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When will raise the minimum wage in the year. Minimum wage (minimum wage)

The minimum wage, briefly referred to as the minimum wage, is used primarily in salary legal relations. The law of June 2, 2016 N 164-FZ increased the minimum wage to 7500 rubles. Moreover, employers should adjust to this new value by July 1, 2016.

Part 1 of Art. 133 Labor Code(hereinafter referred to as the Labor Code) it is determined that the minimum wage (hereinafter referred to as the minimum wage) is established simultaneously throughout the territory of the Russian Federation federal law and cannot be lower than the subsistence level of the able-bodied population. At the same time, in accordance with Art. 421 of the Labor Code, the procedure and terms for a phased increase in the minimum wage to the subsistence level are established by federal law. However, the corresponding law has not yet been adopted.

I must say that the issue of bringing the minimum wage to the subsistence level has been discussed for a long time. Thematic meetings are regularly held in the Ministry of Labor, in the Russian tripartite commission for regulation social and labor relations, meetings round table etc. Nevertheless, the "movement" in this direction is rather slow. And there are reasons for that.

So, from the beginning of 2016, the minimum wage was set by the Law of December 14, 2015 N 376-FZ in the amount of 6204 rubles. It is worth recalling that in 2015 this figure was 5965 rubles. (Law of December 1, 2014 N 408-FZ). That is, the value of the minimum wage was indexed even below the official inflation rate (6.4 percent, Article 1 of the Law of December 14, 2015 N 359-FZ) - by only a little over four percent. At the same time, the ratio of this "wage" minimum to the projected subsistence minimum for the able-bodied population is slightly more than 50 percent.

This caution is easy to understand. Legislators in the light of the difficult economic situation in the country were looking for a kind of balance - it was necessary to create conditions that would not "spoil" the situation in the economy and the labor market, but at the same time entrepreneurial activity in the real sector of the economy would be preserved. Indeed, in one fell swoop, by increasing the burden on the wage fund, you can be left with nothing - companies can simply curtail their business, and this will result in an increase in unemployment and losses for the budget - tax payments will drop sharply.

However, apparently, the parliamentarians decided that the situation in the economy was beginning to improve. Law No. 164-FZ of June 2, 2016 increased the minimum wage from July 1, 2016 to 7,500 rubles. Thus, the minimum wage increases by another 20.9 percent. Accordingly, employers in the middle of the summer of 2016 need to check whether the pay they pay to their employees meets this minimum. However, first things first.

Such different minimum wages

Let's start with the fact that according to Art. 133 Labor Code monthly, who has fully worked out the standard of working hours for this period and fulfilled the labor standards ( labor obligations) cannot be lower than the minimum wage. At the same time, Art. 133.1 of the Labor Code provides that in a constituent entity of the Russian Federation, a regional agreement may also establish the minimum wage for employees of the region, with the exception of employees of organizations financed from the federal budget. In any case, the regional minimum wage cannot be lower than the federal minimum. And if the region has its own minimum wage, the salary for a fully worked month cannot be lower than this regional minimum wage. The only exception is one single case - the employer refused to join the agreement on the regional minimum wage (part 3 of article 133 and part 9 of article 133.1 of the Labor Code).

So, in the light of the new circumstances, employers need to reconcile the salaries of their employees with the new minimum wage before July 1, 2016. Moreover, if the regional minimum wage is below the new federal size of the "salary" minimum, then it is necessary to focus on it. Indeed, by virtue of the provisions of Art. 133.1 of the Labor Code, as already mentioned, the regional minimum wage cannot be lower than the federal one.

"Subject" indexing

First of all, it is necessary to find out in which cases it becomes necessary to "finally index" the salary of employees to the minimum wage. There are certain nuances here. The fact is that between the salary set for an employee and his salary can be a big difference. The point is that according to Art. 129 of the Labor Code, the salary includes:

  • remuneration for work depending on the qualifications of the employee, the complexity, quantity, quality and conditions of the work performed (salary);
  • compensation payments (surcharges and allowances of a compensatory nature for work in hazardous conditions, in areas Far North etc.);
  • incentive payments (additional payments and allowances of a stimulating nature, bonuses and other similar payments).

As you can see, in itself the fact that the salary of an employee for a fully worked month may be lower than the minimum wage - the "lack" can be completely compensated for by bonuses or compensation. This conclusion is confirmed in the Definitions Supreme Court(see Definitions of August 30, 2013 N 93-KGPR13-2, of May 17, 2013 N 73-KG13-1, of April 8, 2011 N 3-B11-4). "Higher" judges state that the labor legislation allows the establishment of salaries (tariff rates) as constituent parts wages of employees in the amount of less than the minimum wage, provided that their wage, without including the district coefficient and the percentage allowance for continuous work experience, will be no less than the minimum wage established by federal law.

Note! Payments for work in areas with special climatic conditions(regional coefficient and percentage allowance) are not included in the minimum wage established by federal law. There is no need to compare with the minimum wage and additional pay, for example, for overtime. Indeed, in this case, this additional payment is made for work in excess of the monthly labor norm.

About responsibility

Of course, any requirement of the legislation is fulfilled much more "willingly" by introducing liability for its violation. Therefore, it makes sense to remember what sanctions are provided for violation of the rules. labor law and other regulatory legal acts containing norms labor law. This is provided for by Part 1 of Art. 5.27 of the Code of Administrative Offenses. So, for such violations, officials of the organization, as well as employers - individual entrepreneurs, can be fined from 1,000 to 5,000 rubles. Sanctions for legal entities-violators are even more significant - from 30,000 to 50,000 rubles.

It should also be noted that Part 4 of Art. 5.27 of the Code of Administrative Offenses provides for liability for repeated violation of a similar offense. In this case, officials and individual entrepreneurs are charged a fine in the amount of 10,000 rubles. up to 20,000 rubles, and from legal entities - from 50,000 rubles. up to 70,000 rubles As an alternative to a fine, this rule provides for punishment in the form of disqualification for a period of one to three years for officials.

Reaching the minimum

Due to the fact that Law N 164-FZ the minimum wage for federal level increased to 7,500 rubles, the question of how to "adjust" to the new minimum wage again becomes relevant.

Based on the composition of the salary, which is determined by Art. 129 of the Labor Code, then there can be three options:

1) increase the salary of employees, "reaching out" it to the new minimum wage.

To this end, it will be necessary to approve a new "staff", issue an order to increase salaries and conclude with employees affected by this increase, an additional agreement to an employment contract;

2) increase the amount of bonuses.

I must say that this option, to put it mildly, is not very suitable for our case. After all, bonuses are paid for the achievement of certain production results. Raising the minimum wage at the federal or regional level is clearly not one of them. Plus, if, for example, an employee did not cope with his official duties, did not fulfill the plan, was regularly late, etc., then, as a rule, he is deprived of bonuses. And therefore, it will be necessary to return to what, in fact, we started with - how to bring his salary to the "salary" minimum.

Example. Salary of Ivanov I.I. is 6000 rubles. Also, the employment contract provides for the payment of a monthly bonus for achieving certain results in the amount of 50 percent of the salary.
Suppose that Ivanov I.I. fully completed July 2016 and fulfilled the plan. Therefore, he received both a salary and a bonus, which in total amounted to 9,000 rubles. That is, Ivanov's salary for July 2016 exceeds the federal minimum wage, established from July 1, 2016 in the amount of 7,500 rubles.
Suppose that in August Ivanov I.I. did not fulfill the plan and lost the bonus. In this case, he will receive a “bare” salary for a fully worked month - 6,000 rubles, which is less than the minimum wage. Accordingly, in the absence of an additional payment, the company may be held liable for violation of labor laws;

3) increase the amount compensation payments .

In fact, the easiest way is to fix in the position on remuneration that if the employee’s salary for a fully worked month turns out to be less than the federal minimum wage or the regional one, if it is higher than the federal one, then the employee is paid an additional payment up to the specified minimum. This option is good because the additional payment is then made automatically, without unnecessary paper "bureaucracy" (no need to make changes to employment contracts (conclude additional agreements to employment contracts) and issue orders).

It must also be remembered that Art. 236 TC provided material liability employer for the delay in payment of wages and other payments due to the employee. It seems that this rule fully applies to cases where an employee has not received an additional payment to his salary in time, so that its size corresponds to the minimum wage.

In order not to receive a call to the "salary" commission in 2016, check what the minimum wage is set in Moscow from July 1, 2016, and how it differs from the minimum wage.

The minimum wage in Moscow and in the whole country differ, this is different indicators. And they are also affirmed in different ways:

  • The minimum wage for the country sets The State Duma;
  • The minimum wage for Moscow has been agreed between the Government of Moscow, trade unions and associations of employers.

These indicators should also be applied in different ways. Let's figure out when to apply the minimum wage in Moscow, and when an accountant needs a general minimum wage.

The size of the minimum wage in Moscow has not been changed for a long time

By law, each subject of the Russian Federation has the right to independently decide what kind of minimum wage. In Moscow in 2016 from January 1 and on this moment until it changes. From January 1, the “minimum salary” in Moscow was set at 17,300 rubles.

The minimum wage is mandatory for all enterprises, with the exception of those financed from the federal budget (Article 133.1 of the Labor Code of the Russian Federation). The main thing is that the size of the regional salary should not be lower than the federal minimum wage.

Size agreed between executive body Moscow, an association of trade unions and employers, this is a tripartite document (Agreement dated 12/18/2014, as amended on 10/30/2015).

Territorial principle of the minimum wage

The minimum wage established in the subject of the Russian Federation is valid only in this region (part 2 of article 133.1 of the Labor Code of the Russian Federation). It turns out that it is obligatory only for those companies that conduct their activities in Moscow.

Moreover, the Moscow “minimum wage” applies to any mercenary who works in Moscow, regardless of where his employer company is registered. The Moscow Agreement applies to all employers operating in the region, except for those who have refused to join.

The Labor Code contains a rule according to which the subject of the Russian Federation, after the adoption of the salary agreement, must officially publish it. From now on, those employers who did not participate in the adoption of this document have 30 days to. After this period, the agreement will become mandatory for all employers (parts 7, 8 of article 133.1 of the Labor Code of the Russian Federation).

What is the minimum wage set at the federal level?

The federal minimum wage, as well as minimum wage in Moscow in 2016 from July 1, 2016 obligatory for application, but only already on the entire territory of the Russian Federation. The State Duma recently adopted amendments (Law No. 82-FZ) to the law, which sets the minimum wage for the entire country.

Thus, the size of the minimum wage has been increased to 7,500 rubles. Such a significant increase last years not yet observed (almost 21%). Prior to this, the size of the federal minimum wage was fixed at 6,204 rubles (Law No. 376-FZ). You can read more about increasing the minimum wage in the article.

The minimum wage for 2019 in Moscow and the Moscow Region is a very important indicator that is used not only when setting the amount of salary, but also for calculating various benefits. That is why accountants should monitor changes in this figure. Let's take a closer look at what the salary is in the capital and the metropolitan region, as well as what threatens employers who refuse to raise salaries.

The minimum wage in Moscow from November 1, 2018 was increased to 18,781 rubles by Decree of the Government of Moscow dated September 19, 2018 N 1114-PP.

Dynamics of the minimum wage in Moscow for 5 years

Amount of salary, rub.

01.01.2013 - 30.06.2013

01.07.2013 - 31.12.2013

01.01.2014 - 31.05.2014

01.06.2014 - 31.12.2014

01.01.2015 - 31.03.2015

01.04.2015 - 31.05.2015

01.06.2015 - 31.10.2015

01.11.2015 - 31.12.2015

01.01.2016 - 30.09.2016

01.10.2016 - 30.06.2017

01.07.2017 - 30.09.2017

11/01/2018 - present

It should be noted that at present the living wage for the able-bodied population of the capital is 18,580 rubles.

Minimum wage for the Moscow region in 2019

The minimum wage in the Moscow Region in 2018 also changed its value (Agreement on the minimum wage in the Moscow Region dated March 1, 2018 No. 41). Minimum wage in the Moscow region:

  • from January 1, 2019 - 13,750 rubles;
  • from April 1, 2019 - 14,200 rubles;
  • from May 1, 2019 - 14,200 rubles.

Is it possible to pay less than the minimum wage?

Deliberately lowering the minimum wage in the Moscow Region in 2019, as well as in other regions and in previous years, is punishable by law. According to article 133 of the Labor Code of the Russian Federation, the monthly salary of an employee who has fully worked out the norm of working hours and fulfilled his labor duties cannot be lower than the established federal minimum wage. Unscrupulous employers who reduce wages are identified by the labor inspectorate during scheduled and unscheduled inspections. For detected violations, employers will have to pay quite large amounts of fines. According to Article 5.27 of the Code of Administrative Offenses of the Russian Federation, the violating organization will have to pay a fine:

  • from 30,000 to 50,000 rubles - for the first violation;
  • from 50,000 to 70,000 rubles - for a repeated violation.

In this case, the amount of the fine will have to be multiplied by the number of employees in respect of whom the offense was committed. For example, for one employee with salary less than the minimum wage will have to pay 30,000 rubles, and for two - 60,000 rubles.

Please note that you should not be afraid of sanctions for employers who have a salary less than the minimum wage, but who, in addition to it, pay bonuses, incentives and compensation payments in such an amount that the total employee remuneration is higher or equal to the "minimum wage".

If employees receive less than the established amount, the employer should take care of increasing remuneration in advance. For this you need:

  • make changes to staffing;
  • publish;
  • sign an additional agreement with employees.

On June 2, 2016, Federal Law No. 164-FZ was adopted, establishing an increase in the minimum wage from July 1, 2016. How much will the new minimum wage be and what will it affect?

New minimum wage in 2016

The new minimum wage will be 7,500 rubles, which is more than 20% higher than the "minimum wage" that was in effect before. Recall that from January 01, 2016 to June 30, 2016, the minimum wage was set at the level of 6,204 rubles (Federal Law of December 14, 2015 No. 376-FZ).

What is the MOT for?

In accordance with Art. 3 of the Federal Law of June 19, 2000 No. 82-FZ, the minimum wage is used to regulate wages and determine the amount of benefits for temporary disability, pregnancy and childbirth, as well as for other purposes of compulsory social insurance.

What will the new minimum wage affect?

The salary of an employee who has fully worked for a month (salary, compensation and incentive payments) cannot be less than the minimum wage (Article 133 of the Labor Code of the Russian Federation). Accordingly, the wages of employees, established in the amount of the "old" minimum wage, should be increased to 7,500 rubles from 07/01/2016. Average earnings during vacations and business trips also cannot be less than 7,500 rubles for a full calendar month.

Benefits for temporary disability, for pregnancy and childbirth, monthly allowance for child care are calculated from the average earnings, which cannot be less than the minimum wage on the date of occurrence insured event. This means that if illness, maternity or parental leave began on 07/01/2016 or later, then the allowance is calculated taking into account the following minimum values:

From July 1, 2016, for employees whose insurance period does not exceed 6 months, temporary disability benefits and maternity benefits, taking into account the new minimum wage, cannot exceed 7,500 rubles for a full calendar month (

The 2019 minimum wage has been increased again. Consider how this value has changed over the years preceding 2019 and how it compares with the subsistence minimum.

Federal minimum wage in 2019

The value of the minimum wage (minimum wage) at the state level is approved by the relevant federal law. The minimum wage is valid throughout Russia and cannot be less than the subsistence minimum for able-bodied citizens for the 2nd quarter of the previous year for the purpose of calculating wages (Article 1 of the Law "On the Minimum Wage" dated June 19, 2000 No. 82-FZ). In other words, the employee who actually worked the established labor agreement the norm of time, cannot receive a salary less than the established minimum wage. If the employer pays a salary less than the minimum wage, he faces a fine under paragraph 6 of Art. 5.27 of the Code of Administrative Offenses:

  • from 10,000 to 20,000 rubles. on officials;
  • from 30,000 to 50,000 rubles. to legal entities;
  • from 1,000 to 5,000 rubles. for individual entrepreneurs conducting activities without forming a legal entity.

If earlier neither the social nor the financial departments of the Russian Federation, nor the parliamentarians were able to establish the correspondence of the minimum wage to the subsistence minimum, then in March 2018 the President of the Russian Federation signed the law dated 03/07/2018 No. the value of the minimum wage will be equal to the subsistence level of the able-bodied population for the 2nd quarter of last year.

Results

The minimum wage for 2019 has been increased to 11,280 rubles. Since May 2018, the minimum wage has become equal to the subsistence level of the able-bodied population for the 2nd quarter of 2017 and amounted to 11,163 rubles. Regions also have the right to set the value of the minimum wage, but it cannot be lower than the federal indicator.