Salaries (official salaries), wage rates. How to set your salary

The state is in dire need of a strong army. For this reason, today we are actively recruiting contract soldiers. They are capable of successfully replacing conscripts. In order to attract as many new contract employees as possible, this is next year it is planned to increase the salaries of military personnel.

Russia has a huge amount of weapons of mass and local destruction. Against this background, there is a need for specialists capable of providing proper maintenance.

Approximately 1/3 of the state budget is spent on servicing the military forces. Part is spent on development the latest weapons. The second part goes to payments to the military.

The total salary of military personnel consists of:

1. Salary.
2. Additional payments.
3. Premium.

What influences

The salaries of Russian military personnel are affected by the following:

• length of service;
• personal merits;
• time of service;
• rank.

A military man receives a salary depending on his length of service. Persons serving for polar pole, receive bonuses.

12 months of service count as 24 months.

Personal merit means accomplished feats. It also matters where the soldier served. Persons serving in hot spots are paid more.

Pros and cons of contract service. Watch the video.

Other allowances

There are also other allowances. They contact:

• speaking several languages;
• presence of VO;
• excellent physical preparation.

The extent to which a person is able to make a decision in a critical situation is also taken into account.

Percentage

The amount of monthly salary allowances in the Russian Federation looks like this:

• length of service - 11-39%;
• high qualifications - 6-29%;
• secrecy - 66%;
• specific conditions - 100%;
• performance special tasks — 100%;
• special achievements - 100%.

Gunner's salary

A rifleman means a private with two years of service. You can find out how much he earns from the sign.

Squad commander salary

The squad leader means Lance Sergeant 3 classes, the length of service varies from 2 to 5 years.

The salary of a squad commander, who is a 2nd class sergeant and has 5 to 10 years of service, looks like this:

Deputy platoon commander salary

A deputy platoon commander is a senior sergeant 1st class with 10 to 15 years of service. The sign shows how much he receives:

Platoon commander salary

A platoon commander is understood to be a foreman, a foreman, whose length of service is 15-20 years. The sign shows how much he earns.

How much a sergeant major, a master with 20-25 years of service, earns is shown in the table:

Officers' salaries

This position requires having higher education. With bonuses, the salaries of officers look quite impressive. Without them, the salary of military personnel with an officer rank looks like this:

1. Platoon commander - 20.0 thousand rubles.
2. Deputy company commander - 21.0 thousand rubles.
3. Company commander - 22.0 thousand rubles.
4. Deputy battalion commander - 23.0 thousand rubles.
5. Battalion commander - 24.0 thousand rubles.
6. Deputy com. shelf - 25.0 thousand rubles.
7. Command regiment - 26.5 thousand rubles.
8. Deputy com. brigades - 27.5 thousand rubles.
9. Brigade commander - 29.0 thousand rubles.
10. Deputy com. divisions - 29.5 thousand rubles.
11. Command division - 30.5 thousand rubles.
12. Deputy com. housing - 31.0 thousand rubles.

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 wages below the established federal wage, 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 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 (

Can the salary be less than the minimum wage in 2018 - 2019?

Can the salary be less than the minimum wage for 2018 - 2019? This question is often asked by enterprise management, which is quite reasonable. For paying too little wages, the employer faces criminal and administrative liability. However, the question posed in the title of our article is not always given a clearly negative answer. More about this below.

What threatens the employer if the salary is less than the minimum wage?

The minimum wage (SMW) is a constantly changing value, so it needs to be monitored. Its size is established by amending the Law “On Minimum Wages” dated June 19, 2000 No. 82-FZ. As of May 1, 2018, it was RUB 11,163. (see more about this in our article “The size of the minimum wage from January 1, 2019 in Russia”). The minimum wage has reached the subsistence level, which also corresponds to the obligations of the Russian Federation to the Council of Europe.

From 01/01/2019, the minimum wage is 11,280 rubles, which corresponds to the level of the subsistence minimum established for the 2nd quarter of 2018.

The obligation to adhere to the minimum wage is laid down in the Constitution of the Russian Federation (Articles 7, 27), the Labor Code of the Russian Federation (Articles 133, 133.1) and Law No. 82-FZ (Articles 2, 3). Failure to comply will result in administrative liability under Part 6 of Art. 5.27 of the Code of Administrative Offenses of the Russian Federation, which determines the elements of the offense: setting a salary in an amount less than that provided for by labor legislation.

Punishment for legal entities— fine from 30,000 rubles. In addition, according to the same norm, the manager can be held accountable at the same time (part 3 of article 2.1 of the Code of Administrative Offenses of the Russian Federation, paragraph 1 of paragraph 15 of the resolution of the plenum of the Armed Forces of the Russian Federation dated March 24, 2005 No. 5). In case of repeated commission of the same violation, Part 7 of Art. 5.27 of the Code of Administrative Offenses of the Russian Federation, in which the fines are higher.

For entrepreneurs and managers there is also criminal liability in case (part 2 of article 145.1 of the Criminal Code of the Russian Federation):

• wages below the minimum wage were paid for more than 2 months;
• this was done out of selfish or other personal interest.

Sanctions under Part 2 are a fine, forced labor, and imprisonment. According to Part 3, the same act that entails grave consequences is punishable.

The competent authority will check whether it was possible to pay wages less than the minimum wage

Prosecution is preceded by an inspection, which can be carried out following a complaint from an employee or a report in the media, or on a scheduled basis (Article 360 ​​of the Labor Code of the Russian Federation). Inspections are usually carried out by a special supervisory body - a territorial body Federal service for Labor and Employment (Rostrudinspektsiya) or the prosecutor's office, where workers often turn. However, if a violation is detected by the tax authority, it will be reported to the labor inspectorate under jurisdiction. So there are many options for detecting this fact.

When conducting an inspection:

• There is no need to shy away from giving explanations. An employee who does not have sufficient knowledge of the information may refer to this when giving explanations, since the organization will have the opportunity to provide Required documents and explanations (objections) before the consideration of the case.
• It happens that not all documents are available at the time of the audit (for example, they were transferred to the auditor). This also needs to be indicated in the explanations.

And yet, can a salary or salary be less than the minimum wage?

Let's consider options when an employee can receive less than the minimum wage or his salary is less (which is not the same thing):

1. The salary may be less than the regional figure if the organization has not joined the regional agreement in accordance with Art. 133.1 of the Labor Code of the Russian Federation (i.e., within 30 days after publication of the proposal, it sent objections).
2. An employee’s salary (fixed payment per month) can be less than the minimum wage only in 1 case: if the employee receives incentive payments, compensation and allowances in addition to it (confirmed by the decision of the RF Armed Forces dated August 30, 2013 No. 93-KGPR13-2). However, regional coefficients should not be included in these categories. They apply to wages, which must no longer be less than the minimum wage.
3. The employee did not comply with working time standards or labor standards (the condition for compliance is stipulated in Article 133 of the Labor Code of the Russian Federation). This case should not be confused with situations where reduced working hours are established by law (for example, for people with disabilities - Article 92 of the Labor Code of the Russian Federation).
4. An employee can receive a salary that is less than the minimum for the reason that 13% personal income tax is withheld from it. The eligibility requirement applies to the original earnings.

Among some employers, the practice of illegally changing the salary is common - simply by order of the director to make changes to the staffing table.

Typical situations:

management came to the conclusion that “bare” salaries were ineffective and decided to divide the outdated salaries into two parts: constant (about 50 percent of the former salary) and an earned bonus; the employee was hired on a probationary period, while during the probationary period he was given a small salary, and for the “post-trial” period - high, management increases the salaries of the best employees, etc.

The law requires...

In all cases, before changing the salary, you must carefully read Art. Art. 57, 72, 22, 132 Labor Code RF:

« Article 57. Contents of the employment contract

Mandatory for inclusion in the employment contract are following conditions:

terms of remuneration (including the amount tariff rate or salary (official salary) of the employee, additional payments, allowances and incentive payments);

« Article 72. Changes in the terms of the employment contract determined by the parties

Changing the terms of the employment contract determined by the parties... is permitted only by agreement of the parties to the employment contract, except for the cases provided for by this Code. An agreement to change the terms of an employment contract determined by the parties is concluded in writing».

« Article 22. Basic rights and obligations of the employer

The employer is obliged:

provide workers with equal pay for work of equal value..."

« Article 132. Remuneration for work

Wage each worker depends on his qualifications, the complexity of the work performed, the quantity and quality of labor expended and maximum size not limited.

Any kind of discrimination in establishing or changing wage conditions is prohibited.”

Only by the will of both parties

Thus, “the conditions of remuneration (including the size of the tariff rate or salary (official salary) of the employee, additional payments, allowances and incentive payments)" are mandatory conditions employment contract. The employer does not have the right to change them unilaterally (Article 72 of the Labor Code of the Russian Federation), and it is also unacceptable for management to arbitrarily divide a large salary into a small one and a bonus. The employer does not have the right to unilaterally increase the salary. If the employer wants to change the terms of payment for the employee, then he must invite the employee to sign an agreement to change the terms of the employment contract determined by the parties.

The value of labor

However, it should be borne in mind that if you write in such an agreement that the salary has simply decreased or simply increased to such and such an amount, it is not a fact that such an agreement will be legal.

When changing the salary amount, you must take into account the provisions of Art. 22 and Art. 132 Labor Code of the Russian Federation.

That is, for example, the cashier performed 10 job responsibilities specified in his employment contract and job description. For this he received a salary of 10 thousand rubles.

If you conclude an agreement with him that his salary will decrease and become 8 thousand rubles, then such an agreement cannot be considered legal. After all, it will violate Art. 22 of the Labor Code of the Russian Federation on equal pay for work of equal value. Look, the number of responsibilities has not changed, the same 10 responsibilities as before. This means that the labor remains the same “value”, the worker’s qualifications have not changed (Article 132 of the Labor Code of the Russian Federation). Only previously the employee received 10 thousand for this work. rubles, and now it’s 8 thousand rubles for it. Those. Art. 22 is broken.

What should have been done to make it legal? It was necessary to write in the agreement to the contract that the number of the employee’s duties has decreased (the value, quantity and quality of work then decreases), therefore the salary is reduced. Or the scope of responsibilities has decreased and work time installed incomplete.

If you increase the salary at the behest of good management (not because of inflation or improving the employee’s qualifications), then you should do the same. Write in the agreement to the contract that the employee has more responsibilities (the value, quantity and quality of work then increases), and the salary increases. If you simply increase the salary without increasing the scope of the employee’s duties, then the question will arise: were they not paid extra before, since they paid less for the same work? What if an employee goes to court or the State Labor Inspectorate with such a question? Employers don't need this, so you should show a little diligence in the little things.

Salary increase after testing

As for the employees who successfully passed the test, due to their success, they also cannot be given a salary increase just like that. After all, according to the employment contract and job description, the employee probably continues to perform the same amount of work of the same quality. If the parties wish, the experienced employee and the employer can sign an agreement to the employment contract stating that the employee is assigned several new responsibilities and his salary is increased. Some employers also use an option: for the duration of the test, the employee is hired part-time, and after successfully passing the test, by agreement of the parties, the employee begins to work full-time. Accordingly, the salary increases proportionally. IN in this case the volume of labor increases.

Salary increase for selected

In some companies, salaries are increased for selected people because they are relatives of the director or employees of the workforce. At the same time, the following mistakes are often made. Two cashiers work in two cash registers of the company. They have the same responsibilities according to the employment contract and job description, the same working hours, the same job title according to staffing table. That is, according to the documentation, they perform the same work. Therefore, it would be illegal to increase the salary of only one of them. Both need to be promoted at once. If there is a need to single out one of them, then it is worth adding or changing the list of his responsibilities in comparison with another employee and renaming the position (it is unacceptable for the same position to have different sets of responsibilities).

Do not forget to familiarize the employee with his/her signature about the changes made to the job description, and reflect reforms in staffing.

The salary amount must be indicated in the staffing table. When changing salaries, it is necessary to issue an order to amend the staffing table.

Part-time work is understood as the performance by an employee of another regular paid job under the terms of an employment contract in his free time from his main job (Part 1 of Article 282 of the Labor Code of the Russian Federation). When working part-time, the duration of working hours is legally limited. As a general rule, it should not exceed half monthly norm working time (standard working time for another accounting period) established for the corresponding category of workers (Part 1 of Article 284 of the Labor Code of the Russian Federation).

According to Part 2 of Art. 57 of the Labor Code of the Russian Federation, the condition on remuneration, including the size of the tariff rate or salary (official salary) of the employee, additional payments, allowances, incentive payments and the condition on working hours, if for of this employee it is different from general rules applicable to the employer must be included in the employment contract.

Remuneration for persons working part-time can be made (Part 1 of Article 285 of the Labor Code of the Russian Federation):

• in proportion to the time worked;
• depending on output;
• on other conditions specified in the employment contract.

In the situation under consideration, the parties chose the first option for remunerating the part-time worker.

Please note that when filling out the staffing table, the number of staff units for the relevant positions (professions), which provide for the maintenance of an incomplete staff unit, taking into account the characteristics of part-time work, is indicated in the appropriate shares, for example 0.25; 0.5; 0.75 and so on. However, the salary amount is indicated for a full staff unit, because the staffing table determines only the salary for the corresponding position, and not the salary of a specific employee.

Salary is a fixed amount of remuneration for performance labor responsibilities certain complexity for calendar month excluding compensation, incentives and social payments (Part 4 of Article 129 of the Labor Code of the Russian Federation). In other words, the salary is paid to the employee for fulfilling the monthly working hours.

Therefore, if the position provides a salary of 10,000 rubles, and the employee is hired at “0.5 rate”, i.e. his working hours are half the norm, which means the part-time worker’s salary is 5,000 rubles. (RUB 10,000 / 2). It is this value that is fixed in the employment contract, which fully complies with the requirement of Part 1 of Art. 132 Labor Code of the Russian Federation. If, in the employment contract of a part-time worker, which is accepted at 0.5 rates, the salary value is determined to be 10,000 rubles, then it turns out that the parties agreed on exactly this amount of remuneration for the calendar month worked.

Please note that the employment contract must contain other conditions listed in Art. 57 of the Labor Code of the Russian Federation and subject to mandatory inclusion in the employment contract. However, the condition of the employment contract that the amount of the official salary is a certain amount before payment of income tax individuals(NDFL), is not one of them. At the same time, the specified additional terms of the employment contract themselves do not contradict the current legislation (see, for example, the appeal ruling of the Investigative Committee for civil cases of the Moscow City Court dated May 16, 2012 No. 11-5036/2012, the ruling of the Investigative Committee for civil cases of the Moscow City Court dated January 18, 2012 in case No. 33-1205, cassation ruling of the St. Petersburg City Court dated October 20, 2011 No. 33-15808/2011, appeal ruling of the Investigative Committee in civil cases Supreme Court Republic of Karelia dated November 5, 2013 in case No. 33-3581/2013).

Thus, when in the organization’s staffing table the number of staff units for a certain position is 0.5, and the salary according to the staffing table is 10,000 rubles, then, in our opinion, when hiring an employee on a part-time basis in the situation under consideration, the payment conditions labor in an employment contract may be as follows: “The employee’s remuneration consists of an official salary in the amount of 5,000 rubles. per month before withholding personal income tax in the amount and manner established by current legislation.”

In the employment contract of a part-time employee, the parties have the right to indicate the amount of salary for a full-time salary - 10,000 rubles. before withholding personal income tax, but with the proviso that the employee is paid in proportion to the time he works.