Every working person in our state has the right to receive the salary that the latter needs in order to live worthily and provide for his family. Art. 136 of the Labor Code of the Russian Federation talks about the procedure and timing of payment of remuneration for labor. In addition, this provision of the law states that when transferring salaries, the employer must notify each employee of all deductions made from income and the total amount of earnings. As a rule, before receiving their remuneration, all subordinates receive settlement sheets. More details about all this will be written in the article.
the main thing
Almost all citizens of our country go to work in order to receive a certain amount of money to ensure normal living conditions. Nowadays, people who work only for the sake of the fact that they are just interested in doing what they love are very rare. Therefore, the legislator protects the rights of workers and obliges the heads of enterprises and institutions to pay their employees remuneration for their performance. Information on the timing and place of payment of wages contains art. 136 of the Labor Code of the Russian Federation, which also states that a sum of money should be issued to a subordinate twice a month. Otherwise, it will be a violation of the law.
What you need to know
Subject to the provisions of Art. 136 of the Labor Code of the Russian Federation, the head of the enterprise, when transferring remuneration for labor to employees, must notify the latter of the following operations with their income:
- on salary components for a certain period (advance payment and final payment);
- the amount of deductions made from income and the basis for such actions;
- information on all payments (upon dismissal, delayed salary and vacation, sick leave);
- about the total amount of all income accruals.
Documentary notice
As a rule, before the company transfers the salary to employees, they are given a pay slip in their hands, which contains full information about income for the worked period of time. These actions are carried out by the accounting department of the enterprise. The form of payroll must be approved by the employer. Moreover, the latter necessarily takes into account the opinion of the representative body of employees. This rule is enshrined in Art. 136 Labor Code of the Russian Federation.
A place
Currently, each employee of an organization receives a salary on a card issued by a credit institution. Personally, remuneration for work is rarely handed over to employees. Therefore, before entering work, a citizen is invited to write a statement in which it is necessary to note the details for transferring salaries. This is more convenient for the leader and subordinates.
In the event that the employee decided to change the details of the organization written earlier for transferring the salary, he must express his request to the head in writing no later than five days from the date of payment of remuneration for labor. This rule is enshrined in part 3 of article 136 Labor Code of the Russian Federation.
Important
Sometimes employees of the organization may receive remuneration for labor activity not only in cash, but also with products, things, and any materials. So, such rules for paying salaries are determined only by a service agreement or a collective agreement.
Nuances
Salary is always paid to a citizen who works in the organization. In some cases, prescribed in a service agreement or prescribed by law, remuneration for labor may be transferred by other means to other persons. For example, if a citizen works in an organization by the sentence of a judicial authority, then his earnings are transferred to the state’s income and to pay fines.
In addition, do not forget that from the income of a person who is a parent, but does not live with the child, child support is retained in percentage terms or in a fixed amount. If the head of the organization does not follow the timely transfer of funds according to executive documents, then troubles from the law can expect him.
Payment Procedure
Part 6 of the Art. 136 of the Labor Code of the Russian Federation indicates that salaries should be paid to employees at least twice a month. The specific date for the transfer of income is established by an official agreement, or by local acts of the institution. But, the salary should not be issued to employees later than fifteen calendar days from the date of completion of the period for which it is accrued. This procedure is established by Part 6 of Art. 136 Labor Code of the Russian Federation.
If not on time
What threatens the head of the institution in the event that he did not transfer remuneration for labor to employees within the time period set for this? This question is of interest to almost all employees who have encountered a delay in the payment of salaries for unexplained reasons. In this case, it is clear that on the part of the employer this will be a violation of Art. 136 Labor Code of the Russian Federation. For this, he can be brought to administrative and even criminal punishment.
Therefore, if all employees are interested in receiving their money on time and in full, it is necessary to contact the prosecutor's office, the court and the labor inspectorate. Indeed, some business leaders begin to comply with the requirements of the law only after the authorities impose on the company the obligation to pay a large fine.
Day off payment
If the deadline for transferring wages falls on a weekend, then the accounting department is obliged to issue the due funds to employees the day before. Otherwise, it will be a violation of the law and an occasion for subordinates to contact the competent authorities.
For vacation
Cash must be transferred to the employee three days before the start of his vacation. But, despite this, many enterprise managers are reluctant to comply with labor law requirements. Most workers receive vacation pay only at the end of their vacation or during the new working period. In this case, it is necessary to write a complaint to the labor inspectorate and to the prosecutor's office.
A comment
According to the law, a person carrying out activities under a labor agreement must receive a certain monetary reward for this, the amount of which is prescribed in his contract. The head of the enterprise, in turn, must create comfortable working conditions and timely and fully pay earnings to his subordinates.
An employee of the organization almost always receives his remuneration for work in the place where he carries out official activities. This confirms the norm of Art. 136 Labor Code of the Russian Federation. It is impossible not to disagree with the comments on it. Also, salary payments can be made by transferring funds to the account of a credit institution. In modern society, almost all organizations enter into agreements with banks. The latter serve the enterprise, and transfer funds to cards and other accounts of employees of this institution.
Unofficially
Many private firms are reluctant to hire people on a job contract. Therefore, the latter are forced to work informally. At the same time, citizens can’t even know for sure whether they will receive their income for the worked period of time, because the Labor Code provides guarantees only to those who work on official work. Therefore, if the head of the organization does not voluntarily pay such an employee remuneration for the work done, then the latter is unlikely to be able to prove his case when contacting the competent authorities.
What changed?
Not so long ago, amendments were made to Art. 136 Labor Code of the Russian Federation. The new edition of this article states that wages should be issued to employees for each half of the month. At the same time, the terms for transferring remuneration for labor are set by the organization independently. The main thing is that a person receives the final part of his salary before the 15th day of the month for the worked time period.
Value
The current law clearly and clearly regulates the procedure, timing and place of issue of remuneration for labor to employees. In the event that this rule were not available in the law, it would be impossible for the head of the organization to be held accountable for violation of the Labor Code, and employees would not receive a salary during the period set for this. In addition, the current rules duly protect the rights of citizens who work in enterprises and institutions of our state. Most Russian citizens already know that before going on vacation, they must receive their money three days before it begins.