Article of the labor code on wages. Labor Code of the Russian Federation: new approaches to wages. Who is not eligible for overtime work

Chapter 20. GENERAL PROVISIONS

Article 129. Basic concepts and definitions

Remuneration of labor - a system of relations related to ensuring the establishment and implementation by the employer of payments to employees for their work in accordance with laws, other regulatory legal acts, collective agreements, agreements, local regulations and labor contracts.

Salary - remuneration for work depending on the qualifications of the employee, the complexity, quantity, quality and conditions of the work performed, as well as compensation and incentive payments.

The minimum wage (minimum wage) is the amount of monthly wages guaranteed by federal law for the work of an unskilled worker who has fully worked out the norm of working hours when performing simple work in normal working conditions.

Tariff rate (salary) - a fixed amount of remuneration of an employee for the fulfillment of a labor norm (labor duties) of a certain complexity (qualification) per unit of time.

Tariffication of work - assignment of types of labor to tariff categories or qualification categories depending on the complexity of labor.

The tariff category is a value that reflects the complexity of the work and the qualifications of the employee.

Qualification category - a value that reflects the level of professional training of an employee.

Tariff scale - a set of tariff categories of work (professions, positions), determined depending on the complexity of the work and qualification characteristics workers with the help of tariff coefficients.

The tariff system is a set of standards by which the wages of employees are differentiated various categories.

Article 130

In the system of main state guarantees wages for employees include:

the minimum wage in Russian Federation;

the value of the minimum tariff rate (salary) of employees of organizations public sector in the Russian

Federations;

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 the employer's activities and its 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 this Code, laws, other regulatory legal acts, collective agreements, agreements;

terms and order of payment of wages.

Article 131. Forms of remuneration

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

In accordance with the collective agreement or employment contract 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 may not exceed 20 percent of the total amount of wages.

Payment of wages in the form of alcoholic beverages, narcotic, toxic, poisonous and harmful substances, weapons, ammunition and other items in respect of which prohibitions or restrictions on their free circulation have been established is not allowed.

Article 132. Payment according to work

The salary of each employee depends on his qualifications, the complexity of the work performed, the quantity and quality of the labor expended, and is not limited to a maximum amount.

Any discrimination in the establishment and change of wages and other conditions of remuneration is prohibited.

Chapter 21. WAGES

Article 133. Establishment of the minimum wage

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.

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 established by federal law.

When remuneration is based on the tariff system, the size of the tariff rate (salary) of the first category of the unified tariff scale cannot be lower than the minimum wage.

The amount of the minimum wage does not include additional payments and allowances, bonuses and other incentive payments, as well as payments for work in conditions that deviate from normal, for work in special climatic conditions and in territories exposed to radioactive contamination, other compensation and social payments.

The procedure for calculating the subsistence minimum and its value are established by federal law.

Article 134

Ensuring an increase in the level of the real content of wages includes the indexation of wages in connection with the growth of consumer prices for goods and services. In organizations financed from the relevant budgets, wage indexation is carried out in the manner prescribed by laws and other regulatory legal acts, and in other organizations - in the manner established by a collective agreement, agreements or local normative act organizations.

Article 135. Establishment of wages

Wage systems, tariff rates, salaries, various types of payments are established:

employees of organizations financed from the budget - by the relevant laws and other regulatory legal acts;

employees of organizations with mixed financing (budget financing and income from entrepreneurial activity) - laws, other regulatory legal acts, collective agreements, agreements, local regulations of organizations;

employees of other organizations - collective agreements, agreements, local regulations of organizations, labor contracts.

The system of remuneration and incentives for work, including an increase in pay for work at night, weekends and non-working holidays, overtime work and in other cases, is established by the employer, taking into account the opinion of the elected trade union body of this organization.

The terms of remuneration determined by an employment contract cannot be worsened in comparison with those established by this Code, laws, other regulatory legal acts, a collective agreement, agreements.

The terms of remuneration determined by the collective agreement, agreements, local regulations of the organization cannot be worsened in comparison with those established by this Code, laws and other regulatory legal acts.

Article 136. Procedure, place and terms of payment of wages

When paying wages, the employer must notify each employee in writing of constituent parts wages due to him for the relevant period, the amount and grounds for the deductions made, as well as the total amount of money to be paid.

The form of the pay slip is approved by the employer, taking into account the opinion of the representative body of employees.

Wages are paid to the employee, as a rule, at the place of performance of work by him or transferred to the bank account indicated by the employee on the terms determined by the collective agreement or labor contract.

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

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

Wages are paid at least every half a month on the day established by the organization's internal labor regulations, collective agreement, 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.

Holidays are paid no later than three days before the start of the holiday.

Article 137. Limitation of deductions from wages

Deductions from the employee's wages are made only in cases provided for by this Code and other federal laws.

Deductions from the employee's salary to pay off his debt to the employer can be made:

to reimburse the unworked advance payment issued to the employee on account of wages;

to pay off an unspent and not returned in a timely manner advance payment issued in connection with a business trip or transfer to another job in another area, as well as in other cases;

to return the amounts overpaid to the employee due to accounting errors, as well as the amounts overpaid to the employee, in the event that the body for the consideration of individual labor disputes recognizes the employee's guilt in failure to comply with labor standards (part three of Article 155) or simple (part three of Article 157);

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 specified in paragraphs 1, 2, subparagraph "a" of paragraph 3 and paragraph 4 of Article 81, paragraphs 1, 2, 5, 6 and 7 of Article 83 of this Code.

In the cases provided for in paragraphs two, three and four of part two of this article, the employer has the right to decide on deductions from the employee's wages no later than one month from the date of expiration of the period established for the return of the advance, repayment of debts or incorrectly calculated payments, and provided that if the employee does not dispute the grounds and amounts of deduction.

Wages overpaid to an employee (including in the event of incorrect application of laws or other regulatory legal acts) cannot be recovered from him, except in the following cases:

counting error;

if the body for the consideration of individual labor disputes recognizes the fault of the employee in failure to comply with labor standards (part three of Article 155) or idle time (part three of Article 157);

if wages were overpaid to the employee in connection with his illegal actions established by the court.

Article 138. Limitation of the amount of deductions from wages

The total amount of all deductions for each payment of wages may not exceed 20 percent, and in cases provided for by federal laws, 50 percent of the wages due to the employee.

When deducting from wages under several executive documents, the employee must in any case be retained 50 percent of wages.

The restrictions established by this article do not apply to deductions from wages when serving corrective labor, recovery of alimony for minor children, compensation for harm caused by the employer to the health of an employee, compensation for damage to persons who have suffered damage due to the death of the breadwinner, and compensation for damage caused by a crime. . The amount of deductions from wages in these cases cannot exceed 70 percent.

Deductions from payments that are not foreclosed in accordance with federal law are not allowed.

Article 139. Calculation of the average wage

For all cases of determining the size of the average wage provided for by this Code, a single procedure for its calculation is established.

To calculate the average wage, all types of payments provided for by the remuneration system used in the relevant organization, regardless of the sources of these payments, are taken into account.

In any mode of work, the calculation of the average salary of an employee is based on the salary actually accrued to him and the time he actually worked for the 12 months preceding the moment of payment.

Average daily earnings for vacation pay and compensation for unused vacations calculated for the last three calendar months by dividing the amount of accrued wages by 3 and by 29.6 (average monthly number of calendar days).

The average daily earnings for paying for vacations granted in working days, in the cases provided for by this Code, as well as for paying compensation for unused vacations, is determined by dividing the amount of accrued wages by the number of working days according to the calendar of the six-day working week.

The collective agreement may also provide for other periods for calculating the average wage, if this does not worsen the position of the employees.

Features of the procedure for calculating the average wage established by this article are determined by the Government of the Russian Federation, taking into account the opinion of the Russian tripartite commission for the regulation of social and labor relations.

Article 140

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 about the amounts due to the employee upon dismissal, the employer is obliged to pay the amount not disputed by him within the period specified in this article.

Article 141

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.

Article 142. Responsibility of the employer for violation of payment terms

wages and other amounts due to the employee

The employer and (or) authorized by him in in due course representatives of the employer who have delayed the payment of wages to employees and other violations of wages shall be liable in accordance with this Code and other federal laws.

In the event of a delay in the payment of wages for a period of more than 15 days, the employee has the right, by notifying the employer in writing, to suspend work for the entire period until the payment of the delayed amount. 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 country's defense and state security, emergency rescue, search and rescue, fire fighting, work to prevent or eliminate natural disasters and emergency situations, in law enforcement agencies;

civil servants;

in organizations directly serving especially dangerous types of production, equipment;

in organizations 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).

Article 143. Tariff system of remuneration

The tariff system of remuneration includes: tariff rates (salaries), tariff scale, tariff coefficients.

The complexity of the work performed is determined on the basis of their billing.

Tariffication of work and the assignment of tariff categories to employees are carried out taking into account a single tariff qualification handbook works and professions of workers, a unified qualification directory of positions of managers, specialists and employees. These reference books and the procedure for their application are approved in the manner established by the Government of the Russian Federation.

The tariff system for remuneration of employees of organizations financed from the budgets of all levels is established on the basis of a single tariff scale for remuneration of employees in the public sector, approved in the manner established by federal law, and which is a guarantee for the remuneration of employees in the public sector. The tariff system of remuneration of employees of other organizations may be determined by collective agreements, agreements, taking into account unified tariff and qualification reference books and state guarantees for remuneration.

Article 144. Stimulating payments

The employer has the right to establish various systems of bonuses, incentive payments and allowances, taking into account the opinion of the representative body of employees. These systems may also be established by a collective agreement.

The procedure and conditions for the use of incentive and compensation payments (additional payments, allowances, bonuses, and others) in organizations financed from federal budget, are established by the Government of the Russian Federation, in organizations financed from the budget of a constituent entity of the Russian Federation - by bodies state power of the corresponding subject of the Russian Federation, and in organizations financed from the local budget - by local governments.

Article 145

their deputies and chief accountants

The remuneration of the heads of organizations, their deputies and chief accountants in organizations financed from the federal budget is made in the manner and in the amount determined by the Government of the Russian Federation, in organizations financed from the budget of a constituent entity of the Russian Federation - by the state authorities of the corresponding constituent entity of the Russian Federation, and in organizations financed from the local budget - by local governments.

The wages of heads of other organizations, their deputies and chief accountants are determined by agreement of the parties to the employment contract.

Article 146. Remuneration for work in special conditions

The remuneration of labor of workers engaged in heavy work, work with harmful, dangerous and other special working conditions, is made at an increased rate.

The labor of workers employed in areas with special climatic conditions is also paid at an increased rate.

Article 147

The remuneration of labor of employees engaged in heavy work, work with harmful and (or) dangerous and other special working conditions is established at an increased rate in comparison with the tariff rates (salaries) established for various kinds works with normal working conditions, but not below the size established by laws and other regulatory legal acts.

The list of heavy work, work with harmful and (or) dangerous and other special working conditions is determined by the Government of the Russian Federation, taking into account the opinion of the Russian tripartite commission for the regulation of social and labor relations. An increase in wages on the specified grounds is carried out based on the results of attestation of workplaces.

Specific amounts of increased wages are established by the employer, taking into account the opinion of the representative body of employees or by a collective agreement, labor contract.

Article 148. Payment for labor at work in areas with special climatic conditions

Remuneration for work in areas with special climatic conditions is made in the manner and in amounts not lower than those established by laws and other regulatory legal acts.

Article 149

When performing work in working conditions that deviate from normal (when performing work of various qualifications, combining professions, working outside the normal working hours, at night, weekends and non-working holidays, etc.), the employee is paid the appropriate additional payments provided for by the collective agreement, labor contract. The amount of additional payments cannot be lower than those established by laws and other regulatory legal acts.

Article 150

When an employee with a time wage performs work of various qualifications, his work is paid for work of a higher qualification.

When an employee performs piecework labor of works of various qualifications, his labor is paid according to the rates of the work performed by him.

In cases when, taking into account the nature of production, employees with piecework wages are entrusted with the performance of work charged below the categories assigned to them, the employer is obliged to pay them the difference between the categories.

Article 151

An employee who performs for the same employer, along with his main job, stipulated by an employment contract, additional work in another profession (position) or performs the duties of a temporarily absent employee without being released from his main job, is paid an additional payment for combining professions (positions) or performing duties of a temporarily absent employee.

The amount of additional payments for combining professions (positions) or performing the duties of a temporarily absent employee are established by agreement of the parties to the employment contract.

Article 152. Remuneration for work outside the normal working hours

Overtime work is paid for the first two hours of work at least one and a half times, for subsequent hours - at least twice the amount. Specific amounts of payment for overtime work may be determined by a collective agreement or an employment contract. At the request of the employee, overtime work, instead of increased pay, may be compensated by providing additional rest time, but not less than the time worked overtime.

Part-time work outside the normal working hours is paid according to hours worked or output.

Article 153. Payment for work on weekends and non-working holidays

Work on weekends and non-working holidays is paid at least twice:

pieceworkers - at least at double piecework rates;

employees whose work is paid at daily and hourly rates - in the amount of at least double the daily or hourly rate; employees receiving a monthly salary - in the amount of at least a single daily or hourly rate in excess of the salary, if the work on a weekend and non-working holiday was carried out within the monthly norm of working hours, and in the amount of at least a double hourly or daily rate in excess of the salary, if the work produced in excess of the monthly norm.

At the request of an employee who worked on a weekend or non-working holiday, he may be granted another day of rest. In this case, work on a non-working holiday is paid in a single amount, and the day of rest is not subject to payment.

Remuneration of work on weekends and non-working holidays for creative workers of cinematography organizations, theaters, theater and concert organizations, circuses and other persons involved in the creation and (or) performance of works, professional athletes in accordance with the lists of professions established by the Government of the Russian Federation, taking into account the opinion Russian tripartite commission for the regulation of social and labor relations, may be determined on the basis of an employment contract, a collective agreement or a local regulatory act of the organization.

Article 154. Payment for work at night

Each hour of work at night is paid at an increased rate compared to work under normal conditions, but not lower than the rates established by laws and other regulatory legal acts.

The specific size of the increase is established by the employer, taking into account the opinion of the representative body of employees, the collective agreement, the labor contract.

Article 155 official duties)

In case of non-fulfillment of labor standards (official duties) due to the fault of the employer, payment is made for the time actually worked or the work performed, but not lower than the average salary of the employee calculated for the same period of time or for the work performed.

In case of non-fulfillment of labor standards (official duties) for reasons beyond the control of the employer and employee, the employee retains at least two-thirds of the tariff rate (salary).

In case of non-fulfillment of labor standards (official duties) due to the fault of the employee, payment of the normalized part of wages is made in accordance with the amount of work performed.

Article 156

Marriage through no fault of the employee is paid on a par with good products. Full marriage due to the fault of the employee is not subject to payment.

Partial marriage due to the fault of the employee is paid at reduced rates, depending on the degree of suitability of the product.

Article 157. Payment for idle time

Downtime (Article 74) due to the fault of the employer, if the employee warned the employer in writing about the beginning of downtime, is paid in the amount of at least two-thirds of the employee's average salary.

Downtime due to reasons beyond the control of the employer and employee, if the employee warned the employer in writing about the start of downtime, is paid in the amount of at least two-thirds of the tariff rate (salary).

Downtime due to the fault of the employee is not paid.

Article 158. Payment for labor in the development of new industries (products)

A collective agreement or an employment contract may provide for the retention of the employee's previous salary for the period of mastering a new production (product).

Chapter 22

Article 159. General provisions

Employees are guaranteed:

state assistance to the systemic organization of labor rationing;

the use of labor rationing systems determined by the employer, taking into account the opinion of the elected trade union body or established by the collective agreement.

Article 160. Labor standards

Labor norms - norms of production, time, service - are established for workers in accordance with the achieved level of technology, technology, organization of production and labor.

Labor standards may be revised as they are improved or implemented new technology, technology and carrying out organizational or other measures that ensure the growth of labor productivity, as well as in the case of the use of physically and morally obsolete equipment.

Achieving a high level of product development (rendering services) individual workers through the use of new methods of labor and improvement of workplaces on their initiative is not a basis for revising previously established labor standards.

Article 161. Development and approval of model labor standards

For homogeneous work, standard (intersectoral, professional and other) labor standards can be developed and established. Model labor standards are developed and approved in the manner established by the Government of the Russian Federation.

Article 162. Introduction, replacement and revision of labor standards

Local regulations providing for the introduction, replacement and revision of labor standards are adopted by the employer, taking into account the opinion of the representative body of employees.

Employees must be notified of the introduction of new labor standards no later than two months in advance.

Article 163

The employer is obliged to provide normal conditions for the employees to fulfill the production standards. These conditions include, in particular:

good condition of premises, structures, machines, technological equipment and equipment;

timely provision of technical and other documentation necessary for work;

proper quality of materials, tools, other means and items necessary for the performance of work, their timely provision to the employee;

working conditions that meet the requirements of labor protection and production safety.

1. Article 129 of the Labor Code of the Russian Federation defines the basic concepts used in Ch. 20 and 21 TK.

Compensation for work (performing labor function in accordance with the concluded employment contract) according to the definition given in the commented article consists of three parts: the main (tariff), compensatory and incentive.

The main part of the salary, sometimes called the tariff, is calculated on the basis of the criteria established by the Labor Code. These are the qualifications of the employee, the complexity, quantity, quality and conditions of the work performed.

Wages are paid to the employee for the fulfillment of labor standards established in accordance with the law (Articles 159 - 162 of the Labor Code). Labor standards essentially determine the amount of labor an employee must provide to an employer. The universal measure of the quantity of labor is work time, although other quantities can be used, such as daily output.

Remuneration of labor in accordance with its quantity means that the employee is paid for all the labor provided by him. For example, if an employee was involved in overtime work within a month, not only work within the normal working hours is paid, but also additional (overtime) work. On the contrary, if the employee was absent from work, only the time actually worked is paid.

The quality of labor - the second most important criterion for determining wages - characterizes its complexity, responsibility, tension, heaviness, independence.

Spread in last years the opinion that the mention of the quality of labor means the absence of marriage in work (conscientious performance by the employee of his labor duties) is not consistent with the economic doctrine that introduced this term into circulation. The quality of labor as opposed to quantity is a characteristic of its content side. It is taken into account when setting wages even before the start of labor activity specific employee and does not reflect the attitude of the employee to the performance of his duties.

The quality of labor is manifested primarily in its complexity - the level of tasks performed by the employee. The complexity of work can be judged by the name of the specialty, position: there are specialties, the performance of work in which requires initial, secondary or higher professional training; positions can be characterized by the presence of categories (doctor of category I, the highest category etc.) or an indication of the degree of responsibility and independence of the work performed (junior Researcher, researcher, senior researcher, etc.).

The complexity of labor corresponds to the qualifications of the worker required to perform the relevant work. Thus, the criteria for wages identified by the legislator overlap to a certain extent. At the same time, it is important to remember that the qualification of an employee is taken into account only when it is necessary to perform the work assigned to him. For example, when a highly skilled worker enters into an employment contract for the performance of unskilled work, the amount of his salary is determined by the complexity of the work he performs, and not by his qualifications, which in this case does not matter.

In addition, both the complexity of labor and the qualifications of the employee are elements that characterize the quality of labor. Given that the quality of work is also indicated as a criterion for determining wages, it would be sufficient to provide that remuneration for work is determined in accordance with its quantity and quality.

The legislator names the conditions of the work performed as the last criterion for determining the main part of wages. This is a really important criterion, but it is more important for the second - compensatory - part of wages, since tariff rates and salaries are relatively rarely set taking into account working conditions.

2. As the second component of remuneration, the Code recognizes compensation payments. These payments are intended to compensate adverse effect harmful production factors, climatic conditions or additional load (labor costs).

Article 129 of the Labor Code of the Russian Federation classifies additional payments and allowances of a compensatory nature as compensation payments, incl. for work in conditions that deviate from normal. When applying this norm, it should be remembered that not all rules for remuneration in conditions that deviate from normal establish compensation payments(See commentary to Art. 149).

Compensatory payments of the Ministry of Health and Social Development of Russia include:

1) payments to employees engaged in heavy work, work with harmful and (or) dangerous and other special working conditions;
2) payments for work in areas with special climatic conditions;
3) payments for work in conditions deviating from normal (when performing work of various qualifications, combining professions (positions), overtime work, work at night);
4) allowances for work with information constituting a state secret, their classification and declassification, as well as for work with ciphers (List of types of compensation payments in federal budget institutions, approved by Order of December 29, 2007 N 822, registered with the Ministry of Justice of Russia on February 4, 2008 N 11081 // RG. 2008. No. 30).

Compensatory payments are made for work in areas affected by radioactive contamination. Among the compensatory surcharges, there is also a surcharge for leading a team, for multi-shift work, for work on a rotational basis, for dividing the working day into parts, etc.

Analyzing compensation payments, it is necessary to distinguish them (which are part of wages and directly related to the performance of the labor function) from the compensation provided for in Ch. 23 TK. In accordance with Art. 164 of the Labor Code, compensations are monetary payments established in order to reimburse employees for the costs associated with the performance of labor or other duties provided for by the Code and other federal laws. As compensation, in particular, the reimbursement of expenses associated with a business trip (for travel, for renting a dwelling, etc.) is named (Articles 167, 168 of the Labor Code).

The Labor Code also mentions compensations for workers engaged in hard work and work with harmful and (or) hazardous conditions labor (Article 219 of the Labor Code). In this context, the term "compensation" has the broadest meaning and refers to all measures designed to compensate for the adverse effects of the severity or conditions of work. Such compensations include additional leave (Article 116 of the Labor Code), therapeutic and preventive nutrition (milk) provided to employees employed in jobs with harmful working conditions (Article 222 of the Labor Code), as well as additional payments (increased tariff rates) to employees employed in hard work, work with harmful and (or) dangerous and other special working conditions (Article 147 of the Labor Code).

Thus, compensation payments for hard work, work with harmful and (or) dangerous and other special working conditions are part of the compensation that ensures labor protection.

It is necessary to pay attention to the impossibility of clearly delimiting the main (tariff) part of the salary from the compensatory one due to the fact that the accounting for working conditions is carried out either by increasing the tariff rate, salary (official salary), or by establishing an additional payment of a compensatory nature.

3. The third part of the salary is incentive payments (additional payments and allowances of a stimulating nature, bonuses and other incentive payments). The Ministry of Health and Social Development of Russia refers to such payments:

1) payments for intensity and high performance;
2) payments for the quality of work performed;
3) payments for continuous work experience, length of service;
4) bonus payments based on the results of work (List of types of incentive payments in federal budgetary institutions, approved by Order of December 29, 2007 N 818, registered with the Ministry of Justice of Russia on February 1, 2008 N 11080 // RG. 2008. N 28) .

The list proposed by the Ministry of Health and Social Development of Russia does not take into account various types of bonuses that can be established at different intervals (monthly, quarterly, annual) and for the performance of various indicators (groups of indicators).

4. The tariff rate, enshrined in Part 3 of Article 129 of the Labor Code of the Russian Federation, is one of the elements of the tariff system. The concept of the tariff rate, given in Art., emphasizes the relationship between the size of the tariff rate and the complexity of the work (the qualifications of the employee). However, the size of the tariff rate also depends on the intensity of labor, and in some cases - on working conditions.

The tariff rate is set for the fulfillment of the labor norm per unit of time. There are hourly, daily, monthly tariff rates.

The tariff rate is the tariff (basic) part of wages, excluding compensation, incentives and social payments.

Social payments include payments that are due to the existence of an employment relationship between the employee and the employer, but do not directly depend on the quantity and quality of labor. As a rule, such payments are provided for by collective agreements, agreements or local regulations. Thus, the Instruction on the composition of the wage fund and social payments when organizations fill out forms of federal state statistical observation, approved by Decree of the State Statistics Committee of Russia dated November 24, 2000 N 116, determined that social payments include payments related to social benefits provided to employees, in particular for treatment, rest, travel, employment (without benefits from state social non-budgetary funds ). This approach can still be applied today. This Instruction referred to social payments, in particular, lump-sum benefits (payments, remunerations) upon retirement, additional payments to pensions for working pensioners at the expense of the organization, insurance payments (contributions) paid by the organization under contracts of personal, property and other voluntary insurance in favor of employees (except for compulsory state personal insurance), insurance payments (contributions) paid by the organization under voluntary medical insurance contracts for employees and members of their families, expenses for paying healthcare institutions for services provided to employees, payment for vouchers for employees and members of their families for treatment, rest, excursions, travel (except for those issued at the expense of state social non-budgetary funds), payment for subscriptions to health groups, classes in sports sections, payment for prosthetics and other similar expenses, payment for subscriptions to newspapers, magazines, payment for communication services for personal purposes x, reimbursement of employees' fees for keeping children in preschool institutions, the cost of gifts and tickets to entertainment events for the children of employees at the expense of the organization, payment for the cost of travel documents to and from the place of work, etc.

5. The salary (official salary), as well as the tariff rate, is associated with the performance of a certain measure of labor of the established complexity, but is always set on a monthly basis.

The composition of the salary does not include compensatory, incentive and social payments.

6. The Labor Code introduces the concept of a base salary (basic official salary), a basic wage rate. This concept is used only in state or municipal institutions and acts as a guarantee for employees of a certain professional group: below the base salary, the salary of the employee cannot be set.

Part 5 of Article 129 of the Labor Code of the Russian Federation introduces the definition of the base salary. The value of the base salary ensures the establishment of fair wages within one professional qualification group, the prevention of unreasonable differentiation of wages for employees of state and municipal institutions and, most importantly, the impossibility of an arbitrary reduction in the main part of wages for each professional qualification group.

New edition Art. 136 Labor Code of the Russian Federation

When paying wages, the employer must notify each employee in writing of:

1) on the components of wages due to him for the relevant period;

2) on the amounts of other amounts accrued to the employee, including monetary compensation for violation by the employer of the established deadline, respectively, for the payment of wages, vacation pay, payments upon dismissal and (or) other payments due to the employee;

3) on the amount and grounds for the deductions made;

4) on the total amount of money to be paid.

The form of the payslip is approved by the employer, taking into account the opinion of the representative body of employees in the manner established for the adoption of local regulations.

Wages are paid to the employee, as a rule, at the place of work or transferred to the credit institution specified in the employee's application, on the terms determined by the collective agreement or labor contract. The employee has the right to change the credit institution to which the wages are to be transferred by informing the employer in writing about the change in the details for the transfer of wages no later than fifteen calendar days before the day of payment of wages.

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

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 at least every half a month. The specific date for the payment of wages is established by the internal labor regulations, the collective agreement or the employment contract no later than 15 calendar days from the end of the period for which it is accrued.

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.

Commentary on Article 136 of the Labor Code of the Russian Federation

Conditions of remuneration, such as the place and timing of payment of wages, are essential conditions labor contract. It follows from .

As already mentioned, this information may not be included in the employment contract with a specific employee if they are generally established for most employees of the enterprise and are enshrined in a collective agreement or other local regulatory act.

In this case, it is enough to make a reference to such a document in the employment contract.

In addition, the clause of the employment contract regarding the conditions of remuneration must necessarily contain information about the form in which remuneration is made: in cash or in a combination of monetary and non-monetary forms. The condition must also be stipulated in what form the payment is made - in cash, that is, through the cash desk of the enterprise, or by transferring to the employee's bank account.

According to the general rule established by Article 136 of the Labor Code of the Russian Federation, wages are paid to the employee at the place of work or transferred to the bank account indicated by the employee on the terms determined by the collective or labor agreement.

The obligation of the employer to pay wages at the place of work is especially relevant for employees of those organizations structural units which are geographically located in different places. This obligation is to organize the payment of wages to each employee in the place where he performs his labor duties.

The legislation also allows the possibility of transferring wages to a bank account. To do this, you need a statement from the employee indicating the bank account to which wages will be transferred.

Note that this form of payment is voluntary for employees. The transfer of wages to the employee's bank account is possible after the conclusion of a bank account agreement between the employee and the bank.

On the procedure for taking into account the opinion of the elected trade union body representing the interests of workers, see to it.

5. The place of payment of wages to an employee, as a rule, is the place where he performs his work. It is determined by the local normative act of the organization (as a rule, the internal labor regulations) or the collective agreement.

Article 13 of ILO Convention No. 95 prohibits the payment of wages in taverns or other similar establishments, and, if necessary to prevent abuse, in shops retail and in places of entertainment, except in cases where wages are paid to persons working in such institutions.

6. A collective agreement or an employment agreement may provide for the transfer of wages to the bank account indicated by the employee. An application for the transfer of wages to a bank account can also be made by an employee at any time after the conclusion of an employment contract. The terms of the transfer are determined in the collective agreement or in the employment contract. As a rule, the transfer costs are borne by the employer.

7. If wages are paid in non-monetary form, the place and terms of its payment are specially established in the collective agreement or in the employment contract. In this case, the restrictions established by ILO Convention N 95 also apply. Along with this, it is necessary to establish in the collective agreement or in the employment contract also the procedure for such payments (for example, delivery of the relevant goods to the employee's home, provision of transport or self-pickup).

8. As a general rule, wages are paid directly to the worker. A different procedure may be provided for in the employment contract. In addition, an employee may entrust the receipt of his wages to another person by proxy (for example, in connection with a long business trip or for other reasons).

Full text of Art. 136 of the Labor Code of the Russian Federation with comments. New current edition with additions for 2019. Legal advice under article 136 of the Labor Code of the Russian Federation.

When paying wages, the employer must notify each employee in writing of:
1) on the components of wages due to him for the relevant period;
2) on the amounts of other amounts accrued to the employee, including monetary compensation for violation by the employer of the established deadline, respectively, payment of wages, vacation pay, payments upon dismissal and (or) other payments due to the employee;
3) on the amount and grounds for the deductions made;
4) on the total amount of money to be paid.

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 this Code for the adoption of local regulations.

Wages are paid to the employee, as a rule, at the place of work or transferred to the credit institution specified in the employee's application, on the terms determined by the collective agreement or labor contract. The employee has the right to change the credit organization to which the wages are to be transferred by notifying the employer in writing of the change in the details for the transfer of wages no later than five working days before the day of payment of wages.
The place and terms of payment of wages in non-monetary form are determined by a collective agreement or an employment contract.

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 at least every half a month on the day established by the internal labor regulations, collective agreement, labor contract.
For certain categories of employees, federal law may establish other terms for the payment of wages.

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.

Commentary on Article 136 of the Labor Code of the Russian Federation

1. General rules for the payment of wages are regulated by Article 136 of the Labor Code of the Russian Federation.

Part 1 of the commented article obliges the employer to notify each employee in writing:
- on the constituent parts of the wages due to him for the relevant period;
- on the amounts of other amounts accrued to the employee;
- on the amount and grounds for the deductions made;
- about the total amount of money to be paid.

The notification is carried out by issuing a pay slip, the form of which is approved by the employer, taking into account the opinion of the representative body of employees.

The list of information established by part 1 of the commented article is mandatory for inclusion in the payslip.

We also note that the Decree of the State Statistics Committee of Russia dated January 5, 2004 N 1 approved unified forms of primary accounting documentation for accounting for labor and its payment, including forms of payroll, payroll, payroll, payroll registration journal. However, from January 1, 2013, these forms are not mandatory for use (see the information of the Ministry of Finance of Russia N PZ-10/2012 "On the entry into force on January 1, 2013 of the Federal Law of December 6, 2011 N 402-FZ" On accounting ").

2. As a general rule, wages are paid to the employee at the place where he performs work, that is, directly at the location of his workplace, determined by the employment contract. At the same time, the payment of wages can be transferred to the credit institution indicated in the employee's application.

It should be noted that in accordance with the Federal Law of November 4, 2014 N 333-FZ "On Amendments to Certain Legislative Acts of the Russian Federation with regard to the Exclusion of Provisions Establishing Benefits for Certain Economic Entities", part 3 of the commented article was supplemented by a provision in according to which the employee is granted the right to replace the credit institution to which the wages are to be transferred, informing the employer in writing about the change in the details for the transfer of wages no later than five working days before the day of payment of wages. This provision, on the one hand, guarantees the right of the employee to freely choose and replace the credit institution to which his salary is transferred. On the other hand, a guarantee is established for the employer to notify him of a change by an employee of a credit institution, moreover, within a period that allows making the necessary changes in the relevant accounting documents.

The terms of the transfer are determined in the collective agreement or in the employment contract. The place and terms of payment of wages in non-monetary form are also determined by the collective agreement or labor contract.

3. According to Art. 5 of ILO Convention No. 95 "Regarding the Protection of Wages" (1949), wages will be paid directly to the worker concerned, unless national law, collective agreement or arbitration award otherwise provides, and unless the worker concerned agrees to another method.

In the Labor Code of the Russian Federation, a similar provision is provided for in Part 5 of Art. 136 of the Labor Code of the Russian Federation, which establishes that wages are paid directly to the employee.

An exception to this rule are cases where another method of payment is provided for by federal law or an employment contract.

The Constitutional Court of the Russian Federation indicated that the norms of Parts 3 and 5 of Art. 136 of the Labor Code of the Russian Federation are guarantees for the implementation of the right of the employee, enshrined in the Labor Code of the Russian Federation, to timely and in full payment of wages. Provisions of Part 3, 5 of Art. 136 of the Labor Code of the Russian Federation are aimed at ensuring the coordination of the interests of the parties to the employment contract when determining the rules for the payment of wages, at creating conditions for the unhindered receipt of it personally by the employee in a way convenient for him, which corresponds to the provisions of ILO Convention No. 143-O).

4. In accordance with Part 6 of Art. 136 of the Labor Code of the Russian Federation, wages are paid at least every half a month on the day established by the internal labor regulations, the collective agreement, the employment contract. The Labor Code of the Russian Federation does not establish specific terms for the payment of wages, as well as the size of the advance payment.

In the letter of Rostrud of September 8, 2006 N 1557-6 "Accounting advances on wages" it is indicated that, taking into account the provisions of the Decree of the Council of Ministers of the USSR of May 23, 1957 N 566 "On the procedure for paying wages to workers for the first half of the month", which is valid in the part that does not contradict the Labor Code of the Russian Federation, the specific terms for paying wages, including the advance payment (specific dates of the calendar month), as well as the amount of the advance payment, should be determined by the internal labor regulations, the collective agreement, the labor contract. Thus, in addition to the formal fulfillment of the requirements of Art. 136 of the Labor Code of the Russian Federation on the payment of wages at least 2 times a month, the employer, when determining the amount of the advance payment, should take into account the time actually worked by the employee (actual work performed).

A different period for the payment of wages can be established for certain categories of workers only by federal law (part 7 of article 136 of the Labor Code of the Russian Federation). For example, upon termination of an employment contract, payment of all amounts due to the employee from the employer is made on the day the employee leaves. 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.

If the day of the salary coincides with a weekend or non-working holiday, it is paid on the eve of this day.

Holidays are paid no later than 3 days before the start of the holiday.

For the delay by the employer in the payment of wages and other payments due to the employee, liability is provided.

So, if the employer violates the established deadline for paying wages, vacation pay, dismissal payments and (or) other payments due to the employee, the employer is obliged to pay them with the payment of interest (monetary compensation) in the amount of not less than one three hundredth of the current refinancing rate Central Bank RF from the amounts not paid on time for each day of delay starting from the next day after the due date of payment up to the day of actual settlement inclusive.

Another commentary on Art. 136 Labor Code of the Russian Federation

1. The commented article introduces the obligation of the employer to issue a payslip to the employee, which should contain the following information:

a) on the structure of wages (established salary, tariff rate, allowances, additional payments, incentive payments, payments for work in special conditions, bonuses);

b) on the amounts of other amounts accrued to the employee (included in the wage system, but not reflected in other sections of the payslip, for example, amounts of monetary compensation for delayed payment of wages);

c) on the amount and grounds for deductions made (for tax with individuals; recovery of alimony and other amounts on the basis of court decisions; reimbursement of unearned advance wages; repayment of unspent and unreturned advance payment; refund of overpaid amounts; compensation for material damage caused to the employer; repayment of a loan issued by the employer; order of the employee, etc.);

d) the total amount to be paid.

2. The form of the pay slip is approved by the employer, taking into account the opinion of the representative body of employees. The use of a pay slip form not approved by the employer in the prescribed manner entails administrative liability under Art. 5.27 of the Code of Administrative Offenses (see also Decree of the Supreme Court of the Russian Federation of December 23, 2010 N 75-AD10-3).

3. The place of payment of wages to an employee, as a rule, is the place where he performs his work. It is determined by the local normative act of the organization (as a rule, the internal labor regulations) or the collective agreement.

Article 13 of ILO Convention No. 95 on the Protection of Wages (adopted at Geneva on 1 July 1979) prohibits the payment of wages in taverns or other similar establishments, and, if necessary, to prevent abuse, in retail stores and places entertainment, except in cases where wages are paid to persons working in such institutions.

4. A collective agreement or an employment agreement may provide for the transfer of wages to the bank account indicated by the employee. An application for the transfer of wages to a bank account can be made by an employee at any time after the conclusion of an employment contract. The terms of the transfer are determined in the collective agreement or in the employment contract. As a rule, the transfer costs are borne by the employer.

5. If wages are paid in non-monetary form, the place and terms of its payment are specially established in the collective agreement or in the employment contract. In this case, the restrictions established by the said ILO Convention also apply. Along with this, the collective agreement or employment contract must establish the procedure for such payments (for example, the delivery of the relevant goods to the employee's home, the provision of transport for him or self-delivery).

6. As a general rule, wages are paid directly to the worker. A different procedure may be provided for in the employment contract. In addition, an employee may entrust the receipt of his wages to another person by proxy (for example, in connection with a long business trip or for other reasons).

7. Civil Code in Art. 30 establishes that if a citizen abuses alcohol or drugs or is addicted to gambling and thereby puts his family in a difficult financial situation, the court may recognize him as having limited legal capacity. A person recognized by a court as having limited legal capacity cannot independently receive wages and dispose of them without the consent of the trustee appointed to him. In this case, wages are issued to the trustee on the basis of his trustee's certificate or to the employee on the basis of the written consent of the trustee.

8. Wages must be paid at least every half a month. The establishment in collective agreements or local regulations of other terms (for example, once a month) violates this requirement of the law.

The legislation considers the payment of wages for the first half of the month not as an advance, but as wages for the past period, so its amount should be determined according to general rules, i.e. depending on the amount of time worked in the first half of the month, and cannot be less than the amount calculated on the basis of the tariff rate, salary and time worked in the first half of the month (see also decision of the Supreme Court of the Russian Federation of November 19, 2007 N GKPI07-961).

9. The date of payment of wages is established in the internal labor regulations, in a collective agreement or in an employment contract. Arbitrary establishment of this date by the employer is illegal. At the same time, the internal regulations, the collective agreement and the employment contract may also establish a different frequency of payment of wages - more often than twice a month, but also on the dates specified by these acts.

If the day of payment of wages coincides with a weekend or non-working holiday, then the payment must be made the day before.

If the day of payment of wages coincides with the second day off in a five-day working week (for example, on Sunday), wages must be paid on the eve of the first day off (on Friday).

If the day of payment of wages coincides with a non-working holiday following the day off (weekends), wages must be paid on the eve of the day off (weekends).

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(as amended by Federal Law No. 122-FZ of 22.08.2004)

The procedure and terms for a phased increase in the minimum wage to the amount provided for in part one of this article are established by federal law (Article 421 of this document).

The minimum wage is established simultaneously throughout the territory of the Russian Federation by federal law and cannot be lower than the subsistence minimum for the able-bodied population.

The minimum wage established by federal law is ensured by:

organizations financed from the federal budget - at the expense of the federal budget, extra-budgetary funds, as well as funds received from entrepreneurial and other income-generating activities;

(as amended by Federal Law No. 54-FZ of April 20, 2007)

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

(as amended by Federal Laws No. 90-FZ of 30.06.2006, No. 54-FZ of 20.04.2007)

Part four became invalid on September 1, 2007. - Federal Law of April 20, 2007 N 54-FZ.

Article 133.1. Establishing the amount of the minimum wage in the constituent entity of the Russian Federation

(Introduced by Federal Law No. 54-FZ of April 20, 2007)

In a constituent entity of the Russian Federation, a regional agreement on minimum wages may establish the amount of the minimum wage in a constituent entity of the Russian Federation.

The amount of the minimum wage in a constituent entity of the Russian Federation may be established for employees working in the territory of the corresponding constituent entity of the Russian Federation, with the exception of employees of organizations financed from the federal budget.

The amount of the minimum wage in a constituent entity of the Russian Federation is established taking into account the socio-economic conditions and the subsistence level of the able-bodied population in the corresponding constituent entity of the Russian Federation.

The minimum wage in a constituent entity of the Russian Federation may not be lower than the minimum wage established by federal law.

The amount of the minimum wage in a constituent entity of the Russian Federation is ensured by:

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, extra-budgetary funds, as well as funds received from entrepreneurial and other income-generating activities;

organizations financed from local budgets - at the expense of local budgets, extra-budgetary funds, as well as funds received from entrepreneurial and other income-generating activities;

other employers - at their own expense.

The development of a draft regional agreement on minimum wages and the conclusion of this agreement are carried out by the tripartite commission for the regulation of social and labor relations of the relevant subject of the Russian Federation in the manner prescribed by Article 47 of this Code.

After the conclusion of a regional agreement on the minimum wage, the head of the authorized executive body of a constituent entity of the Russian Federation invites employers operating in the territory of this constituent entity of the Russian Federation and who did not participate in the conclusion of this agreement to join it. This proposal is subject to official publication along with the text of this agreement. The head of the authorized executive body of the constituent entity of the Russian Federation notifies the federal executive body responsible for the development of public policy and legal regulation in the sphere of labor.

If employers operating in the territory of the relevant subject of the Russian Federation, within 30 calendar days from the date of the official publication of the proposal to join the regional agreement on minimum wages, have not submitted to the authorized executive body of the subject of the Russian Federation a reasoned written refusal to join it, then the specified the agreement is considered extended to these employers from the date of the official publication of this proposal and is subject to mandatory execution by them. This refusal must be accompanied by a protocol of consultations between the employer and the elected body of the primary trade union organization uniting the employees of this employer, and proposals on the timing of raising the minimum wage of employees to the amount provided for by the specified agreement.

If the employer refuses to join the regional minimum wage agreement, the head of the authorized executive body of the constituent entity of the Russian Federation has the right to invite representatives of this employer and representatives of the elected body of the primary trade union organization uniting employees of this employer for consultations with the participation of representatives of the parties to the tripartite commission on regulation social and labor relations of the corresponding subject of the Russian Federation. Representatives of the employer, representatives of the elected body of the primary trade union organization and representatives of the specified tripartite commission are obliged to take part in these consultations.

Copies of written refusals of employers to join the regional minimum wage agreement are sent to authorized body executive power of the constituent entity of the Russian Federation to the appropriate territorial body of the federal executive body authorized to exercise federal state supervision over compliance with labor laws and other regulatory legal acts containing norms labor law.

(as amended by Federal Law No. 242-FZ of July 18, 2011)

Monthly salary of an employee working in the territory of the corresponding subject of the Russian Federation and consisting of labor relations with an employer in respect of which a regional agreement on the minimum wage is in force in accordance with parts three and four of Article 48 of this Code or for which the said agreement has been extended in accordance with the procedure established by parts six to eight of this Article, cannot be lower than the amount of the minimum wage in this subject of the Russian Federation, provided that the specified employee has fully worked out the norm of working hours for this period and fulfilled labor standards (labor duties).

Article 134

Ensuring an increase in the level of the real content of wages includes the indexation of wages in connection with the growth of consumer prices for goods and services. 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.

Article 135. Establishment of wages

(As amended by Federal Law No. 90-FZ dated June 30, 2006)

The salary of an employee is established by an employment contract in accordance with the remuneration systems in force at the given employer.

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

The Russian tripartite commission for the regulation of social and labor relations annually until it is included in State Duma The Federal Assembly of the Russian Federation of the draft federal law on the federal budget for the next year develops uniform recommendations on the establishment at the federal, regional and local levels of wage systems for employees of organizations financed from the relevant budgets. These recommendations are taken into account by the Government of the Russian Federation, executive authorities of the constituent entities of the Russian Federation and local governments when determining the amount of funding for healthcare, education, science, culture and other public sector institutions. If the parties to the Russian tripartite commission for the regulation of social and labor relations have not reached an agreement, these recommendations are approved by the Government of the Russian Federation, and the opinion of the parties of the Russian tripartite commission for the regulation of social and labor relations is communicated to the constituent entities of the Russian Federation by the Government of the Russian Federation.

(as amended by Federal Law No. 54-FZ of April 20, 2007)

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 labor legislation and other regulatory legal acts containing labor law norms, a collective agreement, agreements, local regulations.

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

Article 136. Procedure, place and terms of payment of wages

When paying wages, the employer must notify each employee in writing of:

1) on the components of wages due to him for the relevant period;

2) on the amounts of other amounts accrued to the employee, including monetary compensation for violation by the employer of the established deadline, respectively, payment of wages, vacation pay, payments upon dismissal and (or) other payments due to the employee;

3) on the amount and grounds for the deductions made;

4) on the total amount of money to be paid.

(part one as amended by Federal Law No. 35-FZ of April 23, 2012)

(As amended by Federal Law No. 90-FZ dated June 30, 2006)

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

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

(As amended by Federal Law No. 90-FZ dated June 30, 2006)

Wages are paid at least every half a month on the day established by the internal labor regulations, collective agreement, labor contract.

(As amended by Federal Law No. 90-FZ dated June 30, 2006)

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.

Article 137. Limitation of deductions from wages

Deductions from the employee's wages are made only in cases provided for by this Code and other federal laws.

Deductions from the employee's salary to pay off his debt to the employer can be made:

to reimburse the unworked advance payment issued to the employee on account of wages;

to pay off an unspent and not returned in a timely manner advance payment issued in connection with a business trip or transfer to another job in another area, as well as in other cases;

to return the amounts overpaid to the employee due to accounting errors, as well as the amounts overpaid to the employee, in the event that the body for consideration of individual labor disputes recognizes the fault of the employee in failure to comply with labor standards (part three of Article 155 of this Code) or simple (part three of Article 157 of this of the Code);

(As amended by Federal Law No. 90-FZ dated June 30, 2006)

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 the first part of Article 77 or paragraphs 1, 2 or 4 of the first part of Article 81, paragraphs 1, 2, 5, 6 and 7 of Article 83 of this Code.

(As amended by Federal Law No. 90-FZ dated June 30, 2006)

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 the following cases:

(As amended by Federal Law No. 90-FZ dated June 30, 2006)

counting error;

if the body for the consideration of individual labor disputes recognizes the fault of the employee in failure to comply with labor standards (part three of Article 155 of this Code) or simple (part three of Article 157 of this Code);

(As amended by Federal Law No. 90-FZ dated June 30, 2006)

if wages were overpaid to the employee in connection with his illegal actions established by the court.

Article 138. Limitation of the amount of deductions from wages

The total amount of all deductions for each payment of wages may not exceed 20 percent, and in cases provided for by federal laws, 50 percent of the wages due to the employee.

When deducting from wages under several executive documents, the employee must in any case be retained 50 percent of wages.

The restrictions established by this article 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 a breadwinner, and compensating for damage caused by a crime. . The amount of deductions from wages in these cases cannot exceed 70 percent.

(As amended by Federal Law No. 90-FZ dated June 30, 2006)

Deductions from payments that are not foreclosed in accordance with federal law are not allowed.

Article 139. Calculation of the average wage

For all cases of determining the amount of average wages (average earnings) provided for by this Code, a single procedure for its calculation is established.

(As amended by Federal Law No. 90-FZ dated June 30, 2006)

To calculate the average wage, all types of payments provided for by the remuneration system applied by the relevant employer, regardless of the sources of these payments, are taken into account.

(As amended by Federal Law No. 90-FZ dated June 30, 2006)

In any mode of work, the calculation of the average salary of an employee is made on the basis of the salary actually accrued to him and the time he actually worked for the 12 calendar months preceding the period during which the employee retains the average salary. In this case, the calendar month is the period from the 1st to the 30th (31st) day of the corresponding month inclusive (in February - to the 28th (29th) day inclusive).

(As amended by Federal Law No. 90-FZ dated June 30, 2006)

The average daily earnings for vacation pay and compensation for unused vacation are calculated for the last 12 calendar months by dividing the amount of accrued wages by 12 and by 29.4 (average monthly number of calendar days).

(As amended by Federal Law No. 90-FZ dated June 30, 2006)

The collective agreement, local normative act may also provide for other periods for calculating the average wage, if this does not worsen the position of employees.

(As amended by Federal Law No. 90-FZ dated June 30, 2006)

Article 140

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

Article 141

Article 142

The employer and (or) representatives of the employer duly authorized by him, who have allowed delays in the payment of wages to employees and other violations of wages, shall be liable in accordance with this Code and other federal laws.

(As amended by Federal Law No. 90-FZ dated June 30, 2006)

during periods of introduction of martial law, a state of emergency or special measures in accordance with the legislation on a state of emergency;

civil servants;

in organizations directly serving especially dangerous types of production, equipment;

employees whose labor duties include the performance of 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).

(As amended by Federal Law No. 90-FZ dated June 30, 2006)

During the period of suspension of work, the employee has the right to be absent from the workplace during his working hours.

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.

Article 143. Tariff systems of remuneration

(As amended by Federal Law No. 90-FZ dated June 30, 2006)

Tariff systems of wages - systems of wages based on the tariff system of differentiation of wages of workers of various categories.

The tariff system for differentiation of wages of employees of various categories includes: tariff rates, salaries (official salaries), tariff scale and tariff coefficients.

Tariff scale - a set of tariff categories of work (professions, positions), determined depending on the complexity of the work and the requirements for the qualifications of employees using tariff coefficients.

Wage category - a value that reflects the complexity of work and the level of qualification of the employee.

Qualification category - a value that reflects the level of professional training of an employee.

Tariffication of work - the assignment of types of labor to tariff categories or qualification categories, depending on the complexity of the work.

The complexity of the work performed is determined on the basis of their billing.

Tariffication of work and the assignment of tariff categories to employees are carried out taking into account the unified tariff and qualification directory of work and professions of workers, the unified qualification directory of positions of managers, specialists and employees. These reference books and the procedure for their application are approved in the manner established by the Government of the Russian Federation.

Tariff wage systems are established by collective agreements, agreements, local regulations in accordance with labor legislation and other regulatory legal acts containing labor law norms. Tariff systems for remuneration of labor are established taking into account the unified tariff and qualification directory of works and professions of workers, the unified qualification directory for the positions of managers, specialists and employees, as well as taking into account state guarantees for wages.

Article 144

(As amended by Federal Law No. 90-FZ dated June 30, 2006)

Payroll systems (including tariff systems wages) of employees of state and municipal institutions are established:

in federal state institutions - collective agreements, agreements, local regulations in accordance with federal laws and other regulatory legal acts of the Russian Federation;

in state institutions of the constituent entities of the Russian Federation - collective agreements, agreements, local regulations in accordance with federal laws and other regulatory legal acts of the Russian Federation, laws and other regulatory legal acts of the constituent entities of the Russian Federation;

in municipal institutions - collective agreements, agreements, local regulations in accordance with federal laws and other regulatory legal acts of the Russian Federation, laws and other regulatory legal acts of the constituent entities of the Russian Federation and regulatory legal acts of local governments.

The Government of the Russian Federation may establish basic salaries (basic official salaries), basic wage rates for professional skill groups.

(as amended by Federal Laws No. 54-FZ of April 20, 2007, No. 230-FZ of October 18, 2007)

The wages of employees of state and municipal institutions may not be lower than the basic salaries (basic official salaries) established by the Government of the Russian Federation, the basic wage rates of the relevant professional qualification groups.

(as amended by Federal Law No. 54-FZ of April 20, 2007)

Basic salaries (basic official salaries), basic wage rates established by the Government of the Russian Federation are provided by:

federal state institutions - at the expense of the federal budget;

state institutions of the constituent entities of the Russian Federation - at the expense of the budgets of the constituent entities of the Russian Federation;

municipal institutions - at the expense of local budgets.

Remuneration systems for employees of state and municipal institutions are established taking into account the unified tariff and qualification directory of works and professions of workers, the unified qualification directory for the positions of managers, specialists and employees, as well as taking into account state guarantees for wages, recommendations of the Russian tripartite commission for the regulation of social and labor relations (part three of Article 135 of this Code) and the opinions of the relevant trade unions (associations of trade unions) and associations of employers.

Professional qualification groups - groups of professions of workers and positions of employees, formed taking into account the field of activity based on the requirements for vocational training and the level of qualifications that are necessary for the implementation of the relevant professional activity.

Professional qualification groups and criteria for classifying the professions of workers and positions of employees to professional qualification groups are approved federal body executive power, which performs the functions of developing state policy and legal regulation in the field of labor.

Article 145

The wages of heads of other organizations, their deputies and chief accountants are determined by agreement of the parties to the employment contract.

Article 146. Remuneration for work in special conditions

The remuneration of labor of workers engaged in heavy work, work with harmful, dangerous and other special working conditions, is made at an increased rate.

The labor of workers employed in areas with special climatic conditions is also paid at an increased rate.

Article 147

The remuneration of labor of employees engaged in heavy work, work with harmful and (or) dangerous and other special working conditions, is established at an increased rate in comparison with tariff rates, salaries (official salaries) established for various types of work with normal working conditions, but not lower than the amounts established by labor legislation and other regulatory legal acts containing labor law norms.

(As amended by Federal Law No. 90-FZ dated June 30, 2006)

The minimum wage increases for employees engaged in heavy work, work with harmful and (or) dangerous and other special working conditions, and the conditions for the said increase are established in the manner determined by the Government of the Russian Federation, taking into account the opinion of the Russian tripartite commission for the regulation of social and labor relations.

(Part two as amended by Federal Law No. 90-FZ of June 30, 2006)

The specific amounts of wage increases are established by the employer, taking into account the opinion of the representative body of employees in the manner prescribed by Article 372 of this Code for the adoption of local regulations, or by a collective agreement, an employment contract.

(As amended by Federal Law No. 90-FZ dated June 30, 2006)

Article 148. Payment for labor at work in areas with special climatic conditions

Remuneration for work in areas with special climatic conditions is made in the manner and in amounts not lower than those established by labor legislation and other regulatory legal acts containing labor law norms.

(As amended by Federal Law No. 90-FZ dated June 30, 2006)

Article 149

(As amended by Federal Law No. 90-FZ dated June 30, 2006)

When performing work in conditions that deviate from normal (when performing work of various qualifications, combining professions (positions), overtime work, working at night, weekends and non-working holidays, and when performing work in other conditions that deviate from normal), the employee is subjected to appropriate payments provided for by labor legislation and other regulatory legal acts containing labor law norms, a collective agreement, agreements, local regulations, an employment contract. The amounts of payments established by the collective agreement, agreements, local regulations, labor contract cannot be lower than those established by labor legislation and other regulatory legal acts containing labor law norms.

Article 150

When an employee with a time wage performs work of various qualifications, his work is paid for work of a higher qualification.

When an employee with piecework wages performs work of various qualifications, his work is paid at the rates of the work performed by him.

Article 151

(As amended by Federal Law No. 90-FZ dated June 30, 2006)

When combining professions (positions), expanding service areas, increasing the volume of work or performing the duties of a temporarily absent employee without release from work specified in the employment contract, the employee is paid an additional payment.

The amount of the additional payment is established by agreement of the parties to the employment contract, taking into account the content and (or) volume additional work(Article 60.2 of this Code).

Article 152. Payment for overtime work

(As amended by Federal Law No. 90-FZ dated June 30, 2006)

Overtime work is paid for the first two hours of work at least one and a half times, for subsequent hours - at least twice the amount. Specific amounts of payment for overtime work may be determined by a collective agreement, a local regulation or an employment contract. At the request of the employee, overtime work, instead of increased pay, may be compensated by providing additional rest time, but not less than the time worked overtime.

(As amended by Federal Law No. 90-FZ dated June 30, 2006)

Part two is no longer valid. - Federal Law of June 30, 2006 N 90-FZ.

Article 153. Payment for work on weekends and non-working holidays

(As amended by Federal Law No. 90-FZ dated June 30, 2006)

Work on a weekend or non-working holiday is paid at least twice the amount:

pieceworkers - at least at double piecework rates;

employees whose work is paid at daily and hourly tariff rates - in the amount of at least double the daily or hourly tariff rate;

employees receiving a salary (official salary) - in the amount of at least a single daily or hourly rate (part of the salary (official salary) per day or hour of work) in excess of the salary (official salary), if work on a weekend or non-working holiday was carried out within monthly norm of working hours, and in the amount of at least double the daily or hourly rate (part of the salary (official salary) per day or hour of work) in excess of the salary (official salary), if the work was performed in excess of the monthly norm of working hours.

Specific amounts of remuneration for work on a weekend or non-working holiday may be established by a collective agreement, a local normative act adopted taking into account the opinion of the representative body of workers, and an employment contract.

At the request of an employee who worked on a weekend or non-working holiday, he may be granted another day of rest. In this case, work on a weekend or non-working holiday is paid in a single amount, and the day of rest is not subject to payment.

Remuneration of work on weekends and non-working holidays of creative workers of funds mass media, cinematography organizations, television and video crews, theaters, theater and concert organizations, circuses and other persons involved in the creation and (or) performance (exhibition) of works, in accordance with the lists of works, professions, positions of these employees approved by the Government of the Russian Federation Federation, taking into account the opinion of the Russian tripartite commission for the regulation of social and labor relations, may be determined on the basis of a collective agreement, a local regulatory act, an employment contract.

(as amended by Federal Law No. 13-FZ of February 28, 2008)

Article 154. Payment for work at night

Each hour of work at night is paid at an increased rate compared to work under normal conditions, but not lower than the rates established by labor legislation and other normative legal acts containing labor law norms.

(As amended by Federal Law No. 90-FZ dated June 30, 2006)

The minimum wage increase for night work is established by the Government of the Russian Federation, taking into account the opinion of the Russian tripartite commission for the regulation of social and labor relations.

(Part two as amended by Federal Law No. 90-FZ of June 30, 2006)

The specific amounts of wage increases for night work are established by a collective agreement, a local normative act adopted taking into account the opinion of the representative body of workers, and an employment contract.

(Part three was introduced by Federal Law No. 90-FZ of June 30, 2006)

Article 155

(As amended by Federal Law No. 90-FZ dated June 30, 2006)

In case of non-fulfillment of labor standards, non-fulfillment of labor (official) duties due to the fault of the employer, remuneration is made in the amount not lower than the average wage of the employee, calculated in proportion to the time actually worked.

(part one as amended by Federal Law No. 90-FZ of 30.06.2006)

In case of non-fulfillment of labor standards, non-fulfillment of labor (official) duties for reasons beyond the control of the employer and employee, the employee retains at least two-thirds of the tariff rate, salary (official salary), calculated in proportion to the time actually worked.

(As amended by Federal Law No. 90-FZ dated June 30, 2006)

In case of non-fulfillment of labor standards, non-fulfillment of labor (official) duties due to the fault of the employee, payment of the normalized part of wages is made in accordance with the volume of work performed.

(As amended by Federal Law No. 90-FZ dated June 30, 2006)

Article 156

Marriage through no fault of the employee is paid on a par with good products.

Full marriage due to the fault of the employee is not subject to payment.

Partial marriage due to the fault of the employee is paid at reduced rates, depending on the degree of suitability of the product.

Article 157. Payment for idle time

Downtime (Article 72.2 of this Code) through the fault of the employer is paid in the amount of at least two-thirds of the employee's average wage.

(As amended by Federal Law No. 90-FZ dated June 30, 2006)

Downtime due to reasons beyond the control of the employer and employee is paid in the amount of at least two thirds of the tariff rate, salary (official salary), calculated in proportion to the downtime.

(As amended by Federal Law No. 90-FZ dated June 30, 2006)

Downtime due to the fault of the employee is not paid.

The employee is obliged to inform his immediate supervisor, another representative of the employer about the beginning of downtime caused by equipment breakdown and other reasons that make it impossible for the employee to continue to perform his labor function.

(Part four was introduced by Federal Law No. 90-FZ of June 30, 2006)

If creative workers of the media, cinematography organizations, television and video crews, theaters, theater and concert organizations, circuses and other persons involved in the creation and (or) performance (exhibition) of works, in accordance with the lists of works, professions, positions of these employees, approved by the Government of the Russian Federation, taking into account the opinion of the Russian tripartite commission for the regulation of social and labor relations, do not participate in the creation and (or) performance (exhibition) of works for any time or do not perform, then the specified time is not downtime and may be paid in the amount and manner established by the collective agreement, local regulations, labor contract.

(Part five was introduced by Federal Law No. 90-FZ of 30.06.2006, as amended by Federal Law No. 13-FZ of 28.02.2008)

Article 158. Payment for labor in the development of new industries (products)

A collective agreement or an employment contract may provide for the retention of the employee's previous salary for the period of mastering a new production (product).