The payroll system is changing. Terms of payment of wages. Time to defend your rights in court

30.03.2020

January 3rd, 2017 admin

The deadlines for paying salaries from October 3, 2016 are determined by law no later than the 15th day of the next month. Amendments to the Labor Code of the Russian Federation and the Code of Administrative Offenses of the Russian Federation were introduced by Federal Law No. 272-FZ of July 3, 2016. Until that time, the company could set the date for the payment of wages on its own.

By again adopted law a ban on the issuance of salaries less frequently than every half a month. Thus, the salary should be issued twice a month (advance and salary).

What documents determine the date of payment of wages? The term for payment of wages may be determined by the following documents: internal labor regulations, collective agreements or employment contracts.

In accordance with Part 6 of Art. 236 of the Labor Code of the Russian Federation in the new edition. wages are paid no later than 15 calendar days from the end of the month for which they are accrued. Those. salary for February 2017, for example, must be issued no later than March 15th.

Based on part 6 of Art. 136 of the Labor Code of the Russian Federation, the employer is obliged to pay wages to employees at least once every half a month.

What should companies do with payroll due later than the 15th? To do this, you need to change the conditions in employment contracts with employees. Moreover, the date employment contract must be before October 03, 2016.

Late pay penalties.

In 2016, administrative fines for non-payment of wages are determined on the basis of parts 1.4 of Art. 5.27 of the Code of Administrative Offenses of the Russian Federation. They are the same as for others. labor rights on violations:

— up to 50 thousand rubles for the first violation

- up to 70 thousand rubles for a second one.

Federal Law No. 272-FZ introduces a separate penalty for delaying wages, as well as a “progressive scale” for employee compensation.

In addition, new paragraphs 6 and 7 have been added to Article 5.27 of the Code of Administrative Offenses. These paragraphs define the following types of fines.

For partial or complete non-payment to an employee within the established salary period (if these actions do not contain signs of a criminal offense):

- fine official is set in the amount of 10-20 thousand rubles,

- a fine for individual entrepreneurs - 1-5 thousand,

The company's fine is 30-50 thousand rubles.

This penalty is provided for delaying earnings and other payments within the framework of labor relations. When wages are set lower than those stipulated by labor legislation, fines are provided in the same amount.

What penalties threaten companies and individual entrepreneurs in case of repeated violation of the terms of payment of salaries?

In case of repeated violation, the following fines are provided:

- a fine to an official of 20-30 thousand or disqualification for a period of 1 to 3 years,

- a fine for individual entrepreneurs - 10-30 thousand,

- a fine for the company - 50-100 thousand rubles.

Compensation for late pay.

The employer is obliged to pay compensation to the employee for the delay in the payment of wages. The amount of compensation for late payment of wages is 1/150 of the key rate of the Central Bank.

Disputes about non-payment of wages and other payments are resolved in court, where employees can apply within a year from the date of the established payment period, including in case of non-payment upon dismissal (until October 03, 2016, the total period was 3 months from the date when it became known about rights infringement).

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New payroll dates for 2017

This year, there will be changes in the procedure for issuing wages. And in case of violations of the new rules, the employer expects higher penalties than before.

What exactly will change when the innovations come into force? What regulations need to be amended? What are the payroll dates for 2017? Read about all this and much more in this article.

Advance payment and salary: new and fixed terms

In June of this year, amendments were made to the legislation regulating the procedure and terms for the payment of wages. In particular, article 136 has been amended Labor Code RF. So far, it operates in the old version, which does not provide for a strict time frame for these payments. It is only said that remuneration by the employer should be made "at least every half a month."

In the new text of the document, this provision is preserved, and twice a month the employee is also credited with amounts of money: an advance payment and the actual “pay”. From October 3, 2016, when the innovation comes into force, an important clarification is added: the employee of the company must receive the money no later than the 15th day of the month immediately following the accounting one.

Earlier - it is possible, later - it is impossible. But even in the case when the law is formally observed, in the internal regulations, in the Collective Agreement or other normative documents a single exact day must be fixed when the employee will receive the money earned.

A very important nuance! Let's say the company's management issues a salary on the 14th of each month, and even included this item in required documents. And the advance pays ten days earlier. This will be considered a violation of the law, since an equal number of days must pass between one and the second payment, that is, the month will have to be divided exactly in two. In our case, the advance will fall on the 29th. Violation of this condition will result in a fine.

Documentation changes

Changes in the Labor Code of the Russian Federation in the terms of payment of salaries in 2017 required changes to a number of documents of organizations. Documents that fix the date of payment of the advance and pay may be the Labor Regulations, the Regulations on Remuneration, the Collective Agreement. On their basis, specific employment contracts are drawn up with employees.

The management of the companies in the shortest possible time needed to verify the postulates of the new edition of Article 136 of the Labor Code of the Russian Federation with the provisions that have so far been included in the local regulations of the organization. And it is also required to familiarize all employees with the innovations, moreover, against signature.

Changes to each individual employment contract will have to be made by first sending a written notice to the employee. The letter must indicate the reasons for which the changes in the timing of material payments are made. And the law requires these notifications to be sent in advance, or more precisely, two months before the new procedure for assigning payments comes into force. That is, the management of the company had to inform subordinates about changes in the Labor Code before August 3, 2016 (two months before October 3).

Another necessary step: the conclusion of an additional agreement to the employment contract, which will stipulate new terms for the payment of wages. When this requirement is met, it is not even necessary to issue an appropriate order: once each employee is informed of the new information individually.

Penalties

It is impossible to violate the terms of payment of salaries from October 2016. Delays in payment are fraught with fines. They were previously provided as a measure of punishment, but now, that is, from October 3, 2016, the amount of penalties for most items has increased. So, for the primary violation of the deadlines, the head can be warned, as before. But they can also be fined from 10,000 to 20,000 rubles. For comparison: earlier this punishment was “estimated” at 1-5 thousand rubles. For individual entrepreneurs, the amount of the penalty remained the same: 1000-5000 rubles. For companies, it also remained the same: 30,000-50,000 rubles.

The approach of the regulatory authorities in cases of repeated violations is even stricter. The head of the firm may be disqualified for a period of one to three years. Or a fine of 20,000-30,000 rubles. against the previous 10,000-20,000 rubles. For individual entrepreneurs, "scissors" of 10,000-20,000 rubles were previously provided for in this situation. from now on, the maximum amount has increased to 30 thousand rubles. For companies, the initial "issue price" remains the same, 50 thousand rubles, and the upper bar has risen from the previous 70,000 to 100,000 rubles.

The terms for paying salaries in 2017 according to the Labor Code of the Russian Federation are only one side of the coin. In addition to complaints about the deadlines, the inspectors, and the employees themselves, may have questions about the size of the salary. By law, it cannot be lower than the minimum wage. Today, the minimum wage is 7500 rubles. And in some regions even higher. An organization that does not adhere to this regulation has the right to be fined 30,000-50,000 rubles.

Liability to employees

But that's not all. Article 236 of the Labor Code of the Russian Federation also provides material liability for late payments directly to the employees of the enterprise or organization. And it has also been upgraded since October 2016.

Until October 2016, compensation to employees for late payment was calculated in the amount of 1/300 of the refinancing rate of the Bank of Russia for each day of delay. From the date of October 3, 2016, the calculation is based on the indicator of 1/150 of the key rate of the Central Bank of the Russian Federation. That is, the amounts will be twice as high.

Let's do the calculations using the previous formula. The initial data are as follows: a debt in the amount of 10,000 rubles, a delay in terms of 5 days, a refinancing rate for the delay period is 10.5%.

Extending Claims

As you can see, workers, office workers and other employees of companies are now more protected in terms of timely remuneration. The terms of payment of salaries from October 3, 2016 should be specified. It will be a little more difficult for the employer to comply with all the conditions prescribed by law.

Moreover, from the same day, from October 3 of this year, the period for filing claims with the court is significantly increased. Previously, there was practically no time for reflection and buildup: the claim had to be sent to court no later than three months from the date of payment, which turned out to be “outlawed”.

Now the statute of limitations has grown to a year. That is how much time is left for the employee in respect of whom the violation occurred. This innovation is recorded in article 392 of the Labor Code of the Russian Federation.

Remember these numbers

Summarizing the above, we draw your attention to the most important figures:

15th day of the month following the settlement month - the deadline for the payment of the second part of the salary;
1/150 of the key rate of the Central Bank for the period of delay - compensation payments for one day of delay in wages;
1 year - the deadline for an employee to file a lawsuit for delayed wages;

50,000 - a fine for setting a salary below the minimum wage. . 100,000 rubles is a new punishment for a company that repeatedly violates the law regarding the timing of payments.

Article comments

Article 136 of the Labor Code of the Russian Federation. Procedure, place and terms of payment of wages

New edition Art. 136 Labor Code of the Russian Federation

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

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

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

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

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

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

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

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

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

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

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

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

Commentary on Article 136 of the Labor Code of the Russian Federation

Conditions of remuneration, such as the place and timing of payment of wages, are essential terms of the employment contract. This follows from Article 57 of the Labor Code of the Russian Federation.

As already mentioned, this information may not be included in the employment contract with a specific employee if they are generally established for most employees of the enterprise and are enshrined in a collective agreement or other local regulatory act.

In this case, it is enough to make a reference to such a document in the employment contract.

In addition, the clause of the employment contract regarding the conditions of remuneration must necessarily contain information about the form in which remuneration is made: in cash or in a combination of monetary and non-monetary forms. The condition must also be stipulated in what form the payment is made - in cash, that is, through the cash desk of the enterprise, or by transferring to the employee's bank account.

According to the general rule established by Article 136 of the Labor Code of the Russian Federation, wages are paid to the employee at the place of work or transferred to the bank account indicated by the employee on the terms determined by the collective or labor agreement.

The obligation of the employer to pay wages at the place of work is especially relevant for employees of those organizations whose structural divisions are geographically located in different places. This obligation is to organize the payment of wages to each employee in the place where he performs his labor duties.

The legislation also allows the possibility of transferring wages to a bank account. To do this, you need a statement from the employee indicating the bank account to which wages will be transferred.

Note that this form of payment is voluntary for employees. The transfer of wages to the employee's bank account is possible after the conclusion of a bank account agreement between the employee and the bank.

According to paragraph 1 of Article 421 of the Civil Code of the Russian Federation. citizens and legal entities free to enter into a contract. Coercion to conclude a contract is not allowed, except in cases where the obligation to conclude a contract is provided for Civil Code RF. by law or voluntarily assumed obligation. Therefore, the employer cannot oblige the employee to conclude a bank account agreement for the transfer of wages.

And further. Wages are paid directly to the employee, unless another method of payment is provided for by law or an employment contract. For example, in the case when an employee is on a business trip, the amounts of wages can be sent to him by postal or telegraphic transfer.

The Labor Code establishes the obligation of the employer to notify each employee in writing of the components of wages due to him for a certain period. The form of the pay slip is approved by the employer independently, taking into account the opinion of the representative body of the employee.

Article 136 of the Labor Code of the Russian Federation establishes that wages are paid at least every half a month on the day established by the internal labor regulations of the organization, the collective agreement, the labor contract.

Often, employers do not want to pay salaries twice a month, and for this they collect statements from employees (on a voluntary-compulsory basis) that they want to receive wages at a time once a month. In addition, this procedure is often fixed in collective and labor agreements.

However, even in this case, organizations are not immune from the fact that, in the event of an inspection, the labor inspectorate will fine the organization for violating labor laws, because the Labor Code clearly states that wages must be paid at least every half a month.

Even in the event that employees agree to receive wages once a month and have submitted relevant applications to the organization, the organization is not entitled to pay wages less than every half a month.

In addition, in the event that conditions for the payment of wages less than every half a month are included in an employment or collective agreement, such conditions will be considered invalid on the grounds that they worsen the position of employees compared to labor legislation.

Please note: according to Article 5.27 of the Code of Administrative Offenses of the Russian Federation, violation of labor legislation and labor protection entails the imposition of an administrative fine on officials in the amount of from five to fifty times the minimum wage. Moreover, violation of labor legislation and labor protection by a person previously subjected to administrative punishment for a similar administrative offense entails disqualification for a period of one to three years.

Specific days for the payment of wages must be established by an employment contract or a collective agreement and cannot be changed unilaterally.

In the event that the day of payment of wages coincides with a day off or a non-working holiday, the payment of wages is made on the eve of this day.

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

Other terms for the payment of wages may be established only for certain categories of employees and only on the basis of federal laws.

Another commentary on Art. 136 of the Labor Code of the Russian Federation

1. The provisions of art. 136 of the Labor Code of the Russian Federation comply with the requirements of the ILO Convention N 95 "On the protection of wages".

2. Article 136 of the Labor Code of the Russian Federation introduces the obligation of the employer to issue a pay slip to the employee. The payslip must contain the following information:

- on the structure of wages (established official salary, tariff rate, allowances, additional payments, incentive payments, payments for work in special conditions, bonuses);

- on the amount and grounds for deductions made (for tax with individuals; on the recovery of alimony and other amounts on the basis of court decisions; for reimbursement of unused advance payment wages; on repayment of unspent and unreturned advance payment; on the return of overpaid amounts; for compensation for material damage caused to the employer; on the return of a loan issued by the employer; by order of the employee, etc.);

New salary payment terms in 2016-2017

The new Federal Law No. 272-FZ dated June 3, 2016 amended the terms for paying salaries in 2016. The changes come into effect on October 3, 2016. Amendments were made to the current legislation, according to which salaries cannot be issued later than the 15th day of the month following the settlement month. The following important changes should also be highlighted:

increasing the degree of liability of the employer to the employee;
increased fines for violations of labor laws;
the amount of monetary compensation to an employee for non-compliance with the terms of payment of wages has been increased.

The purpose of our material today is to help employers prepare for these changes in a timely manner. We will tell you how to bring labor Relations with employees in accordance with the changed legislation.

New terms of payment of salaries 2016 according to the Labor Code of the Russian Federation

Changes in the Labor Code of the Russian Federation in the terms of payment of salaries in 2016 affected Art. 136 of the Labor Code, which determines the terms for paying salaries in Russia. Until now, this article has not established specific dates for the payment of salaries. The only obligation that this article placed on the employer was to pay wages at least once every half a month.

The terms of payment of salaries from October 2016 will be regulated. In accordance with Art. 136 of the Labor Code of the Russian Federation, as before, wages will have to be paid at least once every two weeks. At the same time, the article will now clarify that the payment of salaries should occur no later than the 15th day of the next month.

The specific terms for paying salaries from October 3, 2016 will have to be indicated in the labor and collective agreements, internal labor regulations.

I must say that according to statistics, most employers are already paying salaries before the 15th day of the next month. However, the local regulations of the enterprise (IE) and contracts listed above may not contain these conditions. Therefore, if necessary, employers should make appropriate changes to them.

Salary and advance

In accordance with the law, the interval between the issuance of advance payment and salary should be no more than fifteen days.

For example, if an organization or an individual entrepreneur issues an advance payment to employees on the 20th, then the salary must be paid no later than the 5th of the next month. If the advance payment is issued on the 30th, then the salary is not later than the 15th. Violation of labor legislation by enterprises in this part, in accordance with Art. 5.27 of the Code of Administrative Offenses of the Russian Federation, entails a fine in the amount of up to 50,000 rubles.

At the same time, the issuance of wages earlier than the deadline established by local regulations is not a violation.

Checking local regulations

The specific terms for the payment of wages in many enterprises are reflected in the Labor Regulations and in the Regulations on wages. The new 2016 salary timing law does not prohibit this. However, by the time the law comes into force, the terms of payment must be brought into line with the requirements of this law.

In turn, the employer must familiarize employees with the changes made to local regulations against signature.

Verification of employment contracts

The situation is similar with labor and collective agreements. They should reflect the new terms of payment of salaries in 2016. It is possible that their content already fully complies with the requirements of the new law. But it is possible that the contract allows the payment of wages later than the 15th of the next month, for example, on the 20th. It may also turn out that the gap between the payment of the advance payment and the payment of wages is more than 15 days.

According to the legislative changes under consideration, these are violations. The employer must make appropriate changes to employment contracts by October 3, 2016.

Notifying employees of changes

To make appropriate changes to the employment contract, it is necessary to send the employee a written notice of changes in the terms of the employment contract. The notice must list the changes to the contract, indicating specific reasons and grounds. In this case, the notification will contain new terms for the payment of wages in 2016 according to the Labor Code of the Russian Federation.

At the same time, in accordance with Part 2 of Art. 74 of the Labor Code of the Russian Federation, the notification must be sent to the employee no later than two months before the changes are made. Thus, in order to amend the employment contract by October 3, 2016, notifications to employees must be sent before August 3, 2016.

What new salary rules need to be reflected in the documents, how to calculate the salary payment period so that the inspector does not find fault with you, read in the article.

From the article you will learn:

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Payment of wages under the new rules

The right of every worker to timely receiving a salary enshrined in Russian labor legislation. This means that the employee must receive payment for his work in a timely manner and in full. For the employer, the payment of wages to employees becomes one of the key responsibilities.

The procedure for paying wages is quite strictly regulated by the Labor Code of the Russian Federation, which stipulates not only the conditions, but also the terms of settlement with employees. Not so long ago in Art. 136 Labor Code of the Russian Federation, regulating the procedure, place and terms of payment of wages, made additions that every employer should remember. Previously, the main condition was the need to give the staff the money earned at least once every half a month, and in the new edition, additional specifics appeared.

Important! From August 6, 2019, the minimum period for which an employee is required to notify the employer about changing the payroll bank has been increased. Now it is 15 calendar days before the next pay date. Previously, the deadline was 5 business days. Such an amendment was made to Article 136 of the Labor Code. Therefore, change the section of the PWTR on the procedure for paying salaries.

The rules for transferring child benefits have also changed. From May 1, 2019, all employers are required to transfer the following types of benefits to the Mir card:

on pregnancy and childbirth;
when registering in the early stages of pregnancy;
at the birth of a child;
caring for a child up to 1.5 years.

The procedure and terms of payment of wages

Since the terms of payment of wages under the Labor Code are more stringent than a couple of years ago. The reason for this was the changes made to Art. 136, on the basis of Federal Law No. 272-FZ of July 3, 2016. In accordance with the amendments, the advance payment is supposed to be issued no later than the 30th day of the current month, and the salary no later than the 15th day of the next month.

Important! The salary accrued for March must be issued to the employee no later than April 15, earnings for April - no later than May 15, and so on. The advance payment for March must be paid no later than the 31st day of this month. More frequent than once every half a month, settlements with employees are not prohibited.

The norms of federal legislation do not regulate the ratio of such forms of salary as an advance payment and the main part. The parties to the employment relationship decide this issue at their discretion. But there are somewhat limited ones, which are reflected in the letters of the Ministry of Labor dated March 12, 2019 No. 14-2 / OOG-1663, dated April 18, 2017 No. 11-4 / OOG-718 and dated September 23, 2016 No. 14-1 / OOG-8532.

Constraint #1. The first part of the salary must be calculated in proportion to the hours worked and the amount actually earned for the first half month must be paid (letter of the Ministry of Labor dated February 5, 2019 No. 14-1 / OOG-549). Therefore, if an employee was sick or was on vacation in the first half of the month, salary cannot be calculated on these days. To avoid misunderstandings and disputes, it is recommended to prescribe the amount and procedure for paying the advance in local regulatory documents and familiarize employees with them.

The legislator does not set exact dates, leaving the employer to independently choose the most convenient days for payments within the period limited by the Labor Code. When paying an employee his earnings, in the payslip it is necessary to notify him in writing not only of the total amount of the payment, but also of:

components of the salary accrued for the relevant period;
the size and grounds for deductions, if any;
amounts accrued in the form of monetary compensation, vacation pay, severance pay and other payments due to the employee.

Constraint #2. Do not withhold personal income tax from the advance part. The day of receipt of income in the form of wages is the last day of the month (clause 2 of article 223 of the Tax Code). Therefore, according to the department, personal income tax can be withheld only at the end of the month in which the salary was accrued (letter of the Ministry of Labor dated February 5, 2019 No. 14-1 / OOG-549).

In order not to be mistaken with the terms of payment of salaries, two rules should be observed:

Rule number 1. The period between advance payment and salary should not exceed 15 calendar days
Rule number 2. The final payment is made no later than the 15th day of the new month.

Important! For some categories of employees, federal legislation may establish other terms for the payment of wages.

If we are talking about a large organization with a large number of structural divisions and voluminous staffing, the establishment of different dates for the issuance of salaries for different departments is allowed. The legality of such a decision is confirmed by the explanatory letter of Rostrud No. PG / 6310-6-1 dated 06/20/2014. At the same time, it should be taken into account that the difference between the terms of established payments should not be more than half a month, and the deadline for issuing is the 15th day of the month following the reporting one.

Table. Correspondence of the days of payment of salaries for the first and second parts of the month

The law does not qualify the establishment of different days for the issuance of wages for different categories of employees of the same organization as discrimination; the establishment of such an order does not entail any consequences.

How to specify pay days

For accrued wages, the specific dates of its payment, as well as the place of its issuance, are approved by the employer and are reflected in local documentation, for example, in the “Internal Labor Regulations”, “Regulations on Remuneration” and other regulations. In addition, the terms of payment of wages can be established by a collective or employment contract.

The fact that in Art. 136 Labor Code of the Russian Federation the types of documents fixing the terms of payment of wages are listed separated by commas, which makes it possible to consider them equivalent. But it is more reliable, of course, to enter information into several documents, thereby protecting yourself from any claims in this regard from the regulatory authorities for the future.

Important! Reflecting in the employment contract the condition on the procedure and terms of remuneration, it is necessary to indicate the exact dates, and not time intervals. For example, if wages are paid on the 10th and 25th of each month, then write down the salary condition in the contract that way. In no case do not use the wording "from the 7th to the 12th and from the 23rd to the 28th of each month."

Specifying time intervals instead of specific dates is considered a serious violation of labor laws, as it automatically provides the employer with a wide field for violating the requirements Clause 6, Article 136 of the Labor Code of the Russian Federation. For example, having paid one part of the salary on the 8th and the other on the 27th of the current month, he will violate the norm on issuing money at least once every half a month.

What if, according to the calendar, the date of the next payment coincides with a weekend or non-working holiday? Such a coincidence is not considered a legitimate reason for. Therefore, it is necessary to pay the employee the amount due to him on the eve of the weekend or holiday, but not after.

Postponement of pay day

Changing payroll dates

When reviewing local regulations, it may turn out that the terms for paying wages previously established by the organization are no longer considered legal. For example, you find that the interval between the dates of the advance payment and the remaining part of the monthly salary is more than half a month. Another common mistake is the issuance of salaries for the past month after 16 or more days have passed since the beginning of the current month.

Errors of this kind must be corrected immediately. To this end, appropriate changes are made to the internal regulatory documentation of the employer, approved by a separate order. Additional agreements are concluded with employees on changing the terms of the employment contract in the manner prescribed Art. 72 of the Labor Code of the Russian Federation.

Additional agreement on changing the terms of remuneration

Important! In order not to have to conclude additional agreements with employees every time a change in the terms of payment of wages, it is enough initially, when drawing up an employment contract, to make a reference to a local normative act fixing these terms. Then, with the next postponement of the dates of receipt of salaries, it will be possible to confine ourselves to making changes to the normative act, reducing the amount of paperwork.

Responsibility of the employer for non-compliance with the terms of payment of wages

Since the supervisory authorities are closely monitoring employers' compliance with the terms of payment of wages in 2019, only strict compliance with the law will protect against claims and fines. Even if the employee himself asks to pay him a salary once a month, you should not go to meet him.

What is convenient for the parties to the employment contract is not always legal from the point of view of the court or the GIT inspector. Formally, any work that is not paid in due time is considered forced, is regarded as a violation of the law and provides good grounds for applying administrative, material and civil liability measures to the employer.

Important! Delaying the issuance of a salary or part of it, even one or two days longer than the deadline, will subsequently have to pay additional amounts to the injured party. Each day of delay is compensated by an additional payment in the amount of at least 1/150 of the key rate of the Central Bank of the Russian Federation that was current at the time of the violation.

But the punishment doesn't end there. If we are talking about a long (more than 15 days) delay in payment, the employee has the right not to start work at all until the moment he receives his salary, having previously warned the employer about this. In this situation, the law will be on his side. For the entire time the employee is absent from work due to a long delay in salary, he retains his average earnings (Federal Law No. 434-FZ of December 30, 2015).

In addition, the employee can initiate an investigation into the circumstances of the offense by applying to the court or the GIT. If the result confirms the fact salary delays at the enterprise, which is regarded as a violation of the property rights of employees, the employer may be required to pay a fine in the amount of:

from 1,000 to 5,000 rubles (the measure applies to the chief accountant of an organization and an individual entrepreneur);
from 30 to 50 thousand rubles (for organizations);
from 50 to 100 thousand rubles (for organizations in case of repeated non-compliance with the terms of payment of wages to personnel);
from 10 to 30 thousand rubles (in case of a repeated offense committed by an individual entrepreneur);
from 20 to 30 thousand rubles or deprivation of the right to hold a position for 1-3 years (for an accountant in case of a repeated offense).

Attention! Keep in mind that at the same time, employees will have to pay compensation for non-compliance with the deadline for issuing salaries, so the financial loss is sometimes very significant. In addition, the court may order the company to compensate the employee for non-pecuniary damage ( Article 151 of the Civil Code of the Russian Federation). According to Art. 392 of the Labor Code of the Russian Federation, the injured party has a whole year to file a claim for unpaid or delayed wages.

To transfer salary to an employee on time, accrue salary no later than 15 calendar days from the end of the period for which it was accrued. Write down the condition on the procedure and terms for paying salaries in the local act. Remember that under the new rules, the employer is obliged to comply with the employee's request to change the payroll bank, otherwise the company will face a fine.

What salary does the company give

For the first half of the month

For the second half of the month

2. On the day of payment to all employees of the first part of the salary (advance payment) for the current month. When calculating the advance, do not take into account the days that have already been paid to the beginner.

3. On the day of issuing the second part of the salary for the current month.

2. Setting wages below the regional or federal minimum wage (parts 6, 7 of article 5.27 of the Code of Administrative Offenses of the Russian Federation).

The procedure, place and terms for paying wages are determined by labor legislation, a collective or labor agreement, as well as other local regulations of the employer (Article 136 of the Labor Code of the Russian Federation). We will tell you about the payment of wages in 2017 in our consultation.

Employee salary notice

The Labor Code of the Russian Federation requires that the employee be notified in writing of the amount of wages accrued to him over the past month (part 1 of article 136 of the Labor Code of the Russian Federation). To notify the employee in writing means to give him a pay slip in the form approved by the employer. This payslip must contain the following information:

components of wages for the relevant period;
the amount of other amounts accrued to the employee (for example, monetary compensation for the delay in paying vacation pay);
the size and grounds for the deductions made;
the total amount of money to be paid.

Place of payment of wages

As a general rule, wages are paid to the worker at the place of work.

If the salary is paid in a non-cash form, it is subject to transfer to the bank using the details specified in the application or the employee's employment contract. At the same time, the employee has the right to replace the bank in order to receive his salary, informing the employer in writing of the details of his new bank account no later than five working days before the day of payment of wages (part 3 of article 136 of the Labor Code of the Russian Federation).

Terms of payment of wages

Wages must be paid at least every half a month on the day established by the internal labor regulations, labor or collective agreement (part 6 of article 136 of the Labor Code of the Russian Federation).

In this case, wages for the current month must be paid no later than the 15th day of the next month.

This rule does not apply to the payment of bonuses (including monthly). The organization sets its own due date.

Considering that the terms of payment of wages are determined not by a period of time, but by a specific date, this date may coincide with a weekend or non-working holiday. In such cases, it is necessary to issue a salary on the eve of such a day (part 8 of article 136 of the Labor Code of the Russian Federation).

We also recall that vacation pay must be paid no later than 3 calendar days before the start of the vacation (part 9 of article 136 of the Labor Code of the Russian Federation).

Payroll dates for 2017

Every employer should be aware established by law payroll period in 2017. Moreover, quite recently several changes have come into force in this regard. So, it became necessary to issue salaries at least 15 days after the previous payment. And failure to comply with this rule entails the imposition of monetary penalties, as in the case of delayed wages.

Changes in the Labor Code of the Russian Federation

We must say right away that the terms for paying salaries and advance payments in 2017 must be adjusted in accordance with the latest amendments to the Labor Code of the Russian Federation. They were introduced by Law No. 272-FZ of July 03, 2016 and came into force on October 03 of the same year. Starting from this date, employers were forbidden to issue salaries to employees with a break of more than 15 days.

This implies another feature: the salary for the last month must be paid no later than the 15th of the current month. Therefore, if the management does not want to be held responsible for the violation of the terms of payment of salaries in 2017, then it should not make the intervals between remuneration longer than 15 days.

What is the approximate interval between payments, now it is clear. Moreover, the law does not prohibit the issuance of the second part of the salary for the past month and the 15th of the new month. This follows from the text of amendments to labor legislation (Article 136 of the Labor Code of the Russian Federation).

risk option

Note that some employers have previously paid their employees, for example, as follows:

the advance was issued on the 20th;
the rest of the salary was transferred on the 15th of the following month.

It is better not to use this option since 2017, as it violates labor laws. It turns out that between the payment of labor passes about 25 days. And the law does not allow to transfer salaries less than 15 days later.

Deadlines for different employees

Another question that an employer may have is: is it possible in an organization to give salaries to different employees at different times? Let's say the company is quite large, and there are several different structures within it. Can an organization pay salaries to employees in one department on the 21st and 6th, and to others on the 25th and 10th?

The legislation allows the application of different terms for the payment of salaries and advances in 2017 for employees of the same organization. But the difference between such payments should not be more than half a month, and the deadline is before the 15th day of the next month.

The Labor Code has a fairly clear position on this situation. And the above case falls under the current rules. This means that it does not violate the law.

The employer should not forget about compliance with Article 136 of the Labor Code of the Russian Federation. According to her:

The salary must be paid by the 15th of the following month.
The interval between payments cannot exceed 15 calendar days.

We also note that the establishment of different pay days at one enterprise does not fall under the definition of discrimination and does not entail any consequences.

It is better not to choose the days of the 30th and 15th as the days of the salary. This will provide some convenience.

For example, in 2017, April consisted of 30 days. It turns out that the payment will need to be made on the last day of the month. In this case, the employer will have to withhold income tax from both parts of the salary. This means that in one month the accountant will need to make tax deductions twice. Then in 6-personal income tax the salary should be shown 2 times. And for each part of it, you will need to fill in your own block of lines 100 - 140. For example, more convenient days for paying salaries will be the 27th and 12th.

How to issue to new employees

Employers also have questions regarding the remuneration of newly hired employees. Thus, the first part of the salary should not be issued later than 15 days after being hired. It turns out that you can transfer money at the end of the month only if the employee was officially employed later than the 15th.

If the employer is determined to pay salaries in accordance with the Labor Code of the Russian Federation, then in the first month of work it is best to make 3 payments to the new employee at once in the following terms:

Starting from the 2nd month, you can already pay salaries, like other employees.

EXAMPLE

In August 2017, 23 working days. The daily salary is:

On August 11, you need to pay for the period from August 02 to August 11 inclusive. There will be 8 business days. Therefore, the payout will be:

RUB 956.52 × 8 days = 7652.16 rubles.

RUB 956.52 × 10 days = 9565.2 rubles.

On September 10, you need to withhold the tax, as well as deduct the amounts already from the salary and transfer the rest:

Where to reflect the terms of payment of salary

Quite a controversial issue, where to specify the terms of payment of salaries. The fact is that the point of view of Rostrud and judges on this matter is different. The range of documents is as follows:

labor regulations;
collective agreement;
labor contract.

Previously, in the Labor Code of the Russian Federation, these documents were indicated separated by commas. Then Rostrud obliged to reflect the terms in all three papers. Although it was enough for the judges to mention salary days in only one of them.

After the introduction of changes to the Labor Code of the Russian Federation in the fall of 2016, Rostrud allowed to enter information on the terms only in the labor regulations and in one of the contracts. Meanwhile, if we proceed from the wording of the law, it is enough to mention just one of the documents. But in order not to cause claims from labor inspectors, it is better to make notes on the timing of payments in two documents at once.

If information about the terms is displayed only in the collective agreement, then it is better to put down the dates and in labor contracts. Since one of their mandatory points is the conditions for calculating wages. However, it is not necessary to enter exact dates. You can simply give a link to the collective agreement or rules, where these dates are already spelled out.

It is better not to use floating dates in documents. This can cause a difference between payments of more than 15 days, which violates the rights of employees. It is necessary to prescribe the exact days of the month in the rules and contracts.

What part and when to pay

Next to the deadline for paying salaries in 2017, there is closely the question of the amount of the advance. To protect yourself from possible violation legislation, the first part should be done at least 43.5% of the total amount of wages. Although the payment of 40% will not be considered a gross violation.

As a general rule, organizations can issue an advance in accordance with a fixed percentage of the employee's salary. But it is important that this percentage is not less than the salary for half a month.

So, every month, employees receive in their hands the amount of the salary established by the contract, excluding income tax. So, they are entitled to 87% of the salary. And half of this value is 43.5% of the salary.

In order to avoid disputes with employees, it is better to pay at least 43.5% of the salary. Provided that all working days before the 15th were worked out by the employee in full. Failure to comply with this rule may result in a fine.

How many times a month can you pay a salary

The employer has the right to transfer wages more than 2 times a month. For example, 3 or 4 times. You can make payments at least every week. But once a month, the employer cannot issue a salary. This will be a violation even if the consent of the subordinate is obtained.

The exception is situations when an employee turned to management with a written request to issue a monthly salary at the time of issuing an advance. Then the organization can legally not make any payments to the employee for a whole month. If such a statement has not been received, then the employer has no right to withhold more than 20% at a time.

Payroll should not be paid in advance. In the event of dismissal, it will be difficult to keep the overpayment, because the resigned employee will no longer receive more money from the company. In addition, there are difficulties with filling out 6-personal income tax.

If the employee himself asks for an advance, then it is better to lend him money with a refund after receiving a salary (register as a loan).

When to pay bonuses

According to the point of view of the Ministry of Labor, the terms for paying bonuses in 2017 are not directly established by law. But it is better to transfer the reward no later than 15 days after the end of the month to which the bonus is related.

Compensation for violation of the deadline for issuing salary

In October 2016, the formula for calculating compensation for delays in remuneration was also changed. Now the day of delay will cost not 1/300, but already 1/150 of the key rate of the Central Bank of the Russian Federation, multiplied by the amount of money not received. In this case, compensation is calculated for the delay of each due to the employee payments.

EXAMPLE

Total amount of compensation:

211.41 + 93.96 = 305.37 rubles.

Penalties for non-compliance with deadlines

The employer, in accordance with the law, may receive the following fines (parts 6 and 7 of article 5.27 of the Code of Administrative Offenses of the Russian Federation):

for delayed wages
for setting wages below the minimum wage established at the federal (regional) level.

When a manager or organization is responsible for violating the terms of payment of salaries in 2017, then its amount is calculated as follows:

Terms of payment of salaries in 2017 according to the Labor Code of the Russian Federation

The terms for paying salaries in 2017 are established by Article 136 of the Labor Code of the Russian Federation. Federal Law No. 272-FZ of 03.07.2016 amended this article, which directly relates to the terms of payment of wages.

Terms of payment of salaries and vacation pay

Salary paid at least every half month. The first part is called an advance, the second is the second part of the salary (the final settlement with the employee for the month).

The calculation of vacation pay has changed - do not miss it. Read in the magazine "Simplification".

According to the Labor Code of the Russian Federation, the specific date for the payment of each part of the salary is established by the internal labor regulations, the collective agreement or the employment contract. According to the new rules, the payment date cannot be later than 15 calendar days from the end of the period for which it was accrued. Previously, a specific deadline was not spelled out in the Labor Code, so some companies paid salaries at the end of the next month.

It turns out that the advance must be paid no later than the 30th (31st) day of the current month. And the second part - no later than the 15th day of the next month.

Let's say you pay your salary twice a month. How to pay wages according to the rules of Article 136 of the Labor Code of the Russian Federation for November? The advance payment is paid for the first half of the month (November 1-15). Therefore, it must be paid no later than 15 calendar days from November 15. According to the rules, the advance payment for November must be paid no later than November 30th.

We pay the second part of the salary for the period November 1-30. We add 15 calendar days to the 30th, and it turns out that according to the new law, the pay for November must be paid no later than December 15th.

Vacation paid no later than 3 days before the start of the vacation (Article 136 of the Labor Code of the Russian Federation). At the same time, you need to issue vacation pay at least three calendar days.

The employee went on vacation on April 1, 2017. This means that he needs to transfer vacation pay no later than March 28.

Do I need to pay holiday pay along with my salary?

Let's say that the company has adopted such terms for paying salaries: advance payment - on the 25th, final payment - on the 10th of the next month. The employee goes on vacation from June 2, 2017, vacation pay will be paid to him three days before the start of the vacation. Is the company obligated to pay the employee's salary along with vacation pay?

Pay your salary at least every half a month a day - according to the rules established by collective and labor agreements (part 6 of article 136 of the Labor Code of the Russian Federation). Pay for the vacation no later than three days before it starts (part 9 of article 136 of the Labor Code of the Russian Federation).

Therefore, based on the situation, pay your salary on the day established by the internal labor regulations, that is, June 10. And vacation pay is paid 3 days before the start of the vacation - May 27, 2017. Thus, the employer is not obliged to pay wages and vacation pay at the same time.

Article 136 of the Labor Code of the Russian Federation in the latest edition

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

1) on the components of wages due to him for the relevant period;
2) on the amounts of other amounts accrued to the employee, including monetary compensation for violation by the employer of the established deadline, respectively, payment of wages, vacation pay, payments upon dismissal and (or) other payments due to the employee;
3) on the amount and grounds for the deductions made;
4) the total amount of money to be paid.

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

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

Wages are paid at least every half a month. The specific date for the payment of wages is established by the internal labor regulations, the collective agreement or the employment contract no later than 15 calendar days from the date of the end of the period for which it is accrued. (as amended by Federal Law No. 272-FZ of July 3, 2016).

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

Vacation pay made no later than three days before its start.

We comply with the new terms of payment of salaries to employees

In an autonomous institution, the second part of the salary is issued to employees on the 20th day of the month following the month for which it was accrued. The terms of payment are established by the internal labor regulations. In what documents is it necessary to reflect the new salary payment period determined by the Labor Code of the Russian Federation (as amended by Federal Law No. 272-FZ of July 3, 2016) ?

The law indicated in the question, which amended the Labor Code of the Russian Federation and the Code of Administrative Offenses of the Russian Federation, applies to all organizations without exception and comes into force on October 3, 2016. It establishes new terms for the payment of wages, financial and administrative liability for their violation.

According to Art. 136 of the Labor Code of the Russian Federation, now wages must be paid to employees at least every half a month. The specific payment date is determined by the internal labor regulations, collective or labor contract and should not be later than 15 calendar days from the end of the period for which the salary was accrued. Recall that the previous version of Part 6 of Art. 136 provided that wages are paid at least every half a month on the day established by the internal labor regulations, collective and labor agreements.

Thus, taking into account changes in labor legislation the actions of an autonomous institution should be as follows:

salary for October of the current year must be paid before November 15, regardless of the fact that the internal labor regulations provide for a different period;
in these rules, it is necessary to replace the 20th number with another one, for example, with the 15th. Changes must be formalized by a local act (order, order);
the content of employment contracts with employees should be analyzed. If they allow the payment of salaries after the 15th of the next month (for example, the 16th), the correct dates must be reflected.

For your information

By virtue of Art. 72 of the Labor Code of the Russian Federation, a change in the terms of an employment contract determined by the parties is allowed only by agreement of the parties, concluded in writing. That is, the employer (autonomous institution) in this case will need to sign an additional agreement with the employee to the employment contract and stipulate new terms for paying wages.

In our opinion, it is not necessary to prescribe a specific period for the payment of wages in an employment contract - here you can refer to the internal labor regulations. As for the changes made to the collective agreement, based on the results of negotiations between the parties, it is necessary to develop an additional agreement to the collective agreement (Articles 37 and 44 of the Labor Code of the Russian Federation).

In turn, the advance payment is paid for the first 15 days of the month, and therefore the deadline for its issuance is the 30th (31st) day of the current month. Note that the Labor Code of the Russian Federation establishes a requirement for the maximum allowable period of time between the payment of parts of the salary (every half a month), but the employer himself must regulate the specific terms of payments (Letter of the Ministry of Labor of the Russian Federation dated 03.02.2016 No. 14-1 / 10 / B-660).

When determining the amount of salary payment for half a month, one should take into account the time actually worked by the employee (the work actually performed by him). If the day of payment coincides with a weekend or non-working holiday, the salary is issued the day before (part 8 of article 136 of the Labor Code of the Russian Federation).

If an autonomous institution does not comply with the new terms for paying salaries, it will be held liable under Art. 5.27 of the Code of Administrative Offenses of the Russian Federation (violation of labor legislation and other acts containing labor law norms). For clarity, we present in the form of a table the new rules that have come into force since October 2016.

It should be noted that in case of violation of the established deadline for the payment of wages, vacation pay, dismissal payments and (or) other payments due to the employee, the employer is obliged to pay them with interest (cash compensation) in the amount of at least 1/150 of the key rate of the Central Bank in force at that time RF from overdue amounts for each day of delay starting from the day following the due date of payment up to and including the day of actual settlement. In case of incomplete payment of wages and (or) other payments due to the employee on time, the amount of interest (monetary compensation) is calculated from the amounts actually not paid on time. We emphasize: payment of such compensation is not a right, but an obligation of the employer.

The established deadline for the payment of wages is no later than 15 calendar days from the date of the end of the period for which it is accrued. Does this rule apply to bonuses (monthly, quarterly, annual)?

incentive payments (additional payments and allowances of a stimulating nature, bonuses and other incentive payments) are one of the components of the salary and are paid for other, longer periods than half a month (month, quarter, year, etc.);
systems of additional payments and bonuses of a stimulating nature and bonus systems are established by collective agreements, agreements, local regulations. Bonuses and other incentive payments are accrued for the results of work, the achievement of relevant indicators, that is, after an assessment of such indicators has been carried out;
if the provision on bonuses to employees establishes that the bonus based on the results of work (for example, for a month) is paid in the period following the reporting month, or the provision specifies a specific period for its payment, this will not be considered a violation of the Labor Code of the Russian Federation.

Thus, the rule of payment of wages, enshrined in Art. 136 of the Labor Code of the Russian Federation also applies to the bonus accrued to the employee, since it is an integral part of the salary. However, if the collective agreement, the provision on bonuses provides for the date (term) of payment of the bonus, the provisions of this article do not apply. For example, the provision on bonuses may contain a clause: the bonus for the reporting quarter is accrued to employees in the month following the reporting period. Accordingly, the premium for the III quarter should be accrued in October 2016, and paid no later than November 15.

The Autonomous Institution has set the due date for the payment of wages, the 25th and 10th. However, employees hired after the 28th of the current month are not included in the category of salary recipients issued on the 10th of the previous month. Can the AU have risks in case of verification state inspection labor?

The courts are of the same opinion. They believe that such a procedure for issuing salaries infringes on the rights of newly hired workers. The principle provided for by Art. 136 of the Labor Code of the Russian Federation, - payment of wages at least every half a month (see, for example, the decision of the Ulyanovsk Regional Court dated 06/23/2016 in case No. 7-202 / 2016).

“On Amendments to Certain Legislative Acts of the Russian Federation on Issues of Increasing the Responsibility of Employers for Violations of the Legislation in Part Relating to Remuneration”.

Terms of payment of wages in 2017

What is the deadline for paying salaries to employees and what is the punishment for violating these deadlines?

From the article you will learn:

Payment of wages

The procedure for paying wages is quite strictly regulated by the Labor Code of the Russian Federation, which stipulates not only the conditions, but also the terms of settlement with employees. Not so long ago in Article 136 of the Labor Code of the Russian Federation, regulating the procedure, place and terms of payment of wages, made additions that every employer should remember. Previously, the main condition was the need to give the staff the money earned at least once every half a month, and in the new edition, additional specifics appeared.

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Payroll: timing

In 2017 terms of payment of wages placed in a stricter framework than a couple of years ago. The reason for this was the changes made to Article 136, based on Federal Law No. 272-FZ dated July 3, 2016. In accordance with the amendments, the advance is supposed to be issued no later than the 30th day of the current month, and the salary - no later than the 15th day of the next month.

In other words, the salary accrued for March should be issued to the employee no later than April 15, earnings for April - no later than May 15, and so on. The advance payment for March must be paid no later than the 31st day of this month. More frequent than once every half a month, settlement with employees not prohibited. If desired, the employer can pay money to the staff at least every week.

The amount of the advance must be no less than the amount of payment for the time actually worked by the employee in the period for which the payment is accrued. To avoid misunderstandings and disputes, it is recommended to prescribe the amount and procedure for paying the advance in local regulatory documents and familiarize employees with them.

The legislator does not set exact dates, leaving the employer to independently choose the most convenient days for payments within the period limited by the Labor Code. Paying an employee his wages pay slip it is necessary to notify him in writing not only of the total amount of the payment, but also of:

A separate rule is provided for the so-called " holiday pay”, which an employee going on annual paid leave must receive in full no later than three days before it starts.

In order not to be mistaken with the terms of payment of salaries, two rules should be observed:

the period between advance payment and salary should not exceed 15 calendar days;
final payment is made no later than the 15th day of the new month.

Important: for some categories of employees, federal legislation may establish other terms for the payment of salaries.

Payroll dates

For accrued wages the specific dates of its payment, as well as the place of its issuance, are approved by the employer and are reflected in local documentation, for example, in the “Internal Labor Regulations”, “Regulations on Remuneration” and other regulations. In addition, the terms of payment of wages can be established by a collective or employment contract.

The fact that in Article 136 of the Labor Code of the Russian Federation the types of documents fixing the terms of payment of wages are listed separated by commas, which makes it possible to consider them equivalent. But it is more reliable, of course, to enter information into several documents, thereby protecting yourself from any claims in this regard from the regulatory authorities for the future.

Reflecting in employment contract condition on the procedure and terms of remuneration, you must specify the exact dates, not time intervals. Are you going to pay your salary on the 10th and 25th of each month? Write exactly this in the contract, but in no case use the wording “from the 7th to the 12th and from the 23rd to the 28th of each month.”

What to do if, according to the calendar, the date of the next payment coincides with weekend Or a non-working holiday? Such a coincidence is not considered a legitimate reason for delaying wages. Therefore, it is necessary to pay the employee the amount due to him on the eve of the weekend or holiday, but not after.

Changing payroll dates

When revising local regulations it may turn out that the deadlines for the payment of wages previously set by the organization in 2017 are no longer considered legal. For example, you find that the interval between the dates of the advance payment and the remaining part of the monthly salary is more than half a month. Another common mistake is the issuance of salaries for the past month after 16 or more days have passed since the beginning of the current month.

Errors of this kind must be corrected immediately. To this end, appropriate changes are made to the internal regulatory documentation of the employer, approved by a separate order. Contract with employees additional agreements on changing the terms of the employment contract in the manner prescribed article 72 of the Labor Code of the Russian Federation.

Important: so that every time you change the timing of the payment of salaries, you do not have to conclude with employees additional agreements, it is enough initially, when drawing up an employment contract, to make a reference to a local regulatory act that fixes these terms. Then, with the next postponement of the dates of receipt of salaries, it will be possible to confine ourselves to making changes to the normative act, reducing the amount of paperwork.

Responsibility of the employer for non-compliance with the terms of payment of wages

Insofar as supervisory authorities carefully monitor compliance by employers with the terms of payment of wages in 2017, only strict compliance with the law will protect against claims and fines. Even if the employee himself asks to pay him a salary once a month, you should not go to meet him.

What is convenient for the parties to the employment contract is not always legal from the point of view of the court or the GIT inspector. Formally, any work not paid on time is considered forced, regarded as a violation legislation and gives good grounds for applying to the employer measures of administrative, material and civil liability.

Delaying the payment of salary or part of it even one or two days longer than the established period, additional amounts will have to be paid to the injured party subsequently. Each day of delay is compensated by an additional payment in the amount of at least 1/150 of the key rate of the Central Bank of the Russian Federation that was current at the time of the violation.

But the misadventures don't end there. If we are talking about a long (more than 15 days) delay in payment, the employee has the right not to start work at all until the moment he receives his salary, having previously warned the employer about this. In this situation, the law will be on his side. For the entire time the employee is absent from work due to a long delay in salary, he retains his average earnings(Federal Law No. 434-FZ of December 30, 2015).

Please note that at the same time you will have to pay compensation to employees for non-compliance with payroll, so the financial damage is sometimes very significant. In addition, the court may order the company to compensate the employee for non-pecuniary damage (Article 151 of the Civil Code of the Russian Federation ). According to Article 392 of the Labor Code of the Russian Federation , the injured party has a whole year to file a claim for unpaid or delayed wages.

The article was written based on materials from the sites: amvtrade.ru, buhguru.com, www.26-2.ru, www.klerk.ru, www.kdelo.ru.

Most subordinates turn to the courts or labor commissions for the protection of their unrecognized constitutional rights. Despite the fact that the already existing legal system has the responsibility of the boss for non-payment of wages, for late payment of funds for hours worked, the state has taken influential measures to protect its people and has adopted new aspects that relate to the issuance of salaries for hours worked. What are the benefits of this for the people? You can read about it in this information. After reading, employees and commanding staff should draw conclusions for themselves. Do not keep silent about your violated rights, and the bosses bring the documentation in accordance with the innovations and in a timely manner in the amounts established by the regulatory legal acts of the Russian Federation and pay cash benefits to their employees.

Innovations in 2017

This regulation sets out the conditions for payment of wages. What are the terms for paying wages in 2017, you ask? The norms of Article 136 determined the terms for the payment of wages in the Russian Federation and this was at least once every half a month. However, the provisions of the article did not provide for specifying the conditions. As for the law, it provides for specific aspects, but there is a clause that wages are paid no later than the fifteenth day of the next month. Relationships at work play a big role in a person's life, so both the boss and the subordinates try to comply with legal norms in order to avoid incidents. The adoption of such legislative acts will help reduce the number of controversial issues related to the moments of payment of monetary remuneration for hired labor, determine the procedure for the place and timing of payment of wages.

The legislation of the Russian Federation provides for liability for non-compliance with the statutory deadlines for payment of monetary remuneration for work. In this connection, employers try not to violate such moments, so as not to be involved as defendants in court and interested parties in the commission on labor disputes.

Many readers are wondering if it would be a violation to pay wages ahead of schedule? Feel free to answer the question! Such remuneration is not a violation and employers have nothing to fear in these situations.

The norms of Article 236 of the Code of the Russian Federation establish the material liability of employers for delaying payment of wages to a worker. The deadline for payment of wages is set at the legislative level, which additionally guarantees the protection of the rights of employees.

Penalties for violating labor laws

The new Federal Law, which entered into force in 2017, increased the amount of fines in case of violation of the terms of payment of wages. For a clear example, let's write in the article how it was "before" / the amounts are indicated in Russian rubles /:

First violation of the law

a) Recovery of 1000-5000 to an official;

b) Sanction for an individual entrepreneur 1000-5000;

c) For a company 30000-50000.

Second non-compliance

but). Official 10000-20000;

b) Individual entrepreneur 10000-20000;

c) Company 50000-70000.

And it became "after" the adoption of the federal law:

First non-compliance

a) Fine to an official 10000-20000;

b) Collection of an individual entrepreneur 1000-5000;

c) Sanction of the company 30000-50000.

Second offense

a) The penalty is issued to the official 10000-20000;

b) A fine is issued to an individual entrepreneur in the amount of 10,000-30,000;

c) The fine was issued to the company 50000-100000.

It is important to prevent repeated non-compliance with the law, as this can be costly. It is very important to pay monetary remuneration for work within the time period stipulated by the Legislation. Why should the legal framework be strictly observed? In the eyes of employees, such an employer will have increased respect, because respect for the freedoms of subordinates should be the main aspect in the activities of the employer. You should not allow delay, salaries must be paid on time and in the amount established by the contract.

Employers must necessarily bring labor contracts between them and workers in line with the Federal Law in order to avoid problems. It is extremely important to keep your documentation in the manner prescribed by the Legislation of the Russian Federation. This will not only simplify the activities of the employer, but also help to avoid unwanted offenses, the preparation of administrative protocols and the payment of large fines due to an incorrect employment contract.

In case of violation of the terms of payment of wages, the worker has the right to demand compensation for such non-compliance. Compensation, according to the Federal Law, is now made up for each day of delay in non-payment of wages 1/150 key rate Central Bank Russian Federation.

Protection of the rights of employees in court

Any worker has the right to protect his violated rights in the courts. Changes adopted in 2017 make adjustments to filing lawsuits in which bosses are defendants. During the year, the worker can apply for the protection of his violated interests, although previously only three months were provided for such protection of rights. Territorial jurisdiction has also been clarified. Now, if the main office of the enterprise is located in St. Petersburg, and the production of the enterprise is located in Rostov, then the employee has exclusive jurisdiction, he can file a claim in any of these cities. That is, the territorial jurisdiction for such claims extends at the location of the employer and directly at the location of the workplace.

The consideration of such disputes in court is not delayed, and decisions are quickly made on the collection of debts for monetary remuneration for work. In order not to lower the image of the enterprise, one should adhere to elementary rules legal framework and timely pay such monetary remuneration to employees.

Important information for the commanding staff is that the salary level must correspond to the value (the minimum monthly wage). It is established by the Federal Law of the Russian Federation. On the this moment the minimum monthly wage is seven and a half thousand rubles. Also, remember that in some regions this size is set individually and should be equal to it. In the event of such non-compliance with the law, the employer will be fined from 20,000 to 50,000 rubles.

Labor inspectorates are created to restrict subordinates from employers who violate their rights. Their activities are regulated by legal regulations Russian Federation, official regulations. As for innovations and inspections, changes are also being made here. The powers of such inspections have been increased in order to tighten measures of influence on employers who violate the legitimate rights of citizens.

Also, bosses should be aware that not only are fines increased for non-compliance with the legitimate interests of employees, but they also face disqualification from one to three years, which will negatively affect the reputation of the enterprise. Strictly comply with regulations to avoid such measures.

What should workers know? In case of violation of their legitimate rights and interests, one should not be silent, one should apply for the protection of their rights to the heads, commissions, judiciary. If non-compliance will occur and the employer will not bear responsibility for them, then we can safely say that these non-compliance will continue. To this end, the legislator has made changes to tighten the measures of responsibility of employers, and to increase measures to protect the rights and interests of employees of enterprises.

The Code of the Russian Federation regulates the payment of monetary remuneration for work, however, due to increased non-compliance, the legislator has introduced innovations. Such innovations in the legal system of the state encourage employers to pay wages on time. To avoid huge amounts of wage arrears, the legislator makes legal proposals to avoid non-observance of the rights of wage workers. In connection with the financial instability in the world, an increase in the level of unemployment, there are massive violations of the law. To avoid such situations, encouraging employers to pay employees on time is an acceptable and effective measure to reduce the level of violations of labor laws.

In 2016, Federal Law No. 272-FZ of June 3, 2016 was adopted. This normative legal act regulates the terms of payment of salaries in 2020. Recall that the changes came into force on October 3, 2016 and are valid to this day. Amendments were made to the current legislation, according to which salaries cannot be issued later than the 15th day of the month following the settlement month. The following important changes should also be highlighted:

increasing the degree of liability of the employer to the employee;
increased fines for violations of labor laws;
the amount of monetary compensation to an employee for non-compliance with the terms of payment of wages has been increased.

In our article today, we will talk about how to properly bring labor relations with employees in accordance with the changed legislation.

Terms of payment of salaries in 2020 according to the Labor Code of the Russian Federation

The terms of payment of salaries in 2020 are strictly regulated. In accordance with Art. 136 of the Labor Code of the Russian Federation, as before, wages will have to be paid at least once every two weeks. At the same time, the article now contains a clarification that the payment of salaries should occur no later than the 15th day of the next month.

Specific terms for paying salaries in 2020 should be indicated in labor and collective agreements, internal labor regulations.

Salary and advance

In accordance with the law, the interval between the issuance of advance payment and salary should be no more than fifteen days.

At the same time, the issuance of wages earlier than the deadline established by local regulations is not a violation.

Checking local regulations

The specific terms for the payment of wages in many enterprises are reflected in the Labor Regulations and in the Regulations on wages. The law on the terms of payment of salaries in 2020 does not prohibit this. However, by the time the law comes into force, the terms of payment must be brought into line with the requirements of this law.

In turn, the employer must familiarize employees with the changes made to local regulations against signature.

Verification of employment contracts

The situation is similar with labor and collective agreements. They should reflect the terms of payment of salaries in 2020. It is possible that their content already fully complies with the requirements of the new law. But it is possible that the contract allows the payment of wages later than the 15th of the next month, for example, on the 20th. It may also turn out that the gap between the payment of the advance payment and the payment of wages is more than 15 days.

According to the legislative changes under consideration, these are violations.

Notifying employees of changes

To make appropriate changes to the employment contract, it is necessary to send the employee a written notice of changes in the terms of the employment contract. The notice must list the changes to the contract, indicating specific reasons and grounds. In this case, the notification must contain new terms for the payment of wages under the Labor Code of the Russian Federation.

At the same time, in accordance with Part 2 of Art. 74 of the Labor Code of the Russian Federation, the notification must be sent to the employee no later than two months before the changes are made.

Additional agreement to the contract

In addition to editing the contract itself, it is necessary to conclude an addendum to it. agreement, which will also fix the new terms for the payment of wages.

Making changes to the contract and concluding a new additional agreement to it is enough to change the terms for paying wages. There is no need to issue an order to postpone the payment of salaries.

Liability for violation of deadlines

According to the current legislation, violation of the terms of payment of wages entails liability for the employer. The corresponding provision is contained in Art. 236 of the Labor Code of the Russian Federation. In accordance with the new law, liability will be increased.

Increasing the amount of compensation

Recall that the amount of compensation for delayed wages is calculated as a percentage of the amounts unpaid to the employee on time. Since October 3, 2016, the amount of compensation has been increased.

Until October 3, 2016, compensation was 1/300 of the Bank of Russia refinancing rate for each day of delay. From October 3, 2016, it is 1/150 of the Bank of Russia refinancing rate for each day of delay. In 2020, the refinancing rate is 7.75%.

Increase in administrative fines

Administrative fines for delayed wages have also changed since 10/3/2016, their values relevant for 2020. Their amounts, together with the amounts of fines in force until the entry into force of the new law, are shown in the following table:

Responsible person	Fines until 03.10.2016	Penalties in force in 2020
Enterprise manager	1000-5000 rub. or warning	10,000-20,000 rubles or warning
	1000-5000 rub.	1000-5000 rub.
Entity	30,000-50,000 rubles	30,000-50,000 rubles
Repeated payment delay
Enterprise manager	10,000-20,000 rubles or disqualification for 1-3 years	20,000-30,000 rubles or disqualification for 1-3 years
	10,000-20,000 rubles	10,000-30,000 rubles
Entity	50,000-70,000 rubles	50,000-100,000 rubles

It is also necessary to remember that the employer may be held administratively liable if the wages of employees are set at a level below the minimum wage. Recall that in 2019, the minimum wage, in accordance with federal law, was 11,280 rubles. The size of the minimum wage in 2020 has been increased and amounts to 12 130 rubles. At the same time, the size of the minimum wage in individual regions may differ from this figure.

Deadlines for going to court

Another important change will be an increase in the period during which an employee has the right to go to court in connection with non-payment of wages.

If earlier the employee was given only three months to file a lawsuit, now he will be able to start protecting his labor rights in court within a year from the date of the salary payment deadline.

The material was updated in accordance with the current legislation on 29.09.2019

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Late pay penalties.

Compensation for late pay.

New payroll dates for 2017

Advance payment and salary: new and fixed terms

Documentation changes

Penalties

Liability to employees

Extending Claims

Remember these numbers

Article comments

Article 136 of the Labor Code of the Russian Federation. Procedure, place and terms of payment of wages

Commentary on Article 136 of the Labor Code of the Russian Federation

Another commentary on Art. 136 of the Labor Code of the Russian Federation

New salary payment terms in 2016-2017

New terms of payment of salaries 2016 according to the Labor Code of the Russian Federation

Salary and advance

Checking local regulations

Verification of employment contracts

Notifying employees of changes

Payment of wages under the new rules

The procedure and terms of payment of wages

In order not to be mistaken with the terms of payment of salaries, two rules should be observed:

How to specify pay days

Changing payroll dates

Responsibility of the employer for non-compliance with the terms of payment of wages

Employee salary notice

Place of payment of wages

Terms of payment of wages

Payroll dates for 2017

Changes in the Labor Code of the Russian Federation

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Deadlines for different employees

How to issue to new employees

Where to reflect the terms of payment of salary

What part and when to pay

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Penalties for non-compliance with deadlines

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In order not to be mistaken with the terms of payment of salaries, two rules should be observed:

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Changing payroll dates

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Penalties for violating labor laws

Protection of the rights of employees in court

Terms of payment of salaries in 2020 according to the Labor Code of the Russian Federation

Salary and advance

Checking local regulations

Verification of employment contracts

Notifying employees of changes

Additional agreement to the contract

Liability for violation of deadlines

Increasing the amount of compensation

Increase in administrative fines

Deadlines for going to court

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