When applying for a job, each person will find out their responsibilities and the amount of future remuneration for high-quality tasks. The form in which wages are paid is also an important issue, but not everyone is interested in the procedure for receiving money. When concluding labor contractual relations, the two parties undertake obligations. One - on time, in good faith to carry out the actions described in the proper instructions, the other - on time to pay the employee. They will have to answer for violations within the framework of the law.
Legislative innovations
You can find out in what form the payment of wages is made from personnel legislative standards, they are contained in the Labor Code of the Russian Federation. The code belongs to the documents that regulate the financial activities of the enterprise for settlements with hired personnel.
Employers should be aware of all changes in labor laws, timely adjust local acts. In 2018, innovations of recent years have been accompanied by regulations on the provision of salaries to employees of enterprises.
Federal Law No. 8, approved on February 5, 2018, made an amendment to the Labor Code of the Russian Federation; the Code amended Article 131 in the forms of payment. Under the new regulations, wages are paid in foreign currency and in rubles.
In addition to the domestic monetary equivalent, now you can use banknotes of any state. On March 7, 2018, the federal law approved currency operations by article 12.
For whom are new provisions developed?
Innovations of the law are limited by the conditions for their application. The problem concerns the question in what form to pay wages.
Workers sent by management to carry out tasks in another country may receive payment in the notes of that state. Diplomats, consular officers are paid for the work in the banknotes of the country in which they work.
Such accruals are carried out on a business trip, with their long stay outside the state. The rest of the staff performing duties in organizations located in Russia, regardless of their nationality, are given a salary in rubles.
News for Budget Employees
Federal Law No. 88, approved on May 1, 2017, entered into force. According to his requirements, starting in July 2018, the accountant of the municipal organization should transfer employees' earnings only to Mir cards. Since that time, wages are paid to public sector employees exclusively on the domestic payment system, while others have withdrawn from the turnover of municipal enterprises. Employees who do not wish to change their habits will receive income at the box office.
The new rules have not touched commercial companies; they can still transfer to VISA, Mastercard or obey the order of the Government, and draw up another settlement instrument.
In addition to the money earned, funds from the state budget will come to Mir, transfers:
- pensions;
- scholarships;
- allowances;
- sick leave.
New cards are issued well designed, easy to use. The state protected the population from expected losses by developing a new system for financial transactions if foreign payment mechanisms are blocked due to economic sanctions.
What has changed in overtime?
Employers should be aware of the form in which to pay wages for the amount spent on more than the required time. The law has made changes in this sphere of activity.
According to the new rules:
- The staff can be involved on holidays or weekends once, for which the employee will receive double payment for the entire period spent on production.
- Labor according to the usual schedule is considered processing when two hours are considered above the norm.
- When a specialist is on a leave of absence, and he is called up for service, each time period spent on the assignment must be paid at a double rate.
- Workers who have signed part-time contracts, or shortened days, should not work on a schedule with irregular hours.
We paid attention to the legislation and calculations with a preliminary form of payment, such financial transactions are commonly called advance payments.
What are the standards for a second salary?
In the usual manner, relations in the team developed differently, often the boss went to meet his employees, giving forward money that had not yet been earned.
Actions were taken to:
- to interest newly arrived specialists in further cooperation;
- guarantee employees a stable wage;
- help the worker out in a difficult material situation.
An advance was given against future income, and the calculator withheld it from the total amount when calculating money.
Now such a definition has left the vocabulary of accountants. The Labor Code of the Russian Federation states that the payment of wages is made by the employer twice a month. These are the usual settlement operations for the executed volume. Any deviation from regulatory acts is punishable by law.
Where are they fixed, and how is the calculation different?
For many enterprises, the conditions have not changed, if there is always a monthly income divided into 2 parts. Regulations confirm that the payment of wages should be made at a strictly defined time, recorded in the documents:
- where the rules are indicated, the schedule of the manufacturing enterprise is indicated;
- collective bargaining agreements;
- labor agreements.
The accrual mechanism between the two salaries is different, the first includes:
- night allowances;
- payment for combined posts;
- additional rewards for professionalism.
The main earnings included:
- premium;
- compensation for overtime.
The salary payment by the employer in both cases contains the current salary. Income tax and other deductions are deducted from the second part. The amount of transfers to the Federal Tax Service is determined from the total income.
In what sizes are the payments distributed?
The size of each part of the earned funds depends on the activities of the organization, the position held and the payment system.
When a citizen is entitled to a fixed salary, the amount of the first earnings will be 40%.
The accountant does not need cost overruns in case the employee decides to quit. With a time-based or piece-rate settlement system, the contractor accrues on a time-sheet, or on completed volumes, and takes the money earned as a basis.
What's new in the procedure?
Economists distribute and approve in local acts the days by which the money will be transferred to the settlement accounts of personnel. An order is issued from the head of the enterprise on how wage payments are made; regular employees are introduced to the established numbers.
These dates will be included in the production schedule in compliance with the rules:
- money transfers are carried out during working hours in case of questions to the accountant for settlement transactions;
- You can’t pay less than two times a month, more often you can;
- no more than 16 days should pass from one calculation to another;
- the terms are set in the collective agreement;
- the numbers say solid, it is unacceptable to set indefinite dates at intervals (for example, from the 22nd to the 25th).
A worker may suspend his activities if management does not give out wages for two weeks.
In what order do they stop working?
Employees take extreme measures in the event that all methods have been taken to receive the required remuneration. The law, in the event of unforeseen production situations, allows the heads of companies to delay payments with impunity for 7 days. If all the deadlines have elapsed, you can start a short strike.
The termination of the work cycle on the schedule of the enterprise must be completed, write a statement addressed to the boss with a reflection of the reasons. He must sign an impartial notice. After full settlement with the employer, the work process will resume.
It is forbidden to declare boycotts to the company:
- in case of martial law in the country;
- in the performance of duties in government agencies;
- employees of hazardous industries, on which the livelihoods of a settlement depend;
- liquidators of emergency, natural disasters, catastrophes;
- specialists from the Ministry of Emergencies, Ministry of Internal Affairs;
- rescuers.
In departments where employees of special forces, law enforcement agencies, firefighters, specialists of medical institutions work, the order and terms of payment of wages are usually followed with scrupulous accuracy.
What law governs the order?
Federal Law No. 272 and the Labor Code state that the dates of settlements with personnel are determined by the management of organizations.
The month is divided into an equal number of working days, reflected in local documents: on what date the first payment falls, the interval of 15 days is counted, the date of the second transfer is approved.
If there is a weekend or holiday, then the deadlines for the payment of wages are postponed, they are made in the numbers preceding the onset of time off. In order not to go against the legal orders, the head issues an order about changes in the organization’s order.
What is the responsibility of manufacturing services?
Any violation of the law shall be punished. Companies of state or private structures, controlled by the labor inspectorate, trade union, fiscal authorities. Delays in settlements with personnel are punishable by chain, it includes officials who are responsible for observing the routine at the enterprise.
This list may include:
- business leaders;
- staff workers;
- chief accountants;
- counters;
- timekeepers, accountants.
To one degree or another, these specialists depend on how wages are paid.
The higher the position, the greater the penalty, the company’s budget will also respond if it turns out that employees were not paid for their own enrichment.
Among the criminal elements, a tendency was noticed: to invest the entire team’s earnings in the bank, while employees suffered without money, the manager received dividends.
Legislators made adjustments to unlawful aspirations, those responsible for settlements with hired personnel should compensate for the damage for the entire unpaid period. The amount depends on the refinanced bank rate and salary.
When the employee himself asks to transfer the transfer of his income to another time, the boss can satisfy the request in the following order:
- a statement is submitted from the worker stating the reasons for the change in the payment schedule;
- the head signs the application;
- issues an order to change the terms.
In addition to fines, the amount of which is assigned by the fiscal or judicial authority, if violations are repeated, then officials are deprived of their status and rights to work in such places for the next three years.
Punishments can be conditionally distributed according to the degree of tightening of measures taken:
- Material. They pay the employee costs, and a fine to the state treasury.
- Administrative. Sanctions increase in size.
- Criminal They come with long delays, they are accompanied by imprisonment of up to 3 years.
Each employee has the right to file a complaint against an unscrupulous leader. Usually, when there are violations in the calculations, the authorities try not to bring the conflict to trial, resolve the issue as far as possible in a peaceful way, and pay off debts.