Wages: what laws regulate it?

Salary is a reward for the work of the employee. Carrying out some work, a person without fail counts on the monetary spent time and physical resources. At the same time, wages should not be less than the subsistence level, which is guaranteed to Russian citizens by the Constitution of the Russian Federation.

When applying for a job, you need to know all the details regarding this topic so as not to be deceived and get everything that the employee is due under the law.

Dear readers! Our articles talk about typical ways to resolve legal issues, but each case is unique.

If you want to know how to solve exactly your problem - contact through the online consultant on the right or call by phone free consultation:

The concept of labor law

Wages (wages) in the territory of the Russian Federation are regulated by a number of laws and legislative acts:

• The Constitution of the Russian Federation.
• Labor Code of the Russian Federation.
• Separate laws.

For example, the law N 272-FZ“On Amendments to Certain Legislative Acts of the Russian Federation on Issues of Increasing the Responsibility of Employers for Violations of the Legislation in Part Relating to Remuneration”.

The legal framework on this issue makes it possible to determine the minimum wage, the terms for paying salaries, the system of material incentives and penalties, punitive measures for the untimely fulfillment by the employer of his obligations to pay monetary compensation to employees, etc.

Salary elements

Salary is made up of three elements:

1. fixed part;

The fixed part is , which will be discussed below.

2. variable part;

Varies depending on the activities of a particular employee, type of enterprise, or even geographic location. So, for example, residents of the northern regions receive surcharge for harsh living conditions. In this case, the variable part each month will be a fraction of the salary, depending on the specific region: from 15 to 100%.

3. additional payments.

Additional payments may be associated with the peculiarities of production, seasonality or the performance of work by an employee, not specified in his employment contract.

For example, employees of some enterprises receive cash payments to pay for food. Covering the cost of the road to the place of vacation will also be an additional payment, since it rarely happens.

Differences from salary

Salary is the so-called base from which the main calculations will be carried out when paying salaries.

First, on the basis of the salary, tax deductions are primarily made. Secondly, in the case of processing, corresponding increases are accrued. Fines for damage to property or other penalties may also be deducted, bonuses and incentives may be added.

What the employee will receive in the end, in the hands - this is the salary. She can be like above salary and below. Often, the salary is negotiated for a certain amount of hours, but in the course of work, the employee may overfulfill this at the request of his superiors, doing overtime work.

Read our article on how overtime is paid.

Salary is strictly regulated by the legislation of the Russian Federation.

It must be prescribed when drawing up an employment contract with an employee and is a fixed value. Salary is a calculated amount and is not prescribed anywhere in advance.

At the same time, the employee should carefully keep track of its size.. Sometimes an employer may write off damage to equipment or materials to deduct an employee's wages, although in fact the employee himself was not to blame for this (directly or indirectly). For some reason, the employer decided to write off damage to the payroll.

This is a gross violation, for which the employer can sue.

A striking example is the work of counselors in a summer camp, who are financially responsible for the safety of property in the premises. Sometimes the administration does not conduct a thorough check after the departure of the previous shift, and therefore some breakdowns deduct newly arrived educators from the salary.

The employee has the right to know exactly what deductions were made from his wages.

The employment contract must necessarily indicate the salary of the employee, the system of its calculation and increase.

The salary may be calculated depending on the system of remuneration. She happens:

• tariff (when the employer can evaluate the result of the employee's work depending on the time and the agreed rate of output);
• tariff-free (salary depends on the final profit of the entire enterprise);
• mixed (the total profit of the enterprise and the contribution of an individual employee to it are taken into account).

In Russia, it is usually customary to take into account the tariff system, or rather its time-based one. At the same time, the qualifications and experience of the employee are taken into account, which should be indicated in.

Do not forget that this document only fixed salary employee, while the final salary may differ both up and down.

Sometimes employers indicate in the contract a mixed system of calculation, which is especially important for the sales sector, when a talented specialist can exceed the salary by several times as a result of his work.

What is a bet?

The wage rate is a fixed amount that is calculated when the employee's salary is paid per unit of time.

"Bet" is written in and usually is equal to one.

It is not affected by the employee's skill level, length of service, education or age, while these factors are fundamental for determining the salary.

But these two concepts have something in common: both quantities cannot be less than the minimum amount stipulated by the state, which is regulated by Article 133 of the Labor Code of the Russian Federation.

What are the functions of wages?

Payroll has the following features:

Organization of wages and forms

The organization of remuneration is all activities that should reward an employee for his work.

This takes into account the number of hours spent or the final result, as well as the quality of work. The organization of wages in Russia is influenced by:

• wage system;
• form of payment;
• regulation of labor.

The payment system has already been mentioned above: the company chooses what is closer to its structure and type of production. It is beneficial for small businesses to make calculations based on a tariff-free system in order to motivate all employees to effectively carry out their work activities. Large companies are more likely to to the tariff system.

Labor regulation is well thought out system, which allows you to determine the necessary time costs to perform a particular type of activity. For example, how long does it take to make one part, how many parts can be reproduced per hour by one employee, etc.

At the same time, it is important to take into account the conditions, including the material and technical, of a particular enterprise. If we are talking about the work of the office, then the calculation is made for the result of intellectual activity, which must also be measurable.

The form of payment is time-based, piecework, mixed.

Time is a payment calculated according to the time spent by the employee. The salary is based on special tariff scales, which take into account the skill level of individual employees and the amount of salary depending on the position and profession.

Piecework payment is based on a specific work result. This form of salary is often found in the field of trade and in the implementation of various sales at the corporate level, when the employer needs to stimulate the employee to perform his duties as efficiently as possible.

It is often used when hiring temporary employees for small jobs (car repairs, educational trainings, etc.). Management can be better off pay for the actual work than the number of hours spent on it.

The mixed wage system includes signs of two other types at the same time.

How to negotiate a salary at an interview, see the video clip: