A working person often has to deal with the concept of "minimum wage." This word sounds from screens, from radios, is found in print media and on the Internet. This article will examine what the minimum wage and salary are. What is the difference between them, and how they interact with each other.
Terminology
Finding out what the minimum wages are, let us turn to open sources. Under this definition, understand the minimum wage. The specified deduction is made by the employer to the staff. Until September 1, 2007, the minimum wage was equal to the monthly salary of an employee who does not have special qualifications, but who has worked out the established rate of working time while providing the employer with appropriate working conditions. The structure of this payment did not include such components: social, compensation and incentive contributions. When paying wages, a prerequisite was to be observed. It consisted in the fact that the base salaries, tariff rates used in the process of calculating the monthly salary, special rates used in calculating the payment of non-standard types of work, could not be lower than the minimum wage. Subsequently, due to changes in domestic legislation, the main of which were reflected in the Federal Law No. 54 of 04/20/2007, this condition was excluded from the Labor Code.
The impact of "minimum wage" on base rates
Speaking about what the minimum wages are, a number of important points contained in the legislation should be mentioned. According to the Labor Code of the Russian Federation, the monthly wage of an employee, subject to the established labor standards and time, must not be lower than the minimum wage (Labor Code of the Russian Federation, part 3, article 133). Moreover, Art. 1331, introduced by Federal Law No. 54. It allows the constituent entities of the Russian Federation to independently establish in their territory the minimum amount of deductions for labor. However, the minimum wage adopted in this order will not extend to employees employed in the federal civil service. Here, in general, what is the minimum wage. 2014 began with an increase in the minimum wage. Since January 1, the size of the labor payment amounted to 5554 rubles.
How is the minimum set?
Consider what is 1 minimum wage and how it is approved. The establishment of a minimum wage value in a particular subject of the Russian Federation for each organization is divided into several stages.
- At the first stage, an agreement of regional significance is developed on the minimum maximum allowable amount of deductions for wages in the subject. After that, the regional commission (tripartite) on the regulation of social labor relations carries out the development and conclusion of an agreement. What are minimum wages in subjects? First of all, the minimum amount of employee benefits should correspond to socio-economic conditions and the volume of the consumer basket for a particular region. In this case, it is important to take into account the provisions prescribed in the Labor Code of the Russian Federation. According to the norms, the minimum wage of the region should not be lower than that established at the federal level.
- At the second stage, an authorized representative of the government of the constituent entity of the Russian Federation receives a proposal for all employers to join the developed and signed agreement.
Without fail, the original text of the contract and the proposal is subject to publication in public sources. The federal executive body, on the basis of part 7 of article 1333 of the LC, also receives a notification. When considering this proposal, employers are guided by the minimum wage in this subject of the Russian Federation. From the moment of joining the agreement, in the case of a positive response to the proposal and its adoption, a single tariff is set for the region for deductions to employees in accordance with the signed documents. Having found out what the minimum wages are, we will dwell in more detail on some conditions of the agreement.
Automatically join a published agreement
Employers who carry out their activities on the territory of the subject may, within 30 days from the date of publication of the official proposal, not provide a reasoned refusal to the authorized executive body of their subject. In this case, they are considered to have officially acceded to this agreement. After which the terms of the contract are subject to mandatory execution by them.
Refusal to join the published agreement
The employer may express reluctance to join the agreement. In this case, the following must be attached to the written refusal:
- protocol on the results of the consultation between the employer and representatives of the trade union organization;
- proposals within the framework of time limits aimed at increasing the salary of staff to the level provided for by the specified agreement.
In this case, the head of the authorized body of the constituent entity of the Russian Federation has the right to invite the employer (or his representatives) together with members of the trade union organization for consultations. According to Part 9 of Art. 1331 of the Labor Code of the Russian Federation, both parties are required to participate in these consultations.