review payments and amend employment contracts.

As shown by the preliminary results, which is held on our website, 30% of employers have had an increase. By the way, the majority (45%) already paid their employees more than 11,163 rubles.

Not getting promoted in "commerce"

Meanwhile, 25% of the employers we surveyed went the other way. They raised the salary without raising it.

As you know, according to Art. 133 of the Labor Code, those employees who have fully worked out the norm of working hours should pay at least the minimum wage. If an employee works part-time work time, then his salary is paid proportionally.

For example, until May 1, 2018, employee Ivanov was paid a salary in the amount of the minimum wage in the amount of 9489 rubles.

From May 1, with an 8-hour working day on a standard five-day week, his salary cannot be lower than 11,163 rubles. However, the employer, at the same time as increasing the salary to the new minimum wage, transfers the employee to a part-time job, formally observing the norms of the Labor Code.

9489/11163*8=6.8 hours or 0.85 rates.

Thus, if you reduce the employee's working day by 1 hour, making it 7 hours, then you can pay Ivanov not 11163, but 9767.63 (11163/8 * 7).

Note that the reasons for such a change in working hours at the initiative of the employer are limited by the norms of Art. 74 TK.

However, the employee himself can take the initiative. If employees suddenly decide to switch to part-time work from May 2018, having declared this in writing, the employer has the right to satisfy their request.

What threatens employers

For paying wages below the minimum wage, those who have worked out the monthly norm are subject to a fine.

Penalties for this case are prescribed in Part 6 of Art. 5.27 of the Code of Administrative Offenses and are:

• for legal entities - from 30 to 50 thousand rubles;
• on the officials- from 10 to 20 thousand rubles;
• for individual entrepreneurs - from 1 to 5 thousand rubles.

We note that in Lately regulatory authorities pay a lot of attention to work on the legalization of wages. Under the leadership of the Ministry of Labor in each subject of the Russian Federation, interdepartmental commissions have been created to coordinate activities and monitor the situation to reduce informal employment, legalize “gray” wages and increase the collection of insurance premiums

In addition, for example, labor inspectors have data on employers who charge contributions from wages calculated below the minimum wage.

The FIU of citizens to report information about employers who offer to receive part of the salary “in an envelope”.

Tax officials, according to a number of signs, are firms with gray salaries. For example, their attention will be focused if they notice that an employee at a new job has a lower salary than at the previous one (according to 2-NDFL certificates), that is, he changed jobs on less favorable terms.

28.08.2019

In the process of setting the level of wages of employees, the employer is guided by certain indicators.

One of these is the minimum wage - the minimum wage.

The logical question is: how will the change affect minimum wage on the amount of earnings of employees, is it necessary to increase wages with an increase in the minimum wage?

How does the minimum wage affect wages?

The very decoding of the abbreviation MRO speaks for itself. With the help of this indicator, the salary is regulated. This is evidenced by the Federal Law No. 82.

In addition, the Constitution of the Russian Federation provides:

• the procedure for determining the amount of the minimum wage guaranteed for payment;
• the obligation of the employer to pay employees a monthly remuneration, the amount of which should not be lower than the minimum wage.

From this we can conclude that the minimum wage is an indicator that directly affects the level of wages of working citizens.

At the same time, the areas of activity financed from the state budget are subject to special attention.

If a formally employed employee receives for the performance of his official duties salary, the amount of which is less than the minimum wage, he has the right to apply for the protection of his rights to higher authorities in order to increase earnings.

This may be the court Labour Inspectorate, prosecutor's office, etc.

For violation of the established rules and refusal to increase wages to the level of the minimum wage, the management of the company may be held liable. The amount of the fine in each case is determined individually.

Will the salary increase due to the increase in the minimum wage in 2019?

The increase in the minimum wage should be reflected in the level of wages.

From January 1, 2019, a new value has been established minimum size wages. The minimum level rises to 11280 rubles.

How will such an increase affect the level of wages, who will have a salary increase after the increase in the minimum wage?

After the introduction of changes, all employed citizens working on an official basis must receive a monthly salary, which cannot be less than the specified indicator.

It is important to consider that the fixed salary or the established tariff rate may be lower than the minimum wage. The total amount of the employee's income is taken into account. It includes various bonus payments and allowances.

Moreover, the total accrued amount before tax is subject to comparison, taking into account the fact that the employee has worked a full day and a working week.

That is, with an increase in the minimum wage, an increase in wages is carried out if its amount, when calculated for a full month, is lower than the current minimum value.

Monthly wages may be lower than the minimum wage in the following cases:

• A full month has not been worked out - for example, there were sick days, vacations, business trips, absenteeism and absence for other reasons.
• After tax - after withholding 13%, the salary may be lower than the minimum wage, this is normal, so you need to compare earnings before taxes.

With some nuances, the salary of employees who simultaneously work in several companies at once, as well as citizens whose working day can be considered incomplete, is determined.

Under such circumstances, the amount they receive at the end of the billing period may be less than the minimum wage. The minimum wage in this case is determined by the percentage of hours worked during the month with the established standard of working time.

When working half-time, an employee from January 1, 2019 must receive a salary of at least 5640 rubles. If, after changing the minimum wage, this indicator was not achieved, the employer is obliged to increase the salary, the amount tariff rate or increase the amount of additional payments.

Thus, with an increase in the minimum wage, it is necessary to increase the salary of those employees whose accrual amount for a full month is below the minimum wage.

Who will change their income?

When changing the minimum wage, the wages of only some employees increase.

Particular attention is paid to citizens whose income after innovations does not reach the minimum level.

Without fail, the employer must increase to the norm the amount of income of an employee who exercises his professional activity throughout a full working day.

If this requirement is violated, the management of the company may be held administratively liable.

The minimum wage can be increased several times a year. Employers should clearly monitor the change in this indicator and increase the level of income of employees in a timely manner. This is the only way to avoid problems with the law.

On the legal grounds citizens working part-time and part-time employees can receive a salary below the minimum wage.

Their minimum income is determined by the share ratio, which is calculated individually in each case.

How to issue changes in wages if the minimum wage has increased?

The procedure for registering an increase in an employee's salary in connection with an increase in the minimum wage is regulated by the current norms of the Labor Code of the Russian Federation.

It has already been pointed out earlier that there are several ways to change the salary:

• salary change;
• change in the amount or number of allowances.

In each case, the employer must issue an appropriate one.

sample order

The order form contains the following information:

• Business name;
• the name of the paper is about wage increases;
• place and date of publication;
• justification for the creation - “in connection with the increase in the minimum wage”, the date from which the changes are valid;
• the main part - it indicates data on employees whose salary will be increased.

The position and initials of the citizen are noted:

• Name of the specialist responsible for the execution of the order;
• date of entry into force of the document;
• Full name and signature of the General Director;
• Full name, positions and signatures responsible persons- chief accountant and employee of the personnel department;
• Full name and position of the employee whose salary increase is regulated by this order;
• date of entry into force of the order.

Download a sample order to increase earnings in connection with an increase in the minimum wage -

Example of an additional agreement

Based on the completed document, adjustments are made to staffing. In addition, a contract is concluded between the employer and the employee, which acts as an annex to the main contract concluded when a citizen was accepted for a position.

The addendum contains the following information:

With his signature, the employee also confirms the fact that he received the document, read and agrees with the information reflected in the agreement.

02.11.2016 11:08:00

With the introduction of Federal Law No. 426-FZ “On the Special Assessment of Working Conditions” and the publication of its version on May 1, 2016, many employers are asking questions: how is the increased wage calculated based on the results special evaluation? ... How to take into account the results of previous certifications? ... How to properly arrange a compensation package for new employees and employees already working at the enterprise. We will answer these and other relevant questions in our article.

From this article you will learn:

How are the results of a special assessment related to the size of wages;
- how to correctly calculate compensation for harmful working conditions;
- in what cases can an increased wage be established after the SOUT;
- how the increased wages are issued based on the results of a special assessment;
- how to arrange a shortened working day and vacation, taking into account harmful working conditions.

Bonus for harmful working conditions
How the results of a special assessment are related to the size of wages

Conducting a special assessment of working conditions (SAUT) allows you to determine the class of working conditions in the workplace. If the results of the SOUT show that employees perform their labor duties in harmful and (or) dangerous conditions, then the employer's obligation in this case is to provide them with an appropriate amount of compensation. Failure to comply with this requirement may be considered as an administrative violation and entails liability under Part 1 of Art. 5.27 of the Code of Administrative Offenses of the Russian Federation.

Following part 1 of Art. 14 of the Federal Law No. 426-FZ of December 28, 2013 “On the Special Assessment of Working Conditions” (as amended on May 1, 2016; hereinafter - the federal law 426-FZ), working conditions at the enterprise, according to the results of the SAUT, can be attributed to one of the four main hazard classes:

Dangerous (grade 4);
- harmful (grade 3);
- admissible (grade 2)
- optimal (1 class).

The belonging of working conditions to classes 3 and 4 of harmfulness, according to Art. 92, 94, 117 and 147 of the Labor Code of the Russian Federation obliges the employer to provide the employee employed in such conditions with certain compensation in the form of: additional payment to the salary; additional leave; shortened working day. Let's try to figure out how to properly provide and arrange compensation if ...

Compensation provided for the first time

In order to determine the need to provide compensation to the employer, in accordance with the norm of Federal Law No. 426-FZ and Labor Code The Russian Federation will need to conduct SOUT at the workplace. According to the ruling of the Constitutional Court of the Russian Federation dated February 7, 2013 No. 135-0, compensation is provided to all employees who have to work in harmful and (or) dangerous conditions if such conditions are confirmed by the results of the SOUT. Therefore, if earlier, for various reasons (attestation of workplaces was not carried out, was carried out with violations, etc.), compensation was not provided by the employer, now, if, according to the results of the SATS, working conditions are recognized as harmful or dangerous, the employer is obliged to provide compensation by the current legislation.

Compensations were provided earlier, but were changed based on the results of the SATS

It is likely that the harmfulness of working conditions of employees is not new for the employer, who, according to the results of previous certifications, is already providing compensation to his employees. At the same time, the results of the conducted SAMS can either confirm or change the already existing situation, since two options are possible:

The class of harmfulness of working conditions is confirmed, which leaves the employer the right to provide guarantees and compensations in the same volume (fixed before the SAUT);
- the results of the SATS showed that the amount of compensation was overstated.

In the event that the results of the SAUT have shown that the working conditions of workers in connection with the reconstruction, modernization, changes in the production cycle, etc. improved, the employer has the right to reduce the amount of compensation and the amount of additional guarantees. On the other hand, if workers whose work is associated with harmful and hazardous conditions already enjoy the benefits of the compensation package, then the amount of compensation cannot be reduced compared to the amount that was provided on 01/01/2014 if, at the same time, the working conditions themselves at the workplace have not improved (see Article 15 of the Federal Law of 12/28/2013 No. 421-FZ).

In other words, the amount of compensation provided to employees on the basis of the results of previous certifications or on the basis of the regulatory legal acts of the former USSR remains until the improvement of working conditions, recorded according to the results of the SAUT. It should be noted that, according to judicial practice However, an employer's failure to provide workers with a compensation package in the past may not deprive them of their current right to receive the compensation they are entitled to.

Please note: when considering the issue of changing the volume of the compensation package, the employer must be especially careful, since an unmotivated reduction in the volume of guarantees can most likely be regarded by the State Labor Inspectorate as a violation current legislation entailing a very specific administrative responsibility.

How to calculate and establish compensation for harmful working conditions

To assess the amount of compensation, the following fundamental points should be taken into account, which we will discuss below.

1. The minimum amounts of compensation in force at the legislative level (according to the Labor Code of the Russian Federation):

The premium for harmfulness should not be less than 4% of the tariff rate (salary) established for various kinds work in the case of normal working conditions (see article 147 of the Labor Code of the Russian Federation);
- the minimum duration of the annual paid additional leave for employees whose work is associated with dangerous or harmful conditions (2, 3 and 4 degrees) cannot be less than 7 calendar days(see article 117 of the Labor Code of the Russian Federation);
- the duration of reduced working hours cannot exceed 36 hours per week and 8 hours per day (see Articles 92, 94 of the Labor Code of the Russian Federation).

2. Regulations established by sectoral (intersectoral) agreements

When determining the amount of compensation to the employer or a person authorized by him, it will be useful to check whether sectoral (intersectoral) norms and agreements apply to the activities of the organization. For example, the Industry Agreement on coal industry The Russian Federation for the period from 04/01/2013 to 03/31/2016 determined that workers employed in places with especially dangerous, difficult and harmful working conditions are entitled to an increase in the tariff rate by 10% and 20% according to a special list.

In the event that such decisions apply to the activities of the organization, then the amount of compensation provided cannot be less than those regulated by these Industry Agreements.

3. Opinion of the trade union body

If the organization provides for the activities of a trade union body, then the employer establishes the specific amount of compensation, taking into account the opinion of such a body in the manner prescribed by Art. 372 of the Labor Code of the Russian Federation.

How pay increases and other compensatory benefits are processed
according to the results of a special assessment

Following the regulation of Art. 189 of the Labor Code of the Russian Federation, the mode of work and rest of employees, including information on the additional holidays provided and the reduction of the working day, are reflected in the Internal Labor Regulations. The fact of increasing the amount of wages for employees performing labor duties in hazardous working conditions is recorded in the Regulations on wages issued by the enterprise. According to part 2 of Art. 57 of the Labor Code of the Russian Federation, working conditions at the workplace, compensation and guarantees provided to the employee are mandatory prescribed in employment contract.

This requirement fully applies to both new employees who are just getting a job at the enterprise, and to already working employees, including cases when working conditions at the enterprise are harmful and (or) dangerous. In the first case, an increase in wages, a reduction in the working day and the provision of additional leave due to the harmfulness of working conditions are prescribed in the employment contract when the employee enters work, in the second case (if the employee is already working), these points are reflected in additional agreements to an employment contract.

Surcharge for work in a workplace with harmful and (or) dangerous working conditions should be calculated monthly as a percentage of the tariff rate (salary), is part of the salary (see part 1 of article 129 of the Labor Code of the Russian Federation) and is reflected in the employee's pay slip.

Publication source:

Article 1. Establish the minimum wage from May 1, 2018 in the amount of 11,163 rubles per month.

(as amended by Federal Law No. 41-FZ of March 7, 2018)

Starting from January 1, 2019 and further annually from January 1 of the corresponding year, the minimum wage is established by federal law in the amount of the subsistence minimum for the able-bodied population as a whole in the Russian Federation for the second quarter of the previous year.

If the subsistence minimum for the able-bodied population as a whole in the Russian Federation for the second quarter of the previous year is lower than the subsistence minimum for the able-bodied population as a whole for the Russian Federation for the second quarter of the year preceding the previous year, the minimum wage is established by federal law in the amount established by from 1 January of the previous year.

Article 2

organizations financed from budgetary sources - at the expense of the relevant budgets, extrabudgetary funds, as well as funds received from entrepreneurial and other income-generating activities;

(As amended by Federal Law No. 54-FZ dated April 20, 2007)

other organizations - at their own expense.

Part two is no longer valid. - Federal "law" of August 22, 2004 No. 122-FZ.

Part three became invalid on 1 September 2007. - Federal "law" dated April 20, 2007 No. 54-FZ.

Article 3. The minimum wage is used to regulate wages and determine the amount of benefits for temporary disability, pregnancy and childbirth, as well as for other purposes of compulsory social insurance. The use of the minimum wage for other purposes is not allowed.

(As amended by Federal Laws No. 54-FZ dated April 20, 2007, No. 213-FZ dated July 24, 2009)

Article 4 depending on the minimum wage, is made from July 1, 2000 to December 31, 2000 based on the base amount equal to 83 rubles 49 kopecks, from January 1, 2001 based on the base amount equal to 100 rubles.

Article 5 , is made from July 1, 2000 to December 31, 2000 based on the base amount equal to 83 rubles 49 kopecks, from January 1, 2001 based on the base amount equal to 100 rubles.

Calculation of payments under civil law obligations established depending on the minimum wage is made from July 1, 2000 to December 31, 2000 based on the base amount equal to 83 rubles 49 kopecks, from January 1, 2001 based on the base amount equal to 100 rubles.

Article 6. Introduce the following amendments to paragraph 2 of "Article 12" of Federal Law No. 76-FZ of May 27, 1998 "On the Status of Military Personnel" (Sobraniye Zakonodatelstva Rossiyskoy Federatsii, 1998, No. 22, Art. 2331):

"paragraph two" shall be deleted;

"paragraph three" shall be stated in the following wording:

"The salaries of the monetary maintenance of military personnel are increased by the Government of the Russian Federation in the manner and terms that are provided for federal civil servants.".

Article 7. Recognize invalid the Federal "Law" dated January 9, 1997 No. 6-FZ "On increasing the minimum wage" (Sobraniye Zakonodatelstva Rossiyskoy Federatsii, 1997, No. 3, Art. 350).

Article 8 legal acts in accordance with this Federal Law.

The president
Russian Federation
V. Putin