In the capital, a "hot line" began its work to receive calls from workers of construction organizations who are not paid wages.
The order to open it was given by the Deputy Mayor of Moscow, the head of the capital's construction complex, Marat Khusnullin. He was prompted to this by a complaint from the workers of the largest construction organization in Moscow, SU-155. “Help,” they turned to him during a Saturday tour of the Lyubertsy Fields residential area under construction.

A hotline has been opened in Moscow on delays in the payment of wages to builders

A "hot line" has begun its work in the capital to receive calls from workers of construction organizations who are not paid wages. The order to open it was given by the Deputy Mayor of Moscow, the head of the capital's construction complex, Marat Khusnullin.

A “hot line” has begun its work in the capital to receive calls from workers of construction organizations who are not paid wages. The order to open it was given by the Deputy Mayor of Moscow, the head of the capital's construction complex, Marat Khusnullin.

Hotline for unpaid wages

The Public Chamber (OP) of the Russian Federation is opening a “hot line” to which it will be possible to report non-payment of wages. The information received about unscrupulous employers will be sent to Rostrud and the prosecutor's office. Vladimir Slepak, head of the OP commission on social policy, labor relations and the quality of life of citizens, told ligazakon.ru that calls will be received on July 1. Meanwhile, the Ministry of Labor claims that the issue of non-payment of wages is not as acute as it was during the 2008-2009 crisis, when employers' debts exceeded today's by 2.5 times.

Where do you go if you don't get paid?

According to Art. 22. Labor Code of the Russian Federation, one of the obligations of the employer is to pay the employee in full wages.
Art. 135 of the Labor Code of the Russian Federation establishes that an agreement between an employee and an employer (most often an employment contract) establishes the procedure, terms and amount of wages. But due to some circumstances, it happens that the employer does not fulfill his obligation to remunerate the labor of employees.

300 people called the hotline for non-payment of wages

For three days of work, the "hot line" of the Public Chamber on non-payment of wages received 340 complaints. This was told by the head of the commission of the OP on social policy, labor relations and the quality of life of citizens Vladimir Slepak. Most often, residents of Moscow, the Moscow Region, St. Petersburg, the Krasnodar and Krasnoyarsk Territories, Bashkortostan, and the Tyumen Region turn to the "hot line". In most cases, people do not receive a salary for up to six months, and the employer's debt amounts to 100-300 thousand rubles.

Not getting paid? CALL 8-800-700-8-800

Hotline phone 8-800-700-8-800. a call from any region of Russia is free (working hours: Mon-Thu from 9 to 18, Fri from 9 to 17 (Moscow time). The information received about unscrupulous employers will be sent to Rostrud and the prosecutor's office.

The initiator of the hotline, Chairman of the Commission of the Civic Chamber of the Russian Federation on social policy, labor relations and the quality of life of citizens, Vladimir Slepak, claims that the main reason for opening the hotline is the increase in cases of non-payment of wages, even noted by the President at a meeting on the situation on the labor market on April 02.

On the consequences of receiving "shadow" wages

At present, raising the level of wages, creating conditions for its timely payment, legalizing "shadow" employment and hidden forms of remuneration remains one of the main tasks in the field of social and legal relations.

In order to carry out work to identify the facts of payments of unofficial wages (wages "in envelopes"), understatement of the taxable base for personal income tax, the base for calculating insurance premiums to the Pension Fund of the Russian Federation and the Federal Compulsory Medical Insurance Fund, at the Office of the Pension Fund of the Russian Federation in the city of St.

OP opens a "hotline" for complaints about non-payment of salaries

From July 1, the Civic Chamber (OP) of the Russian Federation opens a “hot line” to which Russians can complain about non-payment of wages, the Izvestia newspaper writes.

“Pay arrears, behind which are corruption and fraud, are of particular concern. Unfortunately, non-payment and delay in wages are the most common violation of labor laws,” said Vladimir Slepak, head of the OP commission on social policy, labor relations and the quality of life of citizens.

Hotline phone if they do not pay wages In Moscow, a hotline is open - for delays in paying wages to builders In the capital, a “hotline” began its work to receive calls from construction workers who are not paid. The order to open it was given by the Deputy Mayor of Moscow, the head of the capital's construction complex, Marat Khusnullin. A “hot line” has begun its work in the capital to receive calls from workers of construction organizations who are not paid wages. The order to open it was given by the Deputy Mayor of Moscow, the head of the capital's construction complex, Marat Khusnullin. Hotline for non-payment of wages Where to go if you do not pay wages? 300 people called the hotline for non-payment of wages Do not pay wages? CALL 8-800-700-8-800 Hotline 8-800-700-8-800.

How to call anonymously when wages are delayed

Attention

The date of transfer of funds is established by the internal acts of the company, but must comply with the requirements:

• at least twice a month;
• equal time interval between payments.

In case of violation of the established period when the money must be issued, it is considered that the right of the employee has been violated and the employee gets the opportunity to take actions to protect his interests. Under labor law, there is no legal basis for delaying payment. That is, there is no such legal period by which the employer can delay the wages of the employee.

This is not affected by the availability of funds in the employer's account, nor by vacation or illness of the employee. If your salary is delayed, where do you go? A citizen should know what to do if a salary is delayed, where to apply, what to demand and what compensation can be received.

Hotline for unpaid wages

• How long can an employer withhold wages by law?
• 2 If the salary is delayed, where to apply?
  • 2.1 Complaining the right way
• 3 Suspension of work - the way out?
• 4 What to do if they do not pay black wages?
• 5 Litigation

Labor legislation in Russia fully supports the interests of the employee, protects his rights, including guaranteeing timely remuneration. But, despite this, there are situations when the company delays payment. What do you do if you don't get paid? An employee whose right to pay has been violated has several tools to resolve the dispute.

What to do if you haven't paid your salary?

So, persons employed in the following areas cannot do this:

• civil service;
• hazardous production;
• life support - ambulance, heat supply, etc.;
• government units - armed forces, rescue teams, etc.

Similarly, it is prohibited to temporarily stop their labor duties for employees who are employed in territories with a state of martial law or a state of emergency. Where to complain? The choice of authority to which you can apply depends on the specific case. For example, categories of workers who are prohibited from intentionally not going to work can immediately contact the labor inspectorate.

Employees whose unscrupulous employers do not respond to claims about salary delays can also submit a written appeal there.

Delay wages: what to do and where to complain?

If you want to know how to solve your particular problem, please contact the online consultant on the right or call the free consultation telephone numbers: Worker's rights in case of delayed wages How many days can wages be delayed?
Based on Article 142 of the Labor Code of the Russian Federation, the employer is allowed to delay the payment of wages for fifteen days, but no more. If this period has passed, then the worker can freely assert his rights. He may, for example, not go to work until he receives his earned money in his hands. But for this it is necessary to notify the employer in writing. The worker can fill out an application containing a demand for payment of wage arrears and send it to the manager.

If the salary is delayed, what should the employee do, where to contact?

Of particular concern are cases of wage arrears, behind which are corruption and fraud.
This is exactly the situation that developed at the Vostochny cosmodrome, where the workers, defending their rights, were forced to go on a hunger strike. If due attention had been paid to this situation in time, it might have been possible to prevent the largest embezzlement of budgetary funds, - suggests Slepak. Note that non-payment of wages for more than two months (or partial non-payment within three months) is a crime under Art.
145.1 of the Criminal Code of the Russian Federation. In this case, the head of the organization faces a fine of up to 500 thousand rubles, forced labor or imprisonment for 3 years. True, the punishment threatens the boss only if it is proved that the reason for non-payment is the mercenary or other personal interest of the leader. According to Slepak, under Part 2 of Art.

Withhold wages

Previously, it was different: the manager did not have the obligation to pay interest for certain reasons. The legislation currently obliges the employer to be liable, and this circumstance does not depend on the presence or absence of his fault. If the manager does not want to pay the wage arrears and compensation, then the worker can return his funds if he files a lawsuit in court.

Also, the employer may be held administratively liable. You can find a sample wage claim here. If the employer does not want to pay wages on time, then this circumstance falls under Article 5.27 of the Code of Administrative Offenses of the Russian Federation.

The employer will have to pay a fine, which ranges from one thousand to five thousand rubles. If the case concerns a legal entity , then a fine of up to fifty thousand rubles is provided for it.

What to do if they do not pay (delay) wages? where to apply? 2015-2016

In accordance with the already mentioned Article 142, any employee has the right to self-defense. Protection of one's own rights in this case consists in refusing to go to work. However, this step is only possible under certain conditions:

1. The delay in payment of wages is 15 days or more.
2. The employee must notify the employer in advance of his intention not to appear at work due to non-payment of wages.

It is important to know that if the employer, in response to an employee's notice of absenteeism, notifies the intention to pay wages, the employee must return to his work duties the next day.
Who is prohibited from suspending employment Some categories of employees are prohibited under labor law from organizing the protection of their rights by absenteeism. Required documents The main document when filing a complaint against an unscrupulous employer with the relevant authorities is a statement. It is necessary to provide other documents, if any, confirming the fact of non-payment of wages to the employee. Nuances There are some nuances regarding the upholding of the rights to remuneration. One of them concerns foreign workers. Where do they go in case of salary delays? Labor relations of this category of workers are also regulated by the Labor Code of the Russian Federation. Therefore, they, like other employees, can defend their rights in the same instances.

Where to call if wages are delayed hotline in Moscow

Important

On the consequences of receiving "shadow" wages At present, raising the level of wages, creating conditions for its timely payment, legalizing "shadow" employment and hidden forms of wages remains one of the main tasks in the field of social and legal relations. In order to carry out work to identify the facts of paying unofficial wages (wages "in envelopes"), understating the taxable base for personal income tax, the base for calculating insurance premiums to the Pension Fund of the Russian Federation and the Federal Compulsory Medical Insurance Fund, the Office of the Pension Fund of the Russian Federation in the city of OP opens "hot line" for complaints about non-payment of wages The Public Chamber (OP) of the Russian Federation from July 1 opens a "hot line" to which Russians can complain about non-payment of wages, the Izvestia newspaper writes.

“Pay arrears, behind which are corruption and fraud, are of particular concern.

Salary must be paid at least every half month. The payment date must be no later than 15 calendar days from the end of the period for which the salary was accrued. If the day of payment coincides with a weekend or holiday, you must pay on the eve of this day (Article 136 of the Labor Code of the Russian Federation).

If your employer delays your pay for more than 15 days, send him a statement demanding that you do so. Prepare two copies: give the first one to the employer, and ask the second to put a mark of acceptance (registration number, date, position, last name, first name, patronymic and signature of the accepting employee) and keep it with you. If the employer refuses to accept the application or mark acceptance, send the application by registered mail with notification and a description of the attachment.

If after that the employer does not pay you a salary, you can

• during periods of introduction of martial law, a state of emergency or special measures in accordance with the legislation on a state of emergency;
• in bodies and organizations of the Armed Forces of the Russian Federation, other military, paramilitary and other formations and organizations in charge of ensuring the country's defense and state security, rescue, search and rescue, firefighting, work to prevent or eliminate natural disasters and emergency situations , in law enforcement;
• civil servants;
• in organizations directly serving especially dangerous types of production, equipment;
• employees whose labor duties include the performance of work directly related to ensuring the life of the population (energy supply, heating and heat supply, water supply, gas supply, communications, ambulance and emergency medical care stations) (Article 142 of the Labor Code of the Russian Federation).

"> suspend work until he fulfills his obligations. You may be absent from the workplace or not perform your work duties. However, you must notify the employer in writing about this, having received from him confirmation of receipt of the notification.

You also can:

• 
  

  The amount of the benefit depends on your earnings, however, if your total insurance period was less than six months before going on maternity leave, the benefit will be calculated based on the minimum wage. The allowance is provided in total for the entire period of vacation. The employer is obliged to pay it along with the next salary after you present him with a certificate of incapacity for work.

  • complain to (Rostrud) (
    

    If the employer does not do this, you can:

    • complain to the Federal Service for Labor and Employment (Rostrud) (
      

      If your employer is not paying you the allowance you should be, you can:

      • complain to the Federal Service for Labor and Employment (Rostrud) ( First you need to contact the Federal Service for Labor and Employment (aka Rostrud). Check out the procedure for personal reception on the websites of the departments. "\u003e personally, Send a complaint by registered or regular mail to the State Inspectorate labor in the city of Moscow at the address: 115582, Moscow, Domodedovskaya street, 24, building 3. "> by mail or Rostrud, online inspection.rf "> online );
      • complain to the district prosecutor's office;
      • sue the employer

      In accordance with Article 236 of the Labor Code, an employer who has delayed payments is obliged to submit not only them, but also In the amount of not less than 1/150 of the key rate of the Central Bank in force at that time from the amounts not paid on time for each day of delay, starting from the next day after the established payment period. In case of incomplete payment within the established period, the amount of interest is calculated from the amounts actually not paid on time. The amount of compensation can be increased by a collective agreement, a local regulation or an employment contract .

      ">compensation for the delay.

      8. Where can I complain about payroll deductions?

      The employer has the right to deduct from your salary:

      • unworked advance payment issued on account of wages;
      • unspent and not returned in a timely manner advance payment issued in connection with a business trip (or in other similar situations);
      • funds overpaid earlier as a result of accounting errors;
      • funds paid to you for work, provided that you did not meet the labor standards.

      However, the amount withheld in this case may not exceed 20% of the total salary, with the exception of this limitation does not apply to those who are obliged to pay maintenance for minor children, compensate for harm caused to the health of another person, and harm caused to persons who have suffered damage in connection with with the loss of a breadwinner, as well as in compensation for damage caused by a crime. In these cases, the employer can withhold up to 70% of the total salary after taxes.

      ">cases
    when funds are withheld from your salary by a court order. If your employer withholds part of your salary for no reason or the amount withheld exceeds 20% of your salary, you can:
    • complain to the Federal Service for Labor and Employment (Rostrud) ( First you need to contact the State Labor Inspectorate in the city of Moscow (a territorial body of the Federal Service for Labor and Employment), and then, if necessary, directly to the Federal Service for Labor and Employment (aka Rostrud ). Check out the procedure for personal reception on the websites of the departments. "> in person , Send a complaint by registered or regular mail to the State Labor Inspectorate in Moscow at the address: 115582, Moscow, Domodedovskaya street, house 24, building 3. "> by mail or you you can leave a complaint on the websites of Rostrud, the State Labor Inspectorate in the city of Moscow (the territorial body of Rostrud) or on the onlineinspektsiya.rf portal created by them.">online );
    • complain to the district prosecutor's office;
    • file a lawsuit against the employer (district court at the location of the organization).

1. Please note that with regard to the remuneration of employees :

The hotline of the Ministry of Labor of Russia has been opened in the spheres of labor and social protection;
- the hotline of the Ministry of Education and Science of Russia was opened in the sphere of education and science;
- a hotline of the Ministry of Culture of Russia was opened in the spheres of culture and art.

3. In order to protect the rights and interests of workers and employers, the Federal Service for Labor and Employment has created the System of electronic services ONLINEINSPECTION.RF, which allows :

Submit an application to the labor inspectorate, which will check the observance of labor rights and help eliminate violations;
- get advice on the application of the requirements and norms of labor legislation within 3 working days;
- the employer to conduct a self-examination of compliance with labor laws.

4. ​Answers to standard questions regarding the remuneration of employees of budgetary institutions in the healthcare sector :

Question: Will there be a pay increase for healthcare workers? I work as a general practitioner, what should my salary be? What and in what amounts should I receive compensation and incentive payments? ?

According to Article 144 of the Labor Code of the Russian Federation, wage systems for employees of state institutions of the constituent entities of the Russian Federation and municipal institutions are regulated by collective agreements, agreements, local regulations in accordance with federal laws and other regulatory legal acts of the Russian Federation, laws and other regulatory legal acts of the constituent entities of the Russian Federation. Federation and regulatory legal acts of local governments.

Thus, the issue of the procedure and conditions for remuneration of employees of state institutions of the constituent entities of the Russian Federation and municipal institutions, including the increase in wages, the procedure for setting salaries, the procedure for establishing compensation and incentive payments (including bonuses for having an honorary rank, payments for length of service, for the presence of a qualification category, for work in rural areas) falls within the competence of state authorities of the constituent entities of the Russian Federation and local governments.

In view of the foregoing, on these issues, you should contact the executive authority in the field of health protection of the constituent entity of the Russian Federation on whose territory the institution where you work is located.

Question: Why is my salary less than the average salary for doctors in the region ?

Calculation of the average salary for a separate category of medical workers in the constituent entity of the Russian Federation is based on aggregation for all institutions of the social sphere (education, healthcare, culture, social services) and science of state and municipal forms of ownership operating in the territory of the constituent entity of the Russian Federation, data on accrued wage fund, including salary payments, compensation payments and incentive payments, as well as wages at work on an internal part-time job and the average number of employees in this category.

The amount of wages of a particular employee depends on the duration of working hours, working conditions, qualifications, complexity, quantity and quality of work performed.

Question: When will the salary increase for healthcare workers ?

As part of the implementation of the Decree of the President of the Russian Federation
of May 7, 2012 No. 597 "On measures for the implementation of state social policy" by order of the Government of the Russian Federation of November 26, 2012 No. 2190-r, the Program for the gradual improvement of the wage system in state (municipal) institutions for 2012-2018, including the dynamics of approximate (indicative) values ​​of the ratio of the average salary of employees of institutions and the average salary in the constituent entities of the Russian Federation.

This dynamics of ratios is included in the indicators of structural transformations in the system of medical care of the action plan ("road map") "Changes in the sectors of the social sphere aimed at improving the efficiency of healthcare", approved by the order of the Government of the Russian Federation dated December 28, 2012 No. 2599-r
( hereinafter referred to as the sectoral "road map").

In general, in the Russian Federation, the sectoral roadmap for the end of 2016 provides for the achievement of a ratio of the average salary of doctors and the average salary in the constituent entities of the Russian Federation of 159.6%, of middle and junior medical personnel, respectively, 86.3% and 70.5% .

In accordance with paragraph 4 of the sectoral "road map", the constituent entities of the Russian Federation developed and approved, in agreement with the Ministry of Health of Russia, "road maps" for the development of healthcare, including, among other things, regional values ​​​​of the ratio of the average salary of categories of medical workers and the average salary in the corresponding constituent entity of the Russian Federation .

In view of the foregoing, on this issue, you should contact the executive authority in the field of health protection of the constituent entity of the Russian Federation on whose territory the institution where you work is located.

Question: I work as a doctor, wages are not paid in full and not on time. Please protect my labor rights .

In accordance with the Regulations on the Ministry of Health of the Russian Federation, approved by Decree of the Government of the Russian Federation dated June 19, 2012 No. 608, the Ministry of Health of the Russian Federation does not have the authority to control and supervise compliance with labor laws and other regulatory legal acts containing labor law norms.

The powers for state supervision over compliance with labor legislation and other regulatory legal acts containing labor law norms, in accordance with Article 353 of the Labor Code of the Russian Federation, are exercised by the Federal Service for Labor and Employment.

In accordance with the tasks assigned to it, the federal labor inspectorate exercises state supervision and control over the observance by employers of labor legislation and other regulatory legal acts containing labor law norms through inspections, examinations, issuance of binding orders to eliminate violations, drawing up protocols on administrative offenses within the limits of authority, preparation of other materials (documents) on bringing the perpetrators to justice in accordance with federal laws and other regulatory legal acts of the Russian Federation (paragraph 2 of Article 356 of the Labor Code of the Russian Federation).

Given the above, if you believe that the employer is violating labor laws, you have the right to apply to the territorial body of the Federal Service for Labor and Employment and (or) to the court.

Question: In our city there is a medical organization in which the salary of the head is ten times higher than the salary of doctors. But doctors treat, not leaders .

In most subjects, in accordance with paragraph "g" of Section X of the Uniform Recommendations on the Establishment of Remuneration Systems for Employees of State and Municipal Institutions at the Federal, Regional and Local Levels for 2016, approved by the decision of the Russian Tripartite Commission for the Regulation of Social and Labor Relations (minutes dated 25 December 2015 No. 12), in order to prevent unreasonable differentiation in the wages of managers and employees of medical institutions, regulatory legal acts set limits on the ratio of the average salary of managers and employees of an institution in a multiple of 1 to 6, taking into account the complexity and volume of work performed.

According to the monitoring data of the Program for the gradual improvement of the wage system in state (municipal) institutions for 2012-2018, approved by the Decree of the Government of the Russian Federation of November 26, 2012 No. 2190-r, in 2015 in 94.0% of state and municipal institutions subjects of the Russian Federation, the ratio of the average wages of heads of institutions and the average wages of employees of institutions did not exceed 4 times.

At the same time, there were no cases of exceeding the established limit ratios in the constituent entities of the Russian Federation.

Question: What is an “ effective contract ” in healthcare and do I have to sign it?

One of the main areas for improving wages in accordance with the Program for the gradual improvement of the wage system in state (municipal) institutions for 2012-2018, approved by Decree of the Government of the Russian Federation dated November 26, 2012 No. 2190-r, is the creation of incentive systems that provide setting wages depending on the quality of state (municipal) services (works performed) and the efficiency of employees according to specified criteria and indicators, that is, transferring to an “effective contract”. In other words, this is the development and implementation of a motivation system that aims an employee to achieve the goals of the institution while respecting his interests.

Subjects of the Russian Federation in accordance with paragraph 11 of the Action Plan ("road map") "Changes in the sectors of the social sphere aimed at improving the efficiency of healthcare", approved by the order of the Government of the Russian Federation dated December 28, 2012 No. 2599-r, based on
methodological recommendations Ministry of Health of Russia, approved by the order of the Ministry of Health of Russia dated June 28, 2013 No. 421, developed performance indicators for state medical organizations of the constituent entities of the Russian Federation and municipal medical organizations, their managers and employees.

A change in the procedure for establishing incentive payments is a change in the conditions determined by the parties to the employment contract, and in accordance with part two of Article 74 of the Labor Code of the Russian Federation, the employer is obliged to notify the employee in in writing no later than two months.

With an employee of an institution who is in an employment relationship with an employer, it is recommended to draw up an agreement on changing the terms of the employment contract determined by the parties.

In an additional agreement to the employment contract, the conditions for making payments are recommended to be specified in relation to this employee of the institution.

If the employee refuses to continue working due to a change in the terms of the employment contract, the employment contract is terminated in accordance with paragraph 7 of the first part of Article 77 of this Code.

Question. They offer to work additionally for the nurse of our department during her vacation with payment of 25% of her salary. Is the amount of the surcharge legally determined, can I refuse the offer ?

An employee may be assigned to perform additional work only with his written consent. This follows from Article 60.2 of the Labor Code. In this case, the employee has the right to prematurely refuse to perform additional work, and the employer has the right to cancel the order to perform it ahead of schedule. To do this, you only need to notify the other party in writing no later than three working days.

When combining professions (positions), expanding service areas, increasing the volume of work or performing the duties of a temporarily absent employee without exemption from work specified in the employment contract, the employee is paid an additional payment.

The amount of additional payment is established by agreement of the parties, taking into account the content and volume of additional work. This is stated in article 151 of the Labor Code.

Question. When working on a staggered schedule in January, part of the work shifts falls on non-working holidays. How to pay them if the accounting period is three months ?

Work on non-working holidays is included in the standard working time of the accounting period. Since work on holidays in this case is carried out within the normal working hours, according to Art. 153 of the Labor Code of the Russian Federation, it is paid in the amount of at least a single rate in excess of the employee's wages for all hours worked on these days.

Specific amounts of payment for work on a non-working holiday may be established by a collective agreement, a local normative act adopted taking into account the opinion of the representative body of workers, and an employment contract.

Increased wages for work on holidays should be accrued monthly along with the wages of the corresponding month

Question. He worked in January 2016 on his day off full time and in the same month was given another day of rest, salary 12,000 rubles. What salary should I have in January ?

Article 153 of the Labor Code states that in such situations, the employee is paid work on a day off at least one day's part of the official salary in excess of the official salary. In your situation, it turns out that January was fully worked out, 15 working days (one day worked on a day off), for work on that day you were given another day of rest. Therefore, you must be paid for work on a day off in a single amount. This means that in just January your salary will be 12,800 rubles, of which 12,000 rubles is a salary for a fully worked month, and 800 rubles (12,000: 15 x 1 day) for work on a day off.

Question. Is the employer obliged to make double payments for harmful working conditions and for work at night, if the work was done on weekends and holidays ?

Art. 153 of the Labor Code of the Russian Federation establishes the minimum amount of increased pay for work on a weekend and non-working holiday, a double tariff.

Specific amounts of payment for work on a day off, non-working holiday, taking into account various allowances and additional payments, can be established by a collective agreement, a local normative act, an employment contract.

Thus, increased remuneration for work on a weekend or non-working holiday is made taking into account all additional payments and allowances established in the organization, if this is provided for by a collective labor contract.

Question. How should medical workers be paid for on duty in excess of normal working hours ?

In accordance with the Labor Code of the Russian Federation, work outside the normal working hours is possible in this case on a part-time basis (i.e. under a separate employment contract by agreement of the parties), in the form of overtime work, as well as when working in irregular working hours.

Part-time work is the performance by an employee of another regularly paid job on the terms of an employment contract in his free time from his main job for no more than four hours a day and half the monthly norm of working time and up to the full norm of working time in cases provided for by the Decree of the Ministry of Labor of Russia of June 30, 2003 No. 41 "On the peculiarities of part-time work of pedagogical, medical, pharmaceutical workers and cultural workers."

According to Article 285 of the Labor Code of the Russian Federation, remuneration for persons working part-time is made in proportion to the hours worked, depending on the output or on other conditions determined by the employment contract.

Overtime work - work performed by an employee at the initiative of the employer outside the established working hours, daily work (shift), as well as work in excess of the normal number of working hours for the accounting period. Payment for overtime work is made for the first two hours of work at least one and a half times, for subsequent hours - at least twice the size. Specific amounts of payment for overtime work may be determined by a collective agreement or an employment contract.

Question. Our organization practices the collection of fines from bonus payments for violation of labor discipline. Is it legal ?

For the commission of a disciplinary offense, which is understood as non-performance or improper performance by an employee through his fault of the labor duties assigned to him, the employer has the right to apply a disciplinary sanction (Article 192 of the Labor Code of the Russian Federation).

The main duties of an employee are listed in Article 21 of the Labor Code of the Russian Federation, which include, in particular, compliance with the internal labor regulations of the organization. Thus, violation of the internal labor regulations of the organization (for example, being late for work without a good reason) is a disciplinary offense and entails the possibility of imposing a disciplinary sanction.

The Labor Code provides for three types of disciplinary sanctions: reprimand, reprimand, dismissal on appropriate grounds.

The employer cannot impose other penalties (for example, deductions from wages) on employees.

Deductions from the employee's wages are made only in cases provided for by the Labor Code of the Russian Federation and other federal laws.

In accordance with Article 137 of the Labor Code of the Russian Federation, deductions from the employee's salary to pay off his debt to the employer can be made:

to reimburse the unworked advance payment issued to the employee on account of wages;

to pay off an unspent and not returned in a timely manner advance payment issued in connection with a business trip or transfer to another job in another area, as well as in other cases;

to return the amounts overpaid to the employee due to accounting errors, as well as the amounts overpaid to the employee, in the event that the body for considering individual labor disputes recognizes the employee’s guilt in failure to comply with labor standards (part three of Article 155 of the Labor Code of the Russian Federation) or simple (part three of Article 157 of the Labor Code of the Russian Federation) RF);

upon dismissal of an employee before the end of the working year, on account of which he has already received annual paid leave, for unworked vacation days. Deductions for these days are not made if the employee is dismissed on the grounds provided for in paragraph 8 of the first part of Article 77 or paragraphs 1, 2 or 4 of the first part of Article 81, paragraphs 1, 2, 5, 6 and 7 of Article 83 of the Labor Code of the Russian Federation.

It is possible not to accrue a bonus or accrue it incompletely if a disciplinary sanction is imposed on the employee, only if there is a record of this in the bonus provision.

Question. I work in the mode of summarized accounting of working hours with an accounting period of a year. November 2015 fired. Are overtime hours 40 hours worked within the employee's shift schedule but in excess of the normal number of hours during that period ?

In accordance with Art. 99 of the Labor Code of the Russian Federation, work performed by an employee at the initiative of the employer in excess of the normal number of working hours for the accounting period is overtime.

Payment for overtime work, in accordance with Article 152 of the Labor Code of the Russian Federation, is made for the first two hours of work at least one and a half times, for subsequent hours - at least twice the amount. This principle of payment for overtime work that takes place in any mode of work is the same.

With regard to the above situation, the processing in the amount of 40 hours should be paid as overtime. Indeed, in this case, in connection with the dismissal before the end of the accounting period, processing in the months before the dismissal cannot be compensated for by the shortfall in the remaining months of the accounting period.

Calculation of wages to employees who have a monthly tariff rate and summarized accounting of working time is made on the basis of an hourly tariff rate.

Normatively, the procedure for calculating the hourly rate from the established monthly rate is not defined. In practice, two options for calculating the hourly tariff rate from the established monthly rate are used:

by dividing the monthly tariff rate by the average monthly number of working hours per year, depending on the established length of the working week;

by dividing the monthly tariff rate by the number of working hours at the rate in the month for which wages are calculated.

In our opinion, the first option is optimal, since it avoids possible deviations in the employee's annual salary.

In the second variant of the accrual, deviations of the annual wage under the established conditions are possible in any direction, that is, in the direction of reduction too. It all depends on how many working hours according to the schedule fall on the months in which the number of working hours is the smallest and the largest according to the norm.

In our opinion, the calculation of the hourly tariff rate from the established monthly rate in order to pay for hours of overtime work, night work, etc. it should also be produced by dividing it by the average monthly number of working hours per year, depending on the established length of the working week.

In this case, the same number of hours of overtime, night work , etc., carried out in different months of the accounting period will be paid in the same amount.

Question. Does the employer have the right to oblige the employee to receive wages by card through an ATM installed on the territory of the organization, if this is provided for in the collective agreement ?

As follows from the provisions of Art. 136 (part three) of the Labor Code of the Russian Federation, wages are paid to the employee, as a rule, at the place of work or transferred to the bank account specified by the employee on the terms determined by the collective agreement or labor contract.

From this norm it follows that the transfer by the employer of the wages of employees according to the register to the bank for payment by cards without receiving a corresponding application from the employee indicating the bank account is unlawful even if such a possibility is provided for by the collective agreement. The collective agreement usually provides for conditions on the costs of the parties to the employment contract in the event of agreements for the employer to transfer the employee's wages to a bank account.

Question. The organization uses the advance method of payroll calculation: on the 25th - advance payment for the current month, on the 10th - wages for the calculation of the previous month. Thus, the requirement of Art. 136 of the Labor Code of the Russian Federation on the payment of wages 2 times a month. Are these terms legal? ?

In our opinion, the terms of payment of wages established by the Company contradict Article 136 of the Labor Code of the Russian Federation for the following reasons.

Article 136 of the Labor Code of the Russian Federation provides for the payment of wages at least every half a month, on the day established by the internal labor regulations of the organization, the collective agreement, the employment contract, and not 2 times a month in total. This means that with the advance method of calculating wages for each half of the month, wages should be calculated in approximately equal amounts. In this case, the advance is wages for the first half of the month.

The terms of payment of wages established in your organization may lead to a violation of the requirements of this article, for example, when an employee who enters work on the 1st day receives wages for the first half of the month (advance payment) only at the end of the month (on the 25th day), when the month is practically worked out completely contrary to labor law.

Question. In our organization, on the basis of a local regulatory act, pay slips combine payments according to the district coefficient, payment for night hours, holidays , etc. into one article to simplify the printed form, is this correct ?

Answer. In our opinion, it is impossible to combine payments according to the district coefficient, payment for night hours and holidays, bonus payments and other additional payments into one item in pay slips, because. in accordance with Art. 136 of the Labor Code of the Russian Federation, when paying wages, the employer is obliged to notify each employee in writing of the components of the wages due to him for the relevant period, the amounts and grounds for the deductions made, as well as the total amount of money payable.

Question. I work in a medical organization, since January 1, 2016 I have been filling the position of deputy head of the personnel department, the salary for which is 30% higher than the salary for the previous position. In the same month, I was sent on a business trip for two weeks while maintaining the average salary. Returning from a business trip, I found that my salary for January was almost at the level before the increase. Is it correct? In this case, could I have been paid during the business trip the usual salary, and not the average salary? ?

No, in accordance with Art. 167 of the Labor Code of the Russian Federation, when sending an employee on a business trip, he is guaranteed the preservation of average earnings for all working days of the week according to the schedule established at the place of permanent work. This article does not contain other options for settlements with employees during a business trip.

In the above situation, indeed, payments on average earnings will be less, since it is not subject to adjustment, since there was a personal increase in official salary in connection with the transition to a higher position, and not in the whole organization.

Considering that the time spent on a business trip is included in working hours , in cases where the average earnings calculated for the time the employee was on a business trip is lower than his salary for this time, calculated in accordance with the established wage conditions, the local regulatory act on wages of employees may be provided for additional payments to the average earnings before wages as for the actual hours worked.

Question. Is the day off on which the employee donated blood subject to payment according to average earnings and is there two additional paid days of rest? ?

After each day of donating blood and its components, the employee is given an additional day of rest. The specified day of rest, at the request of the employee, can be attached to the annual paid leave or used at another time within a year after the day of donating blood and its components.

In the case of blood donation on a day off, the employee is provided with another day of rest at will.

In accordance with Art. 186 of the Labor Code of the Russian Federation, when donating blood and its components, the employer retains for the employee his average earnings for the days of donation and the rest days provided in connection with this.

Thus, in connection with donating blood on a day off, the employee is entitled to payment according to the average earnings of the day of blood donation, an additional day of rest and another day of rest provided at his request.

We will answer a popular question: what to do if the employer delays or refuses to pay wages? The relevance of this issue remains at a high level at any time. We have prepared the most effective options that you can use. By the way, it's a good idea to use several at once, for efficiency.

There is a law that says about the protection of the rights of workers, according to current legislation (Article 142 of the Labor Code of the Russian Federation). Based on the law, it follows that any worker may not officially appear at his place of work if the employer has delayed wages for more than 15 days. There is a small nuance: in this case, you must write a special letter to your employer and notify that your activity is suspended until payment is made.

The employer must respond when it is ready to pay, and the employer must report the next day. There are exceptions when workers in certain professions are not allowed to do so. Basically, these are professions related to health, safety, and security. More:

• people working in the ambulance or fire service, heat and power supply also fall into this list;
• civil servants are deprived of the right to leave the workplace if wages are delayed;
• in a state of emergency or martial law, it is also forbidden to refuse to work.

Your first step should be to contact the labor inspectorate or other body. Now we will consider the option with a labor inspection, it is relevant and effective. This body is designed to protect workers and ensure compliance with applicable laws. There is a special form that must be filled out when contacting this service. According to all the rules, it is filled in in free form, after receiving your letter, the authorities will conduct their investigation.

If, as a result, it is clear that the employer has violated your rights and the law, then special measures will be applied to him. Also, the staff of this body will kindly offer you to go to court, help with the collection and execution of the necessary documents . This method is suitable for those who wish to punish their employer for the inconvenience.

The second way is to contact the prosecutor's office. According to the laws of the Russian Federation, the prosecutor's office is obliged to conduct an investigation after the appeal of a citizen of the Russian Federation. With a correctly drawn up application, the prosecutor will conduct an audit and determine the type of employer's responsibility. As soon as you find yourself in the prosecutor's office, you need to find an employee on duty; he usually has his own office, and you can ask for a number at the entrance. The duty officer should communicate with you, thereby recognizing your problem. After communication, you must write a statement if you want to continue. There is also an option for the lazy: a message can be written and sent by mail. When using mail, no one guarantees efficiency, because a letter may simply not reach, unfortunately, this is not uncommon with us.

If these two methods are not enough, then it makes sense to continue. You can return your earned money, and even more, it will be enough to go to court. You will not be able to achieve some kind of punishment for your offender, this will be done by the prosecutor's office or the labor inspectorate. The main purpose of going to court is compensation for non-pecuniary damage and the return of money for work. If wages were delayed for a long time, in this case, interest is due equal to the annual rate of the Central Bank. These accruals will be in force from the next day, after the deadlines for receiving salaries.

There is still a lot of sensible information that will help punish the employer or get your money back. With diligent effort, you can do two things at the same time. I advise you to read the rest of the information, it will be useful.

Where to call and where to wait for help

If the salary is delayed, then you need to contact and call the prosecutor's office or the labor inspectorate. There are no other official bodies that can help. A phone call to one of these authorities is needed in order to collect all the information that is needed to conduct an investigation. Employees will be happy to listen to your whole story, perhaps even give some advice, but they will officially deal with this issue only if there is an application.

There is a special hotline, but it will not help with resolving the issue. The hotline will provide you with the same information that you were able to read in this article. The biggest help you've received is listing the required documents and helping you complete your application. But, as already mentioned, the application is in free form, so this is a useless option.

How long can wages be delayed

We have given answers to where to go and how to act, but there is still useful information. Salary delays may not occur at the request of the employer, but due to life circumstances, which are most often unpredictable. If something like this happened, try to settle the issue with the employer yourself, a regular receipt can serve as confirmation. The latter must be certified by a notary so that it is not a useless piece of paper.

In the legislation of the Russian Federation there is article 136 of the Labor Code, which states that wages must be paid at least twice a month. Payout times should be set by the organization you work for. In fact, violating these numbers even for one day is a serious violation of the law. If your salary is delayed for 1 day, you can contact special authorities.

Many people don't pay attention to a slight salary delay and put up with it, but, from the point of view of the law, it is possible to force the employer to compensate for the wait, and be punished.

What is the responsibility of employers who do not pay wages

If wages are delayed, the employer will have to answer according to the law, there is article 5.27 in the Code of Administrative Offenses;

• if the employer is an individual entrepreneur , then a fine of up to 5,000 rubles is due for delayed wages;
• legal entities will suffer significant losses, their expenses will amount to 50,000 rubles.

If the employer delays payment for more than two months, then there are special measures. An amount equal to 100,000 to 500,000 rubles will be recovered from him, or it is possible that the fine will amount to a three-year profit.

The punishment can be not only financial, the employer has the right to be imprisoned for three years. In addition to serving a prison sentence, he will receive a ban on receiving a leadership position.

Thanks to our legislation, the employer will not be able to avoid paying wages to workers, he will even have to compensate for the waiting time. There are valid circumstances, they are any incidents or events that occurred through no fault or desire of the employer. In this case, he is likely to be able to avoid criminal or administrative liability.

The courts are quite often loyal to force majeure and can take the side of the employer, freeing him from imprisonment. The work of the workers will be paid in any case, the main thing in this is not to be too lazy and contact the authorities.

Idle time due to the fault of the employer

As soon as you sent that very cherished letter to your boss, you are released from visiting the workplace until the payment deadlines. By law, you are not required to visit the office or be at work. Many employers will try to get you to attend work, but do nothing, don't do it. The law provides for the possibility of completely getting rid of work duties.

There is another nice bonus. Imagine that due to the fault of the employer you missed 2 months of work, this means big financial losses for you, but not everything is so simple. According to the laws, the employer is obliged to pay you up to 75% of your rate for each month of downtime. If the employer refuses to make the final settlement and payment after dismissal, then all problems can be resolved through litigation. The court will be on the side of the victim in any case.