The remuneration system in the employment contract. Hourly form of remuneration. Employment contract with piecework wages

Terms of remuneration in the employment contract

Employment contract – an agreement between the employer and the employee, according to which the employer undertakes to provide the employee with work according to the specified labor function, to ensure working conditions provided for labor legislation and other regulatory legal acts containing labor law norms, collective agreements, agreements, local regulations and this agreement, to pay the employee wages in a timely manner and in full, and the employee undertakes to personally perform the labor function determined by this agreement, to comply with the internal rules labor regulations, operating at of this employer(Article 56 of the Labor Code of the Russian Federation).

The parties to the employment contract are the employer and the employee.

The employment contract is concluded in writing, drawn up in two copies, each of which is signed by the parties. One copy of the employment contract is given to the employee, the other is kept by the employer (Article 67 of the Labor Code of the Russian Federation). In addition, Article 67 of the Labor Code of the Russian Federation has been supplemented with a new requirement for the form of the employment contract: receipt by the employee of a copy of the employment contract must be confirmed by the employee’s signature on the copy of the employment contract kept by the employer. However, employers were previously recommended to require the employee to confirm receipt of the contract with his signature. Because in the case of a “problematic” dismissal, the employee could simply state that he did not receive a copy of the contract, and the employer, therefore, had to prove the opposite. This situation is now enshrined in law.

An employment contract is the main document defining the procedure for remuneration of employees. Moreover, from the meaning of Article 57 of the Labor Code of the Russian Federation, the terms of the employment contract cannot worsen the position of the employee compared to Labor Code, collective agreement, agreements and other regulations.

In accordance with Article 57 of the Labor Code of the Russian Federation, the terms of remuneration are essential terms of the employment contract (i.e., they are stipulated in the contract without fail) and must include: amount tariff rate or salary (official salary) of the employee; additional payments, allowances, incentive payments. In addition, the employment contract should indicate the procedure for remuneration in conditions deviating from normal ( overtime work, night work, weekend work and holidays etc.), determine the place and timing of payment of wages; reflect the form of remuneration - in cash or in a combination of monetary and non-monetary forms.

Depending on many factors, in particular, on the method of recording the employment of employees, the payment of wages at an enterprise can be organized in different ways. Along with piecework, time-based payment is one of the most common. Let’s consider cases when it is more profitable to introduce its hourly variety, clarify the nuances of labor legislation related to the “hourly wage”, teach how to make calculations using a specific example and show how this issue is reflected in labor agreement with an employee.

The salary is as accurate as a clock

Recording of working hours is mandatory, no matter how the payment of remuneration for labor is organized. But in some systems it is precisely this that is the determining factor that affects the amount of earnings earned. Money and features of their calculation.

Hourly payment- this is the relationship between the remuneration due to the employee and the time that he actually worked, calculated in hours.

In practice, it is not difficult to introduce it, since the employer is already obliged to take into account work time their employees (Part 4 of Article 91 of the Labor Code of the Russian Federation).

IMPORTANT! With a salary system, time tracking is also important, but there the calculation period is a month. In an hourly system, tariffs (salaries) are set for each hour of work.

Features of hourly payment

Since the hourly wage system is a special case, it is possible to determine when it is more appropriate to use it from the same positions. If standardization of work in adequate units is difficult, how to evaluate it with financial side? For example, you can calculate the number of products made in an hour, but you cannot standardize the work of, for example, a lawyer or a teacher in the same way.

Types of "hourly"

Depending on the influence of various production factors, different forms of hourly remuneration may be applied.

  1. Regular hourly rate. 1 hour of work has a fixed price, which is not affected by the result given by the employee (“time is money”). This type of remuneration is used when the quality of work is not as important as the time actually spent at the workplace, for example, the position of duty officer, security guard, operator, administrator, etc.
  2. Premium hourly pay. The bonus is assigned for indicators additional to the time worked, such as volume of work, declared quality, etc. The amount of the bonus must be agreed upon in advance and is added to the established hourly rate.
  3. Standardized hourly rate. In addition to the rate per hour of work established by the tariff or salary, additional payment is guaranteed for strict compliance with the conditions set by the employer. It is advisable to use such a system when exceeding production standards is undesirable.

Hourly payment according to the Labor Code of the Russian Federation

When accepting an hourly wage system, an entrepreneur must be guided by the relevant articles of Russian labor legislation:

  • Art. 91 speaks of the need to take into account the actual time worked by each employee assigned to the employer;
  • Art. 57 of the Labor Code of the Russian Federation obliges to include a condition on hourly payment in an employment contract, since the remuneration system is its essential condition;
  • part 3 art. 133 of the Labor Code of the Russian Federation talks about temporary standards and the corresponding payment - the maximum working week is 40 hours and the fulfillment of the hourly standard according to the production calendar during the month must guarantee hourly employees a salary not lower than the minimum level established by the state ();
  • the current relevant article of the Federal Law on the establishment of the minimum wage in Russia.

Who benefits from hourly work and when?

Advantages for the employer

  • a working hour is always the same period of time, and the working day can change its duration, so it is more convenient to operate with a clock;
  • rates per hour of employment will help more accurately regulate the amount of payment due in cases where the employee was absent for a certain time;
  • it is more convenient to calculate remuneration for part-time workers employed part-time, as well as for those in respect of whom it applies;
  • financial savings, since only time spent working is paid;
  • additional incentive for effective use working hours of employees.

Employer risks:

  • a more complicated calculation system (with strict accounting of the working time of all personnel);
  • reduced efficiency of this system without bonuses;
  • We need an additional position - a controller and a time keeper.

Which employees will be suitable for:

  • how much you worked, you got it for as much, it’s very convenient when flexible schedule, part-time or part-time position;
  • ideal for workers whose working day cannot be precisely regulated, for example, teachers (one day he can be busy for 6 hours, another - 4);
  • a good payment option for uneven loads.

Possible disadvantages for employees:

  • the employer can sometimes set a fairly large amount of work required to be completed per hour, and failure to achieve the standard, although it guarantees payment of the hourly rate (salary), makes it impossible to receive a bonus.

Hourly wage calculation

To calculate the amount due to an hourly employee, you need to multiply the hourly tariff rate (salary) by the time actually worked and recorded (in hours).

For example, a teacher at a study center foreign languages receives 300 rubles for 1 hour of work with a child. He does not have a clear work schedule: today there may be two classes with children, the next day - three, and so on. In January 2017, the tutor worked for 75 hours. For January he is entitled to 300 x 75 = 22,500 rubles.

ATTENTION! Whatever the cost of the hourly rate is chosen, if during the month the employee has worked the norm according to the production calendar, he cannot receive less than the minimum wage guarantee - today 7,500 rubles.

Hourly wage and employment contract

The Labor Code of the Russian Federation speaks of the mandatory inclusion of the terms of hourly wages in the employment contract concluded with an employee, or an additional agreement to it. If employees are transferred to an “hourly” position from another salary system, they must learn about the upcoming changes at least 2 months in advance: the changes must not only be included in the employment contract, but also be enshrined in the relevant orders and local acts of the company. It is necessary to indicate:

  • hourly rate (salary);
  • the procedure for calculating earnings;
  • terms of bonuses and deductions;
  • payment procedure for hours on holidays, weekends and nights;
  • specific days of salary issuance (at least 2 per month);
  • additional conditions, if any: probation, social guarantees and so on.

Example of an employment contract including an hourly wage clause

Attention! The contract below elaborates those points that relate to hourly wages. The remaining clauses can be inserted from the regular employment contract at your discretion.

Employment contract with a teacher

Limited Liability Company "Smart Children" (abbreviated name LLC "Smart Children"), hereinafter referred to as the "Employer", represented by General Director Alexey Stepanovich Razumentsev, acting on the basis of the Charter, on the one hand, and citizen Polyglotov Arkady Konstantinovich, referred to as hereinafter “Employee”, on the other hand, have entered into this employment contract, hereinafter referred to as the “Agreement”, as follows.

1. The Subject of the Agreement

1.1. Under the Agreement, the Employer undertakes to provide the Employee with work according to the labor function stipulated in this agreement: teaching activities in a children's early development center, provide working conditions provided for by the current labor legislation, local regulations of the Employer, pay the Employee wages in a timely manner and in full, and The Employee undertakes to personally perform the labor function defined by this Agreement - to provide teaching services, to comply with the internal labor regulations in force in the organization, other local regulations of the Employer, as well as to perform other duties provided for by the Agreement, as well as additional agreements thereto.

1.2. The employment contract with the employee is drawn up in accordance with current legislation and is a mandatory document for the Parties, including when resolving labor disputes between the Employee and the Employer in judicial and other bodies.

2. Basic provisions

2.1. The Employer instructs and the Employee undertakes to carry out labor responsibilities as an English teacher and German language for children 4-7 years old at the “Smart Children” early development school.

2.2. Work under the Contract is the main job for the Employee and is paid by the hour, in accordance with the approved and agreed upon schedule.

2.3. The Employee’s place of work is a branch of the “Smart Children” school, located at the address: Moscow, Zavaruevsky Lane, 12.

3. Duration of the contract

3.1. An employment contract with an employee comes into force from the moment it is signed and is valid for six months. The employee must begin performing his job duties on September 1, 2016.

4. Terms of payment

4.1. The Employee's official salary is 250 rubles per hour.

4.2. The Employee's salary is paid by transferring funds to the Employee's debit (credit) card twice a month, on the 13th and 28th, or by paying cash at the organization's cash desk.

4.3. Deductions may be made from the Employee’s salary in cases provided for by law. Russian Federation.

4.4. The employer sets incentives and compensation payments(additional payments, allowances, bonuses, etc.). The conditions for such payments and their amounts are determined in the Regulations on the payment of allowances and bonuses to employees of the company.

4.5. If the Employee performs, along with his main work extra work for another position or to perform the duties of a temporarily absent employee without release from his main job, the Employee is paid additionally in accordance with the additional agreement.

5. Rights and obligations of the Employee

5.1. The employee is obliged:

5.1.1. Fulfill obligations in accordance with this Agreement in good faith.

5.1.2. Comply with the internal labor regulations of the organization and other local regulations of the Employer.

5.1.3. Maintain labor discipline.

5.1.4. Comply with labor standards if they are established by the Employer.

5.1.5. Comply with labor protection and occupational safety requirements.

5.1.6. Treats the property of the Employer and other employees with care.

5.1.7. Immediately notify the Employer of the occurrence of a situation that poses a threat to the life and health of children, or the safety of the Employer’s property.

5.2. The employee has the right to:

5.2.1. Providing him with work stipulated by this employment contract.

5.2.2. Timely and full payment of wages in accordance with your qualifications, complexity of work, quantity and quality of work performed.

5.2.3. Rest, including paid annual leave, weekly days off, non-working holidays.

5.2.4. Compulsory social insurance in cases provided for by federal laws.

5.2.5. Other rights established by the current legislation of the Russian Federation.

6. Rights and obligations of the Employer

6.1. The employer is obliged:

6.1.1. Comply with laws and other regulations, local regulations, and the terms of this employment contract.

6.1.2. Provide the Employee with work stipulated by the Agreement.

6.1.3. Provide the Employee with equipment, technical documentation and other means necessary for the performance of his labor duties.

6.1.4. Pay the full amount of wages due to the Employee on time.

6.1.5. Carry out compulsory social insurance for the Employee in the manner established by federal laws.

6.1.7. Perform other duties established by the current legislation of the Russian Federation.

6.2. The employer has the right:

6.2.1. Encourage the Employee for conscientious, effective work.

6.2.2. Require the Employee to fulfill labor duties specified in the Agreement, to take care of the property of the Employer and other employees, to comply with laws and local regulations.

6.2.3. Bring the Employee to disciplinary and financial liability in the manner established by the current legislation of the Russian Federation.

6.2.4. Adopt local regulations.

6.2.5. Exercise other rights provided for by the current legislation of the Russian Federation and local regulations.

7. Guarantees and compensation

8. Responsibility of the parties

9. Final provisions

10. Details of the parties

Employer: Smart Children LLC, Taxpayer Identification Number: xxxxxxxxxxxxx legal entity. address: Moscow, Zavaruevsky lane, 12.
account: xxxxxxxxxxxxx in Sberbank of Russia, account: xxxxxxxxxx, BIC: xxxxxxxxxxx.

Employee: Polyglotov Arkady Konstantinovich, registered at the address: Moscow, st. Zavetnaya, 9.18, kV. 135;:, passport: XX xxxxxxxxxx, issued “October 18, 1995, Basmanny Department of Internal Affairs of Moscow.

phone: 095-722-44-78.

From the Employer: CEO LLC "Smart Children" (signature) Razumentsev A.S.

Employee: Polyglotov A.K (signature)

Note! Those points that are not disclosed in the contract are standard! Those. they can be safely borrowed from a regular employment contract.

Webinars from the magazine "Personnel Business" - simple and effective method study the topic you need. As part of the webinar “How to prescribe the terms of remuneration in local regulations and employment contracts,” Yulia ZHIZHERINA, a lawyer in the labor and migration law practice of the Pepeliaev Group, will talk about what conditions regarding remuneration must be prescribed in local regulations. How to indicate the amount of wages in an employment contract. How to register bonuses and allowances in local regulations and an employment contract.

Local regulations regarding wages

  • Regulations on remuneration
  • Regulations on bonuses
  • Internal labor regulations
  • Staffing table
  • Order on approval of the pay slip form

What do we provide for in the Regulations on Remuneration?

  • General provisions: terms, to whom it applies, on what regulations it is based
  • Description of the remuneration system: the remuneration system(s) is established, categories of workers are determined
  • The procedure for calculating the fixed part of remuneration (salary, tariff rate) is described.
  • Describes the variable part of remuneration (bonuses) or makes reference to the Regulations on bonuses
  • Describes allowances and surcharges (mandatory by law and established by the company)
  • The payment procedure is established (terms, methods of issuance, etc.)

What to include in an employment contract regarding remuneration

Example:

"6.1. The Employee's monthly official salary is 20,000 (twenty thousand) rubles.
6.2. Salary is paid to the Employee in rubles by transfer to the Employee’s bank card.
6.3. The official salary is paid to the Employee every half month for the time actually worked based on the time sheet: for the first half of the month - on the 16th day, for the second half - on the 1st day of the next month.
6.4. The Employer may establish bonuses, allowances and other payments of a compensatory and incentive nature to the Employee, in the amount, manner and under the conditions provided for by the legislation of the Russian Federation and local regulations of the Employer.
6.5. The Employer withholds personal income tax from the amount of wages and other accruals of the Employee.
6.6. Payment of wages is made in cash in the currency of the Russian Federation.”

How to specify payment terms?

BUT: If new employees - special attention (Letter of the Ministry of Health and Social Development of Russia dated February 25, 2009 No. 22-2-709, for example, Appeal ruling dated April 1, 2014 in case No. 33-980/2014, Determination dated July 8, 2014 . in case No. 33-5801)

How much should I pay in the first part of my salary?

How much should I pay for the first part of my salary? – actually worked out according to the report card (Resolution of the Council of Ministers of the USSR dated May 23, 1957 N 566, Rostrud - letter dated 09/08/2006 N 1557-6).

Example:
“The official salary is paid to the Employee every half month for the time actually worked on the basis of the time sheet: for the first half of the month - on the 16th day, for the second half - on the 1st day of the next month.”

Can an employee change banks?

Art. 136 of the Labor Code of the Russian Federation - maybe by warning in writing 5 days before salary payment

What can be provided:

1) Directly establish in the employment contract a non-cash method of paying wages to employees, indicating a specific bank.

2) Establish in the employment contract that within the framework of the salary project (but not any bank) service costs bank card is borne by the employer.

3) Establish in the employment contract a special procedure for the employee to submit an application

Is indexing necessary?

Art. 134 Labor Code of the Russian Federation, Determination of the Constitutional Court of the Russian Federation dated June 17, 2010 N 913-О-О - Mandatory

Will the court oblige the LNA to provide for indexation?

  • No (Appeal ruling dated July 18, 2013 in case No. 11-22647/13, Determination dated September 18, 2013 N 33-4335/2013)
  • Yes (Determination of the Leningrad Regional Court dated May 15, 2013 N 33-1971/2013)

What percentage? – Determined by the employer, but taking into account agreements (Appeal ruling dated 09/03/2012 in case No. 33-7513B-09)

What is the frequency? – One year (Appeal ruling in case 33-456/2015 dated 02/26/2015), another period (for example, Decision in case No. 25120/201 dated 09/29/2014)

Can other increases be taken into account? – Yes (Appeal ruling dated July 23, 2014 No. 33-1405, Appeal ruling dated August 28, 2014 in case No. 33-34136)

Is there enough in the employment contract? – No (Appeal ruling dated January 28, 2015 in case No. 33-418/2015(33-8628/2014)).

Example:
“The Employer indexes the wages of employees, as a rule, by 3% annually in the 2nd quarter of the current year based on the financial capabilities of the Employer and the approved budget.”

Art. Art. 129, 135, 8, 9 - bonuses fall within the exclusive competence of the employer and are established in the local regulatory legal acts of the employer.

The mandatory payment depends on the wording in the LNA and the employment contract (see, Appeal ruling dated November 11, 2014 in case No. 33-14653/2014)

Example of wording in an employment contract:
“Employees are paid a salary of 20,000 rubles. Depending on the financial results activities of the Company, employees may be paid remuneration in accordance with the regulations on the procedure and bonuses for employees (Appeal decision dated August 20, 2014 No. 33-33184)"

How to formulate bonus conditions?

Examples of wording in bonus regulations:
“The current bonuses for the Company’s employees are made based on the results of work for a month or quarter, depending on the position held. Bonuses are paid if the employee fulfills the terms of the bonus, if he/she properly performs during a certain period of work duties stipulated by the employment contract, job description, other local regulations of the Company, as well as the execution by employees of orders of the Company’s management and immediate supervisor” (Appeal ruling dated July 22, 2014 in case No. 33-29162)

“Bonus payments mean payment to employees of amounts of money in excess of basic earnings, additional payments and allowances in order to reward employees for achieved production results, good faith performance labor responsibilities, fulfillment of contractual obligations and stimulating further growth of labor productivity. Bonuses are awarded based on the performance of the enterprise.”
(Appeal ruling dated March 12, 2014 in case No. 33-746)

How to formulate bonus conditions?

If the terms of the bonus are formulated accordingly, and payment is not guaranteed, the court will support non-payment (see, for example, the Appeal ruling dated May 7, 2015 in case No. 33-3789/2015, the Appeal ruling dated July 8, 2014 in the case No. 33-27385).

BUT: can check the motives for non-payment or reduction of a bonus to an employee (see, for example, the Appeal decision dated 08/02/2013 in case No. 33-2384/2013).

How to formulate bonus conditions?

What can be indicated in the Regulations on bonuses:

  • bonus indicators;
  • bonus conditions;
  • circle of employees receiving bonuses;
  • amounts of bonus payments;
  • procedure for calculating bonuses;
  • frequency of bonuses;
  • sources of bonuses;
  • a list of circumstances in the presence of which the bonus is paid less than the base amount or is not paid at all;
  • list of payments for which the bonus is calculated.

How to fix northern allowances?

Provide for northern allowances and regional coefficients in LNA and employment contracts - mandatory (see, Appeal ruling dated February 24, 2014 in case No. 33-1457, Appeal ruling dated December 18, 2013 in case No. 33-8030/2013).

Example in LNA: To the actual accrued wages, including bonuses, a percentage increase in wages is paid for length of service in a given area - 10% of earnings after the first year of work with an increase of 10% for each subsequent year of work with maximum size allowances – 50% of earnings based on Art. 315 TK, Art. 11 of the Law of the Russian Federation of February 19, 1993 No. 4520-1 “On state guarantees and compensation for persons working and living in the regions of the Far North and equivalent areas.”

Example in an employment contract: “To the actual accrued wages, including bonuses related to the performance of labor duties, a percentage increase of 50% is applied to wages for work in areas equated to the regions of the Far North.”

How to secure surcharges for “pests”?

It is mandatory to provide for increased wages for “harmful workers” in LNA and employment contracts (see, Appeal ruling dated February 12, 2015 in case No. 33-633/2015).

Example in LNA: “In accordance with Art. 147 of the Labor Code of the Russian Federation, based on a special assessment of the working conditions of employees working in harmful conditions labor (holding positions in accordance with Appendix No. 1) wages are set at an increased wage in the amount of 4 percent of the salary established for various types work with normal conditions labor.

Example in an employment contract: “In accordance with Art. 147 of the Labor Code of the Russian Federation, based on a special assessment of working conditions, an employee is given a bonus in the amount of 4 percent of the tariff rate (salary) for work in hazardous working conditions.”

How to fix the “traveling allowance”?

How to fix it in the LNA and employment contract (Letter of Rostrud dated December 12, 2013 No. 4209-T3):

  • reflect the condition regarding the traveling nature of the work in the employment contract;
  • specify the amount and procedure for paying bonuses in the employment contract;
  • approve the list of jobs, professions and positions that are of a traveling nature in local regulations.

How much is the bonus? - Employer, except for: Soviet acts for some industries (Resolutions of the USSR State Committee on Labor and Social Issues and the All-Russian Central Council of Trade Unions of June 1, 1989 No. 169/10-87), agreements (Federal Industry Agreement on road construction for 2014–2016)

Attention! Arbitrage practice regarding personal income tax

has changed (see: Review of the practice of courts considering cases related to the application of Chapter 23 of the Tax Code of the Russian Federation, approved by the Presidium of the Supreme Court of the Russian Federation on October 21, 2015) - no personal income tax

Example in LNA:
“Employees who have a traveling nature of work are given a bonus for the traveling nature of work in the amount of 10% of their salary per month.”

How to fix the “shift allowance”?

Art. 302 TK RF - allowance for shift method work

Letter of the Ministry of Finance of the Russian Federation dated 05/08/2009 n 03-04-06-01/112 - no personal income tax

Mandatory: enshrined in the LNA and the employment contract

Example in LNA:
“Workers performing work on a rotational basis, for each calendar day of stay in the places of work during the work shift, as well as for the actual days of travel from the collection point to the place of work and back, are paid in return a bonus for the rotational method - 20% of the monthly tariff rates, official salary."

Employment contract (relationships) regarding wages

One of mandatory conditions to be included in the employment contract are the terms of remuneration (including the amount of the tariff rate or salary (official salary) of the employee, additional payments, allowances and incentive payments).

About what forms and systems of remuneration are provided for by the legislation of the Russian Federation, within what time frames must be paid wage, as well as what liability the employer has for violating these deadlines, we will tell you in this article.

According to Articles 21 and 22 of the Labor Code of the Russian Federation (hereinafter referred to as the Labor Code of the Russian Federation), an employee has the right to timely and full payment of wages in accordance with his qualifications, complexity of work, quantity and quality of work performed, and the employer is obliged to pay in full the amount due the employee receives wages within the time limits established in accordance with the Labor Code of the Russian Federation, the collective agreement, internal labor regulations, and employment contracts.

Thus, payment of wages is the basic right of the employee and the basic responsibility of the employer.

Based on Article 129 of the Labor Code of the Russian Federation, wages (employee remuneration) are remuneration for work depending on the employee’s qualifications, complexity, quantity, quality and conditions of work performed, as well as compensation payments (additional payments and allowances of a compensatory nature, including for work in conditions deviating from normal, work in special climatic conditions and in areas exposed to radioactive contamination, and other compensation payments) and incentive payments (additional payments and incentive allowances, bonuses and other incentive payments).

By virtue of Article 135 of the Labor Code of the Russian Federation, an employee’s wages are established by an employment contract in accordance with the remuneration systems in force for a given employer. In accordance with Part 2 of Article 135 of the Labor Code of the Russian Federation, remuneration systems, including tariff rates, salaries (official salaries), additional payments and allowances of a compensatory nature, including for work in conditions deviating from normal, systems of additional payments and incentive allowances and systems bonuses are established by collective agreements, agreements, local regulations in accordance with labor legislation and other regulations containing labor law norms.

According to Article 57 of the Labor Code of the Russian Federation, the employment contract must necessarily include the terms of remuneration (including the amount of the tariff rate or salary (official salary) of the employee, additional payments, allowances and incentive payments).

Thus, the amount of wages, including the size of the tariff rate or salary (official salary), additional payments, allowances and incentive payments, is a mandatory condition of the employment contract of each employee, determined by agreement of the parties in accordance with the collective agreement in force for a given employer, agreement, local regulations.

Pay systems

Currently, time-based, piece-rate and commission-based remuneration systems are most widely used. Each employer independently establishes its own remuneration system. In addition to those indicated, other remuneration systems may be provided.

Time-based (tariff) wage system

With time-based (tariff) wages, the employee’s wages are determined based on the time actually worked and the tariff rate (salary). In this case, the tariff rate should be understood as a fixed amount of remuneration for an employee for fulfilling a standard of work of a certain complexity (qualification) per unit of time, without taking into account compensation, incentives and social payments (Article 129 of the Labor Code of the Russian Federation).

According to Article 143 of the Labor Code of the Russian Federation, tariff systems of remuneration are wage systems based on a tariff system of differentiation of wages for workers of different categories.

The tariff system for differentiating wages for workers of various categories includes: tariff rates, salaries (official salaries), tariff schedule and tariff coefficients.

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

The main types of time-based (tariff) wages are:

– simple time-based;

– time-bonus.

With simple time-based wages, the employee’s wages are calculated based on the tariff rate or official salary according to staffing table organization and the amount of time worked by the employee.

If during the month the employee worked all working days, then the amount of his salary will correspond to his official salary.

If the employee does not work all of his working time, then remuneration will be accrued only for the time actually worked.

Some employers use hourly and daily wages as variations of the time system. In this case, the employee’s earnings are determined by multiplying the hourly (daily) wage rate by the number of hours (days) actually worked.

Time-based bonus payment provides for the accrual and payment of a bonus, determined as a percentage of the official salary (tariff rate) on the basis of a developed regulation on bonuses for employees, a collective agreement or an order (instruction) of the head of the organization.

Please note that, as a rule, time system remuneration is applied when paying the management personnel of the organization, employees of auxiliary and service production, as well as part-time workers.

Piece wage system

With piecework wages, wages are accrued to the employee based on the final results of his work, which is an incentive for the employee to increase labor productivity. In addition, with such a remuneration system, it is possible not to control the appropriateness of employees’ use of working time, since each employee is interested in producing more products.

The basis for calculating piecework wages is the piecework rate, which represents the amount of remuneration to be paid to the employee for producing a unit of product or performing a certain business operation.

Depending on the method of calculating wages, the piecework wage system is divided into:

– direct piecework;

With such remuneration, the employee is remunerated for work actually performed at established piece rates;

– piecework-progressive;

With this form of remuneration, the employee’s wages for manufacturing products within the established norm are determined at established piece rates, and for manufacturing products in excess of the norm - at higher prices;

– indirect piecework.

As a rule, indirect piecework wages are applied to workers performing auxiliary work in servicing the main production. With this form of remuneration, the employee’s salary depends on the results of the work of workers in the main production, and not on his personal output;

– chord.

Lump sum remuneration assumes that for a team of workers or an individual employee, the amount of remuneration is established for a set of works, and not for a specific production operation.

Depending on the method of labor organization, piecework wages are divided into individual and collective (team).

With individual piecework wages, the employee’s remuneration for his work depends entirely on the quantity of products produced individually, its quality and piecework rates.

With collective (team) piecework wages, the wages of the entire team are set taking into account the actual work performed and its price, and the wages of each employee of the team (team) depend on the volume of products produced by the entire team and on the quantity and quality of his work in the total volume of work.

Commission system of remuneration

This type of remuneration system is currently widely used in organizations engaged in trading operations, providing services to the public, and so on. An employee’s earnings under a commission system of remuneration are determined in the form of a fixed (percentage) income from sales volume.

There are many types of commission forms of remuneration that coordinate the remuneration of employees with the effectiveness of their activities. The choice of a specific method depends on what goals are set for the organization, as well as on the specifics of the market, the characteristics of the product being sold, and other factors.

Forms of remuneration

According to Part 1 of Article 131 of the Labor Code of the Russian Federation, wages are paid in cash in the currency of the Russian Federation - in rubles.

Note!

As practice shows, an employer may have a question: does he have the right to establish wages in conventional units or foreign currency in employment contracts? For the answer, let us turn to the letter of Rostrud dated October 10, 2006 No. 1688-6-1. The letter states that the payment of wages on the territory of the Russian Federation in foreign currency is not provided for by current labor legislation. In this regard, in employment contracts with employees, wages must be established in rubles.

Establishing wages in ruble equivalent in foreign currency in employment contracts, according to Rostrud, will not fully comply with labor legislation, and in certain conditions will infringe on the rights of workers.

In this regard, Rostrud believes that establishing the amount of official salary in foreign currency in employment contracts can be regarded as a violation of labor legislation.

A similar opinion was expressed in letters dated June 24, 2009 No. 1810-6-1, dated March 11, 2009 No. 1145-TZ.

Based on Part 2 of Article 131 of the Labor Code of the Russian Federation, in accordance with a collective agreement or an employment contract, upon the written application of an employee, remuneration may be made in other forms that do not contradict the legislation of the Russian Federation and international treaties of the Russian Federation. It should be taken into account that the share of wages paid in non-monetary form cannot exceed 20% of the accrued monthly wage.

Note!

The Plenum of the Supreme Court of the Russian Federation in paragraph 54 of Resolution No. 2 of March 17, 2004 “On the application by the courts of the Russian Federation of the Labor Code of the Russian Federation” (hereinafter referred to as Resolution of the Plenum of the Supreme Court of the Russian Federation No. 2) indicated that when resolving disputes arising in connection with the payment of wages to an employee in non-monetary form in accordance with a collective agreement or employment contract, it must be borne in mind that the payment of wages in this form can be recognized as justified if the following legally significant circumstances are proven:

– there was a voluntary expression of the employee’s will, confirmed by his written statement, to pay wages in non-monetary form. At the same time, Article 131 of the Labor Code of the Russian Federation does not exclude the employee’s right to express consent to receive part of the salary in non-monetary form, both for this specific payment and for a certain period (for example, during a quarter, a year). If an employee has expressed a desire to receive part of his salary in kind for a certain period, then he has the right, before the end of this period, in agreement with the employer, to refuse this form of payment;

– wages in non-monetary form were paid in an amount not exceeding 20% ​​of the accrued monthly wage;

– payment of wages in kind is usual or desirable in these industries, types economic activity or professions (for example, such payments have become common in the agricultural sector of the economy);

this kind payments are suitable for the personal consumption of the employee and his family or bring him a certain kind of benefit, keeping in mind that payment of wages in bonds, coupons, in the form of promissory notes, receipts, as well as in the form of alcoholic beverages, narcotic, poisonous , harmful and other toxic substances, weapons, ammunition and other items that are subject to prohibitions or restrictions on their free circulation

– when paying wages to an employee in kind, the requirements of reasonableness and fairness are met with respect to the value of the goods transferred to him as remuneration, that is, their value in any case should not exceed the level of market prices prevailing for these goods in a given area during the period of accrual payments.

Based on Article 136 of the Labor Code of the Russian Federation, wages are paid to the employee, as a rule, at the place where he performs the work or is transferred to the credit institution specified in the employee’s application, under the conditions determined by the collective agreement or employment contract. Keep in mind that 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, unless another method of payment is provided federal law or an employment contract.

Salaries are paid at least every half month. Specific terms for payment of wages are established by internal labor regulations, collective agreement, and employment contract.

Note!

The letter of the Ministry of Labor of Russia dated November 28, 2013 No. 14-2-242 states that the Labor Code of the Russian Federation establishes a requirement for the maximum permissible interval between wage payments when regulating the issue of specific terms for its payment in a local regulatory act, a collective agreement, or an employment contract. It follows from this requirement that the interval between payments should not exceed half a month, and there is no connection to calendar month, and the ability to pay all employees wages more often than the appropriate period is not limited.

According to the Russian Ministry of Labor, if not a specific day for payment of wages is determined, but a period during which the payment can be made, fulfillment of this requirement will not be guaranteed.

Responsibility for delayed payment of wages

For delay in payment of wages and other payments due to an employee, Article 236 of the Labor Code of the Russian Federation establishes material liability employer. So, according to this article, if the employer violates deadline payment of wages, the employer is obliged to pay it with interest (monetary compensation). Monetary compensation is paid for each day of delay, starting from the next day after the established payment deadline until the day of actual settlement, inclusive. The amount of compensation must be no less than one three hundredth of the refinancing rate of the Central Bank of the Russian Federation in force at that time for amounts not paid on time.

Example

The organization’s employment contract stipulates that wages are paid twice a month:

20th of the current month – advance payment;

5th of the next month – salary.

Compensation for late payment wages are determined based on 1/300 of the refinancing rate of the Central Bank of the Russian Federation.

The employee's salary for May 2015 is 50,000 rubles.

According to the conditions of the example, paid wages are delayed for 10 days.

The refinancing rate of the Central Bank of the Russian Federation at the time of payment was 8.25%.

We calculate the amount of compensation:

(30,000 x 8.25%) / 300 x 10 days = 82.5 rubles.

Please note that the amount of monetary compensation paid to an employee can be increased by a collective agreement, local regulation or employment contract. The obligation to pay the specified monetary compensation arises regardless of the employer’s fault (Article 236 of the Labor Code of the Russian Federation).

It should be emphasized that in this case, the employer does not compensate the employee for direct actual damage, but for a kind of lost profit, that is, it compensates for the losses that the employee may suffer due to the fact that wages were not paid on time.

If the payment day coincides with a weekend or non-working holiday, wages are paid on the eve of this day (Article 136 of the Labor Code of the Russian Federation). That is, if the date of payment of wages, according to the internal rules of the organization, fell on Saturday or Sunday, then its payment on the following Monday is late and the employee has the right to demand payment of monetary compensation for late payment of wages.

It should be noted that when calculating the amount of monetary compensation for late wages, all calendar days are taken into account. Consequently, if the period of delay includes weekends and holidays, then they are also taken into account when calculating the amount of compensation for delayed wages.

Please note that in case of consideration of a dispute arising in connection with the employer’s refusal to pay interest (monetary compensation) to the employee for violation of the deadline for payment of wages, the court, according to the explanations given in paragraph 55 of the resolution of the Plenum of the Supreme Court of the Russian Federation No. 2, has the right to satisfy the claim independently from the employer’s fault in the delay in payment of the specified amount. Moreover, if a collective agreement, local regulation or employment contract determines the amount of interest to be paid by the employer in connection with the delay in payment of wages, then the court must calculate the amount of monetary compensation taking into account this amount, provided that it is not lower than that established by Article 236 of the Labor Code of the Russian Federation .

Based on Article 142 of the Labor Code of the Russian Federation, if wages are delayed 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 delayed amount is paid. Moreover, by virtue of paragraph 57 of the resolution of the Plenum of the Supreme Court of the Russian Federation No. 2, an employee can suspend work regardless of whether the employer is at fault for non-payment of wages. Please note that an employee can exercise this right only if he does not belong to the category of workers for whom the Labor Code of the Russian Federation is not allowed to suspend work.

It should be noted that the head of the organization, as well as other officials who delayed the payment of wages, may be subject to disciplinary liability on the basis of Article 195 of the Labor Code of the Russian Federation.

Let us recall that, according to this article, the employer is obliged to consider the application of the representative body of employees about violation by the head of the organization, the head of the structural unit of the organization, their deputies of labor legislation and other acts containing labor law, the terms of the collective agreement, agreement and report the results of its consideration to the representative body workers.

If the fact of violation is confirmed, the employer is obliged to apply to the head of the organization, the head of the structural unit of the organization, and their deputies disciplinary action up to and including dismissal.

In addition, persons who have delayed payment of wages may be subject to:

– to administrative liability in accordance with Article 5.27 of the Code of the Russian Federation on Administrative Offenses (hereinafter referred to as the Code of Administrative Offenses of the Russian Federation).

We note that by virtue of the said article, namely paragraph 1, violation of labor legislation and other regulatory legal acts containing labor law norms, unless otherwise provided for in paragraphs 2 and 3 of Article 5.27 and Article 5.27.1. Code of Administrative Offenses of the Russian Federation, entails a warning or the imposition of an administrative fine:

– for officials in the amount of 1,000 to 5,000 rubles;

– on persons carrying out entrepreneurial activity without forming a legal entity - from 1,000 to 5,000 rubles;

- on legal entities– from 30,000 to 50,000 rubles.

Repeated commission by a person who was previously subjected to administrative punishment for a similar administrative offense entails, on the basis of paragraph 4 of Article 5.27 of the Code of Administrative Offenses of the Russian Federation, the imposition of an administrative fine:

– for officials in the amount of 10,000 to 20,000 rubles or disqualification for a period of one to three years;

– for persons carrying out entrepreneurial activities without forming a legal entity – from 10,000 to 20,000 rubles;

– for legal entities – from 50,000 to 70,000 rubles;

– to criminal liability in accordance with Article 145.1 of the Criminal Code of the Russian Federation.

On the basis of this article, partial non-payment of wages and other payments established by law for more than three months, committed out of selfish or other personal interest by the head of an organization, an employer - an individual, the head of a branch, representative office or other separate structural unit of the organization, is punishable:

– a fine in the amount of up to 120,000 rubles or in the amount of wages or other income of the convicted person for a period of up to one year;

– deprivation of the right to hold certain positions or engage in certain activities for a period of up to one year;

– forced labor for up to two years;

– imprisonment for a term of up to one year.

In this case, partial non-payment of wages and other payments established by law means payment in the amount of less than half of the amount payable.

Complete non-payment of wages and other payments established by law for more than two months or payment of wages for more than two months in an amount below the minimum wage established by federal law, committed out of selfish or other personal interest by the head of the organization, the employer - an individual, the head of a branch, representative office or another separate structural unit of the organization is punishable;

– a fine in the amount of 100,000 to 500,000 rubles or in the amount of wages or other income of the convicted person for a period of up to three years;

– forced labor for a term of up to three years with or without deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years;

– imprisonment for a term of up to three years with or without deprivation of the right to hold certain positions or engage in certain activities for a term of up to three years.

If non-payment (partial or full) has resulted in grave consequences, the head of the organization, the employer - individual, the head of a branch, representative office or other separate structural unit of an organization is punished:

– a fine in the amount of two hundred thousand to five hundred thousand rubles or in the amount of wages or other income of the convicted person for a period of one to three years;

– imprisonment for a term of two to five years with or without deprivation of the right to hold certain positions or engage in certain activities for a term of up to five years.

At the end of the article, it should be noted that the employer, in order to establish the procedure for paying wages, introducing a remuneration system and a bonus system, incentive payments and allowances, must develop and approve an appropriate internal document. This could be, for example, a Regulation on bonuses, a Regulation on allowances, a Regulation on remuneration, or a specific employment contract in which all terms of remuneration must be specified.

However, it is not entirely convenient to specify the terms of remuneration for each employee in the employment contract, so we can recommend creating a single document, which can be called “Regulations on remuneration”. This document includes clauses about bonuses and allowances, about other features of payment of wages to employees.

Employment contract– an agreement between the employer and the employee, according to which the employer undertakes to provide the employee with work according to the specified labor function, to provide working conditions provided for by labor legislation and other regulatory legal acts containing labor law norms, a collective agreement, agreements, local regulations and this agreement , pay the employee wages in a timely manner and in full, and the employee undertakes to personally perform the labor function determined by this agreement, to comply with the internal labor regulations in force for this employer (Article 56 of the Labor Code of the Russian Federation).

The employment contract is concluded in writing, drawn up in two copies, each of which is signed by the parties. One copy of the employment contract is given to the employee, the other is kept by the employer (Article 67 of the Labor Code of the Russian Federation). In addition, Article 67 of the Labor Code of the Russian Federation has been supplemented with a new requirement for the form of the employment contract: receipt by the employee of a copy of the employment contract must be confirmed by the employee’s signature on the copy of the employment contract kept by the employer. However, employers were previously recommended to require the employee to confirm receipt of the contract with his signature. Because in the case of a “problematic” dismissal, the employee could simply state that he did not receive a copy of the contract, and the employer, therefore, had to prove the opposite. This situation is now enshrined in law.

An employment contract is the main document defining the procedure for remuneration of employees. Moreover, from the meaning of Article 57 of the Labor Code of the Russian Federation, the terms of the employment contract cannot worsen the position of the employee in comparison with the Labor Code, collective agreement, agreements and other regulations.

In accordance with Article 57 of the Labor Code of the Russian Federation, the terms of remuneration are essential terms of the employment contract (i.e., they are stipulated in the contract without fail) and must include: the size of the tariff rate or salary (official salary) of the employee; additional payments, allowances, incentive payments. In addition, the employment contract should indicate the procedure for remuneration in conditions deviating from normal (overtime work, night work, work on weekends and holidays, etc.), determine the place and terms of payment of wages; reflect the form of remuneration - in cash or in a combination of monetary and non-monetary forms.

An employment contract is an agreement between an employer and an employee, according to which the employer undertakes to provide the employee with work for a specified labor function, to provide working conditions provided for by labor legislation and other regulatory legal acts containing labor law norms, a collective agreement, agreements, local regulations and by this agreement, to pay the employee wages in a timely manner and in full, and the employee undertakes to personally perform the labor function determined by this agreement, to comply with the internal labor regulations in force for this employer (Article 56 of the Labor Code of the Russian Federation).

The parties to the employment contract are the employer and the employee.

The employment contract is concluded in writing, drawn up in two copies, each of which is signed by the parties. One copy of the employment contract is given to the employee, the other is kept by the employer (Article 67 of the Labor Code of the Russian Federation). Article 67 of the Labor Code of the Russian Federation has been supplemented with a new requirement for the form of the employment contract: receipt by the employee of a copy of the employment contract must be confirmed by the employee’s signature on the copy of the employment contract kept by the employer. Note that previously, employers were recommended to require the employee to confirm receipt of the contract with his signature, since in the case of a “problematic” dismissal, the employee could simply state that he did not receive a copy of the contract, and the employer, therefore, had to prove the opposite. This situation is now enshrined in law.

An employment contract is the main document that determines the procedure for remuneration of workers, and within the meaning of Art. 57 of the Labor Code of the Russian Federation, the terms of an employment contract cannot worsen the position of an employee in comparison with the conditions defined by the Labor Code of the Russian Federation, a collective agreement, agreements and other regulations.

In accordance with Art. 57 of the Labor Code of the Russian Federation, the terms of remuneration are mandatory conditions for inclusion in an employment contract (i.e., they are stipulated in the contract without fail) and must include, in particular: the amount of the tariff rate or salary (official salary) of the employee; additional payments, allowances, incentive payments. In addition, the employment contract should indicate the procedure for remuneration in conditions deviating from normal (overtime work, night work, work on weekends and holidays, etc.), determine the place and terms of payment of wages; reflect the form of remuneration: monetary or a combination of monetary and non-monetary.

Changes in wage conditions

As stated above, the terms of remuneration refer to the essential terms of the employment contract, therefore, if it is necessary to make changes to the terms of remuneration, you should be guided by Art. 74 Labor Code of the Russian Federation. According to this article, for reasons related to changes in organizational or technological working conditions, it is allowed to change the essential terms of the employment contract determined by the parties at the initiative of the employer when the employee continues to work without changing job functions. Thus, the employee continues to work in the same position, in the same specialty, qualifications, but with changes in other essential terms of the contract, in particular the system and amount of remuneration. The employer is obliged to notify the employee of the upcoming change no later than two months before the introduction of such changes, unless otherwise established by the Labor Code of the Russian Federation or federal law, and only in writing. If the employee refuses to continue working under the new conditions, the employment contract is terminated in accordance with clause 7 of Art. 77 of the Labor Code of the Russian Federation (an employee’s refusal to continue working due to a change in the essential terms of the employment contract).

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According to the old version of Art. 72 of the Labor Code of the Russian Federation, a change in the essential terms of an employment contract was the transfer of an employee to another permanent job, therefore, a change in the terms of remuneration (reduction of tariff rates, salaries, reduction in the number of benefits provided, etc.) was also considered as a transfer to another job.

In accordance with new edition transfer to another job is a permanent or temporary change in the labor function of the employee and (or) the structural unit in which the employee works (if structural subdivision was specified in the employment contract), while continuing to work for the same employer, as well as transferring to work in another area together with the employer. Thus, a change in other conditions determined by the employment contract (including remuneration) does not constitute a transfer to another job, as was the case before.

The terms of an employment contract can only be changed by agreement of the parties and in writing, therefore a change in the terms of remuneration must be formalized by amending a previously concluded written employment contract.

Thus, changes in wage conditions are documented with the following documents:

♦ notification to the employer;

♦ an additional agreement (amendment) to the employment contract.

Corresponding changes are made to the employee’s personal card (section “Hiring and transfers to another job” of form No. T-2).

Terms of remuneration in the employment contract

Payment for labor in an employment contract is one of the mandatory conditions. In the absence of such a clause in the contract, the latter is considered invalid.
An employment contract is concluded by mutual consent of both parties. Therefore, both the employee and the employer have the right to offer their own salary options.

Salary, according to Art. 129 Labor Code of the Russian Federation. - This is a reward to the employee for his work. Its size may depend on the qualifications of the employee, his experience in this field and this position, as well as on other factors. But the employer does not have the right to set the amount of remuneration to the employee below the minimum threshold, which is established for each region separately.

The employer establishes the procedure for paying wages depending on the remuneration system adopted at the enterprise. Both the remuneration system and the procedure for paying salaries must be specified in the employment contract.
The remuneration system is established by regulatory and local acts of the enterprise. The employer does not have the right to indicate in the employment contract a different system of remuneration for labor than that established by the enterprise.

If the nature of the applicant’s work involves business trips, working overtime, part-time or combining several professions, as well as working on weekends, additional remuneration is also stipulated in the employment contract.
The amount of additional payments is established by agreement of the parties, but in full accordance with Art. 151 Labor Code of the Russian Federation.

Equal wages should be established for equal work. This is stated in Art. 22 Labor Code of the Russian Federation. It is also not allowed to “cut” wages depending on the gender and other characteristics of the employee. According to Art. 132 of the Labor Code of the Russian Federation prohibits discrimination against an employee on various grounds when establishing or changing wage conditions.

It is possible to change the amount of wages, as well as change the terms of payment, only by agreement of the parties. For this purpose, an additional agreement is drawn up, which indicates the nature of the changes. If the employee does not sign this document, then the employer has no right to change anything.
If the applicant will have to perform his work in difficult climatic conditions or work in hazardous production, then the employer must establish an additional payment in accordance with federal and regional labor legislation.

Mandatory terms of the employment contract

In accordance with labor legislation, an employment contract is an agreement between an employee and an employer (in Article 56 of the Labor Code of the Russian Federation). An employment contract assumes that the employer is obliged to provide the employee with work according to the specified labor function, provide working conditions, pay wages on time and in full, and the employee undertakes to perform certain labor functions in the interests, under the management and control of the employer, and also to comply with internal labor regulations.

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Let's consider the conditions that should be included in the employment contract.

In accordance with Art. 57 of the Labor Code of the Russian Federation, an employment contract must include:

  • Information to be included in the employment contract;
  • Mandatory terms of the contract;
  • Additional terms of the agreement.

Information to be included in the employment contract includes:

  • Last name, first name and patronymic of the employee;
  • Employer's name;
  • Details of the employee’s identity document;
  • employer's tax identification number;
  • Information about the employer’s representative (if the employer concludes the employment contract not personally, but through his representative);
  • Date and place of conclusion of the contract.

The absence of the above information may be grounds for termination of the contract.

Mandatory terms of the contract

The employment contract must include the following conditions:

Do not confuse place of work and workplace. Place of work is the name of the employer.

If an employee is accepted into a branch of the organization located in another area, then the contract indicates its location.

“The employee’s place of work is Moscow Windows LLC located at the address: Moscow, st. Moskovskaya, 29.”

A labor function is work according to a position, profession, specialty, indicating the qualifications or specific type of work assigned to the employee.

The employer can determine the title of the position for work not related to harmful and dangerous working conditions independently. If the work involves harmful and dangerous working conditions, i.e. involve the provision of any compensation or benefits, then the names of positions, professions or specialties must be indicated in accordance with qualification reference books(ETKS, EKS) and professional standards.

For the position: “The employee is entrusted with performing work as a design engineer.”

For the profession: “The employee is hired as a mechanic of the 3rd category.”

3. Start date of work.

The start date of work may differ from the date of conclusion of the employment contract.

If the start date of work is not specified in the employment contract, then the employee must begin work on the day following the day the employment contract is signed.

Note: when an employee is actually allowed to perform work, the employer is obliged to conclude an employment contract with him no later than 3 days from the date of such admission.

4. Duration of the contract

This clause is indicated only in a fixed-term employment contract. In this case, in addition to the validity period of the contract, the basis for its conclusion is also indicated.

"2. Contract time.

2.2. The contract was concluded for six months for the period of operation of the store from January 17, 2017 to July 17, 2017.”

If the exact date If it is not possible to determine the end of a fixed-term employment contract, then the contract can indicate the conditions for its termination.

“This agreement was concluded during the absence of the secretary of Galina Petrovna Sidorova in connection with maternity leave for a child under three years of age.”

5. Terms of remuneration.

The labor contract must indicate the size of the tariff rate or salary, as well as all provided allowances, additional payments and bonuses (Part 1 of Article 135 of the Labor Code of the Russian Federation).

The maximum wage is not limited, with the exception of certain categories of employees, the amount of wages of which is established by legislative acts of the Russian Federation.

The minimum wage of an employee who has worked the standard working hours cannot be lower than the minimum wage (currently it is 7,500 rubles).

In addition to the amount of remuneration, the employment contract must indicate the methods and terms of payment of wages.

"5.1. The employee is given a salary of 45,000 (forty-five thousand) rubles. and other incentive payments in accordance with the bonus regulations.

5.2. The deadline for paying wages is the 8th and 21st of each month.”

Note: wages must be paid at least once every half month, no later than 15 calendar days from the end of the period for which they were accrued (Part 6 of Article 136 of the Labor Code of the Russian Federation).

6.Regimen of working hours and rest time

This condition is included in the contract if the work schedule of a particular employee differs from general rules established by the employer.

"3.1. The employee is given a shortened working day with a standard working time of 30 hours per week with a five-day week. working week with duration daily work 6 hours.

3.2. Work starts at 8.00, ends at 15.00. Break for rest and food - from 12.00 to 13.00.”

6. Guarantees and compensation for work with harmful and (or) dangerous working conditions

This condition is mandatory for workers with harmful and (or) dangerous working conditions.