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Terms of payment of wages. What are the terms for paying wages under the Labor Code

Payment terms wages strictly regulated by labor law. Any deviation from legal norms that worsens the position of an employee is unacceptable, even if it is fixed in the regulations of the employing organization. You can read more about the terms, procedure, place and forms of salary payment in this article.

Procedure, place and terms of payment of wages

In accordance with the Labor Code of Russia, all questions regarding the place of payment of wages, the procedure and terms for its issuance are specified in the local documents of the employer company or in the employment or collective agreement. However, the Labor Code of the Russian Federation contains a number of restrictions, which the employer is not entitled to neglect.

Salary

Part 3 of Article 133 of the Labor Code of the Russian Federation prohibits the employer from setting wages below the minimum wage established at the federal level. In the regions of Russia, this amount may be higher, but in no case less.

Terms of payment of wages

The specific day for the payment of wages is determined by the internal documents of the organization, but, according to part 6 of article 136 of the Labor Code of the Russian Federation, it is paid at least 2 times a month. At the same time, it must be issued no later than 15 days from the end of the period for which it was accrued.

The procedure for paying wages

The method of providing monetary allowance depends on many factors, including the source of funding of the employing organization. Part 3 of Article 136 of the Labor Code of the Russian Federation allows settlement both in cash at the cash desk of the enterprise, and by transferring money to a bank account through credit organization.

IMPORTANT! Starting from 2014, employees have the right to independently choose the bank that holds the salary account. When changing a credit institution, it is necessary to notify the employer in writing at least 5 days before the day the salary is paid, providing all the required details for transferring money.

Calculation of wages and advance payments

The Labor Code does not contain the concept of "advance": from the point of view of the law, this is part of the salary paid in the 1st half of the month. According to the Decree of the Council of Ministers of the USSR "On the procedure for paying wages to workers for the first half of the month" No. 566 dated May 23, 1957, minimum size the advance payment must correspond to the employee's tariff rate for the time actually worked.

The amount of the advance can be changed by the decision of the employer or in accordance with the local acts of the enterprise only upwards.

Important: despite the prescription of the Decree of the Council of Ministers No. 566, this document is still valid and is mandatory for employees authorized to calculate and pay wages, regardless of the form of ownership and source of financing of the employing enterprise.

An example of calculating the amount of advance payment and salary

The amount of salary at the tariff rate: 30,000 rubles.

The terms of payment of wages are the 16th day of the current (for the first half of the month) and the 1st day of the next (for the second half) month.

Settlement month: 30 calendar days, 22 working days and 8 days off.

The number of actually worked days as of the 16th day of the current month: 11.

30,000 / 22 \u003d 1,363 rubles 64 kopecks (salary for 1 day).

1,363.64 × 11 \u003d 15,000 rubles 4 kopecks (advance payment calculated from earnings for 11 days).

Personal income tax, in accordance with paragraph 2 of Article 223 of the Tax Code of the Russian Federation, is withheld at the final settlement based on the results of the month worked, that is, upon payment of the 2nd part of the salary. Thus, the amount of the allowance due for issuance on the 1st of the next month will be:

30,000 (total wages) - 15,000.04 (advance payment issued on the 16th of the previous month) - 3,900 (personal income tax 13% of 30,000 rubles) = 11,099.96. Thus, the total amount of wages without personal income tax will be 15,000.04 + 11,099.96 = 26,100 rubles 00 kopecks.

Issuance of wages by products

Article 131 of the Labor Code of the Russian Federation obliges Russian employers to pay their employees salaries in the national currency, that is, in rubles. However, the same rule allows for the possibility of settlements in other forms not prohibited by the current legislation of the Russian Federation and international law.

IMPORTANT! The share of non-monetary wages cannot exceed 20% of the amount of monthly earnings accrued.

The issuance of a part of the salary in products is possible if the latter does not belong to the category of items whose circulation in Russia is prohibited or limited:

spirits and other forms of alcohol;
weapons (including components) and ammunition;
narcotic, poisonous, harmful and other toxic drugs and substances.

In addition, the issuance of wages by fixing debt obligations is prohibited: in bonds, coupons, IOUs, etc.

Important: the employer has the right to pay part of the wages with products only if such an opportunity is specified in the employment or collective agreement. In addition, relevant agreements may be concluded between employees and the employer. additional agreements. That is, the employee one way or another must express his consent to the calculation in non-monetary form.

Payment of wages upon dismissal

By virtue of part 1 of article 140 of the Labor Code of the Russian Federation, in the event of termination employment contract with the employee, the employer is obliged to provide him with a full settlement immediately on the day of dismissal. If for some reason this is not possible (for example, the employee was absent at that moment), the payment of wages (Labor Code of the Russian Federation, Part 1 of Article 140) is made a maximum of the next day after the employee submits the corresponding request.

Important: this provision applies not only to the payment of wages, but also to other types of payments due: compensation for unused vacation, bonus at the end of the year, etc.

If there is a dispute about the amount of cash payments due to the dismissed employee, the undisputed part of the amount is subject to immediate issue. The fate of the remaining share is decided in court.

IMPORTANT! An unreasonable refusal to pay wages to both a dismissed and an existing employee entails bringing the employer to liability - from material to criminal. Therefore, in such situations, you should immediately contact the labor inspectorate, the prosecutor's office or the court (see: Where to complain about the employer and how to complain correctly?).

When paying wages, the employer must notify writing each employee:

1) about constituent parts wages due to him for the relevant period;

2) on the amount of other amounts accrued to the employee, including monetary compensation for violation by the employer of the established deadline, respectively, payment of wages, vacation pay, payments upon dismissal and (or) other payments due to the employee;

3) on the amount and grounds for the deductions made;

4) on the total amount of money to be paid.

The form of the payslip is approved by the employer, taking into account the opinion of the representative body of employees in the manner prescribed by Article 372 of this Code for the adoption of local regulations.

Wages are paid to the employee, as a rule, at the place of work or transferred to the credit institution specified in the employee's application, on the conditions determined by collective agreement or an employment contract. The employee has the right to change the credit organization to which the wages are to be transferred by notifying the employer in writing of the change in the details for the transfer of wages no later than five working days before the day of payment of wages.

The place and terms of payment of wages in non-monetary form are determined by a collective agreement or an employment contract.

Wages are paid directly to the employee, unless another method of payment is provided for by federal law or an employment contract.

Wages are paid at least every half a month. The specific date for the payment of wages is established by the internal labor regulations, the collective agreement or the employment contract no later than 15 calendar days from the date of the end of the period for which it is accrued.

If the day of payment coincides with a weekend or non-working holiday, payment of wages is made on the eve of this day.

Holidays are paid no later than three days before the start of the holiday.

Comments to Art. 136 Labor Code of the Russian Federation

1. The accrual of advances on wages is stated in the letter of Rostrud dated September 8, 2006 N 1557-6.

In accordance with Art. 136 of the Labor Code, wages are paid at least every half a month on the day established by the internal labor regulations of the organization, the collective agreement, the employment contract.

The Labor Code does not regulate the specific terms for the payment of wages, as well as the size of the advance payment.

At the same time, it should be borne in mind that, according to Decree of the Council of Ministers of the USSR of May 23, 1957 N 566 "On the procedure for paying wages to workers for the first half of the month", which is in force in the part that does not contradict the Labor Code, the amount of the advance payment on account of workers' wages for the first half of the month is determined by an agreement between the administration of the enterprise (organization) and the trade union organization when concluding a collective agreement, however, the minimum amount of the specified advance payment must not be less than tariff rate worker for hours worked.

With regard to the specific timing of the payment of wages, including advance payment (specific dates calendar month), as well as the size of the advance, they are determined by the internal labor regulations, the collective agreement, the labor contract.

Thus, in addition to the formal fulfillment of the requirements of Art. 136 of the Labor Code on the payment of wages at least 2 times a month, the employer, when determining the amount of the advance payment, should take into account the time actually worked by the employee (actual work performed).

2. In accordance with Art. 13 of ILO Convention No. 95 "Regarding the Protection of Wages" (1949), the payment of wages, when made in cash, must take place only on working days and at or near the place of work, if national law, collective agreement or decision arbitration body provide otherwise, or unless other means known to the workers are deemed more appropriate.

3. It is forbidden to pay wages in cafes or other similar establishments, and also, if it is necessary to prevent abuse, in shops retail and in places of entertainment, except in cases where wages are paid to persons working in such institutions.

4. The day of payment of wages is determined by the internal labor regulations, the collective agreement, the labor contract.

5. Wages are paid at least every half a month. The employer has no right to change this rule even with the consent of the employee. Payment of wages once a month is gross violation labor legislation, since for most workers wages are the only source of livelihood.

6. ILO Convention No. 95 draws attention to the need to pay wages to the worker directly concerned, unless he agrees to another payment option.

In order for the employee to use the vacation at his own discretion, the employer is obliged to pay for the vacation no later than 3 days before it starts.

If the employer did not fulfill his obligation: he did not warn about the beginning of the vacation or did not pay for the vacation, then the vacation, by agreement with the employee, is postponed to another period convenient for the employee. Postponement of vacation is the responsibility of the employer.

7. In the Ruling of the Constitutional Court of the Russian Federation of June 24, 2008 N 341-O-O "On the refusal to accept for consideration the complaint of citizen Kondrashov Alexander Gennadievich about the violation of his constitutional rights by part six of Article 136 of the Labor Code Russian Federation"The legal position of the Constitutional Court of the Russian Federation on the application of Article 136 of the Labor Code is given.

In his complaint to the Constitutional Court of the Russian Federation, the applicant asks that Art. 37 of the Constitution of the Russian Federation, Part 6, Art. 136 of the Labor Code, according to which wages are paid at least every half a month on the day established by the internal labor regulations, collective agreement, labor contract.

The Constitutional Court of the Russian Federation, having studied the materials submitted by the applicant, found no grounds for accepting his complaint for consideration.

Part 6 Art. 136 of the Labor Code, as follows from its content, is one of the guarantees for the realization of the employee's right to timely and full payment of wages, is aimed at ensuring the regularity of wages and in itself cannot be considered as violating the constitutional rights of the applicant specified in the complaint.

When paying wages, the employer must notify each employee in writing of:

1) on the components of wages due to him for the relevant period;

3) on the amount and grounds for the deductions made;

4) on the total amount of money to be paid.

The form of the payslip is approved by the employer, taking into account the opinion of the representative body of employees in the manner established for the adoption of local regulations.

Wages are paid to the employee, as a rule, at the place of work or transferred to the credit institution specified in the employee's application, on the terms determined by the collective agreement or labor contract. The employee has the right to change the credit organization to which the wages are to be transferred by notifying the employer in writing of the change in the details for the transfer of wages no later than five working days before the day of payment of wages.

The place and terms of payment of wages in non-monetary form are determined by a collective agreement or an employment contract.

Wages are paid directly to the employee, unless another method of payment is provided for by federal law or an employment contract.

If the day of payment coincides with a weekend or non-working holiday, payment of wages is made on the eve of this day.

Holidays are paid no later than three days before the start of the holiday.

Commentary on Art. 136 Labor Code of the Russian Federation

1. The obligation of the employer to inform the worker in writing of the components of his wages at each payment, the amount and grounds for withholding, as well as the total amount of money due to the worker, is in accordance with the provisions of ILO Convention No. 95 "Regarding the Protection of Wages" (1949). .).

2. The above information is contained in the payslip, the form of which is approved by the employer, taking into account the opinion of the representative body of employees (see).

3. The place of payment of wages, cash or non-cash form of payment, issues of remuneration in non-monetary form (see) are determined by a collective or labor agreement, and the frequency of payments is determined by the internal labor regulations, unless otherwise established by federal law.

Second commentary on Article 136 of the Labor Code

1. The article has not undergone significant changes. The composition of the salary present stage became extremely difficult. In addition to the basic rate (salary), it includes various kinds of allowances, surcharges, compensation payments, the size of which the employee often does not know. Therefore, the duty of the employer, introduced for the first time by the Code, to notify each employee in writing of the relevant parts of the wages due to him for the relevant period, as well as the amounts and grounds for the deductions made and the total amount payable, will allow the employee to control the correctness of the amounts accrued to him and the legality of the payments made. from wage deductions. For deductions from wages, see,.

This norm is also important in connection with the fact that it allows the employee to keep his own records of the amounts paid to him on account of wages, and on the basis of this information to have an idea of the insurance premiums in the order of compulsory pension insurance, which should be received on his account. individual personal account in the territorial body of the Pension Fund.

2. The Code does not establish any single, mandatory for all employers, form of a payslip. This form is approved by the employer himself by adopting a local regulatory act, taking into account the opinion of the representative body of employees. An addition has been made to Article 136 of the Labor Code, providing that the form of the payslip is approved in the manner prescribed.

3. The obligation of the employer to pay wages, as a rule, at the place where the worker performs work, is of particular relevance for employees of those enterprises, organizations whose structural divisions are geographically located in different places. The duty of the employer is to organize the payment of wages to each employee in the place where he performs his labor duties. This also applies to cases when an employee performs his labor function on the territory of another organization or while on a business trip. Collective agreements usually contain a condition on the place where wages are paid to employees of workshops, departments of the organization.

4. Wages can also be paid to an employee by transferring to his current bank account, by postal order through communications enterprises. In these cases, an appropriate statement from the employee is required. Payment for services for the transfer and payment of wages is carried out at the expense of the employer, if the condition for this is provided for in the collective or labor contract.

5. For the first time, the Code provides for the payment of wages in non-monetary form (see). The place and terms of payment of wages in this form are determined by the collective or labor contract. Obviously, these contracts should also stipulate conditions on the types of security in kind suitable for the personal consumption of the worker and his family, and the value of the in-kind part of the wages, which should be fair and reasonable.

6. By general rule wages are paid directly to the employee himself, unless federal law or an employment contract provides for another method of payment. An employment contract may, for example, provide that by a power of attorney issued by an employee to another person, this person may receive the wages due to the employee. A duly executed power of attorney is mandatory for the employer.

7. Like the previous legislation, the Code obliges the employer to pay wages at least every half a month.

Violation of this norm of labor legislation has become widespread, and the problem of timely payment of wages in all sectors of the economy has become a national problem. The delay in payment of wages is due to both objective and subjective reasons.

In summary judicial practice consideration of civil cases by courts in disputes over wages, it is stated that the statistics for the whole of the Russian Federation indicate a significant increase in the number of cases of claim proceedings on wages and a high percentage of claims satisfied by the courts. Compensation claims are predominantly filed by employees joint-stock companies, production cooperatives, banks, insurance companies and other commercial organizations. Among the reasons for the high number of claims for wages, especially in cases of delayed wages, there are often such as misappropriation officials organizations Money, their abuse official position(See Bulletin of the Armed Forces of the Russian Federation. 1997. N 2. P. 24).

In this regard, the norms on the liability of the employer for violation of the terms of payment of wages and other amounts due to the employee, and on the obligation of the employer to compensate the employee for material damage caused as a result of unlawful deprivation of his opportunity to work are extremely important.

What are the payroll dates for Labor Code?

Terms of payment of wages are set by local regulations organizations. About the order of their correct fixing and application, read further in our material.

Procedure and place of payment of wages

The frequency and place of remuneration (wages, hereinafter referred to as RFP) are provided for in Art. 136 of the Labor Code of the Russian Federation (hereinafter referred to as the Labor Code of the Russian Federation). Payment is made in cash in Russian rubles. In other forms, the RFP can be issued only in cases established by the labor or collective agreement, at the request of the employee, made in writing. The share of non-monetary payments cannot exceed 20% of the monthly salary (Article 131 of the Labor Code of the Russian Federation).

Payments made in cash can be made:

By paying in cash from the cash desk of the enterprise. It is produced, as a rule, at the location of the enterprise-employer. Payment of wages elsewhere must be fixed in the employment contract.
By transferring money to bank card. An employee can replace a banking organization by submitting a written application no later than 5 working days before the day of the next salary payment.

The place of making payments made in non-cash form is subject to fixing in the labor or collective agreement.

Terms of payment of wages under the Labor Code of the Russian Federation in 2018 - 2019

Terms of payment of wages are established in Art. 136 of the Labor Code of the Russian Federation. Remuneration is made at least once every half a month. In this case, the final payment must be made no later than the 15th day after the end of the paid period. So, the RFP for June cannot be made later than July 15th.

This norm was established by the Law "On Amendments ..." dated 03.07.2016 No. 272-FZ and entered into force on 03.10.2016. Starting from this date, the issuance of a salary for the worked period, made after the 15th day of the next month, is illegal.

The procedure and terms of payment of wages can be prescribed:

in a collective agreement;
internal labor regulations (PVTR);
labor contract.

For violation deadlines payment of wages, the Labor Code provides for the payment by an enterprise of monetary compensation in the amount of at least 1/150 of the key rate set by the Bank of Russia for each day of delay. The term of the latter begins to run from the day following the day of payment (Article 236 of the Labor Code of the Russian Federation).

Sample order on the timing of the issuance of wages

When changing the timing of the issuance of funds, an order is drawn up that provides for specific dates for the issuance of the RFP. It should be borne in mind that the employee must be notified of such changes 2 months before they begin to take effect. In addition, the updated terms are subject to inclusion in the PWTR, labor and collective agreements (i.e., it will be necessary to conclude additional agreements to labor and collective agreements).

The order to change the timing of the issuance of the RFP must contain the following attributes:

Name of the organization;
the place and date of its compilation;
the name of the document ("Order") and its serial number;
justification (for example, in accordance with the changes made to the Labor Code of the Russian Federation);
date of issue (transfer) of RFP;
an indication of amendments to labor contracts with employees and PWTR;
indication of the person responsible for the execution of the order;
signature of the head of the enterprise, his position and transcript of the signature;
a list of employees to be familiarized with this order.

How much is the frequency of payment of wages

As we wrote above, the Labor Code of the Russian Federation prescribes to pay the RFP 2 times within 1 month. In this case, the final payment for the hours worked will be the second payment. The first, called advance, was fixed back in Soviet times Decree of the Council of Ministers of the USSR "On the procedure for paying wages to workers for the first half of the month" dated May 23, 1957 No. 566 (hereinafter - Decree No. 566).

The Labor Code of the Russian Federation does not contain such a thing as an advance, however, Resolution No. 566 has not lost its force to this day and is applied to the extent that it does not contradict current legislation. Thus, hereinafter, by advance we will mean wages for the first half of the month worked.

Also, in the manner established at the enterprise for the issuance of RFP, benefits are paid:

on pregnancy and childbirth;
temporary disability;
child care.

IMPORTANT! The employer has the right to provide for more frequent salary payments than 2 times a month (letter of the Ministry of Labor dated November 28, 2016 No. 14-1 / B-1180).

How to correctly calculate and pay an advance on wages

In a letter dated November 30, 2009 No. 3528-6-1, the Federal Labor and Employment Service explained that the provision on advance payment is an imperative norm and applies to all employees, regardless of their form of employment or desire. An advance on wages must be accrued and paid even in cases where:

the employee wrote a statement with a request to pay him a RFP once a month;
the size of the advance on wages is insignificant;
employee works part-time.

Local acts of enterprises-employers, which stipulate the payment of wages 1 time during the month, are void in this part and are not subject to application. Thus, an advance on wages in 2018-2019 is required.

How the amount of the advance is calculated: calculation of the amount of the advance on wages in 2018-2019

When calculating the advance, you should consider:

monthly salary;
allowances for harmful (special) working conditions;
additional payments for an extended range of duties;
additional payment for replacing a temporarily absent employee who is on sick leave or on vacation;
payments for combining positions, etc.

Not included in the calculation:

bonuses, since it is not yet known whether such an incentive payment will be made to the employee;
social payments, since they are not wages;
financial assistance, etc.

How is salary advance calculated? We will find the answer to this question in the resolution No. 566 discussed above: the minimum amount of the advance should not be lower than the tariff rate for hours worked.

With piecework pay, the actual work done is subject to accounting (letter Federal Service on labor and employment dated 08.09.2006 No. 1557-6) or actual hours worked (letter of the Ministry of Labor dated 03.02.2016 No. 14-1/10/B-660).

The calculation of the advance on wages is carried out in 2 main ways:

Depending on the actual work done or the hours worked for 1/2 month. The salary rate is divided by the norm of working days in a month and multiplied by the time actually worked.
As fixed interest from the monthly salary, for example 50%.

When applying a fixed percentage, there is a possibility that the employee will not work out the advance payment given to him. This is possible when an employee has spent a significant part of the working time on leave without pay or on sick leave. In this case, the employer himself decides how to pay the advance on wages.

Issuance of pay slips

The already mentioned Art. 136 of the Labor Code of the Russian Federation requires the employer to inform each employee in writing:

About the components of the RFP due to him (salary, allowance, additional payments, etc.).
The amount of other accrued payments, such as temporary disability benefits. This category also includes the amount of compensation accrued by the employer for non-compliance with the timing of payments.
The amount of deductions made and the grounds on which they were made.
The total amount to be paid to the employee.

The form of such a sheet, as well as other information that should be included in it, is subject to approval in the form of a local act of the enterprise with the obligatory consideration of the opinion of the representative body of employees.

Responsibility for violation of the terms of payment of wages

In addition to the monetary penalty, the amount of which we talked about above, for non-payment of the salary on time, the legislator also provided for administrative and criminal liability.

P. 6 Art. 5.27 of the administrative offenses The Russian Federation has established the following fines:

10,000-20,000 rubles for the head of the enterprise;
1,000-5,000 rubles for citizens-entrepreneurs;
30,000-50,000 rubles for legal entities.

Part 1 Art. 145.1 of the Criminal Code of the Russian Federation provides for the criminal liability of the head of a legal entity or its separate structural unit for partial non-payment of wages, other benefits and payments in the form of:

a fine of up to 120,000 rubles. or in the amount of the salary of the head or his other income for a period of up to 1 year;
or forced labor up to 2 years;
or deprivation of the right to hold certain positions for up to 1 year;
or a term of imprisonment up to 1 year.

Complete non-payment of wages for more than 2 months entails an increase in the amount of fines and a real term of imprisonment up to 3 years, and actions committed repeatedly can lead to 5 years in prison.

Thus, the RFP must not only be paid, but also comply with the terms and rules described by us in this material. The main thing is to remember that nothing exempts from paying an advance and the deadline cannot be later than the 15th day of the month following the settlement month.

1. The provisions of Article 136 of the Labor Code of the Russian Federation are formulated in relation to the rules provided for by the ILO Convention N 95 "Regarding the protection of wages" (1949).

2. When accruing and paying wages, each employee must be given a pay slip containing information about the amount and components of wages, as well as deductions made. The list of information established by Part 1 of Article 136 of the Labor Code of the Russian Federation is mandatory for inclusion in the payslip.

The form of the payslip is not defined by the Code; it is approved by the employer, taking into account the opinion of the representative body of employees. Thus, it is given the force of a local normative act, which serves as an additional guarantee of the rights of workers.

The pay slip must be issued at least once a month when making the final payment based on the results of work for the month.

3. Wages must be paid at the place of work. This rule was established in order to create the most convenient conditions for the employee: he should not waste his free time and travel in order to receive wages at the central office of the organization, centralized accounting, etc.

Place of performance of work (including specific workplace remote from the location of the organization) is determined by the internal labor regulations, other local regulations or an employment contract.

4. A collective agreement or an employment agreement with a specific employee may provide for the transfer of wages to specified by the worker bank account. An appropriate change can be made to the employment contract after its conclusion.

The terms of the transfer (terms, order, size) are determined in the collective agreement or in the employment contract. The costs of transferring money and servicing a bank card (if an appropriate account is opened) are borne by the employer.

5. When paying a part of wages in non-monetary form, the place, terms and procedure for issuing the relevant goods (products) are established in a collective or labor contract. At the same time, the most favorable conditions for the employee should be provided, for example, bulky or heavy goods should be delivered to the employee's home or he is given the opportunity to gradually remove them.

On the payment of wages in non-monetary form, see also comments. to Art. 131.

6. Wages are paid directly to the employee. Exceptions to this rule may be established by federal law or an employment contract. Federal laws do not provide for such exceptions. In the employment contract, the parties are free to establish any method of paying wages, for example, transferring it to the account of the spouse (one of the parents, children, etc.) of the employee, issuing wages in cash by proxy issued by the employee.

In case of restriction of the employee’s legal capacity in the manner provided for in Art. 30 of the Civil Code, his salary is issued to the trustee on the basis of a trustee certificate or to the employee himself, but on the basis of written consent trustee.

7. Wages must be paid at least every half a month. Specific days for the payment of wages are established by a collective agreement, or internal labor regulations, or an employment contract.

In practice, two or three days for the issuance of wages are usually set, for example, on the 1st, 2nd, 3rd and 15th, 16th, 17th of each month. Most organizations use advance system calculation of wages, in which in the middle of the month an advance is paid, which is usually a part of the tariff rate (official salary) and compensatory surcharges of a permanent nature (for harmful conditions labor, etc.), and at the beginning of the next month, a final settlement is made, including incentive payments.

8. The establishment of other terms for the payment of wages is possible only in federal law. An agreement on the payment of wages once a month, regardless of the level at which it is concluded, is contrary to the provisions of the law.

9. Article 136 of the Labor Code of the Russian Federation provides for special rules for the payment of wages in cases where the day of its issuance coincides with a weekend or non-working holiday. In these cases, wages must be paid the day before - on the last day of work or in advance.

Holidays are paid in advance. In case of violation of the deadline for paying for a vacation, it can be postponed (see comments to Article 124).

10. Parts 3 and 5 of Article 136 of the Labor Code of the Russian Federation were the subject of a challenge in the Constitutional Court of the Russian Federation, which, in its Ruling of April 21, 2005 N 143-O, indicated that these norms represent guarantees for the implementation of the provisions enshrined in the Labor Code (Article 2 , 21, 22 and 56) the right of the employee to the timely and full payment of wages; are aimed at ensuring the coordination of the interests of the parties to the employment contract when determining the rules for the payment of wages, at creating conditions for its unhindered receipt by the employee personally in a way convenient for him and comply with the provisions of the ILO Convention of 1949 N 95 (SPS ConsultantPlus).