The procedure for remuneration under the labor agreement. We develop an employment contract with piecework wages

The list of conditions that must be contained in an employment contract are given in Art. 57 of the Labor Code. These include the terms and conditions of wages. In the employment contract, these conditions must comply with the minimum requirements established by the current legislation and local acts of the company.

What is included in the concept of "payment conditions"?

Wages are not just about size tariff rate or salary, but also other material payments (both guaranteed by law and established by local acts). Pay for labor employment contract should include the following salary parameters:

  • fixed salary (compensation for work during calendar month excluding additional payments) or a fixed tariff rate (payment for the fulfillment of labor standards per unit of time, excluding additional payments);
  • surcharges;
  • incentive payments;
  • allowances.

Employees of the personnel department often wonder if the salary or salary is indicated in the employment contract. The answer is given in Art. 57 of the Labor Code. The contract must specify both the salary and other payments that are valid in the company and are required by law for the employee. That is, to paint all the parts that make up wages. In this case, it is necessary to indicate exactly the size of the salary, and not be limited to referring to the staffing table.

Change in wage conditions

Any changes in the conditions that are defined in the employment contract are possible with the consent of both parties to this contract (Article 72 of the Labor Code of the Russian Federation). Therefore, in order to change the conditions of remuneration, the consent of the employee is required. An exception is the case when the employer cannot maintain the agreed provisions due to changes in technological or organizational circumstances (Article 74 of the Labor Code of the Russian Federation).

Changing the conditions of remuneration: procedure and registration

Management must inform employees of planned changes in wage conditions in writing no later than a couple of months. The employer has the right to notify about changes and for a longer time. In a written communication about changes, it is necessary to indicate not only the essence of the changes, but also the reasons that caused them.

If the employee agrees with the changes, then it is enough to conclude additional agreement to an employment contract. In such an agreement, the changes themselves and the date (term) of their entry into force are discussed.

The term "significant change in wage conditions" is not applicable to labor legislation. “Essential terms of the contract” is a term used in civil law. The Labor Code contains mandatory conditions labor contract. A change in such conditions, both significant (that is, in a significant amount) and insignificant, must be executed in a similar manner.

Compensation for labor in a part-time employment contract

The employment contract with part-time employees is subject to all the same rules as for ordinary employees. In the employment contract with them, you must also paint wages. Changes to these provisions are also drawn up in a similar manner.

The condition on remuneration - on wages is one of the important conditions of the employment contract, especially for the employee. Wage is a 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 and incentive payments (Article 129 of the Labor Code of the Russian Federation).

The way to ensure differentiated wages, depending on such criteria as: the complexity of the work performed, working conditions (industrial, technical, natural and climatic), the qualifications of the employee, is the tariff system. The main element of such a system is the tariff rate (salary), which is understood as a fixed amount of remuneration of 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 (part 2 of article 129 of the Labor Code of the Russian Federation).

The elements of the conditions of remuneration also include additional payments, allowances and incentive payments. Allowances and surcharges to tariff rates and salaries ensure the individualization of the amount of remuneration, taking into account such factors that are not reflected in tariff scale, for example, the intensity of labor of an individual worker, his professional excellence, attitude to work. For example, additional payments to an employee are made when combining professions, expanding service areas, increasing the volume of work, or performing the duties of a temporarily absent employee.

Incentive payments include bonuses. A bonus is a sum of money paid to an employee as an encouragement for achievements in work. Bonus systems are introduced in organizations to strengthen the material interest of employees, improve the quality of work and labor productivity. Organizations independently develop provisions on bonuses.

The above payments can be systemic, one-time or periodic.

In practice, the question arises, should it be mandatory to indicate the amount of each additional payment, allowance, bonus, or is it enough to transfer them?

IN educational literature there are different opinions on this matter. From the point of view of some authors, additional payments, allowances, bonuses and other incentive payments can be made on the basis of local regulations of the organization and provisions on bonuses. Therefore, in this section of the employment contract, it is necessary to indicate these local regulations. See: Vasilyeva M., Karsetskaya E., Mikhailov I., Shershnev A. Decree. Job. P.37.

According to Shur-Trukhanovich L.V., the condition on the amount of wages and its elements should not be formulated in the employment contract by referring to regulatory legal acts, to a collective agreement or to a local normative act. When concluding an employment contract, the employee must clearly represent the amount of remuneration for which he sells his labor. Shchur-Trukhanovich L.V. The content of the employment contract under the new legal regulation// SPS "Consultant Plus".

But directly in Article 57 of the Labor Code of the Russian Federation it is determined that the amount of the tariff rate or official salary is to be included in the contract. Surcharges, allowances and incentive payments should also be reflected in the employment contract, since in accordance with Part 1 of Article 255 of the Tax Code of the Russian Federation, “the taxpayer’s labor costs include any accruals to employees in cash and (or) in kind, incentive accruals and allowances, compensation accruals related to the mode of work or working conditions, bonuses and one-time incentive accruals, expenses associated with the maintenance of these employees, provided for by the norms of the legislation Russian Federation, labor agreements (contracts) and (or) collective agreements”. Tax Code of the Russian Federation. Part 2 dated August 5, 2000 No. 117-FZ // Collection of Legislation of the Russian Federation. 2000. - No. 32. - Art. 3340.

Therefore, it is necessary to include in the employment contract the size of the tariff rate or salary (official salary) of the employee, additional payments, allowances and incentive payments.

The condition on remuneration is not limited to the size of the tariff rate (salary), additional payments, allowances and bonuses. Remuneration also refers to relations connected with the implementation by the employer of payments to employees for their work. Therefore, it is recommended to indicate the condition on the procedure for paying wages, in particular the conditions on the place, method and timing of payment of wages. Despite the fact that these conditions are usually set the same for all or a significant majority of employees of the organization and are included in collective agreements and (or) local regulations.

It should be assumed that in the conditions of the labor market, when concluding an employment contract, an employee cannot be deprived of the opportunity to personally agree with the employer on the terms of payment for his work. This means that the unified procedure for making payroll calculations established by the collective agreement can be subject to adjustment in individually i.e. in employment contracts.

Regarding this condition, there are quite a few examples from judicial practice(See APPENDIX No. 3).

Depending on many factors, in particular, on the method of accounting for the employment of employees, the payment of wages at the enterprise can be organized in different ways. Along with piecework, time-based payment is one of the most common. We will consider cases when it is more profitable to introduce its hourly variety, clarify the nuances of labor legislation related to the “hourly rate”, teach how to calculate using a specific example and show how this issue is reflected in the employment agreement with the employee.

Salary is as accurate as clockwork

Accounting for hours worked is mandatory, no matter how the payment of remuneration for work is organized. But under some systems, it is he who is the determining factor that affects the amount of money earned. Money and features of their calculation.

Hourly payment is the relationship between employee remuneration and time actually worked by him, calculated in hours.

In practice, it is not difficult to introduce it, since the employer is already obliged to take into account work time their employees (part 4 of article 91 of the Labor Code of the Russian Federation).

IMPORTANT! With a salary system or, time accounting is also important, but there the estimated interval is a month. At hourly system tariffs (salaries) are established for each working hour.

Features of hourly pay

Since the hourly wage system is a special case, it is possible to determine when it is more appropriate to apply it from the same positions. If the normalization of work in adequate units is difficult, how to evaluate it from the financial side? For example, you can count the number of products made per hour, but you cannot standardize the work of, for example, a lawyer or a teacher in the same way.

Types of "hourly"

Depending on the influence of various production factors, various forms hourly pay.

  1. Regular hourly pay. 1 hour of work has an unchangeable rate, which is not affected by the result issued by the employee (“time is money”). This type of remuneration is used when the quality of work is not as important as the time actually spent at the workplace, for example, the position of a duty officer, security guard, operator, administrator, etc.
  2. Premium hourly pay. The bonus is assigned for indicators additional to the hours worked, such as the amount of work, declared quality, etc. The amount of the bonus must be agreed in advance, it is added to the established hourly rate.
  3. Normalized "hourly". In addition to the rate for an hour of work, established by the tariff or salary, an additional payment is guaranteed for strict compliance with the conditions set by the employer. It is advisable to use such a system when overfulfillment production standards undesirable.

Hourly pay according to the Labor Code of the Russian Federation

Taking the hourly wage system as the salary system, the entrepreneur is obliged to be guided by the relevant articles of the labor legislation of Russia:

  • Art. 91 speaks of the need to take into account the actual hours worked by each employee charged to the employer;
  • Art. 57 of the Labor Code of the Russian Federation obliges to include a condition on hourly pay in an employment contract, since the wage system is its essential condition;
  • Part 3 Art. 133 of the Labor Code of the Russian Federation speaks of temporary norms and the corresponding payment - the maximum duration working week at 40 o'clock and the fulfillment of the hourly norm according to production calendar within a month, must guarantee hourly employees a salary not lower than the minimum level established by the state ();
  • current topical article federal law on the establishment of the minimum wage in Russia.

To whom and when is the "hourly" beneficial?

Benefits for the employer

  • a working hour is always the same period of time, and a working day can change its duration, so it is more convenient to operate with hours;
  • rates per hour of employment will help to more accurately regulate the amount of due payment in cases where an employee has been absent for a certain time;
  • it is more convenient to calculate remuneration for part-time workers, as well as those for whom it applies;
  • financial savings, because you pay only busy with work time;
  • an additional incentive for the effective use of working time by employees.

"Employment" risks:

  • a more complicated calculation system (with strict accounting for the working hours of all staff);
  • reduced efficiency of this system without bonuses;
  • I need an additional position - the controller and recorder of working hours.

Which employees are suitable for:

  • how much you worked - for so much you got, it is very convenient with a flexible schedule, part-time employment or a part-time position;
  • ideal for employees whose working day cannot be accurately standardized, for example, teachers (one day he can be busy 6 hours, the other - 4);
  • good payment option for uneven load.

Possible disadvantages for employees:

  • the employer can sometimes set a fairly large amount of work required to be completed in an hour, and failure to achieve the norm, although it guarantees the payment of an hourly rate (salary), makes it impossible to receive a bonus.

Hourly payroll calculation

To calculate the amount due to an hourly employee, you need to multiply the hourly tariff rate (salary) by the actually worked and recorded time (in hours).

For example, a teacher at a study center foreign languages receives 300 rubles for 1 hour of his employment with a child. He does not have a clear work schedule: today there may be two classes with children, the next day - three, and so on. In January 2017, the tutor worked for 75 hours. For January, he is entitled to 300 x 75 = 22,500 rubles.

ATTENTION! Whatever the cost of the hourly rate is chosen, if during the month the employee worked out the norm according to the production calendar, he cannot receive less than the minimum wage guarantees - today 7,500 rubles.

Hourly pay and employment contract

The Labor Code of the Russian Federation speaks of the mandatory inclusion of the terms of hourly wages in an employment contract concluded with an employee, or an additional agreement to it. If employees are transferred to the “hourly” from another salary system, they must learn about the upcoming changes at least 2 months in advance: the changes must not only be included in the employment contract, but also be enshrined in the relevant orders and local acts of the company. You must specify:

  • hourly rate (salary);
  • the procedure for calculating earnings;
  • conditions of bonuses and de-bonuses;
  • payment procedure for hours on holidays, weekends and nights;
  • specific days of issuing salary (at least 2 within a month);
  • additional conditions, if any: probation, social guarantees etc.

An example of an employment contract with the inclusion of an hourly wage condition

Attention! The contract below elaborates those points that relate to hourly wages. The remaining items can be inserted from the regular employment contract at your discretion.

Employment contract with a teacher

Limited Liability Company "Smart Children" (abbreviated name "Smart Children" LLC), hereinafter referred to as the "Employer", represented by General Director Aleksey Stepanovich Razumentsev, acting on the basis of the Charter, on the one hand, and citizen Polyglotov Arkady Konstantinovich, referred to in hereinafter "Employee", on the other hand, have entered into this employment contract, hereinafter referred to as the "Agreement", as follows.

1. The Subject of the Agreement

1.1. Under the Agreement, the Employer undertakes to provide the Employee with work according to the labor function stipulated in this agreement: teaching activities in children's center early development, ensure the working conditions provided for by the current labor legislation, local regulatory legal acts of the Employer, pay the Employee wages in a timely manner and in full, and the Employee undertakes to personally perform the labor function defined by this Agreement - to provide teaching services, to comply with the Internal Regulations in force in the organization labor regulations, other local regulatory legal acts of the Employer, as well as perform other duties stipulated by the Agreement, as well as additional agreements to it.

1.2. The employment contract with the employee is drawn up taking into account current legislation and is binding document for the Parties, including when deciding labor disputes between the Employee and the Employer in judicial and other bodies.

2. Basic provisions

2.1. The Employer instructs, and the Employee assumes the performance of labor duties as a teacher of English and German language for children 4-7 years old at the early development school "Smart Children".

2.2. Work under the Contract is the main work for the Employee and is paid by the hour, in accordance with the approved and agreed schedule.

2.3. The place of work of the Employee is a branch of the school "Smart Children", located at the address: Moscow, Zavaruevsky lane, 12.

3. Duration of the contract

3.1. An employment contract with an employee comes into force from the moment of its signing and is valid for six months. The employee must begin to perform his labor duties from September 01, 2016.

4. Terms of remuneration

4.1. The size of the official salary of the Employee is 250 rubles per hour.

4.2. Wages are paid to the Employee by transferring funds to the Employee's debit (credit) card twice a month, on the 13th and 28th, or by cash payment at the cash desk of the organization.

4.3. Deductions may be made from the Employee's salary in cases stipulated by the legislation of the Russian Federation.

4.4. The employer establishes incentive and compensation payments (surcharges, allowances, bonuses, etc.). The terms of such payments and their amounts are defined in the Regulations on the payment of allowances and bonuses to employees of the company.

4.5. If the Employee performs, along with his main job additional work in another position or performing the duties of a temporarily absent employee without being released from his main job, the Employee is paid an additional payment in accordance with an additional agreement.

5. Rights and obligations of the Employee

5.1. The employee is obliged:

5.1.1. To conscientiously fulfill the obligations in accordance with this Agreement.

5.1.2. Comply with the internal labor regulations of the organization and other local regulatory legal acts of the Employer.

5.1.3. Observe labor discipline.

5.1.4. Comply with labor standards if they are established by the Employer.

5.1.5. Comply with labor protection and labor safety requirements.

5.1.6. Carefully treats the property of the Employer and other employees.

5.1.7. Immediately inform the Employer about the occurrence of a situation that poses a threat to the life and health of children, the safety of the Employer's property.

5.2. The employee has the right to:

5.2.1. Providing him with work stipulated by this employment contract.

5.2.2. Timely and in full payment of wages in accordance with their qualifications, complexity of work, quantity and quality of work performed.

5.2.3. Rest, including paid annual vacation, weekly holidays, non-working holidays.

5.2.4. Compulsory social insurance in cases stipulated by federal laws.

5.2.5. Other rights established by the current legislation of the Russian Federation.

6. Rights and obligations of the Employer

6.1. The employer is obliged:

6.1.1. Comply with laws and other regulatory legal acts, local regulatory legal acts, the terms of this employment contract.

6.1.2. Provide the Employee with work stipulated by the Contract.

6.1.3. Provide the Employee with equipment, technical documentation and other means necessary for the performance of their labor duties.

6.1.4. Pay in full the wages due to the Employee on time.

6.1.5. Carry out compulsory social insurance of the Employee in the manner prescribed by federal laws.

6.1.7. Perform other duties established by the current legislation of the Russian Federation.

6.2. The employer has the right:

6.2.1. Encourage the Employee for conscientious efficient work.

6.2.2. Require the Employee to fulfill the labor duties specified in the Agreement, to take care of the property of the Employer and other employees, to comply with the law and local regulations.

6.2.3. Involve the Employee in disciplinary and liability in the manner prescribed by the current legislation of the Russian Federation.

6.2.4. Adopt local regulations.

6.2.5. Exercise other rights provided for by the current legislation of the Russian Federation, local regulatory legal acts.

7. Guarantees and compensations

8. Liability of the parties

9. Final provisions

10. Details of the parties

Employer: Umnye deti LLC, TIN: xxxxxxxxxxxx jur. address: Moscow, Zavaruevsky lane, 12.
settlement account: xxxxxxxxxxxxx at Sberbank of Russia, c/c: xxxxxxxxxx, BIC: xxxxxxxxxx.

Employee: Poliglotov Arkady Konstantinovich, registered at the address: Moscow, st. Cherished, 9.18, kV. 135;:, passport: XX хххххххх, issued “October 18, 1995, by the Basmanny Department of Internal Affairs of Moscow.

phone: 095-722-44-78.

From the employer: CEO Smart Children LLC (signature) Razumentsev A.S.

Employee: Poliglotov A.K. (signature)

Note! Those items that are not disclosed in the contract are standard! Those. they can be safely borrowed from a regular employment contract.

The amount of the salary must be included in the employment contract. The article obliges to determine the size of tariff rates / salaries, as well as all due allowances and surcharges. Otherwise, the contract cannot be considered valid.

The employer is free to set the conditions for remuneration in the employment contract on one's own, of course, within the limits of the current legislation. One of these restrictions is minimum wage ( minimum size wages).

illegal is to set the level of payment below the current value of the minimum wage.

At the moment The minimum wage is 6,204 rubles.

In July 2016 it is planned increase to 7,500 rubles.

Please note that the value of the minimum wage varies depending on the region.

For example, in Moscow, the minimum wage is 17,300 rubles, and in the northern regions there is a district coefficient (the maximum value is 2.1).

A monthly salary below this level can be set, only if the number of working hours per month decreases. For part-time employment at 20 hours/week, the minimum wage will be ½ minimum wage.

Payment types

There are three main payment systems - tariff, tariff-free and mixed. In addition to them, working conditions are also determined by the type of payment - salary, hourly, piecework wages and combinations of these types.

Tariff

The tariff system is called amount of rules and regulations, based on which the division of workers into groups occurs. The division is carried out depending on the complexity, conditions, intensity and nature of labor.

Each group is then assigned a different pay level. The harder and harder the work, the higher the wages. The main article is .

The tariff system, in turn, provides for two forms of payment - time and piecework. For the first form (time-based), the most important variables will be the skill level of the employee and the amount of working time.

In the simplest case, payment is determined based on hours worked.

The number of completed work orders is not taken into account.

Roughly speaking, it happens multiplying qualifications and working hours.

The calculation becomes more complicated when bonus payments are taken into account.

For the next form of payment (piecework), the calculation of payments is somewhat different. It is based on the existence real opportunity for fixing performance indicators.

This means that the employer can accurately record and measure performance. Then all these measurements are taken into account, and the production rate is set.

The simplest case is direct piece-rate payment.. The dependence of wages on the number of products produced / services provided is prescribed.

A more flexible form would be piecework-progressive payment. She provides for a fixed payment for a predetermined number of products. Everything that will be produced in excess of the norm is paid according to the established scale.

In addition to simply overfulfilling the production plan, you can additionally encourage a decrease in the percentage of scrap, saving materials, and improving the organization of the workflow.

Thus, any positive change that deviates from the norm can be noted and financial rewards can be paid. The main condition, again, is the ability to measure such changes.

In the piece model can also be used chord system. The central concept in it is the chord, which is understood as a set of working actions. Unlike a separate unit of a product (with a piecework form), a whole cycle consisting of individual actions is subject to payment.

Let's take an example for better understanding.

Construction workers receive regular wages.

But if a worker has worked a full cycle (chord), worked from the very beginning to the end at a construction site, then he is entitled to a lump sum bonus.

This method is practiced to avoid high staff turnover.

The employer realizes his need to create a stable work team and, thus, reduces the costs of regularly hiring/search for new employees.

Tariff-free

Tariff-free system when calculating the salary of an employee takes into account the performance of the entire enterprise, as well as the department in which the employee works.

To implement this system, a participation coefficient is introduced. It is substituted in the final salary calculations. In addition, the wage fund is formed. Its value depends on the results of the enterprise, on revenue.

Let's take an example - a company is engaged in trade. Her monthly revenue amounted to one million rubles. Half of the revenue goes to the payroll - 500,000 rubles. The company has 200 employees.

In the simplest case, all employees have an equal participation rate, all have shown themselves equally effective. Then 500,000 rubles should be divided by 200. Each person gets a salary of 25 thousand rubles.

mixed

The mixed system is something in between the two main models.

Possible options for a mixed system are:

  1. floating salary system- depending on the performance of employees, regular salary adjustments take place. closer to the tariff model.
  2. Commission payment- the option is very close to the tariff-free system. Salary is calculated from the commission percentage and profit from the sale of goods and services.
  3. Dealer activity- a feature is the purchase by an employee of goods for their own money. Next, the employee sells the goods, the difference between the purchase price and the sales price and will be the salary of the dealer worker.

Registration and practical issues

We will analyze some practical issues related to the execution of an employment contract.

Indication of salary and bonuses

When applying for a job, the salary or salary is specified in the employment contract. The rate must be indicated in the form of a specific number.

But the size of allowances, premiums, it is not necessary to indicate directly (numerically).

Incentive payments are determined at the discretion of the employer. They can be both very modest and reach high values ​​(for example, among top managers).

The following information must be contained in legal acts relating to awards:

  • the amount of incentive payments;
  • order of appointment;
  • indicators work activities for which the payment of a bonus is provided (under an employment contract).

If the employment contract does not specify the salary or it is drawn up with errors (the salary is incorrectly indicated), then the contract is invalid and has no legal effect.

Attempts to manipulate an employee or take advantage of his ignorance lead to large monetary fines.

Is it possible to write a salary in an employment contract according to the staffing table? It even needs wages must always comply with the staffing . Specifying values ​​that do not match is illegal.

Payments in kind

A special form is the in-kind payment of wages.

For registration, a special application is required with a request (from the employee) for the issuance of part of the salary in kind.

The Labor Code prohibits payments in the form of alcohol, drugs, weapons, coupons, IOUs.

The employee may receive no more than 20% wages in kind. This species is not very common, but it is found, for example, in farms and in the village.

Deadlines and advance

Establishes specific rules for payment terms.

It obliges to make payments at least twice a month.

A specific day is determined by the internal rules of the enterprise.

The formal name is internal labor regulations (PWTR). If the payment day falls on a weekend or holiday, then it should be moved to the day preceding the weekend.

Leave must be paid no later than 3 days before it starts.

Attention! Payroll dates for certain categories of workers may be regulated in separately- federal laws.

Advance is a colloquial expression. There is no such term in labor law. According to Article 136 of the Labor Code, payment for the first half of the month can be called an advance payment. Respectively, the employee has the right to receive half of the salary "in advance".

Indication of the terms of payment of wages in the employment contract (sample):

Deduction and delay of wages

There are three types of payroll deductions:

  1. Mandatory - personal income tax, alimony;
  2. By decision of the employer - compensation for material damage, unworked advance payment;
  3. By the decision of the employee - for example, union payments.

All payments without exception are documented.

For example, if these are trade union payments at the initiative of the employee, then the employee draws up a corresponding application.

Wage arrears are serious misconduct by the employer. If the delay has not been eliminated within 15 days, the employee has the right not to go to work.

An injured employee can also sue the employer. When wages are delayed employer can be convicted to imprisonment for up to five years And a fine of up to 500,000 rubles.

More detailed information about withholding wages is presented in the video:

Conclusion

Salary - this is one of essential elements workflow. The payment procedure is regulated by a number of legislative acts, which should be carefully studied before signing an employment contract. The responsibility of the employer to the work team is great, and in the most serious violations may threaten him with imprisonment.

In total, there are three main forms of payment systems - tariff, tariff-free and mixed. If we move further, then the payment can be divided into salary, piecework and time payments. in various combinations and additional conditions There are many calculation options.

The article tells how to draw up a clause on wages in the contract, reflect other important points.

The parties independently agree on financial matters. Responsibilities are paid differently. Seniority, experience, class rank and other conditions matter.

The manager determines the conditions for remuneration of the employee. Specialist personnel service fixes them in local acts.

It must be taken into account: the wage specified in the contract cannot be less than the minimum amount in the employment contract. In other words, a person cannot earn less than 5965 rubles.
You also need to specify what the premiums are paid for. Clarity is introduced with the help of local acts, where a reward system is established.

What conditions should be included in the contract

The algorithm for paying wages in the contract should be clarified. There should be no doubt about how payment is made after reading the agreement.

Financial issues in the contract

Terms of paymentPeculiarities
BidThis item must be enabled. If an enterprise pays incentive payments to employees, bonuses, remuneration, then here you need to make a reference to internal acts. When internal regulations have not been adopted, the details of compensation payments should be made in the contract.
ContributionsThe rate actually turns out to be slightly less. After all, it is written without income tax individuals. Other than pension payments, no other deductions are made from salary.
InsuranceThe terms and conditions of insurance must be clarified. It is not necessary to list all payments in full. It is enough to indicate that the organization guarantees a social package for employees. If an internal document is adopted, it is desirable to make a reference to it.
Regional oddsThe agreement determines the size of the allowances. The worker needs to be careful here. For example, a manager promises a salary of thirty thousand, to which a coefficient must still be added. The agreement writes a salary of 28,000 and a coefficient of 2000 rubles. From the point of view of the law, there are no violations here.

The procedure for changing the amount of remuneration

If there is a change in wages in the employment contract, this must be recorded in writing. To this end, the parties sign an additional agreement, which adjusts the terms of remuneration in the employment contract.

Important! The boss cannot voluntarily reduce the salaries of employees. It is necessary to follow the procedure, otherwise the law will be violated.

Employees must be notified in advance if the remuneration in the employment contract changes. The notice is sent out two months before the reduction in wages. If the new wages in the contract do not suit you, then the signature is not put in the employment contract. Instead, the employment relationship is terminated.

Common Mistakes

Despite the fact that the Labor Code of the Russian Federation regulates how working conditions should be indicated in the contract, mistakes are made.

5 things not to do when filling out a contract:

  1. Use vague wording about the amount of remuneration. For example, the work of a specialist is paid in accordance with local acts approved by the enterprise. It is better not to allow such inaccuracies, because inspectors can issue fines.
  2. Prescribe a reward system without specifying on the basis of payment. The employer will make a big mistake if he indicates the employee's right to bonuses, but does not indicate what they are paid for. Indeed, in this case, the head will be obliged to make incentive payments on a par with the main salary. Therefore, it is necessary to carefully formulate provisions on how duties will be paid.
  3. Omit in the form of a provision that the specialist receives an advance. There must be a condition that establishes the frequency of payments. The remuneration must be transferred at least twice a month. Other conditions are contrary to Art. 136 of the Labor Code of the Russian Federation. The rights of a specialist are violated if the time interval between salary and advance payment is more than fifteen days.
  4. Decide how to prescribe the form of payment of remuneration at your discretion. Let's show an example. Remservis LLC has established that employees receive part of their earnings in the form of own products, the rest of the money. At the same time, it is not spelled out how many percent of the income specialists receive in kind. Such a condition is incorrect. The law stipulates that prepayment cannot be less than twenty percent of income.

If the form of the contract establishes remuneration in foreign currency, then the document is void. On the territory of the Russian Federation, the payment unit is the ruble.

  1. It is illegal to set fines. Example. The director of the company does not like that his employees smoke during the day. So he set fines for smoking. Such punishment is illegal. Art. 189 Labor Code lists the types of sanctions, and there are no fines among them. According to the legislation, there are no material sanctions. You can be fined for damage to property or other material damage. But the boss may well apply disciplinary measures against the violator.

So, it is advisable to carefully choose the wording in order to draw up documents in accordance with the letter of the law.

Issues related to the execution of the contract

Payment of remuneration is carried out in various ways. Therefore, questions arise as to how to draw up an employment contract correctly.

ProblemSolution
The specialist receives hourly pay and bonuses for conscientious work. How to correctly include such a condition in an employment contract?The employee's rate is specified. The minimum wage is calculated by dividing the minimum wage by the number of hours worked per week. Payment per hour should not be less than the tariff rate. In this case, compensation and surcharges are taken for calculations. When not only payment itself is important, but also bonuses, a provision is included on the condition for their payment.
The company transfers remuneration to employees twice a month. How to formulate the terms of the payment agreement correctly?You should specify the dates of payments or make a link to a local act, which indicates the frequency of payments.
There was a need to conclude a gratuitous contract with a specialist. How to do it right?The agreement is concluded in the same way as a regular contract. There are two differences: you need to write that the services are provided free of charge, and wages are not transferred.
The company issued a part-time employee with a salary of twelve thousand. How to correctly formulate a payment clause?The remuneration of labor in the employment contract is the correct sample: "The salary of a part-time specialist is six thousand rubles." The number of working hours must not be less than four.

The nuances of the transfer of remuneration should be correctly reflected in the contract.