The rot that goes into it. About consultations (what payments are included in the minimum wage). Changes in minimum wages and calculation of benefits
Some people confuse the cost of living with the minimum wage. Minimum wage established by federal authorities. All subjects of the Russian Federation are required to comply with it. Moreover, in many regions, federal values are increased due to local surcharges and coefficients. The cost of living is constantly adjusted to take into account rising prices for goods that are necessary for human existence.
How is the minimum wage calculated?
Minimum wage represents the minimum salary that an employer is entitled to pay employees. In this way, the state protects low-income citizens. Now the minimum wage is 85% of the subsistence level.
The amount of payments is influenced by several indicators:
- First of all, experts estimate the rate of inflation.
- The amount of the minimum wage depends on the number of unemployed.
- Economists take into account production growth indicators that affect the financial situation of regions.
Since January of this year, employers cannot pay their employees less than 9,489 rubles.
The minimum wage performs several functions:
- The amount paid to the employee during illness depends on the size of this indicator.
- Without the minimum wage, it is impossible to calculate payments due to expectant mothers.
In the accounting department of any enterprise, specialists take into account the requirements prescribed in Art. 133 Labor Code of the Russian Federation.
How the minimum wage has changed since July 1, 2017
The dynamics of this indicator over several years can be assessed using the following table.
Minimum wage depends on the various benefits that the employee receives:
- when calculating an employee’s salary, his salary is taken into account;
- it is necessary to know the coefficients associated with the increased complexity of the work performed;
- the amount of payments is influenced by the qualifications of the specialist;
- in accounting, salaries are calculated based on compensation payments for harmful working conditions;
- an employee may receive various additional payments from the employer.
Minimum wage from May 1, 2019 in Russia
On May 1, 2019, it is planned to increase the minimum wage to the subsistence level. This became known during one of his trips around Russia as part of Vladimir Putin’s election campaign. At the moment, the minimum wage is 9,489 rubles. This amount is planned to be increased by 15%.
Thus, the minimum wage (minimum wage) from May 1, 2019 will be 11,136 rubles.
On December 1, 2017, the State Duma adopted a much-needed law on increasing the minimum wage to the level of the subsistence level in the Russian Federation. Vladimir Putin said that the economy maintains positive dynamics “We have the opportunity to equalize the minimum wage and the cost of living from May 1. And we will do it."
What is included in the minimum wage
In budgetary and government organizations, the minimum wage includes the net salary, before deduction of personal income tax and contributions to the Pension Fund.
For all other organizations this may include:
- Salary
- Compensation and supplements for processing
- Incentive payments: bonuses, bonuses, etc.
Minimum salary from January 1, 2019
How are weekends and holidays paid?
An employee who goes to work on a holiday can count on double income. Moreover, the employer pays only for the hours actually worked. The employee's work schedule does not matter.
Important! An employee's income greatly depends on the number of holidays. Piece rates for such workers are doubled. The luckiest people are those who work at an hourly rate. Thanks to holidays, a person receives more money for each working day (Article 112, Part 4 of the Labor Code of the Russian Federation).
Features of using the minimum wage when calculating sick leave
How to calculate the salary of an employee who has not worked for a whole month? His income will be less than the minimum wage. But this contradicts the requirements of labor legislation. To calculate sick leave payments, the accounting department uses the minimum wage in force in the region.
The number of days in a leap year does not coincide with generally accepted indicators. Regardless of the actual length of the year, experts take it to be 730 days. There are certain features regarding the calculation of maternity benefits. In this case, you need to take into account the base amount that is subject to taxes.
In 2017, payments were calculated based on the fact that the employee’s income level was RUB 755,000. Any employee must earn at least 311.97 rubles per day.
The amount earned by an employee can be determined based on the following rules:
- If a specialist has worked for 8 years, then he can count on payments in the amount of 100% of income.
- What can people who have worked for 5 to 8 years claim? They have the right to receive benefits that amount to 80% of their salary.
- Employees who have worked for less than 5 years will be able to receive sick leave benefits in the amount of 60% of the average salary.
For example, a manager brought a certificate of incapacity for work to the company’s accounting department. The document states that he was ill for 8 days. The employee worked at the plant for 6 years. Average earnings over 2 years amounted to 880,000 rubles. A person’s salary should not exceed the maximum salary, which is RUB 1,473,000. Since the duration of the manager’s work is 6 years, the value of 80% is used in the calculation.
Sick leave payments will be calculated using the following formula:
880,000 / 730 x 80% = 964.38 rubles.
The manager was ill for 8 days. This means that the benefit amount for this period will be:
964.38 x 8 = 7,715.04 rubles.
How will the minimum income of capital residents increase in 2019 (table)
The dynamics of changes in the minimum wage in the capital can be assessed by the figures indicated in the table.
| What should be the minimum income for Moscow residents, rubles. | |
|---|---|
| From January 1, 2018 | 18 742 |
| From 07/01/17 | 17 642 |
| from 01.10.16 | 17 561 |
| from 01.10.15 | 17 300 |
| from 06/01/15 | 16 500 |
| from 04/01/15 | 15 000 |
| from 01/01/15 | 14 500 |
Important! Minimum wage an employee living in Moscow may not coincide with federal values. The minimum wage that Muscovites receive is increased once a quarter. This is spelled out in the agreement that was concluded between the city administration, local trade unions and large employers.
What income is taken into account when calculating the minimum wage?
In July there was an increase in the minimum wage. Now the employer cannot pay employees less than 7,800 rubles. When calculating the minimum wage, all income received by the employee is taken into account. The total salary includes not only the salary, but also all incentive payments.
For example, an employee’s salary is 17,800 rubles. From it you need to subtract income tax, which is 13%. In cash, the employee will receive 17,800 - (17,800 x 13%) = 17,800 - 2,314 = 15,486 rubles.
Important! When calculating wages, you need to take into account that personal income tax is deducted from accrued income. In fact, the employee receives an amount that is less than the minimum wage.
In what cases is an employee entitled to additional payments up to the minimum wage?
When calculating benefits for full-time employees, the local minimum wage must be taken into account. In some regions, a person's minimum salary depends on the field in which he works. An employee who receives too little salary may require additional payment. Regional minimum wage indicators are regularly adjusted to take into account rising prices.
Can a person receive a salary that does not reach the minimum wage?
The criteria regarding the minimum salary do not apply to part-time workers. At the same time, enterprise managers take into account Art. 285 Labor Code of the Russian Federation. The document clearly states the points regarding the calculation of salaries for such employees. Accounting calculates payments to part-time workers based on hours worked. Labor legislation allows for the possibility of part-time employment. The employer in accordance with s. 93 of the Labor Code of the Russian Federation cannot prohibit its employees from caring for sick relatives.
For example, you need to calculate the salary of an employee who works on a reduced schedule. He works 20 hours a week. At full time, the employee’s monthly income would be 19,430 rubles. In a full-time job, a person must work 40 hours a week.
This means that the employee’s salary will be:
19,430 x 50% = 9,715 rub.
How vacation pay is calculated taking into account changes in the minimum wage
When calculating vacation pay, you need to know that the average salary of an employee cannot be less than the minimum value. What happens if an employee’s income does not reach the minimum level? In this case, an additional payment will be added to the accrued amount. The amount of payments depends on the length of rest. Sometimes part of the vacation falls during the period in which the old minimum wage was in effect.
For example, a person went on vacation on December 28 and was supposed to return to work on January 11. Weekends and holidays from January 1 to January 8 are excluded from the calculation. In accordance with Art. 123 of the Labor Code of the Russian Federation, only 4 days that the employee worked in December are subject to payment. The amount of accrued vacation pay is calculated taking into account the old minimum wage.
On January 1, the minimum wage increased to 9,489. The person went to work on the 9th and 10th. These days are subject to inclusion in vacation pay. They are calculated taking into account the new minimum wage.
The minimum income level of a person working full time cannot be less than the minimum wage. In 2019, its level is 9,489 rubles. However, some employers are trying to save on labor. The state punishes such managers with a fine, which ranges from 30 to 50 thousand rubles.
In case of repeated violation, the amount of penalties may increase to 100 thousand rubles. What to do if a person receives a salary that does not meet the requirements of labor legislation? The accounting department of the enterprise is obliged to adjust his salary upward. In the regions of the Far North, there are increased coefficients that affect the minimum income level of employees.
Minimum wage and benefits
The following payments depend on the minimum wage:
- calculation of sick leave;
- Payments to women for pregnancy and childbirth;
- funds that are provided to mothers caring for a baby under 1.5 years old.
Accounting uses the minimum wage when calculating payments in the following cases:
- if the employee worked for less than 6 months;
- the employee violated sick leave;
- the person had no salary;
How to calculate travel allowances
The average salary of an employee going on a business trip depends on changes in the minimum wage. The amount of a person's income cannot be below the minimum minimum level.
For example, an employee was sent to Moscow for 3 days. The average income of a person was 8,000 rubles. In this case, the employee’s income is calculated based on the minimum wage in force in the region.
What is the regional minimum wage?
In accordance with Art. 133 subjects of the federation can adjust the minimum wage taking into account the peculiarities of pricing in the region. Moreover, in many areas the income level significantly exceeds the minimum wage established at the federal level.
What responsibility do employers bear if they pay wages below the subsistence level?
The state punishes business managers who deliberately underestimate the income of their employees. For evading the requirements of the Labor Code of the Russian Federation, the employer is held administratively liable. This year, the amount of fines for enterprise managers reaches 5,000 rubles. Private entrepreneurs pay about 5,000 rubles.
If the violation is repeated, the head of the enterprise will have to pay larger fines. The amount of payments depends on the decision of the inspector. For legal entities, a repeated violation can cost 50,000 rubles.
Violation of labor legislation requirements can be costly for the director of an enterprise. Its organization will become the object of close attention from fiscal authorities. Inspections of an enterprise's activities will inevitably lead to additional fines.
How much do people earn based on their region of residence (table)?
| Region in which the employee lives | The minimum wage value in force in accordance with local regulations |
|---|---|
| Barnaul | RUB 9,489 |
| Bryansk | The salary of state employees cannot be less than 9,550 rubles. |
| Vologda | 9489 rub. |
| Birobidzhan | Regardless of the length of work experience, a person must receive at least 12,000 rubles. |
| Chita region | The salary of employees who work in budgetary organizations is 9,489 rubles. The salary of employees working in difficult conditions cannot be less than 10,960 rubles. In the private sphere, a person’s income depends on the specific place of residence. Residents of the Kalarsky district receive 11,190 rubles. |
| Kaliningrad region | In commercial organizations, the minimum salary for employees is 11,000 rubles. In institutions financed from the budget they are required to pay at least 9,489 rubles. |
| Kamchatka Krai | The minimum salary depends on the specific territory in which the employee lives. Residents of the Koryak region receive 19,770 rubles. For the Aleutian district, the minimum wage is 21,180 rubles. |
| Krasnoyarsk region | Residents of Norilsk are entitled to payments in the amount of 16,130 rubles. For the North Yenisei region, the minimum wage is set at 15,515 rubles. |
| Kursk | Private owners do not have the right to pay less than 9,804 rubles. For municipal organizations the minimum wage is 9,489 rubles. |
| Lipetsk | RUB 9,489 |
| Moscow | Indigenous residents of the capital will expect an increase in the minimum wage to 18,742 rubles. |
| Moscow region | Budget institutions must pay at least 9,489 rubles. In private companies, the salary of employees cannot be less than 13,750 rubles. |
| Murmansk region | The income of an employee employed in the private sector is 15,185 rubles. Institutions that receive money from the budget are required to pay their employees at least 9,489 rubles. |
| Omsk | 9489 rub. |
| Orenburg | RUB 9,489 |
| Eagle | 10,500 rub. |
| Penza | RUB 9,489 |
| Permian | RUB 9,489 |
| Republic of Bashkortostan | RUB 10,913 |
| Crimea | RUB 9,489 |
| Tatarstan | RUB 9,489 |
| Rostov | RUB 9,489 |
| Samara | RUB 9,489 |
| Saint Petersburg | 17,000 rub. |
| Saratov | RUB 9,489 |
| Sverdlovsk | RUB 9,489 |
Employee benefits depend not only on the region of residence. A person’s income is influenced by the field in which he works. In Kazan, employees receive at least 9,489 rubles. This minimum wage level is valid in most regions of the Russian Federation. Specialists living in Ufa are entitled to a salary of 10,913 rubles. Increased payments to Muscovites are associated with higher prices for goods and services. Residents of the capital will earn at least 18,742 rubles.
Conclusion
The state constantly adjusts the minimum wage. In enterprise accounting, the minimum wage affects travel allowances. Vacation pay and benefits depend on this indicator.
Didn't find the answer to your question? Ask a lawyer
Minimum wage is an abbreviation that stands for “minimum wage.” In other words, this is an established minimum wage, below which no employer in the Russian Federation can set its employee for a full calendar month and the fulfillment of established targets.
Who sets the minimum bar?
The minimum wage is set at the Federal level, but regions often introduce their own standards. The only caveat is that the introduced minimum wage cannot be lower than the federal one. As of January 1, 2018, the Government established a minimum wage of 9,489 rubles. For example, the regional metropolitan indicator is different and amounts to 18,742 rubles, while in Sevastopol it is equal to the federal one. The standard is revised on average 1-2 times a year, and an increase in the minimum wage in the country is planned from May 1, 2018.
What does it include?
The minimum wage is a guarantee that the employee will receive a certain amount for the month worked, close to the subsistence level. The minimum wage standard includes:
1. remuneration for work, taking into account qualifications, complexity, conditions and time of work;
2. various compensations;
3. bonus payments;
4. additional payments.
Please note that part-time work and additional duties are not included in the minimum wage. That is, all overtime, as well as additional payments for night shifts, are paid separately, based on the following rules: the first two hours - one and a half times the employee’s salary, starting from the third - double the amount. In addition to material remuneration, at the request of the employee, all overtime can be replaced with days of additional rest.
Legislation and penalties
The standards that regulate the minimum wage are described in the Labor Code of the Russian Federation; in addition, laws and by-laws are issued periodically to regulate the changes being introduced. The base salary cannot be lower than the minimum wage, so if you understand that the manager is violating your rights, you should contact the labor inspectorate (this is not the sphere of influence of the prosecutor's office). Violations are punishable by significant fines, and the company’s activities may be suspended during the proceedings.
In practice, there are not so many appeals, since there are still companies that pay salaries “in an envelope”. By filing a claim, an employee of such an organization risks being left without the gray part of his earnings - this is usually how the bonus part is paid.
Hello!
Unfortunately, your idea is not entirely correct, although I fully share it and consider it wrong to include the same Republic of Kazakhstan in the minimum wage (in particular)
However, the Constitutional Court of the Russian Federation thinks differently.
Within the meaning of the above constitutional provisions, the institution of the minimum wage, by its constitutional and legal nature, is intended to establish the minimum amount of money that must be guaranteed to the employee as remuneration for the performance of labor duties, taking into account the subsistence level (Resolution of the Constitutional Court of the Russian Federation of November 27 2008 N 11-P).
2.1. The Labor Code of the Russian Federation, part three of its article 133, in accordance with the requirements of the Constitution of the Russian Federation, provides that the monthly salary of an employee who has worked the full working hours during this period and fulfilled labor standards (labor duties) cannot be lower than that established by federal law minimum wage.
The legal regulation in force before September 1, 2007 defined the minimum wage as the minimum remuneration (minimum wage) paid for work to an unskilled worker who has fully worked the standard working hours in normal working conditions and performed simple work (part two of Article 129 of the Labor Code of the Russian Federation). Federation as amended by Federal Law of June 30, 2006 N 90-FZ).
As a result, the minimum wage did not include payments designed to compensate for the impact of unfavorable production factors on the employee or to encourage the employee to achieve high-quality work results (this was indicated in the same part two of Article 129 of the Labor Code of the Russian Federation as amended by the Federal Law of June 30, 2006 year N 90-FZ), and the size of tariff rates, salaries (official salaries), as well as basic salaries (basic official salaries), basic wage rates for professional qualification groups of workers could not be lower than the minimum wage (part four of Article 133 Labor Code of the Russian Federation as amended by Federal Law of June 30, 2006 N 90-FZ).
The above legal regulation was amended by Federal Law No. 54-FZ of April 20, 2007 “On Amendments to the Federal Law “On the Minimum Wage” and Other Legislative Acts of the Russian Federation,” which, along with increasing the minimum wage, excluded from Article 129 The Labor Code of the Russian Federation defines the concept of minimum wage and invalidates part four of Article 133 of the Labor Code of the Russian Federation.
2.2. In accordance with the Labor Code of the Russian Federation, as amended by the said Federal Law, the minimum wage is one of the main state guarantees for remuneration of workers (Article 130) and is established by federal law (Article 133). The main purpose of the minimum wage in the system of current legal regulation is, as before, to ensure the monthly income of an employee who has worked the standard working hours at a level sufficient to restore working capacity and satisfy basic life needs. In other words, the legal nature of the minimum wage and its main purpose in the mechanism of legal regulation of labor relations have not changed.
Thus, in the course of improving labor legislation, the federal legislator, having significantly increased the minimum wage and invalidated the norm of part four of Article 133 of the Labor Code of the Russian Federation, which ensured the establishment of a tariff rate, salary (official salary) in an amount not lower than the minimum wage, when establishing wages, he provided as a mandatory only condition: wages, including incentives and compensation payments, cannot be lower than the minimum wage established by federal law. In this case, it is allowed to establish a tariff rate and salary (official salary) below this amount.
At the same time, an additional guarantee was introduced: according to Article 5 of the Federal Law of April 20, 2007 N 54-FZ "On Amendments to the Federal Law "On the Minimum Wage" and other legislative acts of the Russian Federation" is not allowed in connection with the adoption of this Federal Law reduction of tariff rates, salaries (official salaries), wage rates, as well as compensation payments (additional payments and allowances of a compensatory nature, including for work in conditions deviating from normal, work in special climatic conditions and in territories exposed to radioactive contamination, and other compensation payments) established before September 1, 2007 (the day the said Federal Law came into force).
Thus, when changing the legal regulation concerning the minimum wage, a legal mechanism was provided that would not allow a reduction in wages. Other guarantees provided for by labor legislation, in particular the employer’s obligation to provide increased payment for work performed under special conditions (Article 146 of the Labor Code of the Russian Federation), were kept unchanged.
It follows from this that the abolition of the norm of part four of Article 133 of the Labor Code of the Russian Federation itself did not imply a reduction in the wages of workers and was not aimed at derogating from their right to timely and full payment of fair wages, ensuring a decent human existence for him himself and his family members, and not lower than the minimum wage established by federal law (paragraph seven of Article 2 of the Labor Code of the Russian Federation).
3. According to Article 2 of the Labor Code of the Russian Federation, one of the main principles of the legal regulation of labor relations is to ensure the right of every employee to fair working conditions (paragraph five), including, as provided for in Article 7 of the International Covenant on Economic, Social and Cultural Rights, fair wages and equal remuneration for work of equal value.
The establishment of a fair wage for an employee is ensured by the provisions of the Labor Code of the Russian Federation, which establishes the employer’s obligation to provide employees with equal pay for work of equal value (Article 22), the dependence of each person’s salary on his qualifications, the complexity of the work performed, the quantity and quality of labor expended, as well as the prohibition of any any kind of discrimination in establishing and changing wage conditions (Article 132), basic state guarantees for employee remuneration (Article 130) and increased wages in special conditions (Article 146).
The salary of a particular employee, according to the Labor Code of the Russian Federation, is established in the employment contract in accordance with the current employer’s remuneration systems (part one of Article 135), which are developed on the basis of the requirements of labor legislation (part two of Article 135) and must guarantee each employee determination of his wages taking into account the criteria established in legislation, including working conditions, while the wages of workers engaged in heavy work, work with harmful and (or) dangerous and other special working conditions should be set at an increased rate compared to tariff rates, salaries (official salaries) established for identical types of work, but with normal working conditions (part one of Article 147).
From the above provisions it follows that when developing a remuneration system, the employer must introduce reasonable differentiation of remuneration, including depending on the conditions in which labor activity is carried out. Due to international standards and the requirements of Russian labor legislation, it is not allowed to set wages in the same amount for employees performing work in the same profession, specialty or position (rated according to the same category) in different working conditions (harmful and normal).
Changes made to Articles 129 and 133 of the Labor Code of the Russian Federation by Federal Law of April 20, 2007 N 54-FZ "On Amendments to the Federal Law "On the Minimum Wage" and other legislative acts of the Russian Federation" (paragraphs 1 and 2 of the article 2) do not affect the rules for determining employee wages and the remuneration system. When establishing a remuneration system, each employer must equally comply with both the norm that guarantees an employee who has fully worked the standard working time for the month and fulfilled labor standards (labor duties), a salary not lower than the minimum wage, and the requirements of Articles 2, 22 , 130, 132, 135, 146 and 147 of the Labor Code of the Russian Federation, including the rule on establishing higher wages for workers engaged in heavy work, work with harmful and (or) dangerous and other special working conditions compared to tariff rates, salaries (official salaries) provided for identical types of work, but with normal working conditions"
Pay attention to part 2, clause 2.2
After the increase in the federal minimum wage, disputes are constantly ongoing between employers and subordinates regarding the amount of wages. According to Part 3 of Art. 133 of the Labor Code of the Russian Federation, the monthly salary of an employee who has worked a full month (complied with working hours and labor standards) should not be lower than the federal minimum wage, the amount of which from May 1 is 11,163 rubles. Not a single provision of the Labor Code of the Russian Federation states that the salary as a component of the monthly salary established by the employer should reach the federal minimum wage. We will talk about what payments are taken into account and not taken into account when bringing the salary up to the minimum wage in the article.
Bringing wages up to the minimum wage - what additional payments should be made to wages
Important! The monthly wage, including salary, incentives and compensation payments, should not be lower than the federal minimum wage if the worker has worked for a month in full - he has fulfilled the standard labor and working hours.
Let's look at an example with the payment of the minimum wage in the capital of Russia - Moscow. In metropolitan institutions, according to clause 3.1.3 of the Moscow tripartite agreement for 2016-2019 dated December 15, 2015 between the Moscow Government, Moscow associations of trade unions and employers, when bringing wages to the minimum wage, payments accrued in accordance with -154 Labor Code are not taken into account RF.
Will not be taken into account: (click to expand)
- additional payment for going to work on a non-working holiday;
- percentage bonuses for length of service in the regions of the Far North and in equivalent areas, as well as regional coefficients;
- payment for part-time work;
- additional payment for combining positions (expansion of service areas, etc.);
- overtime pay;
- other accruals approved at the level of the constituent entity of the Russian Federation, which indicates its own minimum wage.
Bringing wages up to the minimum wage - what compensation payments cannot be taken into account if the official salary is 6 thousand rubles
Social payments cannot be taken into account, since their payment is in no way related to wages or the quality of work performed:
- bonuses from wage fund savings;
- material aid;
- one-time payments for the anniversary, one-time bonuses;
- other incentive payments, the provision of which is stipulated by the collective agreement.
Increased pay for night work cannot be taken into account when bringing wages to the federal minimum wage.
Additional payment for performing the duties of a temporarily absent employee without exemption from basic job functions, for increasing the volume of work performed, for expanding service areas, as well as for combining positions and professions are also not taken into account when bringing wages to the minimum wage. This is explained as follows - the employee has the right to agree to perform additional duties for an additional payment, while continuing to perform his job functions, and this additional payment is due to him for performing other work performed in addition to the duties assumed (Article 151 of the Labor Code of the Russian Federation). And since the additional payment is given for work other than the one for which the basic salary is paid, it is impossible to take into account 2 different payments together.
Payment for part-time work is not taken into account when bringing wages to the federal minimum wage indicator, because part-time work involves the implementation of other labor functions during free time from the main job, the performance of which is regularly paid in accordance with the employment contract (Article 282 of the Labor Code of the Russian Federation). That is, these are two different jobs, despite the fact that part-time work is paid depending on output, in proportion to the time worked or in another way.
Payment for work on non-working holidays is not included in the calculation of the minimum wage. According to Part 4 of Art. 112 of the Labor Code of the Russian Federation, the presence of holidays in a calendar month does not in any way affect the amount of wages of employees receiving an official salary. Therefore, as in the general case, working off the norm in the current month will mean receiving a salary not lower than the federal minimum wage, despite the presence of holidays. And work on holidays will be paid at a double rate (Article 153 of the Labor Code of the Russian Federation) in excess of the minimum wage.
Increased overtime pay is also not subject to accounting when bringing the salary up to the minimum wage, since its payment is made outside the normal working hours (overtime work is performed after the daily shift or in excess of the normal number of working hours during the accounting period). It turns out that for overtime work an employee receives payment above the minimum wage (time and a half for the first 2 hours, and double payment for subsequent hours).
Percentage bonuses for work experience in the Far North and regional coefficients will also not be taken into account when bringing wages up to the minimum wage, since the federal minimum wage is guaranteed to all workers without taking into account the area in which the enterprise where they work is located. According to the Resolution of the Constitutional Court of the Russian Federation dated December 7, 2017 No. 38-P, the minimum wage is established throughout Russia simultaneously without taking into account the climatic characteristics of the constituent entities of the Russian Federation.
Additional payments for work in harmful and dangerous production will not be taken into account when bringing wages to the minimum wage, because the wages of employees working in normal conditions, who have fully worked for a month and fulfilled the standard of labor and working month, should not be lower than the minimum wage.
The level of economic situation in Russia is determined by many factors. The well-being of each of us depends on the financial stability of the country. One of the main indicators by law is the minimum wage. Minimum wage - what is it in simple words?
How is the minimum wage deciphered?
This concept is necessary in order to correctly calculate the amount of tax fees, penalties, penalties and other payments. In simple words, this is the minimum adopted by the government of the Russian Federation, which each enterprise is obliged to pay to its employee for the month worked.
Each employee should know the amount of his salary, since this is a kind of evidence that he will not receive less than this amount for the period worked. According to the law, an employer cannot pay a salary lower than this indicator. If an enterprise nevertheless pays less than the minimum wage, then it faces both administrative and criminal liability.
Purpose and rules of use
In Russia, the minimum wage is used to solve such main problems as:
- monitoring and adjusting wage levels;
- establishing the amount of cash benefits (social benefits and benefits);
- assessment of the rights of those groups of citizens who are insured with pensions.
In addition, individual entrepreneurs who carry out their activities make certain insurance contributions based on the minimum wage. This means that when the cost of living in a country increases, not only the size of wages increases, but also the amount of deductions increases, which leads to higher prices.
The minimum wage stands for a certain indicator that affects the amount of fines and taxes. In addition, the minimum subsistence level is applied in the following codes:
- Tax.
- Civil.
- Administrative.
In all legislative acts it is used at the initial level, in relation to which all monetary fines are formed.
How is the indicator determined?
The resolution is adopted at the government level. Regional authorities have the right to decide to increase the amount of minimum payments, but it cannot be less than what is already established.
Minimum wages are periodically adjusted depending on the increase in the general price index for goods and services. The minimum wage by year should ideally not be lower than the minimum income level in the region for the working population.
The main reserve is the own funds of a private enterprise. For government agencies, the source of income is the budget of a certain level (federal, local).
The national minimum wage is established by the Parliament of the Russian Federation (which is a representative and legislative body), signed by the president, and this document receives the force of a federal legislative act. In the regions, the minimum wage is determined by a tripartite agreement. It is developed based on a general solution, and then approved:
- the highest executive collegial body of government or regional administration;
- trade union or other association from employees;
- All-Russian public organization representing the interests of business circles.
After the agreement is announced in the regional media, employers have the right to express their negative assessment by writing a written statement to the regional administration.
If during a certain period the enterprise does not express its opinion on this issue, then this is regarded as acceptance of the situation. In reality, such cases rarely occur.
What is included in the salary?
How is the minimum wage deciphered? In Russia, this is the smallest amount of cash payments to an unskilled employee for a fully worked month. In this case, the work must be performed in good conditions. The Labor Code of the Russian Federation establishes the following components of this minimum:
- Cash payments for his work, taking into account the professional skills and knowledge of the employee.
- Additional payments for non-compliances that contradict standard working conditions (northern region, radiation zone).
- Bonuses and incentives.
A separate payment is due for additional workload. Payment for part-time or one-and-a-half-time work is not required to be the minimum wage. The minimum payment must be calculated taking into account the additional load.
Holidays and night shifts
Overtime is not included in the minimum wage. The Labor Code establishes payment for an employee’s work outside of his or her work schedule. Article 152 defines payment for overtime (the first two hours cost one and a half times more, the subsequent hours are calculated by doubling). At the request of the employee, monetary remuneration may be an additional day off.
Determines the specifics of payment on weekends and holidays.
Legal aspects
The Federal Law “On the Minimum Wage” was adopted on June 19, 2000. The legislative acts stated that from July 1, the minimum wage was 132 rubles, from January 1, 2001 - two hundred rubles, and in 2017 - 7,800 rubles. Compliance with the legal minimum is monitored by higher authorities:
- prosecutor's office;
- tax office;
- Labour Inspectorate;
- social insurance fund.
If a violation is detected, a system of fines is applied to the employer. Their structure and sequence of action are registered in the Administrative Code of the Russian Federation. The manager of the company or the enterprise itself is subject to sanctions. The organization and director are fined, and entrepreneurs are forced to make payments or cease activities for a certain period.
New minimum wage
Let's look at the highest and lowest cash payments in Russian regions for 2017. From January 1, the minimum wage increased to seven thousand eight hundred rubles. Most urban districts adhere to the same amount.
There are regions with a minimum wage higher than seven thousand eight hundred rubles, for example:
- Bryansk and Vladimir regions increased the figure to eight thousand five hundred rubles.
- Kursk region - nine thousand eight hundred rubles.
- Moscow - seventeen thousand five hundred rubles.
- Moscow region - thirteen thousand seven hundred rubles.
- Ryazan and Tambov region - eight thousand three hundred rubles.
- Yaroslavl region - ten thousand rubles.
- Krasnoyarsk Territory - from ten thousand five hundred rubles to twenty seven thousand seven hundred rubles.
In the Oryol region, the minimum wage has increased to ten thousand rubles. And in the Tula region, the minimum wage increased by five thousand two hundred rubles.
It is worth noting that in the entire Siberian region the minimum wage is higher than the standard established by the state.
Promotion
On January 1 of next year there will be a traditional increase in the minimum wage. The document that regulates amendments to the federal law was published on September 11, 2017. The bill will be submitted to the State Duma for consideration together with the draft budget of the Russian Federation for 2018-2020. According to a number of experts in this field, there is a high probability that the document will be approved.
The increase in the minimum wage in 2018 will be significant. It should be eighty-five percent of the subsistence minimum. And from 2019, the minimum wage of the price assessment of the consumer basket should be one hundred percent.
Thus, the minimum wage in Russia should increase by twenty-one percent (9,489 rubles). Therefore, an increase in the minimum wage will entail an increase in salaries for employees of regional enterprises.
What is the difference between the minimum wage and the living wage?
These concepts often arise in the life of every citizen of the Russian Federation. The first term covers only employed people, and the living wage is defined for all categories of the population. Each urban district fixes its own values in relation to these two terms, but they cannot be lower than the norm established by the state. In life, it turns out that the cost of living is greater than the minimum wage. In this regard, we can conclude that a citizen does not always receive the payment that is enough to pay for all needs.
Thus, the minimum wage stands for minimum income. It serves as the basis for calculating taxes and benefits. The minimum subsistence level is approved by the state. The following coefficient is established separately for each citizen:
- pensioner;
- child;
- able-bodied citizen.
The relationship between the minimum wage and the cost of living
For the first six months of two thousand and seventeen, the cost of living is:
- For the working population - 10,404 rubles.
- For people of retirement age - 7,916 rubles.
- For children - 9,489 rubles.
- The average is 9,662 rubles.
The minimum wage over the past few years has been:
- in 2013 - five thousand two hundred rubles;
- in 2014 - five thousand five hundred rubles;
- in 2017 - seven thousand eight hundred rubles.
According to the given indicators, we can conclude that the minimum wage is somewhat less than the subsistence level. In Russia, it is planned to gradually increase the minimum wage (the minimum will reduce the difference between them. The highest wage ratio has been approved in France and the Netherlands.
