State guarantees for the remuneration of the worker. Basic state guarantees for the remuneration of workers. The minimum wage. What payments are included in the minimum wage

As the main state guarantees for wages, Art. 130 of the Labor Code of the Russian Federation highlights:

The value of the minimum wage (SMIC).

The minimum wage is set simultaneously throughout the territory Russian Federation federal law. According to Art. 133 of the Labor Code of the Russian Federation, the minimum wage cannot be lower than the subsistence minimum for the able-bodied population, however, this norm has not yet been implemented, since it requires the adoption of a special federal law (Article 421 of the Labor Code of the Russian Federation). The increase in the minimum wage is carried out systematically on the basis of federal laws on amendments to the Federal Law of June 19, 2000 No. 82-FZ “On the minimum wage”.

Labor Code of the Russian Federation in Art. 133.1 allows for the possibility of establishing a guarantee larger than the minimum wage wages at the level of subjects of the Russian Federation. This value is called the minimum. salary and is set by a regional minimum wage agreement. The size of the minimum wage is set taking into account the socio-economic conditions and the subsistence level of the able-bodied population in the relevant subject of the Russian Federation and should not be lower than the minimum wage.

The amount of the minimum wage in a constituent entity of the Russian Federation applies to employees working in the territory of the corresponding constituent entity of the Russian Federation. Ensuring the payment of wages, taking into account the minimum wage guarantee, is carried out, depending on the category of employer, at the expense of the budget of the subjects of the Russian Federation, local budgets, extra-budgetary funds, as well as funds received from entrepreneurial and other income-generating activities. Taking into account the indicated sources of funding, an exemption from the minimum wage guarantee has been established for employees of organizations financed from the federal budget.

Measures to increase the level of the real content of wages.

As such a measure, Art. 134 of the Labor Code of the Russian Federation calls the indexation (increase) of wages in connection with the growth of consumer prices for goods and services. Its indexation procedure depends on whether the employer is a state body, local government body, state or municipal institution: if it is, then for him the procedure for indexing wages is determined by regulatory legal acts, if not, then by a collective agreement, agreements, local regulations.

Wage indexation, as indicated in the ruling of November 19, 2015 No. 2618-0 of the Constitutional Court of the Russian Federation, should be provided to all persons working under an employment contract.

Establishment of restrictions on the list of grounds and amounts of deductions from wages at the initiative of the employer.

Withholding from wages is made only in cases provided for by the Labor Code of the Russian Federation itself and other federal laws. Labor Code of the Russian Federation in Art. 137 provides as grounds for deduction from wages:

• - reimbursement of the unworked advance payment issued to the employee on account of wages;
• - repayment of the unspent and not returned in due time advance payment issued in connection with business trip or transfer to another job in another area, as well as in other cases;
• - refund of amounts overpaid to the employee due to accounting errors, as well as amounts overpaid to the employee, in the event that the body for consideration of individual labor disputes recognizes the employee's guilt in non-compliance with labor standards or downtime;
• - dismissal (except for dismissals under paragraph 8 of part 1 of article 77, paragraphs 1-2, 4 of part 1 of article 81, paragraphs 1-2.5-7 of article 83 of the Labor Code of the Russian Federation) of an employee before the end of that work of the year in which he has already received annual paid leave, for unworked vacation days.

In the first three cases, the decision by the employer to withhold is limited to a month from the date of expiration of the period for the return of the advance, repayment of debts or incorrectly calculated payments. The condition for making such a decision is the absence of objections from the employee. Upon dismissal, deduction is made within the framework of Art. 140 of the Labor Code of the Russian Federation, the deadline for the final settlement with the employee.

But the general rule under Art. 138 of the Labor Code of the Russian Federation, all deductions from wages cannot exceed 20% of the accrued wages. This limit is applicable for cases of deductions provided for in Art. 137 of the Labor Code of the Russian Federation, as well as for cases of bringing to financial responsibility in an administrative manner by order (instruction) of the employer.

If the basis for the deduction is a decision of state bodies or an indication of the law, the amount of deductions may be increased. So, in cases specifically provided for by federal laws, up to 50% of an employee's salary can be withheld (for example, when deducted under several executive documents).

The above restrictions on the amount of deductions from wages do not apply to deductions from wages when serving corrective labor, collecting alimony for minor children, compensating for harm caused to the health of another person, compensating for harm to persons who have suffered damage due to the death of the breadwinner, and compensating for damages. caused by the crime. The amount of deductions from wages in these cases cannot exceed 70%.

Withholding from payments that are not foreclosed in accordance with federal laws is not allowed. So, according to Art. 101 of the Federal Law of October 2, 2007 No. 229-FZ “On Enforcement Proceedings” it is impossible to deduct from compensation payments established by labor law.

Limitation of wages in kind.

As a general rule, according to Art. 131 of the Labor Code of the Russian Federation is the payment of wages in monetary form in the currency of the Russian Federation 1 . Payment can be made in cash or in a non-cash form. As a rule, wages are paid in cash. Non-cash form is possible only on the conditions stipulated by the collective or labor agreement and only on the initiative or with the consent of the employee.

Also, as an exceptional rule, Art. 131 of the Labor Code of the Russian Federation allows the payment of wages in non-monetary form. Taking into account the provisions of the ILO Convention No. 95 Regarding the Protection of Wages (1949), the requirements of Art. 131 of the Labor Code of the Russian Federation, clarifications given by the Plenum of the Supreme Court of the Russian Federation in Resolution No. 2 of March 17, 2004, the following can be distinguished as conditions for the legitimacy of a non-monetary form of wages:

• - the possibility of paying wages in non-monetary form is provided for by the collective and (or) labor contract;
• - the basis for the payment of wages in non-monetary form to a particular employee is his will, confirmed by a written statement. Such consent may be expressed in relation to a particular payment, and may extend to a period of time until the employee withdraws his consent;
• - non-monetary form of payment of wages should not exceed 20% of the monthly salary accrued to the employee;
• - payment of wages in non-monetary form is made by products that are not related to the number of items withdrawn from circulation, limited in circulation, to the number of conventional monetary units;
• - payment of wages in kind is common or desirable in these industries, types of economic activity or professions (for example, the payment of wages in agricultural products);
• - the payment of wages in kind is suitable for the personal consumption of the worker and his family or brings him some kind of benefit;
• - when paying wages to an employee in non-monetary form, the requirements of reasonableness and fairness in relation to the cost of goods transferred to him as wages are met, i.e. their value in any case should not exceed the level of market prices prevailing for these goods in the given locality during the period of calculation of payments.

Failure to comply with at least one of the indicated conditions entails the recognition of unlawful payment of wages in non-monetary form.

Ensuring that the employee receives wages in the event of termination of the employer's activity and its insolvency in accordance with federal laws.

According to Art. 64 of the Civil Code of the Russian Federation, in the event of liquidation of an organization, claims for the payment of severance pay and remuneration of persons who worked or are working under an employment contract are satisfied as part of the second priority.

Federal State Supervision of Compliance with Labor Legislation and Other Regulatory Legal Acts Containing Norms labor law, which includes conducting inspections of the completeness and timeliness of payment of wages and the implementation of state guarantees for wages. The subjects of this supervision are the Federal Labor Inspectorate, the prosecutor's office, federal and regional authorities within the framework of intradepartmental control in their subordinate organizations.

Responsibility of employers for violation of the requirements established by labor legislation and other regulatory legal acts containing labor law norms, collective agreements, agreements.

There are several types of such responsibility (Table 9.2):

Terms and order of payment of wages.

General rules for determining the timing of payment of wages are defined in Art. 136 of the Labor Code of the Russian Federation. At the same time, the minimum number of wage payments per month is currently determined: there must be at least two such payments. Besides, in normative order the periodicity of payments is determined: they must fall on each half of the month and follow no later than 15 days from the end of the period for which these payments are made. According to the explanation given in the letter of the Ministry of Labor of the Russian Federation dated February 14, 2017 No. 14-1 / OOG-1293, indicated in Art. 136 of the Labor Code of the Russian Federation, the rule on determining the timing of payment of wages does not apply to bonuses and other incentive payments established for the results of work, the achievement of relevant indicators. The Ministry of Labor of Russia recommended that employers determine the terms for paying employees these elements of wages independently by a collective agreement, local normative act. However, at present, Art. 136 of the Labor Code of the Russian Federation does not provide for regulatory grounds for such local regulation.

Types of liability for violation of legislation on remuneration

Table 9.2

Specific dates for the payment of wages should be determined by the internal labor regulations, the collective agreement or the employment contract.

The system of basic state guarantees for the remuneration of workers includes (Article 130 of the Labor Code of the Russian Federation):

• the value of the minimum wage in the Russian Federation;
• measures to ensure an increase in the level of the real content of wages;
• limiting the list of grounds and amounts of deductions from wages by order of the employer, as well as the amount of taxation of income from wages;
• limitation of wages in kind;
• ensuring that the employee receives wages in the event of termination of activities and his insolvency in accordance with federal laws;
• state supervision and control over the full and timely payment of wages and the implementation of state guarantees for wages;
• responsibility of employers for violation of the requirements established by labor legislation and other normative legal acts containing labor law norms, collective agreements, agreements;
• terms and order of payment of wages.

The system of state guarantees for wages includes measures that ensure an increase in the level of the real content of wages. The main (and so far the only) such measure is the indexation of wages in connection with the growth of consumer prices for goods and services.

The guarantee that the employee receives wages in full is the restriction of deductions from the employee's wages. The Labor Code limits both the grounds for deductions and their size (Articles 137, 138 of the Labor Code of the Russian Federation).

Wages are paid in cash in the currency of the Russian Federation (in rubles).

In accordance with or at the written request of the employee, remuneration may also be made in other forms that do not contradict the legislation of the Russian Federation and international treaties of the Russian Federation. The share of wages paid in non-monetary form cannot exceed 20 percent of the accrued monthly wage (Article 131 of the Labor Code of the Russian Federation).

Payment of wages in bonds, coupons, in the form of debt obligations, receipts, as well as in the form of alcoholic beverages, narcotic, poisonous, harmful and other toxic substances, weapons, ammunition and other items in respect of which prohibitions or restrictions on their free circulation are established , not allowed.

The minimum wage (minimum wage) is established throughout the territory of the Russian Federation by federal law and is one of the main state guarantees for wages (Article 130 of the Labor Code of the Russian Federation). Currently, the Federal Law of June 19, 2000 N 82-FZ “On the minimum wage” is in force. According to Art. 3 of this Law, the minimum wage is used to regulate wages, as well as to determine the amount of benefits for temporary disability. From January 1, 2009, it is 4330 rubles. This means that the salary of an employee who has fully worked out the monthly norm of working hours or fulfilled labor standards, taking into account all additional payments, allowances, incentive and compensation payments, including northern allowances and regional coefficients, cannot be lower than the specified size or regional minimum wage. if it is installed in the subject of the Russian Federation.

What are the forms and systems of remuneration of personnel: Video

An important aspect of wage security is the existence of a number of state guarantees that are observed in relation to any employee and are mandatory for each employer. The law guarantees every employee fair and timely remuneration for work. This means that the conditions of remuneration cannot be worse than those stipulated by the current legislation. For example, it is unacceptable to set wages below the minimum wage, to withhold amounts from it that are not provided for by law, to violate the terms and order of cash payments, to arbitrarily decide on changing the form of wages, etc.

In order to exclude such violations in practice, modern Russian labor legislation for the first time in legislative practice provides for a special system of basic guarantees in the field of remuneration of workers, which is provided by the coercive power of the state. One of the most significant mechanisms for ensuring compliance with the labor rights of workers at the present stage is the system of guarantees for wages established by the current Labor Code. In accordance with Art. 130 of the Labor Code of the Russian Federation, this system includes:

the value of the minimum wage in the Russian Federation (hereinafter referred to as the minimum wage) (Article 133 of the Labor Code of the Russian Federation);

measures to ensure an increase in the level of the real content of wages (Article 134 of the Labor Code of the Russian Federation);

limiting the list of grounds and amounts of deductions from wages by order of the employer, as well as the amount of taxation of income from wages (Articles 137-138 of the Labor Code of the Russian Federation);

limitation of wages in kind (Article 131 of the Labor Code of the Russian Federation);

ensuring that the employee receives wages in the event of termination of the employer's activities and its insolvency in accordance with federal laws;

federal state supervision over compliance with labor legislation and other regulatory legal acts containing labor law norms, including audits of the completeness and timeliness of payment of wages and the implementation of state guarantees for wages (Chapter 56 and 57 Section XIII of the Labor Code of the Russian Federation);

responsibility of employers for violation of the requirements established by labor legislation and other regulatory legal acts containing labor law norms, collective agreements, agreements (Article 142 of the Labor Code of the Russian Federation);

terms and sequence of payment of wages (Article 136).

The minimum wage protects workers from unjustifiably low wages that do not ensure reproduction work force. The monthly salary of an employee who has worked the norm of working hours for this period and fulfilled the labor norms ( labor obligations), cannot be lower than the minimum wage. The minimum wage (from January 1, 2016 is 6204 rubles) is established throughout the Russian Federation and cannot be lower than the subsistence level of an able-bodied person (Article 133 of the Labor Code of the Russian Federation). The living wage is the cost of the consumer basket, mandatory payments and fees. On the federal level the subsistence minimum is approved once a quarter by the Government of the Russian Federation, in the regions - by executive authorities. The federal minimum wage is established throughout Russia by law and cannot be less than the federal subsistence minimum for the able-bodied population. It is used to regulate wages and determine the amount of benefits for temporary disability. Subjects of the Russian Federation have the right to conclude regional agreements on minimum wages, taking into account local socio-economic conditions and their own subsistence level. This agreement applies to all employees working in the territory of a subject of the Russian Federation, except for those who work in organizations financed from the federal budget (Articles 133 and 133. 1 of the Labor Code of the Russian Federation). The regional minimum wage should not be less than the federal minimum wage.

The system of state guarantees for the remuneration of employees also includes measures to ensure an increase in the level of the real content of wages. The main (and so far the only) such measure is the indexation of wages in connection with the growth of consumer prices for goods and services: as prices rise, wages increase. This helps to prevent real wages from falling or to minimize the extent of the decline. Thus, the state protection of the purchasing power of wages is ensured.

Another state guarantee for the remuneration of employees is the limitation of in-kind remuneration. A collective or labor agreement may provide for only partial (no more than 20%) remuneration in kind. The procedure for paying wages in goods or products manufactured in the organization is determined by the specified agreements. In this case, the rules of Art. 131 of the Labor Code and the ILO Convention N 95 "On the protection of wages".

The Labor Code of the Russian Federation also includes ensuring the regularity of payment of wages as state guarantees. Article 136 of the Labor Code of the Russian Federation, in accordance with the established tradition and the requirements of ILO Convention No. 95, establishes the place and terms for the payment of wages. The Labor Code obliges the employer to pay wages at least every half a month on the day established by the internal labor regulations of the organization, the collective labor agreement. Terms of payment of wages in non-monetary form are determined by the collective or labor contract. If the day of payment coincides with a weekend or non-working holiday, payment of wages is made on the eve of this day. Vacation payment is made no later than three days before its start (Article 136 of the Labor Code).

The delay in the payment of wages is recognized as a serious violation of the labor rights of an employee and entails adverse consequences for both the employer and his officials.

The guarantees of the worker's right to receive a fair wage were briefly described above. These guarantees are provided for by the Labor Code, and their implementation does not go beyond the scope of labor relations proper. Along with them, Art. 130 of the Labor Code of the Russian Federation names a number of guarantees that are of intersectoral significance and are provided not only and not so much by the norms of labor law, but by the norms of other branches of legislation. First of all, these include limiting the list of grounds and the amount of deduction from wages by order of the employer.

Another guarantee for remuneration, which is also provided mainly by the norms of another branch of legislation, is the limitation of the amount of taxation of wages. In accordance with Art. 224 of the Tax Code, the tax rate on wages, regardless of its value, is set at 13%. In addition, to meet socially significant needs, employees are provided with tax deductions: standard, for example, for each minor child (Article 218 of the Tax Code); social, for example, for payment medical services or training (Article 219 of the Tax Code); property, for example, for the purchase of an apartment (Article 220 of the Tax Code).

The next guarantee, which is complex in nature, is to ensure that the employee receives wages in the event of the termination of the employer's activities and its insolvency. In accordance with paragraph 1 of Art. 64 Civil Code upon liquidation legal entity settlements for the payment of severance pay and wages are made in the second place after claims for payments for causing harm to life and health. A similar rule applies to individual entrepreneur(Clause 3, Article 25 of the Civil Code).

Declaring an employer bankrupt is also considered by the legislator as a basis for providing employees with special guarantees that ensure the exercise of their labor rights, including the right to timely and full payment of wages. Article 2 of the Federal Law "On Insolvency (Bankruptcy)" recognizes the employees of the organization as creditors (in terms of the requirement to pay severance pay and wages).

The legal status of employees in the event that the employer is declared bankrupt is characterized by the presence of certain advantages over other creditors. In particular, the moratorium does not apply to the satisfaction of claims for the recovery of wage arrears (Article 95 of the Federal Law "On Insolvency (Bankruptcy)").

In case of insufficiency Money on the account of the employer, in order to satisfy the claims made against him, first of all, write-offs are carried out according to executive documents providing for the transfer or issuance of funds to satisfy claims for compensation for harm caused to life and health, as well as claims for the recovery of alimony; in the second place, claims for the payment of severance pay and wages are satisfied, if these requirements are confirmed by executive documents (certificate of the commission for labor disputes, performance list); thirdly, write-offs are made according to payment documents providing for the transfer or issuance of funds for payroll settlements (clause 2 of article 855 of the Civil Code).

Another guarantee of a complex nature, not directly provided for by the Labor Code, but acting on the territory of the Russian Federation by virtue of its international obligations (Article 10 of the Labor Code), is the prohibition of cession in relation to wages.

This guarantee is provided for in Art. 10 of the ILO Convention N 95 "On the Protection of Wages" (1949), which was ratified by the USSR on January 31, 1961 and is mandatory for Russia. In accordance with Art. 10 of Convention No. 95, wages may be subject to seizure or assignment only in the form and within the limits prescribed by national law. Since there are no relevant legislative provisions, it must be assumed that at present the assignment of the right to claim unpaid (delayed) wages is not possible.

Among the state guarantees for the remuneration of employees, federal state supervision over compliance with labor legislation and other regulatory legal acts containing labor law norms, including the conduct of inspections of the completeness and timeliness of payment of wages and the implementation of state guarantees for remuneration, are named. The establishment of state guarantees to ensure the rights of workers and employers, the exercise of state control (supervision) over their observance is one of the main legal principles for regulating labor relations and other relations directly related to them (Article 2 of the Labor Code of the Russian Federation).

Based this principle the activities of control and supervision bodies should be aimed at observing not only the labor rights of workers, as is traditionally perceived at the household level, but also the relevant rights of employers.

State control (supervision) over compliance with labor legislation and other regulatory legal acts containing labor law norms is one of the ways to protect labor rights and freedoms (Article 352 of the Labor Code of the Russian Federation). The procedure for exercising the said control (supervision) is the responsibility of federal bodies state power(Article 6 of the Labor Code of the Russian Federation).

The system of basic state wage guarantees includes, in particular:

• 1) the prohibition of discrimination in the establishment and change of wages and other conditions of remuneration (part 3 of article 37 of the Constitution of the Russian Federation, part 2 of article 132 Labor Code RF);
• 2) establishment of the minimum wage, as well as the value of the minimum wage rate for employees public sector;
• 3) measures to ensure an increase in the level of the real content of wages;
• 4) limiting the list of grounds and amounts of deductions from wages by order of the employer;
• 5) limitation of wages in kind;
• 6) ensuring that the employee receives wages in the event of termination of the employer's activity and its insolvency;
• 7) establishment of terms and procedure for payment of wages;
• 8) special measures for the protection of wages in the event of the insolvency of the employer and the termination of his activities;
• 9) state supervision and control over the full and timely payment of wages and the implementation of state guarantees for wages;
• 10) establishment of measures of responsibility of the employer for violation of the rights of employees in the field of remuneration.

Consider the implementation of the most important guarantees in the field of wages.

Prohibition of discrimination in the field of work.

In Russian legislation, the prohibition of discrimination in the field of remuneration is set out in Article 132 of the Labor Code of the Russian Federation: any discrimination is prohibited in setting and changing wages and other conditions of remuneration. Application of Art. Articles 3 and 132 of the Labor Code of the Russian Federation together give grounds to assert: wage discrimination is prohibited depending on gender, race, skin color, nationality, language, origin, property, social and official status, age, place of residence, attitude to religion , political opinions, belonging or not belonging to public associations, as well as from other circumstances not related to business qualities employee. (Labor Code of the Russian Federation. - Art. 132)

Positive in Part 2 of Article 132 of the Labor Code of the Russian Federation is the prohibition of discrimination not only when establishing, but also when changing the size and other conditions of remuneration. Equal pay for equal work must be ensured in every organization at all times. This principle is often violated in organizations where layoffs are planned: by raising wages for those who will continue to work in the future, the employer leaves the previous salary (tariff rate) to persons warned of the upcoming dismissal for the two months that must elapse from the date of the warning about dismissal before the day of termination employment contract. As a result, the dismissed employee receives smaller amounts not only in the form of wages, but also in the production of guarantee payments to him - severance pay, average earnings for two to three months after dismissal (Labor Code of the Russian Federation. - Articles 178, 180) and benefits for unemployment. This is due to the fact that when calculating average earnings, its reduced (compared to workers of the same professions, positions) wages are taken into account. In such cases, the employee has the right to appeal against the actions of the employer in the manner prescribed by law.

In Russian legislation, there are a number of clearly defined guarantees that are given to the entire working population of the country. In particular, according to Article 3 of the Labor Code of the Russian Federation, each person has equal opportunities to exercise their labor rights, regardless of gender, nationality, age and other qualities that are not professional. Nevertheless, Russian employers often arrange detailed interviews with applicants or questionnaires, in which issues of registration, religious beliefs, nationality of family members, etc. are clarified.

The minimum wage.

First of all, according to the Constitution of the Russian Federation, everyone is guaranteed the right to remuneration for work without any discrimination and not lower than the minimum wage established by federal law. Constitution of the Russian Federation.- art. 37 Thus, the minimum wage in the Russian Federation is the lowest limit of wages for employees and is established by federal law. The minimum wage is the lowest wage limit for employees, which does not include additional payments and allowances, as well as bonuses and other incentive payments.

The minimum wage established by federal law is ensured by:

organizations financed from the federal budget - at the expense of the federal budget;

organizations financed from the budgets of the constituent entities of the Russian Federation - at the expense of the budgets of the constituent entities of the Russian Federation;

organizations financed from local budgets - at the expense of local budgets; other employers - at the expense of own funds. (Labor Code of the Russian Federation. - Art. 133)

The monthly salary of an employee who has worked the norm of working hours for this period and fulfilled the norms of labor (labor duties) cannot be lower than the minimum wage.

The sizes of tariff rates, salaries (official salaries), as well as basic salaries (basic official salaries), basic wage rates for professional skill groups employees cannot be below the minimum wage.

Currently, Article 133 of the Labor Code of the Russian Federation establishes that the minimum wage cannot be lower than the subsistence minimum for the able-bodied population. Today, the subsistence minimum is much higher than the minimum wage. At the same time, a phased increase in the minimum wage (SMIC) and its gradual approach to the subsistence minimum are expected. So, the minimum wage is set at 5554 rubles.

Wage indexation.

The measures that ensure an increase in the level of the real content of wages, first of all, include the indexation of wages, i.e. compensation in order to ensure cash income (including wages), as well as savings of citizens in connection with the increase in prices.

Organizations financed from the relevant budgets index wages in accordance with the procedure established by labor legislation and other regulatory legal acts containing labor law norms, other employers - in the manner established by the collective agreement, agreements, local regulations.

For persons residing in areas and localities where in due course regional coefficients for wages are applied, the amount of the minimum wage subject to indexation is determined taking into account these coefficients.

"Legal" payroll.

Wages must be paid at least every half month. For certain categories of employees, legislation may establish other terms for its payment. It must be said that wages can be paid in the form of an advance payment and actual wages. However, in this case, the amount of such an advance cannot be lower than the wage for the time actually worked.

If the day of payment coincides with a weekend or non-working holiday, payment of wages is made on the eve of this day. Holidays are paid no later than three days before the start of the holiday. (Labor Code of the Russian Federation. - Art. 136).

Article 236 of the Labor Code of the Russian Federation establishes the responsibility of the employer for the delay in the payment of wages ( material liability). In particular, if the employer violates the established deadline for paying wages, vacation pay, dismissal payments and other payments due to the employee, the employer is obliged to pay them with interest (monetary compensation) in the amount of at least one three hundredth of the refinancing rate of the Central Bank of the Russian Federation for each day of delay. In addition, the Labor Code of the Russian Federation provided that an employee has the right to stop working (by notifying the employer about this) if the delay in wages was more than 15 days (self-defense by the employee of his labor rights). At the same time, it should be taken into account that the suspension of work is allowed not only in the case when the delay in payment of wages for a period of more than 15 days occurred due to the fault of the employer, but also in the absence of such.

Suspension of work is not allowed:

• - during periods of introduction of martial law, a state of emergency or special measures in accordance with the legislation on a state of emergency;
• - in the bodies and organizations of the Armed Forces of the Russian Federation, other military, paramilitary and other formations and organizations in charge of ensuring the defense of the country and the security of the state, emergency rescue, search and rescue, fire fighting, work to prevent or eliminate natural disasters and emergencies, in law enforcement;
• - civil servants;
• - in organizations that directly serve especially dangerous types of production, equipment;
• -employees whose job responsibilities include performing work directly related to ensuring the life of the population (energy supply, heating and heat supply, water supply, gas supply, communications, ambulance and emergency medical care stations).

In accordance with Article 142 of the Labor Code of the Russian Federation, during the period of suspension of work, the employee has the right to work time be absent from work. In addition, according to the direct instructions of Article 4 of the Labor Code of the Russian Federation, the requirement to perform work in case of non-payment of wages refers to forced labor, so the employee has the right not to go to work until the delayed amount is paid to him. An employee who was absent during his working hours at the workplace during the period of suspension of work is obliged to return to work no later than the next working day after receiving a written notice from the employer about the readiness to pay the delayed wages on the day the employee goes to work.

In any case, the employee is obliged to bring to the attention of the employer or his representative his intention to apply self-defense in writing, otherwise his actions may be regarded as a violation of labor discipline.

The Labor Code of the Russian Federation contains a ban on the employer and his representatives to prevent the implementation of self-defense by the employee.

At the time of refusal to work, the employee retains all the rights provided for by the Labor Code of the Russian Federation, other laws and other regulatory legal acts. This means, in particular, that the employer is obliged to pay the employee for the time of his forced downtime.

It is important to note that the use of self-defence measures by employees in case of non-payment of their wages is not a strike and can be used, among other things, by those categories of workers whose right to strike is limited by law.

The current legislation regulates the procedure for payment of wages. wage law labor

So, according to Article 136 of the Labor Code of the Russian Federation, when paying wages, the employer is obliged to issue a payslip to the employee, which must indicate the components of wages, the amount and grounds for deductions from wages, as well as the total amount of money payable. The form of the payslip is approved by the employer, taking into account the opinion of the representative body of employees in the manner prescribed by Article 372 of the Labor Code of the Russian Federation for the adoption of local regulations.

Wages are paid directly to the employee, unless another method of payment is provided for by federal law or an employment contract.

Wages are paid to the employee, as a rule, at the place of work or transferred to the bank account specified by the employee.

The place and terms of payment of wages in non-monetary form are determined by a collective agreement or an employment contract.

Upon termination of the employment contract, payment of all amounts due to the employee from the employer is made on the day the employee is dismissed. If the employee did not work on the day of dismissal, then the corresponding amounts must be paid no later than the next day after the dismissed employee submits a request for payment.

In the event of a dispute over the amounts due to the employee upon dismissal, the employer is obliged to pay the amount not disputed by him within the period specified above.

Wages not received by the day of the death of the employee are issued to members of his family or to a person who was dependent on the deceased on the day of his death. The payment of wages is made no later than a week from the date of submission of the relevant documents to the employer.

Limitation of deductions from wages.

Deductions from wages are made:

• 1) by virtue of law - income tax and insurance contributions to the Pension Fund;
• 2) by court decisions - fines imposed in an administrative manner, when serving correctional labor for committing a crime, when compensating for damage caused by the parties to an employment relationship;
• 3) by order of the employer.

The law establishes that deductions from wages at the initiative of the employer can be made only in expressly provided cases:

• 1) to compensate for the unworked advance payment issued to the employee on account of wages;
• 2) to pay off an unused advance payment issued in connection with a business trip or transfer to another job in another locality, as well as in other cases;
• 3) to return the amounts overpaid to the employee due to accounting errors, as well as the amounts overpaid to the employee in case of non-compliance with labor standards (part 3 of article 155 of the Labor Code of the Russian Federation) or downtime due to the fault of the employee (part 3 of article 157 of the Labor Code) code of the Russian Federation);
• 4) upon dismissal of an employee before the end of the working year, on account of which he has already received annual paid leave, for unworked vacation days. Deductions for these days are not made if the employee is dismissed on the grounds provided for in paragraph 8 of part 1 of article 77 or paragraph 1, 2 or paragraph 4 of part 1 of article 81, paragraph 1, 2, 5, 6 and 7 Article 83 of the Labor Code of the Russian Federation.

In all other cases, deductions are made by filing a lawsuit by the employer in court. In the cases listed above (with the exception of the recovery of an unearned advance), the employer may issue an appropriate order no later than one month.

Wages overpaid to an employee (including in the event of incorrect application of labor legislation or other regulatory legal acts containing labor law norms) cannot be recovered from him, except in cases of: a counting error; if the body for consideration of individual labor disputes recognizes the fault of the employee in failure to comply with labor standards (Labor Code of the Russian Federation. - Art. 150) or idle time (part 3 of Art. 157 of the Labor Code of the Russian Federation); if wages were overpaid to the employee in connection with his illegal actions established by the court.

In the cases listed above, the legislation establishes the maximum amount of deductions from wages. Thus, with each payment of wages, the amount of all deductions cannot exceed 20 percent, and in cases provided for by law - 50 percent. When deducting from wages under several executive documents, the employee must in any case be kept 50 percent of earnings. These restrictions do not apply to deductions from wages when serving correctional labor and when collecting alimony for minor children (up to 70 percent). Deductions from severance pay, compensation and other payments that are not levied under the law are not allowed.

In accordance with Art. 130 of the Labor Code of the Russian Federation, the system of basic state guarantees for the remuneration of workers includes: 1) the value of the minimum wage in the Russian Federation; 2) the value of the minimum wage rate (salary) for public sector employees in the Russian Federation; 3) measures to ensure an increase in the level of the real content of wages; 4) limiting the list of grounds and amounts of deductions from wages by order of the employer, as well as the amount of taxation of income from wages; 5) limitation of wages in kind; 6) ensuring that the employee receives wages in the event of termination of the employer's activities and its insolvency in accordance with federal laws; 7) state supervision over the full and timely payment of wages and the implementation of state guarantees for wages; 8) the responsibility of the employer for violation of the requirements of legislation, labor contracts in the field of wages; 9) terms and order of payment of wages.

In accordance with Art. 133 of the Labor Code of the Russian Federation, the minimum wage is established simultaneously throughout the Russian Federation by federal law and cannot be lower than the subsistence minimum for an able-bodied person. However, in Art. 421 of the Labor Code of the Russian Federation states that the procedure and terms for introducing a minimum wage not lower than the subsistence minimum are established by federal law. The federal law "On Amendments and Additions to the Federal Law "On the Minimum Wage" dated September 17, 2003, from October 1, 2003, sets the minimum wage at 600 rubles per month, which is much lower than the subsistence minimum. The Federation, which does not receive subsidies from the Federal Fund for Financial Support of the Subjects of the Russian Federation, is granted the right, taking into account the opinion of the tripartite commission for the regulation of labor relations of the corresponding subject of the Russian Federation, to establish a higher minimum wage.

It cannot be overlooked that Art. 421 of the Labor Code of the Russian Federation, which excludes the possibility of applying the norm on the minimum wage not lower than the subsistence level, conflicts with the general part of labor legislation, the Constitution of the Russian Federation, international legal regulation of labor.

In accordance with Art. 7 of the Constitution of the Russian Federation, Russia is a social state that ensures a decent life for a person, including when establishing the minimum wage. A decent life cannot be ensured with wages below the subsistence level. Consequently, one legally significant circumstance can be singled out from this constitutional norm that directly relates to the minimum wage, namely the establishment of a minimum wage that ensures a decent life for a person, that is, not lower than the subsistence minimum.

In part 3 of Art. 23 of the Universal Declaration of Human Rights establishes the rule that every worker has the right to a fair and satisfactory remuneration that ensures a worthy existence for himself and his family members. From this norm follows the obligation of the state to establish a minimum wage that ensures a decent working existence for himself and his family members. A decent amount of wages cannot be lower than the subsistence minimum for each member of the working family and for himself.

In Art. 7 of the International Covenant on Economic, Social and Cultural Rights, every worker is guaranteed, as a minimum, a fair remuneration that ensures a satisfactory existence for himself and his family members. This norm also implies the obligation of the state to establish a minimum wage that ensures a satisfactory existence for all employees and members of their families, that is, not lower than the subsistence minimum for each working and disabled family member.

In accordance with Art. 15 of the Constitution of the Russian Federation, paragraph 5 of the Resolution of the Plenum of the Supreme Court of the Russian Federation N 8 of October 31, 1995 "On some issues of the application by the courts of the Constitution of the Russian Federation in the administration of justice" The Universal Declaration of Human Rights, the International Covenant on Economic, Social and Cultural Rights are integral part the legal system of our state.

The requirements of the Constitution of the Russian Federation, the listed international acts regarding the establishment of the minimum wage cannot be canceled by including a norm in the Labor Code of the Russian Federation that does not allow the law enforcer to be guided by them. It is also not allowed to suspend the said norms of the Constitution of the Russian Federation, the Universal Declaration of Human Rights, the International Covenant on Economic, Social and Cultural Rights by adopting the Labor Code of the Russian Federation with the inclusion of a norm requiring the adoption of a special law that determines the procedure and conditions for their application in this part. In this connection, law enforcement officers are obliged to be guided by Art. 7 of the Constitution of the Russian Federation, art. 23 of the Universal Declaration of Human Rights, Art. 7 of the International Covenant on Economic, Social and Cultural Rights and to exclude the application of contrary to the said norms, which have the highest legal force, Art. 421 of the Labor Code of the Russian Federation.

In addition, Art. 2 of the Labor Code of the Russian Federation, the right of each employee to receive a fair wage, ensuring a worthy existence for himself and his family members, is included among the legal principles of labor regulation. It also follows from this norm that the state, represented by the authorized bodies, guarantees to each employee a fair amount of wages that ensures a worthy existence for him and his family members. This amount, as already noted, cannot be lower than the subsistence minimum for the worker himself and his family members. In Art. 2 of the Labor Code of the Russian Federation contains requirements-principles that all other norms of the Code must comply with, including Art. 421 of the Labor Code of the Russian Federation.

In connection with the foregoing, all law enforcers, including justices of the peace, judges of federal district (city) courts, legal labor inspectors, on the basis of Art. 7 of the Constitution of the Russian Federation, art. 23 of the Universal Declaration of Human Rights, Art. 7 of the International Covenant on Economic, Social and Cultural Rights, art. 2 of the Labor Code of the Russian Federation, at the request of employees receiving wages below the subsistence minimum, they are obliged to collect in their favor the amounts missing from the subsistence minimum.

The living wage is established by the Government of the Russian Federation in accordance with the Federal Law "On the living wage in the Russian Federation". However, according to the existing methodology, this minimum can be determined in each subject of the Russian Federation, and its value should become the basis for paying employees the minimum wage.

It cannot be overlooked that the inclusion of Art. 421 of the Labor Code of the Russian Federation into a codified regulatory legal act due to economic feasibility. However, in Art. 1 of the Constitution of the Russian Federation, Russia is proclaimed a legal state in which the law is in force - both the executive and the judiciary must obey legal regulations. If the executive power is not able to ensure the application of the rule of law, it must be replaced so that the law operates in the state, and not the economic expediency imposed on society by the executive and legislative power, including by including in the codified act Art. 421 of the Labor Code of the Russian Federation.

Therefore, the adoption of a special federal law for the recovery in favor of employees of wages in the amount of the living wage, as provided for in Art. 421 of the Labor Code of the Russian Federation is not required, since this issue is regulated by norms that have the highest legal force. The federal law should determine only the sources of payment of wages in the amount not lower than the subsistence minimum. For employees of private organizations, such a source is the funds of these organizations, for state employees - the funds of the relevant budget, in particular the federal, regional, local.

The next guarantee in the field of remuneration is the value of the minimum tariff rate (salary) for public sector employees. Federal Law "On Amending Article 1 of the Federal Law "On the tariff rate (salary) of the first category of the Unified tariff scale for remuneration of employees of public sector organizations" dated September 12, 2003, the value of the minimum tariff rate (salary) of public sector employees from October 1 2003 was also set at 600 rubles per month.However, for state employees, the minimum wage for the reasons stated cannot be less than the subsistence minimum.Therefore, when resolving disputes over wages, law enforcers should be guided by Articles 7, 15 of the Constitution of the Russian Federation, Article 23 of the Universal Declaration of Human Rights, Article 7 of the International Covenant on Economic, Social and Cultural Rights, Article 2 of the Labor Code of the Russian Federation, guaranteeing the receipt by public sector employees of all levels of wages in the amount not lower than the subsistence minimum.

As a state guarantee in the field of remuneration, measures are taken to ensure an increase in the level of the real content of wages. In accordance with Art. 134 of the Labor Code of the Russian Federation, ensuring the level of the real content of wages includes the indexation of wages in connection with an increase in consumer prices for goods and services. In organizations financed from the relevant budgets, indexation is carried out in the manner prescribed by laws and other regulatory legal acts, and in private organizations - in the manner prescribed by the collective agreement, agreements or local regulatory act of the organization. In accordance with the Law of the RSFSR "On the indexation of cash income and savings of citizens in the RSFSR" dated October 24, 1991, each employer is obliged to provide wage increases due to the rising cost of living. Accordingly, the employee has the right to increase wages in connection with the increase in the cost of living. As a guideline for such an increase, the price growth index in the constituent entity of the Russian Federation can be used. Organizations financed from the budget must carry out an increase in the level of wages in connection with an increase in consumer prices at the expense of the appropriate budget: federal, regional or local. Other organizations provide wage protection against inflation at their own expense. The absence in the organization of local acts on the increase in the level of wages in connection with the increase in the cost of living does not relieve the employer from fulfilling the obligation imposed on him by federal law to protect wages from inflation. In this case, the consumer price growth indices calculated by the authorized state bodies serve as the minimum set by the state.

As a guarantee of the state in the field of wages, the limitation of the list of grounds and amounts of deductions from wages by order of the employer, as well as the amount of taxation of wages, is called. In Art. 35 of the Constitution of the Russian Federation prohibits the deprivation of property, including part of wages, without a court decision. Therefore, the grounds and amount of deductions from the wages of employees can be determined in accordance with the law by agreement between the employer and the employee. Payroll taxation is the exclusive purview of the federal legislator. Therefore, other public authorities, in particular the constituent entities of the Russian Federation, cannot adopt rules on additional taxation of wages in comparison with federal laws.

The state guarantee in the field of remuneration is the restriction of remuneration in kind. This payment can take place only with the consent of the employee, in items not prohibited by law and not more than the part of wages specified in the law.

The state guarantee in the field of remuneration is the provision of an employee with wages in the event of termination of the employer's activities and its insolvency. Employees are privileged creditors of their employer in terms of wage collection. In this connection, they receive wages until they pay off their debts to other creditors.

As a guarantee in the field of wages, state control appears over the full and timely payment of wages and the implementation of state guarantees for wages.

In this connection, it is the responsibility of the state control bodies for compliance with labor legislation, in particular the state labor inspectorate, to ensure the full and timely payment of wages, as well as the implementation of other guarantees for wages, for example, to increase the real content of wages due to growth cost of living. Therefore, employees have the right to demand from these bodies to ensure the implementation of rights to wages.

The state guarantee is the responsibility of the employer for violation of the requirements of the law, labor contracts in the field of remuneration. Employers and their authorized representatives may be held criminally, administratively, materially and disciplinaryly liable for violating the right of employees to receive wages on time and in full.

The terms and order of payment of wages established in the legislation also act as a state guarantee. Each employer is obliged to comply with the terms of payment of wages established by federal law, their violation and may become a reason for bringing the employer, his authorized representatives to the measures of responsibility established by law. As already noted, in accordance with the law, employees are privileged creditors when receiving wages. Therefore, they should not be in line with other creditors of the employer, the priority can be determined between employees to whom the employer has wage arrears. Apparently, the legislation should include rules that exclude the possibility of receiving wages by the management personnel of the organization in case of non-payment of wages to other employees. The state should provide equal opportunities for timely and full receipt of wages. So getting paid individual workers in case of non-payment of wages to other employees of the organization, it should be considered as a violation of the law guaranteeing equality of rights and opportunities in receiving wages. Therefore, employees must receive wages on time, and if funds are insufficient, they must be distributed in equal proportions among all employees of the organization. In this case, it will be possible to conclude that the priority is observed when receiving wages, since all employees of the organization will be in an equal position, which is consistent with current legislation.

Textbook "Labor Law of Russia" Mironov V.I.

• labor law