How exactly wages are paid to employees is described in some detail in the Labor Code (specifically: article 136). This question is replete with nuances of a binding nature. The employer is obliged not only to give money to his workers in the amount established by the contract, but to do it regularly, strictly following the procedure. Let's look at what article 136 (RF) says.
Summary
The document contains specific rules that are mandatory for the administration of the enterprise. By the way, their non-fulfillment threatens officials with measures of influence from the regulatory authorities. 136 article requires employers to inform workers about:
- amounts of basic and additional payments;
- withheld amounts with justification;
- total amount of accrued funds.
The listed data must be provided to people in shift form before they get access to the funds due. In addition, the text contains the conditions governing the place, timing and procedure for specific operations for the payment of earned money. It should be noted that the standards that are included in article 136 of the Labor Code are quite strict. We proceed to their more detailed study.
Settlement Leaflet
This is the name of a special approved document containing the necessary information. 136 article of the Labor Code provides that the administration must act openly, in accordance with the law. It is not allowed to conceal financial information about accounts from the employee in respect of whom operations are performed. The fact is that we are not only charged certain amounts of salary, bonuses, compensation, indexation and the like, in addition, withholding, for example, taxes is made. All this must be brought to the owner of the account. Operations are performed by an accountant. He may well be mistaken, show basic inattention. Article 136 is composed in such a way as to exclude the occurrence of protracted contentious issues. Misunderstanding, of course, happens. But the employee has the right to receive from the administration (read: accounting) a complete and detailed analysis of operations. The form of the payment sheet must be approved by an internal act. This issue details article 372 of the Code.
Place of salary
The legislation gives the right to the worker and the company to agree on where the calculation will be made. There are two main options:
- at the location of the administration;
- to a bank account.
The legislator clarifies that the parties can voluntarily determine other conditions for the transfer of earned funds. They should be indicated in the contract or special agreement. This item is implemented extremely rarely, only under certain conditions of work. For example, if a person is sent on a business trip to a country with which intergovernmental agreements on financial transactions are not concluded, or to the wilderness. Judge for yourself, is it possible in this case to implement article 136 of the Labor Code of the Russian Federation? Accountants regularly sent to the wild? Of course not. The parties agree on when and under what conditions payment will be made, as a rule, upon completion of the assignment, after the transfer of the research results.
Employee Responsibilities and Rights
What the administration is responsible for, we have sorted it out (at this moment). But the worker also has responsibilities. Namely: he must inform the company in writing about the details of his personal account. Without such paper, the accountant is not entitled to do the transfer. This is strictly controlled and is not an empty formality. If a person wants to change the bank, he informs the administration about it. It is necessary to write a statement, addressing it to the head or head of the financial department. This must be done no later than five days before the next payment. Otherwise, experts will not have time to process the document. As a rule, paper is written in the name of the chief accountant, so as not to generate unnecessary red tape. Such a statement does not concern anyone else.
Payment terms
The following condition, which our article describes, talks about when it is necessary to transfer money to an employee. It is recommended to divide it into two parts. In any case, the legislator obliges the administration to make payments with a regularity of half a month. We are used to calling these receipts: advance and salary. All the nuances of monetary relations are determined in a collective agreement. They are also prescribed in the rules of the internal labor schedule. Money is transferred, as a rule, personally to the worker. But there are conditions when they enter the account of another person. For example, when an employee suddenly dies. Specific situations are determined by special regulatory legal acts, they must also be included in the contract. In addition, the article refers to the term of vacation pay. The employee should be handed this amount no later than three days before the start of the holiday. Special conditions include a recommendation on the payment procedure if the tony falls on the weekend. The amount in this case should be at the disposal of the worker on the working day preceding the free day.
Article 136 of the Labor Code with commentary
The year 2016 did not bring any changes regarding the legislation in question. Experts, commenting on it, indicate that the provisions of the article are strictly binding. Unscrupulous employers try to avoid the need to make payments regularly. This is permitted only when enshrined in the terms of a contract or other bilateral document. That is, the parties must agree to other conditions that suit both. For violation of the provisions of the article a penalty is prescribed - a fine. The employee should be aware that the enforcement of labor legislation is monitored by government agencies. If the administration behaves in bad faith, does not pay on time, then you must feel free to contact the appropriate authority. The inspector will check all the documents and make a decision. But before you complain, you need to check the papers that govern the procedure for payments at the enterprise. You may not have read or forgotten something. Check the contents of the employment contract, internal regulations and other papers. You can find them with a personnel officer or lawyer. They are not confidential and should be provided to you for review both when applying for a job, or at other times.