The economic development of the country is characterized by many indicators. The level achieved by the country determines how an individual lives. One of these indicators is the minimum wage. Let's try to figure out what the minimum wage is, why it is needed, and how it affects the well-being of citizens.

Minimum wage - what is it?

Determining the level of the minimum wage is necessary to calculate the amount of taxes, fines or additional fees.

What is the minimum wage? This is the minimum established by law that an employer must pay an employee for a full month worked. The employee must know this amount, since it is a guarantee that his final salary will not be calculated below the threshold. A smaller amount is a violation of the law. The employer is obliged to pay the employee a salary equal to or greater than the minimum. Violations will result in administrative or criminal liability.

What is the minimum wage used for?

First of all, the minimum wage in Russia regulates wages. It is required to assess the right of insured citizens to pension contributions. The amount of the minimum payment is also used to determine the amount of social benefits. This includes payments for maternity and temporary disability. Entrepreneurs and persons engaged in private legal or other practice make insurance payments depending on the minimum wage. This means that if the minimum increases, then not only will salaries rise, but deductions from entrepreneurs and commercial organizations will increase. This inevitably leads to higher prices.

The amount of taxes and fines depends on the amount of the approved minimum wage. The minimum wage is used in the Tax Code, the Administrative Code and the Civil Code as an initial level, according to which the payment of sanctions or obligations increases multiple times.

How is the minimum wage determined?

The decision on what minimum wage will be in effect for a certain time in the country is made at the federal level. Regional authorities have the right to decide to increase the amount of the minimum payment, but it cannot be lower than that established by the government. In this case, employers of this subject are obliged to pay employees the minimum wage established in the region.

The amount is regularly adjusted based on inflation. The minimum wage should ideally not be lower than the subsistence level in the region for the working population.

133 establishes sources for financing the minimum wage. The main resource is the employer's own funds. For budgetary organizations, the source is the budget of the corresponding level (federal, local or federal subject).

The federal minimum wage is adopted by the Federal Assembly of the Russian Federation, signed by the President of the Russian Federation and acquires the force of federal law. In the constituent entities, the minimum wage is established by a tripartite agreement. It must be developed by reaching a common decision and approved by:

Government or administration of the region;

A trade union or their other association on behalf of employees;

Union of Industrialists and Entrepreneurs on behalf of employers.

After the agreement is published in the regional media, employers can express their rejection within a month (thirty days) by writing a statement to the regional administration. If disagreement is not stated within the specified period, then it is considered that the employer supports the decision made. Reality shows that such cases occur extremely rarely.

What is included in the minimum wage?

Since the minimum wage in Russia is the smallest amount of cash payments for the work of an unskilled worker for a full day. In this case, work activity must be carried out under normal conditions. Article 129 of the Labor Code defines the components of this minimum.

1. Payment for work, taking into account the employee’s qualifications, volume, complexity and conditions of activity.
2. Additional payment for deviation from normal conditions (northern zone, increased radiation level, etc.)
3. Bonus, allowance, incentive.

Additional charges require a separate fee. Working part-time or at 1.5 times the rate does not mean that the total income must be the minimum wage. The minimum salary must be calculated taking into account the additional workload (half-time).

Minimum wage and work on holidays and night hours

Overtime is not included in the minimum wage. Articles of the Labor Code establish payment standards for hours outside the work schedule.

Article 152 determines payment for overtime hours (the first two hours are calculated at 1.5 times more expensive, the subsequent ones - 2 times). At the request of the employee, monetary compensation can be replaced by additional leave.

Describes the features of payment for work on weekends and holidays. If an urgent need arose and the employee was forced to work on such days, then the employer is obliged to pay double the amount. The specific amount of wages on weekends or non-working holidays can be established in a collective agreement, a local regulatory act adopted taking into account the opinion of the representative body of employees, or an employment contract.

Article 154 is devoted to the standards of earnings at night. According to this article, pregnant women and employees under 18 years of age should not work at night. Other categories of workers work night shifts solely by voluntary consent. Each hour of night work is paid at an increased rate compared to professional activities under normal conditions. The exact size of the increase depends on many factors, but it should not be less than 20% of the hourly rate or salary, which is calculated for each hour of night work.

Minimum wages and wages

As stated above, the minimum wage takes into account the final payments to the employee. If a person works for a net salary without additional payments, then the amount of the official salary cannot be lower than the minimum wage. If allowances are applied in the form of compensation or incentives, the salary may be below the minimum. But in this case, the final accrual must correspond to the minimum wage.

The amount of income received in hand may be below the minimum wage. The fact is that the accrued amount must correspond to the minimum wage. But personal income tax (NDFL) is calculated from the final result. Accordingly, if only the minimum amount is accrued, then after deducting payments, the salary received in hand will be less than the minimum wage.

The salary is less than the minimum wage, what should I do?

Articles 129 and 133 of the Labor Code of the Russian Federation state that if earnings, taking into account compensation and incentives, are below the minimum, then the employee should be paid the missing amount. After all, according to the law, what is the minimum wage? Minimum wage. Accordingly, additional payments for overtime, performance of duties on holidays and night hours are not included in the calculated amount. In such cases, there is discrimination against employees who carry out their activities in deviations from normal conditions, compared with colleagues working under normal conditions.

Every employee must be able to protect their rights. To do this, start with self-education. Study the provisions of the law. Find out what the minimum wage is and what its current value is in your region of residence.

If the employee is convinced of a violation, a demand should be made for the right to receive compensation payment. Without this document, no one will know about the violation, and the perpetrators will not be punished. When the document is drawn up, the employer will be required to adjust official salaries.

There are sanctions for violating the law. The Administrative Code in Article 5.27 speaks of imposing a fine on officials from 1 to 5 thousand rubles, on legal entities - from 30 to 50 thousand rubles. The activities of the enterprise may even be suspended for up to three months.

Living wage and minimum wage

Let's define the meaning of another concept. The subsistence level (SLM) is the smallest indicator of a person’s income that allows him to maintain his livelihood at a minimum level in a particular place of residence. The state strives to equalize the indicators of the GLM and the minimum wage. But this requires an economic recovery. Today in Russia the minimum wage is much lower than the subsistence level. It makes up only 70% of the VLM. Statistics show that 13% of Russians have an income below the subsistence level, since their salary is close to the minimum wage.

Legal basis

For the first time, the minimum wage was prescribed in the Federal Law of June 19, 2000. The law established the minimum wage as 132 rubles from July 1, 2000, and 200 rubles from January 1, 2001. For 2016, Federal Law No. 376-FZ dated December 14, 2015 established the minimum wage of 6,204 rubles.

Compliance with the legal minimum is monitored by authorized bodies: the prosecutor's office, tax inspectorate, labor inspectorate, social insurance fund. If violations are detected, sanctions are applied. Their structure and procedure for application are fixed in the Administrative Code of the Russian Federation. Sanctions are imposed on the official and on the enterprise itself. The organization and the manager are fined, the entrepreneur and the organization are forced to pay penalties or their activities are suspended for a specified period.

Minimum wage and sick leave

Payment of sick leave depends on two criteria: salary and length of service. With less than 5 years of experience, 60% of the salary is paid, with 5 to 8 years of experience - 80%. A 100% benefit is received by an employee with more than 8 years of work experience. If a person has less than six months of experience, then sick leave is accrued based on the minimum wage.

Regional minimum wage

A subject of the federation has the right to appoint a minimum on its territory that is different from the state minimum. In 2015, this was done in 27 regions of Russia. Article 133, paragraph 3 of the Russian Labor Code makes specific requirements for them.

1) The regional minimum must be higher than the federal one.

2) The minimum must be calculated taking into account the current level of unemployment, prices and wages in the region.

3) The minimum wage should be formed taking into account the subsistence level.

Usually, donor subjects, that is, regions with a developed economic sector, increase the minimum wage on their territory. The regions of the Far North do this because their prices completely absorb a small salary. The minimum wage at the federal level does not even allow one to survive there. Traditionally, one of the highest minimum wages is set in Moscow.

Minimum wages by regions of Russia

Let's compare the highest and lowest minimum wages by region for 2016. Since January, the minimum wage at the federal level has been set at 6,204 rubles. This amount is adhered to in the following regions of the Russian Federation:

Republics: Adygea, Buryatia, Dagestan, Ingushetia, Kalmykia, Karachay-Cherkess, Mordovia, North Ossetia, Tyva, Udmurtia, Khakassia;

Primorsky Krai;

Regions: Amur, Arkhangelsk, Vologda, Kirov, Orenburg, Penza, Pskov, Rostov, Samara, etc.;

Autonomous okrugs: Nenets, Chukotka.

Among the entities that increased the minimum size, the places were distributed as follows:

1) Minimum wage Moscow - 17,300 rubles;

2) Magadan region - 17,100 rubles;

3) Sakhalin region - 16,834 rubles.

It is worth noting that in the Siberian Federal District the minimum wage in the regions is almost everywhere higher than the level set by the state. In the Evensky municipal district, which belongs to the territory of the Far North in the Krasnoyarsk Territory, the highest minimum wage is recorded - 19,009 rubles. The minimum wage in Moscow is also traditionally high.

Statistics on minimum wage increases in recent years

There is indeed an increase in the minimum wage over the years, but its increase is several times less than the inflation rate. Let's compare the increase in the minimum wage since 2011. From June 1, 2011, according to the decision of the Federal Law of June 1, 2011, it amounted to 4,611 rubles. It existed in this form until January 2013. According to the law of December 3, 2012, the minimum wage increased and became equal to 5,205 rubles, which is 594 rubles more than the previous one.

Every year in the first half of December, decisions began to be made at the federal level to increase the minimum wage. From January 1, 2014, it began to amount to 5,554 rubles (increased by 349 rubles), from January 1, 2015 - 5,965 rubles (increased by 411 rubles).

From January 1, 2016, the minimum wage reached 6,204 rubles, which was an increase of 239 rubles compared to last year. Since the beginning of 2013, the minimum wage has increased by a thousand. Over the same period, inflation doubled, so there is no need to talk about improving the well-being of the people.

(or minimum wage, Minimum wage) is the minimum wage equivalent.

It is also used to determine the amount of benefits for unemployment and temporarily disabled persons.

Factors influencing the minimum wage

What the minimum wage will be for the next period depends on the following macroeconomic factors:

price level in the country;

unemployment rate;

inflation rate;

production indicators;

the needs of workers from Russia and foreign countries.

Functions of the minimum wage

The minimum wage performs the following functions:

Used to regulate workers' incomes.

Serves as the basis for determining the amount of benefits for sick leave, pregnancy and childbirth.

Used to calculate insurance premiums.

Moreover, Labor legislation does not allow the use of minimum wages for purposes other than those listed.

How is the minimum wage determined?

The determination of what minimum wage will be in effect is made at the country level.

The minimum wage cannot be less than the amount determined by the government. In this case, the amount is subject to regular adjustment; the final figure is influenced by the level of inflation. Ideally, the minimum wage should not be less than the regional subsistence level for able-bodied citizens.

Sources of financing the minimum wage

According to Article 133 of the Labor Code of the Russian Federation, the source of funding for the minimum wage is determined:

mainly – the employer’s own funds;

for budgetary organizations - level budget (local, regional, etc.).

At the federal level, the minimum wage is determined by the Federal Assembly of the Russian Federation and signed by the President. In the regions, the amount of the minimum wage is established by a tripartite agreement.

What does the minimum wage consist of?

The minimum wage in Russia is the lowest payment for the work of an unskilled employee. And this means full-time work. It is necessary to carry out the work process under normal conditions.

Article 129 of the Labor Code of the Russian Federation defines the components of the minimum:

the work itself, taking into account the employee’s qualifications;

volume produced;

various surcharges.

So according to Art. 129 of the Labor Code of the Russian Federation, the minimum wage includes the following transfers to the employee:

salary determined based on the specialist’s qualifications, complexity and characteristics of the work;

compensation payments (for example, due for harmful or dangerous working conditions);

incentive payments (annual, quarterly, monthly bonuses, etc.);

other additional payments received from the hiring company.

If an employee works as an internal part-time worker, i.e. In addition to the main duties, he performs additional ones, the latter are paid separately.

The income of an external part-time worker depends on the agreements reached between him and the company. If a person worked at 1.5 times the rate instead of one, he cannot receive a salary of one “minimum wage”. His income will be calculated in proportion to the time worked.

Minimum wage and working overtime, on weekends and holidays

Labor legislation prohibits including in the calculation of the minimum wage payment for work overtime, on weekends and holidays. For this, separate transfers are required, which are determined at one and a half rates in the first two hours and at double rates thereafter. By agreement with a specialist, monetary compensation can be replaced by additional days of rest.

If an employee’s salary is less than the “minimum wage”, the employing company is obliged to make an additional payment.

If it does not do this, regulatory authorities will apply penalties against the organization.

Can the salary be less than the minimum wage?

Article 133 of the Labor Code of the Russian Federation establishes that the minimum wage for work should not be less than the subsistence level. But in practice it is not always possible to comply with this rule.

In 2018, the spread between the indicators is more than 10,000 rubles. However, it is expected that in the future the values ​​will become equal thanks to the efforts of the state’s economic policy.

In addition, Article 421 was added to the Labor Code of the Russian Federation, which determines that the minimum possible level can be increased gradually.

Therefore, the amount of the minimum wage increases over time until it reaches the required size. No specific date or amount has been set.

Article 133 of the Labor Code of the Russian Federation stipulates that an employee’s income received from an employer cannot be lower than the minimum threshold if two conditions are met:

The person worked for a full month;

Fulfilled the duties required by the position.

The concept of income includes salary, bonuses, compensation and other payments received from the employing company. If the amount of transfers is more than the minimum wage, there are no violations of regulations.

Note that the company performs the functions of a tax agent, i.e. withholds personal income tax of 13% from income received by employees. The amount received after budget transfers may be less than the “minimum wage”: this does not contradict Russian law.

There may be cases when, legally, an employee of an organization will receive income less than the minimum wage.

For example, if a person works part-time or part-time, and this fact is stated in the contract or in an additional agreement to it (that is, working hours and days are fixed in the employment agreement), then there are no violations of the law.

The same rule applies to external part-time work, when a specialist devotes 2-3 hours a day to performing official duties, and spends the rest of the time at his main place of employment. In this case, the additional payment is not made legally.

What is a regional minimum wage

According to the provisions of Art. 133 of the Labor Code of the Russian Federation, the authorities of the subject of the federation, in agreement with trade unions and organizations, have the right to introduce their own minimum wage on its territory. It must necessarily exceed the federal value.

In 2018, 32 regions of the country take advantage of this opportunity. These include the Moscow, Bryansk, Kursk regions, the republics of Tatarstan, Khakassia, Buryatia, Trans-Baikal Territory and others.

Responsibility

The legal minimum is required to be observed by firms of different fields of activity and scale.

If the employer charges wages that are below the minimum wage, he may be brought to administrative and even criminal liability due to evasion of the requirements prescribed by the legal acts of the Russian Federation. The employer may be subject to a fine of 1,000 to 5,000 rubles. At the same time, the organization is also fined for a more impressive amount - from 30,000 to 50,000 rubles. These violations may be regarded as non-compliance with the collective agreement.

In addition, if the minimum wage standards are repeatedly ignored, the employer may be fined 10,000-20,000 rubles. And also disqualify for 1-3 years. The company is also fined from 50,000 to 70,000 rubles.

In 2018, the amount of penalties for violators is set at the following levels:

up to 50 thousand rubles. – for the organization;

up to 5 thousand rubles – for the company management;

up to 5 thousand rubles – for a private entrepreneur.

If the first punishment does not have the desired effect, and the violator continues to pay lower wages to staff, the fines will increase. How much - the inspection inspectors will decide.

If an organization does not comply with the minimum threshold, it becomes the object of increased interest from tax authorities. She is suspected of paying “grey” salaries and evading the transfer of personal income tax and insurance contributions. To “re-educate” unscrupulous employers, special commissions are created from representatives of regulatory authorities.

Criminal liability

Criminal liability arises if the employer does not pay employees the minimum wage for 2-3 months.

For this violation, the employee has the right to demand compensation plus the entire amount that was not paid. If the requirements are not met, the employee may contact the labor inspectorate.

Still have questions about accounting and taxes? Ask them on the "Salaries and Personnel" forum.

Minimum wage (SMIC): details for an accountant

• We take into account changes in the minimum wage in our work

  The minimum wage may be established by a regional minimum wage. It should be remembered that the minimum wage is... a few examples: The regional agreement on the minimum wage in St. Petersburg for 2017...2016 No. 310/16-C) established the minimum wage in the amount of 16,000 rubles.. .500 rub.; Regional agreement on the minimum wage in the Novosibirsk region from 29 ...

• How do the provisions on minimum wage and minimum wage work in the Yamal-Nenets Autonomous Okrug?

  Labor remuneration (hereinafter referred to as the minimum wage) and the minimum wage (hereinafter referred to as the MW) throughout... a constituent entity of the Russian Federation, a regional agreement on the minimum wage may establish its size in... a tripartite Regional agreement on the minimum wage is in force in the Yamalo-Nenets region Autonomous Okrug... . * * * In 2018, the minimum wage in the Yamal-Nenets Autonomous Okrug is equal to the minimum wage in the northern...

• And again about the minimum wage

  RF regional agreement on the minimum wage can establish the amount of the minimum wage in a constituent entity of the Russian Federation... is set at an amount lower than the minimum wage in the Irkutsk region, payment calculation... the amount of the minimum wage established by the Regional Agreement on the minimum wage should be accepted in the Irkutsk region...

• Increasing the minimum wage: consequences for employers

  In relation to which the regional agreement on the minimum wage is valid in accordance with part..., cannot be lower than the minimum wage in this constituent entity of the Russian Federation, when... joining the regional agreement on the minimum wage was not submitted to the authorized body... and Moscow employers' associations the minimum wage in Moscow (RUB 18,742...

The salary of an employee who has fully worked his normal working hours for the month cannot be less than the federal minimum wage (Article 133 of the Labor Code of the Russian Federation). In this regard, many employers are asking questions: what to do if the salary is lower, and can the salary be lower than the minimum wage?

Salary may be less than minimum wage

After all, wages include not only the salary itself, but also compensation payments (for example, various bonuses for working conditions), as well as incentive payments (for example, bonuses) (Article 129 of the Labor Code of the Russian Federation). Therefore, if for a month an employee receives, taking into account all allowances and incentives, an amount greater than or equal to the minimum wage, then neither the labor inspectors nor the employees should have any questions for you.

It is important to note that if, after withholding personal income tax from the income due to the employee, he receives an amount less than the minimum wage, then this does not threaten the employer.

Additional payment up to the minimum wage

If the employee’s salary is still less than the minimum wage, it is necessary to make an additional payment up to the minimum wage. From January 1, 2018, the minimum wage is 9,489 rubles. (Article 3 of Federal Law No. 421-FZ dated December 28, 2017). Accordingly, if any of your employees receives a salary (salary + compensation/incentive payments) less than this amount, then his salary needs to be increased.

Keep in mind that from 05/01/2018 the minimum wage will increase to 11,163 rubles. (Federal Law No. 41-FZ dated 03/07/2018).

What are the consequences of paying wages below the minimum wage?

If an employer pays its employees a salary below the established federal wage rate, then if labor inspectors discover this fact, the employer faces a fine (Part 6 of Article 5.27 of the Code of Administrative Offenses of the Russian Federation):

• if the employer is a legal entity, then in the amount of 30,000 rubles. up to 50,000 rub. for the organization itself and from 10,000 rubles. up to 20,000 rub. for its officials;
• if the employer is an individual entrepreneur, then in the amount of 1000 rubles. up to 5000 rub.

In addition, tax authorities are interested in employers who pay wages below the established threshold, because They are suspected of paying salaries “in envelopes”, and, accordingly, of concealing taxable income and non-payment of personal income tax. To work with such employers, commissions have been created to legalize the tax base.

When can you legally pay less than the minimum wage?

This is possible if the employee works part-time and this fact (indicating working days and hours) is recorded in the employment contract or an additional agreement to it (Article 93 of the Labor Code of the Russian Federation). After all, wages are paid for the time actually worked, and if an employee works part-time, then the amount due to him may be less than the minimum wage.

Having brought your salary into line with the federal minimum wage, do not forget about the regional

If in the constituent entity of the Russian Federation in which the employer operates, a special agreement has established the size of the regional minimum wage, then the salary of employees should not be less than this amount (Article 133.1 of the Labor Code of the Russian Federation). True, if the employer does not want to join this agreement, then he has the right to issue a written refusal to join. Those who did not write such a refusal are considered to have automatically joined the regional agreement. Consequently, if they pay wages below the regional minimum wage, these employers face the same sanctions as if they pay wages below the federal minimum wage.

The minimum wage is not equal to the cost of living

The Labor Code establishes that the minimum wage cannot be lower than the subsistence minimum established for the working population (Article 133 of the Labor Code of the Russian Federation). This rule may cause confusion among employers. After all, the cost of living is always higher than the minimum wage (for example, the minimum wage as of July 1, 2017 was 7,800 rubles (Article 1 of the Federal Law of December 19, 2016 N 460-FZ), and the cost of living for the working population for the third quarter of 2017 was higher 11 thousand rubles (Resolution of the Government of the Russian Federation dated December 8, 2017 N 1490).

So, when setting wages, for now you need to focus specifically on the size of the minimum wage. True, it is planned by May 2018.

Chapter 112. Remuneration Minimum wage (minimum wage - minimum wage) - the amount of monthly wage established by federal law for the work of an unskilled worker who has fully worked the standard working hours while performing simple work under normal working conditions. Compensation, incentives and social payments are not included in the minimum wage.

The concept of minimum wage is the MINIMUM amount of wages and, accordingly, by definition, no compensation or incentive payments can be included there.

Are incentive payments included in the minimum wage?

The actual accrual of up to the minimum wage of -4330 rubles includes all accruals, including incentive and compensatory payments. If the working day is 8 hours, the monthly wage cannot be less than 4,330 rubles.

Additional payment up to the minimum wage of 730 rubles. Teacher's salary is 3600 rubles. 1. Are incentive payments (bonus, additional payment for extra hours) included in the amount of 4,330 rubles? .2. How much is the regional coefficient calculated for? For the amount of the salary (3600) or the amount of the minimum wage (4330)?

According to Article 133 of the Labor Code of the Russian Federation, the monthly salary of an employee who has fully worked the standard working hours during this period and fulfilled labor standards (job duties) cannot be lower than the minimum wage. The monthly salary is all payments: salary plus incentive payments. The regional coefficient is calculated on the salary.

Incentive payments - lawyers, please tell me. The minimum wage of 4330 rubles may include an incentive bonus, if possible, tell me the article in the Labor Code of the Russian Federation about these bonuses. Of this amount, part of my amount is an incentive bonus for cleaning flower beds and whitewashing borders, is this legal?

Incentive payments are not included in the minimum wage, but the salary must not be lower than the minimum wage, therefore, if you did not clean flower beds, etc. your salary should still not be lower than the minimum wage. Article 129 of the Labor Code. Basic concepts and definitions Wages (employee remuneration) - remuneration for work depending on the qualifications of the employee, complexity, quantity, quality and conditions of the 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). Tariff rate is 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. Salary (official salary) is a fixed amount of remuneration for an employee for the performance of labor (official) duties of a certain complexity for a calendar month, excluding compensation, incentives and social payments. Basic salary (basic official salary), basic wage rate - minimum salary (official salary), wage rate of an employee of a state or municipal institution carrying out professional activities in the profession of a worker or position of an employee, included in the corresponding professional qualification group, excluding compensation, incentives and social payments.

in accordance with Federal Law 131, these clarifications are now given by the executive authorities of the constituent entities of the federation, for example, the labor department of the Altai Territory administration gave such an clarification and included all compensation allowances, benefits, incentive payments and even the northern coefficient in the minimum wage. If it’s different for you, I’ll be happy for your region. Go to your labor department.

Article 191 of the Labor Code of the Russian Federation is adopted by a collective agreement or internal labor regulations... not only flower beds and borders, but everything that may have at least some relation to work (improvement, decoration, ecology...)

What payments are considered if you need to compare your salary with the minimum wage? For example...

All types of payments are considered.

why are you comparing?

How are benefits for minors recalculated when the minimum wage increases?
What types of benefits and payments depend on the minimum wage?

How are they indexed?

\"INSTRUCTION ON THE PROCEDURE FOR ASSIGNMENT AND PAYMENT OF BENEFITS AND FUNDS FOR RECOVERY OF ADDITIONAL COSTS FOR MINOR CHILDREN\" (approved by the Ministry of Justice of the USSR on July 25, 1989 N K-8-389, the Ministry of Finance of the USSR, the State Bank of the USSR, the State Committee for Labor of the USSR, the Ministry of Internal Affairs of the USSR) current legislation provides indexation of the specified benefit only when the minimum wage is increased. when payments are delayed; DECISION OF THE SUPREME COURT OF THE RF DATED 06/26/2001 N 55-VPR01-6 THE CASE FOR THE RECOVERY OF THE AMOUNT OF INDEXATION FOR LATE PAYMENT OF BENEFIT FOR MINOR CHILDREN IS SENDED FOR NEW CONSIDERATION TO THE COURT OF FIRST INSTANCE, SINCE THE CU COURT, WHEN CONSIDERING THIS CASE, MADE SIGNIFICANT VIOLATIONS OF MATERIAL STANDARDS RIGHTS

if we mean child subsidies and other payments, then they are indexed every quarter

http://www.gkk.ru/cgi/vfaq.cgi?action=daq&whom=FL&catid=6

Hello! Please tell me. For a nurse in a physical office in a dental clinic, can the modernization payment be included in the minimum wage?

depending on the method of remuneration in her employment contract. If it is a salary, then nothing else goes into the amount of the salary, all additional accruals are paid above it. if piecework, then the final salary includes all charges and additional payments. accruals. the main thing is that the final salary amount was not lower than the minimum wage, because the established amount of the minimum wage is a social guarantee, i.e. the minimum payment that guarantees the employee’s existence within the subsistence level.

At this stage, that is, today, oligarchic capitalism is unfortunately entering the Russian Federation.

Does the minimum wage for a gas boiler operator and, according to the Council, a complex maintenance worker include holiday and night wages?

The minimum wage is the minimum of all your payments, which is established and guaranteed at the federal and regional levels. The minimum option is federal, less than 5 thousand rubles, regions can only set more. Therefore, all your allowances, holiday, business trip, night and bribe allowances, are included in your salary, and not in the minimum wage. Taken together, they should not be lower than the established regional minimum wage, and even more so the federal one. The salary may be less, but the salary is not.

There is no such thing as “included in the minimum wage.” there is a salary, bonuses for night shifts (at least 20%). Holidays are paid double

The minimum wage includes compensation and incentive payments

I know what you are talking about, this was question 3 in the Review of Legislation and Judicial Practice of the Supreme Court of the Russian Federation for the fourth quarter of 2009, which was approved by a resolution of the Presidium of the Supreme Court of the Russian Federation dated March 10, 2010. After 3 months, the Supreme Court said \"Question 3 WITHDRAWN\" ... Try now in this review to find what you are talking about. I’ll even give you a link - http://vsrf.ru/vscourt_detale.php?id=6148 Good things in this country don’t take root for some reason, and last for 3 months...

The minimum wage is the minimum, less than which they have no right to pay. But how your salary is calculated is completely different. If your salary is less than the minimum wage, then it is quite possible to raise it to the required minimum level with various payments and additional payments. That's what they do in the budget.

The Presidium of the Supreme Court of the Russian Federation gave such clarifications in the Review of Legislation and Judicial Practice for the 4th Quarter of 2009, approved by the Resolution of March 10, 2010. However, after just three months, the Supreme Court of the Russian Federation withdrew these clarifications (Review of Legislation and Judicial Practice for the 1st Quarter of 2010 g., approved by the Resolution of the Presidium of the Armed Forces of the Russian Federation dated June 16, 2010. Like this

What is included in the minimum wage? Are hazard allowances included in the minimum wage?

The minimum wage is a set minimum wage per hour, day or month that an employer can (must) pay its employee, and for which the employee can legally sell his labor. An allowance is not a payment for labor; therefore, it is not included in the minimum wage.

The minimum wage is a state unit of measurement, and not the will of the employer. There are no allowances included. The minimum wage for the country and for your region can be easily found out in an Internet search engine. But, judging by the question, this has little to do with your employer and your salary. The minimum wage cannot be changed by your employer downward compared to the state wage. That is, this is not a salary, but the total salary cannot be lower than the minimum wage. And the salary for the position can be 2 thousand or less. Another thing is what you include in the concept of "salary". There may also be premiums for harmfulness.

The minimum wage is the salary of an employee who has fully worked the monthly standard working time or fulfilled the labor standards, taking into account all additional payments, allowances, incentives and compensation payments

The minimum wage includes all types of payments. Art. 129 of the Labor Code of the Russian Federation: Wages (employee remuneration) - remuneration for work depending on the qualifications of the employee, complexity, quantity, quality and conditions of the 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).

Please tell me what is included in the minimum wage: overtime, incentive payments, etc.

Article 133 of the Labor Code of the Russian Federation stipulates that the monthly salary of an employee who has fully worked during this period the standard working hours and fulfilled labor standards (labor duties) cannot be lower than the minimum wage. Thus, the salary, as a component of wages, may be less than the minimum wage established by Federal Law of June 19, 2000 N 82-FZ "On the minimum wage" (as amended) of 4,611 rubles. per month, however, the salary (including compensation, incentives and social payments) must be no less than the specified amount. Overtime work is paid separately.

The minimum wage (minimum wage) is a monetary amount firmly established by the state, below which no salary can be for an employee who has fully worked the monthly standard hours and fulfilled all labor standards or job duties (part three of Article 133 of the Labor Code of the Russian Federation). Today it is 4611 rubles. Let the employer decide what this amount includes, but he is obliged to pay it in all cases. And overtime is already a deviation from normal working conditions, so it must be paid at an increased rate (Article 149 of the Labor Code of the Russian Federation)

If the monthly wage is greater than the minimum wage, the daily average is less than what amount we pay according to the minimum wage or the average.

Payment for sick leave cannot be less than the amount calculated based on the minimum wage. If your average daily earnings are lower than the minimum wage, then the calculation is made based on the minimum wage.

Based on the minimum wage.

The average for two years, if it is more than the minimum wage, they will still pay according to the average, if it is less, they will pay according to the minimum wage

You cannot pay less than the minimum wage

Are compensation payments included in the minimum wage?

Yes, if the minimum salary for a professional qualification group is less than 4,330 rubles. Then payments for personal allowances may “drown” in the minimum wage. If the allowances are not enough to reach the minimum wage, then there is a so-called “additional payment to the minimum wage” (Article 133 of the Labor Code of the Russian Federation).

What is the minimum child support in Moscow, in a fixed cash payment?

The minimum wage is more profitable, it always increases (today 4,300 rubles).

wages for nurses minimum wage (4330 -13% = 3800) the minimum wage should include night, length of service, holidays, 15% of the Republic of Kazakhstan,

No, these are additional and incentive payments..

Girls, how long did it take for anyone to receive Luzhkov’s maternity benefits before the age of 30? And any payments at all?

About a month later, I handed over the documents. For the first child 5 minimum wages, in 2007 it was 28 thousand, now I don’t know.

I was paid on the 5th day after submitting the documents, but they have 10 working days for consideration... Submitted on August 31

Teacher's salary is 3600 rubles. Additional payment up to the minimum wage (4330 rubles) 730 rubles. 1. Are incentive payments (bonus, additional payment for extra hours) included in the amount of 4,330 rubles? .2. How much is the regional coefficient calculated for? For the amount of the salary (3600) or the amount of the minimum wage (4330)?

1 part of the question - in the amount of 4330 rubles. includes all payments, incl. incentive and compensation part 2 of the question - the regional coefficient of rent is calculated in the amount of 3,600 rubles

Where are these salaries? And in what category? In general, accruals are made on salary, and not on additional payment

The minimum wage includes all types of payment. (That’s the trick)

How is the Ural coefficient calculated? Only from salary? Only from the salary? Or also from the incentive fund and the minimum wage?

Ural is accrued on all payments included in the remuneration system, i.e. salary, incentive payments, length of service. Not accrued. for vacation, sick leave and one-time payments (unless otherwise stated in the wage regulations)

Minimum wage: currently the minimum wage is 4,330 rubles. Does the minimum wage include compensation and incentive payments?

Yes, now the minimum wage includes all accruals for work, the salary can be 1000 rubles, and the bonus is 3330 rubles, and so that, provided that the employee fulfills his job duties, in total he will be accrued at least 4330 rubles, if labor. duties were not fully completed, there were absenteeism or a reduction in bonuses for failure to complete some task, then your salary may be lower than the minimum wage

No, they don't. If the salary is, then it should not be lower than the minimum wage. Everything else may or may not happen, but the family needs to be fed. Good luck.

They come in. Changes were made to the Labor Code and the phrase that the salary cannot be less than the minimum wage was removed. So it can. If only with all incentive and compensation payments it would be no less than 4330.

The minimum wage for sick leave in 2019 is applied in an increased amount from 01/01/2019. The calculation of temporary disability benefits in 2019 - an example will be presented later in the article - using the minimum wage is carried out only in one case. Read more about this below.

How to use average daily earnings to calculate sick leave in 2019 if it is less than the minimum wage

Calculation of sick leave from the minimum wage is carried out in the following cases:

• if the employee’s insurance period is less than six months;
• if the employee has not worked and had no actual earnings for the last 2 years;
• if the employee’s average daily earnings are less than those calculated on the basis of the minimum wage.

The formula for calculating the minimum amount of sick leave looks like this:

Minimum wage current as of the date of onset of the employee’s illness × 24 months. / 730 days = minimum average daily earnings.

If an employee’s average daily earnings are less than what is calculated based on the minimum wage, then how, for example, can one calculate sick leave in 2019? The larger value is taken into account.

If the calculation of sick leave in 2019 is based on the minimum average daily earnings, then you will need to calculate the disability benefit per day. It is calculated like this:

Minimum average daily earnings based on the minimum wage × % (depending on length of service).

How to find out what the percentage is depending on the length of service?

1. If the employee’s insurance experience exceeds 8 years, then the calculated percentage is 100.
2. If the experience is 5-8 years, then when calculating sick leave, for example, in 2019 it is necessary to multiply by 80%.
3. If the experience is less than 5 years - 60%.
4. If the length of service is less than six months, then sick leave in 2019 should be calculated taking into account the fact that monthly income cannot exceed the minimum wage (RUB 9,489).

For the first 3 days of illness, accruals for sick leave in 2019 will be made to the employee by the employer. Further, sick leave is paid from the funds of the Social Insurance Fund of the Russian Federation. If the employee used sick leave to care for a sick relative (for example, a child), then the Social Insurance Fund pays benefits starting from the 1st day.

If the employee works part-time, then the amount of sick leave benefits obtained from the formula involving the minimum wage will need to be multiplied by a special coefficient. This coefficient is defined as the proportion of hours actually worked during the entire working time.

Minimum wage for calculating sick leave in 2019

From 07/01/2016 the minimum wage was increased and until 07/01/2017 it was applied in the amount of 7,500 rubles. To calculate maternity leave and payments for regular sick leave in the second half of 2017, the minimum wage was 7,800 rubles.

From 01/01/2018, the minimum wage was once again increased, and its value was equal to 9,489 rubles. But this value increased from May 1, 2018 and the minimum wage amounted to 11,163 rubles. (Law “On Amendments...” dated 03/07/2018 No. 41-FZ).

From 01/01/2019, the minimum wage became equal to the subsistence level established for the 2nd quarter of 2018 and amounted to 11,280 rubles.

Minimum wage 2019 for calculating sick leave

According to the rules for calculating sick leave in 2019, the minimum wage that is current on the date of illness in the current year is used. This means that the minimum wage values ​​for previous years are no longer needed. If the amount of disability benefits is determined based on the employee’s earnings, then his income for 2017 and 2018 will be required.

If we consider the example of accruing sick leave in 2017, then for an illness that began in the second half of the year, you will need to use the minimum wage value of 7,800 rubles. For sick leave opened after December 31, 2017, the minimum wage will actually be equal to RUB 9,489. And for sick leave opened after 05/01/2018 - 11,163 rubles.

Read more about the conditions for applying the minimum wage calculation in the article “What is the minimum wage for calculating sick leave?” .

Calculation of sick leave in 2019 using an example based on the minimum wage

Before wondering how to correctly calculate sick leave in 2019, the employer should check whether the sick leave certificate is filled out correctly by the doctor at the medical institution. This is a mandatory step in the procedure for calculating sick leave in 2019. Only after this does the employer fill out the required information. Such insurance is necessary so that the Social Insurance Fund does not refuse to pay benefits if errors are detected on the sick leave certificate.

Read about the consequences of detecting errors in sick leave certificates in our material “Errors in sick leave are not yet a reason to refuse compensation for social insurance benefits” .

Following the explanations contained in the FSS letter No. 17-03-09/06-3841P dated October 23, 2014, the employer can accept a sick leave certificate from a recovered employee, filled out in a combined way (typewritten and by hand), and pay benefits.

Read more about this combined filling out of sick leave in our material “Combined filling of sick leave is not a violation” .

How is sick leave calculated in 2019? The calculation of sick leave according to the minimum wage in 2019 is based on the minimum wage valid on the date of opening of the sick leave. Let's look at an example of calculating the accrual of sick leave in 2019 from the minimum wage.

In the line “Average earnings for calculating benefits” for sick leave opened after 01/01/2019, the employer must indicate:

RUB 11,280.00 × 24 months = 270,720.00 rub.

And in the line “Average daily earnings for calculating sick leave in 2018”:

RUB 270,720.00 / 730 = 370.85 rub.

In addition, a regional increasing coefficient should be applied if it is valid in the region.

Results

Before calculating sick leave in 2019 from the minimum wage, you need to check whether such a calculation is needed. It is used in situations where the employee has only recently started working or if his earnings are below the established minimum wage.

How to calculate sick leave in 2019 from the minimum wage? You need to take the current minimum wage as of the date of opening of sick leave and substitute it instead of the monthly income in the standard formula for calculating the average daily earnings of an employee. The answer to the question: “How to calculate maternity sick leave in 2019?” will be similar.