New moot: how employers raise wages without raising them. Does the increase in the minimum wage affect the salaries of state employees? Increase in the "budget"

28.08.2019

In the process of setting the level of wages of employees, the employer is guided by certain indicators.

One of these is the minimum wage - the minimum wage.

The question is logical: how will the change in the minimum wage affect the amount of workers' earnings, is it necessary to increase wages with an increase in the minimum wage?

How does the minimum wage affect wages?

The very decoding of the abbreviation for the minimum wage speaks for itself. With the help of this indicator, the value of the salary is regulated. This is evidenced by the Federal Law No. 82.

In addition, the Constitution of the Russian Federation determines:

the procedure for determining the size of the minimum guaranteed amount of wages;
the employer's obligation to pay employees a monthly remuneration, the amount of which should not be lower than the minimum wage.

From this we can conclude that the minimum wage is an indicator that directly affects the level of wages of working citizens.

At the same time, special attention should be paid to the spheres of activity, the financing of which is carried out from the state budget.

If an officially employed employee receives for fulfilling his job responsibilities a salary that is less than the minimum wage, he has the right to apply for the protection of his rights to higher authorities in order to increase his earnings.

These can be the court, the Labor Inspectorate, the prosecutor's office, etc.

For violation of the established rules and refusal to increase salaries to the level of the minimum wage, the management of the company may be held liable. The amount of the fine in each case is determined individually.

Will the salary increase due to the increase in the minimum wage in 2019?

The increase in the size of the minimum wage should be reflected in the level of wages.

From January 1, 2019, a new minimum wage has been established. The minimum level rises to 11,280 rubles.

How will such an increase affect the level of salaries, who will have a salary increase after the minimum wage increase?

After the introduction of the changes, all employed citizens working on an official basis must receive a monthly salary, which cannot be less than the specified figure.

It is important to consider - a fixed salary or a fixed tariff rate may be lower than the minimum wage. The total amount of the employee's income is taken into account. It includes various bonus payments and allowances.

Moreover, the total accrued amount before tax is subject to comparison, taking into account the fact that the employee has worked full time and working week.

That is, with an increase in the minimum wage, an increase in wages is carried out if its size, when charged for a full month, is below the current minimum value.

Monthly wages may be lower than the minimum in the following cases:

A full month has not been worked out - for example, there were sick leaves, vacations, business trips, absenteeism and absence for other reasons.
After taxation - after withholding 13%, the salary may be lower than the minimum wage, this is normal, so you need to compare earnings before taxes.

With some nuances, the size of the salary of employees who work simultaneously in several companies at once, as well as citizens whose working day can be considered incomplete, is determined.

In such circumstances, the amount they receive at the end of the billing period may be less than the minimum wage. The minimum wage in this case is determined by the percentage of hours worked during the month with the established standard of working time.

When working at half the rate, an employee from January 1, 2019 must receive a salary of at least 5640 rubles. If, after changing the minimum wage, this indicator has not been achieved, the employer is obliged to increase the salary, the size of the tariff rate, or increase the amount of additional payments.

Thus, with an increase in the minimum wage, it is necessary to increase the wages of those employees whose amount of accrual for a full month is lower than the minimum wage.

Who's income will change?

When the size of the minimum wage is changed, the salary of only some employees rises.

Particular attention is paid to citizens whose income after innovations does not reach the minimum level.

V mandatory the employer must increase the income of an employee who carries out his professional activity full-time to the norm.

If this requirement is violated, the company's management may be held administratively liable.

The minimum wage can be increased several times a year. Employers must closely monitor changes in this indicator and promptly increase the level of income of workers. This is the only way to avoid problems with the law.

On legal grounds Citizens working part-time and part-time employees can receive salaries below the minimum wage.

Their minimum income is determined by a share ratio, which is calculated individually in each case.

How to formalize changes in wages if the minimum wage has increased?

The procedure for registering an increase in an employee's salary in connection with an increase in the minimum wage is regulated by the current norms of the Labor Code of the Russian Federation.

Earlier it was already indicated that there are several ways to change the salary:

change in salary;
a change in the amount or number of allowances.

In each case, the employer must issue an appropriate one.

Sample order

The order form contains information of the following nature:

Company name;
the title of the paper - on the increase in wages;
place and date of publication;
justification for the creation - "in connection with the increase in the minimum wage", the date from which the changes are valid;
the main part - it contains information about employees whose salary will be increased.

The position and initials of the citizen are noted:

Full name of the specialist responsible for the execution of the order;
date of entry into force of the document;
Full name and signature of the CEO;
Full name, positions and signatures of responsible persons - the chief accountant and an employee of the personnel department;
Name and position of the employee, whose salary increase is regulated by this order;
the date of entry into force of the order.

Download a sample order to increase earnings in connection with the increase in the minimum wage -

Example of an additional agreement

Based on the completed document, adjustments are made to staffing table... In addition, it is concluded between the employer and the employee, which acts as an annex to the main contract concluded when a citizen is accepted for a position.

The additional agreement contains the following information:

With his signature, the employee also confirms the fact that he received the document, read and agrees with the information reflected in the agreement.

Current Russian legislation ensures compliance labor guarantees citizens of the Russian Federation and foreigners working in Russia. The standard of living of people directly depends on the economy of the state. And the economic situation in the country is determined by a number of indicators, one of which is the minimum wage. Let's consider what this parameter is and why it is needed.

Concept and characteristics

The minimum wage (minimum wage) is the amount of earnings, the smallest value of which is determined at the legislative level. Employers have no right to pay their subordinates a monthly salary less than the minimum wage. The only exception can be combined or part-time work.

Citizen's Right to Pay labor activity not lower than the "minimum wage" is guaranteed by the Labor Code of the Russian Federation. The size of the minimum wage is annually indexed and regulated by the provisions of No. 82-FZ dated 19.06.2000. The main value of this document is to determine the scope of the minimum wage. But the regulation of this aspect is not limited to one law.

The size of the minimum wage is also regulated by the following legal acts.

Art. 129 of the Labor Code of the Russian Federation - guarantees an additional payment up to the amount of the minimum wage, even if the subordinate is not entitled to a bonus for the month;
Art. 133 of the Labor Code of the Russian Federation - it states that the minimum wage cannot be lower than the subsistence minimum;
Art. 133.1 of the Labor Code of the Russian Federation, which establishes the minimum amount of earnings for the regions;
By the Decree of the Constitutional Court of the Russian Federation of December 7, 2017, according to which the bosses are obliged to pay their subordinates the "minimum wage" plus the RK - regional coefficients, and not the minimum wage with RK in one composition;
Federal Law No. 421 of December 28, 2017 and Federal Law No. 41 of March 7, 2018 - these laws establish the amount of the minimum wage for the current year and the rules for changing the indicator in the future.

Based on the listed documents, the minimum wage includes salary, compensatory and bonus payments. The amount of a fixed part of earnings or other remuneration for work depends on the professionalism of the employee. Also, when setting wages, working conditions and the number of tasks performed are taken into account.

For heavy working conditions and irregular working hours, the management of companies is obliged to pay extra to employees.

How is it different from the living wage?

The main difference between the minimum wage is that this indicator determines the minimum amount of wages. Whereas the size of the smallest living threshold is the cost of the minimum goods and products needed by a person for the functioning of the body. That is, this is the amount that you can live on for a month - taking into account the payment of various contributions. There is a minimum threshold for living for an able-bodied citizen, child and pensioner.

In theory, the size of the minimum wage and the subsistence level should always coincide. But in practice, they managed to equalize only since May 2018. Previously, the lowest value of earnings was below the minimum amount that a person needs per month to purchase food and goods. Since May 1 of this year, the national minimum wage in Russia corresponds to the level of the subsistence minimum for able-bodied residents of the Russian Federation for the second quarter of the past year.

By whom and why is it installed?

The minimum wage is needed to control and adjust the salary level, to determine the amount of social benefits, tax rates, the amount of penalties and other payments. This indicator affects the payment of sick leave, payments for pregnancy and childbirth and other purposes of compulsory social insurance. According to the Ministry of Finance of the Russian Federation, the increase in the size of the "minimum wage" affects the payments of about 4 million working people in the country. And for another 12 million people, the minimum wage directly affects the procedure for calculating salaries with benefits.

The value of the minimum wage is set at the state level and for each separately taken region.

The total figure is initially proposed by the government of the Russian Federation, after which the State Duma issues a law. Then it is approved by the Federation Council and signed by the Head of State. For the regions, a special agreement is drawn up, which is concluded for a period of 3 years.

Specificity at the federal and regional levels

The issue of establishing the size of the "minimum wage" throughout the country is decided at the top. In accordance with Federal Law No. 41, the minimum wage from May 1, 2018 is tied to the lowest living threshold and amounts to 11,163 rubles. Compared to the beginning of this year, the minimum wage increased by 1,674 rubles.

Due to economic peculiarities, the constituent entities of the Russian Federation have the right to set their own minimum wages. But it should not be lower than the national one. For example, in Moscow and St. Petersburg the minimum wage is higher than the national average. And in the northern regions to the general level of the "minimum wage" premiums are charged with coefficients. Until May of this year, in about three dozen subjects, the minimum wage differed from the federal parameter. But after May rise their number has decreased significantly.

How in 2018 the regional minimum wage differs from a single parameter

The regional minimum wage is irrelevant for citizens working in budgetary institutions... This is due to the fact that they receive a salary from federal budget... To avoid a sharp increase in costs from the regional treasury, many constituent entities of the Russian Federation establish an all-Russian level for all budgetary enterprises.

The procedure for concluding a regional agreement on minimum wages

Since the economic situation in the regions of the Russian Federation is different, local authorities have the right to establish a minimum wage that is different from the federal "minimum wage". For this purpose, a tripartite agreement is signed, the parties to which are:

local government;
amalgamation of trade unions;
union of employers.

Accordingly, the regional agreement on minimum wages is a document developed by a tripartite commission based on the labor and social level in the region. Any employer can join it: the official publication is made for all employers. The agreement becomes binding on those who have entered into it.

To conclude an agreement with the regional authorities, you need to wait until the moment of making a decision on the minimum amount of earnings. The conclusion is made by the regional administration together with the trade union association. It is published on the information portal of local authorities, in regional media.

After that, employers have 30 days to opt out of joining the regional agreement. If you do not submit an application for refusal to the district administration within this period, the terms of the program will be accepted automatically. It is important that the disagreement is motivated, and each reason is supported by extracts from the balance sheet and other documentation.

As for the structure of the regional minimum wage agreement, it consists of 4 blocks: the subject of agreement, the validity of the agreement, obligations and responsibilities of the parties. The text of the document contains the following information:

the category of workers for which the minimum is established;
Minimum wage for the region;
the date from which the new indicator will become effective;
conditions for joining the agreement;
the procedure for monitoring the execution of the order;
obligations of government, employers and trade unions;
date of the agreement;
Name and signatures of the parties.

The trilateral agreement sets the minimum wage higher than the national one. Therefore, even in the case of writing a refusal to join the agreement, it is difficult to achieve the application of a single parameter in a subject with a higher "minimum wage". On the basis of this agreement, wages are regulated.

If a person fully fulfills the allotted time, his earnings cannot be lower than the amount established in the region.

Since May 1, 2018, the minimum wage has increased to 11,163 rubles and equaled the cost of living. Now wage employees cannot be less than this amount. And what is in practice?

Increase in the "budget"

According to statistics, about 1.6 million employees budgetary sphere received wages below the subsistence level.

Government Decree No. 440-r of March 16, 2018 allocated 20 billion rubles to provide subsidies to the budgets of the constituent entities of the Russian Federation to compensate for additional costs of increasing wages of public sector employees in connection with the increase in the minimum wage from May 1.

In addition, by Order No. 780-r dated April 27, 2018, an allocation of 16.3 billion rubles is allocated from the Government's reserve fund to provide subsidies to the budgets of the constituent entities of the Russian Federation for partial compensation of additional costs for the payment of regional salary coefficients and percentage allowances established for federal level and to increase the salaries of public sector employees in connection with the increase in the minimum wage.

“Never before in Russian Federation there was no such growth in salaries of certain categories in the public sector, ”said the head of the Ministry of Labor Maxim Topilin.

Promotion in "commerce"

Commercial firms must independently find funds to bring the salaries of their employees to the federal minimum wage. Note that employers from some regions will not have to fuss over the new federal minimum wage. They need to focus on the regional "minimum wage", which is higher than the federal one.

For example, in Moscow the minimum wage is 18,742 rubles, in the Moscow region - 13,750, in St. Petersburg - 17,000, in the Leningrad region - 11,400 rubles. In addition, the regional minimum wage is higher than the all-Russian minimum wage in such regions as the Tula Region, Magadan Region, and Kamchatka Territory.

Let us remind you that in the northern regions the “minimum wage” should be increased by the regional coefficient.

Those employers who paid employees less than the minimum wage before May 1 should review payments and amend labor contracts.

As shown by the preliminary results, which is held on our website, 30% of employers have promoted. By the way, the majority (45%) paid their employees more than 11,163 rubles anyway.

Non-rise in "commerce"

Meanwhile, 25% of the employers we surveyed went the other way. They raised wages without raising them.

As you know, according to Art. 133 of the Labor Code to pay not less than the minimum wage should be those employees who have fully worked the standard of working hours. If an employee works part-time work time, then his salary is paid proportionally.

For example, until May 1, 2018, employee Ivanov was paid a salary in the amount of the minimum wage in the amount of 9489 rubles.
From May 1, with an 8-hour working day on a standard five-day week, his salary cannot be lower than 11,163 rubles. However, the employer, simultaneously with the increase in salary to the new minimum wage, transfers the employee to part-time, formally observing the norms of the Labor Code.
9489/11163 * 8 = 6.8 hours or 0.85 rates.
Thus, if you reduce the employee's working day by 1 hour, making it 7-hour, then you can pay Ivanov not 11163, but 9767.63 (11163/8 * 7).

Note that the reasons for such a change in working hours at the initiative of the employer are limited by the provisions of Art. 74 TC.

However, the employee himself can take the initiative. If employees suddenly decide to switch to part-time work from May 2018, having stated this in writing, the employer has the right to satisfy their request.

What threatens employers

For the payment of wages below the minimum wage, those who have worked the monthly quota are entitled to a fine.

Fines in this case are spelled out in Part 6 of Art. 5.27 of the Administrative Code and are:

for legal entities - from 30 to 50 thousand rubles;
on officials- from 10 to 20 thousand rubles;
for individual entrepreneurs - from 1 to 5 thousand rubles.

It should be noted that recently, the regulatory authorities have been paying a lot of attention to work on the legalization of salaries. Under the leadership of the Ministry of Labor, in each constituent entity of the Russian Federation, interdepartmental commissions have been created to coordinate activities and monitor the situation to reduce informal employment, legalize "gray" wages and increase the collection of insurance premiums

In addition, for example, for labor inspectors, data on employers who assess contributions from salaries calculated below the minimum wage.

FIU citizens provide information about employers who offer to receive part of the salary "in an envelope".

Tax officers for a number of signs of a firm with gray salaries. For example, their attention will be sharpened if they notice that an employee at a new place of work has a lower salary than at the previous one (according to 2-NDFL certificates), that is, he changed jobs on less favorable terms.

To date, the federal minimum wage (hereinafter the minimum wage) has changed in 85 regions of our country. From January 1, 2020, each region has established its own minimum wage.

Whatis the minimum wage?

In accordance with article 133 Labor Code RF The minimum wage is valid throughout the country and cannot be less than the subsistence minimum, so it turns out that the employee's wages cannot be less than the minimum wage.

The minimum wage not only regulates wages and salaries, but also, for example, affects the payment of insurance premiums.

An employee cannot be assigned a wage less than the minimum wage if he has worked out the monthly norm and fully fulfilled his labor duties, according to article 133 of the Labor Code of the Russian Federation.

The minimum wage is regulated and established by the Federal Law of the Russian Federation of December 28, 2017, 421-FZ. According to which today the minimum wage in the Russian Federation has increased by 20% and now amounts to 9 489 rubles.

Each subject has the right to establish its own regional minimum wage. For example, the minimum in 2020 in Moscow is 18,742 rubles, in Vladimir 9489 rubles, in the city of Orel 10,500 rubles.

Detailed data on other subjects of our country can be found in the provided table (in the attached file)

Now we will try to answer the questions that arise from citizens who have learned about the change in the size of the minimum wage on January 1, 2020.

Will the increase in the minimum wage affect the salary?

Salary, in addition to salary, includes compensation and incentive payments (Article 129 of the Labor Code of the Russian Federation). Therefore, the salary does not always have to be higher than the minimum wage, but if the minimum wage is set by the regions, then the salary must be paid not lower than the regional minimum wage.

Will the increase in the minimum wage affect the size of the pension?

To understand this, you need to find out what kind of pensions are. There are several types of pensions in the Russian Federation today:

Insurance pension (FZ 28.12.2013 No. 400-FZ), which includes an old-age pension, a disability pension, due to the loss of a breadwinner, seniority, and a social pension.
State pension (Federal Law of 15.12.2001 No. 166-FZ).

The amount of any pension depends on certain factors, for example, such as the individual pension coefficient, the cost of this coefficient at the time of granting the pension, and others.

The minimum wage does not significantly affect the size of the pension, but the effect is revealed when assigning a pension, when the indicator of average monthly earnings is taken into account.

The minimum pension level is limited by the minimum subsistence level and cannot be lower than it.

Will the increase in the minimum wage affect the amount of benefits?

In Russia today, benefits for temporary disability, unemployment and child benefits are paid. When calculating certain benefits, data on average monthly earnings are used. In the event that the average monthly wage is less than the minimum wage, the payment is paid based on the minimum wage. The calculation from the minimum wage also occurs if the employee had no income at all in the billing period.

Will the increase in the minimum wage affect the amount of fines?

Offenses of a different nature in Russia are often punished with a fine. Its value depends on various factors, including the minimum wage.

Currently, all fines can be divided into criminal (imposed in accordance with the Criminal Code of the Russian Federation, and a fine as a punishment is used in 40% of articles of this official document) and administrative fines (imposed in accordance with the Code of Administrative Offenses). But with all this, a fine, as a punishment, is used relatively rarely, in about 10% of cases per year throughout the country. Penal fines are applied only for minor and moderate offenses.

In most cases, judges, when imposing a penalty in the form of a fine, are guided by the minimum wage, and then the fine is imposed in any amount of the minimum wage

Will the increase in the minimum wage affect taxes?

An increase in the minimum wage on the territory of any subject entails an increase in tax collection. The higher the minimum wage, the more deductions go to the budgetary and extra-budgetary funds. In a crisis, the government lowers the cost of living and increases the minimum wage. The first is necessary to reduce payments to citizens, the second to increase taxes. Thus, both of these measures are needed to stabilize the budget.

Do not forget that an increase in the minimum wage can negatively affect the work of a small business, since individual entrepreneurs calculate and pay fixed payments based on the size of the minimum wage.

Will the minimum wage affect the employment rate of the population?

It cannot be said that an increase in the minimum wage provokes an increase in unemployment, but at the same time, the judgment that an increase in the minimum wage leads to a decrease in the number of unemployed citizens in all regions of the country will also be considered incorrect.

Based on the information listed above, we can conclude that an increase in the minimum wage affects the life of the population both positively and negatively. But I would like to believe that these changes are necessary to improve the policy and budget of our country. And soon it will contribute to changing the life of the population of our country only for the better.