home » Calculations » The procedure for increasing salaries after raising the minimum wage - who will have a salary increase, how do the changes affect? The increase in the minimum wage: the consequences for employers What does the increase in the minimum wage.

The procedure for increasing salaries after raising the minimum wage - who will have a salary increase, how do the changes affect? The increase in the minimum wage: the consequences for employers What does the increase in the minimum wage.

"Personnel officer. labor law for personnel officer", 2011, N 7

INCREASED SALARY

Why is there a pay difference?

In Art. 146 Labor Code The Russian Federation provides for provisions on wages at an increased rate for workers employed in heavy work, work with harmful, dangerous and other special working conditions. The labor of workers engaged in work in areas with special climatic conditions is also paid at an increased rate. This article of the Labor Code of the Russian Federation is more informational character, and in the future it would even be advisable to exclude it from the Labor Code of the Russian Federation, since in Art. Art. 147 and 148 of the Labor Code of the Russian Federation provides for a more precise and specific regulation of these relations.

Differentiation of wages under special conditions is based on the following factors:

a) the task of ensuring relatively equal conditions for reproduction work force(ability to work);

b) the need to provide benefits in remuneration to employees employed in jobs with more difficult or harmful (dangerous) conditions in order to attract and use them in such jobs.

Accounting for these conditions is carried out through the establishment of additional payments or the establishment of increased tariff rates and salaries. In particular, increased tariff rates are set in traditional sectors of the economy. As a result, there is a trend towards an increase in the number of employees paid at higher tariff rates. Yes, in coal industry 4/5 of all jobs are paid at specified rates; in ferrous metallurgy and chemical industry- about 2/3.

Surcharges for the specified working conditions and their amount are determined by organizations independently, but they cannot be lower than the amounts of surcharges established by the relevant Decrees of the Government of the Russian Federation and others. government agencies on behalf of the Government of the Russian Federation.

Remuneration of labor of workers engaged in heavy work, work with harmful and (or) dangerous and other working conditions is regulated by Art. 147 of the Labor Code of the Russian Federation. Work in other special conditions is work in conditions that deviate from normal (performance of work of various qualifications, combination of professions (positions), overtime work, work at night, on weekends and non-working holidays- Art. Art. 149, 150 - 154 of the Labor Code of the Russian Federation).

Remuneration of labor in areas with special climatic conditions is regulated by Art. Art. 148, 302, 316 - 317 of the Labor Code of the Russian Federation.

The remuneration of labor of employees engaged in heavy work, work with harmful and / or dangerous and other special working conditions is established at an increased rate in comparison with the tariff rates, salaries (official salaries) determined for various kinds works with normal working conditions, but not below the size approved by labor legislation and other regulatory legal acts containing labor law norms.

The minimum wage increase for employees engaged in heavy work, work with harmful and / or dangerous and other special working conditions, and the conditions for this increase are established in the manner determined by the Government of the Russian Federation, taking into account the opinion of the Russian tripartite commission for the regulation of social and labor relations.

Rules for establishing surcharges

To establish a specific amount of additional payments for work in working conditions that deviate from the norm, it is necessary to be guided by the corresponding list of works. Typical lists of jobs with difficult, harmful, especially difficult and especially harmful working conditions were approved by the State Committee for Labor of the USSR and the All-Union Central Council of Trade Unions in pursuance of paragraph 7 of the Decree of the Central Committee of the CPSU, the Council of Ministers of the USSR and the All-Union Central Council of Trade Unions of September 17, 1986 N 1115 "On improving the organization of wages and the introduction of new tariff rates and official salaries of workers in the production sectors of the national economy "(as amended on 07/01/1991, hereinafter - Resolution N 1115). In some sectors of the economy, industry lists. This Decree provides for the inclusion in collective agreements of organizations of lists of specific jobs, jobs and amounts of additional payments for unfavorable working conditions simultaneously with measures to improve working conditions.

The specific amounts of additional payments are determined according to the data of attestation of workplaces and assessment of working conditions. According to the Regulations on the state examination of working conditions of the RSFSR, approved. Decree of the Council of Ministers of the RSFSR of December 3, 1990 N 557, and Recommendations on the organization of the activities of bodies carrying out state examination of working conditions in Russian Federation, approved by Decree of the Ministry of Labor of Russia dated November 30, 2000 N 86, sectoral regulations on the assessment of working conditions in the workplace can be developed.

Clause 7 of Resolution N 1115 establishes the maximum amounts of additional payments to tariff rates and salaries:

At work with difficult and harmful conditions - up to 12%;

With especially severe and especially harmful conditions - up to 24%.

The minimum amounts of additional payments are fixed in clause 2 of the Decree of the USSR State Committee for Labor and the Secretariat of the All-Union Central Council of Trade Unions dated 03.10.1986 N 387 / 22-78 "On approval model provision on the assessment of working conditions at workplaces and the procedure for applying sectoral lists of jobs where additional payments to workers for working conditions can be established. "Additional payments (as a percentage) to the tariff rates (salaries) of workers with difficult and harmful working conditions are 4%, 8% and 12%, with especially difficult and especially harmful working conditions - 16%, 20% and 24%.

The gradation of the amount of surcharges is made according to scoring harmful working conditions in the workplace.

The specific amounts of wage increases are determined by the employer, taking into account the opinion of the representative body of employees in the manner prescribed by Art. 372 of the Labor Code of the Russian Federation for the adoption of local regulations or collective agreement, an employment contract, and cannot be lower than the amounts provided for by the relevant regulatory legal acts.

The Labor Code of the Russian Federation does not provide for ways to increase the wages of workers engaged in hard work, work with harmful and (or) dangerous and other special working conditions. Practice shows that this increase is carried out by establishing:

Increased tariff rates, salaries (official salaries);

Additional payments to tariff rates (salaries, official salaries). In this case, the second method is the most common.

Decree of the Government of the Russian Federation of November 20, 2008 N 870 "On the establishment of reduced working hours, annual paid leave, increased wages for workers engaged in heavy work, work with harmful and (or) dangerous and other special working conditions" fixed the increase in wages who are employed in such jobs, according to the results of attestation of jobs - at least 4% tariff rate(salary) established for various types of work with normal working conditions. Ministry of Health and social development The Russian Federation was instructed to establish within 6 months the minimum wage increase depending on the class of working conditions and taking into account the opinion of the Russian tripartite commission for the regulation of social and labor relations. At the time of writing, this has not yet been done. Letter of the Ministry of Health and Social Development of Russia dated 04/09/2009 N 22-2-15 / 4 "The minimum wage increase for workers employed in work with harmful and (or) dangerous working conditions" recommends that, before the adoption of the relevant regulatory legal act, apply the legislation of the former USSR regulating these questions, - Resolution of the Central Committee of the CPSU, the Council of Ministers of the USSR and the All-Union Central Council of Trade Unions of September 17, 1986 N 1115 and the Resolution of the USSR State Committee for Labor and the Secretariat of the All-Union Central Council of Trade Unions of October 3, 1986 N 387 / 22-78 adopted in accordance with it.

In contrast to the existing upper limits of surcharges established at the by-law regulatory level, Art. 147 of the Labor Code of the Russian Federation does not provide for maximum surcharges.

Special regulations

Taking into account the specifics of working conditions in certain sectors of the economy and the non-productive sphere, remuneration of workers may be regulated by special regulatory legal acts.

So, in accordance with the Federal Law of 20.06.1996 N 81-FZ "On state regulation in the field of extraction and use of coal, on the features of social protection of employees of organizations of the coal industry "the size of the minimum tariff rates (official salaries) for employees engaged in hard work and work with dangerous and (or) harmful working conditions in the extraction (processing) of coal is established tripartite agreement of authorized representatives of organizations for the extraction (processing) of coal, trade unions of workers in the coal industry and the Government of the Russian Federation.The size of the minimum tariff rates (official salaries) for each profession (position) of these employees must exceed the established tariff rates (official salaries) for the relevant professions ( positions) for normal working conditions by at least 10%.

Federal Law No. 136-FZ of November 7, 2000 "On social protection citizens employed in work with chemical weapons "(as amended on 07/24/2009) provides for the payment of such workers in an increased amount. They are given an allowance to their monthly earnings, the amount of which increases with the length of service continuous work with chemical weapons, and an annual seniority award. The tariff rates and official salaries, allowances and annual remuneration for length of service are determined in the manner established by the Government of the Russian Federation (Article 4).

In accordance with Decree of the President of the Russian Federation of August 23, 2000 N 1563 "On urgent measures of social support for specialists in the nuclear weapons complex" (as amended on March 25, 2010) to civilian personnel and servicemen of the Armed Forces of the Russian Federation directly involved in the types of activities carried out in organizations and military units that are part of the nuclear weapons complex of Russia, participation in which entitles you to receive social support, the official salary (tariff rate) is set at 1.5 official salary (tariff rate) provided for staffing, normative legal acts of the President of the Russian Federation and the Government of the Russian Federation.

In accordance with the Regulations on the conditions of remuneration of divers and other employees of organizations financed from budgetary sources for underwater work at shallow depths, approved. Decree of the Ministry of Labor of Russia dated 04/17/1995 N 21 (as amended on 01/11/1996), for the time spent under water, depending on the depth of immersion, divers and other workers, in addition to their monthly tariff rate (salary), set an hourly payment for 1 hour of stay under water. The amount of payment per hour, depending on the depth of diving, is from 10 to 15% of the tariff rate (salary) of the first category of the ETS.

This wage is additionally increased by 20 - 40%, taking into account factors that complicate diving work (current speed, rough water, work under ice, in cluttered and viscous soil, with poor or no visibility, blasting or welding work). and cutting metal under water, etc.). If there are several factors complicating diving operations, the percentages of the increase in hourly pay are summed up, but the amount of the increase should not exceed 100% of the hourly pay.

Earlier, according to Decree of the Government of the Russian Federation of 08.10.1993 N 1002, for healthcare workers, medical scientific institutions and institutions of social protection of the population employed directly in work with hazardous to health and especially difficult working conditions, an increase in salaries (rates) in the amount of 20 to 75 %. But it became invalid in accordance with Decree of the Government of the Russian Federation of March 10, 2009 N 216 "On the amendment and invalidation of certain acts of the Government of the Russian Federation" (as amended on June 21, 2010).

The list of institutions, departments and positions, work in which provides the right to increase salaries (rates) due to hazardous and especially difficult working conditions, approved by Order of the Ministry of Health of Russia dated October 15, 1999 N 377, but, like many other acts, this List expired due to the adoption of Decree of the Government of the Russian Federation of 05.08.2008 N 583 "On the introduction of new wage systems for employees of federal budget institutions and federal government bodies, as well as civilian personnel of military units, institutions and subdivisions federal bodies executive power, in which the law provides for military and equivalent service, whose remuneration is currently carried out on the basis of the Unified tariff scale on remuneration of employees of federal state institutions.

Decree of the Government of the Russian Federation of 03.04.1996 N 391 to employees of healthcare organizations financed from federal budget Those who diagnose and treat HIV-infected people, as well as employees whose work is related to materials containing the human immunodeficiency virus, are provided with a bonus for working in hazardous working conditions.

Decree of the Government of the Russian Federation of 01.10.1998 N 1141 (as amended on 01.02.2005) also established the above allowance for the relevant categories of civilian personnel of military medical and research institutions (divisions) of the Armed Forces of the Russian Federation that diagnose and treat HIV-infected people and are employed in work related to materials containing human immunodeficiency virus.

An increased risk to the health of workers is posed by working in areas affected by radiation due to the Chernobyl disaster.

According to the Law of the Russian Federation of May 15, 1991 N 1244-1 "On the social protection of citizens exposed to radiation as a result of the Chernobyl disaster" (as amended on November 10, 2009), the following additional payments to earnings are established:

For those working in the zone of unconditional (mandatory) resettlement - 3 minimum wages per month;

For those working in the zone of guaranteed voluntary resettlement - 2 minimum wages;

For those working in the zone of radioecological control - 1 minimum wage.

In addition, double tariff rates (salaries) for employees are provided. When calculating surcharges and allowances in this case, the base indicator of their size is the doubled tariff rate (salary, official salary).

Special conditions

Let us dwell on wages at work in areas with special climatic conditions. Areas with severe climatic conditions include:

Far North (north-eastern regions, northern regions of Siberia, northern regions of the European part);

Localities equivalent to the regions of the Far North (Far Eastern regions and other localities);

Southern areas Far East and Eastern Siberia;

European North (except for the regions of the Far North);

Southern regions of Western Siberia, Ural.

The list of localities with difficult working conditions, where the regional coefficient is introduced, is established by the legislation of the USSR and, with some changes and additions, is still in effect. V Lately the territory of the Republic of Tyva is included among the regions of the Far North and areas equated to the regions of the Far North.

Work in such areas and localities is the basis for establishing increased wages in the form of regional coefficients and wage supplements.

The purpose of regional coefficients is to compensate for the increased costs associated with living in regions and localities with adverse natural climatic conditions.

In accordance with the Law of the Russian Federation of February 19, 1993 N 4520-1 "On State Guarantees and Compensations for Persons Working and Living in the Far North and Equivalent Areas" (as amended on July 24, 2009) to persons working in these regions and localities, a single regional coefficient is established for all industrial and non-productive sectors.

The size of the regional coefficients in force in the regions of the Far North and areas equivalent to them are set in the range from 1.1 to 2.0. The regional coefficient is calculated on the actual earnings for the month of work.

It cannot be emphasized that Art. 148 of the Labor Code of the Russian Federation has a reference character. In Art. Art. 315 - 317 of the Labor Code of the Russian Federation establishes regional coefficients and northern allowances used in the regions of the Far North and areas equivalent to them, which are the main ways to increase wages for workers in adverse natural climatic conditions.

Other adverse conditions

In other areas with unfavorable living conditions (alpine, desert and waterless), an additional payment is established in the form of coefficients that are provided for in the regulatory legal acts Russian Federation. Thus, by Decree of the Government of the Russian Federation of December 14, 1996 N 1489, since 1997, a coefficient was introduced for wages for work in desert and waterless areas in the amount of 1.15 on the territory of the Aleksandro-Gaisky district of the Saratov region.

Article 148 of the Labor Code of the Russian Federation applies to workers living and working in adverse natural climatic conditions, that is, to certain categories of workers. In this regard, it seems appropriate to propose to the legislator to exclude this article from Ch. 21 "Salary" of the Labor Code of the Russian Federation. In this context, to provide for this rule in sec. XII Labor Code of the Russian Federation, in Ch. 50 "Peculiarities of labor regulation of persons working in the regions of the Far North and equivalent areas".

At the same time, it would be advisable to clarify the title of Ch. 50 of the Labor Code of the Russian Federation, namely: "Features legal regulation labor of persons working in regions and localities with unfavorable natural climatic conditions.

The cardinal solution to the problem, of course, is not seen in increased wages, not in material incentives for workers engaged in hard work, work with harmful and dangerous working conditions. In Art. 2 part 2 of the European Social Charter provides: in order to ensure the effective exercise of the right to fair working conditions, eliminate the risk associated with the performance of dangerous and hazardous work and, where it is not yet possible to eliminate or sufficiently mitigate this risk, to provide either a reduction in working hours or additional paid holidays for those employed in such jobs (paragraph 4).

Bibliographic list

1 -1

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 assistance 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.

“Theoretically, the minimum wage is increased 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.

Per Last year the minimum wage has increased significantly (on 01/01/2018 it was 9489 rubles, from 05/01/2018 it increased to 11163 rubles, and from 01/01/2019 it will be equal to 11280 rubles). In this regard, the editorial office receives many questions about which components of the salary should not be lower than the established limit, and which ones should be charged in excess of the “minimum wage”. We will acquaint you with the new explanations of officials and judges on this matter.

The monthly salary of an employee who has fully worked out the standard of working hours for this period and fulfilled the labor standards (labor duties) cannot be lower than minimum size wages ( Art. 133 of the Labor Code of the Russian Federation). Accordingly, if the salary of employees is below the minimum wage, it should be increased. A quite fair question arises: what components of wages are we talking about?

Let's turn to Art. 129 of the Labor Code of the Russian Federation, according to which wages (remuneration of an employee) include:

- remuneration for work depending on the qualifications of the employee, the complexity, quantity, quality and conditions of the work performed;

— compensation payments (including for work in conditions that deviate from normal, work in special climatic conditions and in territories subjected to radioactive contamination, and other payments of a compensatory nature);

- incentive payments (additional payments and allowances of a stimulating nature, bonuses and other incentive payments).

From the foregoing, we can conclude that labor legislation allows the establishment of salaries (tariff rates) as constituent parts wages of employees in the amount of less than the minimum wage, provided that wages, including incentive and compensation payments, which, within the meaning of Art. 129 of the Labor Code of the Russian Federation are elements of wages (its components), cannot be lower than the minimum wage established by federal law ( Letter of the Ministry of Labor of the Russian Federation dated 09/04/2018 No.141/OOG-7353).

However, there are exceptions to this rule.

Compensation for work in the Far North

According to Art. 148,315 - 317 of the Labor Code of the Russian Federation wages in special climatic conditions should be carried out at an increased rate. constitutional court in Decree of 07.12.2017 No.38P did important conclusion: regional coefficient and percentage bonus for work in the regions of the Far North and equivalent areas ( Part 1 Art. 133 of the Labor Code of the Russian Federation) must be paid in excess of the minimum wage.

In particular, the court's conclusion was based on the following: remuneration for work not lower than the minimum wage established by federal law is guaranteed to everyone, and therefore, the determination of its value should be based on the characteristics of labor characteristic of any labor activity, excluding special conditions its implementation. At the same time, increased wages in connection with work in special climatic conditions should be made after determining the amount of wages and fulfilling the constitutional requirement to ensure the minimum wage, which means that the district coefficient and the percentage bonus accrued in connection with work in areas with special climatic conditions , including those in the regions of the Far North and equivalent areas, cannot be included in the minimum wage.

The operative part of the resolution of the Constitutional Court of the Russian Federation states that it is final, not subject to appeal, enters into force immediately after the proclamation, acts directly and does not require confirmation by other bodies and officials.

Compensation for harmful working conditions

So, the issue with the payment of "northern" allowances and the procedure for calculating the minimum wage has been resolved. However, according to the text of the motivational part Resolutions of the Constitutional Court of the Russian Federation No.38P another conclusion can be traced: when establishing a remuneration system, it is necessary to equally observe both the norm that guarantees an employee who has worked a full month (fulfilled his job duties) a salary not lower than the minimum wage, and the rules established by Art. 147 Labor Code of the Russian Federation, according to which the remuneration of workers employed in work with harmful and (or) dangerous working conditions is made at an increased rate ( definitions dated 01.10.2009 No.1160O-O,dated 17.12.2009 No.1557O-O,dated 25.02.2010 No.162O-O and dated 25.02.2013 No.327O). That is, according to the Constitutional Court of the Russian Federation, an additional payment for “harmfulness” should also be charged in excess of the “minimum wage” (we emphasize that this conclusion runs like a red thread through the text of the resolution, but is not a subject of dispute).

Overtime pay

The question of whether additional payments for overtime work should be included in the minimum wage or charged in excess of it was considered by officials of the Ministry of Labor ( letters dated 04.09.2018 No.141/OOG-7353,dated 09.10.2018 No.142/B-808). In their opinion, given that overtime work is carried out outside the normal working hours, its payment should also not be included in the minimum wage.

Other compensation payments

The Ministry of Labor also concluded that a similar approach should be applied when taking into account other compensation payments, for example:

- for night work Art. 96 Labor Code of the Russian Federation);

- for work on non-working holidays ( Art. 112 Labor Code of the Russian Federation).

At the same time, officials explained that if work on weekends and non-working holidays, night time was carried out within working hours, then its payment is taken into account as part of the minimum wage.

It is necessary to take into account the provisions of regional agreements

It should be noted that at the level of the subject of the Russian Federation, a (regional) minimum wage is established, which can be equal to or exceed the federal one.

note

The regional minimum wage does not apply to employees of institutions financed from the federal budget ( Art. 133.1 of the Labor Code of the Russian Federation).

The monthly salary of an employee working in the territory of the corresponding subject of the Russian Federation and consisting of labor relations with an employer for whom a regional minimum wage agreement is in effect in accordance with part 3 and 4 tbsp. 48 Labor Code of the Russian Federation or to which the said agreement has been extended in the manner prescribed by part 6 - 8 art. 133.1 of the Labor Code of the Russian Federation, cannot be lower than the minimum wage in this constituent entity of the Russian Federation, provided that specified worker fully worked out the norm of working hours during this period and fulfilled the norms of labor (labor duties).

For reference

If, within 30 calendar days from the date of the official publication of the proposal to join the regional minimum wage agreement, employers operating in the territory of the relevant constituent entity of the Russian Federation have not submitted a reasoned written refusal to join it to the authorized executive body of the constituent entity of the Russian Federation, this agreement shall be considered extended to these employers from the date of official publication of this proposal and is subject to mandatory execution by them ( Part 8 Art. 133.1 of the Labor Code of the Russian Federation).

In addition, regional tripartite agreements of the subjects of the Russian Federation may establish the procedure for determining the minimum wage. For example, by virtue of clause 3.1.3 of the Moscow tripartite agreement for 2016-2018 between the Government of Moscow, Moscow associations of trade unions and Moscow associations of employers, the minimum wage in Moscow (18,742 rubles) includes the minimum amount payments to an employee who has worked a monthly norm of working time, established by law of the Russian Federation, and who fulfilled his labor duties (labor standard), including the tariff rate (salary) or wages under the tariff-free system, as well as additional payments, allowances, bonuses and other payments, with the exception of payments made in accordance with:

— with Art. 147 "Payment of workers employed in work with harmful and (or) dangerous working conditions" of the Labor Code of the Russian Federation;

- from Art. 151 "Payment for combining professions (positions), expanding service areas, increasing the volume of work or performing the duties of a temporarily absent employee without exemption from work determined by the employment contract" of the Labor Code of the Russian Federation;

— with Art. 152 "Payment overtime» Labor Code of the Russian Federation;

— with Art. 153 "Payment on weekends and non-working holidays" of the Labor Code of the Russian Federation;

— with Art. 154 "Payment at night" of the Labor Code of the Russian Federation.

That is, in Moscow, the above-mentioned compensation payments should be accrued in excess of the minimum wage.

Thus, when deciding which parts of wages are taken into account as part of the minimum wage, and which should be charged in excess of it, institutions should be guided by regional agreements establishing general principles regulation of social and labor relations at the level of the subject of the Russian Federation.

Employer's responsibility

Employers who do not comply with the requirements of labor legislation (including in terms of setting the amount of wages) may be held administratively liable for Art. 5.27 of the Code of Administrative Offenses of the Russian Federation.

In addition, the manager may be involved in criminal liability (Letter of the Ministry of Labor of the Russian Federation dated 09.10.2018 No.142/B-808). According to Art. 145.1 of the Criminal Code of the Russian Federation payment out of selfish or other personal interest by the head of an organization (head of a branch, representative office or other separate (structural) subdivision of an organization) of wages for more than two months in an amount lower than the minimum wage established by federal law is punishable:

- or a fine in the amount of 100,000 to 500,000 rubles. or in the amount of wages (other income of the convict) for a period of up to three years;

- or forced labor for up to three years with deprivation of the right to hold certain positions or exercise certain activity for a period of up to three years or without it;

- or imprisonment for up to three years with deprivation of the right to hold certain positions or carry out certain activities for up to three years or without it.

Each employee is guaranteed a salary in the amount not lower than the minimum wage established by federal law (if the institution is subject to a regional agreement on social and labor relations, not lower than the regional minimum wage). At the same time, it should be borne in mind that some compensation payments should be accrued in excess of the minimum wage. Today, we can firmly say that, in addition to the minimum wage, an additional payment for work in special climatic conditions (the regional coefficient and the “northern” allowance) should be charged, since this issue has been resolved at the level of the Constitutional Court and cannot be interpreted differently.

As for others compensation payments(for work in hazardous conditions, work on holidays and weekends, work at night, etc.), currently there are only recommendations from officials of the Ministry of Labor in this regard. In their opinion, these additional payments should also be charged in excess of the minimum wage. If the employer does not follow these recommendations, it is not excluded Negative consequences in the form of fines.

In addition, all employers covered by regional agreements must comply with their requirements.

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 the Russian Federation has there been such an 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.

It should be noted that recently the regulatory authorities have been paying a lot of attention to the work on the legalization of wages. Under the leadership of the Ministry of Labor, interdepartmental commissions have been created in each constituent entity of the Russian Federation 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.

02.11.2016 11:08:00

With the introduction federal law No. 426-FZ “On a special assessment of working conditions” and the publication of its edition 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 Federal Law No. 426-FZ of December 28, 2013 “On the Special Assessment of Working Conditions” (as amended on May 1, 2016; hereinafter referred to as Federal Law No. 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, according to the norm of the Federal Law No. 426-FZ and the Labor Code of the Russian Federation, it will be necessary to conduct an SA 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 harmful working conditions of employees are 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 employees whose work is associated with harmful and dangerous 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 did not improve at the workplace (see Article 15 of the Federal Law of December 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 allowance for harmfulness should not be less than 4% of the tariff rate (salary) established for various types of 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. So, for example, the Industry Agreement on the coal industry of 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.

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