Why do you need a wage clause?
The Regulations on the Remuneration of Workers (hereinafter referred to as the Regulations on Labor Regulations) are the rules governing the procedures for calculating and paying wages at the enterprise.
They reflect the remuneration system used in the business entity, which makes up the salary - additional payments, bonuses, allowances.
With the help of this act, the salary of each employee is determined in the employment contract. For example, you can not describe what bonuses are due to those working at the enterprise, but make a reference to the norms of the Regulations on Labor Protection.
This act adapts the current legal norms to the working conditions existing in the company, with the help of which the peculiarities of payment for the activities of each enterprise are taken into account. This eliminates or helps resolve many disputes with the company’s employees.
Attention! During inspections by regulatory authorities, the inspector often requests this document in order to understand what kind of remuneration system there should be, and compares the provisions of this document with existing reality.
Categories
According to Art. 129 of the Labor Code Federation, remuneration is understood as a system of relations related to ensuring the establishment and implementation by the employer of payments to employees for their work in accordance with laws, other regulatory legal acts, collective agreements, agreements, local regulations and employment contracts. Remuneration systems, general levels of wages and individual payments are established by Art. 135 Labor Code of the Russian Federation. The terms of remuneration should be understood as tariff rates, official salaries, labor standards or labor responsibilities of a particular employee, additional payments, allowances of both an incentive and compensatory nature, as well as the conditions for their calculation, wage systems and incentive systems. The conditions of remuneration in the organization are determined by the local regulatory act of the organization, for example the Regulations on remuneration (hereinafter referred to as the Regulations). The regulation on remuneration is a mandatory local regulatory act of the organization.
Sample structure of Regulation I. Main provisions This section defines:
- the purpose of the organization in the field of organizing remuneration;
- period of validity of the Regulations;
- criteria for determining the amount of wages;
- regulatory legal documents that are the basis for establishing wage conditions;
- production standards, service standards;
- indicators characterizing the quality of products or work performed;
- the employee’s consumption of production resources and a number of other labor responsibilities of the employee;
- the relationship between wage conditions and the achievement of specific production indicators and results;
- principles for assessing the labor contribution of a specific employee (group, category), etc.
II . Tariff terms of remuneration This is one of the main sections of the Regulations. Here you should indicate the tariff rates used in the organization, tariff coefficients, and also reflect:
- differentiation according to wage grade rates;
- types of rates applied both in the organization as a whole and for individual structural units (sections, workshops, etc.);
- operation of official salary schemes for managers, specialists, and employees;
- areas where tariff schedules do not apply;
- additional payments to tariff rates or salaries for working conditions and the documents that establish them.
Sh. Bonuses for employees for the main results of activities In this section, we should talk specifically about bonuses for the main results of the organization’s activities. In this part, an assessment is made of the payment for the results of labor of employees during the performance of work, which is stipulated in the employment contract, the performance of which is included in the job responsibilities of a particular employee.
IV . One-time bonus payment to employees This section should deal with one-time incentives for work and for results that, unlike those specified in Section III, do not arise from the labor duties of employees. The bonus should be indicated here:
- for performing particularly important production tasks;
- for participation in any work, for example, for the development and implementation of new technologies, for saving any important type of resource for the organization (raw materials, materials, heat and electricity, etc.);
- for a holiday, for example, March 8, February 23, Victory Day, professional holidays - Russian Press Day, Engineering Troops Day, Geologist's Day, Textile and Light Industry Workers' Day, etc.;
- for the anniversary date.
V. _ Remuneration based on work results for the year In this section, the organization must reflect annual remuneration or for another period, for example, six months, based on work results for 9 months, etc.
VI . Incentive additional payments or allowances to tariff rates and official salaries The section should contain provisions on the procedure for establishing and the amount of such additional payments, such as, for example, for combining professions (positions), expanding service areas or increasing the volume of work performed, the difference in official salaries during substitution, etc. This section should also reflect provisions on the procedure for establishing and the amount of bonuses for professional excellence, high achievements in work, academic degree, etc.
VII . Guarantee and compensation payments to employees Guarantee and compensation payments to employees in the organization are made at the expense of the employer. Bodies and organizations in whose interests the employee performs state or public duties (jurors, donors and others) make payments to the employee in the manner and under the conditions provided for by the Labor Code of the Russian Federation, federal laws and other regulatory legal acts of the Russian Federation. In these cases, the employer releases the employee from his main job for the period of performance of state or public duties. This section may reflect, for example, the following guarantees and compensation.
When sent on business trips In case of sending on a business trip, the employer is obliged to compensate the employee for:
- travel expenses;
- expenses for renting residential premises;
- additional expenses associated with living outside the place of permanent residence (per diem);
- other expenses incurred by the employee with the permission or knowledge of the employer.
The procedure and amount of reimbursement of expenses related to business trips are determined, among other things, in the Regulations. In this case, the amount of compensation cannot be lower than the amount established by the Government of the Russian Federation for organizations financed from the federal budget.
When moving to work in another area When an employee moves, by prior agreement with the employer, to work in another area, the employer is obliged to compensate the employee for:
- expenses for moving the employee, members of his family and transporting property (except for cases where the employer provides the employee with appropriate means of transportation);
- expenses for settling into a new place of residence.
The specific amounts of reimbursement of expenses are determined by agreement of the parties to the employment contract, but cannot be lower than the amounts established by the Government of the Russian Federation for organizations financed from the federal budget.
When performing state or public duties, the Employer is obliged to release the employee from work while maintaining his place of work (position) for the duration of his performance of state or public duties in cases where, in accordance with federal law, these duties must be performed during working hours. The state body or public association that engaged the employee to perform state or public duties, in the cases provided for in Section I of this article, pays the employee compensation for the period of performance of these duties in the amount determined by law, other regulatory legal acts or a decision of the relevant public association.
Guarantees for employees elected to trade union bodies and labor dispute commissions Guarantees for employees elected to trade union bodies and not exempt from performing labor duties, and the procedure for dismissal of these employees are determined by the relevant sections of the Labor Code of the Russian Federation. Members of labor dispute commissions are given time off from work to participate in the work of the said commission while maintaining their average earnings. Termination of an employment contract no later than one month from the date of receipt of the reasoned opinion of the elected trade union body is determined by Art. 373 Labor Code of the Russian Federation.
Guarantees for employees elected to elective positions in state bodies and local self-government bodies Guarantees for employees released from work as a result of their election to elective positions in state bodies and local self-government bodies are established by laws regulating the status and procedure of activities of these persons.
Guarantees and compensations for employees combining work with training in educational institutions of higher professional education, and employees entering these educational institutions Employees sent for training by the employer or who independently entered educational institutions of higher professional education with state accreditation, regardless of their organizational and legal forms according to For part-time and part-time (evening) forms of education, those successfully studying at these institutions are provided with additional leave by the employer while maintaining average earnings for:
- passing intermediate certification in the first and second years, respectively - 40 calendar days, in each of the subsequent courses, respectively - 50 calendar days (when mastering the main educational programs of higher professional education in a shortened time in the second year - 50 calendar days);
- preparation and defense of final qualifying work and passing final state exams - 4 months;
- passing the final state exams - 1 month.
The employer is obliged to provide leave without pay:
- employees admitted to entrance examinations in educational institutions of higher professional education - 15 calendar days;
- employees - students of preparatory departments of educational institutions of higher professional education for passing final exams - 15 calendar days;
- employees studying in state-accredited educational institutions of higher professional education on a full-time basis, combining study with work, for passing intermediate certification - 15 calendar days per academic year, for preparing and defending a final qualifying thesis and passing final state exams - 4 months, for passing final state exams - 1 month.
For employees studying by correspondence in educational institutions of higher professional education with state accreditation, the employer pays for travel to the location of the relevant educational institution and back once per academic year. Employees studying part-time and part-time (evening) forms of study in state-accredited educational institutions of higher professional education for a period of 10 academic months before starting their diploma project (work) or passing state exams are given a working week, at their request, shortened by 7 hours. During the period of release from work, these employees are paid 50% of the average earnings at their main place of work, but not less than the minimum wage. By agreement of the parties to the employment contract, working hours are reduced by providing the employee with one day off from work per week or by reducing the length of the working day during the week. Guarantees and compensations for employees who combine work and study in educational institutions of higher professional education that do not have state accreditation are established by a collective agreement or an employment contract.
Guarantees and compensation for employees studying in educational institutions of secondary vocational education, and employees entering these educational institutions Employees sent for training by the employer or who independently entered educational institutions of secondary vocational education with state accreditation, regardless of their organizational and legal forms, by correspondence and full-time - for correspondence (evening) forms of education, those successfully studying at these institutions, the employer provides additional leave with preservation of average earnings for:
- passing intermediate certification in the first and second years, respectively - 30 calendar days, in each of the subsequent courses, respectively - 40 calendar days;
- preparation and defense of final qualifying work and passing final state exams - 2 months;
- passing the final state exams - 1 month.
The employer is obliged to provide leave without pay:
- for employees admitted to entrance examinations at state-accredited educational institutions of secondary vocational education - 10 calendar days;
- employees studying in state-accredited educational institutions of secondary vocational education on a full-time basis, combining study with work, for passing intermediate certification - 10 calendar days per academic year, for preparing and defending a final qualifying thesis and passing final state exams - 2 months, for passing final exams - 1 month;
- For employees studying by correspondence in educational institutions of secondary vocational education with state accreditation, once per academic year the employer pays for travel to the location of the specified educational institution and back in the amount of 50% of the cost of travel;
- For employees studying full-time, part-time (evening) and correspondence courses in educational institutions of secondary vocational education with state accreditation, for ten academic months before starting a diploma project (work) or passing state exams, a working week is established at their request, shortened by 7 o'clock. During the period of release from work, these employees are paid 50% of the average earnings at their main place of work, but not less than the minimum wage.
By agreement of the parties to the employment contract, working hours are reduced by providing the employee with one day off from work per week or by reducing the length of the working day during the week. Guarantees and compensations for employees who combine work with study in educational institutions of secondary vocational education that do not have state accreditation are established by a collective agreement or an employment contract.
Guarantees and compensations for employees studying in educational institutions of primary vocational education Employees who successfully study in educational institutions of primary vocational education with state accreditation, regardless of their organizational and legal forms, are provided with additional leave with preservation of average earnings to take exams lasting 30 calendar days within one of the year. Guarantees and compensations for employees who combine work with study in educational institutions of primary vocational education that do not have state accreditation are established by a collective agreement or an employment contract.
Guarantees and compensations for employees studying in evening (shift) general educational institutions For employees who successfully study in evening (shift) general educational institutions with state accreditation, regardless of their organizational and legal forms, the employer provides additional leave with preservation of average earnings to take final exams in grade IX - 9 calendar days, in XI (XII) grade - 22 calendar days. Guarantees and compensations for employees who combine work with study in evening (shift) educational institutions that do not have state accreditation are established by a collective agreement or an employment contract. During the academic year, workers studying in evening (shift) general education institutions are given a working week, at their request, shortened by one working day or by the corresponding number of working hours (if the working day is shortened during the week). During the period of release from work, these employees are paid 50% of the average earnings at their main place of work, but not less than the minimum wage.
The procedure for providing guarantees and compensation to employees combining work with training. Guarantees and compensation for employees combining work with training are provided when receiving education at the appropriate level for the first time. To the additional holidays provided for in Art. 173–176 of the Labor Code of the Russian Federation, by agreement of the employer and employee, annual paid vacations can be added. An employee who combines work with studying simultaneously in two educational institutions is provided with guarantees and compensation only in connection with studying in one of these educational institutions (at the employee’s choice).
Guarantees when transferring an employee to another permanent lower-paid job When transferring an employee who, in accordance with a medical certificate, needs to be provided with another job, to another permanent lower-paid job in this organization, he retains his previous average earnings for one month from the date of transfer, and upon transfer in connection with a work injury, occupational disease or other work-related health damage - until a permanent loss of professional ability to work is established or until the employee recovers.
Guarantees for an employee in case of temporary disability In case of temporary disability, the employer pays the employee temporary disability benefits in accordance with federal law. The amount of temporary disability benefits and the conditions for their payment are established by federal law.
Guarantees and compensation in case of an industrial accident or occupational disease In the event of damage to the health or in the event of death of an employee due to an industrial accident or occupational disease, the employee (his family) is compensated for his lost earnings (income), as well as additional medical expenses associated with the damage to health , social and professional rehabilitation or related expenses in connection with the death of an employee. The types, volumes and conditions for providing guarantees and compensation to employees in these cases are determined by federal law.
Guarantees for employees sent for a medical examination During the medical examination, employees who are required to undergo such an examination in accordance with the Labor Code of the Russian Federation are retained the average earnings at their place of work.
Guarantees and compensation for employees in the event of donation of blood and its components. On the day of donation of blood and its components, as well as on the day of the associated medical examination, the employee is released from work. If, by agreement with the employer, the employee went to work on the day of donating blood and its components (with the exception of heavy work and work with harmful and (or) dangerous working conditions, when the employee’s going to work on this day is impossible), he is provided with his If you wish, another day of rest. In the case of donating blood and its components during the period of annual paid leave, on a day off or a non-working holiday, the employee is given another day of rest at his request. After each day of donating blood and its components, the employee is given an additional day of rest. The specified day of rest, at the request of the employee, can be added to the annual paid leave or used at another time during the calendar year after the day of donation of blood and its components. When donating blood and its components free of charge, the employer retains for the employee his average earnings for the days of donation and the days of rest provided in connection with this.
Guarantees and compensations for employees sent by the employer for advanced training When an employer sends an employee for advanced training outside of work, he retains his place of work (position) and the average salary at his main place of work. Employees sent to improve their qualifications while taking time off work to another location are paid for travel expenses in the manner and amount provided for persons sent on business trips.
Reimbursement of expenses when using personal property of an employee When an employee uses personal property with the consent or knowledge of the employer and in his interests, the employee is paid compensation for the use, wear and tear (depreciation) of tools, personal vehicles, equipment and other technical means and materials belonging to the employee, and is also reimbursed costs associated with their use. The amount of reimbursement of expenses is determined by agreement of the parties to the employment contract, expressed in writing.
VIII . Special working conditions for certain categories of workers In this part it is necessary to reflect the conditions of remuneration for certain categories of workers, that is, those whose activities are related to the peculiarities of tariffs, rationing or labor organization. There may be categories of workers who work on the basis of summing up working hours or with a shift work schedule.
IX . Other conditions of remuneration This section of the Regulations reflects those working conditions that are not included in the previous sections, for example:
- providing additional leave for distributing money to employees whose functions do not include this work;
- compensation for the cost of food in the organization’s canteen;
- travel compensation, etc.;
- overtime pay.
The regulations are developed by the services responsible for organizing labor and wages (for example, the personnel department, labor department, wages department, economic department, etc.), approved by the head of the organization, taking into account the opinion of the trade union organization or any other representative of the interests of workers (if there is no trade union organization in the organization).
Who should make the position
Local regulations on the calculation and payment of wages are necessary for business entities if they have labor contracts with employees.
Regulations on remuneration of employees are not necessarily developed at the enterprise. This is primarily due to the fact that the issues discussed in it may be reflected in other regulations at the enterprise - Collective Agreement, Internal Regulations, etc.
According to the Labor Code of the Russian Federation, the very fact of specifying the current legal norms to the specific operating conditions of an enterprise should be mandatory, since standards often establish several options for action in certain conditions. This is especially important when regulating issues of remuneration for periods that differ from normal working conditions.
Therefore, which act will reflect the rules for calculating wages is decided by the management of the enterprise independently.
Attention! Combining regulations in one document is typical for small businesses. In practice, for example, the Labor Regulations are often combined with the rules governing the calculation of all types of bonuses. Then this document is called the Regulations on remuneration and bonuses for employees.
The larger the business entity, the more it has its own standards. At the same time, it is imperative to ensure that they are consistent and do not contradict each other. Many issues regarding the regulation of wages can be immediately addressed in several provisions of the enterprise. If there is any discrepancy among them, this will lead to their invalidation.
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Local regulations of the organization: what are they, list of basic documents
Local regulations at the enterprise are developed by specialists from the economic and legal departments. The project is submitted for approval to representatives of trade union bodies before approval.
Wage indexation
It is highly desirable to include a section on indexing in the regulation. If state bodies, local government bodies, state and municipal institutions carry out wage indexation in the manner established by the relevant regulatory legal acts, then other employers do so in the manner established by the collective agreement or local regulations (Article 134 of the Labor Code of the Russian Federation). Labor legislation does not provide for a uniform method of wage indexation for all employees. The mechanism for indexing workers' wages is determined taking into account the order of its establishment: for budget financing - centrally, for other employers - through collective agreement and local means.
An example from a salary regulation:
3.3. Wage indexation is carried out annually for all employees within the limits of the Budget of Income and Expenses of LLC “Company” approved by the Board of Directors for the corresponding financial year. For newly hired employees, wage indexation is carried out in the generally established manner, regardless of the number of full (partial) months worked by them in the year for which indexation is carried out for the first time.
3.4. The amount of indexation of an employee's wages is determined as the result of multiplying the employee's cash income subject to compensation and the indexation percentage, divided by 100%.
3.5. Salary indexation percentages are determined by order of the General Director. The order is issued no later than the 15th day of the month following the end of the year for which indexation is carried out.
3.6. Wages, calculated taking into account indexation, are paid to employees starting from the first January of the corresponding financial year.
What should a provision on remuneration of workers contain?
The regulations on remuneration may include several sections designed to fully disclose the principles of calculation and payment of various amounts of money to employees of the enterprise.
General provisions
This includes general information about the contents of this document. For example, here you can indicate multiple tariff rates, salaries, compensation and bonus payments that can be paid to employees. Additionally, existing systems for determining additional payments and allowances can be included in this section.
Remuneration system
This section should contain detailed information about what kind of payments at the enterprise relate to wages.
This may include:
- Cover part;
- Awards. If the company has developed and put into effect a separate document responsible for determining and paying bonuses, then in the Labor Regulations it is enough to mention that bonuses are accrued and make a reference to the necessary internal act;
- Personal accruals (for example, the administration can make an additional payment for the level of education, continuous period of work at the company, etc.);
- Additional payments that are assigned due to a certain work schedule or special working conditions (long working hours, hazardous conditions in the workplace, etc.);
- Additional payments for after-hours hours - going to the workplace at night, a holiday or a day off. In this case, both the composition of such payment and its size can be established;
- Payment for working time for downtime, divided into the various reasons why it arose;
- Any kind of additional benefits that a company wants to pay to its employees.
It is necessary to pay special attention to the drafting of this section, since it is this section that will establish:
- What amounts should be paid to the company’s employees and for what?
- What accruals can be included in the calculation of average earnings when determining the amounts of vacation pay, sick leave, business trips, etc.;
- Based on what payments the payment for weekends, holidays, night hours will be calculated - according to the law, the employer must only use the salary;
- Which payments will be subject to social contributions, and which ones can be taken into account when determining income tax.
Important! For payments that the administration must make to its employees under special working conditions (for example, during overtime work), a separate section can be drawn up indicating the procedure for performing the calculation.
The procedure for indexing wages
Regular indexation is an obligation for the administration, not a right at will. The regulations on the remuneration of workers must include information about the frequency with which indexation is carried out, as well as on the basis of what information the coefficient is determined. It is possible to establish the exact value of the indexation coefficient.
Material aid
In this section, it is necessary to mention as fully as possible all types of material payments that the administration can issue as assistance to its employees.
This could be the birth of a child, marriage, or the death of a relative. It is also necessary to directly indicate the amount that will be paid in a given situation. This amount can be indicated directly, or the situation on the basis of which it will be determined can be determined (for example, the amount of payment will be set by the director by issuing an order).
Here you can indicate whether financial assistance payments will be taken into account when determining average earnings.
Procedure for payment of wages
When preparing this section, special attention must be paid to ensure that its data does not conflict with the provisions of the law.
In particular, salaries must be paid in two parts, with no more than 15 days between them.
In this section you need to set the dates when the advance payment, the rest of the salary, vacation pay and other payments will be issued. The process of transferring the issue if the specified day falls on a holiday or weekend.
Attention! In the document, you can set the dates for payment of salaries to employees of different departments (in this case, the payment requirements defined by law must also be observed).
In this section, you can also mention the procedure for working with deductions, how exactly and in what time frames pay slips are issued, how wages are paid - in cash, by card, etc.
Components of an employee's salary
The regulations on remuneration explain the methods of remuneration used for the employee. The legal significance of this section is that in it the employer establishes the components of wages - the constant and variable part of the remuneration.
In accordance with Article 129 of the Labor Code of the Russian Federation, wages (employee remuneration) are remuneration for work depending on the employee’s qualifications, complexity, quantity, quality and conditions of work performed, as well as compensation payments (additional payments and allowances, including for work in conditions deviating from normal ones, work in special climatic conditions and in areas exposed to radioactive contamination, other compensation payments) and incentive payments (additional payments and incentive allowances, bonuses and other incentive payments). In the corporate regulations it is necessary to clarify and specify the types of remunerations and payments specified in the article.
An example from the regulations on remuneration of employees of educational institutions:
Hourly wages for teaching staff of an educational institution are applied in the following cases:
- when paying for hours performed to replace teachers and other teaching staff absent due to illness or other reasons, lasting no more than two months;
- when paying for hours of teaching work performed by teachers when working with children at home undergoing long-term treatment, in excess of the tariff established for them;
- when paying for hours of teaching work in the amount of 300 hours in another educational institution (in one or more) in addition to the teaching load performed part-time on the basis of tariffs.
1.16. In St. Petersburg, starting from January 1, 2017, the minimum wage is set at 16,000 rubles. In this case, the tariff rate (salary) of a 1st category employee should not be less than 13,500 rubles
The permanent part is the salary established by the employment contract and staffing table. This is precisely what is discussed in Article 136 of the Labor Code of the Russian Federation (the current version is from October 3, 2016).
Tariff rate is a fixed amount of remuneration for an employee for performing a standard of work of a certain complexity (qualification) per unit of time, without taking into account compensation, incentives and social payments.
Salary (official salary) is a fixed amount of remuneration for an employee for the performance of labor (official) duties of a certain complexity for a calendar month, excluding compensation, incentives and social payments.
Basic salary (basic official salary), basic wage rate - minimum salary (official salary), wage rate of an employee of a state or municipal institution carrying out professional activities in the profession of a worker or position of an employee, included in the corresponding professional qualification group, excluding compensation, incentives and social payments.
The variable part is various bonuses, allowances, bonuses, coefficients, compensation, incentives, and incentive payments. In this part of the wage regulations, an important component is the establishment of conditions and terms for payment of variable parts of the wage plan.
As conditions, we can identify indicators specific to a particular company: fulfillment of the personal sales plan, length of service, results of the quarter and year, “closing” of contracts, absence of claims from customers, absence of disciplinary sanctions against the employee, work intensity.
The deadlines can include both specific dates and periods during which management makes the appropriate management decision.
Examples:
4.10. Specialists who graduated from state institutions of higher or secondary vocational education and were hired for the first time in the year of graduation in their acquired specialty (hereinafter referred to as young specialists) are given an additional payment of 3,000 rubles.
5.4. For using a foreign language at work, the Employee is given a bonus in the amount of 15 percent of the salary (official salary). The specified allowance is established for Employees whose job responsibilities include contacts with foreign partners or work with foreign literature.
The most common formulation of the condition for payment of the variable part in commercial companies is that the employer has a financial opportunity (profit, savings on the wage fund, etc.) in a certain amount, as well as the procedure for assigning the variable part to payment (payment terms, availability or absence of employee disciplinary action, etc.). This formulation fully complies with the requirements of the law.
Examples:
4.3. The company, based on the decisions of the General Director, has the right to establish other types of bonuses, additional payments and allowances.
5.1. One-time (one-time) bonuses are paid:
– in connection with professional holidays, based on the results of work for the year – at the expense of the Organization’s profit;
– in other cases provided for by the Regulations on bonuses – from the wage fund.
5.2. The amount of one-time (one-time) bonuses is established by order (instruction) of the head of the Organization, depending on the performance results of each Employee. The size of one-time (one-time) bonuses is not limited to the maximum amount.
Do not forget about the in-kind form of remuneration, if it exists within a given company. Article 131 of the Labor Code of the Russian Federation establishes that, in accordance with a collective agreement or employment contract, upon the written application of an employee, remuneration may be made in other forms that do not contradict the legislation of the Russian Federation and international treaties of the Russian Federation.
IMPORTANT!
The share of wages paid in non-monetary form cannot exceed 20 percent of the accrued monthly wage.
Payment of wages in bonds, coupons, in the form of promissory notes, receipts, as well as in the form of alcoholic beverages, narcotic, poisonous, harmful and other toxic substances, weapons, ammunition and other items in respect of which prohibitions or restrictions on their free circulation are established , not allowed.
Other sections of the regulations on payment and bonuses for employees
The wage regulations may contain other sections.
Procedure for approval and amendment of regulations
The regulation on remuneration of employees, like other internal acts of the enterprise, can be approved in several ways:
- By affixing the stamp “I approve” on the act itself, with a record of the position of the responsible person, his full name. and personal signature;
- An order is issued to approve the wage regulations - a separate order in writing.
Attention! After the regulation has been adopted, all employees registered at the enterprise must be familiarized with it against signature. This can be done by using familiarization sheets, or by making notes in a special journal.
When changes are made to labor legislation, or with the introduction of new processes at an enterprise, sometimes it becomes necessary to adjust the existing regulations on remuneration.
To do this, the responsible person must submit a memo to the director, on the basis of which the director will give an order to develop a new version of the regulation.
After this, approval of the project, approval of the wage regulations and implementation completely coincides with the process of working on the primary internal act.
Main sections
When developing the Regulations, the manager (or authorized person) needs to know what mandatory sections must be present in this document:
- General provisions . This paragraph should indicate all the goals and objectives that are set for full-time employees and the company’s management. The status of the document is determined and the scope of its further application is indicated.
- Amount of remuneration . This section should indicate the procedure for calculating wages to employees for the time actually worked. If they are paid a salary for the amount of work performed, then this must be described. The procedure for calculating part of the guaranteed salary is also determined.
- Amount of incentive payments . Here you should describe all types of compensation and incentive payments that are used by the organization’s management when making payments to full-time employees.
- Final provision . This paragraph should indicate the validity period of this document. It is imperative to indicate the rules for notifying employees that the company plans to change the rules for calculating and issuing salaries and various incentive payments.
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Each section should carry a semantic load. It is necessary to indicate the legal acts on the basis of which it was drawn up.
Minimum wage from July 1 in 2021 in Moscow
The minimum wage in the capital until July 1, 2021 was 17,300 rubles. But from July 1, it increased to 7,500 thousand. So from now on, employers, both in Moscow and the Moscow region, and other regions, are obliged to increase the minimum wage rate for employees to the established level. No one can pay an officially employed citizen less than 7,500.
At the same time, the rate will be increased in the Sverdlovsk Region, Perm Territory, Bashkiria, Tatarstan, Chuvashia, Altai and Krasnodar Territories, Chelyabinsk, Moscow and Samara Regions, St. Petersburg and other regions at the federal level.
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Purpose of document formation
The presence of a position in an enterprise is of great importance when resolving disputes with the team itself, as well as when proving the tax justification of expenses:
- It contains the procedure for calculating additional payments to employees, which makes them justified in the expenditure base associated with the payment of bonuses, vacation pay, and incentive payments;
- The provision details the responsibility of both parties, which makes it possible to recover penalties from employees for damage to property, neglect of their duties and work schedule;
- The document is a guarantee for the employee to receive money for work at the right time and in the proper amount, as this is stated in it.
Alteration
In order for the changes to be legally justified, it is necessary to change the specific clause regulating the circumstances of interest on the basis of Art. 74 Labor Code of the Russian Federation. Important: changes must be notified to employees in writing two months in advance.
Salary in civil service
A significant percentage of employers in the Russian Federation are state and municipal authorities, as well as various institutions that are subordinate to them. The same provisions of the Labor Code of the Russian Federation are relevant for them as for private organizations, however, salary nuances in the civil service may be characterized by some peculiarities. Let's look at them.
For example, the salary of civil servants cannot be lower than the base salaries established by the Government of the Russian Federation, or the rates for specific professional qualification groups. Compliance of the salary level with the required criteria is ensured through the budget of the appropriate level - federal, regional or municipal.
The remuneration system established in a particular state or municipal institution may be determined by the provisions of various tariff and qualification reference books, which reflect the specifics of positions and professions. Recommendations from competent authorities, trade unions and other public associations may also be taken into account.
Professional qualification groups are categories within which workers and employees are united according to a number of criteria that reflect the specifics of the work actually performed. They are approved at the level of federal departments that are responsible for implementing state policy in the field of labor relations.
Payroll formulas
The actual salary is established by the employment contract between the employer and the employee. Its minimum level is 5965 rubles, the real one, as a rule, is several times higher. At the same time, Russian enterprises may use different forms and systems of remuneration. Let's look at the main ones.
One of the most common forms of remuneration is salary. That is, a person, working 40 hours a week on weekdays and resting on public holidays, receives a stable salary that does not directly depend on production indicators. A piecework form of remuneration is also practiced. It assumes that the amount of actual labor compensation will largely depend on the results of the specialist’s work. In practice, many employers practice mixed forms of remuneration. That is, the actual salary of an employee can be, for example, 70% fixed, and 30% dependent on the piecework-bonus component. It also happens the other way around.
There are positions in which only the part that corresponds to the minimum wage by law is fixed. But a person can, as a rule, earn quite a lot. For example, similar forms of remuneration are common in sales. The fixed part of a person’s salary in such cases is small - just within the minimum according to the Labor Code. But beyond this indicator, an employee can earn amounts sometimes several tens of times more.
Officially, there is no hourly wage in the Russian Federation. However, many employers actually practice it, since it is not directly prohibited by law (if other requirements are met - the minimum amount and timing of payments). In this case, the number of hours spent at work may determine, for example, the piecework-bonus component of the salary with a fixed payment equal to the minimum defined in the Labor Code of the Russian Federation. And therefore it turns out that wages will actually be hourly.
It can be noted that at various levels of discussion theses are often put forward that hourly wages should be enshrined in the Labor Code. Those types of remuneration, as the authors of the relevant ideas believe, that are currently prescribed in the Labor Code of the Russian Federation, do not reflect the realities in the Russian economy. Moreover, they note, in developed countries, hourly wages are standard practice.