Federal law on the payment of wages. Terms of payment of wages to employees

In accordance with Part 1 of Art. 136 of the Labor Code of the Russian Federation, when paying wages, the employer is obliged to notify the employee in writing about the components of wages due to him for the relevant period, the amount and grounds for the deductions made, as well as the total amount of money payable. The form of the payslip, which should reflect the listed information, must be approved by the employer, taking into account the opinion of the representative body of employees. Non-observance by the employer of the rule on approval of the form of the payslip allows the representative body of employees, directly to the employees, to declare to the authorized state bodies the requirements to approve the form of the payslip or to change its content by including in it the information listed in the legislation. Failure by the employer to comply with the requirements to hand over to the employee a payslip in the form approved by the organization allows us to conclude that the employee could learn about the violation of his rights in the field of remuneration only after he had familiarized himself with the constituent parts of the salary in the prescribed form, that is, after handing him a written document on the components of his salary. For example, an employee may find out that he has not been paid an increased amount of overtime work only after receiving a document on the composition of wages. In this connection, the period for applying for protection of the violated right in the field of remuneration must be calculated from the moment the employee is presented with a document on the composition of his salary. This document in Part 2 of Art. 136 of the Labor Code of the Russian Federation is called a payslip. However, other written documents drawn up by authorized representatives of the employer, which reflect information about the components of the employee's earnings, may serve as evidence of the employee's familiarization with the components of earnings. The absence of such documents by the employer, as well as information about their handing over to the employee, deprives the employer of the opportunity to prove that the employee missed the deadline for applying for judicial protection of rights to wages, since the specified period begins to run from the moment the employee found out or could find out about the violation of his right . This point in the legislation is due to the delivery to the employee of a written document by authorized representatives of the employer, which reflects information on the composition of earnings.

In accordance with Part 3 of Art. 136 of the Labor Code of the Russian Federation, wages are paid to the employee, as a rule, at the place of work or transferred to the bank account specified by the employee on the terms stipulated by the collective or labor agreement. The obligation to pay wages to the employee lies with the employer, who is obliged to ensure that each employee has the opportunity to receive wages. When remunerating an employee at the place where he performs his labor function, he must be given time to receive wages. This time should be included in the working time, since the employee should not spend the rest time not at his own discretion due to the need to receive wages during the period that is included during the rest. The employer is obliged to determine the procedure for receiving wages so that the employee does not spend time off to receive wages due to improper performance by the employer of this obligation. The time spent by the employee to receive wages must be paid by the employer, based on the average earnings of the employee, since this time was spent by the employee through the fault of the employer, who could not properly organize the process of issuing wages to employees. The organization of this process may include the determination of specific days and hours of receipt of wages by employees of structural divisions of the organization. The appointment of different terms for the receipt of wages by employees of structural divisions allows you to avoid the useless waste of working time.

Wages can be transferred to the current account of the employee if the following legally significant circumstances are proven. Firstly, the presence of the voluntary will of the employee, confirmed by his written application, for the transfer of wages to a bank account. Secondly, the presence in the collective or labor agreement of a condition on the possibility of transferring the wages of employees to their bank account must be proved. Failure to prove each of these circumstances makes it possible to recognize as unlawful and (or) unreasonable the employer's decision to transfer wages to the employee's account. Moreover, the absence of a written statement of the employee, which expresses his will to transfer wages to his bank account, in the event of a dispute, deprives the employer of the right to refer to witness testimony to confirm this declaration of will. Recognition of the employer's decision to transfer funds to the employee's account as illegal and (or) unreasonable may become the basis for holding him liable for delayed wages.

In accordance with Part 4 of Art. 136 of the Labor Code of the Russian Federation, the place and terms of payment of wages in non-monetary form must be determined in a collective or employment agreement. Payment of wages in non-monetary form must be made at least every half a month in compliance with the rules established for the payment of earnings in cash. The employer is also obliged to provide each employee with the opportunity to receive wages in non-monetary form, that is, to allocate a specific time for issuing earnings to the employee.

In accordance with Part 5 of Art. 136 of the Labor Code of the Russian Federation, wages are paid directly to the employee. Moreover, the fact of issuing wages to an employee can be confirmed exclusively by written evidence. The lack of written evidence from the employer confirming the issuance of wages to a particular employee, in the event of a dispute, deprives the representatives of the employer of the right to refer to witness testimony to confirm the issuance of wages to the employee. As already noted, when the circumstances under consideration are proven, wages can be transferred to the employee's account. When a court decision is made to recognize an employee as having limited legal capacity, his representatives will receive wages for him in compliance with the established rules for paying wages, including the terms for paying wages.

In accordance with Part 6 of Art. 136 of the Labor Code of the Russian Federation, wages must be paid at least every half a month on the days established by the internal labor regulations of the organization, the collective agreement, the employment contract. The employer is obliged to determine the terms of payment of wages in the internal labor regulations or by concluding a collective or labor agreement. The failure of the employer to fulfill this obligation is not a basis for his release from liability for delaying wages. In this case, the right to receive wages arises for the employee after the first 15 calendar days of work in each month. Corresponding to this right is the obligation of the employer to pay wages to the employee after half of each month, that is, after 15 calendar days. Failure to comply with this obligation allows the employee to demand that the employer be held liable for the delay in wages. If the day of payment of wages coincides with a weekend or non-working holiday, the employer is obliged to pay employees on the eve of this day. Failure to fulfill this obligation is also a violation of the terms of payment of wages, which may become the basis for bringing the employer to the measures of responsibility established by law.

In accordance with Part 7 of Art. 136 of the Labor Code of the Russian Federation for certain categories of workers, federal law may establish other terms for the payment of wages. Establishing more frequent terms for the payment of wages, in particular weekly, improves the position of the employee in comparison with the law. Therefore, the condition on more frequent terms of payment of wages can become legal both in the content of the federal law, and in the content of labor contracts, and in the content of local acts of the organization. The right to receive wages stems from Art. 37 of the Constitution of the Russian Federation. In this connection, the establishment of longer terms for the remuneration of employees in the federal law is a restriction of this constitutional right. For this reason, the establishment of longer periods for the payment of wages can occur solely to achieve the goals listed in Part 3 of Art. 55 of the Constitution of the Russian Federation.

In part 9 of Art. 136 of the Labor Code of the Russian Federation, it is established that the average earnings during the vacation are paid no later than three days before it starts. Payment for vacation after it began means that the employee used unpaid leave before the payment of his average earnings. In this connection, he has the right to demand the postponement of the start date of the vacation, at least the next day after the payment of average earnings. The employee may demand the payment of interest for the delay in the payment of vacation, since in this case the employer does not fulfill the obligation to pay the employee the average wage within the terms established by law. However, as a restoration of the violated right, the employee can use one of the specified methods. The postponement of the start date of the vacation due to its untimely payment means that the statutory date for the payment of average earnings is changing. After all, paying for vacation before it starts is one of the ways to restore the right to use paid vacation. Therefore, it should be recognized that when postponing the vacation date, the employer fulfills the obligation to timely pay the employee the average earnings. The payment of average earnings later than three days before its start should be recognized as a violation of the terms of vacation pay. Therefore, after using unpaid leave, the employee has the right to demand payment of interest for the delay by the employer of average earnings, since he violated the deadline for paying the leave. Whereas when it is transferred, the period for paying average earnings is not violated. In this connection, the employee can use one of the considered methods of restoring the violated right to receive average earnings during the vacation.

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

HR and Labor Law

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 amount 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. 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.

Comments to Art. 136 Labor Code of the Russian Federation

1. The accrual of advances on wages is stated in the letter of Rostrud dated September 8, 2006 N 1557-6.

In accordance with Art. 136 of the Labor Code, wages are paid at least every half a month on the day established by the internal labor regulations of the organization, the collective agreement, the employment contract.

The Labor Code does not regulate the specific terms for the payment of wages, as well as the size of the advance payment.

At the same time, it should be borne in mind that, according to 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 in force in the part that does not contradict the Labor Code, the amount of the advance payment on account of workers' wages for the first half of the month is determined by an agreement between the administration of the enterprise (organization) and the trade union organization at the conclusion of the collective agreement, however, the minimum amount of the specified advance must not be lower than the wage rate of the worker for the hours worked.

As for the specific terms of payment of wages, including the advance (specific dates of the calendar month), as well as the amount of the advance, they are 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 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).

2. In accordance with Art. 13 of ILO Convention No. 95 "Regarding the Protection of Wages" (1949), the payment of wages, when made in cash, must take place only on working days and at or near the place of work, if national law, collective agreement or decision arbitration body provide otherwise, or unless other means known to the workers are deemed more appropriate.

3. It is forbidden to pay wages in cafes or other similar establishments, and also, if it is necessary to prevent abuse, in retail stores and places of entertainment, except in cases where wages are paid to persons working in such establishments.

4. The day of payment of wages is determined by the internal labor regulations, the collective agreement, the labor contract.

5. Wages are paid at least every half a month. The employer has no right to change this rule even with the consent of the employee. Payment of wages once a month is a gross violation of labor legislation, since for most workers wages are the only source of livelihood.

6. ILO Convention No. 95 draws attention to the need to pay wages to the worker directly concerned, unless he agrees to another payment option.

In order for the employee to use the vacation at his own discretion, the employer is obliged to pay for the vacation no later than 3 days before it starts.

If the employer did not fulfill his obligation: he did not warn about the beginning of the vacation or did not pay for the vacation, then the vacation, by agreement with the employee, is postponed to another period convenient for the employee. Postponement of vacation is the responsibility of the employer.

7. In the Ruling of the Constitutional Court of the Russian Federation of June 24, 2008 N 341-O-O "On the refusal to accept for consideration the complaint of citizen Kondrashov Alexander Gennadievich about the violation of his constitutional rights by part six of Article 136 of the Labor Code of the Russian Federation" the legal position of the Constitutional Court is given RF on the application of Art. 136 TK.

In his complaint to the Constitutional Court of the Russian Federation, the applicant asks that Art. 37 of the Constitution of the Russian Federation, Part 6, Art. 136 of the Labor Code, according to which wages are paid at least every half a month on the day established by the internal labor regulations, collective agreement, labor contract.

The Constitutional Court of the Russian Federation, having studied the materials submitted by the applicant, found no grounds for accepting his complaint for consideration.

Part 6 Art. 136 of the Labor Code, as follows from its content, is one of the guarantees for the realization of the employee's right to timely and full payment of wages, is aimed at ensuring the regularity of wages and in itself cannot be considered as violating the constitutional rights of the applicant specified in the complaint.

The Labor Code of the Russian Federation is a set of laws, norms and acts that define the relationship between an employer and an employee. The Labor Code of the Russian Federation has a huge number of functions, and the laws prescribed in it regulate every aspect of labor relations. In particular, it states:

Conditions for hiring new employees;
Obligations of a citizen as an employee;
Obligations of a legal entity as an employer;
Payroll issues;
Procedure for registration of sick leave, vacations, business trips, etc.;
Safety precautions, ways to communicate it to workers;
Issues of downsizing and layoffs.

The most interesting for an ordinary employee will be Art. 136 of the Labor Code of the Russian Federation, since it discusses in detail all issues related to the payment of wages, namely the specific terms for the payment of wages, the place and procedure for these payments.

It is worth noting that article number 136 of the Labor Code of the Russian Federation does not say a word about what wages are in general. It is defined in article 129 of the Labor Code of the Russian Federation. It says that wages are considered to be material remuneration for the work of an employee. Also, any payments that stimulate an employee or are given to him for successful work fall under the definition of wages: bonuses, compensations, allowances, and so on.

Also, a whole section at number 6 is devoted to wages in the Labor Code of the Russian Federation. It has 3 chapters that consider:

Basic definitions, provisions and concepts;
Rules for the payment of wages: the procedure for issuing remuneration, the timing of payment of wages, the method of transfer;
Issues of labor rationing: basic regulations, changes in standards, etc.

Art. 136 Labor Code of the Russian Federation

Now let's take a closer look at article number 136 of the Labor Code of the Russian Federation. It is included in the second chapter of the sixth section of the Labor Code of the Russian Federation and is called "The procedure, place and timing of payment of wages." It begins with an indication of how exactly the employer should report how exactly he will receive his wages. The very first line in 136 of the Labor Code of the Russian Federation clearly states that when paying wages, the employer (or rather, an authorized accountant) is obliged to convey the following information to the employee in writing:

The amount of wages without other accruals;
The period for which wages were paid;
List of awards and;
List of fines and other deductions provided for by the contract;
The total amount of wages that an employee ultimately receives.

The second point in Art. 136 of the Labor Code of the Russian Federation, this is the place of payment of wages. Previously, everyone received wages directly from the employer, and accountants, cashiers and other responsible employees were involved in issuing money. However, now alternative methods of paying wages are gaining more and more popularity. Therefore, in the second paragraph, a very flexible and universal wording is given - wages are paid in the place indicated in the employment contract.

The last part deals with the period of payment of wages. At the same time, this is a very important part of this article for both the employee and the employer, since exceeding the deadlines for paying wages threatens the employer with fines, and the employee himself will be able to benefit from the delay.

Comments to Article 136 of the Labor Code of the Russian Federation

The article itself is very short, so it will require many comments to clarify very vague language and establish a stricter framework. For convenience, we divide them into categories;

Comments regarding wages in general;
Comments regarding the timing of payments;
Comments regarding the place of payment.

Comments on wages in general

Any additional information about wages may not be included in the employment contract if they are available in the general charter of the organization or in any other document fixing the rules of its work. However, the employment contract must necessarily contain a reference to this document or charter;
It must be indicated in the employment contract and how the employee will receive money: in cash or by bank transfer. If a cashless payment is agreed, then the employer is obliged to discuss the conditions for opening a bank account, which will receive the employee's salary;
Although the employer is obliged to report on wages, he is free to do it in the way that is convenient for him - he himself determines the form for submitting such an application, the type and amount of information (not lower than the minimum). In addition, the employee may simply not pick up such receipts.

How exactly wages are paid to employees is described in some detail in the Labor Code (specifically: article 136). This question is replete with nuances of a binding nature. The employer is obliged not only to give money to his workers in the amount established by the contract, but to do it regularly, strictly observing the procedure. Let's take a look at what Article 136 (RF) says.

The document contains specific norms that are mandatory for the administration of the enterprise. By the way, their failure to comply threatens officials with measures of influence from the regulatory authorities. Article 136 requires employers to inform workers about:

the amount of basic and additional payments;
withholding amounts with grounds;
the total amount of funds raised.

The listed data must be provided to people in shift form before they get access to the funds due. In addition, the text contains conditions governing the place, timing and procedure for specific operations for the payment of earned money. It should be noted that the standards included in Article 136 of the Labor Code are quite strict. Let's start studying them in more detail.

Pay slip

This is the name of a special approved document containing the necessary information. Article 136 of the Labor Code provides that the administration must act openly, in accordance with the law. It is not allowed to hide financial information about accounts from the employee in respect of whom transactions are made. The fact is that we are not only charged with certain amounts of salary, bonuses, compensation, indexation and the like, in addition, for example, taxes are withheld. All this must be brought to the owner of the account. The operations are carried out by an accountant. He may well make a mistake, show elementary inattention. Article 136 is drafted in such a way as to exclude the occurrence of protracted controversial issues. Of course, there are misunderstandings. But the employee has the right to receive from the administration (read: accounting) a complete and detailed analysis of operations. The form of the pay slip must be approved by an internal act. This issue is detailed in Article 372 of the said Code.

Place of salary

The legislation gives the right to the worker and the enterprise to agree on where the calculation will be made. There are two main options:

at the location of the administration;
to a bank account.

The legislator specifies that the parties may, on a voluntary basis, determine other conditions for the transfer of earned funds. They should be specified in the contract or special agreement. This item is implemented extremely rarely, only under certain working conditions. For example, if a person is sent on a business trip to a country with which intergovernmental agreements on financial transactions have not been concluded, or to a wilderness. Judge for yourself, is it possible in such a case to implement Article 136 of the Labor Code of the Russian Federation? Sending an accountant to the wilds regularly? Of course not. The parties will agree on the time frame and under what conditions payment will be made, as a rule, upon completion of the assignment, after the transfer of the research results.

Obligations and rights of an employee

What the administration is responsible for, we have sorted it out (at this point). But the worker also has responsibilities. Namely: he must inform the company in writing about the details of his personal account. Without such paper, the accountant does not have the right to make transfers. This is strictly controlled and is not an empty formality. If a person wants to change the bank, then he informs the administration about it. It is necessary to write an appropriate application, addressing it to the head or head of the financial department. This must be done no later than five days before the next payment. Otherwise, specialists will not have time to process the document. As a rule, the paper is written in the name of the chief accountant, so as not to generate unnecessary bureaucracy. No one else is affected by this statement.

Payment terms

The next condition, which our article describes, talks about when it is necessary to transfer money to the employee. It is recommended to divide it into two parts. In any case, the legislator obliges the administration to make payments with a regularity of half a month. We used to call these receipts: advance payment and salary. All the nuances of monetary relations are determined in They are also prescribed in Money is transferred, as a rule, personally to the worker. But there are conditions when they go to the account of another person. For example, when an employee suddenly dies. Specific situations are determined by special legal acts, they must also be included in the contract. In addition, the article calls the term This amount should be handed over to the employee no later than three days before the start of the holiday. Special conditions include a recommendation on the procedure for payments if tony falls on the weekend. The amount in this case should be at the disposal of the worker on the working day preceding the free day.

with comments

2016 did not bring any changes regarding the paragraph of legislation under consideration. Experts, commenting on it, indicate that the provisions of the article are strictly binding. Unscrupulous employers try to evade the need to make regular payments. This is allowed only when it is enshrined in the terms of an agreement or other bilateral document. That is, the parties must agree to other conditions that suit both. For violation of the provisions of the article, punishment is provided - a fine. The employee should be aware that the implementation of labor laws is controlled by government agencies. If the administration behaves dishonestly, does not pay on time, then you must boldly contact the appropriate authority. The inspector will check all the documents and make a decision. But before complaining, you need to check the papers that regulate the procedure for payments at the enterprise. Perhaps you missed something or forgot. Check the internal regulations and other papers. You can find them at the personnel officer or lawyer. They are not secret and must be provided to you for review both when applying for a job and at other times.