What is the frequency of payment of wages to a contracted employee? Norms and procedure for determining deadlines

In 2019, it is prohibited to pay wages less frequently than every 15 days (Part 6 of Article 136 of the Labor Code of the Russian Federation as amended by Federal Law No. 272 of October 3, 2016).

Below we discuss in detail what deadlines for the payment of wages, according to the Labor Code of the Russian Federation, should be set in 2019 so that the company is not fined and the workers do not have questions.

Periods for issuing wages according to the Labor Code of the Russian Federation in 2019

In connection with the extreme amendments to the Labor Code of the Russian Federation, the employer is asking the following question: is it possible for a company to pay wages to different employees at different periods of time?

Additional Information

For example, a director owns a large company that consists of various divisions. Can an enterprise pay wages to workers from one department on the 21st and 6th, and to others on the 25th and 10th?

According to the Labor Code of the Russian Federation, the employer has the right to accrue salary and advance payments in 2019 to employees of the same company in different periods. However, the time interval between wages and advance payment is 15 days, and the last day of final payment is the 15th of the next month.

The Labor Code of the Russian Federation contains several points regarding this situation. And the above case falls under the 2019 rules, and ultimately does not violate the law.

As a result, the head of the company must always comply with the Labor Code of the Russian Federation. According to the labor code:

Salaries must be paid by the 15th of the next month.
the gap between the advance payment and the rest of the salary must be 15 calendar days.

Attention

When reflecting the terms of salary calculation in the employment contract, the director of the enterprise must indicate a specific date, and not time intervals.

If the manager of an enterprise plans to accrue salaries to employees on the 11th and 26th of each month, then these dates should be written in the contract. The wording “from 8 to 13 and from 24 to 29 of each month” is unacceptable.

You cannot indicate intervals instead of specific dates, because this violates clause 6 of Art. 136 Labor Code of the Russian Federation. Thus, by accruing 1 part of the salary on the 9th day, and the other on the 28th, the head of the company will violate the Labor Code of the Russian Federation on accruing salary once every 15 days, at least.

Norms and procedure for determining deadlines

For your information

So, the day of payment for salary in a company is the 5th day of the month following the reporting month. In such a situation, the salary for October 2019 should be issued to the employee on Friday, October 4, 2019. After all, October 5, 2019 is Saturday.

Failure to comply with salary payment deadlines

Attention

in case of a second violation of the salary calculation time, the fine for individual entrepreneurs will be 10,000–30,000 rubles;
in case of a secondary violation by the company’s accountant - 20,000–30,000 rubles. or deprivation of the right to hold office for 1–3 years.

Additional Information

The court may also oblige the company to compensate the worker for moral damage caused. According to Article 392 of the Labor Code of the Russian Federation, an employee can file a lawsuit against the employer for unpaid or overdue wages within 1 year.

As a result, in order to prevent violations of the provisions of the Labor Code of the Russian Federation, employers must transfer wages to employees within the time frame specifically established by them.

Order establishing salary payment periods

If it is necessary to change the timing of the transfer of wages to a worker, then in 2019 the employer issues an order setting the dates for the payment of wages. A sample of such a document is presented below.

Notification to employees

If the employee has not signed an additional agreement to the employment contract, then the head of the enterprise recognizes the adjustment of the deadline for transferring salary as a change in labor conditions. In this case, the director of the company notifies each employee in writing about a future change in the time of salary transfer.

For your information

The employer sends notices to workers 2 months before making adjustments.

If the worker does not agree with the new demands of his superiors, then the manager has the right to fire him. In case of dismissal, the employer pays the worker a benefit in the amount of 50% of the average monthly salary (Articles 74 and 178 of the Labor Code of the Russian Federation).

Postponement of salary payment due date at the request of the employee

The head of the company can postpone the payment of wages at the request of the worker. Such changes must be reflected in the legal act of the company.

What documents are needed?

The worker must fill out an application addressed to his boss.

When filling out an application, you can use a standard sample:

Nuances

An employee can check whether the salary transfer periods established by the company in 2019 take into account the latest amendments to the Labor Code of the Russian Federation.

When issuing wages, the employer must comply with the following rules and take into account such nuances:

transfer workers' salaries every 15 calendar days. Less often - it’s impossible;
All wages for the past month must be transferred to workers by the 15th of the next month. This innovation was introduced in the 4th quarter of 2016;
the size of the salary for the first 15 calendar days of the month depends on how much the worker worked during this period of time. It doesn't have to be symbolic;
Salaries must be transferred to employees on the same dates, which are prescribed in the company’s legal acts. If the deadline for transferring salary falls on a weekend or a holiday, then the money must be given to the employee a day earlier.

Current version of Art. 136 of the Labor Code of the Russian Federation with comments and additions for 2018

When paying wages, the employer is obliged to notify each employee in writing:
1) on the components of the salary due to him for the relevant period;
2) on the amount of other amounts accrued to the employee, including monetary compensation for the employer’s violation of the established deadline for payment of wages, vacation pay, dismissal payments and (or) other payments due to the employee;
3) about the amount and grounds for deductions made;
4) about 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 in the manner established by Article 372 of this Code for the adoption of local regulations.

Wages are paid to the employee, as a rule, at the place where he performs the work or transferred to the credit institution specified in the employee’s application, under the conditions determined by the collective agreement or employment contract. The employee has the right to change the credit institution to which wages should be transferred by notifying the employer in writing about the change in the details for transferring wages no later than five working days before the day of payment of wages.
The place and timing of payment of wages in non-monetary form are determined by a collective agreement or employment contract.

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

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

If the payment day coincides with a weekend or non-working holiday, wages are paid on the eve of this day.

Payment for vacation is made no later than three days before it starts.

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

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

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

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 required for inclusion in the pay slip.

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

2. As a general rule, wages are paid to the employee at the place where he performs the work, that is, directly at the location of his workplace, determined by the employment contract. However, payment of wages may be transferred to the credit institution specified 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 regarding the exclusion of provisions establishing advantages for certain business entities,” Part 3 of the commented article was supplemented with a provision in according to which the employee is given the right to change the credit institution to which the wages should be transferred by notifying the employer in writing about the change in the details for transferring wages no later than five working days before the day of payment of wages. This provision, on the one hand, guarantees the employee’s right to freely choose and change the credit institution to which his wages are transferred. On the other hand, a guarantee is established for the employer of his notification of a change of employee from a credit institution, and within a time period that allows for the necessary changes to be made in the relevant accounting documents.

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

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

The Labor Code of the Russian Federation provides for a similar provision 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 is cases when a different 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 represent guarantees of the implementation of the employee’s right to timely and full payment of wages, as enshrined in the Labor Code of the Russian Federation. Provisions part 3, 5 art. 136 of the Labor Code of the Russian Federation are aimed at ensuring the coordination of the interests of the parties to an employment contract when determining the rules for the payment of wages, at creating conditions for the unhindered receipt of wages personally by the employee in a way convenient for him, which corresponds to the provisions of ILO Convention No. 95 (see the definition of the Constitutional Court of the Russian Federation of April 21, 2005 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 month on the day established by the internal labor regulations, collective agreement, or employment contract. The Labor Code of the Russian Federation does not establish specific terms for payment of wages, as well as the size of the advance.

The letter of Rostrud dated September 8, 2006 N 1557-6 “Calculation of salary advances” states that, taking into account the provisions of the resolution of the Council of Ministers of the USSR dated May 23, 1957 N 566 “On the procedure for paying wages to workers for the first half of the month”, which is in force to the extent that does not contradict the Labor Code of the Russian Federation, specific terms for payment of wages, including advance payments (specific dates of the calendar month), as well as the size of the advance payment, must be determined by the internal labor regulations, a collective agreement, and an employment 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, should take into account the time actually worked by the employee (actually completed work).

A different period for payment of wages can be established for certain categories of employees 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 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.

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

Payment for vacation is made no later than 3 days before it starts.

Financial liability is provided for the employer's delay in paying wages and other payments due to the employee.

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

Another comment to Art. 136 Labor Code of the Russian Federation

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

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

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

c) on the amount and grounds of deductions made (for tax from individuals; collection of alimony and other amounts based on court decisions; compensation for unpaid advances on wages; repayment of unspent and unreturned advances; return 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 established manner entails administrative liability under Art. 5.27 of the Administrative Code (see also Resolution 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 the work. It is determined by a local regulatory act of the organization (as a rule, internal labor regulations) or a collective agreement.

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

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

5. If wages are paid in non-monetary form, the place and timing of its payment are specifically 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, delivery of relevant goods to the employee’s home, provision of transport, or pickup).

6. As a general rule, wages are paid directly to the employee. A different procedure may be provided for in the employment contract. In addition, the employee can 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 the 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, the salary is issued to the trustee on the basis of his trustee certificate or to the employee on the basis of the written consent of the trustee.

8. Salaries must be paid at least every half month. Establishing other deadlines in collective agreements or local regulations (for example, once a month) violates this legal requirement.

The legislation considers the payment of wages for the first half of the month not as an advance, but as payment for the past period, therefore its size 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 based on 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 dated November 19, 2007 N GKPI07-961).

9. The date of payment of wages is established in the internal labor regulations, in the collective agreement or in the employment contract. Arbitrary setting of this date by the employer is unlawful. At the same time, the internal regulations, collective agreement and 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 payday coincides with the second day off in a five-day work week (for example, Sunday), wages must be paid on the eve of the first day off (Friday).

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

Consultations and comments from lawyers on the legislative system of the Russian Federation

If you still have questions about the legislation of the Russian Federation and you want to be sure of the relevance of the information provided, you can consult the lawyers of our website.

You can ask a question by phone or on the website. Initial consultations are held free of charge from 9:00 to 21:00 daily Moscow time. Questions received between 21:00 and 9:00 will be processed the next day.

When paying wages, the employer is obliged to notify each employee in writing:

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

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

3) about the amount and grounds for deductions made;

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

Wages are paid to the employee, as a rule, at the place where he performs the work or transferred to the bank account specified by the employee under the conditions determined by the collective agreement or employment contract.

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

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

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

If the payment day coincides with a weekend or non-working holiday, wages are paid on the eve of this day.

Payment for vacation is made no later than three days before it starts.

What are the deadlines for paying wages under the Labor Code?

The timing of payment of wages is established by the local regulations of the organization. Read more about the procedure for their proper fastening and use in our material.

Procedure and place of payment of wages

The frequency and place of payment for labor (wages, hereinafter referred to as wages) are provided for in Art. 136 of the Labor Code of the Russian Federation (hereinafter referred to as the Labor Code of the Russian Federation). Payment is made in cash in Russian rubles. In other forms, a salary can be issued only in cases established by an employment or collective agreement, upon an employee’s application made in writing. The share of non-cash payments cannot exceed 20% of the monthly salary (Article 131 of the Labor Code of the Russian Federation).

Payments made in cash can be made:

By paying cash from the company's cash desk. As a rule, it is produced at the location of the employing enterprise itself. Payment of salary elsewhere must be stipulated in the employment contract.
By transferring money to a bank card. An employee can replace a banking organization by submitting a written application no later than 5 working days before the next salary payment date.

The place of payment made in non-monetary form is subject to stipulation in the employment or collective agreement.

Terms of payment of wages according to the Labor Code of the Russian Federation in 2018 - 2019

The terms for payment of wages are established in Art. 136 Labor Code of the Russian Federation. Payments are made at least once every half month. In this case, the final payment must be made no later than the 15th day after the end of the paid period. Thus, the salary for June cannot be made later than July 15.

This norm was established by the Law “On Amendments...” dated July 3, 2016 No. 272-FZ and came into force on October 3, 2016. Starting from this date, the issuance of salary for the period worked, made after the 15th day of the following month, is illegal.

The procedure and terms for payment of wages can be prescribed:

in a collective agreement;
internal labor regulations (ILR);
employment contract.

For violation of the established deadlines for payment of wages, the Labor Code provides for the payment by the enterprise of monetary compensation in the amount of not less than 1/150 of the key rate established by the Bank of Russia for each day of delay. The term of the latter begins to run from the day following the day of payment (Article 236 of the Labor Code of the Russian Federation).

Sample order on the timing of payment of wages

When the timing of the issuance of funds changes, an order is drawn up providing specific dates for the issuance of the PO. It must be taken into account that the employee must be notified of such changes 2 months before they take effect. In addition, the updated terms are subject to inclusion in the labor and collective agreements (employment and collective agreements) (i.e., additional agreements will need to be concluded to the labor and collective agreements).

An order to change the deadline for issuing a PO must contain the following attributes:

Name of the organization;
place and date of its compilation;
name of the document (“Order”) and its serial number;
justification (for example, in accordance with changes made to the Labor Code of the Russian Federation);
date of issue (transfer) of the PO;
an indication of amendments to employment contracts with employees and PVTR;
indication of the person responsible for carrying out the order;
signature of the head of the enterprise, his position and transcript of the signature;
list of employees who are subject to familiarization with this order.

What is the frequency of salary payments?

As we wrote above, the Labor Code of the Russian Federation prescribes the payment of salary 2 times within 1 month. In this case, the final payment for the time worked will be the second payment. The first, called advance payment, was established back in Soviet times by the Decree of the Council of Ministers of the USSR “On the procedure for paying wages to workers for the first half of the month” dated May 23, 1957 No. 566 (hereinafter referred to as Resolution No. 566).

The Labor Code of the Russian Federation does not contain such a concept as an advance payment, however, Resolution No. 566 has not lost its force to this day and is applied to the extent that does not contradict current legislation. Thus, hereinafter, by advance we will mean payment for the first half of the month worked.

Also, in the manner established at the enterprise for issuing salary, benefits are paid:

for pregnancy and childbirth;
temporary disability;
child care.

IMPORTANT! The employer has the right to provide for more frequent salary payments than twice a month (letter of the Ministry of Labor dated November 28, 2016 No. 14-1/B-1180).

How to correctly calculate and pay salary advances

In letter dated November 30, 2009 No. 3528-6-1, the Federal Service for Labor and Employment explained that the provision on advance payment is an imperative norm and applies to all employees, regardless of their form of employment or desire. The salary advance must be accrued and paid even in cases where:

the employee wrote a statement asking to be paid his salary once a month;
the amount of the wage advance is insignificant;
The employee works part-time.

Local acts of employer enterprises, which stipulate the payment of wages once a month, in this part are void and cannot be applied. Thus, an advance on wages in 2018 - 2019 is required.

How is the amount of the advance calculated: calculating the amount of advance on wages in 2018 - 2019

When calculating the advance, you should take into account:

monthly salary;
allowances for harmful (special) working conditions;
additional payments for an expanded range of duties;
additional payment for replacing a temporarily absent employee who is on sick leave or on vacation;
payments for combining positions, etc.

Not included in the calculation:

bonuses, since it is not yet known whether such an incentive payment will be made to the employee;
social benefits, because they are not wages;
financial assistance, etc.

How is salary advance calculated? We will find the answer to this question in Resolution No. 566 discussed above: the minimum amount of the advance payment should not be lower than the tariff rate for the time worked.

When paying piecework, actual work done (letter of the Federal Service for Labor and Employment dated September 8, 2006 No. 1557-6) or actual time worked (letter of the Ministry of Labor dated February 3, 2016 No. 14-1/10/B-660) must be taken into account.

Payroll advances are calculated in 2 main ways:

Depending on the work actually done or the period of time worked for 1/2 month. The salary rate is divided by the standard working days in a month and multiplied by the actual time worked.
As a fixed percentage of the monthly salary, for example 50%.

When using a fixed percentage, there is a possibility that the employee will not repay the advance payment given to him. This is possible when the employee spent a significant part of his working time on vacation without pay or on sick leave. In this case, the employer decides how to pay advance wages.

Issuance of payslips

Art. already mentioned by us. 136 of the Labor Code of the Russian Federation requires the employer to inform each employee in writing:

About the components of the salary due to him (salary, bonus, additional payments, etc.).
The amount of other accrued payments, such as temporary disability benefits. This category also includes the amount of compensation accrued by the employer for failure to comply with payment deadlines.
The amount of deductions made and the grounds on which they were made.
The total amount to be paid to the employee.

The form of such a sheet, as well as other information that must be included in it, is subject to approval in the form of a local act of the enterprise with mandatory consideration of the opinion of the representative body of workers.

Responsibility for failure to pay wages on time

In addition to the monetary penalty, the amount of which we discussed above, the legislator also provided for administrative and criminal liability for failure to pay wages on time.

Clause 6 Art. 5.27 of the Code of Administrative Offenses of the Russian Federation establishes the following fines:

10,000-20,000 rub. for the head of the enterprise;
1,000-5,000 rub. for citizen entrepreneurs;
30,000-50,000 rub. for legal entities.

Part 1 art. 145.1 of the Criminal Code of the Russian Federation provides for criminal liability of the head of a legal entity or its separate structural unit for partial non-payment of wages, other benefits and payments in the form of:

fine up to 120,000 rubles. or in the amount of the manager’s salary or his other income for a period of up to 1 year;
or forced labor for up to 2 years;
or deprivation of the right to hold certain positions for a period of up to 1 year;
or a term of imprisonment of up to 1 year.

Complete non-payment of wages for more than 2 months entails an increase in fines and an actual prison term of up to 3 years, and actions committed repeatedly can lead to 5 years in prison.

Thus, the salary must not only be paid, but also the deadlines and rules described by us in this material must be observed. The main thing is to remember that nothing exempts you from paying an advance and the deadline cannot be later than the 15th day of the month following the billing month.

During official employment, in order not to get into trouble and not be left without honestly earned money, each applicant is recommended to carefully familiarize himself with the labor regulations of a particular organization. This document must necessarily contain information about the operating mode, the valuewages, etc.. Naturally, this is not the entire list of what should be contained in the document that the employer is obliged to present to you before starting work. However, now we will consider in detail issues relating only to salaries and such important nuanceshow the procedure, place and timing of payment of wages. After all, not so long ago in the corresponding article Amendments have been made that not only organizations offering work, but also people who are just looking for work should be aware of.

Responsibilities of the employer: what does the salary consist of?

Let's start with what employers should pay attention to first. According to Art. 136 Labor Code of the Russian Federation in the new editionDuring the transfer of wages, the organization providing the work place must notify each of the employees in writing about the components of the wage that is due for payment. Components are exactly the amounts from which the monthly salary is formed, namely: direct payment for the work done, compensation (for work in difficult or harmful production conditions) and payments that have a stimulating effect on the employee (additional payments, allowances for experience and length of service, bonuses, etc.)

Late payment of wages and deductions

If the employer acts unlawfully and does not pay wages, vacation pay or dismissal pay within the terms established by the employment contract, then in this case he is obliged to include additional compensation in the salary amount. The component may also include deductions (fines). The reasons for such deductions must be clearly stated on the salary slip. Well, in the end, taking into account all the above parts, the employee should see in such a receipt the final amount to be paid.

Where and how are wages paid?

The salary slip must comply with the form established by the employer and the employees’ representative body. The procedure for approving this sheet is regulated by Art. 372 of the Labor Code. Currently, salaries are practically not issued directly to the organization where work is carried out. There are exceptions, but there are very few such enterprises left.

Now employers transfer money to credit and banking organizations, which employees must indicate in the appropriate application. The conditions for transferring money are determined in a collective or employment contract. It is worth noting that the employer does not have the right to prohibit a person working in his company from changing bank details or other personal data for subsequent money transfers. This means that the employee can always make changes to the application and receive his own salary on any bank card. The only thing you need to remember: the change of details must be carried out no later than 5 working days before the payment of wages. Otherwise, the employee may be completely left without money some month, and the employer will definitely not be to blame in this situation.

Salary slip and employer’s responsibility for non-issuance

In Art. 136 of the Labor Code of the Russian Federation is explained that the form of the payslipmust be approved by local regulations. Since issuing a pay slip is the direct responsibility of an organization or enterprise, the employer may face administrative liability for failure to comply with this law. One important point: salary receipts can only be issued in writing. The use of electronic form is also allowed, but only for those employees who carry out their activities for the benefit of the employer’s enterprise remotely. Art. 136 Labor Code of the Russian Federation with commentscontains information that a personal pay form is drawn up for each employee. It indicates all the employee’s data, so the issuance of such a sheet must occur in person to preserve confidential information.

Notes on receipt of payslip - necessity or extravagance?

Many people believe that such a document requires a seal or signature. However, this is not stated in any regulatory act. Even if an employee receives a salary form without a stamp,not broken. This behavior by the employer is completely acceptable and does not constitute an offense. There is also a very common misconception that the issuance of sheets should be carried out exclusively against the personal signature of the employee in a specially designated journal. This decision will probably be correct for the labor inspectorate if an employee suddenly forgets that a pay slip has already been issued to him. But these actions are not mandatory, since they are not fixed in Art. 136 Labor Code of the Russian Federation . That is why in most organizations this method has not been used for a long time.

How is salary paid depending on its form?

If the salary is in non-monetary form, then the employee should check the timing and place of payment with his employer. All these nuances must also be clearly stated in the collective or employment agreement. In any case, the funds earned by the employee’s labor must be transferred to the employee himself. The only exceptions are other methods of payment, which are usually provided for by federal law. An example would be a common household situation: an employee does not pay for the use of housing and communal services. As a result, the housing and communal services department, by court decision, can block the defaulter’s funds in his salary account or send a request to the organization to transfer a certain amount of the employee’s salary directly to their account.

Payments on weekdays and holidays

In accordance with Art. 136 Labor Code of the Russian Federation employermust transfer wages several times a month (2-3 times). The day on which the salary should be credited to the employee’s personal bank account or issued to him personally at the enterprise (other cases described earlier in this article are also possible) is established and prescribed in the collective/employment agreement or can be specified in the internal regulations organizations. Other payment terms may be established by the Federal Law individually for certain categories of employees. In this case, the employee’s health status (for example, disability), his social status (large family), etc. are taken into account.

As for weekends and holidays, in this case the article also provides for certain exceptions. “If the day of payment of salaries falls on a weekend or holiday, then the employer must make payments on the eve of this day,” it is indicated in Art. 136 Labor Code of the Russian Federation . Vacation funds must be paid at least 3 days before the start of the vacation.