Employment contract salary and bonus sample. Hourly wages. Contract time

Yes, you have the right.

Components of wages can be:

- remuneration for work. For employers who apply hourly wages, it is usually set in the form of a salary (a fixed amount of remuneration for a calendar month, excluding compensation, incentive and social payments) or a wage rate (a fixed hourly or daily amount of remuneration for fulfilling the labor norm per hour or day, respectively, excluding compensation, incentive and social payments),

- compensation payments (for example, additional payments and allowances for harmful working conditions, work in special climatic conditions, for overtime and night work, etc.),

- incentive payments (bonuses, premiums for seniority, for academic degree etc.).

The amount of specific components of wages (for example, salary and bonuses) is set for a specific employer by collective agreements, agreements, regulations on remuneration (other similar documents of the employer) in accordance with labor legislation and taking into account the opinion of trade unions or other representative bodies of workers (if any ). The conditions of remuneration established in these documents are specified in labor contracts with employees.

If the employer does not have a collective agreement, agreement, labor remuneration clause (other similar documents), then the components of wages and their size are established only in labor contracts.

At the same time, with regard to the procedure for paying bonuses, the above documents of the employer and (or) the employment contract must determine the types of bonuses, their size (or the procedure for determining it), the frequency and timing of their payment, the criteria for bonuses (for what and under what conditions the bonus is paid) , grounds for deprivation or reduction of the amount of premiums. If the employee fulfills the bonus criteria, the employer is obliged to pay the bonus.

Legal justification

Article 135 of the Labor Code of the Russian Federation establishes that the wages of an employee are established by an employment contract in accordance with the wage systems in force for the given employer.

Remuneration systems, including the size of wage rates, salaries (official salaries), additional payments and allowances of a compensatory nature, including for work in conditions deviating from normal, incentive bonus systems and bonuses, and bonus systems, are established by collective agreements, regulatory acts in accordance with labor legislation and other regulatory legal acts containing labor law norms.

Local regulations establishing wage systems are adopted by the employer taking into account the opinion of the representative body of employees.

The terms of remuneration determined by the employment contract cannot be worsened in comparison with those established by the labor legislation and other regulatory legal acts containing labor law norms, collective agreements, agreements, local regulations.

The terms of remuneration determined by the collective bargaining agreement, agreements, local regulations cannot be worsened in comparison with those established by labor legislation and other regulatory legal acts containing labor law norms.

Section 129 Labor Code The Russian Federation defines that wages (employee remuneration) are remuneration for labor depending on the employee's qualifications, complexity, quantity, quality and conditions of the work performed, as well as compensation payments (additional payments and allowances of a compensatory nature, including for work in conditions deviating from normal, work in special climatic conditions and in areas exposed to radioactive contamination, and other compensatory payments) and incentive payments (additional payments and incentive payments, bonuses and other incentive payments).

Tariff rate - a fixed amount of remuneration of an employee for fulfilling a labor standard of a certain complexity (qualification) per unit of time, excluding compensation, incentive and social payments.

Salary (official salary) - a fixed amount of remuneration of an employee for the performance of labor (official) duties of a certain complexity for a calendar month, excluding compensation, incentive and social payments.

About different salaries in the same positions

If both employees have the same qualifications, occupy the same position, perform the same amount of similar work and equal conditions its implementation, the establishment of different salaries is illegal.

At the same time, compensation and incentive payments (allowances, additional payments, bonuses, etc.) may differ depending on the conditions and results of work, as well as the existence of grounds for these payments, provided for by the provisions on remuneration of the organization.

For example, workers may be recruited in different ways to work at night, on weekends, and on non-working hours. holidays going to work overtime. Accordingly, the amount compensation payments for such work will differ. They may have different bonuses for seniority (if any at the enterprise). Also, employees can receive different bonuses if the results of their work in terms of quantity and quality differ.

Legal justification

The employer is obliged to provide employees with equal pay for work of equal value (clause 5 of part 2 of article 22 of the Labor Code of the Russian Federation).

The salary of each employee depends on his qualifications, the complexity of the work performed, the quantity and quality of labor expended and is not limited to the maximum amount, except for the cases provided for by the Labor Code of the Russian Federation (Part 1 of Article 132 of the Labor Code of the Russian Federation).

Article 129 of the Labor Code of the Russian Federation determines that wages (remuneration of an employee) are remuneration for labor depending on the qualifications of the employee, the complexity, quantity, quality and conditions of the work performed, as well as compensation payments (additional payments and allowances of a compensatory nature, including for work in conditions deviating from normal, work in special climatic conditions and in territories exposed to radioactive contamination, and other compensatory payments) and incentive payments (additional payments and incentive payments, bonuses and other incentive payments).

About salary in envelopes

The salary (salary or wage rate) must be indicated in the employment contract in full. Otherwise, firstly, there may be non-payment of wages by the employer in full, and secondly, infringement of the rights of employees associated with compulsory social insurance (a decrease in the amount of payments for temporary disability, in case of accidents at work, an underestimation of the basis for calculation of the future pension, etc.) and, finally, the underestimation of the amounts of mandatory contributions and taxes paid by the employee and the employer to the budget and state extra-budgetary funds (Pension Fund of the Russian Federation, Fund social insurance RF, Mandatory Health Insurance Fund of the RF).

With regard to compensation payments (payment of night, overtime work etc.) and incentive payments (bonuses, etc.), which are also part of salaries, then their types and size can be determined both in the employment contract and in the provision on remuneration (another similar document) or collective agreement. If compensation and incentive payments are not defined directly in the employment contract, then it must contain a reference to the document defining these payments (regulation on remuneration, collective agreement, other document).

If the amount of the salary is not indicated in the employment contract in full, the employee has the right to appeal to the employer with the requirement to accept an additional agreement to the employment contract, in which the amount of the salary is set in full. If the employer refuses to sign an additional agreement, the employee has the right to apply to the court demanding the employer's obligation to sign such an agreement.

Legal justification

According to part 2 of Article 57 of the Labor Code of the Russian Federation, the conditions of remuneration (including the size of the wage rate or salary (official salary) of the employee, additional payments, allowances and incentive payments) are mandatory for inclusion in an employment contract.

Part 1, article 67 of the Labor Code of the Russian Federation determines that an employment contract is concluded in writing, drawn up in two copies, each of which is signed by the parties.

According to article 135 of the Labor Code of the Russian Federation, the salary of an employee is established by an employment contract in accordance with the labor remuneration systems in force for this employer.

According to Art. 352 of the Labor Code of the Russian Federation, everyone has the right to defend their labor rights and freedom in all ways not prohibited by law.

An employee has the right to go to court for resolution of an individual labor dispute (Article 392 of the Labor Code of the Russian Federation).

Labor disputes are considered by district (city) courts at the location of the employer (Article 28 of the Code of Civil Procedure of the Russian Federation).

A claim against an organization arising from the activities of its branch or representative office can also be brought to court at the location of its branch or representative office (part 2 of article 29 of the Code of Civil Procedure of the Russian Federation).

Reduction of wages

The system of remuneration (piece-rate, time-based, salary, tariff, etc.), the amount of remuneration, its components (remuneration for labor, compensation payments, bonuses and other incentive payments) are an essential condition of the employment contract concluded between the employee and the employer. ...

The employer has the right to change the terms of the employment contract, including wages, in the event that the previous working conditions cannot be maintained due to changes in the organizational or technological working conditions. In other cases, changing the terms of the employment contract, including salaries, is possible only by agreement of the parties, expressed in writing.

Among organizational changes can be, for example, referred to:

- changes in the management structure of the organization;

- the introduction of certain forms of labor organization (brigade, rental, contract, etc.).

Technological changes in working conditions include, for example:

- introduction of new production technologies;

- introduction of new machines, machine tools, units, mechanisms;

- improvement of workplaces;

- development of new types of products;

- introduction of new or changes in technical regulations.

The above lists are open source and are of an estimate nature.

Decline in sales and deterioration financial situation organizations cannot be the reasons allowing the employer to unilaterally change the size of the salary.

If in the organization there really were changes in the organizational or technological working conditions, then the employer, when intending to change the terms of the employment contract in terms of wages, is obliged to notify the employees in writing no later than two months in advance. In the written notification, the employer is obliged to indicate the reasons that caused the change in the terms of the contract in terms of wages.

If the employee does not agree to a change in salary, then the employer is obliged to offer him another (vacant) position or job in writing. If the employer does not have such a position or work, or the employee refuses such a position (work), then the employment contract with the employee must be terminated in accordance with paragraph 7 of part one of Article 77 of the Labor Code of the Russian Federation with the payment of severance pay to the employee in the amount of two-week average earnings.

If the above conditions and the procedure for changing the terms of the employment contract in terms of wages by your employer is not complied with, and you think that your rights have been violated, you can apply for the protection of your rights in territorial body Rostrud - the state labor inspectorate (including through this resource), as well as to the court.

Legal justification

According to Part 1 of Art. 135 of the Labor Code of the Russian Federation, the salary of an employee is established by an employment contract in accordance with the labor remuneration systems in force for this employer.

In accordance with Art. 72 of the Labor Code of the Russian Federation, changes in the terms of the employment contract determined by the parties are allowed only by agreement of the parties to the employment contract, which is concluded in writing.

In the event that, for reasons related to changes in the organizational or technological conditions of work (changes in technology and production technology, structural reorganization of production, other reasons), the terms of the employment contract determined by the parties cannot be saved, they may be changed at the initiative of the employer, with the exception of changes labor function employee (part 1 of article 74 of the Labor Code of the Russian Federation).

The employer is obliged to notify the employee in writing no later than two months in advance of the upcoming changes in the terms of the employment contract determined by the parties, as well as the reasons that caused the need for such changes, unless otherwise provided (part 2 of article 74 of the Labor Code of the Russian Federation).

If the employee does not agree to work under the new conditions, then the employer is obliged to offer him in writing another job available to the employer (as vacant post or work corresponding to the qualifications of the employee, and a vacant lower position or lower-paid work), which the employee can perform, taking into account his state of health. At the same time, the employer is obliged to offer the employee all vacancies that meet the specified requirements that he has in the area. The employer is obliged to offer vacancies in other localities if this is provided for by the collective agreement, agreements, labor contract (part 3 of article 74 of the Labor Code of the Russian Federation).

Without said work or the refusal of the employee from the proposed job, the employment contract is terminated in accordance with clause 7 of part one of article 77 of the Labor Code of the Russian Federation (part 4 of article 74 of the Labor Code of the Russian Federation).

In accordance with para. 7 h. 3 tbsp. 178 of the Labor Code of the Russian Federation, severance pay in the amount of two-week average earnings is paid to an employee upon termination of an employment contract due to the employee's refusal to continue working in connection with a change in the terms of the employment contract determined by the parties (clause 7 of part one of Article 77 of the Labor Code of the Russian Federation).

About the size of the advance

No. When speaking about the timing of payment of wages, the Labor Code does not apply the concept of “advance payment”. In accordance with the Labor Code of the Russian Federation, wages are paid at least every half month on the day established by the rules of the internal labor schedule, collective agreement, labor agreement.

At the same time, the concept of "wages" includes remuneration for labor (that is, payment for actually worked hours or for the amount of work performed), compensation payments (for example, payment for overtime and night work, for work on weekends, etc.), bonuses and other incentive payments.

Thus, each payment of wages must be made by the employer taking into account the time actually worked by the employee (with time wages) or the amount of work performed (with piecework wages) due for the paid period of compensation payments.

As for incentive payments (bonuses, etc.), the frequency of their payment is determined based on the grounds and criteria for these payments (for example, if the bonuses are monthly or quarterly, then it is impossible to pay them twice a month).

Legal justification:

According to part 1 of Article 129 of the Labor Code of the Russian Federation, wages (remuneration of an employee) are remuneration for labor depending on the qualifications of the employee, the complexity, quantity, quality and conditions of the work performed, as well as compensation payments (additional payments and allowances of a compensatory nature, including for work in conditions deviating from normal, work in special climatic conditions and in territories exposed to radioactive contamination, and other compensatory payments) and incentive payments (additional payments and incentive payments, bonuses and other incentive payments).

About the frequency of salary payments

No, in accordance with the Labor Code of the Russian Federation, wages are paid at least every half month on the day established by the internal labor regulations, collective agreement, labor agreement.

Legal justification:

According to part 6 of article 136 of the Labor Code of the Russian Federation, wages are paid at least every half month. The specific date of payment of wages is established by internal labor regulations, a collective agreement or an employment contract no later than 15 calendar days from the end of the period for which it was charged.

Article 236 of the Labor Code of the Russian Federation establishes that if the employer violates the established deadline for the payment of wages, the employer is obliged to pay it with interest ( monetary compensation) in the amount of not less than one hundred and fiftieth of the key rate in force at that time The central bank Russian Federation from the amounts unpaid on time for each day of delay starting from the next day after the due date for payment up to and including the day of actual settlement. The amount of monetary compensation paid to an employee can be increased by a collective agreement, local regulation or employment contract. The obligation to pay the specified monetary compensation arises regardless of whether the employer is at fault.

Part 2 of Art. 57 of the Labor Code of the Russian Federation stipulates that the labor contract must necessarily indicate the conditions of remuneration (including the size of the wage rate or salary (official salary) of the employee, additional payments, allowances and incentive payments).

This means that such conditions of remuneration as the size of the wage rate or salary, additional payments, allowances and incentive payments must be fixed in the text of the employment contract.

It is necessary to indicate a specific wage rate or official salary in the employment contract.

Some employers formulate a wage clause in workers' employment contracts by referring to staffing table, for example: "The salary is set for the employee according to the staffing table"

However, this practice cannot be recognized as legal, since the employee, when entering into an employment contract, must clearly understand the amount of remuneration he will receive, i.e. in the employment contract, it is necessary to indicate a specific salary (tariff rate).

At the same time, the law does not require specifying a specific amount of additional payments, allowances and incentive payments in the employment contract. So, as a general rule, it is enough to list in the employment contract the types of such additional payments, allowances and incentive payments (if they are established at all), as well as make references to the provisions of the legislation, collective agreement, agreement or local normative act that determine the amount and procedure for their payment ... Moreover, the employee in mandatory must be familiar with the specified documents.

Internal labor regulations, other local regulations directly related to labor activity employee, the employee must be familiarized with the collective agreement upon receipt of employment (prior to signing the employment contract)

However, despite the fact that in Part 2 of Art. 57 of the Labor Code of the Russian Federation, the requirement to indicate in the employment contract the amount of payments refers only to the salary or the tariff rate, it is necessary to describe in the employment contract in as much detail as possible all types of remuneration (allowances, additional payments, incentive payments, which are of a permanent nature), indicating, if possible, their amounts.

Formulate the terms of remuneration in the employment contract in as much detail as possible, indicating, if possible, the size of not only the salary or tariff rate, but also other payments established for the employee

As for incentive payments, they are often not permanent - they may or may not be paid, vary in size. It is quite difficult to fix the amount of such payments in advance in an employment contract. Therefore, in the employment contract, a reference is most often made to the relevant local regulatory act of the employer, which establishes the procedure and amount of incentive payments, for example, to the Regulations on Bonuses. Such a link will not be an error.

The Labor Code also includes conditions on the place, method and timing of payment of wages to the terms of remuneration.

However, there is no requirement in the law that the listed conditions must be necessarily fixed directly in the employment contract. Articles 131 and 136 of the Labor Code of the Russian Federation allow the possibility of regulating these issues in a collective agreement or in the Internal Labor Regulations (for example, determining the days of payment of wages).

Piecework wages in an employment contract (sample)

If the employer asks you to develop (download) a sample employment contract with piecework payment labor, then one should not think that this is something special. For the employer, the use of this type of remuneration is an effective way to increase the employee's performance and achieve a larger volume of manufactured products for the billing period.

Labor contract: types of remuneration

The current labor legislation provides the employer with the right to independently choose and establish what type of remuneration he will use when setting a salary for an employee. He has similar rights in terms of establishing the amount of remuneration.

It is important to understand here that this right may be limited if the employer abuses his rights and, when establishing working conditions, worsens the position of his employees in comparison with the established labor legislation (for example, the employee's wages will be lower than the established minimum wage).

Among the main and often used in practice types of remuneration, the following can be distinguished:

• piecework (the amount of wages depends on prices and the amount of products produced per month);
• time-based (a salary is set for the employee, the amount of which does not depend on the production rate and the number of days in a month);
• commission (the employee receives a set percentage (commission) for the goods (work, services) sold).

The types of remuneration can be mixed among themselves, and can also be subdivided into subspecies depending on the specific working conditions of the employer.

The salary of an employee in accordance with one or another type of remuneration established for a specific category of employees must be prescribed in the employee's employment contract, since it is essential condition(Articles 57, 135 of the Labor Code of the Russian Federation).

Labor contract with piecework wages

When developing a sample of an employment contract with piecework wages, it is necessary to pay attention to the following points:

• setting prices per unit.

In practice, the employer's rates are approved by an order establishing at the enterprise rates for a manufactured unit of production (another operation or work, service) or in another local act;

• peculiarities of remuneration for labor on holidays, including payment of additional remuneration to an employee.

Such an obligation for the employer arises if non-working holidays fall in the billing month. The parties fix the procedure and amount of the additional payment either directly in the employment contract, or the employer approves a local act, with which the employee must be familiarized in writing when hiring. Additional remuneration is part of the remuneration. These provisions are established in part 3 of article 112 of the Labor Code of the Russian Federation.

If the employer provides for workers on piecework wages shift work work, including night shifts, the employer is not obliged to pay additional remuneration for the employee's work on holidays. In this case, the employer is obliged to pay for work at night and on public holidays.

Sample employment contract with piecework wages

When employing a new employee, the parties must sign an employment contract between themselves. This is the main document that governs the relationship between the employee and the employer.

The same validity conditions apply to an employment contract as to other civil contracts. That is, it must contain essential and additional conditions.

Essential are those conditions without which the contract loses its validity. These include wages and salaries. The remuneration for the work performed must be specified in the employment contract. Remuneration for work is the salary of a specific employee. It depends on several factors:

• qualifications;
• educational level;
• work experience in this position.

That is, two employees holding the same position can receive different wages. But the salary received cannot be lower than the level set for federal level- minimum wage. From 01.05.2018, the minimum wage is equal to the subsistence minimum.

Salary in an employment contract

Salary is required condition for the validity of the employment contract. Many employers make the following mistakes when drawing up a standard contract with an employee:

• do not indicate a specific salary in the "body" of the contract. For example, it is prescribed as follows: "salary, according to the staffing table." This is not true! An agreement containing such conditions can be declared invalid in a judicial proceeding. It is necessary to indicate a specific numerical value - 25,000 rubles (twenty-five thousand rubles). Be sure to first in numbers, and then in words;
• incorrect indication of the payment of bonuses, bonuses, allowances and other things;
• omission of the fact of advance payment. According to the Labor Code of the Russian Federation, wages must be paid 2 times a month every fortnight. Specific dates for the advance payment and salary can be spelled out either in the employment contract or in local regulations. You cannot make payments once a month, even if the employee himself asks about it in writing;
• incorrect designation of wages. It also happens that the employer pays part of the salary with some product, but "forgets" to mention this in the contract. This is a gross mistake! The Labor Code of the Russian Federation says that payments in food cannot exceed 20% of the employee's monthly salary. Payments in kind can only be made with the written consent of the worker. Also, you cannot indicate the salary in foreign currency. Regardless of the currency of which country the employer makes settlements with his counterparties, he must pay wages exclusively in rubles;
• Many employers, wishing to save money on their employees and on their salaries, impose penalties for any, even the smallest, violations and prescribe them in the employment contract. If the authorities decide to prescribe sanctions for violations in the contract, then their list must comply with Art. 137 of the Labor Code of the Russian Federation. Other types of payroll deductions are considered illegal. In addition, if the employer has not violated the list from Art. 137 of the Labor Code of the Russian Federation, he must remember that the amount of all write-offs cannot exceed 20% of the salary of a particular employee. In some cases, this percentage can rise to 50%, and in exceptional cases - up to 70%.

Description of the payment of bonuses and bonuses

If the employer pays his employees additional bonuses and bonuses, then he can prescribe their presence in the employment contract. But you need to be very careful. It is not enough to indicate the presence of additional payments and indicate their amount, you also need to prescribe the conditions for their receipt.

If you do not reflect the conditions for obtaining additional premiums and allowances, and also do not provide links to local regulations, it will turn out that the employer will have to pay all of them. That is, he will have to pay all those bonuses, bonuses, allowances and other incentive payments regularly along with wages.

If the employer decides to make a reference to a regulatory act, then he must accurately reflect all the details of this document. Without these details, this link will also be invalid. Any check from tax office or from the labor inspectorate will calculate this defect, and then penalties will be applied to the employer.

What does the salary depend on?

The official salary is a fixed amount of money that an employee receives for fulfilling his direct job duties... It does not include any type of payments - neither incentive, nor social, nor compensatory.

The salary of any employee depends on many factors, among which are:

• workload;
• education according to the profile of the work performed;
• qualifications;
• work experience in this position.

The amount of remuneration for working personnel is established on the basis of the salary scheme, which is applied at a particular enterprise or in an entire industry.

If the company is financed from the budget of one of the levels, then it must adhere to the sectoral salary scheme. If the company operates exclusively at its own expense, then it is obliged to approve the staffing table, in which it should register the nomenclature of official salaries.

Additional agreement when changing the salary

Salary is one of the essential conditions of an employment contract. If there is a change in salary, then this must be reflected in the documents.

This does not mean that you need to immediately rewrite a new employment contract. The Labor Code of the Russian Federation provided for the possibility of changing the terms of an employment contract by drawing up and signing an additional agreement. This rule also applies to changes in the salary of a particular employee.

If the employee's salary or other condition of the employment contract changes, then the employer must take the following steps:

• prepare a layout for an additional agreement;
• discuss his position with the employee;
• after reaching an agreement, the parties sign this agreement;
• it comes into force from the moment of its signing.

The employer does not have the right to independently change the terms of the employment contract. In addition, he must notify his employee in writing that a salary change is taking place. This must be done at least 2 months in advance. The written notice must be handed directly to the employee. The employee must be familiarized with it under the signature. If the employee does not agree with the new terms of the contract, including the change in his salary, then the employment contract is terminated. And the employee is subject to dismissal.

If the parties have reached an agreement, then they sign an additional agreement in 2 copies - one for each side of the employment relationship. When drawing up an agreement, it is necessary to indicate the details of the employment contract to which this agreement applies.

Indication of the terms of salary payment in the contract

The salary is paid to the employee for the performance of his direct job responsibilities... The salary must be specified in the employment contract. It must be spelled out first in numbers, and then in words, indicating kopecks. You cannot indicate that payment is made "according to the staffing table."

If the employer has a system of additional payments to the basic salary, then this also needs to be prescribed. In this case, you need to provide a link to a specific local act related to the wage system. If the company does not have such an act, then it is necessary to prescribe in the contract all additional, compensation, incentive and other payments, as well as indicate the conditions under which these payments are made.

If the company is located and operates in the Far North or in areas that have a similar status, then do not forget about the northern allowances and regional coefficients. An employee must be very careful when signing an employment contract.

There are unscrupulous employers who "lower" the regional coefficient. For example, at the interview with the applicant P., the employer announced his salary of 25,000 rubles, and P. agreed. In fact, in the "body" of the employment contract, the employer indicated a salary of 22,000 rubles and 3,000 rubles - this is the regional coefficient. It turns out that the employee will receive only 22,000 rubles in his hands, since the personal income tax will be calculated in the amount of 13%.

In fact, it should be written like this:

• a salary of 25,000 rubles;
• the regional coefficient, according to the one established for the given region by the Government of the Russian Federation.

NDLF is calculated only after all allowances and coefficients.

Frequency of payments

According to the Labor Code of the Russian Federation, wages must be paid 2 times a month - every half month. Specific payment dates must be specified in one of these documents:

• labor contract;
• collective agreement;
• labor regulations.

It is imperative to fix specific payment days. It can be 2 days a month, or several. For example, the advance is on the 25th, and the salary is on the 5th. Or it can be written as follows - the advance is paid from the 23rd to the 25th day of each month, and the salary from the 5th to the 7th day of each month. It is convenient for large enterprises, with the number of employees in several thousand people.

The employer may establish a different frequency of payments, but at least twice a month. The law does not prohibit paying employees what they earn cash, for example, 4 times a month. But it is imperative to indicate this in the employment contract or in another local regulatory act, which will be referred to in the employment contract, the details of this LNA.

Hourly wages

The employee's work can be paid by the hour, that is, for the actual stay at the workplace. But such working conditions must be spelled out in the employment contract.

Each hour of work must "cost" a certain amount of money. To calculate it, you need minimum size divide the wages in this position by the number of hours that the employee will have to stay at the workplace. It will turn out to be a certain tariff rate.

It is worth starting from this value. It is "wound up" for:

• length of service;
• performance of a certain amount of work;
• plan overfulfilment;
• work experience;
• employee qualifications;
• other factors that may increase the amount of the tariff rate.

After all the "markups", an amount is obtained that exceeds the established tariff rate. The newly obtained value cannot be less.

If the employer decided to establish a bonus for the amount of work performed, then the amount of the bonus, which will increase the tariff rate, must be spelled out in the employment contract. For example, it is important for an employer not only how many hours a particular employee worked, but also how well he performed his work. Then he prescribes a premium for the quality of work in the contract.

For example, at the standard tariff rate of 100 rudders per hour of work and with an 8 hour working day, the N. worker must make 20 parts. Allowable scrap volume - 2 parts. If there is only 1 marriage, then N. will receive an additional 100 rubles, if there is no marriage at all, then 200 rubles. These provisions must be spelled out in the employment contract.

Conclusion

An employment contract is an important document of an employment relationship. It must be concluded with every worker. Salary is an essential condition of this document. If this condition is not prescribed, then the contract will be considered invalid, and the employer will face penalties for non-compliance with labor laws.

To avoid claims from the GIT, to prevent disagreements with the employee, correctly formulate the employee's payment terms in his contract. Here are 6 formulations that are risky to include in the TD.

In the article:

A selection of ready-made samples for different situations:

Remuneration for labor in an employment contract

The section "Remuneration" of the TD (labor contract) includes a prerequisite for the salary of an accepted employee. They do this on the basis of the system of remuneration in force in the organization. A specific amount of the established tariff rate or salary, as well as conditions for compensation and incentive payments, are introduced into the TD.

Since the salary in the employment contract refers to a prerequisite, indicating the appropriate salary or the established tariff rate, it is necessary to take into account the qualifications of a particular employee, the degree of complexity of the work performed and the size of the minimum wage. There is no need to prescribe in detail in the TD the procedure for all incentive and compensation payments. It is enough to include in the document a reference to the normative legal act in which the corresponding procedure is spelled out. Reference can be made to a collective agreement or other relevant document. The employee must be familiarized with the signature with the act for which it was given in the TD.

If an employee will perform work in harmful or dangerous conditions, in the TD indicate compensation, enter a description of the characteristics of working conditions. Such rules are established by paragraphs five and seven of the second part of Article 57 of the Labor Code of the Russian Federation.

Memo to the personnel officer from the magazine "Personnel business". What is included in the salary of employees

Terms of remuneration in the contract

According to the current legislation, an employment contract is concluded between the two parties by mutual agreement. TD refers to an agreement reached by both parties. Salary in an employment contract, that is, the amount of remuneration depends (Article 129 of the Labor Code of the Russian Federation):

• on the qualifications of the employee;
• from the position held;
• from the availability of relevant experience and so on.

Local acts in the organization establish not only payment systems, but also the corresponding procedure for making payments.

An employment contract without a specified wage is recognized as drawn up in violation of the Labor Code of the Russian Federation. The document prescribes all the conditions of remuneration, including:

1. Fixed salary, additional payments... The size of the employee's salary is indicated without fail. If the organization applies a system of premiums to basic rates, surcharges, and so on, it is necessary to make a reference to the normative act in which they are established. If there is no such normative act, all types of additional payments and the grounds for their issuance are prescribed in the TD with the employee.
2. Tax... The salary in the TD is prescribed in full. There is no need to reflect the condition of withholding personal income tax. Indicate payment excluding surcharges.
3. Social insurance... Taking into account the second part of Article 57 of the Labor Code of the Russian Federation, the TD includes a condition on compulsory social insurance. There is no need in the document to list all types of payments, it is enough to indicate that the organization provides the employee with insurance in the system of compulsory social insurance in accordance with the norms of the Labor Code and other federal laws. If the company has additional insurance, it is rational to refer to the relevant local regulatory act, and in its absence, register this condition in more detail in the TD itself.
4. District coefficient... If in some region there are regional coefficients, it is advisable to prescribe the size of the regional coefficient in the TD, since this is a constant indicator.

Yulia Zhizherina, an expert at Sistema Kadry, a lawyer in the practice of labor and migration law at Pepeliaev Group, will tell you how to correctly prescribe the terms of remuneration in an employment contract.

Tariff rate or salary in an employment contract

When drawing up an employment contract, the amount of wages is indicated in concrete terms, for example, a tariff rate of 200 rubles per hour or an official salary of 60 thousand rubles is set. Such explanations are given by Rostrud.

Remuneration in an employment contract: how to register. The amount of wages can be formulated as follows:

• 3.1. For the fulfillment of the assigned labor duties provided for by the TD, the employee is paid a salary of 60,000 (sixty thousand) rubles per month.
• 3.1. For the fulfillment of the assigned labor duties provided for by this TD, the employee is set an hourly wage rate of 200 (two hundred) rubles per hour.

In such cases, the following type of wording cannot be used in the TD:

• « Labor remuneration is set according to the staffing table»;
• « The official salary is established in accordance with the staffing table».

In the event that the employer has not indicated a specific salary set for the employee, this is considered a violation of the requirements of paragraph five of part two of Article 57 of the Labor Code of the Russian Federation. A link to the staffing table will be considered a violation of the requirements of the current legislation. For this, employers can be brought to administrative responsibility in accordance with part one of Article 5.27 of the RF Code of Administrative Offenses (Code of Administrative Offenses of the RF). That is why it is so important to indicate the specific size of the established wage rate or the assigned official salary of the employee, as well as the corresponding additional payments and allowances, incentive payments when the time wages are paid in the TD.

Advice from the expert of the journal "Personnel business". Bonuses and allowances refer to incentive payments (Article 129 of the Labor Code of the Russian Federation). The law does not oblige the employer to include bonuses and allowances in the composition of wages. And usually companies don't. But one bad wording in an employment contract can ruin everything.

Labor contract: wages in the piece-rate system of remuneration

If, in accordance with the system of remuneration in force for a particular employer, a piece-rate system of remuneration is established for an employee, this condition must also be included in the TD. At the same time, piece rates should also be reflected in the text of the employment contract. If the organization has a list of piece rates, it is advisable to make an annex to the TD. This option does not cause complaints from the inspection authorities.

At the same time, there is another practice. If the employee's earnings will directly depend on the amount of products produced, it is necessary to indicate that the wages will be piecework and provide a link to normative document, setting prices, production rates, accounting procedure for work performed.

How to prescribe the wages of pieceworkers in the contract

The wording could be as follows:

• 3.1. The employee has a direct piece-rate system of remuneration, paid for the amount of products produced.
• Prices, time rates, production rates, the main procedure for accounting for production and the volume of work performed are established by the Regulations on the remuneration of employees of CJSC "Alpha".

Labor contract. Commission system of remuneration

Supplements, bonuses, allowances in the employment contract at the TD

In accordance with paragraph five of the second part of Article 57 of the Labor Code of the Russian Federation in the TD, it is possible not to indicate the specific amount of premiums, allowances and surcharges. It is allowed to make a reference to the relevant local regulatory act, which establishes the amount and procedure for payments. The employee is introduced to the normative act against receipt.

The wording can be as follows:

• 3.1. For the performance of labor duties provided for by the TD, the employee has a salary, which includes:
  3.1.1. The official salary is 60,000 (sixty thousand) rubles per month.
• 3.1.2. Quarterly, annual bonuses are calculated and paid in the manner and on the terms established by the Regulations on bonuses for employees of CJSC Alpha.

When concluding a TD with workers who will work in the regions of the Far North, equated localities indicate the regional coefficient and the corresponding percentage increase to the wage.

Memo from "Systems of personnel". The procedure for calculating percentage allowances for seniority in the Far North

The amount of compensation for work in harmful, dangerous conditions in the employment contract

The TD prescribes the characteristics of working conditions at a particular workplace (paragraph 7, part 2, article 57 of the Labor Code of the Russian Federation). This information should indicate the results of the conducted special assessment working conditions.

If an employee is hired for a position in which he will work in harmful and / or dangerous conditions, his TD must immediately indicate the compensation due to him for work in such conditions. The employee has the right to guarantees and compensation (Articles 92, 117, 147 of the Labor Code of the Russian Federation):

1. Reduced working hours for work in harmful conditions of 3 or 4 degrees, in hazardous working conditions. As a general rule, this is no more than 36 hours a week.
2. Obtaining an additional annual paid leave for work in hazardous conditions of the 2nd, 3rd or 4th degree, in hazardous working conditions - this is at least seven calendar days;
3. Increase in wages for labor in the amount of at least 4% of the established tariff rate or salary.

It should be borne in mind that the employer has the right to establish a large increasing percentage increase. 4% of the salary is the minimum. Specific increasing dimensions are fixed in the local regulatory legal act organizations, for example in a collective agreement.

The wording in the TD is as follows:

For the fulfillment of the assigned labor duties provided for by this TD, the employee is paid a salary, which includes:

• The official salary is 60,000 (sixty thousand) rubles per month.
• 3.1.2. Additional payment for work in harmful and / or dangerous working conditions in the amount of 4% of the salary.

An expert from Sistemy Kadry will tell you in detail, what compensation is due to an employee for work in harmful, dangerous conditions ... The article describes all types of compensation that need to be included in the TD.

The section "Remuneration" of the TD (labor contract) includes a prerequisite for wages accepted employee. They do this on the basis of the system of remuneration in force in the organization.

If an employee will work in harmful or dangerous conditions, the TD includes a description of the working conditions at a specific workplace and the amount of compensation payments, other guarantees provided for by labor legislation.