How time is paid. Travel time to pay or not

Probably, albeit occasionally, but every third citizen faced such a phenomenon as a decrease in wages. Why this happens, whether the employer has the right to do this, what the employee can do - we will try to answer these questions.

Salary and legislation

Before delving into the study of the legality of reducing or depriving wages, it must be said that wage issues, like other nuances of labor relations, are considered by the Labor Code of the Russian Federation. Chapter 21 of the Labor Code is devoted to the procedure for accrual, payment terms, setting the size and other features and subtleties of remuneration.

Salary legal requirements

Of course, the Labor Code cannot provide for all the subtleties of calculating and paying wages for each enterprise of the Russian Federation, but it takes into account and regulates most of the issues related to the payment of labor relations, providing guarantees and protection not only to employers, but also to employees.

Salary

Every year on the territory of the Russian Federation, a minimum wage level or a minimum wage level is established, which is valid throughout the country. From July 1, 2017, the minimum wage level is 7,800 rubles. Below this amount, the employer is not entitled to pay the employee. True, there is a specificity: the minimum level is paid with a fully worked out norm of working time. Therefore, for example, an employee who works part-time (and according to the law, part-time work cannot exceed half the norm of work at the main place of employment) can receive half as much as other employees. And we are not talking about lowering salaries, but about remuneration for the hours actually worked.

Otherwise, the employer is free to calculate wages as he sees fit: independently set the amount of bonuses and other incentives, and so on.

In some regions, there is a district coefficient - this amount is also added to the salary.

Terms of payment of wages

According to the labor code, wages must be paid twice a month, and the interval between payments should not exceed fifteen days. The employer can choose the numbers himself, even the first and sixteenth day of each month, even the tenth and twenty-sixth, even the eighth and twenty-fourth, the main thing is to keep fifteen days between payments and make payments twice a month. The days of payment of wages must be indicated in the documents of the enterprise:

• collective agreement;
• employment contract;
• salary regulations;
• award clause.

- and in all others if necessary.

Regardless of whether the payment of wages is made to the employee’s plastic card, or is given to him in cash through the cash desk of the enterprise, even if there has been a decrease in wages, wages must be paid strictly on the day indicated in the documents of the enterprise. If the due date for payment of wages falls on a weekend or holiday, wages must be paid on the working day before.

Delay in payment of wages

You cannot delay the payment of wages. For each day of delay in payment, the employer must pay compensation to the employee, even if the salary was delayed through no fault of his. Compensation is calculated depending on the amount of delayed wages (even if wages were reduced), the refinancing rate of the Central Bank of Russia and the number of days of delay.

If the employer delays the payment of wages for more than fifteen days, the employee (if he is not a civil servant, does not deal with saving the life and health of the population, as well as with dangerous work that he has no right to leave) may stop going to work until those until the employer pays him off. In this case, of course, the employer will have to pay for downtime days.

If the employer delays wages, the employee can even write a letter of resignation of his own free will from any term, and the employer will be required not only to make a full payment on the day of dismissal, but also to agree to any term that the employee puts in the application. At the same time, the employer does not have the right to reduce wages upon dismissal.

Of course, these actions cannot be performed by the above category of workers, as well as by any workers, if the country has a military, emergency or other special situation.

The procedure for paying wages

In order to pay an employee wages, they must first be accrued. Everyone knows that an employee receives an amount in his hands, which always differs from the salary established for him. And the point is not in lowering wages, but in the fact that the income of employees is supposed to pay tax - as a rule, it is thirteen percent of the salary. In addition, alimony, overpaid wages (due, for example, to a mechanical error of the calculator), and other deductions can be deducted from the salary. But in addition to deductions to the salary, there are additions:

• bonus at the end of the billing period;
• seniority allowance;
• degree supplement;
• district coefficient;
• social payments;
• compensation for overdue salary payments.

The accrued wages of each employee are indicated in the payroll, after which it is signed by the head of the enterprise (or not signed if he has comments or additions), and only then, on the basis of this document, wages are paid: issuance in cash at the cash desk of the enterprise or sending the register employees and the amounts due to them, together with a payment order to the bank for transferring wages to plastic cards for employees.

The procedure for paying wages, its amount, terms of payment and other nuances of remuneration of employees of the enterprise must be described in detail in the internal documents of the enterprise. Moreover, each employee should have the opportunity to get acquainted with them.

Salary cut

According to the Labor Code, the employer does not have the right to establish such conditions that would lead to a deterioration in the position of the employee. This applies primarily to wages. According to the norms of the legislation, it is impossible to lower the salary level from the originally established level. However, there are some situations where an employer has the right to revise an employee's wage down and do so in a perfectly legal way.

Changing the terms of the employment contract at the initiative of the employer

The employer can make a reduction in wages if he restructures and / or reorganizes enterprises due to changes in organizational or technological working conditions.

In this case, positions, job responsibilities and tariff rates are reviewed - if the employer decides that the employee will have fewer duties in the new position, respectively, and he is supposed to pay less. Most often, this situation can be observed in schools and other educational institutions, where the recitation of subjects lasts for six months.

In this case, the employer must notify the employee about the reduction in wages two months before the date of the revision of wages. If the employee does not agree with this provision, the employer may offer him other available vacancies.

All changes in wages must be reflected in the Collective Agreement and other internal documents of the enterprise, while the procedure for making changes to the documents remains the same - for example, making changes to the Collective Agreement is possible only in agreement with representatives of the work team. If the employer makes changes to the Collective Agreement on his own and on the sly, his actions will be recognized as illegal.

Actual salary reduction

In the event that only the salary is indicated in the internal documents of the enterprise without any additional incentives or allowances provided, the employer has a completely legal right to stop paying these same bonuses and allowances.

That is, there will be no official reduction in wages - the employee will still receive his salary specified, for example, in the Collective Agreement, but in reality the amount of wages may decrease significantly.

Is wage forfeiture legal?

It happens that the employer simply does not pay wages to his employees, motivating this by the difficult situation of the enterprise, the fault of the employees, for which a fine is due, and the like. In fact, his actions are illegal - deprivation of wages under labor law is not allowed. Even if deductions are provided - alimony, compensation to the enterprise for material damage caused, and the like - the employee must receive at least half of the wages due to him.

An employee who was refused to pay a salary can apply to the labor commission and to the court.

Often in the relationship between the employer and employees there is a large number of situations of misunderstanding. Firstly, this is due to the fact that each of them pursues the goal of maximizing their own income while minimizing the effort expended (although, of course, the approach of cooperation to achieve a common goal is more correct and effective). Secondly, the terms of the contract, etc., are not always clearly spelled out.

Thus, on the part of the employer, there may be a desire to reduce the wages of the employee. This article discusses in detail the question of whether he can legally do this, and if so, how to arrange it.

Reduction at the initiative of the employer

Among the reasons why a manager may want to reduce the salary of an employee, one can single out:

• The decrease in the efficiency of the latter and its unwillingness to develop due to the long period of work in the company.
• In the case of the employee can not cope with unusual tasks.
• Deceived expectations after the interview due to the high self-presentation skills of the accepted candidate, etc.

An employer cannot reduce wages only at his own request or because there are crisis trends in the market. Legal grounds for reducing the income of an employee unilaterally may be:

• In the absence of a change in position - change in technological and/or organizational working conditions(this condition is spelled out in article 74 of the Labor Code of the Russian Federation). Examples of such changes in conditions may be:
  • change in production technology;
  • change in production technology;
  • improving jobs (for example, based on results);
  • reorganization of production (for example, structural).

  It is important to understand that the employer, according to the decision of the Supreme Court, needs to have documentary confirmation of the changes being made.

• When changing the variable part of remuneration using a system of performance indicators or so-called grades (such levels within which you can change the amount of an employee's income). In this case, the salary may depend on factors such as:
  • the quality of work;
  • the amount of effort expended;
  • qualification;
  • the complexity of the tasks performed.

  In this case, the contract must specify the main (constant part of the salary) and the variable part that the employee can receive. For example, with a fork from 25 to 40 thousand rubles, 25 thousand will be constant, and 15 thousand will be a variable part, depending on the performance of the person. However, it is necessary to correctly develop a system of indicators, set a plan and monitor its implementation every month.

By agreement of the parties

As you can see from the previous section, the employer has only 2 ways to reduce the salary of an employee without his consent. For a situation of mutual consent, there are also several options for legally reducing wages:

• When holding and recognition of the employee's competence as inappropriate for the performance of official duties (Article 81 of the Labor Code of the Russian Federation). In this case, there are options to transfer the worker to another (most often lower) position that he can perform. In this case, it is necessary to take into account his state of health. An important condition is the execution of the certification procedure and compliance with the regulations for its implementation.
• When transfer to another position with a decrease in wages (the basis is Article 72). However, it can be either permanent or temporary. The written consent of the employee is required (especially in the case of transfer to a position of lower qualification).
• In a situation or numbers. This rule applies to both organizations and individual entrepreneurs. In this case, the scheme will be similar to the previous situation, since the employer will be able to reduce wages in connection with the offer of a new position. If the current employee refuses to transfer, the manager is obliged to fire him and pay him, the amount of which corresponds to the average monthly salary. In addition, compensation is issued corresponding to the average salary that will be paid for the period of employment (up to 60 days from the date of dismissal).
• Finally, in connection with the establishment, for whatever reason part time(Article 93 of the Labor Code of the Russian Federation). Here, either part-time work can be set (the employee is at work a smaller number of hours daily during the work week) or (he works part of the days of the work week, most often during the full work day). Payment in this situation can be made either on the basis of the hours worked, or on the basis of the volume performed. The employer must be aware that he does not have the right to reduce the duration of the annual leave, change the procedure for calculating the length of service, etc.

Detailed instructions for completing the last case are in the following video:

The order of this procedure

The pay cut will be as follows:

1. Initially, the employer must inform the employee that his salary will be reduced, not less than 60 days to an immediate decline. The notification must be in writing. At the same time, if the employer is an individual entrepreneur, this period is seriously reduced - the individual entrepreneur must notify the employee of all in 14 days before the wage cut.
2. If the employee does not agree to a reduction in salary, the employer can offer him another available position (which must necessarily correspond to his qualifications). At the same time, all vacancies corresponding to the skills of the worker should be offered.
3. If the employee refuses vacancies (or there are no vacancies in the company), the employment contract may be terminated under article 77 (clause 7, part 4). At the same time, severance pay is paid.

Separately, the situation with the transition to part-time work is taken into account. Firstly, such a regimen can be used for no more than six months. Secondly, it is used only for the purpose of preserving jobs in case the organization faces the threat of mass layoffs of personnel, and this measure is preventive.

In the event of an employee's refusal, he can be dismissed under Article 81 of the Labor Code of the Russian Federation, subject to the issuance of compensation and guarantees laid down to him under Article 74.

Consequences of illegal reduction

The following situations are considered illegal wage cuts:

• Making any inconsistent changes to .
• Amendments to some other types of contracts (in particular,) in violation of the existing procedure.
• Making unreasonable decisions, etc.

In this situation, the employer may be held liable for one of the following types of liability:

• Disciplinary - a remark or reprimand (the dismissal of the head in this situation is not provided, since it only applies to situations related to property management).
• Civil law.
• Administrative - it is enshrined in Article 5.27 of the Code of Administrative Offenses.

Thus, there are a number of grounds within the framework of the legislation of the Russian Federation in order to reduce the salary of an employee. However, it is important to remember that in the majority of such situations, it is necessary to obtain written confirmation that the employee agrees with this state of affairs.

Can an employer cut wages? ? The Russian labor legislation allows reducing the wages of employees, but limits the list of situations in which such a change can be made unilaterally.

Unilateral salary reduction

The level of wages is an essential condition of the employment contract, therefore, an unreasonable change (reduction) in salary unilaterally is equated to non-payment of wages. In the same way, the employer cannot change the rates for piecework wages, which are fixed in the employment contract.

The Labor Code provides for only one case in which unilateral adjustment of the terms of an employment contract is allowed - this is a change in technological and organizational working conditions (Article 74 of the Labor Code of the Russian Federation provides an open list of changes that fall under this concept). Moreover, as a result of these adjustments, the working conditions of the employee should change in such a way that lower qualifications or lower labor costs are required to perform their labor functions.

As in other cases of changing the employment contract, the employee must be notified of the upcoming reduction 2 months before it is carried out. If the working conditions proposed in the change do not suit the employee, the employer is obliged to offer him other vacancies in the organization (if any). If no compromise is reached, the employee is fired.

Don't know your rights?

In practice, unilateral salary reduction is extremely rare, since the legislative wording that allows this is rather vague, and employers are justifiably afraid of workers turning to labor dispute inspectorates.

Reducing wages by agreement of the parties

More frequent is the option of changing labor relations by agreement of the parties. If necessary, the employer can use several options to reduce wages:

1. Salary reduction.
2. Transfer to a position with a lower salary.
3. Reducing the rate of production with piecework wages.
4. Transfer to a part-time mode.

Only the first two options involve a real reduction in the employee's salary, but the conclusion of a written agreement with him confirming agreement with the change in working conditions is required in any of the listed cases.

The employee must be notified of upcoming changes 2 months before they are made. In the event that the employee does not agree with the proposal of the employer, he has the right to refuse to amend the employment contract.

There is a need to stay for a while, which will then be paid in an increased amount. Not every employee knows how processing is paid under the Labor Code and what rights he has in this situation. In the article we will consider in detail all the nuances of overtime work.

What is recycling?

According to the Labor Code, there are working hours during which employees perform prescribed duties. Legislation establishes its standards, which must be observed by employers. The most common measure of working time is the week or shift. At the same time, the weekly employment of an employee should not exceed 40 hours, and the number of days can be equal to 5 or 6. For a shift, a maximum number of hours is set equal to 12. Payment for processing is made without fail, based on the number of hours and the rate.

What is overtime and overtime? From the word itself, it is easy to understand that it is performed in excess of the time allotted for the working day. According to Art. 99 of the Labor Code of the Russian Federation, this concept is defined as work performed by an employee on the initiative of the authorities when the time of the working day or shift has already ended. In fact, this is an excess of the limit allotted for the performance of labor duties. It is also important to remember that in the case of summarized accounting, overtime hours are considered to be hours that exceed the limits of working time established by the contract and the law.

Types of processing

There are various situations due to which the norm of working hours in the established period is exceeded. For example, in each month, the number of working days may vary slightly. In this regard, there are small revisions or shortcomings. Depending on the conditions specified in the contract, the situation is resolved by reducing (increasing) working time, by providing additional rest and paying time in the general manner. Such minor inconsistencies in the duration of work due to the different number of calendar working days are solved quite simply and are not related to overtime work.

It is not uncommon for an employee to combine several duties at once in one enterprise. In fact, he stays at the workplace longer than his colleagues, but the payment is regulated by the contract and usually is not processing, unless, of course, labor standards are observed.

Overtime work is time that is not included in the labor duties and work week (recording period) of the employee. This is entirely the initiative of the employer, which, moreover, may be rejected. In some cases, even a written consent is required for processing of this kind.

Time tracking

The legislation forces employers to carefully monitor that the length of working time for the accounting period is not exceeded. For these purposes, there is such a thing as total working time. Sometimes this is the only method of labor rationing. The duration of the period under consideration can range from one month to a year. For workers employed in hazardous production - no more than 3 months. The normal number of hours is calculated based on the established weekly limits, according to the category of worker. For example, the duration of the working week of minors or disabled people is shorter.

Even if the working conditions of an employee allow for regulation of his daily or weekly length of time, summary records should be maintained. This also applies to processing. The employer must ensure that accurate overtime hours are recorded for each employee.

Time frame for overtime work

The fulfillment of additional obligations outside of working hours has limits in the form of a maximum duration of overtime work. The employer has the right to detain the employee for some time (how exactly, we will consider later), but not more than 4 hours. However, this may not happen every day. The four-hour limit is set for two days. It turns out that the employee can work overtime only this amount of time. Consider the example of the legality of the actions of the employer:

• processing on Wednesday and Thursday for 2 hours is legal, but on Friday the normal working hours must be observed;
• Wednesday + 4 hours after the end of the working day, Thursday - the usual schedule, on Friday the employee can again be involved in overtime work;
• overtime on Tuesday 2 hours and on Wednesday 3 hours will already be illegal, you should reduce the time on one of the days by at least an hour or allow one working day between the indicated weekdays according to the usual schedule.

Of course, 4 hours in 2 working days is not the only limitation. Otherwise, many unscrupulous employers would have successfully used it. Within one year, the total number of overtime hours must not exceed 120, or there is a violation of the law.

What is considered overtime?

Defining clear boundaries for the concept of what kind of work can be considered overtime is as important as the time of its implementation. Processing can be assigned only for a limited list of reasons, including:

• the need to perform (complete) the work that has been started, which was delayed for technical reasons, if failure to do so will result in damage or destruction of property;
• temporary work to repair and restore equipment or other material assets of the enterprise, the failure of which will lead to the termination of work of most employees;
• non-appearance of a replacement employee in case of continuous work;
• elimination of consequences of emergencies, accidents, catastrophes;
• the need to perform socially important work to eliminate unforeseen violations (restoration of heat supply, lighting, gas supply, etc.);
• work caused by the introduction of martial law or a state of emergency.

As can be seen from the list, overtime is assigned only in emergency cases. This is not a normal action. It must be remembered that this is a necessity, not an everyday rule.

When is employee consent required?

Overtime is allowed in exceptional cases and may even be rejected by the employee. In what case can you safely refuse the offered overtime work? If, among other things, all conditions for the appointment of processing are met, the employee provides written consent in the following cases:

• it is necessary to finish the started work, which for technical reasons was not completed (carried out), provided that its failure to complete will lead to losses of the enterprise;
• absence of a replacement worker;
• repair and restoration of equipment and other property that affects the work of other employees.

An employee who has not given his consent cannot be involved in such work. If approval is received, the employee has the full right to compensation for the time spent. How is processing paid according to the Labor Code in this case? It is recognized as overtime hours, and the calculation is made in accordance with the rules for their payment.

Who is not allowed to work overtime?

Overtime pay attracts many topics that allows you to earn extra money. There are quite a few professionals who like to work overtime, if it's legal. However, a list has been established, according to which, in principle, it is impossible to leave certain social groups of the population after work. It:

• pregnant women;
• minors.

Disabled people, women with children under three years of age also have “immunity”. They require written consent, regardless of the reason for the need for processing. It is worth noting that processing by the hour may not be applicable in other cases, which are prescribed in the Federal Law or the Labor Code of the Russian Federation.

Payment order

Payment for processing, as well as its purpose, is regulated by the Labor Code of the Russian Federation. To calculate the amount for the additional time worked by the employee, you should know the hourly rate. It can be known initially (when wages are calculated based on actual hours worked) or calculated based on the size of the official salary. In the second case, you should divide the fixed salary by the number of working days of the period. The agreement may also establish an average hourly wage for processing.

Overtime is paid with a multiplier of 1.5 for the first 2 hours of work and 2 for subsequent hours. These are the minimum figures. The employer has the right to increase them, but not to reduce them. How is processing paid according to the Labor Code? By calculating the total number of hours worked and multiplying it by the increased hourly rate (THW). If an employee worked an additional 8 hours during the accounting period, then, regardless of their distribution by day, payment will be made according to the scheme: 2 × 1.5 × Thu + 6 × 2 × Thu. The employee also has the right to receive, instead of calculating, the provision of additional rest, but not less than the time that was worked out. Payment is made at the end of the accounting period.

“How is overtime paid according to the Labor Code?” - a question that every employee should know the answer to. Often the employer violates the law. Knowing about labor rights will help protect your interests and get overtime pay.

When hiring for a new workplace, each employee faces an important issue about registration.

Mainly, the staff is interested in exactly which additional labor time for employees is compensated by the labor legislation of the Russian Federation.

One possible compensation for overtime work is increased pay, which is often a reason for an employee to go out for extra time.

Most often, such a need arises during night shifts or non-working holidays officially adopted by the state.

Modern labor legislation in Russia has a clear definition of overtime- it is understood as the work that the employee performs, going beyond the established for him the length of the working day at the initiative of his employer.

Labor law also regulates possible cases when the employer has the right to involve his employee to overtime work with or without it.

In addition, the document addresses the circumstances in which the employer does not have this right.

With a five day work week

The usual working time of the average worker in Russia is eight hours a day, i.e. 40 hours in five working days.

The legislation also considers certain categories of citizens who have the right to draw up an employment contract only for a shortened working day, which should not exceed 36 hours for the entire working week.

The production calendar determines the norms of working hours for citizens who are employed with a regular or shortened work week - this will help to find out how much the total employment is per month or year.

If the accounting of the employee's working time is carried out by day, then shortcomings or overtime will be recorded in the documents within one day.

For each day of processing is made, but surcharge for additional hours occurs at the end of the working month.

With shift work

The shift work schedule assumes that the employee will work for two or three working days, and then rest for several days. With such a schedule, payment for additional hours worked is not regulated according to general rules and must occur according to the type accounting of labor activity, which is accepted in the company-employer.

It is worth remembering that the work of an employee on public holidays must be paid at double the rate- this is stipulated in the labor legislation of the Russian Federation. It will not be paid as overtime.

More about payment overtime with shift schedule.

With a rolling chart

A staggered schedule means that the employee is working outside of normal working hours. For such personnel, there should be obligatory summarized accounting of working hours- this is especially true for organizations that do not have the ability to determine a clear working time for each employee.

Rolling schedule allowed for companies who are engaged in a specific job or belong to a specific type of activity.

In any case, normal time tracking may not be possible.

There are two ways compensate for overtime processing in this case:

• providing the employee with additional rest time;
• increased overtime pay;

In this case, the first two hours of the employee's additional working time should pay half as much than he usually gets. The following hours are paid at least double.

During irregular working hours

In cases where an employee has an irregular working day, there is no concept of overtime work.

This labor regime initially involves the involvement of an employee to work by order of the head, and at any time.

Under abnormal working conditions, overtime can only be compensated by additional rest time.

Overtime and overtime

If you compare the two concepts, you can find important differences. Yes, overtime must be issued by the head. If this does not happen, then processing will be carried out at the request of the work.

In this case, if there is an order and a statement from the employee, more time will be drawn up in his schedule than usual, which means overtime must be paid.

Some companies choose to go the other way. They pay their employees monthly bonuses for good work and do not issue overtime.

How much are overtime hours paid under the Labor Code?

How overtime work should be compensated is determined by the labor legislation of Russia, which regulates the payment procedure.

Time processing is paid according to the following rules:

• the first two hours of additional work of the employee must be paid at least one and a half times the regular wage;
• the following hours of work are paid at least double the regular pay.

In this case, the minimum wage is indicated, which is guaranteed by Russian law.

In different cases, certain amounts of payment for overtime working hours can be set in a larger amount, however, this nuance should be entered into a collective agreement or an agreement with a specific employee.

Since the employer is obliged to keep detailed records of the duration of overtime work of employees, there should be no problems with calculating the payment. Hours are calculated for a specific day even when it comes to shift work.

An exception may be only the summarized accounting of working hours, for which additional hours are calculated at the end of the accounting period.

How is salary compensation done?

Most often, with the established salary and bonus part, the question arises as to whether the bonus is accrued to the salary when paying overtime.

According to the norms of the labor legislation of the Russian Federation, for extracurricular work there must be a certain surcharge, however, the corresponding article does not say what amount should be taken into account (salary or average earnings with bonuses).

Experts believe that it is better take into account one and a half tariff without premiums and compensations. If the employer establishes its own procedure, then it may include incentive payments.

The procedure for additional payment for piecework payment

When it comes to the piecework wage system, for all extra hours worked, an employee pay 100% surcharge according to his qualifications.

Useful video

When an employee may be required to work overtime, what limits are set and what compensation is due, is described in detail in this video:

conclusions

• Overtime hours are paid at double the rate for hourly wages, one hundred percent for piecework wages and are regulated by certain hours.
• Working hours of an employee on his day off must be compensated by mutual agreement of the parties.
• If an employee goes to work on an official holiday, the employer is obliged to pay for his working hours at an increased rate, which depends on the employee's basic rate.
• Work at night should be paid at an increased rate, which is established by the collective agreement and is calculated based on the payment for each hour.