How to set an employee's salary. Salaries of military personnel in Russia

Among some employers, the practice of illegally changing the salary is common - simply by order of the director to make changes to the staffing table.

Typical situations:

management came to the conclusion that “bare” salaries were ineffective and decided to divide the outdated salaries into two parts: constant (about 50 percent of the former salary) and an earned bonus; the employee was hired on a probationary period, while during the probationary period he was given a small salary, and for the “post-trial” period - high, management increases the salaries of the best employees, etc.

The law requires...

In all cases, before changing the salary, you must carefully read Art. Art. 57, 72, 22, 132 of the Labor Code of the Russian Federation:

« Article 57. Contents of the employment contract

The following conditions are mandatory for inclusion in an employment contract:

terms of remuneration (including the size of the tariff rate or salary (official salary) of the employee, additional payments, allowances and incentive payments);

« Article 72. Changes in the terms of the employment contract determined by the parties

Changing the terms of the employment contract determined by the parties... is permitted only by agreement of the parties to the employment contract, except for the cases provided for by this Code. An agreement to change the terms of an employment contract determined by the parties is concluded in writing.”

« Article 22. Basic rights and obligations of the employer

The employer is obliged:

provide workers with equal pay for work of equal value..."

« Article 132. Remuneration for work

The salary of each employee depends on his qualifications, the complexity of the work performed, the quantity and quality of labor expended, and is not limited to a maximum amount.

Any kind of discrimination in establishing or changing wage conditions is prohibited.”

Only by the will of both parties

Thus, “the conditions of remuneration (including the size of the tariff rate or salary (official salary) of the employee, additional payments, allowances and incentive payments)" are mandatory conditions of the employment contract. The employer does not have the right to change them unilaterally (Article 72 of the Labor Code of the Russian Federation), and it is also unacceptable for management to arbitrarily divide a large salary into a small one and a bonus. The employer does not have the right to unilaterally increase the salary. If the employer wants to change the terms of payment for the employee, then he must invite the employee to sign an agreement to change the terms of the employment contract determined by the parties.

The value of labor

However, it should be borne in mind that if you write in such an agreement that the salary has simply decreased or simply increased to such and such an amount, it is not a fact that such an agreement will be legal.

When changing the salary amount, you must take into account the provisions of Art. 22 and Art. 132 Labor Code of the Russian Federation.

That is, for example, the cashier performed 10 job responsibilities specified in his employment contract and job description. For this he received a salary of 10 thousand rubles.

If you conclude an agreement with him that his salary will decrease and become 8 thousand rubles, then such an agreement cannot be considered legal. After all, it will violate Art. 22 of the Labor Code of the Russian Federation on equal pay for work of equal value. Look, the number of responsibilities has not changed, the same 10 responsibilities as before. This means that labor remains the same “value”, the worker’s qualifications have not changed (Article 132 of the Labor Code of the Russian Federation). Only previously the employee received 10 thousand for this work. rubles, and now it’s 8 thousand rubles for it. Those. Art. 22 is broken.

What should have been done to make it legal? It was necessary to write in the agreement to the contract that the number of the employee’s duties has decreased (the value, quantity and quality of work then decreases), therefore the salary is reduced. Or the scope of responsibilities has decreased and working hours have been set to incomplete.

If you increase the salary at the behest of good management (not because of inflation or improving the employee’s qualifications), then you should do the same. Write in the agreement to the contract that the employee has more responsibilities (the value, quantity and quality of work then increases), and the salary increases. If you simply increase the salary without increasing the scope of the employee’s duties, then the question will arise: were they not paid extra before, since they paid less for the same work? What if an employee goes to court or the State Labor Inspectorate with such a question? Employers don't need this, so you should show a little diligence in the little things.

Salary increase after testing

As for the employees who successfully passed the test, due to their success, they also cannot be given a salary increase just like that. After all, according to the employment contract and job description, the employee probably continues to perform the same amount of work of the same quality. If the parties wish, the experienced employee and the employer can sign an agreement to the employment contract stating that the employee is assigned several new responsibilities and his salary is increased. Some employers also use an option: for the duration of the test, the employee is hired part-time, and after successfully passing the test, by agreement of the parties, the employee begins to work full-time. Accordingly, the salary increases proportionally. In this case, the amount of labor increases.

Salary increase for selected

In some companies, salaries are increased for selected people because they are relatives of the director or employees of the workforce. At the same time, the following mistakes are often made. Two cashiers work in two cash registers of the company. They have the same responsibilities according to the employment contract and job description, the same working hours, the same job title according to the staffing table. That is, according to the documentation, they perform the same work. Therefore, it would be illegal to increase the salary of only one of them. Both need to be promoted at once. If there is a need to single out one of them, then it is worth adding or changing the list of his responsibilities in comparison with another employee and renaming the position (it is unacceptable for the same position to have different sets of responsibilities).

Do not forget to familiarize the employee with the signature of the changes made to the job description and reflect the reforms in the staffing table.

The salary amount must be indicated in the staffing table. When changing salaries, it is necessary to issue an order to amend the staffing table.

Part-time work is understood as the performance by an employee of another regular paid job under the terms of an employment contract in his free time from his main job (Part 1 of Article 282 of the Labor Code of the Russian Federation). When working part-time, the duration of working hours is legally limited. As a general rule, it should not exceed half of the monthly working time standard (working time standard for another accounting period) established for the corresponding category of workers (Part 1 of Article 284 of the Labor Code of the Russian Federation).

According to Part 2 of Art. 57 of the Labor Code of the Russian Federation, the condition on remuneration, including the size of the tariff rate or salary (official salary) of the employee, additional payments, allowances, incentive payments and the condition on working hours, if for a given employee it differs from the general rules in force with the employer, is mandatory included in the employment contract.

Remuneration for persons working part-time can be made (Part 1 of Article 285 of the Labor Code of the Russian Federation):

• in proportion to the time worked;
• depending on output;
• on other conditions specified in the employment contract.

In the situation under consideration, the parties chose the first option for remunerating the part-time worker.

Please note that when filling out the staffing table, the number of staff units for the relevant positions (professions), which provide for the maintenance of an incomplete staff unit, taking into account the characteristics of part-time work, is indicated in the appropriate shares, for example 0.25; 0.5; 0.75 and so on. However, the salary amount is indicated for a full staff unit, because the staffing table determines only the salary for the corresponding position, and not the salary of a specific employee.

Salary is a fixed amount of remuneration for the performance of labor duties of a certain complexity for a calendar month, excluding compensation, incentives and social payments (Part 4 of Article 129 of the Labor Code of the Russian Federation). In other words, the salary is paid to the employee for fulfilling the monthly working hours.

Therefore, if the position provides a salary of 10,000 rubles, and the employee is hired at “0.5 rate”, i.e. his working hours are half the norm, which means the part-time worker’s salary is 5,000 rubles. (RUB 10,000 / 2). It is this value that is fixed in the employment contract, which fully complies with the requirement of Part 1 of Art. 132 Labor Code of the Russian Federation. If, however, in the employment contract of a part-time worker, which is accepted at 0.5 rates, the salary value is determined to be 10,000 rubles, then it turns out that the parties agreed on exactly this amount of remuneration for the calendar month worked.

Please note that the employment contract must contain other conditions listed in Art. 57 of the Labor Code of the Russian Federation and subject to mandatory inclusion in the employment contract. However, the condition of the employment contract that the official salary is a certain amount before payment of personal income tax (NDFL) does not apply to these. At the same time, the specified additional terms of the employment contract themselves do not contradict the current legislation (see, for example, the appeal ruling of the Investigative Committee for civil cases of the Moscow City Court dated May 16, 2012 No. 11-5036/2012, the ruling of the Investigative Committee for civil cases of the Moscow City Court dated January 18, 2012 in case No. 33-1205, cassation ruling of the St. Petersburg City Court dated October 20, 2011 No. 33-15808/2011, appeal ruling of the Investigative Committee for civil cases of the Supreme Court of the Republic of Karelia dated November 5, 2013 in case No. 33-3581/ 2013).

Thus, when in the organization’s staffing table the number of staff units for a certain position is 0.5, and the salary according to the staffing table is 10,000 rubles, then, in our opinion, when hiring an employee on a part-time basis in the situation under consideration, the payment conditions labor in an employment contract may be as follows: “The employee’s remuneration consists of an official salary in the amount of 5,000 rubles. per month before withholding personal income tax in the amount and manner established by current legislation.”

In the employment contract of a part-time employee, the parties have the right to indicate the amount of salary for a full-time salary - 10,000 rubles. before withholding personal income tax, but with the proviso that the employee is paid in proportion to the time he works.

The wording of the salary in the employment contract of a part-time worker or an employee hired on a part-time basis (for example, at 0.5 times the rate) still causes serious controversy among personnel officers, lawyers, and accountants. Moreover, in fairness, I note that each side is right in its own way. Neither the labor inspectorate nor the courts can put an end to this peculiar dispute. In today’s material I will try to consider this issue in more detail from all sides.

An employee’s salary is a remuneration for work depending on the employee’s qualifications, complexity, quantity, quality and conditions of the work performed, includes both salary and incentives (bonuses, additional payments, allowances) and compensation payments (for overtime work, work in night time, for work with harmful and (or) dangerous and other special working conditions, for work in areas with special climatic conditions, etc.).

The monthly salary of an employee who has fully worked the standard working hours during this period and fulfilled labor standards (job duties) cannot be lower than the minimum wage (Article 133 of the Labor Code of the Russian Federation).

Salary is a fixed amount of remuneration for an employee for the performance of labor (official) duties of a certain complexity for a calendar month, excluding compensation, incentives and social payments (Part 4 of Article 129 of the Labor Code of the Russian Federation). Those. if the employee’s employment contract specifies a salary of 10,000 rubles, then this is the amount of money (minus 13% tax) that the employee should receive for a fully worked month, based on his work schedule and rest time. Most often, payment for a part-time worker or part-time employee is made in proportion to the time worked.

On the issue, what exact salary amount should be indicated in the part-time worker’s employment contract (full or proportional) Several positions stand out:

1. The employment contract specifies the full salary in accordance with the staffing table. It is also stated that the employee is paid in proportion to the time worked.

2. The employment contract specifies part of the salary based on the employee’s current rate. For example, if a part-time worker is hired at 0.5 rates, then half the salary is indicated.

3. As in the second case, the part-time employee’s employment contract specifies part of the salary based on the employee’s occupied rate. But with a note that this is 50% of such and such salary for a full-time position. This is like a middle option, eliminating any ambiguity. As they say, “the wolves are fed and the sheep are safe.”

In all cases, in addition to the terms of remuneration, the employment contract must also specify in detail the working hours and rest periods of a part-time worker or part-time employee. Let's look at each option in more detail.

Full salary for part-time worker
(according to the staffing table)

Is it possible for a part-time worker to get a full salary? Indication in the employment contract of a part-time worker or part-time employee the full salary according to the staffing table is an option that suits many specialists. They appeal to the fact that in the Labor Code of the Russian Federation, and especially in Part 2 of Art. 57 of the Labor Code of the Russian Federation, it is written about the full salary, not about part of it. An employee is hired for a position according to the staffing table, according to which a certain salary is established.

The terms of remuneration (including the amount of the tariff rate or salary (official salary) of the employee, additional payments, allowances and incentive payments) are mandatory for inclusion in the employment contract (Article 57 of the Labor Code of the Russian Federation).

In addition to the full salary, in the employment contract of a part-time worker or part-time employee, it is necessary to specify that the employee’s payment is made in proportion to the time worked, and indicate the working hours and rest time (!), because it will clearly differ from the general rules established by the employer (Article 57 of the Labor Code of the Russian Federation).

Example wording:

“For the performance of duties stipulated by the terms of this employment contract and the job description, the Employee is given a salary of 10,000 (ten thousand) rubles per month. The Employee’s remuneration is made in proportion to the time worked.”

This position is also supported by Rostrud, although it also supports the opposite point of view, namely the indication of half the salary, which will also be noted below.

Unfortunately, it is the indication of the full salary in the employment contract of a part-time worker that very often leads to litigation, although by and large, judicial practice goes in favor of the employer, but there are still decisions in favor of the employee.

In fact, court decisions depend not only on all the evidence that each party presents (Article 56 of the Code of Civil Procedure of the Russian Federation), but also on the internal conviction of the judge (Article 67 of the Code of Civil Procedure of the Russian Federation). Moreover, if one court recognizes arrears of wages based on the full salary specified in the employment contract, despite the fact that the employee is a part-time worker, then another judge independently makes a conclusion about the amount of the part-time worker’s salary in accordance with his nature and mode of work, even if the full salary was also specified in the employment contract.

In favor of the employer

Quite an interesting appeal ruling of the Khanty-Mansiysk Autonomous Okrug - Ugra dated December 8, 2015, by a judicial panel, which literally saved the employer from unfair collection of arrears of wages in favor of a part-time worker, based on the full-time salary for the position specified in the employment contract (the first instance made a decision that was positive for the employee). It is significant that the employee, and therefore the plaintiff, was a personnel manager who independently drew up her employment contract, as is usually the case.

At the court hearing, the Plaintiff insisted on satisfying the claims in full and indicated that the salary of 10,000 rubles was provided for in the employment contract concluded with her, and not in the staffing schedule, which could not change the terms of the employment contract agreed upon with her. She drew up the employment contract herself. The director of the LLC, before signing an employment contract with her, spent a long time familiarizing himself with the contents of the contract, therefore, he agreed with the conditions included in it. The employer did not require her to bring the employment contract into compliance with the staffing table.

In its response to the claim, the defendant LLC ... indicated that the full name drew up the employment contract for itself. As a result, the full name provided and the employment contract signed by the director did not correspond to the true will of the employer. According to the staffing table, the salary for a full staff unit (full standard working hours) for the position of “leading HR manager” is 10,000 rubles. Meanwhile, the plaintiff performed the duties of the leading HR manager on a part-time basis. With her employment of 0.3 full-time units, her salary was 3,000 rubles. On a part-time basis, perform work for a full-time position and receive a salary of 10,000 rubles. The plaintiff could not...

The duration of the daily work of the full name was 2.88 hours. The plaintiff was not involved in overtime work, therefore, there were no grounds for recording the plaintiff’s part-time working hours based on the full working time standard of 7.2 hours, as well as for paying her wages in the amount of 10,000 rubles. The conditions for remuneration specified by the plaintiff in the employment contract did not correspond to the conditions of employment and payment approved by the employer in the company’s staffing table. In the appeal, the defendant asks to cancel the court decision regarding the recovery of wages and compensation for moral damage, and to make a new decision in the case to refuse to satisfy the claim

Having checked the case materials and discussed the arguments of the appeals, the judicial panel did not agree with the conclusions of the trial court, since the court incorrectly determined the circumstances relevant to the case.

The official salary system is used for managers, specialists and employees, whose labor is paid not according to tariff rates, but according to established monthly official salaries.

Official monthly salary is the absolute amount of wages established in accordance with the position held.

The staffing table in all organizations, enterprises and institutions is filled out using a single unified form No. T-3. In column 5 “Tariff rate (salary)” of the staffing table, the monthly salary is indicated in ruble terms at the tariff rate (salary), depending on the remuneration system adopted by the organization in accordance with the current legislation of the Russian Federation, collective agreements, employment contracts, agreements and local acts of the organization (Instructions No. 1). In column 9 “Total per month” of the staffing table, an amount equal to the product of column 4 and column 5 is indicated, which determines the amount of the part-time worker’s earnings, taking into account working hours. Thus, in the employment contract the salary must be indicated in accordance with the staffing table, that is, in full.

The court of first instance erroneously considered that the salary specified in the employment contract was established for her for part-time work. Meanwhile, as stated above, salary is the amount of wages established for the full rate for the position held. According to the staffing table of the LLC... the salary of the leading HR manager is 10,000 rubles, the staffing level is 0.3.

The appellate court, in connection with the incorrect determination by the trial court of significant circumstances in the case, requested the plaintiff’s timesheets and a detailed calculation of the payments made, indicating the date of actual receipt of the accrued amounts by the employee. From these documents it follows that the Plaintiff was hired at 0.3 rate with an official salary of 10,000 rubles, and therefore her earnings should be calculated from the amount of 3,000 rubles.
In such circumstances, the decision of the court of first instance is subject to cancellation with the adoption of a new decision to refuse to satisfy the claims.

As you can see, in the text of the decision there is no reference to the terms of the employment contract regarding the payment of a part-time worker in proportion to the time worked (when indicating the full salary for a full-time unit). Taking into account that the employment contract was drawn up personally by the employee, this condition probably did not exist at all. Despite its absence, the court recognized the full salary clause in the part-time worker’s employment contract as relating to work for the entire working day, and not part of it. What can you say about the decision of the Noginsk City Court dated August 17, 2015?

In favor of the employee

So, Full Name was hired by the LLC as a part-time accountant with a salary of 10,000 rubles.

According to the representative of the defendant, the calculation of compensation for delayed payment of wages presented by the Plaintiff was drawn up incorrectly, since the plaintiff in the calculations was based on the size of the tariff rate (salary) for the position of an accountant in the amount of ... rubles, however, the Plaintiff was hired part-time, and by virtue of Art. . 284, 285 of the Labor Code of the Russian Federation, the duration of her working day should not exceed four hours a day, and remuneration should be made in proportion to the time worked. In fact, under normal conditions, remuneration for part-time work is half the tariff rate determined in the staffing table for his position for the main employee.

The court of first instance did not agree with these arguments. The objections of the defendant’s representative that ... rubles is a salary at the full rate, and the plaintiff, being a part-time employee, should have received 50% of ... rubles, the court considers unfounded, wages are an essential condition of the employment contract, evidence that after hiring the plaintiff to work, additional agreements were concluded with her that changed the terms of payment, the representative of the defendant was not presented to the court.

By virtue of Art. 285 of the Labor Code of the Russian Federation, remuneration for persons working part-time is made in proportion to the time worked, depending on output or on other conditions determined by the employment contract.

Thus, when working part-time, the terms of the contract may provide for a salary of more than 50 percent of the salary for the position held, since setting the employee’s wages falls within the exclusive powers of the employer, and therefore the court comes to the conclusion that the calculation of the defendant’s wage debt to the plaintiff the payment should be made on the basis that the salary established for the plaintiff is ... rubles per month.

The employer tried to appeal the court's decision in the appellate instance, but this also failed.

The panel of judges finds the argument of the defendant’s appeal about the court’s unlawful calculation of arrears of wages based on the plaintiff’s official salary in the amount of 10,000 rubles to be unfounded, since this argument is refuted by the copy of the order in the case ... on the plaintiff’s employment as an accountant on a part-time basis with a salary in the amount of 10,000 rubles, certified by the defendant in the prescribed manner. This argument of the defendant was carefully examined by the court; the court decision contains comprehensive conclusions on it, with which the panel of judges agrees. Based on the specified salary, the court calculated the arrears of wages when resolving a previous similar dispute between the parties for the previous period, while the court’s absentee decision dated ... 2013 was not challenged by the defendant.

To be fair, I note that this particular employee was lucky. Most likely, the role played not only by the fact that the employer for the first time did not challenge the decision of the absentee court on a similar dispute (which was the focus of the appeal), but also, apparently, by the absence in the order of employment and the employment contract of the wording “remuneration in proportion to time worked,” although there may have been one, it’s just that no one focused on it. Other plaintiffs were not so lucky.

In favor of the employer

In February 2015, the Basmanny District Court of Moscow rejected in full the plaintiff’s claims for the collection of arrears of wages, compensation for unused vacation, compensation for delayed payments, and compensation for moral damage.

In 2010, Full Name was hired by the LLC as a part-time office manager. In accordance with clause 1.4 of the specified employment contract, the employee has an 8-hour working week with a flexible start and end time of the working day. The employee has a five-day work week from Monday to Friday, with two days off (Saturday and Sunday). Working hours during the working week are at least 8 hours.

In accordance with amendments No. ... dated April 1, 2013 to the employment contract, full name, an official salary is established in the amount of ... kopecks before payment of personal income tax in proportion to the time worked.

Please note that the text of the decision notes that the additional agreement to the employee’s employment contract indicated the official salary with a note indicating proportionality to the time worked. Further in the text it is clear that the salary was indicated at the full rate.

The final decision was made by the court in its entirety, based on the submitted timesheets, payslips, payment orders, as well as the nature of the labor relationship between the employee and the employer, i.e. the nature of the combination.

According to the staffing table of the LLC as of April 1, 2013, the full-time salary of an office manager was 105,208 rubles 25 kopecks.

Meanwhile, during the consideration of the case, the representative of the LLC presented documents, including pay slips, payment orders and registers for them for the disputed period, from which it is clear that the plaintiff was accrued and paid wages based on the information available in the time sheet, for hours actually worked, and therefore there is no reason to believe that the defendant has arrears to the plaintiff for wages and compensation for unused vacation upon dismissal.

The court finds the plaintiff’s representative’s argument that the extracts from the time sheet submitted by the defendant are unacceptable evidence to be untenable, since time sheets and pay slips are not normative acts, but only record the employer’s activities in monitoring the performance of labor functions by employees and the performance they are responsible for paying remuneration for their work.

The defendant’s indication in amendments No. ... dated ... 2013 to the employment contract of the amount of the plaintiff’s official salary at the full rate ... is not a circumstance legally significant for the consideration of the dispute, since the labor relations that developed between the full name and the LLC were of a part-time nature, which was not disputed by the plaintiff in during the consideration of the case.

At the same time, the plaintiff, receiving monthly wages, did not make any claims regarding wages during the employment relationship against the employer.
The plaintiff’s demands for payment of her wages and compensation for unused vacation, based on her official salary in the amount of ..., that is, exceeding her actual contribution to the defendant’s activities, contradict the principles set out in Art. 129 of the Labor Code of the Russian Federation, in connection with which the court comes to the conclusion that the LLC has no debt to the Plaintiff...

The employee tried to appeal the court’s decision directly to the cassation instance, bypassing the appellate court, but naturally this did not work out for him, the case was returned back without consideration on the merits, and then it seemed to have stalled.

In favor of the employer

In favor of the employer, you can also see the appeal ruling of the Krasnoyarsk Regional Court dated August 3, 2015, which left the decision of the first instance court unchanged.

Only now the employee was hired as a clerk on a part-time basis for 4 hours a day (0.5 rate). The employment contract and the hiring order established a salary for a full day of work, as provided for in the staffing table. The court decision also does not contain information about the provision in the employment contract of proportionality to the time worked.

The employee considered that the full salary in the employment contract was established for working part-time, i.e. “half the rate”, with which the court did not agree. Based on the work time sheets, pay slips, and the plaintiff’s working hours, the court refused to satisfy the employee’s demands.

Conclusion:

As I already wrote, most court decisions on full salary in the employment contract of a part-time worker or part-time employee are mostly positive for employers, because courts pay attention not only to the nature of the employee’s work and working hours, but also to supporting documents (record sheets, pay slips, payment orders, etc.). Although there are still exceptions.

Apparently, the presence in the employment contract and in the hiring order of the condition on proportionality to the time worked does not matter, probably due to the fact that this is stated directly in the Labor Code of the Russian Federation (see 285, Article 93).

In principle, indicating the full salary according to the staffing table for an employee hired at 0.5 rate (or any other) has the right to life, but only with a greater likelihood of an individual labor dispute with the employee, this is worth remembering.

I would also like to note one more court decision; I left it for last, so to speak, for reflection.

In favor of the employee

The Omsk Regional Court, by appeal ruling dated July 9, 2014, decided in favor of the employee, citing the literal interpretation of the employment contract, which stated “the normal working time is 20 hours per week” when indicating the full salary for the position.

The employer insisted that the full salary was indicated in accordance with the staffing table, to which the court responded that the employee was not familiar with the staffing table, i.e. actually equated the ShR to local regulations, which should be familiarized to employees. The “counting error” of the employer who calculated and paid the employee’s wages for one and a half months based on the full salary for the position also played a role.

As follows from the case materials, an employment contract was concluded between the Plaintiff and the LLC.

According to clause 1.5 of the employment contract, the Plaintiff has a five-day working week, the duration of working hours is hours per week, the duration of daily work (shift) is an hour, the start and end time of work is - .

In his job application, the Plaintiff asked to be hired for the position ..., with a five-day work week, from hours to hours, without a lunch break. The above indicates that the parties to the employment contract have agreed on the duration of the employee’s working hours.

Section 1 “General Provisions” of the employment contract, which specifies the profession, position for which the employee is hired, his term, start of work, duration of working hours per week, hours in a working day, does not reflect that the salary for this position is a certain amount.

At the same time, in section 4 “Working conditions” (clause 4.1.) it is stated that for the fulfillment of the duties assigned to the employee by this employment contract, job description (work) instructions, local regulations of the employer, the employer is obliged to pay timely and in full employee salary rub. per month.

According to the provisions of Art. 431 of the Civil Code of the Russian Federation, when interpreting the terms of a contract, the court takes into account the literal meaning of the words and expressions contained in it. The literal meaning of a contract term, if it is unclear, is established by comparison with other terms and the meaning of the contract as a whole.

From the overall interpretation of the terms of the employment contract, it follows that the salary is RUB. established for monthly wages for an hour-long workweek with a shift duration of an hour per day.

The defendant’s reference to the order from the Plaintiff’s employment, which indicates the amount of the salary in rubles, cannot be taken into account, since from this order, which clearly indicates the Plaintiff’s work time, it does not clearly follow that his salary will be paid in the amount of the salary indicated above.

The defendant’s arguments that the contract specifies the salary in accordance with the organization’s staffing schedule (it names a salary of rubles per rate for the plaintiff’s position) are untenable, since the employee was not familiar with this staffing schedule.

The employee is hired for the position established in the employment contract, with the official salary established therein, and all doubts must be interpreted in favor of the employee.

Under such circumstances, having correctly established the factual circumstances relevant to the case, and having given them a proper legal assessment in accordance with the norms of substantive law, having checked the arguments of the parties, the court of first instance came to a reasonable conclusion about the recovery of arrears of wages in favor of the plaintiff, according to the literal interpretation terms of the employment contract.

In addition, as evidence of the conclusion of the contract on the terms named by the plaintiff, the court correctly took into account the fact that the calculation and payment by the defendant to the plaintiff of wages for and bonus for were carried out on the basis of a salary in the amount of rubles. The references in the LLC's complaint that the payment of wages to the plaintiff in and in, based on the amount of rubles, is a calculation error are not confirmed. There were no claims against the Plaintiff regarding overpaid amounts, thus, the plaintiff’s arguments about incomplete payment of wages were confirmed by the evidence presented during the consideration of the case, the assessment of which was given by the court according to the rules of Art. 67 of the Civil Procedure Code of the Russian Federation.

Therefore, be careful when drawing up an employment contract and do not allow any inaccuracies or mistakes, especially when it comes to part-time work. This solution is not the only one of its kind; reducing risks for the employer is the direct responsibility of the HR specialist.

An indication in the employment contract of a part-time worker or part-time employee of the real salary that he will receive per month based on his work schedule and rest time. Those. if the salary for a position is 10,000 rubles, then an employee hired at 0.5 rate is given a salary of 5,000 rubles, despite the fact that this is actually part of the salary. This way, the employee will initially know what salary he can expect for his work schedule, and he will not be misled.

Example wording:

“For the performance of duties stipulated by the terms of this employment contract and the job description, the Employee is given a salary of 5,000 (five thousand) rubles per month.”

You can also add, for example,

“For fulfilling the duties provided for by the terms of this employment contract and the job description, taking into account the nature and mode of operation“The employee’s salary is 5,000 (five thousand) rubles per month.”

Rostrud also supports this point of view (i.e. contradicts itself).

I did not find any judicial practice regarding the indication of half the salary in the employment contract of a part-time worker, instead of the full salary in accordance with the staffing table.

(with clarification)

An indication in the employment contract of a part-time worker or part-time employee of the real salary that he will receive per month based on his work schedule and rest time. But with a note that this salary is 0.5 rates (or 50%) of the full salary for the position. Those. this is like a middle option, eliminating any ambiguity.

Example wording:
“For the performance of duties stipulated by the terms of this employment contract and the job description, taking into account the nature and mode of work, the Employee is given a salary of 5,000 (five thousand) rubles per month, which is 0.5 times the salary of 10,000 (ten thousand) rubles per month. month".

You can add:

“For the performance of duties stipulated by the terms of this employment contract and the job description, taking into account the nature and mode of work, the Employee is given a salary of 5,000 (five thousand) rubles per month, which is 0.5 times the salary of 10,000 (ten thousand) rubles per month. month established by ... (job title) with a working time standard of 40 hours per week.”

Rostrud also supports this option.

I also did not find any judicial practice.

For my part, I would like to note that, in my opinion, it is better to indicate in the part-time worker’s employment contract the amount of salary that he will receive after working the required working hours. It is possible even with clarifications, as in the third option. This will not only eliminate any ambiguity in the provisions of the employment contract, but may also completely eliminate all possible misunderstandings in the future.

In fact, there is not and will not be a single position; even the State Transport Inspectorate cannot decide on this issue, let alone personnel specialists. Each personnel officer decides independently how to specify the salary amount in the employment contract for a part-time worker or a part-time employee, of course, after weighing all the pros and cons.

It can be said that in case of litigation, everything will depend on the evidence on both sides and the competence of the judge. The labor inspectorate does not have the right to issue an order in the event of an inspection, because resolving individual labor disputes (and that is the size of the salary) is not part of her job.

That's all. Until next time.

Wages in the public sector are an important socio-economic indicator, which in one way or another affects the size of salaries in commercial organizations. Therefore, many managers and employees often have a question: what is the proposed salary increase for public sector employees in 2019? After all, based on its size, you can index salaries in your company. Let's study this issue in more detail.

In 2018, the Government, executing the President’s “May decrees” on increasing wages for public sector employees (2019), approved the allocation of 14.5 billion rubles to finance an increase in wages for certain categories of employees of public sector institutions. Salary indexation is also planned for 2019. Let's see what these individual categories of workers are.

Who are civil servants and public sector employees?

First, you need to figure out who public sector employees are. Obviously, in everyday life this word “hides” all those people who receive salaries from the budget: officials, security officials, employees of government agencies, doctors, teachers, scientists. But combining all state employees into one large category will not be entirely correct. Indeed, from the point of view of legislation, they are divided into different categories:

• civil servants (persons working in government bodies, in government institutions);
• public sector workers (teachers, scientists, doctors, kindergarten teachers, employees of cultural institutions and university professors).

The difference lies not only in the name, but also in the approach to material support, subordination and social services. As usual, it is somewhat better for civil servants. And their salaries and bonuses are regulated by separate legislation. Since the salaries of officials and military personnel are subject to specific rules, we will dwell in more detail on what increase in salaries for public sector employees in 2019 was provided for the so-called “other categories” and what will be the increase in salaries for public sector employees in 2019 in Russia (latest news).

State employees: doctors, teachers and accountants

According to rough estimates, about 33 million people work in the public sector in Russia. Of all citizens of working age (approximately 83 million people), the share of state employees is more than a third. Of these, approximately half are those who cannot be called civil servants, namely employees:

• schools;
• kindergartens;
• secondary and higher educational institutions;
• medical institutions;
• libraries, museums and other cultural institutions;
• scientific institutes.

They all receive their salaries from the state budget of the Russian Federation: federal or local. Their working conditions are regulated by the Labor Code of the Russian Federation, as well as regulations developed by the department that manages the activities of the institution. For example, for doctors it is the Ministry of Health, and for cultural workers it is the Ministry of Culture.

It is noteworthy that although all of these legal acts (unlike law enforcement agencies) are open and publicly available, the level of salaries of employees of these structures is officially difficult to understand. After all, the remuneration system involves not only a salary, but also a whole layer of various bonuses, subsidies and bonuses. Therefore, for example, the salary of a leading accountant in a budget organization may be the same, but different employees in different industries will receive completely different amounts.

However, when it comes to average salaries, all additional payments are usually taken into account when calculating them. Thus, according to Rosstat, the average salary in the country was 41,830 rubles (data for the third quarter of 2018). Since the sample of statistics was made for all regions and cities, for small cities this figure turned out to be overestimated: in practice, doctors and teachers in small municipalities can receive only 12,000-15,000 rubles per month. In general, the picture of average salaries by sector of public sector workers and regions is presented in a table formed on the basis of Rosstat data on average salaries of public sector employees.

Salaries of public sector employees in 2019, table:

Salaries of public sector employees in 2019

Indexation of salaries for public sector employees is part of Vladimir Putin’s 2012 election program. The main document is Presidential Decree No. 597, sometimes called “presidential order 597: road map 01/01/2018”. Then, in May, immediately after taking office, the head of state issued 11 decrees that related to increasing the salaries of civil servants and other public sector employees. Then the President promised to increase salaries by 2019, primarily for teachers and doctors.

Salaries are increased primarily for those state employees who are subject to Presidential Decrees:

The salary increase is gradual. In the end:

• for university teachers and doctors (medical workers with higher education), the salary level should be at least 200% of the average salaries in the region;
• For middle and junior medical staff and social workers, the salary level should not be lower than the average salary in the region.

Unfortunately, not all categories of public sector employees were subject to the “May decrees.” It is obvious that there are quite a lot of those whose salaries have not been increased. Therefore, officials promised not to ignore them and also to index their salaries. Thus, in accordance with the draft law “On the federal budget for 2019 and for the planning period of 2020 and 2021,” it is planned to increase the salaries of public sector employees (see the table below for indexation amounts).

Increase in salaries of public sector employees from 01/01/2019

It should be noted that some public sector employees will have to increase their salaries regardless of indexation. After all, from January 1, it is planned to increase the minimum wage (increase in the minimum wage), which will affect the salaries of junior and mid-level personnel with secondary education. From January 1, 2019, the minimum wage is 11,280 rubles. This salary increase will affect approximately 1.6 million people in the public sector.

Regional decisions to increase salaries for public sector employees

Order of the Government of the Russian Federation dated December 28, 2012 No. 2599-r obliges the governments of the constituent entities of the Russian Federation to adopt orders on their regional “road maps”, which include specific figures for each year for salary increases. Thus, the road map of the Sverdlovsk region for increasing wages 2019 stated that the level of the average salary of social workers should be at least 100 percent of the average monthly salaries in the Sverdlovsk region. And to increase salaries for public sector employees in 2019 in the Krasnoyarsk Territory, the Government allocated an additional 2.9 billion rubles from the federal treasury, so that regional allowances and the northern coefficient could be taken into account.

At the end of the year, regional authorities traditionally prepare appropriate decisions regarding salary increases for the next year. For example, in the Lipetsk region, deputies decided to increase wages in 2019 for state employees who are not subject to the May decrees by 10%.

The minimum wage is a value established at the legislative level. It is used as a guide when calculating the minimum allowable wage, as well as some benefits. Can the salary be less than the minimum wage and under what conditions? In general, an employee’s monthly income should not be below this level. But, as always, there are many nuances.

Minimum wage and minimum wage of the subject

The minimum wage in 2017 is 7,800 rubles, and from next year it will increase to 9,489 rubles. From 2019, the minimum wage will be increased to the subsistence level. Now this equality is not respected, although the Labor Code directly states that this is unacceptable.

Regional authorities have the right, by special agreement, to introduce their own equivalent of the minimum wage. It is called MW - minimum wage. Its size cannot be lower than the minimum wage established by the federal government. It must be said that many regions use this right and set minimum wages at a higher level than the minimum wage. In 2017, the minimum wage in some regions significantly exceeds the federal minimum wage. Thus, in the Murmansk region the minimum wage is 18,750 rubles, in Kamchatka - 15,800 rubles, in St. Petersburg - 16,000 rubles, in Moscow - 17,561 rubles.

This legal provision theoretically gives employers the right to refuse to apply the regional minimum wage in favor of a lower federal minimum wage. This can be done within 30 days from the date of publication by the regional government of the agreement on the introduction of the minimum wage. However, this requires very compelling reasons that should be documented. The authorities, for their part, must understand the difficult economic situation of the employer and allow such a refusal. In practice, this is rarely used, and experts do not recommend saving on salaries in this way.

What does salary consist of?

Now let's look at what a salary is - this is necessary to understand whether it is possible to set a salary less than the minimum wage. The components of wages are:

• salary/tariff rate;
• compensation - various additional payments, including for difficult working conditions and climate, for night shifts and others;
• incentive payments - all kinds of bonuses, for example, at the end of the year, for length of service, and so on.

In addition, there are certain types of payments that are not considered wages. For example, this is compensation for vacation, for a business trip, for forced cessation of work, and others.

So can the salary be less than the minimum wage?

So, salary and salary are not always identical concepts. In general, salary is calculated using the formula: ZP = O + K + P, where O is salary or rate, K is compensation, P is bonuses and other payments in the form of incentives.

However, according to labor legislation, the level of payment for the employee’s monthly work, and not his rate or salary, should not be lower than the minimum wage (MSP). And if the salary consists of more than just salary, then setting the latter at a level below the “minimum wage” is not a violation. If the salary is less than the minimum wage, but there is a bonus and/or compensation, then this is acceptable. Of course, provided that the total amount reaches the minimum wage guaranteed by the state or region.

But if the salary consists of only one salary (rate), it cannot be lower than the minimum wage. But this is a general case, to which there are exceptions.

When the salary is less than the minimum wage

The Labor Code makes a reservation: it is unacceptable to pay an individual a salary below the minimum value if he conscientiously works his allotted time. In other words, if an employee works 5 days a week full time and performs his job duties, he must be paid at least the minimum amount.

Can the salary be less than the minimum wage for part-time work? Absolutely yes. Individuals who work a reduced schedule, such as a few days a week or 3-4 hours daily, may receive less than the minimum wage. At the same time, the proportions must be maintained, that is, for half the working time, the employee must receive at least half of the minimum wage in force in the region.

Is tax taken into account?

As you know, employee income is subject to personal income tax. The employer, who is a tax agent in relation to the hired persons, must withhold tax from payments and transfer them to the budget. The personal income tax rate for Russian residents is 13%. The question arises: should the minimum wage level be maintained before or after the deduction of personal income tax? In other words, is it possible to give an employee an amount per month that is less than the minimum wage for the amount of tax?

According to the law, an individual’s income tax is calculated on the amount of salary that the employer accrued to him. And even if the “minimum wage” is calculated, this does not exempt you from paying personal income tax. Therefore, the employee will receive an amount reduced by the amount of tax.

How not to make mistakes when calculating your salary

First of all, you need to check whether the region has established its own minimum wage level. If established, then the salary for a fully worked temporary norm should not be less than this value. In the absence of a regional “minimum wage,” the employee must receive at least the amount of the federal minimum wage.

Next, you need to determine whether the employee has fulfilled his labor standards in terms of volume of work and time. If he fulfilled it 100%, then his salary should be no less than the minimum wage (minimum wage). Otherwise, he is accrued a share of the minimum wage proportional to the time worked (work norm). For example, if the working time was 40% of the norm, then he needs to be paid at least 40% of the minimum wage or the regional minimum, if there is one.

The next step is to decide on the composition of the salary. Setting a rate or official salary less than the minimum wage is permissible only if the employee is entitled to some kind of compensation, bonuses and other payments that relate to wages. If you plan to pay a “net” salary, then it must at least correspond to the minimum wage (minimum wage).

Responsibility

Paying wages below the legal minimum is a violation of labor law. The employer faces administrative sanctions for this. An organization may pay a fine in the range of 30,000-50,000 rubles. Officials and entrepreneurs-employers will pay a fine of 1000-5000 rubles. However, for the first time, inspectors can get by with a warning.

If the violation is repeated, more severe penalties will be applied. Company officials may be disqualified for 1-3 years or punished with a fine in the range of 10,000-20,000 rubles. Individual entrepreneurs face a fine in the same amount, and legal entities - in the amount of 50,000-70,000 rubles.

conclusions

The minimum wage is established at the federal level - in the form of the minimum wage, and in some subjects and at the regional level - in the form of the minimum wage. If a region has its own “minimum wage,” then employers should be guided by it. It is worth considering that the salary must be no less than the minimum wage or minimum wage, excluding personal income tax. That is, the employee will receive an amount 13% less than the minimum salary.

As for whether the salary can be less than the minimum wage, it all depends on the composition of the salary. This is acceptable if, in addition to salary, it includes bonuses and/or compensation. But only on the condition that the total salary for a fully worked month, taking into account these additional payments, will not be less than the minimum value in force in the region.