It is also a violation of the rights of the employee if more than 15 calendar days pass between the advance payment and the final payment.

• Incorrect form of payment. A mistake will be considered a situation when the employer pays part of the salary with the product, and this is either not fixed in the contract, or the maximum share of the total payment is not limited. In the Labor Code of the Russian Federation, this figure is 20% of the monthly salary. Moreover, the written consent of the employee is required. If wages are indicated in a foreign currency, then such a document will not be valid on the territory of our state. Regardless of which currencies the organization works with, the amount of payment in employment contract is registered only in rubles.
• Unlawful penalties are prescribed. In order to further stimulate employees and save their own funds, employers indicate various penalties in the contract.

Salary supplement in the employment contract

Labor legislation does not require specifying in the employment contract a specific amount of additional payments, allowances and incentive payments. However, it must (if any) indicate at least general information on all additional payments and allowances of a compensatory nature and on incentive payments in accordance with the wage systems in force at this employer (para.
5 hours 2 tbsp. 57 TC RF). Thus, additional payments, allowances and incentive payments can be directly indicated in the employment contract or it can refer to the relevant local regulatory act, collective agreement, agreement providing for the grounds and conditions for their payment. In the latter case, the employee must be familiarized with their content against signature (p.
3 art. 68 of the Labor Code of the Russian Federation, Letters of Rostrud N N 395-6-1, 428-6-1).

How to write a bonus in an employment contract - an example

The terms of remuneration stipulate the size of the salary or tariff rate established for this position, as well as various kinds of additional payments, incentive payments and allowances. They are an integral part of the wage system and belong to the category mandatory conditions to be included in the employment contract, in accordance with the provisions of Art.
57 and part 1 of Art. 135

Labor Code of the Russian Federation. Allowances and surcharges are reflected in the section of the employment contract "remuneration and social guarantees”, you can download the contract template here. The size of the established bonuses to the official salary in the employment contract may be indicated in a specific monetary expression or as a percentage of the fixed salary.

Personal salary supplement

Attention

The procedure for paying bonuses can be fixed:

• in local acts;
• collective agreements;
• agreements;
• employment contracts.

If there is no bonus system in the organization, the head of the organization has the right to pay bonuses arbitrarily, at his own will. However, he is not responsible for making payments.

Types of bonuses are not provided by law for ordinary categories of workers. In practice, bonuses are paid:

1. For performance indicators.
2. For the absence of penalties from employees.
3. For holidays, anniversaries, vacations.
4. After certain time intervals: month, quarter, year.

Monthly bonus to salary in the employment contract An employment contract may stipulate the procedure for bonuses for a particular employee.
It must be strictly observed.

Conditions of remuneration in the employment contract

Important

The wording of the employment contract in this part may be as follows: “An employee may be paid a bonus in the amount of up to 100% of the salary, subject to the conditions and procedure established by the provision on bonuses (reference to the provision)” or “The employer establishes additional payments, allowances and incentive payments. The amounts and conditions of such additional payments, allowances and incentive payments are defined in the provision on bonuses to the employee (reference to the provision, with which the employee is familiarized with signature when signing the employment contract "or" The employee may be paid additional payments, allowances, bonuses for high qualifications and personal contribution to results of the employer's activities, length of service, additional payments for an increased amount of work, high quality in accordance with the regulation on remuneration (reference to the regulation), with which the employee must be familiarized against signature.

How is the monthly bonus fixed in the employment contract?

What is the salary for part-time workers? If a salary is indicated for the position of a part-time job, for example, 6,000 rubles, then in this case, the employment contract states that “this contract establishes for the Employee wage in the amount of 3,000 (Three thousand) rubles”, since the number of hours per day for the work of a part-time worker should not exceed 4. If a five-day work week is established, then we will get 20 workers, which is 0.5 of the rate.

Therefore, the salary is full size, and wages - depending on the rate of the employee. Thus, when drawing up an employment contract, the employer must be careful, read the laws, use the above information so that in the future there will be no misunderstandings and problems with various authorities.

Do I need to include bonuses in my employment contract?

If the procedure for remuneration in kind is not prescribed in the collective or labor agreement, then appropriate changes can be made to the labor or collective agreement. It is possible to change the terms of an employment contract only by agreement of the parties by signing an additional agreement (Article 72

TC RF). It is possible to change the terms of the collective agreement in the manner established by the Labor Code of the Russian Federation for its conclusion, or in the manner provided for by the collective agreement (Article 44 of the Labor Code of the Russian Federation). If the form, procedure and place of payment of wages are determined by the collective agreement, then in the employment contract with the employee it is enough to make a reference to it.

Menu

By general rule wages are paid in monetary form in currency Russian Federation(in rubles). However, in an employment or collective agreement it may be established that, at the written request of the employee, partial payment (no more than 20% of the accrued monthly salary) is made in non-monetary form (Article 131

Labor Code of the Russian Federation, paragraph 54 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of March 17, 2004 N 2 “On the application by the courts of the Russian Federation of the Labor Code of the Russian Federation”). In the labor or collective agreement, it is necessary to determine how wages are paid: - in cash at the place of work; - by bank transfer Money V credit organization specified in the employee's application; - in non-monetary (in particular, in-kind) form at the place of performance of work or another place (art.

Art. 131, 136 of the Labor Code of the Russian Federation).
Question: How to correctly specify the condition of remuneration in an employment contract? Answer: In the employment contract with the employee, it is necessary to indicate the specific amount of the tariff rate or official salary. Additional payments, allowances and incentive payments may be directly indicated in the employment contract or it may refer to the relevant local regulatory act or collective agreement, agreement providing for the grounds and conditions for their payment. In the employment contract, it is not necessary to indicate a specific date for the payment of wages, it is enough to make a reference to the rules of the internal work schedule or collective agreement. Rationale: Salary (remuneration) - remuneration for work depending on the qualifications of the employee, the complexity, quantity, quality and conditions of the work performed, as well as compensation payments and incentive payments (art.

Salary allowances for employees how to register in an employment contract

For fulfillment official duties provided for by the terms of this employment contract, the employee is set a tariff rate (salary) of 57,000 (fifty-seven thousand) rubles per month. Information on the amount of personal income tax withheld from the employee's salary is not required to be indicated in the employment contract.

Additional payments, allowances and incentive payments in the employment contract Additional payments and allowances of a compensatory nature (for performing work with harmful and (or) dangerous working conditions, for working in areas with special climatic conditions, for working at night, for overtime work, other payments) refer to compensation payments, and additional payments and bonuses of an incentive nature, bonuses and other incentive payments (remuneration based on the results of work for the year, for length of service, other payments) are referred to as incentive payments.
Remuneration systems, including the size of tariff rates, salaries (official salaries), additional payments and allowances of a compensatory nature, systems of additional payments and bonuses of an incentive nature and bonus systems, are established by collective agreements, agreements, local regulations. The salary of an employee is established by an employment contract in accordance with the remuneration systems in force for this employer (Article 135

TC RF). Therefore, the terms of remuneration are necessarily included in the employment contract. In this case, it is necessary to indicate the size of the tariff rate or salary (official salary) of the employee, additional payments, allowances and incentive payments (para.

5 hours 2 tbsp. 57 of the Labor Code of the Russian Federation). However, the legislation of the Russian Federation does not contain clearer requirements on how to indicate the terms of remuneration in an employment contract.
The essence of the personal allowance An employee can receive not only a “bare” salary, but also additional payments, including those assigned in addition to wages. IN Labor Code there is no exact definition of the allowance. The allowance included in the salary, reflected in the employment contract or an additional agreement to it, is common for all personnel upon the occurrence of certain conditions, for example, for work in certain climatic zones, for rotational work, etc. Such allowances are not considered personal. If the employer is not obliged to assign a bonus, but he does this for individual employees in individually, reflecting the conditions of appointment in a special Regulation, collective agreement or other local act, such a payment will be a personal allowance. The right to appoint such payments by the employer is provided by Art. 135 of the Labor Code of the Russian Federation.

The Regulation on the remuneration of the organization provides for the possibility of establishing personal allowances for individual employees by decision of the management, drawn up in the local normative act. When establishing a personal allowance, an additional agreement is concluded to the employment contract, where its size and reason are indicated (mainly "for high performance in labor"). Next, an order is issued, which is transferred to the accounting department. IN Lately there was a tendency to add the phrase that the allowance is paid taking into account the financial situation at the enterprise. Is it possible to cancel these allowances unilaterally if the management makes a reasonable decision that there is no financial opportunity?

By this issue, we adhere to the following position:
If the employer decides to cancel personal allowances for high performance in labor unilaterally, while the reason for changing the conditions of remuneration is the lack of financial ability to pay the specified allowance, then there are risks that the court or regulatory authorities will recognize such actions of the employer as unlawful.

Position justification:
Personal allowances for high performance in labor (hereinafter - allowances) are incentive payments, which, along with other payments, are an integral part of wages (part one of the Labor Code of the Russian Federation). The salary of an employee is established by an employment contract in accordance with the remuneration systems in force for a given employer (Labor Code of the Russian Federation). In accordance with the Labor Code of the Russian Federation, the remuneration system, including the incentive bonus system, is established by a collective agreement, agreements, local regulations in accordance with labor legislation and other regulatory legal acts containing labor law norms.
It follows from the question that for one part of the employees, in additional agreements to the employment contract, it is indicated that the personal allowance is set for high performance in labor, and for the other, that personal allowances for high performance in labor are paid taking into account the financial situation at the enterprise. This fact does not affect the procedure for canceling the personal allowance, since in any case a change in the conditions of remuneration can be made by the employer in the manner prescribed by the Labor Code of the Russian Federation. The Russian Federation provides for two ways to change the terms of an employment contract: by agreement of the parties (Labor Code of the Russian Federation) or at the initiative of the employer (Labor Code of the Russian Federation).
Unilaterally, the employer has the right to change the terms of the employment contract is not always. By virtue of part one of the Labor Code of the Russian Federation, in the case when, for reasons related to changes in organizational or technological working conditions (changes in equipment and production technology, structural reorganization of production, other reasons), the terms of the employment contract determined by the parties cannot be saved, they can be changed at the initiative of the employer, with the exception of changing the labor function of the employee. It follows from the norm that the employer has the right to change the employment contract concluded with the employee only if two conditions are met simultaneously: firstly, organizational or technological working conditions must actually change in the organization; secondly, a change in these conditions should entail the objective impossibility of maintaining the previous terms of the employment contract. At the same time, the burden of proving the existence of circumstances that caused the change in the mandatory terms of the employment contract lies with the employer (Resolution of the Plenum of the Supreme Court of the Russian Federation of March 17, 2004 N 2 "On the application by the courts of the Russian Federation of the Russian Federation" (hereinafter referred to as the Resolution of the Plenum of the Supreme Court)).
Please note that the legislation does not establish a closed list of circumstances recognized as changes in organizational or technological working conditions. In part one of the Labor Code of the Russian Federation, changes in the technique and technology of production, structural reorganization of production are called as such. Paragraph 21 of the Decree of the Plenum of the Supreme Court supplements this list with an indication of the improvement of jobs based on their certification.
From the analysis of judicial practice, we can conclude that the courts do not in itself attribute the deterioration of the financial and economic situation of the employer to changes in organizational or technological working conditions, see, for example, the appeal ruling of the IC in civil cases of the Moscow Regional Court dated December 06, 2017 in case N 33 -36933/2017, appeal ruling of the IC in civil cases of the Chelyabinsk Regional Court of March 16, 2017 in case N 11-3633/2017, appeal ruling of the IC in civil cases of the Stavropol Regional Court of 04/11/2017 in case N 33-1794/2017, appeal ruling of the IC in civil cases of the Supreme Court of the Republic of Karelia dated January 20, 2017 in case N 33-229/2017, appeal ruling of the IC in civil cases of the Chelyabinsk Regional Court of 11/17/2016 in case N 11-16353/2016, appeal ruling of the IC in civil cases Moscow City Court dated September 14, 2012 in case N 11-20889, cassation ruling of the Moscow City Court dated July 20, 2011 N 33-20154/11.
Thus, we believe that if the employer decides to cancel personal allowances for high performance in labor unilaterally, while the reason for changing the conditions of remuneration will be the lack of financial ability to pay the specified allowance, then there are risks of recognition by the court or regulatory authorities of such actions of the employer illegal. In the event of a dispute, the final legal assessment of the situation under consideration, including the establishment of the fact of the presence (absence) of organizational or technological changes that led to a change in the amount of wages, can only be given by the court based on the actual circumstances of the case.

We also recommend that you read the following material:
- : In the organization, in accordance with the Regulations on the procedure for remuneration and material incentives, employees may be paid bonuses, allowances, additional payments and other payments to tariff rates (salaries). The employer, on the basis of the Regulations, issued an order to establish allowances for employees for a certain period (for example, a quarter). Employment contracts of employees contain a condition on bonuses in accordance with the local regulatory act of the organization, which does not provide for the size, as well as the procedure and conditions for paying bonuses for personal contribution to the development of production. Is it necessary to conclude additional agreements with employees to establish a temporary allowance? (Response from the Legal Consulting Service GARANT, July 2017).

Prepared answer:
Legal Consulting Service Expert GARANT
Troshina Tatiana

Response quality control:
Reviewer of the Legal Consulting Service GARANT
Komarova Victoria

The material was prepared on the basis of an individual written consultation provided as part of the Legal Consulting service.

Based Art. 135 of the Labor Code of the Russian Federation wages are established for the employee by an employment contract in accordance with the current system of remuneration for this employer. It is calculated on the basis of the size of tariff rates, salaries (official salaries), additional payments and allowances. At the same time, various questions arise, to which it is rather difficult to find unambiguous answers in the regulatory framework. Incorrect calculation of surcharges and allowances leads to disagreements with the inspection bodies. Therefore, we will consider what surcharges and allowances exist and how they are calculated.

In collective agreements, agreements, local regulations, organizations provide for a list of additional payments and allowances, the procedure and conditions for their issuance, as well as their amounts.

Surcharges

According to Art. 149 of the Labor Code of the Russian Federation when performing work in conditions that differ from normal, the employee may be provided with additional compensations of a compensatory nature, provided for by collective, labor contracts:

For heavy, harmful or dangerous work;

For work in areas with special climatic conditions;

For work at night;

For work on weekends and non-working days holidays;

For the performance of works of various qualifications;

For the combination of professions.

In doing so, the following must be taken into account:

The established amounts of surcharges cannot be lower than those provided for by law;

Surcharges cannot be canceled by the decision of the institution;

Surcharges are established for all employees without exception, employed in the relevant jobs.

The procedure for calculating remuneration for works of various qualifications, which is associated with certain difficulties, deserves special attention, since it is confused with remuneration for combining professions (positions). Consider the features of calculating the payment for work of various qualifications, combining professions (positions) and performing the duties of a temporarily absent employee.

Remuneration of labor for the performance of work of various qualifications is regulated Art. 150 Labor Code of the Russian Federation. It should be borne in mind that the performance of such work is carried out within the framework of one profession or position (one labor function) and during normal working hours. In accordance with the Labor Code, the work of an employee performing work of various qualifications must be paid based on the rates for a higher qualification. Accordingly, additional payments, for example, for special working conditions, climatic conditions are calculated based on the percentage of the additional payment to the salary established for a higher qualification.

Example 1

According to staffing driver salary passenger car is 6 000 rub., cargo - 7 000 rub. On the basis of an employment contract, the driver works both in cars and trucks. He was given an additional payment of 20% of the salary for special working conditions.

The driver's salary per month will be 8,400 rubles. (7,000 rubles + (7,000 rubles x 20%)).

The Labor Code does not make the remuneration of time workers in the performance of work of various qualifications dependent on the amount of labor expended by them to perform work of a higher qualification. If the time actually spent on such work can be accounted for, and the employee who was paid by the hour performed most of the working time at work of a lower qualification, regardless of this, payment for his work should be made on the basis of the salary provided for work of a higher qualification. When an employee with piecework wages performs work of various qualifications, his work is paid at the rates of the work performed by him. In cases when, taking into account the nature of production, workers with piecework wages are entrusted with the performance of work charged below the categories assigned to them, the employer is obliged to pay them the difference between the categories.

If an employee performs several tasks during working hours labor functions, this is a combination of professions (positions). Thus, the combination of professions (positions) should be understood as the simultaneous performance by an employee of his main work under an employment contract and additional work in another profession (position). A special case of combining professions (positions) is the performance of the duties of a temporarily absent employee. In this case, the combination of professions (positions) of the norm Art. 150 Labor Code of the Russian Federation cannot be applied. Remuneration of labor 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, is regulated Art. 151 Labor Code of the Russian Federation. According to this article, an employee who performs for the same employer, along with his main job, stipulated by an employment contract, additional work in another profession (position) or acting as a temporarily absent employee without exemption from his main job, is paid an additional payment for combining professions (positions). ) or the performance of the duties of a temporarily absent employee, the amount of which is established by agreement of the parties to the employment contract. Thus, the calculation of additional payments depends on the methodology for calculating them, approved in the local acts of the institution, but taking into account the provisions of the Labor Code of the Russian Federation.

However, this article establishes the main criterion that must be taken into account by the parties when determining the amount of the surcharge. Such a criterion is the content and (or) volume of additional work. In the local acts of the organization, it is possible to provide for an additional payment in a fixed amount of money.

Example 2

The employment contract with the employee provides for the combination of the professions of a driver (main profession) and a freight forwarder (additional profession) with an additional payment of 2 000 rub. to wages in the main profession.

In July, the following amounts of money were accrued to an employee in the main profession:

Tariff rate (for a month) - 7,000 rubles;

July bonus - 800 rubles.

The salary of an employee, taking into account the additional payment for combining positions, will be 9,800 rubles. (7,000 + 800 + 2,000).

In addition, surcharges can be set as a percentage of the tariff rate (salary).

Example 3

For the secretary of the organization with a salary of 10 000 rub. assigned the duties of an inspector of the personnel department temporarily absent due to illness, whose salary -12 000 rub. By order of the head of the organization, an additional payment of 40% was established to the secretary for increasing the volume of work. (According to the terms of the collective agreement, this percentage rate is set to the salary of the employee in the main job.)

In addition to salaries, the secretary is paid an additional payment of 10% of the salary, the inspector of the personnel department - 15%.

The salary of the secretary will be 15,000 rubles. (10,000 rubles + (10,000 rubles x 10%) + (10,000 rubles x 40%)).

note: The HR Inspector's salary bonus is not taken into account when calculating the secretary's salary.

The combination of professions (positions) should be distinguished from part-time work. If, when working part-time, payment is made in full in accordance with the concluded employment contract, then additional payments are made to the employee for combining professions, the amount of which is established by agreement between the employee and the employer. To date, there are no legal minimum dimensions additional payments for combining professions or positions, therefore, in the local acts of the organization, an additional payment as a percentage of the employee's salary may also be provided.

Example 4

Let's change the conditions of example 3. During the month, the secretary was paid a monthly bonus in the amount of 800rub. and material assistance - 1 000 rub. For an increase in the volume of work, by order of the head, she was given an additional payment of 40% of her salary.

For an increase in the volume of work, the secretary will be charged 4,720 rubles. ((10,000 rubles + (10,000 rubles x 10%) + 800 rubles) x 40%).

The salary of the secretary, taking into account the additional payment for combining positions, will be 17,520 rubles. (10,000 rubles + (10,000 rubles x 10%) + 800 rubles + 4,720 rubles + 1,000 rubles).

However, the action Art. 151 Labor Code of the Russian Federation does not apply to cases where the combined work is provided for in labor costs, is conditioned by an employment contract (is part of the employee's duties) or is entrusted to the employee in the manner prescribed by law due to insufficient workload based on the current labor costs for the main job.

Above, we considered the calculation of additional payments for work of various qualifications, the combination of professions performed during the working day. Sometimes it is necessary to replace an employee who is absent due to illness or other reasons, not only on his own work time. Payment for hours worked during the absence of a sick employee for the specified reasons is hourly. IN this case the additional payment is calculated on the basis of the amount of payment for one hour of the specified work per month, determined by dividing the monthly wage rate of the employee in accordance with the ETS category by the established norm of hours in the current period, multiplied by the number of replacement hours.

If the working hours for certain categories of employees differs from that established by the Labor Code of the Russian Federation, then the procedure for determining the amount of payment for one hour differs from that discussed above. IN ch. 5 joint Letters from the Ministry of Education and Science and the Trade Union of Public Education and Science No.AF-947/96(Further - Letter No.AF-947/96) for teaching staff of educational institutions hourly payment labor applies:

For hours worked in the order of replacement of teachers, professors and other pedagogical workers absent due to illness or other reasons, which lasted no more than two months;

For the hours of pedagogical work worked out by teachers when working with correspondence students and children who are on long-term treatment in the hospital, in excess of the amount established by them during billing;

When paying for the pedagogical work of specialists from enterprises, institutions and organizations (including from among the employees of educational authorities, methodological and educational-methodical rooms), involved in pedagogical work in educational institutions;

When paying for teaching hours in the amount of 300 hours per year in another educational institution(in one or more) in excess of the study load performed part-time on the basis of billing in accordance with clause 4.1 of the Uniform Recommendations;

When paying for teaching work in excess of the reduced annual volume of teaching load for teachers of primary and secondary vocational education institutions.

According to clause 5.1 Letters No.AF-947/96 the amount of payment for one hour of the specified work per month is determined by dividing the monthly rate of the employee in accordance with the ETS category for the established norm of hours of pedagogical work per week by the average monthly number of working hours. The average monthly number of working hours is calculated by multiplying the norm of teaching hours per week by the number of working days in a year by five days. working week and dividing the result by 5 (number of working days per week) and then by 12 (number of months in a year).

Example 5

Teacher working time preschool is 36 hours. in Week. In addition to his working day, he worked for a sick colleague for 10 hours. The teacher's salary is 2 958,48 rubles, additional payments for special working conditions - 15% of the salary, for length of service - 20% of the salary, the governor's surcharge - 10% of the salary. His sick colleague has a salary of 3 200 rubles, seniority bonus - 25% of salary, governor's surcharge - 10% of salary.

Calculate the teacher's salary.

To calculate the wages of an educator when he replaces another educator who is absent for the duration of his illness, you should use the rules for calculating wages for hourly pay.

Determine the average monthly number of working hours for a 5-day week.

In 2007, with a five-day working week with two days off, 249 working days, including 6 pre-holiday days (February 22, March 7, April 22, May 8, June 9, December 29), and 116 days off, taking into account 2 additional days rest on January 8, November 5 due to the coincidence of public holidays on January 7, November 4 with days off.

((36 hours x 249 days / 5 days) - 6 hours) / 12 months \u003d 148.9 hours, where 6 hours. - pre-holiday hours.

Let's calculate the salary based on the hourly rate and the number of working hours:

RUB 2,958.48 / 148.9 hours x 10 hours. = 198.69 rubles.

At the main place of work of the educator, his salary will be 4,393.35 rubles:

Salary - 2958.48 rubles;

Bonus for special working conditions - 443.77 rubles. (2,958.48 rubles x 15%);

Seniority bonus - 591.70 rubles. (2,958.48 rubles x 20%);

Governor's allowance - 399.40 rubles. ((2,958.48 + 443.77 + 591.7) rubles x 10%).

The teacher's salary per month is 4,592.04 rubles. (198.69 + 4393.35).

Types of allowances

The bonuses are stimulating. These include bonuses for excellence, continuous work, length of service, high quality, tension and intensity of work, and various achievements in work. They are established by local acts of the organization in accordance with laws and other legislative acts issued at the appropriate level, and represent an approved percentage of the monthly rate (salary) of the employee in the main position or an absolute value.

Yes, in accordance with clause 6.1 of the Regulations on remuneration senior doctors of ambulance stations medical care, doctors, middle and junior staff of mobile ambulance teams are paid allowances in the amount of 30% base salary for the first three years and 25% for each subsequent two years of continuous operation. At the same time, the total amount of the allowance should not exceed 80% of the salary.

Example 6

P.N.Kruglov works as a senior doctor of an ambulance team and has the first qualification category. He is set 14th tariff category wages with salary 3 434,67 rub. Work experience at the ambulance station - two years. However, P.N.Kruglov got a job, having an experience that gives the right to a 30% bonus.

The employee is entitled to a surcharge of 55% (30 + 25).

Let's calculate the wages of P. N. Kruglov:

a) the allowance for continuous work will be 1,889.07 rubles. (3,434.67 rubles x 55%);

b) total earnings - 5,323.74 rubles. (3434.67 + 1889.07).

If an employee is provided with an increase in rates (salaries) on two or more grounds (in percent or in rubles), the absolute amount of each increase, set in percentage, is calculated from the salary without taking into account the increase on other grounds. At the same time, rates are first increased by the size of increases in percentage terms, and then by the sizes of increases in absolute terms.

There are two important and immutable rules enshrined in the Labor Code of the Russian Federation:

1. With each employee, it is necessary to conclude an employment contract, which will spell out all the conditions of his work and rest in the organization.
2. Each employer has the right (without going beyond the current Labor Code of the Russian Federation) to independently establish such working conditions, including the type of payment.

Based on this, it follows that any employer can assign to its employee one of the types of remuneration permitted by the Labor Code of the Russian Federation, in particular:

• time-based (the employee will receive a salary for a month of work or a fixed rate per unit of time - a day or an hour);
• piecework (the amount of earnings will depend on the prices and the number of products produced per month);
• commission (the employee is set a percentage (commission) for the goods (works, services) sold).

These types of earnings can be used both separately from each other, and be of a mixed nature. All this depends on the specific working conditions in the organization, but must be spelled out in the contract when the employee is employed. The type of remuneration is an essential condition of the TD, therefore, in the event of any changes in this matter, the parties will have to conclude an additional agreement. (Art., Labor Code of the Russian Federation).

How to draw up an employment contract with piecework wages

Each employment contract () requires certain nuances from the employer when drawing up. In particular, it is imperative to provide for how holidays will be paid. non-working days and set rates. Since the norms article 57 of the Labor Code of the Russian Federation The obligation of the employer to indicate in the contract with employees all the conditions of remuneration is expressly provided, namely:

• size (salary) of the employee,
• surcharges,
• allowances and incentive payments,
• prices per unit of manufactured products or work (services) performed.

However, it is acceptable for the document to contain references to internal local acts, which at the enterprise set prices for a manufactured unit of production (another operation or work, service) and production rates. In this case, in the text of the TD, you can write the following phrase:

For the employee, a piecework system of remuneration is established. Wages are calculated on the basis of the piece rates established in the regulation on wages and the amount of work performed by the employee.

In this case, the employee with whom the TD is concluded must be familiarized with the order or other local act against signature at the time of employment. It is important to bear in mind, however, that in accordance with the article 136 of the Labor Code of the Russian Federation wages for piecework workers must be paid at general order, namely at least twice a month, with an interval of no more than 15 days between payments.

Document Form

Any TD must be concluded in writing and certified by the signatures of the head of the employing organization and the employee himself. Oral conclusion of such a contract is not provided for by law. (approved by Decree of the Government of the Russian Federation of August 27, 2016 No. 858), however, if desired, all other employers can use it. This template is convenient in that it already provides for all the current norms of the Labor Code of the Russian Federation and other legislative acts, so this is a good example of an employment contract. Piecework (2017) in his salary section should be written by the organization itself. In a TD that an organization has developed on its own, this section might look something like this:

Features and nuances

holiday salary

In the TD, it is important to provide for the features of payments for holidays in accordance with the norms Article 112 of the Labor Code of the Russian Federation. Usually, for such dates, employees who do not work on a salary are entitled to additional remuneration. The procedure and amount of the surcharge are usually prescribed directly in the employment contract, however, a separate local act can be approved, which can be referred to in the contract. In this case, the employee must be introduced to him under the signature at the time of registration for work. Moreover, such additional remuneration is part of the remuneration.

Shift work

If the organization provides for piece workers, including night shifts, then the employer does not have an obligation to pay additional remuneration for holidays. In this case, it is necessary to take into account the increased rate for work at night and weekends, including holidays. All this must be reflected in the TD.

piece-rate premium payment

Sometimes an organization uses a piece-bonus system, in which case this must also be reflected in the TD. In this case, it is necessary to indicate that the employee will receive a bonus for production results if the bonus conditions are met. Such a bonus can be set both in a fixed amount of money and as a percentage of the cost of the work performed. In this case, you need to make a reference to the organization's local acts containing piece rates and. The employee must be familiarized with them under the signature.

Simple

It is advisable to indicate in the employment contract what guarantees are reserved for the employee in the event. The management of the organization must remember that the monthly salary for an employee who regularly went to work and followed all the instructions of the management cannot be lower, provided that he works full-time. Therefore, a guaranteed minimum in the contract must be provided for.

Our organization uses various systems wages. For example, some workers receive a salary, some are paid by the piece, and some of them work in harmful conditions. How can this be written into the employment contracts of employees? Is it possible to simply refer to local regulations?

SALARY IS A MANDATORY CONDITION OF THE EMPLOYMENT CONTRACT

The terms of remuneration are among the mandatory conditions of the employment contract (paragraph 5, part 2, article 57 of the Labor Code of the Russian Federation). These labor laws include:

Tariff rate or salary (official salary) of the employee;

Surcharges;

allowances;

Incentive payments.

According to Part 1 of Art. 135 of the Labor Code of the Russian Federation, the wages of a particular employee are established by an employment contract in accordance with the wage systems in force for a given employer. That is, it is of great importance what kind of remuneration system is applied to the employee (for example, time or piecework), whether surcharges, allowances, bonuses, etc. are established, as well as working conditions.

At the same time, wage systems are developed on the basis of the requirements of labor legislation. That is, the wages of each employee must take into account the criteria enshrined in legislation, including working conditions.

As a rule, employers include in an employment contract with an employee a special section on the conditions of remuneration for this employee (for example, “Payment”).

TIME PAYMENT SYSTEM

If the employee is set only the tariff rate or the official salary (salary), they are indicated in the employment contract specific size in numerical terms(for example, 100 rubles per hour or 50,000 rubles per month). Such explanations are given by Rostrud.

3.1. For the performance of labor duties stipulated by this employment contract, the Employee is set an official salary in the amount of 50,000 (fifty thousand) rubles per month.

3.1. For the performance of labor duties stipulated by this employment contract, the Employee is set an hourly wage rate in the amount of 100 (one hundred) rubles per hour.

In this case, the employment contract cannot use the wording " Salary according to the staffing table" or " The official salary of the employee is set in accordance with the staffing table". If the employer does not indicate a specific salary, this will violate the requirements of paragraph 5 of part 2 of Art. 57 of the Labor Code of the Russian Federation.

Thus, referring to the staffing table instead of specifying a specific size employee salary is a violation of the requirements of labor legislation, for which the employer may be held administratively liable under Part 1 of Art. 5.27 of the RF Code of Administrative Offenses (CAO RF).

Therefore, with time-based pay, the employment contract must specify the specific amount of the tariff rate or official salary of the employee, as well as additional payments, allowances and incentive payments.

PIECE PAYMENT SYSTEM

If, in accordance with the employer's remuneration system, the employee has a piecework remuneration system, the corresponding condition must be included in the employment contract.

At the same time, labor legislation does not oblige the employer to indicate in the employment contract the specific amount of piece rates or labor standards provided for in Art. 160 of the Labor Code of the Russian Federation.

Therefore, in an employment contract with an employee whose earnings will depend on the number of units of production produced by him (work performed), it must be indicated that wages are piecework. It is also necessary to provide a link to the local regulatory act of the employer, which establishes:

Piece rates, time norms, production norms;

The procedure for accounting for the production of products and the volume of work performed (for example, the regulation on the remuneration of employees or the order of the employer).

The employee must be familiarized with the specified local regulatory act against signature.

3.1. The worker is set a direct piecework system of remuneration and is paid for the amount of production that he has produced.
Piece rates, norms of time, norms of production, as well as the procedure for accounting for the production of products, the volume of work performed are established by the Regulations on the remuneration of employees of Specialist LLC.

It should also be borne in mind that there are several varieties of piecework wages:

Direct piecework;

piece-premium;

piece-progressive;

Indirectly piecework.

SUPPLEMENTS, SUPPLEMENTS, BONUSES

The norm of paragraph 5, part 2, art. 57 of the Labor Code of the Russian Federation allows not to indicate in the employment contract the specific amounts of additional payments, allowances and bonuses.

If the employer has established additional payments, allowances and incentive (stimulating) payments (including bonuses), then you can specify their types and amount:

a) directly in the employment contract;

b) in the form of a reference to the local regulatory act of the employer (for example, the regulation on the remuneration of employees, the provision on bonuses to employees) or the collective agreement by which they are established. Employees must be familiarized with the indicated documents against signature (paragraph 10, part 2, article 22, part 3, article 68 of the Labor Code of the Russian Federation).

The fact that in this case reference norms can be used in an employment contract is confirmed by Rostrud 2 in its clarifications.

Extract from the letter of Rostrud dated March 22, 2012 No. 428-6-1

2. […]
The specific amount of the tariff rate or official salary is indicated directly in the employment contract. As for the additional payments, allowances and incentive payments due to the employee, they can be directly indicated in the employment contract or it can refer to the relevant local regulatory act or collective agreement that provides for the grounds and conditions for their payment. In the latter case, the employee must be familiarized with the content of local regulations and the collective agreement against signature.

Formulations can be as follows:

3.1.1. Official salary in the amount of 50,000 (Fifty thousand) rubles per month.
3.1.2. Quarterly and annual bonuses that are accrued and paid to the Employee in the manner and on the terms established by the Regulations on bonus payments to employees of New Technologies LLC.

3.1. For the performance of labor duties stipulated by this employment contract, the Employee is paid a salary, which includes:
3.1.1. Official salary in the amount of 30,000 (thirty thousand) rubles per month.
3.1.2. Personal bonus for high qualification in the amount of 10,000 (Ten thousand) rubles per month.

Please note that in an employment contract with an employee who will work in the regions of the Far North or areas equivalent to them, you must specify district coefficient and a percentage increase in wages. If the employer violates this rule and does not include such conditions in the employment contract, the employee will still be able to demand their payment. This position is confirmed judicial practice.

COMPENSATION FOR WORK WITH HARMFUL AND (OR) DANGEROUS WORKING CONDITIONS

In the employment contract, it is necessary to prescribe a description of the working conditions at the workplace (paragraph 7, part 2, article 57 of the Labor Code of the Russian Federation). This information is indicated based on the results of the employer's special evaluation working conditions.

If an employee is hired with harmful and (or) dangerous working conditions, in his employment contract, it is necessary, in particular, to indicate the due compensation for work in appropriate conditions.

According to Art. 92, 117 and 147 of the Labor Code of the Russian Federation, an employee is entitled to the following guarantees and compensations:

Reduced working hours for work with harmful working conditions (3 or 4 degrees) and (or) dangerous working conditions - as a general rule, no more than 36 hours per week;

Annual additional paid leave for work with harmful (2, 3 or 4 degrees) and (or) dangerous working conditions - at least 7 calendar days;

Increasing wages - not less than 4% of the tariff rate (salary) set for various kinds works with normal conditions labor.

The amount of the surcharge specified in Part 2 of Art. 147 of the Labor Code of the Russian Federation (4% of the tariff rate (salary)) is the minimum. Specific dimensions the employer establishes an increase in wages (taking into account the opinion representative body employees) in a local regulatory act, or in a collective agreement, labor contract (part 3 of article 147 of the Labor Code of the Russian Federation).

The wording in the employment contract may be as follows:

3.1. For the performance of labor duties stipulated by this employment contract, the Employee is paid a salary, which includes:
3.1.1. Official salary in the amount of 40,000 (forty thousand) rubles per month.
3.1.2. Additional payment for work in hazardous working conditions in the amount of 1600 (One thousand six hundred) rubles per month.

Note that increased pay is set regardless of the degree of harmfulness of working conditions (subclass 3.1, 3.2, 3.3 or 3.4).