⭐ ⭐ ⭐ ⭐ ⭐ Good afternoon, readers of my blog, now we will comprehend the necessary topic for everyone - Receive material payments upon marriage. Perhaps you may still have questions after you read, so it is best to ask them in the comments below, or even better - get advice from practicing lawyers on all types of law from our partners.
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Material assistance is a social benefit that is transferred to employees of an organization from the employer in order to provide them with financial support in the event of any life situations. One type of such payment is financial assistance in connection with a wedding.
The legislative framework
Financial assistance in connection with marriage is a dispositive category that officially employed citizens can apply for if:
- The employer has a reserve fund in case of significant events in the life of employees or the team as a whole;
- Local regulations of the employing organization provide for the possibility of receiving these payments.
It is important to understand that additional financial support on behalf of the employer is provided solely on a voluntary basis. There is no norm in legislative acts obliging an employer to pay other funds to his employee (not related to remuneration for work) who wishes to get married.
An application for financial assistance in connection with marriage can be submitted:
- Directly to the name of the employer;
- To the trade union organization operating at the employer.
Providing leave on the occasion of a wedding or the birth of a child
Employers, taking into account their production and financial capabilities, have the right to independently establish additional leaves for employees. In this case, the procedure and conditions for granting such leaves are prescribed in the collective agreement or local regulatory act of the organization, which are adopted taking into account the opinion of the elected body of the primary trade union organization (Article 116 of the Labor Code of the Russian Federation). For example, you can register not only the leave due in connection with the employee’s own wedding, but also the leave provided on the wedding day of his children. Moreover, such leave can be either paid or without pay.
Who is entitled to payment?
Financial support in connection with entering into a marriage relationship is not related to production processes and is not regulated by the norms of the Labor Code of the Russian Federation. When assigning payments, the following are not taken into account:
- Experience;
- Position held;
- Labor merits of the employee;
- Level of education and qualifications.
By offering the above assistance to its employees, the employer, as a rule, does not pursue the goal of improving the quality of the work performed, since there are a sufficient number of alternative ways to motivate the team. The main reason for providing a material payment is the occurrence of a significant event in the life of a subordinate, accompanied by significant costs.
Financial assistance at work
Such payments to employees have no connection with the position held or with labor productivity or length of service - this is an expression of human attitude in the following cases:
- illness of a team member or a close relative;
- death of the employee’s relatives (or himself);
- natural disaster, theft of property;
- the arrival of a newborn in the family;
- marriage;
- anniversary, etc.
Form and amount of payments
Since money acts as a universal commodity equivalent, this form of payment is considered preferable and most common. However, the employer can offer another form of support - in kind (especially if it is more convenient for him due to the activities he carries out).
In-kind assistance includes:
- Food;
- Medicines;
- Essential items;
- Clothes, shoes;
- Other non-food products.
The amount of payments is determined by the employer independently. The total amount depends on:
- Company capabilities;
- Individual circumstances of the applicant;
- Objectivity and feasibility of providing assistance.
When drawing up an application, the employee has the right to indicate a specific amount, which can serve as a guideline when the employer makes a decision.
Payment processing algorithm
To receive financial support for a wedding from an employer, an employee will need to follow the steps below:
- Familiarization with the internal documents of the organization (if there are none at all in the company, the subordinate should still send a corresponding application to the employer, since the latter can act as an exception);
- Drawing up a written application addressed to the head of the organization or the chairman of the trade union organization;
- Registration of the application with the secretary in the journal of incoming documents;
- Providing the document for review to an authorized person;
- Consideration of the request and issuance of a positive verdict;
- Drawing up an order for the payment of financial support;
- Transferring the order to the organization’s accounting department;
- Issuance of funds in hand or non-cash transfer on the day of salary payment.
Required documents
Close kinship acts as a barrier to marriage in all civilized countries. The prohibition of incestuous unions stems primarily from biological considerations. Marriages between relatives often lead to a higher rate of hereditary pathologies and defects. In particular, children born in such a union are more likely than in ordinary, traditional families to have speech defects, mental retardation, and so on. In addition, the prohibition of incestuous unions is dictated by moral norms. In many countries, such marriages are subject to criminal penalties. The domestic Criminal Code does not provide for liability for this. However, the prosecutor or either spouse can file a lawsuit demanding that the union be declared invalid.
Scheme for recognition of incapacity
When submitting an application to register your marriage, the first thing you will need to pay is a fee of three hundred and fifty rubles, and it is paid at the cash desk upon presentation of the appropriate application and receipt.
About extending the registration period Now a little about exceptions. As already mentioned, Luzhkov payments at the birth of a baby can be requested within a year from the moment the child is born. But there are also exceptions. It is possible to extend the registration period for a particular period. What situations are considered exceptional? These include:
- the applicant has been incapacitated for a long time;
- the baby has been in the hospital due to illness/injury for more than six months;
- death of loved ones/significant damage to the health of relatives;
- reasons that can be considered valid by a court decision.
Payments upon marriage
List of documents Now a little about what documents will be required in order for the family to receive Luzhkov payments upon the birth of a child. In fact, the list of required papers is not too long. If you prepare for the process in advance, you can collect everything you need in a few days.
May 25, 2021 uristgd 17
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Peculiarities
- The duration of consideration of the application by the employer is regulated and cannot take more than 1 month;
- An application for voluntary financing for a wedding is drawn up in free form, if the employer’s local regulations do not establish a sample document;
- Financial assistance can be requested after the official registration of the union, then a marriage certificate should be attached to the application;
- In accordance with the law, a cash payment for a wedding will be subject to income tax if the requested amount is greater than the current limits;
- A special situation arises for military personnel who, on the basis of a resolution of the Ministry of Defense, have the right to claim a cash payment equal to two salaries (but not more than once a year), if one of the following circumstances occurs:
- Financial difficulties;
- Death of a family member;
- Onset of pregnancy;
- Deterioration of health;
- Entry into marriage;
- Going on vacation;
- A similar opportunity arises for students getting married. To receive payments for your wedding, you should contact the university administration. If the application is approved, the scholarship fund will transfer the amount of the allocated support.
Court practice
So, for example, by the ruling of the Supreme Court of the Russian Federation dated November 3, 2017 N 309-KG17-15716, the resolution of the Arbitration Court of the Volga-Vyatka District dated October 14, 2019 N F01-4899/2019, the applicant’s request to cancel the act of the Pension Fund body on additional accrual of insurance benefits was satisfied. contributions (and resulting penalties and fines) on the basis that financial assistance during marriage registration was not remuneration for the employee, since it did not depend on working conditions.
A similar position is set out in the resolution of the Seventh Arbitration Court of Appeal dated July 25, 2017 No. 07AP-5424/2017 in case No. A27-6618/2017, the resolution of the Fifteenth Arbitration Court of Appeal dated September 2, 2016 No. 15AP-8331/2016 in case No. A53-33784/ 2015 and other judicial acts. Thus, extensive judicial practice has developed that makes it possible to unambiguously regulate the issue of calculating insurance premiums for this payment, as well as classifying such payment as a type of income that is not included in wages.
Sample application
Despite the absence of generally accepted requirements for the application form for assistance in connection with marriage, the document must look like this:
- Full name of the head of the organization;
- Full name of the employee joining the official union;
- A detailed description of the reason for contacting;
- Grounds for providing assistance with reference to the provisions of the organization’s local documents;
- The desired amount of payment and procedure, form of its purpose (cash/in-kind, cash/non-cash);
- Request to allocate funds from the company’s reserve fund;
- Application documents (marriage certificate, counterfoil from the registry office with a note about the date of the upcoming event).
Download a sample application for assistance in connection with marriage
Payments to celebrants of married life in Moscow in 2021: how to apply for a one-time benefit
Married couples who celebrate a golden, emerald, iron, diamond, royal wedding - 50th anniversary, 55th anniversary, 60th anniversary, 65th anniversary, 70th anniversary (and all subsequent anniversaries) of marriage can count on a gift from the Moscow budget . A one-time payment to marital anniversaries is provided subject to certain conditions:
For Internet users or for those who have assistants among their friends or relatives, it is possible to electronically submit an application for a one-time payment for the anniversary. On the government services website you can fill out an application form and send it. To view the status of the document, the “My Applications” section is provided. The application service is provided free of charge. The application review period is 3 days. After making a decision, a message about the result comes.
We recommend reading: Pregnancy Benefit for Unemployed Persons in 2020
Taxation
As a general rule, financial assistance provided to an employee due to marriage is his profit, and therefore subject to taxation. However, if the amount of support is less than 4 thousand rubles, personal income tax will not be withheld.
Rules for withholding tax on financial assistance:
- Tax is withheld only from the amount that exceeded the maximum limit of 4 thousand rubles (if an employee is assigned support in the amount of 15 thousand rubles, the tax base will be a multiple of 11 thousand rubles);
- If monetary assistance is assigned in non-cash form, then the employee must receive the amount minus personal income tax into his account;
- The listed material support cannot be less than the amount approved in the employee’s application. If the employer endorsed an amount of 8 thousand rubles, then this is the amount that should be given to the applicant, since personal income tax is calculated and paid separately.
